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09-0616_ELITE BOBCAT SERVICES, INC_Contract
RECORDED AT REQUEST OF AND RETURNED TO: Recorded in Official Records, Orange County City of San Juan Capistrano Torn ©al , Clerk Recorder City Clerk's Office NO FEE 32400 Paseo Adelanto San Juan Capistrano, CA 92675 201000046237310:00 am 09117110 RECORDING FEES EXEMPT DUE TO 00. 412 N12 't GOVERNMENT CODE SECTION 6103 .00 OAO 0.00 0,00 0.00 0.00 0.00 0.00 `nFV; Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION 'S NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Elite Bobcat Service, Inc., 1320 E. Sixth Street, Suite 100, Corona, CA 92879 for the Camino Capistrano and Del Obispo Street Intersection Improvements (CIP No. 07104 and CIP No. 09905). That the said work completed on June 24, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 7th day of September 2010. That upon said contract, Fidelity and Deposit Company of Maryland was the surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano this 7'h day of September 2010. Y 9 Mari6,M;1 , Ity Clerk City of Sean'Ju n Capist,ar�o f. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of penury, th t the foregoing Notice of Completion is true and correct, and that said Notice of Completion was9 duly Fid regularly ordered to be recorded in the Office of the Orange County Recorder by said City ClorN, f Dated at San Juan Capistrano this 7'h day of September 2010. - Ma 1a i v Clerk City`of fan Juan Gapistrao o u ; 91712010 AGENDA REPORT D14 TO: Joe Tait, City Manage Otr FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Notice of Completion- Camino Capistrano and Del Obispo Street Intersection Improvements (GIP Nos. 07104 and 09900 (Elite Bobcat Service, Inc.) RECOMMENDATION By motion, 1.) Adopt a Resolution declaring the work for Camino Capistrano and Del Obispo Street Intersection Improvements complete, accepted, and approved; and, 2.) Approve project cost transfer of$12,994.20; and, 3.) Direct the City Clerk to process the recording of project Notice of Completion; and, 4.) Authorize staff to release the 10% retention, in the amount of $61,343.04, thirty five days after recordation. SITUATION A. Summary and Recommendation The work to construct street improvements at the intersection of Camino Capistrano and Del Obispo Street has been completed to the satisfaction of the City Engineer and is ready for acceptance and recordation of the Notice of Completion with the County Recorder. B. Background On June 16, 2009, the City Council awarded a contract to Elite Bobcat Service to construct street improvements at the intersection of Camino Capistrano and Del Obispo Street. The project was Priority No.2 in the Traffic Congestion Relief Program (TCRP) as adopted by City Council in 2003. The project widened the north side of Del Obispo Street from Camino Capistrano west to the railroad tracks, modified and removed existing medians, and provided dual left turn lanes, one through lane, and a combination through/ right turn lane in the westbound direction. Also, portions of sidewalk along Del Obispo Street Agenda Report September 7, 2010 Page 2 were reconstructed to provide ADA compliant sidewalks, and the western sidewalk along Camino Capistrano north of Del Obispo Street was reconstructed to provide wider sidewalks and ADA compliance. The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street was also reconstructed to provide ADA compliance. The project also constructed a beautification component on the north side of Del Obispo, west of Camino Capistrano, through the Redevelopment Agency funds. The upgrades included a new driveway, pavers in the sidewalk area, additional landscaping and irrigation, and garden wall treatment. FINANCIAL CONSIDERATIONS This project was awarded for $605,726.50. The additional work at the request of the Redevelopment Agency added $53,745.87 to the contract amount, $40,751.67 which was paid out of the Redevelopment Project, CIP No. 09905; the remaining $12,994.20 was paid out of the CIP No. 07104 account. Staff is recommending the approval of cost transfer from CIP 07104 to CIP 09905 totaling $12,994.20 because the cost was as a result of overages in quantities for additional sidewalk and driveway improvements on the north side of Del Obispo Street from the EI Adobe Plaza driveway west of Camino Capistrano west to the railroad tracks, and curb improvements around an EI Adobe Plaza sign to coordinate with a fagade enhancement project requested by the Redevelopment agency. Capital Improvement Project 09905 project has sufficient funds to cover the transfer to the CIP 07104 account. The Del Obispo Widening project went well over the allowed contract time even considering the extra work that was added to the project. Giving a conservative credit for the time it took for the extra work, the liquidated damages on this project charged to the Elite Bobcat Service is $38,000.00. Master Plan of Arterial Highway (MPAH) grants in the amount of $150,000.00 are programmed for CIP No. 07104 of which $126,000.00 have been received/ reimbursed to date by Orange County Transportation Authority, the grant administrative agency. Additional MPAH grant funding of $25,650.00 has been allocated to the project, and being processed for claim. A Prop 16 County Grant of $250,000 was also received. NOTIFICATION Elite Bobcat Service, Willie Ellis Agenda Report September 7, 2010 Page 3 RECOMMENDATION By motion, 1.) Adopt a Resolution declaring the work for Camino Capistrano and De[ Obispo Street Intersection Improvements complete, accepted, and approved; and, 2.) Approve project cost transfer of$12,994.20; and, 3.) Direct the City Clerk to process the recording of project Notice of Completion; and, 4.) Authorize staff to release the 10% retention, in the amount of $61,343.04, thirty five days after recordation. Respectfully submitted, Prepared by, Nasser Abbaszadeh, PE Nisha A. Patel, PE Public Works Director Associate Engineer Attachment(s): 1. location Map 2. Resolution 3. Notice of Completion THE CITY OF SAID JUAN CAPI TRANO @ P in . �ry� �_j .... .� 8 - F �j M3 �3yh fk'$ Jnr ✓'N CIP Nos. 07904 and 09905- ` " ',`` f5 Camino Capistrano and Del .: Obispo Street Intersection DEL Improvements 6 r x 0 3000 6000 9000 Feet ATTACHMENT I RESOLUTION NO. 10-09-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR DEL OBISPO STREET INTERSECTION IMPROVEMENTS (ELITE BOBCAT SERVICE, INC.)(CIP No. 07104 and CEP No. 09905) WHEREAS, on the 16th day of June 2009, the City of San Juan Capistrano entered into a contract with Elite Bobcat Service, Inc., 1320 E. Sixth Street, Suite 100, Corona, CA 92879 for construction of the Camino Capistrano and Del Obispo Street Intersection Improvements; and WHEREAS, the City Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the work is hereby accepted and approved by the City Council. SECTION 3. That the City Clerk is directed to forward a Notice of Completion to the County Recorder for Recording. PASSED, APPROVED, AND ADOPTED this 7th day of September 2010. Dr. Londres Uso, Mayor ATTEST: Maria Morris, City Clerk ATTACHMENT 2 RECORDED AT REQUEST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Elite Bobcat Service, Inc., 1320 E. Sixth Street, Suite 100, Corona, CA 92879 for the Camino Capistrano and Del Obispo Street Intersection Improvements (CIP No. 07104 and CIP No. 09905). That the said work completed on June 24, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as.owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 71"day of September 2010. That upon said contract, Fidelity and Deposit Company of Maryland was the surety for the bonds given by the said company as required by law_ Dated at San Juan Capistrano this 71"day of September 2010. Maria Morris, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and reguiarly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 7th day of September 2010 Maria Morris, City Clerk City of San Juan Capistrano ATTACHMENT 3 3 T P 3 fr L .ffi N"Y"f7VIEMERS OF?14 Ty COUNCIL N*[ (94V 493-11.71 LWRAFREESE (9499 1053 VAX s � Hca E;Y'tli�ttdi t7ta2.i`28i.F(P f:P`<,y C . 1776 DR.,B ONINW�S 3!St) NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, September 7, 2010, in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion - Camino Capistrano and Del Obispo Street Intersection Improvements (CIP Nos. 07104 and 09905) (Elite Bobcat Service, Inc.)" — Item No. D14. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:0101 p.m. on Tuesday, September 7, 2010, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Nisha Patel, P.E., Associate Engineer. You may contact that staff member at (949) 443-6350 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to- cityclerk@san'uancapistrano.org. Maria Morris, CMC City Clerk cc: Elite Bobcat Service, Willie Ellis @� r l r V Sze g F l . ( p - 5 g , _Ir.��� .J��f.���r i �5������F i.d',.��f� � �'�x.��t � �::.� l;t��'�h ��E2�57 dr�x� [�.r�'d �{1�'�.{`.`��y x�F��I`��ff�1�- 9/7/2®1® ELITE BOBCAT SERVICE, INC. D14 1320 E. Sixth, Suite 100 r I Corona, CA 92879-1700 ELITE BOBCAT SERVICE Phone: (951) 279-6869 Fax: (951) 279-6832 GENERAL ENGINEERING LETTER OF TRANSMITTAL �a DATE: September 7, 2010 ' s COMPANY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTN: Mayor Dr. Londres Uso, Mayor pro tem Laura Freese, Council'Members Sar>'I�° Allevato, Tom Hribar and Mark Nielsen PROJECT: Camino Capistrano 1 Del Obispo Street Intersection Improvements (CIP 111) Re: AGENDA REPORT D14 Dear Council Members, Introduction I am the project manager for Elite Bobcat Service, Inc. ("EBS"), the contractor that performed the improvements at Del Obispo and Camino Capistrano. This letter is being sent as noted in the 'NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL' that I received today. The Notification references the consideration of Notice of Completion for the referenced Project, and appears to be a standard form letter sent to my attention insofar as the Council will consider an item at the Meeting that pertains to EBS. I took the liberty of pulling Agenda report D14 from your web page so I would have a copy of the notice of completion. One item in the Agenda at D14 is of great concern to EBS---the assessment of $38,000.00 for liquated damages for alleged delays attributed to EBS. The assessment is highly troubling for at least two primary reasons: First, there is no documentation or backup included with the Agenda that would support such a large withholding from EBS. Second, the assessment is arbitrary and cannot be supported by the Project record or personnel. Brief History of Relevant Facts The contract was awarded in June 2009 and the pre-construction meeting followed in July 2009. The Notice to Proceed was issued on August 27, 2009 with a start date of September 7, 2009. The changes for the Project started at the Pre-Construction Meeting and continued throughout the duration, ending with the replacement of disputed cobbles on June 25, 2010. We believe the main issue that was not resolved by the parties is the installation of the cobble that began on about January 5, 2010. The dispute appears to be based on the cobble submittal that was approved in October 2009 by the City's Project Manager, Nisha Patel. Ms. Patel has stated in past correspondence on this matter that she did not receive a physical sample of the very cobble that she approved. Although EBS disagreed with Ms. Patel's contention in this IRVINE 1594t2.I 102044,Ot I regard, over the ensuing days EBS tried in good faith to resolve the dispute over the cobble issue but, ultimately, was unsuccessful. EBS continued with the installation of the approved cobble to keep up with the revised schedule approved by Ms. Patel (as confirmed in her e-mails to our company). I had multiple meeting with Ms. Patel on this subject, several of which included Mr. Abbaszadeh. After dozens of letters to and from the City regarding the size, type, color, spacing, grout and installation process for the cobble (a process that Ms. Patel was actively directing), samples were provided as requested and quotes were sent to Ms. Patel's attention for the additional work. During this time, no progress was being made on this aspect of the Project. Ultimately, Ms. Patel gave direction to remove and replace (at EBS' cost) the previously-approved and installed cobble, and noted that if we disagreed with her instruction EBS could file a claim. Naturally, we objected to Ms. Patel's instruction to remove and replace the previously-approved cobble at our cost and, on February 10, 2010, EBS served on the City the first of two claims against the City. Meeting with Ms, Patel In June 2010, after conducting hours of research attempting to locate sources for the cobble demanded by the City (from photographs furnished by Ms. Patel), and after providing to the City multiple samples of cobble that were rejected by Ms. Patel, I scheduled a meeting with Ms. Patel, a meeting also attended by her colleague from the City's Redevelopment unit. At this meeting Ms. Patel approved the proposed new cobbles, but demanded that EBS undertake the laborious chore of inspecting the bulk deliveries of cobble, pulling out the dark colored cobble stones and keeping for installation only the lighter colored cobble). EBS proceeded with the removal and replacement work under written protest. Ms. Patel continued to reject EBS' claim for the cost for the removal and replacement work completed by her direction. Despite the City's threat of assessment of liquidated damages if EBS pursued its claim for payment for the removal and replacement of the previously-approved cobble, EBS prepared and submitted a revised Notice of Potential Claim. City's Assessment of Liquidated Damages On August 24, 2010, EBS received an e-mail letter from Ms. Patel that the City was considering assessment of liquidated damages against EBS in the estimated amount of $38,000.00. The City's letter noted that its backup documentation would be provided with a final number when available. On August 31, 2010, EBS received an e-mail letter confirming the City's assessment of liquated damages against EBS on the Project is $38,000.00, and that the same would be reported to the City Council on September 7, 2010, at the time the City Council will consider approving the Project's Notice of Completion. On September 3, 2010, EBS received the Notification of Meeting on September 7, 2010 and the notification provides information for citizens to appear before the Council. Due to the late notice and importance of this issue, I am requesting time to speak to Council Members on behalf of EBS, and will provide additional documentation for your review and consideration with the hope of resolving this troubling dispute. EBS has no information or other knowledge that would support the City's assessment of liquidated damages. The City's assessment against EBS has put us at a great disadvantage; specifically, EBS is unable to address the City's assessment insofar as it is issued months after the work has been completed, and, most disconcerting, long after EBS has issued final payment to its suppliers and sub contractors. Thus, if any of the alleged liquidated damages relates to work or materials provided by EBS' subcontractors, it will be exceedingly difficult and costly for the Company to pursue recovery. I.RVIN , 159412.1 102044.011 It is our hope the City will fully investigate the assessment in good faith and resolve the same fairly for EBS. The costs far exceed the contract amount for this Project as I am sure you will discover as you read through the correspondence and other supporting documents provided by EBS. Should the City decide to continue to reject the claim for the cobbles and access liquidated damages, we expect to see full and valid documentation supporting the assessment. Respectfully, 4„ Willie Ellis \� Elite Bobcat Service, Inc. cc: EBS Job#90214 Michael Germain, Watt, Tieder, Hoffar& Fitzgerald, LLP. IRVINE 159412.1 102044.011 RESOLUTION NO. 10--09-07-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR DEL OBISPO STREET INTERSECTION IMPROVEMENTS (ELITE BOBCAT SERVICE, INC.,)(CIP No. 07104 and CIP No. 09905) WHEREAS, on the 16th day of June 2009, the City of San Juan Capistrano entered into a contract with Elite Bobcat Service, Inc., 1320 E. Sixth Street, Suite 100, Corona, CA 92879 for construction of the Camino Capistrano and Del Obispo Street Intersection Improvements; and WHEREAS, the City Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the work is hereby accepted and approved by the City Council. SECTION 3. That the City Clerk is directed to forward a Notice of Completion to the County Recorder for Recording. PASSED, APPROVED, AND ADOPTED this th day' ,September 2010. DR. LONDRES 01aO, MAYO ATTEST: MARIA MORRIS, GfT)Y CLERK 1 9/7/2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE. ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-09-07-04 was duly adapted by the Cit Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7t day of September 2010, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Nribar, Nielsen, Freese and Mayor Uso NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None � o MARIA MORRIS, City-Clerk 2 9/7/2010 32400 PASEO AD LA1dTO MEMBERS OF THE CrfY COUNCIL SAN JUAN CAPISTRANO,CA 9P-67S 1, s (9 4 ) SADA ALLEVATC 493-1171 LAURA (949)493-1059 FAx . i�cs t a�rt� sisS ESE t�zt3e�ls�tt} 4 � THOMAS W. www.sanjuan.capi,vtrano.org 1776 MARK ralELsrMN OR,LO NCRES USO September 28, 2010 Elite Bobcat Service, Inc 1320 E. Sixth Street, Suite 100 Corona, CA 92879 Re: Camino Capistrano and Del Obispo Street Intersection Improvements CIP No. 07104 and 09905) To whom it may concern: At their meeting of September 7, 2010, the City Council of the City of San,Tuan Capistrano adopted Resolution 10-09-07-04 accepting the work as completed for the Camino Capistrano and Del Obispo Street Intersection Improvements, CIP No. 07104 and 09905. A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on September 17, 2010; therefore, the final payment in the amount of $61,343.04 may be released on October 22, 2010. If you have any questions, please do not hesitate to call. Very truly yours, Christy Jakl, Dep y City Clerk cc: Nisha Patel, Associate Engineer Dottie Crawford, Accounting Specialist San Juan Capistrano, Preserving the Past to Enhance the Future Op Printed on 100%recycled paper 32400 PASEO A[)EI.,ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 f SAM ALLEVATO I..AUF2A S (949)493-1171 FREE lEC�RPIIRRT¢0 E (949)493-1053E FAx s ER9�11581C/ � E46� THOMAS W.HRISAR www.sanjuancapistrano.org 17n MARK NIELSEN DR LONDRES USO September 9, 2010 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording — Notice of Completion The noted documents are enclosed for recording: • Notice of Completion — KEC Engineering, Inc. for the City Sewer Hydraulic Capacity No. 2 Project (CIP No. 07704) ® Notice of Completion — KEC Engineering, Inc. for the City Sewer Hydraulic Capacity No. 4 Project (CIP No. 07702) ® Notice of Completion — Elite Bobcat Service, Inc. for the Camino Capistrano and Del Obispo Street Intersection Improvements (CIP No. 07104 and CIP No, 09900) When placed of record, please return the recorded documents to this office. Thank you for your assistance. Very truly yours, Kristen Lewis Administrative Specialist San Juan Capistrano.- Preserving the Past to Enhance the Future �� Printed on 100%recycled paper CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIF 111) CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and Elite Bobcat Service, Inc. hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Camino Capistrano/Del Obispo Street Intersection Improvements (CIP 111), in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; C--1 therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Two Hundred Fifty Dollars ($500) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Pasco Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified .prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all tunes during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. C-2 CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extant as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of C-3 this Agreement to verify the employment authorization of new employees assigned to perforin work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found atIl :11rj.:,u5.gcv., or access the registration page at iat !I sdh,;TcoT a1c r rcarr is t mz icer. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: MARK 14ASEN,MAYOR By. JOSEPH NANCI-PRESIDENT CONTRAC R, L1C SE NO. AND CLASSIFICATION ELITE BOBCAT SERVICE, INC. 720016-A EXPIRES 3/31/2010 ATTEST- Meg T PEST:Meg Monahan, Cit erk PROVED S TO ORM: Omar Sandoval, City Attoe C-4 �J 32400 PASEO A©ELANTO MEMBERS OF THE CITY COUNCIL SAN JIJAN CAPISTRANO,CA 92675 %i�' (949)493-1171 SAM ALLEVATO (949)493-1053 FAX o 2fORPORAT(@ LAURA FREESE THOMwww..Sfl31JZ ancapisti-ano.org MARK CS��l��f8 f�6� MARK NIELSELSERIBAR N DR,LONDRESISSO TRAINS1111ITTAL TO: Elite Bobcat Service, Inc 1320 E. Sixth Street, Suite 100 Corona, CA 92879-1700 DATE: July 14, 2009 FROM; Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 RE: Contract — Camino Capistrano/Del Obispo Street Intersection Improvements (CIP 111) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Nisha Patel, Associate Engineer at (949) 443-6350. An original agreement is enclosed for your records. Cc: Nisha Patel, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Printed On 100%recycled paper EXECUTED IN TWO COUNTERPARTS BOND #7608994 Premium included IN PERFORMANCE BOND LABOR AND MATERIAL BOND Know all men by these presents, that: WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to: ELITE BOBCAT SERVICE INC. L.icf- nse No. _ 720016 _ hereinafter designated as "Principal", a contract for CAMINO CAPISTRANO/DEL OBISPO INTERSECTION and IMPROVEMENTS CTP 1 1) WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to he done, or for any work or labor done #hereon of any kind, the surety or this bond wil! pay the same. NOW, THEREFORE, we ELITE BOBCAT SERVICE, INC. Principal, and FIDELITY AND, DEPOSIT COMPANY OF MARYLAND_ as surety, Are held firmly bound unto the City of San ,duan Capistrano, a municipal corporation, in the penal sure of_** _ ___ DOLLARS ($,,605,461.5(1 ;awful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. * SIX HUNDRED FIVE THOUSAND FOUR HUNDRED SIXTY—ONE AND 50{100'5 THE CONDITION! OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall tail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Cade with respect to such work, or for any amounts required to be deducted, withheld, and paid over to the EDD from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to sueh work, that the surety will pay for the same in an amount not exceeding the. sur, specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to LM-1 ........... ........... the benefit of any and all persons, companies and corporations entitled to file clairrs under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed there under. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall he included costs and reasonable expenses and fees, including reasonable attorney's fees, incur-red by City in successfuily enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Executed this 4TH day of JUNE 2009, at ANAHEIM California, ELITE BOBCAT SERVICE,_J��C.______ PRINCIPAL_ By: FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY By. and Seal) RICHARD A. COON/ATTORNEY-IN-FACT APPROVED AS TO FORM f Omar Sandoval, City Attorney, I. CALIFORNIA ALL--PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Oran e } On 6`4-09 before me, Lox'se Sherwood. Notary Public Date Mere Insert Name and Title o€the Officer personally appeared Richard A. Coon Name(s)of Signer(,;) 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), LEX1E Sl#E6IIVOOl and that by his/her/their signature(s) on the instrument the Comm.#1593951 3 person(s), or the entity upon behalf of which the person(s) NOTARY PUSL€C w CALIFORNIA 0 acted, executed the instrument. Z ORANGE COUNTY A Comm.Exp.ji JLY 27,2009 i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing g g paragraph is true and correct. Witness my hand and offic' I seal. Signature Place Notary Seal Above Signature of NolMy PIablic OPTIONAL Through the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above:_ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer--Title(s): ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited❑General ❑ Partner---❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact I - ❑ Trustee =19QM ❑ Trustee � ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer Is Representing: 02007 National Notary Association-9350 Tae Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNottry.org Item#5907 Peordflr;Call Toil-Free 1-800-675-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW A.LI.,MEN BY THESE PRESENTS:That.the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President,and ELIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the date h e l cies Eby nominate, constitute: and appoint Richard A.COON,Charles L.FLAKE,David L. CU 13' �n� ie=001),all of Anaheim, California, EACH its true and lawful agent and a urd deliver,for, and on its behalf as surety, and as its act and deed: any an n ution of such bonds or undertakings in pursuance of these presen I� ins as fully and amply, to all intents and as if the had been d=ppqW �rac n y h ittlarly elected officers of the Company at its office purposes, y � , in Baltimore, Md.,i i srs attorney revokes that issued on behalf of Richard A.COON, Charles L. FLAKE, C [thew P.FLAKE,Lexie SHERWOOD,dated November '7,2005. The said Assistant "ges .erg y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-LO 4,said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND DUOS J o � By: Eric D.Barnes Assistant Secretary Williarn J. Mills Vice President State of Maryland ss: City of Baltimore On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice; President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, Lind that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4 'F3jftf11 tI1F�� Constance A. Dimn Notary Public My Commission Expires: July 14,2011. POA-F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-president, or any of the Senior Vice-Presidems or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behall'ole the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section_ 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1440. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice:,-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4TH day of JUNES Assistant Secretary State of California County of ,� � On before me, , a notary public,personally appeared , , o proved to me on the basis of satisfactory evidence to be the person ose name ,is T-e-subscribed t he within instrument and acknowledged to me t t e s trey executed the same in is teir authorized capacity' hat), and tb is lrelA4iei-r signatureN on the instrument the person's or the entity upon behalf of which the persons acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal), �1 ,�o� ray 9't, EXECUTED IN TWO COUNTERPARTS BOND #7608994 PREMIUM: $7,634 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ELITE BOBCAT SERVICE, INC. ,as Principal (hereinafter called .'Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND I as Surety (hereinafter' called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as Obligee (hereinafter called "City"), in the amount of ** Dollars ($ 605,461.50 _), for payment, whereof Contractor and Surety bind themselves, their heirs, executors, adrriinjStF3t0rS, SL;ccessor,,:, and assigns, jointly and severally, fairly by these 'presents. SIX HUNDRED FIVE THOUSAND .FOUR HUNDRED SIXTY—ONE AND 50/100'S WHEREAS, Conti-actor has, by written agreement dated , entered into a (describe agreement), GAMING} CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS {CTP 111) which contact is, by reference, made a part hereof, NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said agFeement then this obligation shall be null and vold; otherwise it shall remain in full force and effect. Surety waives whatever legal rightitmay have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that-. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be perfor-Med thereunder. PB-1 Executed this STH day of, juNE .2009, at ANAHEIM California. ELITE BOBCAT SERVICE, INC. PRINCIPAL BY: (NOTARIZATION AND SEAL) 9,0s6m FIDELITY AND DEPOSIT COMPANY OF MARYLAND S U R E'TY BY: O�N�OTA�RIZATION AND SEAL) RICHARD A. COON/ATTORNEY-IN-FACT APPROVED AS TO FORM 61 -R-WF-y AC O�YAI-T OMAR NDOVAL, CITY A PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange _ I On 6=4--09 before me, Lexis Sherwood Nota Publie Date Here Inser€Name and Title of the flfficer personally appeared Richard A. Coon — Name(s)of Signer(s) 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), *ComM, LEXIS Sl lER1rJODand that by his/her/their signatures) on the instrument the COMM.01593951 person(s), or the entity upon behalf of which the persons) NOTARY€UBLIC:Q CAt.yIFORNOA �ORA14GE couluracted, executed the instrument. Exp.,Pt I..Y z7,2p09 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 off' 'al-pe Signature_ _ Place Notary Seal Above Signature of N ary ublic OPTIONAL Though the information below is not required by lax, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _— Signer(s)Other Than Named Above:_, Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s). ❑ Corporate Officer------Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact 1.111j.1 I I il k d ❑ Attorney in Fact ❑ Trustee ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here i ❑ Other: ❑ Other: Signer Is Representing Signer Is Representing: 02.607 National Notary Association•9350 Do Sato Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www,NalfonatNo€ary.org Rem#5907 laeorder:Ca€f Toll-Free 1-800-876-&8'l7 Power of Attorney FIDELITY AND DEPOSIT COMPANY.OF MARYLAND KNOW ALI_MRN BY THESE PRESENTS: That the;FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant.Secretary, in pursuance of authority granted by Article Vl,Section 2, of the:By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e ,� cfe�s . by nominate,constitute and appoint Richard A.COON,Charles L.FLAKE,David L.CIJLB �n tie SiOOD,all of Anaheim,California, EACH its true and lawful agent and �� ma ��d deliver,for,and on its behalf as surety,and as its act and deed: any an c s n to ..xecution of such bonds or undertakings in pursuance of these 1 in i a y, as fully and amply, to all intents and purposes, as if they had been du et'e presac n h gularly elected officers of the Company at its office 2 in Baltimore, Md.,i I)1 _ .. per`�Trfi attorney revokes that.issued on behalf of Richard A.COON, Charles L. FLAKE ' a ew P. FLAKE,Lexie SHERWOOD, dated November 7,2005. The said Assistant ` es ere-by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Ls said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FI'DELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November,A.D.2000. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND DIP psi elk p II By: Eric D. Barnes Assistant Secretary William J. Mills vice President State of-Maryland ss: City of.Baltimore On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, cavae WILLIAM J.MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument.by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. J>>lFI iY�L�t} Constance A. Dunn Notary Public My Commission Expires: July 14, 20.1 1 POA-F 0112-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-.Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at. a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsirrmile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually at-fixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4TH day of JUNE 2009 Assisnant Secretary State of California County of �r On \-�A before me, k'k. _ , a notary public, personally appeared I , � o proved to me on the basis of satisfactory evidence to be the personose name is afe-subscribed t e within. instrument and acknowledged to meOtthe s�/�y executed the same in is hrr sir•- authorized capacity`, and that byhtT thei-r signature on the instrument the personn. or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my ha and official seal. Signature (Seal) xzo Ip 0° � ��` `s AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. County of Orange 700q AUG I.'I A q: I bs I aryl a citizen of the United States and a resident CH[° of the County aforesaid; I am over the age offi°sM EFZ' eighteen years, and.not a party to or interested an the above entitled inatter. I am.the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation. by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of �va�rdn�tea+ser�l�a stns California; that the notice, of which the annexed �e�nrra®ca�>Is� xa�n�;>~osaswa sw� '�tau is a true printed copy, has been published in each riaslres€°�ins�s4une�trrs rc€� 3s� Piot€ce''is hereby g€ven that sealed bds for the G4rpino regular and entire issue of said. newspaper and eap€strano(tlei o6spo Sfraet;intersecUon irnpr©yeents (GIP 11i))will be ferzived at thenft ca otthe.Gdy Glerkf the City cf.3an Juan Gaptstrar7o Cafiforn a,r7nl l 2p m�r,,rNed not in any supplement thereof on the 'following Westley;°spay�o^zoos at wnl4h t,rne�hax will be oper,8 ' and read;aloud dates,to wit: prospecpve b€ddes are tnxsa tv at€erfd�a pYe b d cont®r encs at t0 p0 a m qn day May,2009 rR the 1Grly Gouncsl Chambers At tint the lha ooniraetor sball:;€ave April 30,2009 the opppr[un€tyfor cfartcatEan of€n1 rt� at arty- o€nt or paints:of quest3nn uJ€Shin tF a pians and contract opu mems oc.spec€rioat€aits = ; Copes of the Piens ane!Spec€t eat€o is afe bn fde at 1 City Clerks Office Grty of san Juah Captstrano s cc i i?aseo I Certify (Or declare) Under the penalty Of RdelAntoy.san Juan Ga Pistrano Gati€oYn€a'ard � ob lamed at the non tetnabI&bhar o oYS�plus a charge of $10 for aach set,oftPlans�rLo: pe Ifg6at€ane RtalAd Qr perjury under the laws of the State of California mare€ for iat€on^please cgt3aCt Aksha R Pa€el Assoanat ( Eng€neerat(949)��i350 that the foregoing is true and correct": Dated Apnl 22 2099 Executed at Santa Ana, Orange County, California,on Is1 Margaratfi Man�fS�n f AHG.RR1=7'R MOh!}1FIANGITY CL. .. ....... C€TY OF Sp€y 1UAPf`.CAPJ3TRAN..O Date: April 30,2009 OFANOE00UlMCAL1FORld1A Pulil€sh,c:apistrone valley News'A.3rd.30,20Q9 SD66462 Signature Capistrano Valley News 625 N.Grand Ave, Santa Ana,CA 92701 (714)796-2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE" TO ACCOUNT NO: 0041125000 FOR PUBLICATION ON: APRIL 30, 2009 MAY 7, 2009 DOCUMENT TO BE PUBLISHED NOTICE INVITING BIDS — CAMINO CAPISTRANOIDEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) PROOF OF PUBLICATION: Please fax to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053 telephone (949) 493-1171 o` AUTHORIZED BY: } �. Is wa g r t R. Mon4hlan DATE. April 22, 2009 Date of Bid Opening - 05/20/2009 Date(s) notice published - 04/30/200 I - 05/07/200 Date affidavit received - Date notice posted in - 04/30/200 designated posting places NOTICE INVITING BIDS CAMINO CAPISTRANOIDFL. OBISPO STREET INTERSECTION IMPROVEMENTS (CIP .) Notice is hereby given that sealed bids for the Camino Capistrano/Del Obispo Street Intersection Improvements (CIP 111) will be received at the office of the City Clerk of the City of San Juan Capistrano, California, until 2 p.m. on Wednesday, May 20, 2009 at which time they will be opened and read aloud. Prospective bidders are invited to attend a pre-bid conference at 10:00 a.m. on the 6th day of May 2009, in the City Council Chambers. At that time the contractor shall have the opportunity for clarification of interpretation of any point or points of question within the plans and contract documents or specifications. Copies of the Plans and Specifications are on file at the City Clerk's Office, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California, and may be obtained at the non-refundable charge of $50 plus a charge of $10 for each set of Plans and Specifications mailed. For more information, please contact Nisha A. Patel, Associate Engineer at (949) 443-6350. Dated: April 22, 2009 MARGA - . NAHAN, C Ty CLERK CITY OF SAN J AN CAPISToR O ORANGE COUNTY, CALIFORNIA CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS(CIP 111) NOTICE INVITING BIDS Public notice is hereby given that the City of San Juan Capistrano will,pp to 2:00 .m., on the 20t11 day of May 2009,receive sealed proposals or bids for IMPROVEMENT PLANS FOR DEL OBISPO CAMNO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS(CIP 1.11) in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction 2006 Edition, including all Supplements therefor, on file in the office of the City Clerk of the City of San Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the City Clerk's Office, San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will.be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a bid proposal in response to this bid package must first purchase tie bid package. Each proposal or bid must be accompanied by a certified check, cash, cashier's check, or bidder's bond payable to the City of San.Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check, cashier's check or bidder's bond of the successful bidder will be forfeited to the City of Sari;loan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A pre-bid conference is scheduled at 10:00 a.m. on the 6"' day of May 2009, in the City Council Chambers. The contractor shall have the opportunity for clarification or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings, for the City of San Juan Capistrano shall not disseminate any records of the conference. Exclusive ofwritten addenda and this pre-bid conference,the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder,simultaneously with the execution of the contract,will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent(100%)of the contract price. The surety bond company must be selected from among the surety companies set forth in the Standard Specifications. The City Council reserves the right to reject any and all.bids received and to compare the relative merits of the respective bids and to choose that, which in the opinion of the City of San Juan. Capistrano, will best serve the interests or needs of the City of San Juan Capistrano. 1 A time limit of ninety 90 calendar days from the date of the Notice to Proceed has been set for the completion of the work; and one hundred twenty (120) calendar days thereafter for landscape maintenance and plant establishment. BIDDERS ARE HEREBY NOTIFIED THAT,pursuant to the Labor Code of the State of California, co 'res of the pLevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party on request. Copies of plans and specifications are on file in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of$50,non-refundable,is required for obtaining each set of plans and specifications. There will be a $10 charge for postage and handling on all plans and specifications mailed. Each bidder shall state the California Contractor's License Number and Classification of such bidder so bidding, as no bid will.be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and publish d by orIdeo C until members ofthe City ofSan 3uan Capistrano and is dated this �` day coy C .El CI =y-P1 JUAN ISTRANO ORANGE UNTY, �.IFORNIA 2 a M c � as FirstAxnerican a� 5 First American Way, VE Santa Ana CA 92707 Orange 3 oz J�jj I �II(l !iIII� I �II!�i !IIi�Il1�1[ ��I� �1��I[� I�II�II(flE TraIns mittar j, "M'tai * 0 1 0 0 0 7 0 8 5 0 2 3 0 Z 5 2 4 4 5 � Order No:179544 11/17/2009 City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 Enclosed please find 2 attached documents. First American Title Insurance Company National Commercial Services Page Count 9 ..ALTA Qwner's Pali cy(6-17-06) ........... ` Policy Nurrrber: 179544 11aa�azPasasao IM OWNER'S POLICY OF 'T'I'TLE INSURANCE ISSUED BY ~`! First American Title Insurance Company " Any notice of claim and any other notice or statement in writingrequired to be . eq given to the Company under this policy must be r given to the Company at the address shown in Section 18 of the Conditions, ' �4 COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS police power not covered by Covered Risk 5 if a notice of the FROM COVERAGE CONTAINED IN SCHEDULE B AND THE enforcement action, describing any part of the Land, is recorded CONDITIONS, FIRST AMERICAN 'TITLE INSURANCE COMPANY, a in the Public Records, but only to the extent of the enforcement 10 , California corporation (the "Company") insures, as of Date of Policy referred to in that notice. and, to the extent stated in Covered Risks 9 and Ip, after Date of 7. The exercise of the rights of eminent domain if a notice of the Policy, against loss or damage, not exceeding the Amount of exercise, describing any part of the Land, is recorded in the Insurance,sustained or incurred by the Insured by reason of; Public Records, I. Title being vested other than as stated in Schedule A. 8, Any taking by a governmental body that has occurred and is 2. Any defect in or lien or encumbrance on the Title. This Covered binding on the rights of a purchaser for value without knowledge, ` Risk includes but is not limited to insurance against loss from 9. Title being vested other than as stated in Schedule A or being (a) A defect in the Title caused by defective (i) forgery, fraud, undue influence, duress, incompetency, (a) as a result of the avoidance in whole or in part, or from a a incapacity,or impersonation; court order providing an alternative remedy, of a transfer of (it) failure of any person or Entity to have authorizers a all or any part of the title to or any interest in the Land ' transfer or conveyance; occurring prior to the transaction vesting Title as shown in (ill) a document affecting Title not property created, Schedule A because that prior transfer constituted a E executed,witnessed,sealed,acknowledged, notarized,or fraudulent or preferential transfer under federal bankruptcy, delivered; state insolvency,or similar creditors'rights laws;or (N) failure to perform those acts necessary to create a (b) because the instrument of transfer vesting Title as shown in ' document by electronic means authorized by law; Schedule A constitutes a preferential transfer under federal (v) a document executed under a falsified, expired, or bankruptcy, state insolvency, or similar creditors'rights laws otherwise invalid power of attorney; by reason of the failure of its recording in the Public Records (vi) a document not properly filed, recorded, or indexed in (i) to be timely,or k .i ib the Public Records including failure to perform those acts (ii) to impart notice of its existence to a purchaser for value , by electronic means authorized by law;or or to a judgment or lien creditor. (vii)a defective judicial or administrative proceeding. 10. Any defect in or lien or encumbrance on the Title or other matter (b) The lien of real estate taxes or assessments imposed on the included in Covered Risks I through 9 that has been created or f" Title by a governmental authority due or payable,but unpaid. attached or has been filed or recorded in the Public Records (c) Any encroachment, encumbrance, violation, variation, or subsequent to Date of Policy and prior to the recording of the . adverse circumstance affecting the Title that would be deed or other instrument of transfer in the Public Records that " N disclosed by an accurate and complete land survey of the vests Title as shown in Schedule A. Land, The term "encroachment" includes encroachments of l existing improvements located on the Land onto adjoining The Company will also pay the costs, attorneys' fees, and expenses . land, and encroachments onto the Land of existing incurred in defense of any matter insured against by this policy, but improvements located on adjoining land. only to the extent provided in the Conditions, 3. Unmarketable Title. ' A. No right of access to and from the land. Fh-st-Ameefcan rifle Insurance,Company 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; R 41 (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land;or ro (d) environmental protections if a notice, describing any part of the Land, is recorded in the 4 Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to 4 in that notice. €. > 4 5. An enforcement action based on the exercise of a governmental 3 gyp... Form No, 1402.06 Policy Page 2 ALTA Owner's Policy(6-17-06) Policy Number: 179544 EXCLUSIONS FROM COVERAGE (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights The following matters are expressly excluded from the coverage of this policy,and and defenses as to any successor that the Company would have had the Company will not pay loss or damage,costs,attorneys'fees,or expenses that against any predecessor Insured. arise by reason of: (e) "Insured Claimant":An Insured claiming loss or damage. 1. (a) Any taw,ordinance, permit, or governmental regulation (including those (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge relating to building and zoning) restricting, regulating, prohibiting, or or notice that may be imputed to an Insured by reason of the Public relating to Records or any other records that impart constructive notice of matters (i) the occupancy,use,or enjoyment of the Land; affecting the Title. (k)the character,dimensions,or location of any improvement erected on (g) "Land":The land described in Schedule A, and affixed improvements that the Land; b law Constitute real property,y p perty. "i'he term "Land" does not include any (iii) the subdivision of land;or property beyond the lines of the area described in Schedule A, nor any (iv) environmental protection; right, title, interest, estate, or easement in abutting streets, roads, or the effect of any viofation of these laws, ordinances, or governmental avenues, alleys, lanes, ways, or waterways, but this does not modify or regulations.This Exclusion 1(a)does not modify or limit the coverage provided limit the extent that a right of access to and from the Land is insured by under Covered Risk S. this policy. (b) Any governmental police power.This Exclusion 1(b) does not modify or (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security limit the coverage provided under Covered Risk 6. instrument, including one evidenced by electronic means authorized by 2. Rights of eminent domain. This Exclusion does not modify or limit the taw, coverage provided under Covered Risk 7 or 8. (i) "Public Records": Records established under state statutes at Date of 3. Defects,liens,encumbrances,adverse claims,or other matters Policy for the purpose of imparting constructive notice of matters relating (a) created,suffered,assumed,or agreed to by the Insured Claimant; to real property to purchasers for value and without Knowledge. With (b) not Known to the Company,not recorded in the Public Records at Date of respect to Covered Risk 5(d), "Public Records" shall also include Policy,but Known to the Insured Claimant and not disclosed in writing to environmental protection liens filed in the records of the clerk of the the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located. Claimant became an Insured under this policy; (j) `Title":The estate or interest described in Schedule A. (c) resulting in no lass or damage to the Insured Ctaimant; (k) "Unmarketable Title":Title affected by an alleged or apparent matter that (d) attaching or created subsequent to mate of Policy(however,this does not would permit a prospective purchaser or lessee of the Title or lender on modify or limit the coverage provided under Covered Risks 9 and 10);or the Title to be released from the obligation to purchase, lease,or lend if (e) resulting in loss or damage that would not have been sustained if the there is a contractual condition requiring the delivery of marketable title. Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy,state insolvency, 2. CONTINUATION OF INSURANCE or similar creditors'rights laws,that the transaction vesting the Title as shown The coverage of this policy shall continue in force as of Date of Policy in favor in Schedule A,is of an Insured, but only so long as the Insured retains an estate or interest in the (a) a fraudulent conveyance or fraudulent transfer;or Land, or holds an obligation secured by a purchase money Mortgage given by a (b) a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as the Insured shall have liability by policy reason of warranties in any transfer or conveyance of the Title.This policy shall not 5. Any lien on the Title for real estate taxes or assessments imposed by continue in force in favor of any purchaser from the Insured of either(i)an estate governmental authority and created or attaching between Date of Policy and or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage the date of recording of the deed or other instrument of transfer in the Public given to the Insured. Records that vests Title as shown in Schedule A. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT CONDITIONS The Insured shalt notify the Company promptly in writing (i) in case of any 1. DEFINMON OF TERMS litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge The following terms when used in this policy mean: shall come to an Insured hereunder of any claim of title or interest that is adverse (a) "Amount of Insurance": The amount stated in Schedule A, as may be to the Title, as insured, and that might cause loss or damage for which the increased or decreased by endorsement to this policy, increased by Company may be liable by virtue of this policy, or(iii) if the Title, as insured, is Section 8(b),or decreased by Sections 10 and 11 of these Conditions, rejected as Unmarketable Title. If the Company is prejudiced by the failure of the (b) "Date of Policy":The date designated as"Date of Policy"in Schedule A. Insured Claimant to provide prompt notice,the Company's liability to the Insured (c) "Entity": A corporation, partnership, trust, limited liability company, or Claimant under the policy shall be reduced to the extent of the prejudice, other similar legal entity. (d) "Insured":The Insured named in Schedule A. 4. PROOF OF LOSS (i) The term"Insured"also includes In the event the Company is unable to determine the amount of toss or (A) successors to the Title of the Insured by operation of law as damage, the Company may, at its option, require as a condition of payment that distinguished from purchase,including heirs,devisees,survivors, the Insured Claimant furnish a signed proof of loss.The proof of loss must describe personal representatives,or next of kin; the defect, lien, encumbrance, or other matter insured against by this policy that (B) successors to an Insured by dissolution, merger, consolidation, constitutes the basis of loss or damage and shall state,to the extent possible, the distribution,or reorganization; basis of calculating the amount of the loss or damage. (C) successors to an Insured by its conversion to another kind of Entity; S. DEFENSE AND PROSECUTION OF ACTIONS (D) a grantee of an Insured under a deed delivered without (a) upon written request by the Insured,and subject to the options contained payment of actual valuable consideration conveying the Title in Section 7 of these Conditions,the Company,at its own cost and without (1) if the stock, shares, memberships, or other equity interests unreasonable delay, shall provide for the defense of an Insured in of the grantee are whoity-owned by the named Insured, litigation in which any third party asserts a claim covered by this policy (2) if the grantee wholly owns the named Insured, adverse to the Insured. This obligation is limited to only those stated (3) if the grantee is wholly-owned by an affiliated Entity of the causes of action alleging matters insured against by this policy. The named Insured, provided the affiliated Entity and the Company shall have the right to select counsel of its choice(subject to the named Insured are both wholly-owned by the same person right of the Insured to object for reasonable cause) to represent the or Entity,or Insured as to those stated causes of action.It shall not be liable for and (4) if the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel.The Company will not pay any by a written instrument established by the Insured named fees, costs, or expenses incurred by the Insured in the defense of those in Schedule A for estate planning purposes. causes of action that allege matters not insured against by this policy, (b) The Company shall have the right,in addition to the options contained in First American T'stle Insurance Company Form No. 1402.06 Policy Page 3 ALTA Owner's Policy(6-17-06) Policy Number: 179544 Section 7 of these Conditions,at its own cost,to institute and prosecute attorneys'fees,and expenses incurred by the Insured Claimant that were any action or proceeding or to do any other act that in its opinion may be authorized by the Company up to the time of payment and that the necessary or desirable to establish the Title,as insured,or to prevent or Company is obligated to pay, reduce loss or damage to the Insured. The Company may take any Upon the exercise by the Company of either of the options provided for in appropriate action under the terms of this policy, whether or not it shall subsections(b)(i)or(i€), the Company's obligations to the Insured under this be liable to the Insured. The exercise of these rights shall not be an policy for the claimed loss or damage,other than the payments required to be admission of liability or waiver of any provision of this policy. If the made,shall terminate,including any liability or obligation to defend,prosecute, Company exercises its rights under this subsection, it must do so or continue any litigation. diligently. (c) Whenever the Company brings an action or asserts a defense as required 8. DETERMINATION AND EXTENT OF LIABILITY or permitted by this policy, the Company may pursue the litigation to a This policy is a contract of indemnity against actual monetary loss or damage final determination by a court of competent jurisdiction, and it expressly sustained or incurred by the Insured Claimant who has suffered loss or damage by reserves the right, in its sole discretion, to appeal any adverse judgment reason of matters insured against by this policy. or order. (a) The extent of liability of the Company for toss or damage under this policy shall not exceed the lesser of 6» DUTY OF INSURED CLAIMANT TO COOPERATE (i) the Amount of Insurance;or (a) In all cases where this policy permits or requires the Company to (ii) the difference between the value of the TiUe as insured and the value prosecute or provide for the defense of any action or proceeding and any of the Title subject to the risk insured against by this policy. appeals, the Insured shall secure to the Company the right to so (b) If the Company pursues its rights under Section 5 of these Conditions and prosecute or provide defense in the action or proceeding, including the is unsuccessfu€in establishing the Title,as insured, right to use, at its option, the name of the Insured for this purpose. (i) the Amount of Insurance shall be increased by 10%,and Whenever requested by the Company, the Insured, at the Company's (fi) the Insured Claimant shall have the right to have the loss or damage expense, shall give the Company all reasonable aid (i) in securing determined either as of the date the claim was made by the Insured evidence, obtaining witnesses, prosecuting or defending the action or Claimant or as of the date it is settled and paid, proceeding,or effecting settlement,and(€i)in any other lawful act that in (c) in addition to the extent of liability under(a)and(b), the Company will the opinion of the Company may be necessary or desirable to establish also pay those costs,attorneys'fees,and expenses incurred in accordance the Title or any other matter as insured.If the Company is prejudiced by with Sections 5 and 7 of these Conditions. the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, % LIMITATION OF LIABILITY including any liability or obligation to defend, prosecute,or continue any (a) If the Company establishes the Title,or removes the alleged defect,lien, litigation, with regard to the matter or matters requiring such or encumbrance, or cures the lack of a right of access to or from the cooperation. Land, or cures the claim of Unmarketable Title, all as insured, in a (b) The Company may reasonably require the Insured Claimant to submit to reasonably diligent manner by any method, including litigation and the examination under oath by any authorized representative of the Company completion of any appeals, it shall have fully performed its obligations and to produce for examination, inspection, and copying, at such with respect to that matter and shall not be liable for any loss or damage reasonable times and places as may be designated by the authorized caused to the Insured, representative of the Company, all records, in whatever medium (b) In the event of any litigation, including litigation by the Company or with maintained, including books, ledgers, checks, memoranda, the Company's consent, the Company shall have no liablity for loss or correspondence, reports, e-mails, disks, tapes, and videos whether damage until there has been a final determination by a court of bearing a date before or after Date of Policy, that reasonably pertain to competent jurisdiction,and disposition of all appeals,adverse to the Title, the loss or damage, Further, if requested by any authorized as insured. representative of the Company, the Insured Claimant shall grant its (c) The Company shall not be liable for loss or damage to the Insured for permission, in writing, for any authorized representative of the Company liability voluntarily assumed by the Insured in settling any claim or suit to examine, .inspect, and copy all of these records in the custody or without the prior written consent of the Company. control of a third party that reasonably pertain to the loss or damage.All information designated as confidential by the Insured Claimant provided 1.0. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF to the Company pursuant to this Section shall not be disclosed to others LIABILITY unless,in the reasonable judgment of The Company,it is necessary in the All payments under this policy, except payments made for costs, attorneys' administration of the claim.Failure of the Insured Claimant to submit for fees, and expenses, shall reduce the Amount of Insurance by the amount of the examination under oath, produce any reasonably requested information, payment. or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or 11. LIABILITY NONCUMULATIVE governmental regulation, shall terminate any liability of the Company The Amount or Insurance shall be reduced by any amount the Company pays under this policy as to that claim. under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed 7, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or lien on the Title,and OF LIABILITY the amount so paid shall be deemed a payment to the Insured under this poficy. In case of a claim under this policy, the Company shall have the following additional options: 12. PAYMENT OF LOSS (a) To Pay or Tender Payment of the Amount of Insurance. When liability and the extent of loss or damage have been definitely fixed in To pay or tender payment of the Amount of Insurance under this policy accordance with these Conditions,the payment shalf be made within 30 days. together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT payment or tender of payment and that the Company is obligated to pay. (a) Whenever the Company shall have settled and paid a claim under this Upon the exercise by the Company of this option, all liability and policy, it shall be subrogated and entitled to the rights of the Insured obligations of the Company to the Insured under this policy,other than to Claimant in the Title and all other rights and remedies in respect to the make the payment required in this subsection, shall terminate, including claim that the Insured Claimant has against any person or property,to the any liability or obligation to defend,prosecute,or continue any litigation. extent of the amount of any loss, costs, attorneys' fees, and expenses (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With paid by the Company.If requested by the Company,the Insured Claimant the Insured Claimant, shall execute documents to evidence the transfer to the Company of these (i) To pay or otherwise settle with other parties for or in the name of an rights and remedies. The Insured Claimant shall permit the Company to Insured Claimant any claim insured against under this policy. In sue, compromise, or settle in the name of the Insured Claimant and to addition, the Company will pay any costs, attorneys' fees, and use the name of the Insured Claimant in any transaction or litigation expenses incurred by the Insured Claimant that were authorized by involving these rights and remedies. the Company up to the time of payment and that the Company is If a payment on account of a claim does not fully cover the loss of the obligated to pay;or Insured Claimant, the Company shall defer the exercise of its right to (ii) To pay or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss, damage provided for under this policy, together with any costs, First American Title Insurance Company Form No. 1402.06 Policy Page 4 ALTA Owner's Policy(6-I7-06) Policy Number: 179544 (b) The Company's right of subrogation includes the rights of the Insured to (d) Each endorsement to this policy issued at any time is made a part of this indemnities, guaranties, other policies of insurance, or bonds, policy and is subject to all of its terms and provisions. Except as the notwithstanding any terms or conditions contained in those instruments endorsement expressly states, it does not(i)modify any of the terms and that address subrogation rights, provisions of the policy,(ii)modify any prior endorsement,(iii)extend the 14. ARBITRATION Date of Policy,or(iv)increase the Amount of Insurance. Either the Company or the Insured may demand that the claim or controversy 16. SEVERABILITY shall be submitter)to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this policy, in whole or in part, is held invalid or the American Land Title Association ("Rules"), Except as provided in the Rules, unenforceable under applicable law,the policy shall be deemed not to include that there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be invalid,but all other provisions shalt remain in full persons.Arbitrable matters may include,but are not limited to,any controversy or force and effect. claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy 17. CHOICE OF LAW;FORUM provision,or to any other controversy or claim arising out of the transaction giving (a) Choice of Law:The Insured acknowledges the Company has underwritten rise to this policy. Alf arbitrable matters when the Amount of Insurance is the risks covered by this policy and determined the premium charged $2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests in real property and Insured. All arbitrable matters when the Amount of Insurance is in excess of applicable to the interpretation, rights, remedies, or enforcement of $2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title insurance of the jurisdiction where the Land is located. Insured. Arbitration pursuant to this policy and under the Ruies shall be binding Therefore,the court or an arbitrator shall apply the law of the jurisdiction upon the parties,Judgment upon the award rendered by the Arbitrator(s) may be where the Land is located to determine the validity of claims against the entered in any court of competent jurisdiction. Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law, (a) This policy together with all endorsements, if any, attached to it by the (b) Choice of Forum: Any fltigation or other proceeding brought by the Company is the entire policy and contract between the Insured and the Insured against the Company must be filed only in a state or federal court Company. In interpreting any provision of this policy, this policy shall be within the United States of America or its territories having appropriate construed as a whole, jurisdiction. