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Agenda Packet 2002/06/04
CITY COUNCIL AGENDA June 4, 2002 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CIIY OF CHULA 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 June 4, 2002 4:00 P.M. CALL TO ORDER ROLL CALL: Couneilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY JOHN LIPPITT, DIRECTOR OF PUBLIC WORKS, OF THE EMPLOYEE OF THE MONTH, LOMBARDO DETRINIDAD, CML ENGINEER/PROJECTS MANAGER IN THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS · PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO CHRIS SALOMONE, DIRECTOR OF COMMUNITY DEVELOPMENT, PROCLAIMING THE WEEK OF JUNE 3, 2002 AS NATIONAL HOMEOWNERSHIP WEEK · PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO CITY ATTORNEY KAHENY, PROCLAIMING THE WEEK OF JUNE 9, 2002 AS MUNICIPAL ATTORNEY'S WEEK · PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO BEVERLY ROUSCH, PRESIDENT, CHULA VISTA SENIOR CITIZEN'S CLUB, RECOGNIZING THE CHULA VISTA SENIOR CITIZEN'S CLUB FOR THEIR FINANCIAL AND VOLUNTEER CONTRIBUTIONS TO THE NORMAN PARK CENTER · PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO LI XI, CHINESE STUDENT TEACHER AT HILLTOP HIGH SCHOOL · PRESENTATION BY JACK BLAKELY, EXECUTIVE DIRECTOR OF THE DOWNTOWN BUSINESS ASSOCIATION AND DAN BIGGS, WEB CONSULTANT, DEMONSTRATING THE DOWNTOW3x[ BUSINESS ASSOCIATION'S NEW INTERNET WEB SITE · PRESENTATION BY CHUCK COLE OF ADVOCATION, INC. REGARDING THE STATE BUDGET OUTLOOK 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 Councilmernber, 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 after Action Items. Items pulled by the public will be the first items of business. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A PURCHASING AGREEMENT FOR TREE TRIMMING SERVICES FOR FISCAL YEAR 2001/2002 TO AZTEC LANDSCAPING INC., IN THE AMOUNT OF $200,000 On April 4, 2002, the bids for tree trimming services were opened, and six bids were received. Considering the low bidder for each item, three different vendors submitted low bids. However, staff recommends that only one bidder, Aztec Landscaping Inc., be awarded the contract. (Director of Public Works) Staff recommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS FOR FISCAL YEAR 2002/2003 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On May 14, 2002, the City Council approved Community Development Block Grant (CDBG) flmds in the amount of $308,484 for thirteen public service programs; $265,079 for three community project programs; $186,961 for five economic development programs; $297,600 for two non-profit capital improvement projects; $940,816 for four city capital improvement projects; and $417,000 for administration and planning/coordination activities. The U.S. Department of Housing and Urban Development requires a written agreement between the City and each sub-recipient receiving CDBG and HOME funds. (Director of Community Development) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VAN DYKE, L.L.P., LANDSCAPE ARCHITECTS FOR LANDSCAPE ARCHITECTURAL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT City Council approved a contract with Van Dyke, LLP for landscape architectural services on December 11, 2001. Adoption of the resolution approves an amendment to that contract to include the provision for a topographic survey by RBF Consulting. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, AWARDING THE SPORTS VENUE LIGHTING SYSTEM CONTRACT FOR $82,640 TO MUSCO LIGHTING, LLC, FOR PRODUCT, INSTALLATION, AND MAINTENANCE OF LIGHTING SYSTEM FOR ROHR PARK SPORTS FIELDS, AND APPROPRIATING $91,164.74 TO FUND CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-181, BASED ON UNANTICIPATED REVENUE RECEIVED FROM SPRINT/PCS FOR THE PURPOSE OF LEASING LAND AT ROHR PARK FOR INSTALLATION OF A COMMUNICATIONS ANTENNA (4/STHS VOTE REQUIRED) Page 2 - Council Agenda 06/04/02 In an effort to secure the best possible vendor for this project, staff created a sports venue specification/requirement for the specific needs Of the ball field at Rohr Park. Musco Lighting Systems, a supplier of sports venue lighting systems to municipalities and school districts, was the only supplier who responded to all of the City's specific requirements. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 IN GRANT FUNDS; APPROVING THE ASSOCIATED AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE REMODELING OF THE CURRENT BIOSCANNER EXHIBIT AT THE CHULA VISTA NATURE CENTER; AMENDING THE FISCAL YEAR 2002 BUDGET BY APPROPRIATING $10,000 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. GG-175, BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (4/STHS VOTE REQUIRED) The County of San Diego, in an effort to assist the City and the Nature Center in making improvements to exhibits, has made funds available for the remodeling of the Nature Center's current Bioscanner exhibit. (Nature Center Director) Staffrecommendation: Council 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; RBF CONSULTING (CONSULTANT); AND MCMILLIN OTAY RANCH, LLC (APPLICANT), FOR MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In compliance with State Law, a Mitigation Monitoring and Reporting Program has been adopted by the City Council for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. State Law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. Adoption of the resolution approves the proposed contract with RBF Consulting for a total of $43,190, to provide consulting services as the Environmental Monitor Specialist for the Village Six SPA Plan EIR 98-01 (McMillin/Catholic Diocese ownership) for a period of five years. RBF Consulting will have contracts with a combined total exceeding $50,000 within the upcoming 12 months; therefore, Council approval is 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 A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; RBF CONSULTING (CONSULTANT); AND OTAY PROJECT L.P. (APPLICANT), FOR MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Agenda 06/04/02 In compliance with State Law, a Mitigation Monitoring and Reporting Program has been adopted by the City Council for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. State Law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. Adoption of the resolution approves the proposed contract with RBF Consulting for a total of $42,050 to provide consulting services as the Environmental Monitor Specialist for the Village Six SPA Plan EIR 98-01 (Otay Ranch Company Ownership) for a period of five years. RBF Consulting will have contracts with a combined total exceeding $50,000 within the upcoming 12 months; therefore, Council approval is necessary. (Director of Planning and Building) Staffrecommendation: 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. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fi[l out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF ACQUISITION OF RIGHTS-OF-WAY ON PORTIONS OF CERTAIN PROPERTIES FOR CONSTRUCTION OF PHASE III OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR PROJECT (SW-219) Council certified an Environmental Impact Report on July 17, 2001. It included an analysis of four possible alignments for the construction of phase III of the Salt Creek Gravity Sewer Interceptor. Adoption of the resolutions approves the acquisition of certain rights-of-way and approves the proposed project alignment for the sewer interceptor. The effected property ownem have been sent offer documents, offering to purchase the properties, subject to Council approval. Negotiations to purchase the needed fights-of-way will continue in the hope that settlement will be reached with the owners without having to obtain a final order of condernnation from the court. Council is requested at this time to initiate eminent domain proceedings for the subject properties in the event that negotiations with the property owners ultimately prove to be unsuccessful, and to ensure that timely possession can be secured to meet construction timelines. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt thc following resolutions: Page 4 - Council Agenda 06/04/02 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHTS-OF-WAY ON PORTIONS OF ASSESSOR PARCEL NUMBERS 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644- 060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, AND 644-090-03, FOR CONSTRUCTION OF PHASE III 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 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING POLICY OPTION 3 AS THE PROJECT ALIGNMENT FOR THE CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER iNTERCEPTOR BOARD AND COMMISSION RECOMMENDATIONS 9. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING SUBMITTAL TO THE SAN DIEGO PORT DISTRICT FOR FiNAL APPROVAL AND FUNDING OF TWO PUBLIC ART PIECES, "IN-DEPENDENCE" AND "FEATHERW1ND", FOR PLACEMENT ON THE CHULA VISTA BAY'FRONT In December 2001, the City Council accepted a report from the Cultural Arts Commission outlining a selection process for a piece of monumental public art to be placed on the Clmla Vista Bayfront, under the Port of San Diego's Public Art Program. The Public Art Committee (a task force of the Commission) completed this selection process on May 7, 2002, and received approval from the Cultural Arts Commission at their meeting on May 13, 2002. After Council approval, the recommendation will be submitted to the San Diego Port District Public Art Committee and the Board of Port Commissioners. The selected artists shall enter into the Port's standard contract for public art and the project will be under Port supervision. (Cultural Arts Commission/Deputy City Manager Palmer) Commission recommendation: Council approve the two choices selected by the Public Art Task Force. Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL TO THE SAN DIEGO PORT DISTRICT FOR F1NAL APPROVAL AND FUNDiNG OF TWO PUBLIC ART PIECES, "IN- DEPENDENCE" AND "FEATHERWIND", FOR PLACEMENT ON THE CHULA VISTA BAYFRONT ITEMS PULLED FROM THE CONSENT CALENDAR Page 5 - Council Agenda 06/04/02 OTHER BUSINESS 10. CITY MANAGER'S REPORTS A. Scheduling of meetings. 11. MAYOR'S REPORTS 12. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 13. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Salt Creek Sewer parcel numbers 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11,646-010-03, 644-080-09, 644-090-04, 644-060- 06, and 644-090-03 Negotiating Parties: City of Chula Vista (Lnida Bartz, Rick Ryals); Stephen and Mary Birch Foundation, Inc., a Delaware Corporation; Otay Land Company, LLC, a Delaware Limited Liability Company; United Enterprises, LTD, a California Limited Liability Partnership; Jewels of Charity, Inc., a New Jersey Corporation. Under Negotiation: Price and terms for acquisition. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · Two cases ADJOURNMENT to an Adjoumed Regular Meeting on June 6, 2002 at 4:00 p.m. in the Council Conference Room, thence to an Adjourned Regular Meeting on June 10, 2002 at 4:00 p.m. in the Council Conference Room, thence to the Regular Meeting of June 11, 2002, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on June 12, 2002 at 4:00 p.m. in the Council Conference Room. Page 6 - Council Agenda 06/04/02 COUNCIL AGENDA STATEMENT Item [ Meeting Date 6/04/02 1TEM TITLE: Resolution Accepting bids and awarding a Purchasing Agreement for tree trimming services for FY 2001-2002 to Aztec Landscaping Inc. in the amount of $200,000 SUBMITTED BY: Director of Public Work~ /~ Assistant City Manager REVIEWED BY: City Manager ~f~ 9(v (4/$ Vote: Yes No X ) On March 15, 2002, an advertisement was placed in the Chula Vista Star News soliciting bids for tree trimming services. Ten (10) potential bidders were contacted. One local contractor was contacted but did not submit a bid. On April 4, 2002, the bids for tree trimming services were opened and six bids were received. Considering the low bidder for each item, three different vendors submitted low bids. However, staff recommends that only one bidder, Aztec Landscaping Inc., be awarded the contract. RECOMMENDATION: That Council approve the resolution accepting bids and awarding a Purchasing Agreement for tree trimming services for FY 2001-2002 to Aztec Landscaping Inc. in the amount of $200,000. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Bids were received from the six contractors listed in Table 1 below. The Purchasing Agent bid the contract so that the contract could be awarded by item, groups of items, or as a lot, whichever was in the best interest of the City. Each bid was evaluated to determine which contractor was the lowest bidder. The following table lists the total contract amount bid by each of the bidders for all of the separate items. Table 1 Summary of Contractor Bids NO. CONTRACTOR BID AMOUNT 1. Arias Environmental Services $428,871.00 2. Aztec Landscaping Inc. $186,967.20 3. New Way Landscape $265,594.20 4. Tree Co. Arborist $251,695.69 5. Urban Tree Care $233,566.00 6. West Coast Arborist $345,469.00 Page 2, Item Meeting Date 6/04/02 Atter considering terms, Aztec Landscaping represents the lowest bidder in seven (7) out of nine (9) items. The two (2) items for which they were not the lowest bid, Small Eucalyptus and Phoenix Dactylifera, represents a combined total savings of only $2,820.50. However, the City Arborist, who will oversee the performance of this contract, recommends that all nine (9) bid items be awarded to Aztec Landscaping. This is primarily because the streets and parks within the scope of this contract are forested intermittently with all three sizes of Eucalyptus as well as both species of Phoenix palms. Multiple contractors working on like items within the same areas ora park will necessitate multiple entries, which would require unnecessary repeated coordination with the Park Maintenance Section to insure that irrigation is turned off well in advance. Multiple entries will also increase the inconvenience to the patrons of the park, the likelihood of damage to the irrigation systems and turf, and the normal maintenance cycle of the park. Many of the streets within the scope of this contract are lined with both Palms and Woody Trees. The monetary savings of less than $3,000 is not reasonably comparable to the inconvenience to residents who will have to find alternative parking and endure loud noise and airborne dirt and debris from three separate contractors, rather than one. When intermittently forested like items are grouped together, as has been the practice of Public Works when savings are not substantial, Aztec Landscaping, Inc. represents the lowest bidder. Table 2 below summarizes Aztec Landscaping's total bid of $158,922.12: Table 2 Summary of Aztec Landscaping's Bid BID BID ITEM DESCRIPTION AMOUNT 1. Queen palms $ 11,668.80 2. Fan Palms $ 17,544.00 3. Phoenix Dactylifera $ 4,207.50 4. Phoenix Canariensis $ 14,280.00 5. Broadleaf Trees $ 57,706.50 6. Large Eucalyptus $ 5,780.00 7. Medium Eucalyptus $ 15,300.00 8. Small Eucalyptus $ 8,245.00 9. Pine Trees $ 24,190.32 CONTRACT TOTAL $158~922.12 The bids for the number of trees included in the bid documents came in lower than expected and below the budgeted amount of $200,000. The contract allows for additional work to be included at Page 3, Item I Meeting Date 6/04/02 the bid prices. Staffintends to add additional trees to the contract to use the amount budgeted. The exact type and number of trees added will be determined after the original items bid on are complete and the amount of funds remaining is accurately known (staffneeds to be sure that all of the prompt payment savings are realized). ENVIRONMENTAL STATUS The City's Enviromental Review Coordinator has determined that this project is categorically exempt under Class 1 Section 15301 9h, "Maintenance of Existing Landscaping". FISCAL IMPACT: The total cost for ~ree trimming services is $158,922.12. A total $200,000 is available in the Public Works Operations' Budget for tree trimming services. File No. 0940-20-AI G:XBobXA 113 Tree Trimming Contraot 02.doc RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A PURCHASING AGREEMENT FOR TREE TRIMMING SERVICES FOR FISCAL YEAR 2001-2002 TO AZTEC LANDSCAPING IN THE AMOUNT OF $200,000 WHEREAS, on March 15, received six sealed bids for tree Chula vista for FY 2001-2002; and 2002, the Purchasing Agent trimming services in the City of WHEREAS, Aztec Landscaping was the lowest bidder in seven out of nine items put out to bid; and WHEREAS, the City reserved the right to rej ect any or all bids received; and to award the bid as a lot, by item, or by groups of items; and WHEREAS, staff has evaluated the bids and recommended one vendor be awarded a purchase agreement to perform all of the specified tree trimming services; and WHEREAS, the City's Environmental Review Coordinator has determined that this proj ect is categorically exempt under Class 1 Section 15301(h) "Maintenance of Existing Landscaping". NOW, THEREFORE, BE IT RESOLVED that the City the city of Chula Vista does hereby accept the six bids a Purchasing Agreement to Aztec Landscaping in the $200,000. Council of and awards amount of BE IT FURTHER RESOLVED hereby authorized and directed Agreement for and on behalf of the that the Purchasing Agent is to execute said Purchasing City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works Þ~ì.l~ John M. Kaheny City Attorney ""It- J:\attorney\reso\tree trimming /-if CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 06/04/02 ITEM TITLE: RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2002-03 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~.~,~ /% REVIEWED BY: CITY MANAGE .1~ ~/ 4/STNS VOTE: YES NO BACKGROUND On May 14, 2002, the City Council approved CDBG funds in the amount of $308,484 for thirteen public service programs; $265,079 for three community project programs; $186,961 for five economic development programs; $297,600 for two non-profit capital improvement projects; $940,816 for six city capital improvement proiects; and $417,000 for administration and planning/coordination activities. The U.S. Department of Housing and Urban Development (HUD) requires a written agreement between the City and each sub-recipient receiving CDBG and HOME funds. Incorporated within the public services category were discretionary funds in the amount of $4,266 to be used by Council to fund additional programs or award a higher level of funding. Since these funds were not allocated at the May 14, 2002 meeting, it is staff's recommendation to allocate those funds to two organizations in need of increased funding. It is recommended that the Chula Vista Veterans Home Support Foundation receive on additional $1,500 for a total CDBG allocation of $3,500 and the remaining $2,766 be allocated to the Senior Collaborative for a total CDBG allocation of $52,766. Additionally, Council recommended funding the Sweetwater Union High School District's Blurb Magazine for $I,000. Funding for that program will be budgeted under the Administration and Planning category of the CDBG budget. RECOMMENDATION That the City Council adopt the resolution approving the Community Development Block Grant (CDBG) agreements for fiscal year 2002-03 between the City of Chula Vista and various community groups and authorizing the Mayor to execute said agreements. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. PAGE 2, ITEM NO.: ~ MEETING DATE: 06/04/02 DISCUSSION The agreements between the City and the sub-grantees cover the period from July 1, 2002 to June 30, 2003. Each agreement has several exhibits attached which are incorporated into the agreements. A sample Agreement and the exhibits are attached as follows: Exhibit A The Statement of Work and Performance Schedule describes the services the agency will be providing and the estimated number of people who will be provided each of these services each month. The performance schedule will be used to monitor each agency's progress in completing the scope of work. Exhibit B The Itemized Budget shows exactly how the agency intends to expend the CDBG funds. This itemized budget will be used to monitor expenditures through the year. Exhibit C The HUD Income Limits for the San Diego Standard Metropolitan Statistical Area will be used to determine the number of Iow-income households/persons served. Each program is required to serve a minimum of 51 percent Iow-income households/persons. The agreements are with the following organizations for the purpose and amount stated: PUBLIC SERVICES Chula Vista Youth Services Network $121,000 Sharp HealthCare Foundation 20,000 South Bay Senior Collaborative 52,766 Lutheran Social Services Project Hand 9,000 Chub Vista Family Violence 36,522 Thursdays Meal 6,800 Therapeutics Program 14,000 Chub Vista Literacy Team 9,000 Dress For Success 9,000 INFORM Chub Vista 14,162 Southwestern College - Career Center 12,000 Veterans Home Support Foundation 3,500 Southwest Center for Asian Pacific American Law 5,000 TOTAL $312,750 COMMUNITY PROJECTS Lutheran Social Services - Caring Neighbor $29,000 Community Preservation Program 50,000 SBCS - Community Development Program 55,500 TOTAL $134,500 PAGE 3, ITEM NO.: ~; MEETING DATE: 06/04/02 ECONOMIC DEVELOPMENT 5oufh County Economic Development Council $13,833 SBCS - Teen Center 22,650 Development Fee Reduction Program 100,000 Southwestern College - Contracting Opportunities Center 10,751 Southwestern College- International Trade Center 10,000 TOTAL $157,234 NON-PROFIT CAPITAL IMPROVEMENT PROGRAM Boys & Girls Club of Chula Vista - Restroom Renovation $62,700 Chula Vista American Little League 60,000 TOTAL $122,700 CITY CAPITAL IMPROVEMENT PROGRAM CMP Pipe Rehabilitation $232,135 North Broadway Basin Construction 150,000 Drainage - Oxford, First to Second 210,000 Playground Equipment 43,500 ADA Curb Cuts Annual Program 50,000 E Street Beautification 255,181 TOTAL $940,816 ADMINISTRATION AND PLANNING South Bay Family YMCA - Human Services Council $23,940 Regional Task Force on the Homeless 1,000 Child Care Coordinator 46,200 Fair Housing Council of San Diego 39,000 Otay Center Art Wall - Design Phase 3,000 City Staff Administration 303,860 TOTAL $417,000 FISCAL IMPACT These contracts, totaring $2,085,000, will be funded out of the City's 2002-03 CDBG entitlement. In the remote event that HUD should withdraw the City'.s CDBG funding, the agreements provide that the City is not obligated to compensate the sub-grantees for program expenditures. ATTACHMENTS Attachment A: Sample CDBG Agreement with Exhibits J:\COMMDEV~STAFF.REP\06-04-02\2002-03 CDBG Agreements.doc A'I-I'ACHM ENT A AGREEM]gNT SETTING OUT TERMS AND OBLIGATIONS OF SOUTHWESTERN COMMUNITY COLLEGE DISTRICT IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this June 19, 2001, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Southwestern Community College District (Contracting Opportunities Center), a non-profit organization ("Grantee"), and is made with reference to the following facts: RECITALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate- income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with the Department of Housing and Urban Development (HUD) for the City's annual CDBG entitlement. WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement funds on April 3, 2001, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee; and, WHEREAS, HUD requires the execution of a written agreement setting the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that it is experienced and staffed in a manner such that it can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Agreement. The term of this Agreement shall be for a period of one (1) year, from July 1, 2001 through June 30, 2002. 2. Statement of Work Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporhted herein. These services shall be provided during the term of this Agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Requirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 51% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. I 4. Compensation and Budget. In consideration for Grantee's performance of the work described in Section 2 hereof and on the condition the City receives sufficient CDBG funds and appropriates them for the purposes provided for in this Agreement, the City shall reimburse Grantee up to a maximum of $10,751 (Ten Thousand Seven Hundred Fifty One Dollars), payable as set forth in Section 5 below. An itemized budget for said reimbursable expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference and includes itemized budgets for all organizations participating in the collaborative. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments, in arrears, as determined by the Grantee as set forth in Exhibit B, following receipt of the "CDBG Expense Reimbursement Claim Form" from the Grantee. Expenses itemized on the "Expense Reimbursement Claim Form" shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach photocopies of all source documentation, such as receipts, bills, time sheets, etc. and shall provide reasonable proof of actual expenses incurred. Reimbursement Claim Forms will not be processed unless accompanied by the required documentation. Spreadsheet formats are not acceptable. The Grantee understands and accepts that in the event that HUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate said Grantee for its expenditures. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: [al the total number of persons/households served; [b] the number of persons/households receiving each type of service provided; [c] of the persons/households served, the number of residents and non- residents of Chula Vista; [d] annual gross household income by standard categories, adjusted for family size (low, moderate, other); Ici race or etimicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); [f] number of female-headed households served; [g] narrative of contract objectives (in Agreement) comparing current objectives vs. original objectives in Agreement. Provide explanation if not meeting original objectives. 7. Assignment. Because of its unique qualifications, City is looking solely to Grantee to perform the work designated in this Agreement. The performance of this Agreement may not, by sub- agreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this Agreement. The City, at its discretion, may require the Grantee to 2 provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Program Requirements. The Grantee shall carry out each activity specified under this Agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Program Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this Agreement. All provisions of this Agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this Agreemer~t expires, or is received after expiration of this Agreement, then said program income shall be paid to the City. 14. Conditions for Religious Organizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.2000) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 15. