HomeMy WebLinkAboutAgenda Packet 2002/04/23 CITY COUNCIL AGENDA
April 23, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI1Y OF
CHUIA VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
April 23, 2002 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE: SALVADOR SAUCEDO - CIVIL SERVICE COMMISSION
BOB STRAHL - PARKS AND RECREATION COMMISSION
· PRESENTATION BY SANDAG EXECUTIVE DIRECTOR GARY GALLEGOS ON
SAN DIEGO REGIONAL AGENCY
CONSENT CALENDAR
(Items 1 through 7)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak"form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
afier Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation from Robert Villarreal, member of the Economic
Development Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post immediately according to Maddy Act requirements.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY
DISTRICT REGULATIONS, SECTIONS II.3.3.4, AND 11.3.3.5, TO CHANGE THE
RP-1 AND RP-2 REQUIRED BUILDING SETBACKS, AND MODIFY THE
ALLOWABLE ACCESSORY STRUCTURE WIDTH WITHIN THE FRONT
SETBACK (SECOND READING AND ADOPTION)
Adoption of the ordinance amends the provisions for property development standards and
accessory structures of the Eastlake III planned community district regulations to allow
more flexibility in the architectural design of residential products within the Woods and
Vistas neighborhoods. (Director of Plarming and Building)
Staffrecommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS WITH LAW CRANDALL, A DIVISION OF LAW
ENGINEERING AND ENVIRONMENTAL SERVICES, INC., AND TESTING
ENGINEERS-SAN DIEGO, INC., FOR MATERIALS TESTING, GEOTECHNICAL,
AND STORM WATER CONSULTING SERVICES, REQUIRED FOR VARIOUS
CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THEIR DESIGN
AND CONSTRUCTION PHASES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
To assure that the City continues to obtain quality improvements, materials testing, geo-
technical engineering, and specialty inspection services are needed for projects built with
both public and private funds. Staff has completed the request for proposals and
consultant selection processes for these services and has negotiated proposed contracts
with Law Crandall and Testing Engineers-San Diego, Inc., for the period from April 1,
2002 to December 31, 2003, with options to extend the agreements for two additional
years. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO.
PE-520 FOR THE INSTALLATION OF TWO PRIVATE ELECTRICAL CONDUITS
FOR THE GOODRICH AEROSTRUCTURES GROUP LOCATED WITHIN "G"
STREET RIGHT-OF-WAY
Goodrich Aerostructures Group, also known as Goodrich, is proposing to construct two
permanent, six-inch, private electrical conduits within the "G" Street right-of-way. This
portion of the "G" Street right-of-way was granted for public street purposes on Map No.
166, filed with the County Recorder on October 11, 1916. According to Section 12.28 of
the Municipal Code, any permanent private utilities, such as private electrical conduits,
built within the right-of-way or City easements, require City Council approval of an
encroachment permit. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, TO PROVIDE SECTIONS 21624, 21626, AND 21628 (POST-RETIREMENT
SURVIVOR ALLOWANCE) FOR LOCAL MISCELLANEOUS MEMBERS AND
SECTION 21362.2 (3% ~ 50 FULL FORMULA) FOR LOCAL FIRE MEMBERS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE INTENTION TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CHULA VISTA, TO PROVIDE SECTIONS 21624,
21626, AND 21628 (POST RETIREMENT SURVIVOR ALLOWANCE) FOR LOCAL
MISCELLANEOUS MEMBERS AND SECTION 21362.2 (3% ~ 50 FULL
FORMULA) FOR LOCAL FIRE MEMBERS
Page 2 - Council Agenda 04/23/02
Existing labor agreements with all miscellaneous employees and the International
Association of Fire Fighters - Local 2180 contain provisions for enhancements to their
retirement benefits to be effective July 1, 2002. These actions are required to amend the
City's contract with CalPERS to provide these benefits. (Director of Human Resources)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, DAVID EVANS AND ASSOCIATES, 1NC. (CONSULTANT), AND BELLA
LAGO, LLC (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE BELLA
LAGO TENTATIVE TRACT MAP AND PRECISE PLAN, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The applicant, Bella Lago, LLC, has filed a tentative tract map and precise plan
application for the Bella Lago subdivision. The Environmental Review Coordinator has
determined that the proposed project requires the preparation of an environmental impact
report. Adoption of the resolution approves a contract with David Evans and Associates,
for an amount not to exceed $126,782, to provide consultant services for the preparation
of the CEQA required environmental documents for the proposed project, and an
additional $31,696 for additional services, should they be necessary. (Director of
Planning and Building)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE APPLICATION FOR LOCAL ASSISTANCE FUNDS FROM THE
MURRAY-HAYDEN PROGRAM, UNDER THE SAFE NEIGHBORHOOD PARKS,
CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF
2000, AND AUTHORIZING THE COMMITMENT OF 30 PERCENT LOCAL
MATCHING FUNDS, AND AMENDING THE FISCAL YEAR 2003 ADOPTED
SPENDING PLAN AND THE CAPITAL IMPROVEMENT PROGRAM (CIP)
BUDGET TO CREATE OTAY PARK RENOVATION CIP PROJECT, AND
TRANSFER $381,571 IN RESIDENTIAL CONSTRUCTION TAX FUNDING FROM
DR134, TO FUND THE CITY'S MATCH (4/5THS VOTE REQUIRED)
Competitive grant funds are available from the State of California, Department of Parks
and Recreation, in the amount of $1,203,246, in combination with $515,677 in local
matching funds that would be required for renovation of Otay Park, located at 1613
Albany Ave. (Director of Parks and Recreation)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 3 - Council Agenda 04/23/02
PUBLIC HEARINGS
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak on any item, please fill out a "Request to
Speak"form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
8. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING
CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF)
TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA
On March 26, 2002, Council approved Urgency Ordinance No. 2855-A, which is
effective for thirty days only, amending Chapter 3.50 of the Chula Vista Municipal Code
to increase Public Facilities Development Impact Fees from $2,618 to $4,888 per
equivalent dwelling unit. The Urgency Ordinance contained other minor amendments to
Municipal Code Chapter 3.50, as detailed in "Public Facilities DIF, 2002 Update", and as
presented to Council at the regular meeting on March 26, 2002. Adoption of the
proposed Urgency Ordinance 2855-B enables thc City to continue to collect the updated
fees during the 60-day waiting period before Ordinance 2855 becomes effective.
(Director of Budget and Analysis)
Staff recommendation: Council conduct the public hearing and adopt the following
urgency ordinance:
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN
AREA BOUNDARY
9. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY ON
ASSESSOR'S PARCEL NUMBER 622-102-18 FOR THE CONSTRUCTION OF
PHASE II OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT
SW-219)
Phase II of the Salt Creek gravity sewer interceptor project includes the installation of a
42-inch gravity sewer line that primarily parallels Main Street, between Industrial
Boulevard and West Frontage Road. A portion of this line will be installed beneath the
Interstate 5 fi'eeway using tunneling methods. During the last several months, the City
has attempted, with no success, to acquire the needed rights-of-way to begin construction.
Adoption of the resolution initiates eminent domain proceedings for the subject property
in the event that negotiations with the property owner proves unsuccessful. (Director of
Public Works)
Staff recommendation: Council conduct the public heating and adopt the following
resolution:
Page 4 - Council Agenda 04/23/02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC NECESSITY TO
ACQUIRE CERTAIN RIGHTS-OF-WAY ON ASSESSOR'S PARCEL
NUMBER (APN) 622-102-18 FOR THE CONSTRUCTION OF PHASE II OF
THE SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT SW-219),
AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHTS-OF-
WAY
10. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY ON 1187
TRENTON AVENUE, 1198 TRENTON AVENUE, 1100 INDUSTRIAL
BOULEVARD, 1196 INDUSTRIAL BOULEVARD, 765 TO 771 PALOMAR STREET,
781 PALOMAR STREET, 795 PALOMAR STREET, AND 1197 WALNUT AVENUE,
FOR THE CONSTRUCTION OF THE PALOMAR STREET IMPROVEMENTS,
FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD (PROJECT ST-922)
During the last several months, the City has attempted to acquire the needed fights-of-
way to begin improvements on Palomar Street. The owner of the property at 1197
Walnut Avenue is currently in the process of approving the City's offer documents. The
owners of the remaining properties have indicated their unwillingness to accept the City's
acquisition offer. Adoption of the resolution initiates eminent domain proceedings for all
of the affected properties in the event that negotiations with the property owners prove
unsuccessful. (Director of Public Works)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC NECESSITY TO
ACQUIRE CERTAIN RIGHTS-OF-WAY ON 1187 TRENTON AVENUE, 1198
TRENTON AVENUE, 1100 INDUSTRIAL BOULEVARD, 1196 INDUSTRIAL
BOULEVARD, 765 TO 771 PALOMAR STREET, 781 PALOMAR STREET,
795 PALOMAR STREET, AND 1197 WALNUT AVENUE, FOR THE
CONSTRUCTION OF THE PALOMAR STREET IMPROVEMENTS, FROM
INTERSTATE 5 TO INDUSTRIAL BOULEVARD (PROJECT ST-922); AND
AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHTS-OF-
WAY
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
Council will consider the items individually, and staff recommendations may, in
certain cases, be presented in the alternative. If you wish to speak on any item,
please fill out a "Request to Speak" form (available in the lobby.) and submit it to
the City Clerk prior to the meeting.
11. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL
YEAR 2002 BUDGET TO ADD TWO UNCLASSIFIED DEPUTY FIRE CHIEF
POSITIONS, ONE MID-MANAGEMENT FIRE MARSHAL POSITION, AND .75
Page 5 - Council Agenda 04/23/02
UNCLASSIFIED ADMINISTRATIVE SERVICES MANAGER POSITION; AND
REMOVE ONE ASSISTANT FIRE CHIEF POSITION AND ONE BATTALION
CHIEF POSITION; PURCHASE TWO VEHICLES AND ANCILLARY EQUIPMENT
IN ADDITION TO OTHER RELATED EQUIPMENT AND SERVICES, AND
APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED)
The proposed reorganization of the Fire Department establishes two divisions (Fire
Operations and Fire Administration) to be lead by Deputy Fire Chiefs. The new structure
enables the department to continue to provide responsive fire suppression and emergency
medical services, in addition to increasing fire administrative duties and responsibilities.
New housing and commercial development has prompted the need to add a Fire Marshal
to handle increased fire inspections and the development of fire prevention and disaster
preparedness programs. (Fire Chief)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002 BUDGET TO ADD TWO
UNCLASSIFIED DEPUTY FIRE CHIEF POSITIONS, ONE MID-
MANAGEMENT FIRE MARSHAL POSITION, AND .75 UNCLASSIFIED
ADMINISTRATIVE SERVICES MANAGER POSITION; REMOVE ONE
ASSISTANT FIRE CHIEF POSITION AND ONE BATTALION CHIEF
POSITION; PURCHASE TWO VEHICLES AND ANCILLARY EQUIPMENT
IN ADDITION TO OTHER RELATED EQUIPMENT AND SERVICES, AND
APPROPRIATING FUNDS THEREFOR
12. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE
PLANN1NG PROCESS FOR THE OTAY RANCH EASTERN URBAN CENTER
For the past several months, City staff has been meeting with the two property owners of
land designated as the Eastern Urban Center regarding the adopted Otay Ranch general
development plan. The McMillin Communities and Otay Land Company representatives
have been meeting with City staff to determine the schedule and planning process for
implementation of the Eastern Urban Center; and they have discussed issues that they
have regarding adopted polices. The results of these meetings are contained in the report.
(Director of Planning and Building)
Staff recommendation: Council accept the report.
13. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A DECISION
TO NOT EXTEND THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR
COMPOSTING SERVICES, AND APPROVING A FRANCHISE
IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE
USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER
In 1993, Pacific Waste Services began to collect source-separated green waste from
Chula Vista generators as part of the City's source reduction and recycling program. At
that time, Pacific Waste Services contracted directly with Organic Recycling West to
process and market the material collected in Chula Vista. In May 1997, the City entered
Page 6 - Council Agenda 04/23/02
into a 60-month agreement with Organic Recycling West, with two optional extension
terms of two years each. Pacific Waste has continued to deliver the City's green waste to
Organic Recycling West throughout the term of the agreement. The change to
"alternative daily cover" will stabilize the program for several years, produce modest
increases in diversion, and reduce costs for the City and Pacific Waste Services. (Special
Operations Manager)
Staffrecommendation: Cotmcil adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DECISION TO NOT EXTEND THE AGREEMENT WITH
ORGANIC RECYCLING WEST FOR COMPOSTING SERVICES, AND
APPROVING A FRANCHISE iMPLEMENTATION AGREEMENT WITH
PACIFIC WASTE SERVICES FOR THE USE OF GREEN WASTE AS
ALTERNATIVE DAILY COVER
ITEMS PULLED FROM TIlE CONSENT CALENDAR
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
15. MAYOR'S REPORTS
A. Ratification of appointment to the Board of Ethics - Jesse Navarro.
16. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of May 7, 2002, at 4:00 p.m. in the Cotmcil
Chambers.
Page 7 - Council Agenda 04/23/02
Robert Irillarreal
2257 Tall Pines Dr.
Chula F:sta, C,I 919!5
Charles Moore, Chair / ]~~ ]~L~/
Economic Development Commission
C, ity of Chula Vista L.~oUNCIL OF~FiCE~'~-'J
276 Fo~h Ave. - -~
Chula Vista, CA 91910
Dear Charles:
Il is with deep re~et that I submit my letter of resi~ation from the Economi~
Development Commission.
Over the last ye~ it has become app~ent that my schedule does not pe~it me to
volunteer the time necessary to do the job the City desexes ~d expects.
I am ~roud of my time on the Commission m~d the m~y accomplis~ents over the ye~s.
~ .h you continued success.
Cc: Honorable Shirley Horton, Mayor, City of Chula Vista
Cheryl Dye, Economic Development Manager, City of Chula Vista
San Diego County
Hispanic Chamber
of Commerce
ROBERT VILLARREAL
EXECUTIVE DIRECTOR
World Trade Center Building
1250 Sixth Avenue, Suite 550
San Diego, California 92101
(619) 702-0790
(Fax) 6%-3282
ORDINANCE NO
'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C~TA APPROVING
AMENDMENTS TO THE EASTLAKE III PLANNED~xq~.~x~h,R.D, IITY DISTRICT
REGULATIONS SECTIONS II.3.3.4, PROPERTY DE_V~k~I~MENT STANDARDS, AND
II.3.3.5, ACCESSORY STRUCTURES, TO CHANC~UTS[E RP-1 AND RP-2 REQUIRED
BUILDING SETBACKS AND MODIFY THE ALLOWABLE ACCESSORY STRUCTURE
WDTH WITHIN THE FRONT SETBACK.
I. RECITALS
A. Project Site
WHEREAS, the area of land which is subject matter of this Ordinance is
diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this
reference, and commonly known as EastLake III SPA, and for the purpose of general
description herein consists of approximately 748 acres located at the eastern end of the City's
jurisdictional boundaries ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on January 4, 2002, a duly verified application was filed with the City of
Chula Vista Planning Department by The EastLake Company, requesting approval of
amendments to the EastLake III Planned Community District Regulations Sections I1.3.3.4,
Property Development Standards, and 11.3.3.5, Accessory Structures to change the RP-1 and
RP-2 required building setbacks from a specific numerical setback to a variable setback
controlled by Site Plan and Architectural review under the Design Review process. Also, the
application requested a modification of the allowable accessory structures width within the
front setback to exceed one third of the building width with Site Plan and Architectural
Review or Design Review approval (Project); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
various entitlements, including: 1) a General Plan Amendment, General Development Plan
and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities
Financing Plan and Comprehensive Affordable Housing Plan previously approved by City
Council Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District
Regulations approved by Ordinance No. 2839 on July 24, 2001; and,
D. Environmental Determination
WHEREAS the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined
that the proposed project was previously covered under the EastLake III Final Subsequent
Environmental Impact Report (FSEIR#01-01), thus no further environmental review is
necessary; and,
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public heating on the
Project on March 27, 2002, and after staff presentation and public testimony, voted 7-0 to
recommend that the City Council approve the Project, in accordance with the findings listed
below; and,
F. City Council Record of Applications
WHEREAS, a duly called and noticed public heating on the Project was held before
the City Council of the City of Chula Vista on April 16, 2002, on the Project and to receive
the recommendations of the Planning Commission, and to hear public testimony with regard
to same; and,
WHEREAS, the city clerk set the time and place for a hearing on said Planned
Community District Regulations amendment application and notice of said hearing, together
with its purpose, was given by its publication in a newspaper of general circulation in the
City, and its mailing to property owners within 500 feet of the exterior boundary of the
project at least 10 days prior to the heating; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m. April 16, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council
and said hearing was thereafter closed; and,
WHEREAS the Enviromnental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined
that the proposed project was previously covered under the EastLake III Final Subsequent
Environn~ental Impact Report (FSEIR#01-01), thus no further environmental review is
necessary; and,
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and ordain as follows:
II PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public heating on this Project held on March 27, 2002, and the minutes and Resolution
resulting therefrom, are hereby incorporated into the record of this proceedings.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
proposed project was previously covered under the EastLake III Final Subsequent
Environmental Impact Report (FSEIR#01-01), thus no further environmental review is
necessary; and,
IV. FINDiNGS FOR PLANNED COMMUNITY DISTRICT REGULATIONS AMENDMENT
The City Council hereby finds that the proposed amendments to the EastLake HI Planned
Community District Regulations are consistent with the City of Chula Vista General Plan,
and will provide the necessary design flexibility to produce optimal site plan solution for
each lot based on lot size and shape, location, etc., and more attractive street scene; and that
public necessity, convenience, the general welfare and good zoning practice support the
amendment.
IV. APPROVAL
Based on the above, the City Council hereby approves the proposed amendments to the
EastLake III Planned Community District Regulations as depicted in Exhibits "B" and "C,"
attached hereto.
V. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this Ordinance shall be deemed
to be automatically revoked and of no further force and effect ab initio.
VI EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by Approved as to form by
Robert A. Leiter JohnC~'eny
Director of Planning and Building City Attorney
ROLLING HILLS
I~NCH
UPPER
EASTLAI~E EASTLAKE
OTAY
BUSINESS WOODS
RESERVOIR
CENTER I!
PROJECT
LOCATION
EASTLAKE EASTLAKE LOIVER
TRAILS VISq[)%S OTAY
RESERVOIR
EASTLAKE ~
GREENS ~
)LYMPIC
TRAINING
CENTER
EXHIBIT A
RESIDENTIAL DI STRlCl-S
Table E
PROPERTY DEVELOPI~'IENT STANDARDS - RS & RP RESIDENTIAl, DISTRICTS
DEVELOPMENT STANDARD ZONING DISTRICT
RSI I RS2 ] RPI I RP2
Lot Criteria:
Minimum lot area (square feet) 6,000 5,04~ 4,200 3,150
Maximum lot coverage (%) 50 50 50 50
Minimum lot depth (feet) 104) 100 90 ?0
Minimum Iol widlh (feet):
measured at property line 3 60 50 42 45
flag lot street frontage 20 20 SP SP
-knuckle or cul de sac street frontal3e ~ 25 25 SP SP
Yards and setbacks:*
Minimum front yard selback:
to direct entry garage 20 20 ta3n~SP 19V, S~P
to side cmry garage 15 15 ~5-SP t-5--SP
to main residence I5 15 13-SP 15 'SP
Minimum side yar I setback (feet) 2
Io adjacent msidcnlial lot 5/10 5/10 ....... SP .... ,, SP
distance beer, CCh detached units 10 10 10 SP I 0 SP
lo adjacent rcsidenlial street (coiner Jol) JO J0 I0 ~P --31~ S~P
Minimum rear yard setback (feel)t 3: 20 15 15 SP 15 SP
Building heighl (slories/feel):
main buihfing ?/28 2/28 2/28 2/28
accessory building 1/15 1/15 1/15 1/15
Parki;,rg:
minimum on-sile spaces (minimum in garage) 2(2) 2(2) 2(2) 2(2)
minimum on-sl~eel spaces I I I I
maximum driveway width al curb (feel) 24 24 16 5 16.5
Side and ~ear yard selbat ks for accessory buildings (Refer to Section II 3 3 5).
Addilional Notes
*Refer lo Seclion II 3 3 4F fo~ special selbacks for Scenic Highwa>s
EXHIBIT B
PCDIsIRIC ~E¢ qAHONS
113 17
11.3.3.5 Accessory Buildings and Uses
Refer to Exhibits PC-2a-k and PC-3 for setbacks and standards for RL1 District, Parcel WR-1.
Accessory uses and accessory structures that are subordinate to and customarily appurtenant to a
permitted use are allowed in accordance with the Permitted Land Use Matrices herein. Accessory
buildings and structures, attached or detached, used for living purposes, shall meet all of the
requirements for location of the main structure as constructed or required by the district, whichever
is less restrictive, except as herein provided.
A. Enclosed accessory buildings or open structures attached to the main building are
subject to approval by the Site Plan and Architectural Review. Such accessory
buildings shall not be allowed to encroach into required setbacks, unless permitted by
special provisions herein.
B. Detached accessory structures are subject to the approval of Site Plan and
Architectural Review and shall meet the front yard setback requirements of the main
building. Detached accessory structures may be located within an interior side yard
or rear yard, provided that such a structure is located no closer than five feet to an
interior side or rear lot line and is at least six feet from the main structure, and does
not exceed one story in height.
C. Porches, steps and architectural features such as, eves, awnings, chimneys, balconies,
stair~vays, wing walls, or bay windows may not project more than four feet into any
required front or rear yard area, and not into any required s~de yard setback (p ...... d
.... j ........... a ...... more than one-half of smd setback. The width ora porch
shall not exceed a distance equal to one-third of the building width, except as may be
approved through the applicable Site Plan and Architectural Review or Design_
Review process. Said porch encroachment shall remain completely open on three
sides (or two sides if abutting a structure). No screen or other materials shall be used
which have the effect of enclosing the porch structure.
EXHIBIT C
COUNCIL AGENDA STATEMENT
Item
Meeting Date 4/23/02
ITEM TITLE: Resolution Approving Agreements Between (a) the City
of Chula Vista and Law Crandall, a Division of LAW Engineering and
Environmental Services, Inc. and (b) the City of Chula Vista and Testing
Engineers-San Diego, Inc. for Materials Testing, Geotechnical, and Storm
Water Consulting Services Required for Various Capital Improvement
Program (CIP) Projects during their Design and Construction Phases and
Authorizing the Mayor to Execute Said Agreements on Behalf of the City
SUBMITTED BY: Director of Public Works~/Aff/'/
REVIEWED BY: City Manager (4/5tbs Vote: Yes No X )
The construction of public works infrastructure improvements and buildings requires the use of
quality materials and construction methods to assure longevity and usefulness. To assure that the
City continues to obtain quality improvements, materials testing, geotechnical engineering, and
specialty inspection services are needed for projects built with both public and private funds. Staff
has completed the Request for Proposal (RFP) and consultant selection processes for this services
and has negotiated proposed contracts with Law Crandall and Testing Engineers-San Diego, Inc.
(Attachments B and C, respectively) to provide material testing (including specialty inspection),
geoteclmical, and storm water consulting services from April 1, 2002 to December 31, 2003, with
options to extend the agreements for two additional years.
RECOMMENDATION: That Council approve the Resolution Approving the Agreements
Between (a) the City of Chula Vista and Law Crandall, a Division of LAW Engineering and
Environmental Services, Inc. and (b) the City of Chula Vista and Testing Engineers-San Diego,
Inc. for Materials Testing, Geotechnical, and Storm Water Consulting Service and Authorizing the
Mayor to Execute Said Agreements on Behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The construction of public works infrastructure improvements requires the use of quality materials
and construction methods to assure their longevity and usefulness. In order to verify that materials
used in City projects meet the City's specifications, certifications are obtained from manufacturers
and material suppliers and supplemental testing is required on a project-by-project basis.
Geotechnical analysis is often required to aid in the design and construction processes and,
ultimately, to avoid costly construction changes due to unknown subsurface soil conditions.
Specialized inspection requiring ICBO certification is required by the Building Department for
various building components to assure proper construction methods and materials are utilized. In
Page 2, Item .~
Meeting Date 4/23/02
addition, recent changes in the Statewide NPDES General Permit for Storm Water Discharges
Associated with Construction Activities requires field sampling and laboratory testing of storm
water runoff for all regulated sites, including building and infrastructure sites.
The City does not have the staff or the equipment to perform this highly specialized testing,
engineering, and inspection work. In order to perform this work in-house, the City would be
required to purchase very expensive equipment and materials and would need to hire four to six
full-time personnel certified and qualified to perform highly-specialized building component
inspections, to operate a laboratory, and to perform field testing and sampling in a timely and
efficient manner. Further, the laboratory and field operations would have to be overseen at least
part-time by a Registered Professional Engineer with laboratory experience, who would also be
required to review, sign, and certify all test reports. Therefore, it is much more practical and
feasible to hire consultants on an as-needed basis. Staff recommends entering into agreements
with both Law Crandall and Testing Engineers based upon the large volume and scope of
upcoming City infrastructure and building projects. It should be noted that Law Crandall and
Testing Engineers can provide other professional services, such as specification review and
environmental engineering services, which are required from time-to-time by the City. The
services to be provided by Law Crandall and Testing Engineers have been obtained from various
consultants since about 1990 and have increased the City's ability to assure the use of quality
materials in its projects. Law Crandall has been under contract with the City for these services
since January 1999.
Consultant Selection Process
The procedures, as outlined in the City's Municipal Code for the selection of consultants, were
utilized by staff in the selection of Law Crandall and Testing Engineers. The Request for Proposal
(RFP) was sent to a City Bidder's List, and advertised in the Star News and San Diego Union-
Tribune newspapers. Eleven responses to the RFP were received from the following consultants:
AMEC Earth & Environmental
American Geotechnical
Southern California Soil & Testing
Ninyo & Moore
Kleinfelder, Inc.
PETRA Geotechnical, Inc.
MTGL, Inc.
PSI
Law Crandall,lnc.
Testing Engineers - San Diego, Inc.
Geotechnics, Inc.
A Selection Committee was formed, comprised of the following City Public Works/Engineering
personnel (including Capital Building Projects personnel):
Page 3, Item ~
Meeting Date 4/23/02
Kirk Ammerman, Senior Civil Engineer
Marty Phillips, Civil Engineer
James Biasi, Senior Public Works Inspector
Heidi Holmes, Building Projects Supervisor
Greg Tscherch, Assistant Civil Engineer
The committee evaluated and rated the proposals, and narrowed them to the most qualified
proponents who best responded to, and met the criteria outlined in, the RFP. Four of the firms
were "short-listed" for oral interviews. The following are the results of the Selection Committee's
analysis in final rank order:
Consultant Rank
Testing Engineers-San Diego, Inc. 1
Law Crandall 2
Southern California Soil & Testing 3
Kleinfelder, Inc. 4
The Selection Committee made its rankings using the following criteria (no particular order):
1. Quality of Proposal and Responsiveness to the RFP
2. Professional Diversity and Overall Experience of Staff
3. Professional Reputation
4. Public Sector Experience
5. Oral Presentation
6. Interview Question Responses
At the conclusion of the process, Testing Engineers and Law Crandall ranked the highest because
of ability to provide all of the services requested in a timely manner and because of the quality and
depth of their professional and technical staffs. The City has used both consultants for similar
services in the past and has been satisfied with their work.
Agreement - Scope of Services/Fees/Term
The services to be provided include job site materials testing, specialty inspections, material source
inspections, and storm water runoff sampling and analysis. The extent of these services will be
determined on a project-by-project basis and will cover public projects and, on occasion, private
projects in which the results of laboratory tests submitted by developers and contractors must be
independently verified. The fees for these services will be based on standard schedules of fees.
Testing Engineers' and Law Crandall's overall personnel rates and materials testing fees are
Page 4, Item ~
Meeting Date 4/23/02
comparable for the majority of the services that will be required during the terms of the
agreements (please see Attachment A).
It should be noted that, for prevailing wage projects in which field inspection and testing personnel
must be paid federal or state prevailing wage rates, the agreements include a prevailing wage rate
"multiplier" for hourly rates. While Law Crandall's fees and Testing Engineers' fees are
comparable, Testing Engineers' overhead rates, which are applied to state or federally mandated
Prevailing Wage Rates, are lower than Law Crandall's similar overhead rates. The next prevailing
wage rates will be published June 15, 2002. In order to determine the overall fee to be applied to
prevailing wage rates at any time after June 15, 2002, the published federal or state fully-burdened
prevailing wage rate will be multiplied by said "multiplier" to determine the fee to be charged by
the consultant. Law Crandall's and Testing Engineers' multipliers are 2.04 and 1.66, respectively,
and include all overhead and profit. This provision was included in the agreements because the
prevailing wage rates are beyond the control of the consultants during the term of the agreements.
Awarding contracts to both firms will allow City staffto obtain the best budget proposals for large
projects such as the Police Facility. The Police Facility project requires a wide variety of specialty
inspection services, many of which will be required at the same time. If one inspector with
multiple ICBO specialty inspection cards is able to perform the same on-site services as two or
more specialty inspectors, then, regardless of hourly rates, the firm that can staff the work with
one multi-carded inspector will provide the needed services at a more efficient cost.
Staff estimates that during the initial term of the contract, each consultant will provide materials
testing and geotechnical engineering services on an intermittent basis at a cost not-to-exceed
$750,000. It is unlikely that both consultants will reach this level of total compensation.
However, given the amount of infrastructure and building construction that the City will undertake
in the next few years, it is possible that one of the consultant's total compensation may approach
this amount. However, since all services are provided on an on-call, as-needed basis, the total
compensation will be controlled by the actual services needed, as determined by the City's Project
Managers. It should be noted that materials testing and specialty inspection costs for the Police
Facility alone is estimated at about $250,000 or more.
In choosing either Testing Engineers or Law Crandall for a particular project, the City's Project
Manager will consider, among other things: expertise; cost-effectiveness; satisfactory completion
of prior/similar work; prevailing wage requirements; proposed staffing; professional (i.e.,
engineer, geologist, architect, etc.) support needs; and, ability to meet the City's specific
deadlines.
Each of the proposed agreements includes provisions for a two-year extension of the agreement
(January 1, 2004 to December 31, 2005) by mutual consent of both parties, which would include
the possible renegotiation of fees. If the consultants' work continues to be satisfactory and staffis
able to reach agreement with one or both of the consultants on terms for a proposed extension,
Page 5, Item ,~
Meeting Date 4/23/02
then staff will return to Council at the appropriate time in the future for approval to extend said
agreement for two additional years.
The proposed agreements (Attachments B and C) use the City's standard twoqparty agreement and
have been approved as to form by the City Attorney's office.
Environmental Impact
The Environmental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity is
not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
FISCAL IMPACT: The approval of this resolution would not authorize the expenditure of any
additional funds. All funding for the consultants' service will be from funds already allocated for
CIP projects. There will be no expense to the City's General Fund. It should be noted that Law
Crandall has been under contract to provide these on-call, as needed services to the City since
January 1999 and has received approximately $700,000 in total compensation to date. Testing
Engineers-San Diego has not done work for the City within the past twelve months.
Attachments: A. Law/Testing Engineers Fee Comparison
File No. KY-003
J: \Engineer\AGENDA\LAW_TESD. 113. kpa.doc 04/15/2002 7:38 PM
ATTACHMENT A
LAW/TESTING ENGINEERS FEE COMPARISON
TEST
PRIMARY TESTS LAW FEE TESD FEE
METHOD
ASTM C39 Compressive Strength - Concrete Cylinder (Set of Three) $ 42 $ 54
ASTM C117 Fine Sieve Analysis with 200 Wash $ 60 $ 60
ASTM C 136 Sieve Analysis of Fine and Coarse Aggregate $110 $110
ASTM D1557 Compaction Characteristics of Soil Using the Modified Proctor Method $130 $155
ASTM D2041 Maximum Specific Gravity and Density of Bituminous Paving Mixtures $135 $ 80
ASTM D2172 Extraction of Bitumen from Bituminous Paving Mixtures $175 $175
ASTM D2419 Sand Equivalent Value of Soils and Fine Aggregates $ 70 $ 70
ASTM D2726 Specific Gravity and Density of Compacted Bituminous Paving Mixtures $ 40 $ 50
ASTM D3910 Consistency Test and Wet Track Abrasion Test $300 $ 80
CA TEST 301 "R" Value of Soils by Stabilometer $160 $200
CA TEST 308 Specific Gravity and Weight of Compressed Bituminous Mixtures $ 40 $ 50
CA TEST 366 Stabilometer Value of Bituminous Mixtures $135 $150
$40.50/hr. $53/hr
CA TEST 375 In-Place Density and Relative Compaction of Asphalt Concrete Pavement
($70/hr. PW*) ($70/hr PW*)
CA TEST 379 Asphalt Content of Bituminous Mixtures $ 70 $175
CA TEST 540 Mixing, Storing, and Handling Concrete Compressive Strength $40.50/hr. $45/hr
Specimens in the Field ($70/hr. PW*) ($70/hr PW*)
ASTM C 131 Abrasion and Impact in the L. A. Machine $150 $150
ASTM C40 Organic Impurities in Fine Concrete Aggregates $ 42 $ 40
ASTM C42 Testing Drilled Concrete Cores (Compression Test Only, Set of Three) $110 $120
ASTM C78 Flexural Strength of Concrete $ 38 $ 40
ASTM C88 Soundness of Aggregates by Use of Sulfates $ 85 $ 70
CA TEST 211 Abrasion of Coarse ( 500 Revolutions)
Aggregate - L.A. Rattler (1,000 Revolutions) $235 $150
CA TEST 227 Evaluating Cleanness of Coarse Aggregates $ 70 $ 70
CA TEST 229 Test for Durability Index (1 Coarse/1 Fine) $155 $155
Water Sampling Technician (Storm Water) $52.20/hr $52/hr
($80/hr PW*) ($65/hr PW*)
EPA 405.1 Biological Oxygen Demand (BOD) $36.25 $40.25
Field Meter pH (water), Field $ 8.05 $17.25
EPA 150.1 pH (water), Lab $ 8.05 $16.00
Field Meter Total Dissolved Solids (TDS), Field $12.10 $16.10
EPA 160.1 Total Dissolved Solids (TDS), Lab $12.10 $15.00
Field Meter Conductivity, Field $12. i0 $ 9.20
EPA 120.1 Conductivity, Lab $12.10 $ 8.50
EPA 413.1 Oil and Grease $52.35 $80.50
* PW means Prevailing Wage Rate
Page C4 of 2
A TT A CHMENT A
LA W /TESTING ENGINEERS FEE COMPARISON
CATEGORY OF CONSULTANT EMPLOYEE LAW TESD
HOURLY HOURLY
RATE RATE
Staff Professional $ 78 $85
Staff Professional II $ 88 --
Project Professional $ 95 $100
Senior Professional $105 $115
Principal Professional $126 $125
Chief Engineer/Geologist $140 --
Building Construction Inspector
Registered Special Inspector $45/$80* $50/$65*
Materials Field Technician $45/$80* $53/$70*
Certified Welding Inspector $60/$80* $50 / $65*
Non-Destructive Testing Technician (Incl. Test Equipment) $49.50/$80* $70/$70*
Batch Plant Inspector $45/$80* $45 / $65*
Bolting Inspector $45/$80* $50/$65*
Roofing/Waterproofing Inspector (Incl. Test Equipment) $49.50/$80* $65 / $65*
Soils Field Technician $52.20 / $80* $53/$70*
Mechanical, Electrical, Plumbing Inspector* - DSA Classes I, II, II, and IV $45/$80* $68 / $68*
Coring Technician - Concrete, Asphalt (Includes Coring Equipment and Truck) $99/$99* $150/$150
Laboratory Technician (Materials, Geotechnical, Environmental) $65 $65 / $65*
Word Processor $49.50 $50/$50
CADD Operator (Includes Computer) $65 $60/$60
* PW means PrevaIling Wage Rate
J:IEngineerIINSPECTIRFPITest Fee Comparison.doc
Page C-2 of2
3
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS BETWEEN (A)
THE CITY OF CHULA VISTA AND LAW CRANDALL, A
DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL
SERVICES, INC., AND (B) THE CITY OF CHULA
VISTA AND TESTING ENGINEERS-SAN DIEGO, INC.
FOR MATERIALS TESTING, GEOTECHNICAL, AND STORM
WATER CONSULTING SERVICES REQUIRED FOR VARIOUS
CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS
DURING THEIR DESIGN AND CONSTRUCTION PHASES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS ON BEHALF OF THE CITY
WHEREAS, the construction of public works infrastructure
improvements and buildings requires the use of quality materials
and construction methods to assure longevity and usefulness; and
WHEREAS, to assure that the city continues to obtain
quality improvements, materials testing, and geotechnical
engineering, specialty inspection services are needed for projects
built with both public and private funds; and
WHEREAS, the procedures, as outlined in the city's Municipal
Code for the selection of consultants, were utilized by staff in
the selection of Law Crandall and Testing Engineers; and
WHEREAS, the Request for Proposal (RFP) was sent to a City
Bidder's List, and advertised in the Star News and San Diego union-
Tribune newspapers and eleven responses to the RFP were received;
and
WHEREAS, a Selection Committee was formed and evaluated and
rated the proposals, and narrowed them to the most qualified
proponents who best responded to, and met the criteria outlined in,
the RFP; and
WHEREAS, four of the firms were "short-listed" for oral
interviews and were thereafter placed in final rank order; and
WHEREAS, at the conclusion of the process, Testing Engineers
and Law Crandall ranked the highest because of ability to provide
1
3-&
all of the services requested in a timely manner and because of the
quality and depth of their professional and technical staffs; and
WHEREAS, the City has used both consultants for similar
services in the past and has been satisfied with their work; and
WHEREAS, staff has negotiated proposed contracts with Law
Crandall and Testing Engineers-San Diego, Inc. to provide material
testing (including specialty inspection), geotechnical, and storm
water consulting services from April 1, 2002 to December 31, 2003,
with options to extend the agreements for two additional years; and
WHEREAS, the Environmental Review Coordinator has
reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under section 15378 of the
State CEQA Guidelines; therefore, pursuant to Section 15060(c) (3)
of the State CEQA Guidelines the activity is not subject to CEQA,
thus, no environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Agreements with Law
Crandall, a Division of Law Engineering and Environmental Services,
Inc. and Testing Engineers-San Diego, Inc. for Materials Testing,
Geotechnical Services and Storm Water Consulting Services Required
for Various Capital Improvement Program (CIP) Projects during their
Design and Construction Phases, copies of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute said Agreements on
behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
J~~n~
city Attorney
J. \attorney\reeo\law crandall
2
3-'1
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(fa Jþ1 '~
~Ohn M. Kaheny
City Attorney
Dated:
¥- (1- "õ L-.
For Law Crandall, a Division of LAW Engineering
and Environmental Services, rnc.. for Materials
Testing, Geotechnical and Storm Water Consulting
Services
3-/0
,.
Parties and Recital Page(s}
Agreement between
City of Chula Vista
and
LAW Crandall, A Division of
LAW Engineering and Environmental Services, Inc.
for
Materials Testing, Geotechnical, and Storm Water Consulting Services
¡
'""'This agreement ("Agreement"), dated April 24, 2002 for the purposes of reference
only, and effective as ofthe date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultanr'), and is made with
reference to the following facts:
Recitals
Whereas, the City desires to have geotechnical services, construction material
testing, and storm water sampling and testing in conjunction with various capital
improvement projects in which it engages and in conjunction with specification compliance
on construction projects engaged in by various private parties which the City is required to
review; and,
Whereas, Consultant desires to perform these services for the City at the price and
terms herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 1
04/09/20028:13 PM
3-11
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled .
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicæoo does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction. .
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
. Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Agreement Between the City of Chura Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 2
04/09/20028:13 PM
". 3-/~
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurahce, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
E1{hibit A.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 3
04/09/20028:13 PM
3-/3
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credif'), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney Which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
-<
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attomey.
I.
Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 4
04/09/20028:13 PM
2-/'1-
f
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall speGifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to bè charged upon making such payment.
""'<
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 5
04/09/2002 8:13 PM
3-r!5
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure prpvisions, and shall report economic interests to the
City Clerk on the required Statemertt of Economic Interests in such reporting categories
as a!'fr"specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attomey.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a govemmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
, Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's, which may
result in a conflict of interest for the purpose of the Fair Political Practices Act"and
regulations promulgated thereunder.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 6
04/09/20028:13 PM
, 3-/~
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants ~nd represents that no promise of future
empleýment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless and Professional Indemnification
A. Hold Harmless
With respect to any liability, including but not limited to claims asserted or costs,
losses, attomey fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 7
04/09/20028:13 PM
3-/7
B. Indemnification for Professional Services
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attomeys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, eirors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees. I
",,'
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this.Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least fIVe (5) days before the effective date of
such termioation. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at '
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
. 3-/8
Page 8
04/09/20028:13 PM
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the pprtions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultahts identified thereat as "Permitted Subconsultants".
"'"
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private'
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 9
04/09/20028:13 PM
3-/1
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same. '
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attomey's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entiUed to ~ judgment against the other for an amount equal to
reasonable attomey's fees and coutt costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of Califomia or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
Agreement Between the City of Chura Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 10
04/09/20028:13 PM
E-~
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
¡
""Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 11
04/09/20028:13 PM
E-.:;/
Signature Page to
Agreement between City of Chula Vista
and
LAW Crandall, A Division of
LAW Engineering and Environmental Services, Inc.
for
Materials Testing, Geotechnical, and Storm Water Consulting Services
¡
"""'1N WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,200-
City of Chula Vista
by:
Shirley Horton. Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attomey
Dated:
LA~~
by:
Stephen rinigar, P.E.
Assistant Vice President
Exhibit List to Agreement
(X)
(X)
Exhibit A.
Exhibit B: LAW Crandall Standard Schedule of Fees
Agreement Between the City of Chura Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 12
04/09/20028:13 PM
". :3 - :);J..;
Exhibit A
to
Agreement between
City of Chula Vista
and
LAW Crandall, A Division of
LAW Engineering and Environmental Services, Inc.
for
¡
"'1fIIaterials Testing, Geotechnical, and Storm Water Consulting Services
1. Effective Date of Agreement: April 24, 2002
2. City-Related Entity:
(X)
City of Chura Vista, a municipal chartered corporation of the State of
California
()
Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of Califomia
()
Industrial Development Authority of the City of Chula Vista, a
()
Other:
business form]
, a [insert
("City")
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant: . LAW Crandall, A Division of LAW Engineering and Environmental
Services, Inc.
5.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 13
04/09/20028:13 PM
. 3-;)3
6.
Place of Business, Telephone and Fax Number of Consultant:
9177 Sky Park Court, Suite A
San Diego, Califomia 92123
Voice Phone (858) 278-3600
Fax Phone (858) 278-5300
7. General Duties: Consultant shall provide materials testing and geotechnical engineering
services at the direction and to the satisfaction of the City Engineer at construction sites
and facilities designated by the City,of Chula Vista.
I
""The Consultant is to provide:
E.
A.
Materials testing laboratory facilities staffed with personnel qualified to
perform sampling and testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and storm water, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in conformance with Chapter 16 of the CAL TRANS Local
Assistance Procedures Manual.
B.
Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C.
Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings and the Green Book. The City shall have the
right to make a determination as to the qualifications of individual personnel
and shall have the right to require substitution of non-qualified individuals
with qualified personnel.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sampling
requested by City.
D.
Services in response to the City's request at the times and locations as
determined by the City Engineer. The City shall make requests for services
with 24 hours notice.
Have a documented intemal laboratory QAP for all required laboratory
analyses and procedures. All reference standards, and equipment
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 14
04/09/20028:13 PM
". 3-;2'1
'"'"
F.
calibrations shall be traceable to the National Institute of Standards and
Technology.
Assure that all instruments and devices to be utilized in field and laboratory
analyses are properly maintained and calibrated in accordance with the
Consultant's OAP.
G.
Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records., Further, the Consultant shall maintain copies of all
records related to field and laboratory testing performed under the contract
for a minimum of five years from the date of the sample, measurement,
report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista.
H.
Billing forms and proCedures used shall be acceptable to the City.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I.
Materials, Soil, and Storm Water Testing
The Consultant shall perform the required materials, soils, and storm water
testing, sampling, and Inspection in accordance with test methods and standards
established by the American Society for Testing and Materials (ASTM), the State of
Califomia Department of Transportation (CaITrans), and the Environmental Protection
Agency (EPA). as specified by the City Engineer. The work shall be paid for on an hourly
and unit price per test basis, which shall include all costs such as testing, reports, report
review, storing of specimens, and fumishing test cylinders, as listed in the following fee
schedule:
TEST METHOD PRIMARY TESTS FEE
ASTM C117 Fine Sieve Analysis with 200 Wash $60
ASTM C136 Sieve Analysis of Fine and Coarse Aggregate $110
ASTM C39 Compressive Strength - Concrete Cylinder (Set of Three) $42
ASTM D1557 Compaction Characteristics of Soil Using the Modified $130
Proctor Method
ASTM D2041 Maximum Specific Gravity and Density of Bituminous $135
Paving Mixtures
ASTM D2172 Extraction of Bitumen from Bituminous Paving Mixtures $175
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 15
04/09/20028:13 PM
". 3-~5
TEST METHOD PRIMARY TESTS FEE
ASTM D2419 Sand Equivalent Value of Soils and Fine Aggregates $70
ASTM D2726 Specific Gravity and Density of Compacted Bituminous $40
Paving Mixtures
ASTM D3910 Consistency Test & Wet Track Abrasion Test $300
CA TEST 202 Sieve Analysis of Fine & Coarse Aggregates $110
CA TEST 216 Relative Compaction of Untreated and Treated Soils and $130
Aggregates i
CA,.;J:EST 217 Sand Equivalent $70
CA TEST 226 Moisture Content in Soils by Oven Drying $20
CA TEST 301 "R" Value of Soils by Stabilorneter $160
CA TEST 304 Preparation of Bi~uminous Mixtures for Testing $ 0
CA TEST 307 Moisture Vapor Susceptibility of Bituminous Mixtures $165
CA TEST 308 Specific Gravity and Weight of Compressed Bituminous $40
Mixtures
CA TEST 310 Asphalt and Moisture Contents of Bituminous Mixtures by $150
Hot Solvent Extraction (or Equivalent Methodology)
CA TEST 312 Design and Testing of Class "A" Cement Treated Base
(Complete CTB Design, including aggregate conformance $800
testing)
CA TEST 366 Stabilometer Value of Bituminous Mixtures $135
CA TEST 367 Recommending Optimum Bitumen Content (OBC) $50
CA TEST 375 In-Place Density and Relative Compaction of Asphalt $40.50 per
Concrete Pavement - Non-Prevailina Waae Rate hour
CA TEST 375 In-Place Density and Relative Compaction of Asphalt $70 per
Concrete Pavement - Prevailina Waøe Rate hour'
CA TEST 379 Asphalt Content of Bituminous Mixtures $ 70
CA TEST 521 Compressive Strength of Concrete Cylinders $14
CA TEST 540 Mixing, Storing, and Handling Concrete Compressive $40.50 per
Strength Specimens in the Field - Non-Prevailina Waae
Rate hour
CA TEST 540 Mixing, Storing, and Handling Concrete Compressive $70 per
Strength Specimens in the Field - Prevailina Waae Rate hour'
ASTM C131 Abrasion and Impact in the L. A. Machine $150
, ASTM C289 Potential Reactivity of Aggregate $575
ASTM C40 Organic Impurities in Fine Concrete Aggregates $42
ASTM C42 Testing Drilled Concrete Cores (Compression Testing and $110
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 16
04/09/20028:13 PM
3-;2!P
TEST METHOD PRIMARY TESTS FEE
Preparation of Specimens, Set of Three)
ASTM C78 Flexural Strength of Concrete $38
ASTM C88 Soundness of Aggregates by Use of Sulfates, Per Size $85
Fraction
ASTM 0422 Particle-Size Analysis of Soils $215
CA TEST 205 Percentage of Crushed Particles $110
CA",.TEST211 Abrasion of Coarse ( 500 Revolutions) $235
Aggregate - LA. Rattler (1,000 Revolutions)
CA TEST 213 Organic Impurities in Concrete Sand $42
CA TEST 214 Soundness of Aggregates by Sodium Sulfate, Per Size $85
Fraction
CA TEST 227 Evaluating Cleanness of Coarse Aggregates $70
CA TEST 229 Test for Durability Index (1 Fine/1 Coarse) $155
Concrete Cylinder Pick-up $ 50
CATEST311 Determination of Moisture in Soils, Mineral Aggregates, $200
and Bituminous Mixtures by Xylene Reflux (or Equivalent
Methodology)
EPA 405.1 or Biological Oxygen Demand (BOD) or cBOD $36.25
405.2
City-Approved pH (water), Field $ 8.05
EPA 150.1 pH (water). Lab $ 8.05
City-Approved Total Dissolved Solids (TDS), Field $12.10
EPA 160.1 Total Dissolved Solids (TDS), Lab $12.10
City-Approved Conductivity, Field $12.10
EPA 120.1 Conductivity, Lab $12.10
EPA Oil and Grease $52.35
413.1/55208
EPA 1664 Oil and Grease $52.35
Note: Personnel rates denoted with a ... are based upon a 2.04 multiplier of the fully~burdened
General Prevailing Wage Determinations as of the August 22, 2001 issue date and are valid until
June 15, 2002. After June 15, 2002, said personnel rates may change, but will be based upon
the Prevailing Wage Rate in effect when services are rendered multiplied by 2.04.
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects
during earthwork construction operations that the City Engineer determines are necessary
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 17
04/09/20028:13 PM
3 -;) 1
to meet finished grades shown on the plans and cross-sections. Consultant shall provide
geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. Consultant's services will be on an as-
needed basis. Payment shall be on an hourly and unit price per test basis for each City
project.
III. Storm Water Sampling
'"'" Consultant shall provide Storm Water Sampling services for City projects
during construction operations that are required to comply with the Statewide National
Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water
Discharges Associated withy Construction Activity. Consultant shall perform said sampling
and testing in accordance with the Storm Water Monitoring Plan developed for each project
and in accordance with Federal and State standards, procedures, and guidelines. Further,
Consultant shall monitor impending storm events seven days a week and be prepared to
obtained storm water samples within two hours of the start of any rain event which
produces, or is predicted to produce, runoff during daylight hours. Consultant services
will be on an as-needed basis. Payment shall be on an hourly and unit price per test basis
for each City project.
IV. Accounting and Billings
Consultant shall provide separate invoices for each City project identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel chargeslhours, equipment costs, etc. City shall be
billed within four (4) weeks of work performance.
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
Mr. David C. Wilson shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
project by the Consultant.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 18
04/09/20028:13 PM
". S-;)g
VI. Reports
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be faxed to a FAX number
as directed by the City as soon as final test results are available.
VII. Conflict of Interest
Consultant shall refrain from having clients who are doing work under permits
or contractual agreements with the bty of Chula Vista.
'"'"
IX. Work not listed in Schedule
If an occasion arises whereby the City requests work to be done which is not
listed in this schedule, the price/Cost of providing this work shall be negotiated in good faith
between the City and the Consultant. The negotiated price(s) shall not exceed the
Schedule of Charges labeled as Exhibit B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: December 31,2003. City has the
option to extend this agreement for up to two additional years (from January 1, 2004 to
December 31; 2005). Said extension shall be by mutual agreement between City and
Consultant. The City Contract Administrator shall give notice of election to extend this
agreement by sending notice by letter to Consultant not later than three months prior to
expiration of the term.
9. Insurance Requirements:
(X)
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
". 3-;J1
Page 19
04/09/20028:13 PM
(X)
( )
(X)
Commercial General Liàbility Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant: To be determined on a
project-by-project basis, mutually agreed to between City and Consultant.
j
11. Compensation:
'"""
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( )
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be retumed to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 20
04/09120028:13 PM
3-30
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
Phase
1.
",,°
2.
3.
( )
Fee for Said Phase
$
$
$
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be retumed to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 21
04109/20028:13 PM
. 2-3/
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1 )
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
required of Consultant¡for $ including all Materials, and
other "reimbursables" ("Maximum Compensation").
-
(2)
(X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time, materials, and
fees equal to $750,000 ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing
and approved by the City. Nothing herein shall preclude Consultant from
providing additional Services at Consultanfs own cost and expense.
Rate Schedule - Personnel
Staff Professional
Staff Professional II
Project Professional
Senior Professional
Principal Professional
Chief Engineer/Geologist!
Senior Construction/Senior Program Manager
Certified Industrial Hygienist
Senior Principal or Consultant
Corporate Consultant
Building Construction Inspector*
Registered Special Inspector
$ 78
$ 88
$ 95
$105
$126
$140
$130
$140
$180
$210
$ 78
$ 88
$ 95
$105
$126
$140
$130
$140
$180
$210
$ 45
$ 80"
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 22
04/09/20028:13 PM
3-3~
'"""
Materials Field Technician
Certified Welding Inspector
Non-Destructive Testing Technician (Incl.
Test Equipment)
Batch Plant Inspecto~
Bolting Inspector
Roofing/Waterproofing Inspector (Incl.
Test Equipment)
Soils Field Technician"
Includes soil foundation quality control
technician whose duties may include field
density tests of any type on soils and asphalt,
with the ability to determine if the density
complies with contract documents, code
requirements, or geotechnical report
requirements
Mechanical, Electrical, Plumbing Inspector"
DSA Classes I, II, II, and IV
Materials Field Technician (Incl. Test
Equipment)"
Senior Materials Field Technician (lncl. Test
Equip.)"
Coring Technician - Concrete, Asphalt
(Includes Coring Equipment and Truck)"
Field Exploration Engineer/GeologisU
Technician"
Laboratory Technician (Materials,
Geotechnical, Environmental)"
Senior Laboratory/Senior Field Technician
(Materials, Geotechnical, Environmental)"
Word Processor"
Draftsperson"
CADD Operator (Includes Computer)"
Accountant"
Project Administrator*
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
'3~33
$ 45 $ 80**
$ 45 $ 80**
$49.50 $ 80**
$52.20 $ 80**
$ 45 $ 80**
$ 65 $ 80**
$ 90 $ 90**
$ 99 $ 99**
$73.80 $73.80
$ 65 $ 65
$ 90 $ 90
$49.50 $49.50
$ 56 $ 56
$ 65 $ 65
$ 55 $ 55
$ 62 $ 62
Page 23
04/09/20028:13 PM
",,>
Project Stonn Water Scientist/Engineer
Senior Stonn Water Scientist/Engineer
Principal Stonn Water Scientist/Engineer
Water Sampling Technician'
$ 80"
Notes:
1) Time for all categories of employees will charged on a portal-to-portal
basis, with a two (2) hour minimum charge per call out
2) Employee Categories with an .,. will be charged at 1.5 times the above
hourly rates for over 8 hours worked and for work on Saturdays, Sundays,
and holidays, e1<cept that hours worked in excess of 12 hours will be
charged at 2.0 times the above hourly Prevailing Wage rates
3) The above quoted personnel rates denoted with .... are based upon a
1.98 multiplier of the fully-burdened General Prevailing Wage
Detenninations for Building/ Construction Inspectors and a 2.04 multiplier
for Water Sampling Technicians and for Field Soils and Material Testers
as of the August 22, 2001 issue date and are valid until June 15, 2002.
After June 15,2002, said personnel rates may change based upon the
Prevailing Wage Rate in effect when services are rendered, but will be
based upon the 1.98 multiplier for Building/Construction Inspectors and
the 2.04 multiplier for Water Sampling Technicians and Soils/Materials
Testers.
4 Mark-u for subcontractors and Ci -a roved direct cha es will be 15%
() Hourly rates may increase by 6% for services rendered after [month],
200_, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the perfonnance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
() Postage, not to exceed $_:
(X)
None, the compensation includes all costs, except City-approved
direct charges.
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 24
04/0912002 9:02 PM
". 3-3'-/
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $ .
(X) Other Actual Identifiable City-Approved Direct Costs:
Cost Plus 15%
13. Contract Administrators:
City:
Kirk Ammerman, Senior Civil Engineer
""1800 Maxwell Road
Chula Vista, CA 91911
Voice Phone:(619) 397-6121
FAX Phone: (619) 397-6254
Consultant:
Pete Campbell
Engineering Services Manager
9177 Sky Park Court, Suite A
San Diego, California 92123
Voice Phone (858) 278-3600
Fax Phone (858) 278-5300
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( )
( )
( )
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department. '
Agreement Between the City of Chula Vista and LAW Crandall'.
for Materials Testing and Geotechnical Consulting Services
Page 25
04/09/20028:13 PM
". 3-35
( )
( )
",,"
( )
Category No. 4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. 'Business positions.