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. I& NOTICES,WHERE SENT (c) Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be authenticated by an authorized person, or expressly incorporated by given to the Company under this policy must be given to the Company at I First Schedule A of this policy. American Way,Santa Ana,CA 92707,Attn:Claims Department, POLICY OF TITLE INSURANCE m First American Title Insurance Company Farm No. 1402.06 Policy Page 5 ALTA Owner's Policy(6-17-06) Policy Number: 179544 ECHE®ULE A First American Title Insurance Company Name and Address of Title Insurance Company: First American Title Insurance Company 5 First American Way Santa Ana, CA 92707 File No.: NCS-179544-SA1 Policy No.: 179544 Address Reference: 31873 Del Obispo Street, San Juan Capistrano, CA 92675 Amount of Insurance: $39,000.00 Premium: $360.00 Date of Policy: November 13, 2009 at 1:57 P.M. 1. Name of Insured: The City of San Juan Capistrano, California, a California Municipal Corporation and general law city duly created and existing under the laws of the State of California 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: The City of San Juan Capistrano, California, a California Municipal Corporation and general law city duly created and existing under the laws of the State of California 4. The Land referred to in this policy is described as follows: Real property in the City of San Juan Capistrano, County of Orange, State of California, described as follows: That portion of Lot 31 of Tract No. 103, in the City of San Juan Capistrano, County of Orange, State of California, as shown on map filed in Book 11 Pages 26 through 33, inclusive, of Miscellaneous Maps, Records of said Orange County, bounded as follows: Northeasterly by Southwesterly line of Parcel 1 of Parcel Map No. 89-434, as filed in Book 255 Pages 36-37 of Parcel Maps, Records of said County; Westerly by the easterly line (and it's southerly prolongation) of Parcel Map No. 87-367, filed in Book 230 Pages 41 through 43, inclusive, of Parcel Maps, Records of said County; Southerly by the Westerly prolongation of that certain course in the Southerly line of said Parcel 1 of Parcel map No. 89-434 shown as "N 89 degrees 00' 00" W 6.12' " on said Map. APN: 668-242-02 First American Title Insurance Company Farre No. 1402.06 Policy Page 6 ALTA Owner's Policy(6-17-06) Policy Number: 179544 SCHEDULE B File No,: NCS-179544-SA1 Policy No.: 179544 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Part One: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the Public Records. Part Two: 1. General and special taxes and assessments for the fiscal year 2009-2010, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Water rights, claims or title to water, whether or not shown by the public records. 4. The rights and right of way conveyed to Capistrano Water Company by deed recorded July 12, 1901 in Book 71, Page 49 of Deeds. 5. The terms and provisions contained in the document entitled "Easement Agreement" recorded August 30, 1960 in Book 5397, Page .231 and recorded December 31, 1964 in Book 7367, Page 831, both of Official Records. By and between Herbert T. Stroachein and Hazel G. Stroachein and Herman C. Treff and Hazel R.Treff. First American Title Insurance Company Form No. 1402.06 Policy Page 7 ALTA Owner's Policy(6-17-06) Policy Number: 179544 6. Ar! easement for ingress and egress over that portion of Lot 31 of Tract No. 103 in the City of San Juan Capistrano, County of Orange, State of California, as per map recorded in Book 11, Page 29 to 33 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, included within a strip of land 1.0.00 feet in width, the Southeasterly line of which is described as follows: Beginning at the most Northerly corner of Lot 33 of Tract; thence South 47 deg. 00" East 713.81 feet to the true point of beginning; thence North 40 deg. 26' 00" East 137.90 feet to a point North 40 deg. 26' 00" East 10.00 feet from the Southwest line of the Southeasterly prolongation thereof, of the land described in Parcel 2 of the deed to Paul N. Yorba and wife, recorded May 13, 1946 in Book 1406, Page 674 of Official Records. Also a non-exclusive easement for ingress and egress, for road purposes to be used in common with others, over the Southwesterly 20 feet of Parcel 1, as granted to Bette J. Strubel, an unmarried woman, by deed recorded July 1, 1964, in Book 7112, Page 445, Official Records. 7. An easement for street, highway and incidental.purposes in the document recorded January 9, 1968 in Book 8487, Page 842 of Official Records. 8. An easement for public utilities and incidental purposes in the document recorded November 27, 1968 in Book 8800, Page 426 of Official Records. 9. An easement for street and highway purposes and incidental purposes, recorded November 17, 1970 in Book 9462, Page 178 of Official Records, In Favor of: The City of San Juan Capistrano Affects: Said Land 10. A sublease dated December 12, 1972, executed by Seaside Ranchos, a California corporation as sublessor and Continental Holding Corporation, a California corporation as sublessee, recorded April 25, 1973 in Book 10661, Page 105 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 11. Any restrictions covering the future use of said land, as disclosed by a "Statement for a Redevelopment Project", recorded as Instrument No. 83-301250 of Official Records, covering the herein described and other land. 12. An unrecorded lease dated January 11, 1988, executed by Seaside Ranchos as lessor and Pay Less Drug Store Northwest, Inc as lessee, as disclosed by a Memorandum of Lease recorded March 15, 1988 as Instrument No. 88-115924 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 13. An easement for public utilities and incidental purposes, recorded August 29, 1990 as Instrument No. 90-461366 of Official Records. In Favor of: San Diego Gas and Electric Affects: A portion of the land 14. An unrecorded lease dated August 1, 1994, executed by Seaside Ranchos, a California corporation as lessor and Boston Pacific.Inc., a California corporation as lessee, as disclosed by a Short Form of Lease recorded February 15, 1995 as Instrument No. 95-0063656 of Official Records. First American Trtle Insurance Company Form No. 1402.06 Policy Page 8 ALTA owner's Policy(6-17-06) Policy Number; 174544 Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 15. Rights of parties in possession. First American Title Insurance Company 3`3NVUG 3II AINIU7 S373&IJ N1 MAOH5 1-9��'tp-(3I"Z'ltr-9�1`lb-F31 'W`d OZ 39Vd 999 )100G 6Y39WN 73.7uvd 11-99'$1-Z1`bt-tS Y9 d dM73 Vd dvsY S,tI055 55V 8 �3ti79 S,teQss3551 - 310N 'JNI F£ Dl 6Z-11 '39'11 ©N I'myl 1161 NJ?ii✓iY LO a6-� V•P S 'ON 1)vul N1ltssin i-ONYH1SIdVO q CtN11Yt�? �� T ,• rr-ora Yra' r a roi 9%1 Yra .:9 yd�7azr1y st �► � �r £i r ws W8 5b� If "d'Yd 4 r 07 xtiwrQ SO! ON j .ur trSp � .vrac 4 e s�'-SFS Yl"d �h sr �i 71Yd � r•term H io tF 11)Y 7,iM .uz 5i �aLf-�4 il"d;tea g l� . 9t`trz6 1s a /i N f' �r errs zv� 6 !� a t 71rd Zi .. f p ` 4r $I80 � m sr f'c •.Jr \ [[nn or--69 r2t 04�� �r9 oz) eiej rt dtY Yrd AM,•Q ' tXJd z y ^\_� � �r 1rz i�Ts�r 6ssi. •, L LZ-� �¢ .:<•u" ~ N .aw O l:l y �J f Nrd s�` y� JY iZ5'iF b %0 ii � 'tl OOOd tNISS3SSr A1NY703 3�17rt10 1H�lNAdQJ tS O �I THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY.NO LIABILITY a3�rr3s3r s83HIO 7Yr Alt7lemi73ANYB L�ssr m3AJrlfl733v�I 4J 14w IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN.PARCELS MAY NOT o! sr 331Nrfrrm ox s3Mrlr dom5Sr 3Ni H [ 7-899 COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 'AW SM&OW 'td30 Wro 53SSr AJAM,' V E� 7JMYdO Un1 F3UVd3dd SY1 dM Sifff i) @ ',17S 'bl1 AIS 'b/t MC rb/t #At 'Mn,4 In ffi k - � o Bid Opening Report Bids Opened Mai 20, 2009 at 2:00 p.m. Project Title Camino Capistrano/Del Obipso Street intersection Improvements CIF' 111 Project Engineer Nisha Patel, Assoc. Eng Pre Bid Estimate $ $724,630,00 Bidder Bid Amount Bid Bond/Addenda? Jr T) Construction Mgmnt Group $ 11111crest Contracting $ 2. 3 7Y wc J EBS Inc. $ 3. ci& S6/ cle All.. American Asphalt 4. 1,6 Y, 00 6 r �5-�/ ql�- O-X) 5j - c-" Engi-neorino , Inc . 6. 7. 8. Sign i Date cc: City Clerk Staff(3) Project Department(3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed, Bid Opening Report Bids Opened May 20, 2009 _ _ at 2:00 p.m. Project Title Camino Capistrano/Del Obi so Street Intersection Improvements CIP 111 Project Engineer Nisha Patel, Assoc. End Pre Bid Estimate $ $724,630.00 Bidder Bid Amount Bid Bond/Addenda? ,IM. S. Construction Mgmnt Group $ �tL7 s o,� Hillcrest Contracting _. Hyl W7 REBS Inc . - J�--' r c All American Asphalt $ 00 ' -- 5I . C. E Engineering, Inc . $ �U SCJ a0 V 7. / a P d SignBate cc: City Clerk Staff(3) Project Department (3) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. JC FP-3 contain the shiny by placing"straw bales,sandbags,or gravel dams around the inlets. After the liquid drains or evaporates,shovel or vacuum the slurry residue from the pavement or gutter and remove frau site, Merna#ivvely,a small can-site vacuum may be used to pick up the spry as this will prohibit slurry from reaching storm drain inlets. Patching, Resurfacing, ✓pre-heat,transfer or bad hot bituminous material away from storm drain and Surface Sealing inlets. Apply mete,asphalt,and seal coat during dry weather to allow the matte to adequately dry prior to a rain event ✓Where appficable,cover and seal each nearby or appropriate stem drain Intel with waterproof material,plastic or mesh)and maintenance holes before applying seal coat,starry seat,etc Leave covers in place until job is complete and until all water from emulsified oil sealants has drained or evaporated. Clean any debris from coven man holes and storm drain "when the job is complete. ✓ Use only as much water as necessary for dust control,to avoid runoff. ✓Catch drips from paving equipment that is not in use with pans or absorbent material placed under the machines. Dispose of collected material and absorbents property. ✓Prior to a rain event or at the completion of a project,sweep the project area by hand or with a street sweeper, Equipment Cleaning, ✓Clean equipment including sprayers,sprayer paint supply lines, patch and Maintenance, and Storage paving equipment,and mudjadang equipment at the end of each day. If Also see Equipment Re ir& equipment can be cleaned and materials reapplied at the job site,do so in Pa compliance with the laws and regulations.Clean in a sink or other area(e.g, Maintenance procedure street vehicle wash area)that is connected to the sanitary sewer. ✓If refueling or repairing vehicles and equipment roust be done on-site, 4 Note:Permission conduct the activity away from storm drain inlets and watercourses. must be obtained for V Place drip pans or absorbent materials under heavy equipment when not in any discharge of use. wash iy ser tower the ✓Clean paint brushes and tools covered with water-based paints in sinks sanitary sewer from p ' the local seweting connected to sanitary sewers.Brushes and tools covered with non-water- based paints,finishes,or other materials trust be cleaned in a manner that enables collection of used solvents(e.g., paint thinner,turpentine, etc.)for recycling or proper disposal. SJC FP-3 Roads Streets and Highways OM.doc 4 2113103 JG FP-3 In ad rr to fide Procaedt M above, mvi&# and apply general Rcedures ocdfined for V" Corwrucdon actives whin c;anduc ft street:roan and ray MP-*and rnabdenanoe acuvifies. I Bridge and Structure Maintenance Painting and Paint ✓Transport paint and materials to and from job sites in containers with secure Removal rids and tied down to the transport vehicle. ✓Do not hnsdef or load paint near stain drain Mets or watercourses. ✓"Gest and inspect spray equipment prior to starting to Paint. Tighten all hoses and caonrectiorts and do not overfl paint container. ✓If sand blasting is used to remove paint;carver nearby storm drain inlets prior to starting work. ✓If the bridge crosses a watercourse,perforin work on a maintenance traveler or piattorm,or use suspended netting or tarps to capture paint,nrst,paint removing agents,or other materials,to prevent discharge of materials to surface waters. If sanding,use a sander with a vacuum fitter bag. ✓Recycle paint when passible(e.g.paint may be used for graffiti removal activities). Dispose of paint at an appropriate household hazardous waste WIRY. ✓See SO Control procedure sheet for guidance on the proper cleanup of paint spills. Graffiti Removal ✓Avoid graffiti abatement activities during rain events. ✓Protect nearby storm drain inlets prior to removing graffiti from walls,signs, sidewalks,or other structures needing graffill abatement. Clean up afterwards by sweeping or vacuuming thoroughly,andfor by using absorbent and properly disposing of the absorbent. ✓Note that care should be taken when disposing of waste since it may need to be disposed of as hazardous waste. ✓When gratfdi is removed by painting over,implement the procedures under Painting and Paint Removal above. ✓Direct runoff from sand blasting and high pressure washing(with no cleaning agents)into a landscaped or dirt area. ✓If a graffiti abatement method generates wash water containing a cleaning compound(such as high pressure washing with a cleaning compound),plug nearby storm drains and collect wash water and dispose of property. SJC FP-3 Roads streets and Higt ys QM.doc 5 2ft3103 SJC PP-3 Guardrail and Peace ✓When cleaning guardr*or fences follow the methods(depending on the appropriate surface cleaning Repair type of surface)Domed in the Sidewalk,Plaza, and Fountain Maintenatrce and Cleaning Procedure sheet. ✓if Peng is conducted,fo'm the Painting and Part Removaf Procedures above. ✓if graffiti removal is wed,foliaw the Graffiti Remove procedures above. ✓if construction takes place;see the procedure sheet for Mirror Constrrlction. ✓Recycle materials whenever possible. LIMITATIONS: Limitations related to street sweeping may include high equipment c Dsts,the potential Inability to restrict parking in urban areas,the need for sweeper operator training, the inabW of current sweeper technology to remove off and grease,and the lack of scientific evidence regarding the expected levels of pollutant removal. REFERENCES: Model Urban Runoff Program.A How-To Guide for Devefapfng Urban Runoff P Prepared by City of Maniere engrams far Small Munfcfpaflfres National Marine Sanctuary,Assoda0bn of Monterey BayArea Governments, Woodward-%de,a Coastal ©CeMtraltCoa erey Regional Wafer Quality Coni d Board. July. 199& Oregon Association of Clean Water Agencies. Oregon Municipal Stornmater Toolbox f June 1998. or Maintenance Practices. Santa Clara Valley urban Runoff Pollution Prevention Program. 3997 Urban Runoff Management Flan. September 1997, updated October 2000. SJC FP-3 Roads SUeets and Highways()M.doc 6 2113[(13 APPENDIX B TREE REMOVAL PERMIT APPLICATION CITY OF SAN JUAN CAPISTRANO . For City staff J&e 0V* Planning Department Case File# Date subrrritted: 32400 Paseo Adelanto 'SRP San Juan Capistrano,CA 92675 (949)443-6331 Pro3eet Manager Applicatilm received by www."uancapistrano.ory $27 fee ❑ PC$162 fee ❑ Receipt# Section 9-2.349 of tt�e Gty's Mtu ccipal Code reydtates tt� removal of tis over 6"!indiameter measur d 3 y must consider.to allow rees measuring in diameter requre Planning Department review and action.which 1-2 weeks, Trees measuring 24"or greater in diameter require Planning Commie i review and action which may take filofn 1 to 2 montihs. Property Owner m. Phone: .F Property Address E-mail: Agent/Representative Pune: Mailing Address E-mail: City/state/zip 0 s _ � s T B w Please check any of the boxes below that apply to your tree: Q The condition of existing tree with respect to disease, Whether the project site pian has been designed to preserve general health,and their ability to be preserved ❑ the maxtrnurn number of existing trees on the site �t>se Preservatr shalt take ttte tt r ora:�rng af _0 �atut facr� ��d►�el��� ���� The topography of the property and the effect the tree ❑ removal will have on erosion,sod retention and the ❑ Possible f Aure hazards to traffic,pedestrians,general diversion or increased runoff public,or property if the tree is preserved ❑ y"rlats�at�e tafiacadn, r Wall,etc or t arrtl�ffae safe ri nursat coed an existr fr�e: ® The health of the tree and the likely remaining life of the The interests of the City in the protection and awr"vation tree,if preserved © of trees and other irreplaceable natural resources from Pollution,intparhts,or destruction Tree Removal Permit Application-Page 1 In the space below, provide a site plan showing property lines,xstreets, buildings, driveways, slopes, fence s/walls, and all trees (over 6 inches diameter) subject to this permiit. Label the tree(s) proposed for removal by indicating the common name&diameter, 4. ffiAl v I hereby certify that all information contained in this application is true and correct; and that IL arra the legal property owner or the authorized agent/representative of the property owner. I understand that the City may require that I retain a professional arborist to determine the condition of the trees) and preservation alternatives. I hereby grant the City auOxdty to enter onto the property to conduct an inspection of the tree(s), and agree to provide safe access to the property by ensuring that any gates are unlodced, if applicable, and remove any dogs or other pets from the area to be inspected. Property Owner's or Authorized Agent's Signature (if applicable) HOA President or Property Manager(print name and signature) For staff use On/y Inspection Dates Re-Inspection Date; Approved ❑ Denied ❑ Condition(s): Signature: Date: TREE REMOVAL. PERMITS EXPIRE SIX MONTHS FROM THE DATE OF APPROVAL Tree Removal PermK A{s}4mtjon-Page 2 APPENDIX C DEL OBISPO STREET NORTHERN SIDE DESIGN, STATION 26+88 TO STATION 27+36 f f i — v m _.. CD CD cel _ F _ Ln — - r- N N Cal 0- Ln .. rn DO 7 [I U u Il SCALE: �) N --if CY_ E) Ln + > � � » � r � Cl- + Z 0cla . _._ �"--=-____--_._.______�__�_�__._4_-----_.4 _E: 1"=20' Jam" 27+00 —�---- — f DEE 09fSRO STRET7T4- - APPENDIX D SAN JUAN CAPISTRANO DOWNTOWN LIGHTING PROGRAM PHASE If PLAN DETAILS DS-46 PAYMENT Payment for Install Landscaping shall be at the contract lump sum price and shall be considered full compensation for ftimishing all labor, materials, tools, equipment and incidentals necessary to construct river rock paving, install imported topsoil, landscape material, trees, shrubs and groundcovers and other associated work as described herein and no additional compensation shall be allowed therefor. BID ITEM 37—INSTALL IRRIGATION SYSTEM This bid items shall consist of furnishing and installing the irrigation system as indicated on the irrigation plans, installation details and these Special Provisions. The workmanship and materials for this item shall conform to Sections 212 and 308 of the Standard Specifications, the applicable Standard Plan of the Orange County Environmental Management Agency, and these Special Provisions. PART 1 GENERAL 1.1 Scope Provide all labor, materials, equipment, and services necessary to furnish and install Irrigation System as shown on the irrigation plans and described herein, including, but not limited to, the following: 1. Modification of existing irrigation system(s) 2. Testing and record drawings 1.2 Code Requirements: Secure all permits and licenses necessary for the work. Give all notices and comply with all laws,ordinances,rules and regulations concerning the installation of the sprinkler system as specified. 1.3 Site Conditions A. Before excavating for sprinkler lines, locate all underground utility lines so that proper precautions may be taken to avoid damage to such utilities. In the event of a conflict between underground lines, promptly notify the City, who will arrange for the relocation of one or the other. Failure to follow this procedure places the responsibility upon the Contractor for making any and all repairs for damage of any kind at his own expense. B. Provide necessary safeguards and exercise caution against injury or defacement of any existing site improvements. Contractor shall be responsible for any damage resulting from his operations, and shall repair or replace such damage at his own DS-32 expense. No trucks or vehicles of any kind shall be allowed to pass over sidewalks, curbs, etc., unless adequate protection is provided. 1.4 Materials List Submit to the City for its approval one original copy of descriptive literature of all materials and equipment including manufacturer's name and catalog number, to he furnished and installed under this contract within 30 days after the award of the contract. 1.5 Record Drawings & Charts A. Record data before covering,on the blue line prints. Those prints shall be delivered to the City at the time of the installation inspection. Dimensions shall locate main line, lateral lines, quick coupling valves, plugged ends, stubs, and shall be triangulated to permanent and easily identified objects. Do not dimension from plants, trees or sprinkler heads. Record drawings shall be reviewed prior to all progress payment approvals. B. Charts. The Contractor shall prepare and submit to the City a chart showing the valves and sprinkler heads serviced by that particular controller. All valves shall be numbered to match the operation schedule and the drawings. Only those areas controlled by that controller shall be shown. This chart shall be an entire sprinkler plot plan,including curbs,walks,roads,and utility structures. An 1.1 x 17 photostatic print of this plan shall be made. This print shall be approved by the Engineer and shall be hermetically sealed in plastic. C. The City may invoice and charge the Contractor for all labor in excess of reasonable and normal labor for excavating and finding pipe,fittings and valves due to errors or omissions by the Contractor in recording data at any time subsequent to the acceptance of the work. 1.6 Manuals & Tools A. burnish two(2)sets of service manuals. Manuals maybe loose-leaf binders and shall contain complete exploded drawings of all equipment installed showing components and catalog numbers and price lists together with the manufacturer's name and address. B. Items to be Furnished by Contractor. Provide the following tools as a part of this contract. 1. Two sets of electronic activation key for automatic controller. 2. Two sets of keys for lock on controller. 3. One coupler for quick coupler valves, coupler shall be equipped with 20mm (3/4") diameter 300mm. (12") tall bronze hose bib, bent-nose type, with handwheel. 4. Two loose keys for quick coupler valve installed under this contract. US-33 5. Two special wrenches suitable for operating each type of shut-off valve installed under this contract. 6. Two tools for disassembly and assembly or adjustment of each type equipment used in this installation requiring such special tools. 7. One valve box key for lock-lid valve boxes used in this installation. 8. One specified padlock with keys for each controller enclosure, as approved by the City. 1.7 Guarantee A. A letter guarantee from each manufacturer shall be submitted to the Agency guaranteeing materials for a period of 1 year against material defects and workmanship. In cases where longer guarantees are required by these Specifications, such guarantees are separate and distinct from the Contractor's general guarantee. B. The irrigation system shall be guaranteed for a period of one year from the date of acceptance against all defects in material and workmanship. C. Should trouble develop within the year of guarantee due to poor workmanship or defective material,corrections shall promptly be made by the Contractor, expense,to the satisfaction of the City D. Any damage to paving, planting or other developments due to settlement of improperly compacted trench soil, shall also be promptly repaired at Contractor's expense, to the satisfaction of the City 1.8 Inspections A. At the completion of the installation,and prior to the installation of planting material, a check inspection shall be made to check the overall coverage of the system by the contractor and the City. B. The irrigation system shall be checked out thoroughly and completely within five(5) days prior to the final inspection. All heads shall be properly aligned and adjusted for coverage and cleared of any foreign materials. C. At the end of the landscape maintenance period, a final inspection shall be made by the City and Contractor. 1.9 Tests A. All tests shall be made in the presence of the Construction Inspector. At least 48 hours notice shall be given for tests. DS-34 B. Testing of irrigation lines- Lines normally under pressure shall be tested as follows: 1. Flush Main Lines - Flushing of the lines will be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily) to exhaust flushing water up and out of the trenches. No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap and move progressively toward the end of the line with only one open port flushing at any one time. 2. Each system may be tested as a unit or in sections, as directed by the Construction Inspector but each installation shall successfully meet the requirements specified herein before acceptance. 3. Center load pipe with small amount of backfill to prevent arching and whipping under pressure. Leave fitings exposed for inspection during pressure test. No waste will be permitted in the pipe until the above has been accomplished and a period of at least 24 hours has elapsed for solvent weld setting and curing. 4. Main Lines: Pressure tests on main lines shall be made after lines have been flushed and after control valves and quick coupling valves are set in place. Close all control valves by hand. Pipes shall be center loaded leaving all fittings exposed. Contractor shall furnish force pump and pressure gauges necessary to complete pressure tests. 5. Pipe: All metal main lines in the system shall be capped and pressure tested at 125 psi (860 Kpa) for a period of 1 hour with no drop in pressure. All Ieaks found shall be corrected by turning the pipe in the fittings as no caulking or epoxy fillers will be permitted. 6. Plastic Pipe: All plastic main lines in the system shall be capped and pressure tested at 125 psi (860 Kpa) for a period of I hour with no drop in pressure. All leaks found shall be corrected by removing the leaking pipe or fittings and installing new material in place thereof and retesting. C. Closing in Uninspected Work-The Contractor shall not allow nor cause any of this work to be covered or enclosed until it has been inspected,tested and approved by the Engineer. Should any of this work be enclosed or covered before such inspection and test, the Contractor shall uncover the work at his own expense and after it has been inspected,tested and approved,shall make all repairs with like materials necessary to restore all his work and that of the other contractors to its original condition. 1.10 Clean-Ute A. Upon completion of the work, clean up all boxes, wrappings, excess materials, equipment, and other rubbish resulting from this work, and leave the premises in a clean, neat and orderly condition. DS-35 PART 2—PRODUCTS 2.I Pine A. Risers and fittings for backflow prevention device shall be red brass, standard weight. B. Wipe and Fittings 1. Plastic pipe 3/ inch (20mm) through I%2 inches (40mm) shall be PVC 1120, Schedule 40 solvent welded pipe. Pipe for reclaimed water systems shall be purple pigmented and marked "Reclaimed Water." 2. Plastic pipe 2 inches (50mm) and over shall be PVC 1120, Class 315 solvent welded pipe. 3. All pipe sleeving; shall be PVC 1120, Schedule 40 solvent welded pipe. a) All plastic pipe shall be new normal impact rigid polyvinyl chloride(PVC) 1220 or 1120 pipe extruded from 100 percent virgin materials. All pipe O.D. sizing shall be done in conformance with AWWA iron pipe sizing (I.P.S.). All pipe shall be National Sanitation Foundation approved. b) Pipe shall be homogenous throughout, free from visible cracks, holes, blisters, dents, wrinkles, die and heat marks, and foreign materials. c) Continuously and permanently mark pipe with manufacturer's name or trademark, kind and size pipe, material, manufacturer's lot number, schedule, or Class and NSF seal of approval. d) The physical specifications of the Society of Plastic Industries for each type of pipe used shall be deemed and construed as a part of this Specification. e) Pipe dating shall be done in conjunction with records held by the manufacturer for 2 years, covering quality control tests, raw material batch numbers, and any other information required by the manufacturer. f) Nominal pipe sizes in I.P.S. and Metric shall be as shown in the table below: Iron Pipe Size Metric Standard Diameter (I.P.S.) Nominal (D.N.) %2'r 15 mm 20 mill 1" 25 mm DS-35 Iron Pipe Size Metric Standard Diameter (I.P.S.) Nominal (D.N.) 1'/" 32 mm I%" 40 mm 2" 50 mm 21/2" 65 mm 311 75 mm 4" 100 mm 6" 150 mm 4. Swing joints shall be as detailed on the drawings. Swing joints and all fittings shall be same pipe size as sprinkler body inlet. Pressure pipe risers and fittings shall be PVC Schedule 80. 5. Solvent weld fittings shall be PVC manufacture, heavy wall and of the IPS solvent welded types, Schedule 40. Fittings containing threads shall be Schedule 80. 6. Primer and solvent cement shall be of the type and make approved by the pipe manufacturer for use on its pipe. Unless noted otherwise by manufacturer, primer shall meet ASTM F-656, and cement shall meet ASTM D-2564. 2.2 Quick Coupling Valves Quick coupling valves shall be the size and type as specified on the drawings. 2.3 Sprinkler Head Assembly Sprinkler heads shall be as specified on the drawings. 2.4 Shut-Off Valves Shut-off valve valves shall be the size and type as specified on the drawings. 2.5 Backflow Device Backflow prevention device shall be the size and type as specified on the drawings. 2.6 W e Filter Assembly Wye filter shall be the sire and type as specified on the drawings. Locate wye strainer and in separate valve box,downstream from backflow prevention device. 2.7 Remote Control Valve Remote control valve shall be the size and type as specified on the drawings. DS-37 2.8 Controller Assembl Automatic controller assembly shall be as specified on the drawings. 2.9 Rain Sensor Rain sensor shall be as specified on the drawings 2.10 Valve Boxes 1. Shut-Off Valve. A round plastic box (10" diameter) with bolt-down cover as specified on the drawings. 2. Remote control valves. Provide rectangular plastic box(10"x 17")with bolt-down cover as specified on the drawings. 2.11 Conduit and Conductors Conduit shall be PVC 1120, Schedule 40 solvent welded pipe. Conduit shall be a minimum size as shown in the-table below: Conduit Size Maximum Number of Wires (#14 AWG) 15mm ('/2") 2 20m(3/") 4 25mm (1") 6 32mm (1%") 10 40mM (1'/z") 14 50mm (2") 25 2.12 Low Voltage Conductors Pilot lines and common wire connecting remote control valves to automatic controller shall be direct burial,U.F.type with approved 4/64-inch thick waterproof coating,600 volt,75 degrees centigrade, copper single-strand wire,U.L. approved. Wire size shall be#14 AWG or greater. All "pilot" wires shall be black color. All "common" wires shall be white color. 2.13 Wire Splicing All wiring shall be continuous, soldered and encapsulated in epoxy-filled Rain Bird "Snap- Tite" containers or 3M "Scotchlok" containers, at connections to remote control valves. DS-38 PART 3 EXECUTION 3.1 Excavation Excavations shall be open vertical construction sufficiently wide to provide free working space around the work installed and to provide ample space for backfilling and tamping. Trenches for pipe shall be cut to required grade lines, and compacted to provide an accurate grade and uniform bearing for the full length of pipe. When two pipes are to be placed in the same trench, it is required to maintain a 6- inch space between pipe as a minimum Depth of cover for pipe lines and control wire as follows: Type of Piping Minimum De th of Cover Supply lines to control and quick coupling valves 18-inches Sprinkler laterals to sprinkler heads 12-inches Control Wire(24V AC) 18-inches Minor variation found necessary during the progress of the work to conform to actual conditions shall be made without additional cost to the City. 3.2 Backfilling A. Backfill shall not be placed until the installed sprinkler irrigation system has been inspected and approved by the Construction Inspector. B. Backfilling material shall be approved soil, free from large rocks. In general, the material removed from excavation may be used except in cases where rock is encountered. In such cases, the rocky material shall be removed from the site and suitable fill material, as approved by the City, obtained for backfill. C. The top 6-inches of trenches shall be backfilled with topsoil only. D. Backfill shall follow excavation with the least possible delay. Open trench shall be adequately protected to cause the least possible hazard to and interference with the general public. E. Backfill from the bottom of the trench to a plane at least 6-inches above the top of the pipe shall proceed evenly on both sides of the pipe and shall be tamped thoroughly, except that heavy equipment shall not be used within 18-inches of the pipe. Flooding to obtain compaction may be approved by the City, provided the soil is of proper character. F. Surplus earth remaining after backfilling shall be legally disposed of off the premises as directed by the Construction Inspector. DS-39 G. Where excavating or "jacking„ is required under asphalt paving, sidewalks, roads, etc., care shall be taken in backfilling, tamping, and inundating with water. 3.3 PVC Pipe and Fittings Solvent Weld A. Plastic materials shall be carefully handled and stored under cover to avoid damage. Beds on which plastic materials are transported or stored must be full length of pipe to avoid damage. Any damaged or dented pipe shall not be used in the work. B. Trenches shall be accurately trimmed for uniform bed free from racks,clods,or other sharp edged objects. Pressure lines hall receive 18-inches of cover from finish grade to top of pipe. Non-pressure lines shall receive 12-inches of cover. C. PVC pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the pipe manufacturer. All vertical changes of. direction made with fittings shall not exceed 45 degrees except at valve and head riser(no 90 degree fittings). D. PVC pipe and fittings shall be solvent welded using primer and solvents as recommended by the manufacturer of the pipe, except where screwed on ring-tite connections are required. Pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before application of primer and solvent with a non-synthetic bristle brush in the following sequence. I. Apply an even coat of primer to outside of pipe, then to inside of fittings and then re-apply a light coat to outside of pipe, making sure that coated area of pipe is equal to full depth of fitting socket. 2. Apply solvent in the same manner and insert pipe quickly into fitting and turn approximately'/turn to distribute solvent and remove air bubbles; check tees and ells for correct position. 3. Use a clean rag and wipe off excess solvent. All.welded joints shall cure at least 15 minutes before being moved or handled and at least 24-hours before water is pennitted into the pipe. No solvent cans opened one day shall be used on the following day. 3.4 Irrigation Equipment Irrigation equipment specified the drawings including sprinkler heads shall be installed per irrigation plans and details. PAYMENT Payment for Install Irrigation System, a complete system., shall be at the lump sum price and shall include all labor,materials,excavation,trenching,boring,connections,wiring,tools,equipment and incidentals necessary to furnish and install the irrigation system as shown on the plans and to modify the existing private (commercial properties outside the public-right-of-way) irrigation system as required and no additional compensation shall be made. DS-40 BID ITEM 38— 120-DAY LANDSCAPE MAINTENANCE AND PLANT ESTABLISHMENT A. Contractor shall continuously maintain all areas included in the contract during progress of the work, the maintenance period, and until final acceptance of the work. B. If plantings are not acceptable at the end of the 120-day maintenance period for the entire work,due to defective maintenance,the maintenance shall be continued by the Contractor until all work meets the specifications and can be approved. C. Maintenance shall include continuous operations of watering, weeding, mowing, rolling, trimming,edging,cultivating,fertilizing,spraying,insect and pest control,seeding,and/or other operations necessary to assure good normal growth. D. The entire project shall be maintained for a period of 120-days,commencing from the time all planting work has been completed to the satisfaction of the City. E. During the installation period and maintenance, the contractor shall be responsible for maintaining adequate protection for all areas. Any damaged plantings shall be repaired at the contractor's expense. F. At the termination of the maintenance period all plantings shall be live, healthy, undamaged, and free of infestations. Inferior plantings shall be replaced and brought to a satisfactory condition before final acceptance of the work will be made. PAYMENT The lump sura price for 120-Day Landscape Maintenance and Plant Establishment shall include all labor,materials,tools and equipment necessary to maintain all areas and provide plant establishment and no additional compensation will be allowed therfor. BID ITEM 39 ALTERNATE —CONSTRUCT CONCRETE SIDEWALK This work shall consist of famishing,placing and finishing 4"thick concrete sidewalk as shown on the plans and in accordance with the City of San Juan Capistrano Standard Plan No. 331. The construction of sidewalks shall conform to Section 303-5 of the Standard Specifications. PAYMENT The unit price per square foot for Construct Concrete Sidewalk shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals to accomplish the work as specified herein including tree wells and no additional compensation shall be made therefor. DS-4l BID ITEM 40 ALTERNATE —CONSTRUCT COLORED AND STAMPED CONCRETE SIDEWALK This work shall consist of famishing,placing and finishing 4"thick colored and stamped concrete sidewalk as shown on the plans and in accordance with the City of San Juan Capistrano Standard Plan No. 331. The construction of sidewalks shall conform to Section 303-5 of the Standard Specifications. Concrete color and pattern will be as designated by the Engineer. The concrete coloring shall be an integral admixture coloring with an associative colored hardener by Scofield or approved equal. Contractor shall provide a 4' x 4' colored concrete sample subsequent to color specification by the Engineer no less than 2 weeks prior to beginning work. PAYMENT The contract unit price per square foot for Construct Colored and Stamped Concrete Sidewalk shall be considered full compensation for furnishing all labor,materials,tools,equipment and incidentals to accomplish the work as specified herein including tree wells and no additional compensation will be allowed therefor. DS-42 APPENDIX A FP-3 ROADS, STREETS, AND HIGHWAYS OPERATION AND MAINTENANCE 4 oCity of San Juan Capistrano FP-3 ROADS, STREETS, AND HIGHWAYS OPERATION AND MAINTENANCE Streets, roads, and highways are significant sources of pollutants in storm water discharges, and operation and maintenance (O&M) practices, if not conducted properly, can contribute to the problem. The attached BMPs are recommended to be used on an as needed and an a case by case basis. Some BMP might not appfy,in. certain situations and will not be used. The provided BMPs are potential measures that could be used, individually or collectively, as the situation requires,and as determined by staff. O&M practices may involve one or more of the following activities: 1. Sweeping &Cleaning 2. Street Repair& Maintenance 3. Bridge and Structure Maintenance Streets, roads,and highways are significant sources of pollutants in storm water discharges, and operation and maintenance (O&M) practices, if not conducted properly, can contribute to the problem. O&M practices may involve one or more of the following activities: Pollution prevention measures that should be consider and the minimum required and optional model procedures for each performance standard are provided below. POLLUTION PREVENTION: Pollution prevention measures have been considered and incorporated in the model procedures. implementation of these measures may be more effective and reduce or eliminate the need to implement other more complicated or costly procedures. Possible pollution prevention measure for roads,streets,and highways operation and maintenance include: • Use the least toxic materials available(e.g.water based paints,gels or sprays for grafffi removal) • Recycle paint and other materials whenever possible. • Once per year,educate municipal staff on pollution prevention measures. SJC FP-3 Roads Streets and Highways Okdoc 1 2113103 JC FP -3 MODEL PROCEDURES: 1. Sweeping & Cleaning , Sweeping f=requency and v."Maintain a consistent sweeping schedule. Provide minimum monthly sweeping Timing of streets. ✓Perform street cleaning during dry weather if possMe: ✓Avoid wet cleaning or flushing of streets,and utilize dry methods where passible. ✓d flushing of a street is absolutely necessary,sweep and remove debris before flushing. Cao not let wash water enter storm drain inlets. Collect wash water and direct to a dirt or vegetated area,pump into a vau m truck and dispose of properly. Equipment Operation and ✓Maintain cleaning equipment in good working condition and purchase Selection replacement equipment as needed. Old sweepers should be replaced as needed with new technologically advanced sweepers(preferably regenerative air 4 Note:Permission sweepers)that maximize pollutant removal. must be obtained for ✓Operate sweepers at manufacturer requested optimal speed levels to increase any discharge of effectiveness. wash water to the sanitary sewer from ✓Runoff from sweeper wash rack cannot drain directly to the storm drain Me focal severing ✓Clean sweepers at a wash rack that drains to the sanitary sewer. The wash rack agency, area should be covered and bermed and wash water should drain to a clarifier prior to entering the sanitary sewer,or use other acceptable BMPs as appropriate to prevent wash water from draining into the storm drain ✓Regularly inspect vehicles and equipment for leaks,and repair immediately. Management of Material ✓Dispose of street sweeping debris and dirt at a landfill. Removed by Sweeping ✓Do not store swept material along the side of the street or near a storm drain inlet. 4 Note:Permission ✓if dewatering of saturated materials is necessary it should be conducted in a must be obtained for any discharge of designated area away from storm drain inlets and the water contained for proper disposal. wash seater to the sanitary sewer from ✓If authorized by the local sanitation agency,water may be discharged to the the local sewering sanitary sewer only after passing through a clarifier. As an alternative, agency. dewatering can be conducted in a containment area in which saturated materials are placed on a tarp and allowed to dry. Dry debris is then disposed of properly. ✓Keep debris storage to a minimum during the wet season or make sure debris piles are contained(e:g.by berming the area)or covered(e.g.with tarps or permanent covers). 5JC FFP-3 Roads Streets and Highways OR+l.doc 2 2113103 JC FP-3 Maximize Access for ✓Properly maintain and operate eq*nent;which will increase of idency. Sweepers ✓Sweeping should be conducted as dose to the curb line as passible. 2. Repair and Maintenance Pavement Marking ✓Develop paint handling POCedUreS for proper use,storage,and disposal of paints. ✓Transfer and load paint and.hot thenrhopiastic away from storm drain inlets. ✓Street or hand sweep therrnoplasfic grirhd`rmgs. Yellow thermoplastic gnndinp rnay reWffe sly hand'uhg as they may contain lead. ✓Replace paints containing lead and tn'bu#yitin with less toxic alternatives. ✓Use water based paints. Clean application equipment in a sink that is connected to the sanitary sewer. ✓Properly store leftover paints if they are to be kept for the next job,or dispose of property. ✓See SPt CoWrol procedura sheet for guidance on the proper cleanup of paint spas. Concrete installation and ✓Avoid mixing excess amounts of fresh concrete or cement mortar on-site. Repair Only mix what is needed for the job. ✓Wash concrete trucks off site or in designated areas on site,such that there is no discharge of concrete wash water into storm drain inlets,open ditches, streets,or other stor mwater conveyance structures. ✓Store concrete materials under cover,away from drainage areas. ✓Return leftover materials to the transit mixer. Dispose of small amounts of hardened excess concrete,grout,and mortar in the trash. ✓Do not wash sweepings from exposed aggregate concrete into the street or storm drain. Collect and return sweepings to aggregate base stockpile,or dispose in time trash. ✓When washing poured concrete areas to remove fine particles and expose the aggregate,contain the wash water for proper disposal;do not discharge water to the storm drain system. ✓Do not allow excess concrete to be dumped on-site, except in designated areas. ✓Apply concrete,asphalt+and seal coat during dry weather to allow the material to adequately dry prior to a rain event. ✓When making saw cuts in pavement,use as little water as possible and perform during dry weather. Cover each nearby or appropriate storm drain inlet completely with filter fabric or plastic during the sawing operation and SJC FP-3 Roads Streets and Highwgs QM.doc 3 2113103 The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters.. Special features, components, or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor= driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. EMERGENCY VEHICLE PRE-EMPTION A complete, functioning, 3M Opticom emergency vehicle pre-emption system, or approved equal, shall be furnished and installed by the Contractor. The transmitting equipment is not included in this contract. At locations where emergency vehicle pre-emption detectors are not to be installed, the detector cable shall be installed in conduit between the controller cabinet and the pull box adjacent to the traffic signal pole. Sufficient cable shall be provided for installation of cable to the optical detector. Excess cable shall be coiled in the pull box adjacent to the traffic signal pole. Emergency vehicle pre-emption.equipment to be furnished and installed or provided shall include: 1. 3M Model 711 optical detector for each approach, as shown.on the plans. 2. 3M Model 752 rack mounted phase selectors in the controller assembly,sufficient for the operation indicated on the plans. 3. 3M Model 138 detector cable. The optical detector shall be mounted on the indicated traffic signal pole per the manufacturer's recommendation.and as directed by the Engineer. Emergency vehicle pre-emption sequence of operation shall be approved by the City Traffic Engineer, prior to timing and turn-on of each respective traffic signal. It shall be the responsibility of the Contractor that a knowledgeable representative for the manufacturer of the emergency vehicle pre-emption equipment be present for the first day of the traffic signal and lighting function test, to insure proper installation and functioning of the equipment. It shall be the responsibility of the Contractor that the emergency vehicle pre-emption equipment shall be furnished and installed in a complete,operative manner,as intended by the manufacturer and these Special Provisions. The Contractor shall arrange for, and pay the cost of, the services of the controller manufacturer to perform any controller modifications required for the installation or operation of the emergency vehicle pre-eruption equipment. The cost of furnishing and installing the emergency vehicle pre-emption equipment shall be included in the lump sum price paid for said equipment, and no additional compensation shall be allowed therefore. D5-18 OVERHEAD STREET NAME SIGNS All street name sign assemblies shall be approved by the Office of Structures and shall be manufactured in accordance with the following requirements or their equivalent(as approved by the Engineer). All items shall be new with the material and workmanship of the best quality for the purpose. REFLECTIVE SHEETING MATERIAL Reflective sheeting material shall be 3M Diamond Grade for high mounted signs (prismatic lens sheeting). BACKGROUND The background shall be reflective 3M transparent process ink No. 887 (brown). BASE METAL The base metal substrate shall be new sheet aluminum 3003-1414 or 5052-1432. The thickness of all aluminum shall be .050 inches. The materials shall be subject to inspection prior to degreasing and chromate conversion coating operations. Alloy and temper designations shall be verified by mill test certifications. All sign panel edges shall be shear-trimmed or roll-slit to produce neat edges and square corners. Sign panel edges shall be straight within 1132 inch from the straight plane. Edge delamination or incomplete coverage of the base metal substrate up to and coincident with the cut edge of the sign panel shall be sufficient basis for rejection of the entire sign panel. For pretreatment, all treatment tanks and/or spray applied systems must be performed on the sign manufacturer's premises to ensure proper adhesion of reflective sheeting materials. If pretreatment is performed by immersion methods,the tanks must be sufficient size to accommodate the compete panel. Titration equipment shall be available for inspectors to check the solution strengths. The cleaned and coated base metal shall be handled only by a mechanical device or by operators wearing clean cotton or rubber gloves. After cleaning and coating operations, the panels shall be protected at all times from contact or exposure to grease, oils, dust, or other contaminates. The front and back surfaces of the aluminum base metal shall be cleaned,deoxidized,and coated with a light, tightly adherent chromate conversion coating, free of any powdery residue. The base metal pretreatment process shall be in conformance with Section 5,"Recommended Processing Methods"of ASTM Designation B-449. The coating weight shall be(30-100 mg./sq. ft.), A Class 1 coating. SIGN MESSAGE Sign manufacturer shall furnish a design for each sign, to the City, for written approval prior to the manufacture of any sign, including but not limited to): Letter Size: DS-19 8-inch upper case Series C 6-inch lower case Series C Styles: Federal Highway Series Arrows: Border: 1-inch Block Numbers: 3-inch Series C Directories(i.e., City .Hall, Post Office, etc.): 4-inch upper case Series C 3-inch lower case Series C "NO OUTLET": 3-inch upper case Series C Or as deemed necessary by the City. The sign manufacturer has the option of applied or reverse/direct silk screened. SIGN FRAME AND PANEL CONSTRUCTION The frame shall be aluminum channel extrusion, 1.25 inches x 1.25 inches x.125 inch thickness,alloy 6063-T5. All joints of the aluminum channel shall be meter cut to form a 45 degree angle at each corner. The frame shall be welded with an inert gas shielded arc welding process using 4043 electrode filler wire in accordance with good shop practices. The width of the filler wire shall be equal to the wall thickness of the channel being welded. The top of the frame will have two 2-inch x 2-inch x.250-inch wall thickness channel members welded and fastened to the frame with stainless steel bolt,washer,ny-lock nuts and cotter pins. An adjustable swing assembly will be attached to these members. A sign panel shall be fastened to both sides of the channel frame to make a double-faced unit. Each sign panel must be a continuous sheet with no vertical or horizontal splices to make up one panel. The sign panels shall be affixed to the frame with 3/16 inch diameter blind pop rivets alloy 5052. They must be aluminum approved. The exposed face of the rivet shall be of similar shade and compatible with the face color of the finished sign. The rivets shall be placed through the face of the sign with the wall of the channel placed against the back of the sign panel. Rivets shall be placed no closer than 1/2 inch from the edge of the sign panel and a minimum of 8 inches apart from one another. All rivets must penetrate the web of the channel frame for proper grip strength between sign panel and frame. The swing hinge is attached to the 2-inch x 2-inch channel member with a 114-inch stainless steel bolt DS-20 and bronze bushing,then secured with a ny-lock nut. MOUNTING ASSEMBLIES The top of the sign frame shall have two free swinging mounting brackets. They shall be of all aluminum;bronze,or stainless steel parts. Each of the swing brackets shall be adjustable vertically for leveling the sign. The bracket assembly shall permit the full assembly to swing perpendicular to the support hardware. The hardware used to attach the sign and swing assembly to the mast arm shall be a three-piece telescoping design. Its minimum adjustable range shall be from at least(but no greater than) 12 inches to at least (but not less than) 28 inches, on a maximum of I inch increments (without additional adapters required). Each inside tube shall fit firmly within the outer and slide smoothly. Safety tabs shall be located on the ends of each tube so as to not allow the tubes to completely separate from each other during shipping or installation. Tubing design shall be of a design and made of materials to meet any and all structural standards (to provide a life expectancy of 50 years under worst case weather conditions) determined by the State of California for the construction of traffic signals and their appurtenances. When the installation of the assembly to the mast arm is complete,the assembly should swing freely 90 degrees in both directions(when moved by the installer)without any binding or hindrance felt so that the assembly will move freely under normal weather conditions. FINISHED SIGNS The finished sign shall be flat within a ratio of 0.04 inches per linear foot when measured across the plane of each panel from opposite corners or at any location on the panel. All finished signs shall have a smooth flat surface without defects or objectionable marks of any kind on either the front or the back faces. All letters and designs shall be clearly cut and sharply defined. The appearance of the sign face shall be uniform throughout and shall be free of wrinkles, gel, hand spots, streaks, extrusion marks, air bubbles,or blemishes that may impair the serviceability or detract from the general appearance or color matching of the sign when viewed from a distance of twenty-five (25)feet. The finished sign shall be clean and free from all burrs, sharp edges, loose rivets, aluminum marks. INSPECTION The sign manufacturer shall maintain and, on request, provide the City with records of any and all testing and their results and coating process, including (but not limited to) alloy verification, pretreatment, adhesive identification; and processing temperatures for each production lot. INSTALLATION Installation of each sign assembly shall be per the sign manufacturer's specifications and all Caltrans standards. Any deviations(without prior written approval by the Engineer)shall because for rejection. DS-21 PACKAGING Packaging trust be in accordance with the sheeting manufacturer's specifications. All signs shall be packaged in such a manner to ensure delivery in perfect condition and shall be suitably protected for proper shipment and storage until installation of the assembly. ACCEPTANCE Signs with any defects or damage that affects their appearance and/or serviceability in accordance with any standard above will not be accepted by the City. Any replacement shall be installed prior to acceptance of the project by the City. PAYMENT The traffic signal installation shall be complete. Notwithstanding discrepancies,or incompleteness or inaccuracies between the state Standard Specifications,these Special Provisions and the Plans,it shall be the responsibility of the Contractor to provide and install the proper and necessary quantities of items to result in a complete, workable, and fully operating traffic signal and lighting installation. The lump sutra prices bid for Traffic Signal Modification(Camino Capistrano/Del Obispo Street)and Emergency Vehicle Preemption (Plaza Drive/Camino Capistano) shall include all labor, materials, tools, equipment, incidentals, poles, foundations, painting, controller installation, cable, conduit, hardware,and appurtenances including interconnect conduit with pull rope and pull boxes as shown on the construction plans,directional boring,loop detectors,and testing,necessary to install complete and in full operation the traffic signal as specified, and no additional compensation shall be made. BID ITEM 35—TRAFFIC SIGNING AND STRIPING Signing and striping installation and payment therefore shall conform to the provisions in Section 84, "Traffic Stripes and Pavement Markings" and Section 85 "Pavement Markers", of the Standard Specifications and Standard Plans of the State of California,Department of Transportation,dated May 2006, hereinafter referred to as State Standard Plans and State Standard Specifications, California Manual of Uniform Traffic Control Devices (CA MUTCD) dated September 26, 2006 and these special provisions. Signing and Striping work is to be performed at the following location: DEL OBISPO STREET FROM 200' WEST OF LOS RIOS STREET TO a00' EAST OF PLAZA STREET CAMINO CAPISTANO FROM DEL OBISPO STREET TO 600' NORTH CAMINO CAPISTRANO FROM DEL OBISPO STREET TO THE SOUTH AS REQUIRED DUE TO THE SEAL COAT WORK DS-22 REMOVE PAVEMENT STRIPES,MARKINGS,AND RAISED PAVEMENT MARKERS When wet sandblasting or grinding is used, street shall be swept clean of all material/debris immediately after completion of pavement marking(s) removal or at the end of the work day (whichever is first)and hauled off at Contractor's expense. This expense shall be included in the lump sum bid price. Traffic stripes shall be removed before any change is made in the traffic pattern and before painting new stripes and markings. Where wet sandblasting or grinding is used for the removal of traffic stripes and pavement markings or for removal of objectionable material,and such removal operation is being performed within ten feet of a lane occupied by public traffic,the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Removal of existing striping, markings and pavement markers not shown on the plans but required prior to seal coat work shall be at the direction of the Engineer in the field. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Subsection 7-10, "Public Convenience and Safety" of the Standard Specifications for Public Works Construction. INSTALL PAVEMENT STRIPES,MARKINGS,AND RAISED PAVEMENT MARKERS The Contractor shall furnish and apply traffic stripes and pavement markings shown on the plans or where directed by the Engineer. Placement of striping and markings shall conform to the requirements of section 84-2 "Thermoplastic Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications and these Special Provisions. All traffic striping shall be thermoplastic including crosswalks,arrows and other pavement legends. The installation of traffic stripes includes placement of raised pavement markers when called for on the plans. Adhesive for raised pavement markers shall be per Section 85, "Pavement Markers." Epoxy shall be the Rapid Set type. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 50 feet from the alignment shown on the plans. Prior to use by traffic, the Contractor shall mark, or otherwise delineate, the new traffic lanes after the removal of the existing striping and markings. First application of final striping/markings shall be installed and traffic worthy a minimum of 24 hours prior to signal controller being turned on for City acceptance. No street shall be without the proper striping/delineation overnight or during the weekend. Installation and/or restriping of existing striping, markings and pavement markers not shown on the plans but required following seal coat work shall be at the direction of the Engineer in the field. DS--23 INSTALL ROADSIDE SIGNS Roadside signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the details shown on the plans and the provisions in Section 56-2, "Roadside Signs", of the Standard Specifications. Roadside sign posts shall be 3 lb. steel channel. REMOVE ROADSIDE SIGNS Existing roadside signs,at locations shown on the plans to be removed,shall be salvaged and delivered to the City Maintenance Yard located at 32400 Paseo Adelanto, San Juan Capistrano. Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic,unless otherwise directed by the Engineer. RELOCATE ROADSIDE SIGNS Existing roadside signs shall be removed and installed at new locations shown on the plans. Each roadside sign shall be installed at the new location on the same day said sign is removed from its original location. PAYMENT The lump sutra price for all Traffic Signing and Striping shall include all labor, materials, tools, equipment,and incidentals necessary for accomplishing the work shown on the plans and specified in the Standard Specifications and in these Special Provisions and as directed by the Engineer, and no additional compensation shall be made. BID ITEM 36....INSTALL LANDSCAPING This bid item shall consist of constructing river rock paving, furnishing and installing imported topsoil, shredded wood mulch as top dress, root control barrier, and moisture barrier, and root pruning in areas of new and existing landscaping adjacent to proposed improvements;in addition to furnishing and installation of trees, shrubs and groundcovers in the sizes, quantities and locations shown on the landscaping plans and the Special Provisions including excavation, backfill and fertilizing. The workmanship and materials for this item shall conform to Sections 212 and 308 of the Standard Specifications, the applicable Standard Plan of the Orange County Environmental Management Agency, and these detail specifications. DS--24 PART I GENERAL 1.1 Scope A. Landscape installation work as described above and as shown on the landscape plans. B. Planting work includes, but is not limited to the following: 1. Soil preparation and fine grading. 2. Furnishing and installation of trees. 3. Staking trees. 4. Furnishing and installation of shrubs and groundcovers. S. Maintenance of planting areas for 120-days. 1.2 Verification of Dimensions and Quantities A. All scaled dimensions are approximate. Before proceeding with any work, the contractor shall carefully check and verify all dimensions and quantities and shall inunediately inform the City of any discrepancies between the drawings and/or the specifications and the actual conditions. No work shall be done in any area where there is such discrepancy until approval for same has been given by the City. 1.3 Observation A. All observation herein specified shall be made by the City or City's representative. The contractor shall request observation at least 24 hours in advance of the time observation is required. Observation will be required on the following parts of the work. 1. River rock paving layout/staking. 2. When trees are spotted for planting, before planting holes are excavated. 3. When laying out shrubs and groundcovers with chalk lines. 4. When finished grading has been. completed. 5. When planting and all other indicated or specified work has been completed. b. Final observation at completion of maintenance period. B. The contractor shall be on the project site at the time of each observation. DS-25 1.4 Guarantee A. All trees, shrubs and groundcovers shall be guaranteed to take root and grow within 12 months after final acceptance of planting material,when such plants have received normal care and maintenance.. B. Any trees that die back and lose the form and size as originally specified shall be replaced even though they may have taken root and are growing after the die-back. C. The contractor, within 15-days of written notification by the City, shall remove and replace all guaranteed plants which for any reason fails to meet the requirements of the guarantee. 