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbying of Federal Officials. The Grantee shall not use any funds provided under this Agreement to pay any person for influencing or attempting to influence an officer 6r employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and/or the extension, continuation, renewal, amendment, or modification of any Federal cona-act, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3 17. Insurance. Grantee represents that it, and its agents and staff employed by it, are protected by worker's compensation insurance and has coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to commencement of the services required under this Agreement, the following certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employer's liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as 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 Ccross-liability coverage"). The insurance shall be issued by an admitted carrier with a Best's rating of A-V or better, except as otherwise approved by the City at its sole discretion. 18. Hold Harmless. The City shall defend, indemnify, and hold the Grantee harmless from and against any and all liability, loss, expense, attorney's fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents or employees. The Grantee shall defend, indemnify, and hold the City harmless from and against any and all liability, loss, expense, attorney's fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Grantee, its officers, agents or employees. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. Agreement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 21. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 22. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. 4 23. Entire A~reement. This Agreement represents the entire agreement between the parties and supersedes any previous or contemporaneous written or oral agreements. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this 19t" day of June 2001. CITY OF CHULA VISTA Shirley Horton ff Mayor, City of Chula Vista APPROVED AS TO FORM John K/at~eny ~ City~ttorney AITEST City Clerk SOUTHWESTERN COMMJdNITY COLLEGE DISTRICT Roserna~ Sullivan Zips Vice President for Institutional Advancement for Seraf±n A. Zasueta, Ph.D. Superintendent/President Approved As To Form: Marcie E, Sinclair Originator: · Vice President For Human Resources gCO~m}c & Legal Affairs Date: ~, ~G~ ~ I 0 5 CDBG 2001-2002 Exhibit A STATEMENT OF WORK PERFORMANCE The Community Development Block Grant (CDBG) funds will be used to provide government procurement and contracting technical assistance and related services to small and emerging businesses in the Chula Vista community. A Senior Procurement Specialist will be assigned to meet one-on-one with small business owners and assist them with required certifications and registrations necessary to meet federal (including Department of Defense), state and local agency requirements. Small businesses will also have access to group training opportunities, electronic bid matching services and plan room services. The objective will be to bring government procurement and contracting opportunities to local businesses so that they will win government awards and create or retain jobs. CDBG 200 !-2002 Exhibit B Community Development Block Grant Itemized Budget 2001-2002 Salaries $ 8,570 Benefits $1,321 Indirect (8%) $ 860 TOTAL $10,751 2- EXHIBIT C EXHIBIT D THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of cedain ownership interests, payments, or campaign conbibutions, on all matters which will require discretionary aclJon on the part of the City Council, Planding Commission, and all other official bodies. The following formation must be disclosed. 1. List the names of all persons having a financial interest in the contract, i.e. contractor, subcontractor, material supplier. ~/A 2. If any person identified pursuant to (1.)above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any p~son identified pursuant to (1) above is non-profit organization or a ~st, list the names of any person servin9 as director of the non-profit organization or as trustee or beneficiary or t]'ustor of the trust. DR. JEAzN ROESCH DAVID J. AGOSTO NANCY_ FgYL CAHY MARIA NEVES-PERMAN TERRI V_~LL.~DOLID 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Commi~ees and Council within the past b~elve months? YES__ NO ~_X_ If YES, please indicate person(s): Please identifl/each and e e~y person including a y agents employees consultants o independent contractors who ycu have assigned to represent you before the City in this matter. MARY WYLIE 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election pedod? YES NO × If yes, state which Councilmember(s): (NOTE: Attach additbnal pages as necassary) Signatur~'of contractorlappiicant Rosemary Sullivan Zins Pnntorrypenameotcomractor/appl~cant Vice President for Institutional Advancement for Serafin A. Zasueta, Ph.D. Superintendent/President COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2002-03 BElWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the City participates in the Community Development Block Grant and HOME Investment Partnership (HOME) programs, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on March 5, 2002 to review and receive public comment on the draft Consolidated Annual Plan for fiscal year 2002-03; and WHEREAS, on May 14, 2002 the City Council of the City of Chula Vista approved the CDBG and HOME program budgets for fiscal year 2002-03; and WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the sub-grantees; and WHEREAS, the sub-grantees warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the Grantor within the timeframe herein provided all in accordance with the terms and conditions of this Agreement; and WHEREAS, in the event that HUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate the sub-grantees for program expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the following CDBG agreements and authorize the Mayor of the City of Chula Vista to execute said agreements for the purpose and amount stated on behalf of the City of Chula Vista. PUBLIC SERVICES Chula Vista Youth Services Network Sharp HealthCare Foundation South Bay Senior Collaborative Lutheran Social Services - Project Hand Chula Vista Family Violence Thursdays Meal Therapeutics Program Chula Vista Literacy Team Dress for Success INFORM Chula Vista SWC South County Career Center Veterans Home Support Foundation SW Center for Asian American Law $121,000 20,000 52,766 9,000 36,522 6,800 14,000 9,000 9,000 14,162 12,000 3,500 5,000 TOTAL $312,750 2 -/3 COMMUNITY PROJECTS Lutheran Social Services - Caring Neighbor Community Preservation Program SBCS - Community Development Program $29,000 50,000 55,500 TOTAL $134,500 ECONOMIC DEVELOPMENT South County Economic Development Council SBCS - Teen Center Development Fee Reduction Program Southwestem College - Contracting Opportunities Center Southwestem College -International Trade Center TOTAL NON-PROFIT CAPITAL IMPROVEMENT PROGRAM Boys & Girls Club of Chula Vista - Restroom Renovation Chula Vista American Little League TOTAL CITY CAPITAL IMPROVEMENT PROGRAM CMP Pipe Rehabilitation North Broadway Basin Construction Drainage - Oxford, First to Second Playground Equipment ADA Curb Cuts Annual Program E Street Beautification $13,833 22,650 100,000 10,751 10,000 $157,234 $62,700 60,000 $122,700 $232,135 150,000 210,000 43,500 50,000 255,181 TOTAL $940,816 ADMINISTRATION AND PLANNING South Bay Family YMCA - Human Services Council Regional Task Force on the Homeless Child Care Coordinator Fair Housing Council of San Diego Otay Center Art Wall- Design Phase Sweetwater Union High School District City Staff Administration TOTAL Presented by Chris Salomone Director of Community Development 2-ILf $23,940 1,000 46,200 39,000 3,000 $1,000 302,860 $417,000 COUNCIL AGENDA STATEMENT Item No: ~ Meeting Date: 6/04/02 ITEM TITLE: Resolution approving a First Amendment to the agreement between the City of Chula Vista and Van Dyke, L.L.P. Landscape Architects for Landscape Architectural Services and authorizing the Mayor to execute said first amendment to the agreement. SUBMITTED BY: Director of Building and Park Construction ~ C~ty Manager (0f~ ~ (4/$ths Vote: Yes No ~ REVIEWED BY: INTRODUCTION: City Council approved a contract with Van Dyke L.L.P. for landscape architectural services on December 11,2001, Resolution No. 2001-426. This report seeks to amend that contract to include the provision for a topographic survey by RBF Consulting as Amendment No. 1. STAFF RECOMMENDATION: That the City Council adopt Resolution to approve a first amendment to the agreement between the City of Chula Vista and Van Dyke L.L.P. Landscape Architects for Landscape Architectural Services to include a field topographic survey of Lot D, Map No. 13917 (Sunbow Park) by RBF Consulting and authorizing the Mayor to execute the first amendment on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: Background Van Dyke L.L.P. Landscape Architects have commenced work on the design of the master plan for the neighborhood park at Sunbow pursuant to the agreement. They identified that discrepancies exist between the approved grading plan for the site and the actual grading in the field. It is necessary to have an accurate topographic survey completed to use as a base plan for the park master plan and also for use in the subsequent preparation of the park construction drawings. RBF Consulting, engineering sub-consultants pursuant to the original agreement with Van Dyke L.L.P., provided a quote for executing the topographic survey. Page 2, Item: Meeting Date: 6/4//02 The City's Engineering Project Management and Design staff have reviewed the quote and scope of work and have represented that the proposal is complete and a good value for the stated work effort. City staff does not have the in-house expertise to provide the necessary additional work. Fiscal Impacts The cost of the contract amendment is $6,555 including Van Dyke L.L.P.'s administrative and overhead fee. This cost will be deducted from the Sunbow PAD fees already deposited with the City of Chula Vista. There will be no impact to the City's general fund. Attachments: ATTACHMENT A - December 11, 2001 A113 and Agreement with Van Dyke COUNCIL AGENDA STATEMENT Item: Meeting Date: 12/11/01 ITEM TITLE: Resolution approving the Two-Party Agreement between the City of Chula Vista and Van Dyke, L.L.P., Landscape Architects (Consultant) for Landscape Architectural Services, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Parks and Recreation REVIEWED BY: City Manager (4/Sths Vote: Yes __ No X ) RECOMMENDATION: That Council adopt the Resolution approving the Two-Party Agreement between the City of Chula Vista and Van Dyke, L.L.P., Landscape Architects (Consultant) for Landscape Architectural Services for the Sunbow Neighborhood Park project. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Background In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements received, and in satisfaction of Conditions of Approval for the Sunbow Project, the Developer has provided funds for the construction of the Sunbow Neighborhood Park. The park project is a 10- acre park located North of East Palomar Street, West of Medical Center Court, East of High Cloud Court and South ora future proposed multi-family housing project. To realize this neighborhood park a landscape architectural design firm is needed to provide a community park master plan. Consultant Selection Process The Parks and Recreation Department, following the City's Purchasing Ordinance process described within the Municipal Code Section 2.56.220-2.56.240, having publicly advertised and receiving 15 submittals, interviewed six firms and selected the Landscape Architectural firm of Van Dyke, L.L.P., as the best qualified to provide the master planning services for the development of this neighborhood park. ATTACHMENT A Page 2, Item: Meeting Date: 12/11/01 This selection was based upon the firm's qualifications, experience of professional staff, the project team's related expertise, demonstrated performance of similar work, the quality of proposal submitted, interview presentation, and response to questions. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City. The Department of Parks and Recreation staff has negotiated the details of this Agreement in accordance with the procedures set forth in Section 2.56.110 of the Chula Vista Municipal Code. Scope of Work Under the terms of this Agreement and in conjunction with City staff, Van Dyke, L.L.P., will prepare a Neighborhood Park Master Plan. Upon successful completion of the Master Plan work effort work will continue with design development, construction drawings, and thereafter, actual park construction. The community center building's construction may proceed on a delayed schedule until funds are secured to pay for that aspect of the neighborhood park. The master plan responsibilities and services will be provided as needed, but not limited to the following: 4. Scope of Work ("Services"): 4.1 Park Master Plan - Provide professional Landscape Architectural Services as required to prepare, submit, and obtain the Approval from the City Council for an 10- Acre Sunbow Neighborhood Park Master Plan. The Plan shall be prepared to the satisfaction of the Director of Parks and Recreation. The Plan shall consist of a Preliminary Master Plan, Draft Master Plan, and Master Plan with accompanying support documents as outlined in Paragraph 5 as a Detailed Scope of Work. 4.2 Addenda to Contract Scope of Work - Parties acknowledge that the Scope of Services and/or Fees may be adjusted upon successful completion of the master planning work effort, as defined solely by the City, if mutually agreeable to all parties to continue the park's development with Consultant providing design development, construction documents, and construction administration phases of work. Addenda shall define phases and Consultant services and shall be presented to City Council for approval. Page 3, Item: Meeting Date: 12/11/01 5. Detailed Scope of Work ("Detailed Services"): 5.1 .Park Programming - The preliminary park programming used to prepare the Master Plan ~s subject to change as a result of the work effort. The preliminary programming is established at this time to include the following: 1. One softball field with 40-foot candle lighting, 60' baselines and 300' radius outfield 2.One soccer field with 40-foot candle lighting and 360' length 3.Seven picnic tables, some with BBQs and shade structures 4.One tot lot with play equipment targeting different age groups 5.Two basketball courts with lighting 6.Informal facility (not monitored) to accommodate skate boarding and roller blading 7.Restroom/maintenance building 8.Automobile parking 9.Open lawn areas 10. Community Center to provide multi-purpose community recreational services including; Recreational Programs, Human Services, Educational Services, Classes and Meeting/Rental space. The 15,885 square foot building is to include: a. 2,000 square foot senior or teen annex (occupancy 400) with dividable spaces and utility kitchen b. Multi-purpose dividable room c. Gymatorium d. Game room e. Craft room f. Kitchen g. Restrooms and shower with dressing room h. Office i. Utility room j. Custodial room k. Commensurate storage for each activity space The master plan work effort shall include a review of this programming and provide a determination for the appropriateness of the programming for this park site and if appropriate make recommendations for modification. 5.2 Community Workshops: Organize, coordinate, and conduct three public community workshops to solicit input from the surrounding residents and interested citizens on the park's development. 5.3 Research, Inventory, and Site Analysis: Provide an analysis of existing site conditions related to park programming. Consult with City and Applicant regarding opportunities, Page 4, Item: Meeting Date: 12/11/01 constraints of existing site conditions, and current design. Evaluate and describe opportunities and constraints in graphic form including the following: · Legal and physical boundaries · Holdings and easements · Historical or archaeological significance · Circulation and access · Adjacent conditions and uses · Applicable ordinances · Zoning, codes, and guidelines · Soil and hydrology · Adjacent wetland and open space · Orientation to climate and sun · Orientation to views and spatial patterns 5.4 Conceptual Master Plan: Prepare three scenarios as conceptual altematives illustrating differences in arrangement of uses, program emphasis, and character of the park. Evaluate pros and cons of alternatives and work with City and Applicant to define a preferred scenaho. Refine preferred scenario including the following: · Refined program modules · Order of magnitude costs · Conceptual ideas for alternatives · Architecture and facility diagrams · Site cross-sections · Functional relationships · Social relationships · Aesthetic and environmental opportunities 5.5 Develop the refined preferred scenario Conceptual Master Plan in three stages as 1) a Preliminary Master Plan, 2) a Draft Master Plan, and 3) a Master Plan. Develop and incorporate the following elements at each of the three stages: · All existing and proposed improvements · Park and recreational facilities clearly identified · Open space areas · Trail system (pedestrian, bicycling, hiking, equestrian) · Types of fencing, retaining and freestanding walls · Walkways, pedestrian and vehicular cimulation, interface, and protections and parking · Irrigation mainline layout, with proposed and existing water meters · Areas to receive conventional irrigation, temporary, drip, or none (as applicable) Page 5, Item: Meeting Date: 12/11/01 · Water conservation measures * Lighting concepts · Indicate plant palette (botanical and common name), with types, location sizes, and percentage of quantity by size, both proposed and existing, and the stated design function and purpose of each type: · Slope and erosion control treatment · Street trees · Seeding and container stock · Distinguish between groundcovers or lawn areas and method of separation · Relative drought tolerance of materials proposed · Relative fire retardance of materials proposed · Maintenance responsibilities and botmdaries · Grading design and drainage intent · Signage and monumentation · Property lines, easements, and deed restrictions · Paved, unpaved areas, and types of paving · Views (on-site and off-site) opportunities, preservation, and enhancements · Implementation plan · Financing plan · Phasing plan (if appropriate) · Estimate of probable construction costs with 15% contingency. The total construction_cost shall equal the City provided park construction budget. · Architectural thematic design of building(s) including: thematic elevations, programming to establish building footprint and estimate of probable costs with 15% contingency. 5.6 Filing Application: Prepare the appropriate plans and documents, which are required by the City, complete and submit the Park Master Plan Processing Application Form. 5.7 Estimate of Probable Cost: Provide an itemized analysis of costs of ail elements of the Project. Review with the City and Applicant. Work with City and Applicant to develop a cost strategy including the budget and/or phasing of improvements. 5.8 Meetings - Consultant shall provide written agendas and meeting notes for all meetings: · Pre-Application Meeting: Meet with the Applicant and the City to familiarize the Consultant with design issues and expectations related to development of the park from the point of view of both the Applicant and the City. Review the park program and elements with appropriate agencies. · Evaluation Meeting: Present three scenarios (as defined in 5.4) to City and Applicant. City will select a preferred alternative if acceptable. Respond to Page 6, Item: Meeting Date: 12/11/01 comments as directed by City staff. Refined Scenario Meetings: Present refinement &selected Preferred Alternative of Conceptual Plan to City and Applicant as necessary to obtain City staff approval. · Periodic Meetings: Attend all meetings as listed in Exhibit D of the agreement attached hereto. · Parks and Recreation Commission Presentation: Present the Draft Park Master Plan to the Parks and Recreation Commission for review and comment. Respond to comments as directed by City staff. Present to Parks and Recreation Commission refined altematives until Draft Park Master Plan is found acceptable to the Parks and Recreation Commission. · City Council Presentation: Present the Final Park Master Plan to City Council for approval. Provide revisions or response to conditions of approval. 5.9 City Approval - Continue working with City staff and the Director of Parks and Recreation to obtain written approval of the Park Master Plan fi.om the city Council. 5.10 Additional Services: Additional services include but are not limited to: · Revisions and changes to City and Applicant approved drawings. · Presentations to Public Agencies or meetings beyond those listed in the above Scope of Services. · Preparation of design alternatives after the completion of the Preliminary Master Plan. · Additional services will be performed on an hourly basis only upon the prior approval of the City at the rates set forth in Exhibit C of the agreement. Contract Payment: The total not-to-exceed amount to be paid to the Consultant is $110,000.00. The Sunbow project's developer, Ayres Land Company, has previously paid monies to the City in satisfaction of the Project's Parkland Acquisition and Development Obligation. The City has these monies in a deposit account and will use the money to pay for the Consultant's services. The City will also receive a standard administration fee amounting to 10% of the Contract. The Project's developer will also reimburse the City for any staff time associated with the implementation of the Contract through a separate staffprocessing deposit account that has already been established. Conclusions Staff believes, based upon a full understanding of the issues involved, that the City will realize an increased benefit in the recreational resources available to the residents of Chula Vista. Staff Page 7, Item: Meeting Date: 12/11/01 recommends, based upon the benefits of this agreement, that the City Council approve the proposed Agreement. FISCAL IMPACT: There will be no resulting impact to the General Fund. Van Dyke's consulting fees will be paid by the project's developer, Ayres Land Company, through existing deposit accounts. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VAN DYKE, L.L.P. LANDSCAPE ARCHITECTS FOR LANDSCAPE ARCHITECTURAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT WHEREAS, City Council approved a contract with Van Dyke, L.L.P. for landscape architect services pursuant to City Council Resolution No. 2001-246; and WHEREAS, Van Dyke L.L.P. Landscape Architects have commenced work on the design of the master plan for the neighborhood park at Sunbow. They identified that discrepancies exist between the approved grading plan for the site and the actual grading in the field; and WHEREAS, it is necessary to have an accurate topographic survey completed to use as a base plan for the park master plan and also for use in the subsequent preparation of the park construction drawings; and WHEREAS, RBF Consulting, engineering sub consultants to Van Dyke L. L. P., pursuant to the original agreement provided a quote for executing the topographic survey; and WHEREAS, the City's Engineering Project Management and Design staff have reviewed the quote and scope of work and have represented that the proposal is complete and a good value for the stated work effort; and WHEREAS, the cost of the contract amendment is $6,555 including Van Dyke L.L.P.'s administrative and overhead fee. This cost will be deducted from the Sunbow PAD fees already deposited with the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a First Amendment to the Agreement between the City of Chula Vista and Van Dyke, L.L.P. Landscape Architects for Landscape Architectural Series to include a field topographic survey of Lot D, Map No. 13917 (Sunbow Park) by RBF Consulting, a copy 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 and directed to execute said First 3-ltJ Amendment for and on behalf of the City of Chula Vista. PREPARED BY: APPROVED AS TO FORM BY: ~¡r1-~ John Kaheny City Attorney Andy Campbell Director of Building and Park Construction J:\Attorney\RESO\Van Dyke Agreement (Sunbow Park} .doc 3~tI DRAFT THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL &m.~C~ John M. Kaheny õ- City Attorney Dated: .s- ~ (0 - 0 L Agreement @1 to the Agreement Between the City of Chu1a Vista and Van Dyke, LLP Landscape Architects for Landscape Architecktura1 Series to Include a Field Topo~ graphic Survey of Lot D, Map No. 13917 (Sunbow Park) by RBF Consulting 3-12.. DRAFT FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND VAN DYKE L.L.P., LANDSCAPE ARCHITECTS FOR LANDSCAPE ARCHITECTURAL SERVICES THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this day of 2002, by and between the CITY OF CHULA VISTA , a municipal corporation, and VAN DYKE L.L.P., Landscape Architects. WHEREAS, the City of Chula Vista, by 2001-426 on December 11, 2001, approved an Van Dyke, L. L. P. to provide Landscape Services for the Sunbow Neighborhood ("Agreement"); and Resolution No. Agreement with Architectural Park Project WHEREAS, there is a need for additional Scope of Services for approved sub-consultant RBF, Inc., in order to ensure the timely construction of Sunbow Neighborhood Park. WHEREAS, RBF, Inc. will perform a field topographic survey of Lot D, Map No. 13917 (Sunbow Neighborhood Park) and produce a topographic map on the site in both digital file form and hard copy. NOW, THEREFORE, the parties agree as follows: I. Exhibit A, section 8 of the Agreement is hereby amended to add new section 8.12 to read as follows: 8.12 Additional Field Topographic Survey 1.0 RESEARCH AND INVESTIGATION 1.1 Consultant shall perform research and investigation of existing record data at the City of Chula Vista and the County of San Diego. Included in this task are horizontal control calculations of the project site based upon previously recorded data. 2.0 TOPOGRAPHIC SURVEY AND DATA PROCESSING 2.1 TOPOGRAPHIC SURVEY 1 3~13 Consultant shall perform a field topographic survey of the subj ect site parcel and top of curb elevation of the adjoining streets (East Palomar Street, High Cloud Drive and Medical Center Court). Topography shall include the locations and elevations of all curbs, walkways, berms, above-ground utility appurtenances, catch basins and drainage grates, power poles, flowlines, major signs, tops, toes and grade breaks of slopes and mounds, headwalls and drainage culverts, manholes and walls. Cross sections and locations of trees, if any, are specifically excluded from this scope of services. The basis of horizontal control shall be North American Datum of 1983 as published by the County of San Diego. The basis of vertical control shall be North America Vertical Datum of 1988 as published by the County of San Diego. All topography shall be electronically field data collected and detailed on a hardcopy back up and field notes. 