( ) List .Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultanfs Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: Varies Project-by-Project
Agreement Between the City of Chula Vista and LAW Crandall
for Materials Testing and Geotechnical Consulting Services
Page 26
04109/20028:13 PM
3-3~
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this spaqe is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amounf' until the City
determines that the Retention Release Event, listed below, has occurred:
",,"
(X) Retention Percentage: 1 0%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other. Completion and Delivery of Final Reports to the
satisfaction of the City Engineer.
Agreement Between the City of Chula Vista and LAW Crandall .
for Materials Testing and Geotechnical Consulting Services
Page 27
04/09/20028:13 PM
3-67
BLANK PAGE
'3- 3j?
Exhibit B to Agreement between City of Chula Vista and LAW Crandall for
Material Testing, Geotechnical, and Storm Water Consulting Service5:r.. é.
LAW Crandall
LAwGlBB Group Member"'"
-,.
CONSfRucnON MATERIALS TESfING SERVICES - FEE SCHEDULE
crrv OF CHULA VISrA
THROUGH DECEMBER 31, 2003
CONCRETE
UNIT
~ÇE
Compression Test
""Core *(excluding samplepreparation), each ................................................................................ $ 27.00
Shotcrete panel core (3 cores per panel), per panel.................................. ......................................$225.00
Concrete Mix Design or Mix Review (excluding aggregate tests), each............................................... QuotéonRequest
*Sample Preparation................................................."""""""""""""""""""""""""""""""""""'.J,~,..oo
MASONRY
Compression Test ..
Block (8x8x16 or smaller), per 3 wút set....................................................................................$115.00
Mortar, 2x4 cylinder (UBC), each.......................................................................................::... $18.00
~~~t(~ ~i~'~):'~'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.: ~ ~:g: ,
Masonry Prism, Full Size (8xI6x16), (ASTM E447), each ..............................................................$140.00
Masonry Prism, Half Size (8xI6x8), (ASTM E447), each .............................................................;.$115.00
Confonnance Package ASTM C90 (including all testing and report, 6 wúts)...................................................:.$380..oo
AGGREGATE
Specific Gravity
Coarse Aggregate (ASTM CI27), each...................................................................................... $ 50.00 '
Fine Aggregate (ASTM CI28), each......................................................................................... $.65.00
Absorption- Coarse or Fine Aggregate, each............................................................................... $ 35.00
pH & Resistivity, each ....................................................................................................................... ~~5:<X)
ASPHALT CONCRETE
Stability Test - Marshall (ASTM D1559), ave 00, wút weight & flow, each ...................................................$175.00
Asphalt Concrete Mix Design or Mix Review, each.................................................................... Quoted On Request
Unit Weight Requiring Compaction (Marshall ASTM D1559), each .............................................................. $110.00
All wútary billing rates for laboratory testing includes the cost of labor. All wútary billing rates for non-Iaboratory tes1!I1g
(i.e., equipment use, etc.) do not include the cost oflabor.
Page B-1 of 5
3-89
June 2001
San Diego
Exhibit B to Agreement between City of Chula Vista and LAW Crandall for
Material Testing, Geotechnical, and Storm Water Consulting Services
LAW Crandall
LAWGIBB Group Member.£.
GEOTECHNICAL MATERIALS TFSl1NG UNIT RATES
CITY OF CHULAVISTA
THROUGH DECEMBER 31, 2003
¡
ShearTests~point)..........................................................................................................................$ 55
Consolidation Tests........,........................................................................................................................ $160
Moisture-Deosity ................................................................................................................................... $ 20
C.B.R. Tests {IDcludes Compaction Test)...................................................................................................... $425
Lime Treated CBR ................................................................................................................................. $475
R-Value (LiineTreated) ...................................................................,....................................................... $265
Mechanical Analyses -
Sieve Test.......................................................................... ...............................$75.00
Hydrometer Test.................................................................................................$65.00 """"" $120
Plasticity Index...........................................................................................................""""""""""""'" $105
Expansion Index (AS1M 4829) .................................................................................................................. $160
Specific Gravity..................................................................................................................................... $ 55
Unconfined Compression........................................................................................................""""""""" $105
Triaxial Tests -
Std. Test, undrained, unconsolidated............................................................................................ $250
Effective Stress Test ................................................................................................Quote on Request
Remolded Samples (Preparation)................................................................................................................. $ 55
CorosivityTests (Sulfate, Chloride, pH, min. resistivity) ................................................................................... $200
Pa¡ e 8:2 of 5
3*'10
My 2001
San Diego
Exhibit B to Agreement between City of Chula Vista and LAW Crandall for
Material Testing, Geotechnical, and Storm Water Consulting Services
LAW Crandall
LAWGIBB Group Member.6.
LABORATORY METAL SERVICFS - FEE SCHEDULE
CITY OF CHULA VISl'A
THROUGH DECEMBER 31, 2003
MlfCHANICAL TFSfING
Mechanical coapler Testing (Tensile, Yield, Slippage & Sample Preparation), each............................................... $ 100.00
Tensile Testing up to No. 11 Bar (ultimate strength only), each .........................................................................$ 50.00
Tensile Testing No. 14 Bar (ultimate strength only), each................................................................................$ 75.00
Tensile Testing No. 18 Bar (ultimate strength only), each................................................................................$ 90.00
Tensile Testing (ultimate strength only)
Flat Bar Reduced Section, eaçh ..........................................................................................................$ 70.00
Round Bar Reduced Section 0.505" Diameter, each..................................................................................$ 70.00
Round Bar Reducecd Section, sub-size, each ..........................................................................................$ 45.00
Yield Stength Testing (by extensometer), each .............. ............................................................................$ 45.00
Tensile, Pull Section Thhe, each..............................................................................................................$ 70.00
Bend Test, each..................................................................................................................................$ 35.00
Pillet Weld Break Test, each ..................................................................................................................$ 80.00
Charpy Impact: Ambient Temperature, per set of3 ......................................................................................$ 63.00
Charpy Impact: Amhient - 40oP, per set ..of3............................................................................................$ 95.00
Charpy Impact: - 41°P to -IOOoP ............................................................................................ Quoted Upon Request
Charpy Individual Specimens for Transition Curve........................................................................ Quoted Upon Request
Additioual Charge for Reporting Percent Shear, per set ..................................................................................$ 25.00
Additioual Charge for Reporting Mils Lateral Expansion, per set.......................................................................$ 25.00
Rockwell Hardness, per set of3 .......,......................................................................................................$ 35.00
Sample Preparation (as required) .............................................................................................................$ 25.00
Bearing Pad Te,sts ............................................................................................................... Quoted Upon Request
Special Tests ..................................................................................................................... Quoted Upon Request
UNIT
PRICE
MACHINING
Charpy Impact Specimens
Carbon Steel, per set of3..................................................................................................................$ 80.00
Carbon Steel, Sub-Size, per set of 3 .....................................................................................................$ 90.00
Other Materials, per set of3 ............................................................................................................. $ 100.00
Other Materials, Sub-Size. per set of 3 ................................................................................................. $ 110.00
Carbon Steel, Flat Bar Reduced Section, each..............................................................................................$ 50.00
Carbon Steel, Round Bar 0.505" Diameter, each ..........................................................................................$ 60.00
Carbon Steel, Round Bar Sub-Size, each ....................................................................................................$ 70.00
Other Materials, Flat Bar Reduced Section, each ..........................................................................................$ 70.00
Other Matèrials, Round Bar 0.505" Diameter, each.......................................................................................$ 70.00
Other Materials, Round Bar Sub-Size, each.................................................................................................$ 80.00
Macro Specimens
Carbon Steel, each......................................................................................................................... $
Other Materials, each......,............................ ................................................................................... $
General Machining Charge, per hour ....................................................................................................... $
120.00
150.00
100.00
PageB-30f5 3 - tf /
June 2001
San Diego
Exhibit B to Agreement between City of Chula Vista and LAW Crandall for
Material Testing, Geotechnical, and Storm Water Consulting Services
LAW Crandall
LAWGIBB Group Member.Â.
LABORATORY METAL SERVICES FEE SCHEDULE
(Continued)
mGH S'fRENGm DOLT TESTING
Hardness (Bolt...wasber, Nut), each...............................................................................................................$ 20.00
Bolt Assembly Standard Wedge, each.............................................................................................................$ 22.00
Bolt Proof testing, each ..............................................................................................................................$ 45.00
METALLURGICAL TESTING
Micro Etch (including mounting, polishing and etching)'.......................................................................................$ 75.00
Field Metallography &Rep1ica ProductioD. Test KiIB, per day ................................................................................$ 25.00
Photomacrograph or Photomicrograph from Prepared Macro or Micro Specimen, each .................................................$ 50.00
Additional Photographic Prints, each ..............................................................................................................$ 10.00
Portable Microscope, per day ..................................................................................................................... $ 100.00
Macro Etch, Etch, Weld Cross-Section or Parent Metal
Carbon Steel, each................................................................................................................................$ 50.00
Stainless Steel, each ..............................................................................................................................$ 60.00
Other Metals, each ...............................................................................................................................$ 75.00
Sample Preparation for Chemical Analysis .......................................................................................................$ 25.00
Chemistry ............................................................................................................................... Quote Upon Request
All unitary billing rates for laboratory testing includes the cost of labor. All unitary billing rates for non-laboratory testing (i.e.,
equipment use, etc.) do not include the cost of labor.
UNIT
PRICE
JWIe 2001
San Diego
Page 84 of 5
.3 - '-I J....
Exhibit B to Agreement between City of Chula Vista and LAW Crandall for
Material Testing, Geotechnical, and Storm Water Consulting Services
LAW Crandall
LAwGlBB Group Member"'"
ROOFING MATERIALS TESl'lNG UNIT RATES
CITY OF: CHULA VISTA
THROUGH DECEMBER 31, 2003
Dissection, including unit weight" plies, ÌDleIpIy ~ top bitumen, bottom bitumen, and [Average] 1oIaI membrane weight
With stone, aspha1tor coal tar (ASTM D2829). ..............................................................................................$375
Withoutskme .......................................................................................................................................$225
Separation of plies for documentation only (ASI'M D3617) ................................................................................$150
ABOVE PRICES DO NOT INCLUDE
Insulation weight or 1IIOÏ$ture.....................................................................................................................$ 30
Reducing sampleto 12" X 12" ......................,............................................................................................$ 30
Additional extraction due to oversized samples..................................................................;.............................$ 30
Separating & diagramming 40" roofing strip (lap sample) ..........................................................................................$100
(NOTE: Lap samples are I1D8UÎtable for dissection)
Moisture content of felts (ASIM D-95)................................................................................................................$ 50
Tensile strength orrell or shingle including cutting out coupon & curing at 140 degrees (0461).............................................$ 75
Unit weight of felt (AS'IM D461).......................................................................................................................$ 25
Hardness of aggregate (AS1M DI865).................................................................................................................$ 75
Moisture content of aggregate (ASTM DI864) .......................................................................................................$ 50
Gradation of aggregate (AS1M C136, DI864) .....................,.................................................................................$ 75
Dust on aggregate, wash 200 (ASTM CIl7, Dl863) ................................................................................................$ 50
Unit weight of aggregate (ASIM C-29, Dl863)......................................................................................................$ 50
Softening point of bitumen (AS1M D2319, D61, D36, D2398) ...........................................,.......................................$ 75
Diagramming roof cut (12" X 12")
Diagramming & documenting Condition of Interior of Samples ...................................................................................$ 50
Water vapor transmissionoffe1ts (ASI'M E96, C335) ..............................................................................................$400
Photographic documentation, interply defects and appearance, per photograph ................................................................. $ 5
Bitumen type - Coal Tar, Pitch, AspbaIt ...............................................................................................................$ 25
Felt type - Organic, Glass, Asbestos....................................................................................................................$ 25
Tile Break Strength [Per tile] (UBC 3242)...............:............................................................................................ $ 45
January 2001
San Diego
Page 8-5 of 5
3,J.fß
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(ß - ~~
~aheny
City Attorney
Dated:
J/- /1-' ó L
For Testing Engineers-San Diego, Inc. for
Materials Testing, Geotechnical and Storm
Water Consulting Services
3-Lf~
Parties and Recital Page(s)
Agre~ment between
City of Chula Vista
and
Testing Engineers-8an Diego, Inc.
for
Materials Testing, Geotechnical, and Storm Water Consulting Services
This agreement ("Agreement"), dated April 24, 2002 for the purposes of reference
only, end effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, the City desires to have geotechnical services, construction material
testing, and storm water sampling and testing in conjunction with various capital
improvement projects in which it engages and in conjunction with specification compliance
on construction projects engaged in by various private parties which the City is required to
review; and,
Whereas, Consultant desires to perform these services for the City at the price and
terms herein specified; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 1
04/09/20029:31 PM
. 3~¥5
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
",,"
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 2
04/0912002 9;31 PM
3-L/þ
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the.amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is pñmary to any policy which the
City may otherwise carry ("Pñmary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurahce, in the amount set forth in Exhibit A, Paragraph
9, uAlEtss Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days wñtten notice to the Additional
Insured.
(2) Policy Endorsements Required
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Secuñty for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
ConSultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 3
04/0912002 9:31 PM
3- t./1
.'
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attomey Y{hich amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
.,.-'
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attomey.
I.
Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. .In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
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'3-L/ g
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a .checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to bè charged upon making such payment.
"""
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the til1J,e specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
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". 3-Ljq
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Stateme~t of Economic Interests in such reporting categories
as are"specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attomey.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a govemmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultanfs economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
, Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attomey of City if Consultant leams of an economic interest of Consultant's, which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
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-3.50
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interesr), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants ;:tnd represents that no promise of future
empleýment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless and Professional Indemnification
A. Hold Harmless
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultanfs
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement. '
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
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B. Indemnification for Professional Services
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers ,and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willfu' misconduct of the City, its agents, officers and
employees. I
-'
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this- Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 8
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'3-5~
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the pprtions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultahts identified thereat as "Permitted Subconsultants".
",,"
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contràctor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 9
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-3-5'3
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attomey's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to ~ judgment against the other for an amount equal to
reasonable attomey's fees and coutt costs incurred. The .prevailing party" shall be
deemetf to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of Califomia or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with retum receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
-3-5,/
Page 10
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D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
i
-oo1:ach signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Goveming LawNenue
This Agreement shall be govemed by and construed in accordance with the laws
of the State of Califomia. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chura Vista.
, [end of page. next page is signature page.]
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 11
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-.2-:55
Signature Page to
Agreement between City of Chula Vista
and
Testing Engineers-8an Diego, Inc.
for
Materials Testing, Geotechnical, and Storm Water Consulting Services
IN WITNESS WHEREOF, city and Consultant have executed this Agreement
there¡,y indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,200-
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attomey
Dated:
Exhibit List to Agreement
(X)
(X)
Exhibit A.
Exhibit B: Testing Engineers-San Diego, Inc. 2002 Fee Schedule
Agreement Between the City of Chura Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 12
04/09/20029:31 PM
-.8-5(;
Exhibit A
to
Agreement between
City of Chula Vista
and
Testing Engineers-San Diego, Inc.
for
Materials Testing, Geotech~ical, and Storm Water Consulting Services
"""
1. Effective Date of Agreement: April 24, 2002
2. City-Related Entity:
(X)
City of Chula Vista, a municipal chartered corporation of the State of
Califomia
()
Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of Califomia
()
Industrial Development Authority of the City of Chula Vista, a
()
Other:
business form]
, a [insert
("City")
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant: Testing Engineers-San Diego, Inc.
5.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 13
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- 3-57
6.
Place of Business, Telephone and Fax Number of Consultant:
Testing Engineers-San Diego, Inc.
7895 Convoy Court, Suite 18
San Diego, California 92111
Voice Phone (858) 715-5800
Fax Phone (858) 715-5810
7. General Duties: Consultant shall provide materials testing and geotechnical
engineering services at the direction and to the satisfaction of the City Engineer at
construction sites and facilities designated by the City of Chula Vista.
"8'"
The Consultant is to provide:
A.
Materials testing laboratory facilities staffed with personnel qualified to
perforni sampling arid testing of portland cement concrete, soils, treated
soils, crushed aggregate base, bituminous materials, and storm water, as
required.
The materials testing laboratory must have a documented Quality Assurance
Program (QAP) in conformance with Chapter 16 of the CAL TRANS Local
Assistance Procedures Manual.
B.
Geotechnical/soil engineering services for City-funded projects during
earthwork construction operations, including geotechnical/soils engineering
observations during site preparation for placement of fill and construction of
sub-drainage systems.
C.
Personnel that are experienced in the testing of materials used in the
construction of public works facilities and familiar with the San Diego Area
Regional Standard Drawings and the Green Book. The City shall have the
right to make a determination as to the qualifications of individual personnel
and shall have the right to require substitution of non-qualified individuals
with qualified personnel.
The Consultant's QAP must include procedures and policies in which
personnel are certified to perform the materials testing and sqmpling
requested by City.
D.
Services in response to the City's request at the times and locations as
determined by the City Engineer. The City shall make requests for services
with 24 hours notice.
E.
Have a documented internal laboratory QAP for all required laboratory
analyses and procedures. All reference standards and equipment
Agreement Between the City of Chula Vista and Testing Engineets-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 14
04/09/20029:31 PM
. 3-:5 8'
-'
H.
F.
calibrations shall be traceable to the National Institute of Standards and
Technology.
Assure that all instruments and devices to be utilized in field and laboratory
analyses are property maintained and calibrated in accordance with the
Cónsultant's OAP. .
G.
Provide the City of Chula Vista with all original data, reports, records, etc. of
field and laboratory analyses, as well as certified copies of all calibration and
maintenance records., Further, the Consultant shall maintain copies of all
records related to field and laboratory testing performed under the contract
for a minimum of five years from the date of the sample, measurement,
report, etc. This period may be extended during the course of any
unresolved litigation or when requested by the City of Chula Vista.
Billing forms and procedures used shall be acceptable to the City.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I.
Materials, Soil, and Storm Water Testing
The Consultant shall perform the required materials, soils, and storm water
testing, sampling, and inspection in accordance with test methods and standards
established by the American Society for Testing and Materials (ASTM), the State of
Califomia Department of Transportation (CaITrans), and the Environmental Protection
Agency (EPA), as specified by the City Engineer. The work shall be paid for on an hourty
and unit price per test basis, which shall include all costs such as testing, reports, report
review, storing of specimens, and test cylinders, as listed in the following fee schedule:
TEST METHOD PRIMARY TESTS FEE
ASTM C117 Fine Sieve Analysis with 200 Wash $ 60
ASTM C136 Sieve Analysis of Fine and Coarse Aggregate $110
ASTM C39 Compressive Strength - Concrete Cylinder (Set of Three) $ 54
ASTM 01557 Compaction Characteristics of Soil Using the Modified $155
Proctor Method
ASTM 02041 Maximum Specific Gravity and Density of Bituminous $ 80
Paving Mixtures
ASTM 02172 Extraction of Bitumen from Bituminous Paving Mixtures $175
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Sf:!rvices
Page 15
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. 3.,S1
TEST METHOD PRIMARY TESTS FEE
ASTM 02419 Sand Equivalent Value of Soils and Fine Aggregates $70
ASTM 02726' Specific Gravity and Density of Compacted Bituminous $ 50
Paving Mixtures
ASTM 03910 Consistency Test & Wet Track Abrasion Test $ 80
CA TEST 202 Sieve Analysis of Fine & Coarse Aggregates $110
CA TEST 216 Relative Compaction of Untreated and Treated Soils and $155
Aggregates I
CA,JEST 217 Sand Equivalent $ 70
CA TEST 226 Moisture Content in Soils by Oven Drying $ 25
CA TEST 301 "R" Value of Soils by Stabilometer $200
CA TEST 304 Preparation of Bituminous Mixtures for Testing $ 0
CA TEST 307 Moisture Vapor Susceptibility of Bituminous Mixtures $115
CA TEST 308 Specific Gravity and Weight of Compressed Bituminous $ 50
Mixtures
CA TEST 310 Asphalt and Moisture Contents of Bituminous Mixtures by $175
Hot Solvent Extraction (or Equivalent Methodology)
CA TEST 312 Design and Testing of Class "A" Cement Treated Base
(Complete CTB Design, including aggregate conformance $435
testing)
CA TEST 366 StabiJometer Value of Bituminous Mixtures $150
CA TEST 375 In-Place Density and Relative Compaction of Asphalt Con- $53 per hour
crete Pavement (Incl. Density Gauge) - Non-Prevai/ina
CA TEST 375 In-Place Density and Relative Compaction of Asphalt $70 per
Concrete Pavement (Incl. Density Gauge) - Prevai//na hour"
CA TEST 382 Asphalt Content of Bituminous Mixtures by Ignition Oven $175
(ASTM 06307)
CA TEST 521 Compressive Strength of Concrete Cylinders $ 18
CA TEST 540 Mixing, Storing, and Handling Concrete Compressive $45 per hour
Strength Specimens in the Field - Non-Prevai/ina
CA TEST 540 Mixing, Storing, and Handling Concrete Compressive $65 per
Strength Specimens in the Field - Prevai/ina hour"
ASTM C131 Abrasion and Impact in the L. A. Machine $150
ASTM C40 Organic Impurities in Fine Concrete Aggregates $ 40
ASTM C42 Testing Drilled Concrete Cores (Compression Testing and $120
Preparation of Specimens, Set of Three)
ASTM C78 Flexural Strength of Concrete $ 40
Agreement Between the City of ChuJa Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 16
04/09/20029:31 PM
3 ~ (PO
TEST METHOD PRIMARY TESTS FEE
ASTM C88 Soundness of Aggregates by Use of Sulfates, Per Size $ 70
Fraction
ASTM D422 Particle-Size Analysis of Soils $190
CA TEST 205 Percentage of Crushed Particles $110
CA TEST 211 Abrasion of Coarse ( 500 Revolutions) $150
Aggregate - LA. Rattler (1,000 Revolutions)
CA TEST 213 Organic Impurities in Concrete Sand $ 40
C)Ip' "EST 214 Soundness of Aggregates by Sodium Sulfate, Per Size $ 70
Fraction
CA TEST 227 Evaluating Cleanness of Coarse Aggregates $ 70
CA TEST 229 Test for Durability Index (1 Fine/1 Coarse) $155
EPA405.10r Biological Oxygen Demand (BOD) $40.25
405.2
EPA405.1 or Biological Oxygen Demand (BOD Dissolved) $48.30
405.2
City-Approved pH (water), Field $17.25
EPA 150.1 pH (water). Lab $16.00
City-Approved Total Dissolved Solids (TDS), Field . $16.10
EPA 160.1 Total Dissolved Solids (TDS), Lab $15.00
City-Approved Conductivity, Field $9.20
EPA 120.1 Conductivity, Lab $8.50
EPA Oil and Grease $80.50
413.1/5520B
EPA 1664 Oil and Grease $46
Notes:
1) Personnel rates denoted with a ... are based upon a 1.66 multiplier of the fully-burdened
General Prevailing Wage Determinations as of the August 22, 2001 issue date ,and are valid
until June 15, 2002. After June 15, 2002, said personnel rates may change, but will be based
upon the Prevailing Wage Rate in effect when services are rendered multiplied by 1.66.
2) A preparation charge will be added to all samples submitted to the laboratory that are not
ready for testing. This preparation charge will be based on the actual time required and at the
laboratory technician's rate of $65.00 per hour. There will be a 50% premium charge for
'rush/priority" testing. Samples are discarded after testing unless requested otherwise in
writing by the client.
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 17
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. 3-.~/
II. Geotechnical Engineering
Consultant shall provide Geotechnical Engineering services for City projects
during earthwo~ construction operations that the City Engineer determines are necessary
to meet finished grades shown on the plans and cross-sections. Consultant shall provide
geotechnical engineering observation during site preparation for placement of fill and
construction of subdrains. Consultant shall make recommendations regarding the removal
of unsuitable material for fills and methods of compaction based on previous geotechnical
investigations and Consultant's observations. Consultant's services will be on an as-
needed basis. Payment shall be on an hourly and unit price per test basis for each City
projeet:
III. Storm Water Sampling
Consultant shall provide Storm Water Sampling services for City projects
during construction operations that are required to comply with the Statewide National
Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water
Discharges Associated withy Construction Activity. Consultant shall perform said sampling
and testing in accordance with the Storm Water Monitoring Plan developed for each project
and in accordance with Federal and State standards, procedures, and guidelines. Further,
Consultant shall monitor impending storm events seven days a week and be prepared to
obtained storm water samples within two hours of the start of any rain event which
produces, or is predicted to produce, runoff during daylight hours. Consultant services
will be on an as-needed bas.is. Payment shall be on an hourly and unit price pertest basis
for each City project.
IV. Accounting and Billings
Consultant shall provide separate invoices for each City project identified.
Every invoice will list all work performed on project. Invoice shall show total amount billed
to date for project, payments received, and amount due. All work elements shall be
itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. City shall be
billed within four (4) weeks of work performance.
The Consultant shall forfeit and will not receive payment for work performed and billed to
City more than sixty (60) calendar days after performance of work.
V. Personnel
Mr. Larry Clark, P.E. shall serve as Project Manager and single point of
contact for the City. The City shall reserve the right of refusing personnel assigned to a
project by the Consultant.
Agreement Between the City of Chura Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting S~rvices
Page 18
04/09/20029:31 PM
- 3- &,;;-
VI. Reports
Consultant shall provide City with written reports on test results within 3-
working days after completion of test results. Test results are to be faxed to FAX number
directed by the City as soon as final test results are available.
VII. Conflict of Interest
Consultant shall refrail( from having clients who are doing work under permits
or contractual agreements with the Ijity of Chula Vista.
."
IX. Work not listed in Schedule
If an occasion arises whereby the City requests work to be done which is not
listed in this schedule, the price/cost of providing this work shall be negotiated in good faith
between the City and the Consultant. The negotiated price(s) shall not exceed the
Schedule of Charges labeled as Exhibit B to this agreement between the City and
Consultant.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: December 31,2003. City has the
option to extend this agreement for up to two additional years (from January 1, 2004 to
December 31, 2005). Said extension shall be by mutual agreement between City and
Consultant. The City Contract Administrator shall give notice of election to extend this
agreement by sending notice by letter to Consultant not later than three months prior to
expiration of the term.
9. Insurance Requirements:
(X)
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Agreement Between the City of Chula Vista and Testing Engineefs-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 19
04109/20029:31 PM
- 3 - 109
(X)
( )
(X)
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant: To be determined on a
project-by-project basis, mutually agreed to between City and Consultant.
11. Compensation:
",,"
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( )
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be retumed to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 20
04/09/20029:31 PM
. 3-~'I
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
Phase
",,"
1.
2.
3.
( )
Fee for Said Phase
$
$
$
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be retumed to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase. the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 21
04/09/20029:31 PM
3-~6
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1 )
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
required of Consultant&for $ including all Materials, and
other "reimbursables" (Maximum Compensation").
""~
(X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time, materials, and
fees equal to $750,000 ("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing
and approved by the City. Nothing herein shall preclude Consultant from
providing additional Services at Consultanfs own cost and expense.
Rate Schedule - Personnel
(2)
Principal Engineer 1 Geologist $125 $125
Senior Engineer 1 Geologist 1 Architect $115 $115
Project Engineer 1 Geologist 1 Architect $100 $100
Environmental Consultant 1 $100 $100
Reg. Environmental Assessor
Staff Engineer 1 Geologist 1 Architect $ 85 $ 85
Inspection Services and Quality Control
Pile Driving 1 Deep Foundations Inspector' $ 65 $ 65'
Registered Special Inspector (Concretel $ 50 $ 65'
Prestressed Concrete/Structural SteeU
Fireproofing)
Roofing 1 Waterproofing Inspector $ 65 $ 65'
Concrete Technician (ACI) $ 45 $ 65'
Batch Plant Inspector $ 45 $ 65'
Non-Destructive Testing Inspector (Ultra- $ 70 $ 70'
sonic/Magnetic Particle/Dye Penetrant,
Incl. $5/hour Equipment Charge)
Agreement Between the City of Chula Vista and Testing Enginærs-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 22
04/09/20029:31 PM
- 3 - (p~
Senior Soil Technician (Incl. $5/hour Mobile $ 57 $ 70*
LablDensity Gauge Charge)
Soil Technician II (Incl. $5/hour Mobile Lab/ $ 53 $ 70*
Density Gauge Charge)
Concrete Technician (A I) $ 45 $ 65*
",," Batch Plant Inspector $ 45 $ 65*
Coring/Sawing Operator & Equipment $150 $150*
Laboratory Technician $ 65 $ 65
Draftsperson (CAD) $ 60 $ 60
Word Processing / Secretarial $ 50 $ 50
Mechanical, Electrical, Plumbing Inspector - $ 68 $ 68
DSA Classes I, II, II, and IV
Water Sampling Technician $ 52 $ 65*
Notes:
1) Time for all categories of employees will charged on a portal-ta-portal
basis, with a two (2) hour minimum charge per call out. A 2-hour minimum
will apply for unscheduled cancellations.
2) Hourly rates are based upon an 8-hour work day between the hours of 6:00
a.m. to 4:30 p.m., Monday through Friday. Work in excess of 8 hours in one
day will be charged at a rate of 1.25 times the above rates for non-prevailing
wage projects and 1.5 times the above rates for prevailing wage projects.
Work in excess of 40 hours in one week will be charged at 1.5 times the
above rates. Work over 12 hours in one day or over 8 hours on the 7thg
consecutive day or worked holidays (New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day observances) will be
charged at 2.0 times the above rates.
3) The above quoted personnel rates denoted with a'" are based upon a 1.60
multiplier of the fully-burdened General Prevailing Wage Determinations for
Building/Construction Inspectors and a 1.66 multiplier for Water Sampling
Technicians and for Field Soils and Material Testers as of the August 22,
2001 issue date and are valid until June 15, 2002. After June 15, 2002, said
personnel rates may change based upon the Prevailing Wage Rate in effect
when services are rendered, but will be based the 1.60 multiplier for
Building/Construction Inspectors and the 1.66 multiplier for Water Sampling
Technicians and Soils/Materials Testers.
4) The following holidays are observed by Testing Engineers - San Diego,lnc.:
New Years Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day. Should a Holiday fall on Saturday or
Sunday, the closest previous or following, regular work day will be observed
for the Holida .
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 23
04/09/20029:31 PM
3-tr;1
( )
Hourly rates may increase by 6% for services rendered after [month],
200_, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below: ¡
""() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $~:
() Copies, not to exceed $_:
(X) Per Diem and Travel:
(X) Mileage for services more than 40 miles from TESD:
(X) Outside Services:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $ .
(X) Other Actual Identifiable City-Approved Direct Costs:
13. Contract Administrators:
City:
Kirk Ammerman, Senior Civil Engineer
1800 Maxwell Road
Chura Vista, CA 91911
Voice Phone:(619) 397-6121
FAX Phone: (619) 397-6254
Consultant:
Larry Clark, Project Manager
7895 Convoy Court, Suite 18
San Diego, Califomia 92111
Voice Phone (858) 715-5800
Fax Phone (858) 715-5810
Agreement Between the City of ChulaVista and Testing Engineëis-
San Diego for Materials Testing and Geotechnical Consulting Services
-3-1ø8'
Actual Cost
$0.45/mile
Cost Plus 15%
Cost Plus 15%
Page 24
04/09/20029:31 PM
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FFPC Filer.
"""( ) FPPC Filer
( )
( )
( )
( )
( )
( )
Category No.1. Investments and sources of income.
Category No.2. Interests in real property.
Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates' interests in real property within 2 radial miles of
Project Property, if any:
Agreement Between the City of Chula Vista and Testing Engineei's-
San Diego for Materials Testing and Geotechnical Consulting Services
, Page 25
04/09/20029:31 PM
"S-(P1
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill processing: ¡
-A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: Varies project-by-project
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
'determines that the Retention Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Completion and Delivery of Final Reports to the
satisfaction of the City Engineer
Agreement Between the City of Chula Vista and Testing Engineers-
San Diego for Materials Testing and Geotechnical Consulting Services
Page 26
04/09/20029:31 PM
"3-70
Exhibit B to Agreement between City of Chula Vista & Testing Engineers-San Diego
for Materials Testing, Geotechnical, and Storm Water Consulting Services
TESTING ENGINEERS - SAN DIEGO, INc.
2002 FEE SCHEDULE
rofesswIJal EIJgilieermg StlJff
Principal Engineer / Geo]ogist
Senior Engineer / Geologist / Architect
Project Engineer / Geologist / Architect
Environmental Consultant I Reg Environmental Assessor
Staff Engineer I Geo]ogist I Architect
IJSpection Services & Quality Control
Pi]e Driving / Deep Foundations Inspector
ReøMered Special Inspector (Concrete!Prestressed Concrete!
Structural Masonry/ Structural Steel! Fireproofing)
Roofing / Waterproofing Inspector
Senior Soil Technician .
Soil Technician II .
Concrete Technician (ACI)
Batch Plant Inspector
Roofing I Waterproofing Consultant
'Mobi]e LaboratorylDensity Gauge
on.DestTlletWe Testing Services
NDT Inspector (UltrasoniclMagnetic Particle/Dye Penetrant)*
'Equipment Charge
pecial Services
Coring I Sawing Operator & Equipment
Reinforcing Steel Location (pachometer Survey)
Anchor Pull Test - up to 30 tons
Procedure Qualification per A WS, ASME or Military Standards
Mobilization / Demobilization
upport Services
Final Affidavit (per report)
Draftsperson (CAD)
Word Processing I Secretarial
File Search, Re-issue of Report, Copies (minimum)
PicJ<-up / Delivery within San Diego County (per trip)
Express Mail- standard delivery (minimum)
Facsimi]e (per page)
Certified Payroll
Court Appetll'ØlU:e / DepositJolJS
Deposition or Testimony (4 hours min., travel and expenses not
included)
Evidence Slora e er month
Noa""""" W...
aa..IPvBoar
.......... Wage aa..
'erHoar
]25.00
115.00
]00.00
]00.00
85.00
125.00
115.00
100.00
100.00
85.00
65.00
50.00
65.00'
65.001
65.00
52.00
48.00
45.00
45.00
Quote
5.00
65.00'
65.00'
65.00'
65.00'
65.00'
Quote
5.00
65.00'
5.00
65.00
5.00
150.00
65.00
65.00
Quote
Quote
150,00'
65.00'
65.00'
Quote
Quote
250.00 min.
60.00
50.00
50.00
40.00
25.00
1.00
250.00 min.
60.00
50.00
50.00
40.00
25.00
1.00
S50.00/weeJ<
250.00
250.00
50.00
50.00
t The above qOOted personnel rates are based upon a minimum of a 1.60 multiplier of the fully-burdened
General Prevailing Wage Determinations for Building/Construction Inspectors and a 1.66 multiplier for Field
Soils and Material Testers, issue date of August 22, 2001, valid until June 15, 2002. After this date our rates
may change based upon the Prevailing Wage Rate in effect when services are rendered, but our rates will
maintain the minimum 1.60 multiplier for construction inspectors and a 1.66 multiplier for soils/materials
, testers.
TESTING ENGINEERS -SAN DIEGO, INC
ESTABliSHED 1946
QUALITYWORKS
Pa9.e ~-.1 of 4 rJ71
. - 3-
Exhibit B to Agreement between City of Chula Vista & Testing Engineers-5an
Diego for Materials Testing, Geotechnical, and Storm Water Consulting Services
oils
California Bearing Ratio (CBR) includes MOD 380.00 D 1883
Cement Treated Base, Laboratory Design - Soil Cement (per set) 435.00
Cement Treated Base, Sample Fabrication (set oftbtec) 120.00 CIM312
Cement Treated Base, Compression Test 25.00
Chloride Content of Soil 65.00
Consolidation (per point) 50.00 D2435
Direct Shear 225.00 D 3080
Expansion Index 130.00 D 4829 UBC 18-2
Hydrometer Analysis with Fine Gradation ¡ 190.00 D422
Hydrometer Analysis with Coarse & Fine Gradation 240.00 D422
ùll5'óratory Compaction Test (Moisture Density - per curve) 155.00 D 1557 CIM216
Laboratory Compaction Test (Requiring Rock Correction) 190.00 DI557/D4718
Moisture Content 25.00 D2216
Plasticity Index I Liquid Limit (Atterberg Limits) 125.00 D4318
Penneability - Constant Head
Fine Grained Soils 210.00
Granular Soil 350.00 D 2434
Other Quote
R-value (minimum 3 points) 200.00 D2844 CIM301
Resistivity and pH of Soil 150.00 C1M 643
Sand Equivalent 70.00 D2419 C1M217
Soil Cement I Lime Treated Soil Design Quote
Sulfate Content of Soil 65.00
gregates
Absorption Test, Coarse Aggregate 25.00 C 127
Absorption Test, Fine Aggregate 25.00 C 128
Aggregate Conformance Testing for State of CA Projects per 210.00
Aggregate Size (includa: Sieve Analysis. Spocific ""'vity. No, 200 Wash.
Organiclmpuriti... Uoftw.;gbtJ
Clay Lumps and Friable Particles 85.00 C 142
Cleanness Value 95.00 C1M227
Crushed Particles, Percent 110.00 C1M 205
Durability Index, Coarse Aggregate 95.00 D 3744 C1M 229
Durability Index, Fine Aggregate 70.00 D 3744 C1M229
Lus Angeles Rattler (Abrasion) t50.00 C131orC535 C1M211
Mortar Making Properties of Fine Aggregates 550.00 C87
Organic Impurities in Sand 40.00 C40
Sieve Analysis (Gradation), Coarse Aggregate 50.00 C 136
Sieve Analysis (Gradation), Fine Aggregate (includes Wash) 60.00 C 136
Sodium Sulfate Soundness (per size fraction) 70.00 C88
Specific Gravity, Fine Aggregate 50.00 C 128
Specific Gravity, Coarse Aggregate 40.00 C 127
Unit Weight (per cubic foot) Voids in Aggregate 50.00 C29
Petrographic Analysis Quote
TESTING ENGINEERS -SAN DIEGO, INC
ESTABUSHED 1946
Q U ALITYW 0 RKS
Pa9,e B.-~ of 4
3-7';;"-
Exhibit B to Agreement between City of Chula Vista & Testing Engineers-San
Diego for Materials Testing, Geotechnical, and Storm Water Consulting Services
halt Concrete
Asphalt Mb¡ Design Quote
Asphalt Mb¡ Design Review 135.00
Extraction, % Asphalt (including Aggregate Gradation) 175.00 D2172 CI'M 310/382
Film Stripping, 65.00 CI'M 302
Hveem Stability & Unit Weight 150.00 015601D2726 CI'M 3041366
Marshall Stability, Flow & Unit Weight (3 specimens) 175.00 Dl5591D2726 AASHTO 1'245
Maximum Theoretical Unit Weight (Rice Specific Gravity) 80.00 02041 CI'M 305
Percent Swell 80.00 CI'M 308
Unit Weight Compacted Sample or Core (Bulk Specific Gravity) 50,00 02726 CI'M 308
Unit Weight Sample Requiring Compaction 115.00 DI559 or CTM3O4&308
onerete I Dl560&D2726
COInpression Test, 6xt2 Cylinder 18.00 C39
C6iiìí>ression Test, Gunite / Shotcrete, 3 Cores! Panel (set) 190.00 C42
Compression Test, Gunite / Shotcrete, 4 Cores! Panel (set) 230.00 C42
Compression Test, Core (includes sample preparation) 40.00 C42
Compression Test, Lightweight Concrete Fill 30.00 C495
Compression Test, High Strength I Non-Shrink Grout Cubes 20,00 C 1107
Concrete Flexural Test, 6x6x 18' 40.00 C293/C78
Concrete Mb¡ Design (includes Aggregate testing) 280.00
Concrete Mb¡ Design (revision ofreview) 125.00
Drying Shrinkage (3 specimens - 28 days) 200.00 C 157 (Mod)
Modulus of Elasticity, Static 78.00 C469
Splitting Tensile Strength 60.00 C496
Trial Batch (includes Mix Design, Aggregate Testing & 6 Cotn¡=¡sioo 525.00
Tests)
Trial Batch (includes 6 Flexural Beams) 760.00
Unit Weight, Lightweight Concrete Fill 30.00 C495
Cèment Testing Quote
Petrographic Analysis Quote
Unit Weight, Lightweight Structural Concrete 50.00 C567
asonry
Absorption Test, Brick 7-day 45.00 C67
Absorption Test, Brick 24-hour submen¡ion 25.00 C67
Absorption Test, Brick 5-hour boiling 40.00 C67
Composite Prism (under 400,000 lbs), Half-Size 8x16x8 70.00 E447 UBC21-17
Composite Prism (under 400,000 Ibs) Full-Size 8x 16x16 90.00 E447 UBC21-17
Compression Test, Brick 30.00 C67
Còmpression Test, Blocks Larger than 8x8xl6 40.00 C 140
Compression Test, Blocks less than or equal to 8x8xl6 35.00 CI40
Compression Test, Cores (includes sample preparation) 40.00 C42 Title 24
Compression Test, Grout 15.00 C 1019 UBC 21-18
Compression Test, Mortar 2x4 Cylinder UBC 15.00 C780 UBC 21-16
Conformance 350.00 C90
Effiorescence,Block with Mortar 40.00
Efflorescence, Brick only 30.00 C67
In-Place Shear Test (per test) 100.00 UBC 21-6
Linear Shrinkage 100.00 C426
Modulus of Rupture, Brick 30.00 C67
Moisture as Received, Brick 25.00 C67
Saturation Coefficient (includes Absorption) Brick 40.00 C67
Unit Weight & Absorption, Block 40.00 CI4O
TESTING ENGINEERS -SAN DIEGO, lNC
ESTABLISHED 1946
Q U ALITYW ORES
Page~: of 4
3~1:3
Exhibit B to Agreement between City of Chula Vista & Testing Englneers-San
Diego for Materials Testing, Geotechnical, and Storm Water Consulting Services
reel
High Strength Fasteners - Bolt, Nut & Washer Confol1l18l\ce 100.00 F606
(Wedge, Tensile & Hardness)
High Strength Fasteners - Bolt Nut & Washer Conformance 115.00 F606
(Wedge Tensile. Proof Load & Hardness)
Mechanically Spliced Reinforcing Steel 80.00
Mechanical Tests, Hardness Test, Rockwell 40.00
Prestressed Steel, Tensile Test, Strand (7 wire) 100.00 A 370
Reinforcing Steel, Tensile Test - No. 11 Bar & Smaller 35.00 A 370
Reinforcing Steel, Tensile Test-No. 14 Bar&~(.,min. 55.00 A 370
""Immcntonly) j
Reinforcing Steel, Bend Test - No. II Bar & Smaller 35.00 A 370
SpIIl}- Applied Fireproofing Density Tests
Template Method 40.00 E605 UBC7-6
Displacement Method 40.00 E605 UBC7-6
StructunJl Steel, Tensile Test - Up to 200,000 100. 60.00 A 370
StructunJl Steel, Bend Test 35.00 A370
StructunJl Steel, Pipe Flattening Test 35.00
Welded Specimens, Tensile Test - No. II Bar & Smaller 35.00
Welded Specimens, Tensile Test - No. 14 Bar (to minimum 80.00
requirement only)
Welded Specimens, Tensile Test - No. 18 Bar (to mi"imlQ11 80.00
requirement onJy)
Weiding Certification
American Welding Society (A WS DI.1)
Linúted Thickness Plate (per position) 200,00
Unlimited Thickness Plate (per position) 230.00
Pipe (per position) 230.00
American Welding Society (A WS DI.3)
Light Gauge Metal (includes Butt and Plug Weld) 180.00
American Welding Society (A WS D1.4)
Bar Size #3 through #9 200.00
Bar Size #10 through #11 230.00
Bar Size #t4 through #18 250.00
American Society of Mechanical Engineers (ASME)
Plate or Pipe Procedure Qualification 550.00
Plate or Pipe Welder Qualification 550.00
Fillet Weld Test (Break and Etch Test) 180.00
Fillet Weld Test Plates 30.00
Procedure Qualification per A WS, ASME or Military Standards Quote
lTItrasonic Testing of Weld Coupons 90.00
Witness Time - if required (per hour) 55.00
oojmg
Asbestos Evalnation (per ply) 40.00
Asphalt Softening Point 150.00
Roofing Material Analysis with Surfacing 450.00 D 2829
Roofing Material Analysis without Surfacing 225.00 D3617
Roofing Tile, Absorption (set of 5) 175.00 UBC 15-5
Roofing Tile, Strength Test (set of 5) 175.00 UBC 15-5
TESTING ENGINEERS -SAN DIEGO, INe
ESTABLISHED 1946
QUALITYWORKS
Page ~-1 of 4
3-'li
COUNCIL AGENDA STATEMENT
Item 4-
Meeting Date 4/23/02
ITEM TITLE: Resolution Authorizing the City Engineer to issue Encroachment
Permit No. PE-520 for the installation of two private electrical conduits for
the Goodrich Aeorostmctures Group located within "G" Street Right-of-Way.
SUBMITTED BY: Director of Public ~W~ork~'/ ~/
REVIEWED BY: City Manager ~ (4/Sths Vote: Yes __ No X._~.)
Goodrich Aerostructures Group, also know as Goodrich, are proposing to construct two (2)
permanent six-inch (6") PVC private electrical conduits within "G" Street right-of-way. This portion
of "G" Street right-of-way was granted for public street purposes on Map No. 166 filed with the
County Recorder on October 11, 1916. According to Section 12.28 of the Municipal Code, any
permanent private utilities built within right-of-way or City easements, such as private electrical
conduits require City Council approval utilizing the encroachment permit process.
RECOMMENDATION: That Council approve the subject resolution authorizing the City
Engineer to issue Encroachment Permit No. PE-520 for the installation of two private electrical
conduits for the Goodrich Aeorostmctures Group located within "G" Street Right~of-Way and direct
the City Clerk to record said permit.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On March I 1, 2002 staff received a letter from Gary Sullivan of Goodrich requesting an
encroachment permit to install two (2) 6 inch PVC electrical conduits in the City's public right-of-
way located within the right-of-way of "G" Street, west of the existing entry gate of the Goo&ich
campus (see Exhibit "A" and Detail).
The letter from Mr. Sullivan indicates one of the conduits will contain a 12KV transmission cable
and the other conduit will be installed empty for future growth contingency. The installation is
needed to transmit electrical power from a substation that is located north of "G" Street to a
manufacturing building that is located south of"G" Street. The power will accommodate an increase
in demand that will be generated as the building absorbs operations that must be relocated from
Page 2, Item
Meeting Date 5/1/01
south of "H" Street before the end of 2002 in compliance with the terms of a 1999 Relocation
Agreement between the City, the Port District and Goodrich.
There are two existing public sewer lines on either side of the centerline of"G" Street that must be
avoided by the new Goodrich conduit crossings. These lines consist ora 10-inch PVC force main
line and a 24-inch PVC gravity line. The existing sewer lines are relatively shallow and therefore,
the new electrical conduits will be placed below the sewer lines. Adequate vertical separation along
with protection of the existing sewer lines will be provided. Public Works Operations staff shall
inspect the installation of the private conduits in the vicinity of the existing sewer lines.
Coordination with utility companies for other existing facilities within the "G" Street right-of-way
shall be the responsibility of Goodrich.
The City's standard encroachment permits contain the necessary maintenance, removal and hold
harmless clauses. The encroachment permit protects the City, its agents and employees from
maintenance problems and liability for damages and/or bodily injuries arising from the performance
of the work connected with the installation of the private electrical conduits..
According to Section 12.28.020 of the Municipal Code, a Council resolution must authorize the
issuance of the encroachment permit.
FISCAL IMPACT: Goodrich has paid a $250.00 application fee for processing the encroachment
permit for "G" Street.
Attachments: Exhibit A - Locator plat
Exhibit B - Letter dated 3/11/02
Exhibit C - Encroachment Permit PE-520
SE
File: 0710-40-PE-520
d.'~EngineerlA GENDA ~PE520reso.doc
Goo ':' -
Goodrich Aerostructures Group ' - ~ :' ': Gary Sullivan
850 Lagoon Dnve Staff Engineer
Chula Vista, California 91910-2098 Facilities & Environmental
gar~.sullivan~goodrich.com
Te~: 619691 2,580
Fax: 619691 2313
www, aerost r uct ute s,Qoodrich.c om
March 1 t, 2002
Silvester Evetovich
Office of the City Engineer, Permits Section
P.O. Box 1087
Chula Vista, CA 91912
RE: City consent for Goodrich to run electrical conduit under the G Street Right Of Way
Dear Sylvester,
As we discussed last week, Goodrich wishes to install two electrical conduits under and across
the City's G Street right of way (see Exhibit A, attached) which bisects two Goodrich-owned
parcels (see Exhibits B & C, attached) and ther.efore requests an Encroachment Permit or such
alternative permission as the City deems appropriate for the work described below.
Specifically, Goodrich wishes to install two (2) 6" PVC conduits: one (1) oft he conduits will
contain a 12KV transmission cable and the other conduit will be installed empty for future
growth contingency. Both conduits will be installed approximately 4' below grade per applicable
code. The installation is needed to transmit electrical power from a substation that is located
north of G Street to a manufacturing building that is located south of G Street. The power will
accommodate an increase in demand that will be generated as the building absorbs operations
that must be relocated fi-om the south of H Street before the end of 2002 in compliance with the
terms of the 1999 land swap agreement. The cost of the work to be performed within the right
of way is estimated at eight thousand dollars ($8,000.00).
Please contact me with any general questions, concerns or requirements. Also, please inform me
of any fees which may become due as a result of this request so that I may authorize payment
from a Goodrich account that resides in the City Treasurer's Office. Thank you in advance for
your timely support of this request.
Yoq[s truly,
Gary Sullivan
Rohr, inc., a subsidiary of Goodrich Corporation, operating as Goodrich Aerostructures Group
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
[X] This document benefits
permittee. Recording
.fee required. II (This space for Recorder's use, only)
Affects Assessor's Parcel No(s) 567-022-30-00 C.V. File No. 0710-40-PE-520
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
Permit No. PE-520
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista
(hereinafter "City") to: Goodrich Aerostructures Group (hereinafter "Permittee") whose mailing address is 850 Lagoon
Drive, Chula Vista, CA 91910-2098, to do work within a portion of the public right of way belonging to the City of Chula
Vista.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall run with the
land. Ali conditions apply to Permittee and all his/her/their heirs, assigns, successors or transferees.
Whereas, the Permittee has requested the permission from City to encroach on said City's public right-of-way adjacent to
and for the direct benefit of the following described property:
LEGAL DESCRIPTION: Being a portion of the Westerly half of the Southwesterly Quarter of Quarter Section 162 of
the Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof
made by Morrill No. 166 filed in the Office of the Recorder of said San Diego County, May 11, 1869.
PERMISSION IS HEREBY GRANTED to do the following work: Installation of two (2) six inch PVC electrical
conduits within "G" Street right-of-way as shown on Exhibit "A' attached.
(hereinafter "Encroachment")
NOW, TItEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the parties
hereto agree as follows:
Permission is hereby granted Permittee for the above-mentioned Encroachment within City owned public right-of-way
described above in accordance with the following conditions:
a. Permittee shall install encroachment in a safe and sanitary manner as determined by City. Permittee shall
be responsible for perpetual maintenance of the Encroachment at its sole cost in accordance with all
applicable federal, state and local laws.
b. Encroaclmlent shall, in no way interfere with the maintenance of street trees or operation of any existing
utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and
sewer lines. Encroachment shall be installed a minimum of one foot below the bottom of the existing sewer
pipelines within "G' Street. Any costs arising from changes of or to any City property or facility due to the
Encroachment shall be the sole responsibility of Permittee.
Page 1
c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, and/or
Permittee's lessee, should there be any, at no expense to the City. in the event Permittee fails to maintain
Encroachment as required by Condition (a) above, the City reserves the right to perform any needed
maintenance to the Encroachment in order to maintain proper accessibility to existing sewer lines in the
vicinity and charge Permittee the costs of such maintenance.
d. Encroachment shall conform to all standards and specifications as slated in the Chula Vista Municipal
Code.
e. Encroachment shall be constructed in accordance with Exhibit "A' attached. Any modifications thereto
shall require approval by the City Engineer.
This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installation must
be removed or relocated, as and when specified by the City, at Permittee's cost. lfPermittee fails to remove or relocate
Encroachment within the period allotted, the City may cause such work to be done and the cost thereof shall be imposed
as a lien upon Permittee's property.
Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected and appointed officers and
employees, from and against all past, present or future claims for damages, liability, cost and expense (including without
limitation attorneys' fees) arising out of or in anyway related to the encroachment or the conduct of the Permittee, or any
agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work
covered by this agreement. Except only for those claims arising fi.om the sole negligence or sole willful conduct of the
City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same
proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall
not be limited by any prior or subsequent declaration by the Permittee.
Permittee hereby agrees to and shall release, hold harmless and defend City, its elective and appointive boards, officers,
agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged
to have been caused, by actions taken or alleged to have been taken, or in anyway related to or arising from actions taken,
under this permit by Permittee directly or by his/her/their agent(s), contractor(s), or agents or employees of same.
Pennittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents
and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result
of actions taken, or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit,
including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including
death.
The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated
herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable
provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or
Permittee's rights under this Encroachment Permit should interfere with the future use of the City's right of way by the
general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and when
indicated by City.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said
dispute in his sole and unfettered discretion, reasonably applied.
Page 2
CITY OF CHULA VISTA:
Pennit approved by:
Date:
Clifford L. Swanson
Deputy Public Works Director/City Engineer
(City Clerk to attach acknowledgment.)
PERMITTEE:
Signature:
Date:
Signature:
Date:
(Notary to attach acknowledgment for each "ignature.)
(Corporate Authority required for each Signatory, if applicable.)
J ,\Engin",\PER M ITS\P EIPE520encmachment, doc
Page 3
ij-7
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER TO
ISSUE ENCROACHMENT PERMIT NO. PE-520 FOR THE
INST ALLA TION OF TWO PRIVATE ELECTRICAL CONDUITS
FOR THE GOODRICH AEROSTRUCTURES GROUP
LOCATED WITHIN "G" STREET RIGHT-OF-WAY
WHEREAS, Goodrich Aerostructures Group (Goodrich), also known as Goodrich, are
proposing to construct two (2) permanent six-inch (6") PVC private electrical conduits within "G"
Street right-of-way; and
WHEREAS, this portion of "G" Street right-of-way was granted for public street purposes
on Map No. 166 filed with the County Recorder on October 11, 1916; and
WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent private
utilities built within right-of-way or City easements such as private electrical conduits require City
Council approval utilizing the encroachment permit process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize the City Engineer to issue Encroachment Permit No. PE-520 to Goodrich
Aerostructures Group for the installation of two private electrical conduits within "G" Street right-
of-way.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record said
permit.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
nattorneylresolencroachmen! perm;! PE 520
4-g
COUNCIL AGENDA STATEMENT
Item -~
Meeting Date Apr~
ITEM TITLE: a) Resolution Intention to Approve an
Amendment to the Contract between the Board of
Administration of the Public Employees' Retirement System
and the City Council of the City of Chula Vista to provide
Sections 21624, 21626, and 21628 (Post-Retirement
Survivor Allowance) for local miscellaneous members and
Section 21362.2 (3% @ 50 Full Formula) for local fire
members
b) Ordinance Authorizing an amendment to the
contract between the Board of Administration of the Public
Employees' Retirement System and the City Council of the
City of Chula Vista to provide Sections 21624, 21626, and
21628 (Post-Retirement Survivor Allowance) for local
miscellaneous members and Section 21362.2 (3% @ 50 Full
Formula) for local fire members (First Reading)
(4/Sths Vote: Yes No_~_ )
SUBMITTED BY: Director of Human Resource~,../
REVIEWED BY: City Manager,,/''~
RECOMMENDATION: That Council adopt the subject Resolution of Intention,
and place on first reading the Ordinance, which will amend
the contract between the Board of Administration of the
California Public Employees' Retirement Board and the City
of Chula Vista to provide Sections 21624, 21626, and 21628
(Post-Retirement Survivor Allowance) for local
miscellaneous members and Section 21362.2 (3% @ 50 Full
Formula) for local fire members.
BACKGROUND:
Post-Retirement Survivor Allowance (Miscellaneous Employees)
On August 28, 2001, City Council approved labor agreements with the City's
miscellaneous employee groups including: Executive Managers, Senior Managers,
Middle-Managers, Western Council of Engineers, Confidential Employees, and the
Item 5
Meeting Date April 23, 2002
Page 2
Chula Vista Employees Association (CVEA). Included in these agreements was
an enhancement to the CalPERS contract to include the Post-Retirement Survivor
Allowance benefit effective July 2002.
The Post-Retirement Survivor Allowance benefit provides that upon the death of a
member after retirement, an allowance shall be continued to the surviving spouse.
