HomeMy WebLinkAboutAgenda Statement 1985/11/12 Item 16BCOUNCIL AGENDA STATEMENT
~~~
Item 16a,b, c, d, e
Meeting Date 11/12/85
ITEM TITLE: a. Resolution /~~ ~5~ Certifying EIR-85-3
b. Resolution /A ~~f( Making Findings on Petition: Formal action
of City Council accepting petition for proceedings for a
special assessment district and making preliminary statutory
findings
c. Resolution ~~~ ~~Making Appointments and Approving
Agreements in a Special Assessment District: Makes preliminary
appointments of Superintendent of Streets, etc., and approves
consulting contracts with Bond Counsel, F. Mackenzie Brown,
Inc.; Assessment Engineer, Willdan Associates; Financial
Consultant, Kadie-Jensen & Johnson; and Design Engineer, Lowry
& Associates
d. Resolution /~~ /Adopting Proposed Boundary Map: Formal
action approving boundaries of Assessment District No. 85-2.
e. Resolution /~~ ~~Referencing Prevailing Wage Scale and
Directing Call for Construction Bids: Formal action
authorizing bidding on the works of improvement to be awarded
December 17, 1985, with costs to be guaranteed and advanced by
Property Owner, Eastlake Development Company
SUBMITTED BY: Director of Public
REVIEWED BY: City Manage
Works/City Engineer %~
(4/5ths Vote: Yes No X )
On February 26, 1985, Council adopted the Eastlake I SPA and approved a
Development Agreement and Public Facilities Financing Plan for the
development. The use of special assessment financing under the "Municipal
Improvement Act of 1913" and "Improvement Bond Act of 1915" (Division 12 and
Division 10 of the Streets and Highways Code, respectively) for the
construction of the water, sewer and street improvements in the Eastlake Phase
I is consistent with the financing plan and implementation program.
RECOMMENDATION: Approve the Resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
b~ t.:. C~iy Go.'^~il of
Chula ~list~, C~.'iiori:ia
Date) _/~ ~`~- ~'S/
a
t
Page 2, Item 16a, b, c, d, e
Meeting Date-TTJT~]$5
DISCUSSION:
Environmental Impact Report
The EIR for the project has been certified by the Planning Commission and the
Board of Directors of the Otay Water District. It is the conclusion of this
EIR that all impacts of this project (the physical change in the environment)
can be mitigated to a level of insignificance. Those mitigation measures are
outlined in Section III of the final EIR.
Assessment District Reimbursement Agreement
The Eastlake Development Company, owners of the property to be included within
the proposed assessment district 85-2 have signed an agreement, to advance
funds to allow the City to pay for all initial consulting, administration,
engineering and construction expenses, relating to the formation of the
assessment district. The owners will be reimbursed or receive credit upon
their assessment for monies previously advanced.
The agreement lists the various expenses (or consultant services) eligible for
inclusion in the cost of the proceeding. It also provides a mechanism for the
payment of funds by the property owner and the administration of the contract
by the City. All City costs associated with these proceedings will be borne
by the property owner.
Petition
The property owners of record have submitted a petition to the City requesting
the initiation of special assessment district proceedings for the construction
and installation of certain authorized public improvements, including a water
reservoir, water pump station, transmission and on-site water facilities,
reclaimed water improvements, sewer lines, street improvements, together with
appurtenances, all as said improvements serve and benefit properties within
Eastlake I (Assessment District No. 85-2). The petition, as submitted, has
been signed by the property owners representing 100% of the area and lands
proposed to be assessed, and has also been signed by the lenders of record as
shown on a preliminary title report as submitted and dated October 16, 1985.
Consultants
The property owners in the Petition have requested the following consultants
be employed to carry out the Assessment District proceedings, and their
appointment is recommended because of their familiarity with the project and
the time restraints:
A. Assessment Engineer: Willdan Associates
B. Design Engineer: Lowry & Associates and Rick Engineering
C. Financial Consultant: Kadie-Jensen & Johnson
D. Bond Counsel: F. Mackenzie Brown, Inc.
,- ,
Page 3, Item 16a, b, c, d, e
Meeting Date 11 1 5
The property owner has agreed to advance and/or guarantee the funds for
payment to the consultants and will be reimbursed from bond proceeds. A
contract with Rick Engineering for consultant work is now being drafted and
will be submitted for Council approval in the near future.