2.2 DATA PROCESSING Consultant shall data process all topography in AutoCAD or other electronic platform as approved by City and Consultant. Linestyles will be conventional. Text annotation will be stored in layers separate from the graphic elements. An AutoCAD file, layering, linestyle and color specification will be provided by the Consultant to the City upon request. 2 "i3-IL¡ Right of Record of this task. Way Surveys, Survey is not or filing a included within The topographic map shall include the basis of horizontal and vertical control, North Arrow, Date of Survey, Survey Crew Chief review and sign off, notes and details. Deliverables shall include digital files formatted in AutoCAD and a hardcopy plot, if requested. Electronically formatted files will be E-mailed to the City upon request. 2.3 UNDERGROUND UTILITIES NOTE: This Topographic Survey will be conducted in accordance with accepted industry standards. Unless otherwise indicated, only the above ground utility appurtenances shall be located by Survey methods. All underground utilities or structures shown on this Topographic Map will be reproduced from records supplied by third parties and will not be verified for line or grade in any way during the course of the Survey. II. Exhibit A, section 8 of the Agreement is hereby amended to add new section 8.13 to read as follows: 8.13 Exclusions Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this Agreement and First Amendment: 1. Geotechnical investigation; 2. Hazardous wastes; 3. The setting of monuments; 4. Record of Survey map or Corner Record; 3 3-/5 5. Field location of underground utilities, potholing or any other field survey locations of underground utilities. 6. Legal description and exhibits. 7. Tentative or Final subdivision mapping services. 8. An other services not specifically set forth in either the above Scope of Services. III. Exhibit A, section 9.3 of the Agreement is hereby amended to add the following: Del i verable No. data processing to subconsultant RBF, later than 2 weeks Amendment. 6: The field be performed Inc. , shall be after Council topographic survey and by Consultant through delivered to City no approval of the First IV. Exhibit A, section 11 of the Agreement is hereby amended to add new section 11.1 to read as follows: 11.1 The City will furnish the following: 1. An up-to-date title report, and substantiating information, including applicable deeds and easement documents. 2. An entry permit, if required, to perform this field survey work. V. Exhibit A, section 12(c) (1) of the Agreement is hereby amended to increase the dollar amount from $110,000 to $116,555.00. VI. All other terms and conditions not modified by this First Amendment to the Agreement shall remain in full force and effect. 4 3-!(Ó SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND VAN DYKE, L.L.P., LANDSCAPE ARCHITECTS CITY OF CHULA VISTA VAN DYKE, L.L.P. d-0r0yJ ~\\~ Shirley Horton, Mayor Attest: City Clerk Approved as to form: City Attorney J:\Attorney\Agree\Van Dyke 1st Amend 5 3-/7 COUNCIL AGENDA STATEMENT ITEM ]~ MEETING DATE: June 4, 2002 ITEM TITLE: Resolution waiving the City's formal bidding process, awarding the sports venue lighting system contract for $82,640 to Musco Lighting, LLC for product, installation, and maintenance agreement of a lighting system for Rohr Park sports fields, and appropriating $91,164.75 to fired CIP PR- 181 based on unanticipated revenue received from Sprint/PCS for the purpose of leasing land at Rohr Park for installation of a communications antenna. SUBMITTED BY: Director Building and Park Construction ~ REVIEWED BY: City Manager ~ ~ (4/Sths Vote: YES X NO ) On August 7, 2001, the City Council approved a Conditional Use Permit (Resolution 2001-270, Attachment A) submitted by Cox/Sprint PCS to construct and operate an unmanned cellular communications facility at 4548 Sweetwater Road (Rohr Park). The project consists of a 384- square-foot equipment and storage building, and a 66-foot-high light standard supporting nine antennas. The light standard location is proposed in the right field of a currently unlit baseball diamond at the park. In an effort to secure the best possible vendor for this project the Office of Building and Park Construction created a sports venue specification/requirement (Attachment B) for the specific needs of the ball field at Rohr Park. Musco Lighting Systems, a supplier of sports venue lighting systems to municipalities and school districts for years, was the only supplier who responded to all of the City's specific requirements. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: That Council waive the City's formal bidding process, and award the sports venue lighting system contract for $82,640 to Musco Lighting, LLC and authorize the City Manager to negotiate and execute an agreement between the City and Musco Lighting, LLC, in a form to be approved by the City Attorney's office. Appropriate $91,164.75 to fund CIP PR-181 based on unanticipated revenue received fi.om Sprint/PCS for the purpose of leasing land at Rohr Park for installation of a communications antenna. DISCUSSION: The original agreement with Sprint/PCS was for a five-year lease that would generate approximately $87,000. After the approval of Council the City entered into an agreement with Sprint/PCS that resulted in a prepayment of the lease agreement in the amount of $91,164.75. An initial payment of $7,158.64 was made after Council approval in August 2001 and another payment of $84,006.11 was received by the City in April 2002. This prepayment will fund the installation of five other lights in the ball field of Rohr Park, as the one light standard would not adequately light the field. The 60/70-foot-high lights would be installed in conjunction with the proposed light standard. This will provide Rohr Park with a much needed second lit baseball field. Building and Park Construction created a sports venue lighting system specifications/requirement (Attachment B) and distributed the requirement to firms specializing in lighting systems. Mnsco Lighting Systems was the only finn that responded to all of the specifications and requirements specified (Attachment C). Musco Lighting Systems has been supplying sports venue lighting systems to municipalities and school districts for over fifteen years. Their systems have several unique qualities that other companies can not equal, including; single manufacturer of entire system, UL listing, welded steel cross arms, pre-cast concrete base, remote electrical component enclosure, four- to six- week delivery, spill and glare light control, and a post-installation system, see Attachment D for details. FISCAL IMPACT: With the approval by Council to appropriate $91,164.75 to fund CIP PR- 181, based on unanticipated revenue received by the City fi.om Sprint/PCS, for the installation of the lighting system at Rohr Park, there will be no impact to the general fund. The difference between the contract price of $82,640 and the appropriated $91,164.75 of $8,524.75 will be used for electrical work required before installation of the lighting system. Attachments: Attachment A - Resolution 2001-270 and A113 dated August 7, 2001 Attachment B - Lighting Specifications Attachment C - Musco Lighting Systems Proposal Attachment D - Sole Source Justification Memo RESOLUTION NO. 2001-270 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, (PCC-OO-58) TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 4548 SWEETWATER ROAD (ROHR PARK) A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at Rohr Park, 4548 Sweetwater Road ("Project Site"); and 2. Project Applicant WHEREAS, on May 12, 2000, a duly verified application for a Conditional Use Permit (PCC-00-58) was filed with the City of Chula Vista Planning Division by Cox/Sprint PCS (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting of a 66 ft. high light standard supporting nine antennas, and a 384 sq. ft. fenced equipment and storage building on the Project Site; and 4. Environmental Determination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study. Such study (lS-OI-044) was prepared by City staff, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. WHEREAS, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration on June 18,2001, in compliance with CEQA. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on July 11, 2001. 5. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on the Project for December 13, 2000; continued the Project to January 17, 2001; and continued the project again to July 11, 2001; and WHEREAS, at the July 11, 2001 meeting, the Planning Commission considered a motion to support staff's recommendation for the cellular facility and voted 5-0-1-1 to recommend that ATTACHMENT A Lf-3 Resolution 2001-270 Page 2 the City Council approve the Project based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCC-00-58; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 7, 2001, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. WHEREAS, the City Council continued the project to August 14,2001. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on July II, 2001, the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. D. INDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgment of the City ofChula Vista City Council. E. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures, as set forth in the Environmental Document IS-O 1-044. F. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed cellular facility is necessary to provide and maintain a quality cellular phone system in northeastern Chula Vista, specifically providing service for portions of 4--lf Resolution 2001-270 Page 3 Highway 54, Sweetwater Road, commercial areas along Bonita Road, and surrounding residential areas in all directions. The cellular facility will contribute to the general well being of the community by facilitating telephonic communication in the area surrounding said facility. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The project has been conditioned that the applicant prove compliance with the accepted ANSI standards for emissions control. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-OO-58 requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-00-58 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. Land use patterns within the City will not be affected by the granting of PCC-00-58. Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. The integration of the light standard with other field lights will not be a visual intrusion in Chula Vista. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-00-58 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the Project as described in the application, except as modified herein to allow for the light standard and equipment/storage building. The light standard shall be no taller than 66- ft., and shall support no more than nine antennas. The telephone, electrical and radio equipment shall be placed in a new 384-square-foot block wall building with shingled roof adjacent to the ball field, and it shall match an existing restroom building to the south of the new building. 4-5 Resolution 2001-270 Page 4 2. Cooperate in good faith with other communications companies in co-locating additional antenna on pole structures and/or on the tops of buildings, provided said co-locates have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the permittee and applicant. 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building, which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 5. Provide one 2A: 10BC fire extinguisher at a location satisfactory to the Fire Marshal upon completion of construction. 6. Obtain all necessary permits from the Chula Vista Building Division and Fire Department. 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building, which provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standard specified in the Municipal Code for public and open space uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated May 12, 2000, and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 8. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Lf-I:, Resolution 2001-270 Page 5 Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 10. Upon cessation of the business operations and use of the light standard for antennas by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the antennas from the light standard and equipment from the storage building. Any changes on the conditional use permit shall require modification. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 12. Prior to issuance of a building permit, the applicant shall submit a site plan which identifies any and all existing site features which are anticipated to be disturbed/disrupted by construction activity related to the project and appropriate notes and construction details which describe the construction methods and materials to be utilized to restore site features to original condition. Said site plan is subject to the review and approval by the Director of Public Works and the Director of Parks and Recreation or their designees prior to issuance of building permit. 13. This permit shall expire five (5) years after the date of its approval. After the first five (5) years, Planning staff shall review this conditional use permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether the project shall be modified from its original approval. 14. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 15. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. Lf-7 Resolution 2001-270 Page 6 16. The power source for the project shall be independent of existing site facilities. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with SDG&E and City of Chula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the approval of the Director of Public Works, Director of Planning and Building, and Director of Parks and Recreation or designees. 17. Damage of existing park grounds and/or facilities resulting from the installation and/or maintenance of the antenna and equipment building including but not limited to turf areas, walkways, irrigation systems, any and all site utilities and fixtures shall be replaced in kind and under the authority and supervision of the Director of Public Works and Director of Parks and Recreation or designees. 18. Installation and scheduled maintenance of the antenna and related components shall be coordinated with parks operation personnel and on-site recreation staff prior to commencement of work to minimize the potential for conflicts with recreation programs occurring at the site. 19. Any disruption or interruption of site service resulting from the installation of and/or continued maintenance of the antenna and related components shall be mitigated to the satisfaction of the Director of Public Works and Director of Parks and Recreation or Designees. H. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy ofthis resolution shall be recorded against the property. 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. I. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Office of the City Clerk. 4--8 Resolution 2001-270 Page 7 Signature of Representative of Cox/Sprint PCS Date J. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. K. ADDITIONAL TERM OF GRANT This permit shall expire five (5) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether or not the antenna height can be lowered. L. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by John M. Kaheny City Attorney Robert A. Leiter Planning and Building Director 4~C) Resolution 2001-270 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-270 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of August, 2001. Executed this 14th day of August, 200 I. Susan Bigelow, City Clerk Lf-IO CITY COUNCIL AGENDA STATEMENT Item: Meeting Date: 8/7/01 ITEM TITLE: Public Hearing: PCC-00-58; Conditional Use Permit to install, operate and maintain a wifeless communications facility consisting of a 66-foot-high light standard supporting nine antennas; and an associated equipment building at an unlit baseball field within Rohr Park, 4548 Sweetwater Road. ,~l~) Applicant: Cox/Sprint PCS ~),~/~ Resolution: of the City Council of the City of Chula Vista granting a Conditional Use Permit, PCC-00-58, to Cox/Sprint PCS to construct an unmanned cellular communications facility at 4548 Sweetwater Road (Rohr Park). SUBMII'I'ED BY: Director of Planning and Building/~r~ REVIEWED BY: City Manager ~ ~'/,3 ~'t,' (4/5tbs Vote: Yes No X) Cox/Sprint PCS is requesting a Conditional Use Permit to construct and operate an unmanned cellular communications facility at 4548 Sweetwater Road (Rohr Park). The project will consist of a 384-square-foot equipment and storage building, and a 66-foot-high light standard supporting nine antennas. The light standard location is proposed in the right field of a currently unlit baseball diamond at the park. The City will use revenue generated from the antennas to purchase and install five additional lights at the ball field. In accordance with the California Environmental Quality Act (CEQA) city staffprepared an Initial Study (IS-01-044), and the Environmental Review Coordinator posted notice of a Mitigated Negative Declaration (MND) on May 29, 2001. BOARDS/COMMISSIONS RECOMMENDATION: On January 17, 2001, this project was brought before the Planning Commission. Public testimony was heard; however, there was no discussion. The project was continued until the Initial Study for the six light standards could be completed. (See minutes, Attachraent 3.) On June 18, 2001, the Resource Conservation Commission determined that the Initial Study prepared for this project was adequate, and recommended adoption of a Mitigated Negative Declaration. The public comment period, as noticed by the Environmental Review Coordinator regarding the Mitigated Negative Declaration (MND), ended on July 5, 2001. On July 11,2001 this project was brought back to the Planning Commission, who voted 5-0-1-1 to adopt Resolution PCC-00-58, which recommends that the City Council adopt the Mitigated Negative Declaration and approve the Conditional Use Permit for PCC-00-58. /B --I Page 2, Item: Meeting Date: 8/7/01 RECOMMENDATION: That the City Council adopt the resolution adopting the Mitigated Negative Declaration and approving a Conditional Use Permit for a wireless communications facility in Rohr Park, subject to the conditions of approval (including the mitigation monitoring and reporting program measures). DISCUSSION: 1. Site Characteristics The project site is an unlit baseball field, east and across the parking lot from a lit baseball field, within a 23-acre public park owned by the City of Chula Vista. It is accessed by a 400-foot-long driveway to the north that runs parallel to Sweetwater Road, which is about five feet higher in elevation than the field. There is a dirt parking lot east of the field, and a paved parking lot west of it. Between the paved parking lot and the field are a block wall restroom building and a few small trees. The baseball field consists of a clay infield surrounded by a grassy outfield. A chain link fence enelnses the diamond on three sides, and spectator bleachers are positioned on two sides. There are some light poles in the paved parking lot, but there are currently none in the ball field. 2. General Plan, Zoning, and Land Use General Plan Zoning Currem Land Use Site: Public & Open Space AD-Agricultural with Rohr Park Parks & Recreation design overlay North: Residential, Low Residential (County) Single-Family Residential South: Public & Open Space AD-Agricultural with Rohr Park Parks & Recreation design overlay East: Residemial, RE-Residential Estates Vacant Low-Medinm West: Residential, Low RED-Resklcntial Estates S/ngle-Family Residential with design overlay 3. Proposal Cox/Sprint proposes to construct an unmanned cellular communications facility at 4548 Sweetwater Road, specifically, a 66-foot-high light standard pole consisting of lights at approximately 55 feet up the pole, and nine antennas (each of which is approximately six- Page 3, Item: Meeting Date: 8/7/01. feet-long and eight-inches-wide) above the lights. The pole would be placed on the southwestern edge of the infield, near right field. Telephone, electrical and radio equipmem would be placed in a 384-square-foot building to be constructed directly north of an existing restroom building west of the ball field, and would be constructed of the same materials as the restroom building (block wall with asphalt shingles). The new building would also include a storage area for the park. The proposed site would provide service to portions of Sweetwater Road, commercial areas along Bonita Road, and surrounding residential areas. The revenue generated to the City of Chula Vista by lease for the proposed antenna/light standard in Rohr Park would be approximately $87,000 over a five-year time period. If Council approves this Conditional Use Permit, the city plans to enter into an agreement with the applicant that would result in prepayment of up to $87,000 for installation of five other lights in the ball field, as the one light standard this project proposes would not adequately light the field. (After five years, applicant would pay the city a monthly use fee of approximately $1,650.) The 60-70-foot-high lights would be installed in conjunction with the proposed light standard, or shortly thereafter. The City's Parks & Recreation Department is supportive of this proposal, as this would provide the park with a second lit baseball field. The proposed light standard supporting nine antennas is an Unclassified Use, according to Section 19.54 of the City of Chula Vista Municipal Code. Section 19.54.010 states that matters "possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined" are unclassified uses, and, as such, are required to have Conditional Use Permits. Section 19.54.020 requires the project to be considered by the City Council, upon recommendation by the Planning Commission. 4. Analysis Location: In order to accomplish its desired radius of service, the applicant originally evaluated at least three other locations to place antennas. Those locations included a church in San Diego County at the intersection of Sweetwater Road and Bonita Road; the Kaiser Permanente building at the intersection of Willow Street and Bonita Road; and the water tank on Greenwood Place. It was determined that the buildings on the south side of Bonita Road were too low to meet the applicant's objectives. Therefore, the applicant concentrated on locations north of the Sweetwater River, and determined that the Rohr Park location could serve a broad area, requiring only one antenna site rather than two or three to accomplish the desired radius of service. Page 4, Item: Meeting Date: 8/7/01 The city encourages applicants of wireless telecommunications facilities to co-locate with other companies whenever possible in order to keep the number of new poles and structures to a minimum. There are currently very few wireless communication facilities within the city limits ill the region where the light standard/antenna is proposed, however. Two companies have co-located through architectural integration at the intersection of Willow Street and Bonita Road, and one company has architecturally integrated on the water tank at Greenwood Place. The water tank was determined to he too high for the applicant's objectives. Public Concerns: This project was originally scheduled to go before the Planning Commission on December 13, 2000. Ten days prior to that hearing, a public notice was sent to all property owners within 500 feet of the boundaries of the parcel where the antennae were proposed, and a notice was published in The StarNews. On the afternoon of December 13~, staffreceived three letters opposing the project, and a petiiion with 14 signatures opposing the project (see Attachment 4). The petition stated: This petition is in opposition to the proposed issuance of a conditional use permit to Cox/Sprint for the construction of a wireless antenna on the grounds that the proposed project is environmentally unsafe. That the proposed project is adjacent to and near a populated Bonita community in front of Rohr Park that will he adversely impacted. That the Environmental Review Coordinator has erred in not requiring an environmental impact report and the Chela Vista Planning Commission not issue a permit. That the proposed project is in violation of the California Environmental Quality Act which requires an environmental impact report that will study in detail the impact of the proposed project on the adjoining residents and property owners of the Bonita community. In light of conununity concerns, the project was continued until January 17, 2001 so that Planning staff and the applicant could meet with residents to address questions and discuss concerns, prior to the public hearing. A community meeting was held 'on January 16, 2001, and was attended by seven private citizens, in addition to the applicant and Planning staff. A verbal summary of that meeting was delivered to the Planning Commission by Planning staff during the advertised public hearing on January 17, 2001 (see minutes, Attachment 5), and copies of the December 13, 2000 letters and petition from citizens opposing the project were attached to the planning commissioners' January 17 staff reports. The three primary concerns expi'essed by citizens were: 1. That the monopole would be the tallest structure in the area. 2. That putting the monopole in the park is perceived to be a commercial enterprise by Page 5, Item: Meeting Date: 8/7/01 the city. 3. Health concerns. Planning staff explained that topographic maps of the vicinity demonstrate a variety of elevations, and some of the trees in the park are several feet higher than 66-feet. Therefore, it appears that the proposed monopole would not be the tallest structure in the area. Staff also explained that the FCC regulates wireless communications facilities in order to ensure they comply with all health and safety standards; therefore, city government is not legally entitled to deny a wireless communications facility proposal on the basis of health and safety concerns. After Planning staff and the applicant presented the project, public testimony was heard. Six citizens spoke, reiterating concerns expressed at the community meeting held on January 16. (See Attachment 3 for January 17, 2001 Planaing Commission minutes.) There was no discussion because it was determined that the project should be continued until an Initial Study could he conducted for the six ballpark lights that would be erected if the Conditional Use Permit for the antennas on a light standard was approved. The project was continued to when the Initial Study would be completed. Planning staff called each of the citizens who spoke at the January 17t~ Planning Commission hearing and informed them of the July 11, 2001 Planning Commission hearing. Public notices were sent and a notice was published in The Star News, once again, for the July 11'~ hearing. One citizen (Mike Kujawa) attended the Planning Commission public hearing for this project on July 11'~'. Previously, he had attended the community meeting on January 16, 2001 and spoken at the Planning Commission hearing on January 17, 2001. Also, he had written a letter and submitted the petition opposing the project back in December 2000. At the July ll~ meeting he reiterated his concerns regarding safety, and stated he is opposed to the project because: 1) He is opposed to "commercial use of Rohr Park." 2) The project will only serve Sprint customers. 