A "surviving spouse" means, for service retirements subject to this section, a
husband or wife who was married to the member at least one year pdor to the
member's retirement and continuously to the date of the retired member's death
and for disability retirements subject to this section, a husband or wife who was
married to the member on the date of his or her retirement and continuously to the
date of his or her death.
If there is no surviving spouse, or if the spouse later dies, the allowance shall be
continued to the eligible unmarried children collectively until all have reached age
18. Eligible children include disabled children over age 18 if the disability begins
prior to age 18. If there is no surviving spouse or eligible child or children, the
benefit would be paid to the surviving parent or parents of the deceased member
who were dependent upon the member for support. If, at effective date of
retirement, the member has no surviving spouse, eligible children, or dependent
parents and elected an optional settlement, no allowance under this section shall
be paid.
The allowance payable to the survivor(s) of a member who retires after the
employer includes Sections 21624, 21626, and 21628 in its contract is determined
as follows:
a. One-quarter of the retired member's unmodified allowance based on
service subject to the modification for Social Security; or
b. One-half of the retired member's unmodified allowance based on
service not subject to the modification for Social Security.
In accordance with Section 21628, the allowance payable to a retired member who
chose Option 2,3, or 4, or the beneficiary of such retirees shall be increased by
15%.
For retirees who chose the Unmodified Allowance or Option 1, there is no increase
in the retirement allowance but their eligible survivor(s) would receive the post-
retirement survivor allowance upon the retired member's death.
Government Code Section 7507 requires that the future annual costs of the
proposed contract amendment be made public at a public meeting at least two
weeks prior to the adoption of the final Ordinance. The following are the costs, as
identified in the actuarial valuation, for this contract amendment:
Item ~'
Meeting Date April 23, 2002
Page 3
1 ) Change in the Present Value of Benefits $13,194,848
2) Increase in the Actuarial Value of Assets $ 0
3) Change in the Unfunded Accrued Liability $10,159,290
4) Change in the Total Employer Rate 0.000%
3% @ 50 Full Formula for Local Fire Members
On Mamh 6, 2001, City Council authorized the extension of the labor agreement
between the City of Chula Vista and Local 2180 of the International Association of
Fire Fighters (IAFF). One of the provisions of this contract extension was the
inclusion of the enhancement to CalPEP, S contract to include the 3% @ 50 Full
Formula effective July 1,2002..
This formula provides to local fire safety members 3% of pay at age 50 for each
year of service credited with the City of Chula Vista. These employees are
currently under the 2% @ 50 formula. The total allowance for service retirement
under the 3% @ 50 formula cannot exceed 90% of final compensation.
Local fire safety members subject to the 3% @ 50 Full formula contribute 9% of
reportable earnings. In the case of Chula Vista's fire safety employees the City
pays the 9% on the employee's behalf.
Local fire safety members who retire after the effective date of the contract
amendment (July 1,2002) will be subject to this formula.
Government Code Section 7507 requires that the future annual costs of the
proposed contract amendment be made public at a public meeting at least two
weeks prior to the adoption of the final Ordinance. The following are the costs, as
identified in the actuarial valuation, for this contract amendment:
1) Change in the Present Value of Benefits $ 5,019,295
2) Increase in the Actuarial Value of Assets $ 0
3) Change in the Unfunded Accrued Liability $ 4,488,680
4) Change in the Total Employer P,ate 0.000%
Item '~
Meeting Date April 23, 2002
Page 4
Contract Amendment Process
The process set out by CaIPERS for contract amendments is very specific. This
item is being presented tonight as an announcement of the City's intention to
amend our contract and to present the first reading of the required Ordinance.
CaIPERS requires that there be a 20-day period between the adoption of the
Resolution of Intention and the adoption of the final Ordinance. This is pursuant
to Government Code Section 20471. There are no exceptions to this law. The
second reading and final adoption of this Ordinance will be May 14, 2002. The
effective date of the contract amendment will be July 1,2002.
Fiscal Impact: Because the City's assets with CalPERS currently exceed
our liabilities we are able to use the excess funds to cover the cost of these benefit
amendments and thus the 0% employer contribution. Should the City exhaust our
excess funds the annual fiscal impact to the City would be $527,000 ($217,000 for
the Post-Retirement Survivor Allowance for miscellaneous employees and
$310,000 for the 3 % @ 50 Full Formula for local fire members).
Exhibits:
1) Amendment To Contract Between the Board of Administration California
Public Employees' Retirement System and the City Council of the City of
Chula Vista.
TAE/te
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Chula Vista
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1,
1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967,
September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8,
1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
November 16, 1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28,
1995, May 29, 1998 and April 7, 2000 which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective April 7, 2000, and hereby replaced by the following paragraphs
numbered I through 15 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
PLEA, : DO f' OT SIGN "EXHIBIT OI' LY"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Effective October 4, 1973 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasonal basis
not to exceed 6 months were excluded from PERS membership by
contract. Government Code Section 20336 superseded this contract
provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January
1, 1975. Legislation repealed and replaced said Section with Government
Code Section 20305 effective July 1, 1994.
6. This contract shall be a continuation of the contract of the Montgomery
Fire Protection District, hereinafter referred to as "Former Agency". The
accumulated contributions, assets and liability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20508 of the Government Code. Such merger occurred January 1, 1986.
a. All benefits provided under this contract shall apply to all past
service for former employees of the Montgomery Fire Protection
District.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members on or before September 28, 1973).
c. Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20516 (Public Agency and its employees have agreed to
share the cost of the following benefit):
Section 21362 2% @ 50 Full formula
From and after September 28, 1984 to July 1, 1985 the safety
employees of Public Agency shall be assessed an additional
0.341% of their compensation for a total contribution rate of 9.341%
pursuant to Government Code Section 20516.
f. Section 21574 (Fourth Level of 1959 Survivor Benefits).
g. Section 20042 (One-Year Final Compensation).
h. Section 20426 ("Local Police Officer" shall include any officer or
employee of a police department employed to perform
communication duties and who elected to become a local safety
member on August 25, 1973).
PLEASE DO NOT SIgN E ',HfB T ONLY"
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
j. Section 21623.5 ($5,000 Retired Death Benefit).
k. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only.
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 8, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CHULA VISTA
BY C~~' BY
KENNETH W. MARZION~CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLC~f~I~ SERVICES DIVISION
PUBLIC
EMPLOYE~ETIREMENT SYSTEM
W~tness
A~est:
C~k
AMENDMENT
PERS-CON-702A (Rev. 8\96)
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CHULA VISTA TO
PROVIDE SECTIONS 21624, 21626, AND 21628 (POST-
RETIREMENT SURVIVOR ALLOWANCE) FOR LOCAL
MISCELLANEOUS MEMBERS AND SECTION 21362.2
(3% @ 50 FULL FORMULA) FOR LOCAL FIRE
MEMBERS
WHEREAS, Public Employees' retirement Law permits the participation
of public agencies and their employees in the Public Employees' Retirement
System by the execution of a contract, and sets forth the procedure by which
said public agencies may elect to subject themselves and their employees to
amendments to said Law: and
WHEREAS, one of the steps in the procedures to amend this contract is
the adoption by the governing body of the public agency of a resolution giving
notice of this intention to approve an amendment to said contract, which
resolution shall contain a summary of the change proposed in said contract;
and
WHEREAS, the following is a statement of the proposed change:
To provide Sections 21624, 21626, and 21628 (Post-Retirement Survivor
Allowance) for local miscellaneous members only and Section 21362.2 (3% @
50 Full formula) for local fire members only.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
above agency does hereby give notice of intention to approve an amendment to
the contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
Presented by:
Approved as to form by:
J1J~~ POR
Joh M. Kaheny ,
City Attorney
Candy Emerson
Director of Human Resources
J:lattorneylresolfire 3%@50
5-/0
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO PROVIDE SECTIONS 21624, 21626, 21628 (POST-
RETIREMENT SURVIVOR ALLOWANCE) FOR LOCAL
MISCELLANEOUS MEMBERS AND SECTION 21362.2 (3% @ 50
FULL FORMULA) FOR LOCAL FIRE MEMBERS
The City Council of the City of Chula Vista does ordain as follows:
Section 1.
That an amendment to the contract between the Board of Administration, California
Public Employees' Retirement System and the City Council of the City of Chula Vista
is hereby authorized, a copy of said amendment being attached hereto, marked
Exhibit, and by such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed
to execute said amendment for and on behalf of said Agency,
Section 3.
This Ordinance shall take effect thirty (30) days after the date of its adoption, and
prior to the expiration of fifteen (15) days from the passage thereof shall be published
at least once in the Chula Vista Star News, a newspaper of general circulation,
published and circulated in the City of Chula Vista and thence forth and thereafter the
same shall be in full force and effect.
Presented by:
Approved as to form by:
~J~~
John M,'Kaheny
City Attorney
Candy Emerson
Director of Human Resources
J:lattorneylordinancelSurvivor PERS benefit
5-/1
COUNCIL AGENDA STATEMENT
Item No.: b
Meeting Date: 4/23/02
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a
three-party agreement between the City of Chula Vista; David Evans and
Associates, Inc., Consultant; and Bella Lago LLC, Applicant, for
consulting services related to the preparation of an Environmental Impact
Report (EIR) for the Belle Lago Tentative Tract Map and Precise Plan,
and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Planning and Building/,//~t~'
REVIEWED BY: City Manager ~,~Pg~/ (4/Sths Vote: Yes No X )
The applicant, Belle Lago, LLC has filed a Tentative Tract Map and Precise Plan application for
the Belle Lago Subdivision. The Environmental Review Coordinator has determined that the
proposed project requires the preparation of an Environmental Impact Report (EIR). The item
before the City Council is a request for the City Council to approve the proposed contract with
David Evans and Associates for an amount not to exceed $126,782 to provide consultant services
for the preparation of the CEQA required environmental documents for the proposed project and
an additional $31,696 for additional services should they be necessary.
RECOMMENDATION:
That the City adopt a Resolution approving a three-party agreement between the City of Chula
Vista; David Evans and Associates, Consultant; and Belle Lago, LLC, Applicant, for
consulting services related to the preparation of an EIR for the Belle Lago Tentative Tract Map
and Precise Plan, and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The Belle Lago site is located within the 23,700-acre Eastern Territories Planning Area of the
City of Chula Vista. The site was annexed to the City of Chula Vista in 1997. The 180-acre
site lies at the northeastern most reaches of the Eastern Territories immediately to the
northeast of Rolling Hills Ranch. Open space preserve lands lie to the north, east and south
and include the Upper Otay Reservoir to the southeast and the San Miguel Mountains to the
north. The project is considered to be a "covered project" by the City's Draft MSCP Subarea
Plan. Approximately one-half of the site is proposed to be set aside as natural open space, in
accordance with the Draft MSCP Subarea Plan.
Page2, ItemNo.:
Meeting Date: 4/23/02
The site is designated in the General Plan as Residential Low (0.5-3 dwelling units per acre)
and zoned P-C (Planned Community). The Precise Plan and Tentative Tact Map call for the
construction of 140 residences (individual lots) on 90.6 acres.
Pursuant to the California Environmental Quality Act (CEQA), the Environmental Review
Coordinator has determined that the proposed project requires the preparation of an
Environmental Impact Report (EIR). Planning and Building Department staff does not have the
available time or expertise to prepare the needed E1R. Therefore, the applicant proposing the
project must enter into a three-party agreement for the preparation of the CEQA documentation.
Consultant Services Selection Process
A request for proposal was distributed to the 28 persons or firms included on the City's list of
qualified Environmental Consultants, and four proposals were received. The Selection Committee,
designated by the Director of the Planning and Building Department, invited the two top-rated
firms to interview. The Selection Committee reviewed and ranked the proposals based on company
experience, quality of management team, capacity to perform the work, project understanding,
proposal quality and clarity, local experience, and billing rates.
The Environmental Review Coordinator and the Selection Committee have determined that
David Evans and Associates, through their proposal and the interview process, has demonstrated
the ability to perform the services as required for this project. David Evans and Associates
represents, and staff concurs, that they are experienced and staffed in a manner such that they
can prepare and deliver the required services within the necessary time frames. The
Environmental Review Coordinator has negotiated the details of these agreements in accordance
with procedures set forth in Section 6.5.2 of the Environmental Review Procedures.
Scope of Work
David Evans and Associates will function as the Environmental Consultant to the City of
Chula Vista under a three-party agreement with the Applicant and under the supervision of the
City's Envirournental Review Coordinator. The responsibilities of the Environmental
Consultant will include the following:
Review of the available Project information;
Preparation of an Initial Study and Notice of Preparation;
Preparation of Screencheck, draft and final EIRs;
Preparation of responses to comments received during public review;
Preparation of Findings and the Mitigation Monitoring Reporting Program; and
Attendance at team meetings and public hearings
Page 3, Item No.:
Meeting Date: 4/23/02
Contract Payment
The total cost of the contract for consulting services is $126,782, with an additional 25%
contingency ($31,696) for additional services to cover unforeseen issues that may arise during
preparation of the EIR and if determined to be necessary by the City's Environmental Review
Coordinator. The project applicant will pay all consultant costs, as well as reimburse any City
staff time associated with preparation of the Bella Lago Tentative Tract Map and Precise Plan
through a separate deposit account.
The City Attorney's Office has reviewed and approved the form of the contract.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The applicant, Bella Lago, LLC, will
fully compensate the consultant. The contract amount for consulting services is $126,782. The
contract allows the Contract Administrator to negotiate additional fees, which will be paid by the
applicant, not to exceed 25% of the total contract amount ($31,696) to cover unforeseen issues
that may be identified during the preparation of the EIR.
Attachments: 1. Vicinity Map
2. Three Party Agreement between the City of Chula Vista, David Evans and Associates,
Inc., and Bella Lago, LLC.
Attachment 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING A THREE-PARTY AGREEMENT BETWEEN
THE CITY OF CHULA VISTA; DAVID EVANS AND ASSOCIATES,
INC., CONSULTANT; AND BELLA LAGO, LLC, APPLICANT FOR
CONSULTING SERVICES RELATED TO THE PREPARATION OF
AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE BELLA
LA GO TENTATIVE TRACT MAP AND PRECISE PLAN, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of the Environmental Impact Report for Bella Lago; and
WHEREAS, it was detennined by the Director of Planning and Building that staff has
neither the available time or expertise to perfonn the subject work; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental
Review Coordinator has detennined that the proposed project requires the preparation of an EIR;
and
WHEREAS, a Request for Proposal was distributed to the 28 persons or finns included on
the City's list of qualified Environmental Consultants, and four proposals were received by the City;
and
WHEREAS, the director of Planning and Building appointed a selection committee which
has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the
above noted Consultant perfonn the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW THERERFORE BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby approve a three-party agreement between the City of Chula Vista; David
Evans and Associates ("Consultant") and Bella Lago, LLC ("Applicant") for consulting services
for preparation and submittal of an Environmental Impact Report for Bella Lago.
BE IT FURTHER RESOLVED that the Mayor of the City of City ofChula Vista is
hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
{p- S
Presented by
Robert A. Leiter
Director of Planning and Building
H:IAtlomeyIBELLA LAGO.doc
H:\Attorney\BELLA LAGO.doc
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Approved as to form by
ð@l/~
;W. Kaheny
City Attorney
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
æ d]1A. r (" A JJ A--G
~hn M. Kahen~ (j--
City Attorney
Dated:
i~ (-:r ~ 0 L-
For Three Party Agreement with David Evans and
Associates and Bella Lago for Consulting Services
relating to the Preparation of an ErR
&-1
Three-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
Bella Lago, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicànt's Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation ofthe State of California, the person designated
on the attached Exhibit A as "Consultant", David Evans and Associates, Inc. (herein afterreferred to
as "DEA") whose business fonn and address are indicated on the attached Exhibit A, and the persons
collectively designated on the attached Exhibit A as "Applicant", Bella Lago, LLC, whose business
fonns and addresses are indicated on the attached Exhibit A, and is made with reference to the
following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofIand ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other pennits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time uame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perfonn the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
4/17102
Three-Party Agreement
Page 1
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2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perfonn to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perfonn to and for the benefit of City all ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and ifnone are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perfonn said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perfonn and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the tenns and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days,
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4/17/02
(p-q
or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments
of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, detennines
that additional services ("Additional Services") are needed uom Consultant ofthe type Consultant
is qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall detennine that additional work is required to be
perfonned above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate of the costs of the additional work
which the City detennines is or may be required. Applicant shall pay any and all additional costs for
the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request uom
Consultant, from time to time reduce the Services to be perfonned by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said reduction.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount oftime
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Tenns of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain uom said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the tenns of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
Three-Party Agreement
Page 3
4/17/02
~-/o
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the tennination of
this Agreement and any claims resulting thereuom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably detennine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same tenns of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval ofthe City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away uom premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees ofthe City and Applicant in
the same manner as members of the general public ("Cross-liability Coverage").
4/17/02
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4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence ofthe City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services perfonned by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in perfonning the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants pennission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
Three-Party Agreement
Page 5
4117/02
/¡;, I ().
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless uom all loss, cost, damage, expenses, claims, and liabilities in ,
connection with or arising ITom any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services perfonned by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration ofthis agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Refonn Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as detennined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
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7.3. Search to Detennine Economic Interests.
Regardless of whether Consultant is. designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the tenn is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this Agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
tenn of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles uom the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's perfonnance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Tenn of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Tenn ofthis Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
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8.
Default of the Consultant for Breach.
This agreement may be tenninated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Tennination of this agreement because of a default of the Consultant shall not relieve the
Consultant uom liability of such default.
9.
City's Right to Tenninate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to tenninate this agreement or any work to be perfonned pursuant to
this agreement.
9.2. In the event oftennination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
perfonned by the Consultant up to the date of such tennination, less the aggregate of all sums
previously paid to the Consultant for services perfonned after execution of this agreement and prior
to its tennination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
tennination.
9.4. In the event of tennination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in perfonnance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to tenninate Consultant, and shall not exercise any control
or direction over Consultant's work.
10.
Administrative Claims Requirement and Procedures.
No suit shall be brought arising out ofthis agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
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11.
Hold Harmless and Indemnification.
II.I. Consultant to Indemnify City reo Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees ITom and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or finns for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising ITom the sole negligence or sole willful misconduct of the City, its officers, or
employees. Also covered is liability arising ITom, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third party.
With respect to losses arising ITom Consultant's professional errors and omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, ITom and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) except those claims arising ITom the negligence or
willful misconduct of City, it officers or employees.
Consultant's indemnification shall inc1ude any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the tennination of this Agreement.
11.2. Applicant to Indemnify City reo Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and ITom any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting ITom or
arising out of the refusal to pay compensation as demanded by Consultant for the perfonnance of
services required by this Agreement.
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Three-Party Agreement
Page 9
10-1 (p
12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or pennitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction ITom its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
4/17/02
Three-Party Agreement
Page 10
(¿" /1
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance hereunder,
shall be the City ofChula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision ofthis Agreement shall for any reason, be detennined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such detennination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
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Three-Party Agreement
Page 11
(P-/8
13.12. Remedies.
The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required perfonnance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit thereITom, and agree that no
perfonnance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
4/17/02
Three-Party Agreement
Page 12
&-/~
Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
Bella Lago, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page 1 of2)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the tenns hereof by setting their hand hereto
on the date set forth adjacent thereto.
Dated:
City ofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Fonn:
John M. Kaheny, City Attorney
Dated:
Consultant: David Evans and Associates, Inc.
By:
d
4/16/02
Three-Party Agreement
Page 13
(p-:JO
Dated:
4/12/02
Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
Bella Lago, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page 2 of2)
4-/S~ðt
Applicant:
Bella Lag~ J /.
By. ~~
,.,,;, ~ . '" /h,k-
Three-Party Agreement
Page 14
~-;)I
Exhibit A
Reference Date of Agreement: April 11, 2002
Effective Date of Agreement: Date of City Council Approval of Agreement
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: David Evans and Associates, Inc. (herein after referred to as DEA)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 8989 Rio San Diego Drive, Suite 335
San Diego, CA 92108
Applicant: Bella Lago, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 13039 Brixton Place
San Diego, CA 92130
1. Property (Commonly known address or General Description):
The 180-acre project site is located in the northeastern portion of the city of Chula Vista within the
23,700-acre Eastern Territories. The Eastern Territories Planning Area is bounded by Interstate 805
on the west, San Miguel Mountain and State Route 54 on the north, the Jamul foothills on the east,
and the Otay River Valley on the south. The Eastern Territories is the largest planning area currently
covered by the City of Chula Vista's General Plan. The Bella Lago site is located at the extreme
northeast corner of the Eastern Territories. The site is located immediately to the northeast of
Rolling Hills Ranch and southeast of San Miguel Mountain. The Upper Otay Reservoir is situated to
the south of the site.
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2. Project Description ("Project"):
The project consists of the preparation of an Environmental Impact Report for the Bella Lago
subdivision. A Precise Plan and Tentative Tract Map have been submitted to the City of Chula
Vista in order to develop approximately half (90.58 acres) of the site with estate residential
development at a density of 0.5-3 dwelling units (du) per acre. Approximately 140 lots are proposed.
The remainder of the site, approximately 89 acres, would be set aside as natural open space. As
required by the City of Chula Vista General Plan, the project proposes to develop the site with very
low-density residential development. A Rezone fi.om P-C (Planned Community) to R-E 20,000 is
proposed with a "P" Modifying District, requiring development of the site pursuant to a Precise Plan.
The Precise Plan will refine and implement the goals, objectives and policies of the Chula Vista
General Plan and will establish the planning design parameters for the site. The Precise Plan will
encompass the entire site and will include a description of the development area, development
statistics, a generalized map of the land use locations, and individual development policies,
requirements and regulations. Design guidelines will also be provided for architecture, landscaping
and fencing/walls.
The concurrent processing of a Tentative Tract Map is also proposed. The Tentative Tract Map
would establish infrastructure requirements that would enable the preparation of an application for
Design Review.
3. Entitlements applied for:
Proposed discretionary actions for the Property include: Precise Plan, Rezone, and a Tentative Tract
Map.
4. General Nature of Consulting Services ("Services--General"):
DEA shall prepare an EIR for Bella Lago Precise Plan, Rezone, Lotting and Grading Study, and
Tentative Tract Map, to the satisfaction of the Environmental Review Coordinator and to meet State
and City environmental review requirements. The EIR shall be a Project EIR.
5. Detailed Scope of Work ("Detailed Services"):
DEA shall prepare an Environmental Impact Report (EIR) for the Bella Lago Precise Plan, Rezone,
Lotting and Grading Study, and Tentative Tract Map, in accordance with the California
Environmental Quality Act (CEQA). DEA shall also work closely with the City of Chula Vista staff
to ensure that the EIR for the Bella Lagn Precise Plan, Rezone, Lotting and Grading Study, and
Tentative Tract Map shall meet all of the City's needs. The E1R must comply with the current
California Enviromnental Quality Act (CEQA) of 1970 (Public Resources Code Section 21000 et
seq.); the current State CEQA guidelines (California Administration Code section 15000 et seq.); the
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Page 16
Enviromnental Review Procedures of the City of Chula Vista; and the regulations, requirements, and
procedures of any responsible public agency or any agency with jurisdiction by law. All Detailed
Services described herein shall be performed by DEA to the satisfaction of the City's Enviromnental
Review Coordinator.
DEA shall consult with all trustee and responsible agencies, agencies having jurisdiction by law and
any other person or organization having control over or interest in the Development as necessary to
ensure that the EIR is current and complete as to issues raised by such agencies.
The Draft and Final EIR shall be prepared in such a manner that they will be meaningful and useful
to decision-makers and to the public. Technical data is to be summarized in the body of the report
and placed in an appendix. All documents shall be prepared in Microsoft Word 2000.
The EIR shall be prepared to include the required sections of an EIR, as set forth in applicable law
including State CEQA Guidelines Section 15122 - 15131. The document shall be formatted as
directed by the City and shall include, but not be limited to the following sections:
· Table of Contents
· Executive Summary
· Introduction
· Project Description
· Environmental Setting
· Environmental Impact Analysis
· Cumulative Impacts
· Growth Inducing Impacts
· Alternatives
· Mitigation Monitoring & Reporting Program
· Irreversible Environmental Changes
· Effects Found not to be Significant
· References, Persons and Agencies Contacted and EIR Preparation
DEA shall compile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses
to the NOP and any technical reports and relevant technical information generated for the EIR.
SPECIFIC TASK DESCRIPTION:
In providing environmental services for the Bella Lago Precise Plan, Lotting and Grading Study,
Rezone, and Tentative Tract Map EIR, DEA shall perform the following tasks:
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4/17/02 Page 17
Task 1- Initial Study and Notice of Preparation
Review of Existing Documents
DEA will review previous documents that have been prepared for the Otay Ranch General
Development Plan Project, including, but not limited to:
1) City Of Chula Vista Sphere of Influence Studies
2) City Of Chula Vista Sphere of Influence Update - Final Program Environmental
Impact Report No. 94-03/SCH No. 94041056, prepared by Lettieri-Mclntyre and
Associates dated March 14, 1995.
3) City Of Chula Vista General Plan dated September 5, 1995.
4) Geotechnical Feasibility Investigation prepared by ICG Incorporated, dated
December 14, 1988 (revised July 26, 1991)
5) Overview of Water Service for the Bella Lago Project prepared by Dexter Wilson
Engineering, dated January 30, 2002.
6) Archaeological Resoumes Survey for Bella Lago prepared by Affinis, dated
September 2001.
7) Bella Lago Biology prepared by Affinis, dated December 10, 1997.
8) Bella Lago Precise Plan prepared by Estrada Land Planning, dated October 22,
2001.
9) Preliminary Drainage Study for Bella Lago prepared by Nasland Engineering,
dated October 17, 2001.
10) Report of Geotechnical Feasibility Update Proposed Bella Lago Subdivision
prepared by Shepardson Engineering, dated October 1, 2001.
Project Initiation
DEA will participate in the project initiation meeting for the project. As a result of the project
initiation meeting, the schedule outlined in this proposal will be evaluated and coordinated with the
needs of the City and the applicant, and points of contact will be clearly identified. DEA will
prepare an environmental team contact list and distribute it to all team members. This list will
provide names, phone numbers, addresses, and areas of responsibility, and will include project
applicant representatives and City staff, as well as DEA team members.
The DEA team will meet with the City staffand the applicant to review the proposed project and
obtain project information. Based on information provided by the City and the applicant, DEA will
prepare a detailed project description that will serve as the basis for the analysis.
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Task la: Initial Study
DEA will prepare a draft Initial Study (Deliverable No. 1) using the environmental checklist based
on the City of Chula Vista's Environmental Checklist Form or the Environmental Checklist Form in
the State CEQA Guidelines (Appendix G) to assess the potential environmental impacts associated
with the Development and to identify those issues that are potentially affected by the proposed
Development. The Environmental Checklist will form the basis to support which issues will be
addressed in detail in the EIR for the Development and which issues have been identified as not
significant and warrant no further discussion. City staffwill review the draft Initial Study and, if
necessary provide comments to DEA. DEA shall incorporate the City's written comments and
provide the City with a final Initial Study (Deliverable No.2).
Task la Deliverables: · Draft Initial Study and environmental checklist form
· Final Initial Study and environmental checklist form
Task lb: Notice of Preparation
DEA will prepare a draft Notice of Preparation (NOP) (Deliverable No. 1). City staffwill review the
draft NOP and, if necessary provide comments to DEA. DEA shall incorporate the City's comments
and provide the City with a final NOP (Deliverable No.2). DEA shall, in consultation with the City
of Chula Vista, distribute the document to the State Clearinghouse, each Responsible Agency, each
Trustee Agency, and public agencies, organizations and individuals that may be affected by the
project. The final NOP and the Environmental Checklist Form (Deliverable No. 2) will be made
available for public review at local libraries and other appropriate locations. Comments received
during the 30-day public review period will be used to finalize the scope of the Draft EIR.
Task lb Deliverables: · Five (5) copies of the Draft NOP
· Five (5) copies of the Final NOP
Task 2- First Screencheck Draft EIR and Associated Technical Reports
DEA shall prepare a description of existing conditions for, collect data on, and analyze potential
impacts to the enviromnental issues identified in the project-specific Environmental Checklist Form
for the Development. The following is an outline of the contents for the Draft EIR. The preparation
of technical reports and any modeling required to complete these reports is addressed under the
individual issue discussions.
· Introduction -- This section of the EIR will describe the proposed Development's
background, purpose and need, and objectives. The introduction will also provide an
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4/17/02 Page 19
overview of the CEQA process and related permits and discretionary actions required for
implementation of the proposed Development.
· Project Description -- This section of the EIR will describe in detail the key features of the
proposed Development, including the '%vorst case" scenario for the Development evaluation.
· Environmental Setting -- This section of the EIR will present a discussion of existing
conditions within the Property and adjacent land parcels that could be affected by the
proposed development.
· Environmental Issues -- This section of the EIR will present an analysis of each of the
environmental issues identified in the project-specific Environmental Initial Study. The
analysis will identify potentially significant environmental impacts that could result fi.om
implementation of the proposed Development and proposed mitigation measures to reduce
these impacts to below a level of significance.
Specific Issues to be Addressed in the Draft EIR:
Land Use, Planning, and Zoning
Existing plans, policies, and ordinances related to land use that affect the Development site will be
identified and reviewed. Documents to be reviewed include, but are not limited to:
The Chula Vista General Plan and all related elements
The Chula Vista Zoning Ordinance as it relates to the specific property
The Rolling Hills Ranch SPA Plan and General Development Plan and EIR
City Of Chula Vista Draft MSCP Subarea Plan
The EIR will evaluate the Development for compatibility with adjacent land uses and surrounding
densities; identify whether the Development has substantial conflicts with the established community
character; and identify inconsistencies or conflicts between the Development and the goals,
objectives, and policies of any applicable plan policy, ordinance, guideline, or regulation. The
analysis shall emphasize the transition between the proposed land uses and adjacent uses, either
existing or plaImed. The EIR will evaluate the impacts of the proposed physical improvements that
could result upon implementation of the Development in Bella Lago. The project's compatibility
with adjacent open space as identified in the City's Draft MSCP Subarea Plan and the County of San
Diego MSCP should also be provided. As such, the EIR will include both a plan-to-plan and a plan-
to-ground land use analysis. The land use analysis will be contained in the EIR, and a technical
report will not be prepared for this issue.
Landform Alteration/Aesthetics
Currently, the project site and project vicinity are undeveloped. Ultimate development of this area
4/17/02 Three-Party Agreement
Page 20
will change its visual character. An evaluation of the proposed grading and the visual impacts of
development of the Property must be assessed. The EIR will analyze the impact of the proposed
Development on existing landform and community character. The necessary text, maps and photo-
documentation will be provided in the EIR describing the appearance before and after the
Development. A visual resource analysis will be conducted in conjunction with a site visit
evaluation. Key views will be identified and photographed within the viewshed of the site.
The identification of the key views will be based on the following criteria: (1) views subject to the
greatest degree of change, (2) the location of representative views associated with each type of
characteristic landscape trait in the area, and (3) the location of the highly scenic views that could be
either enhanced or impacted by the project. The applicant shall provide DEA with photographic
records, line-of-sight cross sections and topographic maps showing locations of significant
viewpoints from all compass directions, particularly as they relate to Proctor Valley Road. This
analysis will be contained in the E1R, and a separate technical report will not be prepared.
1. Describe the potential for any visual quality impacts from the on-site uses from area roads.
2. Discuss mitigation measures that may be required to reduce the landform alteration/aesthetic
impacts if any are identified. These could include contour Precise Plan design guidelines,
grading techniques for manufactured slopes, and specific landscaping treatments.
This analysis will be contained in the EIR, and a separate technical report will not be prepared.
Photo Simulations
As an optional task, if the City determines that a graphical presentation of the potential changes to
the visual environment is necessary, DEA will prepare computer-generated photo simulations, using
state-of-the-art techniques. These will provide an accurate depiction of the "before" and "after"
project site conditions as viewed from three different vantage points. Separate photos will depict the
site "as is" and with the proposed development. The determination of sensitive views and photo
locations will be based on consultation with City staff. The photo simulations may include optional
elements, such as landscaping to assess screening quality. Tasks associated with the preparation of
the photo simulations include the following:
· 3-D CADD Modeling of proposed structures (model setup)
· Scanning/editing three vantage point photos
· Scanning/editing additional site and/or vegetation photos
· 3-D CADD vantage point layout virtual rendering
· Photo imaging (merging master images and editing)
· Sheet layout and printing ("before" & "after" images with title information).
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Transportation, Circulation, and Access
Subconsultant, Linscott, Law, and Greenspan (LLG), will complete the traffic analysis under the
direction of DEA. LLG will first meet with City staff and the Development team to confirm the
EIR's project definition and will obtain prior traffic studies prepared for projects in the area. Based
on the project definition, LLG will conduct AMJPM peak hour traffic counts, determine the existing
AMIPM peak hour Levels of Service (LOS), and obtain the most recent street segment traffic
volumes using City, County, and Caltrans records. LLG will visit the project area and document
existing conditions with respect to street widths, number of lanes, traffic signal locations and
phasing, parking restrictions and special parking control measures.
LLG will then conduct a project-to-ground and plan-to-plan analysis to determine pm-project traffic
volumes at key intersections and street segments with the existing street system, add total project
traffic to the baseline condition, analyze intersections and street segments, estimate impacts, and
recommend mitigation measures as needed. In terms of cumulative traffic impacts, LLG will
determine the future year scenarios that will likely include Year 2005, 2010, 2015, 2020, and
buildout analysis. The traffic study shall focus upon the Proctor Valley Road/II Street corridors. A
Congestion Management Plan (CMP) analysis on the key arterials and freeways will also be
conducted in the cumulative traffic analysis. Additionally, LLG will conduct an access analysis for
the Development site, a Public Facilities Financing Plan (PFFP) analysis, and will evaluate traffic
impacts resulting from the Development.
The draft Traffic Technical Report will be reviewed by and subject to the approval of City staff
including staff from the Traffic Engineering Section. Comments will be provided by the City to LLG
and DEA. A final Traffic Technical Report will be prepared and summarized in the EIR. If the
proposed development has significant traffic impacts, measures will be proposed to mitigate project
impacts. A copy of the final traffic technical report will also be included as an appendix to the EIR.
Air Quality
Subconsultant Giroux and Associates will complete an analysis of air quality impacts for the EIR
under the direction of DEA based on the state and federal ambient air quality standards and on
compatibility with the adopted air quality plan for the area. Air quality impacts fall into two areas:
(1) regional impacts, and (2) localized impacts. They are principally related to traffic on area
roadways and, to a lesser extent, to large construction projects.
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Giroux and Associates will complete an ak quality analysis for the proposed project. This analysis
will involve the completion of a Caline carbon monoxide hot spot model for each circulation element
roadway based on traffic volumes developed by LLG. An arbitrary receiver will be placed at a
distance of 50 feet bom each circulation element roadway, and a potential exposure level will be
calculated.
In addition to the hot spot modeling, a regional discussion of air emissions will be developed based
on the proposed land uses. The air quality model URBEMIS will be used to project future emissions
generated by the project. This pollutant contribution will be compared to the regional air quality
conditions and an impact assessment will be made.
The modeling results will be summarized in the EIR. An air quality technical report will be prepared
by Giroux and Associates and will be included in the EIR appendices.
Noise
Subconsultant Giroux and Associates will complete an analysis of noise impacts for the E1R under
the direction ofDEA. A noise analysis will be prepared to assess potential impacts associated with
short-term construction and vehicular impacts (utilizing the projected traffic counts). The
geotechnical reports have identified the existence ofmetavolcanic rock on the site which will require
blasting for removal. The EIR will need to identify the potential construction-related noise impacts,
associated with blasting, and relate them to established City performance standards, and identify
appropriate mitigation measures, as necessary.
The results of the acoustical analysis, in the form of a technical report, will be prepared by Giroux
and Associates and provided to City staff for review. Giroux and Associates will prepare the noise
technical report in accordance with the requirements of the City of Chula Vista. City staff will
provide any comments on the acoustical analysis to DEA. The results of the acoustical analysis will
then be summarized in the EIR and the full written technical report will be included as an appendix
to the EIR.
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Cultural Resources
A cultural resources report has been conducted on the project site. The report was prepared by the
applicant's consultant and will require third patty review. Subconsultant ASM Affiliates will
perform the third party review of the cultural resources report under the direction of DEA, and will
provide the City with written comments. ASM Affiliates, under the direction of DEA, will review
subsequent drafts of the cultural resources report to ensure that all comments fi.om staff and ASM
Affiliates have been adequately addressed. The results of the final cultural resources report provided
by the applicant will be summarized in the EIR, and the full written technical report will be included
as an appendix to the EIR. The report identifies a number of sites both within the development area
and within the open space preserve. The EIR will evaluate the potential impacts identified and
recommend mitigation measures to reduce significant impacts to important resources to below a
level of significance.
Paleontological Resources
Portions of the project area lie within the Otay Formation. The Otay Formation has produced
extremely important vertebrate fossil remains and is therefore considered to possess high
paleontological resource sensitivity. Development of the proposed Precise Plan Area and TM could
result in significant impacts to these resources. The EIR will outline an appropriate mitigation
program which would reduce impacts to a level less than significant. Mitigation would include, but
not be limited to on-site monitoring during grading, recovery and salvage of remains in a timely
manner, and methods for retaining all field notes, photographs, and maps.
Biological Resources
A biological study has been conducted on the project site. The report was prepared by Affinis and
will require third party review by Subconsultant Bonterra Consulting under the direction of DEA.
The project site is presently undeveloped and is vegetated with a variety of sensitive plant and
animal species, including coastal sage scrub, native and non-native grasslands, riparian communities,
as well as sensitive plant species such as the Otay tarplant.
The 180-acre site is situated within and around an open space preserve as identified by the City of
Chula Vista' Draft MSCP Subarea Plan. The habitat and species within the site's boundaries have
r~sulted in negotiations with the Wildlife Agencies in developing a MSCP preserve boundary on the
site that also allows the site to develop. Approximately 89 acres of the 180-acre site is proposed for
natural open space preservation.
Bonterra Consulting under the direction of DEA, will provide a third-party review of the biological
resources report provided by the applicant, and, if necessary, provide comments. Bonterra
Consulting, under the direction of DEA, will review subsequent drafts of the biological resources
report to ensure that all comments from staff and Bontcrra Consulting have been adequately
4/17/02 Three-Party Agreement
Page 24
addressed. The results of the final biological report provided by the applicant will be summarized in
the EIR, and the full written technical report will be included as an appendix to the EIR.
The EIR will need to address the potential direct and indirect impacts fi.om development of the site
and identify mitigation measures which reduce significant impacts to below a level of significance.
Area Specific Management Directives for the open space will also need to be developed pursuant to
the draft MSCP Subarea Plan.
Hydrology, Drainage, and Urban Stormwater Runoff
This section of thc EIR will be prepared based on thc drainage studies provided by the project
applicants. The drainage plans will be reviewed and approved by the City of Chula Vista
Engineering Department and incorporated into the EIR. Thc scope of work includes the following:
1. Based on information provided by thc applicant prepared in conjunction with the SPA Plan
and tentative map/grading plan, determine the potential for on- and off-site hydrologic
impacts associated with the proposed project. Algo, describe any modifications to the
drainage features that would be anticipated to accommodate the proposed land use changes.
2. Describe necessary National Pollutant Discharge Elimination System (NPDES) permitting
requirements and best management practices (BMPs) based on consultation with the City of
Chula Vista Engineering Department. A list of BMPs appropriate and drainage fcc
requirements for the project will be included as mitigation measures in the EIR. Thc
mitigation measures will be developed consistent with Order No. 2001-01 (NPDES No.
CAS0108758).
Geology and Soils
The EIR will summarize the geotechnical information prepared for the Property by ICG Incorporated
in their report dated December 14, 1988 and by Shepardson Engineering in their report dated
October 1, 2001. The summary of the geotechnical reports will include the findings, conclusions,
and recommendations for the project site. DEA will summarize the geologic setting, anticipated
earth units, faults, and potential geologic hazards. Recommendations for detailed geotechnical
evaluations and possible mitigation alternatives (e.g., deep foundations, stone columns) will be
included in the EIR.
Public Services and Utilities
The EIR will document available services. A log of all contacts will be made and references will
be included in the EIR. DEA will complete the following tasks:
1. Obtain the PFFP and incorporate a discussion of phasing of facilities development into
the EIR.
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4/17/02 Page 25
2. Discuss park and recreation, library, schools, solid waste, gas, and electricity demands,
and assess the adequacy of facilities. Describe mitigation measures, if necessary.
3. Contact the City of Chula Vista Engineering Department and the project engineer to
document the current capacity/sizing of the sewer lines, current sewage generation rates for
residential use, and any additional sewer facilities in the project area that were discussed in
previous EIRs.
4. Describe the sewage to be generated by the project and discuss any potential sewer capacity
impacts and mitigation measures, if necessary.
5. Contact the Otay Water District to assess the issues associated with the provision of potable
and reclaimed water. Summarize the impact and mitigation requirements technical studies
for water and recycled water provided by the project applicants in the body of the EIR.
6. Based on review of existing documents and contact with the Chula Vista police and tim
departments, describe current and anticipated response times, facilities, and personnel.
Determine whether the project will comply with the City of Chula Vista Thresholds
Standards Policy and describe mitigation measures that would be required for the project.
The EIR analysis will address services and facilities related to sewer and water, police, fire,
emergency medical service, recreation, schools, library, solid waste disposal, gas and electricity, and
telephone and cable. Other public facilities, such as transportation and drainage facilities, will be
appropriately referenced. In addition, the need for on-site and off-site public facility improvements
will be identified, impacts to public services and utilities will be assessed, and appropriate
mitigation, if required, will be recommended. DEA will also prepare and distribute public service
letters to providers that are planned to serve the Bella Lago project. The responses to these letters, as
well as the information contained in the PFFP, will be summarized in the EIR text. No technical
report will be prepared for this issue.
Compliance with City Threshold and Standards Policy and Findings of Fact
In an effort to preserve the City's quality of life, the City adopted a Growth Management Ordinance
(Chapter 19.09 of the Municipal Code) that contains Quality of Life Threshold Standards for 11
facilities and improvements. These include fire and emergency medical service, police, traffic, parks
and recreation, drainage, libraries, air quality, economics, schools, and sewer and water. The scope
of work for this section of the EIR will include the following:
1. Describe the City's threshold goals and standards for each of the 11 facilities.
2. Based on the analyses presented in the public services and facilities section of the EIR,
summarize the project's consistency with the established thresholds standards and
determine if the requirements have been satisfied.
4/17/02 Three-Party Agreement
Page 26
Alternatives
DEA will examine a reasonable range of alternatives that could feasibly attain the basic
Development objectives, including alternatives that could reduce significant environmental effects as
identified in the environmental analysis of the project. Each alternative will be evaluated as to
potentially significant environmental effects through a quantitative comparative analysis on an issue-
by-issue basis. In addition, the CEQA mandatory "No Project" alternative will be addressed, to
include a "plan-to-ground" and "plan-to-plan" analysis. Other project alternatives will be formulated
in conjunction with City staff, and could include one reduced scale development alternative.
Cumulative Impacts
The E1R will include a discussion of potential cumulative impacts. Cumulative impacts are defined
as those which by themselves may not result in significant impacts, but when combined with similar
impacts from existing, approved but not yet built or planned projects could be cumulatively
considerable in their environmental effects, and therefore, potentially significant. Other cumulative
effects may be determined to be de minimus, and thus, not cumulatively significant. Issue areas
which are likely to be addressed in the Cumulative Impacts section of the project EIR include traffic
circulation, air quality, noise, public services and utilities, and biological resoumes. DEA will
consult with City staff to update the list of projects and/or the appropriate "universe(s)" to be
considered in the cumulative impacts analysis.
Other Mandatory CEQA Sections
DEA will address all required CEQA sections, including all sections outlined above, in addition to
other mandatory sections, including Growth Inducement and Effects Not Found to be Significant.
The Development will be evaluated for its potential to induce economic or population growth
through construction of additional housing in the surrounding environment, or by the provision of
community services and facilities to serve new development. DEA will also provide a summary of
those Effects Found Not to be Significant, with rationale provided as to how the conclusion of non-
significance was reached. Additionally, Irreversible Environmental Changes will be discussed, as
will Unavoidable Significant Impacts. The discussion of mandatory effects will be contained in the
EIR.
4/17/02 Three-Party Agreement
Page 27
Task 2: Deliverables
1. Twenty-five (25) copies of the First Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The First Screencheck Draft EIR
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 3 - Second Screencheck Draft EIR
DEA will incorporate City staff and legal counsel comments on the First Screencheck EIR and
prepare and submit twenty-five (25) copies of the Second Screencheck Draft EIR to the City for
review and comment.
Task 3: Deliverables
1. Twenty-five (25) copies of the Second Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The Second Screencheck Drafl EIR
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 4 - Third Screencheck (Administrative) Draft EIR
DEA will incorporate City staff and legal counsel comments on the Second Screencheck Draf~ EIR
and prepare and submit five (5) copies of the Third Screencheck (Administrative) Draft E1R to the
City for review and comment.
Task 4: Deliverables
1. Five (5) copies of the Third Screencheck Draft EIR and Technical Appendices,.
provided in three-ring binders. The Third Screencheck Draft EIR shall be
prepared in Microsoft Word 2000 and shall be printed at single spacing.
Task 5 - Public Review Draft EIR/NOA/NOC
DEA will incorporate City staff and legal counsel comments on the Third Screencheck
(Administrative) Draft EIR and then prepare the public review Draft EIR acceptable to the City's
Environmental Review Coordinator. DEA will also prepare the Notice of Availability (NOA) and
Notice of Completion (NOC).
Task 5: Deliverables
1. Seventy-five (75) copies each of the NOA, NOC, Draft EIR and Appendices,
including ten (1 O) copies of the documents provided in three-ring binders and the
remainder bound.
4/17/02 Thxee-Party Agreement
Page 28
Task 6- Candidate Draft CEQ~4 Findings of Fact/Statement of Overriding Considerations (SOC)
DEA will prepare Draft Candidate CEQA Findings of Fact and, if necessary, a Statement of
Overhding Considerations for review by City of Chula Vista staffand legal counsel. The Findings
will specify which mitigation measures have been incorporated into the project and those measures
that have not, and will explain why certain measures have been found to be infeasible. The Findings
will also identify feasible project alternatives that could reduce adverse environmental effects but are
not being implemented, with an explanation as to why they are considered to be infeasible.
Task 6: Deliverables
1. Five (5) copies of the draft Candidate Findings of Fact and Statement of
Overriding Considerations.
Task 7- Response to Comments/Final EIR/MMRP/NOD
Task 7a: Responses to Comments
Following the close of public review, DEA will meet with City staff and review all comments
received. DEA shall prepare draft responses to comments and associated revisions to the Draft EIR.
DEA will submit five (5) copies of the draft responses to comments and amended E]R sections to the
City for review by City of Chula Vista staff and legal counsel.
DEA shall revise the draft responses to comments and amended EIR sections based on comments
submitted by City staff and legal counsel. DEA shall then submit the revised draft responses to
comments and amended EIR sections for review by the City. Any changes to the responses to
comments and amended EIR sections shall be subject to the approval of the City's Environmental
Review Coordinator. If additional studies or analyses are requested by the City as a result of the
comments received, DEA shall complete those studies based on the receipt ofanthorization t~om the
City's Environmental Review Coordinator.
Task 7a: Deliverables
1. Five (5) copies of the draft responses to comments and associatedrevisions to the
Draft EIR
2~ Five (5) copies of the revised draft responses to comments and associated
revisions to the Draft
Three-Party Agreement
4/17/02
Page 29
Task 7b: Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Repotting Program (MMRP) will be developed at the draft EIR stage
and finalized after the close of public review. It will list and identify specific monitoring activities
that would be required on an issue-by-issue basis, and will establish a reporting system and criteria
for evaluating the success of the mitigation measures. In addition, the MMRP will outline the
appropriate time for mitigation of impacts, such as grading permits, final maps, landscape plans, or
other discretionary actions.
Task 7b: Deliverables 1. One (1) copy of the draft MMRP
2. One (1) copy of the revised draft MMRP
Task 7c: Final Candidate CEQA Findings of Fact and Statement of Overriding Considerations
Should the City determine that additional changes are needed to the draft Candidate CEQA Findings
of Fact and Statement o£Overhding Considerations as a result of the comments received during the
public review period, DEA shall revise the draft Candidate Findings of Fact and Statement of
Overriding Considerations to incorporate these changes. Any changes to the Findings of Fact and
Statement of Overriding Considerations shall be subject to the approval of the City's Environmental
Review Coordinator.
Task 7c: Deliverables
1. Five (5) copies of the final Candidate CEQA Findings of Fact and Statement of
Overriding Considerations
Task 7d: Final EIR
DEA will prepare a Final EIR, MMRP, Appendices, Candidate CEQA Findings of Fact and
Statement of Overriding Considerations (if applicable) and the Mitigation Monitoring and Reporting
Program (MMRP). DEA will provide fifty (50) copies of the final EIR and fifty (50) copies of the
EIR technical appendices to the City. DEA will also submit a full version of the Final EIR in
electronic format (Microsoft Word). In addition, a draft Notice of Determination and California
Department offish and Game (CDFG) fee certification letter for the project shall be submitted by
DEA to the City in preparation for filing with the County Clerk's office, upon project approval.
Task 7d: Deliverables
1. Fifty (50) copies of the Final EIR, MMRP, Appendices, and Candidate CEQA
Findings and Statement of overriding Considerations (if applicable), including
ten (1 O) copies of the Final EIR provided in three-ring binders and the remainder
4/17/02 Three-Party Agreement
Page 30
bound. One (1) copy of a draft NOD and CDFG fee certification letter.
2. One (1) reproducible master copy of the Final EIR suitable for reproduction on
City equipment and not three-hole punched; and One (1) computer disk copy or
CD ROM version of the Final EIR and related documents that can be read by
Microsoft Word 2000.
Task 8- Hearing/Meetings
DEA's Senior Project Manager will attend, at the direction of the City's Environmental Review
Coordinator, project team meetings throughout the Project duration. These include the following
meetings: One (1) project initiation and scoping meeting with the City, Applicant, and others; one
(1) project meeting or workshop if requested by the City; weekly meetings with City staff to discuss
the E1R and key issues as they arise; one (1) Resource Conservation Commission meeting; one (1)
Planning Commission meeting on the DEIR and one (1) Planning Commission hearing on the FEIR;
one (1) City Council hearing on the FEIR. DEA will attend a total of thirty-five (35) bi-weekly
meetings with City staff. If additional meetings are needed, they will be billed at a time and
materials basis at an agreed to cost. Additional meetings requested by the City will be considered
additional work pursuant to Section 3.2.2 of this Agreement.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: DrafiNOP and Initial Study May 1, 2002
Deliverable No. 2: Final NOP and Initial Study May 9, 2002
Deliverable No. 3: Draft Technical Reports (traffic, air quality, noise,
cultural resources, and biological resources) May 22, 2002
Deliverable No. 4 First Screencheck EIR July 8, 2002
Deliverable No. 5: Second Screencheck EIR August 20, 2002
Deliverable No. 6: Third Screencheck EIR September 20, 2002
Deliverable No. 7: Public Review Draft EIR/NOC/NOA October 14, 2002
Three-Party Agreement
4/17/02 Page 31
Deliverable No. 8: Draft Findings of Fact and Statement of October 11, 2002
Overriding Considerations
Deliverable No. 9: Draft EIR Response to Comments/MMRP December 12, 2002
Deliverable No. 10: Final EIR/MMRP/Final Findings of Fact and SOC December 26, 2002
Draft Notice of Determination/CDFG fee ltr.
Deliverable No. 11: Meetings and Hearings Per Task 8
Dates for Completion of all Consultant Services: Date of City Council final action on
enviromnental documents, or completion of all tasks to the satisfaction of the City's
Environmental Review Coordinator, whichever is later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) tentative tract maps ( ) architectural elevations (X) project description.
(X) other: Precise Plan, PFFP (if applicable), View Analysis, Technical Reports (i.e.
Geotechnical Investigation, Drainage Study, Water/Recycled Water Service Study, and
Sewer Service Study), and related documents.
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Dr. Tim Wilson
President, Bellagio Capital, Inc.
Managing Member, Bella Lago, LLC
Consultant: Karen Ruggels, Contract Manager, DEA, Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
Three-Party Agreement
4/I7/02
Page 32
( Category No. 4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale of real property.
( Category No. 5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
( Category No. 6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( Category No. 7. Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commemial General
Liability coverage).
11. Permitted Subconsultants:
Linscott, Law & Greenspan
1565 Hotel Cimle South, Suite 310
San Diego, CA 92108
(619) 299-3090
Linscott, Law, and Greenspan (LLG) will complete the traffic analysis under the direction of DEA.
Giroux and Associates
17744 Sky Park Circle, Suite 210
Irvine, CA 92714
Giroux and Associates will complete the noise analysis and air quality analysis under thc
direction of DEA.
Bonterra Consulting
151 Kalmus Drive, Suite E-200
Costa Mesa, CA 92626
4/17/02 Three-Party Agreement
Page 33
Bonterra will provide third party review of the applicant's Biological Study under the direction
of DEA.
ASM Affiliates
543 Encinitas Blvd., Suite 114
Encinitas, CA 92024
ASM will provide third party review of the applicant's cultural and archaeological study under
the direction of DEA.
Three-Party Agreement
4/17/02 Page 34
Exhibit B
Additional Recitals
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed Bella Lago Precise Plan,
Rezone, Lotting and Grading Study, and Tentative Tract Map requires the preparation of an EIR;
and
WHEREAS, it was determined by the Director of Planning and Building that staffhas
neither the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the environmental documents; and
WHEREAS, a Request for Proposal was distributed to 28 persons or firms included on
the list of qualified Environmental Consultants, and four proposals were received by the City;
and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the proposals and conduct interviews of the most qualified fn'ms based
on established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top two firms and recommended
DEA Inc. to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, the proposed contract with DEA Inc. to provide consultant services would
be in an amount not to exceed $126,782 with an additional $31,696 for additional services should
they be necessary.
Three-Party Agreement
4/l 7/02 Page 35
Exhibit C
Compensation Schedule and Deposit: Te~.rrfi$. ~td Conditions.
( ) Single Fixed Fee Arrange~gx. e.~n.~;, -
For performance of all of the Genera[~n~t Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(X) Single Fixed Fee Amount: $126,782
EIR for the Bella Lago Precise Plah, Rezone, Lotting and Grading Study, and
Tentative Tract Map.
Milestone or Event Percent and Amount
of Fixed Fee
1. Signing of this agreement by all parti~ and upon the 10% ($12,678)
request of the consultant.
2. Submittal of Initial Study and NOP 10% ($12,678)
3. Submittal of First Screencheck Environmental DocUment* 30% ($38,035)
4. Commencement of Public Review ~ 25% ($31,696).
5. Completion of Final Environmental Docllrnent 15% ($19,017)
6. Retention Percentage - See Section D. bel0~v 10% ($12,678)
7. 25% Contingency Fee** - ~ $31,696
*For purposes of payment the first screeVa:heck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A", Section 5) to the satisfaction of
the Environmental Review Coordinatorl paym~n~ shall not be made until the City's Environmental
Review Coordinator determines that a compl~te ~feencheck document has been submitted.
Three-Party Agreement
4/17/02 . Page 36
**The Environmental Review Coordinator in her discretion independently or upon request from the
Consultant, from time to time, may negotiate additional services to be performed by the Consultant
under this Agreement in order to cover unforeseen issues that may be identified during the
preparation of the environmental document ("Additional Services"). The cost of Additional Services
in connection with the environmental document shall not exceed 25% of the total contract mount
($31,696).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not he entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as heroin required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General
and Detailed Services herein required of Consultant for __ including all Materials and other
"reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative
fee amounting to 10% of the contract.
( X ) Linfitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $126,782 (plus
25% if negotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the City
Council. Nothing herein shall preclude Consultant from providing additional Services at
Consultant's own cost and expense.