The total estimated cost of the improvements to be constructed by the
Assessment District is approximately $7,000,000.00. The incidental expenses
for engineering design, bond sales, bond reserve, City and Otay Water
inspection and administration, etc., will add approximately 30-40% to the
construction costs.
Otay Municipal Water District
The Otay Municipal Water District is approving the plans and specifications
for the water improvements, and will be performing the inspection on the
construction of said improvements. The Water District will be paid for all
their services from advances from the property owner and from bond proceeds.
Prior to the award of any contract for water improvements, a contract will be
submitted, setting forth terms and conditions as it relates to the ownership,
management and maintenance of said facilities, said contract to be executed
between the City and the Water District.
Assessment District
In order to coordinate the Assessment District proceedings with the Eastlake
Development Company schedule, including the substantial grading necessary for
the project and the time requirements to construct the reservoir (8 months),
it is necessary to phase the award of the various construction contracts. The
reservoir contract will be awarded in advance of the Assessment District
public hearing, and it is also proposed that the water pump station contract
will also be noticed and awarded prior to the public hearing and sale of bonds
for these proceedings. The public hearing is proposed to take place
approximate April, 1986. Funds for any contracts awarded prior to this time
will be provided to the City by Eastlake Development Company, which would then
he reimbursed for any advances from the proceeds of the sale of bonds. The
construction contracts for the remaining public improvement work would be
awarded subsequent to any public hearing, and thus would be funded through the
sale of bonds.
Summary of Council Actions
Through the adoption of the above resolutions, the City Council will have:
1. Accepted the petition which authorizes staff to proceed with formation of
a special assessment district.
2. Approved the appointments of persons to perform duties, and approval of
consulting and reimbursement agreements.
3. Approved the boundaries of Assessment District No. 85-2.
Page 4, Item 16a, b, c, d, e
Meeting Date1T/T~J$5
4. Authorized the bidding for first phase of work of improvement (water
reservoir).
5. Approved the agreement committing the property owner to fund the cost of
the proceedings.
FISCAL IMPACT: The Eastlake Development Company will be advancing all funds
necessary for the initial costs and expenses of the consultants and
construction bidding; thus, there is no fiscal impact on the City.
WPC 1720E
T0: CITY OF CHULA VISTA
PETITION AND WAIVER FOR
SPECIAL ASSESSMENT PROCEEDINGS
1. I/We, the undersigned, are the property owners of land shown on the map attached
as Exhibit "A" and made a part of this document.
2. I/We petition you to undertake special assessment proceedings for the following
described public improvements:
The construction and installation of certain public improvements, including water
reservoir, pump station, transmission and on-site water facilities, reclaimed
water improvements, together with street, sanitary sewer and appurtenant improve-
ments, all to serve and benefit properties in Eastlake, Phase 1, being ASSESSMENT
DISTRICT N0. 85-2.
3. I/We understand:
A. THAT the cost of the improvements will be charged to the land which benefits
from the improvements, including our land;
B. THAT a report will be prepared on the project, including plans and specifi-
cations, a detailed cost estimate, and a division of the costs among the
benefited parcels of land, and that you will conduct a public hearing on the
report;
C. THAT the cost of engineering, legal and other incidental expenses will be
included in the project cost;
D. THAT each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
4. I/We consent to other appurtenant work and acquisition that is, in the opinion of
the legislative body, necessary to properly effectuate said improvements, and we
hereby expressly waive the proceedings required and all limitations under the
"Special Assessment Investigation, Limitation and Majority Protest Act of 1931",
being Division 4 of the Streets and Highways Code of the State of California.
5. I/We hereby further request that all efforts and attempts be made so that said
proceedings and the Resolution of Intention can be adopted at the earliest time.
6. I/We agree to dedicate all required rights-of-way or easements necessary for the
works of improvement, all dedications to be accomplished before the ordering of
the improvements.
