HomeMy WebLinkAboutAgenda Statement 1986/04/15 Item 10 COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 4/15/86
ITEM TITLE: Resolution Approving documents deeding a portion of
City of Chula Vista Public Works Yard as right-of-way for
Bayfront Trolley Station Project SUBMITTED BY: Director of Public Works/City Engineer 94/41"/
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
The County of San Diego, acting as acquiring agency for the Bayfront Trolley
Station Project, has submitted documents for approval by the City of Chula
Vista which would deed a portion of the City of Chula Vista Public Works Yard
as a right-of-way for the Bayfront Station Project. The property to be
acquired, which is shown on the attached exhibit as Parcel E, is an
approximate 40' x 490' right-of-way, or 0.450 acres. These documents have
been reviewed by the Assistant City Attorney.
RECOMMENDATION: That Council approve the following documents deeding a
portion of the City of Chula Vista Public Works Yard right-of-way to the
County of San Diego, acting as acquiring agency for property relative to the
Bayfront Station Project.
1 . "Statement of Just Compensation" for the City property in the amount of
$147,000.
2. The "Grant Deed" for the subject property.
3. The "Real Property Contract" between the County of San Diego and the City
of Chula Vista pertaining to acquisition of the subject property.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
An appraisal of Parcel E, and other parcels to be acquired as part of the
Bayfront Trolley Station Project, was conducted by Hilliard Lipman &
Associates. The appraised value of the City property (Parcel E) is $147,000.
The City of Chula Vista and County of San Diego have entered into an agreement
for development of the Bayfront Station which specifies that the City and the
County will share equally in the development costs of the station. The
documents deeding the City property to the County specify that $147,000 will
be credited to the City' s 50% share of project costs.
The City property to be acquired for the project (Parcel E) will be developed
as part of the traffic circulation system for autos and transit.
FISCAL IMPACT: The portion of the City Public Works Yard to be acquired by
the County of San Diego for the Bayfront Trolley Station Project has been
appraised at $147,000. The $147,000 will be credited to the City's 50% share
of project development costs.
WMG:nr/DS038
WPC 0681T
71"i;;.:!; ci! of
Chula Vista, Cfcirrila
Dated
E •"SAG COUNTY OF SAN DIEGO
,� DEPARTMENT OF GENERAL SERVICES
yC: 40' 5555 OVERLAND AVENUE, BLDG 2, RM 240
SAN DIEGO, CALIFORNIA 92123-1630
°ccc (619) 565-5293
September 3, 1986
Jennie M. Fulasz
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 92012
Attn : Alice Kemp
Enclosed you will find a second original Real Property Contract executed
by the Clerk of the Board of Supervisors of the County of San Diego, for
your records. You will also find enclosed, per your request, an accepted
Grant Deed, with the appropriate County Recorder notation set forth there-
on.
If you have any questions regarding these documents, please contact Ron
Gerow, Real Property Agent at 565-5899.
47_ I!A' CE E. KAUFMAN, Director (Acting)
d Department of General Services
RPM:RJG:gh
Enclosures
A7-/x1/37
I1RCHITECTURE & ENGINEERING COMMUNICATIONS REAL PROPERTY MANAGEMENT
FLEET OPERATIONS FACILITIES SERVICES
Vrit1V titl.U1L) L1, r'LtAJt MAIL
"MIS IIVTRUMENT TO:
:ierk, Board of Supervisors
an Diego County Administration Center
600 Pacific Highway
an Diego, California 92101
10 TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONLY
Grant Deed
C.Y.
BAY FRONT TROLLEY STA
Ioe pcisU p {Ceil2 WoOCNO. Tt262i
Parcel No. 84-0323-A
THE CITY OF CHULA VISTA
or a valuable consideration do(es) hereby GRANT to the COUNTY OF SAN DIEGO all that real property in the
ounty of San Diego, State of California described as follows:
Parcel No. 84-0323-A (8-30-84) (JA:DMW:r1f)
The Northwesterly 40.00 feet of the Southeasterly Quarter of the Northwesterly
Quarter of Quarter Section 162 of RANCHO DE LA NACION, in the City of Chula
Vista, County of San Diego, State of California, according to Map thereof No .
166, filed in the Office of the County Recorder of San Diego County, May 11 , 1869.