~[hree-Party Agreement
4/17/02 Page 37
Consultant's Rate Schedule
Hourly
Category of Employee Rate
Project Manager $136
Environmental Planner $74
Environmental Analyst $60
Graphics/Work Processing $ 48
Three-Party Agreement
4/I7/02 Page 38
CONSULTANT'S COST BREAKDOWN
Task Total Cost
Task 1 Initial Study/Notice of Preparation
Initial Study Preparation (includes site tour, site analysis, literature review, Initial Study) $1,884
NOP Preparation $1,656
Subtotal $3,540
Task 2 Prepare Technical Reports and First Screencheck
Land use $1,456
Landform (includes photosimulations) * $17,728
Traffic (EIR section) $1,366
Traffic Impact Analysis (prepared by LLG) $17,800
Air Quality $1,246
Air Quality Analysis (prepared by G&A) $2,000
Noise $1,246
Noise Study (prepared by G&A) $2,000
Cultural Resources $1,246
Review of Technical Report (by ASM) $1,000
Paleontological Resources $792
Biological Resources $2,070
Review of Technical Reports/Preparation of Area Specific Management Directives (by
Bonterra) $13,000
Agriculture N/A
Hydrology $852
Geology $852
Public Services $2,076
Thresholds Analysis $1,836
Other Sections (includes Executive Summary, Project Description, Environmental Setting,
Cumulative Effects, Effects Found Not To Be Significant, CEQA Summary Section, Growth
Inducing Effects) $7,164
Alternatives $3,504
MMRP $1,800
Report Graphics/Word Processing $1,762
Subtotal Task 2 $82,796
Revisions to First Screencheck Draft EIR $2,030
Task 4 Second Screencheck Draft EIR
Revise documents $1,660
Task 5 Third Screencheck Draft (Administrative Draft)
Revise documents $738
Task 6 Public Review Draft EIR/NONNOC
Final Edits and Distribution $1,382
Task 7 Candidate Draft Findings and SOC
Prepare, Revise and Finalize $2,176
Task 8 Responses to Comments/Final EIPJMMRP/NOD
Prepare drafts, revise and finalize $3,704
Task 9 Meetings and Hearings
Team Meetings (includes kick-off meeting and bi-weekly team meetings) $11,630
Workshops/Hearings (includes 1 workshop, 2 Planning Commission hearings, 1 RCC
meeting, 1 City Council hearing) $2,706
Task 10 Project Coordination and Management $6,920
Subtotal EIR $119,282
Expenses $7,500
TOTAL $126,782
· Total contract amount of $126,782 includes optional photo simulation for
purposes of determining the maximum allowable contract amount should this
option be utilized.
Three-Party Agreement
4/17/02 Page 39
Materials Separately Paid For by Applicant -
Cost or Rate
Materials NA
Reports
Copies
Travel NA
Printing NA
Postage NA
Delivery NA
Long Distance Telephone Charges NA
(X) Other SANDAG Model Run Fees Actual
Deposit
(X) Deposit Amount: $126,782 As agreed to by the Applicant, 100% of the Deposit
($126,782) is to be made by Bella Lago, LLC. Applicant agrees to deposit within 10 days if
City requests to do so, a sum (estimated to be up to $3,000) for additional Materials
separately paid for by the Applicant, and up to $31,696 if additional services are required.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph
is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith
that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing fi:om the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
Three-Party Agreement
4/17/02
Page 40
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Milestone
C. City's Account Number: To be assigned after agreement is processed.
D. Security for Performance
( ) Performance Bond, $_
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Environmental Review Coordinator.
( ) Other:
Three-Party Agreement
4/17/02 Page 41
/ T£/J1
#7
April 22, 2002
TO:
The Honorable Mayor and City Counc"
"d íJ "
Dav! D. Rowlands, CIty Manage
VIA:
FROM:
SUBJECT:
Council Agenda Item 7
Attached is a revised resolution for Item 7 on the Consent Calendar regarding approval of
submittal of a grant application for State Bond Act funds from the Murray-Hayden
Program for Otay Park. The resolution in the Council packet inadvertently left out the
environmental findings.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE APPLICATION FOR LOCAL
ASSISTANCE FUNDS FROM THE MURRAY-HAYDEN PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
AND AUTHORIZING THE COMMITMENT OF 30% LOCAL
MATCHING FUNDS AND AMENDING THE FY03 ADOPTED
SPENDING PLAN AND THE CAPITAL IMPROVEMENT PROGRAM
(CIP) BUDGET TO CREATE OTAY PARK RENOVATION CIP
PROJECT AND TRANSFER $381,571 IN RESIDENTIAL
CONSTRUCTION TAX FUNDING FROM DR134 TO FUND THE
CITY'S MATCH
WHEREAS, the people of the State of California have
enacted the Murray-Hayden Program, which provides funds to the
State of California for grants to local agencies, nonprofit
organization, and federally recognized California Indian tribes for
parks, park facilities, Environmental Enhancement Projects, and
Environmental Youth Service Centers that are within the Immediate
Proximity of a neighborhood that has been identified by the
Department as having a critical lack of park or open-space lands or
Deteriorated Park Facilities, that are in an area of Significant
Poverty and unemployment, that have a shortage of service for
youth; and
WHEREAS, the California Department of Parks and
Recreation has been delegated the responsibility for the
administration of the program and the grant Project, setting up
necessary procedures; and
WHEREAS, said procedures established by the California
Department of Parks and Recreation require the Applicant's
Governing Body to certify by resolution the approval of The
Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with
the State of California for the Project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby:
1. Approve the filing of an application for local
assistance funds from the Murray-Hayden Program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000.
2. Certify that the Applicant has or
sufficient funds to operate and maintain the Project.
1
will
have
3. Certify that the Applicant has reviewed,
understands, and agrees to the General provisions contained in the
Contract shown in the Procedural Guide.
4. Certify that Grantee has or will have available,
prior to commencement of any work on the Project(s) included in
this Application, the required Match.
5. Certify that the project is consistent with the Park
and Recreation Element of the General Plan, as approved by Council
by Resolution 15176 dated July 11, 1980 and the Otay Park Master
Plan, as approved by Council by Resolution 17501 dated May 24,
1994.
6. certify that the Environmental Review Coordinator
has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted
Negative Declaration No. IS-94-21 and, therefore, no further
environmental review or documentation is necessary.
7. Appoint the Director of Building and Park
Construction as agent to conduct all negotiations, execute and
submit all documents including, but not limited to, applications
agreements, payment requests and so on, which may be necessary for
the completion of the project.
BE IT FURTHER RESOLVED that the FY03 Adopted Spending
Plan and the Capital Improvement Program (CIP) Budget are hereby
amended to create otay Park Renovation CIP Project and transfer
$381,571 in Residential Construction Tax Funding from DR134 to fund
the City's match.
Presented by
Approved as to form by
3J eM. ~ ","-
John M. Kaheny
city Attorney
Buck Martin
Director of Recreation
J, \Attorney\RESO\Murray Hayden Grant
COUNCIL AGENDA STATEMENT
Item: q
Meeting Date: 04/23/02
ITEM TITLE: Resolution approving the application for local assistance
funds from the Murray-Hayden Program under the Safe Neighborhood
Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000
and authorizing the comrmtment of 30% local matching funds and
amending the FY03 Adopted Spending Plan and the Capital
Improvement Program (CIP) budget to create Otay Park Renovation CIP
project and transfer $381,571, in Residen~ Construction Tax funding
from DR134 to fund the City s ma~r/~
SUBMITTED BY: Buck Martin, Director of Recrea~
Andy Campbell, Director of Building and Park Construction ~
John Lippitt, Director of Public X~_,~
REVIEWED BY: David D. Rowlands, City Managerx'~-/~(4/Sths Vote: Yes X No )
Competitive grant funds are available from the State of California Department of Parks and
Recreation through the Murray-Hayden Urban Parks and Youth Services Program under the Safe
Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. The
Recreation, Building and Park Construction, and Public Works Departments recommend that the
City apply for these grant funds for the renovation and upgrade of Otay Park, a heavily-used
neighborhood park in the southwest section of the City. Grant funds in the amount of $1,203,246,
in combination with $515,677 in local matching funds would be sought for the anticipated
$1,718,923 renovation of Otay Park, located at 1613 Albany Avenue.
STAFF RECOMMENDATION: That the Council approve the Resolution:
1. Authorizing the filing of an application for local assistance funds from the Murray-
Hayden Program under the Safe Neighborhood Parks, Clean Water, Clean Air and
Coastal Protection Bond Act of 2000; and
2. Certifying that the City has sufficient funds to operate and maintain the project; and
3. Certifying that the City has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide (attached as
Attachment A); and
4. Certifying that the City has or will have available, prior to commencement of any
work on the project included in the application, the required match; and
5. Certifying that the project is consistent with the Park and Recreation Element of the
General Plan, as approved by Council by Resolution 15176 dated July 11, 1989 and
the Otay Park Master Plan, as approved by Council by Resolution 17501 dated May
24, 1994;
Item: t~
Meeting Date: 04/23/02
6. Appointing the Director of Building and Park Construction as agent to conduct all
negotiations, execute and submit all documents including, but not limited to,
applications, agreements, payment requests and so on, which may be necessary for
the completion of the project; and
7. Amend the FY03 Adopted Spending Plan and the Capital Improvement Program
(C~) budget to create Otay Park Renovation Cfi? project and transfer $381,571 in
RCT funding fi.om DR134 to fund the City's match.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission
approved the submittal of this grant application at its March 27, 2002 meeting.
DISCUSSION: The intent of the Murray-Hayden Program, under the Safe Neighborhood Parks,
Clean Water, Clean Air and Coastal Protection Bond Act of 2000, is to provide grant funding to
eligible applicants for eligible capital projects, including parks, park facilities, environmental
enhancement projects, youth centers, and environmental youth service centers that are within a
one-mile radius of a neighborhood (Neighborhood Service Area) that meets the following State
Department of Parks and Recreation criteria:
· Has a critical lack of parks and/or open space, and/or deteriorated park facilities;
· Has significant poverty and unemployment; and
· Has shortage of services for youth
Eligible capital projects include acquisition and development, development, and
rehabilitation.
Under the State guidelines, the City of Chula Vista qualifies as an eligible applicant, as the City
can be defined as a "heavily urbanized city", by its location within San Diego County, which can
be considered a "heavily urbanized county" by virtue of a population in excess of 750,000.
Approximately $43,000,000 is available for competitive projects, of which at least $15,000,000 is
available for grant awards of up to $500,000 per project, with the remaining funds available for
grant awards of up to $3,000,000 per project. The local matching requirement, all of which must
come fi.om non-state monies, is 30% of the allowable project cost. The application submittal
deadline is May 1, 2002.
The Recreation, Building and Park Construction, and Public Works Departments believe the best
candidate for this very competitive grant process is Otay Park in the Otay Community. Otay Park
is an existing 4.2-acre neighborhood park located in the southwest section of the City at 1613
Albany Avenue and is need of significant improvements to upgrade the park amenities to benefit
the surrounding neighborhood. The Neighborhood Service Area is a one-mile radius circling
Otay Park. As geographical reference, this would be west to Beyer Blvd; east to Malta Avenue;
north to Palomar; and south to Palm Avenue. Council approved a master plan for the park site in
May of 1994. Funding is needed for both the development of construction documents and the
actual construct/on of the approved new park amenities. Renovation of this park is an eligible
development or rehabilitation project under the grant. This park was selected for the following
reasons:
Item: ~
Meeting Date: 04/23/02
· The current facility allows only limited use, and when rehabilitated, will provide
expanded use. The current facility has a bathroom structure that has extensive
wood rot to the roof and wall areas. The open area of Otay Park consists of a
large turf area with approximately six picnic tables. Of these picnic tables, only
one is made of cement with the others having damaged wood. There is also
playground equipment for young children;
· There is a critical lack of open space in this Neighborhood Service Area that has
a population of 37,467 per the 2000 Census Tract. In this Neighborhood Service
Area there are 1.85 acres of park and/or open space land per 1,000 residents
currently maintained for public recreation. The definition for "critical lack of
park and open space" by the Murray-Hayden Urban Parks and Youth Services
Program is less than 5 acres of park and/or open space land per 1,000 residents;
· High poverty statistics are reflected in an average of 81% of the student
population of the two closest elementary schools within the Neighborhood
Service Area that participate in the federal free lunch program per the Chula
Vista Elementary School District;
· Per the 1990 Census Tract, the unemployment average of the Neighborhood
Service Area is 9.03%;
· A significant lack of youth services prevails in the Neighborhood Service Area
since Otay Park, Otay Recreation Center, and Loma Verde Recreation Center
provide the only services in the Neighborhood Service Area;
· The Neighborhood Service Area Youth-at-Risk population is reflected by:
496 three year average juvenile arrest rate
Average of 1% teen pregnancy rate among the population of one middle
school and two high schools
Average of 4% drop-out rate among the population of middle school and
two high schools
The approved Park Master plan design development was a collaborative effort that included a
series of meetings with the adjacent residents, City administrative staff, the School Board for the
Chula Vista Elementary School District, the principal of Otay Elementary School, and the
Metropolitan Area Advisory Committee. The approved Park Master plan design responded to
park and recreation needs of the adjacent neighborhood and includes the following amenities:
· A Community Gathering place containing a plaza area, a new public restroom, a shaded
arbor for group picnics, two play areas separated by age, an elevated concrete
platform/stage area providing a venue for neighborhood cultural events
· Active Recreation Use Areas including a multi-purpose sports field and a decomposed
granite jogging path circumnavigating the park site
Attachment B shows the detailed estimate of probable cost for this project, estimated to cost
approximately $1,718,923.
Item: t-~
Meeting Date: 04/23/02
If awarded this grant, staff will bring forward to Council an appropriating resolution for the State
and local funds in FY 02-03 to fund this project for which a new proposed project will be created
as part of the City's Capital Improvement Program. Staff anticipates this park's development
process to require a minimum of six to eight months for consultant design team selection and
contract award; and a minimum of nine to twelve months for preparation, review and approval of
construction documents; and construction bidding and implementation. If the City does not
receive the grant, staff will pursue other grant opportunities or funding sources including
submittal of the project as a proposed project in the City's Capital Improvement Program.
FISC3~L IMPACT: The cost to the City will be the 30% in tocaI matching funds required by the
Murray-Hayden Program. Based on the $1,718,923 million project cost, thc City's matching
share would be $515,677. Staff has identified $134,106 in staff costs, which can be In-Kind
Services, funded by the General Fund. The remaining $381,571 can be funded by transferring
RCT monies earmarked in the FY03 adopted CIP budget & spending plan for construction of
DP, 134-Hilltop Drive Drainage Improvements, between 'T' Street and Whitney and Shasta east of
First Avenue to this project. Construction of DR134 is being deferred to FY04 since the project
is downstream of DR120-Drainage Basin east of Second Avenue and north of "H" Street, which
must be completed first. DR120 has been delayed due to right-of-way acquisition issues. Design
and right-of-way acquisition funds are still remaining in DR134. If the grant is not awarded, staff
will return to Council with recommendations to rcprogram these funds.
Attachment A - Sample Grant Contract/Procedural Guide
Attachment B - Detailed Cost Estimate Otay Park Renovation
Attachment A1
SAMPLE GRANT CONTRACT
State of California - The Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
MURRAY-HAYDEN PROGRAM
GRANTEE
PROJECT TITLE PROJECT NUMBER
PROJECT PERFORMANCE PERIOD is from through
Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the Project
description, and the State of California, acting through its Director of Parks and Recreation pursuant to the Murray-
Hayden Grant Program in the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000, agrees to fund the Project up to the total Project Grant Amount indicated.
PROJECT DESCRIPTION:
Total Project Grant Amount not to exceed $
The General and Special Provisions attached are
Grantee made a part of and incorporated into the Contract.
By
Signature of Authorized Representative
Title
STATE OF CALIFORNIA
Date DEPARTMENT OF PARKS AND RECREATION
By
By
Title Date
Date
CERTIFICATE OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER ' FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM CALSTARS VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT iCHAPTER ii STATUTE iFISCAL YEAR
T.B.A. NO. ' B.R. NO. INDEX PCA iOBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
Murray-Hoyden Procedural Guide 10/31/01 41
Attachment A2
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Act" as used heroin means the Appropriation for the Program.
2. The term "Application" as used heroin means the individual Application and its required attachments
for grants pursuant to the enabling legislation and/or Program.
3. The term "Development" as used heroin means improvements to real p~-operty by construction of
new facilities or ronovation or additions to existing facilities.
4. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this
Contract.
5. The term "Project" as used heroin means the Project described on page 1 of this Contract.
6. The term "State" as used heroin means the State of California Department of Parks and Recroation.
B. Project Execution
Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of
money (grant monies) not to exceed the amount stated on page 1, in consideration of, and on
condition that, the sum be expended in carrying out the purposes as set forth in the Description of
Project on page 1, and under the terms and conditions set forth in this Contract.
The Grantee shall assume any obligation to furnish any additional funds that may be necessary to
complete the Project. Any modification or alteration in the Project as set forth in the Application on
file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth
on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply with the California Environmental Quality Act (Public Resources Cod~,
Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.)
4. The Grantee shall comply with all applicable current laws and regulations affecting Development
Projects, including, but not limited to, legal requirements for construction Contracts, building codes,
health and safety codes, and disabled access laws.
The Grantee shall permit periodic site visits, including a final inspection upon Project completion by
the State, to determine if Development work is in accordance with the approved Project Scope.
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from
the original Project Scope in writing to the State for prior approval. Changes in the Project Scope
must be approved in writing by the State and must meet the exact need described in the original
Project Application.
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all
applicable state and local laws or ordinances affecting relocation and real property Acquisition.
Murray-Hayden Procedural Guide 10/31/01 43
Attachment A3
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and
provisions of the enabling legislation and the provisions of the Contract.
9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post
signs acknowledging the source of funds.
10. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and
demonstrate to the satisfaction of the State that the proposed Project will provide public benefits
that are commensurate with the type and duration of the interest in land, as determined by the
State, that is held by the Grantee.
11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a) (1)
of the Public Resources Code for a period that is commensurate with the type of Project and the
proportion of state funds and local Matching funds or property allocated to the Capital costs of the
Project. With the approval of the State, the Grantee, or the Grantee's successor in interest in the
property, may transfer the responsibility to maintain and operate the property in accordance with
this section. The Grantee shall use the property only for the purposes for which the grant was
made and shall make no other use or sate or other disposition of the property, except as
authorized by specific act of the Legislature. The agreements specified in this section shall not
prevent the transfer of the property from the Grantee to a public agency, if the successor public
agency assumes the obligations imposed by those agreements. If the use of the property is
changed to a use that is not permitted by the category from which the grant funds were
appropriated, or if the properly is sold or otherwise disposed of, an amount equal to (1) the
amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the
sale or other disposition, whichever is greater, shall be used by the Grantee for a purpose
authorized by that category, pursuant to agreement with the State as specified in this section, or
shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a
purpose authorized by that category. If the property sold or otherwise disposed of is less than the
entire interest in the property funded with the grant, an amount equal to either the proceeds from
the sale or other disposition of the interest or the fair market value of the interest sold or
otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose
authorized by the category from which the funds were appropriated, pursuant to agreement with
the State as specified in this section, or shall be reimbursed to the fund and be available for
Appropriation by the Legislature only for a use authorized by that category.
12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land.
The Application shall be accompanied by certification from the applicable city or county planning
agency that the Project for which the grant is requested is consistent with the park and recreation
element of the applicable city or county general plan, the District park and recreation plan, or
appropriate planning document, as the case may be, and will satisfy a high priority need. If the
Applicant is a Non-Profit Organization, the Applicant must also certify that the Project is
consistent with its Articles of Incorporation.
14. Prior to execution of the Grant Contract, Grantees that are Non-Profit Organizations shall execute
and deliver to the Department a performance bond, to accompany the Grant Contract, in the
amount equal to at least one hundred percent (100%) of the total grant funds (less Acquisition
funds if such Acquisition funds are placed into an escrow account by the Department)
guaranteeing faithful performance of the covenants and obligations of the Grant Contract.
The performance bond shall be prepared on standard bonding company forms and shall be
issued by a corporate surety authorized to transact a general surety business in the State of
California.
The performance bond must remain in full force and effect until the time the final payment is
processed on the Contract.
Murray-Hayden Procedural Guide 10/31/01 44 I'7~F/
Attachment A4
15. For Acquisition and Development Projects involving and occurring on real property held in private
ownership, the Grantee sha!l open an escrow account and provide to the Department a
preliminary title report of the property to be acquired. The Department reserves the right to
require any or all encumbrances on the title of the property to be cleared. Upon the Department's
approval of the preliminary title report, Acquisition funds shall be placed in the escrow accounL
The Grantee shall execute a promissory note in a form approved by the Department. The
amount of the promissory note shall be the total amount of the grant. The Department shall have
an enforceable lien right on the real property and any and all facilities constructed, acquired,
renovated, and/or remodeled on such real property, for the term of at least 10 years for grants up
to and including $100,000, and for the term of at least 20 years for grants exceeding $100,000.
The lien Shall be evidenced by a deed of trust approved by the Department. The Grantee shall
execute, record concurrently with the conveyance document, and deliver, along with the original
promissory note, a conformed copy of the deed of trust to the Department within 15 catendar
days from the date of Acquisition of the real property.
Should any of the following events occur, the Department may, without the consent of the
Department of General Services, foreclose upon the lien, take possession of and sell the
property:
· The owner of the real property or the facilities thereon ceases to be an eligible Grantee.
· The Grantee fails to meet any or all of the obligations or covenants of this Grant Contract.
16. For Development Projects occurring on real property held in private ownership, the Grantee, prior
to execution of the Grant Contract, shall execute and deliver to the Department a promissory note
in a form approved by the Department. The amount of the promissory note shall be the total
amount of the grant. The Department shall have an enforceable lien right on the real propert7
and any and all facilities constructed, acquired, renovated, and/or remodeled on such real
property, for the term of at least 10 years for grants up to and including $100,000, and for the
term of at least 20 years for grants exceeding $100,000. The lien shall be evidenced by a deed
of trust approved by the Department. The Grantee shall execute, record, and deliver such deed
of trust to the Department prior to the execution of this Grant Contract.
Should any of the following events occur, the Department may, without the consent of the
Department of General Services, foreclose upon the lien, take possession of and sell the
property:
· The owner of the real property or the facilities thereon ceases to be an eligible Grantee.
· The Grantee fails to meet any or all of the obligations or covenants of this Grant Contract.
C. Project Costs
The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows:
1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant
monies as follows, but not to exceed, in any event, the total State Grant Amount set forth on page 1
of this Contract:
a. Up to a ten percent advance of the total Project Grant Amount.
b. After the property is in escrow, the Grantee may request up to 80% of the Project Grant
Amount as specified in the approved Application, or 100% of the actual Acquisition cost,
whichever is less. The Grantee shall immediately place these funds in escrow.
c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completing of the Project and receipt of a detailed
summary of Project costs from the Grantee.
Murray-Hayden Procedural Guide 10/31/01 45 O
Attachment A5
2. The State ma}, disburse to the Grantee the grant monies as follows, but not to exceed in any event
the total Project Grant Amount set forth of page 1 of this Contract:
a. Up to a ten percent advance of the total Project Grant Amount.
b. On proof of award of a construction Contract or commencement of construction by Force
Account, up to eighty percent of the total Project Grant Amount, or the actual cost,
whichever is less.
c. Remaining grant funds shall be paid up to the amount of the grant or the actual Project cost,
whichever is less, on completion of the Project and receipt of a detailed summary of Project
costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit wdtten Project reports as the State may request.
In any event, the Grantee shall provide the State a report showing total final Project expenditures.
2. The Grantee shall make properly and facilities developed pursuant to this Contract available for
inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for
the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies in a separate interest beadng
account, setting up and identifying such account pdor to the advance. Interest earned on grant
monies shall be used on the Project or paid to the State. If grant monies are advanced and not
expended, the unused portion of the grant shall be returned to the State within 60 days of completion
of the Project or end of the Project Performance Period, whichever is earlier.
5. The Grantee shall use income eamed by the Grantee from use of the Project to further Project
purposes, or, if approved by the State, for related purposes within the Grantee's jurisdiction.
E. Project Termination
1. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the
Project After Project commencement this Contract may be rescinded, modified or amended only by
mutual agreement in writing between the Grantee and the State.
2. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act
may be cause for suspension of all obligations of the State hereunder.
3. Failure by the Grantee to comply with the terms of this Contract shall not be cause for the
suspension of all obligations of the State hereunder if in the judgment of the State such failure was
due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any
irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract.
Murray-Hayden Procedural Guide 10/31/01 46 ~ -~ q
Attachment A6
4. Because the benefit to be dedved by the State, from the full compliance by the Grantee with the
terms of this Contract, is the preservation, protection and net increase in the quantity and quality of
parks, public recreation facilities and/or historical resources available to the people of the State of
Califomia and because such benefit exceeds to an immeasurable and unascertainable extent, the
amount of money fumished by the State by way of grant monies under the provisions of this
Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the
amount of the grant monies disbursed under this Contract by the State would be inadequate
compensation to the State for any breach by the Grantee of this Contract. The Grantee further
agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this
Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State.
5. The Grantee and the State agree that if the Project includes Development, final payment may not be
made until the Project conforms substantially to this Contract.
F. Hold Harmless
1. The Grantee shall waive all claims and recourse against the State including the dght to contribution
for loss or damage to persons or property arising from, growing out of or in any way connected with
or incident to this Contract except claims arising from the concurrent or sole negligence of the State,
its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees
against any and all claims, demands, damages, costs, expenses or liability costs arising out of the
Acquisition, Development, construction, operation or maintenance of the property described as the
Project which claims, demands or causes of action adse under Government Code Section 895.2 or
otherwise except for liability adsing out of the concurrent or sole negligence of the State, its officers,
agents, or employees.
3. The Grantee agrees that in the event the State is named as codefendant under the provisions of
Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall
represent the State in the legal action unless the State undertakes to represent itself as codefendant
in such legal action in which event the State shall bear its own litigation costs, expenses, and
attorney's fees.
4. The Grantee and the State agree that in the event of judgment entered against the State and the
Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or
employees, an apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees
against any and all claims, demands, costs, expenses or liability costs arising out of legal actions
pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely
responsible for compliance with items to which it has certified.
Murray-Hayden Procedural Guide 10/31/0I 47 ~J ~ 1 0
Attachment A7
G Financial Records
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project
and to make them available to the State for auditing at reasonable times. The Grantee also agrees
to retain such financial accounts, documents and records for three years following Project
termination or completion.
The Grantee and the State agree that during regular office hours each of the parties hereto and their
duly authorized representatives shall have the right to inspect and make copies of any books,
records or reports of the other party pertaining to this Contract or matters related thereto. The
Grantee shall maintain and make available for inspection by the State accurate records of all of its
costs, disbursements and receipts with respect to its activities under this Contract.
3. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. The Grantee shall maintain and operate the property developed for a period commensurate with
the type of Project and the proportion of State grant funds and local funds allocated to the Capital
costs of the Project, as determined by the State.
I. Nondiscrimination
1. - The Grantee shall not discriminate against any person on the basis of sex, race, color, national
origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility
developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to the
extent that reasonable differences in admission or other fees may be maintained on the basis of
residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special
provisions of this Project Contract or under provisions of the enabling legislation and/or Program.
J. Application Incorporation
The Application and any subsequent change or addition approved by the State is hereby
incorporated in this Contract as though set forth in full in this Contract.
K. Severability
If any provision of this Contract or the Application thereof is held invafid, that invalidity shall not affect
other provisions or Applications of the Contract which can be given effect without the invalid provision
or Application, and to this end the provisions of this Contract are severable.
Murray-Hayden Procedural Guide 10/31/01 48 q ~ II
Attachment B1
Attachment B2
O0
Attachment B3
Attachment B4
0 0
April22,2002
TO: The Honorable Mayor and City Counc~ ~
//\/
VIA: David D. Rowlands~, Man
City ag/~r/,/~
FROM: Buck Martin, Director of Recre~
SUBJECT: Council Agenda Item 7
Attached is a revised resolution for Item 7 on the Consent Calendar regarding approval of
submittal of a grant application for State Bond Act funds from the Murray-Hayden
Program for Otay Park. The resolution in the Council packet inadvertently left out the
environmental findings.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE APPLICATION FOR LOCAL
ASSISTANCE FUNDS FROM THE MURRAY-HAYDEN PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
AND AUTHORIZING THE COMMITMENT OF 30% LOCAL
MATCHING FUNDS AND AMENDING THE FY03 ADOPTED
SPENDING PLAN AND THE CAPITAL IMPROVEMENT PROGRAM
(CIP) BUDGET TO CREATE OTAY PARK RENOVATION CIP
PROJECT AND TRANSFER $381,571 IN RESIDENTIAL
CONSTRUCTION TAX FUNDING FROM DR134 TO FUND THE
CITY'S MATCH
WHEREAS, the people of the State of California have
enacted the Murray-Hayden Program, which provides funds to the
State of California for grants to local agencies, nonprofit
organization, and federally recognized California Indian tribes for
parks, park facilities, Environmental Enhancement Projects, and
Environmental Youth Service Centers that are within the Immediate
Proximity of a neighborhood that has been identified by the
Department as having a critical lack of park or open-space lands or
Deteriorated Park Facilities, that are in an area of Significant
Poverty and unemployment, that have a shortage of service for
youth; and
WHEREAS, the California Department of Parks and
Recreation has been delegated the responsibility for the
administration of the program and the grant project, setting up
necessary procedures; and
WHEREAS, said procedures established by the California
Department of Parks and Recreation require the Applicant's
Governing Body to certify by resolution the approval of The
Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with
the State of California for the Project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby:
1. Approve the filing of an application for local
assistance funds from the Murray-Hayden Program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000.
2. Certify that the Applicant has or
sufficient funds to operate and maintain the Project.
will
have
1
3. Certify that the Applicant has reviewed,
understands, and agrees to the General provisions contained in the
Contract shown in the Procedural Guide.
4. Certify that Grantee has or will have available,
prior to commencement of any work on the Project(s) included in
this Application, the required Match.
5. Certify that the project is consistent with the Park
and Recreation Element of the General Plan, as approved by Council
by Resolution 15176 dated July 11, 1980 and the Otay Park Master
Plan, as approved by Council by Resolution 17501 dated May 24,
1994.
6. Certify that the Environmental Review Coordinator
has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted
Negative Declaration No. IS-94-21 and, therefore, no further
environmental review or documentation is necessary.
7. Appoint the Director of Building and Park
Construction as agent to conduct all negotiations, execute and
submit all documents including, but not limited to, applications
agreements, payment requests and so on, which may be necessary for
the completion of the project.
BE IT FURTHER RESOLVED that the FY03 Adopted Spending
Plan and the Capital Improvement Program (CIP) Budget are hereby
amended to create Otay Park Renovation CIP Project and transfer
$381,571 in Residential Construction Tax Funding from DR134 to fund
the City's match.
Presented by
Approved as to form by
'J'lcrw. ~ ¡',"-
John M. Kaheny
city Attorney
Buck Martin
Director of Recreation
J, \Attorney\RESO\Murray Hayden Grant
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE APPLICATION FOR LOCAL
ASSISTANCE FUNDS FROM THE MURRAY-HAYDEN PROGRAM
UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
AND AUTHORIZING THE COMMITMENT OF 30% LOCAL
MATCHING FUNDS AND AMENDING THE FYO3 ADOPTED
SPENDING PLAN AND THE CAPITAL IMPROVEMENT PROGRAM
(CIP) BUDGET TO CREATE OTAY PARK RENOVATION CIP
PROJECT AND TRANSFER $381,571 IN RESIDENTIAL
CONSTRUCTION TAX FUNDING FROM DR134 TO FUND THE
CITY'S MATCH
WHEREAS, the people of the State of California have
enacted the Murray-Hayden Program, which provides funds to the
State of California for grants to local agencies, nonprofit
organization, and federally recognized California Indian tribes for
parks, park facilities, Environmental Enhancement Projects, and
Environmental Youth Service Centers that are within the Immediate
Proximity of a neighborhood that has been identified by the
Department as having a critical lack of park or open-space lands or
Deteriorated Park Facilities, that are in an area of Significant
Poverty and unemployment, that have a shortage of service for
youth; and
WHEREAS, the California Department of Parks and
Recreation has been delegated the responsibility for the
administration of the program and the grant Project, setting up
necessary procedures; and
WHEREAS, said procedures established by the California
Department of Parks and Recreation require the Applicant's
Governing Body to certify by resolution the approval of The
Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a Contract with
the State of California for the Project.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby:
1. Approve the filing of an application for local
assistance funds from the Murray-Hayden Program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000.
2. certify that the Applicant has or
sufficient funds to operate and maintain the Project.
1
will
have
'{-/(p
3. Certify that the Applicant has reviewed,
understands, and agrees to the General Provisions contained in the
Contract shown in the Procedural Guide.
4. Certify that Grantee has or will have available,
prior to commencement of any work on the Project(s) included in
this Application, the required Match.
5. Certify that the project is consistent with the Park
and Recreation Element of the General Plan, as approved by Council
by Resolution 15176 dated July 11, 1980 and the Otay Park Master
Plan, as approved by Council by Resolution 17501 dated May 24,
1994.
6. Certify that the Environmental Review Coordinator
has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted
Negative Declaration No. IS-94-21 and, therefore, no further
environmental review or documentation is necessary.
7. Appoint the Director of Building and Park
Construction as agent to conduct all negotiations, execute and
submit all documents including, but not limited to, applications
agreements, payment requests and so on, which may be necessary for
the completion of the project.
BE IT FURTHER RESOLVED that the FY03 Adopted Spending
Plan and the Capital Improvement Program (CIP) Budget are hereby
amended to create Otay Park Renovation CIP Project and transfer
$381,571 in Residential Construction Tax Funding from DR134 to fund
the City's match.
Presented by Approved as to form by
Buck Martin John M. Kah~ny 0
Director of Recreation City Attorney
J: ~Attorney~RESO~Murray Hayden Grant
COUNCIL AGENDA STATEMENT
Item
Meeting Date 04/23/02
ITEM TITLE: A PUBLIC HEARING TO CONSIDER ADOPTION OF AN
URGENCY ORDINANCE AMENDING CHAPTER 3.50 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN
THE PUBLIC FACILITIES DEVELOPMENT iMPACT FEES
(PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN
THE CITY OF CHULA VISTA.
AN URGENCY ORDINANCE NO. 2855-B OF THE CITY OF
CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO
UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE (PFDIF) TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL
PLAN AREA BOUNDARY.
(4/5ths Vote: Yes ~X No
SUBMITDED BY: Director of Budget and Analysis
REVIEWED BY: City Manager
BACKGROUND:
On March 26, 2002, Council approved Urgency Ordinance No. 2855-A, which is effective
for thirty days only, amending Chapter 3.50 of the Chula Vista Municipal Code to
increase Public Facilities Development Impact Fees (PFDIF) from $2,618 to $4,888 per
equivalent dwelling unit. The Urgency Ordinance contained other minor amendments to
Municipal Code Chapter 3.50, as detailed in "Public Facilities DIF, 2002 Update", and as
presented to Council at the regular meeting on March 26, 2002. Adoption of the
proposed Urgency Ordinance 2855-B will enable the City to continue to collect the
updated fees during the 60-day waiting period before Ordinance 2855 becomes
effective.
RECOMMENDATION: That City Council adopt an urgency ordinance amending various
sections of Chapter 3.50 of the Chula Vista Municipal Code to include increasing the
total Public Facilities Impact Fees from $2,618 to $4,888, effective for a period of thirty
(30) days from the date of adoption.
BOARDS AND COMMISSIONS: Presentations were made to the Chula Vista
Economic Development Commission, the Growth Management Oversight Commission,
and the Housing Advisory Commission. Staff answered all questions of these boards
and commissions, but did not seek endorsements.
Page 2, Item ~'
Meeting Date 04/23/02
DISCUSSION:
This discussion represents a brief recap of mom detailed information contained in the
"Public Facilities DIF, 2002 Update".
Public Facilities Development Impact Fee Increase: Overall, projects included in the
PFDIF total slightly more than $265 million, of which 68%, or $181 million is the
responsibility of the PFDIF program. To date, approximately $40 million in fee and
interest revenue has been collected. The proposed impact fee is calculated solely on
the PFDIF's remaining obligation for project costs.
Thirty-one percent of project costs ($82 million) is the City's share for correcting pre-
existing deficits and for joint-impetus projects. Approximately 33% ($27.1 million) of the
City share has already been expended. The remaining City share will be paid over the
next 20-30 years. The largest remaining component of that share will be the Police
Facility.
The PFDIF is proposed to increase from $2,618 to $4,888, an increase of $2,270 per
equivalent dwelling unit. The proposed increase for commercial/industrial development
is also shown below. The fee increase, adjusted for financing costs and earned interest,
is broken down as follows:
PFDIF Component Current New Fee Change
Fee per EDU
Civic Center $480 $1,202 + $722
Police $735 $1,635 + $900
Corporation Yard $386 $707 + $321
Libraries $638 $716 + $78
Fire Suppression System $203 $449 + $246
Administration $134 $149 + $15
GIS, Computer Systems, Records
Management System, Telecommunications $42 $30 - $12
Residential $2,618 $4,888 + $2,270
Commercial/Industrial $13,090 $20,860 + $1,554~
~ Commercial/industrial is assessed at the rate of 5 EDUs per acre. The table presents the increase per
acre, expressed as a "per EDU" increase ($20,860 - $13,090 = $7,770 ? 5 = $1,554/EDU).
Page 3, Item ~
Meeting Date 04/23/02
DISCUSSION (continued):
Major component changes are highlighted below.
Police Facilities and Equipment Component: The fee is proposed to increase from
$735 per EDU to $1,635 per EDU, representing the largest increase of any component.
The increase is attributable to revised estimates supported by more detailed information
now available from the new Police Facility Master Plan, in the key areas of building
construction, design, project management and construction administration. A change in
facility location also increased site acquisition costs.
The new Master Plan, approved by City Council in July 2001, reflects increased staffing
requirements generated by higher-than-expected call for service demand in newly
developed areas. The Master Plan also added new planned facilities such as a
quartermaster area, a larger shod-term holding space, and an indoor vehicle exam area.
These significant cost increases required the financing period for the new facility to be
increased from 20 to 30 years, further contributing to the fee increase.
The police facility will be constructed as a design-build project with future project costs
not expected to change significantly, with the possible exception of changes in borrowing
rates in the very near future. The PFDIF share of the new Police Facility has been
capped at 48.5% of the basic $63 million project, plus applicable financing charges. The
cap does not include extraordinary costs (costs that could not be reasonably foreseen at
the time the project budget was developed, such as the significant increase in insurance
costs after 9/11), possible inflationary changes, and extraordinary EDU changes as
defined in the following "Prepayment of Fees" section.
Civic Center Expansion Component: The $722 increase in this fee component is
attributable to increases in construction-related costs similar to those for the Police
Facility, and costs not included or underestimated in the 1997 Civic Center Master Plan,
but identified in the more detailed Master Plan update, approved by Council in July 2001.
Increases reflect added costs to relocate Fire Station #1, rewiring and
telecommunication upgrades particularly in the existing Police building, and additional
modifications to common and public a~eas. Financing costs for the Civic Center
expansion add significantly to the overall project. It is important to note that the proposed
fee increase also incorporates a number of cost savings due to re-use of the vacated
police building and reductions in square footage and parking-related needs.
Corporation Yard: The fee is proposed to increase from $386 to $707 per EDU,
primarily reflecting increases in site preparation requirements, and the addition of 11,000
square feet of office space to accommodate the staff to be relocated from the Civic
Center. The PFDIF share of the new corporation yard has been capped at 47.1% of the
basic $35.1 million project cost, plus applicable financing costs.
Page 4, Item ~'
Meeting Date 04~23~02
DISCUSSION (continued):
Libraries: The fee for the Library component is proposed to increase from $638 to $716
per EDU, principally attributable to spreading costs only to residential units. Previously,
library costs had been spread to both residential and commercial/industrial land uses,
which lowered the cost per EDU. The update reflects changes in library usage since the
1990's.
The full Library component fee increase has, however, been partially offset and may be
reduced even further. The City will be submitting a State Libraries grant application for
the Rancho del Rey library (under Proposition 14). If obtained, the grant would pay for
65% of construction costs, thereby providing an offset to the PFDIF of $4.4 million. The
proposed fee already incorporates half of this projected offset. Future fee adjustments
will depend on whether the grant is awarded.
Fire Suppression System: The fee is proposed to increase from $203 to $449 per
EDU. The increase primarily reflects updated construction costs for future fire stations
and a 51% increase in the cost of fire apparatus. There were no additional costs for
external financing.
Administration: The fee is proposed to increase by $15 per EDU. The major factors in
this change include an enhanced need to develop financial tracking systems for the
various building projects detailed above.
Prepayment of Fees:
As requested by developers it is proposed that, at the discretion of the City Manager,
developers be allowed to prepay the Police Facility component fee at a reduced rate of
$865 per EDU, and/or to prepay the Civic Center Expansion component fee at a reduced
rate of $708 per EDU. The prepaid fee is lower than the standard fee because it does
not include financing. However, since financing costs are removed from both the
prepaid fee and the total project cost, the standard fee remains unchanged for
developers who do not elect to prepay~
The prepaid EDU fee will be adjusted to account for any of the following events:
· Extraordinary costs as defined previously;
· A change in EDU totals in excess of 2,000 EDUs, which would have a
substantial effect on fee levels;
Page 5, Item 4~
Meeting Date 04/23/02
DISCUSSION
Prepayment of Fees (continued):
· Normal annual adjustments that are not already incorporated into
project totals. Such adjustments would be for inflation according to
the Consumer Price Index (CPI) as published by the Bureau of Labor
Statistics, or for construction costs increases according to the Building
Construction index (BCI) as published by the ENR.
Prepayment of Police Facility fees must be made to the City Finance Department by
May 3, 2002. Civic Center Expansion fees must be paid by May 17, 2002 by all
interested developers/builders, except for developers and builders of "future
developments". ("Future developments" are defined as those for which n~o permits had
been pulled by May 17, 2002). Future developments may prepay Civic Center fees in a
lump sum on the date their first permit is pulled, up to June 30, 2003, which is three
months prior to the date the City intends to solicit financing for the Civic Center project.
Prepayment represents a drawdown account - not a fixed number of EDUs. Should the
prepayment fee be increased for any of the reasons cited above, the number of EDUs
covered by the drawdown account will similarly change.
As with all other PFDIF fund balances, the City will retain any earned interest on the
prepaid funds, to be used for any allowable PFDIF purpose.
Developers who transfer all or any portion of a remaining prepayment for use by a
merchant builder, must notify the City in writing of the transfer before the merchant
builder will be allowed to draw down the prepayment balances.
As part of the prepayment process, an agreement stipulating to the terms above, must
be entered into with the City.
Recreation Facilities: The addition of a new PFDIF component to fund public
recreation facilities has not been included with this update pending further study and
adoption of the Parks Master Plan. The master plan was accepted by the Parks and
Recreation Commission on Mamh 27, 2002 with a recommendation to go forward to
Council.
City staff have determined that the Park Acquisition and Development (PAD) fee,
calculated in 1991, has for some time been insufficient to meet the costs of planned
major recreation facilities such as community centers, gymnasiums, and swimming
pools. These facilities are needed to serve the growing City population due to new
development.
Page 6, Item ~4~
Meeting Date 04~23~02
DISCUSSION
Recreation Facilities (continued):
Staff have also determined that funds to pay for those facilities may be more suitable for
collection through the PFDIF than through the PAD. Developers were informed of the
City's intention to establish the new PFDIF component in October 2001. At that time,
staff and developers agreed to delay discussions on the new Recreation Facilities
component until after an update of the existing 10 components (the subject of this report)
was adopted by the City Council. Discussions concerning the new Recreation Facilities
component are targeted to commence in late April 2002. When implemented, the new
Recreation Facilities fee will not be spread to commercial/industrial development due to
the absence of an appropriate nexus.
Affordable Housing
The Housing Advisory Commission (HAC) has raised concerns with regard to the
impacts of a significant fee increase on affordable housing project costs. Municipal
Code section 3.50.070 currently allows developers of Iow and/or moderate-income
housing projects to prepay up to 500 EDUs as approved by the City Manager. Staff
have been working with the Housing Division to ensure that developers of affordable
housing projects that are planned to commence before March 2005 (a 3-year period),
will be able to lock in the existing fee rate ($2,618 per EDU) and to pay said fees over a
5-10 year period. Because housing costs and thus related fees are projected to rise
over the long term, it is expected that the HAC will develop proposals for future Council
consideration which would help offset fee increases that occur after March 2005.
URGENCY:
It is necessary that the City's development impact fee increases for public facilities go
into effect immediately in order that all developers of properties in the Eastern territories
of the City pay their fair share of the cost of public facilities improvements relating to the
impacts caused by their development. In addition, GMOC thresholds call for timely
analysis of development impact fee activity, including fee adjustments, to ensure that
funding is available when facilities need to be built. Furthermore, immediate
implementation of this fee increase is necessary due to the current and immediate threat
to public safety that will result should there be a shortfall in the amount of money
necessary to pay for the various needed public facilities, thereby resulting in a decline in
police and fire service levels. The prospect of a shorffall and the inadequacy of public
safety facilities constitute a current immediate threat to the public health, welfare and
safety justifying the immediate imposition of this fee.
Page 7, Item ~
Meeting Date 04~23~02
FISCAL IMPACT:
Staff recommends increasing the total Public Facilities Development Impact Fee by
$2,270 - from $2,618 to $4,888 per EDU. Current and future projects included in the
PFDIF total $265,109,171 of which 68% ($181,086,819) is the responsibility of the
PFDIF program. To date, 24% or $50,471,027 of the PFDIF obligation, including earned
interest, has been paid.
Financing: Of the four major building projects that are planned to commence between
2002 and 2006, the PFDIF share for the new Police Facility and the Civic Center
expansion will require external financing. Conversely, the PFDIF obligation for the
Rancho del Rey Library and the Otay Ranch Village 2 Fire Station are planned to be
directly financed from fund balances, as are all building projects targeted for 2006 and
beyond.
Currently, the annual PFDIF debt service is $1.5 million. By the year 2004, the PFDIF
debt service is projected to rise to $3.3 million, and reach $5.7 million in 2006. The
annual PFDIF debt service will be approximately $4.2 to $5.5 million through the year
2022 for all projects. Police Facility debt service will extend to 2030 at approximately
$1.8 million annually.
At the direction of the Assistant City Manager, staff conducted a "worst case" growth
scenario to assess the City's risk should development slow. The study concluded that at
the new fee level, the City could withstand a significant slowdown in building activity
(down to approximately 1,000 EDUs per year) over several years. Such a slump would,
of course, necessitate a change in project phasing and a fee adjustment to account for
lower interest earnings on PFDIF fund balances.
ORDINANCE NO. 2855-8
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN
THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
WHEREAS, the City Council has placed Ordinance 2855 on its second
reading which will increase the development impact fee to finance public facilities
within the City of Chula Vista; and
WHEREAS, pursuant to Government Code Section 66017(a), the fees
increased by that ordinance will not become effective until sixty (60) days after its
second reading; and
WHEREAS, developments in the City which will impact various public
facilities will be applying for building permits during the interim period before the
development impact fee increase becomes effective; and
WHEREAS, Government Code Section 66017(b) authorizes the City to
adopt an interim fee as an urgency measure upon making a finding describing
the current and immediate threat to the public health, welfare, and safety; and
WHEREAS, state law requires said urgency ordinance to be adopted by a
four-fifths vote; and
WHEREAS, cost estimates for the current list of needed public facilities,
have been updated; and
WHEREAS, new master plans for the police facility and civic center
expansion - the two most costly PFDIF projects - were approved by Council on
July 17, 2001, containing updated costs that necessitate a fee increase; and
WHEREAS, current developers of low/moderate-income housing may
need to defer or prepay impact fees at the current rate for up to 500 EDUs, in
order to financially protect the public-purpose project;
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION 1: FINDINGS
The City Council finds that developers of land within Chula Vista's General
Plan area boundary should be required to mitigate the burden created by
development through the payment of an impact fee for construction of public
facilities within the boundaries of the development and for public facilities outside
the boundaries of the development which are needed to provide service to the
development in accordance with City standards; and
~,g
The City Council finds that the legislative findings and determinations set
forth in Ordinance No. 2810 continue to be true and correct and incorporate
those findings herein; and
The City Council finds, after consideration of the evidence presented to it
including the "Public Facilities DIF, 2002 Update", that certain amendments are
necessary in order to assure that there are sufficient funds available to finance
police and fire facilities necessary to maintain public safety service levels; and
The City Council finds, based on the evidence presented at the meeting,
the City's General Plan, and the various reports and information received by the
City Council in the ordinary course of its business, that the imposition of public
facilities impact fees on ail development in the eastern territories for which
building permits have not been issued is necessary in order to protect the public
health, safety and welfare and in order to assure effective implementation of the
City's General Plan; and
The City Council finds that the amount of the amended fees levied by this
ordinance does not exceed the estimated cost of providing the public facilities.
SECTION 2: Finding of Urgency
That the City Council of the City of Chula Vista finds that it is necessary
that its development impact fee update for public facilities remain in effect on an
urgency basis for an additional thirty (30) days pending adoption of Ordinance
2855 sixty (60) days after its second reading. The City Council finds that an
Urgency Ordinance is necessary in order that all developers of properties in the
eastern section of the City pay their fair share of the cost of public facilities
improvements relating to the impacts caused by their development. Ongoing
implementation of this fee is necessary due to the current and immediate threat
to public safety that will result should there be a shortfall in the amount of money
necessary to pay for the various public facilities thereby resulting in a decline in
police and fire service levels. The City Council finds that the prospect of a
shortfall, inadequacy of public safety facilities and concerns about an increased
charge to remaining property owners constitutes a current immediate threat to
the public health, welfare and safety justifying the immediate imposition of this
fee.
SECTION 3: That Sections 3.50.020, 3.50.030, 3.50.050, 3.50.070, and
3.50.090 of the Chula Vista Municipal Code shall be amended to read as follows:
3.50.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be
construed as defined in this section, unless from the context it appears that a
different meaning is intended.
A. "Building permit" means a permit required by and issued pursuant to the
Uniform Building Code as adopted by reference by this city.
B. "Developer" means the owner or developer of a development.
C. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the city.
D. "Development project" or "development" means any activity described as
the following:
1. Any new residential dwelling unit developed on vacant land;
2. Any new commercial/office or industrial development
constructed on vacant land;
3. Any expansions to established developments or new
developments on non-vacant land in those land use categories
listed in 1 and 2 above, if the result is a net increase in EDUs.
The fee shall be based solely on this net EDU increase.
4. Any new or expanding special land use project;
5. Any special purpose project developed on vacant land or non-
vacant land, or expanded within a pre-existing site, if the result
is a net increase in EDUs. The fee shall be based solely on this
net EDU increase.
6. Any other development project not listed above but described in
Section 65927 and 65928 of the State Govemment Code.
E. "Community purpose facility" means a facility which serves one of the
following purposes:
1. Social service activities, including such services as Boy Scouts
and Gid Scouts, Boys and Gids Club, Alcoholic Anonymous and
services for the homeless;
2. Public schools;
3. Private schools;
4. Daycare;
5. Senior care and recreation;
6. Worship, spiritual growth and development;
F. "Special land use" means any non-residential, non-commemial/office or
non-industrial development project (e.g. Olympic Training Center,
hospitals, utilities), or non-special purpose project.
G. "Special purpose project" means any for-profit community purpose facility
(e.g. daycare).
H. "Engineer report" refers to the April 20, 1993 "development impact fees for
public facilities" report.
I. "Extraordinary proiect cost increases" means increases resulting from
costs that could not have been reasonably foreseen at the time a project
budget was established.
J. "Extraordinary EDU change" means an increase or decrease in the
number of remaining planned equivalent dwelling units (EDUs) for which
building permits have not yet been pulled, which changes the existing total
by more than 2,000 EDUs.
3.50.030 Public Facilities to be Financed by the Fee.
A. The public facilities ("facilities") which are the subject matter of the fee
include buildings, equipment and related one-time start-up costs or
portions thereof, as detailed in Subsection C below and in the engineer
report on file in the office of the city clerk.
B. The city council may modify or amend this list of facilities by written
resolution in order to maintain compliance with the city's general plan or
the capital improvement program.
C. The facilities are as follows:
1. Civic Center Expansion
2. Police Department Facilities and Equipment
3. Corporation Yard Relocation/Expansion
4. Library System Expansion
5. Fire Suppression System Expansion
6. Geographic information system cc,m,p.'-'tcr =y.~tcm expansion;
7. Computer system expansion;
~. 8__. Telecommun~cabon system ~,~ .... expansion;
~ 9_~. Records management system expansion.
3.50.050 Establishment of Fee.
A development impact fee ("fee"), to be expressed on a per equivalent dwelling
unit ("EDU") basis, is hereby established to pay for the facilities within the
territory. The fee shall be paid upon the issuance of building permits for each
development project within the city of Chula Vista, except that, at the discretion of
the city manager, a developer may prepay all or part of civic center expansion
and/or police facilities fees that would be applicable to the developer's future
development projects. Prepayment would occur at the then current rate;
however, the developer has sole responsibility for paying subsequent feP.
increases resultinq from (1) "extraordinary project cost increases", (2) normal
annual adjustments in the Consumer Price Index (CPI) or Buildinq Construction
Index (BCI), or (3) "extraordinary EDU changes".
3.50.070 Time to Determine Amount Due.
The fee for each development shall be calculated at the time of building permit
issuance and shall be the amount as indicated at that time, and not when the
tentative map or final map were granted or applied for, or when the building
permit plan check was conducted, or when application was made for the building
permit, except that a developer of a development project providing Iow and/or
moderate-income housing in accordance with Section III, Objective 1 of the 1991
housing element of the general plan may request authorization to prepay or defer
the fee for up to 500 EDUs and said request may be approved at the sole
discretion of the city manager. ' ' .............
order to facilitate those Iow and/or moderate-income projects which are planned
for construction through March 24, 2005, the fee for said projects shall be the fee
existing as of March 25, 2002.
3.50.090 Amount of Fee.
A. The fee shall be the amounts set forth in Section 3.50.090.B and C. The
city council may adjust the amount of this fee as necessary to reflect
changes in the costs of the facilities as may be reflected by such index as
the council deems appropriate, such as the Engineering-News Record
Construction Index, or such other basis; changes in the type, size, location
or cost of the facilities to be financed by the fee, changes in land use
designation in the city's general plan, and upon other sound engineering,
financing and planning information. Adjustments to the fee may be made
by resolution amending this section.
B. The fee shall have portions which are, according to the engineer report,
allocated to a specific facility ("fee components") which correspond to the
costs of the various facilities, plus the administration cost for the fee,
which is a percentage of the fee components' total cost divided by total
EDUs, as indicated in Section 3.50.090.
C. The fee shall be the following, depending on land use:
Land Use Fee
Residential $,-,,~° ~o,~, 4,888/dwelling unit
Commercial/Office ~, ..,,...,. ~ ~ 20,860/acre
Industrial ~, ..,,.-.,~ nn~ 20,860/acre
Special land use ~ ~ nnn
, .-,....,. 20,860/acre
Olympic Training Center ,~,..,~ '~'~.. 6,11 O/acre
Public purpose Exempt
Nonprofit community
purpose facility Exempt
Special purpose project,
including for-profit day care :77884 14,664/acre
SECTION 4: Time limit for protest and iudicial action
Any judicial action or proceeding to attack, review, set aside, void or annul
this ordinance shall be brought within the time period as established by law.
In accordance with Government Code Section 66020(d)(1), the ninety-day
approval period in which parties may protest begins upon the effective date of
this ordinance.
SECTION 5: Expiration of this urqency ordnance
This urgency ordinance shall be of no further force and effect 30 days
after its adoption.
SECTION 6: Effective Date
This urgency ordinance shall become effective immediately upon four-
fifths vote.
Presented by Approved as to form by
Cheryl;Fruchter '~ ,,./J John M. Kahe.Epj~
Direct~or of Budget and Analysis /¢~ City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 4/23/02
ITEM TITLE: Public Hearing regarding acquisition of certain rights-of-way on portions of
Assessors Parcel Number (APN) 622-102-18 for construction of "Phase II of
the Salt Creek Gravity Sewer Interceptor" project (SW-219).
Resolution Detemfining and declaring the public necessity to
acquire certain rights-of-way on portions of Assessors Parcel Number (Al?N)
622-102-18 for construction of "Phase II of the Salt Creek Gravity Sewer
Interceptor" project (SW-219) and authorizing the commencement of
condemnation proceedings by outside counsel to acquire said rights-of-way
and possession of the property in the manner provided by law.
SUBMITTED BY: Director of Public Works,~
REVIEWED BY: City Manag (4/5tbs Vote: Yes X No__)
The "Phase II of the Salt Creek Gravity Sewer Interceptor" project includes the installation of a 42-
inch gravity sewer line that primarily parallels Main Street between Industrial Boulevard and West
Frontage Road. A portion of said line will be installed beneath the Interstate 5 freeway using
tunneling methods.
During the last several months, the City of Chula Vista, through its right-of-way consultant, has
attempted to acquire the needed rights-of-way to construct the subject Phase II project. The owner of
the property identified as APN 622-102-18 (See Exhibit "A") has received the City's offer
documents and a tentative agreement was reached some time ago. However, the agreement
documents have not been signed by the owner despite several unsuccessful attempts by the City to
contact the property owner.