7. I/We further request the formation of a maintenance district pursuant to the pro-
visions of the "Landscaping and Lighting Act of 1972, being Division 15, Part 2
of the Streets and Highways Code of the State of California, for certain supple-
mental lighting and landscaping maintenance work within the boundaries of the
Assessment District.
8. I/We hereby further request the following:
A. That WILLDAN ASSOCIATES be appointed as ASSESSMENT ENGINEER and ENGINEER OF
WORK;
B. That LOWRY & ASSOCIATES and RICK ENGINEERING be appointed as DESIGN
ENGINEER;
C. That KADIE-JENSEN & JOHNSON be appointed as FINANCIAL CONSULTANT;
D. That F. MACKENZIE BROWN, INC. be appointed as BOND COUNSEL.
It is hereby further stated that the property within the boundaries of the Assess-
ment District at this time is subject to existing mortgages or deeds of trust.
THE UNDERSIGNED hereby state, as mortgagees or beneficiaries under any existing
deeds of trust, that they acknowledge and join in signature in the Petition for
the above-referenced Assessment District. For further particulars as to any
mortgagees or beneficiaries under any deeds of trust, reference is made to the
title report, a copy of which is attached hereto.
' ~, ~. '.~
TE OF SIGNING
~o- aq_ ~s
NAME OF LENDER
SIGNATURE
SECURITY PACIFIC NATIQNAL BANK,
a national banking association.
6~/ sa{~
NAME OF PROPERTY
OF OWNER AND STREET
NG ADDRESS
-a9.~s"
ia~ay~BS
a. ~Y ~
LEGAL DESCRIPTION OR
COUNTY TAX PARCEL NO.
EASTLAKE DEVFSAPNIIIII~TTP CG^7PANY,
a California general partner-
ship.
701 B Street
Suite 730
San Diego, CA 92101
Parcels
B andC
pursuant
to legal
description
attached as
Exhibit "B".
WESTERN SALT COMPANY, Parcels
a California corporation. A and D
702 L4est Washington Avenue pursuant
P.O. Box 149 to legal
San Diego, CA 92112 description
SIGNATURE
By: DAVID IV, INC.,
a California corporation
,~
B i4'.~P Y
By: DANIEL V, 1I~C.,
a California corporation
g ~/
iel D. Lan President
avid B. Kuhn, Ji.. President
A,TE OF CALIFORNIA
UNTY OF
SAN DIEGO
}SS.
On this 30th day of October , in the year 19 85,
before me, the undersigned, a Notary Public in and for said State, personally appeared
T. R. Hale
.• ,v OFFICIAL SEAL
KATHERINE WILLIAARS
NOTARY PUBLIC-f,A;.IFORNIA
PRINGPAI OFFICE IN
SAN DIEGO COUNTY
My Commission Expires AUg. 29, 1986
personally known to me
to be the person who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it.
WITNESS my hand and official seal. (./ .
NOWLEOGMENT-Corporation-WOlwps Form 222CA-x-Rev. 5-a2
:a2 WOLCOTTS. INC.
STATE OF CALIFORNIA //~,~ ~ /
COUNTY F \ Tf11/_/
on t~ ~ 9~-tr:e.F~
saitl State. personallyoppeared
SS.
b~/e/nflore me, tned, a Notary Public in and for
~IS~~ and
,personally known to me for proved to me on the basis
of satisfactory evidence) to be the persons who executed the within lnstrumenf/1als ~~ ~~
President and Secretary, on behalf of. ~/~ilz,[.Q.-'C~...C._-~ ~'G.f~-
the Corporation therein named and acknowledgetl to methat said __
corporation executed the within instrument pursuant to its by o OF?ICIAL SEAL
laws ora resowuon of its board of directors,s id torpor r nbeing '"°`i pgARY E BLACKARD
kno n to me to be one of the pa rtn rs of m NOTARY PUBLIC -CALIFORNIA
' " ~~ OF.NiGE CDUi1TY
- ~ ~~ My ccmm. expires APR 5, 1989
the partnership that executed the withi instrument, nd ack- .- a~ --_
nowledged to me that such corporation executed the same as
Such partner and that such partnership executed the same.
WITNESS han 7d~and officials I.