3) The antennas are "visual pollution.~ After the July 11~' Planning Commission hearing, Planning staff was contacted by a citizen (Christa Hoffman) who was unable to attend the meeting. She had stated her opposition at previous meetings, and said she is still opposed to the project. In particular, she has concerns about the safety of the antennas, and had been under the impression that the Initial Study was required for safety issues related to the antennas, not for impacts from the lights. Staffhas since provided Ms. Hoffman with FCC publications regarding wireless communications facilities and how they are regulated. Page 6, Item: Meeting Date: 8/7/01 5. Conclusion With the attached conditions of approval, the proposal is consistent with the City of Chula Vista Municipal Code and the General Plan. Therefore, staff recommends approval of the proposed conditional use permit in accordance with the attached City Council resolution. FISCAL IMPACT: There will be no fiscal impact to the General Fund. The applicant will be responsible for all processing fees. Attachment ! of the Master Licensing Agreement between the city and Cox/Sprint states that: Prior to the commencement of construction [of the light standard and antennas in Rohr Park], Sprint shall, in lieu of rent for the first five-year term as described in Section IV.A of the agreement, pay the city the full cost of the purchase and installation of the remaining [five] poles and lights for the field, but not more than the equivalent 5-year rental fee of approximately $87,000. Attachments i. Locato{ Map 2. Planning Commission Resolution 3. Minutes from 1/17/01 PC Meetiag 4, Letters and petition from concerned citizens 5. Minutes from 7/11/PC Meeting 6. Mitigated Negative Declaration 7. Disclosure Statement H:GtlOME~PLANNING~KIMXREPORTS\PCC-00-58 Cox Sprint, Rohr.doc CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT COX/SPRINT PCS PRO~ECT DESCRIPTION: PRO,~CT RohrPark, .,CONDITIONAL USE PERMIT ^OnRESS: 4548 SweetWaler Road Request: Prop4~ed wirelass tale~ommunicatlons te~lity i consisting of up to (9) panel antennas rnountad on SCALE: FILE NUUaER: a 72 ~ light standard. All equipment will be located NORTH No Scale PCC 00-58 on the ground =aJ?_~nt to the base of the pole. / ~ "~7 ATTACHMENT RESOLlYrION NO. PCC-00-58 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDIIqG THAT TI~ CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-00-58, TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELL~ COMMUNICATIONS FACILITY AT 4548 SBrEETWATER ROAD ('ROHR PARK). WHEREAS, a duly verified applic~ion for a Conditional Use Permit was filed with the City of Chula Vista Planning Department on May 12, 2000 by Cox/Sprint PCS; and WHEREAS, said application requests permission to construct an unmanned cellular communications facility consisting of a 66-foot-high light standard supporting nine antennas, and a 384- square-foot equipment building in the area of a baseball field within Rohr Park at 4548 Swectwatcr Road; and WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recommended adoption of a Mitigated Negative Declaration as to the effects of the proposal on the environment in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said Conditional Use Permit and notice of said hearing, together with its purpose, was given by ils publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was scheduled and advertised for December 13, 2000 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; was continued to January 17, 2001 at 6:00 p.m.; and was continued again to July I I, 2001; and WHEREAS, the 'Planning Commission considered all reports, evidence, and testimony presented at the public hearings with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the Mitigated Negative Declaration and approve Conditional Use Permit PCC-00-58 in accordance with the findings and subject to the conditions and findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11' day of July 2001 by the following vote, to-wit: AYES: Castaneda, Cortes, Hall, Thomas, Willett NOES: ABSTAIN: McCann ABSENT: O'Neil ATI'EST: Kevin O'Neil, Chair Diana Vargas, Secretary Planning Commission Minutas - 4 - January 17, 200'1 2. PUBLIC HEARING: PCC-00-$8; Conditional Use Permit to installr operate and maintain a wireless telecommunications f~cility consisting of a 66-foot high light Standard supporting nine antennas, and an associated equipment building at 4S48 Sweetwater Road (Rohr Park). Cox/Sprint PCS. /ira Sandovat, Assistant Planning Director stated that this item has received a considerable amount of public interest, therefore, staff held a community meeting to hear those concerns. The purpose of tonight's meeting is to give the Commission an opportunity to hear comments from the community, and staff is therefore recommending that the Commission not take any action tonight, but that the Public Hearing be opened, public testimony be taken, and that this item be continued to April 1 I, 2001 for final a~ion. ~ack§round: Klm Vander Bie, Associate Planner, reported that Cox/Sprint PCS is requesting a Conditional Use Permit to install, operate and maintain a wireless telecommunications facility consisting of a 384 sf equipment and storage building, and a 66-foot high light standard supporting nine antennas at 4548 Sweetwater Road (Rohr Park). The light standard location is proposed in the right field of a baseball diamond at the park, and the proje~ would result in the f ~ - C~ ATTACI]MI~NT Plannin§ Commission Minutes ~ 5 - Januaq-' 17, 2001 City addin~ five more li§hts to the baseball field. The proiect site is an unlit baseball field across the parkin§ lot of a lit baseball field. The pole would be placed on the southwesl edge of the endfield near right field. The proposed site would provide service to portions of Sweetwater Road, commercial areas along Bonita Road and surroundin§ residential areas. The revenue generated to the Cit~ by the proposed light standard wo. uld be approximately 580,000 over a five-year time period and the City has elected to enter into an agreement with the applicant that would result in prepayment of installation of five other lights in the ball field. The 55-foot high lights would be installed in conjunction with the proposed light standard or shortly thereafter. Because of the additional lights that would be added as a result of the monopole, the Environmental Review Coordinator has concluded that this project is subject to CEQ^ and an Ir~itial Stud's, is required. There were seven private citizens, staff and the applicant present at the community forum and three primary concerns that were expressed. ~taff's responses to these concerns are: l. That tl~e monopole would be the tallest structure in the area. Topo mass from Gl5 clearly indicate that the monopole would not be the tallest structure in the area. Copies of those maps will be pi-esented to the Commission at the next hearing. 2. That putting the monopole in the park is perceived to be a commercial enterprise by the City. The $80,000 generated by this proposal would be put back into the park and not into the City's General Fund. 3. Health concerns. This project would compliance with FCC health standards. Staff recommendation: That the Planning Commission review the application, hear public testimony, and continue this project until the Initial Study is completed. Public Hearing Opened 7:55. Mike Sloop, representing Sprint PCS stated that various sites in the area were looked into, but other than the proposed site, there existed topographical constraints and would not offer optimal c0vera§e to the area. This proposal meets the federal safety standards that are overseen by the Federal Communications Commission. Based on the concerns that were raised by the citizens, the applicant re-evaluated the calculations for EMF emissions in the areas closes to the monopole, which would be the area around first base and some bleacher seating, and it would be less than '1/2 of 1% of the FCC Planning Commission Minutes - 6 - lanuar~' 17, 2001 ~landard, which is over 200 limes below i'he s;andard. Peter Pearce, 48B2 Birch Bark, Bonila, CA, representing the Bonita Woods homeowners group expressed their collective concern with 'commercializing' the park and the precedence this would set for other carriers to come into the park as well. In their opinion, parks are designed ~o have a large open space with vegetation and to be enjoyed by people, not for artificial structures or commercial enterprises. Gil Hantson, 4231 Sweetwater Road, Bonita, CA stated he opposes the project because the pole wouid create an eye-sore. Additionally, he is nol convinced that the emissions would not create a hazardous condition because the effect of EMF exposure is not an exacl science. Christa Ho ffman, 3580 Evergreen Road, Bonita, CA Staled that the beautiful view of the park she enioys from her home of mature vegetation, jo~a:ul noise of families and children enjoying the park, and the serenity it brings would be diminished with the 66 foot high light standard with 9 antennas, which is totally incompatible with the Dark. Therefore, she urged the Commission to vote against it. Mike Kujawa, 3580 Evergreen Road, Bonita, CA stated he opposes the facility as it would be a very imposing and the tallest structure in the immediale area. He also is not convinced that the heaith hazards are as benign as previously stated because the standards that are used to measure today are nine years old. Litia Pedrum, 4328 Grace Road, Bonita, CA opposes the proiect because of the visual impacts the artificial structure will create. Additionally, as a cancer survivor, she is especially concerned with the potential health hazards the proiec~ could pose, therefore, she urged the Commission to vote against it. Phil Pedrum, 4328 Grace Road, Bonita, CA stated that he too is concerned with health risks and with the light standard being an eye-sore that could potentially diminish his property value, therefore, he urged the Commission to vote against it. MSC (McCann/Cortes) (7.-0) to continue public hearing to April 11, 2001. Motion carried. TO: Chula Vista Planning Commission Re Case Number: PCC-00-58 DATE: 12/12/00 Dear Planning Commission; 1 am opposed to the proposed Cox/Sprint 66-foot high light standard being erected in Rohr Park or the immediate vicinity for the following reasons: a) The light standard will become the highest structure in the park and will detract from the beauty of the surrounding vegetation. The standard may very will exceed even the height of the highest trees in the park. b) Although the City noline says that the project is exempt from any environmental review, 1 am concerned about the effects of emissions from the tower on health and on interference With various receivers like radios, TVs, cordless phones, electric gates, etc. and on the possibility of attracting lightening strikes. c) Any detraction from the park's natural atmosphere, especially when the standard will be visible above the trees and visible from windows of residences bordering the park, will reduce property values. I urge the Planning Commission to reject the proposed project as unsuitable for the proposed location in or around Rohr Park. If the Commission decides to support the project, I urge the Commission to delay the approval for six months to allow adequate study of the project by those residents and users of the Park who will be negatively affected by the project. Thank you Very Truly Yours, Micho~.l A. Kujawa 3580 Evergreen Road Bon/ta, CA. 91902 (619) 479-1717 DECEMBER 12, 2000 TO: CITY OF CHULA VISTA PLANNING COMMISSION DEC 1 3 2000 RE: CASE #PCC-00-58 FROM: JESUS H. KURODA-SAN PLAN~',!!N~ TO WHOM IT MAY CONCERN: 1 HAVE RECEIVED THE PLANNING cOMMISSION'S NOTICE REGARDING THE 66' ANTENNA THAT WILL BE INSTALLED IN ROHR PARK. I WOULD LIKE TO FORMALLY OPPOSE TO THIS. I PURCHASED MY HOME, IN THIS AREA BECAUSE I WANTED TO LIVE IN AN AREA WHERE I COULD SEE THE TREES ANS STILL SMELL THE FRESH AIR. THIS ANTENNA WILL BE A TOTAL EYESORE TO OUR COMMUNITY I DO NOT WANT TO LOOK OUT MY WINDOW AND SEE ANTENNAS, I WANT TO CONTINUE TO SEE TREES. RESPECTFULLY JESUs 4437 CRESTA VERDE LANE MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, July 11, 2001 276 Fourth Avenue, Chula Vist~ ROLL CALU MOTIONS TO EXCUSF: Present: Commissioners, Castaneda, Hall, Cortes, Thomas, Willett, McCann Absent: Chair O'Neitl Staff Present: Jim Sandoval, Assistant Director of Planning and Building Kim Vander Bie, Associate Planner Sunny Shy, Assistant Director of Recreation Michael Meacham, Special Operations Manager Bart Miesfeld, Deputy City Attorney MSC (3~/illett/Thomas) to excuse Commissioner O'Neill. Motion carried. PLEDGE OF ALLEGIANCE/SI LENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Hail. ORAL COMMUNICATIONS: 1. PUBLIC HEARING: PCC-00-58; Conditional Use Permit to install, operate and maintain a wireless telecommunications facility consist[ng of a 66-foot high light standard supporting nine antennas; and an associate equipment building at an unlit baseball field within Rohr park~ 4548 Sweetwater Road. Cox / Spring PCS. Background: Kim Vander Bie, Associate Plann.er reported that the application is requesting a Conditional Use Permit to construct and operate an unmanned cellular communications facility consisting of a 384 sf equipment and storage building, a 66 foot high light standard supporting 9 antennas, which is to be located in the right field of a currently unlit baseball diamond at the park. The City will use revenue generated from the antennas to purchase and install 5 additional lights at the ball field. The Parks and Recreation Department is supportive of this proposal, as this would provide the park with a second lit baseball field. Planning Commission Minutes - 2 - July 11~ 2001 Telephone, electrical and radio equipment would be housed in a 384 sf equipment room to be constructed north of an existing restroom building and would be constructed of the same material as the restroom building (block wall and asphalt shingles). Part of the roof would be opened with a trellis-type roof and part of it would be a solid shingle roof. The equipment building would also house park maintenance equipment. On January 17, 2001 this project was brought before the Planning Commission at which time the project was continued to allow time for an Initial Study, reviewing the six light standards, be completed. The Resource Conservation Commission has determined that the Initial Study is adequate and recommends adoption of a Mitigated Negative Declaration. At the January 2001 Planning Commission meeting several residents expressed concern with: 1 ) visual impacts, 2) commercialization of the park, and 3) health concerns with EMF emissions. The project complies with all FCC regulations for EMF emissions and the law precludes the Planning Commission from denying the project based on health issues. Ms. Vander Bie stated that she contacted all of the residents who spoke at the January 2001 meeting notifying them of tonight's meeting. In addition, notices were mailed to residents within the 500 foot radius of the project site. Staff Recommenation: That the Planning Commission adopt the Resolution PCC-O0-58 recommending adoption of the Mitigated Negative Declaration and approval of the Rohr Park wireless communications facility, subjed to the conditions of approval (including the mitigation monitoring and reporting program measures). Commission Discussion: Commissioner Willett stated that the existing ball field at the park has light refraction that needs to be corrected by placing shields on the lights and directing the lighting system downward. Additionally, the City should make every effort to conserve energy by turning off the lights when the ball field is not being used. Sunny Shy, Assistant Director of Recreation stated that the ball field receiving the new light standards is at a lower elevation and the lighting consultant will be looking at implementing mitigation measures to reduce the glare. Michael Meacham, Special Operations Manager stated that the City is working on a lighting management system throughout the City for all facilities that will allow those adjustments to be made remotely. Commissioner Thomas asked for clarification on the prepayment of the revenue that will be generated by this project. Additionally, Cmr. Thomas stated he would like to see the Planning Commission Minutes - 3 - July 11, 2001 roof of the equipment room be extended to be a complete shingle roof to match the adjacent restroom building. Mr. Meacham stated that the applicant will reimburse the City for the cost of purchase and installation of the lights up to $80,000, which should cover all costs. The amount is intended to be a cap on the cost relative to the actual cost of purchase and installation of the light standards. Mr. Meacham stated that the reason why half of the roof is proposed to be an open trellis is because the equipment needs air circulation. If the ceiling is completely covered, then there may need to be more ventilation around the facia of the building, which could create an even greater visual distinction between the two buildings. Commissioner Castaneda stated he remembers that when this item first came before the Commission there was considerable opposition from the area residents and asked if staff had received any new communication from residents. He also stated that when items are continued, he would like to see all of the background information included in the new staff report. Cmr. Castaneda also asked if there were any restrictions on commercial use of the park when it was originally conveyed to the City. Klm Vander Bie stated that she received no new communication from residents and there also were no responses to the Initial Study, which was noticed. Mr. Meacham stated that there are no restrictions now, however, the original restriction was designed to prevent uses that would restrict the use of the park. The secondary nature of this project, which is the lighting of the ball field, will enhance the park and will enable its use by more people, for extended hours. Commissioner Thomas stated that he would like to see some type of condition where the appropriate party would be required to make any necessary ad.iustments to the lighting system after its been in operation for a couple of months. Ms. Shy stated that, in fact, this is part of the scope of work for the lighting consultant to make any necessary adjustments. Public Hearing Opened 6:45 Robert Krebbs, 9225 Dowdy Drive, #112, San Diego, CA 92126, Sprint PCS stated he is pleased to present this win-win proposal, which will provide wireless service to the community as well as lighting for a City-owned ball field. He urged the commission to support this proposal and stated he was available to answer any questions they may have. Planning Commission Minutes - 4 - July 11, 2001 Mr. Krebbs also stated that they would be willing to cover the entire roof to match the adjacent restroom building, and if additional ventilation is needed, they would ensure that it is done in a manner that will not create an obvious difference between the two buildings. Mike Kujawa, 3580 Evergreen Road, Bonita, CA 91902 asked if there would be any fencing around this facility and equipment room, as well as any warning signs stating there may be potential radiation around the building. He also asked if the cabling between the antenna and equipment room would be underground. Mr. Kujawa still opposes the project because of visual impacts and because of the precedence this sets for future commercial ventures wishing to locate on the park. Mr. Krebbs responded that the facility will comply with all Municipal Code and federal regulations and if posting warning signs is a requirement, then they definitely will be posted. The cables will be underground. Mr. Meacham clarified that the older cellular sites produce greater emission amounts than the newer digital technology, which is the only type of facility that the City now allows. Public hearing closed 7:05. Commissioner Willett stated that due to a proliferation of these facilities, he would recommend that the City place a public information article in the newspaper explaining that these facilities pose no public health risk because the emissions are so minimal. The Commission collectively stated that although they are fully supportive of co-location whenever possible, there are exceptions where it may not be desirable, particularly in a site such as the park where the visual impacts need to be carefully considered. Commissioner Hall stated that he is supportive of this project and is particularly encouraged with the public benefit it creates with the installation of the lighting system on the ball field, which is one of the City's best leveled fields that has been underutilized because of the lack of lighting. Planning Commission Minutes - 5 - July 11, 2001 MSC (Thomas/Castaneda) (60-1-1) that the Planning Commission adopt Resolution PCC- 00-58 recommending adoption of the Mitigated Negative Declaration and approval of the Rohr Park wireless communications facility, subject to the conditions of approval (including the mitigation monitoring and reporting program measures) including the following two additional conditions: 1. That the equipment building roof be a full shingled roof and that the building be redesigned to provide the necessary ventilation for the equipment, and at the same time be aesthetically compatible with the adjacent restroom building; and 2. That the applicant be required, upon renewal of the Conditional Use Permit, to provide evidence of compliance with FCC regulations for EMF emissions. Motion carried. Case No.I._S-01-044 ENVIRONrMENTAL CHECKLIST FORM I. Name of Proponent: City of Chula Vista Cox/Sprim PCS 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 4683 Chabot Dri~'e, Suite 100 Pleasanton, CA 94588 4. Name of Proposal: IS-01-044 5. Date of Checklist: May 29, 2001 LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or o t2 r2 [] 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 front incontpatible land uses)? d) Disrupt or divide the physical arrangement of B [] B [] an established community (including a low- income or minority community)? Comments: The project is consistent with the Public & Open Space land use designation (Parks and Recreation) of the General Plan. The project is also consistent with the zoning designation of the AD - Agricultural with Design Overlay and designated. The proposed ball field lights and cellular transceiver base station ("base station") are perxaitted with a Conditional Use Permit (CUP). The site is located within a City Park (Rohr Park). The proposed site is a public park. The proposed ball field lights are proposed for an existing ball field and the proposed base station will be incorporated in the design of one of the light standards. The subject ball field is located at the eastern portion of the Park. Rohr Park is a 23-acres in size and is surcounded by residential developntent to the north (County of San Diego) and west, commercial to the east, and the Chula Vista Municipal Golf Course to the south. The proposed project does not require the physical arrangement of the community to be changed. Page- I ,, ~ . ATTACHMENT 6 .Miti§al'ion: No mitigation measures are required. II. POPULATION AND HOUSING. Would the a) Cumulatively exceed official regional or local D [] [] [] popular on projections? b) Induce substantial growth in an area either g [] c~ [] directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable c2 n [] [] housing? Comments: The proposed pro ect would result in the installation of lights and base station (for wireless communications) on an existing ball field in a public park. The project does not exceed regional or local population projections because it does not create any growth. The project does not create any employment oppormnines or housing units in the area. The project does not displace any housing, including affordable housing. Therefore, the project will not result in any potential impacts related to population and housing. Mitigation: No mitigation measures are required. III. GEOPIt~'SICAL. Would the proposal result ill or expose people to potential impacts involving: a) Unstable earth conditions or changes in [] [] [] geologic substructures? b) Disruptions, displacements, compaction or [] [] O [] overcovering of the soil? c) Change in topography or ground surface relief ~ rn [] [] features? d) The desu-uction, covering or modification of ~a ~ a [] any unique geologic or physical featm'es? e) Any increase in wind or water erosion of soils, o [] n [] either on or off the site7 f) Changes ia deposition or erosion of beach [] o 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? Page There are no known geophysical conditions present thal expose people to geologic or earth hazards and the proposal does not include an3' grading. Therefore. no significant impacts ha'ye been identified. Mitigation: No mitigation measures are required. IV. WATER. WouM the proposal result in: a) Changes in absorption rates, drainage paUems, [] [3 or the rate and amount of surface mnofP b) Exposure of people or property to water 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 mrbidi .ty)? d) Changes in the amount of surface water in any [] water body? e) Changes in currents, or the course of direction tn [3 [] of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either [] through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of [] [] [] groundwater? h) Impacts to groundwater quality? [] i) Alterations to the course or flow of flood [] waters? j) Substantial reduction in the amount of water [] tn otherwise available for public water supplies? Comments: Construction of the light standards and 384 square foot equipment building would have a negligibie effect on surface runoff and would not have any effect on groundwater because no grading is proposed. The proposed park improvements will be located within the 100 year flood plain of the Sweetwater River. Due to the nature of the project, no significant impacts related to flooding are anticipated. As a standard Engineering Division condition of approval the applicant is required to implement Best Management Practices to prevent pollution of storm drainage systems, during and after construction. Therefore, no significant impacts to water resources have been identified and no mitigation is required. -Mitigation: No mitigation measures are required. V. AIR QUALITY. Would the proposal: ~,~.,a~t~ s~ar~,m~ t~=,, a) Violate any air quality standard or contribute to [] [] r~ [] an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] [] a c) Alter air movement, moisture, or temperature, [] t3 ~3 tz or cause any change in climate, either IocaIly or regionally? d) Create objectionable odors? [] [] [] a e) Create a substantial increase in stationary or [] [] [] [] non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The ball field lights and base station would not produce any air emissions. One to two serx, ice track trips per month would be generated for the maintenance of the telecommunications equipment. The proposed lighting would allow the use of the ball field until the park closes at 10:00 PM. According to the Engineering Division, the proposed project will generate an insignificant amount of daily trips. Therefore, no significant air quality impacts would result and no mitigation is required. Mitigation: No mitigation measures are required. VI. TRANSPORTATION/CIRCULATION. Would ~,~r,~ t~,,~ r,s~,~=, no the proposal result in: a,~ Mia~.,~ ~ ~=~,, 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 [] [] r~ [] nearby uses? d) Insufficient parking capacity on-site or off-site? ~ [] [] [] e) Hazards or barriers for pedestrians or [] [] [] [] bicyclists? f) Conflicts with adopted policies supporting [] c~ r~ [] alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] r~ [] Page h) A "large project" under the Congestion m [] .m m Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: No additional roadway facilities are required to serve thc site. Short-term effec~ would consist of construction tracks required to install the ball field lights and base station. Long-term effects would consist of one to two service track trips per months associated with the base station and an insignificant amount of daily vehicle trips associated with the use of the ball field in the evening hours. On-site parking is provided in a paved parking lot immediately south of the ball field. Parking is also available in a dirt parking lot immediately east of the ball field adjacent to the equestrian facility. Therefore, no significant transportation effects would result and no mitigation is required. Mitigation: No mitigation measures are required. VII. BIOLOGICAL RESOURCES. Would the ~o~..,~t~ s'.