The City's right-of-way acquisition consultant, Ryals & Associates, has made an offer to the
property owner of record which was based on an independent appraisal. Negotiations to purchase
the needed rights-of-way will continue in the hope that settlement will be reached with the owner
~vithout having to obtain a final order of condemnation from the court. Council is requested at this
time to initiate eminent domain proceedings for the subject property in the event that negotiations
with the property owner ultimately proves unsuccessful.
RECOMMENDATION:
That Council:
1. Hold the Public Hearing for acquisition of certain rights-of-way on portions of Assessors
Parcel Number (APN) 622-102-18 for the construction of the "Phase II of the Salt Creek
Gravity Sewer Interceptor" project (SW-219); and
Page 2 of 4, Item~
Meeting Date 4/23/02
2. Approve the Resolution of Necessity to commence the eminent domain process and
authorize the commencement ofconderrmation proceedings by outside counsel, Linda Bartz
and Associates, to acquire said rights-of-way and to obtain possession of the property in the
manner provided by law.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Project Background
"Phase II of the Salt Creek Gravity Sewer Intemeptor" project is the second of four construction
phases that will ultimately construct a trunk sewer line from the Eastlake and Rolling Hills Ranch
subdivisions to the City of San Diego Metro lntemeptor located west of Interstate 5. The proposed
trunk sewer line is needed in order to adequately convey the existing and projected sewage flow from
the proposed developments in the Eastern Territories to the City of San Diego Metro Interceptor.
The proposed trunk sewer line will also eventually convey sewage generated in the Poggi Canyon
and Wolf Canyon Sewer Basins.
It should be noted that Phase I of the overall Salt Creek Sewer Interceptor project, which extends
from Industrial Boulevard to Interstate 805, is currently under construction.
Determinations with respect to future phases of the project will be made by the City Council at a
later date and nothing herein shall be construed to make determinations about future phases,
including but not limited to alignment alternatives, which shall be brought back to the City Council
for consideration with appropriate environmental review.
Public Hearing
In order to acquire real property for public purposes, pursuant to Government Code Section 7267.2,
the City of Chula Vista must make an offer to purchase the property for an amount constituting "just
compensation". If an agreement for the voluntary purchase of the property cannot be reached, the
City may then duly notice and conduct a public hearing to consider whether to acquire the property
by the exercise of its powers of eminent domain. At such a hearing, pursuant to Civil Procedure
Code Section 1240.030, the City must find and determine that:
A. The public interest and necessity require the project;
The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury;
C. The properties sought to be acquired are necessary for the project; and
D. An offer has been made to the record owner or has not been made because the owner could
not be found.
Page 3 of 4, Item_~[__
Meeting Date 4/23/02
The property subject of this public hearing is portions of APN 622-102-18. The owner of said
parcel, Eastgate Technology Partners, LP, was initially presented with a written offer in the amount
of $12,098, dated October 10, 2001, to purchase the portions of their property required for the
construction of the "Phase II of the Salt Creek Gravity Sewer Interceptor" project (SW-219). The
owner was subsequently presented with another offer on April 3, 2002 in order to comply with
changes in the law regarding disclosure of appraisal information; the amount offered remained the
same. The offers were based on an appraisal and complied with the requirements of Government
Code Section 7267.2. The City's right-of-way acquisition consultant, Ryals & Associates, reached a
tentative agreement with the property owner to purchase the portions of their property. However, the
agreement documents have not been signed despite several attempts by Ryals and Associates to
contact the property owner. Due to this, and with the date to advertise and commence construction
for the project approaching, City staff recommends that Council authorize the use of the City's
eminent domain powers by adopting a Resolution of Necessity.
By certified letter dated April 4, 2002, City staff notified Eastgate Technology Partners, LP of a
public hearing scheduled for Tuesday, April 23, 2002, at which time the City Council would
consider adopting a Resolution of Necessity for the acquisition of portions of their property. The
letter informed them of their right to appear and to speak to the City Cotmcil with regard to the City's
right to acquire their property. The return receipt was received by our right-of-way consultant, Ryals
and Associates, indicating that the notice was received on April 5, 2002.
Resolution of Necessity
Staff believes that the findings required for the adoption of the Resolution of Necessity can be made
for the following reasons:
A. The public interest and necessity require that Phase II of the Salt Creek Gravity Sewer
Interceptor be constructed in order to provide sewer service to developments in the Salt
Creek, Wolf Canyon and Poggi Canyon Basins. The interceptor would also convey flows
from some developed portions of the Main Street Basin.
B. The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury because the trunk sewer line will primarily be
located within existing City right-of-way and will connect to the City of San Diego's Metro
Interceptor located west of Interstate 5 on West Frontage Road.
C. The property sought to be acquired is necessary for the project because it is located within
the proposed sewer alignment corridor and is within an area needed temporarily to facilitate
the project's construction.
D. An offer has been made to the owner of record.
Portions of APN 622-102-18, as depicted on Exhibit "A", are necessary for an "Easement for Sewer
Purposes" that will be used for the construction and maintenance of a 42-inch trunk sewer line. The
approximate area of said easement is 692 square feet. The selection of the project's sewer line
Page 4 of 4, Item._~_~
Meeting Date 4/23/02
alignment will cause minimal private damage to the subject property because it is located at the
southwest comer of the property and it does not partition the property. In addition, a "Temporary
Construction Easement", totaling about 3,853 square feet, will be needed adjacent to the sewer
easement in order to facilitate the project's construction in regards to the tunneling operations
beneath Interstate 5; this easement is only temporary and will not extend beyond December 31, 2003.
The subject project will connect the downstream connection of the Salt Creek Gravity Sewer
Interceptor with the City of San Diego Metro Intemeptor and continue the improvements from Phase
I of the overall Salt Creek trunk sewer project. It should be noted that Phase I of the trunk sewer
project is currently under construction and is scheduled for completion this year.
The adoption oftlae requested Resolution of Necessity will allow the City to initiate the proceedings
to acquire the necessary rights-of-way for Phase II of the subject project. Commencement of the
eminent domain proceedings will require the filing of a complaint with the Superior Court. The
outside legal counsel services of Ms. Linda Bartz will be utilized for the associated condemnation
proceedings.
Ms. Bartz has reviewed the Resolution of Necessity and determined that the requested action is
according to all applicable laws, City codes and ordinances.
A representative from our right-of-way acquisition consultant (Ryals and Associates), Mr. Rick
Ryals, is available at the Council meeting tonight to answer any questions concerning the acquisition
of the subject property.
It should be noted that Council's action this evening does not include determinations with respect to
future phases of the project, including but not limited: decisions about alignment alternatives. Based
on current planning status, we anticipate that staff will make recommendations about future Phases
III and IV by June 2002.
Environmental
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Envirommental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Environmental Impact Report No. 01-03. Thus, no
further environmental review or documentation is necessary.
FISCAL IMPACT: The total anticipated cost for "Phase II of the Salt Creek Gravity Sewer
Interceptor" project is approximately $6,750,000 which is currently budgeted for in CIP project SW-
219. Further, it should be noted that the amount of compensation is not a considering factor in the
adoption of the Resolution of Necessity by the City Council.
Exhibit "A": Vicinity and Right-of-Way Plats
Copy to File: 0735-10-SW219-04
J:\Engineer\AG ENDA~sw219Pub Hear. G ET doc
4/15/02 4:48:25 PM
VICINITY MAP
D POFI POq
LO-¢ C APN: 622-102-18
~WESTERLY
BOUNDARY LOT SDG&E EASEMENTS REC.
MAP
~00 75-24'96' ~REC.
[~L ~ 2-1-1977, F/P NO.
SEE SHT. 2 OF 2 77-0389~5. EXACT
LOCATION CANNOT
DETERMINED FROM RECORD.
_~_ 58.~' _~. MAI~ST
/ ~ 587~5'21"E
[ 66.44'
~POINT OF COmmENCEMENT
PARCEL 'A' AND 'B', SOUTHWEST
CORNER LOT C, MAP 6~5
NOTES:
1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED
FROM RECORD DATA.
2. EXISTING PROPERTY BOUNDARIES AND AREAS
SHOWN HEREON EXCLUDE ROAD, STREET & HIGHWAY
EASEMENTS.
GRAPHIC SCALECITY OF CHULA VISTA
200' 0' 100' 200'
A S S 0 C [ A T [: SEWER EASEI,/IENT ACQUISITION
c.lu*..~. ~..,...,~.. A.P.N. 622-102-18
760.942,5141 POR. LOT C
Enclnlfo~, CA 92024 PER MAP 635
l EXHIBIT .
[E~ ] ss,'~9'ss"~ J~/ AREA TABLE
IL31S87~5'2"E/~0,28'/ ~0~{ ~0-~ C PARCEL 'A' PARCEl 'B' ORIGINAL REMAINOER
IL" I S~6'~W/~5.8~'/ j~/j~~r' ~ ~ ER~ANENTPROPOSED TE~PO~RyPROPOSED(EXCLUDES I (EXCLUDESA PROPOSED
U.F,}
PER~ANENT
EASEMENT
EASE~EHT
eOUNDARY LOT
C. ~AP 6~5 APN: 622-102-18 I 692 S.F. 5,853 S.F. 8.98 ACRES 8.96 ACRES
SDGAE EASEMENTS REC. 9-10-1975, F/P
75-243961 ~ REC. 2-1-1977, F/P NO. 77-038935.
~E24' EXACT LOCATIOH CANNOT BE DETERMINED FRO~ RECORD.
)G&E EASEMENT
REC.
F/P NO. 19730~ X LINE DOC.~
lg95-0150029
L2
L3 s87'55'21 'E 50.64'
CORNER F/P NO. T.P.O.B.
171489 REC, PARCEL 'A' & J CALIFORNIA-AMERICAI
WATER CO, EASEMENT
10-03-1968 PARCEL 'B' I REC. 8-4-1975, F/P
Ib NO. 204814
~lNT OF COMMENCEMENT z
PARCEL 'A' AND 'B', SOUTHWEST
CORNER LOT C, MA~ 635
MAIN ST.
S87'55'21"E 66.44' (S89~ PER MAP 635) ~ -- ~ -- -
LEGEND: ~APHIC SCALE
EXISTING PROPERTY LINE, 20' O' 10' 20'
EXCLUDES U.F.
U.F. UNDERLYING FEE, INCLUDES
EXISTING ROAD, STREET ~ l'= 20'
HmGHWAY EASEMENTS
S,F. SQUARE FEE[ ~l Cmpmle Off~ 7~.g42.5141
mi:::::::::::::::::::::: ,,
PARCEL A, PROPOSED S 0 C J A T ~ Perilled, ~ 92024
PERMANENT EASEMENT ~ c.H$,,*~,
PARCEL 'B', PROPOSED
TEMPORARY [ASEUENT CITY OF CHULA VISTA
~ ACCESS RIGHTS RELINQUISHED PER FILE SEWER EASEMENT ACQUISITION
NO. 171489 REC. 10-3-1968 & FILE A.P.N. 622-102-18
NO. 29472 REC. 2-17-1970 OF O.R. POR. LOT C
PER MAP 635
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING PUBLIC NECESSITY TO ACQUIRE
CERTAIN RIGHTS-OF-WAY ON ASSESSORS PARCEL NUMBER (APN) 622-
102-18 FOR THE CONSTRUCTION OF THE "PHASE II OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR" PROJECT (SW-219) AND AUTHORIZING
THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE
COUNSEL TO ACQUIRE SAID RIGHTS-OF - WAY
WHEREAS, in connection with municipal purposes, it appears necessary for the City of
Chula Vista to acquire interest in certain rights-of-way on Assessors Parcel Number APN 622-102-
18 in Chula Vista, California, for the construction, maintenance, operation, replacement, removal, or
enlargement of sanitary sewers and appurtenant structures for the Salt Creek Gravity Sewer
Interceptor, Phase II, and related facilities, a public use ("Project"); and
WHEREAS, public interest, convenience and necessity require the acquisition of a sewer
easement right-of-way interests together with a temporary construction easement in said real
property more particularly described and depicted in the attached Deed and Exhibits A and B thereto,
on file in the City Clerk's Office, for said Project; and
WHEREAS, on July 17, 2001, by Resolution 2001-218, Council approved the resolution
certifying the Final Environmental Impact Report (FEIR), adopting the Findings of Fact and
Mitigation Monitoring and Reporting Program and approving the Phase II construction of the Salt
Creek Gravity Sewer Interceptor project.
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, said real property, and sewer easement right-of-way interests together with a
temporary construction easement therein, is necessary for the Project; and
WHEREAS, said real property is located entirely within the territorial limits of the City of
Chula Vista; and
WHEREAS, the City ofChula Vista is authorized to acquire said real property, and sewer
easement right-of-way interests together with a temporary construction easement therein, for such
public use by eminent domain pursuant, inter alia, to California Constitution Article 1, Section 19;
California Government Code Sections 37350.5, 38900, 39040 and 40404; and California Code of
Civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and
WHEREAS, an offer to purchase the required interest in the real property necessary for the
Project has been made to the owner of record pursuant to Section 7267.2 of the California
Government Code; and
q*1
WHEREAS, the persons designated in Section 1245.235 of the Code of Civil Procedure,
have been provided notice and a reasonable opportunity to appear and be heard on the matters
referred to in Section 1240.030 of the Code of Civil Procedure; and
WHEREAS, determinations with respect to future phases of the project will be made by the
City Council at a later date and nothing herein shall be construed to make determinations about
future phases, including but not limited to alignment alternatives, which shall be brought back to the
City Council for consideration with appropriate environmental review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
find and determine and hereby declare, by a vote of not less than two-thirds of its members, as
follows:
1.
That the above recitations are true and correct.
2.
That the staff report and all evidence presented at the public hearing on this matter
have been reviewed and considered.
3.
That the public interest, convenience and necessity of the City of Chula Vista, and
the inhabitants thereof, require the Project and improvements and appurtenances
thereto.
4.
That the Project and improvements and appurtenances thereto to be constructed upon,
over, under, along, and across the real property described and depicted in the attached
Deed and Exhibits A and B thereto have been planned and located in the manner
which will be most compatible with the greatest public good and the least private
injury.
5.
That the real property, and sewer easement right-of-way interests together with a
temporary construction easement therein, described and depicted in the Deed and
Exhibits A and B thereto, is necessary for the proposed Project.
6.
That the offer, as required by Section 7267.2 of the California Government Code, has
been made to the owner of record of the property to be acquired, and the notice and
opportunity to appear before the City Council as required by Section 1245.235 of the
California Code of Civil Procedure have been given.
7.
That the City of Chula Vista, and all appropriate officers, representatives and
attorneys are hereby authorized and directed to acquire the real property described
and depicted in the attached Deed and Exhibits A and B thereto, in the name of and
on behalf of the City of Chula Vista, and to that end are hereby authorized and
directed to commence and prosecute an action, in eminent domain for the purpose of
2
q~~
acquiring said real property and sewer easement right-of-way interests together with
a temporary construction easement therein, and to obtain an order for immediate
possession in the manner provided by law.
Presented by:
Approved as to form by:
John P. Lippitt
Director of Public Works
JO~~~
City Attorney
nattomeylresolSalt Creek Reso of Necessity
q~q
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
This Instrument Benefits City Only.
No Fee Required.
.... This S. ace or Recorder's Use OnI
APN(s) 622-102-18
C.V. File No.
EASEMENT FOR SEWER PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EASTGATE TECHNOLOGY PARTNERS, LP, A CALIFORNIA LIMITED
PARTNERSHIP
hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San
Diego, State of California, an easement and right-of-way for, and the right to construct, maintain,
operate, replace, remove, or enlarge sanitary sewers and appurtenant structures in, upon, over,
and across that certain real property situated in said City of Chula Vista designated as Parcel "A"
together with a Temporary Construction Easement designated as Parcel "B" both as more
particularly described as follows:
See Legal Description designated as Exhibit "A" attached hereto and by reference made a part
hereof. As more particularly shown on a map designated as Exhibit "B" attached hereto and by
reference made a part hereof.
Said Temporary Construction Easement shall have a duration of one year ftom the date of the
start of physical construction within said Easement area. In no event shall said Temporary
Construction Easement extend beyond December 31, 2003.
Together with the right to enter upon and to pass and repass over and along said easement and
right-of-way and to deposit tools, implements and other materials thereon by said City of Chu1a
Vista, its officers, agents, and employees and by any contractor, his agents, and employees
engaged by said City, whenever and wherever necessary for the purposes set forth above.
Signed this- day of
,20-
EASTGATE TECHNOLOGY PARTNERS, LP
BY:
BY:
(Notary Acknowledgment Required for Each Signatory)
q-IO
This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a
governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula
Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council
adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly
authorized officer.
SUSAN BIGELOW, CITY CLERK.
By:
Date:
q-II
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT C OF LA PUNTA, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 635,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12,
1890, DESCRIBED AS FOLLOWS:
PARCEL 'A'
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT C; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT C, SOUTH 87°55'21" EAST (SOUTH 89° EAST RECORD PER
SAID MAP NO. 635) 66.44 FEET; THENCE NORTH 02°04'39" EAST 58.00 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN EASEMENT
FOR STREET PURPOSES DEED, TO THE CITY OF CHULA VISTA, RECORDED MARCH 2, 1993
AS DOCUMENT NO. 1993-0130029 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE NORTH 69°51'15" WEST 72.80 FEET TO THE WESTERLY BOUNDARY
OF SAID LOT C; THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 00°06'33" WEST
18.62 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN GRANT DEED TO THE
STATE OF CALIFORNIA, RECORDED OCTOBER 3, 1968 AS FILE/PAGE NO. 171489 OF
OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LAND
DESCRIBED IN GRANT DEED TO THE STATE OF CALIFORNIA, SOUTH 81°59'58" EAST 38.49
FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID EASEMENT FOR
STREET PURPOSES; THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT FOR
STREET PURPOSES SOUTH 87°55'21" EAST 30.28 TO THE TRUE POINT OF BEGINNING.
PARCEL 'B'
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT C; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT C, SOUTH 87°55'21" EAST (SOUTH 89° EAST RECORD PER
SAID MAP NO. 635) 66.44 FEET; THENCE NORTH 02°04'39" EAST 58.00 FEET TO AN
INTERSECTION WITH THE NORTHERLY LINE OF THE LAND DESCRIBED IN EASEMENT
FOR STREET PURPOSES DEED, TO THE CITY OF CHULA VISTA, RECORDED MARCH 2, 1993
AS DOCUMENT NO. 1993-0130029 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID NORTHERLY LINE SOUTH 87°55'21" EAST 50.64 FEET;
THENCE NORTH 02°04'39" EAST 25.88 FEET; THENCE NORTH 81°19'05" WEST 121.24 FEET
TO THE WESTERLY BOUNDARY OF SAID LOT C; THENCE ALONG SAID WESTERLY
BOUNDARY SOUTH 00°06'33" WEST 35.87 FEET TO THE NORTHWEST CORNER OF LAND
DESCRIBED IN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 3,
1968, AS FILE/PAGE NO. 171489 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY
BOUNDARY OF SAID LAND SOUTH 81°59'58" EAST 38.49 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF SAID EASEMENT FOR STREET PURPOSES; THENCE ALONG THE
NORTHERLY LINE OF SAID EASEMENT FOR STREET PURPOSES SOUTH 87°55'21" EAST
30.28 TO THE TRUE POINT OF BEGINNING.
\\SRVR21 IFlLanddevelopmenlVdd 1 \2589GRND\Documents \Ph 2EsmtL9/s\2589-APN6221 0218./gl. doc
09/18101
q- If}-
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE.
IISRVR 21 IFV-anddevelopmenlVdd l' 258 9G R NO \Docu menls \Ph 2EsmtL 9/S \2589- APN 6 2 21 0 21 8-lgl. doc
09118101 q.... / S
51
~ ¡;j
! ~CINITI M~
NO SCALE
"8"
EXHIBIT
paR
PCL 1
PM 8813
paR
LO-r c
APN: 622-102-18
SHT. 1 OF 2
Ñ
pcL 3
'"
~
¡¡¡¡
~
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;00
paR
Lo-r B
SDG&E EASEMENTS REC.
9-10-1975, FIP NO.
635 75-243961 & REC.
H-I977, Flp NO.
77-038935. EXACT
LOCATION CANNOT BE
DETERMINED FROM RECORD.
NO2'O.'39"E io
--- 58.00' 0/)
587'5S'21"Ë----
66.44'
POINT OF COMMENCEMENT
PARCEL 'A' AND 'B', SOUTHWEST
CORNER LOT C, MAP 635
----- MAJ~~L_:¡ -----
NDTES:
1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED
FROM RECORD DATA.
2. EXISTING PROPERTY BOUNDARIES AND AREAS
SHOWN. HEREON EXCLUDE ROAD, STREET & HIGHWAY
EASEMENTS.
GRAPHIC SCALE
Co",..I. 0""" 160.9(2~U1 2~O'
605 Third SlrMI r.. 160.132.0164
[0<100.. CA 92024
".".........,......"""'1\25"'"""""0"",,£..,,,...."""'-"""221""'-."0 "1\7"1 "'01." PM PM por
q- /
CITY OF CHULA VISTA
SEWER EASEMENT ACQUISITION
A.P.N. 622-102-18
POR. lOT C
PER MAP 635
NO. BEARING DISTANCE
L1 SDO'D6'33'W 18.62'
L2 S81'59'58'E 38.49'
l3 S87'55'21'E 30.28'
L4 SOO'O6'33'W 35.87'
EXHIBIT
POFJ LOT C
MAP 635
APN: 622-102-18
POINT or COMMENCEMENT
PARCEL 'A' ANO 'B', SOUTHWEST
CORNER LOT C, MAP 635
MAIN ST,
I
I
I
I
I.
I~
1m
I~
I~
I¡::
,z
I
I
~
---
S87'55'21'E 66A4' (589'£ PER MAP635)
LEGEND:
U.F.
EXISTING PROPERTY LINE,
EXCLUDES U.F.
UNDERLYING FEE, INCLUDES
EXISTING ROAO, STREET l<
HIGHWAY EASEMENTS
SJ. SOUARE FEET Ñ
t:::::::::::::::::::: PARCEL 'A', PROPOSED
PERMANENT EASEMENT
~//I PARCEL '8', PROPOSED
TEMPORARY EASEMENT
CD ACCESS RIGHTS RELINQUISHED PER FILE
NO. 171489 REC. 10-3-1968 l< FILE
NO. 29472 REC. 2-17-1970 OF O.R.
"B"
SHT. 2 OF 2
AREA TABLE
PARCEL 'A' PARCEL '8' REMAINOER
PROPOSED PROPOSED ORIGINAL (EXCLUDES U.L
PERMANENT TEMPORARY (EXCL~rES l< PROPOSED
EASEMENT EASEMENT UJ. PERMANENT EASEMENT)
692 S.L 3,853 SJ. 8.98 ACRES 8.96 ACRES
CALIFORNIA-AMERICAN
WATER CO, EASEMENT
REC. 8-4-1975, F /P
NO. 204814
Cf.
GRAPHIC SCALE
2~'
,'a 20'
CITY OF CHULA VISTA
SEWER EASEMENT ACQUISITION
A.P.N. 622-102-18
POR. lOT C
PER MAP 635
""n"...loopn.n""""""""",.,'Ph2E,ntl'l..."S"-"""""""-'."", 091"19' œ."", PH PH '"
q-¡5
COUNCIL AGENDA STATEMENT
Item /O
Meeting Date 4/23/02
ITEM TITLE: Public Hearing Acquisition of certain rights-of-way on 1187 Trenton
Avenue, 1198 Trenton Avenue, 1100 Industrial Boulevard, 1196 Industrial
Boulevard, 765 to 771 Palomar Street, 781 Palomar Street, 795 Palomar
Street and 1197 Walnut Avenue for the construction of the "Palomar Street
Improvements, from Interstate 5 to Industrial Boulevard" project (ST-922).
Resolution Determining and declaring the public necessity to
acquire certain rights-of-way on 1187 Trenton Avenue, 1198 Trenton
Avenue, 1100 Industrial Boulevard, 1196 Industrial Boulevard, 765 to 771
Palomar Street, 781 Palomar Street, 795 Palomar Street, and 1197 Walnut
Avenue for the construction of the "Palomar Street Improvements, from
Interstate 5 to Industrial Boulevard" project (ST-922) and authorizing the
commencement of condemnation proceedings by outside counsel to acquire
said rights-of-way.
SUBMITTED BY: ~ii~ C~nO~gly~ork~q4//
REVIEWED BY: (4/Sths Vote: Yes X No __)
The "Patomar Street Improvements, from Interstate 5 to Industrial Boulevard" project will widen
roughly 800-linear feet of Palomar Street from an undivided four-lane roadway to an ultimate six-
lane major arterial approximately between Interstate 5 and Industrial Boulevard, in the City of Chula
Vista, California.
During the last several months, the City of Chula Vista has attempted to acquire the needed rights-of-
way to construct the subject project. The owners of the properties at 1187 Trenton Avenue
(Assessor's Parcel Number (A.P.N.) 617-072-07), 1198 Trenton Avenue (A.P.N. 617-071-09), 1100
Industrial Boulevard (A.P.N. 618-200-01 and 02), 1196 Industrial Boulevard (A.P.N. 617-072-08),
765 to 771 Palomar Street (A.P.N. 622-020-68), 781 Palomar Street (A.P.N. 622-020-05), and 795
Palomar Street (A.P.N. 622-020-51 and 65), however, have indicated their unwillingness to accept
the City's acquisition offer. The owner of the property at 1197 Walnut Avenue (A.P.N. 617-071-22),
conversely, has received the City's offer documents and is currently in the process of approving said
documents. The offer amount appears to be acceptable to said property owner who only requires
minor clarifications regarding conditions in the agreement. (See Exhibit "A' for the locations of the
subject parcels)
The City's right-of-way acquisition consultant, Ryals & Associates, has made proper offers to the
affected property owners of record. Negotiations to purchase the needed fights-of-way will continue
as we hope that settlement will be reached with the owners without having to obtain a final order of
condemnation from the court. Council is requested at this time to initiate eminent domain
Page 2 of 6, Item ] 0
Meeting Date 4/23/02
proceedings for all of the affected properties in the event that negotiations with the property owners
prove unsuccessful.
RECOMMENDATION:
That Council:
1. Hold the Public Heating for acquisition of certain rights-of-way associated with the "Palomar
Street Improvements, Between Interstate 5 and Industrial Boulevard" project (ST-922); and
2. Approve the Resolution of Necessity to commence the eminent domain process and
authorize the commencement of condemnation proceedings by outside counsel to acquire
said rights-of-way.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Proiect Background
Segments of Palomar Street to the east have been widened as development or redevelopment of
parcels has occurred over the past years. This project will widen roughly 800-linear feet of Palomar
Street from an undivided four-lane roadway to an ultimate six-lane major arterial approximately
between Interstate 5 and Industrial Boulevard, in the City of Chula Vista, California. Other
improvements associated with the project include a storm drain system to convey runoff from the
project site, raised medians, curb and gutters, sidewalks, and free-standing masonry sound-walls.
The City of Chula Vista will be utilizing federal funds administered by the Federal Highway
Administration (T-21 Funds) and local matching funds (TRANSNET) to construct this project.
Public Heating
In order to acquire real property for public purposes, pursuant to Government Code Section 7267.2,
the City of Chula Vista must make an offer to pumhase the property for an amount constituting "just
compensation". If an agreement for the voluntary purchase of the property cannot be reached, the
City may then duly notice and conduct a public hearing to consider whether to acquire the property
by the exercise of its powers of eminent domain. At such a hearing, pursuant to Civil Procedure
Code Section 1240.030, the City must find and determine that:
A. The public interest and necessity require the project;
B. The project is planned or located in a manner that will be the most compatible with
the greatest public good and least private injury; and
C. The properties sought to be acquired are necessary for the project.
There are eight (8) properties subject of this public hearing. These properties are listed below and
are lbllowed by their respective owner(s):
Page 3 of 6, Item ]0
Meeting Date 4/23/02
Property 1. 1187 Trenton Avenue (A.P.N. 617-072-07) - Jose A. Anton and Lupe G.
Anton, Trustees U.D.T. February 29, 2000;
Property2. 1198 Trenton Avenue (A.P.N. 617-071-09) Louis O. Noriega and Alex
Noriega;
Property 3. 1100 Industrial Boulevard (A.P.N. 618-200-01 and 02) Michael A. Hall and
Birgit Hall, Trustees of The Hall Trust dated March 2, 2000;
Property 4. 1196 Industrial Boulevard (A.P.N. 617-072-08) - Thomas A. Lindley and
Suzanne L. Lindley, co-trustees of the Lindley Family Trust dated October
19, 1995;
Property 5. 765 to 771 Palomar Street (A.P.N. 622-020-68) - CIMA, N.V. a Netherlands
Antilles Corporation;
Property6. 781 Palomar Street (A.P.N. 622-020-05) - CIMA, N.V. a Netherlands
Antilles Corporation;
Property 7. 795 Palomar Street (A.P.N. 622-020-51 and 65)- C1MA, N.V. a Netherlands
Antilles Corporation; and
Property 8. 1197 Walnut Avenue (A.P.N. 617-071-22) William J. McWhinnie, Trustee
of the McWhinnie Family Trust dated June 8, 1990.
For the first seven (7) properties listed above, the City presented the respective property owner(s)
with written offers to purchase the portions of their property required for the "Palomar Street
Improvements, Between Interstate 5 and Industrial Boulevard" project. The offers were based on
appraisals and complied fully with the requirements of Government Code Section 7267.2.
Subsequently, over the next several months, the City's right-of-way acquisition consultant, Ryals &
Associates, continued with negotiations with the property owners in an effort to reach agreements
regarding the respective purchases. Agreements could not be reached, and with the date to advertise
and commence construction for the project approaching, City Staff recommends that Council
authorize the use of the City's eminent domain powers and include these properties in the Resolution
of Necessity.
For Property 8, the property owner has tentatively accepted the City's offer, but has not officially
approved the offer documents. Therefore, our right-of-way acquisition consultant, Ryals &
Associates, recommends also including this property in the Resolution of Necessityin the event that
any unforeseen problems arise.
By certified letter dated April 4, 2002, City staff notified all affected parties of a public heating
scheduled for Tuesday, April 23, 2002, at which time the City Council was to consider adopting a
Resolution of Necessity for the acquisition of their property. The letter informed them o f their right
to appear and to speak to the City Council with regard to the City's right to acquire their property.
The letter also noted, appropriately, that the amount to be paid for the property was noI the subject of
the public hearing.
Page 4 of 6, Item ]0
Meeting Date 4/23/02
Resolution of Necessity
Staff believes that the findings required for the adoption of the Resolution of Necessity can be made
for the following reasons:
A. The public interest and necessity require that Palomar Street be widened and
upgraded in order to accommodate increased traffic flows in the area.
B. The project is planned or located in a manner that will be the most
compatible with the greatest public good and least private injury becanse an
existing road is being widened only as is necessary to allow for the
completion of the roadway widening and related curb, gutter and sidewalk
improvements.
C. The properties sought to be acquired are necessary for the project because
they are located directly in the path of the widened roadway, are within the
alignment of the proposed storm drain system, and/or are within an area
needed temporarily to facilitate construction.
Property 1 (1187 Trenton Avenue), as depicted on Exhibit "B", is necessary for the construction of
the "Palomar Street Improvements" project. Access to the subject property is from Trenton Avenue
.and a right-of-way of approximately 20-feet in width along the parcel's frontage with Palomar Street
~s needed for the roadway widening project; this right-of-way acquisition will include the
construction of concrete curb, gutter and sidewalk, which currently does not exist adjacent to this
property. In addition, a Temporary Construction and Access Easement of 10_feet in width adjacent
to the required right-of-way is also needed to facilitate the project's construction; this easement is
only temporary and will be void after the project is completed.
Property 2 (1198 Trenton Avenue), as depicted on Exhibit "C", is necessary for the construction of
the "Palomar Street Improvements" project. The entire parcel will need to be acquired with this
project and the existing single-family residence will be demolished. Currently, there are no concrete
curb, gutter and sidewalks adjacent to this property along Palomar Street; however, these
improvements will be constructed with this project.
Property 3 (1100 Industrial Boulevard), as depicted on Exhibit "D", is necessary for the dedication of
a drainage easement that will be used for a 30-inch reinforced concrete pipe storm drain system. The
selection of this storm drain alignment will cause the least private damage to the subject property
because it is located along the southerly and westerly property lines and it is not partitioning the
subject property. This is one of three storm drain outfalls that will convey nmoff from the subject
project into existing channels. In addition, aTemporary Construction andAccess Easement through
areas of the subject property is also needed to facilitate construction of the project; this easement is
only temporary and will be void after the project is completed.
Property 4 (1196 Industrial Boulevard), as depicted on Exhibit "E", is necessary for the construction
of the "Palomar Street Improvements" project. Access to the subject property is from Industrial
Page 5 of 6, Item
Meeting Date 4/23/02
Boulevard and a right-of-way of approximately 20-feet in width along the parcel's frontage with
Palomar Street is needed for the roadway widening project; this right-of-way acquisition includes the
construction of concrete curb, gutter and sidewalk, which currently does not exist adjacent to this
property. An existing two-car garage and single-room structure will be demolished from the
acquisition of this right-of-way. In addition, a Temporary Construction and Access Easement of 10-
feet in width adjacent to the needed right-of-way is also required to facilitate thc project's
construction; this easement is only temporary and will be void after the project is completed.
Properties 5 thru 7 (765 to 771 Palomar Street, 781 Palomar Street and 795 Palomar Street), as
depicted on Exhibits "F", "G" and "H", are necessary for the construction of the "Palomar Street
Improvements" project. All of the subject properties cover the needed right-of-way for the entire
south side of the project and all have current title under the same owner. Access to all of these
properties is primarily from Palomar Street and the needed right-of-way will be approximately 20-
feet in width along all of their frontages with Palomar Street; construction of concrete curb, gutter,
and sidewalk, which currently does not exist, will be constructed in conjunction with this right-of-
way acquisition. In addition, Temporary Construction and Access Easements of 30-feet in width
adjacent to thc needed right-of-way is also required to facilitate the project's construction; these
easements arc only temporary and will be void after the project is completed.
Property 8 (1197 Walnut Avenue), as depicted on Exhibit "I", is necessary for the dedication of a
minor Temporary Construction and Access Easement that will bc used to assist in thc construction of
adjacent improvements associated with the project. This easement is only temporary and will be
nullified after the project is completed.
To thc extent that any portion of thc subject properties include property previously dedicated to
public usc, the taking by the City as to any such portion is either for a compatible public use
consistent with and authorized by Code of Civil Procedure Section 1240.510, or for a more necessary
public usc consistent with and anthorizcd by Code of Civil Procedure Section 1240.610.
Thc project will widen Palomar Street to a 124-foot wide right-of-way through most of thc extents of
the project and will include the construction of concrete curb, gutter, sidewalks, and driveways. All
of these aforementioned improvements currently do not exist along thc project limits. Further,
segments of Palomar Street to thc east have already been widened to their ultimate width as a major
cast/west arterial and this project will continue thc previous improvements.
The adoption of the requested Resolution of Necessity will initiate the proceedings to acquire the
necessary rights-of-way for the subject project. The commencement of thc eminent domain
proceedings will require thc filing of a complaint with the Superior Court. The legal counsel
services of Daley and Heft will be utilized for all condemnation proceedings.
Thc City Attoruey has reviewed thc Resolution of Necessity and determined that the requested action
is according to all applicable laws, City codes and ordinances.
Page 6 of 6, Item [ 0
Meeting Date 4/23/02
A representative from our right-of-way acquisition consultant (Ryals and Associates), Mr. Rick
Ryals, is available at the Council meeting tonight to answer any questions concerning the acquisition
of the subject properties.
Environmental
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
Califumia Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA)
and has determined that the proposed project was adequately covered under CEQA in Mitigated
Negative Declaration IS-99-07, which was previously adopted by the City Engineer on December 21,
2000, and under NEPA pursuant to Categorical Exclusion STPL-5203(009). At the time of approval
of Mitigated Negative Declaration IS-99-07, the Environmental Review Coordinator determined that
no further environmental review or documentation is necessary. Mitigated Negative Declaration IS-
99-07 is included as Exhibit "J".
FISCAL IMPACT: The total cost of acquisition of the rights-of-way and easements as previously
described for the "Palomar Street Improvements, Between Interstate 5 and Industrial Boulevard"
project is approximately $550,000 plus an additional $15,000 to $50,000 for condemnation costs,
depending on whether or not the property owners legally challenge the City's right to acquire the
property or the amount of compensation being offered. The amount of compensation is not a
considering factor in the adoption of the Resolution of Necessity by the City Council. Sufficient
funds are included in CIP project ST-922, "Palomar Street Improvements, from Interstate 5 to
Industrial Boulevard", to cover the anticipated expenses.
Exhibit "A": Property Site Map
Exhibits "B" through 'T': Right-of-Way and Easement Plats
Exhibit "J": Mitigated Negative Declaration IS-99-07
Copy to File: 0735-10-ST922-04
J:\Engineer~AGENDA\ST922PubHear. GET.dcc
4/9/02 4:16:46 PM
· ~F~L~,LOMAR STREET IMPROVEMENTS
I~'~o., INTERSTATE 5 TO INDUSTRIAL BLVD.
PARCEL- 1, ~ 7
STREEt EASEMEN1- BEING
ACQUIRED FOR SUBJECT PARCEL
2,816 SOL/ARE FEET (MORE OR LESS)
P ALOMAR ,.STREET
0 30 $0 90F~
GRAPHIC SCALE
LEGEND PARCEL ADDRESS
V//////~ S TREETEASEMENTL/MITS 1187 1RENTON ^VENUE
CHULA ~STA, CA 91910
TEMPORARY CONSTRUCT/ON
AND ACCESS EA~EUENT ASSESSORS PARCEL NUMBER
~ APN 617-072-07
LIMITS OF SUBJECT PARCEL
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ORA~ BY: Inn. E: I PREPARED
G~G rSCnERCn PALOMAR STREET IMPROVEMENTS ImEG TSmERC~
i
OATE:
3-29-02 I EXHIBIT "B" IAI'PROVED
] JIM HOLMES
PALOMAR STREET
0 $0 60 90FT.
C-RAPNI¢ SCALE
LEGEND PARCEL ADDRESS
~ULA ~STA, CA 91910
LIMITg OF RIOHT OF WAY
ACQUISITION
ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL APN 617-071-09
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~RAINAGE EASEMENT BEING
FOR SUBJECT PARCEL
23,389 SQUARE FEET (MORE OR LESS)
0 200 400 600
GRAPHIC SCALE
LEGEND ASSESSORS PARCEL NUMBER
APN 61§-200-01 AND 02
DRAINAOE EASEMENT LIMITS
BEING ACOUIRED FOR SUBJECT PARCEL
LIMITS OF SUBJECT PARCEL
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TEIdPO~AR¥ CONSTRUC~70N AND
ACOUIRED FOR SUBJECT
89,567 SOUAR£ Fg£T (~fO~E OR
\\
\
LEGEND ASSESSORS PARCEL NUMBER
APN 618-200-01 AND 02
rEI~PORARY CONSTRUCllON AND ACCESS EASEMENT 0 200 400 6DO FT.
BEING ACOUIRED FOR SUSJECI' PARCEl
GRAPH/¢ SCALE
LIMITS OF SUBJECT PARCEL
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~A~,fV BY: J T/~£.
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DATE,'' I$1iEET 2I STREET IMPROVEMENTS IcREcTSCHERCH
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PARCEL
STREET EASEMENT BEING
P ALOMAR ACOUmEa FOR SUBJECT PARI:L~_
STREETz~z SOUARE FEET (MORE O~ LESS)
0 $0 60 90F~
GRAPHIC SCALE
LEGEND PARCEL ADDRESS
F/////J
STREET EASEMENT LIMITS CHULA V~STA, CA 91910
TEMPORARY COIVSTRUCllON
AND ACCESS EASEMENT
ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL APN 617-072-08
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DRAI~V BY: TI7~E, IPREPARED BY:
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DA TE:
3-29-02 [ EXHIBIT "E" 1,4PPROVEO a~
I JIM HOLMES '
FOR SUBJECT PARCEL
10.872 SOUARE FEET (I~IORE OR LE~)
~PORARY C~S~UCTI~ AND
0 I~ 2~
ORAPHIC SCALE
LEGEND PARCEL ADDRESS
765-771 PALOMAR STREET
SIREET EASEMENT LII~ITS CHULA 'V1STA, CA 91910
TE~IPORARY CONSTRUCTION
AND A¢¢E$~ EASE~IENT
ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL APN 622-020-6§
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/
~ 0 70 140 210 F~
~ GRAPHIC SCALE
LEGEND PARCEL ADDRESS
781 PALOMAR STREET
STREET EASEMENT LIMITS CHULA VISTA, CA 91910
TEMPORARY CONSTRUCtiON
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ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL APN 622-020-05
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STREET EASEMENT BEING
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618 SOUARE FEET (MORE OR
/
F~ ~B~C[ PARCEL
/
~MPORARY CONS1RUCTION AND ACCESS
EASEMENT BEING AO~UIRED FOR SUBJECT PARCEL
851 SQUARE FEET (MORE OR LESS)
LEGEND PARCEL ADDRESS
795 PALOMAR STREET
STREET EASEMENT LIMITS CHULA VISTA, CA 91910
TEMPORARY CONSTRUCTION
AND ACCESS EASEMENT
ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL APN 622-020-51 AND 65
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DRAWN BY; I TllLE: PREPARED BY;
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DATE:
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JIM HOLMES
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TEMPORARY CONSTRUClTON AND ACCESS
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PARCEL 95 SOUARE FEET (MORE OR LESS)
0 $0 60 90F~
GRAPHIC SCALE
LEGEND PARCEL ADDRESS
1197 WALNUT AVENUE
CHULA VISTA, CA 91910
TEMPORARY CONSTRUCT/ON AND ACCESS EASEMENT
BEING ACOUIRED FOR SUBJECT PARCEL
ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL APN 617-071-22
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BRA~ 8K' J TI~E: IPR~
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DATE:
-29-02 J EXHIBIT "1" laPmO~O BX'
J JIM HOLMES
Case #1S-99-07 City of Chula Vista
Chula Vista, California
· OFFICIAL TRANSMITTAL OF THE ENVIRONMENTAL REVIEW COORDINATOR'S
FINDINGS & RECOMMENDATIONS
TO: Clifford Swanson, City Engineer
Pursuant to the provisions of the California Environmental Quality Act of 1970, as amended,
the Environmental Review Coordinator on December 21, 2000, considered the following
project:
IS-99-07 - Palomar Street Widening from Industrial Boulevard to I-5.
On the basis of this Initial Study:
D It is recommended that the decision making authority find that the proposed
project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION is hereby forwarded to the decision making authority
for consideration and adoption.
It is recommended that the decision making authority find that although the
proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because MITIGATION MEASURES have
been ADDED to the project and a MITIGATED NEGATIVE DECLARATION is
hereby forwarded to the decision making authority for consideration and
adoption.
Please review the attached Mitigated Negative Declaration, Initial Study and any other
technical documents.
Mal~ilyn F~.F. Ponseggi r ~
Environmental Review Coordinator
find that the Initial Study is adequate and Miti.qated Neqative Declaration IS-99-07, Palomar
Street Widening is hereby adopted.
CiJ~Engineer
Mitigated Negative Declaration
PROJECT NAME: Palomar Street Widening
PROJECT LOCATION: Palomar Street between Interstate 5 and Industrial
Boulevard, City of Chula Vista
ASSESSOR'S PARCEL NO.: 622-020 No parcel assigned to street right-of-way
PROJECT APPLICANT: City of Chula Vista Engineering Division
CASE NO.: IS-99-07
DATE: September 18, 2000
The project setting consists of an existing roadway section of Palomar Street between
Industrial Boulevard and Walnut Avenue/Frontage Road (Figure 1). The street right-of-way
is located in a fully urbanized area in the southwest portion of the City. Surrounding land
uses are as follows:
North: Single family residential, multiple family residential, and commercial
East: Ligltt rail trolley line and comxnercial
West: Commercial
South: Vacant & occupied commercial
The site does not contain any structures considered to be of historical or archaeological value
based on criteria established by the State of California Historical Preservation Office
(Sm?O).
B. Pro_iect Description
Palomar Street from Industrial Boulevard to Frontage Road/Walnut Avenue
The proposed project would widen approximately 800 linear feet of Palomar Street from an
undivided four-lane roadway to an ultimate six-lane prime arterial t~om Industrial Boulevard to
Frontage Road/Walnut Avenue (Figure 2).
The project is partially funded by the Federal government and as such must comply with the
requirements of the National Enviromnental Protection Act (NEPA). NEPA document(s) will be
prepared by Caltrans following the completion of the California Environmental Quality Act
(CEQA) process by th~ City of Chula Vista. The proposed widening implements the City of
c:
Palomar St.
_ Anita St.
- Main St.
T
I I I
Not to Scale
VICINITY LOCATION Figure I ._
/o-i<}
CITY OF CHULA VISTA°~'A~ e'~ riga' PR£PAR£D BK
J~,~O jo~'~rT ~z.J PALOMAR STREET IMPROVEMENTS ~, HOL.rS
I JO - ,30 Figure 2
Chula Vista's General Plan that designates Palomar Street as a prime arterial. A pr/me arterial
includes six travel lanes, a 16-foot median, sidewalks, curb, and gutter. The project includes the
acquisition of additional right-of-way along the north and south sides of Palomar Street. This
will result in the demolition of a single family residence (1198 Trenton Avenue) and a vacant
1920's gas station (I 196 Industrial Boulevard) with a two-car garage that is currently being used
as an art studio and storage. A vegetable/fruit stand on the south side of Palomar Street will
also be affected (Figure 3). The fruit/ vegetable stand may not require relocation and might
instead be setback from the proposed right-of-way and remodeled. An abandoned building
associated with fruit stand is also proposed to be demolished. A Final Relocation Impact Study
(Ryals and Associates, September 18, 2000) was prepared to analyze the orderly, timely and
efficient relocation of persons and businesses within the project. Right-of-way acquisition will
commence once CEQA and NEPA reviews are completed.
Industrial Boulevard at the Palomar Intersection
The westerly side of Industrial Boulevard at the Palomar Street intersection will also be widened
to its ultimate width at both the northerly and southerly ends of the intersection. The northern
and southern ends will each be widened for approximately 50 feet at which point transitions to
match existing pavement will be constructed. The northern and southern transitions will be
approximately 20 feet and 250 feet, respectively.
The northeast comer of the Industrial Boulevard/Palomar Street intersection will be widened to
its ultimate width for approximately 85 lineal feet of roadway, measured from its intersection
with Palomar Street. From that point, the roadway will transition for 250 feet to match the
existing edge of pavement of Industrial Boulevard. All of the proposed widening along
Industrial Boulevard will be contained within City right of way.
Traffic Signal Relocation
A traffic signal relocation associated with the project will occur at the intersection of Industrial
Boulevard and Palomar Street. Said relocation will be required due to the widening of both
streets. The traffic signals will be relocated within the vicinity of the existing signals and will
accommodate the newly proposed improvements.
Associated Drainage Improvements
The proposed project does not result in the alteration of the existing drainage pattern or in an
increase in surface runoff. Drainage improvements are proposed to convey existing runoff
associated with the project and immediate project area. The proposed drainage improvements
will include installing new RCP and/or PVC pipe underground and constructing curb inlets,
cleanouts and headwalls at certain critical locations as determined by the engineer of work. In
its developed condition, the generated flow from the study area basins will be conveyed
through storm drain facilities, which ultimately outlet to existing channels.
Currently, the flow generated at the south side of Palomar Street, between Frontage Road and
Industrial Boulevard, is being conveyed across Palomar Street by means of a cross gutter. Due
to public safety considerations and potential damage to adjacent properties, the cross gutter will
be removed and replaced with storm drain facilities which include a curb inlet and
PROPOSED RIGHT OF WAY
/0 ' ~' Figure 3
underground piping. The runoff will ultimately outlet at an existing channel adjacent to
Interstate 5.
Sumps are proposed along the westerly side of Industrial Boulevard at both the northerly and
southerly ends of the intersection with Palomar Street in order to convey the generated runoff
associated with the drainage basins. The runoff will ultimately outlet to the east along an
existing earthen channel adjacent to the MTDB trolley tracks. At the outlets, headwalls and
splashwalls will be constructed to minimize disturbance in the channel area. The runoff will be
conveyed to the channel by means of curb inlets and underground piping (Figure 4).
C. Compliance with Zoning and Plans
The intent of this public works project is to provide for the ultimate design width of a six-
lane prime arterial, as designated in the Circulation Element of the City of Chula Vista
General Plan. The proposed project does not involve the change in any land use designation
or existing land use. The proposed project is consistent with the zoning and General Plan
designations.
D. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project will not have a significant
environmental effect, and the preparation of an Environmental Impact Report will not be
required. This Mitigated Negative Declaration has been prepared in accordance with Section
15070 of the State CEQA Guidelines.
1. Air Quality_
Potential Impacts Associated with Asbestos
The existing structures will be examined for the presence of asbestos prior to
demolition. The applicant will be required to contract with a consultant certified
by the State of California to conduct asbestos assessments and supervise the
proper removal of this element if it is found on-site. State and local regulations
require that a permit is obtained and the proper protocols followed in removal of
asbestos as outlined in Section E below.
Construction-Related Impacts
The proposed project would generate sufficient emissions and dust during
construction-related activities to result in a short-term significant, but mitigable,
impact to air quality. During the construction phase of the project, short-term
emissions of several types of air pollutants would occur. Dust would be
generated and the combustion of fossil fuels by construction equipment would
create em~.'ssions. Fugitive dust would also be created due to clearing, earth
movement, and travel on unpaved surfaces. Although air quality impacts
PROPOSED DRAINAGE SYSTEM .~u ~OLUES
[ / 0~ ~ ~/ Figure
resulting from construction related emissions are potentially significant, they are
considered short-term in duration since construction is a relatively short-term,
on-time activity.
Dust control during grading operations would be regulated in accordance with
the rules and regulations of the San Diego Air Pollution Control District
(APCD). During construction of the project, the project will be subject to
mitigation measures outlined below in Section E.
2. Noise
Permanent Noise Impacts
The proposed project is subject to compliance with the City of Chula Vista,
Federal Highway Administration (FHWA) and California Department of
Transportation (Caltrans) noise criteria. FHWA and Caltrans noise criteria are
applicable for the land uses adjacent to Palomar Street due to the use of Federal
funding.
An Acoustical Assessment Report was prepared for the proposed project by
Pacific Noise Control (April 2000). The complete report available for review at
the City of Chula Vista Planning and Building Department. The results of this
study are summarized below.
In accordance with Chapter 19.68.101 of the Municipal Code, the Acoustical
Assessment Report describes community noise levels in terms of Community
Noise Equivalent Level (CNEL). The CNEL is a 24-hour average A-weighted
sound level with a ten decibel (dB) "penalty" added to noise during the hours of
10:00 PM to 7:00 AM, and a five dB penalty added to the evening hours from
7:00 to 10:00 PM. The penalty is added to reflect increased noise sensitivity
during nighttime hours. The A-weighted scale meaures noise levels
corresponding to the human hearing frequency response. The City requires that
the maximum acceptable exterior noise level for new residential development not
exceed a CNEL of 65 dB. The Acoustical Assessment Report evaluated noise
levels at residences immediately adjacent to Palomar Street in terms of the peak
(noisiest) hour average sound level.
The FHWA follows the noise abatement procedures established in the Code of
Federal Regulations (Title 23 CFR 772). Caltrans follows the noise abatement
procedures as well as policies established in Caltrans Highway Design Manual
Chapter 1100 and Traffic Noise Analysis Protocol (Caltrans 1998). The FHWA
noise abatement criteria categorize different activities and land uses for the
purpose of assessing noise impacts. The criteria are based on the peak (noisiest)
hour average sound level. The noise abatement criteria for outdoor noise
exposure are applied where frequent human activity such as swimming pools and
common use areas at residential areas. The FHWA considers a traffic noise
impact occurs when the predicted traffic noise levels approach or exceed the
Noise Abatement Criteria.
Based on the results of the Analysis in the Acoustical Assessment Report, the
backyard of two residences located near the northwest comer of Palornar Street
and Industrial Boulevard would be exposed to peak one-hour average sound level
of 67 dB and 69 dB. These noise levels would exceed the FHWA/Caltrans noise
criteria. The Acoustical Assessment Report recommends the construction of a six-
foot high noise bamer at 1196 Industrial Boulevard, 1193 Trenton Avenue, and
1198 Trenton Avenue to reduce potential noise impacts to a level below
significance. Those proposed 6-foot high barriers are generally located upon the
right-of-way except for the wrap around required to effectively attenuate the
traffic noise (Figure 5). The 6-foot high noise barriers will result in future
mitigated peak hour average noise levels from 61 to 63 dB at these sites. A six-
foot high noise barrier would also mitigate the noise level to 65 dB CNEL or less
and would therefore comply with the City's CNEL noise criteria.
Upon review of the Acoustical Assessment Report, Caltrans determined that the
recommendations of the Report meet the requirements for a traffic noise impact
analysis in accordance with Caltran's Traffic Noise Analysis Protocol (October
1998). The incorporation ora 6-foot high noise barrier in the project design, in
accordance with the Acoustical Assessment Report, will mitigate noise impacts to
below a level of significance. Mitigation is outlined below in Section E.
Temporary Noise Impacts
The proposed project would also result in temporary noise generated by
construction equipment. According to the Acoustical Assessment Report
construction, equipment would result in a maximum noise levels at 50 feet range
fi.om approximately 75 to 95 dB. The Acoustical Assessment Report recormmends
that each internal combustion engine, used for any purpose on the job or related to
the job, shall be equipped with a muffler of a type recommended by the
manufacturer. No internal combustion engine shall be operated on the project
without said muffler.
Additionally, construction activities shall be limited to the following hours:
weekdays from 7:00 a.m. to 7:00 p.m. and Saturday from 7:00 a.m. to 6:00 p.m.
Construction shall be prohibited on Sunday. Construction equipment shall be
maintained in proper operating condition and shall be equipped with mufflers.
The proposed mitigation outlined below in Section E, in addition to compliance
with the City of Chula Vista Public Works Standard Construction requirements
will serve to reduce noise impacts to a level below significance.
~- PALOMAR STREET IMPROVEMENTS
I~,~'~¢-~o I~;-~ s,~,'q PROPOSED NOISE BARRIERS
E. Mitigation Necessary to Avoid Significant Effects
Project-specific mitigation measures are required to reduce potential environmental
impacts identified in the Initial Study to a less than significant level. Mitigation measures
have been incorporated into the project design and the attached Mitigation Monitoring
and Reporting Program (Attachment "A").
AIR OUALITY
Asbestos Related Impact~
1. The applicant shall contract with an environmental consultant certified by the State of
California to conduct testing for the presence of asbestos in the buildings to be
demolished at 776-771 Palomar Street, 1198 Trenton Ave., and 1196 Industrial Blvd.
and for the proper removal and disposal of this element, if detected, prior to
commencing with the demolition operations. The applicant shall be responsible for
obtaining all the required permits from all affected state and local regulatory agencies
including the San Diego Air Pollution Control District (APCD) and shall further
provide proof of having obtained approval to proceed with this process to the
Planning and Building Department prior to obtaining a building permit.
Construction Related Impacts
1. All unpaved construction areas shall be sprinkled with water or other acceptable dust
control agents during dust-generating activities to reduce dust emissions. Additional
watering or dust control agents shall be applied during dry weather or windy days until
dust emissions are not visible.
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust
and spills
3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project
shall be enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up
immediately to reduce re-suspension of particulate matter caused by vehicle
movement. Approach routes to construction sites shall be cleaned daily of
construction-related dirt in dry weather.
5. On-site stockpiles of excavated material shall be covered or watered.
6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible
and as directed by the City to reduce dust generation.
7. Heavy-duty construction equipment with modified combustion/fuel injection systems
for emissions control shall be utilized during grading and construction activities.
Catalytic reduction for gasoline-powered equipment shall be used. Also, equip
construction equipment with prechamber diesel engines (or equivalent) together with
proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent
available and feasible.
NOISE
Permanent Noise Impacts
1. Noise barriers shall be constructed prior to the opening of the new traffic lanes at
required locations along the north side of Palomar Street as described in the
Acoustical Assessment Report (Pacific Noise Control, April 2000). Specifically,
this will include a six-foot high noise barrier at 1196 Industrial Boulevard, 1193
Trenton Avenue, and 1198 Trenton Avenue.
Temporary Noise Impacts
1. Construction activities shall be limited to the following hours: weekdays from
7:00 a.m. to 7:00 p.m. and Saturday fi.om 7:00 a.m. to 6:00 p.m. Construction
shall be prohibited on Sunday. Construction equipment shall be maintained in
proper operating condition and shall be equipped with mufflers.