1. Replacement material and plants shall be to the same specifications as required for the original specifications and all replacements shall be guaranteed as specified for the original guaranteed materials. PART 2 PRODUCTS 2.1 Materials A. Rock Products: 1. Gravel. Pea gravel for irrigation valve box drainage shall have 100 percent passing the 9.5mm (318-inch) sieve and less than 5 percent passing the 2.36mm (No. 8) sieve. 2. River rock/Cobblestone. River rock for river rock paving shall be the size and color as specified on the landscape plans. B. Topsoil: 1. lm orted to soil shall be class A Class A topsoil shall be tested by the contractor for agricultural suitability. The test results from samples taken at the source shall be delivered to the Engineer at least 10-working days prior to anticipated delivery date to the site. Should the proposed source material be unsatisfactory,the Contractor shall locate a suitable material, and shall pay all additional costs for testing. 2. Class C topsoil Class C topsoil shall be tested for agricultural suitability. (3)tests at(3)different locations shall be performed. Exact locations of tests shall be field verified and approved by Engineer. C. Fertilizer and Soil Conditioners: All material shall be first grade analysis,quantity or weight,attached to each sack or container. Delivery certificates shall be given to the inspector as each material is delivered. A list of materials used,together with typical certificates of each material, DS-26 shall be submitted to the City prior to the final acceptance of the job. 1. Mulch for top dressing shall be Type 5 graded fir Nitrolized wood chips, 1 inch to 3 inch in length by 3/8 inch to 5/8 inch in diameter. 2. Fertilizer/Soil Conditioner: Commercial Type The fertilizer/soil conditioner shall be derived from organic materials such as decomposed vegetable and mineral matter, shall be composed,relatively dry, friable, and pass a one-inch sieve; shall not contain poultry, animal or human waste, pathogenic viruses, fly larvae, insecticides, herbicides, fungicides, and poisonous chemicals that would inhibit plant growth, and shall have the following guaranteed chemical analysis:. Ingredient % Minimum Nigrogen 5 Phosphoric Acid 3 Wafter Soluble Potash 1 Humas 50 Humic-Acids 15 Soluble Metallic Iron I Soil Penetrate 1.25 3. Fertilizer Planting Tablets: Shall be 7 grams, 12-8-8, 20% humus, 4% humic acid. D. Trees I. Trees indicated shall be furnished to size,quantities,spacing as indicated or noted for each location and shall be of the species, kind, sizes, etc., as specified on the drawings. a. Quality I) Healthy, shapely, well-rooted, disease and insect free, not deformed or rootbound. 2) Grown in nurseries inspected by the State Department of Agriculture. 3) Free of abrasions, knots, injuries, or disfigurements. 4) Trees not approved to be removed from site immediately and replaced with suitable trees. b. Inspection and approval at nursery required before delivery to site. DS-27 2. Trees in broken containers, or with broken branches or injured trunks will be rejected. E. Stakes and Ties. I. Tree Stakes. Stakes shall be round, 10-fect (3m) long, conically pointed at one end, minimum 2-inch (50mm) diameter. Stake material shall be Lodgepole pine, pressure treated with wood preservative. 2. Tree Ties. Tree ties shall be V.I.T. rubber cinch ties. Wire devices shall not be used. F. Shrubs and Groundcovers 1. Tree materials indicated shall be furnished to size, quantities, spacing as indicated or noted for each location and shall be of the species,kind, sizes, etc., as specified on the drawings. a. Quality 1) Healthy, shapely, well-rooted, disease and insect free, not deformed or rootbound. 2) Grown in nurseries inspected by the State Department of Agriculture. 3) Free of abrasions, injuries, or disfigurements. 4) Plants not approved to be removed from. site immediately and replaced with suitable trees. b. Inspection and approval at nursery required before delivery to site. 2. Plants in broken containers or broken branches will be rejected. G. Landscape Material 1. Filter Cloth. Filter cloth shall be a geo-textile fabric, as specified in Table 213-2.2 (A)of the A.P.W.A. "Greenbook", 2006 Ed., a Type 90N, or Mirafi 140N, Trevira Spunbond S 1115, or equal. 2. Moisture Barrier. Moisture barrier shall be single width sheet flexible PVC or PE membrane of 0.030 mil thickness. 3. Root Control Barrier. (Refer to Section 308-3.2) Root control barrier shall be 24-inches (600mm) wide by 0.080-inches (2mm) thick high impact DS-28 polyethylene or polyproplene sheeting with reinforced double top edge, manufactured for root barrier purposes. Sheeting shall have integrally molded root deflector ribbing and integrally molded joiner strips. Samples. Within 15 calendar days of award of contract, submit one 24-inch by 24-inch(600mm x 600mm)sample of each.item with joining strip or seam and two copies of manufacturer's technical data for approval. PART 3 EXECUTION 3.1 Rock Placement. Rock to be placed in concrete shall be selected for size and shape to appear as "natural" as feasible. Flat and broken faces of rock shall be placed face down. Rock shall be embedded to the extent necessary to secure it in place. 3.2 Topsoil Preparation After Class A and/or C topsoil has been placed and prior to amendment, the topsoil will be sampled and tested by the Contractor to assure compliance with the Specifications and approved testing source. Supplemental tests may be made to assure compliance with amendment and fertilization specifications. All costs associated with testing shall be borne by the Contractor. 3.3 Gradin A. Moisture Content—The soil shall not be worked when moisture content is so great that excess compaction will occur nor when it so dry that dust will form in the air or that colds will not break readily. Water shall be applied if necessary to provide ideal moisture content for filling and for planting as herein specified. B. Preliminary Grading — Shall be done in such a manner as to anticipate the finish grading. Excess soil shall be removed or redistributed before the application of fertilizer and mulch. C. The contractor shall check the site for weed growth prior to grading or disturbance of the soil in planting areas. These areas shall receive an application of contract herbicide per manufacture's recommendations. D. Finish Grading — Shall consist of bringing all ground areas to uniform slopes, meeting grades of installed curbs, paving, etc., and drainage at a two percent (2%) slope unless otherwise indicated on the drawings. The finish grade is the ground surface grade after all loosening, soil conditions, fertilizing and planting has been completed. Ground shall be two-inches below walkways, curbs and headers in planting areas and one-inch below same in lawn areas. DS-29 3.4 Soil Conditioning A. Class A and/or C topsoil shall be amended as recommended by the testing laboratory. Should the amendment recommendations furnished by the laboratory exceed those required by the bidding documents,the laboratory recommendations shall be applied at no additional cost to the Agency. B. All planting areas shall be loosened to a depth of 8-inches. Apply 6 c.y. of bulk humus,200 lbs.of soil conditioner/fertilizer,200 lbs agricultural gypsum and 20 lbs of soil sulfur per 1,000 s.f. and blend with the top 4-inches of soil. C. For tree planting, the following prepared soil mix shall be used for backfill in tree pits: Site Soil 6 parts by volume Wood Shavings 4 parts by volume Soil Conditioner/Fertilizer 15 lbs. per c.y. of mix Thoroughly blend the mix prior to placement. Do not mix in plant pit. D. Trees to be planted before shrub and ground cover planting operations. After all tress have been planted,build good sized basins around each and install a mulch of steer manure. E. During the maintenance period, the contractor shall apply commercial fertilizer/soil conditioner at the rate of 25 lbs.per 1,000 s.f. at the 45th day of maintenance period. One application required. 3.5 Moisture Barrier and Root Control Barrier Installation A. Moisture barrier membrane shall be installed in all median islands, completely surrounding the areas to be irrigated and planted. Membrane shall extend a minimum of 30-inches (760mm) below top of curb. Attach membrane securely and continuously to the back of curb with a mastic adhesive. Lengths of sheeting shall be joined by folded and cemented lap seams, completely waterproof. Furnish two samples of a completed seam to the Engineer for approval prior to start of this work. Seams shall be minimum 4-inches (l 00mrn) wide by width of sheet. B. Install root control at locations as indicated on the landscape plans. Install and join sections in strict accordance withmanufacturer's printed instructions. 3.6 Planting of Trees A_ All materials to be set so that when settled they shall bear the same relation to the finish grades as they bore to the container grade before being transplanted. Dig pits a minimum of 2-112 times the size of the plant container and backfill with prepared soil DS-30 specified in this section. B. Planting Tablets — Shall be placed 6-8 inches deep at the side of root ball at the following rate: 4-tablets per each 1/2-inch calipher(6-inches above soil level). C. If soil settles away from ball of earth around the tree after planting,fill topsoil around same to bring to proper level with finish grades. 3.7 Planting of Shrubs and Ground Cover A. All materials to be set so that when settled they shall be level with finish grade. Dig pits a minimum of 2 times the size of the plant container and backfill with prepared soil specified in this section.. B. After areas have been graded, and soil amendments added as specified, all planted areas shall be raked smooth to remove all rocks larger than two-inches in diameter, lumps, weeds, roots and debris. This material shall be removed from the site. C. Spray area with a contact weed killer. After weeds are dead,remove all dead weeds and grasses and sufficiently moisten around to dissipate any remaining weed killer D. Watering 1. Apply water to all planted areas during operations and thereafter until acceptance of work. 2. Immediately after planting, apply water to each tree by means of the hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 3. Apply water in sufficient quantities, and as 'often as seasonal conditions require to keep the ground and planting moist. 3.8 Clean-Up A. Upon completion of all planting operations,the portion of the project site used forthe apparatus of work shall be cleaned of all debris, superfluous materials and equipment. All such materials and equipment shall be entirely removed from the project site. B. Walks or pavements shall be swept or washed clean upon completion of the work of this section. DS-31 utilities located by contacting the responsible agency at lease 48 hours prior to commencing any construction work. The Contractor's attention is directed to the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the USA by calling 1-800-422-41.33. Other utility phone numbers are noted on Sheet 1 of the plans. Full compensation for conforming to the requirements of this section shall be considered as included in the contract bid prices paid for the various items of work,and no additional compensation will be allowed therefor. SECTION 7 - PROTECTION OF PRIVATE PROPERTY The Contractor must remain within the construction zone to the best of his ability. The Contractor must protect all existing private property. SECTION 8 - CONSTRUCTION ZONE Contractor shall protect property and facilities adjacent to the construction zone,and all property and facilities within the construction zone which are shown on the plans to be protected. After completion of project, the construction zone shall be clean and in a presentable condition. All public- or privately-owned improvements and facilities shall be restored to their original condition and location. In the event improvements of facilities are damaged,they shall be replaced with new materials equal to the original. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, way or parking area during performance of the contract work, and Contractor shall conduct his operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, way or parking areas. The Contractor shall be responsible for investigating conditions of available public and private roads and of clearances,restrictions and other limitations affecting transportation and ingress and egress to the site of the work. SECTION 9 -PRE-CONSTRUCTION COORDINATION MEETING Prior to the commencement of construction, arrangements will be made for a meeting between the Contractor, the Engineer, and involved utility representatives. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor will be required to submit a complete schedule in the attached form showing the number of working days required to complete each phase of the project. This schedule shall be approved by the City Engineer prior to the start of construction. SP-5 SECTION 10---PROJECT SITE MAINTENANCE Water Pollution Control No person shall commence or continue any construction project in the City that causes the disturbance of existing ground by clearing,grading, saw cutting, or excavating without obtaining a permit from the City. The Contractor shall be informed regarding, and shall adhere to, the requirements of the State Water Resources Control Board and the San Diego Regional Water Quality Control Board(RWQCB). All work shall be performed in accordance with: 1. The National Pollutant Discharge Elimination System(NPDES)General Permit for Storm Water Discharges Associated with Construction Activity(General Permit) (when applicable), Water Quality Order 99-08-D WQ,NPDES No. CAS000002 and subsequent modifications,which can be found on the internet at: ht ://www.waterboards.ca.Dov/stormwtr/const]uction.html 2. The Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Water Quality Order No. R9-2002-0001, NPDES NO. CAS0108740; and any subsequent modifications thereof; The following requirements shall apply to all projects undergoing construction in the City. The requirements set forth below shall apply at the time of demolition of an existing structure or construction. 1. The Contractor shall implement of an effective combination of erosion and sediment controls, waste and materials management controls,and other BMPs,as required to minimize transport of pollutants from the site to streets, drainage facilities or adjoining property by wind or runoff, to the maximum extent practicable. If the Engineer determines that the Contractor's measures are not adequate,the Contractor shall provide whatever additional measures are required to achieve compliance. 2. The Contractor shall designate a qualified person who is trained and competent in the use of Best Management Practices(BMP's)and who shall be on the site daily,although not necessarily full time,to evaluate the conditions of the site with respect to storm water pollution prevention. This person shall ensure the implementation of the conditions of the City of San Juan Capistrano, the Contract Documents,the City's Local water quality ordinance(www.sanjuancapistrano.org),and other State and local regulations and ordinances with respect to control of erosion.,sediment and other forms of water pollution, as well as other waste management regulations. Further, this person shall be responsible for monitoring weather and implementation of any emergency plans as needed. The weather shall be monitored on a five-day forecast plan and a full BMP protection plan shall be activated when a 40% chance of rain is forecasted. This person shall also be responsible for overseeing the general project operations and evaluating the effectiveness of the BMP's. This person shall modify the BMP's as necessary to keep the project site in compliance. SP-5 This person or other designated site management staff shall be responsible to inspect the BMP's routinely and ensure maintenance measures are implemented. I The Contractor shall educate all employees, subcontractors, and suppliers about storm water BMPs and water pollution controls required during various construction activities to prevent the impact of construction discharges. The contractor shall ensure that all personnel are trained in basic urban runoff management.A lisi of attendees and copies of the educational materials shall be kept on file at the site and submitted to the Engineer at the conclusion of each training session, upon request. 4. The Contractor shall protect with BMPs, such as gravel bags and filter fabric or other BMP approved by the City, all new and existing storm water conveyance system structures and other facilities from sedimentation or other related construction debris and discharges,or by any other equal product that is approved by the Engineer. 5. No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site.No water from washing vehicles on a construction site is allowed to run off into the City's storm drain system, including the streets and gutters. 6. The Contractor shall prevent any discharge of concrete rinse water,saw cutting and cold milling materials, and other pollutant into a storrnwater conveyance facility with physical barriers. Polluted discharges are prohibited from entering the storm drain system,including the streets and gutters. 7. Any sediments or other materials, which are not retained on the site shall be removed the same day prior to leaving the site.Where determined necessary by the Engineer or his or her designated representative, a temporary sediment barrier shall be installed. S. On an emergency basis only;plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and effectively convey the runoff to the storm drain system after elimination of contaminants. These measures cannot be used for a duration longer than 48 hours unless specifically approved.by the City. 9. Drainage controls shall be utilized at all project locations. Nuisance flow resulting from landscaping and irrigation runoff(if applicable) shall be retained on-site the extent of proposed construction activities. 10. Contractor shall refer to and be familiar with the most recent edition of the Construction BMP Handbook, produced and published by the California Stormwater Quality Association at www.caBMPhandbooks.coln. This document can be used for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from construction activities. 11. Littering. No person shall throw, deposit,place, leave,maintain,keep or permit to be thrown, deposited,placed,left or maintained or kept,any refuse,rubbish,garbage,broken concrete,or any other discarded or abandoned, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet,catch basin conduit or structure,business place,or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, SP-7 recycling bags,or other lawfully established waste disposal facilities. 12. At least 24 hours in advance of any storm event where the probability of rain is 40 percent or greater, all BMPs that are installed in the curb and gutter, in front of or on a storm drain catch basin,or around storm drain drop inlets are to be removed to prevent blocking of any storm drain or impede drainage.This does not relieve the Contractor's obligation to prevent silt, sediment, or any other pollutant from entering the storm drain system as a result of work activities. 13. During the dry season(May 1 through September 30 each year),the Contractor shall inspect at least weekly all pollutant control measures installed to mitigate construction activities during the dry season. For the duration of the project, the Contractor shall submit, with each progress payment request,documentation that these pollutant control measures were inspected,including detailed inspection reports. 14. During the rainy season(October I st through April 30th each year),the Contractor shall inspect at least daily all pollutant control measures, and inspect before and after every rain event and every 24 hours during any prolonged rain event. The Contractor shall implement special maintenance measures as required to meet all requirements at Contractor expense. At the conclusion of any rain event, the Contractor shall immediately repair all pollutant control measures. For the duration of the project, the Contractor shall submit, with each progress payment request,documentation that these pollutant control measures were inspected,including detailed inspection reports, and a list of BMP's that were found to be inadequate. 15. The Contractor shall perform routine maintenance of all pollution control measures continuously for the duration of the project. The Contractor shall implement special maintenance measures before and after every rain event and every 24 hours during any prolonged rain event. The Contractor shall maintain and repair all pollutant control measures as soon as possible after the conclusion of each rain event as worker safety allows. For the duration of the project, the Contractor shall submit,with each progress payment request,documentation that these pollutant control measures were maintained, including detailed inspection reports, work orders on daily routine work and special maintenance work that was performed, and a Iist of BMP's that were found to be inadequate. The Contractor shall monitor the project site for unmitigated non-stormwater discharge 24 hours and day, 7 days a week, throughout the duration of the project construction. If an unmitigated non- stormwater discharge leaves the project site at any time,the Contractor shall immediately stop all the activity causing the discharge and mitigate the discharge. The Contractor shall also immediately notify the Engineer of the discharge. As soon as practical, any and all waste material, sediment, debris or other pollution from any discharge shall be removed from the drainage system by the Contractor.The Contractor shall adhere to reporting requirements as identified in the General Permit for Construction Water Quality Order 99-08-DWQ, NPDES No, CAS000002. Whenever an authorized inspector has reasonable cause to believe that there exists on the construction site any condition, which constitutes an impact to human or environmental health (as defined in the City's stormwater program), or if CONTRACTOR is notified of required corrections and does not correct in the amount of time provided and/or violation of the provisions of the requirements herein,the permit will cause to be in effect, and all construction works on the site shall be tenninated at the SP-8 CONTRACTOR'S expense. The CONTRACTOR shall conform to all Storwater control BMPs designated by the Engineer,in accordance with the recommendations and specifications set forth in the Stormwater NPDES, and as outlined herein in this Contract Document. SECTION I I - PRESERVATION OF SURVEY MONUMENT Effective January 1, 1995, AB 1414 "Preservation of Survey Monumentation Compliance with Section 8771 of the Business and Professional.Code" provides for the preservation of Survey Monuments in construction projects. This legislation mandates that priorto construction monuments are to be referenced in.the field and"Corner Records"prepared for filing in the Office of the County Surveyor. It also mandates that after construction,monuments are to be reset and"Corner Records" filed with the County Surveyor. This must be done prior to certifying completion of a project. The City requires monumentation preservation on all capital improvement projects where monumentation points are present and the contractor shall be responsible for submitting proper documentation to the Office of the County Surveyor in compliance with AB 1414. Project finalization, Notice of Completion and/or release of retention shall be contingent upon obtaining documentation from the contractor's project surveyor or engineer that monuments have been set or restored and Corner Records filed with, and to,the satisfaction of the County Surveyor. All costs necessary to comply with this legislation shall be allocated to the appropriate bid item. SECTION 12 - MONUMENTATION IDENTIFICATION In accordance with the Professional Land Surveyor Act, Section 8772, any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it,each number to be preceded by the letters "LS." or"R.C.E.,"respectively,as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument. Centerline ties filed with the Orange County Surveyor will be checked for compliance with this law. SECTION 13 ---ALTERNATE BID ITEMS Bid Item No. 39---Construct Concrete Sidewalk and Bid Item No. 40- Construct Colored and Stamped Concrete Sidewalk are alternate bid items that will be reviewed for inclusion in the contract by the City subsequent to receiving the project bids; inclusion of Bid Item Nos. 39 or 40 will be determined prior to the award of the contract. If Alternate Bid Item No. 39 is selected to be included in the contract, the contract will be awarded based on the Total Alternate #1 Bid Price (Items 1-28, 30-38 and 39). If Alternate Bid Item No. 40 is selected to be included in the contract, the contract will be awarded based on the Total Alternate##2 Bid Price (Items 1-28, 30- 38 and 40). SP-9 SECTION 14—BUSINESS ACCESS The Contractor shall coordinate construction of driveway and other work that impacts access to businesses and shopping centers along Camino Capistrano and Del Obispo Street with the City and business owners. Driveway construction will be performed in a timely manner and construction of improvements will immediately follow driveway demolition work in order to provide access during operating and delivery hours. The use of high early strength concrete and temporary paving to maintain access will be at the approval of the Engineer and no additional compensation other than the bid items provided will be allowed therefore. The access ramp to Chase Bank near the ATM at the southeast comer of the building shall be accessible at all times. SP-10 CITY OF SAN JUAN CAPISTRANO CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BID ITEM 1 —MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The maximum price for this item shall, not exceed 5 percent of the total contract price at the time of award. PAYMENT Payment for Mobilization shall be at the contract lump sum bid price and shall be payable as follows for each payment upon approval of the Engineer: a. Payment of 50 percent (less retention) of the contract lump sum bid price for Mobilization at the first progress payment; b. Payment of 75 percent (less retention) of the contract lump sum bid price for Mobilization when the monthly partial payment estimate of the base bid earned to date, not including the amount earned for mobilization, is 30 percent or more of the contract base bid amount; and C, Payment to 100 percent (less retention) of the contract lump sum bid price for Mobilization when the monthly partial payment estimate of the base bid earned to date, not including the amount earned for mobilization, is 50 percent or more of the contract base bid amount. BID ITEM 2—OFF STREET STORAGE OF EQUIPMENT AND MATERIALS The work for this item shall conform with the requirements of Section 7-8.4.2 of the Standard Specifications and as modified in Section I —Standard Specifications of these Special Provisions. PAYMENT The lump sum price for Off Street Storage of Equipment and Materials shall include all labor, materials, tools and equipment necessary to carry out the work as specified and no additional compensation will be allowed therefor. DS-1 BID ITEM 3—STORMWATER POLLUTION CONTROLI BMP'S The work for this item shall conform with the requirements of Section 10----Project Site Maintenance of these Special Provisions, PAYMENT Payment for Stormwater Pollution Control/BMP's shall be at the contract lump sum price and shall be considered full compensation for furnishing all labor,materials,tools,equipment and incidentals for doing all work involved in storwater and erosion control practices; achieving and maintaining compliance with all applicable regulations, as applicable; and for doing all work involved in the implementation of an effective combination of erosion and sediment controls, waste and materials management controls, and other BMPs, as required to prevent transport of pollutants from the site to streets,drainage facilities or adjoining property by wind or runoff,to the maximum extent practicable and no additional compensation will be allowed therefor. BID ITEM 4—PROJECT SURVEY The work for this item shall conform to the provisions of Section 2-9 of the Standard Specifications and as modified in Section 1 —Standard Specifications of these Special Provisions and shall include project survey by a licensed engineer or surveyor and certification of construction to the required line and grade. The contractor shall ensure that the intent of the design will be net by checking existing construction elevations for compatibility with the proposed construction. Any discrepancies shall be reported to the engineer for review. PAYMENT The lump sum price for Project Survey shall include all labor, materials, tools, equipment and incidentals necessary to carry out the work as specified and no additional compensation will be allowed therefor. BID ITEM 5 —TRAFFIC CONTROL Traffic Control shall conform to the provisions of Section 7-10 of the Standard Specifications, Manual of Traffic Controls (CALTRANS), the 2003 Manual of Uniform Traffic Control Devices (MUTCD), and California Supplement, latest editions. The contractor is responsible for submitting a traffic control plans prepared by a Registered Traffic Engineer to the City Engineer for approval prior to commencing any work for approval. All existing traffic control signs and street names shall be maintained in visible locations except as directed by the engineers where they are in conflict with the project. Public notification shall be considered part of the traffic control system. The contractor shall provide written notices to all affected residents and business at least seven days prior to when the traffic control will change and when respective driveway work shall occur. The contractor shall provide ingress and egress access to existing driveways per Section 14 — Business Access of these Special Provisions. The contractor shall provide at least one 12' wide paved lane of traffic shall be maintained in each direction on Del Obispo Street and Camino Capistrano. The left turn lanes shall be maintained at each intersection, unless otherwise directed by the Engineer in the field. DS-2 PAYMENT Full compensation for conforming to the above requirements shall be paid on a lump sum basis for Traffic Control shall include all labor, materials, equipment, tools and incidentals necessary to prepare and traffic control plan and provide all traffic control for public and construction safety throughout the duration of the project and no additional compensation will be allowed therefor. BID ITEM G—CLEARING AND GRUBBING The work for this section shall conform to the provisions of Section 300-1 and 300-2 of the Standard Specifications and these Special Provisions. This work shall include removing all natural and artificial objectionable material within the project limits as required to construct the proposed improvements as shown on the plans that are not provided for in the other bid items for removal and relocation. This work includes,but is not limited to sawctting, removal of shrub, turf, groundcover, bollards, and footings, miscellaneous concrete and v-gutters and unclassified excavation within the project area as required to complete this project; and the protection of existing facilities that are to remain in place. Area to be cleared shall be grubbed to a depth necessary to remove all stumps, roots, and other objectionable material. The Contractor's attention is directed to existing landscaped areas within the right-of-way and need to conform to the requirements of Subsection 300-1.2., "Preservation of Property." Protection, relocation and restoration of existing improvements which are to remain including utilities, trees, walls, signs, monuments, landscape lighting and other facilities within the construction zone shall conform to Section 7-9 of the Standard Specifications. PAYMENT Payment for Clearing and Grubbing shall be at the contract lump sum price and shall be considered fall compensation for removal and disposal of all resulting materials, and for furnishing all labor, materials and equipment necessary for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 7—REMOVE CONCRETE DRIVEWAY This work shall consist of removing concrete driveway as shown on the plans and as directed by the Engineer,including saw cutting and base removal to the depth as required to construct the proposed improvements and shall conform to Subsection 300-1 and 300-2 of the Standard Specifications. PAYMENT The unit price per square foot for Remove Concrete Driveway shall include all labor, materials, tools, equipment and incidentals necessary for accomplishing the work as specified herein and no additional compensation will be allowed therefor. DS-3 BID ITEM S—REMOVE CONCRETE SIDEWALK This work shall consist of removing concrete sidewalk as shown on the plans and as directed by the Engineer,including saw cutting and base removal to the depth as required to construct the proposed improvements and shall conform to Subsection 300-1 and 300-2 of the Standard Specifications. PAYMENT The unit price per square foot for Remove Concrete Sidewalk shall include all labor,materials,tools, equipment and incidentals as necessary for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 9—REMOVE CONCRETE CURB AND GUTTER This work shall consist of removing concrete curb and gutter as shown on the plans and as directed by the Engineer, including local depression removal, saw cutting and base removal to the depth as required to construct the proposed improvements and shall conform to Subsection 300-1 and 300-2 of the Standard Specifications. PAYMENT The unit price per linear foot for Remove Concrete Curb and Gutter shall include all labor,materials, tools, equipment and incidentals necessary for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 10—REMOVE CONCRETE CURB This work shall consist of removing concrete curb as shown on the plans and as directed by the Engineer,including'saw cutting and base removal to the depth as required to construct the proposed improvements and shall conform to Subsection 300-1 and 300-2 of the Standard Specifications. PAYMENT The unit price per linear foot for Remove Concrete Curb shall include all labor, materials, tools, equipment and incidentals necessary for accomplishing the work specified herein and no additional compensation will be allowed therefor. BID ITEM 11 —REMOVE ASPHALT PAVEMENT This work shall consist of removing asphalt pavement as shown on the plans and as directed by the Engineer including removal of asphalt roadway,parking lots and sidewalk,including base removal to the depth as required to construct the proposed improvements. The Remove Asphalt Pavement work shall conform to Subsection 300-1 and 300-2 of the Standard Specifications. DS-4 PAYMENT The unit price per square foot for Remove Asphalt Pavement shall include all labor,materials,tools, equipment and incidentals necessary for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 12 —REMOVE CATCH BASIN This work includes removal of the entire catch basin as shown on the plans and the neat removal of interfering portions of the existing storm drain pipe located upstream and downstream of the catch basin as necessary to construct the.new catch basin and connecting storm drain pipe. Removal of catch basin and storm drain conduits shall conform to Sections 300-1 and 306-5 of the Standard Specifications. PAYMENT The lump sum price for Remove Catch Basin shall include all labor, materials,tools, equipment and incidentals as necessary for accomplishing the work as specified herein including backfill and no 'additional compensation will be allowed therefor. BID ITEM 13 —REMOVE TREE This work shall include removing trees as as shown on the project plans and as directed by the Engineer. This section shall conform to Subsection 300-1 of the Standard Specifications and these special provisions. Area to be cleared shall be grubbed to a depth necessary to remove all stumps, roots, and other objectionable material. The Contractor's attention is directed to existing landscaped areas within the right-of-way and need to conform to the requirements of Subsection 300-1.2., "Preservation of Property." Protection and restoration of existing improvements which are to remain including utilities, trees, walls, signs, monuments landscape lighting and other facilities within the construction zone shall conform to Section 7-9 of the Standard Specifications including the relocation of mailboxes. Tree removal shall be in accordance with the City tree removal permit and includes falling of trees, grinding the stump,removal of all wood,limbs,debris,and area cleanup. Stumps shall be ground to a minimum of three (3) feet below the existing ground surface or subgrade, whichever is deeper. Stump holes shall be backfilled and compacted with excess soil and raked level with existing grade. When stumps are not ground the same day as the tree removal, stumps shall be left five (5) feet above parkway grade,or an adequate warning device shall be placed over the stump until grinding is completed. All damaging or potentially damaging tree roots shall be pruned or shaved as specified in these special provisions. The Contractor is required to complete and submit the Tree Removal Permit included in the Appendix B. DS-5 PAYMENT Payment for Remove Tree shall be at the contract unit price per each and shall be considered full compensation for removal and disposal of all resulting materials, and for furnishing all labor, materials,equipment and incidentals as necessary for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 14—RELOCATE STREETLIGHT This work shall consist of relocating streetlights as shown on the plans and shall conform to Sections 209 and 307 of the Standard Specifications. This item includes, but is not limited to, providing temporary lighting, removal and storage of the light pole, protecting the electrical elements, demolition and removal of the footing,backfilling the void,construction of new footing, extension of the electrical conduit and wire, installation of the fight pole, testing and coordination with the service provider and City.The streetlights shall be constructed per the requirements of the City of San Juan Capistrano Standard Plan 610, and the details of the City of San Juan Capistrano Downtown Lighting Program Phase II Plans included as Appendix D. PAYMENT Payment for Relocate Streetlight shah be at the contract unit price per each and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 15—RELOCATE SHOPPING CENTER SIGN This work shall consist of relocating single and double post shopping center signs as shown on the plans and includes, but is not limited to,removal and storage of the sign,demolition and removal of the footing, construction of a new footing, post connections to the new footings and installation of the sign. Modifications maybe required to the existing signposts to maintain the integrity of the sign while removing the footings and connecting to the new footings. Final location of the shopping center sign will be as directed by the Engineer in the field. PAYMENT Payment for Relocate Shopping Center Sign shall be at the contract unit price per each and shall be considered full compensation for furnishing all labor,materials,tools,equipment and incidentals for accomplishing the work and no additional compensation will be allowed therefor. BID ITEM 16—RELOCATE FIRE HYDRANT This work shall consist of relocating fire hydrants as shown on the plans and shall be in accordance with Capistrano Valley Water District(CV WD) Standard Drawing No. W-7 and the City of San Juan Capistrano Water Department Standard Specifications for Construction of Domestic Water and Recycled Water facilities. DS-6 PAYMENT Payment for Relocate Fire Hydrant shall be at the contract unit price per each and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work including pipe,trenching, fittings,bends,thrust blocks,bedding, patching and testing the lines and no additional compensation will be allowed therefor. BID ITEM 17—RELOCATE TRASH RECEPTICLES This work shall consist of relocating trash receptacles as shown on the plans and includes,but is not limited to, removal and storage of the trash receptacle, demolition and removal of the footing, construction of a new footing,connections to the receptacle and installation of the receptacle in the new location. Final location of the trash receptacles will be as directed by the Engineer in the field. PAYMENT Payment for Relocate Shopping Center Sign shall be at the contract unit price per each and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work and no additional compensation will be allowed therefor. BID ITEM 18— REMOVE AND REPLACE BRICK.PAVER SIDEWALK This work shall consist of carefully removing,storing,placing and finishing existing brick sidewalk pavers located in front of the El Adobe Restaurant as detailed on the plans to match the existing installation method but shall not be less than current commercial sidewalk application practices. Missing, damaged and/or supplemental bricks shall be provided by the Contractor; replacement bricks shall be like material,color and size to complete the brick paver sidewalk per the project plans and to match existing pattern. New brick pavers shall be intermixed with the existing bricks as needed to provide a look of uniformity. Sample bricks shall be provided to the Engineer to approval prior to use. PAYMENT The contract unit price per square foot for Remove and Replace Brick Paver Sidewalk shall be considered full compensation for furnishing all labor,materials,tools,equipment and incidentals to accomplish the work as specified herein including concrete toe/edge restraint and joint and bedding sand and no additional compensation shall be made therefor. BID ITEM 19 —ADJUST UTILITY COVER/BOX TO GRADE This work shall consist of adjusting utility covers and boxes to grade as shown on the plans including,but not limited to gas valves,water valves,water meters,and irrigation meters and valves, and shall conform to the provisions of Section 5-4 of the Standard Specifications. DS-7 PAYMENT Payment for Adjust Utility Cover/Box to Grade shall be at the contract unit price per each and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work and no additional compensation will be allowed therefor. BID ITEM 20—ADJUST MANHOLE TO GRADE This work shall consist of adjusting; manhole covers to grade as shown on the plans and shall conform to the provisions of Section 302-5.8 of the Standard Specifications. PAYMENT Payment for Adjust Manhole to Grade shall be at the contract unit price per each and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals for.accomplishing the work and no additional compensation will be allowed therefor. BID ITEM 21 --CONSTRUCT SEAL COAT This work shall consist of constructing seal coat within the Del Obispo Street/Camino Capistrano intersection and on each,of the four legs adjacent to the intersection to the limits as directed by the Engineer in the held. This work shall conform to the provisions of Section 302-8 of the Standard Specifications. PAYMENT Payment for Construct Seal Coat shall be at the contract unit price per square yard and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals for accomplishing the work and no additional compensation will be allowed therefor. BID ITEMS 22 — CONSTRUCT ASPHALT CONCRETE PAVEMENT BASE COURSE (TYPE III-B2-PG 64-10) This work shall consist of furnishing and placing of Asphalt Concrete(AC) as shown on the plans and per these Special Provisions. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 and 400-4 of the Standard Specifications. Asphalt concrete base course shall be Type III-B2-PG 64-10. Coarse aggregate shall consist of material of which at least 75%by weight shall be crushed particles. The Contractor shall submit for Engineer approval the mix design for asphalt concrete covering;the specific materials to be used. Base course asphalt shall be placed on the prepared subgrade by approved spreading devices,which will deposit a uniform layer of materials. Surface course shall be placed in one lift with an approved self-propelled asphalt paver. Any surface irregularities will be corrected in the aforementioned manner as directed. DS-8 PAYMENT The unit price bid per ton for Construct Asphalt Concrete Pavement Base Course(Type III-B2-PG 64-10) shall include all labor,materials,tools,equipment and incidentals necessary to construct the asphalt concrete paving and no additional compensation will be allowed therefor. BID ITEMS 23 —CONSTRUCT ASPHALT CONCRETE PAVEMENT FINISH COURSE (TYPE III-C2-PG 64-10) This work shall consist of furnishing and placing of Asphalt Concrete(AC) as shown on the plans and per these Special Provisions. The workmanship and materials necessary to complete the work as required shall conform to Section 302-5 and 400-4 of the Standard Specifications. Asphalt concrete finish course shall be shall be Type III-C2-PG 64-10. Coarse aggregate shall consist of material of which at least 75%by weight shall be crushed particles. The Contractor shall submit for Engineer approval the mix design for asphalt concrete covering the specific materials to be used. Full depth AC as shown on the plans shall be finish course. PAYMENT The unit price bid per ton for Construct Asphalt Concrete Pavement Finish Course(Type III-C2-PG 64-10) shall include all labor,materials,tools,equipment and incidentals necessary to construct the asphalt concrete paving and no additional compensation will be allowed therefor. SID ITEM. 24—CONSTRUCT CRUSHED MISCELLANEOUS BASE This work shall consist of furnishing and placing Crushed Miscellaneous Base (CMB) under AC paving, curb and gutter, curb, driveways, v-gutter, access ramps, brick and paver sidewalks and concrete sidewalks. CMB shall conform to provisions of Section 200-2.4 and 211 of the Standard Specifications. Subgrade excavation,preparation and compaction shall be in accordance with Section 301-1 and placement and compaction of CMB shall be in accordance with Section 301-2 of the Standard Specifications. Thickness of CMB shall be per plans, standard plans and as directed by the Engineer in the field. PAYMENT The unit price bid per cubic yard for Construct Crushed Miscellaneous Base shall include all labor, materials, tools, equipment and incidentals necessary to construct all the work involved including excavation,subgrade preparation,backfill and root removal and supplying,placing and compacting the aggregate base, and no additional compensation will be allowed therefor. DS-9 BID ITEM 25—CONSTRUCT CONCRETE CURB AND GUTTER, TYPE C-8 This work shall consist of constructing concrete curb and gutter as shown on the plans and in accordance with the City of San Juan Capistrano Standard Plan No. 301,Type C-8. This work shall conform to the provisions of Section 303-5 of the Standard Specifications. Construction of curb and gutter at driveway approaches shall also be in accordance with City of San Juan Capistrano Standard Plan No. 310. PAYMENT The unit price bid per linear foot for Construct Concrete Curb and Gutter,Type C-8 shall include all labor, materials, tools, equipment and incidentals necessary to accomplish the work as described herein and no additional compensation will be allowed therefor. BID ITEM 26—CONSTRUCT CONCRETE CURB TYPE A-6 This work shall consist of constructing concrete curb with a 6"curb face as shown on the plans and in accordance with the City of San Juan Capistrano Standard Plan No.300,Type A. This work shall be in accordance with the applicable provisions of Section 303-5 of the Standard Specifications. Existing concrete curb at join locations vary in height from 2"to 6 and vary in color from normal concrete to paint to stained. The Contractor shall construct the concrete curb to match existing transitions,height, color and shape of adjacent concrete curb where applicable at the join locations. The Contractor shall coordinate with the City and provide a sample of stained or painted concrete for approval as required to match existing colors prior to constructing the final improvement. PAYMENT The unit price bid per linear foot for Construct Concrete Curb, Type A-6 shall include all labor, materials, tools, equipment and incidentals necessary for accomplishing the work as described herein and no additional compensation will be allowed therefor. BID ITEM 27—CONSTRUCT CONCRETE CURB TYPE A-8 This work shall consist of constructing concrete curb with an 8"curb face as shown on the plans and shall be constructed in accordance with the City of San Juan Capistrano Standard Plan No. 300,Type A. This work shall be in accordance with the applicable provisions of Section 303-5 of the Standard Specifications. PAYMENT The unit price bid per linear foot for Construct Concrete Curb, Type A-8 shall include all labor, materials, tools, equipment and incidentals necessary for accomplishing the work as described herein and no additional compensation will be allowed therefor. DS-10 BID ITEM 28—CONSTRUCT CONCRETE DRIVEWAY This work shall consist of constructing 6"thick concrete driveway approaches as shown on the plans and in accordance with Standard Plans for Public Works Construction Standard(SPPWC)Plan No. 110-1, and the construction notes on the City of San Juan Capistrano Standard Plan No. 402. The construction of driveway approaches shall conform to Section 303-5 of the Standard Specifications. Six-inch thick concrete sidewalk at driveway approaches will be measured and paid for as Construct Concrete Driveway. PAYMENT The unit price per square foot for Construct Concrete Driveway shall be considered fall compensation for furnishing all labor,materials,tools,equipment and incidentals for accomplishing the work as described herein and no additional compensation will be allowed therefor. BID ITEM 29—CONSTRUCT CONCRETE PAVER SIDEWALK This work shall consist of furnishing, placing and finishing sidewalk pavers as shown on the plans and in accordance with manufacturer specifications and the interlocking Concrete Pavement Institute (ICPI) Tech Spec No. 10. Sidewalk pavers shall be Bestone Interlock, 60mm, and antique Cobble Rectangles, Terra Brown and Herringbone pattern. This item includes construction of a concrete band edge restraint that shall conform to the provisions of Section 303-5 of the Standard Specifications for concrete curb and will be included in the square foot measurement of concrete paver sidewalk. PAYMENT The unit price per square foot for Construct Concrete Paver Sidewalk shall be considered fall compensation for furnishing all labor,materials,tools, equipment and incidentals for accomplishing the work as specified herein including concrete band and trees wells and no additional compensation will be allowed therefor. BID ITEM 30—CONSTRUCT CONCRETE SIDEWALK This work shall consist of famishing,placing and finishing 4"thick concrete sidewalk as shown on the plans and in accordance with the City of San Juan Capistrano Standard Plan No. 331. The construction of sidewalks shall conform to Section 303-5 of the Standard Specifications. Existing concrete sidewalk at some join locations are a color stained concrete.The Contractor shall construct the concrete sidewalk to match existing color of adjacent concrete sidewalk where applicable at the join locations. The Contractor shall coordinate with the City and provide a sample of stained concrete for approval as required to match existing colors prior to constructing the final improvement. DS-11 PAYMENT The unit price per square foot for Construct Concrete Sidewalk shall be considered full compensation for furnishing all labor,materials,tools,equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 31 —CONSTRUCT CONCRETE CURB RAMP This work shall consist of constructing a concrete curb ramp and shall be constructed as shown on the plans and in accordance with SPPWC Standard Plan No. 111-3. The construction of curb ramp shall conform to Section 303-5 of the Standard Specifications. PAYMENT The unit price per square foot for Construct Concrete Curb Ramp shall be considered full compensation for furnishing all labor,materials,tools,equipment and incidentals for accomplishing the work as specified herein and no additional compensation will be allowed therefor. BID ITEM 32 —CONSTRUCT CATCH BASIN This work shall consist of constructing a catch basin,local depression and supply and construction of storm drain pipe and concrete collars as shown on the plans. The catch basin shall be constructed in accordance with SPPWC Standard Plan 300-2, and local depression at catch basins shall be constructed in accordance with City of San.Tuan Capistrano Standard Plan No.360. Concrete collars shall be constructed in accordance with SPPWC Standard Plan 380-3. This work shall be in accordance with the applicable provisions of Sections 303 and 306 of the Standard Specifications. The selection of the various depths for the catch basins was based upon the best available data with respect to the locations of various utilities;however,in order to further assist in avoiding utilities,or for other reasons deemed necessary by the Engineer, the City reserves the right by direction of the Engineer to increase or decrease the depth of any catch basin from that shown on the plans. This storm drain work shall consist of constructing 25"x 16"corrugated metal pipe(CMP) and shall be installed in accordance with the City of San.Tuan Capistrano Standard Plan No. 804,Type 1. Use of concrete encasement due to minimal cover will be at the direction of the Engineer. This work shall conform to the applicable provisions of Sections 303 and 306 of the Standard Specifications. PAYMENT The lump sum price bid for Construct Catch Basin shall include all labor,materials,tools,equipment and incidentals necessary for accomplishing the work as specified herein, including catch basin, castings, bedding, backfill, local depression, concrete collars and pipe and no additional compensation will be allowed therefor. DS-12 BID ITEM 33—TRAFFIC SIGNAL MODIFICATION (CAMINO CAPISTRANO/DEL OBISPO STREET BID ITEM 34—EMERGENCY VEHICLE PREEMPTION PLAZA DRIVE/DEL OBSIPO STREET Furnishing and installing traffic signals and highway lighting systems and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting", of the Standard Specifications and Standard Plans of the State of California,Department of Transportation, dated May 2006,hereinafter referred to as State Standard Plans and State Standard Specifications,California Manual of Uniform Traffic Control Devices (CA MUTCD) dated September 26, 2006. and these special provisions. Traffic signal work is to be performed at the following location: TRAFFIC SIGNAL MODIFICATION (CAMINO CAPISTRANO/DEL OBISPO STREET) EMERGENCY VEHICLE PREEMPTION (PLAZA DRIVE/DEL OBISPO STREET) EQUIPMENT LIST AND DRAWINGS The controller cabinet schematic wiring diagram and intersection sketch,to be mounted on the cabinet door(24"x 36"),shall be combined into one drawing so that when the cabinet door is open the drawing is oriented with the intersection. The Contractor shall furnish two maintenance manuals for all new controller cabinet equipment, including vehicle detector sensor units. The maintenance manuals shall be submitted at the time the equipment is delivered. One copy shall be placed inside the controller cabinet and one copy shall be delivered the City. The maintenance manuals shall include,but need not be limited to,the following items: (a) Specifications (b) Design Characteristics (c) General operation theory (d) Function of all controls (e) Troubleshooting procedure(diagnostic routine) (f) Bloch circuit diagram (g) Geographical layout of components (h) Schematic diagrams (i) List of replaceable component parts with stock numbers. SCHEDULING OF WORK The Contractor may perform sub-surface work consisting of the installation of conduit, foundations, and detectors,prior to receipt of all electrical materials and equipment. IIs-13 Above ground signal work shall not commence until such time that the Contractor notifies the Engineer,in writing,of the date that all electrical materials and equipment are received,and said work shall start within 15 days after said date. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All striping, pavement markings, and signing shall be in place prior to any signal turn on. GUARANTEES The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials famished by him. The Contractor shall make,at his own expense,any repairs or replacements made necessary by defects in workmanship or materials furnished ished by him that become evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these specifications, any part of the work which during the one(1)year period is found to be deficient with respect to any provision of the plans and specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly,the City may do the work and the Contractor and his surety shall be liable to the City for the cost. FOUNDATIONS Portland cement concrete shall conform to Section 90-10, "Minor Concrete", of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard,except concrete for reinforced pile foundations shall contain not less than 554 pounds of cement per cubic yard. The foundations shown on the plan shall be extended if conditions require additional depth; such additional work if ordered by the Engineer shall be considered as included in the lump sum contract bid price. EXCAVATING AND BACKFILLING Excavations for new foundations shall be hand dug until clear of substructures. STANDARDS, STEEL PEDESTALS,AND POSTS In addition to identifying each new pole shaft as detailed on State Standard Plan ES-7M,the Contractor shall also identify each new mast arm for all signals and luminaires. The stamped metal identification tag shall be located on the mast arra near the connection plate and shall contain the same information required on the pole shaft. Where the plans refer to the side tenon detail at the end of the signal mast arnn,the applicable tip tenon detail may be substituted. DS--14 Y CONDUIT Conduit shall conform to the provisions in section 86-2.05,"Conduit,"of the Standard Specifications and these Special Provisions. All signal conduits shown on project plans shall be rigid metal with bell type conduit bushings, unless otherwise indicated. "Trenching In Pavement Method"is specifically not allowed; therefore, all conduit shall be placed under existing pavement by jacking or drilling methods. Pavement shall not be disturbed without permission from the City Engineer. Conduit to be placed as part of the completed work shall not be used for drilling and jacking: Section 86-2.05A "Material" is amended as follows: Delete. (E) Type 5. Intermediate Steel Conduit(IMC).... inclusive. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinet shall be sealed with an approved type of sealing compound. All conduit shall tenninate in a pull box or an approved terminating equipment. Conduit runs are shown in schematic form only. Actual installation shall be done in the most direct manner. The Contractor shall locate the interfering underground facilities, if any, and the actual installation shall be done in the most direct manner as the existing underground condition permits and as approved by the Engineer in the field. PULL BOXES New pull boxes shall be precast reinforced concrete. Recesses for suspension of ballasts will not be required. Pull boxes shall be installed on a 6-inch pea gravel base with grout. Lids shall read "Traffic Signal" only. CONDUCTORS AND WIRING Conductors shall be spliced by the use of"C" shaped compression connectors as shown on the plans. Splices shall be insulated by"Method B". Subparagraph E.of the first paragraph of Section 86-2.091),"Splicing",of the Standard Specifications is deleted. BONDING AND GROUNDING Grounding jumper shall be attached by a 3116 inch, or larger, brass bolt in the signal standard or DS--15 controller pedestal and shall be run to the ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation. Equipment grounding conductors will not be required in conduit containing loop lead-in cables only. TESTING The eighth paragraph in Section 86-2.14C, „Functional Testing,,, of the Standard Specifications, is amended to read: A shutdown of the electrical system resulting from damage caused by public traffic or from a power interruption shall not constitute discontinuity of the functional test. Payment for necessary delivery,testing, modifications, repair, storage, and pick-up is included in the lump sum price bid for Traffic Signal Modification. No additional compensation for this item will be made. ACCEPTANCE The Contractor shall arrange an on-site meeting (a minimum of 72 hours in advance) with a representative of the City Engineer,a signal technician,and the City Inspector who can assure proper interconnect hookup between the City;central computer,field master and controller(s)to be present for the controller assembly turn on for tentative acceptance by the City. The signal technician shall be fully qualified to work on the controller assembly and shall be employed by the controller manufacturer or his authorized representative. The costs of the signal technician will be considered as included in the prices bid,.and no additional compensation will be allowed therefor. All conduits shall be filled with water(and in the presence of the City Inspector) no more than two (2)hours before this meeting. VEHICLE SIGNAL FACES AND SIGNAL LEADS Signal section housings shall be aluminum type. All lamps for traffic signal units shall be furnished by the Contractor. All new and existing sections of the traffic signal faces shall utilize light-emitting diode signal modules conforming to Section 86-4.02 of the Caltrans Standard Specifications. Light-emitting diodes shall be Daylight, DuraLED or approved equal. GUARANTEE LED signal modules shall be guaranteed by the Contractor for a period of one year starting on the day after the project is accepted by the Engineer. Modules that fail during this period shall be replaced at no cost to the City, except that City forces will change out the modules in the field. The replacement modules shall be delivered to the engineer within five working days after notification. The failed DS-16 modules will be made available to the Contractor at the office of the City Engineer. WARRANTY The manufacturer shall provide a written warranty against defects in materials and workmanship for the LED signal modules for a period of 36 months after installation of the modules. Replacement modules shall be provided promptly after receipt of modules that have failed at no cost to the City except cost of shipping of the failed modules. All warranty documentation shall be given to the Engineer prior to installation. PEDESTRIAN SIGNALS Pedestrian signal shall be Type A with the Z-crate type screen. All symbols shall be LED type. Plastic housing will not be permitted.Hand symbol shall conform to Caltrans Standard Specifications. The hood described in Section 86-4.06D, "Visors", of the Standard Specifications shall be provided. PEDESTRIAN PUSH BUTTONS Pedestrian push buttons shall be Type B. The housing shall be metallic. Push button signs shall conform to State Standard Plan ES-5C. SIGNAL MOUNTING ASSEMBLIES Where a signal face is to be supported by a Type MAS mounting, a side attachment slip-fitter inserted between the two sections, a spacer or spacers shall be placed between the two sections. The vertical dimension of spacers shall permit proper seating of the serration between the lip-fitter and the two sections. Holes in the spacers shall align with the front holes in the section housings. In addition to the fastening through the large openings in the housings,two sections shall be joined with at least two bolts through the holes near the front of the housings and spacers, and through matching holes in a reinforcing plate installed within each housing. Saucers shall be made of the same material as the signal housings. Reinforcing plates shall be aluminum with a minimum thickness of 0.125 inches and shall be painted to match the housing. Bolts for the joining signal sections shall be either stainless steel or cadmium-plated steel with round or binder heads.. DETECTORS Loop wire shall be Type 2. Loop detector lead-in cable shall be Type B. Loop sealant shall be hot-melt rubberized asphalt per state standard 86-5.01A(5). The Contractor shall test the detectors with a motor-driven cycle,as defined in.the California.Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. DS-17 Executed this day of 2009, at , California. PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) APPROVED AS TO FORM OMAR SANDOVAL, CITY ATTORNEY PB-2 Premiums included LABOR AND MATERIAL BOND Know all men by these presents, that: WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to: License No. hereinafter designated as "Principal", a contract for and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Principal, and as surety, Are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work, or for any amounts required to be deducted, withheld, and paid over to the EDD from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to LM-1 the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed there under. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Executed this day of 2009, at California. PRINCIPAL By: SURETY By: _ (Notarization and Seal) APPROVED AS TO FORM Omar Sandoval, City Attorney LM-2 CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and - hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds,Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation,and supplies necessary to perform and complete in good and workmanlike manner the construction of Camino Capistrano/Del Obispo Street Intersection Improvements (CIP 111), in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San .Tuan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the.lump sump adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss C-1 sustained by CITY, should. CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, .not in the nature of a penalty, Five Hundred Dollars($500)per calendar day for each day delayed;provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California,on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%)of the amount of this contract and shall be conditioned on full and complete performance of the contract,guaranteeing the work against faulty workmanship and materials for a period of one(1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent(100%)of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY_ The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILIN G RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California,copies of the prevailing rate of per diem wages,as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he,or any SUB-CONTRACTOR under him.,shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. C-2 SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in fall force and effect comprehensive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail,return receipt requested,giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims,demands,loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be unposed upon them. or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include,but are not limited to, the stipulation that eight (8)hours labor constitute a legal day's work and CONTRACTOR shall,as a penalty to CITY,forfeit Twenty-five Dollar($25) for each workman employed in the execution of the Contract by C-3 CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8)hours in violation of the provisions of Article Three, Chapter One, Dart Seven, Division 2, of the California Labor Code, except as permitted by law. If contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www,uscis.gov, or access the registration page at https://www.visdhs.com/employeiTegiistration.Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San .Tuan. Capistrano DATED: BY: _ MARK NIELSEN, MAYOR BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION ATTEST: Meg Monahan, City Clerk C-4 APPROVED AS TO FORM: Omar Sandoval, City Attorney C-5 CITY OF SAN JUAN CAPISTRANO CAMINO CAPISTRANOIDEL OBISPO STREET INTERSECTION IMPROVEMENTS(CTP 111) SPECIAL PROVISIONS WORK TO BE DONE The work consists of improvements at the Del Obispo Street and Camino Capistrano intersection including removal of trees,concrete curb and gutter,driveways,medians,asphalt concrete pavement, sidewalk, curb, catch basin, storm drain pipe and relocation of fire hydrants and street lights. The work also consists of construction of seal coat, concrete curb and gutter, curb, asphalt concrete pavement,sidewalk pavers,concrete sidewalk,driveways,catch basin and storm drain,traffic signal modification and lighting, signing and striping, landscaping, and irrigation system. SECTION I - STANDARD SPECIFICATIONS The contractor shall perform his work in accordance with the Standard Specifications for Public Works Construction 2006 Edition,including all Supplements,hereinafter referred to as the Standard Specifications. The Contractor shall maintain a copy of this book on the job-site at all times. Unless otherwise specified, Errata and Supplements to the Standard Specifications shall be part of these specifications. The provisions of the Standard Specifications shall be modified as indicated below: Change 1: Section 2-9 - Surveying The Contractor will perform and be responsible for the accuracy of survey adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Contractor at his expense. The Contractor shall dig all holes necessary for line and grade stakes. Unless Otherwise specified, stakes will be set and stationed by the Contractor for curbs, headers, sewers, storm drains, structures and rough grade and a corresponding cut or till to finished grade (or flowline)indicated on a rade sheet. Preservation of survey monuments and monumentation identification shall be performed per Sections 11 --Preservation of Survey Monument and 12—Monumentation Identification of these Special Provisions. SP--1 Change 2: Section 5-6—Cooperation Add the following: The Contractor shall provide coordination with all the utility companies. The Contractor shall arrange for and conduct a pre-construction meeting between the Contractor, City Engineer and the utility companies to discuss scheduling, coordination of any required utility relocations, concurrent utility construction and the protection of existing utilities. In addition to the utility relocations identified on the project plans, coordination with other utility projects is required. Concurrent utility work within or adjacent to the project limits include SDG&E, AT&T, MCI, Cox Cable, City of San Juan Capistrano Water Department and The Gas.Company. The Contractor shall coordinate project work with work being performed by others at the railroad grade crossing as part of the OCTA Grade Crossing Safety Enhancements Project located at the west end of the project limits. The Contractor shall coordinate with the City, OCTA and SCRRA for construction work adjacent to the railroad crossing and equipment and shall conform to the requirements of OCTA/SCRRA. Change 3: Section 6-2--Prosecution of Work Add the following: The First Order of Work shall be ordering the traffic signal poles, mast arms and other long-lead equipment items so as to not delay the project schedule. Change 4: Section 6-5 Termination of Contract Add the following: If at any time,in the opinion of the Public Works Director, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the Contract,notice thereof in writing shall be served upon him, and should he neglect or refuse to provide means for satisfactory compliance with the contract,as directed by the Director of Engineering and Building, within the time specified in such notice, the City of San Juan Capistrano, in any such case, shall have the power to terminate all or any portion of the contract. Upon receiving notice of such termination, Contractor shall discontinue said work or such parts of it as the City of San Juan Capistrano may designate. Upon such termination, the Contractor's control shall terminate and thereupon the Members of the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, appliances, and plant, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for completion thereof,or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials and purchase the SP-2 materials contracted for, in such manner as the City of San Juan Capistrano may deem proper; or the Members of the City Council may annul and cancel the contract and re-let the work or any part thereof, Any excess of cost arising therefrom.over and above the contract price will be charged against the Contractor and his sureties,who will be liable therefor. In the event of such termination, all money due the Contractor retained under the terms of this contract shall be forfeited to the City of San Juan Capistrano; but such forfeiture will not release the Contractor or the sureties from liability or failure to fulfill the contract. Contractor and sureties will be credited with the amount of ironies so forfeited toward any excess of cost over and above the contract price,arising from the suspension of the operation of the contract and the completion of the work by the City of San Juan Capistrano as provided above, and the Contractor will be credited with any surplus remaining after all just claims for such completion have been.paid. Change 5: Section 6-7.2----Working Day Add the following: Days of Work: Days of work shall be Monday through Friday. Work on Saturdays, Sundays and Holidays is not permitted unless authorized in writing by the Engineer. Hours of Work: Major components of the project will be undertaken at night in accordance with City policy. These elements will include demolition, concrete work, irrigation, landscaping, paving, and some signal work. Certain project components, if they do not require lane closures, will be done daytime between the hours of 8:30 am and 3:30 pm subject to project inspector approval such as driveway work, landscaping, and some signal work. The Contractor shall not start any work that cannot be completed by the end of the working day time listed above. Change 6: Section 7-8.4.2 - Storage in Public Streets Construction equipment and materials shall not be stored in streets,roads,highways or public right-of-way. All materials or equipment not installed or used in construction within the daily work period shall be stored elsewhere by the contractor at its expense. Construction equipment shall not be stored at the work site before its actual use on the work. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets,roads,highways or public right-of-way. After placing backfill, all excess material shall be removed immediately from the site. SP-3 Change 7: Section 7-13 - Laws to be Observed Add: "All contractors and subcontractors shall comply with all sections of the Municipal Code of the City of San Juan Capistrano, especially Section: 6-3.06(b), (c), (d) and (e) shall secure the services of the City's exclusive solid waste hauler for their solid waste handling needs." Change 8: Section 8 - Facilities for City Personnel Delete this Section. SECTION 2 - TERMS DEFINED Whenever in the said Standard Specifications the following terms are used,it is hereby provided that the following City departments or person shall be intended: AGENCY shall mean City of San Juan Capistrano whenever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 3 - FLOW AND ACCEPTANCE OF WATER Surface or other waters may be encountered at various times during construction. The Contractor,by submitting a bid,acknowledges that he has investigated the risks arising from surface or other waters and has prepared his bid accordingly. It shall be the sole responsibility of the Contractor to protect his work from danger due to any waters encountered. Should any damage to the work due to surface or other water occur prior to acceptance of the work by the City, the Contractor shall repair such damage at his expense. SECTION 4 - WATER Water will be available from the City of San Juan Capistrano Water Department. Arrangements for temporary construction water services permit and water service may be made by contracting the Water District at(949)443-6363 one week prior to need for service. All water facility construction shall conform to the"Standard Specifications for Construction of the Domestic Water and Recycled Water Facilities (August 2006)" and "The Uniform Plumbing Code," 2001 Edition. SECTION 5 - INSURANCE AND OVERHEAD COSTS The Contractor shall receive no direct compensation for insurance and overhead(move-in costs,for example) costs. Accordingly, these costs should be prorated to the appropriate bid items. SECTION 6-PROTECTION OF EXISTING UTILITIES UNDERGROUND SERVICE ALERT The Engineer has endeavored to show all existing utilities. The Contractor must,however, take all due precautionary measures to protect all of the existing utilities. The Contractor shall have all SP-4 ` �IRS113PIt€'Edp 1776 CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS CAMINO CAPISTRANO/DEL OEISPO STREET INTERSECTION IMPROVEMENTS(CIP 111) OFj APRIL 2009 TABLE OF CONTENTS CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS(CIP 111) TITLE PAGE CONTRACT DOCUMENTS NoticeInviting Bids................ ....................................................................................................I BidProposal....................................................................................................................... ...3 Scheduleof Work Items...................................................................................................................6 Non-Collusion Affidavit..................................................................... ..........................................10 Designationof Sub-Contractors.....................................................................................................I 1 Instructionsto Bidders...................................................................................................................12 BidBond...................................................................................................................................BB-I PerformanceBond..................................................................................................................... PB-I Labor& Material Bond............................................................................................................ LM-I CONTRACT Contract........................................................................................................................................0-I SPECIAL PROVISIONS Workto be Done....................................................................................SP-1 Section I Standard Specifications....................................... Section 2 Terms Defined .......................................................................................SP-4 Section 3 plow and Acceptance of Water...............................................................SP-4 Section 4 Water...................... Section 5 Insurance and Overhead Costs...............................................................SP-4 Section 6 Protection of Existing Utilities ..............................................................SP-4 Section 7 Protection of Private Property................................... ................SP-5 Section 8 Construction Zone............... Section 9 Pre-Construction Coordination Meeting................................................SP-5 Section 10 Project Site Maintenance .......................................................................SP-6 Section 1 I Preservation of Survey Monuments.......................................................SP-9 Section 12 Monumentation Identification................................................................SP-9 Section 13 Alternate Bid Item..................................................................................SP-9 Section 14 Business Access........:..........................................................................SP-10 DETAIL SPECIFICATIONS AND METHOD OF PAYMENT BidItem I —Mobilization.........................................................................................................DS-1 Bid Item 2 —Off Street Storage of Equipment and Materials...................................................DS-1 Bid Item 3 — Stormwater Pollution Control/BMP's .................................................................DS-2 Bid Item 4---Project Survey.........:............................................................................................DS-2 Bid Item 5 Traffic Control.....................................................................................................DS-2 BidItem 6—Clearing and Grubbing..........................................................................................DS-3 Bid Item 7—Remove Concrete Driveway................................................................................DS-3 Bid Item 8 —Remove Concrete Sidewalk.................................................................................DS-4 Bid Item 9—Remove Concrete Curb and Gutter......................................................................DS-4 Bid Item 10—Remove Concrete Curb......................................................................................DS-4 Bid Item 1 I --Remove Asphalt Pavement................................................................................DS-4 BidItem 12 —Remove Catch Basin..........................................................................................DS-5 BidItem 13 —Remove Tree......................................................................................................DS-5 Bid Item 14—Relocate Streetlight............................................................................................DS-6 Bid Item 15 —Relocate Shopping Center Sign .........................................................................DS-6 Bid Item 16—Relocate Fire Hydrant........................................................................................DS-6 Bid Item 17 —Relocate Trash Receptacles ...............................................................................DS-7 Bid Item 18—Remove and Replace Brick Paver Sidewalk..................................I....................DS-7 Bid Item 19 ---Adjust Utility Cover/Box to Grade....................................................................DS-7 Bid Item 20—Adjust Manhole to Grade...................................................................................DS-8 Bid Item 21 — Construct Seal Coat............................................................................................DS-8 Bid Item 22---Construct Asphalt Concrete Base Course..........................................................DS-8 Bid Item 23 —Construct Asphalt Concrete Finish Coarse .......................................................DS-9 Bid Item 24—Construct Crushed Miscellaneous Base............................................................ DS-9 Bid Item 25 —Construct Concrete Curb and Gutter, Type C-8 ..............................................DS-10 Bid Item 26—Construct Concrete Curb, Type A-6 ...............................................................DS-10 Bid Item. 27 —Construct Concrete Curb, Type A-8 ...............................................................DS-10 Bid Item 28 —Construct Concrete Driveway......................................................................DS-11 Bid Item 29 —Construct Concrete Paver Sidewalk.................................................................DS-11 Bid Item 30—Construct Concrete Sidewalk...........................................................................DS-11 Bid Item 31 —Construct Concrete Curb Ramp.......................................................................DS-12 Bid Item 32 —Construct Catch Basin .....................................................................................DS-12 Bid Item 33 —Traffic Signal Modification (Camino Capistrano/Del Obispo Street).............DS-13 Bid Item 34 Emergency Vehicle Preemption (Plaza Drive/Del Obispo Street)...................DS-13 Bid Item 35 —Traffic Signing and Striping .........................................................................DS-22 Bid Item 36—Install Landscaping....................... ...................................................................DS-24 Bid Item 37— Install Irrigation System...................................................................................DS-32 Bid Item 38 — 120-Day Landscape Maintenance ...................................................................DS-41 Bid Item 39 (Alternate)—Construct Concrete Sidewalk........................................................DS-41 Bid Item 40 (Alternate)— Construct Colored and Stamped Concrete Sidewalk.....................DS-42 APPENDICES Appendix A—PP-3 Roads, Streets, and Highways Operation and Maintenance Appendix.l3 —Tree Removal Permit Application Appendix C-Del Obispo Street Northern Side Design, Station 26+88 to Station 27+36 Appendix D --- San Juan Capistrano Downtown Lighting Program Phase Il Plan Details CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS(CIP 11.1) NOTICE INVITIsNG.BIDS Public notice is hereby given that the City of San Juan.Capistrano will,up to 2:00 p.m., on the 20'�' day of MU 2009,receive sealed proposals or bids for IMPROVEMENT PLANS FOR.DEL OBISPO CAMINO C APISTRANOIDEL OBISPO STREET INTERSECTION IMPROVEMENTS(CIP 1.11) in accordance with the approved Plans, Specifications, Special Provisions, and the Standard Specification for Public Works Construction,2006 Edition,including all Supplements therefor,on file in the office of the City Clerk of the City of Sana Juan Capistrano, California. Bids will be received until the time hereinbefore stated at the City Clerk's Office,Sari Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. No bid will be received unless it is made on a proposal provided within these specifications. Any person desiring to submit a.bid proposal in response to this bid package must first purchase the bid package. Each proposal or bid must be accompanied by a certified check,cash, cashier's check,or bidder's bond payable to the City of San Juan Capistrano in the sum of not less than ten percent of the total bid amount. The bid check,cashier's check or bidder's bond of the successfnil bidder will be forfeited to the City of San Juan Capistrano in the event such successful bidder fails to enter into the required contract within 15 days after the written notice that said contract has been awarded to him for the work. A re-bid conference is scheduled at 10:00 a.m. on the 6rh day of May 2409, in the City Council Chambers. The contractor shall have the opportunity for clari facation or interpretation of any point or points of question within the plans and contract documents or specifications. It is the contractor's responsibility to be in attendance at this conference to receive any information disclosed during the proceedings,for the City of San Juan Capistrano shall not disseminate any records of the conference. Exclusive of written addenda and this pre-bid conference,the City of San Juan Capistrano shall not be responsible for any instructions, explanations, or interpretation of the plans, specifications, and contract documents presented to the bidders in any manner. The successful bidder,simultaneously with the execution of the contract,will be required to furnish a Faithful Performance Bond equal in the amount of one-hundred percent(100%)of the contract price. The surety bond company must be selected from among the surety companies set forth in. the Standard Specifications. The City Council reserves the right to reject any andall bids received and to compare the relative merits of the respective bids and to choose that, which in the opinion of the City of San Juan. Capistrano, will best serve the interests or needs of the City of Sana.Tuan.Capistrano. A time limit of ninety 90 calendar days from the date of the Notice to Proceed has been set for the completion of the work; and one hundred twent 120calendar days thereafter for landscape maintenance and plant establishment. BIDDERS ARE HEREBY NOTIFIED THAT,pursuant to the Labor Code of the State of California, copies.. of the prevailing rate of per diem wages, as determined by the .Director of the State Department of Industrial Relations, are on file in the office of the City Clerk and shall be made available to any interested party ou request. Copies of pians and specifications are on lice in the office of the City Clerk of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano,California. Copies of the plans and specifications for use in preparing bids may be obtained at the Office of the City Clerk, San Juan Capistrano, at the address shown.above. One set of plans and specifications is available for each general contractor proposing to submit a bid for said work. A charge in the amount of$50,non.-refundable,is required for obtaining each set of plans and specifications. There will be a $10 charge for postage and handling on all plans and specifications mailed, Each bidder shall state the California Contractor's License Number and Classification of such,bidder so bidding, as no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to the licensing of Contractors. This Notice is hereby given and pub]ish�d by order'ts C, u.ncil members of the City of Sari.Juan Capistrano and is dated this '..��F�`� day o rr6� l C1TY CSE r � CI ,Y C JUAN41STRANO ORANGE �C1NTY, ��,LIFORNIA 2 BID PROPOSAL For the: CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) From: Contractor, License No. & Classification To the Members of the City Council City of San.Tuan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard S ecifications for Public Works Construction 2005 Edition,including all Supplements therefor,read the Instructions to Bidders, and is familiar with all proposal requirements,and hereby proposed and agrees,if the proposal is accepted,to complete the said construction in accordance with the Contract Documents,as defined in Section 1-2 of the Standard Specifications,in the time stated herein,for the unit price or lump sum given on the following pages of this proposal, for a Base Proposal of Bid Items 1 through 38 amounting to a total of: Words Figures Said amount to include and cover all taxes,the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction;also,the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. Or for an Alternate#1 Proposal of Bid Items 1 through 28,30 through 38, and 39 amounting to a total of: Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction;also,the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. Or for an Alternate#2 Proposal of Bid Items 1 through 28,30 through 38, and 40 amounting to a total of. Words Figures 3 Said amount to include and cover all taxes, the furnishing of all materials,the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also,the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of ninety (90) calendar days,and one hundred twenty 120 calendar days thereafter far the landscape maintenance and plant establishment. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures,the words shall prevail. In case of discrepancy between unit prices and the extension thereof,the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals,given solely as a basis for comparison of bids. It is understood that the City does not expressly,nor by implication, agree that the actual amount of work will.correspond therewith,but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty(30)days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen(15)days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council,then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is (Insert 1 cash," cashier's check,certified check or bidder's bond on the forms from pages BB-1. and BB-2 of these Contract Documents,as the case may be), in an amount equal to at least ten percent(10%) of the highest total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: Licensed in accordance with an act providing for the registration of contractors -- License No. and Classification Signature of Bidder: 4 (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: Business Address Dated: Telephone Number Further,the undersigned bidder certifies that he has thoroughly checked the figures set Forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: Signature of Bidder Dated: Telephone Number 5 SCHEDULE OF WORK ITEMS CAMINO CAPISTRANO/DEL OBISPO STREET INTERSECTION IMPROVEMENTS (CIP 111) The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with the said specifications for the amounts set forth below: Construct improvements as reiterated above, located in the City of San.Juan Capistrano, in accordance with the specifications for the unit price set forth in the following items: Item Approximate Work Items With Unit Price Unit Price Total Amount Quantity (Written in Words) (In Figures) 1 L.S. Mobilization for the lump sum price of dollars. $ 2 L.S. Off Street Storage of Equipment and Materials for the lump sum price of $ dollars. 3 L.S. Stormwater Pollution Control/BMP's for the lump Sum price of dollars. 4 L.S. Project Survey for the lump sum price of dollars. $ 5 L.S. Traffic Control for the lump sum price of dollars. $ S 6 L.S. Clearing and Grubbing for the lump sum price of dollars. $ 7 2,650 S.F. Remove Concrete Driveway for the unit price of dollars $ S per square foot. 8 3,750 S.F. Remove Concrete Sidewalk for the unit price of dollars $ per square foot. 1 430 L.F. Remove Concrete Curb and Gutter for the unit price of dollars per linear foot. 6 10 1,665 L.F. Remove Concrete Curb for the unit price of dollars per linear foot. 11 13,275 S.F. Remove Asphalt Pavement for the unit price of dollars per square foot. 12 L.S. Remove Catch Basin for the lump sum price of dollars. 13 16 EA, Remove Tree for the unit price of dollars per each. 14 3 EA. Relocate Streetlight for the unit price of dollars per each. 15 1 EA. Relocate Shopping Center Sign for the unit price of dollars per each. 16 2 EA. Relocate Fire Hydrant for the unit price of dollars per each. 17 2 EA. Relocate Trash Receptacles for the unit price of dollars per each. 18 200 S.F. Remove and Replace Brick Paver Sidewalk for the unit price of dollars per square foot. 19 S EA. Adjust Utility Cover/Box to Grade for the unit price of dollars per each. 20 1 EA, Adjust Manhole to Grade for the unit price of dollars per each. 21 22,600 S.Y. Construct Seal Coat for the unit price of dollars per � S square yard. 22 270 Tons Construct Asphalt Concrete Pavement Base Course(III-B2-PG 64-10) for the $ $ unit price of dollars per ton. Construct Asphalt Concrete Pavement 23 120 Tons Finish. Course (III-C2-PG 64-10) for the $ $ unit price of dollars per ton. 24 560 C.Y. Construct Crushed Miscellaneous Base for the unit price of $ $ dollars per cubic yard. 25 855 L.F. Construct Concrete Curb and Gutter, Type C-8 for the unit price of $ $ dollars per linear foot. 26 260 L.F. Construct Concrete Curb, Type A-6 for the unit price of $ $ dollars per linear foot. 27 760 L.F. Construct Concrete Curb, Type A-8 for the unit price of $ $ dollars per linear foot. 28 2,650 S.F. Construct Concrete Driveway for the unit price of $ $ dollars per square foot. 29 4,450 S.F. Construct Concrete Paver Sidewalk for the unit price of $ $ dollars per square foot. 30 725 S.F. Construct Concrete Sidewalk for the unit price of dollars $ $ per square foot. 31 150 S.F. Construct Concrete Curb Ramp for the unit price of dollars $ $ per square foot. 32 L.S. Construct Catch Basin for the lump sum price of dollars. $ $ 33 L.S. Traffic Signal Modification (Camino Capistrano/Del Obispo Street) for the $ $ lump sum price of dollars. 8 34 L.S. Emergency Vehicle Preemption(Plaza Drive/Del Obispo Street) for the lump $ ,. sum price of dollars. 35 L.S. Traffic Signing and Striping for the lump sum price of dollars. $ $ 36 L.S. Install Landscaping for the lump sum price of dollars. $ $ 37 L.S. Install Irrigation System for the lump sum price of dollars. $ $ 38 L.S. 120 Day Landscape Maintenance and Plant Establishment for the lump sum $ $ price of dollars. Alt. 4,450 S.F. Construct Concrete Sidewalk for the unit 39 price of dollars $ $ per square foot. Alt. 4,450 S.F. Construct Colored and Stamped 40 Concrete Sidewalk for the unit price of $ $ dollars per square foot. Total Base Bid Prise for Bid Items 1 through 38, (Enter here and on Page 3) $ Words Figures Total Alternate #1 Bid Price for Bid Items 1 through 28, 30 through 38, and 39 (Enter here and on Page 3) $ Words Figures Total Alternate#2 Bid Price for Bid Items 1 through 28,30 through 38, and 40 (Enter here and on Page 3) Words Figures 9 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA } ) SS. County of ) being first duly sworn deposes and says that he is of the party making the foregoing bid;that such bid is not made in the interest of or on behalf of any undisclosed person,partnership,company,association,organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization,bid depository,or to any member or agent thereof,or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. DATED: SIGNATURE On this the day of ,2009,before me,the undersigned,a Notary Public in and for said State, personally appeared , personally known to me/proved to me on the basis of satisfactory evidence,to be the person(s)whose name(s) _... subscribed to the within instrument, and acknowledge that executed it. WITNESS my hand and official seal. Notary Public in and for said State 10 DESIGNATION OF SUB-CONTRACTORS Submit with Proposal In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended,the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid,and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone & Classification 1. 1 3. 4. 5. 6. 7. 8. BIDDER'S NAME AUTHORIZED SIGNATURE 1.1 INSTRUCTION TO BIDDERS Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination of Plans Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction 2006 Edition including all Supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist,but it is not to be inferred that all the conditions as shown thereon are actually existent,nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract.documents,or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth,or if the Engineer discovers errors,omissions,or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the.documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall.be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. 12 Disqualification of Bidders No person, firth or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder,or who has quoted prices on materials to a bidder,is not hereby disqualified from submitting a bid in his own behalf Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral,telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement of his experience,financial responsibility,technical ability,equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten percent(10%) of the aggregate sum of the bid,which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder,if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and,if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent(10%)of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. 13 G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work,the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons,firms,partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. O enin of Bid Proposals The City of San Juan Capistrano will,in open session,publicly open,examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of ninety(90)days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety (90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the"Notice Inviting Bids." The City of San Juan Capistrano,however,reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds,insurance and bid breakdown within fifteen (15)days after the bid opening date. The contract shall be trade in the form adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. 14 If the bidder to whom the award is made fails to enter the contract as herein provided,the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do SO. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent(100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in.a sum not less than one hundred percent(100%)of the amount of the contract,Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bands must be submitted on the forms contained in these specifications. Time Performance The work shall be commenced within fifteen (1 S) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of ninety(90) calendar days from the date specified in the Notice to Proceed has been set for completion of the work, and one hundred twenty(120) calendar days thereafter for the landscape maintenance. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof,or of funds to be received thereunder by the Contractor,will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said Code and as listed in the "Notice Inviting Bids." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefor. The Contractor will be required to execute a no fee City Encroachment Permit for construction work under this contract This Encroachment Permit does not satisfy the requirement for transportation permits for overload or overweight vehicles. The Contractor shall contact the Engineering Division for issuance of these permits, which will be issued no fee. 15 BID BOND KNOW ALL. MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated . for the construction of; Camino Capistrano/Del Obispo Street Intersection Improvement Project (CIP 111) for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (15) days after the agreement has been presented. to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the [after amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Executed this day of 2009, at California. BB-1 Principal By: Title: Surety By: Title: (Notarization and Seal) Approved as to form: Omar Sandoval, City Attorney BB-2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that as Principal (hereinafter called "Contractor")., and as Surety (hereinafter called "Surety„) are held and firmly bound unto the City of San Juan Capistrano, as Obligee (hereinafter called"City"), in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has, by written agreement dated entered into a (describe agreement): which contact is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: I. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. PB-1 6/16/2009 SUPPLEMENTARY AGENDA REPORT ®6 TO: Dave Adams, City Manager �G* FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract — Camino Capistrano/ Del Obispo Street Intersection Improvements (CIP 111) (Elite Bobcat Service, Inc.) RECOMMENDATION: By motion, award the contract for the Camino Capistrano and Del Obispo Street Intersection Improvements Project, to the low responsible bidder, Elite Bobcat Service, Inc., in the amount of$605,726.50, and reject all other bids. SITUATION: After distribution of the staff report, there was an error discovered in Attachment 2, in which the liquidated damages amount read "Two Hundred Fifty Dollars ($500)" when it should have read "Five Hundred Dollars ($500)" as it was written in the specifications. The contractor has confirmed its understanding that the liquidated damages amount is $500 per day (Attachment 1). RECOMMENDATION: By motion, award the contract for the Camino Capistrano and Del Obispo Street Intersection Improvements Project, to the low responsible bidder, Elite Bobcat Service, Inc., in the amount of$605,726.50, and reject all other bids. Respectfully submitted, Prepared by, Nasser Abbaszadeh, PE Nisha A. Patel, PE Public Works Director Associate Engineer Attachment(s): 1. Contractor Acknowledgement Page I of I Page Nisha Patel From: William Ellis Sent: Tuesday, June 16, 2009 8:55 AM To: Nisha Patel Cc: Joe A. Nanci; Manny Guerrero Subject: 90214-San Juan Capistrano Nisha, Please accept this e-mail as confirmation the Elite Bobcat Service is aware of the discrepancies of the LID amount in the contract and the project specifications. While the amount in the agreement is lower then the amount in the specifications,we acknowledge the correct amount for liquidated damages is$500.00 per calendar day for delays. Please feel free.to contact me if you need any other information. Thank You ... .... .. .. .. ........... . . ........... . Willie Ellis 1320 East Sixth Street, Suite 10 0 Corona, CA 92879 Ph. 951-279-6869 Fx. 951-279-9112 Cell 714-448-1136 6/16/2009 ATTACHMENT 6/1612009 AGENDA REPORT D6 TO: Dave Adams, City g iMana eP6 ��� FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract — Camino Capistrano/ Del Obispo Street Intersection Improvements (CIP 111) (Elite Bobcat Service, Inc.) RECOMMENDATION By motion, award the contract for the Camino Capistrano and Del Obispo Street Intersection Improvements Project, to the low responsible bidder, Elite Bobcat Service, Inc., in the amount of$605,726.50, and reject all other bids. SITUATION Summary and Recommendation Bids for the Improvements at the intersection of Del Obispo Street and Camino Capistrano were opened on May 20, 2009. Bids are valid until August 18, 2009, a period of ninety (90) days from the opening date. Staff is recommending that the City Council award the contract to the low responsible bidder, Elite Bobcat Service, Inc., in the amount of $605,726.50. Background This project will widen Del Obispo Street, modify and remove existing medians, .and provide dual left turn lanes, one through lame and combination through/ right turn lane in the westbound direction (Attachment 1). Also, portions of sidewalk along Del Obispo Street will be reconstructed to provide ADA compliant sidewalks. The Camino Capistrano western sidewalk north of Del Obispo Street will be reconstructed and widened to provide wider sidewalks and ADA compliance. The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street will be reconstructed to provide ADA compliance. Construction of this project may begin mid July. Bids were received as follows: M.S. Construction Management Group $856,890.00 Hillcrest Contracting, Inc. $727,166.50 Elite Bobcat Service, Inc. $605,726.50 All American Asphalt, Inc. $654,654.00 I.C.E. Engineering, Inc. $690,470.00 Agenda Report June 16, 2009 Page 2 C.T.E, East Bay Construction, Mission Paving, and O.C. Striping were listed as subcontractors with the Elite Bobcat Service, Inc. bid. Elite Bobcat Service, Inc. has not worked in the City of San Juan Capistrano in the recent past. Staff has checked their references and received very positive input about their performance in other cities. COMMISIONSiBOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The project has an approved construction budget of $582,000 in CIP No. 111 (included are MPAH Grant of $140,000, Proposition 1 B County Grant of $250,000, CRA funds of $140,000, as well as other funds all allocated for construction. Additional $243,600 in funds are included in the upcoming Capital Improvement Program for FY 2009/2010 to cover construction service costs, contingencies, staff time, and contract administration. This project was bid out with alternatives for the sidewalk; the alternatives were: 1. Concrete pavers 2. Standard concrete 3 Colored and stamped concrete Elite Bobcat Service bid the project for a cost of $605,726.50 (with concrete pavers). With the concrete sidewalk alternate the bid was $585,479.00, and with the colored and stamped concrete sidewalk alternate the bid was $596,826.50. Staff recommends the use of concrete pavers for the sidewalk. The price difference between alternatives is not burdensome, and the pavers are more in keeping with look and feel of downtown San Juan Capistrano. In the recent past, there has been some discussion about using CRA funds to replace the asphalt sidewalk in front of the EI Adobe Plaza facing Del Obispo Street and just east of the railroad tracks with a sidewalk to match what is being constructed with this project. Elite Bobcat Service has agreed to construct the approximately 1500 square feet of additional sidewalk with this project at the same unit cost shown in the bid. Staff recommends use of the designated CRA funds to replace the existing black top with concrete pavers. Agenda Report June 16, 2009 Page 3 NOTIFICATION M.S. Construction Management Group Hillcrest Contracting, Inc. Elite Bobcat Service, Inc. All American Asphalt, Inc. I.C.E. Engineering, Inc. RECOMMENDATION By motion, award the contract for the Camino Capistrano and Del Obispo Street Intersection Improvements Project, to the low responsible bidder, Elite Bobcat Service, Inc., in the amount of$005,726.5.0, and reject all other bids. Respectfully submitted, Prepared by, _..... Lasser Abbaszadeh, PE Nisha A. Patel, PE Public Works Director Associate Engineer Attachment(s): 1. Location Map 2. Contract ri p THE CITY OF SAN JUAN CAPISTRANO � F V, e.. .......... jt t1 g� x Ls n ny l 0 9000 6000 9000 Feet ATTACHMENT 1 CAMINO CAPISTRANO/M__ OBISPO STREET INTERSECTION_. .tPROVEMENTS (CIP 111) CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTR.ANO, hereinafter referred to as "CITY" and Elite Bobcat Service Inc. hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:, FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Biel-Bond,.the Non-Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions,: the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Camino Capistrano/Del Obispo Street Intersection Improvements(CIP 111), in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump. sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLE'T'ION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in. the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; C-1 ATT CwE T ;- therefore, CONTRACTOR &...il pay CITY, as liquidated damages, i.-. in the nature of a penalty, Two Hundred Fifty Dollars ($500) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the form found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof CONTRACTOR agrees that he, or any SUIS-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. C--2 CONTRACTOR shall maintain in full force and effect compre.-nsive automobile liability coverage, including owned, hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part: of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight(8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of C-3 this Agreement to verify the employment authorization of new employees assigned to perform.work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found att,tt}.�//w_ww,u.sc.is,gtg-,_ or access the registration page at htt.ass://�)yyv N1.j',d11s,cq11Vea1 I(Lv�tregjmratjon. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: MARK NIELSEN,MAYOR BY: JOSEPH NANCI-PRESIDENT CONTRAC RkLIC SENO. AND CLASSIFICATION ELITE BOBCAT SERVICE, INC. 720016-A EXPIRES 3/31/2010 ATTEST: Meg Monahan, City Clerk :PROVED S TO 'ORM: j Omar Sandoval, City Attorney C-4 } " 3¢4 i CS,C.'}^'S b.E tse k-,n $•• , 3 ar a,aw Et.a .i«.,� c�Mke wy-y;p,y ± e%NwlAskmi\.sB`.e?'HE kiH.P-±-iN.�"J�'Y.09— ,g.;�#�.SPS.q�,(.,�a(Re i^�r"q yi q�?.g'�' aY� �,CA 926 r �. -43� X99&,%Xrq ITL 1061 liamawmgm 177 DR_WAWft Wko NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, June 16, 2009 in the City Council Chamber in City Hail, to consider: "Consideration of Award of Contract - Camino Capistrano/Del Obispo Street Intersection Improvements (CIP 111)(Elite Bobcat Service, Inc.)" — Item No. ®6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 15, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Nisha A. Patel, PE, Associate Engineer. You may contact that staff member at (949) 443-6350 with any questions. The agenda, Including agenda reports, is available to you on our web site: www.san'uanca istrano.or . If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk _,sanjuancapistrano.org. Meg Monahan, MMC City Clerk cc: M.S. Construction Management Group; Hillcrest Contracting, Inc; Elite Bobcat Service, Inc; All American Asphalt, Inc.; I.C.E. Engineering, Inc ® ELITE BOBCAT SERVICE, INC. 1320 E. Sixth, suite 100 M'L�G INC. Corona, CA 92879-1700 (ELITE Soecar SMICE Phone: (951)279-6869 Fax: (951.)279-6832 GEN_FRAL ENGINEERING LETTER OF TRANSMITTAL DATES June 16,2009 COMPANY. City of San Juan.Capistrano ATTN Nisha A.Patel PROJECT": Camino Capistrano 1 Del Obispo Street Intersection Improvements(CIP 111) Re: Contract.Documents Please see attached contract bonds and insurance certificates for the above mentioned project. Should you have any questions or concerns,please do not hesitate to contact me. Sincerely, Willie Ellis Elite Bobcat Service, Inc, cc: EBS Job#90214 31'1712009 AGENDA REPORT E3 TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Resolution of Necessity Authorizing the Acquisition of Property for Del Obispo Street and Camino Capistrano Intersection Improvements (CIP No. 111) (APN 668-242-16; Owners: Plaza de Prosperidad, LP) RECOMMENDATION: Conduct the continued hearing; and by motion adopt a Resolution of Necessity authorizing partial acquisition of property at 31877 Del Obispo Street through eminent domain. SITUATION Summary and Recommendation As a. result of the widening and sidewalk improvements associated with CIP No.111, the City will need to obtain sidewalk easements, temporary easements, and right-of-way from several properties along Camino Capistrano and Del Obispo Street. The property at 31877 Del Obispo Street is owned by the Plaza de Prosperidad, LP. The property owner is aware that the City will be acquiring a portion of their property by eminent domain. The City Council heard this item on February 3, 2009, and continued it to the March 3, 2009 meeting. On March 3, 2009, the Council continued the hearing again for another two weeks to allow the property owners to complete their own independent appraisal. Based on the opinion of the City Attorney, the eminent domain action is necessary to comply with Government Code Section 1090, because one council member has an interest in the property. Staff is recommending that the Council adopt the attached Resolution of Necessity, Attachment 1, which authorizes and directs legal counsel to commence condemnation proceedings in the Superior Court, County of Orange, to acquire the property. Background Capital Improvement Project (CIP No. 111) Del Obispo Street and Camino Capistrano Intersection Improvements project will widen Del Obispo Street, modify and remove Agenda Report Page 2 March 17, 2009 existing medians, and provide dual left turn lanes, one through lane' and combination through/right turn lane in the westbound direction of Del Obispo Street. Also, portions of sidewalk along Del Obispo Street are being reconstructed to provide ADA compliant sidewalks and driveways. The Camino Capistrano western sidewalk north of Del Obispo Street is being reconstructed and widened to provide wider sidewalks and ADA compliant driveways. The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street is being reconstructed to provide ADA compliance. Additionally, the Plaza de Prosperidad parking lot and Washington Mutual driveway will be redesigned. City staff negotiated with Tony and Orrie Brown, and Mike Eggers, who represented the managing partners for many months. However, late last year, Mr. Eggers informed the City Attorney that one of the members of the partnership was a member of the City Council, at which time the City Attorney and Mr. Eggers agreed that the City could not enter into an agreement with the partnership for acquisition of the portions of the partnership property required for the capital improvement project. Staff then determined that pursuant to Government Code Sections 1090 and 1091, an eminent domain action must be filed so that the court could approve a settlement agreement to comply with the Eminent Domain Law and the conflicts of interest law. Staff proceeded to take the steps necessary to obtain Council authorization to commence eminent domain proceedings. At its January 6, 2008 Council Meeting, the Council agreed to initiate the eminent domain process by sending letters of notice of hearing to adopt a Resolution of Necessity to the managing partners of Plaza de Prosperidad. The notice established February 3, 2009 as the hearing date. At the public hearing of February 3, 2009, attorney Rick Rayl of Nossaman LLP filed an objection and did object to the adoption of the Resolution of Necessity on behalf of Plaza de Prosperidad on various grounds, including the assertion that the managing partners of Plaza de Prosperidad had not received the statutory offer required by the Eminent Domain Law in sufficient time to obtain an independent appraisal and engage in meaningful negotiations with the City. The offer was sent by electronic mail and regular mail on January 30, 2009 (a copy of the e-mail to Tony and Orrie Brown, and Mike Eggers is attached as Attachment 2). The City Council agreed to continue the public hearing for another four weeks to allow Mr. Rayl and his clients to obtain their independent appraisals. The Council continued the hearing to its meeting of March 3, 2009. Prior to the hearing on March 3, 2009, Mr. Rayl once main filed an objection to the adoption of the Resolution of Necessity, continuing to assert, among other issues, that the City still had not allowed sufficient time to engage in meaningful negotiations. Although staff believes that the Council allowed sufficient time for Mr. Rayl and his clients to obtain their independent appraisal, the City Attorney informed the Council that he had had communications with Mr. Rayl and had learned that they had not yet obtained their appraisal. The City Attorney recommended that the Council further Agenda Report Page 3 March 17, 2009 continue the hearing to March 17, 2009. The Council agreed and continued the hearing as recommended. At the first hearing, the Council did consider: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired is necessary for the proposed project; and All of the findings can be made because the property is the minimum required to implement the Circulation Element, relieve congestion in the area in question, and upgrade the public facilities to comply with the Americans with Disability Act. Subsequent to the City Council continuance of this item on February 3, 2049, staff contacted Mr. Rayl and furnished him with the latest information related to this project (Attachment 3). Staff has not heard from the property owners or Mr. Rayl at the time this report was prepared. Approximately 1838 square feet of property will be taken in fee simple from Plaza de Prosperidad. ENVIRONMENTAL REVIEW The City's Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines, issued a negative declaration pursuant to Section 15070 of those guidelines, caused a Notice if Negative Declaration to be posted pursuant to Section 15472 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970). FINANCIAL CONSIDERATIONS Adequate funds are available in the project budget for the acquisition. NOTIFICATION Mr. Tony and Mrs. Orrie Brown, Plaza De Prosperidad, LP Mr. Rich E. Rayl, Esq. Agenda Report Page 4 March 17, 2009 RECOMMENDATION Conduct the continued hearing; and by motion adopt a Resolution of Necessity authorizing partial acquisition of property at 31877 Del Obispo Street through eminent domain. Respectfully submitted, Prepared by, Nasser Abbaszadeh, PE Nisha A. Patel, PE Public Works Director Associate Engineer Attachment(s): 1. Resolution of Necessity for Plaza de Prosperidad property 2. E-mail to Mr. Tony and Mrs. Orrie Brown, and Mr. Mike Eggers 3. Letter to Attorney Mr. Rick E. Rayl RESOLUTION NO. 09-` A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY (APN No. 668-242-016) LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFORE. (PLAZA DE PROSPERIDAD, LP) (CIP 111) WHEREAS, the City of San Juan Capistrano ("City") is a public body, corporate and politic of the State of California, organized and operating pursuant to the laws of the State of California, and is authorized as specified herein to take real property by condemnation and to hold, use and enjoy such property as necessary to fully exercise its powers; and WHEREAS, the Public Works Department, on an on-going basis, considers, investigates and engages in the acquisition of properties for the purpose of constructing capital improvement projects with the intent of securing all essential properties needed to implement the General Plan Circulation Element, Arterial Highway System, and in this case by constructing CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements (the "Project"); and WHEREAS, the Project consists of the Del Obispo Street and Camino Capistrano Intersection Improvements, which will widen Del Obispo Street, modify and remove existing medians, and provide dual left turn lanes, one through lane and combination through/right turn lane in the westbound direction of Del Obispo Street; portions of sidewalk along Del Obispo Street are being reconstructed to provide ADA compliant sidewalks and driveways; the Camino Capistrano western sidewalk north of Del Obispo Street is being reconstructed and widened to provide wider sidewalks and ADA compliant driveways; the northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street is being reconstructed to provide ADA compliance; finally, the Plaza de Prosperidad parking lot and Washington Mutual .driveway will be redesigned; and WHEREAS, the City and through it's Public Works Department has determined that the acquisition of approximately 1838 square feet, located on a portion of Parcel 1 of Parcel Map 89-434, in the City of San Juan Capistrano, County of Orange, State of California, as shown on map filed in Book 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County as Assessor's Parcel Number 668-242-016 and as further described in Exhibit 2 of Exhibit A attached hereto (the "Property") represents a necessary and essential component of the City's successful completion of the Project; and WHEREAS, more specifically, the City has determined that the Property's ultimate use upon widening the street is an essential component in relieving traffic congestion by reducing the delay time (improving the level of service); and Page i of 5 ATTACHMENT 1 WHEREAS, the City has pursuant to Section 15063 and 15064 of the CEQA Guidelines, issued the City's acquisition of the Property in furtherance of the Project a mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included; and WHEREAS, the City is authorizes[ to acquire the Property by condemnation pursuant to the provisions of California State law, including, but not limited to, Article 1, Section 19 of the California Constitution and California Health & Safety Code §33037, in order to carry out the business of the City, such power being exercised pursuant to the provisions of Section 1230.010 et seq. of the California Code of Civil Procedure; and WHEREAS, on January 30, 2009, the purported owners of the Property were mailed an offer to purchase the Property, Assessor's Parcel No.:668W242- 016, meeting the requirements of California Government Code section 7267.2 (the "Offer Letter"), a true and correct copy of the Offer Letter being attached hereto, inclusive of its various exhibits, and incorporated herein. by this reference as Exhibit B, and WHEREAS, on January 16, 2009, the City mailed the owners a legal notice of the intent to adopt a resolution of necessity to acquire the Property in fee simple by eminent domain pursuant to and in compliance with the requirements of California Code of Civil Procedure section 1245.235 (the "Notice Letter"), a true and correct copy of the Notice Letter being attached hereto, inclusive of its various exhibits, and incorporated herein by this reference as Exhibit A; and WHEREAS the Property is legally described on the first and third page of Exhibit 2 to Exhibit A attached hereto and graphically reflected on the second and fourth page of Exhibit 2 to Exhibit A, an assessor's map showing the Site; and WHEREAS, the Notice letter advised the owners of a public hearing in this matter before the Council on February 3, 2009, and the City Council held a public hearing on this date (the "Hearing") and continued the Hearing on March 3, 2009, and then further continued the hearing to March 17, 2009, at which date the matters set forth in California Code of Civil Procedure section 1240.030 were discussed, including the following: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner .that would be most compatible with the greatest public good and the least private injury, Page 2 of 5 c) Whether the property sought to be acquired (which is described herein) is necessary for the proposed Project; and d) Whether the offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record; and WHEREAS, the City, via the Notice Letter, has provided all persons whose names appear on the last equalized County Assessment Roll as having an interest in the Property with a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, at the Hearing, Staff presented a written report to the Board, supplemented by oral information, regarding the proposed Project and the matters set forth herein; and NOW, THEREFORE, BE IT RESOLVED, the City Council, by vote of two- thirds or more of its members, hereby declares, finds, and determines as follows: 1. The recitals above are true and correct and incorporated herein by reference. 2. The public interest and necessity require the acquisition of the of the Property, to wit that certain real property described and reflected in the first and third page of Exhibit 2 to Exhibit A attached hereto (heretofore referred to as the "Property"). The City Council finds that the acquisition of the Property is necessary to widen Del Obispo Street to accommodate the ultimate geometry of the General Plan Circulation Element, Arterial Highway System. 3. The public interest and necessity require the acquisition and taking of a fee simple interest in the Property in order for the proposed Project to proceed, the proposed Project being a public use authorized by law and the California Constitution and California Health & Safety Code §33037, among other provisions of the statutes of the State of California, permit and empower this acquisition by the City through its exercise of the power of eminent domain for the stated public use. 4. The Property sought to be condemned in this matter is legally described on the first and third page of Exhibit 2 to Exhibit A attached hereto and incorporated into this Resolution of Necessity. 5. The public interest and necessity require the proposed Project. 6. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. Page 3 of 5 7. The Property sought to be acquired, is necessary for the proposed Project. 8. The offer required by Government Code section 7267.2, subdivision (a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section 7267.2, Subdivision (a). 9. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property. 10. The reports presented by Staff on February 3, March 3, and March 17, 2009 are hereby incorporated by reference. 