EXCEPTING the Northeasterly 30.00 feet AND the Southwesterly 140.00 feet therefrom.
:SF,85 15,5/77
•
Dated this l day of ? 19 le
THE CITY OF CHULA VISTA
p/i)
By:
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MYde
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By:
1.-44K,y ��� etar
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STATE OF
County of j ss
On , 19_before me, the undersigned, a Notary Public in and for said County any
State, personally appeared
• nown to me to be the person whose name subscribed to the within, instrument
and acknowledged that executed the same.
Witness my hand and official seal.
^,Ictary Public in and for said County and State
STATE OF CALIFORNIA,
County of San Diego. eS'
On this day of in the year 19.._, before me, ROBERT D. ZUMWALT
County Clerk and ex-officio Clerk of the Superior Court in and for said County, which is a court of record having
seal, personally appeared
kr;uwn to me to be the person described in and whose name
subscribed to and who executed the annexed instrument, and acknowledged to me that
he executed the same.
in Witness Whereof, I have hereunto set my hand and affixed the seal of said Court at my office in the County o
San Diego, the day and year in this Certificate first above written.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court
By , Deputy
This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Diego
a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuan
to authority conferred by Resolution of said Board adopted on March 20, 1979,and the Grantee consents to recor
dation thereof by its duly authorized officer.
Dated
EX I A
I5 4'7,
Doc. No.
Chula Vista Bayfront
Trolley Station (Project)
THIS AGREEMENT IS HEREBY MADE
AND ENTERED INTO THIS 15th
DAY OF May , 1984
BY AND BETWEEN
THE CITY OF CHULA VISTA, a
body politic and a municipal
corporation of the State of
California, hereinafter
referred to as *CITY"
AND
The COUNTY TY OF SAN DIEGO, a
political subdivision of the
State of California, herein-
after referred to as 'COUNTY"
MITMESSETH
WHEREAS, the parties hereto have a regionwide interest in offering better service
to existing public transportation users, in providing improved accessibility to _
increase the potential travel market for which transit can compete and to increase
the operating efficiency and effectiveness of existing transportation systems,
and
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0/ WHEREAS, the above interest can be achieved regionwide by providing for the con-
venient transfer of passengers between all transportation alternatives, and
WHEREAS, the provision of an LRT Station at E 'Street in Chula Vista will increase
the use of public transportation by improving connectivity between transportation
alternatives, thus encouraging greater transit operating efficiencies, increasing
both public and private vehicle occupancy, and increasing local and regional acces-
sibility for the public, and
WHEREAS, provision of an LRT Station at E Street in Chula Vista will be an integral
and important component of the transportation plan for the Chula Vista Bayfront
development area, and
.1) WHEREAS, an LRT Station at E Street will provide access to the regional public
transportation system for a projected 3,200 workers and tourists in -the-Bayfront----
• development area, and
WHEREAS, an LRT Station at E Street will enchance access to the regional public
transportation system for existing development in the vicinity of the station,
and
WHEREAS, the provision of an LRT Station draws all transportation alternatives
into an effective, usable system which enables each alternative to feed the others,
thus enabling economies of scale to begin to take place as each transportation -
alternative begins to serve that portion of the travel market which it can serve
most effectively, and
WHEREAS, the efficient and effective use of all transportation alternatives will
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result in the regionwide enhancement of air quality, reduction of roadway conges-
tion, lower roadway maintenance costs and a reduced dependence on the private
auto as the prime transportation alternative, and
WHEREAS, the citizens of the State of California in general, and more specifically,
the San Diego region would benefit from the increased connectivity between local
and interregional transportation alternatives by increased accessibility, lowered
operating costs, lessened auto driver and transit passenger frustration, and fewer
vehicular accidents associated with traffic congestion as a result of implementation '
of an LRT Station at E. Street in Chula Vista, and
WHEREAS, the parties hereto have expressed a desire to participate in the imple-
mentation and operation of an LRT Station at f Street in the City of Chula Vista,
and
WHEREAS, the parties hereto have agreed upon a mutually acceptable concept design
for such a station:
NOW THEREFORE, in consideration of the covenants and conditions contained herein,
the parties hereto agree as follows:
SECTION 1 •
COUNTY AGREES TO:
1) Provide a project manager who reports to the Project Steering Committee (PSC),
and to provide other staff support to insure continued, cooperative,
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comprehensive coordination for the implementation of an LRT Station at E Street
in the CITY of Chula Vista, hereinafter referred to as the Bayfront Trolley
Station (BFTS).