I agree to implement the mitigation measures required as stated in Section E of this
Mitigated Negative Declaration.
~J Name, Title Dater t-
F. Consultation
1. Individuals and Organizatiotls
City of Chula Vista:
Marilyn Ponseggi, Planning Division
Peggy McCarberg, City Attorney's Office
Doug Perry, Fire Marshall
Beverly Blessent, Planning Division
Mary Radley, Parks & Recreation (Landscape Architecture)
Frank Rivera, Engineering Division
Samir Nuhaily, Engineering Department
Jim Holmes, Engineering Deparment
Greg Tscherch, Engineering Department
Muna Cuthbert, Engineering Department
Ralph Leyva, Engineering Department
M.J. Donnelly, Engineering Department
Brian Stafford, GEOCON
Rick Ryals, Ryals & Associates
California Department of Transportation:
Richalene G. Kelsay, Environmental
Rebecca Poucel, Environmental (Relocation)
Diane M. Vermeulen, Environmental (Hazardous Materials)
Martin D. Rosen, Environmental (Cultural Resources)
Jane Dowda, Environmental (Noise)
Federal Highway Administration:
David Nicol, Acting Division Administrator (SHPO)
Applicant's Agent(s):
Jim Holmes, City of Chula Vista, Engineering
Greg Tschemh, City of Chula Vista, Engineering
2. Documents
Chula Vista General Plan (1989)
Title 19, Chula Vista Municipal Code
Subsurface Investigation Report, GEOCON, August 2000
Final Relocation Impact Report, Ryals & Associates
Acoustical Assessment Report, Pacific Noise Control, April 2000
Historic Property Survey Report, KEA Environmental, Inc., September 1999
3. Initial Study
This environmental determination is based on the attached Initial Study, comments
received on the Initial Study and any comments received during the public review
period for this negative declaration. The report reflects the independent judgement of
the City of Chula Vista. Further information regarding the environmental review of
this project is available from the Chula Vista Planning Department, 276 Fourth
Avenue, Chula Vista, CA 91910.
~2~~~- ~/~:ka ~ ' Date:
M~arily~R. F. Ponseggi
Environmental Review Coordinator
Case No. IS-99-07
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: City of Chula Vista
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth Avenue
Cbula Vista, CA 91910
3. Address and Phone Number of Proponent: Same as Above
4. Name of Proposal: Palomar Street Widening
5. Date of Checklist: September 13, 2000
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or [] [] [] ~
zoning?
b) Conflict with applicable environmental [] [] [] ~
plans or policies adopted by agencies with
jurisdiction over the project?
c) Affect agricultural resources or operations [] [] [] ~
(e.g., impacts to soils or farmlands, or
impacts from incompatible land uses)?
d) Disrupt. or divide the physical arrangement [] [] ~ []
of an established community (including a
low-income or minority community)?
Comments: The proposed street improvements to widen Palomar Street (an undivided four-
lane roadway) to its ultimate right-of-way is consistent with the City of Chula Vista's
General Plan which designates Palomar Street as a six-lane prime arterial. The project site
is presently developed with existing roadway, commercial, or residential facilities. There
are no on-site areas identified as environmentally sensitive in the City of Chula Vista
General Plan. Therefore, the project would not conflict with any known environmental
plans or policies of the City of Chula Vista and no associated impacts are anticipated.
(H:~home\planning\edalia~IS?99-07checklist.doc) pagel
An established residential community exists north of Palomar Street. An apartment
complex, single family residence, vacant lot and unoccupied non-residential structure are
located immediately adjacent to the subject portion of Palomar Street. However, Palomar
Street is in existence and is also shown on the City General Plan Circulation Element as a
six lane prime arterial. The proposed street widening will result in the acquisition and
demolition of one occupied single-family residence due to the location of the structure in the
proposed right-of-way. Based on these conditions, no significant impacts related to
disrupting or dividing an established community are anticipated from the proposed project.
II. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or [] [] [] []
local population projections?
b) Induce substantial growth in an area either [] [] [] []
directly or indirectly (e.g., through
projects in an undeveloped area or
extension of major infrastructure)?
c) Displace existing housing, especially n [] [] []
affordable housing?
Comments: The proposed project is for roadway improvements and as such does not
involve the construction of new housing or public services that would generate new
population. The proposed project is intended to widen Palomar Street to a six lane prime
arterial in order to accommodate traffic build out conditions.
One owner occupied single family residence will be affected by the proposed project. The
property is planned to be acquired by the City for the required right-of-way. In compliance
with State and Federal Law a Final Relocation Impact Study (FRIS) was prepared for the
proposed project (Final Relocation Impact Report for the Palomar Street Improvements from
Interstate 5 to Industrial Boulevard, Rylas & Associates, September 18, 2000).' This
relocation study provides the basis for analyzing the orderly, timely and efficient relocation
of persons and businesses within the project. The study concluded that the household being
displaced might require some subsidy, but should be able to successfully relocate if given
ample time to do so. As part of the right-of-way acquisition, and in accordance with State
Law the household will be assisted by a relocation advisor to insure that the benefits of the
Relocation Program are made available to them. Based on these conditions, no significant
impacts related to displacement of housing are expected.
III. GEOPHYSICAL. Would the proposal result
in or expose people to potential impacts
involving:
a) Unstable earth conditions or changes in rn [] r~ ~
geologic substructures?
/0
(H 5home\planning\edalia~IS-99-07checklist. doc) page2
b) Disruptions, displacements, compaction or [] [] [] []
overcovering of the soil?
c) Change in topography or ground surface [] [] [] []
relief features?
d) The destruction, covering or modification [] [] [] []
of any unique geologic or physical
features?
e) Any increase in wind or water erosion of [] [] o []
soils, either on or off the site?
f) Changes in deposition or e?osion of beach [] [] [] []
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay inlet or lake?
g) Exposure of people or property to geologic [] [] [] []
hazards such as earthquakes, landslides,
mud slides, ground failure, or similar
hazards?
Comments: The proposed project is in an area that is paved or disturbed. Minimal grading
is required to complete the proposed project. In accordance with City Standard
requirements soil testing samples will be taken prior to the commencement and during
construction of the proposed project.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage [] [] [] []
patterns, or the rate and amount of surface
runoff?.
b) Exposure of people or property to water [] [] rn ~
related hazards such as flooding or tidal
waves?
c) Discharge into surface waters or other [] [] [] []
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or
turbidity)?
d) Changes in the amount of surface water in [] [] [] ~
any water body?
e) Changes in 9urrents, or the course of [] tn [] []
direction of water movements, in either
marine or fresh waters?
(H:khome\planning\edMiaklS-99-07checklist. doc) page3
f) Change in the quantity of ground waters, [] [] [] rn
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
g) Altered direction or rate of flow of [] [] r2 ~
groundwater?
h) Impacts to groundwater quality? [] [] [] rn
i) Alterations to the course or flow of flood [] [] [] []
waters?
j) Substantial reduction in the amount of [] [] [] []
water otherwise available for public water
supplies?
Comments: The proposed road widening would result in minor changes to existing runoff
and absorption rates due to the paving of additional areas. Paved areas reduce local
absorption rates and increase runoff by creating impermeable surfaces. However, due to the
relatively small area and associated runoff the impact is considered less than significant.
Drainage improvements are proposed in order to convey runoff associated with the project and
areas within the vicinity. The proposed drainage improvements will include installing new RCP
and/or PVC pipe underground and constructing curb inlets, cleanouts and headwalls at certain
critical locations as determined by the engineer of work. In its developed condition, the
generated flow from the study area basins will be conveyed through storm drain facilities that
ultimately outlet to existing channels.
Currently, the flow generated at the south side of Palomar Street, between Frontage Road and
Industrial Boulevard, is being conveyed across Palomar Street by means of a cross gutter. Due
to public safety considerations and potential damage to adjacent properties, said cross gutter
will be removed and replaced with storm drain facilities which include a curb inlet and
underground piping. The runoff will ultimately outlet at an existing channel adjacent to
Interstate 5.
Sumps are proposed along the westerly side of Industrial Boulevard at both the northerly and
southerly ends of the intersection with Palomar Street in order to convey the generated runoff
associated with the drainage basins. The runoff will ultimately outlet to the east along an
existing earthen channel adjacent to the MTDB trolley tracks. At the outlets, headwalls and
splashwalls will be constructed to minimize disturbance in the channel area. The runoff will
be conveyed to the channel by means of curb inlets and underground piping. Based on these
conditions no significant impacts to existing drainage patterns would result from the proposed
project.
(H:khome\planning\edalia~S-99-07chec!dist. doc)
Potential water quality impacts include erosion~ sedimentation, potential accidental discharge
of construction-related hazardous materials (e.g., fuels and lubricants), and the possible
disposal and extracted groundwater. However, these impacts would be avoided or reduced
to below a level of significance through implementation of existing requirements under the
National Pollutant Discharge Elimination System (NPDES). The proposed grading
associated with the project is limited to approximately 10-trenching for storm drains and
grading is limited to approximately 4-feet for the widening of the roadway. Due to the
shallow grading and excavation involved the extraction of groundwater is highly unlikely.
Additionally, no groundwater was encountered during the Subsurface exploration
(Subsurface Investigation Report) which included 20-foot deep borings.
Since the project is over 5-acres, the City will be required to obtain a General Construction
Storm Water Permit from the State Water Resources Control Board (SWRCB) prior to
construction. The permit includes provisions to minimize offsite sediment transport through
implementation of a Storm Water Pollution Prevention Plan (SWPPP). The use and storage
of construction related hazardous material would also be regulated under this permit.
SWPPP requirements include construction related erosion and sedimentation control
measures; monitoring requirements during and after construction; and the use of Best
Management Practices (BMPs), Best Available Technology (BAT), and/or Best
Conventional Pollution Control Technology (BCT). Implementation of NPDES permit
conditions would result in a less than significant impact
Excavation related to proposed drainage improvements may result in the encounter of
shallow aquifers and disposal of groundwater may be required. If a shallow aquifer(s) is
encountered during grading or excavation, the City of Chula Vista will be required to obtain
an approved NPDES Dewatering Waste Discharge Permit from the San Diego Regional
Water Quality Control Board 0tWQCB) prior to groundwater extraction or disposal.
Compliance with NPDES permit requirements would result in a less than significant impact.
V. AIR QUALITY. Would the proposal..
a) Violate any air quality standard or [] r~ rn []
contribute to an existing or projected air
quality violation?
b) Expose sensitive receptors to pollutants? [] [] [] []
c) Alter air movement, moisture, or [] [] [] []
temperature, or cause any change in
climate, either locally or regionally?
d) Create objectionable odors? [] [] [] []
e) Create a substantial increase in stationary
or non-stationary sources of air emissions
or the deterioration of ambient air quality?
(H:~ome\planning\edaliaklS-99-07checklist.doc)
Comments: The proposed project located in a developed portion of the City would be
widened to its ultimate right-of-way to accommodate build out projections as identified in
the City's General Plan.
Potential odor generation associated with the proposed project would be limited to
construction and/or vehicular sources such as dust and diesel exhaust. No significant
impacts related to odors are anticipated from the proposed project due to the nature of
potential sources and the short-term duration of potential sources.
The proposed project would generate sufficient emissions and dust during construction-
related activities to result in a short-term significant, but mitigable, impact to air quality.
During the construction phase of the project, short-term emissions of several types of air
pollutants would occur. Dust would be generated and the combustion of fossil fuels by
construction equipment would create emissions. Fugitive dust would also be created due to
clearing, earth movement, and travel on unpaved surfaces. Although air quality impacts
resulting from construction related emissions are potentially significant, they are considered
short term in duration since construction is a relatively short-term, on-time activity.
Dust control during grading operations would be regulated in accordance with the rules and
regulations of the San Diego Air Pollution Control District (APCD). During construction of
the project, the following mitigation measures would be required to reduce fugitive dust
impacts and emissions impacts from construction equipment to a level below significance: 1)
All unpaved construction areas shall be sprinkled with water or other acceptable dust control
agents during dust-generating activities to reduce dust emissions; 2) Additional watering or
dust control agents shall be applied during dry weather or windy days until dust emissions
are not visible; 3) Trucks hauling dirt and debris shall be properly covered to reduce
windblown dust and spills; 4) A 20-mile-per-hour speed limit shall be enforced on unpaved
surfaces in connection with the project; 5) On dry days, dirt and debris spilled onto paved
surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused
by vehicle movement; 6) Approach routes to construction sites shall be cleaned daily of
construction-related dirt in dry weather; 7) On-site stockpiles of excavated material shall be
covered or watered. Disturbed areas shall be hydroseeded, landscaped, or developed as
quickly as possible and as directed by the City to reduce dust generation; 8) Heavy-duty
construction equipment with modified combustion/fuel injection systems for emissions
control shall be utilized during grading and construction activities; 9) Catalytic reduction
for gasoline-powered equipment shall be used; I0) Construction equipment shall be
equipped with prechamber diesel engines (or equivalent) together with proper maintenance
and operation to reduce emissions of nitrogen oxide, to the extent available and feasible.
Compliance with City standard requirements and mitigation measures will avoid or reduce
potential air quality impacts m below a level of significance.
The demolition of existing structures on-site may result in the exposure of sensitive receptors
to pollutants. In order t9 mitigate potential air quality impacts to below a level of significance,
the existing structures at 1198 Trenton Avenue and 1196 Industrial Boulevard will be examined
for the presence of asbestos prior to demolition. The applicant will be required to contract with
Io-Zb
(H:~home\planning\edalia~IS-99-07checklist.doc) page6
a consultant certified by the State of California to conduct asbestos assessments and supervise
the proper removal of this element if it is found on-site. The applicant will adhere to all State
and local regulations. These regulations require that a permit be obtained and the proper
protocols followed in the removal of asbestos.
VI. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
a) Increased vehicle trips or traffic [] [] [] []
congestion?
b) Hazards to safety from design features [] [] [] []
(e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,
farm equipment)?
c) Inadequate emergency access or access to [] [] [] []
nearby uses?
d) Insufficient parking capacity on-site or off- r~ [] [] []
site?
e) Hazards or barriers for pedestrians or [] [] [] []
bicyclists?
f) Conflicts with adopted policies supporting [] [] [] []
alternative transportation (e.g. bus
turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts? [] [] [] []
h) A "large project" under the Congestion D [] [] []
Management Program? (An equivalent of
2400 or more average daily vehicle trips or
200 or more peak-hour vehicle trips.)
Comments: The upgrade of the existing roadway to its ultimate designation as a six-lane
prime arterial is intended to accommodate build out projections identified in the City of
Chula Vista General Plan. The existing roadway is located in an urbanized portion of the
City and is primarily intended to improve traffic and circulation for existing development
with some increase due to regional growth. Therefore, the proposed road widening is not
anticipated to result in additional trips or traffic congestion. The project design would meet
the objectives of the City of Chula Vista General Plan Circulation Element and no
significant impacts related to design safety hazards are anticipated.
During construction access may be restricted and traffic will be diverted to accommodate
grading and paving activities. However, ramp closure to Interstate 5 is not proposed.
Construction will be subject to City of Chula Vista Public Works Access and Safety
(H:~home\planning\edalia~IS-99-07checklist.doc) page7
Standards. No significant impacts related to emergency or local access are anticipated.
The proposed modifications to an existing roadway do not include long-term parking.
Short-term parking related to construction would be limited to temporary areas within the
construction site, and would not involve any impacts to on- or off-site parking capacity.
The proposed project includes the construction of curbs, gutters, and sidewalks that will
result in improved public access to nearby land uses and public transit facilities.
Construction is subject to City of Chula Vista Public Works access and safety standards.
No significant impacts related to emergency or local access are anticipated.
VII. BIOLOGICAL RESOURCES. WouM the
proposal result in impacts to:
a) Endangered, sensitive species, species of [] [] [] []
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage rn [] [] []
trees)?
c) Locally designated natural communities [] [] [] []
(e.g, oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and [] [] [] []
vernal pool)?
e) Wildlife dispersal or migration corridors? [] [] [] []
f) Affect regional habitat preservation [] [] rn []
planning efforts?
Comments: The proposed project is located in an extensively urbanized area with no native
habitat or sensitive species observed or expected to occur within areas of proposed grading
and/or construction. The project site and surrounding areas are not designated for open
space or preservation in the City's General Plan. The General Plan does not identify
sensitive plant or animal resources in this area. Therefore, no adverse impacts to biological
resources are noted.
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation
plans?
b) Use non-renewable resources in a wasteful
and inefficient mariner?
c) If the site is designated for mineral
(H:Xhome\planning\edalia~IS-99-07checklist.doc)
resource protection, will this project
impact this protection?
Comments: Direct energy and non-renewable resource consumption would be limited to
minor amounts of fuel and electricity for construction activities. The proposed project does
not conflict with energy conservation plans. The project site is not designated for mineral
resource protection in the City of Chula Vista General Plan. Based on these conditions, no
mineral resource impacts are anticipated from implementation of the proposed project.
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of [] r~ r~ []
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency [] [] [] []
response plan or emergency evacuation
plan?
c) The creation of any health hazard or [] [] [] []
potential health hazard?
d) Exposure of people to existing sources of [] [] [] []
potential health hazards?
e) Increased fire hazard in areas with [] [] [] []
flammable brush, grass, or trees?
Comments: The property at 1196 Industrial Boulevard was previously used as a gas station
during the late 1920's to 1950's. Approximately twenty-feet of this property is within the
proposed right-of-way. Due to the historical use of the site as a gas station a Phase II
Environmental Site Assessment (Subsurface Investigation Report) was required to identify
the presence of petroleum hydrocarbons. According to the Subsurface Investigation Report
by GEOCON, dated August 2000, the presence of petroleum hydrocarbons was indicated
through field observations at one soil sample location. However, analysis of soil samples
collected from the borings did not confn'm the presence of TPH, BTEX, or MTBE above
the laboratory detection limits for the analytical methods employed. The Subsurface
Investigation Report concludes that further assessment is not necessary. Based on this
conclusion, the proposed site does not result in a potential health hazard to humans.
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? [] [] []
b) Exposure of people to severe noise levels? [] [] []
Comments: The proposed project is subject to compliance with the City of Chula Vista,
(H:~horne\planning\edalia~IS-99-07checklist. doc)
Federal Highway Administration (FHWA) and California Department of Transportation
(Caltrans) noise criteria. FHWA and Caltrans noise criteria are applicable for the land uses
adjacent to Palomar Street due to the use of Federal funding
An Acoustical Assessment Report was prepared for the proposed project by Pacific Noise
Control (April 2000). The complete report available for review at the City of Chula Vista
Planning and Building Department. The results of this study are summarized below.
In accordance with Chapter 19.68.101 of the Municipal Code, the Acoustical Assessmem
Report describes community noise levels in terms of Community Noise Equivalent Level
(CNEL). The CNEL is a 24-hour average A-weighted sound level with a ten decibel (dB)
"penalty" added to noise during the hours of 10:00 PM to 7:00 AM, and a five dB penalty
added to the evening hours from 7:00 to 10:00 PM. The penalty is added to reflect
increased noise sensitivity during nighttime hours. The A-weighted scale measures noise
levels corresponding to the human hearing frequency response. The City requires that the
maximum acceptable exterior noise level for new residential development not exceed a
CNEL of 65 dB. The Acoustical Assessment Report evaluated noise levels at residences
immediately adjacent to Palomar Street in terms of the peak (noisiest) hour average sound
level.
The FHWA follows the noise abatement procedures established in the Code of Federal
Regulations (Title 23 CFR 772). Caltrans follows the noise abatement procedures as well as
policies established in Caltrans Highway Design Manual Chapter 1100 and Traffic Noise
Analysis Protocol (Caltrans 1998). The FHWA noise abatement criteria categorize different
activities and land uses for the purpose of assessing noise impacts. The criteria are based on
the peak (noisies0 hour average sound level. The noise abatement criteria for outdoor noise
exposure are applied where frequent human activity such as swimming pools and common
use areas at residential areas. The FHWA considers a traffic noise impact occurs when the
predicted traffic noise levels approach or exceed the Noise Abatement Criteria.
Based on the results of the Analysis in the Acoustical Assessment Report, the backyard of
two residences located near the northwest corner of Palomar Street and Industrial Boulevard
would be exposed to peak one-hour average sound level of 67 dB and 69 dB. These noise
levels would exceed the FHWA/Caltrans noise criteria. The Acoustical Assessment Report
recommends the construction of a six-foot high noise barrier at 1196 Industrial Boulevard,
1193 Trenton Avenue, and 1198 Trenton Avenue to reduce potential noise impacts to a level
below significance. Those proposed 6-foot high barriers are generally located upon the
right-of-way except for the wrap around required to effectively attenuate the traffic noise.
The 6-foot high noise barriers will result in furore mitigated peak hour average noise levels
from 61 to 63 dB at these sites. A six-foot high noise barrier would also mitigate the noise
level to 65 dB CNEL or less and would therefore comply with the City's CNEL noise
criteria.
Upon review of the Acoustical Assessment Report, Caltrans determined that the
recommendations of the Report meet the requirements for a traffic noise impact analysis in
accordance with Caltran's Traffic Noise Analysis Protocol (October 1998). The
(H:~home\plannmg\edalia~IS-99-07checklist. doc)
incorporation of a 6-foot high noise barrier in the project design, in accordance with the
Acoustical Assessment Report, will mitigate noise impacts to below a level of significance.
The proposed project would also result in temporary noise generated by construction
equipment. According to the Acoustical Assessment Report construction, equipment would
result in maximum noise levels at 50 feet range from approximately 75 to 95 dB. The
Acoustical Assessment Report recommends that each internal combustion engine, used for
any purpose on the job or related to the job, shall be equipped with a muffler of a type
recommended by the manufacturer. No internal combustion engine shall be operated on the
project without said muffler. Additionally, construction activities shall be limited to the
following hours: weekdays from 7:00 a.m. to 7:00 p.m. and Saturday from 7:00 a.m. to
6:00 p.m. Construction shall be prohibited on Sunday. The proposed mitigation in addition
to'compliance with City of Chula Vista Public Works Standard Construction requirements
will serve to reduce noise impacts to a level below significance.
XI. PUBLIC SERVICES. WouM the proposal
have an effect upon, or result in a need for
new or altered government services in any of
the following areas:
a) Fire protection? [] [] [] []
b) Police protection? [] [] [] []
c) Schools? [] [] [] []
d) Maintenance of public facilities, including [] [] [] []
roads?
e) Other governmental services? [] [] [] []
Comments: The proposed facilities consist of a 6-lane roadway and associated landscaping
which are not expected to generate increased demand for public services.
XII. Thresholds. Will the proposal adversely
impact the City's Threshold Standards ?
As described below, the proposed project does not adversely impact any of the seen
Threshold Standards.
a) Fire/EMS D [] [] ~
The Threshold Standards requires that fire and medical units must be able to
respond to calls within 7 minutes or less in 85 % of the cases and within 5
minutes or less in 75% of the cases. The City of Chula Vista has indicated that
this threshold standard will be met, since the nearest fire station is 1 miles away
and would b.e associated with a 3-minute response time. The proposed project
complies with this Threshold Standard.
(HSh°me\plamamg\edaliaxlS-99-07 checklist.doc) page~ ~
Comments: The proposed street widening would not generate demand for fire protection
or emergency medical services. Therefore, no associated impacts to Fire/EMS Threshold
Standard are anticipated.
b) Police [] [] [] []
The Threshold Standards require that police units must respond to 84% of
Priority 1 calls within 7 minutes or less and maintain an average response time to
all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10%
of Priority 2 calls within 7 minutes or less and maintain an average response time
to all Priority 2 calls of 7 minutes or less.
Comments: The proposed project does not generate demand for police protection services,
therefore no associated impacts to the Police Service Threshold Standard are anticipated.
c) Traffic [] [] [] []
The Threshold Standards require that all signalized arterial segments operate at a
Level of Service (LOS) "C" or better, with the exception that Level of Service
(LOS) "D" may occur during the peak two hours of the day at signalized
intersections. Those signalized intersections west of 1-805 which do not meet the
above standard may continue to operate at their current 1991 LOS, but shall not
worsen. No intersection may reach LOS "E" or "F' during the average weekday
peak hour. Intersections of arterials with freeway ramps are exempted from this
Standard. The proposed project complies with this Threshold Standard.
Comments: As previously noted, the proposed project would accommodate projected on-
site traffic volumes and provide acceptable roadway and intersection LOS through build out.
The project would improve local traffic circulation and service levels, with no associated
adverse impacts to traffic service threshold standards anticipated.
d) Parks/Recreation [] [] r~ []
The Threshold Standard for Parks and Recreation is 3-acres/I,000 population east
of 1-805.
Comments: The proposed project would not generate demand for park/recreation
services, with not associated impacts to the Parks and Recreation Threshold Standards
anticipated.
e) Drainage [] [] []
The Threshold Standards require that storm water flows and volumes not
exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with the Drainage Master Plan(s) and
City Engineering Standards. The proposed project complies with this
Threshold Standard.
(HAh°me\planning\edalia~IS-99-07checklist-doc)
Coraments: The resulting storm water flows and volumes do not exceed City Engineering
Standards. Drainage improvements identified in Section IV are consistent with the Drainage
Master Plan(s) and City Engineering Standards.
f) Sewer r~ u) [] []
The Threshold Standards require that sewage flows and volumes not
exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with Sewer Master Plan(s) and City
Engineering Standards.
Comments: The proposed project would not generate any demand for sewer services, no
impacts associated with the Sewer Threshold Standard are anticipated.
g) Water [] [] [] []
The Threshold Standards require that adequate storage, treatment, and
transmission facilities are constructed concurrently with planned growth and that
water quality standards are not jeopardized during growth and construction
Applicants may also be required to participate in whatever water conservation or
fee off-set program the City of Chula Vista has in effect at the time of building
permit issuance.
Comments: The proposed project would not generate the need for the storage or treatment
of water. Distribution facilities are limited to minor irrigation pipelines. As such, no
impacts associated with the Water Threshold Standard are anticipated.
XIII. UTILITIES AND SERVICE SYSTEMS.
Would the proposal result in a need for new
systems, or substantial alterations to the
following utilities:
a) Power or natural gas? [] [] [] []
b) Communications systems? [] [] [] []
c) Local or regional water treatment or [] [] [] []
distribution facilities?
d) Sewer or septic tanks? [] [] [] ~
e) Storm water drainage? r~ [] [] []
f) Solid waste disposal? [] [] [] []
Comments: Power demands would be limited to minor use from construction activities.
No associated significant impacts to power or natural gas systems are anticipated.
(H:Xhome\plannin g\edalia~lS-99-07 checklist.doc) pagen
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to [] [] [] []
the public or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
b) Cause the destruction or modification of a [] [] [] t~
scenic route?
c) Have a demonstrable negative aesthetic [] [] [] []
effect?
d) Create added light or glare sources that [] [] [] []
could increase the level of sky glow in an
area or cause this project to fail to comply
with Section 19.66.100 of the Chula Vista
Municipal Code, Title 197
e) Reduce an additional amount of spill light? rn [] [] []
Comments: The proposed widening will include curb, gutter, and sidewalk that will
improve the aesthetics of the area. The six-foot high sound wall will include landscaping
and is subject to standard review and approval by the City Parks and Recreation Department
for design and landscaping. Based on these requirements, the project will not result in any
impacts to aesthetics.
XV. CULTURAL RESOURCES. Would the
proposal:
a) Will the proposal result in the alteration of [] [] [] []
or the destruction or a prehistoric or
historic archaeological site?
b) Will the proposal result in adverse physical [] [] [] []
or aesthetic effects to a prehistoric or
historic building, structure or object?
c) Does the proposal have the potential to [] [] [] []
cause a physical change which would affect
unique ethnic cultural values?
d) Will the proposal restrict existing religious [] [] [] []
or sacred uses within the potential impact
area?
e) Is the area identified on the City's General [] [] [] []
Plan EIR as an area of high potential for
archeological resources?
(H 5home\planning\edaliaklS-99-07checkl/st.doc) pagel4
Comments: A Historic Property Survey Report was prepared in September 1999 by KEA
Environmental, Incorporated. The report was forwarded to the FHWA and Caltrans for
review concurrence and processing to the State Historic Preservation Office (SHPO) as
required by 36CFR800 and Section 106 of the National Historic Preservation Act. The City
received concurrence from FHWA and SHPO that none of the properties are eligible for
inclusion on the National Register of Historic Places (NRHP) under any of the criteria
established by 36CFR800. Caltrans also determined that none of the identified properties
were deemed eligible for the California Register of Historic Places (CRHP). Based on this
information, the proposed project will have no effect on historic properties.
XVI. PALEONTOLOGICAL RESOURCES. Will [] [] [] []
the proposal result in the alteration of or the
destruction of paleontological resources ?
Comments: The Conservation and Open Space Element of the General Plan does not
identify the subject site as an area of paleontological resources. Therefore, the project will
not impact paleontological resources.
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or rn [] [] []
regional parks or other recreational
facilities?
b) Affect existing recreational opportunities? [] [] [] []
c) Interfere with recreation parks & recreation [] [] [] []
plans or programs?
Comments: The proposed project would not generate any new homes or population.
Therefore the project will not impact park and recreational facilities.
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative Declaration
for mandatory findings of significance. If an
EIR is needed, this section should be
completed.
a) Does the project have the potential to [] [] []
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
(H:~home\planning\edalia~IS-99-07checklist.doc) pagel5
plant or animal or eliminate important
examples of the major periods or
California history or prehistory?
Comments: The proposed road widening is located in a developed urban setting. The
project would not substantially reduce fish or wildlife habitat, or adversely affect fish,
wildlife, plant or animal communities, or rare or endangered species. The proposed project
would not impact any historic or archaeological cultural resources.
b) Does the project have the potential to [] [] [] a
achieve short-term, to the disadvantage of
long-term, environmental goals?
Comments: The proposed project is not expected to threaten any long-term environmental
goals.
c) Does the project have impacts that are [] [] [] []
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects.)
Comments: Based on the developed nature of the project site, the short-term nature of
most potentially significant impacts, and the fact that all such effects would be avoided or
effectively reduced through identified mitigation, no significant cumulative impacts are
anticipated from implementation of the proposed project.
d) Does the project have environmental effect [] [] [] z
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
Comments: No substantial significant effects on human beings would result from the
proposed road widening.
(H:~ome\planning\edaliaXlS-99-07checldist.doc)
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following mitigation measures have been incorporated into the project and will be
implemented during the design, construction or operation of the project:
AIR OUALITY
Asbestos Related Impacts
1. The applicant shall contract with an environmental consultant certified by the State of
California to conduct testing for the presence of asbestos in buildings and for the proper
removal and disposal of this element, if detected, prior to commencing with the demolition
operations. The applicant shall be responsible for obtaining all the required permits from
all affected state and local regulatory agencies including the San Diego Air Pollution
Control District (APCD) and shall further provide proof of having obtained approval to
proceed with this process to the Planning and Building Department prior to obtaining a
building permit.
Construction-Related Impacts
1. All unpaved construction areas shall be sprinkled with water or other acceptable dust
control agents during dust-generating activities to reduce dust emissions. Additional
watering or dust control agents shall be applied during dry weather or windy days until
dust emissions are not visible.
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and
spills
3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be
enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to
reduce re-suspension of particulate matter caused by vehicle movement. Approach routes
to construction sites shall be cleaned daily of construction-related dirt in dry weather.
5. On-site stockpiles of excavated material shall be covered or watered.
6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and
as directed by the City to reduce dust generation.
7. Heavy-duty construction equipment with modified combustion/fuel injection systems for
emissions control shall be utilized during grading and construction activities. Catalytic
reduction for gasoline-powered equipment shall be used. Also, equip construction
equipment with prechamber diesel engines (or equivalent) together with proper
maintenance and operation to reduce emissions of nitrogen oxide, to the extent available
and feasible.
(H:~home\planning\edalia~IS-99-07checklist.doc) pagel7
NOISE
Permanent Noise Impacts
1. Noise barriers shall be constructed prior to the opening of the new traffic lanes at required
locations along the north side of Palomar Street as described in the Acoustical Assessment
Report (Pacific Noise Control, April 2000). Specifically, this will include a six-foot high noise
barrier at 1196 Industrial Boulevard, 1193 Trenton Avenue, and 1198 Trenton Avenue.
Temporary. Noise Impacts
1. Construction activities shall be limited to the following hours: weekdays from 7:00 a.m. to
7:00 p.m. and Saturday from 7:00 a.m. to 6:00 p.m. Construction shall be prohibited on
Sunday. Construction equipment shall be maintained in proper operating condition and shall
be equipped with mufflers.
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have
each read, understood and have their respective company's authority to and do agree to the
mitigation measures contained herein, and will implement same to the satisfaction of the
Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting
of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicants'
and/or Operator's desire that the Project be held in abeyance without approval and that
Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report.
Printed Name and Title of Authorized Representative of Date
[Property Owner's Name]
Signa~ oiAuthoriz~d Representative of Date
[Property Owner's Name]
Printed Name and Title of Date
[Operator if different from Property OWner]
Signature of Authorized Representative of Date
[Operator if different from Property Owner]
(H:Lhome\planning\edalia~l S-99-07checklist.doc) pag~18
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless
Mitigated," as indicated by the checklist on the following pages.
[] Land Use and Planning [] Transportation/Circulation [] Public Services
[] Population and [] Biological Resources [] Utilities and Service
Housing Systems
[] Geophysical [] Energy and Mineral [] Aesthetics
Resources
[] Water [] Hazards [] Cultural Resources .
[] Air Quality [] Noise [] Recreation
[] Mandatory Findings of Sigrdficance
(H:Xh°me\planmng\edalia~IS'99-07checklist.d°c) p~g~19
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the []
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the []
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I fred that the proposed project MAY have a significant effect on the []
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I fred that the proposed project MAY have a significant effect(s) on the []
environment, but at least one effect: 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on the earlier analysis as described on attached sheets,
if the effect is a "potentially significant impacts" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards and (b) have been avoided or mitigated pursuant
to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project. An addendum has been prepared to provide a record
of this determination.
Enviroruffental Review Coordina{(0~ Date
City of Chula Vista
(H:~home\planning\edalia~IS-99-07checklist.doc) page20
o~
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DETERMINING AND DECLARING THE
PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHTS-OF-
WAY ON 1187 TRENTON AVENUE, 1198 TRENTON
AVENUE, 1100 INDUSTRIAL BOULEVARD, 1196
INDUSTRIAL BOULEVARD, 765 TO 771 PALOMAR
STREET, 781 PALOMAR STREET, 795 PALOMAR STREET
AND 1197 WALNUT AVENUE FOR THE CONSTRUCTION
OF THE "PALOMAR STREET IMPROVEMENTS, FROM
INTERSTATE 5 TO INDUSTRIAL BOULEVARD" PROJECT
(ST-922) AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL
TO ACQUIRE SAID RIGHTS-OF-WAY
WHEREAS, in connection with municipal purposes, it appears necessary for the City of
Chula Vista to acquire interests in certain real property located at 1187 Trenton Avenue, 1198
Trenton Avenue, 1100 Industrial Boulevard, 1196 Industrial Boulevard, 765 to 771 Palomar
Street, 781 Palomar Street, 795 Palomar Street and 1197 Walnut Avenue, Chula Vista,
California, for the construction, maintenance and operation of the "Palomar Street
Improvements, Interstate 5 to Industrial Boulevard" Project (ST -922), a public use ("Project);
and
WHEREAS, the Envirorunental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEP A); and
WHEREAS, the Envirorunental Review Coordinator has determined that the proposed
project was adequately covered under CEQA in previously adopted Mitigated Negative
Declaration IS-99-07 and under NEP A pursuant to Categorical Exclusion STPL-5203 (009); and
THEREFORE, the Envirorunental Review Coordinator has determined that no further
environmental review or documentation is necessary; and
WHEREAS, public interest, convenience and necessity require the acquisition ofrights of
way for street and related appurtenance purposes and temporary construction easements in said
real property as more particularly described and depicted in the attached Deed and Exhibits
thereto, on filed in the City Clerk's Office, for said Project; and
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
/ó - 56
WHEREAS, said real property, and the rights of way for street and related appurtenances
purposes and/or temporary construction. easements as described in the attached Exhibits, are
necessary for the Project; and
WHEREAS, said real property is located entirely within the territorial limits of the City
of Chula Vista; and
WHEREAS, to the extent that any portion of the subject affected properties include
property previously dedicated to public use, the taking of the described interests herein by the
City as to any such portion is either for a compatible public use consistent with and authorized by
Code of Civil Procedure section 1240.510, or for a more necessary public use consistent with and
authorized by Code of Civil Procedure section 1240.610; and
WHEREAS, the City of Chula Vista is authorized to acquire the necessary interests in
said real property, for such public use by eminent domain pursuant, inter alia, to California
Constitution Article I, Section 19; California Code of Civil Procedure sections 1240.010,
1240.110, 1240.120, 1240.150, 1240.320, 1240.410, 1240.430, and 1255.410; and The
Improvement Act of 1911; Streets and Highways Code section 5100, et seq., 5023 and 5023.1;
Government Code sections 37350.5 and 40404; and
WHEREAS, the offers to purchase the required interests in the real property necessary for
the Project, together with the accompanying statement and surrunary of the basis for the amount
established as just compensation, was actually made to the owners of record in the form required
by Government Code section 7267.2; and
WHEREAS, the persons designated in section 1245.235 of the Code of Civil Procedure,
have been provided notice and a reasonable opportunity to appear and be heard on the matters
referred to in section 1240.030 of the Code of Civil Procedure, as well as other matters referred
to within said notices of public hearing; and
WHEREAS, the City of Chula Vista has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain ("the right to take") to acquire
the interests in real property described in the attached Exhibits, as well as any other matter
regarding the right to take said property interests by eminent domain; and
WHEREAS, the City of Chula Vista has statutory authority to acquire the necessary
interests in property by eminent domain.
NOW THEREFORE, BE IT RESOLVED based upon the evidence presented, that the
City Council of the City of Chula Vista, by a vote of not less than two-thirds of its members,
further FINDS, DETERMINES, DECLARES AND RESOLVES each of the following:
1.
That the above recitations are true and correct.
2
/0 -6ft;
2. That the staff report and all evidence presented at the public hearing on this matter have
been reviewed and considered and are hereby incorporated into the record.
3. That the public interest, convenience and necessity of the City of Chula Vista, and the
inhabitants thereof, require the project and improvements and appurtenances thereto.
4. That the Project and improvements and appurtenances thereto to be constructed upon,
over, under, along, and across the real property described and depicted in the attached Deeds and
Exhibits have been planned and located in the manner which will be most compatible with the
greatest public good and the least private injury.
5. That the real property interests to be acquired, as described in the attached Exhibits, are
necessary for the proposed Project.
6. That the offers, in the form and containing all of the factual information as required by
Government Code section 7267.2, have been made to the owners of record of the property
interests to be acquired, and the notices and opportunity to appear before the City Council as
required by Code of Civil Procedure section 1245.235 have been given.
7. That the City ofChula Vista has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain ("the right to take") to acquire the property
interests described herein, as well as any other matter regarding the right to take said property
interests by eminent domain.
8. As to those affected parcels, the necessary Temporary Construction Easement shall have
a duration of one year ITom the date of the start of physical construction within said Easement
area. In no event shall said Temporary Construction Easement extend beyond December 31,
2004.
9. That to the extent that any portion of the affected properties include property previously
dedicated to public use, the taking by the City as to any such portion is either for a compatible
public use and authorized by Code of Civil Procedure section 1240.510, or for a more necessary
public use consistent with and authorized by Code of Civil Procedure section 1240.610.
10. That the City of Chula Vista, and all appropriate officers, representatives and attorneys
and/or outside counsel are hereby authorized and directed to acquire the necessary interests in the
real property described and depicted in the attached Deeds and Exhibits thereto, in the name of
and on behalf of the City of Chula Vista, and to that end are hereby authorized and directed to
commence and prosecute an action, or actions, in eminent domain for the purpose of acquiring
the described interests in said real property, and to obtain an order for irrunediate possession in
the manner provided by law.
3
10 -5'7
Presented by
John P. Lippitt
Director of Public Works
H,lattomeyl,esoNecP,lo""".doc
Approved as to form by
~~~
City Attorney
4
/0-58
",
"
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorders use, only)
>
Assessor's Parcel Number 617-072'{ 7
Chula Vista OP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements. 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jose A. Anton and Lupe
G. Anton, Trustees V.D.T. dated February 29, 2000 (Grantor) hereby grants to the CITY OF CHULA VISTA, a
municipal corporation, in the County of San Diego, State of California (Grantee), a temporary construction
and access easement in, upon, over, under, and across that certain real property situated in said City of Chula
Vista and more particularly described as follows;
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
10- 59
Signed this - day of
. 20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VL'ita, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursUllnt to authority
conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J 'ISurveylST922\legalsIFin'1\617 -O72-07t.doc
/o-(pO
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands of Jose A. Anton and Lupe G. Anton, Trustees U.D.T.
dated February 29,2000 as described in that document recorded as Doc. # 2000-0131411, San
Diego County Records, being that portion of said Lands that lies within the parcel of land more
particularly described as follows:
Corrunencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shoWn on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00' 12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 113.16 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 29.36 feet; thence North 83°00'12" West, 71.95 feet; thence
North 17°56'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72°11 '17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00'12"
West, 104.68 feet; thence North 50°28'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85°46'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 feet; thence South 72°11' 17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6°59'48" West, 40.00
feet; thence North 83°00'12" West, 181.26 feet; thence South 6°59'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, thru a central angle of2°16'18", for a arc length of 15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83°00' 12" East, 708.25 feet; thence North 72°03 '55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyors Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
date
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Peter H. Ehlert, PLS 5116
expires 6/30/2003
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LEGEND
ASSESSORS PARCEL NUMBER
V//////////1
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUBJECT PARCEL
APN 617-072-07
- -
LIMITS OF SUBJECT PARCEL
0: \SDSKPROJ\ST922\DRAW\FlNAL \ROmimits.dwg 09/12/01 02:08:31 PM PDT
DRA'MV BY: TITLE:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS
g~;~-O1 EXHIBIT B
;0-&;)-
PROJECT FILE #ST922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
l
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 617'{ 72'{ 7
Chula Vista CIP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jose A Anton and Lupe
G. Anton, Trustees u.D.T. dated February 29, 2000 (Grantor) hereby grants to the CITY OF CHULA
VISTA, the right of way and incidents thereto for a public street upon, over and across that certain real
property in the City of Chula Vista, County of San Diego, State of California, more particularly described as
follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
! 0 - &3
Signed this - day of
.20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, OTY CLERK
By:
Date:
J :\Survey\ST922\Legals\Final\617 -072-07p.doc
/o-IPI
Exhibit A
Street Easement
An easement over a portion of the Lands of Jose A. Anton and Lupe G. Anton, Trustees U.D.T.
dated February 29,2000 as described in that document recorded as Doc. # 2000-0131411, San
Diego County Records, being that portion of said Lands that lies within the parcel of land more
particularly described as follows:
Commencing at Palomar Street Construction Cenlerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence'ITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83°00'12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11 '17" West, 2.42 feet; thence South 17°56'05" East, 18.56 feet; thence North 83°00'12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17"56'05" West, 6.19 feet; thence South 72°11 '17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00' 12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
'\u 1/\ e) íÎt. ~,.
"'f~ J":í L- V '-. '.
Peter H. Ehlert, PLS 5116
expires 6130/2003
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date:
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STREET EASEMENT BEING
ACOUIRED FOR SUBJECT PARCEL
2.816 SQUARE FEET (MORE OR LESS)
PALOMAR STREET
LEGEND
ASSESSORS PARCEL NUMBER
V/////////¿j
APN 617-072-07
STREET EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
- -
LIMITS Of SUBV£CT PARCEL
0: \SOSKPROJ\ST922\DRAW\FlNAL \ROWlimils.dwg 09/07/01 11:43:13 AM PDT PROJECT FILE IST922
"?AIW BY: TITLE: PREPARED BY:
.;REG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG TSCHERCH
g~;~-OI EXHIBIT B f:':YJfffEffY:
/ó-IÞ(¡;
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 617-071-09
Chula Vista OP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Louis O. Noriega, a
married man, as his sole and separate property and Alex Noriega, a single man (Grantor) hereby grants to the
CITY OF CHULA VISTA, the right of way and incidents thereto for a public street upon, over and across
that certain real property in the City of Chula Vista, County of San Diego, State of California, more
particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
)0-&1
Signed this - day of
20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certifY that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of ihe Chula VISta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5,1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, OTY CLERK
By:
Date:
J:\Survey\ST922\LegalslFinal\617-071'{ 9p.doc
/O-~g
Exhihit A
Street Easement
An easement over a portion of the Lands of Louis O. Noriega, a married man, as his sole and
separate property and Alex Noriega, a single man as described in that document recorded as Doc
# 1993-0306739, San Diego County Records, being that portion of said Lands that lies within the
parcel of land more particularly described as follows:
Corrunencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83°00'12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11 '17" West, 2.42 feet; thence South 17°56'05" East, 18.56 feet; thence North 83°00'12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17°56'05" West, 6.19 feet; thence South 72°11 '17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00'12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Surveyors Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
Peter H. Ehlert, PLS 5116
expires 6130/2003
date
'8/U1 ItJl
~~
J:lSurveylST922\LegalsIFinal\61 7 -071-09p.doc
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STREET EASEMENT BEING
ACQUIRED FOR SUBJECT PARCEL
2,816 SQUARE FEET (MORE OR LESS)
PALOMAR STREET
LEGEND
PARCEL ADDRESS
V//////////1
1198 TRENTON A'ÆNUE
CHUlA VISTA, CA 91910
STREET EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
APN 617-071-09
LIMITS OF SUB.Æ:CT PARCEL
0: \SDSKPROJ\ST922\DRAW\FtNAL \ROWlimils.dwg 09/07/01 11:43: 13 AM POT
~AK1V BY: TITLE:
j{[G TSCHERCH PALOMAR STREET IMPROVEMENTS
g~;~-O1 EXHIBIT B
/0- 70
PROJECT FILE #5T922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 617-071-09
Chula Vista CIP File No. ST-922
Grant Deed
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, , Louis O. Noriega,
a married man, as his sole and separate property and Alex Noriega, a single man (Grantor), hereby grants to
THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the following real property
situated in the City of Chula Vista, County of San Diego, State of California and more particularly
described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBITB FOR PLAT
This deed is subject to all existing easements.
Signed this
day of
, 20
Grantor Signatures:
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VIsta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula V'8ta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5,1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J :\Survey\ST922\Legals\Final\617 -O71-09g.doc
/0-1/
Exhibit A
Legal Description
All of the lands of Louis O. Noriega, a married man, as his sole and separate property and Alex
Noriega, a single man as described in that document recorded as Doc # 1993-0306739, San
Diego County Records.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~~
Peter H. Ehlert, PLS 5116
expires 6/30/2003
I~/Ol
date
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PALOMAR STREET
LEGEND
PARCEL ADDRESS
V//////// //1
1198 TRENTON AVENUE
CHUlA VISTA. CA 91910
LIMITS OF RIGHT OF WAY
ACQUISITION
ASSESSORS PARCEL NUMBER
- -
LIMITS OF SUBJECT PARCEL
Q: \SDSKPROJ\ST922\DRAW\F1NAL \ROW/imi/s.dwg
DRA 111\1 BY: TITLE:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS
g~;~-OI EXHIBIT B
10 - '73
APN 617-071-09
09/12/01 01:28: 37 PM PDT PROJECT FILE #5T922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
"
,.
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 618-200-02
Chula Vista OP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST92l Palomar Street Improvements. 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Michael A. Hall and
Birgit Hall, Trustee of the Hall Trust dated March 2, 2000, as to an undivided y., interest; James M. Hall, a
married man as his sole and separate property, as to an undivided y, interest; The Porter Family Partnership,
A California Partnership, as to an undivided y, interest; Leon Hall Fish, as trustee of the Leon Hall Fish Trust
dated February 26, 1974, as to an undivided y., interest, (Grantor) hereby grants to the CITY OF CHULA
VISTA, a municipal corporation, in the County of San Diego, State of California (Grantee), a temporary
construction and access easement in, upon, over, under, and across that certain real property situated in said
City of Chula Vista and more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
/0 - (11
Signed this - day of
. 20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J ,IS urveylST9221Le galslFíua~6 t 8-200-2 t. doc
I () - '75
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands Michael A. Hall and Birgit Hall, Trustee of the Hall
Trust dated March 2, 2000 as described in document recorded as Doc # 2001-0486326, as to an
undivided Y. interest; James M. Hall, a married man as his sole and separate property as
described in document recorded on December 12, 1960 as FilelPage 241003, as to an undivided
y. interest; The Porter Family Partnership, A California Partnership, as described in document
recorded as File No. 83-005455, as to an undivided Y. interest; Leon Hall Fish, as trustee of the
Leon Hall Fish Trust dated February 26, 1974, as described in document recorded as File No. 85-
142806, as to an undivided Y. interest, San Diego County Records, being that portion of said
Lands that lies within the parcel ofland more particularly described as follows:
Corrunencing at Palomar Street Construction Centerline Station 79+10.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715; thence North 17°56'05" West, 596.79 feet; thence South
72°03'55" West, 292.00 feet to the True Point of Beginning; thence ITom the True Point of
Beginning, North 17°56'05" West, 98.04 feet; thence North 22°46'47" East, 192.61 feet; thence
South 56°22'01" East, 22.83 feet; thence North 72°03'55" East, 152.17 feet; thence North
17°56'05" West, 30.00 feet; thence South 72°03'55" West, 88.36 feet; thence South 87°26'19"
West, 62.03 feet; thence North 56°22'01" West, 557.69 feet; thence North 72°32'31" West,
405.14 feet; thence North 4°53'40" West, 169.10 feet; thence along a non-tangent curve, the
radius point of which bears North 22°39'51" West, having a radius of 159.35 feet, thru a central
angle of69°08'13", for a arc length of 192.28 feet; thence North 80°55'44" East, 135.23 feet,
thence North 71 °57'38" East, 395.62 feet; thence South 17°04'19" East, 39.92 feet; thence North
78°00' 17" East, 119.20 feet; thence North 17°42'56" West, 140.81 feet; thence South 68°55'19"
West, 111.76 feet; thence South 15°30'31" East, 42.46 feet; thence South 71 °57'38" West,
397.67 feet; thence South 80°55'44" West, 162.34 feet; thence along a non-tangent curve, the
radius point of which bears South 72°06'27" West, having a radius of 129.35 feet, tbru a central
angle of 103°36'16", for a arc length of233.89 feet; thence South 4°53'40" East, 205.54 feet;
thence South 72°32'31" East, 441.50 feet; thence South 56°22'01" East, 543.85 feet; thence
South 22°46'47" West, 203.87 feet; thence South 17°56'05" East, 80.26 feet; thence South
56°22'01" East, 32.18 feet to the True Point of Beginning.
~WJ-
Ð/~q~l
date
Surveyor's Statement
This description was prepared by me or under my direction in
conformance with Section 8761 of the Land Surveyor's Act.
Peter H. Ehlert, PLS 5116
expires 6/30/2003
J:lSurveylST922\LegalslFinal\618-200-2t.doc
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LEGEND
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ASSESSORS PARCEL NUMBER
APN 618-200-02
-
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUBJECT PARCEL
- -
LIMITS OF SUBJECT PARCEL
0: \SDSKPROJ\ ST922 \ORA W\FINAL \ROWlimils. dwg 09/12/01 02: 25: 18 PM PDT
DRAWN BY: TITLE:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS
g~Jci-OI EXHIBIT B
l
/0 - '7'7
PROJECT FILE ¡ST922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 618-200'{ 2
Chula Vista OP File No. ST-922
EASEMENT FOR DRAINAGE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Michael A. Hall and
Birgit Hall, Trustee of the Hall Trust dated March 2, 2000, as to an undivided \4 interest; James M. Hall, a
married man as his sole and separate property, as to an undivided \4 interest; The Porter Family Partnership,
A California Partnership, as to an undivided \4 interest; Leon Hall Fish, as trustee of the Leon Hall Fish Trust
dated February 26, 1974, as to an undivided \4 interest, hereby grant to the OTY OF CHULA VISTA, a
municipal corporation, in the County of San Diego, State of California, an easement and right of way for, and
the right to construct, maintain, operate, replace, remove or enlarge a drain sewer and appurtenant structures
in, upon, over and across that certain real property situated in said City of Chula Vista and more particularly
described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
Together with the right to enter upon and to pass and repass over and along said easement and right of way and to
deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and
employees and by any contractor, his agents and employees engaged by said City, whenever and wherever
necessary for the purposes set forth above.
Signed this - day of
.20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency, is
hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confemd by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J : \Survey\ST922\Le gals\Final\618- 200- 2p. doc
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Exhibit A
Drainage Easement
An easement over a portion of the Lands of Michael A. Hall and Birgit Hall, Trustee of the Hall
Trust dated March 2,2000 as described in document recorded as Doc # 2001-0486326, as to an
undivided y., interest; James M. Hall, a married man as his sole and separate property as
described in document recorded on December 12, 1960 as File/Page 241003, as to an undivided
y., interest; The Porter Family Partnership, A California Partnership, as described in document
recorded as File No. 83-005455, as to an undivided y., interest; Leon Hall Fish, as trustee of the
Leon Hall Fish Trust dated February 26, 1974, as described in document recorded as File No. 85-
142806, as to an undivided y., interest, San Diego County Records, being that portion of said
Lands that lies within the parcel ofland more particularly described as follows:
Commencing at Palomar Street Construction Centerline Station 79+10.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715; thence North 17°56'05" West, 596.79 feet; thence South
72°03'55" West, 292.00 feet to the True Point of Beginning; thence ITom the True Point of
Beginning, North 17°56'05" West, 98.04 feet; thence North 22°46'47" East, 212.98 feet; thence
North 56°22'01" West, 563.22 feet; thence North 72°32'31" West, 430.94 feet; thence North
4°53'40" West, 162.54 feet; thence South 86°48'31" West, 20.01 feet; thence South 4°53'40"
East, 176.53 feet; thence South 72°32'31" East, 441.50 feet; thence South 56°22'01" East,
543.85 feet; thence South 22°46'47" West, 203.87 feet; thence South 17056'05" East, 80.26 feet;
thence South 56°22'01" East, 32.18 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~~
9/Zq!o1
v date '
Peter H. Ehlert, PLS 5116
expires 6/30/2003
J : \Survey\ST922\Le gals\Final\618- 200- 2p. doc
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DRAINAGE EASEMENT B£lNG
ACQUIRED FOR SUB.ECT PARCEL
23,389 SQUARE FEET (MORE OR LESS)
\ \ \
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LEGEND
ASSESSORS PARCEL NUMBER
APN 618-200-02
-
DRAINAGE EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
- -
LIMITS OF SUBJECT PARCEL
0: \SDSKPROJ\ST922\DRAW\FlNAL \ROW/imits.dwg 09/12/01 01:45:00 PM PDT
DRAWN BY: TITLE:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS
g~J,~-OI EXHIBIT B
Ij-gO
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PROJECT FILE IST922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 617-072-08
Chula Vista OP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements. 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Thomas A. IJndley and
Suzanne L Lindley, co-trustees of the Lindley Family Trust dated October 19, 1995 (Grantor) hereby grants
to the CITY OF CHUrA VISTA, a municipal corporation, in the County of San Diego, State of California
(Grantee), a temporary construction and access easement in, upon, over, under, and across that certain real
property situated in said City of Chula Vista and more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
/0 - g I
Signed this - day of
20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chu/a VISta City Council pursuant to authority
confeITed by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J :\Survey\ST922\Legals\Final\617 -072-08t.doc
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Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands of Thomas A. Lindley and Suzanne L. Lindley, co-
trustees of the Lindley Family Trust dated October 19, 1995 as described in that document
recorded as Doc. # 2000-0276586, San Diego County Records, being that portion of said Lands
that lies within the parcel ofland more particularly described as follows:
Commencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 113.16 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31'51" West, 29.36 feet; thence North 83°00'12" West, 71.95 feet; thence
North 17°56'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72°11 '17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00'12"
West, 104.68 feet; thence North 50°28'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85°46'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 feet; thence South 72°11' 17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6°59'48" West, 40.00
feet; thence North 83°00'12" West, 181.26 feet; thence South 6°59'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, tbru a central angle of2°16'18", for a arc length of 15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83°00'12" East, 708.25 feet; thence North 72°03'55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyors Statement
This description was prepared byme or under my direction in confonnance with Section 8761 of
the Land Surveyor's Act.