Signature ~/~ r eevc-•-~-! ~ _. ___ _ _ (This area for official notarial seal)
STATE OF
,%4C
COUNTY OFL-- C f i!/C
On ~~-1-l..j~Ci ~~
satisfactory evidence to be a Vice President, and
Notary Public in and for said State.
SS.
before me, the undersigned, a Notary Public in and for said State, personally appeared
f personally known to me or proved to me on the basis of
known to me or proved to me on the basis of satisfactory evidence to be a
of the SECURITY PACIFIC NATIONAL BANK,the association that executed the within Instrument, known to me to be the persons who executed the within
Instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that
such association executed the within Instrument pursuant to its by-laws or a resolution of its
WITNESS my hand and official Sea,, ...~,~ z /
OFFICIAL xn~ '
~, . KIM R. WORD
(Seal) l,mr zf Y" NOTARY PUBLIC CALIFORNIA
i" ~ ~ /• ORAN3f GOLNTY
~"'!~,F~~ MY Commission. Expires Mac 18, 1988
030e~a a-ea• 25 PS Bank Officer's Notarial Acknowledgement
Of directors.
\~ ~ ( /. j
(Notary Public's Signature)
PROPOSED BOUNDARY MAP
~ ~ EASTLAKE WATER ASSESSMENT DISTRICT
CHULA VISTA .ASSESSMENT DISTRICT 85 -2
i wDaw LlwnY.Nw n. rr wwnw wo® wua.-s
vunLww• wwa.anrwnwer,ou~vwn wmmw
wm~.+~Ptr r.+oao w M an caLOL aM mr a
aLU vwn rt ~ aww~w Iw[T-MIILV. M6n nw
v ,no,wowwrowwo
~OawM1~ol
bn CIILLCM1 pOY~.ww
~ wiFwM
O
-mew
wLNwM ORI0.Iw 01.QAV MAT'DOW-w
TM -a ,im
Q
w~~
E]ffflDN R MpR. LEGEND
__- .Loon o.NCr wLwnwr
~ Nwm Ln
L-M ~WMYL IQ
-N- bOIIC w110111t
- I -wNi/wC wllwl lLf
-! - wwtlwl wNlp Lw[
ruo nw arv ,~ wow ,n wwE s rns
wee•on ewrwrn w nc a.NE v rw cewr. NlLgpp v
M cwnr a wwnq wn[ a ortraw.
mwn wnnwa
mwr.av.eLe
n
Q MV wwm wro.oeNn
FILED IN THE OFFICE OF THE CITY CLERK THIS 15th DAY OF November ,
1985.
Said Petition represents
attached map.
100 % of the assessable area, as shown on the
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ORDER NO.v876411-15
EXHIBIT "B" Y
The land referred to herein is situated in the State of California,~County of
San Diego, and is described as follows:
PARCEL A:
Those portions of Sections 27 28, 33 and 34 all being in Township 17 South,
Range 1 West, and that portion of Section 3, Township 18 South, Range 1 West,
all of San Bernardino Base and Meridian, in the County of San Diego, State of
California, according to United States Government Survey, together with that
portion of Rancho Janal, according to Map thereof recorded in Book 1, page 89 of
Patents, records of San Diego County, all being described as a whole as follows:
i
Beginning at the Northwest corner of the Southeast Quarter of said Section 34; '
thence along the South line of the Northwest Quarter of said Section 34 North `
88°53'15" West 2680.31 feet, to the Southeast Quarter of the fractional
Northeast Quarter of said Section 33; thence along the South line of said
fractional Northeast Quarter North 89°21'14" West 2554.31 feet, to the Westerly
line thereof; thence along said Westerly line to and along the Westerly line of
said fractional Section 28, North 17°52'14" West 4207.73 feet, to the North line
of the South Aalf of the South Half of said fractional Section 28; [hence along
said North line South 89°40'56" East 3326.91 feet; thence leaving said North
line North 53°17'52" East 663.88 feet, to the West line of the Southwest Quarter
of said Section 27; thence aloctg said West line North 1°49'21" West 920.54 feet
to the North line thereof; thence along said North line South 88°57'38" East
2729.84 feet, to the East line thereof; thence along said East line South
0°04'42" East 874.80 feet; thence leaving said East line South 67°47'42" East
416.80 feet; thence South 47°42'18" East 446.13 feet; thence North 88°57'13"
West 715.40 feet, returning to said East line; thence along said East line South
0°04'42" East 1312.61 feet, to the Northwest corner of said Section 34; thence
along the North line thereof South 88°47'50" East 2633.41 feet, to Corner No. 5