~,,~,t t..~a.. proposal result in impacts to: t~ Mi~lgat~l I[~a la~ a) Endangered, sensitive species, species of m m [] [] concern or species that are candidates for listing? b) Locally designated species (e...,o heritaee~ ~ m [] m trees)? c) Locally designamd natural communities (e.g.. ~ r~ m m oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and n m m [] vernal pool)? e) Wildlife dispersal or migration corridors? m m [] [] f) Affect regional habitat preservation planning m r~ ~ [] efforts? Comanents: The project site is currently developed as a public park and contains no native vegetation or habitat. The mbject ball field is fully improved with a clay infield and turf. Rohr Park is not identified aa containing significant biological resources on the City's General Plan. The Draft Multiple Species Conservation Pro.am (MSCP) Subarea Plan identifies Rohr Park a~ an ~'ea designated for development (developed or take authmSzed). Therefore, no endangered, threatened, or rare plant or animal species are expected to occur on site. Mitigation: No mitigation measures are required. VIII. ENERGY AND MINERAL RESOURCES. ~.~.~a~ ~_.-,~ ~o~, Would the proposal: ~a~, ~ ~-.,~r,~, n~ a) Conflict with adopted energy conservation [] [] [] D plans? Page b) Use non-renewable resources in a wasteful and ~ c~ [] g inefficient manner? c) If the site is designated for mineral resource [] [] [] ~ protection, will this project impact this protection? Comments: The proposed project is consistent with the General Plan Open Space and Conservation Element. The project does not conflict with the recently adopted CO2 Reduction Plan. The proposed project does not result in the use of resources in a wasteful and inefficient manner because the proposed lights will operate during the off-peak hours (after 6:30 PM) when energy reliability is not a primary concern. The project i5 not located in an area designated for mineral resource protection as defined in ~he City's General Plan. Mitigation: No m~tigation measures are required. IX. HAZARDS. Would the proposal involve: ~ ~r~, ~ ~ a) A risk of accidental explosion or release of [] [] [] ~ hazardous substances (including, but not limited to: petroleum products, pesticides. chemica s or radiation)? b) Possible interference with an emergency ~ [] [] ~ response plan or emergency evacuation plan? c) The creation of any health hazard or potential [] [] ~ r~ health hazard? d) Exposure of people to existing sources of [] t~ [] ~ potential health hazards? e) Increased fire hazard in areas with flammable [] [] ,n ~ brush, grass, or trees? Comments: The proposed sports lighting system and base station would not involve operations ~nvolving hazardous substances. The base station is subject to Federal Communieation Commission (FCC) regulations. Sprint has a license to operate fi-ora the FCC and is toque-ed to provide documentation for the proposed base station to the FCC for verification that Federal regulations are met. No significant impacts are expected to occu~ due to compliance with FCC penaitting requirements. A 24-hour power outage is an unlikely event, however, an emergency power generator would be brought to the site if an extended power outage (i.e., in excess of two hours) should occur. These generators have an internal diesel fuel rank t.hat provides a minimum of 24 hours oft-un time. In the event an emergency power generator is needed, a liner would be required to prevent any fuel spillage that could result in a potential fire hazard. Compliance with the condition for a liner would result in a less than significant impact. Page - 6 Mitigation: In the event that an emergency power generator is needed, a liner would be required lO prevent any fuel spillage t~at could result in a potential fire hazard. X. NOISE. Would the proposal result in: ~,,,~a~ ~r~ir~=~ ~,~, a) Increases in existing noise levels? [] rn ca ~ b) Exposure of people to severe noise levels? ca r~ ~ ca Comments: The proposed lighting system and base station are not anticipated to result in a significant increase in existing noise levels. The proposed lighting system will extend the use of the existing sports fields until 10:00 PM Monday through Friday. Weekend night use of the lighted field is not typical, but could occur; however, the light system will not operate past 10:DO PM. The subject hall field is located on the valley floor, approximately 5-feet lower in elevation than Sweetwater Road and the nearest single-family residential units to the north. Therefore, due to the separation from the nearest residential units and the difference in elevation the prbposed sports field lighting system and base station are not anticipated to result in significant noise impacts. Mitigation: No mitigation measures are required. XI. PUBLIC SERVICES. Would the proposal have ~=~.~, ~u,i~.,.~ ~.~ ~,~ an effect upon. or result in a need for new or altered government services in any of the following a) Fire protection? ca ~ ca ~ b) Police protection? [] ca [] ~ c) Schools? [] ~ [] m d) Maintenance of public facilities, including [] ca [] m roads? e) Other governmental services? ta m ca [] Commellts: NO new or altered governmental services will be required to serve the project. The proposal does not impact existing Fire and Police services. Mitigation: No mitigation measures are required. XLI. Thresholds. Will the proposal adversely impact [] [] [] m the City's Threshold Standards? As described below~ the proposed project does not adversely impact any of the seen Threshold Standards. a) Fire/EMS ri o [] [] The Threshold Standards requires that fire and medical uv3ts 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 Comments: The addition of a sports lighting system and base station to an existing sports field does not impact the provision of Fire/EMS services to the site. The City of Chula Vista Fire Deparffnent has indicated thai the3, will be able to meet this Threshold Standard without adding any additional equipment or personnel. 'lTne nearest fire station is approximately 1.5 miles away and the estimated response time is 3 to 4- minutes. Mitigation: No mitigation measures are required. b) Police r2 m o [] The Threshold Standards require that police units must respond to 84% of Priority 1 caIls within 7 minutes or less and maimain 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 Police Threshold Standard would be met as reported by the Police Department. Mitigation: No mitigation measures are required. c) Traffic [] O O ~ 1. City-wide: Maintain LOS "C" or be~ter as measured by observed average travel speed on all signalized arterial Segmen~ except that during peak hours a LOS 'D' can occur for Ilo more than any two hours of the day. 2. West of I~805: Those signalized intersections which do not meet the s~mdard above may continue to operate at their current 1991 LOS, but shall not worsen. Pace - $ The Traffic Section of the Engineering Division has reported that the proposed project will generate an insignificant amount of daily trips associated with the extended usage of the sports fields. Therefore, no significant impact to the City's Traffic Threshold Standard is anticipated. Mitigation: No mitigation measures are required. d) Parks/Recreation o o m m The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities per 1,000 residents east of Interstate 805. Comments: The proposed project does not impact Threshold Standards for Parks and Recreation because the proposal does not result in an increase in population. The proposed lighting structure will provide extended use of an existing recreational facility within a City park. Mitigation: No mitigation measures are required. e) Drainage m [] [] [] The Tltreshold 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 will comply with this Threshold Standard_ Comments: No additional storm water flows would be generated by the installation of the proposed sports lighting system and base station. Therefore, no conflict with the City's threshold is anticipated. Mitigation: No rrdtigation measures are required. Sewer 0 D D 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. The proposed project will comply with this Threshold Standard. Page - 9 No ~wer facilities are required to serve the proposed sports lighting system and base station. Therefore, no conflict with the Ci~'s Sewer Threshold Standard is anticipated. Mitigation: No mitigation measures are required. g) Water t~ o o ~ The Threshold Standards require that adequate storage, treatment, a~d transmission facilities are constructed concurrently with planned grow~ and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicant~ 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: No water service is required to sel~,e the proposed sports lighting system and base station. Therefore, no conflict with the Ci~,'s Water Threshold Standard is anticipated. Mitigation: No mitigation measures are required. XIII. UTILITIES .a24D SERVICE SYSTEMS. Would a~ t~ s~r~ n. the proposal result in a need for new systems, or ~ ~a~,.,,~ ~=~ ~=v*~ substantial alterations to the following utilities: a) Power or natural gas? [] r~ [] [] b) Communications systems? ~ tn ~ r~ c) Local or regional water treatment or [] o rn ~ distribution facilities? d) Sewer or septic tanks? n o o ~ e) Storm water drainage? [] 12 n [] f) Solid waste disposal? r~ rn o [] Comments: The proposed sports lighting system and base station would not result in the need for new systems or substantial alteration of existing utilities. Electrical service will ~ extended to the site from an existing transformer located within the Park. The extension of electrical services would not require new systems to be installed, or alterations of exlsting utilities. No significant impacts to utilities and service systems is anticipated. Mitigation: No mitigation measures are required. Page- 10 XIV. AESTHETICS.. Would the proposal: a) Obstruct any scenic vista or view open to the o o ~ o public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the desnmction or modification of a tn o a ca scenic route? c) Have a demonstrable negative aesthetic effect? a [] [] r~ d) Create added light or glare sources that could n ~ o o 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) Produce an additional amount of spill light? o ~ o [] Comments: The proposed lighting system for the ball field #I$ and the proposed base station are not anticipated to obstruct any scenic vista or view open to the public. The subject ball field is located on the valley floor, approximately 5-feet lower in elevation than Sweetwater Road and the nearest single-family residential units to the north. Dense vegetation including tall eucalyptus trees block most of the view of the ball field from Sweerwater Road and the subject site is separated from Bonita Road (a designated scenic roadway) by the Chula Vista Municipal Golf Course ("Golf Course"). The proposal is not anticipated to obstruct any scenic vista or view open to the public because of the surrounding topography and vegetation and the separation by Sweetwater Road from the nearest single-family residences to the north. These conditions provide an effective shield for residential properties closest to the subject ball field. Additionally, due to the separation from Bonita Road to the south by the Golf Course, and the existing vegetation on the Golf Course and Park, the proposal is not anticipated to cause the destruction or modification of Bonita Road, which is identified as a scenic route in the City's General Plan. The proposed project would create a new source of light and glare on the unlighted ball field and views from the adjacent residential uses could be noticeably affected because of the current absence of lighting at the project site. However, because the Park already contains existing lighting associated with the parking lots and ball fields, the proposed lighting of ball field//18 would not be expected to create a noticeable !ncreasc in light and glare from distant views. Additionally, the proposed lighting system (manufactured by Museo Systems) increases light levels up to 25 % and reduces wasted spill light up to 95%, thereby reducing impacts to surrounding residential properties. In an effort to reduce any potential light and glare impacts to surrounding residential properties the proposed lighting system shall be directed downward to provide the uniform distribution of lighting on to the ball field and soccer field overlay and reduce wasted spill light. Mitigation: 1. The proposed lighting system shall be directed downward to provide a uniform distribution of lighting on to the subject ball field and soccer field overlay and reduce wasted spill light. Page XV. CULTURAL RESOURCES. Would the w,.~au: proposal: s~.tt,~., u,a~ s-,~ia~m~ .~o a) Will the proposal result in the alteration of or c] o ~3 [] the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or c~ 12 [] [] aesthetic effects to a prehistoric or historic · building, structure or object? c) Does the proposal have the potential to cau~ a [] [] - [] [] physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or t2 n [] [] 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? Commellts: The Conservation and Open Space Element of the General Plan does not identify the subject site or surrounding vicinity as an area of potential cultural resources. The project does not include grading for the installation of the sports lighting system and base station; therefore, there would be no significant impacts to cultural resources on the project site. Mitigation: No mitigation measures are required. XVI. PALEONTOLOGICAL RESOURCES. Will the [] [] [] [] proposal result in the alteration of or the destruction of paleontological resources ? The Conservation and Open Space Element of the General Plan does not identify the subject site or surrounding vicinity as an area of potential paleontological resources. The project does not include grading for the installation of the sports lighting system and bas~ station; therefore, there would be no significant impacts to paleontological resources on the project site. XVII. RECREATION. Would the proposal: ~a~ s~w~., ~ o~. a) Increase the demand for neighborhood or o c~ [] [] regional parks or other recreational facilities? b) Affect existing recreationa opportunities? [] [] [] [] c) Interfere with recreation parks & recreation ~ D t3 ~: plans or programs? Comments: The proposed project is a Sports lighting system and base station in an existing City park, which does not affect the need for parks and recreational facilities. The proposed project would extend the use of an existing recreational facility. Therefore, no significant impacts to recreational needs are anticipated from the proposed project. XVIII. MANDATORY FINDINGS OF P~,,,,i~. s~,~i~.~ t~a,~ SIGNIFIC.~CE: See Negative Declaration for ~Jr~,t u,a~ ar,,~, r~ mandatory findings of signi, ficance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade rn rn o ~ the quality of the environmer~t, 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 plant or animal or eliminate important examples of the major periods or California history or prehistory? Comment~: The proposed project is located in a fully developed park in the Cit5, of Chula Vista. The surrounding area is developed with residential uses and a municipal golf course. Neither sensitive plant nor animal resources, noi' historical or archeological resources are present on the site. The proposed project will have no significant impact to the quality of the environment, redaction of habitat of wildlife species or threaten the historical preservation of the area. b) Does the project have the potential to achieve D r~ n [] short-term, to the disadvantage of long-term, enviromental goals7 Con~nents: installation of the sports lighting system and the base station is consistent with the City's General Plan and the City Council approved Draft Multiple Species Conserwffion Plan (MSCP) dated October 9, 2000. The proposed project will not negatively affect long-term enviroaraental goals. c) Does the project have impacts that are [] 0 D [] individually limited, but cumulatively considerable9 CCumulativel · y 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 furore projects.) Comnlents: There are no other current or foreseeable projects in the surrounding area that would contribute to cumulatively considerable impacts. The proposed project is consistent with the Rohr Park Master Plan. Mitigation Measures: No mitigation measures are required. d) Does the project have environmental effects, t3 r~ r~ [] which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The proposed sports lighting system and base station is not anticipated to cause any direct or indirect substantial adverse effects on human beings. The proposed project would not involve operations invoMng hazardous substances. The base station is subject to Federal Communication Commission (FCC) regulations. Sprint has a license to operate from the FCC and is required to provide documentation for the proposed base sta[ion to the FCC for verification that Federal regulations are met. No significant impacts are expected to occur due to compliance with FCC permitting requirements. The proposed project will result in a new source of li~,ht and glare on the unlighted ball field and views from the adjacent residential uses could be noticeably-affected because of the current absence of lighting at the project site. To reduce an3, potential light and glare impacts to surrounding residential properties the proposed lighting system shall be directed downward to provide the uniform distribution of lighting on to the ball field and soccer field overlay and reduce wasted spill light. Mitigation: The proposed lighting system shall be directed downward to provide a uniform distribution of lighting on to the subject ball field and soccer field overlay and reduce wasted spill light. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Aesthetics & Mandatory Findings of Significance 1. The proposed lighting system shall be directed downward to provide a uniform distribution of lighting on to the subject ball field and soccer field overlay and reduce wasted spill light. Hazards i. In the event that an emergency power generator is needed, a liner would be requi~xt to prevent any fuel spillage that could resuli in a potential fire hazard. 3LX. 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 adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. Printed Name and Title of AppliCant or A~thorized Representative Date Signature of Applicant or Authorized Representative Date -- Printed 'lktame and Title of Applicant or Authorized Representative 1/ate/ X~I. ENVIRONqV~ENTAL FACTORS POTENTIALLY Ai;'I,'ECTED: 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. D Land Use and Planning [] Transportation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems l~ Geophysical [3 Energy and Mineral Resources I~ Aesthetics [] Water · Hazards [] Cultural Resources [] Air Quality [] Noise ~ Recreation [] Paleontological [] Mandatory Findings of Significance Resources Paae - 15 XXII. DETEILMINATION: 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 DECLARAI1ON 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 sbe~t have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find 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 sianificant effect in this case because all potentially significant effects (a) have been analyzed a~equately in an earlier EIR pursuant to applicable standards and 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. eggi Environmental Review Coordinator ....... Page. 16 Appendix B THE CITY OF CHULA VISTA' DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council. Planning Commission, and all other official bodies. The following ioformafion must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, matadal supp{ier. City of Chula Vista Cox/Sprint PCS Lucent, 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any perSon' identified pursuant to (1) above is non-prat', organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions. Committees, -and Council within the pest twelve months? Yes No X If yes. please ~dicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Wireless Faci|ities Incorporated ,(WFI) 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or p~eceding election period? Yes No X If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Date:, ~'-/t~-/~7_~ ~'~,~.. , / I~rinl or type'name of contrscto~applicant * Person i~ defined a~: 'Any individual, firm, co-t~rtner~hlp, jotnt vetaure, ax$ocitttion~ social club, fraternal o~ani~t~ti~ cortn~ation~ e~tate, trust, receiver, O*tdicate. this and any other couno. ; ci.tv and countm. ; clt~' m~nicipalit~; diItrict, or ~ther political ~ubdivi~ion, ar arB. other group or combination octlng o~ a unit~ " ' ' ' .,~ ,~.~) ATTACI][MENT 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THJE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-00-58, TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 4548 SWEETWATER ROAD (ROI-IR PARK). A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at Rohr Park, 4548 Sweetwater Road ("Project Site"); and 2. Project Applicant WHEREAS, on May 12, 2000 a duly verified application for a Conditional Use Permit (PCC-00-58) was filed with the City of Chula Vista Planning Division by Cox/Sprint PCS (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting of a 66-foot-high light standard supporting nine antennas, and a 384-square-foot fenced equipment and storage building on the Project Site; and 4. Environmental Determination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study. Such study (IS4H-044) was prepared by city staff, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. WHEREAS, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated Negative Declaration on June 18, 2001, in compliance with CEQA. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on July 11, 2001. 5. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on the Project for December 13, 2000; continued the Project to January 17, 2001; and continued the project again to July I1, 2001; and WHEREAS, at Ihe July 11, 2001 m~eting, the Planning Commission considered a motion to support staff's recommendation for the cellular facility and voted 5-0-1-1 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCC-00-58; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 7, 2001 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on July 11, 2001 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. D. INDEPENDENT JUDGEMENT OF TICIE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgment of the City of Chula Vista City Council. E. INCORPORATION OF MITIGATION MEASURES The City does hereby adopt and incorporate herein as conditions for this approval all applicable mitigation measures,, as set forth in the Environmental Document IS-01-044. Resolution No. Page #3 F. CONDITIONAL USE PERMIT FUqDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's roles and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed cellular facility is necessary to provide and maintain a quality cellular phone system in northeastern Chula Vista, specifically providing service for portions of Highway 54, Sweetwater Road, commercial areas along Bonita Road, and surrounding residential areas in all directions. The cellular facility will contribute to the general well being of the community by facilitating telephonic communication in the area surrounding said facility. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general .welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The project has been conditioned that the applicant prove compliance with the accepted ANSI standards for emissions control. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-00-58 requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-00-58 is approximately proportional beth in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. Land use patterns within the City will not be affected by the granting of PCC-00-58. Monthly maintenance visits that the project may generate will nut result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. The integration of the light standard with other field lights will not he a visual intrusion in Chula Vista. Resolution No. Page #4 G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-00-58 subject to the following conditions whereby the applicant and/or property owner shall: I. Construct the Project as described in thc application, except as modified herein to allow for the light standard and equipment/storage building. Thc light standard shall be no taller than 66-feet, and shall support no more than nine antennas. The telephone, electrical and radio equipment shall be placed in a new 384-square-foot block wall building with shingled roof adjacent to the ball field, and it shall match an existing restroom building to thc south of the new building. 