9~~~
Peter H. Ehlert, PLS 5116
expires 6/30/2003
'V/2 C¡ /0 t
date"
J:lSurveylST922\Legals\Final\617-072-08t.doc
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LEGEND
PARCEL ADDRESS
V/////////¿:1
1196 INDUSTRIAL BOULEVARD
CHULA VISTA. CA 91910
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
LIMITS OF SUBJECT PARCEL
APN 617-072-08
l
0: \SDSKPROJ\ST922\DRAW\FlNAL \ROWlimits.dwg 09/12/01 02: 11: II PM PDT
DRAWN BY: TITLE:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS
g~;~-ol EXHIBIT B
/O-8tf
PROJECT FILE #ST922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
i
Recording requested by and
please return to:
City Oerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
(This space for Recorder's use, only)
Assessor's Parcel Number 617-072-08
Chula Vista OP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Thomas A Lindley and
Suzanne L Lindley, co-trustees of the Lindley Family Trust dated October 19, 1995 (Grantor) hereby grants
to the CITY OF CHULA VISTA, the right of way and incidents thereto for a public street upon, over and
across that certain real propertY in the City of Chula Vista, County of San Diego, State of California, more
particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBITB FOR PLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
;0-85
"
Signed this - day of
.20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
conferred by Resolution No, 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, OTY CLERK
By:
Date:
J :\Survey\ST922\Lega]s\Final\617 -072-08p.doc
/o-f!tp
,.
Exhibit A
Street Easement
An easement over a portion of the Lands of Thomas A. Lindley and Suzanne 1. Lindley, cOo.
trustees ofthe Lindley Family Trust dated October 19, 1995 as described in that document
recorded as Doc. # 2000-0276586, San Diego County Records, being that portion of said Lands
that lies within the parcel of land more particularly described as follows:
Commencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00' 12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83°00'12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11 '17" West, 2.42 feet; thence South 17°56'05" East, 18.56 feet; thence North 83°00'12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17°56'05" West, 6.19 feet; thence South 72°11' 17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00'12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Surveyor's Statemeut
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
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. 'date
Peter H. Ehlert, PLS 5116
expires 6/30/2003
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r STREET EASEMENT BEING
ACQUIRED FOR SUBJECT PARCEL
~ 2.617 SQUARE FEET (MORE OR LESS)
PALOMAR STREET
Ù
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LEGEND
PARCEL ADDRESS
V//////////1
1196 INDUSTRIAL BOULEVARD
CHULA VISTA. CA 91910
STREET EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
LIMITS Of SUB.Æ:CT PARCEL
APN 617-072-08
09/07/01 11:43: 13 AM PDT
10-&8'
PROJECT FILE ¡ST922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622-020-68
Chula Vista OP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements, 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the CITY OF CHULA VISTA, a municipal
corporation, in the County of San Diego, State of California (Grantee), a temporary construction and access
easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and
more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBITBFORPLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
/o-gq
"
Signed this - day of
. 20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J ,ISurve y\ST922\Le gal'lF ¡naM 22-020-68 t .doc
j()-qo
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. 84-005903, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Commencing at Palomar Street Construction Centerline Station 79+ 10.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 113.16 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 29.36 feet; thence North 83°00'12" West, 71.95 feet; thence
North 17°56'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72°11 '17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00'12"
West, 104.68 feet; thence North 50°28'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85°46'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 fe.et; thence South 72°11 '17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6°59'48" West, 40.00
feet; thence North 83°00'12" West, 181.26 feet; thence South 6°59'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, thru a central angle of2°16'18", for a arc length of15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83°00'12" East, 708.25 feet; thence North 72°03'55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
Peter H. Ehlert, PLS 5116
expires 6/30/2003
g/zq!t)!
( date
~~
J : IS UTv eylS 1"9 22 \Legals IF i na 1\6 22 -0 20-6 8 t. d oc
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LEGEND
PARCEL ADDRESS
MAR STREET
765- 771 PALTAO CA 91910
CHULA VIS .
~
NO ACCESS EASEMENT
ORARY CONSTRUCT/?: ~UBJECT PARCEL
TEMP BEING ACQUIRED Fi
LIMITS OFSUBJm PARCEL
ORS PARCEL NUMBER
ASSESS 622 020-68
APN -
#5T922
PROJECT FILE
PREPART.£S~J~CH
GREG
APPROVED BY:
JIM HOLMES
01:53:43 PM PDT
09/12/01
\FlNAL \RO'Mimits.dwg EMENTS
0: \SDSKPROJ\ST922\DRAWTITL£: AR STREET IMPROV
DRAWNT.BS!:~ERCH PALOM EXHIBIT B
~ q~
OM" 10 -
8-16-01
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622'{ 20"68
Chula Vista OP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the CITY OF CHULA VISTA, the right of
way and incidents thereto for a public street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits ofthe herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
/o-Q;3
"
Signed this - day of
.20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, OTY CLERK
By:
Date:
J : \S u rYe y\S T922\Le gals \Fina 1\622-020-68 p. d oc
/0-1'1-
Exhibit A
Street Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. 84-005903, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Commencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83°00'12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11 '17" West, 2.42 feet; thence South 17°56'05" East, 18.56 feet; thence North 83°00'12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17°56'05" West, 6.19 feet; thence South 72°11 '17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00'12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
Peter H. Ehlert, PLS 5116
expires 6/30/2003
~l2-Cj JOI
date
~~
J : IS Drv eylS T9 2 2 \Legals IF ina 116 22 -0 2 0-68 P -doc
I 0 ~ q5
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PALOMAR STREET
~~
\ \PORTION OF EASEMENT BplJNDARY
DESCRIBED IN EXHIBIT "A
\
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STREET EASEMENT BEING \
'ACQUIRED FOR SUBJECT PARCEL
10,672 SQUARE FEET (MORE OR LESS) \
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---
---~
LEGEND
PARCEL ADDRESS
765-771 PALOMAR STREET
CHULA VISTA. CA 91910
~
STREET EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
ASSESSORS PARCEL NUMBER
- -
LIMITS OF SUBJECT PARCEL
APN 622-020-68
\
0: \SDSKPROJ\ST922\DRAW\FINAL \ROWlimifs.dwg 09/07/01 11:51: 11 AM PDT PROJECT FILE #5T922
DRAWN BY: TITLE; PREPARED BY:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG TSCHERCH
g~frj-O1 EXHIBIT B j::::'f:EffY:
lo-qfr;
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622-020-05
Chula Vista ClP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements, 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CIMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the CITY OF CHULA VISTA, a municipal
corporation, in the County of San Diego, State of California (Grantee), a temporary construction and access
easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and
more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall be prohibited from using the existing building structure for any purposes related to the
construction project and shall not prevent the Grantor from having adequate access to said building structure
during project construction.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessaty for the purpose of exercising Grantee's rights
hereunder.
/0 _qr!
Signed this - day of
.20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5,1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J ,\S u rYe y\ST922\Le go I slF in, ~6 22.020-05 t. d oc
Exhibit A
Temporary Construction and Access Easement
/o-q~
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. 84-005903, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Commencing at Palomar Street Construction Centerline Station 79+ 10.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thenceITom the True Point
of Beginning, North 17°56'04" West, 113.16 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 29.36 feet; thence North 83°00'12" West, 71.95 feet; thence
North 17056'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72°11 '17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00'12"
West, 104.68 feet; thence North 50°28'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85046'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 feet; thence South 72°11' 17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6°59'48" West, 40.00
feet; thence North 83°00'12" West, 181.26 feet; thence South 6°59'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, thru a central angle of2°16'18", for a arc length of15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83°00'12" East, 708.25 feet; thence North 72°03'55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~(4-VlU-
ca!1-qjðl
date
Peter H. Ehlert, PLS 5116
expires 6/3012003
J : IS urveylST92 2 \Legals IF in a 1\6 22 -0 2 0-0 5 t. doc
/0 - 91
- PORTION OF EASEMENT BpuNDARY
P ALOM DESCRIBED IN EXHIBIT "A
AR STREET
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I TEMPORARY CONSTRUCTION AND ACCESS
'EASEMENT BEING ACQUIRED FOR SUBJECT PARCEL
2,106 SQUARE FEET (MORE OR LESS)
---
PARCEL ADDRESS
781 PALOMAR STREET
CHULA VISTA. CA 91910
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUB.£CT PARCEL
ASSESSORS PARCEL NUMBER
APN 622-020-05
0: \SDSKPROJ\ST922\DRAW\FlNAL \ROWlimits.dwg 09/12/01 02:25:07 PM PDT PROJECT FILE #5T922
DRAWN BY: TITLE: PREPARED BY:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG T5CHERCH
g~;LO1 EXHIBIT B ~:::'j$)¡ßEffY:
-
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LEGEND
~
- -
LIMITS OF SUBJECT PARCEL
/0-/00
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.o. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorders use, only)
>
Assessor's Parcel Number 622-020-05
Cbula Vista OP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CIMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the OTY OF CHULA VISTA, the right of
way and incidents thereto for a public street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBITBFORPLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
ID~/ol
Signed this - day of
. 20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, OTY CLERK
By:
Date:
J : \Survey\ST922\Le gals\Final\622'{ 20- 5p. doc
/0-/0:;;'-
Exhibit A
Street Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. 84-005903, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Corrunencing at Palomar Street Construction Centerline Station 79+10.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83000'12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11 'IT' West, 2.42 feet; thence South 17056'05" East, 18.56 feet; thence North 83°00'12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17°56'05" West, 6.19 feet; thence South 72011 '17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00'12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~ VlU-
9 (Zrjøl
date
Peter H. Ehlert, PLS 5116
expires 6/30/2003
J, lSurveylST922\LegalslFinal\622-020- 5 p.doc
10 - 10'6
- - -1
PALOMAR STREET
!if
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;::::
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/
PORTION OF EASEMENT B,{XINDARY
DESCRIBED IN EXHIBIT "A
,
,
I
,
STREET EASEMENT BEING
ACQUIRED FOR SUB£ÇT PARCEL
1.946 SQUARE FEET (MORE OR LESS)
¡¡.;
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(ij
LEGEND
---
PARCEL ADDRESS
~
781 PALOMAR S1REET
CHULA VISTA. CA 91910
STREET EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
APN 622-020-05
LIMITS Of SUBJECT PARCEL
Q: \SOSKPROJ\ST922\DRAW\FlNAL \ROWlimils.dwg 09/07/01 11:39:44 AM PDT PROJECT FILE #ST922
DRAWN BY: TITLE: PREPARED BY:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG TSCHERCH
g~~:OI EXHIBIT B ~:::'iYaVEßE%Y:
I() -IO/-!-
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622-020-51
Chula Vista CIP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements. 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CIMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the OTY OF CHULA VISTA, a municipal
corporation, in the County of San Diego, State of California (Grantee), a temporary construction and access
easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and
more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
/0 - /05
Signed this - day of
.20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confmed by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J 'ISurvey\ST922\LegalsIFinaJ\622-020- 51 tdoc
/0 - / oip
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. &4-005903, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Commencing at Palomar Street Construction Centerline Station 79+ 1 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00' 12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 113.16 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 29.36 feet; thence North 83°00'12" West, 71.95 feet; thence
North 17°56'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72°11 '17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00'12"
West, 104.68 feet; thence North 50028'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85°46'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 feet; thence South 72°11 '17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6059'48" West, 40.00
feet; thence North 83°00' 12" West, 181.26 feet; thence South 6°59'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, thru a central angle of2°16'18", for a arc length of 15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83°00'12" East, 708.25 feet; thence North 72°03'55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~~
B!7-q /0 I
dáte
Peter H. Ehlert, PLS 5116
expires 6/30/2003
J:\SurveylST922\LegalslFinaJ\622-020-5! tdoc
10 - / Or¡
\_--------', ~\ ~ \
" \--- ~ \ --'
\.---
PORTION OF EASEMENT BOUNDARY~- - -
DESCRIBED IN EXHIBIT NA' I
r -' _I
PALOMAR STREET
!if
hi
;::!:
6
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/
1 ÆMPORARY ~ONSTRUCTION AND ACCESS
EASEMENT BONG ACQUIRED FOR SUBJECT PARCEL
1',802 SQUARí FEET (MORE OR LESS)
----
LEGEND
PARCEL ADDRESS
~
795 PALOMAR STREET
CHULA VISTA. CA 91910
ÆMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
APN 622-020-51
LIMITS OF SUBJECT PARCEL
0: \SDSKPROJ\ST922\DRAW\FlNAL \ROWlimits.dwg 09/12/01 02:00:35 PM POT PROJECT FILE #5T922
DRAWN BY: TITLE: PREPARED BY:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG T5CHERCH
DATf: E HIBIT B APPROVED BY:
8-16-01 X JIM HOLMES
10 - I oi;
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622-020-51
Chula Vista OP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CIMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the OTY OF CHUlA VISTA, the right of
way and incidents thereto for a public street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBITB FOR PLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
I 0 ~ I oC¡
Signed this - day of
.20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J :\Survey\ST922\Le gals\Final\622'{ 20- 51 p.doc
/o-!/()
Exhibit A
Street Easement
An easement over a portion of the Lands of CIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. 84-005903, San Diego County Records, being
that portion of said Lands that lies within the parcel ofland more particularly described as
follows:
Commencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thenceITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83°00' 12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11 '17" West, 2.42 feet; thence South 17°56'05" East, 18.56 feet; thence North 83°00'12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17°56'05" West, 6.19 feet; thence South 72°11 '17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00'12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Snrveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~~
Peter H. Ehlert, PLS 5116
expires 6/30/2003
9 l~ql()1
date
J:\SurveylST922\LegalsIFinal\622-020-51 p.doc
10-/1/
PORTION OF EASEMENT BOUNDARY
DESCRIBED IN EXHIBIT "A" ~
c'
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&
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f1:
/
-.J
PALOMAR STREET
[J
STREET EASEMENT BEING
ACOUIRfIfJ . FOR SUBJECT PARCEL
1,219 SfJUARE FEET (MORE OR LESS)
--
LEGEND
PARCEL ADDRESS
795 PALOMAR STREET
CHULA VISTA. CA 91910
~
STREET EASEMENT LIMITS
BEING ACOUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
APN 622-020-51
LIMITS OF SUBJECT PARCEL
0: \SOSKPROJ\5T922\DRAW\FlNAL \ROWlimits.dwg 09/07/01 11:39:44 AU PDT PROJECT FILE #5T922
fJRAWN BY: TITLE: PREPARED BY:
:REG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG TSCHERCH
E~;~-al EXHIBIT B ~r::RJ:ßEfY:
/ () - /I~
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622-020-65
Chula Vista OP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements. 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CIMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the CITY OF CHULA VISTA, a municipal
corporation, in the County of San Diego, State of California (Grantee), a temporary construction and access
easement in, upon, over, under, and across that certain real property situated in said City of Chula Vista and
more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
/ () - / /3
Signed this - day of
.20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the gralltee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J ,IS mvey\ST922\Le g,ls\Fina~622 -020-6 5 t. doc
1 () ./1 if
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No.84-038628, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Corrunencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. Y." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17°56'04" West, 113.16 feet; thence South 72003'55" West, 40.00 feet;
thence South 39°31 '51" West, 29.36 feet; thence North 83°00' 12" West, 71.95 feet; thence
North 17°56'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72°11 '17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00' 12"
West, 104.68 feet; thence North 50°28'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85°46'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 feet; thence South 72°11 '17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6°59'48" West, 40.00
feet; thence North 83°00'12" West, 181.26 feet; thence South 6059'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, thru a central angle of2°16'18", for a arc length of 15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83°00'12" East, 708.25 feet; thence North 72°03'55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
~~
c¿ /2- q/O I
. date
Peter H. Ehlert, PLS 5116
expires 6/30/2003
J : IS urv eylS 1"922 ILegals IF i na 116 22 -0 2 0-6 5 t. dot
/0-1/5
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-
-
PALOMAR STREET
PORTION OF EASEMENT BOUNDARY
DESCRIBED IN EXHIBIT "A"
-
-
[~
-
, I
T£,~ORARY CONSTRUCTION AJD ACCESS
EA MENT BE,!,'£' ACOUIRED FOR SUBJECT PARCEL
85 SQUARE tt~ T (MORE OR tESS)
LEGEND
PARCEL ADDRESS
795 PALOMAR STREET
CHULA VISTA, CA 91910
~
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
LIMITS OF SUB.Æ:CT PARCEL
APN 622-020-65
0: \SOSKPROJ\ST922\ORAW\FINAL \ROWlimits.dwg 09/12/01 01:57: 13 PM PDT PROJECT FILE ¡ST922
ORA KN BY: TITLE: PREPARED BY:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG TSCHERCH
g~i7,'-O1 EXHIBIT B ~{J':YoV¡fjEffY:
/f)-Ilb
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 622'{ 20-65
Chula Vista OP File No. ST-922
EASEMENT FOR STREET PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OMA, N. V. a
Netherlands Antilles Corporation, (Grantor) hereby grants to the OTY OF CHULA VISTA, the right of
way and incidents thereto for a public street upon, over and across that certain real property in the City of
Chula Vista, County of San Diego, State of California, more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor hereby further grants to the City the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits of the herein described right of way where required for
the construction and maintenance of said public street.
RESERVING unto Grantor of the above described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Director
of Public Works, the necessity therefor is removed by substituting other protection, support and/or drainage
facility, provided such substitution is first approved in writing by said Director.
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and road-
building materials within said right of way, including the right to take water, together with the right to use the
same in such a manner and at such locations as the City may deem proper, needful or necessary, in the
construction, reconstruction, improvement or maintenance of said public street.
Grantor, for himself, his successors and assigns, hereby waives a~y claim for any and all damages to Grantor's
remaining property contiguous to the right of way hereby conveyed by reason of the location, construction,
landscaping or maintenance of said public street.
/()-1/1
Signed this - day of
.20
Grantor(s)' signature(s):
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5,1990, and the grantee(s) consent(s) to the
recorckltion thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
J : \S urv ey\S T922\Le gals \Fi nal\ 6 22 '{ 20-6 5 p. doc
/D~/lg
Exhibit A
Street Easement
An easement over a portion of the Lands ofCIMA, N. V. a Netherlands Antilles Corporation, as
described in that document recorded as File No. 84-038628, San Diego County Records, being
that portion of said Lands that lies within the parcel of land more particularly described as
follows:
Commencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence"ITom the True Point
of Beginning, North 17°56'04" West, 101.30 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 28.46 feet; thence North 83°00'12" West, 82.16 feet; thence
North 17°56'05" West, 29.71 feet; thence South 72°04'02" West, 21.58 feet; thence South
72°11' 17" West, 2.42 feet; thence South 17°56'05" East, 18.56 feet; thence North 83°00' 12"
West, 120.52 feet; thence North 50°28'09" West, 15.27 feet; thence South 72°03'55" West,
30.00 feet; thence North 17°56'05" West, 41.80 feet; thence South 72°03'55" West, 30.00 feet;
thence South 42°48'52" West, 24.54 feet; thence North 85°46'02" West, 131.56 feet; thence
North 17°56'05" West, 6.19 feet; thence South 72°11 '17" West, 1.75 feet; thence South
17°56'05" East, 22.57 feet; thence South 6°59'48" West, 30.00 feet; thence North 83°00'12"
West, 196.93 feet; thence South 6°59'05" West, 74.96 feet; thence along a tangent curve, the
radius point of which bears North 83°00'55" West, having a radius of 400.00 feet, thru a central
angle of 0°15'57", for an arc length of 1.86 feet; thence South 82°44'58" East, 30.00 feet; thence
North 52°03'27" East, 21.17 feet; thence South 83°00'12" East, 667.27 feet; thence South
50°24'00" East, 18.96 feet; thence North 72°03'55" East, 46.29 feet; thence North 17°56'09"
West, 58.12 feet to the True Point of Beginning.
Surveyor's Statement
This description was prepared by me or under my direction in conformance with Section 8761 of
the Land Surveyor's Act.
Peter H. Ehlert, PLS 5116
expires 6/30/2003
8/t.-Q /01
¡fate
~~
J : IS urv eylST9 22\Le gals IF in a ]\6 22 -0 2 0-6 5 p. d oc
If) - /lCf
PORTION OF EASEMENT BOUNDARY
DESCRIBED IN EXHIBIT -A-
- "----------'\.------)
PALOMAR STREET
-1
1~
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STRtET EASEMENT%:EING
ACQUIRED FOR su. CT PARCEL
618 rARE FEET I MORE OR LESS)
LEGEND
PARCEL ADDRESS
795 PALOMAR STREET
CHULA VISTA, CA 91910
~
STREET EASEMENT LIMITS
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
APN 622-020-65
LIMITS OF SUBJECT PARCEL
Q: \SDSKPROJ\ST922\DRAW\FlNAL \ROWlimils.dwg 09/07/01 11:39:44 AM PDT PROJECT FILE ¡ST922
- DRAWN BY: nTLE: PREPARED BY:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS GREG TSCHERCH
g~JJ-OI EXHIBIT B -::r:JoYf/l[ffY:
IO-If){)
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
>
(This space for Recorder's use, only)
>
Assessor's Parcel Number 617-071-22
Chula Vista CIP File No. ST-922
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
Construction Project: ST922 Palomar Street Improvements. 1-5 to Industrial
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, William J. McWhinnie,
trustee of the McWhinnie Family Trust dated June 8, 1990, as to an undivided Vz interest, and Lorraine
McWhinnie, trustee of the Lorraine McWhinne Trust, as to an undivided Vz interest Grantor) hereby grants to
the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of California
(Grantee), a temporary construction and access easement in, upon, over, under, and across that certain real
property situated in said City of Chula Vista and more particularly described as follows:
SEE ATTACHED:
EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
The Grantor grants to Grantee the right during construction of Grantee's construction project to use the
above described Temporary Construction and Access Easement, and for purposes incidental to the
construction of Grantee's construction project. The right to use shall cease and be terminated at such time as
the construction is completed and a Notice of Completion is filed and Recorded at the San Diego County
Recorders' office by Grantee.
It is also understood that upon said termination date the Grantee shall have no further obligation or liability
in connection with said parcel.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area without written
consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now cross or which may
hereafter cross the area and use a practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to utilize construction,
automotive, and other equipment thereon when necessary for the purpose of exercising Grantee's rights
hereunder.
/0-1;;'/
Signed this - day of
. 20
(Notary Acknowledgment required for each signatory.)
This is to certify that the interest in real property conveyed herein to the City of Chula VISta, a governmental agency,
is hereby accepted by the undersigned, City Clerk, on behalf of the Chula VISta City Council pursuant to authority
confe"ed by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grahtee(s) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW, CITY CLERK
By:
Date:
¡'lSurveylST922\LegalsIFinaI\617-071-22t.doc
I () - /;;~
Exhibit A
Temporary Construction and Access Easement
An easement over a portion of the Lands William 1. Mc Whinnie, trustee of the Mc Whinnie
Family Trust dated June 8, 1990, as to an undivided Yz interest as described in that document
recorded as File No. 90-417548, and Lorraine McWhinnie, trustee of the Lorraine McWhinne
Trust, as to an undivided Y. interest as described in that docrunent recorded as Doc # 1992-
0376037, San Diego County Records, being that portion of said Lands that lies within the parcel
of land more particularly described as follows:
Corrunencing at Palomar Street Construction Centerline Station 79+ I 0.63, being a PK Nail and
Disk marked "RCE 19073", as shown on that Record of Survey 12001 and also on Record of
Survey 11896; thence along said Construction Centerline, South 83°00'12" East, 2089.33 feet to
Station 99+99.96, being a 2" iron pipe tagged "City Engr. C. V." in a monument well as shown
on that Record of Survey 15715, being the True Point of Beginning; thence ITom the True Point
of Beginning, North 17056'04" West, 113.16 feet; thence South 72°03'55" West, 40.00 feet;
thence South 39°31 '51" West, 29.36 feet; thence North 83°00'12" West, 71.95 feet; thence
North 17°56'05" West, 22.63 feet; thence South 72°04'02" West, 30.08 feet; thence South
72011' 17" West, 9.92 feet; thence South 17°56'05" East, 4.06 feet; thence North 83°00'12"
West, 104.68 feet; thence North 50028'09" West, 9.43 feet; thence North 17°56'05" West, 2.26
feet; thence South 72°03'55" West, 40.00 feet; thence North 17°56'05" West, 36.62 feet; thence
South 72°03'55" West, 30.00 feet; thence South 42°48'52" West, 24.54 feet; thence North
85°46'02" West, 131.56 feet; thence North 17°56'05" West, 6.19 feet; thence South 72011 '17"
West, 11.75 feet; thence South 17°56'05" East, 6.91 feet; thence South 6°59'48" West, 40.00
feet; thence North 83°00'12" West, 181.26 feet; thence South 6059'05" West, 74.96 feet; thence
along a tangent curve, the radius point of which bears North 83°00'55" West, having a radius of
400.00 feet, thru a central angle of2°16'18", for a arc length of 15.86 feet; thence South
80°44'37" East, 30.00 feet; thence South 83000'12" East, 708.25 feet; thence North 72°03'55"
East, 45.83 feet; thence North 17°56'08" West, 80.15 feet to the True Point of Beginning.
Surveyors Statement
(}LVr ~ilP~
Peter H. Ehlert, PLS 5116
expires 6/30/2003
f}/Zq/o I
, ,
date
J 'ISurveylST922\LegalsIFinaI1617 -071- 22t.doc
/()-/;):3-~
.',
11
.11
...
.,.-
.,.-
-
PORTION OF EASEMENT BOUNDARY I
DESCRIBED IN EXHIBIT »A' \:ALO
MAR STREET
-------- J
-- --
LEGEND
PARCEL ADDRESS
w~
1197 WALNUT AVENUE
CHULA VISTA, CA 91910
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING ACQUIRED FOR SUBJECT PARCEL
- -
ASSESSORS PARCEL NUMBER
WAITS OF SUBJECT PARCEL
APN 617-071-22
0: \SOSKPROJ\ST922\ORAW\FlNAL \ROWlimils.dwg 09/12/01 02: 13:09 PM PDT
DRAWN BY: TITLE:
GREG TSCHERCH PALOMAR STREET IMPROVEMENTS
DA TE-
8-20-01 EXHIBIT B
PROJECT FILE 15T922
PREPARED BY:
GREG TSCHERCH
APPROVED BY:
JIM HOLMES
/o-/;ì-'t
COUNCIL AGENDA STATEMENT
Item: /I
Meeting Date: 04/23/02
ITEM TITLE: RESOLUTION AMENDING THE FY02 BUDGET
TO ADD TWO UNCLASSIFIED DEPUTY FIRE CHIEF
POSITIONS, ONE MID MANAGEMENT FIRE MARSHAL
POSITION, AND .75 UNCLASSIFIED ADMINISTRATIVE
SERVICES MANAGER POSITION AND REMOVE ONE
ASSISTANT FIRE CHIEF AND ONE BATTALION CHIEF
POSITION AND PURCHASE TWO VEHICLES AND
ANCILLARY EQUIPMENT IN ADDITION TO OTHER
RELATED EQUIPMENT AND SERVICES AND
APPROPRIATE FUNDS THEREFORE
SUBMITTED BY: Fire Chief
REVIEWED BY: City Manager.X~ (4/5ths Vote: Yes X No
The proposed reorganization of the Fire Department establishes two divisions
(Fire Operations and Fire Administration) to be lead by Deputy Fire Chief's. The
new structure will enable the department to continue to provide responsive fire
suppression and emergency medical services in addition to increasing fire
administrative duties and responsibilities. New housing and commercial
development has also prompted the need to add a Fire Marshal to handle an
increase in fire inspections, in addition to development of fire prevention and
disaster preparedness programs.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
RECOMMENDATION: That Council amend the FY02 budget to add two
unclassified Deputy Fire Chief positions, one mid management Fire Marshal and
.75 unclassified Administrative Services Manager and delete one Assistant Fire
Chief and one Battalion Chief and purchase two vehicles and ancillary equipment
in addition to other related equipment and services and appropriate $77,600 from
the PFDIF and $116,000 from the unappropriated balance of the General fund.
//-/
DISCUSSION
This reorganization is needed to create a management structure that will ensure
the delivery of quality fire services as the City develops its future fire operations.
Under the current management structure, the primary span of control and
responsibility for managing daily operations resides with the Fire Chief and
Assistant Fire Chief positions. However, the planned future growth of fire
operations in addition to the need to address the new ongoing issues such as
disaster preparedness and homeland security have added an extra dimension to
current fire operations that will require additional oversight that is currently not
available under the current management structure. Over the next 1.5 to 6 years
fire operations will expand to include:
· Construction of Station 7 adding one Pumper to be staffed by 3 Captains,
3 Engineers and 3 Firefighters and one Air/Light & Heavy Rescue to be
staffed by 3 Engineers for a total of 12 new positions.
· Addition of a Reserve Ladder truck.
· Addition of one Ladder truck in FY 04 to be staffed by 9 new fire personnel
and 3 staff positions to be shifted from station 4.
· Remodel of Fire Stations 2 and 5.
· Expansion of the training and storage capacity at Station 4.
· Implementation of Medic Assessment Engines.
· The construction of Station 8 (Otay Ranch EUC) adding additional fire
apparatus and staff.
· The hiring of a significant number of new personnel due to planned
retirements.
· Active monitoring of the paramedic service provider and constantly
changing "managed care" environment.
· Active management and evaluation of fire response times in light of
growth management thresholds and a rapidly growing community.
· Fire inspections and public education demonstrations in order to reduce
property damage, injury or death due to fire or exposure to hazardous
materials.
· Development of a disaster preparedness plan and homeland security
strategy.
· Overall planned growth in department personnel from 84.3 positions to
over 105 positions within the next 1.5 to 6 years.
In order to effectively manage this transformation, it will be necessary for the Fire
Chief to assume a different role than that traditionally performed by previous Fire
Chiefs. This will require that other senior management staff manage the day-to-
day operations. As a result staff is recommending the addition of two Deputy
Chief positions, one Fire Marshal, .75 Administrative Services Manager and the
deletion of the currently vacant Assistant Fire Chief and a Battalion Chief
position.
Proposed Fire Reorganization-- Various staffing changes are proposed to more
efficiently manage services provided by the Fire Department. Staff is
recommending the deletion of the Assistant Fire Chief position and one Battalion
Chief position and addition of two unclassified Deputy Fire Chief Positions, one
classified Fire Marshal and .75 unclassified Administrative Services Manager.
The new structure would assign the daily tasks performed by the Assistant Fire
Chief and Fire Chief to the Deputy Fire Chief positions, thus creating two
divisions the Operations Division and the Administrative Division. The
reorganization will enhance essential fire services, including fire suppression and
prevention functions, as well as facilitate the delivery of other services, and
implementation of capital projects. In order to improve services to the community
due to delays inherent in a 56-hour workweek, both Deputy Chiefs will work a
traditional 40-hour, Monday thru Friday schedule.
Operations Deputy Chief- This position will be tasked with the responsibility of
managing the Operations Division, which will include supervision and
management of all suppression and emergency medical service delivery. This
position will oversee the following functional areas:
· Fire Suppression Services are currently provided by six fire stations
and associated personnel. Plans are currently underway to build Station
7. The new Station is necessary to service a rapidly growing community.
This position will be responsible for the efficient and effective deployment
of fire personnel and equipment.
· Emergency Medical Services Because the department performs the
majority of calls for service in the Emergency Medical Services area,
there is an increasing need to work in close partnership with the private
paramedic services provider (AMP,) to deliver medical services to
resident's at the lowest possible cost.
/i-3
· Employee Development/Training This position will be responsible for
managing and supervising the training component of the Fire
Department. Staff development and training in light of the anticipated
retirements and new staff to be added in the next couple of years will be
critical. This position will ensure that proper fire training is conducted to
support the department's growth and bridge gaps in experience levels.
Overall planned growth in department personnel is anticipated to grow
from 84.3 positions to over 105 positions within the next 1.5 to 6 years.
· Dispatch Services During FY2001 dispatch services were contracted
out to a private contractor Heartland. It will be incumbent upon this
Deputy to manage and monitor the contract and dispatch service delivery
in light of Growth Management Thresholds.
Administrative Deputy Fire Chief--This Deputy Chief would be responsible for
the Administrative Division. This division will include supervision and
management of several major functional areas: Professional Standards,
Recruitment & Training, Fire Marshal and Fire Prevention Services, Disaster
Preparedness/Homeland Defense and Capital Project Management. In addition
this position will serve as a liaison with the community, city staff, fire committees,
volunteers and other emergency service providers. Specific duties are as
follows:
· Professional Standards and Recruiting - It will be the responsibility of
this position to ensure public confidence in the Fire Department by
developing and maintaining the highest standards of employee
performance, ethics and conduct. This position will be responsible for
development of policies & procedures, employee recruiting, and
disciplinary proceedings resulting from misconduct. In addition, the
Administrative Deputy will serve as a liaison with the City Attorney's
Office and Human Resources on issues dealing with Civil Service Rules,
the American Disabilities Act, Fair Labor and Standards Act, and
personnel related litigation.
· Fire Marshal and Prevention Services - The Administrative Deputy will
supervise the Fire Marshal and Fire Prevention personnel and activities.
In this capacity this position will enforce federal, state and local laws
pertaining to fire safety and prevention. This position will coordinate with
other City departments for plan check reviews and fire inspections. The
Deputy will work with the Fire Marshal to develop fire prevention
education programs, in addition to fire and life safety inspections, weed
abatement and hazard reduction programs.
· Disaster Preparedness and Homeland Defense - September 11th
heightened the need for homeland security measures at the local
government level. Terrorism added a new dimension to traditional
disaster preparedness. As such, local public safety personnel will
continue to play a major role in homeland defense. This position will be
responsible for development and maintenance of a comprehensive
emergency preparedness plan and dissemination of related information
and training materials to other city and emergency service personnel.
· Capital Projects ~- This position in conjunction with the Administrative
Services Manager (ASM) will be responsible for the management of
capital improvement projects, including two new fire stations and the
planned remodel of existing stations. In this role the Deputy Chief will
facilitate and develop specifications for the purchase of major fire
apparatus and construction at fire stations. In addition, this position will
work with the ASM to establish equipment replacement schedules for
major fire equipment and station furnishings.
· Other Administrative duties- will include but not be limited to:
Community Outreach - This position will serve as a liaison with the
community, city staff, fire committees and other emergency service
providers. In this role this position will handle citizen inquires, public
education and the coordination of daily non-emergency requests for
service from the public and or city staff.
Technology- In 1998, public safety transitioned to the 800 MHZ radio
system and computer aided dispatch which included the purchase of
Mobile Data Computers (MDC) for Fire apparatus. This Deputy will be
responsible for continuing to build on that framework in light of
advancing technology. In this capacity this position will serve as a
liaison with Management Information Services. In addition the
Administrative Deputy will be responsible for coordinating the
development of a technology strategy to ensure the effective application
of technology in fire service. The technology strategy will address the
need for a technology infrastructure to support Department growth and
ensure the timely distribution of information.
Volunteer Services - Fire volunteers will also be the responsibility of this
position. This position will ensure emotional support is provided to
residents and their families who are victims of traumatic incidents by
volunteer efforts of the Citizen's Adversity Support team (CAST).
Additional volunteer groups include Fire Explorers.
Fire Marshal - Staff is proposing the addition of a civilian Fire Marshal. The
addition of this position will enable the department to provide fire prevention
services in a more efficient and effective manner. In addition it will allow for
better coordination of fire prevention services and supervision of prevention staff
and programs. Historically, the Fire Prevention Unit has been staffed by sworn
fire suppression personnel, which rotate on a continuous basis. Despite
innovative and documented efforts to keep suppression personnel in the position
for long durations, rotations occur on a continuous basis. Thus, the current
structure results in a general lack of continuity that hampers communication and
service delivery. The addition of this position gives the department an
opportunity to train and develop fire inspectors as well as provide a career ladder
for future retention of civilian personnel. This is a cost effective innovative
solution for the provision of fire marshal and prevention programs. Under this
concept all prevention personnel (fire inspectors) would be civilianized as attrition
occurs. This would allow fire inspectors to focus on the enforcement of codes,
inspection of new and existing buildings; plan review, fire investigations, weed
abatement and complaint resolution without disruption to service. This proposal
will in essence change how fire prevention services are provided and enable the
department to meet service demands due to growth. As a result the department
will be able to hire and retain fire inspectors as well as provide critically needed
disaster preparedness and public education services.
Administrative Services Manager - The addition of this position will centralize
and provide for better coordination of administrative and financial functions of the
department. The position will direct and manage fiscal and analytical operations
of the department which include but are not limited to the functions of budgeting,
financial reporting, accounting, net program costing, procurement, fiscal
forecasts. In addition the position will update fees on a periodic basis, and
develop equipment replacement schedules, performance measures, and seek
funding strategies and grants. Additional duties include operational audits and
analysis, contract administration, database management and development of
capital improvement budgets. The addition of this position is critical based on
planned growth of the department, capital purchases and new stations. As such
this position will formulate fiscal policies and direct complex studies pertaining to
a variety of admistrative and operational issues including coordination of
emergency response contracts, organizational development, growth
management threshold measures and formulas. In addition, the ASM will be
responsible for review and development of written communication to the City
Council and GMOC including agenda statements, reports, presentations, and
information items.
Total Staffing Costs - The cost of this proposal is $60,000 for personnel
services in FY02 and $231,594 beginning in FY 03. In addition to $9,600 for a
one-time purchase of related furnishings and equipment related to the new
positions.
Equipment
The proposed reorganization of the Fire Department and recent appointment of
the new Fire Chief has created a need to purchase two utility vehicles, ancillary
equipment and re-assign the existing Assistant Chief's vehicle. The existing fleet
of vehicles does not provide vehicles for the additional Deputy Fire Chief
positions. Staff is proposing purchase of two utility type vehicles and ancillary
equipment to be assigned to the Deputy Chief positions and reassignment of the
Assistant Chief's vehicle. The Assistant Chief's vehicle will be re-assigned to the
Training Battalion Chief. The Training Battalion Chief's current Dodge truck will
be assigned to the Fire Captain which currently has no specific vehicle assigned
and utilizes a "loaner" from Public Works Operations.
Ancillary equipment to be purchased for the two utility vehicles includes: Mobile
and portable 800 MHZ radios, Mobile and portable 32- channel VHF fire radios, a
Litton Mobile Data Computer (MDC) and retrofit of the vehicles. The purchase of
the two vehicles and ancillary equipment is necessary to improve emergency
response capabilities. The vehicles will be equipped to enable the Deputy
Chief's to meet new federally mandated firefighter accountability laws and rapid
intervention crew requirements created as a result of additional threats stemming
from the September 11th attacks. Additionally, it is proposed the Fire Chief's
vehicle will also be modified to enable the Chief to respond to an emergency
incident.
The Deputy Chief responsible for the Operations Division will be the primary
person responsible for providing assistance to the on-duty Battalion Chief and
during emergency incident's, Strike Team assignments and State of California
emergency response assignments. The other Deputy Chief and Fire Chief may
also assist with emergency incident support in the event of a large-scale
emergency. Purchase of these vehicles and ancillary equipment will give
Command staff the capability of responding from home to assist with emergency
incidents. Emergency incidents include first, second, and third alarm working
fires as well as other emergency situations within the City. There are also pre-
established automatic aid and mutual aid emergency responses within the
County and State of California that may require the need for additional incident
command capabilities.
Total Equipment Costs -The cost of the vehicle for the Operations Deputy Chief
including ancillary equipment is $68,000. The cost of the vehicle for the
Administrative Deputy Chief including ancillary equipment is $51,000. An
additional $5,000 is needed in ancillary equipment to enable the Fire Chief's
vehicle to respond to emergency incidents. The total cost of vehicles and related
equipment is $124,000.
FISCAL IMPACT
Staff is recommending adding two unclassified Deputy Fire Chief positions, one
mid management Fire Marshal position and .75 unclassified Administrative
Services Manager and deleting one Assistant Fire Chief position and one
Battalion Chief position and purchase two vehicles and ancillary equipment in
addition to other related equipment and services and appropriating funds
therefore. A summary of proposed expenditures and identified funding are
illustrated in the following table. It should be noted that staff is not
recommending an amendment to the FY03 Spending Plan for the ongoing cost of
$257,028 at this time, since no funding source has yet been identified. It appears
likely that reductions in other programs will be required to cover this cost
increase, or that General Fund reserves will be impacted. Staff's
recommendation will be included in the overall FY03 budget proposal.
SUMMARY
Addition of two unclassified Deputy $60,000 $231,594
Fire Chief positions, one mid
management Fire Marshal position
and .75 unclassified Administrative
Services Manager position and
deletion of one Assistant Fire Chief
and one Battalion Chief position
Two utility vehicles and ancillary $124,000 $8,600 - Maintenance
equipment and ancillary equipment $16,834-Replacement
for Fire Chief's vehicle
Furnishings, computer equipment, $9,600 $0
services and supplies
Total Expenditures $193,600 $257,028
PFDIF $77,600
NET GENERAL FUND $116,000 $257,028
RESOLUTION NO.
AMENDING THE FY02 BUDGET TO ADD TWO UNCLASSIFIED
DEPUTY FIRE CHIEF POSITIONS, ONE MID MANAGEMENT FIRE
MARSHAL POSITION, AND .75 UNCLASSIFIED ADMINISTRATIVE
SERVICES MANAGER POSITION AND REMOVE ONE ASSISTANT
FIRE CHIEF AND ONE BATTALION CHIEF POSITION AND PURCHASE
TWO VEHICLES AND ANCILLARY EQUIPMENT IN ADDITION TO
OTHER RELATED EQUIPMENT AND SERVICES AND APPROPRIATE
FUNDS THEREFORE
WHEREAS, the reorganization of the Fire Department establishes a new
management structure that will enable the department to improve supervision
and training of fire staff and enhance the daily management of fire and
emergency services; and
WHEREAS, staff recommends the addition of two Unclassified Deputy
Fire Chief Positions, one Mid Management Fire Marshal Position and .75
Unclassified Administrative Services Manager Position and the deletion of one
Assistant Fire Chief Position and one Battalion Chief Position; and,
WHEREAS, the purchase of two vehicles and ancillary equipment in
addition to other related furnishings, equipment and supplies is necessary to
support the new management structure; and
WHEREAS, the FY 01-02 budget will be amended to appropriate $60,000
for salaries and benefits, $124,000 for two vehicles and ancillary equipment and
$9,600 for other related furnishings, equipment and supplies.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby add two unclassified Deputy Fire Chief positions, one
mid management Fire Marshal position and .75 unclassified Administrative
Services Manager and removes one Assistant Fire Chief position and one
Battalion Chief position and appropriates $60,000 for salaries and benefits,
$124,000 for two utility vehicles and ancillary equipment and $9,600 for other
related furnishing, equipment and supplies from the PFDIF ($77,600) and
Unappropriated balance of the General Fund ($116,000).
Presented by:
Approved as to form by:
~;?d r;-
Fire Chief
~
City Attorney
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I/-~
COUNCIL AGENDA STATEMENT
Item No.: [~
Meeting Date: 4/23/02
ITEM TITLE: Report on the Issues and Planning Process for the Otay Ranch Eastern
Urban Center (EUC)
SUBMITTED BY: Director of Planning and Building/~_~7
REVIEWED BY: City Manager ~ (4/5ths Vote: Yes No X )
For the past four months City staff have been meeting with the two principal property owners
within the area designated as the Eastern Urban Center (EUC) on the adopted Otay Ranch
General Development Plan (GDP). McMillin Communities and the Otay Land Company
representatives and staff have focused on issues dealing with design and character of the EUC
as well as a process for consideration of a subsequent Sectional Planning Area plan and any
other required discretionary actions. Staff has prepared an Issue Paper and Policy Analysis
that assesses adopted GDP policies and makes recommendations for potential refinements and a
planning process for implementation.
RECOMMENDATION:
That the City Council accept the Eastern Urban Center Issue Paper and Policy Analysis.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On October 12, 2000 City staff presented a report on the status of the Otay Ranch Eastern
Urban Center (EUC) to the City Council in a workshop format. This report, which included a
market analysis, raised policy issues that eventually led to the preparation of an Issue Paper
focused on the policies and planning process for the EUC.
For the past four months, the Planning and Building Department, Community Development
Department, and other city staff have been meeting with the two principal property owners
within the area designated as the Eastern Urban Center on the adopted Otay Ranch General
Development Plan. McMillin Communities and the Otay Land Company represematives and
bg- I
Page 2, Item No.: /,~'-
Meeting Date: 4/23/02
staff have focused on the issues dealing with design and character of the EUC as well as
process for consideration of a subsequent Sectional Planning Area (SPA) plan and any other
required discretionary actions.
Summary of Issue Paper
Otay Ranch is a new town, being developed largely within the city limits of Chula Vista. By
its sheer size (23,000 acres) and its future population (in excess of 60,000), Otay Ranch is
effectively a 'town within a city'. As with any project of this magnitude, it will, when
completed, contain a full complement of the many components that constitute a self-sustaining
community - a full spectrum of residential uses, a range of retail offerings, employment
concentrations (both office and industrial), civic and cultural elements, open space and
recreation opportunities and a major transportation network including a new toll road, arterial
and local streets, and local and regional transit. It is one of the largest new towns in America
and it brings both great opportunities and great challenges.
The Eastern Urban Center is the heart of the new town. It will contain the highest
concentration of retail, employment, civic and cultural uses. By its strategic location at the
junction of the new SR125 toll road and transit route, it will be an urban transportation hub.
Both demands of and expectations for the Eastern Urban Center are and will be high. As the
heart of any new town, it must realistically evolve over time and it is important that the City
recognize this inevitable evolution. Because it will become a dense concentration of urban uses
and activities and because of its evolutionary nature, traditional regulatory and implementation
tools are probably insufficient to give public assurance while providing necessary developer
flexibility, even though end objectives may well be the same. This will be a process that
requires great cooperation, trust, willingness by all parties to explore new tools, and
recognition that greatness in the development of quality urban places must involve a
partnership of public and private energies and capital. It is in this context that the Issue Paper
has been prepared (see Attachment I).
The purpose of this paper is twofold:
1. To assess the Otay Ranch Eastern Urban Center's (EUC) goals, policies, land use mix, and
implementation program with the intent to determine what, if any, refinements are
necessary to implement the plan.
2. To propose a cooperative process to work with McMillin Communities and the Otay Land
Company (owners of property within the EUC) to implement any recommendations
contained in this paper.
Based on this Issue Paper and Policy Analysis, both dated April 23, 2002, the City staff and
both property owners are in agreement on the analysis and recommendations contained therein.
An example of a key recommendation to be considered as part of the SPA plan process for the
EUC is a concurrent General Development Plan (GDP) amendment to change from "maximum
allowed land use acreage" standards for the EUC to a Floor Area Ratio (FAR) standard. FAR
Page 3, Item No.:
Meeting Date: 4/23/02
standards are typically used where mid- to high-rise buildings are contemplated, and is a better
approach to assure appropriate urban intensification and building massing than just an acreage
limitation, which does not encourage intensification and vertical development. Staff and the
property owners will be prepared to discuss the Issue Paper and Policy Analysis
recommendations at the Council meeting. There are two points that have been discussed
during the last four months that need emphasis:
1. Public/Private Partnership: Both city staff and the property owners believe that the
Eastern Urban Center's vision "to create an urban center that will provide a unique
functional and symbolic center for Otay Ranch" will, because of normal market
dynamics, be implemented over time. To ensure implementation, the city needs to be
an involved partner, including in the area of public financing. The full extent of that
partnership needs to be explored and staff is recommending that the SPA plan (and the
Public Facility Financing Plan that is processed concurrently with it) consider
innovative ways to implement both the character and intensity of the EUC as well as the
public improvements and other capital improvements that will make it happen.
2. Rock Mountain Road: The Otay Land Company supports the recommendations
contained in the Issue Paper and they do not want to delay the processing of a SPA plan
for the EUC. Although they understand that the EUC SPA plan must assume that all
major circulation element road alignments are not being amended, they are on record as
advocating a proposal to realign Rock Mountain Road to the south of its present
location. Staff has indicated that realignment of Rock Mountain Road is more
appropriately considered during the General Plan Update process and has recommended
such in the Issue paper.
FISCAL IMPACT:
There is no proposed fiscal impact from the proposed action. However, it is important to note
that the "Fiscal Impact of New Development" (FIND) Model prepared for the adopted Otay
Ranch GDP, which assesses the cost of public services against anticipated revenues over time,
anticipated that revenues generated within the EUC will be necessary to not only offset the
fiscal impacts of development of the EUC, but also other development areas within the Otay
Ranch. Subsequent to acceptance of the Issue Paper and Policy Analysis staff will prepare
necessary agreements and schedules for processing of plans for the EUC and will keep Council
briefed as to their status.
Attachments
1. EUC Issue Paper
2. EUC Policy Analysis
J:\PIanning\Duane\EUC-Bayf¥ont\EUC Council Items\COUNCIL AGENDA STATEMENT.doc
EASTERN URBAN CENTER ISSUE PAPER
APRIL 23, 2002
INTRODUCTION
Otay Ranch is a new town, being developed largely within the city limits of Chula Vista,
California. By its sheer size (23,000 acres) and its future population (in excess of 60,000), Otay
Ranch is effectively a 'town within a city'. As with any project of this magnitude, it will, when
completed, contain a full complement of the many components that constitute a self-sustaining
community a full spectrum of residential uses, a range of retail offerings, employment
concentrations (both office and industrial), civic and cultural elements, open space and recreation
opportunities and a major transportation network including a new toll road, arterial and local
streets, local and regional transit. It is one of the largest new towns in America and it brings both
great opportunities and great challenges.
The Eastern Urban Center is the heart of the new town. It will contain the highest concentration
of retail, employment, civic and cultural uses. By its strategic location at the junction of the new
SR125 toll road and transit route, it will be an urban transportation hub. Both demands of and
expectations for the Eastern Urban Center are and will be high. As the heart of any new town, it
must realistically evolve over time and the City of Chula Vista recognizes this inevitable
evolution. Because it will become a dense concentration of urban uses and activities and because
of its evolutionary nature, traditional regulatory and implementation tools are probably
insufficient to give public assurance while providing necessary developer flexibility, even though
end objectives may well be the same. This will be a process that requires great cooperation,
trust, willingness by all parties to explore new tools, and recognition that greatness in the
development of quality urban places must involve a partnership of public and private energies
and capital. It is in this context that this issue paper has been prepared.
PURPOSE
The purpose of this paper is twofold:
1. To assess the Otay Ranch Eastern Urban Center's (EUC) goals, policies, land use mix, and
implementation program with the intent to determine what, if any, refinements are necessary
to implement the plan.
2. To propose a cooperative process to work with McMillin Communities and the Otay Land
Company (owners of property within the EUC) to implement any recommendations
contained in this paper.
BACKGROUND
The Otay Ranch General Development Plan (GDP) was adopted by the Chula Vista City Council
and the County of San Diego Board of Supervisors on October 28, 1993 (Figure #1). Minor
changes have been made since then but the policies and land use mix are essentially the stone
Eastern Urban Center lssue Paper I
today. Fundamental to the adoption of the Otay Ranch GDP were the guiding principles adopted
by the Otay Ranch Interjurisdictional Task Fome (IJTF). The IJTF consisted of elected and
community representatives of the cities of Chula Vista and San Diego, and the County of San
Diego. The IJTF's function was to review and make policy recommendations to the County
Board of Supervisors and the Chula Vista City Council regarding Otay Ranch.
One guiding principle focuses on the EUC and states the intent "to create an urban center that
will provide a unique functional and symbolic center for Otay Ranch". To decide on the
character of the EUC, the IJTF considered two Issue papers relating to the EUC. The first paper
discussed the location of the EUC and the IJTF recommended that it be where it is located today,
east of State Route (SR) 125 and south of East Orange Avenue (now Olympic Parkway). The
second paper related to the Eastern Urban Center Land Use Intensity. That second IJTF Issue
Paper discussed several alternatives and recommended that the EUC should ultimately contain:
· Residential: From 2-story townhomes up to high-rise apartments and condominiums, 15
stories maximum.
· Commercial: Compact, vertical, regional mall (this may be incrementally developed due to
market conditions), adjacent specialty shopping at base of office buildings, business hotels.
· Office: 8-15 story offices with garage parking.
· Fullrange of public uses
The rationale behind that recommended land use mix was that a high intensity EUC would serve
as a South Bay regional center between downtown San Diego and the International Border.
However, the stated intent was that the land use mix would remain flexible, and if market
conditions did not allow for such a high intensity area, the EUC could be "downscaled" to a level
that would still support mass transit facilities.
Eastern Urban Center t~sue Paper 2
VILLAGE 6
VILLAGE
VILLAGE 2
VILLAGE 7
, UNIVERSITY
SITE
VILLAGE 8
ADOPTED
TRANSIT
ROUTE
N
NOTT0 SCALE
Locator Map
Alternatively, the EUC could be developed at less intense levels initially and then upgraded later,
such as was done in the Irvine Business park. Furthermore, the IJTF Issue Paper stated that this
alternative had the greatest potential to support mass transit. It also presented unique
opportunities for mixed-use development (e.g., retail at ground floors, offices above and
residential on top floors of high rises) and was sufficiently intense to provide a full range of
goods and services considered desirable to support a university.
The drafting and adoption of the EUC policies took place more than a decade ago. The policies
reflected the best thinking about urbm~ real estate development at that time. Real estate, as with
any production industry, is constantly in a state of change. Post Modemism gave way to Nco-
Traditionalism gave way to New Urbanism and Smart Growth all in the past decade. Retailing
has changed from traditional neighborhood, community and regional centers, with some
evolving to power centers and discount malls, with regional malls changing to lifestyle centers -
all in the past decade. Of the 3,000 regional malls in America, more than 1,000 are either closed
or going through significant change. The same pattern of change is true for housing with an
emergence of lofts, ro~v housing, stacked units and the like. The point is that designing and
delivering complex "Urban Place Making" such as a new, mixed-use, multi-phase, public-
private, urban town center, must, by necessity, be part of a process that fosters flexibility,
innovation, ever-emerging new ideas and a regulatory environment that both permits and
encourages change, where appropriate.
Based on the Issue Paper and the IJTF direction, the GDP included the following policies:
Character Policies
· "The character of the EUC should be guided by the following elements:
o Location at high point on the Otay Valley Parcel
o Synergism with adjacent villages, especially Village Ten
o 360 degree views to Point Loma and the mountains
o Location along light rail transit
· Locate civic and regional purpose facilities in accordance with the siting criteria in the
Facility Implementation Plan. The amount and size will be determined at the SPA level.
· The floor area ratio shall permit multi-storied buildings, high-rise buildings and parking
structures. The exact ratio will be established at the SPA level.
· Locate less intense land uses around the edges of the EUC and utilize landscaped buffers of
varying widths to create a transition to surrounding villages.
· Integrate commercial and residential uses to support a 24-hour environment.
· Create a regional shopping complex focused on major shopping activities.
· Provide for an array of services such asfinancial, medical, and research-oriented facilities
in office areas.
· Locate theaters and museums in prominent locations, to broaden the appeal of the EUC as a
viable regional hub of cultural activity.
Eastern Urban Center L~sue Paper 4
Urban Design Policies
· Orient buildings to create a continuous facade to pedestrian spaces. Define the pedestrian
areas to provide a continuous pedestrian experience.
· Emphasize an urban street scene by locating buildings at the sidewalk edge, except where
creating pedestrian oriented spaces such as patios, plazas, malls and squares.
· Buildings fronting on streets or pedestrian spaces should contain uses that support
pedestrian activities such as dining, retail, entertainment, and cultural experiences.
· Individual buildings or building clusters shouM incorporate elements of art, which can be
viewed and experienced from adjacent public space.
· To create vitality and excitement. Activities should flow out from buildings onto public
spaces (i. e. sidewalk cafes, street vendors', sidewalk entertainmenO.
· Buildings' shouM incorporate design features, which complement a pedestrian scale, such as
horizontal components, overhangs, facade detail, display areas, and pedestrian setting.
· Buildings should exhibit an urban character through the use of appropriate materials,
textures, and scale.
· The scale of prominent buildings should be generally mid-rise up to 15 stories.
· Buildings shouM display qualities that are characteristic of landmark architecture.
· Utilize streetscape amenities, such as enhanced streetpaving, bollards and street furnishings
to establish identity.
· Establish view corridors, which focus on and connect key visual landmarks.
· Prominentlyfeatare major activities nodes such as transit stations, civic building and urban
parks.
· Varying, but complementary, land uses should be integrated to provide a mixed-use
environment. A strong pedestrian connection should be created between uses.
· Encourage a mixture of land uses particularly where structures front a pedestrian plaza or
urban park.
· A variety of uses, including residential should be incorporated within a single structure
where feasible.
· The circulation system should minimize conflict with thepedestrian system.
Parks and Open Space Policies
· Application of the 3 acres per 1,000 residents' standard wouM result in the development of
45 acres of local parks in the EUC. The EUC will contain 45 acres of neighborhood parks,
town square, and a community park (combined).
· The following policies shall guide the design of parks and open spaces in the Eastern Urban
Center:
o A neighborhoodpark may be constructed contiguous to or separate from the community
park.