2) Appoint one County Supervisor to a project steering committee (PSC). County
Supervisor will act as officiating member of this committee.
3) Act as the lead agency in the preparation of documents; facility design, right-
of-way acquisition, and construction.
4) Provide TOA fund support to the extent of 50 percent of the EFTS total develop-
ment p
ment costs of $3.4 million.
5) Submit''the EFTS in the MTDB Transportation Improvement Program and San Diego
Regional Transportation Improvement Program. - - —
6) Utilize the PSC to review plans, projects and procedures =y
7) Share ownership of the facility equally with the CITY.
8) Share operating and maintenance costs equally with the CITY for that portion
of the facility outside the SD E AE right-of-way.
9) Share revenue from leases equally with the CITY.
SECTION 2
CITY AGREES TO: -
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I) Appoint a City Council member to the project steering committee (PSC) and provide
a project coordinator who shall coordinate the CITY's responsibilities and
report to the PSC.
2) Submit all project input through the PSC and the project manager to insure
continued, cooperative, and comprehensive coordination during implementation
of the EFTS.
3) Act as the responsible agency, if required, during the right-of-way acquisition
phase. This would include initiation and administration through the PSC,
and condemnation proceedings, should any such proceedings be necessary.
4) Act as the lead agency in obtaining environmental approvals.
5) Provide necessary staff support as required by the project manager during
preparation of environmental documents, facility design, right-of-way acqui-
sition, and construction liaison.
6) Allow the COUNTY to act within CITY's jurisdiction according to Section 99400.5
of the Public Utilities Code in implementing the BETS.
7) Provide funding to the extent of 50 percent of the BETS total development
costs of $3.4 million.
8) Make its share of the funding of the total development costs available to
the COUNTY within 30 days from submittal of invoice by the COUNTY.
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9) Share ownership of the facility equally with the COUNTY.
10) Share operating and maintenance costs equally with the COUNTY for that portion
of the facility outside the SD b AE right-of-way. __
11) Share revenue from leases equally with the COUNTY. _
12) Provide management for operations and maintenance, and administration of leases.
SECTION 3
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED:
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I) That project management for facility implementation shall be the responsibility
of the COUNTY.
2) That the project manager -will supervise and manage the day-to-day operation
of all work associated with the implementation of the EFTS. This shall include
but not be limited to securing consultant services, preparation of documents,
designs, right-of-way acquisition, construction, liaison with other agencies,
etc. The above will be in conformance with the approval of the project steering
committee.
3) That project direction shall be accomplished with a project steering committee
(PSC) with one representative each from the COUNTY and CITY. The PSC shall
periodically review the progress of the project, and make policy determinations
r",4317-n7 WW1
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as necessary. The COUNTY's project manager and the CITY's project coordinator
will provide staff services to this committee. Each committee member will
act as liaison to his/her respective policy body.
4) That costs incurred as a result of "staff services" as used in this agreement
are those costs which are directly attributable to services required for project
management's preparation of environmental documents, design plans, specifi-
cations, bid documents, right-of-way acquisition, construction, and preliminary
operation.
5) That all total development costs will be supported by funds to be provided
equally by the COUNTY and the CITY. The COUNTY shall manage the payment of
•
all total development costs incurred by the CITY and the COUNTY. That COUNTY
funds shall be expended prior to expenditure of CITY funds. That reimbursement
of costs may be subject to review by the PSC. All particulars necessary for
evaluation of the necessity of incurring such costs shall be provided in a
request for reimbursement.
6) That the CITY and COUNTY will jointly seek MTDB agreement to operate and
maintain that portion of the facility outside the SD b AE right-of-way.
7) That in the event the project preparation or the facility implemented in this
agreement is abandoned for public use, the COUNTY and the CITY will be claimants
on recovering their investments from the project termination or facility abandon- _
went in proportion to the -amount of their respective investments. A
determination of abandonment or termination shall be agreed to by the PSC.
8) In the event of project termination or abandonment, the disposition of any
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property on which the facility will lie shall be in compliance with the terms
and conditions of the agencies from which the funds were received to implement
the BETS.