of said Rancho Janal; thence along the North line of said Rancho South 88°27'08"
East 820.00 feet; thence leaving said North line South 1°29'02" West 1125.63
feet; thence South 11°19'49" West 1245.01 feet; thence North 82°32'52" East
1002.68 feet, to the beginning of a tangent 1500.00 foot radius curve concave
Southwesterly; thence Easterly and Southeasterly along the arc of said curve
through a central angle of 62°31'26", a distance of 1636.87 feet; thence tangent
to said curve South 34°55'42" East 225.00 feet; thence South 55°04'18" West
150.00 feet, to the beginning of a tangent 500.00 foot radius curve concave
Easterly; thence Southwesterly, Southerly and Southeasterly along the arc of
said curve through a central angle of 89°51'18", a distance of 784.13 feet;
thence tangent to said curve South 34°47'00" East 600.23 feet,. to the beginning
of a tangent 500.00 foot radius curve concave Northwesterly; thence clockwise
along the arc of said curve through a central angle of 117°19'52", a distance of
1023.91 feet; thence tangent to said curve South 82°32'52" West 1643.01 feet;
thence South 64°34'17" West 2508.07 feet; thence South 43°27'08" East 288.00
feet; thence South 65°28'59" West 900.00 feet; thence North 37°28'57" West
1690.60 feet; thence North 0°36'22" East 297.85 feet, to the South line of said
Section 34; thence along said South line North 88°45'17" West 10.00 feet, to the
LEGAL DESCRIPTION
ORDER N0. 876411-15
West line of the Southeast Quarter of said Section 34; thence along said West
line North 0°47'55" East 2692.26 feet, to the Point of Beginning.
EXCEPTING THEREFROM that portion described as follows:
COMMENCING at Corner No. 5 of said Rancho Janal; thence South 35°30'50" Eas[,
3649.05 feet; thence South, 150.00 feet to the TRUE POINT OF BEGINNING; thence
North 45°00'00" East, 141.42 feet; thence East, 211.24 feet; thence South
17°18'27" East, 204.25 feet; thence South 70.00 feet; thence South 57°59'40"
West, 188.68 feet; thence West 107.00 feet; thence ..North 45°00'00" West, 148.49
feet; thence North, 160.00 feet to the TRUE POINT OF BEGINNING.
Also excepting therefrom those portions of Sections 27, 28, 33 and 34 all being i
in Township 17 South, Range 1 West, San Bernardino Meridian, in the City of ~
Chula Vista, County of San Diego, State of California, according to the Official t
Plat thereof, all being described as a whole as follows:
Beginning at the Northwest corner of the Southeast Quarter of said Section 34;
thence along the South line of the Northwest Quarter of said Section 34 North
88°53'15" West 2680.31 feet, to the Southeast corner of the fractional Northeast
Quarter of said Section 33; thence along the South line of said fractional
Northeast Quarter north 89°21'14" West 2554.30 feet, to the Westerly line
thereof; thence along said Westerly line to and along the Westerly line of said
fractional Section 28, North 17°52'14" West 4207.74 fee[, to the North line of
the South Half of the South Half of said fractional Section 28; thence along
said North line South 89°40'56" East 3326.91 feet; thence leaving said North
line North 53°17'52" East 663.88 feet, to the West line of the Southwest Quarter
of said Section 27; thence along said West line North 1°49'21" West 160.00 feet
more or less to an angle point in the Boundary of Parcel Map No. 13883; thence
leaving said West line South 48°42'07" East 1858.49 feet to the beginning of a
tangent 2917.00 foot radius curve concave Southwesterly; thence Southeasterly
along said curve through a central angle of 32°47'53" a distance of 1669.79
feet; thence tangent to said curve South 15°54'14" East 975.04 feet to the
beginning of a tangent 3,917.00 foot radius curve concave Westerly; thence
Southerly along said curve through a central angle of 12°21'23" a distance of
844.74 feet; thence tangent to said curve South 03°32'51" East 200.09 feet;
thence North 88°53'51" West 27.80 feet to the Point of Beginning.