2. Cooperate in good faith with other communications companies in co-locating additional antenna on pole structu~s and/or on the tops of buildings, provided said co-locates have received a conditional use permit for such use at said site from the City. Pcrmittec shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both thc permittec and applicant. 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal repor~ and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 5. Provide one 2A:iOBC fire extinguisher at a location satisfactory to the Fire Marshal upon completion of construction. 6. Obtain all necessary permits from the Chula Vista Building Division and Fire Department. Resolution No. Page #5 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final impection, the applicant shall submit a report to the Director of Planning and Building which provides cumulafve field measurements of facility noises. The report shall quantify the levels and compare the results with current standard specified in the Municipal Code for public and open space uses. Said report shall be subject to review and approval by the Director of Plannlng and Building for consistency with the project proposal dated May 12, 2000 and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 8. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittce of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 10. Upon cessation of the business operations and use of the light standard for antennas by the applicant, the applicant has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remove the antennas from the light standard and equipment from the storage building. Any changes on the conditional use permit shall require modification. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, · claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express Resolution No. __ Page #6 condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 12. Prior to issuance of a building permit, the applicant shall submit a site plan which identifies any and all existing site features which are anticipated to be disturbed/disrupted by cons~-uction activity related to the project and appropriate notes and construction details which describe the construction methods and materials to be utilized to restore site features to original condition. Said site plan is subject to the review and approval by the Director of Public Works and the Director of Parks and Recreation or their designees prior to issuance of building permit. 13. This permit shall expire five (5) years after the date of its approval. After the first five (5) years, Planning staffshall review this conditional use permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether the project shall be modified from its original approval. 14. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 15. A graffiti resistant treaUnent shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 16. The power source for the project shall be independent of existing site facilities. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with SDG&E and City of Chula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the approval of the Director of Public Works, Director of Planning and Building, and Director of Parks and Recreation or designees. 17. Damage of existing park grounds and/or facilities resulting from the installation and/or maintenance of the antenna and equipment building including but not limited to turf areas, walkways, irrigation systems, any and all site utilities and fixtures shall be replaced in kind and under the authority and supervision of the Director of Public Works and Director of Parks and Recreation or designees. 18. Installation and scheduled maintenance of the antenna and related components shall be coordinated with parks operation personnel and on-site recreation staff prior to Resolution No. Pa~e//7 commencement of work to minimize the potential for conflicts with recreation programs occurring at the site. 19. Any disruption or interruption of site service resulting from the inslallation of and/or continued maintenance of the antenna and related components shall be mitigated to the satisfaction of the Director of Public Works and Director of Parks and Recreation or Designees. H. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. L EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. Signature of Representative of Date Cox/Sprint PCS J. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. Resolution No. Page//8 K. ADDITIONAL TERM OF GRANT This permit shall expire five (5) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether or not the antenna height can be lowered. L. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution 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 resolution and the permit shall be deemed to be automatically revoked and of no further force and effect a__b initio. Tm.~ RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE. CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS 7TH DAY OF AUGUST, 2001. Presented by Approved as to form by Robert A. Leiter John ~.//ga~ny Director of Planning and Building City Attorney H:~IOMEIPLANNING\KIM\City Council Resolufions~*CC-00-58 Cox Sprint. Rohr. do¢ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~T COX/SPRINT PC8 mOJF. Cr~..~ " ..o~c~ RohrPark, 'CONDITIO~L USE PERMIT ~RE~: 4~8 ~ater Road Req~st: ~r~d ~ ~mun~o~ ~ ~ ~ up to (9} ~ antennas moun~ on NORTH No S~le tt PCC ~8 a 72 ~t I~ht s~a~. ~ ~u~nt ~ ~ ~ Lighting Specifications 1) Energy Usage a) Lamps shall be 1500 watt metal halide, meet ANSI designation M48PC-1500 Philips MH1500BU or be approved by City equal. Lamps shall be'tOO-watt metal halide, meet ANSI designation M47PA-1000BU Philips MH1000BU or be approved by City equal. b) Manufacture Lumens/Light Scan City shall be provided a computer generated point-by-point light scans: · 155,000 lumens per lamp 1500 watt · 105,000 lumens per lamp 1000 watt c) Maximum kilowatt lighting system consumption shall not exceed: · Softball - 52 kw per hour · Soccer- 58 kw per hour · Basketball/Tennis Courts - 9 kw per hour i) Performance Validation A. City engineers or project engineers will take actual meter reading with manufacture prep present. B. In the owner/engineers opinion if the installation fails to meet minimum performance levels including foot candles, uniformity and maximum kilowatt consumption then the manufacture shall at his expense, provide all field work and materials necessary to reach said standards. The manufacturer shall certify all modifications by a licensed electrical structure engineer. 2) Pole a) High strength alloy tapered tubular steel (meeting ASTM-A595) and hot-dip galvanized (ASTM-123-89a) on both sides. 3) Electrical a) The lighting and electrical equipment shall have a UL Listing. ITL reports due with bid. b) Grounding of electrical enclosure with grounding lug fixed to enclose and sized to except 1/0 conductor. ATTACHMENT B c) Wiring shall be contained inside the cross arms or the pole. Underground wiring, supplied by the installer, shall be enclosed within the pole and concrete base. d) The lighting equipment shall comply to the specified codes including: · National Fire Protection Association (NFPA) · National Electrical Codes · Underwriter's Laboratory CUL) · National Electrical Manufacturers Association (NEMA) e) The ballasts to be located away from the fixture. 4) Maintenance Ease a) The electrical components enclosures are to be approximately 10 feet above pole foundation. b) A positive repositioning for each assembly and will provide automatic repositioning of the aiming after relamping. c) Each ballast conductor will have an individual fuse. d) The electrical components enclosure will have spare fuses and a fuse puller. e) To allow for easy routine maintenance of fixtures from the pole, the maximum cross arm, arm length shall be 60 inches. 5) Warrant~, a) Lamps will have a useful life of 3000 hours for the 1500 watt lamps or 6000 hours for the 1000 watt lamps. b) Individual lamps will be repaired when more than 10% of the lamps are out on any one field or the lamp outages effect the usage of the field. c) Manufacturer shall provide a toll-free number to a full-time service department which shall be staffed by qualified repair personnel. 6) Warranty- 2/7 Year a) Manufacturer shall warrant in writing the entire structure (excluding fuses and lamps). b) Manufacturer agrees in writing to provide labor and materials for a period of two years to replace defective pints or repair defects in workmanship. 2 c) Lumps shall be warranted by the manufacturer in writing not to fail for two years from the date of delivery at no cost to the owner. d) 5% extra and 5 extra fuses for future use. e) Actual light performance meter reading shall be taken and verified at time of completion. O If actual minimum performance levels including foot-candles, tmiformity ratios, and maximum kilowatt consumptions are not in conformance, the Manufacturer will be liable. g) Approved lighting equipment manufacturer must provide references of similar lighting projects within the sate of California where the specifications outlined have been met. h) The lighting manufacturer shall provide a representative on site during installation to provide assistance with the lighting equipment. i) All testing will be done with the entire facility illuminated and a City representative present. j) Horizontal foot-candle readings shall be taken with the meter positioned horizontal 36 inches above grade. k) Testing equipment of foot-candle levels will be calibrated Gossen panalux Electronic 2 or approved by City equal. 1) The manufacturer shall provide a report from the test results with the following items: i) Identify and locate test stations. ii) Horizontal foot-candle readings from each test station. iii) Numb er of hours of operation. m) Point by point analysis. n) Construction must begin and Equipment must be on-site 4-6 weeks from the receipt of signed purchase order. o) The pole strength shall be based on the American Association of State Highway and Transportation Officials (AASHTO). p) All wiring shall be factory wired before coming on-site. q) The pole top luminaire assembly shall be assembled in the factory and computer aimed. 3 r) Electrical enclosure shall attach to the pole with a device that is sufficient to align the enclosure and support weight. s) Each breaker shall provide landing lugs for the conductor that provides power to the pole. t) 60% of the total light output shall illuminate the field. u) The maximum light level at any point 150 feet f~om the playing field shall not exceed .83 foot candles for the Softball Field; .78 foot candles for the Soccer Field; .32 foot candles for the Basketball CoUrt; and .37 foot candles for the Tennis Courts. 7) Wireless Remote On/Off Lighting Control System Functional performance requirements listed herein. a) The lighting control system shall be UL Listed under UL916 - Energy Management Equipment. b) All lighting control equipment shall be in compliance with FCC emission standards specified in Part 15 Subpart J for Class A applications. c) Each element of the control-Link system is subject to FCC rules and will comply with the rules prior to delivery. d) Manufacturer shall submit documentation for approval by the a City Engineering representative and must be approved in writing before shipment. Submittal shall consist of: · Bill of materials · Shop drawings · Wiring diagrams · Product data sheets e) Remote Electrical Controller, per an owner defined schedule, shall be provided by the manufacturer. f) Transmission of the schedule via Intemet will be allowed to provide minimal communication cost. (City option) g) Complete support of all maintenance, software support and communication service shall be manufacturer responsibility for 10 years. h) The manufacturer shall verify all supplied components that the contractor has properly installed and interconnected them. 4 i) The owner's representatives shall be trained by the manufacturer in the operation of the schedule software and remote equipment controllers, including all user fimctiuns. j) During reasonable hours (7 am - 5 pm Pacific Time) technical support shall be available via telephone. k) The manufacturer shall replace any portion of lighting control equipment that fails due to defects in materials or workmanship for ten years. 1) The owners PC operating system shall be a Microsoft Windows 95/98 or NT and have Interact access. The computer shall have the following: · Pentium processor, at least 32 Mbyte RAM, at least 4.3 GB EIDE hard drive, SVGA video adapter, 28.8 Kbps modem · Color monitor (1024 X 768 VGA) · Keyboard, mouse · Printer supported under Windows 98/NT m) Customer schedule requests and changes and operator override commands shall be transmitted fi:om the manufacturer to the remote controllers via a nationwide wireless network. n) The lighting control manufacturer shall provide remote controller with the following features: · Wireless receiver modules, which will accept and transmit wireless message commands. · Each remote controller shall incorporate dry contact relay output signals of the appropriate type. · Each relay output shall be individually controlled, provide a sufficient number of relay outputs at each location to fulfill the operational requirements specified. · Field replaceable electronic assemblies · Controllers shall consist of 4 NEMA enclosures; pre-assembled chasis with communications processors including a wireless receiver, manual override to turn on or off, relay control module with six relays, and power supply. o) The manufacturer provides the OFF-ON-AUTO switch. p) Memory loss shall be protected by the use of appropriate technology. q) In case of power failure the microprocessor will safely halt program, and reboot when power returns. 5 r) At the option of the City standard scheduling and broadcast software allows owners to email manufacturer schedules of on and off times for lighting zones. i) The manufacturer can then use remote receivers to control the lighting system on an unattended basis. ii) Program changes shall be protected via password access. s) At the option of the City systems operations can be provided with Standard Scheduling Softzware. i) Telephone override software allows anyone with the correct password to override individual lighting channels anytime. ii) Accounting and energy management feature allows the owner to track usage of lighting by zone/field for billing entities. t) The Lighting Contactor Cabinet (LCC) shall be factory assembled and wired by a UL Listed panel builder. The LCC shall arrive job site ready. i) The LCC shall be a NEMA 4 rated gasketed enclosure fabricated from 5052 H32 quality aluminum that is a least. 10 thick. ii) Cabinet door shall utilize a lockable, 3-point latching assembly that provides a NEMA 4 rated seal. iii) Sub panel shall be fabricated form 5052 H32 quality aluminum that is at least. 10 thick. iv) Each enclosure shall contain cabinet labeling such as schematics and breaker schedules. u) Control wire termination shall be ready to accept plug in connection with UL Listed terminal blocks on a DIN rail and a 700 volt, 16 amp, IEC type fuse holder fused at 10 amps. All wiring shall be type MTW (Machine Tool Wire) rated for 105 degrees C. w) For power switching the contactor modules shall be configured for 30, 60 and 100 amps. i) Contactors shall be UL Listed for lighting applications and be able to utilize a 120 volt coil and be rated for operation in an ambient temperature range of-40 degrees C to +70 degrees C. ii) Terminal blocks shall be UL Listed. 30 and 60 amp modules shall be sized to handle 2/0 - 14 gauge wire. 100 amp modules shall be sized for 250 mcm - 6 gauge wire. 6 x) For on site manual control, their will be three positions selector switches (Off-On-Auto) monnted through the Lighting Contactor Cabinet door. y) For safety of equipment and personnel, a gronnd bar that accepts up to 15 #12 to//4 gauge wires shall be provided. z) All manufacturers must be approved to bid prior to bid date. Submittals must be received at least 10 days prior to the bid date. Compliance with the criteria set out in this specification must be demonstrated by the documentation. 7 Presented to: City of Chula Vista Lighting Project Chula Vista, California March 13, 2002 Submitted by; NIusco Lighting, LLC 3151 Airway Avenue - Bldg. G-1 Costa Mesa, California 92626 local Phone: 714/540-9335 Toll Free: 800/659-0117 Fax: 714/540-9344 © 1988, Revised 1999 Musco Spoils Lighting, LLC This information is provided by Musco exclusively for this project. Reproduction or distribution of the enclosed documents or information wifhoul the written permission of Musco Lighting, LLC is prohibited. ATTACHMENT C q4/24/2002 16:47 FAX 714 540 9344 .. ]IUSC0 LIGHTING-WEST ~002 ::--- :. ·--...-.. M'usoo Sports Lighting, LLC · ~'-'~ "---' ~ ....... ' ' .... "- West..Reglo. ' .... . .... ' -PhOlte: 949/754-0503 ..... '" COST -EST]_~'~ . Rax: 949/754:0637 ' 15311 B~n-an~a, Pkwy. I)ATE: April ·24, 2002 " I~i.e, cA 9261a TO: Aady Campbe_l~ ..... . . w~.mus0D.com FROZe: '" Michael Marcherd' . '_ '_: .... SUBJECT:.... Cost Estimate .... · PROJE~T:' Rohr park in Chula Vista - Thc followiu§ is our Cost Estimate for the project meufi0]~c~ above. This ~sfimat~-ii~cludes th~' cost fo~:'the light fixtures to be mounted 0a the B2 pole, but does not include iustaZl~tion of salad-. fixtures. ~ ..... POLl'S;" ;two LS2- Oae (.!) LS2 - 7OB..- t27 Two (2) L$2.- 60^ - 7P ' .__ Iaclud~ - Gal~,~nlzed steel tapered pol¢.~ec~ions; pole top assembly'with galv,~ed tubular steel cross m-ms fac~W welded, to.~¢ pole Lops; wire harness with plug-in co~necfious from the - ...... - - -top of the pole to ~h¢ clcctrica~ enclosure box located doTM the pola; el~;Ctrical ~nclosure bo~ pre- wir~d and pre-assembled with ballasts, capacitors, fuscs,.term]nal block, landing lug; az)d safety d/scorm¢ct. I~cludc-s thc pre-st/eSscd concrete column bases with haadhole aecess. ..... A~I pole_structural calculations-and-footing design are provided, and included for subm~tt~'l pUrPosed verified by a Calffomi llccns i structural engineer; Soils survey to be pro~'by' others, if necessary. ' ' ' - · FIXTIJRES: -FortY2Six (4(~) ·*Includes (12) fixtures to be' mounted to 'pole-B2 ~ pole provide,i ~y others.'' -" Musco L8 Glare Control 1500 watt metal halid~iluminaire assemblies complete wi'th fact0U ' wi6ng through th~.c~0s$ arms and factory pm-aiming. ~:.. ' .. Gnaraate~S-- The entire units fi-om ~e p~-i:ast concrete columns to the top of the pole are UI~ · · - listed'with all UL listed' components. MU-sco guarantees the ~ntirc assembly for a per~od o£seven (~) years to be free ~om defects in rear,rial'and w.orkmai~hip.. Musc~ w/ll provide labor and materia(dgring the first.two (2)'years. and rellim'cement parB the remaining five (5) years. Lamp failures flae first twelve (12) months will be replace'al'and installed by Musc0 at no cost to the owner. Musco will repla[:e lamp failures the second year to be installed by others. E.!e._etrieal - To be providedby-others. ' ' 04/24/2002 46:47 FAX 714 540 9344 MU$C0 LIGHTING-WEST ~003 Page 2 Light Performance - Musco assumes all responsibility for field light level requirements and the off-site glare-spill light conlxol requirements per the project plan~ and specifications. Please sec the enclosed computer models for the recommended field light levels. Ali=~nment - Musco warrants accurate aliL3nment of the luminaires on the luminaire a~$embly for a period of seven (7) years. Specifications - Includes prov/ding all of the lighting performance specifications, as well as, the structtrral design. Technical Consultation - Musco will provide technical on site aazi~-~anec az required by the City or Installing Conlxactor. All fmc tune almirlg, ffnecessary, will be Musco's responsibility. This service is provided as a courtesy. Installation - Includes complete installation of five Mmsco base~ (Al, A2, BI, C1, C2), poles, and fixtures. Includes installation of an electrical pull box, ground md, ground wire, and conduit sweep from the pull box into the concrete base at each of thc five poles. Exclusions include: power to thc poles, sub-standard soil conditions (boulders, high water table, etc.), and permits. COST ESTIMATE: Poles and Fixtures: Includes aH the aforementioned products and services. COST: $55,522.00 Installation - Includes complete installation, as described above. COST: $21,000.00 10 Club Adder - 10-Club service includes all mate~/als and labor to maintain operation ofthe system to the original design criteria for ten (10) years. The service includes regular monitoring of the system, toll-free access to Mnsco's maintenance Department, and an insurance policy that guarantees thc fall ten (10) years of service. Lamps are group replaced on or before the lamps exceed their useful life and/or at the end of l0th year. Individual lamp outages are repa/red as follows: 1. When more than 10% of the lamps ar~ out on anyone field. 2. When lamp outages materially impact the usage of any field. Exclusions are vandalism, major storms or lightning, failure of owner's electrical service, or unauthorized alterations. Based on 300 hours ofaunual usage. COST: $6,118.00 If you have any questions or concerns, please feel free to contact me. I will be happy to meet with you at your convenience_ Thank you for your interest in Musco Lighting. Table of Contents ITEM A SPECIFICATIONS ITEM B COMPUTER MODELS - INITIAL/MAINTAINED SCANS 250' Radius Softball Drawing #ASBS01-I dated 06-Oct-1999 ITEM C COMPUTER MODELS - EXTENDED SCANS 250' Radius Softball Drawing #ASBS01-1 dated 06-Oct-1999 ITEM D COMPUTER MODELS - INITIAL/MAINTAINED SCANS Soccer 330' x 225' Drawing #SO165-1 dated 23-Nov-199c) ITEM E COMPUTER MODELS - EXTENDED SCANS Soccer 330' x 225' Drawing #SO165-1 dated 23-Nov-19c29 ITEM F COMPUTER MODELS - INITIAL/MAINTAINED SCANS Outdoor Basketball Court 94' x 50' Drawing #BA103-1 dated 03-Mar-2000 ITEM G COMPUTER MODELS - EXTENDED SCANS Outdoor Basketball Court 94' x 50' Drawing # BA 103-1 dated 03-Mar-2000 ITEM H COMPUTER MODELS - INITIAL/MAINTAINED SCANS Tennis Courts Drawing #TE 107-1 dated 24-Nov- 1999 ITEM I COMPUTER MODELS - EXTENDED SCANS Tennis Courts Drawing #TE 107-1 dated 24-Nov- LIGHTING EQUIPMENT SPECIFICATIONS The purpose of the specifications is to define the performance and design standards for the lighting project in the City of Chula Vista. The manufacturer .shall supply lighting equipment to meet or exceed the following cdteda. A. PLAYABILITY 1. Ini~l Ught Levels The average initial light levels shall be as stated below. Area of Ughflng Average Initial Footcandles Field Infield Outfield Softball 66.08 40.04 Field Entire Field Soccer 38.39 Basketball Court 50.08 Tennis Couds 40.18 2. Target Maintained Ugld Levels The average target maintained light levels shall be as stated below. Area of Ughling Average Target Footcandles Field Infield Outfield Softball 50 30 Field Entire Field Soccer 30 Basketball 40 Tennis Courts 30 3. Ughf Loss Factor The light loss factor used to determine the forget light levels shall be o maintenance factor of .8 multiplied by the lamp tilt factor. /vtointenonce factor is calculated os follows: ambient temperature factor (i) x voltage factor (ii x ballast factor (1} x lamp lumen depreciation depreciation (.95} per I.E.S./vtonuol RP-6-88, p. 92. 4. Uniformities The uniformities at the playing field shall be measured by comparing the maximum reading to the minimum reading. The ratio shall not exceed the following: Reid Infield Ouffield Softball 2.0:1 2.5:1 Reid Entire Field Soccer 2.0:1 Basketball 2.0:1 Tennis Courts 1.5:1 5. Weight Reduction on the Crossarm To prevent crossarms from sagging resulting in potential fixture misalignment, the ballasts shall be mounted in an electrical components enclosure on the pole separate from the fixture mounting. 6. Structural Strength To prevent misalignment of any Iuminoires or damage to the crossorms or its components, the crossarm, reflector, and its attachment to the pole shall be able to structurally withstand winds of 125 mph with a !.3 gust factor. Luminaires shall be attached to the crossarm by a minimum of two bolts, which shall be stainless steel and Empigard coated. There shall be no penetrations of the top or sides of the crossarms. 7. Mounting Heights To ensure proper aiming angles for reduced glare and to provide better playabilih/, the pole mounting heights from the playing field surface shall be 40, 60, and 70 feet. 2 B. MAINTENANCE EASE 1. Elecldcal Components Enclosure Location To provide easy access to major electrical components, the electrical components enclosure shall be located approximately 10 feet above grade at the pole foundation. 2. Aiming Recapturing Device To assure quality of lighting on the field is maintained, light f'~ures shall have a positive repositioning device for each luminaire on the assembly. The device shall provide for automatic repositioning of the aiming after relamping. In addition, there shall be a stainless steel bolt and nut to secure the alignment. 3. Labeled Assembly For easy identification and reduced maintenance time, each ballast, capacitor and fuse is labeled to identity the fixture Jt services. 4. Elec~cal Components Enclosure Fusing To prevent multiple failures, an individual fuse shall be provided for each ballast conductor except neutral conductors. 5. Spare Fuses For ease of maintenance, spare fuses and a fuse puller will be located in the lowest numbered electrical components enclosure. 6. Crossarm Length To allow for easy routine maintenance of fixtures from the pole, the mum crossarm arm length shall be 60 inches. C ~ ~ 1 ~losed Wiring To protect from deterioration from exposure to the elements, all wiring shall be contained inside the crossarms or pole. Ballast Heat Isolated from Fixtures To reduce stress on entire electrical system for longer durability, the ballasts shall be located away from the fixture. 3. Aluminum Electrical Enclosure To facilitate adequate heat dissipation from the ballasts, the electrical enclosure shall be fabricated of .080 inch thick aluminum (5052-H32 aluminum box). The electrical enclosure shall be further coated with a polyurethane powder coat paint to provide protection from oxidation of the aluminum. 4. Intemal wire Rating To ensure longer durability, internal wiring shall be routed away from ballast cores, rated for at least 90 degrees C, and suitable for the voltage and amperage involved. Luminaire manufacturer shall supply UL temperature test of electrical components enclosure. 5. Die Cast Aluminum Knuckle and Cone Assembly To prevent corrosion, the knuckle and cone assembly for each fixture shall be of die cast aluminum construction and coated with a polyurethane powder coat paint. 6. Stainless Steel Fasteners, Bolts, and Hinges To prevent interaction with galvanized materials, all latches, hinges and non-current carrying fasteners shall be stainless steel and shall further be coated with a clear thermoset polymer coating such as Empigard. 7. NEMA 3R Rated Electrical Components Enclosure To provide protection against weather-related elements, the electrical box shall be a NEMA 3R rated gasketed enclosure to house the ballasts, capacitors, fuses, thermal magnetic circuit breakers, and terminal blocks. 