11. The law firm of Woodruff, Spradlin & Smart, is hereby authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions in the Superior Court of the State of California in the name and on behalf of the City against all owners and persons and entities claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Property, including obtaining warrants for deposit of funds, orders for pre-judgment possession, and other steps necessary to acquire fee simple title to the Property, unless a lesser estate has been specified herein, by and for the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 17th day of March 2009. MARK NIESEN, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK Page 4 of 5 I _..... i EXHIBIT A [Notice of Hearing Letter on Resolution of Necessity, which attaches Exhibit 1 (copy of Government Code section 7267.2) and Exhibit 2 (legal descriptions and site maps)] 3 I i E 3 E , ! i Page 5 of 5 Exhibit A I Y// O .32400 PAST-O ADELANTO �' f yY�€/�� MEMBERS OF THE CITY COUNCIL '3 SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 f[, RRR 333 SAM ALL EVAfC1 (949)493-1053FAX o �! IalaavaAarEa IAUIwFFCEE3I �, 14 1 THOMAS W.HRIBAR www.sanjuancapistrano.org SaYt f.FLaYlCapiS#rano.Or �A �" ' MARK NIELSEN j • • OR.LONDRES USO 1 ' 1 1 NOTICE OF HEARING REGARDING INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN,ASSESSOR'S PARCEL NUMBER 668-242-16 (California Code of Civil Procedure Section 1245.235) January 16, 2009 To: Plaza de Prospeddad, LP cio Mr. Tony and Mrs. Orrie Brown 32432 Alipaz Street,Suite Al San Juan Capistrano, CAA 92675 From: City Council for the City of San Juan Capistrano Dear Mr. Tony and Mrs. Urrie Brown: 1. Notice of Intent of the San Juan Capistrano City Council°to Adopt a Resolution of Necessity. The City Council intends to, consider the adoption of a i Resolution of Necessity or. February 3, 2009, that if adopted, will authorize the City of San ,luau Capistrano ("City') to acquire the property described herein by eminent domain for the CIP II I- Del Obispo Street and Camino Capistrano Intersection Improvements. A description of the property being considered for acquisition accompanies the proposed Resolution of Necessity, which is attached hereto as. Exhibit 2 and incorporated herein to this Notice hereinafter the CProperty") i You are being provided notice as your name appears on the title and/ or last equalized County of Orange assessment roll. The statutes that authorize the City to acquire the property by eminent domain, includes, but are not limited to, for this proposed project are Streets and Highways Code Section 10102 (street right of way); Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 5100 at seq. (Street Improvement Act acquisitions). 2. Notice of Your Right to Appear and be Heard. Please take notice that the City Council of City, at a regular meeting to be held on February/ 3, 2009, at.61:30 . p.m., or as soon thereafter as the matter may be heard, at 32400 Paseo Adelanto, San Juan Capistrano: Preserving the Past to Enhance the,Future �� Printed an 10€7%retytW paper Page 2 Mr. Tony and Mrs. Qrrie Brown Council Chamber, San Juan Capistrano, California, will.hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for-the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or,not to adopt the proposed Resolution of Necessity: i a. Whether the public interest and necessity require the proposed project; b. 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; C. Whether the property sought to be- acquired by eminent domain and described in the Resolution of Necessity is necessary for the-proposed project; d. Whether the offer required by Government. Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/ summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b), and(c), a copy of which is attached hereto; e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to tape") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; j and f. Whether the City has the statutory authority to acquire the.property by eminent domain. i 3. Failure to File a Written Request to Be Heard within Fifteen(16) Days After the Notice was Mailed will! Result in Waiver of the Right to Appear and be Heard. If you desire to be beard, please be advised that you must file a written request E with the City Clerk within ffteen (15) days after this Notice was mailed. You must file your request to be heard at the San Juan Capistrano City Hall, 32400 Paseo Adelanty, San'Juan Capistrano, California 92675. j Should you elect to mail your request to the City Clerk, it must actually be received by the City Clerk for filing within (t 5)days atter this Notice was mailed.. The date the mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(0)(3) provides that"Failure to file a written request to appear and be heard within frfteen (15) days after the Notice 3 i i Page 3 Mr. Tony and Mrs. Orrie Brown was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that ars:the subject of the hearing. If you elect not to appear andbe heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. 'i if you elect not to appear and not be heard,your failure to appear will be a waiver of your right to.later challenge the right of the City to take property by eminent domain. E The Notice is not intended to foreclose future negotiations between you and the representatives,of the City on the amount of compensation to be paid for your property. If the City Council elects to adopt the Resolution of Necessity, then within six (6) months of the adaption of Resolution, the City will commence eminent domain proceedings in Superior.Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. j Dated and mailed on January 16, 2008. Dave Adams, City Manager Attachments Proposed Resolution.of Necessity Exhibit 9-Copy of Government Cotte section 7267.2, subdivisions (a), (b), (c) Exhibit 2-Legal Descriptions and site maps j C: Omar Sandoval Nasser Abbaszadeh I I I j 1 7771 I i i Government Code Section 7267.2, subdfvislons (a), (b), and (c) (0) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure aril initiating negotiations for the acquisition of real . I property, the-public entity sliall-establish an amount which it believes to be just I compensation-therefore, and shell matte.-an offer to the owner. or owners of rec4rd to acquire the property for the full amount :so established, unless .the owner cannot be located with reasonable diligence.The o€€er may be canditloned upon the legislative body's rat ificaticin of the offer by.execution of'a'contract of acquisition or adoption of a resolution.,of necessity or both. Irl no event shall the amount be less than the public entity's approved appraisal of'the. fair market value of the property. Any decrease or increase in the fair market-value of real property to be acquired :prior to.the date of-.valuatlon caused' by the public improveaient for which.the property Is acquired, or by the likelihood that the property would be acqulfed:for the improvehlernt, other than.that due to physical deterioration within the reasonable control of the -owner.-or Occupant, shall be disregarded in determining the compensation for the property. (b) The-public erifity shall provide the owner of real'propertyAo b acquired with. a written statement of, and summary of the basis for, the amount it j established as just compensation,•The written statemm ent and sumary shall contain detail sufficient to indicate cleariy`the basis for the offer; including, but r.16t limited to,all of the-following:information: . (t) The date Of.valuation' highest and best use,-and applicable.zpning .property:. .(2)' The .principal transactions, reproduction or replacement cast analysts, or capitalization 'analysis;'strpporting the determination of value . (3) There apprpprlate, the just compensation' f6r the real properly a tared anal for damages-to • �'{ remainingreal roe shall be p p � separately.stated .and shall include the calculations-artd narrative expignation supporting the- ns tion, including irrrry offsetting'. 1*nefds. (c) . Ylhere.the property involved is owner occupied"residential`-praperty and contains'no more than faros residential,units, the homeowner shall, ypan request, E be allowed to. rev!eW'a copy of the appralsal U'po whic hh the offer`ia'b�tseI. The ttbllc entity may, but is not require d-to, .satisfy.tha wrlfteh statement, summary,. and review req heir enfs of this section by providing the owner-.a copy of the appraisal on which the ofl=er'ls basad. - EXHIBIT 1 L , j EXHIBIT"A"' PRELIMINARY LEGAL DESCRIPTION Portion of Assessor Parcel 668-242.-16 Permanent Easement That portion of Parcel 1 of Parcel. Map 89-434, in the City of San Juan Capistrano, County of Orange, State of Califarn.ia,.as shown on map filed in Book 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County, described' as follows: Beginning at the most southwesterly,corner of said Parcel 1; Thence along the southwesterly':I ne of said parcel, North 36°44`58"West., 1.5.76 feet to the 44nning.of a non tangent curve concave northerly and having a radius,of 1450.00 feet, aradial line to said point.bears south 000'09'07'° East; Thence easterly along.s'a'id curve; 62,33 feet through a central angle of 02°2746"to the beginning of a compound curve concave northwesterly and having a radius of 283.00 feet; Thence northeasterly,along.said curve, 85.88 feet through a central angle of 17°23'15" to the.beginning of.a.compound curve concave northwesterly and having a radius of 274..00 feet; Thence northeasterly along said curve, 145.74 feet through a central angle of 30°28'35" to the most easterly corner of said Parcel 1, being ori the northwesterly line of Del Obispo Street, having,a.northwesterly half-width of 3.6..00 feet, said paint lasing the point of cusp of.b curve concaV.eL northwesterly anal having-a radius.of 314.00 feet, a radial line to said curve bears South 50°28`43" East, Thence southwesterly along said curve rand.northwesterly and northerly line of Del Obispo Street, 282_07 feet through a central angle.of 51°28'1:3"; a Thence continuing alohg-said northerly lime., North.89900'30"West; 6.75.fleet to-the Point of Beginning,. Contains 1,677 square feet, more or less As shown on Exhibit "B" attached hereto and try this r-efererrce made a pdA hereof David O. Knell PLS 5301. Date : 0. ;.rt<�� �<! rw C.ISaenJuanCap!sr n61668-2:42-16.doc Npember 1 i,2008 EXP. 12-31-05 3 i EXHIBIT 2 i I 3 7 i EXHIBIT I r 111 No 89-4j4 PARCEL c' r 1 A f � alit ��� r"i?�_ 4ill f zf m '.D-02`Wx!5" i g�j'.8a' t •z,u�!' R=145'0.00' L=C62.33` lb— TB svo DEL 'f 3 j E PRELIMINARY E Vi l p 4N SCALE 0- 40' Pare DEC 1.0, 2008: K E T G H T Q ACCOMPANY ENGINEERS D PLANNERS DRAWN BYD.HEYERf�ACH &68-242-iG.13GN 73f91 CROSSROADS PARKI'AY N(1TH, SUITE 405 [NOUSTRY'. CA. 97745-3497, LEGAL. DESCRIPTION (567) Sae-�zua _ KMED BY D.KNELL SKAP/DEL/R�ITAKES EXHIBIT"A" PRELIMINARY LEGAL DESCRIPTION Portion of Assessor Parcel 668-242•-16 ..Sidewalk Easement That portion of Parcel '1 of Parcel Map 89-434, in the City of San Juan Capistrano, ' County of Orange, State:of California, as shown on map filed in Book 255 Pages 36 and 37.of Parcel Maps, Records of said Orange County, described as follows: Commencing at.the most southwesterly corner of said Parcel 1; Thence along the.southwesterly lirle of said garcel, North 36°44'58"Vilest, 15.76 feet to the beginning of a riotltangent.curve concave northerly and having a radius of 1450,00 feet,a radial tine to said point bears South 0069'07" East; Thence easterly along said curve, 62,33 feet through a central angle of 02°2746" to the beginning.of a compound curve concave northwesterly and having a radius of 283.60 feet; Thence northeasterly along.said curve, 16.08 feet through a central angle of 03'15'22" to the True Point of Beginning; Thence conflnuing northeasterly along said curve, 69.80 feet through a central angle of 14007'53"; Thence tion•-tangent Narth- 73A45'59"West,7.02 feet, Thence South 72007'03"Vilest, 10.40 feet; Thence South 52°15'2:4"West,. 5:64 feet to the beginning of a non tangent curve having a radius of 2.81.00 feet and being concentric with. the above referenced carve having a radius of 2.83.00 feet,,a radial line to said point bears South 15°3745" East; Thence westerly'along said curve, 41.78 feet through a central angle of 08'3'1''11'; Thence non-tangent South fi °20448"Vilest, 6.42 feet to the True Point of Beginning. Contains 161 square-feet; rnore�or less As:.shown ort Exhibit"B'attached hereto and by this reference shade a part hereof David 4. Knell PLS 5301 Date c;IsanJuancapisrana16�8-242-1:6.doc. C � ? Becarn.ber 11,2008 L;S.530.1 Exp. 12-3 i-t39 i i i I EXHIBIT BB iB .I j� 1 3 , .r CEF ! - C`\ 255 i, u;i t o J>�ip ;�4t%.min:ok v \. Qt`s c> E E cr z,i r10 sri D=02°27.QBN rq to LZI L-41.700` iF\r \V l yA•Q E •z., 13=1450-00' + tx-t. FLE1 III . y t"`. $ r TP0 � � �...:,._ C1=5t'�8'7.3" •_ 0�47p�g`15" �$i RAC 5.75`.75, `30: W �•�! C� r os.1 A= PRELIMINARY WIC I_DAN W:Mdse 5CALE -.40` GATE DEQ Ia. Zooa ENGINEERS PLANNERS SKETCH TO ACCOMPANYi3+4+ CROSSROADS PARKWAY kiRTw, SUITE 4gg OkA� BY 0.8£YERBACH 668242-165.D1,�i 114OUSi11Y. CA. 4+746-3497 LEGAL DESCRIPTION (5621 90"200 MECKED BY ©.KNELL WAP/0EL/RVA05 it3 32400 PASEO ADELANTO MEMBERS OF THE CRY COUNC31. SAN JUAN CAPISTRANO,CA 9267 (049)493-1171 kk SAM ALL I@IBRP9B8€f6 LAUSA FREESE. (949) Q9$ 1053 PAX • EffaBUSAe ���� THOMAS W.WIRAR www sarijuancapistrano.org 1776 3unRtc NELsEN s Ps OR LONDRES USO January 30, 2009 Mr. Tony and Mrs. Orrie Brown Plaza de Prosperidad, I_P 32432 Alipaz Street, Suite Al San Juan Capistrano, CA 92675 RE: CIP 1 11 - Del Obispo Street and Camino Capistrano Intersection Improvements i Dear Mr.Tony and Mrs. Orrie Brown: i ' The City of San Juan Capistrano is engaged in a project to acquire land to construct improvements at the intersection of Del Obispo Street and Camino Capistrano. As part of this project the City desires to acquire property located on the north side of Dei Obispo Street. A preliminary titlereport indicates that APN 666-242-16, of which the City wishes to j acquire 1838 square feet(Parcel"), is vested with Plaza de Prosperidad, LP. This correspondence is being sent to you as Government Code section 7267.9 provides that a public entity shall make every reasonable effort to expeditiously acquire real property by negotiation rather than by litigation in the form of condemnation action. California Government Code section 7257.2 (a) provides that before initiating negotiations for the acquisition of real property the City shall. Make an offer to the owners of record to acquire the property for the full amount that the public entity has established as just compensation; Make an offer that is not less than the public entity's appraisal of the fair market value of the property; Provide the owner(s)with a written statement and summary basis for the amount that the Agency has established as just compensation; and Provide the owner(s) with a general statement of information regarding the acquisition of property by a public entity In order to initiate negotiations regarding the proposed acquisition of the Parcel (962 square feet, your entire property), the City has enclosed (1) an Offer to Purchase and (2) a Statement and Summary of the. Basis for Appraisal and Amount of Just Compensation ("Appraisal Summary Statement"). The purchase offer Is for the full San..warn Capistrano: Preserving the Past to Enhance the FuturE EXHIBIT B Printed ors 100%recycled paper- .. ......:... ... i Page 2 Air. Tony and Mrs. Carrie Brown amount the City believes to be just.compensation for the Parcel and is not less than the approved appraisal of the Parcel's fair market value. The basis for the City's offer is explained in the.attached Appraisal Summary Statement. If you are concerned about the propriety if the City's valuation of the Parcel, you may wish to obtain an appraisal of the Parcel. under Code of the Civil Procedure section 1263.025,.the City is obligated to offer to pay for the reasonable costs, not to exceed fire thousand dollars ($5000), of an independent appraisal ordered by the owners of the Parcel. The independent appraisal must be conducted by an appraiser licensed by the Office of Real Estate Appraisers. After you have had an opportunity to consider the Offer to Purchase and Appraisal Summary Statement we will be contacting you to discuss the acquisition of the Parcel. We have enclosed a "Statement of Information Relating to Acquisition Procedures for Purchase of Real Property or an Interest Therein" by a public entity that may or may not be applicable to this proposed acquisition. I We thank you for your time and look forward to negotiating an agreeable settlement for the acquisition of this Parcel. If you have any questions regarding the City°s . proposal, please contact Nisha Patel at(949)443.5350. Sincerely, i Dave Adams City Manager. Attachments C: Omar Sandoval NasserAbbaszadeh ,i i OFFER TO PURCHASE 1 (Government Code suns 7267.1(a)and 7267.2(a)) The City of San Juan Capistrano ("City") is proposing to construct°improvements at the intersection of Camino Capistrano and Det Obispo Street and seeks to acquire property located on the side of Del Obispo Street, including 1838 square feet of real property known as APN: 668-242-16 (the 1838 square feet is referred to as the"Parcel').A preliminary title report'indicate.s that(1).APN 668-N2 16 is vested with Plaza de Prosperidad, LP. The City has established through an appraisal that the:fair market value and amount it belle'ves to be just compensation for the Parcel is One Hundred and Twelve Thousand Dollars($112,000.00) The City, therefore, proposes and makes a formal offer to acquire the entirety of the Parcel under the following terms and conditions: The City, therefore, proposes and makes a formal offer to acquire the entirety of the Parcel under the following terms and conditions: 1. Purchase Pricer The City offers to pay as compensation for the acquisition of the Parcel the cash sum of One Hundred and Twelve Thousand Dollars and Zero Cents($112,01)0,00). 3 2. Title: The City must receive title to the 1677 square foot portion of the Parcel in fee simply:form free of any encumbrances.The City roust receive title to the 161 square foot portion of the Parcel in fee simple for sidewalk purposes. i I Closing; Min sixty(60)days of the opening of escrow(or sooner as the parties may agree after title is cleared). 4. Closing Co t5 and Escrow Fees: City to pay closing costs and escrow fees. 5. Due Diligence Period: The City will have reasonable areas to the Parcel aim sufficient time to conduct its due diligence, including environmental assessment, at the City's cost, and review and approve title. 6. Definitive Purchase Agreement., The parties will execute a definitive Purchase and Sale Agreement(the "Purchase Agreement')in a farm satisfactory to both parties. The Purchase Agreement will set forth all the terms and conditions associated with the purchase transaction. 7. Taxes Liens and Encumbrances: Prior to the close of escrow, owners shall pay all current and past due taxes, liens, outstanding debts, and special assessments. City shall pay recording fees, transfer taxes, and pro Leta portion of real property taxes or special assessments that are allocable to any period after the close of escrow, The owners shall otherwise convey title free and clear of any encumbrances. 8. Cooperation between the Parties: The parties agree to cooperate,in the execution of all necessary documents. 9. Broker Involvement: If this transaction involves a broker, sellers shall be solely responsible for paying any real estate commissions or other fees. For your information,when property is sold to the City, there is the same obligation as in a private transaction for the owners)to pay through escrow the amounts needed to remove liens and encumbrances. If you elect to accept this-offer, you will be to sign a formal written Purchase Agreement and grant deed conveying the Parcel to the City, which must then be ratified and approved by City Council. if you have any questions regarding the City's proposal, please contact ills. Nisha Patel (949)443-6350. f i { i Stitgoent of information Relating to Acquisition Pnnedures.for Purchase of Real Propwty or an Interest therein Real property acquisition and relocation guidelines provide that each r from whore the City of San Juan Capi ano {"GM purchasesrest pro .or an interest therein,.or each tenant owning improvements on said property be prodded the following info rmatidn that may or may not be 'applicable to your property and the . proposed acquisition. You-are entitled to receive fall payment prior to vacating the real,property being purchased .unless yoga waive-such entitlement. You -are not required to pay recording-tees, transfer taxes, or the,pro-rata pardon of rest property taxes that are allocable to'any period subsequent to,the,passage of title or possession. 2. The City will oar to purchase any remnant(s)..considered -by ft City to be Uneconomic snits-that are owned by.you or, V applicable, occupied by you as a I tenant and that are contiguous to the land beim conveyed. 3: 'All buildings,.structures, and other improvenvnts affixed to the land described in the referenced. document(s) covering. this transaction and owned by the grantor(s) herein'or, if applicable, owned by you as a tenant are beim conveyed unl other disposition of these improvements has been rade. The interest acquired cq is the entire fee as described lin the eno#tased offer. 4_ The amount determined .to be Just compeniaon was deterrn reed, after consideration of an appraisal of the fair rear t'value of the property. The basis for the amount determined to be lust compensation. is summa rized on the . attached Statement and Summary of the Basis for the mount Established as Just'Compensation.The arnount of the a. Represents the full.amount that the City establikhed as.the arno_unt that: it believes to be just compenson; b. Is no less than the full amount of the City's approved appraisal of fair market value 1br the property to be purchased;' c. Disregards any decrease or increase in.the fair market value of the real ' property pr sed to be acquired prior to the date of valuation caused' --------- bY_the._public.improvement_ .. afor which_the p rty is to be- uired or' the iik�ih®od a props y ld a acquires 8 ch:OjjWj ___.._..._. improvement' other than due to 'deterioration Mthin -the reasonable control of the owner or occupant d. Does not reflect any'oonsideration of or allowance forr any relow#on assistance and payments or other benefits the owner is mMed to receive.under an agreement with the City;,and e. Considers any-dire inubon- in valve to the remainder .of the pane caused by a partial taking of the entre:parcel. 5. The owner of a businconducted on a property to be acquires,.or conducted I on the'remaining property which will,be affecW by the purcha of the required property, rpay be entitled to compensation for the loss of goodwill. Entitlement is contingent:upon the business-o mees ability to prone such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of CIA Procedure: 6. "Fair lViarket Value"as used In the offer and by the appraiser is "the hl gest price on the date of valuation that would be agreed by a seller, being Wiling to sell but Under no particular or urgent necessity'far:doing so, nor obligated tosell, and a' j buyer, being ready, willing and able to buy but.under no Oarficular necessity-for so doing, each.dealing with the full knowledge of all the arses, and purposes for.. which tie-property is -reasonably adaptable-and available." (Code of Civil Procedure section 9263.320). 3, . If you ultimately elect to.reject the-offer of the City-for your property, your are entitled to have the amount of compensation .determined by a court of law in accordance with the laws of the Mate of California. . Appraisal Summary Statement Basis of Appraisal.The market Value for the properly to be acquired is based upon an appraisal prepared in accordance with accepted appraisal principals and procedures,Recent sates of comparable properties, income data,and depreciated replacement costs are utilized,as appropriate.pull consideration is given to E zoning,development potential,and income the property is capable of producing. General Property Data e Larger Parcel Owner: Plaza De Prosperidad Subject Pro perty Location: 31877 Del Obispo Street San Juan Capistrano,California Assessor's Parcel Number: 668-242-16 Present Use! Business center Highest and Best Use:- As improved Total Property Area of Larger Parcel(S ) 0.94 acres(40,946.40 SF) Property:Considered for Acquisition: Permanent easement 1,677.00 SF Sidewalk easement 161.00 SF E - E Basic Property Data - Proposed Acquisition I Interest Valued; Fee,permanent easement,sidewalk easement Area to be Acquired: Permanent easement- 1,677.00 SF Sidewalk easement 161.00 SF Date of Valuation: January 15,2009 Applicable,Zoning: General Commercial Improvements: Portion of hardscape and landscape Physical Limitations: None Principal Transactions: See attached Replacement Cost Analysis: rt/a Capitalization A.rralysis: n/a Appraisal Summary Statement Plaza De.Prosperidad Ownership 31877 [del Obispo Street, San Juan Capistrano 7 Market Va(ue b Proposed Acquisition Permanent Easement: $75,465 Sidewalk Easement: $7,245 Improvements: $28,653 Severance Damages to the Property 1 Due to the Proposed Acquisitioi: $0.00 Calculations for Arriving j of Severance Damages:. See attached E Narrative Explanation Supporting . Compensation- Including Offsetting Benefits: See attached Total Just Compensation for A4dquisition (rounded): $112,000 Appraisal Firma: Hennessey&Hennessey LLC . Prepared by(signature): 1 lit Name(printed): Sharon A.Hennessey Date: January I S,2009 Definition of Fair Market Value (See Code of CivilProcedure 1263.320,a&b) (a) The fair market value... is the highest"price on the date of valuation that would be agreed to by a seller,being willing to sell but under no particular or urgent necessity for s doing,nor obliged to sell,and a buyer,being ready;willing and able-to buy under no particular necessity for doing so, each dealing with the other with full knowledge of all the uses and purposes for e✓hich the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Appraisal Summary Statement Plaza[fie Prosperidad Ownership 31877 Del Obispo Street, San Juan Capistrano 2 i VAlue - Larger Parcel Market Data Summary-Vacant Land Transactions site Date Size SF Sales Price i Location of Sale Zoning- Traffic Count (Acres) Price per SF 1 2 Journey. 5)08 BP N/A- Journey 47,742 $2,700,000 $56.55 Arca Viejo (L10) 2 ll Camino Real 9/07 NC3 13,000- El Camino Real 19,602 $500,000 $25.51 San Clemente (0.45) 3 21522 Piano Trabuco Rd. 5107 RL n1a- Piano Trabuco Rd. 82,328 $3,850,000 $46.76 Rancho Santa margarita 4 33741 Camino Capistrano 1110 CM 20,000- Camino Capistrano 16,501 $605,000 $29.88 San Juan Capistrano (0.38) 5 NWC Santiago& 9106 MCC 17,000- El Camino Rest 13,000 $755,00d $58.08 FJ Camino Rea( (0.30) San Clemente i The value of the larger parcel(land only)is calculated as: .i 40,946 SF x $45.00 per SF = $1,842,570 E Value - .Part Taken E Land Value The City of San Juan Capistrano is acquiring two easennents.one is a permanent . easement for street improvement purposes,and the other is a sidewalk easement.These I acquisitions are considered tantamount to a fee acquisition and will be paid for as such. The valve of the parts taken contributes,to the value of larger parcel based on the average value of the whole.The appraisal of the larger parcel's site indicates a land unit rate of$45.00 per SF: The value of the land within the part taken is calculated as follows: Permanent easement: 1,677 SF x $45.00 per SF = $75,455 Sidewalk easement 161 SF x $45.00 per SF = 7,245 $82,710 Improvement Value The costs of the improvements within.the parts taken were obtained from Marshall Valuation Service published by Marshall& Swift. To these costs the local and current . cost multipliers were added.The depreciation percentages were also obtained from this Appraisai.Saammary Statement Plaza De Prospe ddad Ownership 31877 Del Obispo Street,San Juan Capistrano 3 cost manual,Only the items not being replaced as part of the City's construction are paid for below. Irrigated lawn 190 SF x$2.93 $557 0% $557 Trees 6 x$3,455 $20,730 0% $20,730 Irrigated landscaping 706 SF x$8.23 $5.810 0% $5,810 Stamped Concrete walk �. 55 SF x.$16.40 $902 68% $289 {asphalt concrete paving 848 SF x$3.13 $2,654 68% $849 Wgutter 10,LF x$63.40 $203 IV-.high concrete cine 20 LF x$20.64, $413 48% $215 Total $28,653 Remainder in the After Condition Following is a brief description of the parcel in its after condition. Size and Shaine. ±39,269 SF(±0.90 acres),of which 161 SF is fencumbered by a sidewalk easement;irregular Improvements 15,000-SF net rentable office building The highest and best use of the remainder in the after condition is the same asin the before condition: I . After Condition,Value - Land Only The same land sales were used to appraise the remainder's site as were used in the before condition valuation.The indicated.value of the,remainder(land only)is$45,00 per SF. 3 9,108 SFX $45.00 per SF-$1,759,860 Severance Damages The site was appraised as though vacant because the major improvements 'were not permanently impacted.The impacts were to the hards cape and Appraisal Summary Statement Plaza Cie Prbsperldad Ownership 31877 Del®bispo Street,San Juan Capistrano 4 landscaping, which does not have to be re-established.Portions of three parking spaces are within the part taken,and one additional space would not be usable due to the taking.In order to recapture these four spaces,-the City will give the owners an actjaceut parcel that is.owned by the City. This parcel totals 547 SF and is valued at$45.00 per SF, for a total value of$24,615. With the addition of this 547 square feet of land,the City can reconfigure the existing lot in such a way that four parking spaces can he recaptured.Thus, the number of parking spaces in the after condition will equal the number of spaces.in the before condition.This work will be performed by the City's contractor as part of the project. Before and After-Analysis - Land Only Value of the Larger Parcel $1,842,570 Value of the Part Taken 82,710 Value ofRemainder,as part-of the whole $1,759,860 Less:Value of Remainder in after condition 1,759,860 Severance Damages $ 0 Benefits The remainder is benefitted by this project due to improved traffic flow and safety. The quantification of any benefits as they apply to the fair market value enhancement of a specific property would require a specific and extensive study.Assigning a specific dollar benefit to a particular property would be speculative without such a study.In this case,it is moot,since there are no severance damages to offset. Appraisal Summary Statement Plaza®e Prosperidad Ownership 31877 Del Obispo Street, Sari duan Capistrano 6 Page 1 of 1 Nisha Patel From: Nisha Patel Seat: Friday, January 30, 2009 4:17 PM To: `Orrie Brown',Tony& ©rrie Brown ( _ Michael Eggers( I Cc: Nasser Abbaszadeh; ®mar Sandoval Subject., FW: Plaza de Prosperidad scan Attachments: 4863_001.pdf Tony and Carrie, Please find attached the Plaza de Prosperidad offer package that was mailed to you. We are still available to meet with you if you are interested. Thank you, Nisha A. Patel, PE Public Works Department City of San Juan Capistrano (949)443-6360 Direct (949)493-1251 Fax P'lubI1c J4lork� Dr-pafltY ent Mission.gist ' meW 'I-o WV-mmce the quality of fife. and'ri eF;£.rve the City s heritage ern d charm throughc'fP ely Tc'S�pot',-Su, effective design, c.'f?��ironmeota saans€t'ivi(v, aYI�}`!f'nrrastructm 'i7-)&ir)t9)nCF', From: Kristen Lewis Sent: Friday, January 30, 2009 3:48 PM To; Nisha Patel Subject: Plaza de Prosperidad scan IKRISTFN LEWIS From: CITY OF SAN JUAN CAP [mailto:administrator@sanjuaneapistrano.org] Sent: Friday, January 30, 2009 3:45 PM To: Kristen Lewis Subject- Attached Image 3/9/2009 ATTACHMENT 2 ry 32400 PASEO A®EL.ANTO j �4 MEMSEPS 4F THE CITY COUNCiL SAN JUAN CAPISTRANO,CA 92675 ���� �� 4949)493-117t SAM AI C E+lAT C� (949)493.1053 FAX � � •Int Rraaalaa LAURAFREESE esra it€s sa t96 THOMAS W,HRISAR WWW.saq u€nc,,apistrano.oro, 1776 MARK NIE[SEN BR:LON3RES USO February 12, 2000 Mr, Rick E. Rayle Nossaman LLP 18101 Von Karman Avenue Suite 1900 Irvine, CA 92612 Re: CITY CIP NO. III - DEL OBISPO ANIS CAMINQ CAPISTRANO INTERSECTION IMPROVEMENTS _ PROPERTY ACQUISITION Dear Mr. Rayl: Subsequent to the City of San Juan Capistrano City Council meeting of February 3, 2009, and your clients' desire to conduct your.own property appraisal for 1,838 SF of the property that is required for our project, please note the following. 1. Attached are final design plans for this project that your appraiser may utilize (As stated previously, vire had left the parking layout as an open discussion ,item. However, we have concluded that the present layout is the optimum design and the attached plans are the final plans). 2. We have updated and attached our appraisal summary and stricken any references to "easements." The total property that we are interested in is 1,838 SF in fee simple (this includes the 161 SF for sidewalk purposes). 3. Please note that we will offer the excess property from the `.`Seaside Ranchos property" to your clients at the same dollar amount that the City pays for it (currently, the two appraisals for both properties are shown to be $45 per SF). The excess property will be 547 SF (the number is shown in the attached appraisal summary). 4. Please note that the City is offering the sum of $112,000 for the 1,838 SF as indicated in the appraisal summary. ATTACHMENT 3 San.Tuan Capistrano: Preserving the Past to Enhance tete Future Feinted or!100°1 recycle!paper February 12, 2009 Page 2 City CIP No. 111 Please have your appraiser contact me should they need additional information or documents related to this. project. We further ask that you share the results of your appraisal with the City as soon as you obtain them, thank you. In case of questions or comments, please feel free to call me at (949) 443-6398. Sincerely, Lasser Abbaszadeh, PE Public Works Director Attachments: 1. f=inal Projekt Plans 2. Appraisal summary Appraisal Summary Statement Basis of Appraisal.The market value for the property to be acquired is based upon an appraisal prepared in accordance with accepted appraisal principals and procedures.Recent sales of comparable properties, inc;orne data, and depreciated replacement casts are utilized,as appropriate.Fall consideration is givens to zoning,development potential,and income the property is capable of producing. General Property Data - Larger Parcel Owner: Plaza De Prosperidad Subject Property Location: 31877 Lel Obispo Street San Juan Capistrano,California Assessor's Parcel Number: 668-242-16 Present Use: Business center Highest and Best Use: As improved 'T'otal Property Area of Larger Parcel(ST): 0.94 acres(40,946.40 SF) Property Considered for Acquisition: I,838.00 SF Basic Property Data - Proposed Acquisition. Interest Valued: Fee Area to be Acquired: 1,838,00 SF Date of Valuation: January 15,2009 Applicable Zoning: General Commercial Improvements: Portion of hardscape and landscape Physical Limitations: None Principal Transactions: See attached Replacement Cost Analysis: n/a Capitalization Analysis: Wa Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 Del Obispo Street, San ,Juan Capistrano 1 Market Value - Proposed Acquisition Fee: $82,710 Improvements: $28,653 Severance Damages to the Property Due to the Proposed Acquisition: som Calculations for Arriving at Severance Damages: See attached Narrative Explanation Supporting Compensation,Including Offsetting Benefits. See attached Total Just Compensation for Acquisition (ro uud ed): $112,000 Appraisal Firm: Hennessey&Hennessey LLC Prepared by(signature): Name(printed): Sharon A. Hennessey Date: February 5,2009 Definition of fair Market Value (See Code of Civil Procedure 1263.320,a&b) (a) The fair market value... is the highest price on the date of valuation that.would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell;and a buyer, being ready,willing and able to buy under no particular necessity for doing so, each dealing with the other with full knowl.e dge of all the uses and purposes for which the property is reasonably adaptable and available: (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Appraisal Summary Statement Plaza De Prosperidad(,ownership 31877 Del Obispo Street, San Juan Capistrano 2 Value - Lamer Parce[ Market Data Summary- Vacant Land Transactions site Date Size SI= Safes Price Location of Sale Zoning Traffic Count (Acres) Prime per SP' 1 2 Journey, 5108 8P NIA- Journey 47,742 $2,700,000 $56,55 Aliso Viejo (1.10) 2 EI Camino Real 9107 NC3 13,000- N Camino Real 19,602 $500,000 $25.51 San Clemente (0,45) 3 21522 Plana Trabuco Rd. 6107 RL nia- Plano Trabuco Rd. 82,328 $3,86(),000 $45.76 Rancho Santa Margarita (1.89) 4 33741 Camino Capistrano 11106 CM 20,000- Camino Capistrano 16,901 $505,000 $29.88 San Juan Capistrano (0.39) 5 NWC Santiago& 9106 NC 17,000- El Camino Real 13,000 $755,000 $58.08 El Camino Real (0.30) San Clemente The value of the larger parcel(land only) is calculated as: 40,946 Sl~ x $45.00 per SF $1,842,570 Value - Fart Taken Land Value The value of the part taken contributes to the value of the larger parcel based on the average value of the whole.The appraisal of the larger parcel's site medicates a land unit rate of$45.00 per SF.The value of the land within the part taken is calculated as fellows: 1,.838 S1` x $45,00 per SF — 82,710 Improvement Value The casts of the improvements within the parts taken were obtained from Marshall Valuation Service published by Marshall& Swift. To these costs the local and current cost multipliers were added.The depreciation percentages were also obtained from this cost manual. Only the items.not being replaced as part of the City's construction are paid for below. Appraisal Summary Statement Plaza Ike Prosperidad Ownership 31877 Del Obispo Street, San Juan Capistrano 3 Repfaoemant Less Fair Markel:value e Cost ala,t t7,epre0atign in.U to Irrigated lawn 190 SI~x$2,93 $557 0% $557 Trees 6 x$3,455 $20,730 0% $20,730 Irrigated landscaping 706 SF x$8.23 $5,810 0% $5,810 . Stamped concrete.walk 55 SF x$16,40 $902 68% $289 Asphalt concrete paving 848 SF x$3.13 $2,654 Fib% $$49 V-gutter 10 LF x$63.40 $634 68% $203. 6"-high concrete curb 20 LF x$20.64 $413 48% $215 Total $28,653 Remainder in the After Condition. Following is a brief description of the parcel in its after condition. Size and Shape ±39,108 SF 00.90 acres);Irregular Improvements 1.5,000-SF net rentable office building The highest and best use of the remainder in the after condition is the same as in the before condition. After Condition Value - Land Only The sarne land sales were used to appraise the remainder's site as were used in the before condition valuation.The indicated value of the remainder(land only)is$15.00 per SF. 39,108 SF x $45.00 per Sl"n$1,759,860 Severance Damages The site,was appraised as though vacant because the major improvements were not permanently impacted. The impacts were to the hardscape and landscaping,which does not have to be re-established. Portions of three parking spaces are within the part taken,and one additional space would not be usable due to the taking. In order to recapture these four spaces,the City Appraisal Summary Statement Plaza Cie Prosperidad Ownership 31377 Del Obispo Street,San Juan Capistrano 4 will give the owners an adjacent parcel that is owned by the City'.This parcel totals 547 SF and is valued at$45.00 per SF, for a total value of$24,61.5. With the addition of this 547 square feet of land,the City can reconfigure the existing lot in such a way that four parking spaces can be recaptured. Thus, the number of parking spaces in the after condition will equal the number of spaces in the before condition.This work will be performed by the City's contractor as part of the project. Before and After Analysis - Land Only Value of the Larger Parcel $1,842,570 Value of the Part Takers 82,710 Value of Remainder as part of the whole $1,759,860 Less:Value of Remainder in after condition 1,759,860 Severance Damages $ 0 Benefits The remainder is benefitted by this project due to improved traffic flow and safety. The quantification of any benefits as they apply to the fair market value enhancement of a specific property would require a specific and extensive study. Assigning a specific dollar benefit to a particular property would be speculative without such a study. In this case, it is moot, since there are no severance damages to offset. Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 Del Obispo Street, San.Juan Capistrano 5 Valuation Anal nis Plat ®f the Part Taken 1 ©F 2 EXHIBIT 1111301 PM ND� e9-431111 ` a 'ie- 36-87 r51� *N- / t � , 30"- 65.0 15 PCs V . q N86'tlQ'30•!Y • 6+T6' Yfr¢lIi.a WILL-DASKETCH TO ACCOMPANY#08I11. e(�cl(+ sls a AMTNHrU,9E 666-2�2=tS.4^�t {],9Y 6TAL6MWCi ii8AWY 8 .611(I(,M8 LEGAL DESCRIPTION . 1193U573SY.ICA.Yf7k6-N8Y' $Y $.��� $JCAP,I�LJRB'�lJ«$ ( t 868 W'illdan Associates Date of Value:January 15,2009 Plaza De Prosperidad Ownership(32877 Del Obispo Street) Valuation Analysis Plat of Sidewalk 2 OF 2 EXHIBIT FM Ng8.9-134 tea. K rPM8 255 30-3I t i iN7 S 1G }1%-- no n s7 A,� 00o Aq Tp�- E �u.t K m i t1cp 1 tit.I �� pyi w3 c a� i��i45p,t10" t��, � b1•,�.5 + g �� - i s y j L- 2.33` �'t i i a�ti f'l33"���'t .�..4• i t two l 7i8J`Cq'3A'W - ' RS s PAN SCAB S"m�R' RA7E AEC tp.2R08 SKETCH C�t Oe gNGtNl:LRS a lti.dii}�pS �f\ET4E'i T� ACCOMPANY <,'!91 toes w"r.VA rAv,t b*b,.wire:�cas fib:€€Tq W442-�85.Rl�e tVXiPW.r,.0246-341f LEGAL DESCRIPTION = q�q g'{ �l.tlA;ki $1CA6�?#3EI.JR1ET+tKES Willdan associates Date'of Value:January 15,20D9 Plaza De Prasperidad Ownership(31877 Del Obispo Street) h* T4%s Vf,b;MaA _Of, 1716 Vroc . . NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, March 17, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of Resolution of Necessity Authorizing the Acquistion of Property for Del Obispo Street and Camino Capistrano Intersection Improiiements (CIP No. 111)(APN 668-242-16 Owners Plaza de Prosperidad, LP)" — Item No. E3. If you have specific thoughts or concerns regarding this item, you are, encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 16, 2009 to allow time for the Council to consider its content. .If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais, You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Nisha A. Patel, PE, Associate Engineer. You may contact that staff member at (949) 443-6350 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk san'uanca istrano.or . Meg Monahan, MMC City Clerk M. Mr. Tony and Mrs. Orrie Brown, Plaza de Prosperidad, LP; Mr. Rick E Rayle; Nasser Abbaszadeh, PE, Public Works Director; Nisha A. Patel, PE, Associate Engineer 31'17/2009 E3 Christy JAI From: Julie moll Sent. Wednesday, March 11, 2009 5:10 PM To: City Clerk Scanstation Subject: CIP-111...say it ain't so... I am vehemently opposed to plans the City of SJC has to remove trees for the installation of a turning lane at the corner of Del Obispo and Camino Capistrano. Those trees are beautiful and add so much to the atmosphere of this historic town. I hope you reconsider this plan, as it would be a travesty to remove what few remnants of nature are Left. Please do not go through with the proposal that CIP-1 I I. represents. Sincerly, Julie Moll Cn Cr CID 3/12/2009 3117/2009 Christy JAI IfAPI'IPAAPP'AN From: E3 Sent: Wednesday, March 11, 2009 7:48 PM To: City Clerk Scanstation Cc: sjcamericans@me.com Subject: cam cap @del obispo street widening City Clerk - I have lived in San Juan for 22 years and drive the above intersection at least twice daily, including rush hours. I have no personal or financial interest in the proposed property to be condemned. Widening the intersection to expand the wessterly Del Obispo right hand turn lane to northerly Cam Cap is a bad idea: few people turn north; I prefer beautiful trees to more pavement; and the cost is far in excess of the benefit. Del Obispo does get backed up a bit during rush hour, but this will not really help that to any major extent SJCAmericans - what elso can I do to help? i 'c n cn CIP-111 3117/2009 Christy JAI E3 ........................................:....................... From: Howard Larkin Sent: Wednesday, March 11, 2009 12:58 PM To: City Clerk Scanstation Subject: CIP-111 Please do not cut the trees down. I love San Juan Capistrano for its heritage and now the city wants to tear it down. The trees have been here a long time. So I am saying IVCD to CIP-111 a �1 / 3/11/2009 3117/2009 Christy Jak1 E3 ............. ........................... --------- From: Sandy Heil Sent: Thursday, March 12, 2009 2:17 PM To: City Clerk Scanstation Subject: CIP-111 Dear City Clerk, Please say no on CIP-111 Sincerely, Sandy Heil Office Manager SouthCoast Recovery r ' M �.n d 3/12/2009 3/17/2009 Christy Jaki From: Matt McGraw E3 Sent: Thursday, March 12, 2009 12:08 PM To: City Clerk Scanstation Cc: Subject: Save These Trees! To Whom it May Concern: Hello, my name is Matt McGraw, and I have been a resident of Aguacate Rd. in San .Tuan Capistrano for 22 years. I attended St. Margaret's school for 14 years and have participated in local voting here in the city since I have been eligible in the fall of 2000. As a concerned resident, I would like to voice my displeasure with the proposal to change the intersection at Del Obispo and Camino Capistrano. I do not believe this change would significantly impact the traffic in the downtown area, and therefore would be unnecessary to remove the long standing trees and foliage that beautify the Del Obispo corridor. Instead I would like to offer a suggestion: It seems to me that the railroad crossing can be a major issue for traffic in the downtown area. At high traffic times throughout the day the crossing guard arms will lower, stopping traffic, without a train physically going through the crossing. I understand that the train is stopped at the depot, but why should that lower the crossing arms, only to have them lowered a second time when the train actually does come through? It is my opinion that solving this annoyance would alleviate some of the traffic issues we experience during heavy commute hours. I would like to lend my support to the people at sjcamericans.com. Please do not remove these trees. Thank you for your time, Matt McGraw „ CZ c~ Matt McGraw aa� 3/17/2009 '3 Christy Jakl From: Richard Detoy [RDetoy c@essusa.neq Sent: Friday, March 13, 2009 9:05 AM To: City Clerk 5canstation Subject: CIP-111 I am writing to express my disapproval of the City's plan to extend the right turn pocket at the intersection of Del Obispo and Camino Capistrano. As a business professional whose office is in Plaza de Prosperidad, I have the opportunity to observe the subject intersection throughout the day and night. At no time is it typical for the right turn pocket to be backed up; it is the lanes headed across Camino Capistrano which are full. This proposed project makes no sense from the standpoint of need. Further, it will negatively impact the aesthetics of the intersection by forcing the removal of a number of trees which nor only serve to visually soften the impact of the commercial buildings that surround the area but which also offer a charm of their own. Finally, the construction will be disruptive to my work and has the potential to negatively impact my income, as will likely be the case for all of us who work in this building and the surrounding area. For these reasons and others I object to this project. Please reconsider this decision and listen to both the Planning Commission and the voices of reasonable people who realize that this project is a very bad idea. The resources that would be deployed to execute this project can be better deployed elsewhere in the City. CIP-111 neither preserves the past nor enhances the future, so don't do it! Richard Detoy P: 949-489-0878 3/16/2009 3117/2009 ATTORNEYSLAW NOSSAMANLLP 1$t01 Von Karman Avenue ue Suite 1800 Irvine,CA 92612 T 949.833.7800 F 949.833.7878 Rink E.Rayl VIA E-MAIL AND U. S. MAIL rrayl@nossaman.com Refer To File#:400204-0001 March 13, 2009 Omar Sandoval, Esq. City of San Juan Capistrano City Attorney Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa,CA 92626 Re. Counter Offer and Opposition 4f Plaza de Prosperidad To The Adoption Of A Resolution Of Necessity For The Ac uisition Of.Its Proper In The Cily Of San Juan Capistrano,APN 668-242-16 Dear Mr. Sandoval: The City of San Juan Capistrano("City")has indicated its intention to acquire by condemnation a portion of the property owned by Plaza de Prosperidad, L.P. ("Plaza de Prosperidad"), APN No. 668-242.16. In a January 30,2009, offer to Plaza De Prosperidad,the City offered compensation of$112,000 for the tatting. That offer does not encompass compensation for the entire scope of the City's planned taking in that, among other things, it does not(I) include compensation for eight mature trees, (2)include compensation for a massive temporary construction easement that will eliminate, at least temporarily, approximately 40 percent of the property's parking, along with its major ingress and egress point, (3) provide for the City's deeding to Plaza Tae Prosperidad, at no cost to it,an approximately 547-square-foot parcel needed to implement the City's mitigation plan—and(which the City's appraiser expressly states is to be given.to Plaza De Prosperidad), and (4) adequately deal with the significant severance damages that will occur based on construction of the project in the manner proposed by the City. With regard to severance damages in particular, note that the City's appraisal, upon which the offer was based, fails to value the property as improved in either the before or after condition, a fatal flaw in the analysis. Because of this fundamental flaw,the City's appraiser does not recognize the serious access and parking issues that will exist in the after condition. And, the City's appraisal does not address the significant impact that will arise from the fact that the City's project is designed to leave the property in a legal, non-conforming use as to the City's setback requirements. Plaza Ike Prosperidad is in the process of obtaining a proper appraisal that analyzes these and other issues that will arise from the planned taking. It has hired Mike Waldron, MAT,to conduct that appraisal, and anticipates having a more realistic appraisal available to in with the next several weeks. In the meantime, however, Plaza De Prosperidad has worked with Mr. Waldron and 290722_t.DOC nossarnan.com - .� n .� � V3° I l . aI6 ifi. Omar Sandoval,Esq. March I3,2009 Page 2 other experts and consultants in order to be in a position to counter the City's January 30, 2009, offer before the upcoming March 17, 2009, City Council meeting. Based on those efforts, Plaza De Prosperidad hereby offers to sell to the City,under threat of eminent domain, the 1,838 square feet identified in the City's plans, for$705,633. This amount is calculated as follows: $82,710 for the part taken (for purposes of this offer only,Plaza De Prosperidad is willing to accept the City's appraiser's property value); $7,923 in improvements taken, not counting trees (again, for purposes of this offer only, Plaza De Prosperidad is willing to accept the City's appraiser's value for improvements other than the trees); ■ $150,000 for 10 mature pine trees (this is based.on$15,000 per tree, the approximate cost to obtain and install similarly-sized trees); ■ $40,000 for 4 mature sycamore trees (this is based on$10,000 per tree, the approximate cost to obtain and install similarly-sized trees); $25,000 for the temporary construction casement(this is based on a 30-day rental of the TCE area, along with additional money to be used as rent concessions to the tenants during the construction period); and $400,000 in severance damages (this is based on an existing appraisal that Plaza De Prosperidad has for the property, and assumes ten percent severance damages, a percentage likely to go up when Plaza De Prosperidad obtains its appraisal report). This offer is contingent upon the City's implementing the mitigation plan shown its October 10, 2008, plans,which involves reconfiguration of the parking lot, new landscaping, restriping of the parking lot, and a new circulation plan.. As part of this process,the City must agree, in writing, that: 1. The final parking lot design will include at least the number of"standard" sized parking spaces that the property currently enjoys(i.e.,the City may not recapture lost spaces by substituting;."corrapact"spaces for existing"standard"spaces); 2. The City will deed to Plaza De Prosperidad, at no cost to Plaza De Prosperidad,the approximately 547 square feet already identified by the City as necessary to implement its mitigation plan; 3. The City will complete the parking lot redesign and reconstruction in no more than 30 days (as the City has already promised will occur); 290722 I.DOC Omar Sandoval,Esq. March 13,2009 Page 3 4. The City will make arrangements for temporary parking for the property during the construction period,with at least the same number of parking spaces as are lost to the property during the construction period; and 5. The City will issue a permanent variance to the property regarding setback requirements so that the building's footprint does not result in it existing as a legal, non-conforming use. This offer shall remain open until the earlier of(a)the time upon which the City adopts a resolution of necessity to condemn part of Plaza De Prosperidad's property or(b)the adjournment of the City Council meeting on March 17, 2009. We look forward to the City's response. In the event that the City intends to proceed with the hearing on the resolution of necessity, Plaza De Prosperidad again objects, for the reasons previously stated,to the adoption of a resolution of necessity. In summary form,those objections are: I. The City Did Not Properly,Make An Offer To Plaza de Prosperidad As Required By Government Code Section 7267.2: A public agency is required to make an offer to the property owner for the full amount of just compensation. (Gov. Code, § 7267.2.) The City did not do so. Specifically, while the City purports to Have made a written offer of compensation to Plaza de Prosperidad,that"offer" is not based on a competent appraisal of the interests being acquired, and,more importantly,the"offer" is not a true offer at all. This invalidates any effort to adopt a resolution of necessity, as the City has failed completely to undertake good faith negotiations to acquire the property without the need for eminent domain. (See Gov. Code, § 7267.1.) "Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to acquire that property by negotiation." (Johnston v. Sonoma County Agricultural Preservation and C?pen Space Dist. (2002) 100 Cal.App.4th 973, 988.) 2. The City Has Not Met Its Obligation To Negotiate In Good Faith Precluding The Adoption Of A Resolution Of Necessity. Even were one to assume that the City's"offer" qualifies as an offer under the law,the legally-required negotiation period has just commenced. Plaza De Prosperidad has made a counter offer, despite not having yet received its own appraisal, and the City is required by law to see if a negotiated solution is possible before resorting to condemnation. 3. Public Interest And Necessity Do Not Require The Project. A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"public interest and necessity require the project." (Code Civ. Proc., § 1240.030, subd. (a).) Yet,the City is seeking to acquire the interests in Plaza de Prosperidad's property for a project that has not yet even been approved. 4. The Project Is Not Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good And The Least Private In'u : A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the project is planned or located in a manner that will be most compatible with the greatest public goon 290722 1.DQC Omar Sandoval,Esq. March 13,2009 Page 4 and the least private injury." (Code Civ. Proc., § 1240.030, subd. (b).) The City's project seeks to take unnecessarily portions of Plaza de Prosperidad's property --including crucial parking spaces-- even though it could accomplish the same goals without disturbing Plaza de Prosperidad's existing parking. S. Plaza de Prosperidad's Propert Is Not NecessaryFor The Project: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the property sought to be acquired is necessary for the project." (Code Civ. Proc., § 1240.030, subd. (c)) As noted, condemnation of Plaza de Prosperidad's property and, more specifically, several of its parking spaces, is not necessary. 6. The Ci 's Ada tion Of A Resolution Of Necessity Appears To Be An Effort To Coerce An Agreement From Plaza de Prosperidad On The Price Of The Propert : It is unlawful for the City to"take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property." (See Gov. Code, § 7267.5.) 7. The Ci 's Adoption Of A Resolution Of Necessity Will"Violate CE A: The City has not prepared an adequate study of the effects of the project, and there has been no adequate consideration of project alternatives. 'For the City's convenience,Plaza De Prosperidad attaches to this letter its prior letters objecting to the City's project and the planned acquisition. Plaza De Prosperidad hopes that the City will reconsider its ill-conceived plans for this project, and its rushed acquisition. Alternatively, Plaza De Prosperidad is prepared to sell the property, as set forth in the counter proposal above. And, as always, Plaza De Prosperidad remains open to discussion about the project, alternatives for it, and the amount of compensation. As part of that process,the Browns would be happy to meet with any or all of the City Council members at the property to demonstrate the real world impacts this project will have. If, despite all of this, the City adopts a resolution of necessity and proceeds with a condemnation action, Plaza De Prosperidad will have no choice but to oppose vigorously the City's right to take the property. Ver truly yours, Rick E. Rayl of Nossaman LLP RER Enclosures 290M [.DOC ATTORNEYS AT LAW NOSSAMANLLP 18101 Von Karrman Avenue Suite 1800 Irvine,CA 92812 T 949.833.7800 F 949.833.7878 VIA FACSIMILE& HAND DELIVERY Eich E.Rayl rrayi@nossaman.corn s Refer To File#;111111-2222 February 27,2009 San.Tuan Capistrano City Hall Attn: City Cleric 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Ile: Opposition Of Plaza de Prosperidad To The Adoption Of AResolution Of Necessi For The Acquisition Of Its Property In The City Of San Juan Capistrano,APN 668-242-1.6 Dear City Clerk: In response to the January 16, 2009,"Notice of Hearing;Regarding the Intent to Adopt Resolution of Necessity to Acquire Real Property by Eminent Domain,Assessor's Parcel Number 668-242-16"by the-City of San Juan.Capistrano("City"),please accept this as an opposition to the City's purported intent to adopt a resolution of necessity at the City Council's March 3, 2009, Meeting. OBJECTIONS Our firm represents Plaza de.Prosperidad, L.P. ("Plaza de Prosperidad"),the property's owner. Plaza de Prosperidad objects to the hearing regarding the intention of the City to adopt a resolution of necessity and to the City's adoption of such a resolution. Among other errors and irregularities,the City's adoption of a resolution of necessity is improper for the following reasons: 1`. The City Did Not Property Make An Offer To Plaza de Pros eridad As Regaired li Government Cade Seetion 7267.2: A public agency is required to make an offer to the property owner for the full amount of just compensation. (Gov. Code, § 7267.2.) The City did not do so. Specifically,while the City purports to have made a written offer of compensation to Plaza de Prosperidad,,that"offer"is not based on a competent appraisal of the interests being acquired, and,more importantly,the"offer"is not a true offer at all. This invalidates any effort to adopt a resolution of necessity,as the City has failed completely to undertake good faith negotiations to acquire the property without the need for eminent domain. (See Gov. Code, § 7267.1.) California Code of Regulations,Title 25, section 6182, subdivision (i)(1)states: 290442 LDOC City Clergy: t February 27,2009 Page 2 Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presentation. Subdivision(i)(1) states that if the evidence suggests a modification in the price,"an appropriate price adjustment shall be trade and the new amount determined to be just compensation shall be promptly offered in writing to the owner." As one court explained: "Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to acquire that property by negotiation." Johnston v. Sonoma County Agricultural Preservation and Ogen Space list. (2002) 100 Cal.App.4th 973, 988.) City's "Offer" is used On A Fatally.Flawed Appraisal The City's offer is based on an appraisal that does not even purport to appraise the interests the City plans to acquire. First,the appraisal does not account for most of the trees the City plans to take. These trees are decades old, and their replacement would be extraordinarily expansive(many thousands of dollars each). Yet,the City's appraisal only recognizes the City's plans to take 6 of the 14 trees the City's plans call for acquiring. This results in an appraisal substantially below the value of what the City is condemning. And,by categorically omitting a key component of compensation., the appraisal does not meet the Government Code's requirements, as a matter of law. Second,the appraisal's severance-damage analysis rests on the assumption that the City is providing to Plaza de Prosperidad approximately 550 square feet of property to be used in reconfiguring the parking lot. The appraiser reaches her conclusion that no severance damages will occur in large part because of that assumption. That assumption is false. The City has never offered to provide Plaza de Prosperidad with those 5.50 square feet. The City does not even own that property. And, most importantly,the City has recently told Plaza de Prosperidad,through its counsel, that its intent is to offer that 550 square feet for sale to Plaza do Prosperidad at fair market value. This invalidates the City's appraiser's severance-damage analysis,a key component of the appraisal. Moreover,the appraiser's severance-damage analysis does not appear to rely on the City's actual pians for the property. It docs not address the serious changes to the parking lot and its circulation that will occur upon implementation of the City's plans. From this omission, it appears the City's appraiser may not even have had access to the City's complete plans. This is a fatal flaw. 90442 I DOC City Clerk .0 s rehruary 27,2009 v'' Page 3 The City's "Offer"Is Not Even t4.n Offer The City made clear at the February 3, 2009, City Council meeting that the `offer" is not a true offer at all. The City,through the City Attorney, stated at the public hearing;that Plaza de Prosperidad has no ability to accept the"offer,"because if it attempts to do so,the City would reject Plaza do Prosperidad's acceptance-- and would file a condemnation action anyway. This renders the "offer" illusory, at best. Viewed more skeptically,the"offer"is a sham, intended to provide the appearance of compliance with Government Code section 7267.2,but without actually complying. Because the City denies Plaza de Prosperidad could accept its"offer," that "offer"does not meet Government Code section 7267.2's requirements. The City therefore lacks the authority to pass a Resolution of Necessity,and it lacks the authority to condemn the property. 2. The Ci Has Not Met Its Obligation To Negotiate In Good Faith Precluding The Adoption Of Resolution Of Necessity. Even were one to assume that the City's"offer" qualifies as an offer under the law,Plaza do Prosperidad has not had an opportunity to negotiate with the City concerning that"offer." The City advised Plaza de Prosperidad that it was entitled to obtain its own appraisal, at the City's expense, in order to evaluate the City's appraisal. By the time Plaza de Prosperidad obtained copies of the City's plans,it did not have time to obtain its own appraisal and negotiate with the City prior to the March 3,2009,meeting. Plaza de Prosperidad is in the process of obtaining its own appraisal, and it anticipates having its appraisal completed within the next several weeks. It would like an opportunity to use that appraisal to negotiate with the City before the City proceeds with a condemnation action. In fact, Government Code section 7267 et seri. mandates that the City provide Plaza de Prosperidad with that opportunity before adopting a Resolution of Necessity. If the City adopts a Resolution of Necessity now,before the parties have conducted good faith negotiations based on competent appraisals,the Resolution of Necessity will fail,as a matter of law. The City will subject itself to a right-to-take challenge that will be time consurning,expensive, and which the City will lose. This would constitute a monumental waste of the City's time and money. 