Also excepting therefrom Parcel 1 of Parcel Map No. 13697, in the City of Chula
Vista, County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, February 27, 1985 as File No. 85-064061 of
Official Records.
Excepting therefrom an undivided 1/2 interest in all oil asphaltum, petroleum,
natural gas, hydrocarbons and other natural mineral substances and products and
all other minerals, whether or not of the same character hereinabove generally
described, in or under such property at a vertical depth of 500 feet or more
below the present natural surface of said land, but without the right of entry
on the surface of said land.
Lcl~aiL L6 Jl.K1Y11UCV
ORDER N0. 876411-15
Further excepting therefrom Parcels 1 and 2 of Parcel Map No. 13883, in the City
of Chula Vista,. County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, July 26, 1985 as File No. 85-266854 of
Official Records.
Excepting therefrom an undivided 1/2 interest in all oil, asphaltum, petroleum,
natural gas, hydrocarbons and other natural mineral substances and products and
all other minerals, whether or not of the same character hereinabove generally
described, in or under such property at a vertical depth of 500 feet or more
below the present natural surface of said land, but without the right of entry
on the surface of said land.
PARCEL B:
Those portions of Sections 27, 28, 33 and 34 all being in Township 17 South,
Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San
Diego, State of California, according to the Official Plat thereof, all being
described as a whole as follows:
Beginning at the Northwest corner of the Southeast Quarter of said Section 34;
thence along the South line of the Northwest Quarter of said Section 34 North
88°53'15" West 2680.31 feet, to the Southeast corner of the fractional Northeast
Quarter of said Section 33; thence along the South line of said fractional
Northeast Quarter North 89°21'14" West 2554.30 feet, to the Westerly line
thereof; thence along said Westerly line to and along the Westerly line of said
fractional Section 28, North 17°52`14" West 4207.74 feet, to the North line of
the South Half of the South Half of said fractional Section 28; thence along
said North line South 89°40'56" East 3326.91 feet; thence leaving said North
line North 53°17'52" East 663.88 feet, to the West line of the Southwest Quarter
of said Section 27; thence along said West line North 1°49'21" West 160.00 feet
more or less to an angle point in the Boundary of Parcel Map No. 13883; thence
leaving said West line South 48°42'07" East 1858.49 feet to the beginning of a
tangent 2917.00 foot radius curve concave Southwesterly; thence Southeasterly
along said curve through a central angle of 32°47'53" a distance of 1669.79
feet; thence tangent to said curve South 15°54'14" East 975.04 feet to the
beginning of a tangent 3,917.00 foot radius curve concave Westerly; thence
Southerly along said curve through a central angle of 12°21'23" a distance of
844.74 feet; thence tangent to said curve South 03°32'51" East 200.09 feet;
thence North 88°53'51" West 27.80 feet to the Point of Beginning.
PARCEL C:
Parcel 1 of Parcel Map No. 13697, in the City of Chula Vista, County of San
Diego, State of California, filed in the Office of the County Recorder of. San
Diego County, February 27, 1985 as File No. 85-064061 of Official Records.
LEGAL DESCRIPTION
ORDER N0. 876411-15
/>
Excepting therefrom an undivided 1/2 interest in all oil asphaltum, petroleum,
natural gas, hydrocarbons and other natural mineral substances and products and
all other minerals, whether or not of the same character hereinabove generally
described, in or under such property at a vertical depth of 500 feet or more
below the present natural surface of said land, but without the right of entry
on the surface of said land.
PARCEL D:
Parcels 1 and 2 of Parcel Map No. 13883, in the City of Chula Vista, County of
San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, July 26, 1985 as File No. 85-266854 of Official Records.
Excepting therefrom an undivided 1/2 interest in all oil, asphaltum, petroleum, ~i
natural gas, hydrocarbons and other natural mineral substances and products an3
all other minerals, whether or not of the same character hereinabove generally
described, in or under such property at a vertical depth of 500 feet or more
below the present natural surface of said land, but without the right of entry
on the surface of said land.
ma/rrr