8. Factory Assembled Wlre Hamess To ensure quality and consistency of the lighting equipment, the internal pole wire harness shall be assembled in the factory as a pad of the lighting equipment and will be covered under the mar~ufacturer's equipment warranty. a. Strain Relief/wire Mesh Grip To protect wire harness from expensive and time-consuming repairs caused by strain on the connection, the wire harness shall be suppoded at the top of the pole by a stainless steel wire mesh grip matched to the size of the harness. There shall be not more than 13 conductors suppoded by a single wire mesh grip. If the harness is longer than 70 feet, an interim wire mesh gdp support shall be located approximately half way down the pole. 4 b. Pole Attachment for Wire Harness To eliminate the wire harness from being accidentally removed, the wire mesh gdp shall be mechanically attached to the pole to an enclosed snap hook. c. Spiral Wlnding of Wire Hamess To prevent expensive and time-consuming repairs caused by slippage of individual conductors, the wire harness is continuously spiral wound. The wire harness being supported by the wire mesh grip shall consist of multiple 14 gauge THHN conductors. d. Mylar Wrap of Wire Harness To prevent slippage of individual conductors within the wire harness, the wire harness shall be bound with mylar wrap. e. Abrasion Protection Sleeving for Wire Harness To protect the wire harness from being damaged by buffeting against the interior surface of the pole, the wire harness shall be completely encased in flexible abrasion resistant sleeving beginning no more than 32 inches from the top of the wire harness and ending no more than 5 inches from the bottom of the wire harness, if additional wire mesh grips are provided, the sleeving shall begin no more than 4 inches above and below the grip. f. Labeling of Wires In the Wire Hamess For easy fixture reference, all wire harness conductors shall be color- coded. g. Plug-in Connections for the Wire Harness To assure consistent, accurate results, each end of the wire harness shall be terminated into a plug-in with conductors sequenced consistent with the pattern for the wiring connection identifier provided by the manufacturer. h. Testing of Wire Harness To assure solid connections in the field, all conductors and plug-ins shall be tested for resistance underload, for continuity, for schematic sequence, and for insulation integrity. Pole Material For added durabilih/, the poles shall be high strength Iow alloy tapered tubular steel meeting ASTM-A595 standards, and shall be hot-dip galvanized inside and out to ASTM-123-89a standards. All connections of pole sections shall be by slip fitting the top section over the lower section by a length of at least 1.5 diameters of the pole section. 5 1. UL Listing To provide independent assessment of equipment and system safety, the lighting and electrical equipment shall have a UL Listing. This listing shall be based upon UL testing and evaluation of: the compatibility of the structures, enclosures and the components for use in combination with this application in addition to the individual components being UL Listed or recognized. 2. ITL Reports To be submitted with bid. Failure fo do so will be cause for immediate rejection of bid. 3. Grounding Lug within Electrical Components Enclosure For the safety of personnel and protection of the equipment, one grounding lug shall be supplied within the electrical enclosure which is rigidly fastened to the enclosure, sized fo accept up to a 1/0 conductor. Enclosed Wiring Because the additional structures often required to support overhead wiring systems can present safety hazards for players and spectators, all wiring shall be contained inside the crossarms or the pole. Since the overhead wiring is exposed to ~na, lightning, aha other elements causing deterioration over time, underground wiring, supplied by the installer, shall be enclosed within the pole and concrete base. ~ Compliance to Specified Codes The lighting equipment shall comply with the codes as specified including, but not limited to: National Fire Protection Association [NFP^) 780 Lightning Protection National Electrical Codes Underwriter's Laboratory (UL) National Electrical Manufacturers Association (NEMA) Standard 250- 1991 tot Enclosures for Electrical Equipment Ughtning Protection Meeting NFPA 780 Code For added protection against lightning, all structures shall be equipped with lightning protection meeting standards established by NFPA 780 (National Fire Protection Association). At each structure, the contractor shall provide at each structure at least one copper-clad steel ground rod of not less than 5/8 inches in diameter and not less than 10 feet in length. An 8 foot ground rod would be permissible provided it extends vertically into the eadh at least 10 feet. 6 1'he ground rod(s) shall be connected to the structure by a copper main down conductor. This conductor shall be not less than a #2 conductor if the structure is 75 feet or less above grade. If the structure is greater than 7.5 feet above grade, the conductor shall be not less than a #2/0 conductor. For steel poles, the main down conductor shall extend from the base of the steel pole to the ground rod{s) and shall be bonded to the steel pole and the equipment ground. All metal components on the pole shall be bonded to the pole. The pole manufacturer must supply a grounding lug inside the pole. All main down conductors and all bonding conductors shall maintain a horizontal or downward coursing path, free from "U" or '¥' Idown and back upi pockets. Such pockets, often formed by metal components mounted below the pole top bond location, shall be provided with a down conductor from the base of the components to ground or to an adjacent main down conductor. No bend of any conductor shall form an included angle of less than degrees nor shall it have a radius bend of less than 8 inches. 7. Thermal Magnetic Breaker/Disconnecting Device To provide for the safety of personnel, each pole shall include an electrical enclosure equipped with a UL Listed thermal magnetic circuit breaker that disengages electrical power to the pole with the operation of one switch. The breaker shall be located in a compartment separate from any capacitors or ballasts. The manufacturer shall provide a set of factory wired L~ distribution terminal blocks to provide for termination of all ballast connection wiring. ENERGY USAGE 1. Lamp Type Lamps shall be 1500 watt metal halide and shall meet ANSI designation M48PC~1500 BU and be Philips MH 1500BU or an approved equal. Lamps shall be 1000 watt metal halide and shall meet ANSI designation M47PA-1000 BU and be Philips MH 1000BU or an approved equal. 2. Lumens per Lamp Manufacturers shall supply computer generated point-by-point light scans based on 15.5,000 lumens per lamp for 1500 watt; 105,000 lumens per lamp for 1000 watt. 7 3. Maximum lalowafl Consumption To reduce energy costs, the kilowatt consumption of the lighting system shall not exceed 51.20 kw per hour for the Softball Field; 57.60 kw per hour for the Soccer Field; 8.56 kw per hour for the Basketball Court and Tennis Courts. 4. Manufacturer's Responsibility for Not Meeting Specifications To ensure compliance with the specifications, at the completion of the project and in the presence of the contractor, project engineer, owner's representative, and manufacturer's representative, an actual light performance meter reading shall be taken and verified. If, in the opinion of the owner or his appointed representative, the actual minimum performance levels including footcandles, uniformity ratios, and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information, the manufacturer shall be liable fo any or all of the following: a. The manufacturer shall, at his expense, provide field service work and materials, up to and including additional fixtures, necessary to meet the minimum lighting standards. If additional fixtures are added, the manufacturer shall replace the existing poles to meet the new windload (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional fixtures required. b. In addition, the manufacturer shall vedfy by cedificafion by o licensed electrical engineer that the electrical system will propedy suppod the additional fixtures, or shall, at his expense, replace or upgrade the system as required. 5. Beam Control Fixtures In order to turn wasted spill light into useable light on the field resulting in lower energy consumption, that the reflector system design of the approved lighting fixture shall place more than 60% of the total light output below the maximum candlepower point and thereby onto the field to be illuminated. Spill/Glare Light - Level 8 a. Beam Definition - The approved lighting fixture shall not exceed the candlepower of specified degrees above the maximum candlepower in the vertical plane as specified in the following table. 12,000 candlepower is the unit of luminous intensity that often begins to cause discomfod and interfere with vision. 8 Nema Type Reflector Candlepower Degrees Above the Center of the Beam in the Vertical Plane 2H x 3V 12,000 19 degrees 3H x 3V 12,000 19 degrees 4H x 4V 12,000 19 degrees 5H x 5V 12,000 26 degrees 6H x 5V ! 2,000 28 degrees b. Lower beam definition - To fudher define the fixture beam, the minimum candlepower that may be achieved below the center of the beam is described in the following table. Photometric repods from an independent testing laboratory must be provided to prove the capability of achieving specified performance: Nema Type Reflector Minimum Candlepower Degrees Below the Center of to be Achieved the Beam in the Vertical Plane 2H x 3V 964,900 -1.5 degrees 3H x 3V 520,200 -1.5 degrees 4H x 4V 355,100 ~2.5 degrees 5H x 5V 201,390 -4.0 degrees 6H x SV 154,500 -4.0 degrees Spill/Glare Light - TLC c. Beam Definition - The approved lighting fixture shall not exceed the candlepower of specified degrees above the maximum candlepower in the vertical plane as specified in the following table. 12,000 candlepower is the unit of luminous intensity that often begins to cause discomfort and interfere with vision. Nema Type Reflector Candlepower Degrees Above the Center of the Beam In the Vertical Plane 2H x 2V 12,000 15 degrees 3H x 3V 12,000 19 degrees 4H x 4V 12,000 16 degrees 5H x 5V 12,000 25 degrees 5H x 5V 12,000 25 degrees d. Lower beam definition - To further define the fixture beam, the minimum candlepower that may be achieved below the center of the beam is described in the following table. Phatametric reports from an independent testing laboratory must be provided to prove the capability of achieving specified performance: 9 Nema Type Reflector Minimum Candlepower Degrees Below the Center of to be AChieved the Beam in the Vertical Plane 2H x 2V 993,191 -1 de~lrees 3H x 3V 510,110 -1.5 degrees 4H x 4V 311,680 -2.5 degrees 5H x 5V 190,450 -4.0 degrees 5H x 5V 153,180 -4.0 degrees 6. Two-Level Ughting Option To allow for additional savings in energy consumption, the lighting fixtures shall be equipped with a dimming system as described below: a. Mode of Operation The mode of operation (high/Iow) shall be determined by a key switch located on the dimming circuit control box. With key switch on high, the system is fo operate at normal lamp wattage. With key switch on Iow, the system starts on high and switches automatically after ten minutes to reduce the lamp wattage. The lamps will continue to operate in the Iow mode until the system is de-energized or the key switch is changed to the high position. b. Operation of Lamps The system allows for operation of the lamps at either 1500 or 100C watts. The system may be switched from Iow to high to Iow at any time after the initial warm-up phase with no interruption of the light output. c. Malfunction During Operation Dimming system malfunctions shall not affect normal operation of this lighting system. d. Multi-Watt Control Panel Panel shall consist of a fiberglass box 19 inches high x 16 inches wide x 9 inches deep, NEMA type 4X enclosure. Box shall have a key switch for high/Iow operation, and terminal stdps as required for.this lighting system. The equipment shall be Musco Ughting, LLC #MW-l, or approved equal. e. Contractor to Supply the Following: One pair of control wires per pole to connect the ballast boxes to the control box, assuming there is only one switching zone. f. Umitations On multiple field installations, one control box is required per field. I0 1. Warranty - Ten Club Service a. Assurance Manufacturer will provide services including all materials and labor to maintain operation of sports lighting equipment for ten years. b. Conditions (1) Lamps will be group replaced af such time the lamps exceed their useful life, which is 3,000 hours for the 1500 watt lamps (or which is 6,000 hours for the 1000 wall lamps). Individual lamp outages will be repaired when any one of these events occur: (a) when more than 10% of the lamps are our on any one field (b) when lamp outages materially effect the usage of the field (2) Regular monltodng - Manufacturer shall provide regular monitoring of the lighting equipment. (3) Preventative and spot maintenance - Manufacturer shall provide preventative and spot maintenance as needed to mainfain operation of the sporfs lighting equipmenf. c. limitations Maintenance, repair or replacemenf necessitafed by loss or damage resulting from any external causes such as: (1) vandalism (2) major storms and lightning (3) unaufhorized repairs or alterations (4) failure of owner's electrical service d. External loss or damage repair Customer may authorize the manufacturer to complete maintenance, repair or replacement of non-covered ifems for an additional fee. e. Service Contact Manufacturer shall provide a toll-free number fo a full-time service department which shall be staffed by qualified repair personnel. 11 t. Assurance Guarantee Manufacturer shall be responsible for and provide the warranty services. To assure tull compliance with this warranty, manufacturer shall provide the Owner with a signed Certificate of Insurance which guarantees the commitment for the entire ten years as to each of the above terms. The insurance policy shal be ~ ~ fully funded on an acfuarially sound basis and underwritten by a ~(~X~, ~,,,) top-rated insurance company. 2.~' 'Warranty - 2/7 Year a. Manufacturer shall warrant in writing the entire structure (excluding fuses and lamps) to be free from defects in materials and workmanship for a period of seven years starting from the date of delivery. b. Manufacturer agrees in writing to provide labor and materials for a period of two years to replace defective parts or repair defects in workmanship, or, at its election, to pay reasonable costs of labor for such repairs. For the remainder of the warranty period, replacement materials will be provided at no charge. c. Lamps shall be warranted by the manufacturer in writing not to fail for two ,/ears from the date of delivery. Lamps which fail during the first year of the warranty period will be replaced and installed at no cost to the owner. Lamps which fail during the second 12 months will be replaced by the manufacturer but installation will be the owner's responsibility. d. Manufacturer warrants in writing accurate alignment of the luminaires on the luminaire assembly for a period ct seven years starting from the date of delivery. e. The contractor shall furnish to the owner of the facility 5% extra end 5 extra fuses for future use. f. At the completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, actual light performance meter reading shall be taken and verified. g. If, in the opinion of the Owner or his appointed Representative, the actual minimum performance levels including footcandles, uniformity ratios, and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be liable to any or all of the following: h. The Manufacturer shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Manufacturer shall also either replace the existing poles to meet the new wind Icad (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind Icad. i. The Manufacturer shall minimize the Owners additional long term f'~ure maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $1,000.00 (one thousand dollars) for each additional fixture required. ]. The Manufacturer shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. 3. Manufaclurer's Guarantee To assure compliance to the specifications for light levels, light loss factor, and uniformities, the manufacturer shall submit a written letter of guarantee. 4. Product References The approved lighting equipment manufacturer must provide references of similar lighting projects within the state of California where the specifications outlined have been met. 5. Manufacturer's Representative On-site Visit To provide assistance with the lighting equipment, the lighting manufacturer shall provide a representative to be on-site during installation. 6. Inspection and Te~ting Procedures a. All testing will be done with the entire facility illuminated. b. Horizontal footcandle readings shall be taken with the meter positioned horizontal 36 inches above grade. c. Testing equipment for measurement of footcandle levels shall be a calibrated Gossen Panalux Electronic 2 or an approved equal. d. For final approval of the project, the manufacturer shall provide a final report from the test results that shall provide the following items: I1) Identification and location of the test stations. (2) Actual horizontal footcandle readings taken at each test station. (3) Number of hours of operation. 13 6. Landing Lugs in Electrical Box To allow faster, more reliable installation, the breaker in each electrical components enclosure shall provide landing lugs for the conductor that provides power to the pole. 7. Maximum Pole Section Length No single component of the pole shall be in excess of 41 feet. 8. Maximum Pole Section Weight No single component of the pole shall be in excess of ] 840 lbs. 9." Installation Instrucitons and Video To assure correct, trouble-free installation, installation instructions featuring photographs, graphics, and written instructions shall be provided by the manufacturer of the lighting equipment. In addition, o videotape showing on overview of the installation of the system shall be provided. ! O. Universal Crossarm Orientation To make pole alignment easier and more reliable, the pole foundation shall be designed so the pole can be rotated in any direction to allow for universal orientation of the crossarms to the playing field I 1. Single Shipment Delivery ^11 lighting equipment and poles shall arrive at the job site at the same time. H. TRESPASS LIGHT CONTROL 1. Beam Control Fixtures To control wasted spill light and glare, the reflector must place more than 60% of the total light output in the lower portion of the projected light below the maximum candlepower point and thereby onto the field to be illuminated. 2. Off-site Maximum Ught Levels To control off-site glare, the maximum light level at any point !,50 feet from the playing field shall not exceed .83 footcandles for the Softball Field; .'78 footcandles for the Soccer Field; .32 footcandles for the Basketball Court; and .37 footcandles for the Tennis Courts. footcandles. The light shall be measured with the meter aimed toward the brightest light bank. 16 I. RELESS REMOTE ON / OFF LIGHTING CONTROL SYSTEM (CONTROL-UNKTM) This section includes the wireless remote lighting control system suitable for control ..of remote equipment using a nationwide wireless network. Software features are tailored to control equipment in parks and recreation facilities but not limited to these applications. The remote controllers shall be suitable for control of electrical equipment in multiple locations. 1. Acceptable Manul~acturers The basis of design is the Control-Link Series by Musco. Similar systems tram other manufacturers, that tully meet the functional and performance requirements listed herein, will be considered. A detailed line-by-line compliance comparison of any alternate system shall be submitted for the Engineer's review. Exceptions and non-compliance shall be cleady identified. It is the sole responsibility of the Electrical Contractor to ensure and demonstrate that all equipment meets the specifications. 2. Safely Standards a. The lighting control system shall be UL Listed under UL916 - Energy Management Equipment. b. All lighting control equipment shall be in compliance with FCC Emission Standards specified in Pad 15 Subpad J for Class A applications. c. Each element of the Control-Link system is subject to FCC rules and will comply with the rules prior to delivery. 3. Submiltals Submittal documenlatJon shall be furnished by the manufacturer for approval by the Engineer and must be approved in writing prior to shipment of any equipment from the manufacturer. The submittal shall consist of: a. Bill of Materials. An itemized list of all materials, software, and labor being supplied. b. Shop Drawings. Dimensional drawings of all equipment. c. Wiring Diagrams. Typical wiring diagrams for all components. d. Product Data Sheets. Performance specifications for each hardware and software component provided. 4. Customer Suppod Services a. Communication System. The manufacturer shall be responsible to provide a transmitting system to operate the Remote Electrical Controller per an owner defined schedule. b. The system shall allow for transmission of the schedule via Internef to provide for minimal communication cost. c. The manufacturer shall be responsible for !0 years of complete suppod of the equipment to include, all maintenance, software suppod and communication service other than owners access to the Internet and communication method to Control-Link Central. d. The owner shall be provided regular reports via the Internet confirming operating schedules per site and per user. e. Commissioning. The manufacturer shall supply factory-authorized representatives to start up all equipment and demonstrate full compliance with this specification. They shall verity that the contractor has properly installed and interconnected all supplied components. f. Training. The manufacturer shall train the owner's representatives in the operation af the schedule software and remote equipment controllers, including all user functions. g. Technical Suppod. Technical help via telephone shall be available dudng reasonable hours. 5. Warranty a. Installation Warranty. A written warranty shall be supplied by the manufacturer agreeing to replace any portion of the lighting control equipment that fails due to defect in materials or workmanship for a period of (10 years). b. Warranty Commencement. Warranty shall begin at the point of substantial completion of the system, which is defined as the date when commissioning is complete and the owner begins to realize beneficial use of the system. 6. Scheduling Computer The owners PC or optional manufacturer's supplied PC shall be a personal computer. Its operating system shall be a Microsoft Windows 95/98 or NT and have Internet access. As a minimum, the computer shall consist of: 18 (1) Pentium processor, at least 32 Mbyte RAM, at least 4.3GB EIDE hard drive, SVGA video adapter, 28.8 Kbps modem (2) Color monitor (1024 x 768 VGA) (3) Keyboard, mouse (4) Printer supported under Windows 98/NT a. Nationwide Wireless Network. Initially, customer schedule requests and changes and operator override commands shall be transmitted from the manufacturer to the remote controllers via a nationwide wireless network. As new technologies are developed, manufacturer will incorporate new features and capabilities to controller. These enhancements to the remote equipment controller shall be transparent to the end user and will be provided as part of the sewice and warranty contract. The end user shall be responsible for providing and maintaining access to the Intemet in order to send and affect schedules, and receive report feedback 7. Ilemote Equipment Controller The lighting control manufacturer shall provide factory assembled, tested, and bumed in remote controllers with the following features at a minimum: a. Wireless receiver modules which will accept and transmit wireless message commands. b. Each remote controller shall incorporate dry contact relay output signals of the appropriate type, rating, and quantify to control the lighting contactors as shown in the plans and specifications. c. Each relay output shall be individually controlled; it shall be the responsibility of the lighting control manufacturer to provide a sufficient number of relay outputs at each location to fulfill the operational requirements specified on the plans. d. Operating ambient temperature range: -6oC to 50oC, storage temperature range: -40oC to +85oC e. Field replaceable electronic assemblies f. Each controller shall consist of: (1) NEMA 4 enclosure with locking cover which shall contain all electronic equipment and contain no knockouts. 19 (2) Chassis. The chassis shall be pre-assembled and contain all relays, electronic circuit boards and the power supply. Controller Chassis shall include: (a) Communications processor including a wireless receiver plus connection to antenna. (b) Manual override control which shall turn on or off individual relay circuits until the next scheduled action. (c) Relay control module with six (6) relays (dl Power supply g. Security. Panels shall have Iockable doors. h. OFF-ON-AUTO function. The OFF-ON-AUTO switch is provided by the manufacturer. The three position switch will control each lighting zone which controls the contactor(s) directly. In the OFF position all contacts are open. In the ON position the ON set of contacts close, closing the circuit to the control relay and closing the contactor. In the AUTO position, the AUTO contacts are closed providing power to the common of the Remote Equipment Controller JRECI relay. The REC program will close contacts (COM & NO) closing the contactor. The ON contacts are open in this position. The contacts on the OFF-ON-AUTO switch are make before break so that the switch may be moved between ON and AUTO without de-energizing the circuit. 8. Confrol Capabilities Each panel shall provide the following features as an integral part of its firmware. a. Memory Loss Protection. Memory shall be protected by using EEPROM technology. The real time clock setting and current time shall be protected by lithium battery backed non-volatile memory in the event of a power failure. Backup time shall be ten years. b. Power Fail Recovery. The microprocessor shall continue to operate whenever incoming power is within the rated voltage tolerance. When incoming power fails, the microprocessor shall automatically halt program execution in a safe manner. Upon return of power, the microprocessor shall automatically reboot and return the panel to normal operation. Any on/off commands that would have occurred during the power outage will be automatically reissued upon restoration of power. 