3. Public Interest And Necessi Ido Not Require The Project: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that "public interest and necessity require the project." (Code Civ. Proc., § 1240.030,subd. (a).) Yet,the City is seeking to acquire the interests in Plaza de Prosperidad's property for a project that has not yet even been approved. The City's own agenda for the hearing concedes that no plans exist for the City's supposed project, claiming"[w]e expect plans to be finalized in the next six weeks." (Agenda Report, at p, 3.) There is no "urgency of extreme expediency or necessity"that mandates a condemnation of Plaza de Prosperidad's property, nor is such a condemnation"manifestly desirable or essential to the declared objects" of the City. (See Kenneth Mebane Ranches v. Superior Court(1992) 10 Cal.AppAth 276, 286 [12 Cal.Rptr.2d 5621.) As a result,the City may not condemn the interests in Plaza de Prosperidad's property. 290442 Ltxx: City Clerk February 27,2009 Parc 4 _= 4. The Proiect Is Not Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good And.The Least Private Injury; A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury." (Code Civ. Proc., § 1240.030, subd. (b).) The City's project seeks to take unnecessarily portions of Plaza de Prosperidad's property-- including crucial parking spaces--even though it could accomplish the same goals without disturbing Plaza de Prosperidad's existing parking. At the very least,the City should explore with the Browns alternative plans that do not unnecessarily impact the property; its failure to do so precludes the City's planned condemnation. 5. Plaza de Prosperidad's Pro erq Is Not Necessary Por The Project: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the.property sought to be acquired is necessary for the project." (Code Civ. Proc., § 1240.030,subd. (c).) As noted,condemnation of plaza de Prosperidad's property and, more specifically, several of its parking spaces,is not necessary. 5. The Ci 's.Ado tion Of A Resolution Of Necessity Appears To Be An Effort To Coerce An Agreement From Plaza de Pros eridad On The Price Of The Proper : It is unlawful for the City to Make any other action coercive in nature, in order to compel an agreement on the price to be paid for the property." (See Gov. Code, § 7267.5.) The City has requested for years that the Browns work with the City on plans for its hypothetical project. The City's abrupt cessation of negotiations over the scope of the take and its initiation of condemnation proceedings is not being done in good faith. 7. The City's Ado tion Of A Resolution Of Necessity Will Violate CE A: We can find no record of the City's preparing an Environmental Impact Report("EIR")for the project;to the contrary,the City claims the project is supported by only a negative declaration. As a result,there has been no adequate study of the effects of the project, and there has been no adequate consideration of project alternatives. At a minimum,the project will have the following effects overall: (1) loss of use of key parking spaces on Plaza de Prosperidad's property;(2)impacts on traffic patterns; and (3) impacts on land use patterns. All of these impacts, in turn, will have potential impacts on greenhouse gas emissions, Without adequate consideration of each of these,the City will violate the California Environmental Quality Act ("CEQA"), 29U442 I.D0C City Clerk February 27,2009 Page 5 CONCLUSION For the reasons set forth in this tetter, the City Council cannot validly adopt the proposed resolution of necessity. Plaza de Prosperidad therefore requests that the Council's members not proceed with the hearing;on that resolution or,if they proceed,vote to reject the defective resolution. Ver truly yours, Rick E. Rayl J ofNossaman LLP RER/nn cc: Omer Sandoval, City Attorney(via e-mail) 290442 ].DOC ATTORNEYS AT uaw Ffi LLP 18101 Von Karmen Avenue Suite 18003 Irvine,CA 92612 T 949.833.7800 F 949.833.7878 VIA FACSIMILE&HAND DELIWR'Y Rick E.Rayl rrayl@nossaman.corn Refer To Fife#:111111-2222 February 3,2009 San Juan Capistrano City Hall Attn: City Clerk 32444 Paseo Adelanto San Tuan Capistrano,CA 92675 Be: Opposition-Of Tan And Orrie Brown To The Adoption Of A Resolution Of Necessily Tor The Ac uisition Of Their Property In The CiU Of San Juan Capistrano,APN 668-242-16 Dear Council Members: In response to the January 16,2009,"Notice of Hearing Regarding the Intent to Adopt Resolution of Necessity to Acquire Real Property by Eminent Domain,Assessor's Parcel Number 668-242-16"by the City of San.Tuan Capistrano("City"),please accept this as an opposition to the City's purported intent to adopt a resolution of necessity. OBJECTIONS Our firm represents Tony and Orrie Brown,who are acting on behalf of Plaza de Prosperidad, I..P.("Plaza de Prosperidad"). Plaza de Prosperidad objects to the hearing regarding the intention of the City to adopt a resolution of necessity and to the City's adoption of such a resolution. Among other errors and irregularities,the City's adoption of a resolution of necessity is improper for the following reasons: 1. The City Did Not Prn er1 Make An Offer To Plaza de Prosperidad As Required B Government Cade Section 7267.2: A public agency is required to make an offer to the property owner for the full amount of just compensation. (Gov.Code,§7267.2.) The City did not do so. Specifically, the City waited until the eleventh hour before making ga offer of compensation. Indeed,Plaza de Prosperidad received the City's offer only the day before the scheduled hearing on the resolution of necessity. This alone invalidates any effort to adopt a resolution of necessity,as the City has failed completely to undertake good faith negotiations to acquire the property without the need for eminent domain. (See Gov.Code, §7267,1.) California Code of Regulations,Title 25,section 6182,subdivision (i)(1)states: Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the 289998 1.DOC nossaman.com City Clerk February 3,2009 Page 2 proposed terms and conditions of the purchase,and the public entity shall carefully consider the owner's presentation. Subdivision(i)(1)states that if the evidence suggests a modification in the price,"an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner." As one court explained: "Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to acquire that property by negotiation." Johnston v. Sonoma Counly Agricultural Preservation and Onen Space Dist.(2002) 100 Cal.AppAth 973,988.) It is not possible to meet such obligation in the context of an initial offer made only one day before the hearing on a resolution of necessity. Recently enacted changes to the Eminent Domain law make even more clear the need for a negotiation period between the time of the condemning agency's offer and the passage of a resolution of necessity. Under the law,the City was required to offer Plaza de Prosperidad$5,000 to obtain an independent appraisal in order to evaluate the City's offer. While the City's"offer"contains language concerning such an opportunity,the language is rendered meaningless by the fact that the City only made the offer the day before the hearing. Indeed,when the Browns contacted the City earlier today in an effort to avail themselves of the opportunity to obtain an independent appraisal,they were told simply to "raise the issue"at the public hearing. This violates California law. Aside from the timing,the offer suffers from several other fatal flaws. First,the appraisal and offer fail to account meaningfully for the serious severance damages the proposed condemnation will inflict on Plaza de Prosperidad's remaining property. The proposed take will eliminate several key parking spaces for a commercial property that already possesses only the bare minimum number of spaces reasonably required for such a property, The City's effort to gloss over this key issue by claiming that it may provide to Plaza de Prosperidad a small sliver of property to create a few inconvenient parking spaces is inadequate. Second,the appraisal supporting the City's"offer"states that it is valuing the City's acquisition of an easement from Plaza de Prosperidad, Yet,the City's agenda supporting the resolution of necessity states that the City intends to acquire a fee interest: "Approximately 1,838 square feet of property will be taken in fee simple, - - ." (Agenda Report,at p.3.) This inconsistency between the appraisal and the City's intended taking constitutes a fatal flaw,and renders the"offer"inadequate,as a matter of law, Z" Public Interest And Necessity Do Not Require The Project: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"public interest and necessity require the project." (Code Civ.Proc., § 1240,030,subd, (a).) 'Yet,the City is seeking to acquire the interests in Plaza de Prosperidad's property for a project that has not yet even been approved, The City's own agenda for the hearing concedes that no plans exist for the City's supposed project, claiming"[w]e expect plans to be finalized in the next six weeks." (Agenda Report,at p.3.) There is no "urgency of extreme expediency or necessity"that mandates a condemnation of Plaza de Prosperidad's property,nor is such a condemnation"manifestly desirable or essential to the declared objects"of the City. (See Kenneth Mebane Ranches v, Superior Court(1992) 10 Cal.App.4th 276,286 [12 Cal.Rptr.2d 562].) As a result,the City may not condemn the interests in Plaza de Prosperidad's property. 3. The Project Is Not Planned Or Located In The Manner That Will Be Most Com atibie With The Greatest Public Good And The Least Private IWu : A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the project is 289998_1.DOC City Clerk February 3,2009 Page 3 planned or located in a manner that will be most compatible with the greatest public good and the least private injury." (Code Civ.Proc.,§ 1240.030,subd.(b).) The City's project seeks to take unnecessarily portions of Plaza de Prosperidad's property--including crucial parking spaces--even though it could accomplish the same goals without disturbing Plaza de Prosperidad's existing parking. At the very least, the City should explore with the Browns alternative plans that do not unnecessarily impact the property; its failure to do so precludes the City's planned condemnation. 4. Plaza de Prosperidad's Property Is Not Necessa For The Pro'eet: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the property sought to be acquired is necessary for the project." (Code Civ.Proc., § 1240.030,subd.(c).) As noted,condemnation of Plaza de Prosperidad's property and,more specifically',several of its parking spaces, is not necessary. S. The Ci 's Adoption Of A Resolution Of Necessily Appears To Be An Effort To Coerce An A reement From Plaza de Pros eridad On The Price Of The Prope : It is unlawful for the City to"take any other action coercive in nature,in order to compel an agreement on the price to be paid for the property." (See Gov.Code, § 7257.5.) The City has requested for years that the Browns work with the City on plans for its hypothetical project. The City's abrupt cessation of negotiations over the scope of the take and its initiation of condemnation proceedings is not being done in good faith. 6. The City's Adoption Of A Resolution Of Necessity Will Violate CE A: We can find no record of the City's preparing an Environmental Impact Report("EIR')for the project;to the contrary, the City claims the project is supported by only a negative declaration. As a result,there has been no adequate study of the effects of the project,and there has been no adequate consideration of project alternatives. At a minimum,the project will have the following effects overall: (1)loss of use of key parking spaces Plaza de Prosperidad's property;(2)impacts on traffic patterns;and(3)impacts on land use patterns. All of these impacts,in turn,will have potential impacts on greenhouse gas emissions. Without adequate consideration of each of these,the City will violate the California Environmental Quality Act("CEQA"). CONCLUSION For the reasons set forth in this letter,the City Council cannot validly adopt the proposed resolution of necessity. Plaza de Prosperidad therefore requests that the Council's members not proceed with the'hearing on that resolution or,if they proceed,vote to reject the defective resolution. Very truly yours, Rick E.Rayl of Nossarnan LLP FX-F nn 289998 I.DOC 3117'/2®®9 E3 -----Original Message----- From: Scott Bayles _ Sent: Thursday, March 12, 2009 7:13 PM To: Catherine Salcedo Cc: sjcamericans@me.com Subject: Del Obispo at Cam Capistrano Widening Bad idea. Bad idea. Bad idea. What would possess the City Council to approve a project that the Planning Commission did not go for? What would cause the city's leadership to put traffic concerns above the private property rights of SJC citizens and business owners? And who, in their right mind, would approved the destruction of a beautiful stand of mature trees that contribute to the visual appeal of downtown and help pull carbon dioxide out of the air? Go ahead and rent a horse and cart for the parade, but use the millions that would go into this boondoggle project for something really important! How "bout improving the parks in town and even planting MORE trees? Why not pay attention to the street already within the city limits that have serious ruts, bumps, and cracks from heavy traffic and/or years of neglect? Why not work with business owners to see what can be done to prevent them from closing, decreasing the city's tax base and taking away shopping, restaurant, and service choices for the citizens of SJC? Scott and Felene Bayles 3/17/2009 Richard K. Scully 31877 Del Obispo, Suite 211 E3 San Juan Capistrano, CA 92675 CANKled PUS AcoountaM (949)248-9411 Fax(949)248-9515 100q MAR I b ' P • 01 ' March 14, 2009 SAN JUAtl CAPIS i RANO To Whom It May Concern: I want to urge you to vote no on the proposed project of spending over a million dollars on the extension of the right hand turn lane at Del Obispo and Camino Capistrano. With the economy suffering as badly as it is these days, it makes sense to spend what little money is left on useful projects that improve the lives of the general public. In my opinion, this project runs contrary to that objective. Also, it is my understanding that 17 old, beautiful, and healthy trees will be destroyed in the process. This is inconsistent with the rich historical tradition of San Juan Capistrano, which has preserved its past by rejecting the impulse to transform itself into a concrete jungle. This is one of the main reasons that I moved my business here. San Juan Capistrano has always provided the type of environment similar to the one in which I grew up. It would really grieve me to see this beautiful city go the way of too many other cities that lost sight of their heritage in pursuit of some short-sighted gain. Sincerely, fir/ Richard K. Scully, CPA Member:American Institute of Certified Public Accountants and California Society of Certified Public Accountants 3117/2009 3 Christy Jaki E From: kathy flares [kathy.flores@lpl.com] Sent: Monday, March 16, 2009 12:19 PM To: City Clerk Scanstation Subject: Del Obispo - Camino Capistrano right hand turn project Dear City Clerk, I am writing as a business owner at the Plaza de Prosperidad property affected by the above mentioned project. As a Mission Parish. School parent, I make many trips up and down Del Obispo and Camino Capistrano at all times of the day, driving in different directions. There is NEVER a traffic flow problem driving between Ortega Highway and Camino Capistrano. The 800 pound gorilla sitting in the room is the severe traffic problem at the intersection of Del Obispo and Ortega Hwy. A second traffic problem nearby is driving South on Camino Capistrano, where we narrow to one lane at.the intersection of Del Obispo. The proposed extension of the right hand turn lane on Del Obispo does NOTHING to alleviate either of these severe traffic problems. My office faces Del Obispo, and I am in a position to watch the traffic all day long. I never see a back up- ever, and I am watching the traffic flaw West right into your proposed solution for a problem.that does not exist. Why not spend the funds allocated for this project on adding a lane to Camino Capistrano, or putting the money towards the much needed solutions up the street at Ortega Hwy and Del_Obispo? The only entity that I can see that would possibly benefit from this Del Obispo right hand turn expansion project is whoever the company is who will do the construction project. It will not help with our downtown traffic problems, as this intersection is not problematic, and flows all day long with the help of the stoplight at the Capistrano Home Center. This is a complete waste of money,it will destroy much needed trees and greenery, and take away parking from an already tight parking situation.. In short, the project causes problems and solves none. .Kathy .Flares President Kathy Flares Wealth Management Inc. 31877 Del Obispo Ste 205 San Juan Capistrano, CA 92675 P 949-276-8038 P 949-276-8040 i 3/16/2009 Page 2 of 2 Fall Free 800-968-4038 lcathy.flores@lpl.com LPL Financial Branch Manager CA insurance License##OAB207 Flores is a registered representative and offers securities through LPL Financial Member FINRA i 3/16/2009 313/2009 AGENDA REPORT El TO: Dave Adams, City Manager FROM: Masser Abbaszadeh, Public Works Director SUBJECT: Consideration of Resolution of Necessity Authorizing the Acquisition of Property for Del Obispo Street and Camino Capistrano Intersection Improvements (CIP No. 111) (APN 668-242-16; Owners: Plaza de Prosperidad, LP) RECOMMENDATION: Conduct the continued hearing; and by motion adopt a Resolution of Necessity authorizing partial acquisition of property at 31877 Del Obispo Street through eminent domain. SITUATION Summary and Recommendation As a result of the widening and sidewalk improvements associated with ClP No.111, the City will need to obtain sidewalk easements, temporary easements, and right-of-way from several properties along Camino Capistrano and Del Obispo Street. The property at 31877 Del Obispo Street is owned by the Plaza de Prosperidad, LP. The property owner is aware that the City will be acquiring a portion of their property by eminent domain. The City Council heard this item on February 3, 2009, and continued it to this evening. The eminent domain action is necessary as it is a Government Code Section 1090 requirement. Staff is recommending adopting the attached Resolution of Necessity, Attachment 1, which authorizes and directs legal counsel to commence condemnation proceedings in the Superior Court, County of Orange, to acquire the property. Background Capital Improvement Project (CIP No. 111) Del Obispo Street and Camino Capistrano Intersection Improvements project will widen Del Obispo Street, modify and remove existing medians, and provide dual left turn lanes, one through lane and combination throughl right turn lane in the westbound direction. Also, portions of sidewalk along Del Obispo Street are being reconstructed to provide ADA compliant sidewalks and Agenda Report Page 2 March 3, 2009 driveways. The Camino Capistrano western sidewalk north of Del Obispo Street is being reconstructed and widened to provide wider sidewalks and ADA compliant driveways. The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street is being reconstructed to provide ADA compliance. Additionally, the Plaza de Prosperidad parking lot and Washington Mutual driveway will be redesigned. The project should be in construction in summer of 2009 to protect secured grant funding. Therefore, the City needs to acquire the necessary right-of-way as quickly as possible. At the January 6, 2008 Council Meeting, the Council agreed to initiate the eminent domain process by sending letters of notice of hearing to adopt a Resolution of Necessity. The notice established February 3, 2009 as the hearing date and the City Council continued the action for another four weeks. At the first hearing, the Council did consider: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired is necessary for the proposed project; and All of the findings can be made because the property is the minimum required to implement the Circulation Element and relieve congestion in the area in question. Subsequent to the City Council continuance of this item on February 3, 2009, staff contacted the property owner attorney of record and furnished him with the latest information related to this project (Attachment 2). Staff had not heard from the property owners or their attorney at the time this report was prepared. Approximately 1838 square feet of property will be taken in fee simple from Plaza de Prosperidad. ENVIRONMENTAL REVIEW The City's Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the California Environmental Quality Act (,CEQA) Guidelines, issued a negative declaration pursuant to Section 15070 of those guidelines, caused a .#Notice if Negative Declaration to be posted pursuant to Section 1.5072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970). Agenda Report Page 3 March 3, 2009 FINANCIAL CONSIDERATIONS Adequate funds are available in the project budget for the acquisition. NOTIFICATION Mr. Tony and Mrs. Orrie Brown, Plaza ®e Prosperidad, LP Mr. Rick E. Rayle RECOMMENDATION Conduct the continued hearing; and by motion adopt a Resolution of Necessity authorizing partial acquisition of property at 31877 ®el Obispo Street through eminent domain. Respectfully submitted, Prepared by, r Nasser A aszadeh, PE Nisha A. Patel, PE Public Works Director Associate Engineer Attachment(s): 1. Resolution of Necessity for Plaza de Prosperidad property 2. Letter to Attorney Mr. Rick E. Rayle RESOLUTION NO, 09-03-03-x A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY (APN Nos. 668-242-016) LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFORE. (PLAZA DE PROSPER]DAD, LP) (CIP 111) WHEREAS, the City of San Juan Capistrano ("City") is a public body, corporate and politic of the State of California, organized and operating pursuant to the laws of the State of California, and is authorized as specified herein to take real property by condemnation and to hold, use and enjoy such property as necessary to fully exercise its powers; and WHEREAS, the Public Works Department, on an on-going basis, considers, investigates and engages in the acquisition of properties for the purpose of constructing capital improvement projects with the intent of securing all essential properties needed to implement the General Plan Circulation Element, Arterial Highway System, and in this case by constructing CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements (the "Project"), and WHEREAS, the City and through it's Public Works Department has determined that the acquisition of that certain real properties, approximately 1838 square feet, located on a portion of Parcel 1 of Parcel Map 89-434, in the City of San Juan Capistrano, County of Orange, State of California, as shown on map filed in Book 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County as Assessor's Parcel Number 668-242-016 and as further described in Exhibit 2 of Exhibit A attached hereto (the "Property"), represents a necessary and essential component of the City's successful completion of the Project; and WHEREAS, more specifically, the City has determined that the Property's ultimate use upon widening the street is an essential component in relieving traffic congestion by reducing the delay time (improving the level of service); and WHEREAS, the City has pursuant to Section 15063 and 15064 of the CEQA Guidelines, issued the City's acquisition of the Property in furtherance of the Project a mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included; and WHEREAS, the City is authorized to acquire the Property by condemnation pursuant to the provisions of California State law, including, but not limited to, Article 1, Section 19 of the California Constitution and California Page I of 5 ATTACHMENT 1 Health & Safety Code §33037, in order to carry out the business of the City, such power being exercised pursuant to the provisions of Section 1230.010 et seq. of the California. Code of Civil Procedure; and WHEREAS, on January 30, 2009, the purported owners of the Property were mailed an offer to purchase the Property, Assessor's Parcel No.:668-242- 016, meeting the requirements of California Government Code section 7267.2 (the "Offer Letter"), a true and correct copy of the Offer Letter being attached hereto, inclusive of its various exhibits, and incorporated herein by this reference as Exhibit E; and WHEREAS, on January 16, 2009, the City mailed the owners a legal notice of the intent to adopt a resolution of necessity to acquire the Property in fee simple by eminent domain pursuant to and in compliance with the requirements of California Code of Civil Procedure section 1245.235 (the "Notice Letter"), a true and correct copy of the Notice Letter being attached hereto, inclusive of its various exhibits, and incorporated herein by this reference as Exhibit A; and WHEREAS the Property is legally described on the first and third page of Exhibit 2 to Exhibit A attached hereto and graphically reflected on the second and fourth page of Exhibit 2 to Exhibit A, an assessor's map showing the Site; and WHEREAS, the Notice letter advised the owners of a public hearing in this matter before the Council on February 3, 2009, and the City Council held a public hearing on this date (the "Hearing") and continued the Hearing on March 3, 2009, at which date the matters set forth in California Code of Civil Procedure section 1240.030 were discussed, including the following: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired (which is described herein) is necessary for the proposed Project; and d) Whether the offer required by section 7267.2 of the California Government Code has been made. to the owner or owners of record; and WHEREAS, the City, via the Notice Letter, has provided all persons whose names appear on the last equalized County Assessment Roll as having Page 2 of 5 an interest in the Property with a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the California Code of Civil Procedure, and WHEREAS, at the Hearing, Staff presented a written report to the Board, supplemented by oral information, regarding the proposed Project and the matters set forth herein; and NOW, THEREFORE, BE IT RESOLVED, the City Council, by vote of two- thirds or more of its members, hereby declares, finds, and determines as follows: 1. The recitals above are true and correct and incorporated herein by reference. 2. The public interest and necessity require the acquisition of the of the Property, to wit that certain real property described and reflected in the first and third page of Exhibit 2 to Exhibit A attached hereto (heretofore referred to as the "Property"). The City Council finds that the acquisition of the Property is necessary to widen Del Obispo Street to accommodate the ultimate geometry of the General Plan Circulation Element, Arterial Highway System. 3. The public interest and necessity require the acquisition and taking of a fee simple interest in the Property in order for the proposed Project to proceed, the proposed Project being a public use authorized by law and the California Constitution and California Health & Safety Code §33037, among other provisions of the statutes of the State of California, permit and empower this acquisition by the City through its exercise of the power of eminent domain for the stated public use. 4. The P roperty sought to be condemned in this matter is legally described on the first and third page of Exhibit 2 to Exhibit A attached hereto and incorporated into this Resolution of Necessity. 5. The public interest and necessity require the proposed Project. 6. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 7. The Property sought to be acquired, is necessary for the proposed Project. 8. The offer required by Government Code section 7267.2, subdivision (a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section 7267.2, Subdivision (a). Page 3 of 5 9. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property. 10. The law firm of Woodruff, Spradlin & Smart, is hereby authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions in the Superior Court of the State of California in the name and on behalf of the City against all owners and persons and entities claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Property, including obtaining warrants for deposit of funds, orders for pre-judgment possession, and other steps necessary to acquire fee simple title to the Property, unless a lesser estate has been specified herein, by and for the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 3rd day of March 2009. MARK NIELSEN, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK Page 4 of 5 EXHIBIT A [Notice of Hearing.Letter on Resolution of Necessity, which attaches Exhibit 1. (copy of Government Code section 7267.2) and Exhibit 2 (legal descriptions and site maps)] Page 5 of 5 Exhibit A w 32400 PASEO ADELANTO % MEMBERS OF THE CTCY COUNCIL SAM JUAN CAPISTRANO,CA 92675 l% . (949)493-1171 666��£ SARSAiC,EVRTQ (949)493-1053 FAX ncaRrsaases LAURA FRMSE ° �srb�iis�Ee . "i961 THOMAS.W.HRISAR rvwtivsanjuancapistrano.or�; 1776 MARK NIELSEN • • DPL LONORES USO NOTICE OF HEARING REGARDING INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN,ASSESSOR'S PARCEL NUMBER 668-242-16 (California Code of Civil Procedure Section 1245.236) i January 16, 20019 To: Plaza de Prosperidad;LP c/o Mr. Tony and Mrs. Orrie Brown 32432 Alipaz Street, Suite Al San Juan Capistrano, CA 92675 From: City Council for the City of San Juan Capistrano Dear Mr. Tony and.Mrs. Orrie Brown: 9. Notice of Intent. of the San Juan Capistrano City Council to Adopt a Resolution of Necessity. The City Council intends to. consider the adoption of a Resolution of Necessity on February 3, 2009, that if adopted, will authorize the City of San Juan Capistrano ( C41 to acquire the property described herein by eminent domain for the CIP 111- Det Obispo Street and Camino Capistrano Intersection Improvements. A description of the property being considered for acquisition accompanies the proposed Resolution of Necessity, which is attached hereto as Exhibit 2 and incorporated herein to this Notice hereinafter the CProperty°). You are being provided notice as your name appears on the title and/ or Last equalized County of Orange assessment roll. [ The statutes that authorize the City to acquire the property by eminent domain, includes, but are not limited to,for this proposed project are Streets and Highways Code Section 10102 (street right of way), Government Code Section 54031 (parking); Government Code Section 38730 (water facilities); Streets and Highways Code Section 51010 at seq. (Street Improvement Act acquisitions). 2. Notice of YoUr Right to Appear and be Heard. Please take notice that �E the City Council of City, at a regular meting to be held on February 3, 2009, at.6:301 . p.m., or as soon thereafter as the matter may be heard, at 32400 Paseo Adelanto, San Juan Capistrano: Preserving the Fast to Enhance the Future w �o Printed on 1 M recye[etl paper Page 2 M£. Tony and I�I£s. Orrie Brown. i Council Chamber, San Juan Capistrano, California, will.hold a hearing on whether such a Resolution of Necessity should be adopted, as required by Califomia Code of Civil Procedure section 1245.2201 for-the commencement of an eminent domain proceeding to acquire real property, i i You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues,and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed project; b. Whether the proposed'project is planned or located in the manner that will be most compatible with tie greatest public good and the least private injury; C, Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Govemment Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer. and statement/ summary were in a form and contained all of the factual information required by Government Code section 7267.2, subdivisions (a), (b),and(c), a copy of which is attached hereto; e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire.the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has the statutory authority to acquire the property by eminent domain. f 3. Failure to Fite a Written Request to Be Heard within Fifteen(15) bays After the Notice was gaited will Result in Waiver of the Right to Appear and be Heard. If you desire to be hard, please be advised that you must file a written request with the City Cleric within fifteen (15) days after this Notice was mailed. You must file your request to 4e heard at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, i San Juan Capistrano, California 92675. Should you elect to mail your request to the City Clerk, it must actually be received by the City Clerk for fling within (15)days after this Notice was mailed.. The date the mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that"Failure to file a written request to appear and be heard within fifteen (15) days after the Notice 1 , Page 3 Mr. Tony and Mrs.'Orrie Brown was mailed will result in waiver of the right to appear and be heats" on the above matters and issues that are the subject of the hearing. g If you elect not to appear andbe heard in regard to compensation, your nonappearance will not be a waiver of your right to claire greater compensation in a court of law. The amount to be paid for the property will not be considered'by the City Council at this hearing. If you elect not to appear and not be heard,your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. i The Notice is not intend to-foreclose future negotiations between you and the ! representatives of the City on the amount of compensation to be paid for your property. f If the City Council elects to adopt the Resolution of Necessity, then within six j (6) months of the adoption of Resolution, the City will commence eminent domain i proceedings in Superior Court. Inthat prodding, the Court will determine the amount of compensation to which you are entitled. Dated,and mailed on January 16, 2WGr. i [C i f _ d Dave Adams, Ci � � - Ity Manager . I i Attachments Proposed Resolution,of Necessity Exhibit 1-Copy of Government Code section 7267.2, subdivisions(a), (b), (c) Exhibit 2-Legal Descriptions and site maps l € j C: Omar Sandoval Nasser Abbaszadeh E € I . i k Government Code Section 7267,2, subdivisions (a), (b), and (c) (aj prior to adopting a resolution of necessity pursuant to Section 1245.230 of ' theCade.of civil Procedure and initiating negotiations .for thea uisitf€ rz of real Property, the-publfc entity silall establish an amount wvh!Qh it believes to be just f compenca#lan-therefore, and abalf make.-an offer to the owner. or owners of record to acquire the property for the full armount -to established* unless .the owner cannot be-located with reasonable diligence.The offer may be caz clitioned upon the legislative body's ratification of the offer by.execution of'a'contract of acquisition or adoption of a resolrttioR of necessity or bath, Irl no event shall the amount be less than the public entity's approved appraisal of the fair mdrket value of the propotty. Any decrease or increase 4h the fair market value of real Property to be acquired .prior to the date of.valuatibn caused,by the public E improvement for which.the property is acquired, or by. the likelihood that the . property would.be acquired for the improvehiont, other than that due to physical deterictra#ion within the reasonable control of the -owner.-or occupant, shall be ? dfOpgarded In determining the compensation for the property. .. (b) The-public entity shall provide the owner of real'properfy-.to be acquired with. a 'written statement. Of, `and summary, of the`basis fdr, the amount it i establ'Mad as just' compensation ,-The written statement and sum' mary'shat! n . contain detail s€�fff tient to indicate clearfy,Me basis for the offer;including, W1 not limited to,all of the following,information. . {fj. The data of valuation, highest and. best use;and applicable.z9ning . operty:. 'Me .principal transactfons, reproduc#lan or replacement cosi analysis, or capitalizatfon 'analysis,'6upporting the daterminatlon of value, Where a nate, . . . (3) FAA the Just compensation' for the real .property acquired anal for damages-to remaining real property shall ba separately stated .and shall include the calculations.and narrative eXplanatibn Supporting..the c m. pensstion, including any offsetting 'benefffs. (c) Where.the property involved is owner occupied:residential'-prgperty and f. contains'no more than four residential-units, the borrieowner'shall,.upon request, be allowed to review.a copy of the appralsal upon which the offer is'Nosed. The public entity may, but is not required to, satisry.rhe-writtelh statement, suMi4ry,. and review re' uirements of this section by providing the owner.a copy of the appraisal on which the offeris based. I i EXHIBIT"A"' ! PRELIMINARY LEGAL DESCRIPTION Portion of Assessor Parcel 668-242-16 E Perrmanerit Easement That portion of Parcel I of Parcel Map 8,9-434; in the.City of San Juan Capistrano, j County of Orange, State of California, as shown on map filed in Book 255 Pages 36 and ! 37 of Parcel Maps, Records of said.Orange County, described as follows: i Beginning at the most southwesterly,corner of said Parcel 1;. Thence along the southwesterly,line of said parcel, North 36°44'5,8"West, 1.x.76 feet to the beginning of a non-tangent curve concave northerly and having a radios of 1450.00 feet, a radial line to said point.bears S. uth 00009'07"East- ' 0 Thence easterly along said curve; 62,33 feet through a central angle of 02°2746"to the beginning of a compound curve concave northwesterly and having a radius of 283.00 feet; Thence northeasterly along .said curve, 85.88 feet through a central angle of 17"23'15' to the.beginning of.a.compound curve concave northwesterly and having a radius of 274.00 feet; Thence northeasterly along said curve, 145.74 feet through a central. angle of 30°28'35° to the most easterly comer of said Parcel 1, tieing on the northwesterly line of Del Obispo Street, having a northwesterly half-width of 36.00 feet, said point going the point of cusp of a curve concave northwesterly and having-a radius.of 314.00 feet, a radial line to said curve bears South 50°284.3" East; Thence southwesterly along said curare-and northwesterly and northerly line of Del Obispo Street, 282,07 feet.through a central angle of 51°28'13' Thence continuing along said northerly litre, .North.89"00'30"Vilest, 6:75,feet to-the Point of Beginning. Contains 1,677 square feet, more or less l As shown on Exhibit "B" attached hereto and by.this reference made a part hereof David O. Knell PLS 5301 Date �����,o �' C:1Sanipancapisranol668-242-16_doe ` L,S.5391 "' i D cember 11,2008 EXP. 12-3.1-09 ., NN EXHIBIT j EXHIBIT 2 iii a1n 3 -t E '9 2SE5 , / 36-31 tvs Q� :3402 t z' D=02'2V.46' i..,. . I ►�En ��85. � j r R=145Q..Ota' :. 1 15 Sir;" pc� vo � � N89°F10"3fl"YY f 6.75' f 0 13. .. PRELIMINARY ih VC�Ii.Lp.AN SCAU t!, 40' PATE DEC i SKETCH �� ACCOMPANY 7�i1 da 10'. zQoa; ENG5 © PLANNERS 13497 CROSSROADS PARKWAY tIFIRTR. S[J.ET£ 4py DRAWN BY Q,BEYERSpCH 669-242-16.9CH i 7H7]F}STi1Y. CA. 97746-3497 LEGAL DE S CR I P T I aN tS52} 9E78-62E10 CHECKED BY DMIELL 5JCAP/DEL/RWTAKE5 a EXHIBIT"A" PRELIMINARY LEGAL DESCRIPTION Portion of Assessor Parcel 668-242-16 Sidewalk Easement 3 That portion of Parcell of Parcel Map 89-434, in the City of San Juan Capistrano, County of Ofange, State of California, as shown on map filed in gook 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County, described as follows: Commencing at the.most southwesterly corner of said Parcel 1; Thence along the southwesterly line of said parcel, North 36°44'58"West, 15.76 feet to the beginning of a narl4angent curve concave northerly and having a radius of 1450.00 feet, a radial lire to said point bears South 00'9'07" East; Thence easterly along said curve, 02-.33 feet through .a pentral angle of 02°27'46"to the beginning of a carimpound cutin; concave northwesterly and having a radius of 283.00 feet; Thence northeasterly along.said curve, 16.08 feat through a central angle of 03°15'22" to the.True Point of Re innin Thence continuing northeasterly along said curve, 69.80 feet through a central angle of 14°07'53"; Thence non-tarigenf North 73°45159"1 bst17.02 feet; Thence South 72007'03'West, 10.40 feet; Thence South 52°15'24"West, 5:64 feet to the beginning of a non-tangent curve having a radius of 2:81.00 feet and being concentric with the above referenced curve having a radius of 283.00 feet, a radial line to said point bears South 15037'45" East; Thence westerfyafong said curve, 41.78 feet through a central angle of 08°31'11'; Thence non-tangent South 61.01'2048"Vilest, 6.42 feet to the True Point of Beginning. Contains 161 square feet, more`or less As.shown on Exhibit"B"attochod,hereto and by this reference made a part hereof wjf5 k David 4. Knell PLS 5301 Date. C:kSan3iranCapisrand1668-242-1:6.dcc. L:S: 301 r�ecemEier I1',2flfl6 x 7.12-39-09 EXHIBIT en n� I , i .. E � R1!� J � I\JJ9 55 •36-37 � l f�o ��S Z� to-a. �i Ty�`L• a te! ion a v4"p U T gwcp 1 E 2r z [ Y 1 'E. acFO t�l..u'1j 4�1 14n1'^ir � �f♦ p 1. - C•S'C4 N C]! p1 uk(tt 4 4 cP Ci O 1 a ] ct z[ :31A- [ =62:3'3` ,^� 4 ----------- - ...D=Sit"n� TPQB RAC `� `�,_.. p=51°28't3" •_ p:5?'7���5�g�� ,., 0�sjspo ID,E-L E. .E 1 i PRS LIMINARY wtLPars SCALE ,� ao DATE DEC 10. LooeENGSKETCH TO ACCOMPANY CROSSROADS P RXWA ANNERS 1379! caassaa�as PaalcsFa� eaonFts.-sutra 409 pRAW116Y0.8EYER8Atk 658-242-965.01W INpUsSsF6Rztt. CA -349 9ua � 8Y .KNEdePlpE /RWLEGAL DE SC pI R` I ON 62M � 3 32400 PASEO AOELANTO fi� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 52675- . (949)493.1171 11 SAAAALLEUATO (945)493-1053 FAx • (STABUSNFB f 981 THOMAS W.HRIBAR www.sanjuancapistrano.org 1776 MARK NIELsEN ® OR.LONDPES LISO s a 3 1 January 30, 2009 Mr. Tony and Mrs. Orrle Brown Plaza de Prosperidad, LP 32432 Alipaz Street, Suite Al San Juan Capistrano, CA 92675 RL: CIP 111 - Del Obispo Street and Camino Capistrano Intersection Improvements Dear Mr.Tony and Mrs. Orrie Brown: ? The City of San Juan Capistrano is engaged in a project to acquire land to construct ' improvements at the intersection_ of Del Obispo Street and Camino Capistrano. As part of this project the City desires to acquire property located on the north side of Del Obispo Street. A preliminary title report indicates that APN 668-242-16, of which the City wishes to acquire 1838 square feet("Parcel"), is vested with Plaza de Prosperidad, LP. This correspondence is being sent to you as Government Code section 7267.1 provides that a public entity shall make every reasonable effort to expeditiously acquire real property by negotiation rather than by litigation in the form of condemnation action. California. Government Code section 7267.2 (a) provides that before initiating f negotiations for the acquisition of real property the City shall: Make an offer to the owners of record to acquire the property for the full amount that the public entity has established as just compensation; r Make an offer that is not less than the public entity's appraisal of the fair market value of the property; i ® Provide the owner(s) with a written statement and summary basis for the amount that the Agency has established as just compensation; and 6 Provide the owner(s) with a general statement of information regarding the acquisition of property by a public entity In order to initiate negotiations regarding the proposed acquisition of the Parcel (962 square feet, your entire property), the City has enclosed (1) an offer to Purchase and (2) a Statement and Summary of the Basis for Appraisal and Amount of Just Compensation ("Appraisal Summary Statement"). The purchase offer is for the full San Juan Capistrano: Preserving the Past to Enhance the Future EXHIBIT B V Printed'on 100°h recyded Paper. I Page 2 Mr. Tony and Mrs. Orrie Brown amount the City believes to be just compensation for the Parcel and is not less than the approved appraisal of the Parcel's fair market value. The basis for the City's offer is explained in the"attached Appraisal Summary Statement. If you are concerned about the propriety if the City's valuation of the Parcel, you may wish to obtain an appraisal of the Parcel. Under Code of the Civil Procedure section 1263.025, the City is obligated to offer to pay for the reasonable costs, not to exceed five thousand dollars ($5000), of an independent appraisal ordered by the owners of the Parcel. The independent appraisal must be conducted by an appraiser licensed i by the Office of Real Estate Appraisers. After you have had an opportunity to consider the Offer to Purchase and Appraisal Summary Statement we will be contacting you to discuss the acquisition of the Parcel. We have enclosed a."Statement of Information Relating to Acquisition Procedures for : Purchase of Real Property or an Interest Therein" by a public entity that may or may i not be applicable to this proposed acquisition. We thank you for your time and look forward to negotiating an agreeable settlement for the acquisition of this Parcel. If you have any questions regarding the City's . proposal., please contact Nisha Patel at(949)443-6350. Sincerely, i Dave Adams City Manager Attachments i C: Omar Sandoval Nasser Abbaszadeh i I i i i I , 1 OFFER TO PURCHASE (Government Code sections 7267.1(a)and 7267.2(a)) The City of San Juan Capistrano („City") is proposing to construct improvements at the intersection of Camino Capistrano and Del Obispo Street and seeps to acquire property located on the side of Del Obispo Street, including 1838 square feet of real property known as APN: 658-242-16 (the 1838 square feet is referred to as the"Parcel").A preliminary title report'indicates that (1)APN 668-242-16 is vested with Plaza de i Prosperidad, LP. The City has established through an appraisal that the fair market value and amount it believes to be just compensation for the Parcel is One Hundred.and Twelve Thousand Dollars($112,000.00) E f The City, therefore, proposes and makes a formal offer to acquire the entirety of the Parcel under the following terms and conditions: i The City, therefore, proposes and makes a formal offer to acquire the entirety of the Parcel under the following terms and conditions: 1. Purchase Price:The City offers to pay as compensation for the acquisition of the Parcel the cash sura of One Hundred and Twelve Thousand Dollars and Zero Cents($112,000.00). 2. Title: The City must receive title to the 1677 square foot portion of the Parcel in fee simple form free of any encumbrances.The City must receive title to the 161 ! square foot portion of the Parcel in fee simple for sidewalk purposes. I Closin Within six[ 6{t days of the opening of escrow or sooner as the parties ._.�3_ Y ( ) Y p 9 ( may agree after title is cleared). 4. Closing Costs and Escrow Fees: City to pay closing costs and escrow fees. 5. Due Dili ence Period: The City will have reasonable access to the Parcel and sufficient time to conduct its due diligence, including environmental assessment, [ at the City's cost, and rev lew and approve title. 6. Definitive Purchase A reement: The parties will execute a definitive Purchase and Sale Agreement (the"Purchase Agreement") in a form satisfactory to both E parties. The Purchase Agreement will set forth all the terms and conditions F associated with the purchase transaction. I 7. Taxes, Liens and Encumbrances, Prior to the close.of escrow, owners shall pay p e taxes, liens, outstanding debts, and special assessments. City shall pay recording fees, transfer taxes, and pro rata portion of real property taxes or special assessments that are allocable to any period after the close of escrow, The owners shall otherwise convey title free'and clear of any encumbrances, j 8. Coq eration between the Parties: The parties agree to cooperate.in the execution of all necessary documents. r 9, Broker involvement: If this transaction involves a broker, sellers shall be solely responsible for paying any real estate commissions or other fess. For your information,.when property is sold to the City, there is the same obligation as in a private transaction for the owner(s)to pay through escrow the amounts needed to remove liens and encumbrances. If you elect to accept this offer, you will be asked to sign a formal written Purchase Agreement and grant deed conveying the Parcel to the City,which must then be ratified and approved by City Council. if you have any questions regarding the City's i proposal, please contact Ms. Nisha Patel (949)443-6350. 3 3 j Ii iEI f i II ' I t , 3l Ilk - Statement of Information Relating to Acquisition Procedures-for Purchase ;of Real Property or an Interest.the I I Reel property acquisition and relocation guidelines provide that each owner from whom the City of San Juan Capistrano CCity") purchases real property or an interest therein, . or each tenant owning improvements on saidproperty; be provided the following information that may or may not be applicable to your property and the . . } proposed acquisitio€, 1. You are entitled to receive full payment prior to vacating the real,property.being it purchased .unlessou waive such entitlement. You -are not required to a recording.fees, transfer taxes, or the'pro�rata portion of real property taxes that . are allocable toy period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s).considered by the City to be uneconomic units that are owned by you or, if applicable, occupied by you as a tenant and that are contiguous to the land being conveyed. S. 'All buildings,.structures, and other improvements affixed to the land described in the referenced documents) covering. this transaction and 'owned by the. grantor(s) herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements has been made. The interest acquired is the entire fee as described in the endlosed offer. 4. The amount determined .to be just compensation was determined after consideration-of an appraisal of the fair market value of the property. The basis for the amount determined to be just compensation. is summarized on the . attached Statement and Summary of the Basis for the Amount Established as Just'Compensatlon.'The amount of the offer; a. Represents the full.amount that the City established as the amount that; j it believes to be just compensation; b. Is no less than the hall•amount of the City's approved appraisal of fair market value for the property to be purchased, c. Disregards any decrease or increase in.the fair market value of the real. property proposed to be acquired prior to the date of valuation caused -_�b_y the public improvement•for which the property is to be:acquired'or the likeiihpod that fibs property would be acquired fear such public improvement,' other than due to .physical deterioration within the reasonable control of the owner or occupant; 1 , d. Does not reflect any consideration of or allowance for any relocation i assistance and payments or other benefits the owner is entitled to receiveunder an agreement with the City;.and I e. Considers any•diminution in value to the Tema€rider of the parcel caused by a partial taking of the entire:parcel. 5. The owner of a business conducted on a property to be acquired,,or'conducted on the remaining property which will be affected by the purchase of the required f property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent,'U on the 'business owner's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of-the Code of Civil Procedure: I 6. . "Fair Market Value"as used in the offer and by,the appraiser is"the higoest price on the date of valuation that would be agreed by a seller, being willing to sell but finder no particular or urgent necessity for doing so, nor obligated to sell, and a, buyer, being ready, willing and able to buy but under no particular necessity-for so doing, each.dealing with the full knowledge of all the uses and purposes for.. which the, property is -reasonably adaptable- and available." (Code of- Civil Procedure.section 1263.320). If you ultimately elect to reject the-offer of the City 4for your property, you are entitled to have the amount of compensation .determined by- a court -of law in accordance with-the laws ofthe•State of Caiifomia. 3 ' f4` - i - r E Appraisal Summary Statement i Basis of Appraisal. The market value for the property to be acquired is based upon an appraisal prepared k in accordance with accepted appraisal principals and procedures,Recent.sales of comparable properties, income data,and depreciated replacement costs are utilized,as appropriate.Full consideration is given to zoning,development potential,and income the property is capable of producing. General Property data - Larger Parcel Owner: Plaza De Prosperidad Subject Property Location: 31877 Del Obispo Street San Juan Capistrano,California i Assessor's Parcel Number: 668-242-16 Present Use' Business center Highest and Best Use:. As improved Total Property Area of Larger Parcel(SF): . 0.94 acres(40,946.40 SF) Property,Considered E for Acquisition: Permanent easement 1,677.00 SF Sidewalk easement 161.00 SF t Basic Property Data - Proposed Acquisition i Interest Valued: Fee,permanent easement,sidewalk easement Area to be Acquired: Permanent easement- 1,677:00 SF Sidewalk easement 161.00 SF Date of Valuation: January 15;2009 Applicable Zoning: General Commercial [ Improvements: portion of hardscape and landscape Physical Limitations: None Principal Transactions: See attached Replacement Cost Analysis: nia Capitalization Analysis: n/a i i 1 , Appraisal Summary Statement Plaza De Prosperidad Ownership l 31877 Ciel Obispo Stmt, Sats Juan Capistrano 1 i 1 _ . .. ....... ....... ..... Market Value - Proposed Acquisition Permanent Easement: $75,465 Sidewalk Easement: $7,245 Improvements: $28,653 Severance Damages to the Property Due to the Proposed Acquisition: $0.00 Calculations for Arriving at Severance.Damages:. See attached Narrative Explanation Supporting Compensation,Including Offsetting Benefits: See attached Total Just Compensation for Acquisition (rounded): $112.,000 3 Appraisal Firm: Hennessey&Hennessey LLC . Prepared by(signature): i Name(printed): Sharon A.Hennessey _0 Date: January 15,2009 I Definition of Fair Market Value (See Code of CYW Procedure 12,663.320,a&b) 3 1 (a) The fair market value... is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing,nor obliged to sell,and a buyer,being ready;willing and able'to buy under no particular necessity for doing so, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. f Appraisal Summary Statement , Plaza De Prospendad Ownership 31877 Del Obispo Street, Sari Juan Capistrano 2 I, i Value a Larger Parcel Market Data Summary - Vacant Land Transactions Site Date Size SF Sales Price f Location of Sale Zoning Traffic Count (Acres) Price per SF 7 2 Journey. 5108 $P N/A- Journey 47,742 $1,700.000 $56.55 Aliso Viejo. 2 El Camino Real 91/07 NC3 13,000- El Camino Real 19,602 $500,000 $25.51 i San Clemente (0.45) 3 29522 Plano T'ra5uco ltd. 6107 RL nla- Plano Trabuco Rd. 82,328 $3,850,000 $46.76 Rancho Santa Margarita 4 33741 Camino Capistrano 11106 CM 20,000- Camino Capistrano 16,901 $505,000 $29.88 j San Juan Capistrano (0.39) 5 NWC Santiago& . 9106NC 17,000- EI Camino Real 13,000 $755,000 $58.08 El Camino Real (0.30) ; San Clemente The value of the larger parcel(land only)is calculated as: 40,946 Sp x $45.00 per SF _ $1,842,570 i Value - Part Taken Land Value The City of San Juan Capistrano is acquiring two easements. One is a permanent. . I easement for street improvement purposes,and the other is a sidewalk easement. These acquisitions are considered tantamount to a fee acquisition and will be paid for as such. i' The value of the parts taken contributes to the value of the larger parcel based on the average value of the whole..The appraisal of the larger parcel's site indicates a land unit rate of$45.00 per SF, The value of the land within the part taken is calculated f as follows: Permanent easement: 1,677 SF x $45.00 per SF = $75,465 Sidewalk easement 161 SF x $45.00 per SF = .7,245 $82,710 Improvement Value The costs of the improvements within the parts taken were obtained from 1t &shall j Valuation Service published by Marshall & Swift. To these costs thelocal and current . cost multipliers were added.The depreciation percentages were also obtained from this i i c — Appraisal.Summary Statement Plaza©e Prosperidad Ownership i 31877 Del Obispo Street, San Juan Capistrano 3 i [ cost manual.Only the items.not being replaced as part of the City's construction are paid for below. s ° f~ CI�cr t { Fail{ � illg .u`:.204W5,s., - Irrigated[awn 190 SF x$2.93 $557 0% $557 Trees 6 x$3,455 $20,730 0% $20,730 Irrigated landscaping 706 SF x$8,23 $5,8100°lo $5,810 Stamped concrete v4k 55 SF x.$16.40 $902 68% $289 . Asphalt concrete paving 848.5E x$3.13 $2,654 68% $849 V-gutter 10-LF x$63.40 $634 68% $203 6'-high concrete curb 20 LF x$20.64. $413 48% $215 ( Total $28,653 f Remainder in the After Condition Following is a brief description of the parcel in its after condition. Size and Shape ±39,269 SF(k0,90 acres),of which 161 SF is encumbered by a sidewalk easement,irregular Improvements15,000-SF net rentable office building I The highest and best use of the remainder in the after condition is the same as in the before condition. After Condition Value - Land Only f E ' The same.land sales were used to appraise the remainder's site as were used j in the before condition valuation. The indicated value of the remainder(land a only) is$45.00 per SF. 39,108 SF X $45.00 per SF—$1,759,860 Severance Damages 1 The site was Lappraised as though vacant because the major improvements 'were not permanently impacted.The impacts were to the hardscape and I I ' I Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 Del Obispo Street,San Juan Capistrano 4 landscaping, which does not have to be re-established. Portions of three parking spaces arewithin the part taken, and one additional space would not ? be usable due to the taking.In order to recapture these four spaces,the City will give the owners an adjacent parcel that is,owned by the City. This parcel totals 547 SF and is valued at$45.00 per SF,for a total value of$24,615. With the addition of this 547"square feet of land, the City can reconfigure the existing lot in such a way that four parking spaces can be recaptured. Thus, j the number of parking spaces in the after condition will equal the number of spaces in the before condition. This work.will be performed by the City's contractor as part of the project. C Before and After Analysis - Land Only Value of the Larger Parcel $1,842,570 Value of the Part Taken 82,710 Value of Remainder.as part ofthe whole $1,759,860 Less:Value of Remainder in after condition 1,759,860 Severance Damages $ 0 I ' Benefits The remainder is benefitted by this project due to improved traffic flow and safety. The quantification of any benefits as they apply to the fair market value enhancement of specific property would require a specific and extensive study.Assigning a specific dollar benefit to a particular property would be speculative without such a study.In this case, it is moot, since there are no severance damages to offset. 1 i I j h i Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 Del Obispo Street, San Juan Capistrano 5 32400 F'ASEO ADE ANTo i MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 !94=33 493-9171sten ALL EVATa iikkPoBdffk LAU AFREESE (949)i&93.1053 PAXiacunsc i96 THfl{atA9 W.HRIBAR WWW yanjuancaplstrano-org 1776 _ MARK NIELSEN a ® OR LONDRES USO February 12, 2009 Mr. Rick E. Rayle Nossaman LLP 18101 Vora Karman Avenue Suite 1900 Irvine, CA 92612 Re: CITY CIF' NO. '119 — DEL OBISPO AND CAMIINO CAPISTRANO INTERSECTION IMPROVEMENTS — PROPERTY ACQUISITION Dear Mr, Rayl: Subsequent to the City of San Juan Capistrano City Council meeting of February 3, 2009, and your clients' desire to conduct your own property appraisal for 1,838 SF of the property that is required for our project, please note the following: 1. Attached are final design plans for this project that your appraiser may utilize (As stated previously, we had left the parking layout as an open discussion item. However, we have concluded that the present layout is the optimum design and the attached plans are the final plans), 2. We have updated and attached our appraisal summary and stricken any references to "easements," The total property that we are interested in is 1,838 Sl= in fee simple (this includes the 161 SF for sidewalk purposes). 3. Please note that we will offer the excess property from the "Seaside Ranchos property" to your clients at the same dollar amount that the City pays for it (currently, the two appraisals for both properties are shown to be $45 per SF). The excess property will be 547 SF (the number is shown in the attached appraisal summary). 4. Please note that the City is offering the sum of $112,000 for the 1,838 SF as indicated in the appraisal summary. ATTACHMIENT 2 San Juin Capistrano., Preserving the.Fast to Enhance the Future Printed on 100%recycled paper February 12, 2009 Page 2 City ClP No. 111 Please have your appraiser contact me should they 'need additional information or documents related to this. project. We further ask that you share the .results of your appraisal with the City as soon as you obtain them, thank you. In case of questions or comments, please feel free to call me at (949) 443-6398. Sincerely, Nasser Abbaszadeh, Ply. Public Works Director Attachments: 1, Final Project Plans 2. Appraisal summary Appraisal Sullrirr>ary Statement Basis of Appraisal.The market value for the property to be acquired is based upon an appraisal prepared in accordance with accepted appraisal principals and procedures.Recent sales of comparable properties, income data,and depreciated replacement costs are utilized,as appropriate.Full consideration is given to zoning,development potential,and income the property,is capable of producing. General Property Data - urger Parcel Owner: plaza De Prosperidad Subject Property Location: 31877 Del Obispo Street San Juan Capistrano,California Assessor's Marcel Number. 668-242-16 Present Use: Business center Highest and Best Use- As unproved Total Property Area of Larger Parcel(SF): 0.94 acres(40,946.40 SF) Property Considered for Acquisition: 1,838.00 SF Basic Property Data - Proposed Acquisition Interest Valued: Fee Area to be Acquired: 1,838.(30 SF Date of Valuation: January 15,2009 Applicable Zoning: General Commercial Improvements: Portion of hardscape and Landscape Physical Limitations: None Principal Transactions: See attached Replacement Cost Analysis: n/a Capitalization Analysis: n/a Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 Del Obispo Street, San Juan Capistrano 1 Market Value - Proposed Acquisition Fee: $82,710 Improvements- $28,653 Severance Damages to the Property Due,to the Proposed Acquisition: $0.00 Calculations for Arriving at Severance Damages: See attached Narrative Explanation Supporting Compensation,Including Offsetting Benefits: See attached Total Just Compensation for Acquisition (rounded): $112,000 Appraisal Firm: Hennessey&Hennessey LLC Prepared by(signature): con Name(printed): Sharon A. Hennessey Date: February 5,2009 Definition of Fair Market Value (See Code of Civil Procedure 1263.320,a&b) (a) The fair market value... is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing,nor obliged to sell,and a buyer, being ready,willing and able to buy under no particular necessity for doing so, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available: (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Appraisal Summary 8tatebient Plaza De Prosperidad Ownership 31877 Ciel Obispo Street,San Juan Capistrano 2 Value - Larger Parcel Market Data Summary- Vacant Land Transactions site Date Size SP Sates Price Locations of Sale Zoning Traffic Count (Acres) Price per 8 1 2 Journey. 