9) That the activities of project management shall include securing Ag. n s
from the transit operators to use the completed facility. All operator lea, ,
shall be awarded according to the law applicable to CITY.
10) That any published reports statements, or records, prepared by CITY, COUNTY,
or their subcontractors as part of the BFTS shall contain a credit sheet noting
the participation and assistance of all parties to this Agreement.
11) That this Agreement can be modified, altered, or revised with the written consent
of the parties hereto.
12) That CITY and COUNTY shall maintain full and accurate copies of records of
costs expended with respect to all matters covered by this Agreement. All
such materials and data shall be kept available at their respective offices
at all reasonable times, and for four (4) years from the date of final payment.
The original record of costs shall be forwarded to the COUNTY. The COUNTY
will be responsible for the overall or original set of records for the entire
project. COUNTY shall keep records for four (4) years from the date of final
payment for inspection and/or audit by the STATE, CITY, COUNTY, MTDB, or any
authorized representative thereof.
13) That all financial , statistical, technical or other data and information relating
to the operations of CITY or COUNTY, which is designated confidential by them
and made available to another member of this Agreement in order to carry out
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'this Agreement, will be protected by these members from unauthorized use and
disclosure through the observance of the same or more effective procedural
requirements that are applicable to the originating member. The identification
of all such confidential data and information, as well as the agency's procedural
requirements for protection of such data and information from unauthorized
use and disclosure will be provided in writing by the agency to the other
members. The COUNTY or CITY shall not, however, be required to keep confidential
any data or information which is or becomes publicly available, is already
rightfully in the organization's possession, is independently developed by
the organization, or is rightfully obtained from third parties properly
authorized to possess such data.
14) It is agreed that each agency participating in this Agreement shall indemnify
and hold harmless each other participating agency from all demands, actions,
liability or loss which may arise, from or be incurred as the result of injury
or damage to persons or property in connection with the performance of this
Agreement.
15) That requirements for all contracts shall be determined cooperatively. to
contract shall be let or awarded without review or approval by the project
steering committee, however, actual letting of contracts shall be the responsi-
bility of the COUNTY.
16) Patent Rights: That parties to this Agreement hereby mutually agree that,
if patentable discoveries or inventions should result from work herein, all
rights accruing from such discoveries or inventions shall be shared equally
by the CITY and the COUNTY. However, CITY and COUNTY agree to and do hereby
grant to all state and local transportation departments, and all participants,
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and the United States Government, an irrevocable, nonexclusive, nontransferable,
and royalty-free license to practice each invention in the manufacture, use
and disposition--according to law--of any article or material , and in the use
of any method that may be developed as part of the work under this contract.
17) That in connection with the carrying out of this Agreement, CITY and COUNTY
shall not descriminate against any employee or applicant for employment because
of race, creed, sex, or national origin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer; •
recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including appren-
ticeship.
The applicalle provisions of Executive Order 11246, relating to Equal Employment
Opportunity by this reference are incorporated herein and made a -part- hereof.
Wherever the word *contractor" appears in said Executive Order, it shall mean
CITY or COUNTY, or their agents.
CITY OF CH VISTA (-4x COUNTY OF SAN DIEGO
BY � "/
��y BY (4;;;-.7"4),— fT'.
Ass't. Clerk , Board of Supervisors
Attest: r'1y7t 921 _ F3F.,LET D. MALT. County Clerk
. City Cler Attest
•
Deputy of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FO ND GALL
BY _ - r 1-�!. -
8Y G 'L
ODroved and/Jr authorized by the Board
'Supervisor!.ct the Count.,of San Dean
MAY 29 1984. L3 *
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CITY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
April 23, 1986
Mr. Steve Ron
Transit Operations Section (0386 )
County of San Diego
Department of Public Works
5555 Overland Avenue
San Diego, CA 92123
Dear Mr. Ron:
Enclosed you will find the original and two signed
original copies of Resolution No. 12437 passed at the City
Council meeting of April 15, 1986.
Mr . Gustafson explained to me that as soon as you get the
necessary signatures from the County on the documents you
will forward the original copy to the County Recorder for
recordation and they will mail it back when recorded . As I
understand the situation, the second original is to be sent
back to my office for filing.
Thank you for your assistance.
Sincerely,
a-6' it" /61-17 '
Alice Kemp
City Clerk ' s Office
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Enclosure
. : _r
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041