Eastern Urban Center Issue Paper 5
Incorporate a pedestrian open space/trail corridor (average 200 feet wide) across the
EUC which connects to Wolf Canyon and Salt Creek. This corridor will create a strong
east/west open space system and reflect differing characteristics as it moves through
Otay Ranch. This corridor will be further defined in the overall Ranch Design Plan.
The average width of the open space/trad corridor shall be calculated from one edge of
the village to the other.
Provide a network of pedestrian spaces, plazas, malls, promenades, and squares to
create a pedestrian oriented environment.
Individual building and building clusters should integrate pedestrian plazas with the
overall pedestrian system.
Pedestrian plazas shouM incorporate fountains or artistic features as a visual focus.
Other Eastern Urban Center Policies
· Right-of-way for a transit line and transit stop/station within the EUC and Freeway
Commercial area shah be reserved at the SP,4 level and irrevocably offered for dedication at
the tentative map level."
Land Use Mix (as amended in October 2001)
· 2,332 multi-family high density · Business Park
residential units
· Visitor Commercial
· Build-out population of approximately · Light Rail Transit station
5,947
· Elementary School
· Regional shopping complex
· Community Park
· Multi-Use Cultural Arts Facility
· Urban Open Space Corridor
· Civic Arts/Theatres
· Central Library and Civic Centers
· Museums
· Affordable Housing
· Regional Purpose Facilities
· Neighborhood Park
DISCUSSION AND POLICY ANALYSIS
The Otay Ranch General Development Plan was originally adopted on October 25, 1993. Since
that time, there have been several amendments to the GDP. Those amendments could be
referred to as refinements since the original vision and policies of the GDP have not been
changed. Relative to the EUC, the GDP has a number of policies and guidelines that have been
described above. In describing the Overall Land Use Plan, the GDP describes the EUC as "the
regional urban center creating the functional and symbolic center for the Otay Ranch". That
statement was in the original version of the GDP and is in the current version as well.
Eastern Urban Center Issue Paper 6
In reviewing the Otay Ranch General Development Plan (GDP), there do not appear to be
substantive changes that need to be made to further identify the city's intent to have the EUC
developed as the high density, mixed-use development center for the entire Otay Ranch. Based
on both McMillin Community's and the Otay Land Company's development capabilities and
experience in the area of mixed-use development, there is no reason why they could not be
excellent partners with the city to further define and implement that vision.
Considering the public investment in infrastructure and the importance of the EUC to eastern
Chula Vista, a major compromise of that vision should not happen. It has only been eight years
since the GDP was approved by the city and only four years since the first housing units were
built. No substantive development has occurred on Otay Mesa, the University is closer to
fruition but is still not at the point where it can be assured, and SR-125 has not be built. So, many
of the pieces have yet to be put in place.
One of those pieces is the EUC itself. Without the EUC and its intensity of development, its
high-density residential component, its pedestrian and public transit focus, its public spaces,
including parks and promenades, the Otay Ranch would be a suburban residential development
that never achieves its full potential. It will never realize the synergy that is anticipated with the
university and other eastern Chula Vista communities. Of equal importance to the city, it will
never become a catalyst for other income generating uses within Otay Ranch.
That does not mean that phased development might not be an acceptable approach and we should
explore how that could be accomplished. It also does not mean that the precise vision for the
EUC has already been defined and there is not room for refinement. The city already has
established the process to refine that vision for the EUC, including the preparation of a Sectional
Plan (SPA) and an Urban Design Plan (UDP).
Until those plans are prepared, reviewed, and adopted, the official vision for the EUC is that of
the GDP. If refinement is appropriate, the process that has already been established should be
honored. That process (SPA and UDP) will provide the detail necessary to make a decision
based on the full complement of uses, relationships, and design to determine the focus of the
EUC and its impact on the remainder of the Otay Ranch and eastern Chula Vista.
There were several assumptions that were made in 1993 that are still valid in 2002.
1. The GDP sets the general vision for the EUC. A SPA Plan and an Urban Design Plan were
always intended to further define the EUC.
2. The Metropolitan Transit Development Board (MTDB) agreed to reroute the regional trolley
line through the villages of the Otay Ranch based on the proposed character, density and
intensity of development. The regional transit plans that were assumed in 1993 are still
planned today; that is, the trolley will be going through the Otay Ranch and the EUC.
3. The proposed university location ~vas selected, in part, due to its proximity to the EUC. The
intent was to create an urban location that could benefit from the uses within the EUC. At
the time, there was much discussion about having the university location further east in a
more pristine location, separated from other urban development. The University is still
proposed adjacent to the EUC and the city believes that the EUC and university site could
create the synergy to improve the opportunities and image of this region.
Eastern Urban Center Issue Paper 7
12-1o
4. The economic considerations in I993 included the need to have an intensely developed
commercial and employment base in eastern Chula Vista to serve the future residents and
employees projected for this area and to support the public investment in infrastructure. At
that time it was believed that eastern Chula Vista should not be developed solely as a
bedroom community. Due to adjacent plans in San Diego and the County, it was believed
that the EUC had the potential to serve a much larger area economically.
It should also be noted that in October 2000 the London Group Realty Advisors, Inc. completed
a commercial market analysis and provided strategic recommendations to McMillin
Communities for the development of the Freeway Commercial and Eastern Urban Center (EUC)
sites. Comprehensive market analyses were undertaken which tested many different commercial
land use approaches. They analyzed various retail concepts, commercial office, R&D and
transient commercial (hotels).
The London Group recommended the development of a one million square foot or larger 'life-
style~ center as the cornerstone project of the EUC. The vision was identified as a quality
designed pedestrian oriented mix of full-price retailers with a strong entertainment component.
They further stated that this regional 'life-style' center would maximize consumer demand from
the primary market area; yet would also attract consumers who reside elsewhere in San Diego
and Mexico.
The London Group report goes on to state that the Freeway Commercial and the EUC should
also include an array of other commercial opportunities, including several neighborhood or
community retail centers for day-to-day grocery and convenience shopping and hotels, business
parks, restaurants and food oriented retailing, housing (including apartments and owner-occupied
medium to high density). Each of these components would be phased into the project as Otay
Ranch is built out, the SR-125 toll road is completed, and the eastern portion of South County is
developed.
Following receipt of the London Group study, the City contracted with Economic Research
Associates (ERA) to prepare a market analysis for Regional Serving Shopping Centers, which
was completed in May 2001 (proposals existed for regional retail centers at the EUC and on the
Bayfront at that time). The study estimated the potential market support over time for regional
shopping centers in South County and Chula Vista in particular, assuming existing regional
centers maintain their current sales. The ERA study concluded that the market could support one
regional center by 2005, and may support another between 2015 and 2020, depending upon
whether Phase II of the retail commercial at Gateway of the Americas is built. The ERA report
also assumes support from Mexican consumers. The study specified that the EUC center could
succeed without significantly penetrating the ~vestem South County or the Mexican market after
2010 due to the anticipated population and incomes in eastern South County at that time. ERA
concluded that a new regional shopping center should not only serve new population but should
capture an estimated 23% retail leakage from existing population.
ERA's calculations projected that at $309 per square foot - the San Diego average - the market
support translates into demand for approximately 1.38 million additional square feet of GLA
(Gross Leaseable Area) by 2005 and 2.55 million by 2015. The 1.38 million square feet in 2005
is almost sufficient to accommodate one center and Phase I of the Gateway project in San
Ysidro. However, over one-fifth of this support would have to come from the Mexican market.
Eastern Urban (?enter 13'sue Paper 8
It is ERA's opinion that an additional regional center in eastern South County could survive
without significantly penetrating the western South County market after 2010.
ERA evaluated the scenario of only the EUC being developed as an additional regional retail
center, and suggested that the center "should be a moderately sized, upper middle price-point
lifestyle-entertaimnent center, with selected department store anchors," with the price-point
distinguishing the center from Chula Vista Center, Plaza Bonita and Gateway of the Americas
(i.e. higher income consumers). ERA stated that a benefit of this suggestion would be
"implementation of the City's adopted plan for the EUC that calls for a regional-serving core at
the EUC."
ERA has cautioned City staff regarding the use of "jargon" or "labels" when discussing types of
regional retail centers; these can be very confusing and subject to different interpretations. ERA
expressed concerns that the term "Lifestyle Center" as used in the London Study referred to a
model that may not be consistent with the existing EUC policies. ERA stresses the need to focus
on design characteristics (e.g. fashion versus entertainment uses, scale, whether or not
department store anchors are included) versus labels and to recognize that most regional centers
today are hybrids of different models. For example, new regional "malls" are now being
designed with Main Street components; a Macy's department store may be located on a grid
system. ERA recommends that the City carefully assess optional design models to ensure that the
development of the EUC (including phasing aspects as applicable) is consistent with Otay Ranch
GDP policies.
Based on these studies, it appears that Eastern Chula Vista and the South Bay economic forces
wiI1 allow, over time, the intensity and mix proposed in 1993. There is a need to further define
those uses to ensure that the quality and long-term viability is not compromised through both the
GDP process and the SPA submittal requirements that already exist.
GDP POLICY ANALYSIS
Most of the GDP policies listed on pages 3 to 5 of this Issue Paper relate to the character and
design of the EUC. Through this Issue Paper process, both property owners have stated that
there is general agreement with most of the character and design policies. Because several of
those policies can be interpreted differently, it will be important to work at the SPA level to
better define precise details. The policies that require further resolution are those that deal with
public and community facilities, parks and recreation facilities, greenbelt and open space
linkages, and land use acreage and distribution.
In addition to the GDP policies, other issues have been added to the policy matrix that were
identified by either McMillin Communities or the Otay Land Company. If not already
mentioned, those issues generally relate to GDP and/or SPA processing, land use and circulation
(internal and external to the EUC), and the potential siting of a university campus adjacent to the
EUC.
Eastern Urban Center Issue Paper 9
We have listed the policies that warrant additional refinement or definition under two different
headings: Policy Recommendations and Processing Recommendations.
POLICY RECOMMENDATIONS
As stated above, one of the objectives of this Issue Paper is to analyze the policies contained in
the Otay Ranch GDP. Under separate cover, an Eastern Urban Center Policy Analysis matrix
has been prepared that discusses all of the character and design policies, as well as issues
identifies by either the Otay Land Company or McMillin Communities. The following policies
are only those that city staff feels require a more significant policy recommendation as part of
this issue paper.
EUC Policies Recommendation
EUC Character and Design Policies (GDP
Locate civic and regional purpose facilities in As a part of a GDP amendment and SPA Plan, refineand
accordance with the siting criteria in the Facility update the need, location, and size of public facilities
Implementation Plan. The amount and size will be including local, regional, and federal facilities. This
determined at the SPA level, should be done in cooperation with the County of San
Diego since they had identified, in 1993, the potential
need for regional facilities
Locate theaters and museums in prominent locations, Through the General Plan update, determine where the
tobroadentheappealoftheEUCasaviableregional city wants to have the cultural and performing arts
hub of cultural activity, facilities for the city. Is it the EUC or downtown or both?
While this update is proceeding, identify opportunities
within the EUC SPA plan that could be used for these
purposes.
The floor area ratio shall permit multi-storied As a part of a GDP amendment, consider the use of FAR
buildings, high-rise buildings and parking structures, and square footage (or other acceptable measures) as an
The exact ratio will be established at the SPA level,alternative to acreage as a determinant of land use
intensity, and the subsequent need for public facilities
(except in the case of population based standards).
Implementation will need to address the need for phasing.
Since there may not be an immediate market for the
intensity envisioned by this policy, there will be a need to
develop a phasing program to ensure that the GDP
intensity m~d character policies stated herein, of
ultimately having an intensely developed EUC, is
implemented over time
Locate less intense land uses around the edges of theAs a part of a GPA/GDP amendment, consider language
EUC and utilize landscaped buffers of vat3fing that aclamwledges the future interface of the EUC with
Eastern Urban Center Issue Paper 10
/¢
EUC Policies Recommendation
widths to create a transition to surrounding villages, the university site and other community or regional
serving uses. When there are commtmity and regional
serving uses - such as the tmiversity - adjacent to the
EUC, it may not be appropriate to have low intensity
development at the edge of the EUC.
Application of the 3 acres per 1,000 residents As part of a GDP amendment, it is the intent to move 35
standard would result in the development of 45 acres acres of the parkland requirement to village # 7 as a
of local parks in the EUC. The EUC will contain 45 combined GDP amendment, thereby reducing the acreage
acres of neighborhood parks/town square and a for parkland within the EUC to approximately 10 acres.
community park (combined). ~hrough the General Plan update, an overall review of
park needs and implementation should be conducted,
based on projected population from the revised project
As part of a SPA plan, define the location, size and
design concepts of that EUC parkland so that it
contributes to the overall design of development within
the EUC and the park system. This should be based on
the character of the EUC and an analysis of the needs of
people working and living within the EUC. Smaller
neighborhood parks should be encouraged to implement
the standard. Linkage to other parks and the greenbelt
system is necessary
Incorporate a pedestrian open space/Nail corridor In conjunction with a GDP amendment, principles should
(average 200 feet wide) across the EUC which be developed to better define the size and design and
connects to Wolf Canyon and Salt Creek. This character detail for this corridor on the Otay Valley
corridor will create a strong east/west open space parcel and within the EUC. The greenbelt trail/corridor
system and reflect differing characteristics as it in the EUC shall be defined in the Village Design Plan
moves through Otay Ranch. This corridor will be for the EUC SPA.
further defined by the overall Ranch Design Plan. The EUC corridor definition should focus on
enhancement of public spaces, connection with other
villages and the university, association with landmark
architecture, the protection and enhancement of views,
and the creation of a promenade through the EUC.
The width and characteristics of the greenbelt within the
EUC should be different than other villages due to the
development intensity of the EUC. For example, the
greenbelt may be integrated with the pedestrian
circulation system and be a combination of hardscape,
landscaping and green space.
The average width of the open space/trail corridor This should be determined at the GDP level, in
shall be calculated from one edge of the village to combination with detail provided at the SPA level when a
the other, comprehensive EUC design is known, addressing the
design and character features described above
Eastern Urban Center Issue Paper l I
EUC PoliCies Recommendation
Other EUC Issues
How can a SPA plan be processed for McMillin to The SPA plan for the EUC shall be processed as one
not preclude or prejudice future SPA planning for the plan, including both ownerships, utilizing the current
Otay Land Company (McMillin and the Otay Land boundary. For more of a discussion of processing, please
Company) refer to Processing Recommendation in the Issue Paper
University planning and land use siting impacts how As part of the overall General Plan update, the city
the EUC is planned (Otay Land Company) should consider the relationship of all land uses and
circulation on the Otay Valley parcel. It may be
Overall circulation needs to be implemented in a way appropriate to consider expansion of the EUC,
to allow flexibility for those owners not ready to
proceed, including the location ofSR-125 reevaluation of the EUC land uses, secondary uses within
interchange and internal EUC north/soutlr circulation villages 9 and 10, circulation classifications and
roads (Otay Land Company) alignments, and other land use amendments.
For the purposes of processing a SPA for the EUC, Rock
Mountain Road will remain in its current location and
alignment. It is understood that the OLC and city will
review other options for Rock Mountain Road's
alignment as part of the General Plan update process.
Based on the outcome of a GPU review, the city should
consider a subsequent amendment to the EUC SPA plan
The acreage of the EUC is not accurate and the land As part of a GDP amendment, consider the use of FARs
use acreages and FARs need to be updated, refined and square footage to define intensity of land use within
and/or clarified by land use category. (McMillin) the EUC; furthermore, update the overall EUC acreage
based on more accurate mapping
The GDP land use table identifies an elementary As a part of the GDP amendment, coordinate with the
school site within the EUC Chula Vista School District to confirm the need for and
location of elementary school sites on the Otay Valley
parcel, including the EUC. Explore other school designs
or models to satisfy the elementary school need if it is
determined that the school should be located in the EUC.
PROCESSING RECOMMENDATIONS
The process is as important as the policy discussion above. The EUC is a critical component of
the overall Otay Ranch land use plan, requiring a multi-disciplinary approach. Also, it is an area
that has multiple ownerships, which adds to the complexity of the planning process. Therefore,
this section discusses a number o£ factors important to processing any plans for the EUC. Those
are, the assumptions used when designing this process, objectives the planning process is
attempting to achieve, and a recommended step-by-step approach for plan implementation.
Eastern Urban Center Issue Paper 12
ASSUMPTIONS
· McMillin Communities and the Otay Land Company (OLC) are ready to and want to process
a SPA Plan.
· Both ownerships generally support the existing design and character policies in the GDP
· The main question focuses on how to achieve the objectives of the City, McMillin, and OLC
as stated above and in the matrix attachment.
o City wants a plan that implements the GDP without diluting design, character, and
economic viability of the EUC.
· Knowing that SPA implementation will be an evolutionary process,
· There will be a need to create a strong public presence.
o McMillin wants a SPA with a strong retail component timed with SR-125 completion.
o OLC wants expanded opportunities within and external to the EUC; including, circulation
and land use plan amendments.
PRIMARY OBJECTIVES: Agree on a process that:
· Updates and refines GDP policies to better implement the EUC objectives as defined by the
recommendations stated above and in the attached matrix.
· Targets SPA processing and initial site preparation to be completed prior to or concurrent
with the State Route 125 construction schedule.
· Identifies and considers amendments to land use designations on the Otay Valley parcel
through the General Plan update process
RECOMMENDED PROCESS
1. Utilize the existing Otay Ranch decision-making structure to implement these Issue Paper
recommendations:
a. Utilize Issue Papers to provide periodic updates and to obtain policy direction Pcom
the Planning Commission and City Council
b. Consider an increased role for the Community Development Department since the
EUC is different from any other village in the Otay Ranch. A public/private
partnership potential should also be explored concurrent with the GD? amendment
and SPA plan consideration. A public/private partnership is a proven means of
achieving the full implementation of a town center concept
2. Begin work on EUC SPA plan. Timing needs to be paced with City Council consideration of
GDP amendments described below. The SPA plan should:
a. Use the existing GDP boundary of the EUC
b. Plan for civic and other public uses as defined in GDP with full knowledge that GDP
amendment may refine uses and acres
c. Propose FAR and square footage intensity approach rather than acreage
d. Utilize Design and Character guidelines and standards per GDP policies
Eastern Urban Center Issue Paper 13
e. Prepare a Skeletal Plan with grid street system along ~vith first phase details
3. Prior to or concurrent with the processing of a SPA plan, process an EUC focused GDP
amendment and possible General Plan amendments, to consider the policy recommendations
mentioned above and in the attached matrix:
a. Cornmunity Park relocation
b. Public Facility clarifications
c. Refine acreage numbers
d. Focus on FARs and square footage to allow flexibility to implement the ultimate
intensity proposed by the GDP
e. Refine and update certain policies as mentioned in Attachment #1
f. Other changes, including a review of growth management policies such as the
limitation of units and commercial square footage prior to MTDB trolley assurances.
g. For the purposes of this process Rock Mountain Road will remain in its current
location and alignment. It is understood that the OLC and city will review other
options for Rock Mountain Road's alignment as part of the General Plan update
process.
4. Prepare Joint City/Property Owner Processing Agreements for the processing of the focused
GDP amendment and the EUC SPA plan described above, which defines:
a. The overall scope of effort
b. Assurances of property owner participation and city staffing
c. Estimated costs and schedule
5. Begin Otay Valley parcel analysis as part of the comprehensive General Plan update to
address those issues external to the current EUC boundary and scope mentioned above.
a. Otay Land Company proposal:
i. EUC boundary change
ii. Land use options for the EUC and secondary uses for Villages 9 and 10
iii. Rock Mountain Road realignment and other circulation alternatives
b. Other land use designation, policy and circulation changes
c. Based on the outcome of this analysis and subsequent amendments to the General
Plan and GDP, the city would be willing to consider an EUC SPA plan amendment
6. TO assure participation by the city and the property owners in addressing the issues described
in Item 5 above, utilize a Letter of Intent to define the scope and process to be used in
evaluation of these issues through the General Plan Update.
Eastern Urban Center Issue Paper 14
Council Agenda Statement
Item Number
Meeting Date April 23, 2002
1TEM TITLE: Resolution Approving Decision Not to Extend thc Agreement with
Organic Recycling West for Composting Services, and Approving a Franchise
Implementation Agreement with Pacific Waste Services for the Use of Green
Waste as Alternative Daily Cover.
SUBMITTED BY: Michael T. Meacham,/~e~cial Operations Manager
REVIEWED BY: David D. Rowlands,{"-h'.,'_, City Manager
(4/Sths Vote Yes __ No X )
BACKGROUND:
In 1993 Pacific Waste Services (Pacific) began to collect source separated green waste from Chula
Vista generators as part of the City's source reduction and recycling program. At that time Pacific
contracted directly with Organic Recycling West (ORW) to process and market the material collected
in Chula Vista. In 1997 Pacific approached the City with the intent of developing more favorable terms
for all parties. As a result of that effort, in May of 1997 the City entered into a 60 month agreement
with ORW for processing, marketing and composting of green waste that reduced the per ton fee by
approximately 18%. The Agreement includes two optional extension terms of two years each that may
be exercised at the City's sole discretion. Pacific has continued to deliver the City's green waste to
ORW throughout the term of the agreement. The change to "Alternative Daily Cover," will stabilize
the program for several years, produce modest increases in diversion and reduce costs for Pacific and
the City.
RECOMMENDATION: Approve the resolution executing a decision not to extend the Agreement
with Organic Recycling West for composting services, and authorizing a Franchise Implementation
Agreement for the use of green waste as Alternative Daily Cover.
BOARD AND COMMISION RECOMMENDATION: The Resource Conservation Commission
reviewed the recommendation on April 15, 2002. A majority of the quorum (but not the entire
Commission) voted (3 to 1) to support staff's recommendation so no action was taken. The dissenting
vote preferred that the City continue to compost the green waste collected through the City program.
The Commission also requested that Staff attach a document submitted by ORW (Attachment A).
DISCUSSION:
In the early 1990's waste haulers and South Bay jurisdictions worked together to develop composting
opportunities for the South Bay. Siting Organic Recycling West (ORW), a private for profit green
waste-composting company was one result of that effort. Since then ORW has processed green waste
from Chula Vista and other South Bay generators for almost a decade. When establishing the
relationship with ORW the City had a number of goals in mind. Among those goals was the
development ora sustainable business that would help the City meet its recycling goals by expanding
the processing and marketing of green waste to include other organic materials generated within the
City. The City also expected that the business would aggressively market a value added product that
could increasingly reduce the businesses dependence on tipping fees to make a profit. The City also
worked with ORW to site a facility within the City limits to assure that a site would always be
Page2
Item No. ~
Meeting Date: April 23, 2002
available, encourage greater use by local generators, and reduce transportation costs.
Unfortunately, although ORW and the City have worked together to accomplish these goals those
efforts have met with little or no success. ORW has been unable to demonstrate progress in adding
other organic materials, the development of long-term retail and wholesale markets for material or the
development ora Chula Vista site. Staffis not optimistic that material progress can be made in the
near or medium term.
If the City does not continue its composting program, Pacific has asked that it be allowed to direct the
City's green waste material for use as "Alternative Daily Cover," (ADC). ADC is the use of chipped
green waste to cover the trash area at the landfill at the end of each day. Trash is covered daily to
reduce vectors such as odors and scavenging by birds and rodents. Pacific has identified a number of
potential benefits for making the change.
· Pacific estimates that the landfill will continue to operate at least another twenty years,
providing the City with a viable long term option that meets the state requirements for diverting
green waste. The California Integrated Waste Management Board has recognized ADC as an
acceptable form of diversion for green waste generated from municipal recycling programs.
· According to Pacific the use of green waste instead of soil extends the life of the landfill and
promotes decomposition. The decomposition helps to generate the gas that allows the Otay
landfill to generate electricity
· Pacific reports that with the ADC program it will be able to offer modest expansion to the
City's recycling efforts. The use of green waste for ADC is less sensitive to contamination by
plastic and other materials than the composting process and therefore more of the green waste
material collected by Pacific will be diverted because less will be rejected.
· Eliminating the trip to ORW would reduce the number of Pacific truck miles by an estimated
40,000 miles per year. City tree trimming crews and sub-contractors will also reduce the
number of truck miles they generate to deliver green waste materials to a recycling site.
· Pacific has offered to accept green waste delivered by the City and City subcontractors as ADC
and not count it against the City's annual free disposal and recycling allotment. The City
exceeded its disposal and recycling privileges at the landfill last calendar year by
approximately $18,000. The City would not have exceeded its limits if green waste from City
crews and sub-contractors were not counted against the aimual allotment.
· Pacific has also offered to accept "clean" dirt from City crews as ADC at no additional charge.
Staff does not prefer ADC to composting. When transportation, volume, and market factors are
favorable composting represents a higher and better use of source separated green waste materials.
However, the long-term stability of the ADC option and the City's need increase diversion suggests
that accepting Pacific Waste's offer is the correct step for the City at this time. The City has Pacific's
agreement to continue to work with them to develop alternative diversion programs such as
composting at the landfill. That commitment should insure diversion of the City's green waste in the
future.
Pacific Waste Services has also identified three items that it believes are "extraordinary" cost increases
this year. Those costs are a result of:
Item No. ~e3
Meeting Date: April 23, 2002
1. A new five-year labor contract that provides trash and recycling drivers with higher wages and
an improved benefits package,
2. Increased fuel from converting the fleet from diesel to an alternative fuel, bio-fuel as outlined
under the agreement for new vehicles,
3. AB 1220, a per ton surcharge increase by the California Integrated Waste Management Board.
Summary of Monthly Impact of "Extraordinary," Costs:
· Labor $ 8,555
· Bio-fuel Conversion $ 6,038
· Landfill Surcharge $ 322
· Total Monthly Impact $14,915
· Divided by 40,000 Residences = $ 0.37 per month increase
Pacific states that it would be asking for m~ increase of approximately 37¢ per household to offset these
costs if it cannot obtain the cost savings associated with the use of green waste as ADC.
Section 7.8 of the Solid Waste and Recycling Agreement states that Pacific may submit a request to the
City Council for additional rate relief at any time extraordinary expenses are incurred beyond Pacific's
reasonable control. The Section goes on to state that the City Council reserves the right to approve or
disapprove such a request at its sole discretion. Staff does not agree that the items listed all qualify as
extraordinary expenses however, the intent behind appropriately compensating service employees and
restoring the environment by reducing the impacts to air quality are concepts that staff supports.
Staff has consistently encouraged Pacific to concentrate on more efficient operational approaches to
improve its rate of return rather than rate increases. This proposal by Pacific is consistent with that
request. In its letter of March 14, 2002 Pacific stated that it would not seek increases to offset these
costs if the adjustment to accept yard waste as ADC was approved. The savings from truck miles by
City crews, additional free tonnage for green waste from City crews and subcontractors, and the free
processing of clean dirt as ADC will provide the City with significant value.
The Environmental Projects Manager has reviewed the program and determined that the proposed
activity does not constitute substantial changes requiring revisions to the previous Full Environmental
Impact Reports and no new information of substantial importance exists which was not known or
considered at the time the Report's where conducted. No new mitigation measures would therefore be
required.
FISCAL IMPACT:
There will be no impacts to the general fund as a result of approving the proposed resolution. Tree
trimming crews will reduce their travel time by an average of four hours per week, which will produce
some productivity gains and allow tree-trimming crews to spend more time trimming and less time
traveling to and from the recycling site. The estimated value of that savings or productivity is $20,000
per year. Similar benefits may be incorporated into tree trimming contracts. The Agreement also
provides for free disposal of clean soil. The City does not pay to dispose of soil currently however the
current disposal sites are reaching full capacity. The Public Works Department places the benefit from
avoided costs for soil disposal from this Agreement at between $150,000 per year to $300,000 per year
depending on the amount of soil generated in a given year.
Attachment: ORW Document (Attachment A) '~
(Attachment A)
BENEFITS OF CITY OF CHULA VISTA CONTRACT RENEWAL
WITH ORGANIC RECYCLING WEST, INC.
Historical Overview of Organic Recycling West, Inc. Relationship with City of Chula Vista
Organic Recycling West, Inc. (ORW) opened it's Otay Mesa composting facility in May of 1994, after two
years of permitting. Ghula Vista (City) was ORW's first choice for a siting location, as the facility was
designed with consideration of and preference to processing Ghula Vista's organic waste stream. With the
assistance of Chula Vista staff, ORW sited in Otay Mesa at a location considered feasible both economically
and logistically to the City. ORW expressed interest in contracting directly with the City, but was advised
by City staff to contract with its hauler, Laidlaw Waste (now Pacific). Since Ghula Vista's organic waste
stream was central to ORW's business, and a consistent supply of feedstock was necessary to meet growing
market demand for soil amendments and mulches produced at the facility, ORW approached the City in 1996
for a direct contract. In May of 1997, a 5-year contract was awarded to ORW.
Overview of Importance of Gomposting to California Jurisdictions and Environmental
Quality
"Organic materials make up approximately forty percent of the total wastestream going to landfills. To
divert organic materials from landfills and comply with AB939 waste reduction mandates, many local
jurisdictions have developed an infrastructure that collects, segregates, and processes these materials into
value-added products at composting facilities or at chipping and grinding operations. If these facilities and
operations close, the organic materials they currently process will be returned to the wastestream and be
landfilled. In landfills, it is primarily this organic fraction of the wastestream that increases the amounts
of leachate and emissions that can contaminate groundwater and the atmosphere. This makes the need to
maintain and increase the diversion of organics even more imperative. Thus, closure of organics processing
facilities would have detrimental impacts on local jurisdictions, AB939 attainment, statewide diversion
levels, landfill capacities, and air and water emissions."
Quote from Agenda Item 31, Board meeting on April 16-17, 2002, "Discussion Of Threats To The Organic
Materials Recycling Industry In California," California Integrated Waste Management Board.
ADC (Alternate Daily Cover) Impacts on Environment and Public Perception
When exploring potential recycling options for the City's green waste, prior to and during contract
negotiations with ORW, Chula Vista staff was strongly opposed to sending its material for use as ADC, and
for good reason: ADC is the lowest value use for green material, and rates seventh out of a possible seven on
the United States Gomposting Council and National Recycling Coalition's resource recovery hierarchy. The
reason for this low rating is that green waste, even though it'll be collected separately from other
recyclables and trash in Chula Vista, will be landfiiled like the rest of its garbage. Rate payers will be
disappointed to learn that the care they take to separate their recyclable green waste will not be coming
back to them in the form of free, nutritious compost, but rather disposed of in the landfill.
Although California Assembly Bill 939 presently awards diversion credit to cities sending green waste to
landfills for use as ADC, its use is highly controversial and has been the subject of considerable debate. The
Otay Landfill may have 20 years or more of capacity, but ADG's life as an allowable activity for diversion
credit may be shorter. Misreporting and potential overuse of ADC by nine or more California landfills, and
heavy lobbying from concerned environmental groups and business interests has prompted the California
Integrated Waste Management Board to reassess legislation and current policies addressing ADC.
From an environmental and public perception standpoint, the reasons ADC is unpopular are obvious: an
easily recyclable waste material carefully sorted and collected separately is being ground and put into the
landfill, taking up valuable landfill airspace, creating methane gas which leaks into the atmosphere (even at
sites which attempt to recover it), and adding to the potential for groundwater contamination through
leachate, while the city receives credit for "landfill diversion" efforts. If Chula Vista chooses the ADC
option, it will transform its recycling program overnight from one of the most progressive in the county to
one of the least..
Chula Vista Contract with ORW
ORW~s contractual duties to Chula Vista include providing ,...the lowest rate offered by the Consultant
[ORW] to any municipality or hauler collecting on behalf of a municipality, that delivers material to a
facility located within a 20 mile radius of the City limits...", provide finished compost or mulch for
distribution to residents, expand green waste feedstock to include other organic materials, and "Make a good
faith effort to pursue relocation within the city limits of the City, and cooperate with the City to identify a
site that will maximize the benefits and minimize the costs to City rate payers."
ORW has adequately performed all of its duties as specified in the contract, and has had no indication nor
has any correspondence from Chula Vista staff on file to suggest otherwise. In addition to the lowest rates,
Chula Vista and its contracted hauler have been given preferential service since the beginning of the
contract. Hours of operation and staff hours have been lengthened to receive trucks delivering City green
material, CPI increases in 1998 and 1999 were waived, and contaminated load fees have been waived as well.
Although contract language addressing relocating the facility to Chula Vista is "soft," ORW has made
substantial efforts to move its operation to within city limits, and identified three excellent sites with
strong potential for composting or transferring green waste to the existing ORW facility (with the entire
savings going to the City). A property on Maxwell Road was already zoned and permitted as a transfer
station, and would have been an ideal location to reduce travel required by Pacific trucks delivering green
waste and serve as a retail outlet and distribution point for compost giveaway events for Chula Vista
residents. This potential location was rejected as a possibility by City staff. Two other viable locations
adjacent to Pacific Waste's landfill operations and owned by the same company were identified, but turned
down by Pacific for non-specified reasons.
ORW efforts at increasing organics volume from Chula Vista has resulted in quadrupling construction
lumber recycling. The facility will soon be accepting drywall (most of which will come from Chula Vista),
and has informed City staff that dirt may be delivered to ORW for free. Several meetings and scouting trips
have occurred in attempt to increase food waste recovery, but Pacific Waste was unwilling to perform the
collection necessary. Although ORW's contract requests the expansion of organics recovery, and ORW has
made a good faith effort to do so, citing the lack of expanded feedstocks as one of the reasons to deny renewal
of the contract is unfair and without base. Increased organics recovery requires cooperation between the
City's franchised hauler, Pacific Waste, and this has not occurred. Further, Pacific owns the landfill as well,
and any material diverted from the landfill to the ORW facility represents a conflict to their own business
interests and toss of income.
ORW has been at its present location for nearly a decade, was the first fully-permitted compost facility in
the County of San Diego, and the largest. Its soil amendment and mulch customers include the largest and
most well-established landscaping firms in the county, as well as growers, theme parks and cities.
Currently in the process of finalizing a facility expansion, ORW remains a viable and sustainable business.
Request for Fair Notice or Opportunity to Re-negotiate
Despite great success at its current location, ORW remains open to relocating its facility to Chula Vista,
would like to remain a partner with the City, and is willing to sit down and negotiate terms. ORW soil
amendments and mulches are purchased by a multitude of Chula Vista and gan D~ego County companies, and
can't be produced without a consistent supply of feedstock. If Chula Vista chooses not to renew its contract
with ORW, we ask for 90 days to source more material and keep our customer base. After five years of
service to Chula Vista, we have been informed less than 30 days prior to the end of our contract that staff
will recommend not to renew it, in a meeting we called ourselves. With Chula Vista representing 65% of our
current revenue, we would appreciate the courtesy of 90 days notice, if not the opportunity to re-negotiate
terms to the City's benefit.
Attachments:
US Composting Council and National Recycling Coalition resource conservation
hierarchy
Proposed compost site locations in Chula Vista
Aerial photo of Organic Recycling West, Inc.
US Composting Council and National Recycling
Coalition Resource Recovery Hierarchy:
1. Waste reduction, which includes grasscycling and Iow-output
landscape designs
2. Recycling, which includes home composting, mulching, and
on-site composting where feasible
3. Source separated organics composting
4. Mixed waste composting
5. Refuse to energy
6. Tncineration
7. Landfills
Organic Recycling West, Inc.
1202 La Media Road
San Diego, CA 92154
(619) 661-6712 Fax (619) 661-6724
April 19, 2002
Honorable Shirley Horton and City of Chula Vista Councilmembers
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Why the City of Chula Vista should Continue Composting and Avoid ADC
Dear Madam Mayor and City Councilmembers:
When reviewing city staff's recommendation not to renew Organic Recycling West, Inc.'s (ORW) contract, we
ask you consider the following:
· Chula Vista was the first city in the county to add oil filter, empty aerosol and paint can recycling to curbside
collection. It was the first municipality in the United States to institute a rebate program for electric vehicles.
It has established a nationally-recognized global warming curriculum for elementary school students. The list
continues. Chula Vista is an environmentally progressive city. It is now considering going from the highest
value use of a recoverable resource to the lowest. Given Chula Vista's efforts, how can it consider such an
environmentally unfriendly option as sending its green waste back to the landfill?
· Economics? ORW is willing to sit down and negotiate a program with numbers that work for the City. We were
informed just 20 days before the termination of our five-year contract that staff is recommending
non-renewal. We're willing to relocate our facility to Chula Vista, establish a transfer station to cut down on
transportation costs, or re-work our fees to the benefit of the city.
· Diversion credit70RW is your best partner to increase diversion. We've recently been approved to receive
drywall, and have increased our facility's capacity by 7 acres and 100 tons a day. There's a large percentage
of Chula V)sta's organic waste stream that can be recycled, but is being landfilled instead. We can't collect
material in Chula Vista, but we can receive a substantially higher volume than is being delivered to us, and
can help the city implement programs to achieve this.
· Dependence on the landfill and ADC for "recycling" and diversion credit is an environmentally unfriendly and
risky strategy. There is a strong lobby in California to repeal or limit diversion credit for ADC. Several
landfills in California have recently been investigated for overuse of ADC, and jurisdictions sending material
to these sites could lose their diversion credit (See attachment: "Summary of ClWMB Agenda Item 37). Whether
ground and applied as ADC, or deposited directly into the dump with the rest of the garbage, green waste can
cause problems, and is a wasted resource. City of Chula Vista staff has fought against green waste use as ADC
in the past, and agrees it is a less desirable alternative to composting.
· Chula Vista and ORW have worked together for the past five years building an efficient, successful composting
program. Residents, schools, gardening clubs and local businesses have pur6hased or received free soil
amendments produced at ORW from ChuJa Vista's green waste. Market demand for soil amendments and mulches
is high and the facility has no stockpiles of excess material (only active windrows and finished products
recentJy produced and slated for near-term sale, as evidenced by aerial photo attached).
Composting is clearly the best alternative. Before you make a decision, we ask you to please allow us the
opportunity to sit down with staff and discuss ways to modify our program to the city's economic benefit. We
have not had the chance to do so prior to learning a few weeks ago Chula Vista had plans to abandon composting.
Our services can help Chula Vista maintain the standards it has set for environmentally responsibility and foresight.
If the economics can be improved, why not let the composting program continue?
Sinceret~_~
Fred Alexander
Organic Recycling West, Inc.
Summary of CIWMB Agenda Item-37 Board Meeting on April 16-17, 2002
Discussion And Request For Direction Regarding Alternative Daily Cover Tonnages Reported To
The CIWMB Disposal Reporting System For Calendar Year 2000 For Fontana Refuse Disposal Site
(SWIS# 36-AA-0055) And Colton Refuse Disposal Site (SWIS# 36-AA-0051); and Discussion and
Request for Direction Regarding Tonnages Reported to the CIWMB Disposal Reporting System
for Calendar Year 2001 for Ca/Mat Reliance Pit Number 2 (SWIS# 19-AA-0854)
I. SUMMARY
Public Resources Code (PRC) 41781.3 established that Alternative Daily Cover (ADC) and other
waste materials beneficially used at landfills constitute diversion through recycling.
Regulations specify that ADC material applied in excess of requirements for cover counts as
disposal, not diversion.
All solid waste facility operators are required to report, under Title 14, California Code of
Regulations (CCR), Section 18810 (d) (5), the total tons of each type of ADC or intermediate
cover used at the disposal facility from each jurisdiction. Board staff, after receiving the final
revised disposal reports for report year 2000, found a number of facilities where the operators
reported significant amounts of ADC use at their facilities for 2000. Board staff became
concerned about the significant amounts of ADC use being reported and conducted an
investigation of nine of those facilities reviewing site records and inspecting disposal
operations. Staff from the Diversion, Planning and Local Assistance Division and the
Permitting and Inspection Division jointly conducted the investigations along with the Local
Enforcement Agencies.
From their investigations, Board staff determined that there were errors in what and how
operators reported ADC received at the disposal sites as well as evidence of ADC overuse. Board
staff prepared an agenda item with the results of these investigations and presented the
results to the Board at its July 23-24, 2001 Board meeting. At that meeting, the Board directed
staff to continue to work with the counties and the facility operators to resolve the reporting
issues and to determine whether there had been ADC overuse and to report back to the Board
with an update of those efforts at a future Board meeting.
Since the July 23-24, 2001 Board meeting, staff contacted the affected counties to offer
assistance in compiling the correct ADC information. Staff a/so sent a letter to the affected
landfill operators offering assistance in clarifying ADC types and amounts to be reported and
requesting operators submit revisions to Board staff by September 28, 2001. At the October,
November and December Board meetings, staff presented an update on their efforts. All nine
facility operators submitted revised disposal reports for reporting year 2000. Staff reviewed
the revised disposal reports and found that seven of the facility disposal reports could be
reconciled, and the Board directed corrections be entered into the disposal reporting system
(DRS).
Two revised facility disposal reports are still under review. These include: Fontana and Colton
Refuse Disposal Sites (identified as potentially overusing ADC). The Board directed staff to
work with the California Board of Equalization (BOE) to conduct a records review of the two
facilities.
Board staff's analysis indicates that there has been overuse of ADC at both the Fontana and
Colton Refuse Disposal Sites. Excess ADC counts as disposal, not diversion, and needs to be
a/located to the correct jurisdiction of origin. There are still issues with the jurisdiction of
origin information, use of tires as ADC at the Colton Refuse Disposal Site and the appropriate
density of the green waste ADC to determine the amount of excess ADC. Staff is working to
resolve these issues prior to the April 2002 Board Meeting.
This item is a foLlow-up to the July, October, November and December 2001 Board meetings and
requests the Board's direction regarding the revised disposal reports, BOE records review
results, density of green waste ADC, jurisdiction of origin information, and Board direction on
the two facilities that potentially overused ADC.
Coalition to Oppose Attacks on Recycling In America
FOR IMMEDIATE RELEASE Contact: Bgl Sheehan
January 0g, 2002 GRRN Executive Director
backoround 706-613-7121
Recycling Leader Charges Waste Management Inc.'s
Campaign To Landfill Grass Clippings Is Plot To Hike
Prices
Athens, GA ~ Waste Management Inc.'s campaign to send grass and ~eaves to landfills was branded today
by a leading recycling advocate as ~a thinly disguised plot to hike prices for consumers and businesses
without helping the environment."
"Wa~l Street reports now show us what is really going on," said Bill Sheehan, executive director ol=
Athens-based Grassroots Recycling Network (GRRN). The Company is playing destructive games with
America's proud recycling efforts in order to gouge its customers."
In Peoria, Illinois, Waste Management Inc. (WMI) is pushing for repeal of the state's
11-year old law that bans the landfilling of yard trimmings, also known as 'green waste' because it is so
easy to recycle in composting programs. The garbage company claims it wants to test how grass and
leaves will decompose in the landfill that it operates for the City and County.
But the true motivation, Sheehan pointed out, is in a Wall Street commentary urging the Big Three waste
companies (WMI, AItied Waste and Republic Services) to increase volumes to landfigs in order to restore
"pricing power" which is the euphemism used by financial markets for monopoly pricing·
Version 5.0 Sheehan said that waste industry financial analysts are complaining that the recession has reduced
construction activity along with waste from those sites going to landfills. Complaints by investors have
created pressure to tighten landfill supply by increasing demand·
"What better way to increase waste - and waste revenues -- than by increasing waste disposal volumes?"
Sheehan asked. "Green waste will go up more than 15% when landscape trimmings start going back to
landffiis."
"if Waste Management's trial balloon in Peoria were to succeed," Sheehan observed, "demand for
landfills would increase, pricing power would return to the Big Three (who own most of the large new
landfills) and prices charged to communities and businesses in places ~ike Peoria for basic waste services
would almost certainly soar."
Sheehan pointed out that Waste Management Inc. had jacked up tipping fees by as much as 86% in
selected markets when it thought supply had tightened in the Northeast in 1999.
"If bans on landfill disposal of yard trimmings are repealed, disposal markets wgl tighten in those states,
and prices will jump," Sheehan predicted· "For every 1% increase in charges for waste services, prices will
increase by approximately $303,100 in Peoria County end $19 million in Illinois.
"But the worst par~ of this sordid story," said GRRN's Sheehan, "is that the environment will suffer. When
green waste rots in landfills it contributes to global warming and increases risk to local water quality. When
it is composted in people's back yards or in community oompost centers, it produces a valuable product."
The GrassRoots Recycling Network [www.urrn.or(]) is a North American network of waste reduction activists
and professionals dedicated to achieving sustainable production and consumption based on the principle
of Zero Waste·
~
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING DECISION NOT TO
EXTEND THE AGREEMENT WITH ORGANIC RECYCLING
WEST FOR COMPOSTING SERVICES, AND APPROVING
A FRANCHISE IMPLEMENTATION AGREEMENT WITH
PACIFIC WASTE SERVICES FOR THE USE OF GREEN
WASTE AS ALTERNATIVE DAILY COVER
WHEREAS, on July 13, 1999, upon City's adoption of
Ordinance No. 02792, city and Pacific entered into that
certain Amended and Restated Solid Waste Disposal and
Recycling Franchise Agreement ("Franchise Agreement") ,
effective July 1, 1999, pursuant to which City granted
Pacific the City's solid waste disposal and recycling
franchise on the terms and conditions set forth therein.
WHEREAS, on September 25, 2001, upon city's adoption
of Ordinance No.2844, city and Pacific entered into that
certain First Amendment to Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement ("First
Amendment"), pursuant to which City and Pacific implemented
the Variable Rate Structure for collection and disposal of
solid waste and recyclables contemplated by Section 7.3.3 of
the Franchise Agreement.
WHEREAS, the Franchise Agreement, as amended by the
First Amendment, is referred to hereinafter as the
"Franchise" . Except as otherwise expressly provided herein,
all capitalized terms used herein shall have the meanings
ascribed thereto in the Franchise.
WHEREAS, Sect ion 8.5.2 of the Franchise provides for
the delivery of Green Waste to ORW for processing into
compost under a contract with the city. In the event City
chooses not to extend its contract with ORW, Pacific has the
opportunity to incorporate the Green Waste program into its
own operations. The city has chosen not to extend the ORW
contract.
WHEREAS, Pacific has proposed to use Green Waste
collected within the city as Alternative Daily Cover ("ADC")
at the Otay Landfill. Because Pacific's proposal has the
potential to assist the City in meeting it's AB 939 diversion
obligations, and to provide other benefits under the
Franchise, City is willing to allow this alternative
implementation of Section 8.5.2, and the revision of its
I'Ø;
Green Waste program,
herein.
on the terms and conditions set forth
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the city of Chula vista does hereby approve decision not
to extend the Agreement with Organic Recycling West for
Composting Services.
BE IT FURTHER RESOLVED that a Franchise Implementation
Agreement with Pacific Waste Services is hereby approved for
the use of Green Waste as Alternative Daily Cover, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the city Manager of the
City of Chula vista is hereby authorized to execute said
Agreement for and on behalf of the city of Chula Vista.
Presented by
Approved as to form by
nattomeylresolFranchise Implementation ADC
Michael Meacham
Special Operations Manager
/3*'11
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
For Solid Waste Disposal and Recycling Franchise
Implementation Agreement with Pacific Waste Services
jS-,/5
SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
IMPLEMENT A TION AGREEMENT
[GREEN WASTE]
This SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
IMPLEMENTATION AGREEMENT [GREEN WASTE] ("Agreement") is entered into
effective as of April 23, 2002 ("Effective Date") by and between the CITY OF CHULA
VISTA, a chartered municipal corporation of the State of California ("City"), and
ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, dba PACIFIC
WASTE SERVICES ("Pacific"), with reference to the following facts:
A.
B.
On July 13,1999, upon City's adoption of Ordinance No. 02792, City and
Pacific entered into that certain Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement ("Franchise Agreement"),
effective July I, 1999, pursuant to which City granted Pacific the City's
solid waste disposal and recycling franchise on the terms and conditions
set forth therein.
On September 25,2001, upon City's adoption of Ordinance No.2844, City
and Pacific entered into that certain First Amendment to Amended and
Restated Solid Waste Disposal and Recycling Franchise Agreement ("First
Amendment"), pursuant to which City and Pacific implemented the
Variable Rate Structure for collection and disposal of solid waste and
recyclables contemplated by Section 7.3.3 of the Franchise Agreement.
C.
The Franchise Agreement, as amended by the First Amendment, is
referred to hereinafter as the "Franchise". Except as otherwise expressly
provided herein, all capitalized terms used herein shall have the meanings
ascribed thereto in the Franchise.
D.
Section 8.5.2 of the Franchise provides for the delivery of Green Waste to
ORW for processing into compost under a contract with the City. In the
event City chooses not to extend its contract with ORW, Pacific has the
opportunity to incorporate the Green Waste program into its own
operations. The City has chosen not to extend the ORW contract.
E.
Pacific has proposed to use Green Waste collected within the City as
Alternative Daily Cover ("ADC") at the Otay Landfill. Because Pacific's
proposal has the potential to assist the City in meeting it's AB 939
diversion obligations, and to provide other benefits under the Franchise,
City is willing to allow this alternative implementation of Section 8.5.2,
and the revision of its Green Waste program, on the terms and conditions
set forth herein.
J9-' / ~
NOW, THEREFORE, in consideration of the above recitals, the covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which the parties hereby acknowledge, City and Pacific hereby agree as follows:
1.
Delivery of Green Waste to the Otay Landfill and use as ADC.
Pacific shall deliver Green Waste collected under the Franchise to the Otay Landfill, and
cause it to be used as ADC at the Otay Landfill, throughout the term of the Franchise, for
so long as such delivery and use qualifies, pound for pound, [as waste stream diversion
under the California Integrated Waste Management Act of 1989] or any equivalent
Applicable Law ("Diversion Laws"). In the event of a Change of Law within or affecting
the Diversion Laws that requires a different ADC process, or eliminates ADC as a
qualified waste stream diversion, subject to City's prior written approval, Pacific shall
modify its ADC process to comply with such Change of Law, or process Green Waste in
a manner that does qualify for waste stream diversion, as the Change of Law requires.
Pacific shall provide the Green Waste service and ADC processing contemplated hereby
within the existing General Service Rates structure under the Franchise, subject to any
and all allowed Rates increases and limitations set forth therein.
2.
Additional City Benefits.
In consideration for City's approval of the Green Waste ADC program, Pacific agrees as
follows:
a. Tree Trimming Exemption. Pacific will cause the acceptance at the Otay
Landfill of Green Waste, including, without limitation, palm fronds and
clean lumber, delivered by City crews and City contractors working on
City projects, free of charge. This Green Waste will not be counted as part
of the City's free disposal tonnage at the Otay Landfill under Section 4.4.1
of the Franchise.
b. Clean Dirt/Fill Exemption. Pacific will cause the acceptance at the Otay .......<Pr
Landfill of clean dirt and fill delivered by City crews :<IRQ (:it) 65nt.à¿tðIJ J I ,...
generated as a result of maintenance of City property or installation of
City infrastructure, free of charge. This clean dirt and fill will not be
counted as part of the City's free disposal tonnage at the Otay Landfill
under Section 4.4.1 of the Franchise. For purposes of this Section "clean"
dirt or fill shall be dirt or fill that is free of asphalt, concrete, trash, pipe,
petroleum and chemicals that are typically not found in excavation of
undisturbed ground; provided, however that processed rock products such
as aggregate base, aggregate sub-base, decomposed granite, and similar
materials, shall be allowed.
c. Free Material For Chula Vista Residents. Pacific will arrange for at least
three advertised events per calendar year for Chula Vista residents to
2
/3- /1
obtain, free of charge, chipped green waste, "mulch" or, at Pacific's
discretion, compost. Such events shall be held at the Otay Landfill, or at
another convenient site approved by City within the City.
d. Cooperation with Future Composting Opportunities. Pacific agrees to
meet and confer with the City from time to time, as City may reasonably
request, to explore alternatives to the Green Waste ADC program that
would maximize Green Waste diversion during and beyond the operation
of the Otay Landfill and would result in the creation of a value added
product (e.g., compost).
3.
Interrelationship Between this Agreement and the Franchise.
This Agreement sets forth the terms and conditions of the City's Green Waste
program, and implements the relevant provisions of Section 8.5.2 of the Franchise.
This Agreement shall be attached to the Franchise and shall be incorporated therein.
A default by Pacific in its obligations under this Agreement shall also be considered a
default under the Franchise. To the extent of any conflict between Section 8.5.2 of
the Franchise and this Agreement, the terms of this Agreement shall govern.
[NEXT PAGE IS SIGNATURE PAGE]
3
/3-' I ~
SIGNATURE PAGE TO
SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
IMPLEMENTATION AGREEMENT
[GREEN WASTE]
IN WITNESS WHEREOF, City and Pacific have entered into this Agreement as
of the Effective Date.
CITY:
PACIFIC:
City of Chula Vista
Allied Waste North America, Inc.,
a Delaware corporation, dba
Pacific Waste Services
David D. Rowlands, Jr.
City Manager
Attest:
City Clerk
Approved as to form by
City Attorney
BY SIGNING BELOW OTAY LANDFILL, INe. ACKNOWLEDGES AND
AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT AS THEY RELATE TO THE OTAY LANDFILL OR OTHER
ACTIVITIES OR PROPERTIES WITHIN ITS CONTROL AND TO COOPERATE
WITH PACIFIC TO FACILITATE PACIFIC'S PERFORMANCE OF ITS
OBLIGATIONS HEREUNDER
By:
Its: ~~ ~~.
J\AttomeylAgree\grmn waste agreement
4
/3-/1
Additiona 1 INfonaation
for Item 13
April 19,2002
Mr. Michael Meacham
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re:
ADC Capacity
Dear Michael:
Recently, several questions have come up that question the company's ability to properly
manage all green waste generated in the City of Chula Vista. Pacific Waste wishes to
assure the City that the Otay Landfill has sufficient capacity to guarantee Alternate Daily
Cover ("ADC") credit for all green waste material generated in the City during the term
of the agreement.
ADC use is allowed under California law and properly credits the City .with 100%
diversion. Currently, Otay accepts green waste and utilizes the processed material as
ADC. Otay receives 100 tons per day ("tpd") of green waste and over 4,000 tpd of trash.
Typical green waste usage for ADC is 15% of the trash intake or 600 tpd. Thus, Otay is
utilizing only 17% of the ADC capacity at current volumes. Even if the City were to
increase it's annual tonnage to 75,000, Otay will have sufficient capacity to manage it as
ADC.
While other cities in San Diego County utilize Otay for their green waste management,
Otay will commit to Chula Vista that the City will have first priority use of the site for
it's green waste management during the term of our agreement.
As you know, special interest groups continue to pressure lawmakers to change the law
relative to ADC use for green waste. When the law was first enacted, the state
understood that replacing soil with processed green waste as daily cover not only saved
valuable natural soil, but greatly reduced truck traffic and associated environmental
impacts at sites that need to import soil each day. Further, green waste has been found to
promote better decomposition and stabilization in landfills than traditional use of soil.
Pacific Waste will take full responsibility to make sure that Chula Vista continues to
receive diversion credit on all green waste generated in the City. Otay is uniquely
situated to assist the City in this way for the entire duration of the agree~ent.
8364 CLAIREMONT MESA BLVD.. SAN DIEGO, CALIFORNIA 92111 . (858) 278-6061 . FAX (858) 278-7528 @
Equal Opportunity Employer M/F/DIV
ADC Capacity
April 19,2002
Page 2
If you have any further questions, please feel fÌ'ee to contact us immediately.
Sincerely,
P~ifi, w:W
~"" .
~¿~~ager
CC:
Neil Mohr - Otay Landfill
- v"Tfc,IMMONc,
== "1\860CJATE6
ATTORNEYS AT LAW
1450 hazec Road, Su;'e 215, San Œego, CA 92108
1111 E. Tahqu;tz Canyon Way, Su;,c Ul, Palm Springs, CA 92262
E-ma;¡, officc@fttzandas<oc.com
(619) 235-6941
(760) 322-6941
Fax, (619) 238-8033
April 23, 2002
City Clerk
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA
RE: PUBLIC HEARING/PALOMAR STREET IMPROVEMENT PROJECT
San Diego APN 618-200-01 and -02
Dear Clerk:
Please be advised that this law office represents the long-term lessees of the above-referenced
property, who are the operators ofBrentwood Mobilehome Park. Our office and clients were invited
to participate in this hearing by the City's Acquisition Agent, Mr. Richard A. Ryals.
As notice of this project was only recently received by the park operators, they have not yet had an
opportunity to assess its impact on park operations and over 250 rental spaces, nor have they received a
copy of the Environmental Impact Report. The park operators hereby reserve their right to seek reasonable
compensationfi'om the City ofChula Vista, including without limitation under Code a/Civil Procedure,
sections 1263.510 and 1263.520.
Thank you for your attention to this matter.
.~
Steve Modafferi, Esq.
Attorney at Law
cc: Park Management, Mr. Ryals