5108 BP NIA- Journey 47,742 $2,700,000 $56.55 Aliso Viejo (1,10) 2 EI Camino Deal 9147 NG3 13,000- EI Camino Real 19,602 $504,000 $25.51 Saiz Clemente (0,45) 3 21522 Plano Trabuco Rd 6107 RL nia- Piano Trabuco Rd. 82,328 $3,850,000 $46.76 Rancho Santa Margarita (1,89) 4 33741 Camino Capistrano 11106 Cly 20,000- Camino Capistrano 1$,901 $505,404 $29.88 San Juan Capistrano (0,39) 5 NWG Santiago& 9166 NC 17,000- Ef Camino Real 1300 $755,000 $58.08 El Camino Real (0.30) San Clemente The value of the'larger parcel(land only)is calculated as: 40,946 SF X $45.00 per SF = $1,842,570 Value - Dart Taken Land Value The value of the part taken contributes to the value of the larger parcel based on the average value of the whole. The appraisal of the larger parcel's site indicates a land unit rate of$45.00 per SF.The value of the land within the part taken is calculated as follows; 1,838 SF x $45.00 per SF — 82,710 improvement Value The costs of the improvements within the pants taken were obtained from Marshall Valuation Service published by Marshall& Swift, To these costs the local and current cost multipliers were added.The depreciation percentages were also obtained from this cost manual.Only the items not being replaced as part of the City's construction are paid for below. Appraisal Summary Statement Plaza pe Prosperidad Ownership 31877 Del Obispo Street, San Juan Capistrano 3 Repfaegment Less Fair Market Value Item dosk t+isw Deprsp(a�ion, In Use Irrigated lawn 190 SF x$2.93 $557 0% $557 Trees 6 x$3,455 $20,730 0% $20,730 Irrigated landscaping 706 SF x$8.23 $5,810 0% $5,810 Stamped concrete walk 55 SF x$16,40 $902 68% $289 Asphalt concrete paving 848 SF x$3.13 $2,654 68% $849 V-gutter 10 LF x$53.40 $634 68% $203 6%high concrete curb 20 LF x$20.64 $413 48% $215 Total $28,653 Remainder in the After Condition Following is a brief description of the parcel in its after condition. Size and Shape - 39,108 SF(±0.90 acres);Irregular Improvements 15,1300-SF net rentable office buildin The highest and best use of the remainder in the after condition is the same as in the before condition. After Condition Value - Land Only The same land sales were used to appraise the remainder's site as were used in the before condition valuation. The indicated value of the,remainder(land only)is$45.00 per SF, 39,108 SF x $45.00 per SF=$1,759,860 Severance Damages The site was appraised as though vacant because the major improvements were not permanently impacted. The impacts were to the hardscape and landscaping,which does not have to.be re-established. Portions of three parking spaces are within the part taken,and one additional space would not be usable due to the taking, In order to recapture these four spaces,the City Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 De!Obispo Street,San Juan Capistrano 4 will give the owners an adjacent parcel that is owned by the City.This parcel totals 547 SF and is valued at$45.00 per SF, for a total value of$24,615. With the addition of this 547 square feet of land,the City can reconfigure the existing lot in such a way that four parking spaces can be recaptured. Thus, the number of parking spaces in the after condition will equal the number of spaces in the before condition.'Phis work will be performed by the City's contractor as part of the project. Before and After Analysis - Land Only Value of the Larger Parcel $1,842,570 Value of the Part Taken 62,710 Value of Remainder as part of the whole $1,759,860 Less:Value of Remainder in after condition 1,759,860 Severance Damages $ 0 Benefits The remainder is benefitted by this project due to improved traffic flour and. safety. The quantification.of any benefits as they apply to the fair market value enhancement of a specific property would require a specific and extensive study. Assigning a specific dollar benefit to a particular property would be speculative without such a study. 1n this case,it is moot,since there are no severance damages to offset, Appraisal Summary Statement Plaza De Prosperidad Ownership 31877 Del Obispo Street,San Juan Capistrano S Valuation Analysis Plat of the Part Talon 1 O 2 EXHIBIT "gB of Pm No. eq-434 P.M.8 2.5 i 36-3-1 ' 2118 a„ Ci F �k ,q 21 �I8$ 411 i� L�62.3�� `��q ��17.2$'115•• p+."S �"��� 6.75 g Ole w WSl)dwe tYH t. AA7 1"R 40' I A'M KC 10 ftHOtA�A SKEW CH TOACCOA'ANY mil .. Y, WPM wcx,us '* �z�z' LEGAL DESCRIPTION: �Ynosrnr.u.�r�s-ans V dAWU $JGJi3'JO£l.lWAKES 39613 Mi�70G... JXM Wi idan Associates Date of Value.January 15,2009 Playa De Frosperidad Ownership(3 877 Dei Obispo Street) Valuation Analysis Plat sof Sidewalk 2 OF 2 EXHIBIT B �. PM NO. 116 PMa 255 ! , .v I�alCtii 8Iw 1 r Yr t rPOO ps'F.6�'•p4s ------------ x Neilawmlv WILLD'AKJ SC;iL#' »µF"u 40' � _ ME 9M 35.2068 SKETCH 4.f Rri�r 6YM Fitt ZE�JOECRS a F°i.kNY RS .dr G.BEUEt�nPl 65a-z�2-i55. t SK 4Y'`}'t LEGAL GE5CR I PT I ON r Willdan Associates Date-of'V'alue:January 15,2009 Plaza De Prosperidad Ownership(31877 Del Obispo Street) 9 52400 FAvsV0 AL�L € GAN JUAN C<Ch&MSTRANO, � s � SAM AlLn(ATO S4t3l 40;11171 (9 49 3 493 1 OF5 3 FA X Lr US NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San .Juan Capistrano will meet at 6:30 p.m. on Tuesday, March 3, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of Resolution of Necessity Authorizing the Acquistion of Property for Del Obispo Street and Camino Capistrano Intersection Improvements (CIP No. 111)(APN 668-242-16; Owners Plaza de Prosperidad, LP) " _ Item No. E1. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 2, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Nisha A. Patel, PE, Associate Engineer. You may contact that staff member at (949) 443-6350 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanluancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit yclerk c-bsanjuancapistrano.org. Meg Monahan, MMC City Clerk cc: Mr. Tony and Mrs. Orrie Brown, Plaza de Prosperidad, LP; Mr. Rick E Rayle; Nasser Abbaszadeh, PE, Public Works Director; Nisha A. Patel, PE, Associate Engineer 02/27/2009 14 42 FAX 9498337878 NOSSAMAN LLP 3f312009 El Ffi NOSSAN" Ar 18101 Von Karman Avenue Suite 1800 Irvine,CA 92612 T 949.833.7600 2009 FEB 2 1 P 3= 43 - F 949.833.7878 VIA FACSIMILE & HAND OELItVE YC�1 �' i� .i;.�`�}�` Rick E. Rayl �J rrayl@nossaman.com Refer To File#, 111111-2222 February 27, 2009 San Juan Capistrano City Hall Attn: City Clerk 32400 Pasco Adelaoto Sara Juan Capistrano, CA 92675 Re: Opposition Of Plaza de Prosperidad To The Adoption Of A Resolution Of Necessi For Tlae Ac uisititan Of lits Pro er ltu The C% Of S an Juan Capistrano,APN 668-242-16 Dear City Clerk: In response to the January 16, 2009; "Notice of Hearing Regarding the Intent to Adopt Resolution of Necessity to Acquire Real Property by Eminent Domain, Assessor's Parcel Number 668-24216"by the City of Sana Juan Capistrano ("City"), please accept this as an opposition to the City's purported intent to adopt a resolution of necessity At the City Council's March 3, 2049, Meeting. OBJECTIONS Our firm represents Plaza de Prosperidad, LP, ("Plaza de Prosperidad"), the property's owner. Plaza de Prosperidad objects to the bearing regarding the intention of the City to adopt a resolution ofnecessity and to the City's adoption of such a resolution. Among other errors and irregularities, the City's adoption of a zesolution of necessity is improper for the following reasons: >l. The Ci Did Not Properly Make An Offer To Plaza de Prosperidad As Required By Government Code Section 7267.2- A public agency is required to make an offer to the: property owner for the full amount of just compensation. (Gov, Code, § 7267.2.) The City did not do so. Specifically, while the City purports to have made a written offer of compensation to Plaza.de Prosperidad, that`offer." is not based on a competent appraisal of the interests being acquired, and, more importantly, the"offer" is not a true offer at all. This invalidates any effort to adopt a resolution of necessity, as the City Inas failed completely to undertakc good faith negotiations to acquire the property without the need for eminent domain. (See Gov. Code, § 7267.1,) California Code of Regulations, Title 25, section 6182, subdivision (i)(1) states: 290442 1.DOC �Odas - haesam�ln.cam 02/27/2009 14 42 FAX 9498337878 NOSSAMRN LLP j003/006 Ciiy Clerk February 27,2009 Page 2 Prior to commencement of an eminent domain proceeding the public entity shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property. The owner shall be given a reasonable opportunity to present material which he believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the public entity shall carefully consider the owner's presentation. Subdivision (i)(1) states that if the evidence suggests a modification in the price, "an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner," As one court explained: "Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to acquire d)at propezty by negotiation." (Johnston v. Sonoma County Agricultural Preservation and Open Space.Dist. (2002) 100 Cal.AppAth 973, 988.) City's "Offer" Is Based On A Fatally Flawed Appraisal The City's offer is based on an appraisal that does not even purport to appraise the interests the City plans to acquire. First, the appraisal does not account for most of the trees the City plans to take. These trees are decades old, and their replacement would be extraordinarily expensive (many thousands of dollars each). Yet, the City's appraisal only recognizes the City's plans to take 6 of the 14 trees the City's plans call for acquiring. This results in an appraisal substantially below the value of what the City is condemning. And, by categorically omitting a key component of compensation, the appraisal does not meet the Government Code's requirements, as a matter of law. Second, the appraisal's severance-darn age analysis rests on the assumption that the City is providing to Plaza de Prosperidad approximately 550 square feet of property to be used in reconfiguring the parking lot. The appraiser reaches her conclusion that no severance damages will occur in large part because of that assumption. That assumption is false. The City has never offered to provide Plaza de Prosperidad with those 550 square feet. The City does not even own that property. And, most importantly,the City has recently told Plaza de Prosperidad, through its counsel, that its intent is to offer that 550 square feet for sale to Plaza de Prosperidad at fair market 'value. This izrvalidates the City's appraiser's severance-damage analysis, a key component of the appraisal. Moreover, the appraiser's severance-damage analysis does not appear to rely on the City's tactual plans for the property. It does not address the serious changes to the parking lot and its circulation that will occur upon implementation of the City's plans. From this omission, it appears the City's appraiser may not even have had access to the City's complete plans. This is a fatal flavor. 2904 42_t.DOC 02/27/2009 14 42 FAX 9498337878 NOSSAMAN LLP ®004/006 City Cicrk February 27,2049 Pagc 3 The City's "Offer" Is Not Even An Offer The City made clear at the February 3, 2009, City Council meeting that the "offer" is not a true offer at all. The City, through the City Attorney, stated at the public hearing that Plaza de Prosperidad has no ability to accept the "offer," because if it attempts to do so, the City would reject Plaza de Prosperidad's .acceptance and would file a condemnation action anyway. This renders the "offer" illusory, at best. Viewed more skeptically, the "offer" is a sham, intended to provide the appearance of compliance with Government Code section 7267.2, but without actually complying. Because the City denies Plaza de Prosperidad could accept its "offer," that "offer" does not meet Government Code section 7267.2's requirements. The City therefore lacks. the authority to pass a Resolution of Necessity, and it lacks the authority to condemn the property, 2. The City Has Not Met Its Obligation To Negotiate In Good[ .with Pirecludin The Adoption Of A Resolution Of Necessity, Even were one to assume that the City's "offer" qualifies as an offer under the law, Plaza de Prosperidad has not had an opportunity to negotiate with the City concerning that "offer." The City advised Plaza do Prosperidad that it was entitled to obtain its own appraisal, at the City's expense, in order to evaluate the City's appraisal. By the time Plaza de Prosperidad obtained copies of the City's plans, it did not have time to obtain its own appraisal and negotiate with the City prior to the March 3, 2004, meeting. Plaza de Prosperidad is in the process of obtaining its own appraisal; and it anticipates having its appraisal completed within the next several weeks. It would like art opportunity to use that appraisal to negotiate with the City before the City proceeds with a condemnation action, In fact, Government Code section 7267 et seg. mandates that the City provide Plaza de Prosperidad with that opporturkity before adopting a Resolution of Necessity. lythe City adopts a Resolution of Necessity now, before the parties have conducted good faith negotiations based on competent appraisals, the Resolution of Necessity will fail, as a matter of law. The City will subject itself to a right-to-talcs: challenge that will be time consuming, expensive, and which the City will lose. This would constitute a monumental waste of the City's time and money. 3. Public Interest And Necessity Uo Not Require The Pro'ect: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that "public interest and necessity require the project." (Code Civ. Proc., § 1240.030, subd (a)) Yet, the City is seeking to acquire the interests in Plaza de Prosperidad's property for a project that has not yet even been approved. The City's own agenda for the hearing concedes that no plans exist for the City's supposed project, claiming "[w]e expect plans to be finalized in the next six weeks." (Agenda Report, at p. 3.) There is no "urgency of extreme expediency or necessity„ that mandates a condemnation of Plaza de Prosperidad's property, nor is such a condemnation "manifestly desirable or essential to the declared objects" of the City. (See Kenneth Mebane Ranches v. 5uperigr Court (1992) 10 Cal.App.4th 276, 286 (12 Cal.Rptr.2d 5621.) As a result, the City may Licit condemn the interests in Plaza de Prosperidad's property. 290442 1-DOC 02/27/2009 14 43 FAX 9498337878 NOSSAMAN LLP 0 005/006 Ciry Clerk February 27, 2009 Ngc 4 rh 4. The Project Is Not Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good And The Least Plrivate Injury: A public agency may not exercise the power of eminent domain for a proposed project unless it establishes chat"the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury," (Code Civ. Proc., § 1240,030, subd. (b)) The City's project seeks to take unnecessarily portions of Plaza de Prosperidad's property including crucial parking spaces -- even though it could accomplish the same goals without disturbing Plaza de Prosperidad's existing parking. At the very least,the City should explore with the Browns alternative plans that do not unnecessarily impact the property; its failure to do so precludes the City's planned condemnation. 5. Plaza de Prosperidad's Proper Is Not Necessa For The Project: A public agency may not exercise the power of eminent domain fora proposed project unless it establishes that"the property sought to be acquired is necessary for the.project," (Code Civ. Proc., § 1240.030, subd. (c).) As noted, condemnation of Plaza de Prosperidad's property and, more specs ically, several of its parking spaces, is not necessary. 6. The City's Adoption Of A, Resolution Of Necessity Appears To Be An Effort To Coerce An Agreement From Plaza rile Prosperidad On The Price Oi The Property: It is unlawful for the City to "take any other action, coercive in mature, in order to compel an agreement on the price to be paid for the property." (See Gov. Code, § 7257.5.) The City has requested for years that the Browns work with the City on pians for its hypothetical project. The City's abrupt cessation of negotiations over the scope of the take and its initiation of condemnation proceedings is not being done in good faith. 7. The City's Adoption Of A Resolution Of Necessity Will Violate CEQA: We can find no record of the City's preparing an Environmental Impact Report ("EIR") for the project; to the contrary, the City claims the project is supported by only a negative declaration„ As a result, there has been no adequate study of the effects of the project, and there has been no adequate consideration of project alternatives. At a minimum, the project will have the following effects overall; (1) loss of use of key parking spaces on Plaza de Prosperidad's property; (2) impacts on traffic patterns; and (3) impacts on land use patterns. All of these impacts, in turn, will have potential impacts on greenhouse gas emissions. Without adequate consideration of each of these, the City will violate the California Environmental Quality Act ("CE-QA"). 2904421 DOC 02/27/2009 14 43 FAX 9498337878 NOSSAMAN LLP (6006/006 City Clerk Fcbruury 27,2009 Page 5 CONCLUSION For the reasons set forth in this Ietter, the City Council cannot validly adopt the proposed resolution of necessity, plaza de Prosperidad therefore requests that the Council's members not proceed with the hearing on that resolution or, if they proceed, vole to reject the defective resolution. Ver truly yours, Rick E. Rayl OfNossaman LLP RERInn CC., Omar Sandoval, City Attorney (via e-mail) 290442 a.000 02/27/2009 14 42 FAX 9498337878 NOSSAMAN LLP IQ001/008 NOSSAM.ANLLP Facsimile Attorneys at Law 18101 Von Karman Avenue Suite 180© Irvine,CA 92612 T 949.833.7800 1 F 949.833.7878 nossaman.com Datb: 2127109 Time: 2:32 pm Pages' [including cover page] To: City of San Juan Capistrano Company' City of San Juan Capistrano Fax: (949) 493-1053 Phone: (949) 443»6331 From: Rick E. Rayl Phone: 949.833.7800 e-mail: rrayl@nossaman.com Client#: 111111 Matter#: 2222 Message: Original Will Be Sent Via Messenger IF YOU DO NOT RECEIVE THE NUMBER OF PAGES INDICATED ABOVE, PLEASE CALL Nancy Neptune @ 949.833.7800 ATTENTION_ This message is intended only for the use of the individual or entity to which it is addressed and may contain Information that is privileged, confidential,and exempt from disclosure under.appllcabie low. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication Is stricffy prohibited. If you have received this communication In error, please notify us immediately by telephone, and return this original message to us at the above address via the US. Postal Service.Thank you. 313/2®®9 1 Meg Monahan From: Kim Lefner Sent: Monday, March 02, 2909 1:12 PM To: Hon. 'Laura Freese`; Londres Uso; Mark Nielsen; Sam Allevato; Tom Hribar Cc: Meg Monahan Subject: opposition to agenda item -1 Dear Mayor Nielsen and Councilembers Allevato, Freese, Hribar and Uso: As I am unable to attend the City Council meeting tomorrow evening, 1 would like to express my objection to Agenda item#t -1, the reconfiguration of the intersection of Del Obispo and Camino Capistrano to add a right hand turn lane heading west onto Del Obispo. It makes no sense to add a right turn lane onto a street that becomes two lanes, as this action will only serve to bottleneck traffic, I don't understand why this is even being discussed given the budget shortfall San Juan is facing. Surely there are better ways to spend 2 million dollars than to accomodate the bottlenecking of traffic? I urge you to listen to the wisdom of your Planning Commission who unanimously voted against this colossal waste of taxpayer dollars. Thank you, Kim Lefner resident of San Juan Capistrano MT .E , a 21 re CJ WA 3/2/2009 213/2009 ,A,GEND,A, REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Resolution of Necessity Authorizing the Acquisition of Properties for Del Obispo Street and Camino Capistrano Intersection Improvements (CIP No. 111) (APNs 668-242-16 & 665-242-02)(Owners: Plaza de Prosperidad, LP, and Seaside Ranchos, Respectively) RECOMMENDATION: , Conduct the scheduled hearing; and by motion, 1. adopt a Resolution of Necessity authorizing partial acquisition of property at 31877 Dei Obispo Street through eminent domain, and 2. adopt a Resolution of Necessity authorizing full acquisition of the property at 31873 Del Obispo Street through eminent domain. SITUATION Summary and Recommendation As a result of the widening and sidewalk improvements associated with CIP No.111, the City will need to obtain sidewalk easements, temporary easements, and right-of-way in fee from several properties along Camino Capistrano and Del Obispo Street. The property at 31877 Del. Obispo Street is owned by the Plaza de Prosperidad, LP, and property at 31873 Del Obispo Street is owned by Seaside Ranchos. The property owners are aware that the City will be acquiring their property by eminent domain. The Plaza de Prosperidad's parking lot is impacted by the widening. In order to reconfigure their parking lot, the City will need to acquire right-of-way from Seaside Ranchos. Seaside Ranchos has requested that the City acquire their property by eminent domain for tax purposes. The City will need to acquire the Plaza de Prosperidad right-of-way by eminent domain to comply with the requirements of Government Code Section 1090, because a council member has an . interest in the property. The necessity for eminent domain action was discussed at the City Council meeting of January 6, 2009, when proceedings were initiated, and the property-owners questioned this step in the process. Staff is recommending adopting the attached Resolutions of Necessity, Attachment 1 and Attachment 2, which authorize and direct legal counsel to commence condemnation proceedings in the Superior Court, County of Orange, to acquire the properties. Agenda Report Page 2 February 3, 2009 Background Capital Improvement Project (CIP No. 111) Del Obispo Street and Camino Capistrano Intersection Improvements project will widen Del Obispo Street, modify and remove existing medians, and provide dual left turn lanes, one through lane and combination through/ right turn lane in the westbound direction (Attachment 3). Also, portions of sidewalk along Del Obispo Street are being reconstructed to provide ADA compliant sidewalks and driveways. The Camino Capistrano western sidewalk north of Del Obispo Street is being reconstructed and widened to provide wider sidewalks and ADA compliant driveways. The northern "Mission Village Plaza" (Ross Dress for Less) driveway located south of Del Obispo Street is being reconstructed to provide ADA compliance. Additionally, the Plaza de Prosperidad parking lot and Washington Mutual driveway will be redesigned. The project should be in construction in summer of 2009 to protect secured grant funding. Therefore, the City needs to acquire the necessary right-of-way as quickly as possible. A preliminary property appraisal has been completed at the time of staff report, and the final appraisal report is expected to be completed before the Council Meeting. At the January 6, 2008 Council Meeting, the Council directed staff to initiate the eminent domain process by sending letters of notice for the hearing to adopt Resolutions of Necessity. The /tearing notice established February 3, 2009 as the hearing date. At the hearing, the Council will consider: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired is necessary for the proposed project; and The above findings are made since the properties in question are minimal in nature to implement the City's Circulation Element and relieve congestion at the intersection. Agenda Report Page 3 February 3, 2009 This project has been reviewed by the Design Review Committee, Transportation Commission, and most recently the Planning Commission. The minutes of the Planning Commission Meetings are attached as Attachment 5. Staff has met on several occasions (Attachment 4) to discuss the project impacts with the Plaza owners' representative. While, most of the issues have been resolved, one item of discussion still remains on the table: Parking lot reconfiguration. The project plans have not been finalized yet and staff will continue dialogue with the owners' representatives to seek solutions to the satisfaction of all parties. We expect plans to be finalized in the next six weeks. Approximately 1838 square feet of property will be taken in fee simple from Plaza de Prosperidad, and approximately 962 square feet of property will be taken in fee simple from Seaside Ranchos. ENVIRONMENTAL REVIEW The Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines, has issued a negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included. FINANCIAL CONSIDERATIONS We will receive the final property appraisals determining the fair market value of the properties before this Council Meeting. There is sufficient funding in the budget for the acquisitions. NOTIFICATION Mr. Tony and Mrs. Orrie Brown, Plaza De Prosperidad, LP Mr. Robert Dolley, Sr., Seaside Ranchos Agenda Report Page 4 February 3, 2009 RECOMMENDATION: Conduct the scheduled hearing; and by motion adapt two Resolutions of Necessity authorizing partial acquisition of property at 31877 Del Obispo Street, and full acquisition of the property at 31873 Del Obispo Street through eminent domain. Respectfully submitted, Prepared by, Nasser Abbaszadeh, PE Nisha A. Patel, PE Public Works Director Associate Engineer Attachment(s): 1. Resolution of Necessity for Plaza de Prosperidad property (includes Notice of Intent) 2. Resolution of Necessity for Seaside Ranchos property (includes Notice of Intent) 3. City Council Agenda Report for Meeting on 6/21/05 4. Tables of Contact with Plaza de Prosperidad 5. Planning Commission Meeting Agenda Report 1/13/09 and Minutes for Meetings on 10/28/08 and 12/9/08 RESOLUTION NO. 09-02-03-x A RESOLUTION OF THE .CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY (APN Nos. 668-242-016) LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, - COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFORE. (PLAZA DE PROSPERIDAD, LP) (CIP 111) WHEREAS, the City of San Juan Capistrano ("City") is a public body, corporate and politic of the State of California, organized and operating pursuant to the laws of the State of California, and is authorized as specified herein to take real property by condemnation and to hold, use and enjoy such property as necessary to fully exercise its powers; and WHEREAS, the Public" Works Department, on . an on-going basis, considers, investigates and engages in the acquisition of properties for the purpose of constructing capital improvement projects with the intent of securing all essential properties needed to implement the Ge'neral Plan Circulation Element, Arterial Highway System, and in this case by constructing CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements (the "Project"); and WHEREAS, the City and through it's Public Wo.'rks Department has determined that the acquisition of that certain real properties, approximately 1838 square feet, which may change upon completion of the final appraisal document, located on a portion of Parcel 1 of Parcel Map 89-434, in the City of San Juan Capistrano, County of Orange, State of California, as shown on map filed in Book 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County as Assessor's Parcel Number 668-242-16 and as further described in. Exhibit 2 of Exhibit A attached hereto (the "Property"), represents a necessary and essential component of the City's successful completion of the Project; and WHEREAS, more specifically, the City has determined that the Property's ultimate use upon widening the street is an essential component in relieving traffic congestion by reducing the delay time (improving the level of service); and WHEREAS, the City has pursuant to Section 15063 and 15064 of the CEQA Guidelines, issued the City's acquisition of the Propeirty in furtherance of the Project a mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been. included; and WHEREAS, the City is authorized to acquire the Property by condemnation pursuant to the provisions of California State law, including, but Page I of 5 ATTACHMENT not limited to, Article 1, Section 19 of the California Constitution and California Health & Safety Cade §33037, in order to carry out the business of the City, such power being exercised pursuant to the provisions of Section 1230.010 of Seq. of the California Code of Civil Procedure; and WHEREAS, on January 1.6, 2008, the City mailed the owners a legal notice of the intent to adopt a resolution of necessity to acquire the Property .in fee simple by eminent domain pursuant to and in compliance. with the requirements of California Code of Civil Procedure section 1245.235 (the "Notice Letter"), a true and correct copy of the Notice Latter being attached hereto, inclusive of its various exhibits, and incorporated herein by this reference as Exhibit A; and WHEREAS the Property is legally described on the first and third page of Exhibit 2 to Exhibit A attached hereto and graphically reflected on the second. and fourth page of Exhibit 2 to Exhibit .A, an assessor's map showing the Site; and WHEREAS, the Notice letter advised the owners of a public hearing in this matter before the Council on February 3, 2009, and the City Council held a public hearing on this date (the "Hearing") at which the matters set forth in California Code of Civil Procedure section 1240.030 were discussed, including the following: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired (which is described herein) is necessary for the proposed Project; and d) Whether the offer required by section 7267.2 of the California Government Code has leen made to the owner or owners of record; and WHEREAS, the City, via the Notice Letter, has provided all persons whose names appear on the last equalized County Assessment Roll as having an interest in the Property with a reasonable opportunity to appear and be heard on those matters referred to in section 1240.030 of the California Code of Civil Procedure; and Page 2 of 5 WHEREAS, at the Hearing, Staff presented a written report to the Board supplemented by oral information, regarding the proposed Project and the matters set forth herein; and NOW, THEREFORE, BE IT RESOLVED, the City Council, by vote of two- thirds or more of its members, hereby declares, finds, and determines as follows: 1. The recitals above are true and correct and incorporated herein by reference. 2. The public interest and necessity require the acquisition of the of the Property, to wit that certain real property described and reflected in the first and third page of Exhibit 2 to Exhibit A attached hereto (heretofore referred to as the Property"). The City Council finds that the acquisition of the Property is necessary to widen Del Obispo Street to accommodate the ultimate geometry of the General Plan Circulation Element, Arterial Highway System. 3. The public interest and necessity require the acquisition and taking of a fee simple interest in the Property in order for the proposed Project to proceed, the proposed Project being a public use authorized by law and the California Constitution and California Health & Safety Code §33037, among other provisions of the statutes of the State of California, permit and empower this acquisition by the City through its exercise of the power of eminent domain for the stated public use. 4. The Property sought to be condemned in this matter is legally described on the first and third page of Exhibit 2 to Exhibit A attached hereto and incorporated into this Resolution of Necessity. 5. The public interest and necessity require the proposed Project. 6. The proposed Project is planned and located in the manner that will be most compatible with"the greatest public gond and the least private injury. 7. The .Property sought to be acquired, is necessary for the proposed Project. 8. The offer required by Government. Code section 7267.2, subdivision (a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record„ which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Cada section 7267.2, Subdivision (a)- 9. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property. Page 3 of 5 10. The law firm of Woodruff, 5pradlin & Smart, .is hereby authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions in the Superior Court of the State of California in the name and on behalf of the City against all owners and persons and entities claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Property, including obtaining warrants for deposit of funds, orders for pre judgment possession, and other steps necessary to acquire fee simple title to the Property,, unless a lesser estate has been specified herein, by and for the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 3rd day of February 2009. MARK NIELSEN', MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK Page 4 of 5 EXHIBIT A [Notice of14earing Letter on Resolution of Necessity, which attaches Exhibit I (copy of Government Code section 72€7.2) and Exhibit 2 (legal descriptions and site maps)] Page 5 of 5 r o 32400 PASV—O AA£I.ANTO / �< MEMBERS OF THE CITY COUNCIL SAN JUAN CAP15TRr1NO,CA 92675 (549)493-1171 SMALLEVATO €&f9Af49iF (949)493LAURA FREESE1U53FAX • E£TR3EI38Fo ! 1961 THOMAS W.HRISAR ww�u.srznjuancrt istrurzcznr > 1776 MARKNIE€.SEN $ DR.LONCRES U80 NOTICE OF HEARING REGARDING INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN,ASSESSOR'S PARCEL NUMBER 668-242-16 (California Cade of Civil Procedure Section 1245.235) January 16, 2009 To: Plaza de Prosperidad, LP c/o Mr. Tony and Mrs. Orrie Brawn 32432 Alipaz Street, Suite Al San Juan Capistrano, CA 92675 From: City Council for the City of San Juan Capistrano Dear Mr. Tony and Mrs. Orde Brown: 1. Notice of Intent of the Sara Juan Capistrano City Council to Adopt a Resolution of Necessity. The City Council intends to. consider the adoption of a Resolution of Necessity on February 3, 2009, that if adopted, will authorize the City of San Juan. Capistrano (City") to acquire the property described herein by eminent domain for the CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements_ A description of the property being considered for acquisition accompanies the proposed Resolution of Necessity, which is attached hereto as Exhibit 2 and incorporated herein to this Notice hereinafter the ("Property"). You are being provided notice as your name appears on the title and/ or last equalized County of Orange assessment roll. The statutes that authorize the City to acquire the property by eminent domain, includes, but are not limited to, for this proposed project are Streets and Highways Code Section 10102 (street right of way); Government Cade Section 54031 (parking); Government Cade Section 387303 (water facilities); Streets and Highways Code Section 5100 at seq. (Street Improvement Act acquisitions). 2. Notice of Your Right to Appear and be Hoard. Please take notice that the City Council of City, at a regular meeting to be held on February 3, 2009, at 6'.30 p,m., or as soon thereafter as the matter may be beard, at 32400 Paseo Adelanto, San Juan Capistrano: Preserving the Past to Enhance the Future �,q PrivWl on 100%recyded paper _ Page 2 Mr. Tony and Mrs. Orrie Brown Council Chamber, San Juan Capistrano, California, will.hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be beard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed project; b. 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; C. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/ summary were in a form and contained all of the factual information required by Government Code section 7287.2, subdivisions (a), (b), and (c), a copy of which is attached hereto; e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "night to tape") to acquire the property described herein, as well as any other matter regarding the right to tape said property by eminent domain; and f. Whether the City has the statutory authority to acquire the property by eminent domain. 3. Failure to File a Written Request to Be Heard within Fifteen (15) days After the Notice was Mailed will result in Waiver of the Right to Appear and be Heard. if you desire to be heard, please be advisee(that you must file:a written request with the City Clerk within fifteen (15) days after this Notice was mailed. You must file your request to be beard at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 82675. Should you elect to mail your request to the City Clerk, it must actually be received bythe City Clerk for filing within (15)days after this Notice was mailed. The date the mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(0)(3) provides that"Failure to file a written request to appear and be heard within fifteen (15) days affer the Notice Page 3 Mr. Tony and Mrs. ©rrie Broom was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and, be heard in regard to compensation, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If the City Council elects to adopt the Resolution of Necessity, then within six (6) months of the adoption of Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and mailed on January 16, 20W Dave Adams, City Manager Attachments Proposed Resolution of Necessity Exhibit 1-Copy of Government Code section 7267.2, subdivisions (a), (b), (c) Exhibit 2-Legal Descriptions and site maps Cr Omar Sandoval Nasser Abbaszadeh Government Code Section 7267.2, subdivlslons (a), (b), and (c) (P) Prior to adapting a resolution of necessity pursuant to Section 1245.230 of ' the Cotte of Civil Procedure and Initiating negotiations for the acquisition of real property, the.public entity shall establish an amount which it believes .to be just compensation therefore; and shall make an offer to the owner. car owners of record to acquire the property for the' full amount .so established, unless the owner cannot be located with reasonable dillgerice,The offer may be conditioned upon the legislative. body's ratification of the offer by.execution of a contract of acquisition or adoption of a resolOtion.of necessity or both. In ria event shall the amount be less than the public entity's approved appraisal ref the fair market value of the property. Any decrease or increase in the fair rnerket value of real Property to be acquired prior to the date of valuation caused by the public improvernent for which.the property Is acqulred, or by the likelihood that the property would be acquit for the improvement, other than that due to physical 'deterioration within the reasonable control of tho owner or occupant, shall be disregarded In determining the compensation for the property. (b). The public entity shall provide the owner of real property to bo acquired with. a written statement cif, and summary of the- basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate clearly the biosis for the offer, including, bort not limited to, al1 of the following in�formatlo ' (1) The date of valuation, highest and best use, and applicable zoning property,. (2) The .printipal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation' for the reel property acquired and for darnacges.-to remaining real property shall be separately stated .and shall include the calculations and narrative explanation supporting the compensation, including any offset€ing benefits. (c) . Where.the properly involved is owner occupied residential`prvperty' anti contains no more than four residential units, the homeowner shall, upon request, be allgvwed to review'a copy of the appraisal upon which the offer is"based. The public entity may, but is not required to, .satisfy the written statement, summary,. and review reciulrements of this section by providing the owner.a copy of the appraisal on which the off-ens based. -9&TBO5.1 EXt- MIT I EXHIBIT"A" PRELIMINARY LEGAL DESCRIPTION Portion.of Assessor Parcel 668-242-16 Permanent Easement That portion of Parcel 1 of parcel Map 89-434, in the City of Sari Juan Capistrano, County of Orange, State of California, as shown on map filed in Bock 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County, described as follows: Beginning at the most southwesterly corner of said Parcel 1; Thence atong the southwesterly.fine of said parcel, North 36°44'68"West, 15.76 feet to the beginning of a none-tangent curve concave northerly and having a radius of 1450.00 feet, a radial line to said point hears South 00°09`07" East; Thence easterly along said curve, 62.33 feet through a central angle of 02°27`46" to the beginning of a compound curve concave northwesterly and having a radius of 283,00 feet; Thence northeasterly along said curve, 85.88 feet through a central angle of 17023'15" to the beginning of a compound curve concave northwesterly and having a radius of 274.00 feet; Thence northeasterly along said curve, 145.74 feet through a central angle of 30'28'35" to the most easterly corner of said Parcel 1, being on the northwesterly line of Del Obispo Street, having a northwesterly half-width of 36,00 feet, said point being the point of cusp of a curve concave northwesterly and having a radius of 314.00 feet, a radial fine to said curve bears South 50°28`43" East; Thence southwesterly along said curve and northwesterly and northerly line of lel Obispo Street, 28.2.-07 feet through a central angle of 51'28'1 3'; Thence continuing along said northerly Ririe, North 89°00`.30 West, 6.75 feet to the Point of Beginning, Contains 1,677 square feet, more or less As shown on Exhibit `°B" attached hereto acid by this refererice made a part hereof David O. Knell PLS 5301 fate f` C:tSanJuanCapisranoaB68-242.16.doc December 11,2008 exp, 1 2-31-09 EXHIBIT 2 \\3 EXHIBIT 111130t w D=02°27'46," i 88 .z R=14511.E10' I L-62.33' V`.\�I� pT 7°2 ' po zo PRELIMINARY Ilderi WILL PL sca�E "= ao' [TATE �o., zoos. SKETCH � ACCOMPANY EhGfNEEFiS R PL t3,ss CRg5SP0i:ri& Pn�xwar uaer�, su[r€ aos pP.itk'1#8Y D.BEYERBhCH 668-747-16.13GN rNOUStar. CA. g,7-0,-301 LEGAL DESCRIpTipN . ,ati�� on°_e�nrs NECKFi' AY n.KNFf t SJCAP/CIF!/RWTAKFS EXHIBIT"A" PRELIMINARY LEGAL. DESCRIPTION Portion of Assessor Parcel 668-242-16 Sidewalk Easement That portion of Parcel 1 of Parcel Map 89-434, in the City'of San Juan Capistrano, County of Orange, State.of California, as shown on Wrap filed in Book 255 Pages 36 and 37 of Parcel Maps, Records of said Orange County, described as follows., Commencing at the most southwesterly corner of said Parcel 1; Thence along the.southwesterly line of said parcel, North 36044`58" Vilest, 15.76 feet to the beginning of a non-tangent curve concave northerly and having'a radius of 1450.00 feet, a radial line to said point bears South 00°9'07" East; Thence easterly along said curve, 62.33 feet through a central angle of 02°27'46" to the beginning of a compound curve concave northwesterly and having a radius of 283.00 feet; Thence northeasterly along said curve, 15.08 feet through a central angle of 03°15'22" to the True Point of Beginning; Thence continuing northeasterly along said curve, 69.80 feet through a central angle of 14°07'53", Thence non-tangent North.73"45'59"'t est, 7.02 feet; Thence South 72°07;03"West, 10.40 feet; Thence South 52°15'24"West, 5.64 feel"to the beginning of a non-tangent curve having a radius of 281.00 feet and being concentric with the above referenced curve having a radius of 283.00 feet, a radial line to said paint bears South 15°37'45' East; Thence westerly along said curve, 41.78 feet through a central angle of 08'31'11"; Thence non-tangent South 65920'48"West, 6.42 feet to the True Point of Beginning. Contains 161 square feet, more or less As„shown on Exhibit"B” attached hereto and by this reference made a part hereof David O. Knell PLS 53.01 � Date CAS anJ.iaanGapisran uM8-242-1..6ADc , L 5.5301 5 December 11,200E Exp. 12-31-09 r y — ..W...,, 4 EXHIBIT PARCEL I i r 1M5 / .36-3-/ \Vo Ate• �o �.r`�s 1 Q GL Opt cn °Z...i It��' \'' �• in I }CS4 L�,i a •z. R=1450.00' 2831 34it� ire•` --------------�S.t�`" � t�•pf'S�N fir. TPI POC ` ``L�i❑n a/ yye}}�° {{8`3 = T 2 -85•$s �1ti\ Fx1a3P�V'JV�"R 6.75' PRELIMINARY � w,tla >, WILLDAN. —�VORM ,,°=�o' DATE (1EC 14, 2€)€38 SKETCH TO ACCOMPANY ENC11v EFi5 0 PLANNERS 6Y t1.BEY £ .668 242-t65.GGhi (°J�[ [ f �} rp�f3Y9F CRE75SRadaS PdRKA'd KRRTH. $t1fTz 4135 Vf"�tr... Vi.,. 1. kja[YtNFusr3ar. CA. sf:a -santE�J 8Y O.KNEU SJCAPIOEURWTAKES 15877 408-n�ii RESOLUTION NO. 09-02-03-x A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY (APN No. 668--242-02) LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE. PUBLIC NECESSITY THEREFORE. (SEASIDE RANCHOS) (GIP 111) WHEREAS, the City of San Juan Capistrano ("City") is a public body, corporate and politic of the State of California, organized and operating pursuant to the laws of the State of California, and is authorized as specified herein to take real property by condemnation and to bold, use and enjoy such property as necessary to fully exercise its powers; and WHEREAS, the Public Works Department, on an on-going basis, considers; investigates and engages in the acquisition of properties for the .purpose of constructing capital improvement projects with the intent of securing all essential properties needed to implement the General Plan Circulation Element, Arterial Highway System, and in this case by constructing CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements (the "Project"); and WHEREAS, the City and' through it's Public Works Department has determined that the acquisition of that certain real properties, approximately 962' square feet located on a portion of Lot 31 of Tract No. 103 in the City of San Juan Capistrano, County of Orange, State of California, as shown on map filed in Book 11 Pages 26 through 33, inclusive, of Miscellaneous Maps, Records of said Orange County as Assessor's Parcel Number 668-242-02 and as further described in Exhibit 2 of Exhibit A. attached hereto (the."Property") represents a necessary and essential component.of the City's successful completion of the Project; and WHEREAS, more specifically, the City has determined that the Property's ultimate use upon widening the street is an essential component in relieving traffic congestion by reducing the delay time (improving the level of service); and WHEREAS, the City has pursuant to Section 15063 and 15064 of the CEQA Guidelines, issued the City's acquisition of.the Property in furtherance of the Project a mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included; and WHEREAS, the `City is authorized to acquire the Property by condemnation pursuant to the provisions of California State law, including, but Page 1 of 5 ATTACHMENT 2 not limited to, Article 1, Section. 19 of the California Constitution and.California Health & Safety Code §33037, in order to carry out the business of the City, such power being exercised pursuant to the provisions of Section 1230.010 et seq. of the California Code of Civil Procedure; and WHEREAS, on January 17, 2008, the City mailed the owners a legal notice of the intent to adopt a resolution of necessity to acquire the Properly in fee simple by eminent domain pursuant to and in compliance with the requirements of California Cade of Civil Procedure section '1245,235 (the "Notice Letter'), a true and correct copy of the Notice Letter being attached hereto, inclusive of its various exhibits, and incorporated herein by this reference as Exhibit A; and WHEREAS the Property is legally described on the first page of Exhibit 2 to Exhibit A attached hereto_and graphically reflected on the second page of Exhibit 2 to Exhibit A, an assessor's map showing the Site; and WHEREAS, the Notice letter advised the owners of a public hearing in this matter before the Council on February 3, 2009, and the City Council held a public hearing on this date (the Hearing") at which the matters set forth in California Code of Civil 'Procedure section 1240:030 were discussed, including the following: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; d) Whether the property sought to-be acquired (which is described herein) is necessary for the proposed Project; and d) Whether the offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record; and WHEREAS, the City, via the Notice Defter;_ has provided all persons whose names appear on the last equalized County Assessment Roll as having an interest in the Property with a reasonable opportunity to appear and be heard on those matters referred to in section 1240.034 of the California Code of Civil Procedure; and. WHEREAS, at the Hearing, Staff presented a written report to the Board, supplemented by oral information, regarding the proposed Project and ,the matters set forth herein; and . Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED, the City Council, by vote of two- thirds or more of its members, hereby declares, finds, and determines as follows: 1. The recitals above are true and correct and incorporated herein by reference. 2. The public interest and necessity require the acquisition of the of the Property, to wit that certain real property described and reflected in the first page of Exhibit 2 to Exhibit A attached hereto (Heretofore referred to as the "Property"). The City Council finds that the acquisition of the Property is necessary to widen Del Obispo Street to accommodate the ultimate geometry of the General Plan Circulation Element, Arterial Highway System. 3. The public interest and necessity require the acquisition and taking of a fee simple interest in the Property in order for the proposed Project to proceed, the proposed Project being a .public use authorized by law and the California Constitution and California Health & Safety Code §33037, among other provisions of the statutes of the State of California, permit and empower this acquisition by the City through its exercise of the power of eminent domain for the stated public use. 4. The Property sought to be condemned in this matter is legally described on the first page of Exhibit 2 to Exhibit A attached hereto and incorporated into this Resolution of Necessity. 5, The public interest and necessity require the proposed Project. 6. The proposed Project is planned and located in the manner that will ,be most compatible with the greatest public good and the least private injury. 7. The Property sought to be acquired, is necessary for the proposed Project. 8. The offer required by Government Code section 7267.2, subdivision (a), together with the accompanying .statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in , a form and contained all of the factual disclosures provided by Government Code section 7267.2, Subdivision (a). 9. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property. 10. The law firm of Woodruff, Spradlin & Smart, is hereby authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions in the Superior Court of the State of California in the name and on behalf of the City against all owners and persons and entities Page 3 of 5 claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Property, including obtaining warrants for deposit of funds, carders for pre judgment possession, and other steps necessary to acquire fee simple title to the Property, unless a lesser estate has been specified herein, by and for the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 3rd day of!February 2009. MARK NIELSEN, MAYOR ATTEST- MARGARET R. MONAHAN, CITY CLERK Page 4 of 5 EXHIBIT A [Notice of Hearing Letter on Resolution of Necessity, whi&h attaches Exhibit 1 (copy of Government Cade section 7267.2) and Exhibit 2 (legal description and site map)] . Wage 5 of 5 Aft 32400 PASEO ADE ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ' # (949)493-1171. 2orSAM ALLEVATO (9491 X99 11)53 FAx " Int PfORRM LAURA FREESE FSTANSOU f9Sf THOMAS W.HMAR www.SanjuancapLytrana. arg 1775 MARL(NIELSEN �. PR.LONPRE3 USCI NOTICE OF HEARING REGARDING INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN, ASSESSOR'S PARCEL. NUMBER 66$242-02 (Califomia Code of Civil Procedure Section 1245.235) January 16, 2049 To: Seaside Ranchos cio Mr. Robert Dalley, Sr. PO Bax 444 Tustin, CA 92781 From: City Council for the City of San Juan Capistrano Dear Mr, Robert Dofley_ 1. Notice of Intent of the Sari Juan Capistrano City Council to Adopt a Resolution' of Necessity. The City Council intends to consider the adoption of a Resolution of Necessity on February 3, 2669 that if adopted, will authorize the City of Sart Juan Capistrano {Cit)") to acquire`the property described. herein by eminent domain for the CIP '111- Del Obispo Street and Camino Capistrano Intersection I provements_ A description of the property being considered for acquisition accompanies the proposed Resolution of Necessity, which is attached hereto as Exhibit 2 and incorporated herein to this Notice hereinafter the ("Property"), You are being provided notice as your name appears on the title and/ or last equalized County of Orange assessment roll. The statutes that authorize the City to acquire the property by eminent domain, includes, but are not limiter{to,for this proposed project are Streets and Highways Code Section 101012 (street right of way); Government Code Section 540131 (parking); Goverr ment Code Section 38730 (water facilities); Streets and Highways Code Section 51001 at seq. (Street Improvement Act acquisitions). 2, Notice of Your Fight. to Appear and be Heard. Please take notice that the City Council of City, at a.regular meeting to be helm on February 3, 2009, at 6:313 p.m., or as soon thereafter as the matter may be heard, at 32400 Paseo Adelanto, San.Tuna Capistrano: Preserving the Past to Enhance the Future Printed on 100%ragycted paper - Page 2 Mr. Robert Dolley, Sr. Council Chamber, San Juan Capistrano, California, will hold a hearing on whether such a Resolution of Necessity should be adopted, as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain proceeding to acquire real property. You have a right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity'. a. Whether the public interest and necessity require the proposed project; b. 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; c. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code section 7267.2, subdivisions (a), (b), and (c), together with the accompanying statement and summary of, the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/ summary were in a form and contained all of the factual information required by Government Code section 7257.2, subdivisions (a), (b), and (c), a copy of which.is attached hereto; e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and f. Whether the City has the statutory authority to acquire the property by eminent domain. 3. Failure to Fife a Written Request to Be Heard within Fifteen (1 5) Bays After the Notice was Mailed will Result in Waiver of the Right to Appear and be Heard. If you desire to be heard, please be advised that you must file a written request with the City Clerk within fifteen (15) days after this Notice was mailed. You must file your request to be heard at the San Juan Capistrano City Hall, 32400 Paseo Adelento, San Juan Capistrano, California 92675. Should you elect to mail your request: to the City Clerk, it must actually be received by the City Clerk forfiling:within:(15)days after this Notice was mailed. The date the mailing appears at the end of this Notice. California Code of Civil Procedure section 1245.235(b)(3) provides that"failure to file a written request to appear and be heard within fifteen (15) days after the Notice Page 3 M,r. Robert Dolley, Sr. was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing. If you elect not to appear and be heard in regard to compensation, your nonappearance will not be a waiver of your right to clam greater compensation in a court of law. The amount to be paid for the property will not be considered by the City Council at this hearing. If you elect not to appear and not be heard[,your failure to appear will be a waiver of your right to later challenge the right of the City to take property by eminent domain. The Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If the City Council elects to adopt the Resolution of Necessity, then within six. (6) months of the adoption of Resolution, the City will commence eminent domain proceedings in Superior Court, In that proceeding, the Court will determine the amount of compensation to which you are entitled. Dated and mailed on January 16, 2009., Dave Adams, City Manager Attachments Proposed Resolution of Necessity Exhibit I-Copy of Government Cotte section 7267.2, subdivisions (a), (b), (c) Exhibit 2- Legal Descriptions and site wraps C: Omar Sandoval Nasser Abbaszadeh Gavert ment Code Scotian 7267.2, S.Ubdivisions (a), (b), and (c) (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating rregotfations for Vie acquisition of real property, the public entlty shall establish an amount which It believes.to be just compensation therefore, and shall make-an offer to the owner. or owners of record to acquire the property for the full amount .so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body's ratiffcatlori of the offer by.execution of'a'contract of acquisition or adopti EXHIBIT"A" PRELIMINARY LEGAL DESCRIPTION All of Assessors Parcel No . 668-242-02 That portion of Lot 31 of Tract No. 103,, in the City of.Sorg Juan Capistrano, County of Orange, State of California, as shown on map filed in Book I I Pages 26 through. 33, inclusive, of Miscellaneous Maps, Records of said Orange County, bounded as fellows: Northeasterly by southwesterly line of Parcel I of Parcel Flap No. 89-434, as filed in Book 255 Pages 36 and 37 of Parcel Maps, Records of said county, Westerly by the easterly line(and its southerly prolongation) of Parcel Map No, 87367, filed in Boake 230 Pages 41 through 43,-inclusive, of Pareel.Ma. ps, records of said County,; Southerly by the westerly prolongation of that certain. course in the southerly lime of said Parcel 'E of Parcel Map No. 89-434 shown as`" N89'00'00" W 6.12' " on saki reap. C britains 962 square feet; more or less As shown on Exhibit"B" attached hereto and by this reference made a part hereof (7 11 / /'� e c4 '4 l y; E A/ }✓� ^ David 0:'Knel! PLS 5301 Date . .J � G;4SanJua ncopistrartol608-242-Wee,clix December 18,2008 � KN EXHIBIT 2 EXHIBIT 1a IR ti z1` i-'IV1 1N10 a r l—.1 8 1 r�r�r�iC�t� 1 e P VIS' 23 J '11 43 0 z r t iia t n SII � � � F f 06- 585'00'30'E lA � DEL t�7 S t p PRELIMINARY WILLDAN SCALE i'= 40' DATE AEC 12. 2066 SKETCH C�Etah5GS_lI3r3 E?5 PLANNERS - 568 242 42flFp C i1LMAN TAXES Y PhRKNY H77H: SUITE AOs ORAWNBY.D.BEYERBACf 74--307 W(HalSTAr. CA. LEGAL DEfiC gP " y N CHECKER BY Q.KHELI 5JCIDEIR tS&23 908-5700 6/21/05 AGENDA REPORT TO Dave Adams, City Manager FROM Gasser Abbaszadeh, Engineering & Building Director SUBJECT; Consideration of Camino Capistrano and Del Obispo Street Intersection Circulation Improvements (CIP No 111) RECOMMENDATION By motion; 1 Review the findings of the Camino Capistrano and Del Obispo Street Intersection Studies with Staff Modifications and Commission Recommendations; and, 2 Adopt the Scope of Work for the Design Phase, with additions or deletions at City Council discretion as shown in Attachment 3: SITUATION A� Summa and Recommendation At the September 16, 2063 meeting, City Council adopted the Traffic Congestion Relief Capital Improvement Program from the Traffic Congestion Relief Ad-Hoc Committee. Staff has completed the Intersection Studies for the Camino Capistrano and Del Obispo Intersection which consists of four of the Capital Improvement Projects in the Traffic Congestion Relief Program. a Staff is requesting City Councii review the findings of the Camino Capistrano and Del Obispo Street Intersection Studies with Staff.Modifications and Commission Recommendations, and determine the Scope of Work for the Design Phase. A copy of Project Exhibits (1-- 4).is available for review at the City Clerks Office. A copy has also been provided in the City Council Office. B. Background The Traffic Congestion Relief Program (TCRP) identified a wide range of circulation improvements throughout the city. Under consideration are four separate projects with specific proposed improvements which were identified for the Camino Capistrano and Del. Obispo Intersection for immediate consideration. ATTACHMENT 3 Agenda Report June 21, 2005 Page 2 These are ranked #2, #7, #8 and # 9 of the sixty-one (61) Capital Improvement Projects in the Traffic Congestion Relief Program. It is understood that circulation improvements and access to private property are sometimes competing goals. Staff has attempted to mitigate this where possible,. It is also understood that the proposed improvements north of Del Obispo Street may be in conflict with the pedestrian-oriented goals identified by the Blue Ribbon Panel and adopted by City Council for the Downtown Village core, Staff is recommending that City Council review the findings of the Camino Capistrano and Del Obispo Street Intersection Studies with Staff Modifications and Commission Recommendations and determine the Scope of Work for the Design Phase. June 4, 2004, Study An Intersection Study dated June 4, 2004, (Exhibit 1) was undertaken for the Camino Capistrano/ Del Obispo Street intersection to review and coordinate the proposed projects. A Composite Project Plan for th-e June 4, 2004 Study with Staff Modifications and Transportation Commission Recommendations is provided as Exhibit 2. The range of possible intersection improvement combinations was boiled down to two options. Option 2 was found to be optimum with the best cost/ benefit component. Option 1 would require more geometric improvements. Option 1 is not fully discussed but would include a second eastbound left-turn on Del Obispo Street and a second northbound through lane on Camino Capistrano, north from Del Obispo Strut. Option 1 reduces delay during the PIM peak better than Option 2 by 5.3 seconds, however, Option 2 reduces delay better in the AM and midday peak hours. October_1, 2004 Studer Staff review of the June 4, 2004, Study proposals identified a passible conflict of the proposed improvements north of Del Obispo Street with the pedestrian- oriented goals identified by the Blue Ribbon Panel for the Downtown Village care. The Blue Ribbon Panel's recommendations were adopted by City Council at its August 19, 2003, meeting. A second Intersection Study dated October 1, 2004, (Exhibit 3) was undertaken omitting the proposed Camino Capistrano improvements north of Del Obispo Street. A Composite Project Plan for the October 1, 2004 Study with Staff Modifications and Transportation Commission Recommendations is provided as Exhibit 4. The range of possible intersection improvement combinations was boiled dawn to two options in this study. Option 2 was found to be optimum with the best cast/ benefit component. Option 1 would require more geometric improvements to accommodate a second eastbound left-turn lane on Del Obispo Street and a second northbound through lane on Camino Capistrano. Option 1 in this study reduces delay during the PIM peak better than Option 2 by 8.2 seconds; however, Option 2 in this study reduces delay better in the AM and midday peak hours. Agenda report June 21, 2005 Page 3 The table below provides a comparison of the results between existing conditions and the Option 2 recommendations from the June 4, 2004, Study and the Option 2 recommendations from the October 1, 2004 Study. Intersection Study. Camino Capistrano/Del Obispo Street Scenario DELAY Sec /LEVEL OF SERVICE ICE AM Peaty Midday PM Peak Hour Peak Hour Hour Existing Geornetrics 33.0 / C 44.41 D 53.81 D June 4, 2004 Study Recommended Geornetrics(Option 2) 23.81 C 27.41 C 41.21 D October 1,2004 Study(Option 2 _.. Without north Camino Capistrano) 26.01 C 2$.71 C 46.8 / D Cather recent traffic studies show that for cumulative projects without intersection improvements the Level of Service for this intersection could drop to E or E. Similar circulation improvements are achieved for the AM peak and midday peaks under both scenarios. The omission of the north Camino Capistrano improvements compromises the circulation improvements significantly in the PM peak. The. current PM peak delay of 53.8 seconds is reduced to 41.2 seconds with full improvements and to 46.8 seconds with the modified improvements. Staff is recommending that City Council review the findings of the Camino Capistrano and Del Obispo Street Intersection Studies with Staff'Modifications and Commission Recommendations and determine the Scope of Work for the Design Phase. C. Project Study Details The recommendations of the Studies are further summarized as follows: 1. Geometrics Item a is considered in the June 4, 2004 Study only andis not recommended by the Planning Commission due to its inconsistency with the pedestrian-oriented goals identified by the Blue Ribbon Panel for the Downtown Village core. a. Southbound Camino Capistrano: This improvement is rated as TORP Priority.#2 Current: one left turn lane, one through lane and one right tum lane. Agenda Report .lune 21, 2005 Page 4 Suggested by TORP Committee: one left turn lane, two through lanes and one right turn lane. Recommendation. one left-turn lane, two through lanes and one right-turn lane, and right-of-way acquisition to widen along the Union Bank frontage for the right-turn lane widening. This will also require building modifications to the corner of the Union Bank building, Union Bank, Camino Capistrano Pedestrian Area Although this is only a study level report, some further discussion on possible design concept maybe appropriate here. The Union Bank building has a covered veranda around the structure and specifically between the structure and Camino Capistrano. The existing pedestrian area between the Union Bank and the Camino Capistrano curb is twenty-four (24) feet from the veranda posts. The veranda eaves overhang this area by eighteen inches. The overhang does not impact pedestrian movement but is relevant for vehicular movement, The area is paved, with three private property olive trees, in planters seven (7) feet deep within the paved area_ The improvements proposed would provide an additional through lane; staff believes that this could be accomplished by utilizing thirteen (13) feet of the area between the bank and the existing Camino Capistrano curb. This would leave a pedestrian area eleven (11) feet wide between the veranda posts and the proposed curb to accommodate pedestrians. The olive trees would have to be removed. Staff has identified the pedestrian area as needing reconstruction to conform to ADA standards. Such reconstruction, together with the proposed widening would create a small grade difference between the veranda and the reconstructed pedestrian area. This can be addressed in a number of ways using a retaining wall!planter combination. A retaining wall could be constructed as a planter containing landscaping minimally three (3) feet wide leaving approximately eight (8) feet of sidewalk. Alternatively this could be a simple wall and have landscaping in front of it with similar dimensions. It is likely that railings would be necessary on top of any wall. Work on private property Agenda Report June 29, 2005 Page 5 would require either a license agreement with the property owner or acquisition of right of way. Items b thru d are considered in both the June 4, 2004 Study and October 1, 2004 Studies and are recommended by both the Transportation Commission_ and Planning Commission as modified by Staff. b. Northbound Camino Capistrano: This im rovement is rated as TCRP Priority#9 Current: dual left turn lanes. Suggested by TCRP Committee: increasing the capacity of the current two left-turn lanes by modifying the median at Avenida Colondrina. Recommendation: existing condition is adequate with other recommendations. Median modifications are recommended to improve both north and southbound movements. c. Westbound Del Qbis o Street: This kgprovement is rated as TORP Priority#3 Current: one left-tum lane, two through lanes and one right- turn lane. Sug gested by TCRP Committee: dual left-turn lanes, one through lane and one combination through and right-turn lane. Recommendation: dual left turn lanes; one through lanes and one combination through and right-turn lane, raised median reconstruction, and right-of-way acquisition to lengthen the combination through and right-turn lane. d. Eastbound Del Obispo Street: This improvement is rated as TCRP Priority#8 Current: one left-turn lane, two through lanes and one right- turn lane. Suggested by TCRP Committee: dual left-turn lanes, one through lanes and one combination through and right-tum lame. Agenda Report June 21, 2006 Page 6 Study Recommendation: no geometric changes. Close the opening "A" in the median access to El Adobe Plaza raised median reconstruction, minor Southside widening in front of Blockbuster and Chevron requiring right of way acquisition. Modification No 1 - Median © enin 'A"- 'Staff discussed the.proposed closing of median opening "A", with the El Adobe Plaza owners. The owners believe that this proposal would be a detriment to the operation of the Plaza. Staff, therefore reviewed other options which can be implemented with the widening of the Trabuco Creek Bridge to the west of the project. Staff, therefore proposes that median opening "A" not be closed at this time and that the improvements to provide a separate left turn packet for the El Adobe Plaza be pursued with the bridge-widening project. 2. Additional Recommendations Items a thru g are considered in both the June 4, 2004 Study and October 1, 2004 Studies and are recommended by both the Transportation Commission and Planning Commission as modified by Staff, a. Add an eastbound right turn overlap phase on Del Obispo Street (to overlap the Camino Capistrano opposing left turn moves) and restrict northbound U-turns on Camino Capistrano. There are no current overlap phases at this intersection. b. Enhance existing signal timing at the intersection of Camino Capistrano and Del Obispo Street to ensure all queues are being cleared. C. revisit the use of photo enforcement at the intersection. This is not recommended by Staff. d. Close Driveways 62 (Del Obispo Street) and B3 (Camino Capistrano) at the Chevron Gas Station. These are the two closest to the corner. The other two, one on Del Obispo Street (Bl), one on Camino Capistrano (84) remain open. !Modification No. 2 — Driveway BThe Chevron Company has also represented that closure of driveway B3 would negatively impact their gas delivery process. .Staff' believes that the City should respect this business need at this time and not close driveway B3. Agenda Report June 21; 2005 Page 7 Modification No. 3 - Driveways B1_ and B4 Although not discussed in the Study staff believes driveways B1 and B4 should also be upgraded to curb return type driveways. e. Widen and upgrade to curb return type Driveways C1 (ingress and egress on Del Obispo Street to El Adobe Plaza opposite median opening "A") C2 (Union Bank egress to Del Obispo Street); C3 (ingress and egress on Camino Capistrano to El Adobe Plaza); C4 (egress from El Adobe Plaza to Camino Capistrano); C5 (ingress on Camino Capistrano to Bl Adobe Plaza). f. Upgrade driveway D1 to Plaza de Prosperidad apposite Plaza Drive to a curb return type driveway. g. The Plaza de Prosperidad property parking should be modified such that there is no net loss of spaces due to the widening of Del Obispo Street along this frontage. D. Planning Considerations On August 19, 2003, the City Council adapted the Blue Ribbon Panel's vision for the downtown area, summarized in the following objectives for future development and revitalization of downtown: 1. A place for shopping, working, living, eating, and strolling; 2. An area rich.with historical and cultural traditions; 3: An eclectic mix of authentic building design styles and themes; 4. A place that serves local residents as well as tourists and repeat visitors, 5. A place that is home to a vibrant business community; 6. An eighteen-hour place replete with morning, afternoon, and evening activity; 7.. A comfortable, inviting place with a feeling of openness, human scale and relationship to natural surroundings. An important component of this vision is the pedestrian-oriented streetscape along Camino Capistrano between Del Obispo and the Mission, continuing up to the Basilica and Library. According to the Mission, approximately 500,000 visitors per year visit downtown San Juan Capistrano. In planning to increase visitor activity throughout the downtown business district, it is necessary to plan for an inviting streetscape, including attractive lighting, landscaping, street furniture, sidewalks, crosswalks, signage, and similar features. In addition, consideration should be given to the speed and volume of traffic carried on Camino Capistrano, and the number of travel lanes which pedestrians are Agenda Report June 21, 2005 Page 8 required to cross in order to visit shops and restaurants on both sides of the street. Many downtown areas have been planned in a way to slow and calm traffic on downtown pedestrian-oriented streets and other downtown areas have been retrofitted With traffic calming devices. The use of on-street parking, narrowing of travel lanes with curbed planter areas, and decorative paving are common devices to make streets more friendly for pedestrians and encourage high-speed through traffic to bypass downtown streets. In the case of San Juan Capistrano's downtown district, Camino Capistrano serves as the primary pedestrian-oriented street connecting shops and restaurants to the Mission. On-street parking, landscaping and decorative paving have been used to enhance the streetscape. The street is heavily used by morning and evening through traffic, but is not designed as a high-speed arterial. The intersection improvements proposed under the June 4, 200.4 Study will widen the street and narrow the sidewalk along Camino Capistrano for a distance of 218 feet north of Del Obispo, along with a 30-foot long transition area. Pedestrians crossing Camino Capistrano to reach shops and restaurants an the other side of the street will be required to cross 5 travel lanes. Traffic volumes will be greater, and speeds will be higher than under the current conditions on this stretch of roadway. From a planning ,perspective, the decision to adopt the recommendations of the June 4, 2004 Study or the October 1, 2004 Study for design of the intersection must consider the visual and economic impacts to the viability of the downtown area as a destination shopping and entertainment district. The City Council is asked to weigh the benefits of a reduction in vehicle congestion at this intersection with long-term impacts on the downtown business district. As noted in the staff report, both Study Recommendations will result in level of service (LOS) C during AM peak and midday peak hours_ , and LAS D during PM peak hours. The recommendations of the June 4, 2004 Study result in a slight decrease of delay ranging from about 2 seconds to about 5 seconds. The difference in cost between the study recommendations is about $400,000. However, the qualitative difference in the appearance and functionality of the district as a visitor draw and community center must also be considered. COMMISSION/ BOARD REVIEW, RECOMMENDATIONS The project was reviewed by the Transportation Commission February 2, 2005. The Transportation Commission recommended pursuing the proposals of the Mune 4, 2004 Study with Staff Modifications 1 through 3. Agenda Report June 21, 2005 Page 0 Additionally, the Transportation Commission recommended the following: 1. Further review of the configuration of the right in right out only access paint on the east side of Del Obispo Street between the Plaza Drive and Forster Lane intersections. Staff believes that this can be reviewed during the design phase. . 2. Consideration of providing bus turnouts on Camino Capistrano in the general vicinity of the existing stops. For northbound buses this would be to the north of the Washington Mutual building. For southbound buses this would be to the south of the El Adobe Restaurant. Staff believes that this can be reviewed during the design phase. The project was reviewed by the Planning Commission February 22, 2005, and March 22, 2005, with the following recommendations. The Planning Commission recommended pursuing the proposals of the October 1, 2005 Study with Staff Modifications 1 through 3 and the Transportation Commission recommendations 1 and 2. Additionally the Planning Commission recommended that a Study should be conducted on all driveways within the EI Adobe shopping center on the northwest corner of the intersection to determine if the number and location of driveways impacts traffic operations at the intersection. This report should be brought back to Planning Commission on this issue prior to approval of the final intersection design. FINANCIAL CONSIDERATIONS The Engineer's Estimate of costs in the June 4, 2004 Report is $1,752,574. The Engineer's Estimate of costs in the October 1, 2004 Report is $1,321,253. NOTIFICATION The following parties received notification of this agenda item: Business and Property Owners (Attachment 2) *Agenda report included Agenda Report June 21, 2000 Page 10 RECOMMENDATION By motion: 1 Review the findings of the Camino Capistrano and Del Obispo Street Intersection Studies with Staff Modifications and Commission Recommendations; and, 2 Adopt the Scope of Work for the Design Phase, with additions or deletions at City Council discretion as shown in Attachment 3: Respectfully submitted: P�repared by: Nasser Abbaszadeh, P.E. Brian Perry, P.E. Engineering & Building director Project Manager Attachment: 1. Location Map 2. Notification List of Business and Property Owners 3. Scope of Work for Design Phase Exhibits: 1 Camino Capistrano and Del Obispo Street Intersection Study dated June 4, 2004 2 June 4, 2004 Study Composite Project Plan with Staff Modifications and Transportation Commission Recommendations. 3 Camino Capistrano and Del Obispo Street Intersection Study dated October 1, 2004 4 October 1, 2004 Study Composite Project Plan with Staff Modifications and Transportation Commission Recommendations. THE CITY OF SAN JUAN CAPISTRANO - ' �` ,• CAMINO CAPISTRANOI DEL OBISPO STREET INTERSECTION IMPROVEMENTS CIP No 111 r } t. cr r r s .LOCATION . 14 OWES toy 0 3000 60110 9000 Fsei ATTACHMENT 1 Camino Capistrano and Del Obispo Street: Intersection Circulation Improvements (CIP No ` 11) The following parties received notification of this agenda item: Bill Munce, Lester & Fisher* Great Western Bank* Seaside Ranchos' Tony &Orde Brown, Plaza De Prosperidad* Daksha Patel, Vice President, Branch Manager Union Bank, San Juan Capistrano Office* Victoria Sullivan, Senior Facility Manager, Corporate Solutions, Jones Lang LaSalle* Gerald F Buck's H. Perry Curtis, The Staubach Company` Chevron Gas Station's Mike Lucey, Chevron Texaco Products Corporation*" Robert Ballmaier, Chevron Texaco Products Corporation* *Agenda report included Douglas M Ito SPM Esslinger Waikaremoana Patricia A Graham Serra Plaza Ltd Louella J Olivares Carmen Oyharzabal Raymundo M Becerra Allen F Olivares Brian Jeffrey Vasquez Stuart Sandhaus John Trujillo O Properties Stroschein Ranch The Village LLC Stroscher Properties Mitchell Land &Improvement Co Dan W Yielding Charles G Johnson Pacific Realty Associates Ricardos Place LLC Leona Fitzpatrick Elizabeth Paxton Glass Portola Ventures Cal First Properties Inc Leonard O Lindborg Trust Pamela M Jannard Farmers and Merchants Bank Orange County Fire The San Juan Company Franciscan Plaza LLC ATTACHMENT 2 Consideration of Camino Ca istrano and Del Obispo Street Intersection Circulation Improvements (GIP No 111) Scope of Work for the Desiqn Phase a. Oeometrics i. Southbound Camino Capistrano w provide for one left turn lane, two through lanes and one right turn lane, and right of way acquisition to widen along the Union Bank frontage for the fight- turn lane widening. This will also require building modifications to the corner of the Union Bank building. This is not recommended by the Planning Commission due to its inconsistency with the pedestrian-oriented goals identified by the Blue Ribbon Panel for the Downtown Village core, ii. Northbound Camino Capistrano - existing condition is adequate. Modify existing median to improve both north and southbound movements. iii. Westbound Del Obispo Street— provide for dual left turn lanes; one through lame and one combination through and right turn lane, and right-of-way acquisition to lengthen the combination through and right-turn.lane. iv. Eastbound Del Obispo Street - leave median opening "A" open at this time and provide a separate left tum pocket for the El Adobe Plaza with the Trabuco Creek bridge-widening project as recommended by Staff. b.Additional Recommendations L Add an eastbound right turn overlap phase on Del Obispo Street and restrict northbound U-turns on Camino Capistrano. ii. Enhance existing signal timing at the intersection of Camino Capistrano and Del Obispo Street to ensure all queues are being cleared. iii -Do not revisit the use of photo enforcement at the intersection. iv, Close Driveway B2 (Del Obispo Street closest to the corner). Do not close Driveway B3 (Camino Capistrano closest to the corner as recommended by Staff) at the Chevron Cas Station. Upgrade Driveways B1 and B4 to curb return type driveways as recommended by Staff:,. ,ATTACHMENT 3 v. Widen and upgrade to curb return type Driveways CI (ingress and egress on Del Obispo Street.to El Adobe Plaza opposite median opening (A); C2 (Union Bank egress to Del Obispo Street), C3 (ingress and egress on Camino Capistrano to El Adobe Plaza), C4 (egress from El Adobe Plaza to Camino Capistrano); C5 ('ingress on Camino Capistrano to El Adobe Plaza). vi. Upgrade driveway DI to Plaza de Prosperidad'opposite Plaza Drive to a curb return type driveway. vii. Modify the Plaza de Prosperidad property parking such that there is no net loss of spaces due to the widening of Del Obispo Street along this frontage. viii.Review the configuration of the right in right out only access point on the east side of Del Obispo Street between the Plaza Drive and Forster Lane intersections as recommended by the Transportation Commission. ix. Consider providing bus turnouts on Camino Capistrano in the general vicinity of the existing steps as recommended by the Transportation Commission. For northbound buses this would be to the north of the Washington Mutual building. For southbound buses this would be to the south of the El Adobe Restaurant. x. Conduct a Study on all driveways within!the El Adobe.shopping center on the northwest corner of the intersection to determine if the number and location of driveways impacts traffic operations at the intersection. This report should be brought back to Planning Commission can this issue prior to approval of the final intersection design. Chronology of Issues with Representatives of Plaza de Prosperidad (IADP) lig#� Retaining wall [hatch existing brick wail will be incorporated into the next plan Construction phasing Develop a plan to minimize impacts created a phasing plan gowns in agreement wiih phasing ian Types of new trees No live oaks, Okay with Crape Myrtles; will be incorporated into the plan . Replace 2 pines E, of entrance w12 sycamores Types of new shrubs Would like multicolor lantana,rnexican purple will be incorporated into the plan sage,and red tail fern for ground cover Property-line markings Show the neva RNV line 011dan marked neve RNV line,SW easement line, and TOE on 12105/08 Marking trees to be removed Show trees to be removed City staff marked the trees to be removed in field on 1417108 Appraisal Appraiser to contact owners appraiser Met with owners on 1/15/09 Compensation for RNV acquistion What typel amount of compensation should have the amount before the City Council meeting New parking area a.Dumber of parking stalls Maintain the sante number of stalls Current proposed confg.sloes not reduce no. of stalls _ b. Stacking issue __.___ Eliminate internal stacking "Do Not Block"legend and traffic loops v will be added to next set of lans 0 S M Z Chronology of Meetings with Representatives of Plaza de Prosperidad (PDP) Nieetsn s Bates Atfend e V l;odation Discuss layout and next BRC meeting 12/19/2007 Jeff McClure, Nisha Patel, Tony and Orrie Brown City' on 12120/07 Field meeting 4!1/2008 Browns, Mike Eggers, Sam Shoucair, and PDP Property Nisha Patel Field meeting 4/2212008 Browns, Mike Eggers, Sam Shoucair, Nisha Patel, PIMP Property and Ken Steele In response to letter addressed to nave 9/3012008 Browns, Sam Shoucair, Nisha Patel, and Nasser City Adams Abbaszadeh Browns requested meeting before next ----10/23/2008 Browns, Sam Shoucair, Nisha Patel, and.Nasser City PC meeting of 10/28/08 Abbasz deh About Browns parking lot, landscape 1111112008 Mike Eggers, Nisha Patel,Sam Shoucair,and City choices,and other issues they brought up Nasser Abbaszadeh at 10128 PG meeting Discuss existing and Future right-of-way lines, 1115/2008 Sharon Hennessey, Ms. Hennessey's assistant, PDP Property sidewalk easement,and type s of uses at the building Browns, Mike�g ers, and Nasser Abbaszadeh Chronology of tetters from Representatives of Plaza de Prosperldad tette „ . " lfe .. ,. Frori► .. . , ap Res sans::.. Mist.issues&ORC mtg. on 8121108 9/212008 Orrie Brown Dave Adams• Sant response letter on 91161018 Wanted to meet with us before the 1019/20.08 Orrie Brown City1 Sam Shoucair Met with them prior to PC mtg- Planning Commission(PC)meeting as requested and sent letter 11/03108 in response to PC mtg. Against proposed project 1202008 Torry and Orrie Brown Planning Commission We discussed the benefit of the Chairman Sheldon Cohen project at the PC mtg.the next day- Consider continuing agenda item on 12/2912008 Tony and Orbe Brown Mayor, Dark Nielsen Lon 116/09 v L AGENDA ITEM January 13, 2009 TO: Planning Commission Members FROM; Grant Taylor,Assistant Community Development Director SUBJECT: CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements (Applicant: City of San Juan Capistrano) (Project Manager: Nisha Patel) RECOMMENDATION ,Staff recommends that the Planning Commission receive and file the comments,concerns and recommendations regarding CIP 111 from the October 28, 2008 and December 9, 2008-Planning Commission meetings-and forward to the City Council. A. Backqround CIP 111 proposes intersection improvements to Del Obispo Street and Camino Capistrano to include street widening, providing turn lanes, delineation, driveway reconstruction, sidewalk ADA improvements, tree removals, and landsoaping. The Planning Commission, among ether duties, is authorized to review-the City's Capital' Improvement Projects for consistency with the General Man and make recommendations to the City Council. The Planning Commission reviews CIP's for conformance with applicable code requirements based on the nature and intensity of the .proposed Improvement project and the project's potential to have environmental,'aesthetic and/or land use effects on the community. B, Analysis and Discussion At the Planning Commission's October 28th meeting the Planning Commission reviewed CIP 111 and notable issues were identified to include but not be limited to compensation to owners, parking during construction, retaining wall design, improvement plans, right of way line,tree removals,landscaping,and impacts to the Plaza de Prosperidad commercial center. The item was continued to November25, 2005 to allow staff and-the property owners-of Plaza de Prosperidad time to review documents and comments. The November 25, 2008 item was continued at the request of the plaza de Prosperidad property owners. At the December 9,2008 Planning Commission meeting the.Commission,staff and I Plaza de Prosperidad property owners reviewed the CIP 111 project,.discussed ATTACHMENT 5 4 issues and concerns, and the Planning Commission directed staff to bring back a consent calendar item with Planning Commission comments, concerns and recommendations to be forwarded to the City Council. Ct PLANNING COMMISSION DIRECTION At the December 9, 2008 Planning Commission meeting the Commission directed staff with the following motion: j I "Forward Manning Commission comments and concerns to the City Council, � Commission cannot make a favorable recommendation,and the City Council should consider issues to include casts, design, tree removals, landscaping and parking." The item will be on the January 13, 2009 Planning Commission Consent Calendar. This Planning Commission meeting minutes identify issues and concerns, and provide: detailed comments and recommendations from each Planning Commissioner. A letter to the Planning Commission dated December 8, 2008 is also part of the December 9, 2008 Minutes. Attachments: 1 October 28, 2008 Planning Commission Meeting Minutes 2) December 9, 2008 Manning Commission Meeting Minutes b r ITO is comment that the sign location and scale are not appropriate on th. ey. Motiofff _ .ornmissioner Cardoza to approve the September 23,_ lanning " passed Corne�niss�ot��, '.i<�s, seconded by Mice Chair Ratcliffe. The mofiorove.�_ p on a vote of 3-(3 -Commissioners Neely and Kerr abstai 2, APPROVAL OF P1 G COMMISSION ES OF OCTOBER 14, 20(}6.. Motion by Vice Chair Ratcliffe ttNe_� ve the ` -er.14, 2008 Planning Commission Minutes, seconded by Commissiomotion to approve passed on a vote of 3-0-2 with Commissioners Cardstaining, I". CONTINUED PUBLIC GS NONE m'w G. Ni f3LIC HEARINGS ~ H. NEW BUSINESS 1. CAPITAL IMPROVEMENT PROJEC`f GIP 111 — DEL OBISPO STREET AND CAMINO CAPISTRANO INTERSECTION IMPROVEMENTS. Proposed intersection irr provernents that include street widening, driveway reconstruction', sidewalk ADA compatibility improvements, and landscaping. (Applicant; City of. San Joan Capistrano)(Project Manager: Nisha Patel, Associate Engineer). Staff Presentation and Recommendation Associate Engineer Nisha Patel presented the staff report and stated CIP 111 includes intersection improvements at Del Obispo Street and Camino Capistrano to include street widening, driveway reconstruction, sidewalk widening for ADA compliance and landscaping. The project boundaries extend along Del Obispo Street from a paint about 230 feet east of Plaza Drive westerly,-to the east side of the Southern California Rail Authority, along Camino Capistrano from the El Adobe Restaurant to the Chevron Service Station. The project impacts seven properties of which acquisition would be required. The Plaza de Prosperidad property is impacted the greatest including the need to acquire approximately 3,€100 square.feet of property, realign the existing parking lot and remove 14 trees. Ms. Patel commented partial property owners Tony and Orrie, Brown were present in the audience, staff has ongoing meetings with the Brown's, and the Brown's have expressed concerns with the property acquisition, parking reconfiguration and loss of trees. Ms. Patel introduced Public Works Director Nasser Abbaszadeh, Jeff McClure engineer with Willdan, and landscape architect John Hidalgo. Ms, Patel identified the supplemental report that was handed to the Planning Commission tonight that includes the Environmental review consisting of a Mitigated Negative Declaration, ATTACHMENT X 7 PC Minutes 2 October 28, 2008 I , Public Hearing Commenis Carrie Brown, part owner of Plaza de Prosperidad expressed concerns on the following issues: No methodology for,compensation; Parking phasing plan from City, Loss of 3,030 square feet of property; Not in loop from staff; Have not agreed to anything; Requested meeting with arborist; Requested construction schedule; ® Requested staking area to be taken by City: Requested no final Council decision until their questions are answered; Proposed parking configuration is problematic; • Mature landscaping and trees to be removed; Removal of greenbelt medians; 4 Removal of two pine trees and installation of retaining wall; . + Requested no taking of their property. Mike Eggers, consultant for the Brown's commented he had received a copy of the Mitigated Negative Declaration tonight and requested adequate time to review the MND. Planninq Commissioner Questions and Comments Commissioner Cardoza inquired about the location of the property line at Union Bank, tree removals and accuracy of the plans, trees to be removed and retained, Plaza de Prosperidad parking configuration and number of stalls, and tree locations in the median, Commissioner Cardoza commented he would be happy to discuss tree concerns with the engineer, the DRC previously reviewed the landscape pian, the Union 'Bank landscaping compromise is adequate, the DRC was concerned with the Brown's, property regarding parking, trees and landscaping, additional landscaping may be appropriate, would like to evaluate the MND, and them are too many unknowns to make a recommendation at this time. Mr. Cardoza futher commented the engineers can provide more information, the intersection is very visibly; and highly traveled, the location is the City's downtown corridor, he is agreeable to tree removal in the median, encouraged a rendering, the retaining wall should be reviewed, and is agreeable to sidewalks on both sides of the street. Mr. Cardoza discussed the tree removal plan E including trees 32 through 35 and trees 8 through 13 in the median. i Commissioner Kerr inquired about start date of construction, commented she sympathizes with the Brown's frustrations, sensitive to tree removals, many trees. appear in good conditions, the Brawn's property bears the hulk of the tree removals, parking lot reconfiguration a concent, and the greater public good of street widening. l Chair Cohen inquired if other property owners expressed parking concerns, status of property owner agreements, methodology of acquisition and compensation, if the Brown's issues would be addressed in a written agreement, if the Brown's had PC Mutes 3 October 28, 2008 commented on the parking lot phasing plan,.length of the MND review period, and does acquisition oasts warrant the project.' Chair Cohen commented more gridlock on Dei Obispo at Ortega Highway, the DRC scaled down the project, recommending continuing the item to review the MND, encouraged working with the Brawn's, and the project requires significant work in the City's downtown core. Commissioner Neely inquired about project improvement impacts on traffic, would'the intersection lose efficiency, and if the dedicated right turn is necessary. Commissioner Neely commented short stacking a concern, the driveway at the Stroescher property limit's stacking, understands the Brawn's frustrations, is concerned about condemnation, project design dilemma's, hoped the Brown's had a ,proposal for the City, there is a need for a City policy for CIP issues, and a policy for sidewalks needed on both sides of a street. Vice Chair Ratcliffe commented tree removal in the median is no great bass,the project will change the character of the intersection, the retaining wall is a concern, intersection traffic is problematic, 3,000 square foot loss of property is problematic, maybe an intermediate solution could be identified, and the sidewalk by Ross and Payless is I heavily used. Associate Engineer Patel answered questions commenting ail property owners have been notified of the project and acquisitions, no other property owners have.voiced concerns, and property appraisals would be made after Plarrning Commission recommendations. Public Works Director Abbaszadeh answered questions commenting the property lire by Union Bank would not -change, the number of parking spaces in Plaza de Prosperidad would remain the same, the site plan is correct, 51 trees are in the project area with 35 to be removed, 'free 437 at Union Bank would be retained, 14 trees in Plaza de Prosperidad would be removed, staff will research the number and location of trees in the plans and report back, funding. is partially from a grant, staff hopes to advertise the project in February 2009, CEQA must be completed before discussing compensation,staff will make a list of concerns, staff has not received comments from the Brown's on the proposed phasing pfan, the intersection may lose efficiency and may lose a lane if widening not done, staff hopes to minimize impacts, the Plaza de ' Prasperidad parking layout.had several scenarios, the retaining wall would be about two feet in height and 50 linear feet, staff will mark trees for removal, staff will mark right-of- way ight-ofway lines, ADA requires sidewalks, the budget is limited, there have been change orders, budget design has been exceeded, and it has been a three year process. Assistant Community Development Director Taylor stated the public review and comment period for the MND is 20 days, the MND was posted with the Orange County Clerk today, and the next available meeting to review CIP 111 is November 25, 2008. f Motion by Commissioner Cardoza to continue the item to November 25, 2008 and staff would address questions and concerns related to parking, trees, accuracy of plans, PC Minutes ©ctober28, 2008 responding to the Brown's questions, and comments to the MND, seconded by Commissioner Kerr. The motion to continue with directions passed on a vete of 5-0. \TRICTJCtLSP) SIGN PROGRAM. A request tear approval of a compreherz sign or a developed office complex located at 33122 Valle road an nerally 04 feet south of San Juan Creep Road(APN 675-371-10)(AppliSchac kit Union 1 ICS Invision; Jinn Barnett, representative)(Project der: Justin Kirk, As late planner). Staff Prese__ on and Recommendation Associate Pl r Justin Kirk presented the staff report sf the applicant is requesting aper of a sign program for Building "G" of the e :1' office complex for Schools First Cre nion and IQ Invision, The CUSD occ ', s buildings "A" and "B" j The sign program , udes two types of illuminated IT non-illuminated building mounted signs. On ust 21, 2008 the DRC appro the sign program concept except for the building m ted flush sign which is ori. � along the k5 Freeway, The � applicant has declined to rn the existing propo d staff is recommending denial; The applicant has subseque requested a cont hce. The next available Planning Commission meeting is Novern 26, 2008, #' Public Comments None Plannina Commissioner Questions an tints None By general consensus the ite s conti\thember 25, 2048 Planning Commission meeting.1, OLD BUSINESS 1. ARCHITECTU "CONTROL AC ANGH.SIGN PROGRAM MODIFICATION. lhued consideration of a modification a sign program for the existing raffica par -`Gated at 31351 — 31571 Rancho Viejo (APN 650-142-10 and 650-151- pplicanl:: Ortega Ranch, LLG)(Project M er: Nick Taylor, Planning Tec Ea ). Staff Pres ation and Recommendation Asslsta ommunity Development Director Grant Taylor presented aff report statincgWle applicant is requesting approval of a sign program modificatio include five =litional building mounted signs and three tenant directory signs. The had b reviewed end continued twice by the Planing Gornmission. The applicant not onded tc� staff phone calls or emails, has not submitted any additional inform n PC Minutes October 28, 2008 x K 01.D BUSINESS 1. CAPITAL IMPROVEMENT PROJECT CIP 1,11 _ ITL OBISPO STREET AND CAMINO CAPISTRANO INTERSECTION IMPROVEMENTS. Proposed intersection improvements that include street widening, driveway reconstruction, sidewalk ADA compatibility improvements, tree removal, and landscaping, (Applicant: City of Saiz Juan Capistrano)(Project Manager', Nisha Patel, Associate Engineer)(Continued from meetings of October 28, 2008 and November 25, 2008), Staff Presentation and Recon1mendatior Associate Engineer Nisha Patel presented the staff report and stated CIP 111 includes intersection improvements at Del Obispo Street and Camino Capistrano to include street widening, driveway reconstruction, sidewalk widening for ADA compliance, and landscaping.. The CIP 11'I project was reviewed by the Planning Commission on October 28, 2008 and continued to allow the property owner's to review the .environmental reports and allow staff' to respond to concerns identified by the Commission and property owners of the Plaza de Prosperidad commercial center to include: Compensation to the owners; Parking situation during construction; Retaining wall design; a Clear and concise improvements plans; New right-of-way line; • Identification of trees to be removed; ® Parking lot configuration, Ms. Patel commented that Mike Eggers, the representative for Plaza de Prosperidad met with staff on November 11, 2008 and Commissioner Cardoza met with staff regarding tree removals and landscaping. Public Works Director Nasser Abbaszadeh responding to Planning Commission questions and comments stated there is a necessity of eminent domain that will be reviewed by the City Council, the land swap and eminent domain can be processed � concurrently, TCE means temporary construction easement, construction schedule is tentatively to advertise April .2000 with construction beginning summer of 2009, the project has been scaled back since 2005, the project is a public benefit as the level of service LOS will improve, the City is receiving grant funding that has deadlines, staff has worked with the Brown's to resolve issues, all comments will be forwarded to the City Council, will continue to work on resolving issues and concerns. i Public Comments Orrie Drown, part owner of Plaza de Prosperidad made the following comments: Plaza de Prosperidad is a limited partnership; ATTACHMENT 2 DRAFT PC Minutes 3 December 9,2008 Received staff'report today and did not have time to review;. 0 Concerned with street delineation; + Loss of 37 mature trees; ® Parking lot design is unacceptable; • Referred to a letter and photographs provided to the Commission today; Have not agreed to an easement; • Inquired what TGE means. .Tony Brown, part owner of plaza de Prosperidad commented he sloes not agree with the TCE, the TCE is not on the plans, and inquired about the City pursuing a land swap. Mike- Eggers, consultant for the Brown's commented his clients have attempted to work with staff, he met with staff on November 11, 2008 and has concerns regarding tree removals, retaining walls, street delineation and widening. His main issue is vehicle stacking in the parking lot that; may result in liability, vehicles blocking the intersection, and the parking lot configuration will not work. Commented the photographs distributed tonight were taken on a weekday around noon. Plannina Commissioner Questions and Comments Vice Chair Ratcliffe inquired about a land swap and anticipated problems, concerned with vehicle stacking in the parking lot, and landscaping. Commissioner Kerr concerned with the Brawn's receiving information late and not being part of the process, parking lot stacking problems, vehicles piling up behind the bank, inquired if the project benefit is greater than the impacts, and inquired about the construction timeline. Commissioner Cardoza commented he did not see trees tagged for removal or saving, more trees can be saved, the plans have small scale, parking lot.stacking could be problematic and block stalls, concerned with unanswered issues, arborist report to retain trees, mature trees are expensive, small trees tape years to mature, and the pine trees are expendable. Commissioner Neely commented he hoped more progress would have been ..made resolving issues, not satisfied with parking lot design, scope of area of eminent domain, consider potential options, provide landscape buffering, parking lot stacking blocks stalls, provide greater parking lot landscaping, inquired about staff/prgject deadlines, would like better project design, the pine trees are large but not in Gan Juan's theme, j use gees and landscaping to provide positive effect for the downtown. Chair Cohen commented on a land swap, eminent domain, can't make a positive recommendation to Council, too many unanswered questions. Chair Cohen inquired about TCE, access agreement, time of the photos, costs of capital outlay, benefits to the City, benefits verses impacts, and can the City address issues and still pursue eminent domain. DRAFT PC Minutes 4 December 9, 2008 i Motion by Commissioner Neely for staff to forward Planning Commission comments and concerns to. the City Council, Commission cannot make a favorable recommendation, and the City Council should consider issues.to include costs, design, tree removals, landscaping and parking, seconded by Vice Chair Ratcliffe. Chair Cohen requested that staff bring Planning Commission comments back to the next Planning Commission meeting as a Consent Calendar item, concurred by makers of the motions. The motion to bring back Planning Commission comments as a consent calendar item on January 13, 2009 passed On a vote of 5-0. TREE REMOVAL PERMIT TRP 08-120ARGUELLO WAY._ A reque o re e eight (3) American Sweet Gum (liquidambar styraciflua) trees locate bin Argu Way, a narrow public right-of-way located between Camino Capistra nd the multi-m parking lot. The trees have a diameter between six (ij) and ven (f I) inches. { icant, City of San Juan Capistrano}(project Manager, D Contreras, Senior Plann i Staff Presentation recommendation Senior planner Dav ontreras presented a staff report st Arguello Way is a narrow path running fro amino Capistrano to the multi-m parking lot and that the City received a service re t from,the owner of the Cap! no Trading Post that trees overhanging the roof of his b ess were causing do City staff conducted a site inspection of the trees and pe rian path and obs d damage to the concrete and retaining walls from tree roots the trees ov angina the business. The staff consensus was to recommend remo f the tr and installation of a California native drought tolerant landscaping palette. re mends that the Planning Commission approve the tree removal and refer the caping to the DRC. The City sloes not have funding for future arborist reports s repared a tree survey report. Staff met with Commissioner Cardoza and Vice Ir R e on-site this morning to inspect and discuss the application. Public Comments None . i Planning Commissioner estions and Comments Commissioner Card inquired if there is funding for concre emcval, suggested replacing concrete ' laza with pavers, suggested phasing remove d replacement of the trees and la aping, supports IARC review of a replanting plan. Vice Chair cliffe commented the trees should be removed, Sweet Gu es have aggressi cots, the path does need canopy, supports tree and landscapin rnoval and re ement in phases, supports DRC review of replanting plan, issioner .err concurs with her colleagues suggestions, supports phasing of tr DRAFT PC Minutes December 9, 2008 Page 1 of 1 Lindsey Mannan From: Jill Thomas Sent: Monday, January 19, 2009 5:22 PM To: 15JC-Public Works Subject: FW: E-Verify Hi All: Please see revision below to all personal services agreements, bid and construction documents for future use. 'lease be sure to incorporate in all new documents day forward. Thanks, J From: Omar Sandoval Sent: Monday, January 19, 2009 4.58 PM To: Dave Adams; Cindy Russell; Meg Monahan; Steven Apple; Nasser Abbaszadeh; Karen Crocker; John O'Donnell Cc: Steve Montano; Douglas Dumhart; Grant Taylor; Bill Ramsey; Jill Thomas; Kathleen Springer; Cynthia Alexander; Sam Shoucair; Michelle Perea; Eric Bauman Subject: E-Verify Section 9 of the City's standard personal services agreement is being revised to provide as follows: Secti on._9, Compliance with_La.w.;._E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify, If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Consultant shall verify employment authorization within five days of hiring a new employee or assigning an existing employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http;/_/www,uscis.gov, or access the registration page at https-//www.iris-dhs.com/employerregistratinn. Contractor shall provide evidence of its registration with E-Verify within sixteen days of the effective date of this Agreement. We will need to incorporate Section 9.2 in our bid documents and construction agreements as well. Please let me know if you have any questions or concerns pertaining to this language. Omar Sandoval City Attorney City of San ,Juan Capistrano City Hall (949) 443-6312 Office (714) 416-1049 1/19/2009 32400PASEO11 L4PdT® .%I MEMBERS OF THE CITY COUNCIL SAN JUAN CAPIS T RANO,CA 92675 i 1 (949)493-1171 �__ ' sAURAFREATO SE (949)493-1053 FAA IAEaAraAarEa THOMAS HR ESrAAEfSIlEa ���� THOMAS W.HREBAR wwwsanjuancapistrano.org MARK NIELSEN ® DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL. INTEREST OF THE SAN ,JUAN CAPISTRANO CITY COUNCIL. The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, February 3, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of Resolution of Necessity Authorizing the Acquisition of Properties for Del Obispo Street and Camino Capistrano Intersection Improvements (CIP No. 111)(APNs 668-242-16 & 668-242-02)(Owners: Plaza de Prosperidad, LP, and Seaside Ranchos, Respectively)' — Item No. G1. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, February 2, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Nisha A. Patel, PE, Associate Engineer. You may contact that staff member at (949) 443-6350 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk6a)sanivancapistrano.oM. Meg Monahan, MMC City Clerk cc: Mr. Tony and Mrs. Orrie Brown, Plaza de Prosperidad, LP, Mr. Robert Dolley, Sr., Seaside Ranchos; Nasser Abbaszadeh, PE, Public Works Director; Nisha A. Patel, PE, Associate Engineer San Juan Capistrano: Preserving the Past to enhance the Future Prinked on 100%recycled paper 213/2®09 PLAZA DE 32432 Alipaz St. Suite J GI San Juan Capistrano, Co RECEIVE[f ROSPERIDAD 92675 LP 69 JI 9 T 949.661.205,4 ((++ !+ Imo. f0 orriebrown@rnac,corn C [ c Cir t� SAN JUAN CAPISTRANO VIA HAND DELIVERY January 28, 2009 San Juan Capistrano City Hall Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Request to Appear and Be Heard at Hearing Regarding Ada tion of a Resolution of Negessily for the Agrquisition of a Portion of Pla?_ de Prosneridad, LP at 31877 Del Obispo Street, San Juan Capistrano, CA Dear Madam: In response to the January 16, 2009, "Notice of Hearing Regarding the Intent to Adopt Reso- lution of Necessity to Acquire Real Property by Eminent Do-main-Assessor's Parcel Numher 668-242-16" by the City of San Juan Capistrano ("City"), please accept this as a written re- quest to appear at and be heard in opposition to the City's purported intent to adopt a resolu- tion of necessity. We will appear at the February 3, 2009,hearing personally and/or through our counsel and other representatives.' Very truly yours, Very truly yours, Tony Brown Orrie Brown W,6( RESOLUTION NO, 09-02-03W 02 A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY (APN No. 668-242-02) LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFORE. (SEASIDE RANCHOS) (CIP 111) WHEREAS, the City of San Juan Capistrano ("City") is a public body, corporate and politic of the State of California, organized and operating pursuant to the laws of the State of California, and is authorized as specified herein to take real property by condemnation and to hold, use and enjoy such property as necessary to fully exercise its powers; and WHEREAS the Public Works Department, on an on-going basis, considers, investigates and engages in the acquisition of properties for the purpose of constructing capital .improvement projects with the intent of securing all essential properties needed to implement the General Plan Circulation Element, Arterial Highway System, and in this case by constructing CIP 111- Del Obispo Street and Camino Capistrano Intersection Improvements (the "Project"); and WHEREAS, the City and through it's Public Works Department has determined that the acquisition of that certain real properties, approximately 962 square feet located on a portion of Lot 31 of Tract No. 103 in the City of San Juan Capistrano, County of Orange, State of California, as shown on map filed in Book 11 Pages 26 through 33, inclusive, of Miscellaneous Maps, Records of said Orange County as Assessor's Parcel Number 668-242-02 and as further described in Exhibit 2 of Exhibit A attached hereto (the "Property"), represents a necessary and essential component of the City's successful completion of the Project; and WHEREAS, more specifically, the City has determined that the Property's ultimate use upon widening the street is an essential component in relieving traffic congestion by reducing the delay time (improving the level of service); and WHEREAS, the City has pursuant to Section 15063 and 15064 of the CEQA Guidelines, issued the City's acquisition of the Property in furtherance of the Project a mitigated negative declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included; and WHEREAS, the City is authorized to acquire the Property by condemnation pursuant to the provisions of California State law, including, but not limited to, Article I, Section 19 of the California Constitution and California Health & Safety Code §33037, in Page 1 of 4 02-03-2009 order to carry out the business of the City, such power being exercised pursuant to the provisions of Section 1230.010 et seq. of the California Code of Civil Procedure; and WHEREAS, on January 17, 2008, the City mailed the owners a legal notice of the intent to adopt a resolution of necessity to acquire the Property in fee simple by eminent domain pursuant to and in compliance with the requirements of California Code of Civil Procedure section 1245.235 (the "Notice Letter"), a true and correct copy of the Notice Letter being attached hereto, inclusive of its various exhibits, and incorporated herein by this reference as Exhibit A; and WHEREAS the Property is legally described on the first page of Exhibit 2 to Exhibit A attached hereto and graphically reflected on the second page of Exhibit 2 to Exhibit A, an assessor's map showing the Site; and WHEREAS, the Notice letter advised the owners of a public hearing in this matter before the Council on February 3, 2009, and the City Council held a public hearing on this date (the "Hearing") at which the matters set forth 'in California Code of Civil Procedure section 1240.030 were discussed, including the following: a) Whether the public interest and necessity require the proposed Project; b) Whether the proposed Project is planned and located in the manner that would be most compatible with the greatest public good and the least private injury; c) Whether the property sought to be acquired (which is described herein) is necessary for the proposed Project; and d) Whether the offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record; and WHEREAS, tete City, via the Notice Letter, has provided all persons whose names appear on the last equalized County Assessment Roll as having an interest in the Property with a reasonable opportunity to appear and be heard on those matters referred to in.section 1240.030 of the California Code of Civil Procedure; and WHEREAS, at the Hearing, Staff presented a written report: to the Board, supplemented by oral information, regarding the proposed Project and the matters set forth herein; and NOW, THEREFORE, BE IT RESOLVED, the City Council, by vote of two-thirds or more of its members, hereby declares, finds, and determines as follows: 1. The recitals above are true and correct and incorporated herein by reference. 2. The public interest and necessity require the acquisition of the of the Property, to wit that certain real property described and reflected in the first page of Exhibit 2 to Exhibit A attached hereto (heretofore referred to as the "Property"). The City Council finds that the acquisition of the Property is necessary to widen Del Obispo Street to accommodate the ultimate geometry of the General Plan Circulation Element,Arterial Highway System. Page 2 of 4 02-03-2009 3. The public interest and necessity require the acquisition and taking of a fee simple interest in the Property in order for the proposed Project to proceed, the proposed Project being a public use authorized by law and the California Constitution and California Health & Safety Code §33037, among other provisions of the statutes of the State of California, permit and empower this acquisition by the City through its exercise of the power of eminent domain for the stated public use. 4. The Property sought to be condemned in this matter is legally described on the first page of Exhibit 2 to Exhibit A attached hereto and incorporated into this Resolution of Necessity. 5. The public interest and necessity require the proposed Project. 6. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 7. The Property sought to be acquired, is necessary for the proposed Project. 8. The offer required by Government Code section 7267.2, subdivision (a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section 7267.2, Subdivision (a). 9. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property. 10.The law firm of Woodruff, Spradlin & Smart, is hereby authorized, empowered and directed to prepare, commence and prosecute an eminent domain action or actions in the Superior Court of the State of California in the name and on behalf of the City against all owners and persons and entities claiming or having interests in the Property for the purpose of performing and carrying out all proceedings and steps incident to the condemnation and the acquisition of the Property, including obtaining warrants for deposit of funds, orders for pre- judgment possession, and other steps necessary to acquire fee simple title to the Property, unless a lesser estate has been specified herein, by and for the City of San Juan Capistrano. PASSED, APPROVED, AND ADOPTED this 3rd da �f February 2009. i MARK NIELSEN, MAYOR ATTEST: r f M WCARET R. MONAHAN, CITY CLERK Page 3 of 4 02-03-2009 EXHIBIT A [Notice of Hearing Letter on Resolution of Necessity, which attaches Exhibit 1 (copy of Government Code section 7267.2) and Exhibit 2 (legal description and site map)] Page 4 of 4 02-03-2009 ... - • ,� 32400 PASEO ADEGANTO MEMBERS OF THE CITY COUNCILSA&.JUAN CAF'ISTRANO,CA 92675 SAMALdEUATD (949).49 -1171 ka�aRralana €AURAFRIXsE:' (949)493-1053 FAX a ISuIils9E9 � (��1 THOMAS W.HRISAR. wwsgsanjuaneapistrano.org 1776 MAW NIEE.SEN f ©R.I.UNDRES U30 m • j NOTICE OF HEARING REGARDING INTENT.TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN, ASSESSOR'S " PARCEL NUMBER 66$-242-02 (Caiifomia Code 6f Civil Procedure Section 1245.235) January 16, 2009 To, Seaside Ranchos .c/o Mr, Robert Dolley, Sr. PO Box 444 j Tustin, CA 92781 From: City Council for the City of San Juan Capistrano Dear Mr."Robert Dolley: 1, Notice of latent of the San'.bran Capistrano City Council to Adopt a Resolution' of Necessity. .The City Council intends to consider the adoption of a Resciution of Necessity an February 3, 2009 that if'adopted, will authorize the City of San Juan.•Capistrano ("City") to acquire"the "property described. herein by eminent domain for. the CIP 111- Dei Obispo Street and "Camino Capistrano Intersection Improvements. A description of the property being considered for acquisition accompanies the proposed Resolution of Necessity, which is attached hereto as Exhibit 2 and " incorporated herein to this Notice hereinafter the("Property"). You are being provided notice as your name.appears-on the title and/ or last equalized County of Orange assessment roll. . The statutes that authorize the City to.acqu re the property by eminent domain, includes, but are not limited to,for this proposed project are Streets and Highways Code . Section 10102" (street right of way); Government Code Section 54031 (parking), Government Code-Section 33730 Grater facilities); Streets and Highwaysn" Code Sectio 5100 at'seq. (8treet Improvement Act acquisitions). 2. biotite of Your Rie ht to appear and be Heard. Please take notice that " the City Council of City, at a.regular meeting to be held on February 3, 2009, at.6:30 p.m., or as soon thereafter as the matter may be heard, at 32400 Paseo Adelantd, ' San Juan Capistrano: Preserving the Past/o Enhance the Future 0V Printed on 100%_fecycred paper Page.2 Mr. Robert Dolley, Sr. Council Chamber, San Juan} Capistrano, California, will hold a. hearing on whether such. a Resolution of Necessity should be adopted; as required by California Code of Civil Procedure section 1245.220 for the commencement of an eminent domain.proceeding to { acquire real property. You have a right to appear.and be heard before the City Council at the above sdheduled hearing on the following matters and issues, and to have the City Council give judicious consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the proposed project; b. 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; c. Whether the property- sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project; d. Whether the offer required by Government Code section 7267.2, t subdivisions (a), (b), acid (C), together-with the accompanying statement. and summary of; the basis for the. amount established -as just compensation, was actually made to you and whether said offer and statements summary were in a form and contained all of .the factual information required by Government Code section 7257.2, subdivisions (a), (b), and (a), a copy of which.is attached hereto; e. Whether the. City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take") to acquire the property described herein, as.well as any 1 other matter regarding the right to take said property by eminent domain; and f. Whether the City has the statutory authority to acquire the property by eminent domain. 3. Failure to F11e a Written Request to Be Heard within Fifteen (15) Guys After the Notice was Mailed ll`Result lin Waiver of the Right to appearand be Heard. If you desire to be heard, please beadvised that you must file a written quest With the City Clea within fifteen (15) days after this Notice was mailed. You must file your request to be heard at the San duan Capistrano City Hall, 324613 Paseo Adelento, i San Juan Capistrano, California 92675. Should you elect to mail- your request to the City Clea, it must actually be ' received by the City Clerk for filing within:(f5)"days after this Notide was mailed. The date the mailing appears at the and of this Notice. California Code of Civil Procedure section,1245.235(b)(3) provides that"Failure j to file a written request to appear and be heard within fifteen (15) days,after the Notice j ...... ........ ........_. _....... ..... ....... Page 3 hft. Robert Dailey, Sr. was mailed will result in waiver of the right to appear 'and be heard" on the above matters and issues that are the subject of-the hearing. 3 . If you elect not to appear and be heard In regard to compensation, your nonappearance will'not be a waiver of your right to clalrn greater compensation in e court of taw. The amount to be paid for the property will not be considered by the City Council at this hearing. i If you elect not to appearanill ir d not be hearth your failure to appear we a waiver of your right to: later challenge;the right of the City to take property by eminent domain. The Notice is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property. If the City Council elects to adopt the Resolution of Necessity, then within six (6) months of the adoption of R "solution, the City will commence eminent domain proceedings in Superior Court. In that preceeding, the Court will determine the amount of compensation to which you are entitled. j Dated and mailed on January 46, 2009., Dave Ad-_' CI Manager I Attachments Proposed Resolution of Necessity Exhibit 9-Copy of Govemme'nt Code section 7267.2,subdivisions (a), (b), (c) Exhibit 2- Legal Descriptions and site gaps C: Omar Sandoval Masser Abbeszadeh Government Code �§eotlon 7267.2, suhdlvisi'ans (a), (b),'and (c) ( } Prior to adopting a resolution of nec :ssity pursur7#to Section '12�•5.23U of the Gude of Civil Procedure and initieting:negotlations far the acquisition of real property, the•.public entity shall-establish-art amount which It believes.to be just comperfsation therefore, and small make:ahs offer to the owner. or- ovMers of reedrd to acquire the property for the full rnount.:to established, unless the 6w1rer cannot be located with reasonabid diligence.The oftar may be cc rfdltioned upon the,legislativa bodyfs ratification'cif the offer by.execution cif-a'contrabt of ac Oulsition or adoption of'a resolOt€on.of necessity or bath, Ire no event shelf the arrtount bs foss fan the public enf##y's a prcaved appraisal of'the f'alr rri riCet value of fha property; Any decroasa •or increa.se-In the fair market Value of real property to' be-acquired prior to the 'date of •valuatibn caused'by the Public Improvement for which•-the property is ac.,qulred, car by the likelfhood that the Property,would be acqu6d-for the lr6provement, other than that titre to physical, 'deterioration within the reasonable contfrof of the owner-or aodupp.nt, shall be dlsrpOarded In.determining the comp6nsatOn for the property. (o) . •The-.public entity shalt provide the owbpr of real'prbpedy•.to be acquired wi€h. a 'Mitten- statement .vf, and. summary of Me basis for, the amount it established as just -compensation. The w.dtter�..sfatoment and suinrnary'shalt contain de'taif.-sufficientto indicate cleariythe basis ftir-the-of_f'er;Including, but nut llmfted tai, 'aIl of th' fotlawing.informatlo : The date of valuation,_highest andbesf user and applicable, zoning .property.- VT The .p6nclpal fransactf'ons, reproduction or replacement cost analysts, or capitalization ariadysis, supporting the determination of value. (3)' Where appropriate, the just oornpensation ;far the real property acquired and for damagea -to, remaining real properly. shall be separately.stated -and shall Include the oalculations�•and, narrative e p(at atlen strpp ming the• cogrgpqnsation, includin ! any offsetting 'bendfiis. ; (c) , Where,the property involved'is owner. occup$d'resfdential`-pro-porty and contains'no more-than focirresidential,Units, the;homeOwner'shall, upon.request, -be allowed to revlew'i copy bf the sppralsal 'pop �rhicfi the (5ff'or is'btised: The public entity may,.but is hot required.to, satisfy.the wrlt#eh statement, s rnrr�ary,. and'revieww requirements of this section by providing the'oWrrer•a' copy of the appr*al,on Which the offer is basdd. r MIMI . E EXHIBIT 9 I EXHIBIT"A" . PRELIMINARY LEGAL DESCRIPTION All of Assessors Parcel'No . 068-242-02 That portion of Lot 31 of Tract*,'9 03,. h the City-of Saa Juan Cap'istt�no, County of Oram e,-Stag of Caflfomi6, ast shown on map filed in Book 1 I'Pages 25•through. 33, inclusive, of Miscellaneous Maps. R.ewrds of said Orange.County, be ui�dcd-as follows: Noi•thoasterly Oy southwes#etly line of Parcel 9 of Parcel l fap No, 8 -434, as filed in Book 25.5'Rage,36 and 37'6f Parce[Maps, 'Records!,of said cbunty; . Wesferly-by the easterly line,land'its•southerly prolangatlon) of Parcel Map No. 87-367, filed in,Book 2.30-Pages 41 through 0,-I elusive, of Parcel.Mops, Records of said Southerly by the westerly prolongs#ion of'that certain oourse in the southerly lino of said Parol ' cif Parcel.11ilap No..89-434 shown -as".N89°OW0 " W. 3.12' " on said neap. .Cbntair€s I962 square,feet, more of le's$ j As shawn-on Exhibit.'B"a:f acbed her to and by this r ter nca made a part h6roof Wa! Q. oAa- David 0.,Kmatl PLS 5301 bate C.A a n,EuancapfstranoXG'�8-242-•94Fee.do�. l�ecerYber'18,2f1€18 ap, f2•,31-Pa . 3 ...wEXHIBIT .r..a..----'....Y......�.»�....r�«....u«� f . , v M mom F-'JVI J\10 @_J",.61CL ?ARCE1 ! f . uj i It' . s ;, �j. .f;+t Q.00' $89°00'30"E - DEL OBISPOSTREET PRELIMINARY 1 F PRELIMINARY I WILLDAN SCALE t°= QD' DA OEC d2. 20, E1�OZ7 _tNEEFt5 Q PLANNER$ SKETCH TU ACCOMPANY 1 13.191 CRffSSRGltQS PARkitLy NORTH!'SbITE 405 RRA�NBY i3.$�1EABACH 5b8-S42T02PROP.DGH, �+ }�' �+ T � ION rNou`srar, Cd, 8a� 6&a5r HECKECI BY it.KHEiI SJCAAIBEL/,RiPldKfS LEGAL �JESCR d P I t ON . 15.62) 908-6206 - _ STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No, 09-02-03-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 3rd day of February 2009, by the following vote: AYES: qoUNCIL MEMBERS: Allevato, Freese, Uso and Mayor Nielsen NOE COUNCIL MEMBER: None RET UNCIL MEMBER: Hribar MARG RE . NAFM,Ibtdle