2O c. Suitable Contactor Types. The Remote Equipment Controller shall provide a continuous contact closure signals to operate the standard lighting contactors namely electrically held, contact clearing magnetically latched, and contact clearing mechanically latched. 9. Lighting Control Software a. Standard Scheduling and Broadoasf Software. This is the fundamental function of the lighting control system which permits the owner to define daily on and off times for each lighting zone. The owner sends an email schedule to manufacturer, manufacturer broadcasts schedule commands to the appropriate remote receivers on an unattended basis. b. Seourify. Program changes shall be protected via password access. Secudty codes shall be assignable so that different operators shall have different levels of access to the system. 10. System Operations These options may be pr6vided with the Standard Scheduling Software or may be added later. a. Telephone Override. This standard software feature provides a simple-to-use interface allowing anyone anywhere to override individual lighting channels by simply phoning a 24/7 control and knowing the appropriate passwords and control codes. b. Accounting and Energy Management. This optional management service feature enables the owner to track usage of lighting by zone/field and by user for purposes of billing the responsible entities. c. Lighting Maintenance. This optional management service feature tracks runtime hours and number of start-stop cycles for purposes of economically predicting relamping and reballasfing needs in advance. 11. Installation Install the lighting control equipment according to the manufacturer's written instructions. i 2. Control Wiring Installation Install and hard wire all connections for each remote equipment controller. 13. Field Quality Conlrol a. Manufacturer's Field Services. Arrange and pay for the services of factory-authorized service representatives fo commission, test and program the lighting control panels. b. Test Labeling. All equipment shall have test labels applied by the manufacturer that are clearly visible. 14. Commissioning Refer to Section 1.4.e. of Customer Support Services for details regarding commissioning. J. UGHTING CONTACTOR CABINET (LCC) The manufacturer shall pravide a factory-assembled Lighting Contactor Cabinet that is custom designed for lighting systems and other electrical power cantrol applications. !. Factory-assembled Ughting Contactor Cabinet - The Lighting Contactor Cabinet shall be factory-assembled and wired by a UL Listed panel builder. The LCC shall arrive jab site ready for structural attachment to an existing wall, switchgear rack or free standing enclosure. The cabinet shall structurally consist of the following: a. Enclosure Cabinet - To provide protection against corrosion, the contactor cabinet shall be a NEMA 4 rated gasketed enclosure fabricated from 5052 H32 quality aluminum that is at least. 10 thick. The enclosure shall be further coated with a polyurethane powder coat paint after fabrication to provide protection from oxidation of the aluminum. b. Cabinet Door - For safety of personnel and equipment, daor shall be electrically bonded to the cabinet enclosure. Cabinet door shall utilize a Iockable, 3 point latching assembly that provides a NEMA 4 rated seal c. Subpanel - Built-to-order subpanel shall be fabricated from 5052 H32 quality aluminum that is at least .10 thick. The panel shall be pre-punched to specific contactor canfigurations and further coated with a polyurethane powder coat paint. Panel shall be electrically bonded to the exterior enclosure. d. Cabinet Labeling - For easy identification and maintenance, each enclosure shall contain typical control and power wiring schematics as well as project specific control schematics. For easy installation, each cabinet shall be labeled to match the field diagrams, pole identification, breaker schedule, and other applicable components. 22 2. Control Wire Terminations - To allow for fast, labor saving installation, fha control wire terminations shall be ready to accept plug-in connection from a remote equipment controller and additional contactor cabinets. The control wire terminations shall include UL Listed terminal blocks mounted on a DIN rail and a 600 volt, 16 amp, IEC ~ype fuse holder fused at 10 amps. All control wiring internal to the cabinet shall be type MTW (Machine Tool Wire) rated for 105 degrees C. 3. Diagnostic Equipment - To allow for future diagnostic features, the subpanel shall be pre-punched for mounting the diagnostic devices. 4. Conlactor Modules - For power switching the contactor modules shall be custom configured for 30, 60 and ! 00 amps. a. Contaclors - Contactors shall be UL Listed for lighting applications. They shall be rated at full capacity, be electrically held, utilize a 120 volt coil and be rated for operation in an ambient temperature range of -40 degrees C to +70 degrees C. b. Terminal Blocks - Terminal blocks shall be UL Listed. 30 and 60 amp modules shall be sized to handle 2/O-14 gauge wire. 100 amp modules shall be sized for 350 mcm-6 gauge wire. If required, neutral blocks shall be provided next to the terminal blocks. 5. Manual Off-On-Auto Selector Switches - For on-site manual control, three position selector switches IOff-On-Auto) shall be factory-mounted through the Lighting Contactar Cabinet door, or haused in a separate NEMA 4 rated enclosure. The switches shall be keyed and maintain position, with make-before-break contacts. A legend plate shall clearly identity zone and positian of each switch. Switches shall be factory-wired to the control terminal blocks. 6. Ground Bar - For safety of equipment and personnel, a ground bar that accepts up to 15 #12 to #4 gauge wires shall be provided. 7. Warranly - The Lighting Contactor Cabinet shall be covered under the standard warranty for the accompanying Musco product. K. SUBMITrAL REQUIREMENTS FOR APPROVAL AJI manufacturers must be approved to bid prior to bid date. Compliance with the criteria set out in this specification must be demonstrated by the following dacumentation. Submittals must be received at least 10 days prior to the bid date. Owner shall notify all bidders of approved manufacturers via addendum. Each item listed in the table of cantents shall be provided in the form of clear and concise statements and/or plans and drawings which can be easily read and clearly interpreted. Each item shall also be clearly numbered to correspond with the following list. All items shall be assembled in the order indicated and secured or bound in a neat and orderly fashian far easy use and reference. Failure to provide any of the following information shall be grounds for rejection of approval. 23 o o o c~ d o d o o d c~ d d d c5 d d d o o o o o c5 d c5 c5 d c~, c~ c~ c~ d o c~ d oo o o o o o o o o o d d d d d d dd o ~ · .... ~ o o d d d d d o o o o d d d d d d d dd 0 Memorandum CHULa~ VISTA Parks and Recreation Department DATE: April 24, 2002 TO: John Coggins, Purchasing Agent FROM: Andy Campbell, Director Building and Park Constructiotr)4~ ,Z~ SUBJECT: Sole Source Justification for Musco Lighting The Building and Park Construction Department would like to sole source a Sports Venue Lighting System (poles, fixtures, installation, and a 10-year maintenance agreement) for Rohr Park from Musco Lighting, 3151 Airway Avenue, Building G-1, Costa Mesa, CA 92626, Phone (714) 540-9335 and Fax (714) 540-9344. We have conducted an independent survey on the lighting systems available for sports parks and after careful evaluation of the information received we believe that Musco has a superior product unique to other lighting systems. The following illustrate the above: · Single Manufacturer of Entire System: Musco is the only manufacturer that produces entire lighting systems at their fabrication plant. Other lighting companies "outsource" their steel pole fabrication needs to third party manufacturers, thereby losing quality control of a major component in the sports lighting system. · UL Listing: Complete UL Listing as a "system," not an assembly of UL Listed parts. · Welded Steel Cross Arms: Musco is the only manufacturer that welds all crossarms to the steel pole top section. This provides the highest quality of construction as well as unsurpassed durability. All other manufacturers use bolt-on connections. · Pm-cast Concrete Base: This eliminates welded baseplates with anchor bolts or direct burial steel, which is often, associated with corrosion and potential failure issues. Musco is the sole manufacturer of this critical component in a quality lighting system. · Remote Electrical Component Enclosure (ECE): The ECE is constructed of aluminum, allowing the coolest operation possible of lighting ballasts located inside. All other manufacturers use a steel construction (either painted or galvanized). ATTACHMENT D · Availability: Delivery time of all Musco products is four to six weeks, including Light Structure, System, pre-cast bases to factory wired and pre-aimed fixtures ready to install. Other manufacturers delivery time is 12 to 14 weeks. · Lighting Performance/Spill and Glare Light Control: The City is establishing a very high level of standard with respect to a sports lighting systems' ability to efficiently provide quality lighting on-field as well as control spill and glare lighting impacts to adjacent off-site residential areas. These standards, in part, are based on Musco's unparalleled photometric capabilities. Musco can provide independent testing reports that substantiate these claims. · Post Installation System: Musco Lighting is the only manufacturer that provides factory technicians and field sales/service representatives to perform any fine tune adjustments after installation to assure maximum performance on-field, and mom importantly, off-site. We would like to consider the installation of this lighting system at Rohr Park as a test of Musco's reliability/performance in order to establish a standard and vendor for future lighting systems throughout the City. This project is unique in that the Rohr Park lighting system and installation is being funded by the funds received from Sprint/PCS for the lease agreement of a antenna/light standard in Rohr Park, approved by Council August 7, 2001, Resolution No. 2001-270, generating a revenue of over $87,000 received by the City in April. Attached: Rohr Park Lighting System Specifications Musco's Project Specifications Musco's Cost Estimate RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, A WARDING THE SPORTS VENUE LIGHTING SYSTEM CONTRACT FOR $82,640 TO MUSCO LIGHTING, LLC FOR PRODUCT, INSTALLATION, AND MAINTENANCE AGREEMENT OF LIGHTING SYSTEM FOR ROHR PARK SPORTS FIELDS, AND APPROPRIATING $91,164.74 TO FUND CIP PR-1S1 BASED ON UNANTICIPATED REVENUE RECEIVED FROM SPRINT/PCS FOR THE PURPOSE OF LEASING LAND AT ROHR P ARK FOR INST ALLA TION OF A COMMUNICATIONS ANTENNA WHEREAS, the City of Chula Vista negotiated a lease agreement with Sprint/PCS for an antenna to be installed and leased from the City in Rohr Park which will generate a revenue of over $S7,000; and WHEREAS, Rohr Park has been in need of a sport venue lighting system for some time and with this infusion of money, it can become a reality; and WHEREAS, the Building and Park Construction Department has used due diligence in researching prospective lighting system contractors and have concluded that Musco Lighting Systems will provide a system that not only meets but exceeds the City's requirements; and WHEREAS, Musco Lighting systems have been supplying sports venue lighting systems for municipalities and school districts for some years and their systems have several unique qualities that place them above other lighting systems including: single manufacturer of entire system, UL listing, welded steel cross arms, pre-cast concrete base, and remote electrical component enclosure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the City's formal bidding process and award the sports venue lighting system contract for $S2,640 to Musco Lighting, LLC for product, installation, and maintenance agreement of lighting system for Rohr Park sports fields. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the contract on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that $91,164.75 is hereby appropriated to fund CIP PR- lSl based on unanticipated revenue received from Sprint/PCS for the purpose of leasing land at Rohr Park for installation of a communications antenna. Presented by Approved as to form by Andy Campbell Director of Building and Park Construction J:\attomey\reso\Musco lighting bid 4-;°7 COUNCIL AGENDA STATEMENT ,-- Item: ':? Meeting Date: 6/4/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista, California, Accepting $10,000 in Grant Funds and Approving the Associated Agreement with the County of San Diego for the Remodeling of the Current Bioscanner Exhibit at the Chula Vista Nature Center; Amending the FY 02 Budget by Appropriating $10,000 to CIP Project number GG-175 Based on Unanticipated Revenue; and Authorizing the Mayor to Execute the Agreement. Nature Center Direc~ City Manager~t ;uy (4/5ths Vote: Yes.!.. No_J Æ~i) SUBMITTED BY: REVIEWED BY: The County of San Diego, in an effort to assist the City and the Nature Center in making improvements to exhibits has made available funds for the remodeling of the Nature Center's current Bioscanner exhibit. RECOMMENDATION: That the Council adopt the Resolution accepting a $10,000 grantfrom the County of San Diego; amending the FY02 Budget; and authorizing the Mayor to execute the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Although the Bayfront Conservancy Trust was functionally dissolved before this grant became available, the board informally discussed that the Bioscanner exhibit should be included as a prime candidate for refurbishment should funds become available. DISCUSSION: The Nature Center has a number of marine exhibits in the main building's interior exhibit area. One of these exhibits is currently outfitted with a special video camera and remote control joystick to allow the studentlvisitor to get a magnified view of biological details in the aquarium. The equipment for this exhibit was manufactured by Bioscanner and the exhibit has been referred to as the "Bioscanner Exhibit" since its fabrication. The Bioscanner equipment is over 10 years old and most of the components are obsolete. Limited repairs have been made to the motors and controllers, but no repairs have been able to be made to the camera and lens due to lack of parts and cost. At a meeting of the former Bayfront Conservancy Trust, the status of the exhibits was discussed in an effort to evaluate their effectiveness. It was proposed that the Bioscanner exhibit was a good candidate for refurbishment/reconstruction, should funds become available. County Supervisor Greg Cox, a member of the former BCT and current member of the Friends of the Chula Vista Nature Center group, submitted a grant request to the Board of Supervisors for $10,000 to fund the remodeling of the exhibit. Although refurbishment/reconstruction plans for this exhibit have not been finalized, it is anticipated that the exhibit will seek to incorporate components with less need for maintenance while providing greater educational and interactive value. FISCAL IMPACT: This action provides $10,000 of the $365,000 needed to fully fund the Interior Exhibit Upgrades and Replacements CIP (GG-175). RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 IN GRANT FUNDS AND APPROVING THE ASSOCIATED AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE REMODELING OF THE CURRENT BIOS CANNER EXHIBIT AT THE CHULA VISTA NATURE CENTER, AMENDING THE FY 02 BUDGET BY APPROPRIATING $10,000 TO CIP PROJECT NUMBER GG-175 BASED ON UNANTICIPATED REVENUE; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the County of San Diego, in an effort to assist the city and the Nature Center in making improvements to exhibits, has made available funds for the remodeling of the Nature Center's current Bioscanner exhibit, and WHEREAS, although refurbishment/reconstruction plans for this exhibit have not been finalized, it is anticipated that the exhibit will seek to incorporate components with less need for maintenance while providing greater educational and interactive value. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept a grant in the amount of $10,000 from the County of San Diego for the remodeling of the current Bioscanner exhibit at the Chula vista Nature Center. BE IT FURTHER RESOLVED that the FY 02 budget is hereby amended by appropriating $10,000 to CIP Project Number GG-175 based on unanticipated revenue. BE authorized to vista. IT FURTHER RESOLVED that the Mayor is hereby execute said agreement on behalf of the City of Chula Presented by Approved as to form by Dan Beintema Nature Center Director )idJ J:\Attorney\RESO\GRANT Acceptance Bioscanner 5-2- AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO & City of Cbula Vista! Cbula Vista Nature Center The County, under authority of Government Code section 26227 and applicable County ordinances, desires to engage Contractor in connection with the herein described program found by the Board of Supervisors to be necessary to meet the social needs of the population of the County. WHEREAS, Contractor possesses certain skins, e)lperíence, edueation andlor competency to perform the program identified below, which meets the socia! needs of the population of the County, and County desires to engage Contractor or such program; ,,' AUDITOR AND CONTROLLER FundlngOrganlZllUoolI: Cont....ctll: Account: TASk Option Activity Apprond for funds and accounts: WILLIAM J. JŒLLY ChidFinanclalOmcer WHEREAS, thc Board of Supervisors has a110cated funding set forth in E)lhibit A for the program of the Contractor described in E)lhibit A; By' The County of San Diego hereby enters an agreement with Contractor: City of Chula Vista Scone of Services. The Contractor wì11 promote and provide a scope of services described in Exhibit "A", which is attached hereto and by this reference incorporated herein. Term of AilTeement. The term oflhis Agreement shall be forthe period indicated in thc attached Exhibit"A". Method of Pavment. Payments wi!! be made after the County receives a signed copy of this Agreement. Contractor shall spend AH County payments within 12 months of the start of the Term of Agreement specified in Exhibit A. Before the Term of Agreement e)lpires, Contractor shall submit documentation to the County's representative setting forth Contractor's total actual expenditures for the scope of services. Any payments made to Contractor that e)lceed Contractor's total actual e)lpenditures under this Agreel11t:nt shaH be promptly refunded to the County. If Contractor incurs expenses before payments are made under this Agreement, the County will reimburse Contractor upon submission of an invoice to the County's representative setting forth Contractor's actual expenditures for the scope of services. If Contractor fails to complete the Scope of Services within the 12-month period specified above, Contractor shall inform the County's representative of this fact, and County shaH only pay Contractor for the reasonable cost of the services perfonned as detennined by the County's representative. However, the Contractor and the County's representative may agree in writing to extend the Tenn of Agreement for a maximum of three months to allow Contractor additional time to pcrform the scope of services under this Agreement. County's total payments to Contractor under this Agreement, including any extension, shan not e)lceed the Award Amount specified in Exhibit A. If the Contractor receives payment from the County for a service which is later disallowed by the County upon review of the Contractor's documentation of actual expenditures, the Contractor shan promptly refund the disallowed amount to the County on request, or, in its sole discretion, the County may offset the amount disallowed from any payment due or to become due to Contractor under this Agreement or any other agreement. If the County tenninates this Agreement pursuant to paragraphs 2 or 3 of the Terms and Conditions, the County shall not be obligated to make any funher payments to the Contractor as of the effective date of the termination, irrespective of the amount of services or expenditures made by Contractor through the termination date. ComDensation. The County agrees to pay to the Contractor the sum set forth in Exhibit "A" for the period set forth in Exhibit "A" which is attached hereto and by this reference incorporated herein, and Contractor agrees that said sum shan be fu11 compensation for all services in perfonning this agreement for said period. Administratorof AaCt:mcnt. The Auditor and Control1er shall be the County's representative for the purpose of administeríngthis Agreement. Notice. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving stich notice, or may be served by certified mail, postage prepaid, return receipt reqtlested, to the following addresses; County: Chief Financial Officer County of San Diego 1600 Pacific Highway San Diego,CA 9210! Contractor; Dan Beintenna CityofChulaYista Chula Vista Nature Center 1000 Gunpowder Point Drive ChulaVista,CA91910 [ have read the above and the Tenns and Conditions set forth on the back ofthi5 Agreement and [ accept the allocation and agree thereto: Contractor Signature Title Date County of San Diego Chief Financial Officer or Authorized Representative Date Janel Pehau, Director (Actíng) Office of Financial Planning 5-3 TERMS AND CONDtTIONS pF COMMUNITY PROJECT SERVICES AGREEMENT I. Audit and Ibmec:tian of Re~ords. At any time during nanna! business bours and as oO~n as Ibe Counly may deem necessary, th~ Conlf2~tor shaH make available to the County for examination an of i~ records wilh r<:5pectto all mailers covered by this Agreement and wiU permit tbe County to audit, examine and make excerpts or tnRscripts from su~h records. and make audits of all invoices, materials, payrolls, records of personnel and other dau relating to all matters covered by this AgrœmenL Unlcss othawise specified by the County, said records should be made available for examinalion within SIIn Diego County. Contractor shall maintain such records in an aœessible locaLion and condition for a period of notlc:ss than fours years following receipt of final paymenl undertbis Agreement unless Counly agr~es in writing 10 an ear1i~r disposilion. The Slat~ of Cali fomi a or any Fedelal agency having an ¡ntcrest in the subject oflhis agreement s~an have Ihe same righlS ronf~rred upon County by th!s Agreem~nl 2. Tumlnadon of Al!reement for Cluse. Upon br~~h of Ibis Agreçm~nt, County shall have \he right to tenninate this AgrCClilenl, by giving written noti~ctoConlractorofsuchterminationandspcc¡[Ylßgtheeffcctivedalethcreof,atleast!ivc(Sjdaysberoretheeffcctivedateorsuehtennination. As of Ihe effective date of terminalion, the County shall not be required to make any funber payments to Contractor under this Agn:ement, irrespcctive ohhe amount orscrviccs or expenditures made by Contraclor through the termination date. 3. Termination [or Convenience of County. County may t~nninatc thi5 Agreement, at any lime by giving written notice to Contraetor of sueh termination and speeíf'yinglh~ cffeclivedate Ihercorat1east Lbiny (30) days before Lbe effe~tivedate of such tennination_ As of the effeetivedate of terminalion. tile County shall not be requir~d to make any funher payments to Contrae,or under this Agreement, im:S' :IeClive of the amount or serviecsorexpendiluresmadebyContrllCtorthrougblbcterminalionda,e. 4. Termination for Convcnlcnu of Contrattor. Contractor may terminate this Agreement at any time by giving wriucn notice to Counly or such tenninalion and specifying Ih~errcctivedale Lbercorat least sixty (60) days before the effeetive ðate of such termirnltion. In Lbalevcnl, il is expressly agreed and understood that Contractor at the option or County shall for a minimum period of thirty (30) days aOer giving such notice provide as requested by the administrator oftbis Agreement. assistance and advice to Contractor's successor to facilitate Ihe period oftransilion eaused by such termination. provided that such minimum period of :!Ssis,ance and advice by Contractor to Contractor's sueçC5S0r s!mll not exlend beyond the effective date of the tenninatiun ChanE!'cs. County may flOnl lime to time require changes in the scope of the services or CuntraelOr to be perfurmed hereunder. Such changcs, including any inere:!Se or deerease in the amount of Conlractor's eompensation which are mutually agreed upon by and between County and Contractor. shall be effective when incorporated in wriucn amernlmen15 to ,his Agreement therein. G. Assil!nabllîtv. The C(tntractor shall not assign any imerest in this Agreement. and shall not transrer any imerest in the same (whether by assignment or novalion), without the prior wrillen consenl orthe County thereto: provided, however, Lbat claims for money due or 10 become due to Contl1lCtor from County under this Agreement may be assigned without such approva1. Notice of any such assignment or Iransfer shall be furnished promptly to Cuunty. 7. Inleresl o[ Contractor. Contl1lCtor eovt:nants that Contractor presently has no int~rest. including, but nOllimitcd to, other projects or independenl controets, and shall not aequire any such interesl. direct or indirect, which would conniet in any manner or degree with the perfonnanee of services required to be performed under Ihis Agreement. Contractor funher eovenants !!tat in Ihe perfonnanee of this Agreem~nl no person having any such interest shall be employed or retained by Contractor under this Agreeme nt 8. Publieotlon Renroduetton and Use of Malerlal. No malerial produced, in whole or;n pan:. under Ihis Conlraet shall be subject to eopyrighl in the United States or in any othcr Country. The County shaH have unrestricted authority 10 publish, disdose, distribute and otherwise use, in whole or in part. any reporU,data or other materials prepared under this eomraet. All reports, data and other materials prcparcd under this Contractsha!1 he the propeny onhe County upon completIon of thIs Contract. 9. Insurance and Hold Harmless A.E!'rnment. Contractor agrees to maintain such insurance as will fully proteel both Contractor and County rrom any or all clain's under any workmen's compensation act or employer's liabitity laws. and from ~ny and an claims of whalSocvCT kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from opcllltions carried on und~r this Agreement, either by Contractor, any subcontlllctor Ur by anyone din:ctly Or indin:cdy engaged or employed by either of them. Contractor shall exon~rate, indemnify and hold harmless County from and against, and shal1l1SSume full responsibility for pllymcnt of. all rcdellll, Slate and local taxes or contributiQns impQsed or reqoired under unemployment insurance, social security and income laX laws, with rc&pe~t to Contraelor and Contractor's employees engaged in pcrrormance oflhis Agreement. CQunty, and its agents and employees shall not be, Of be held liable for any liabilitics,p~nalties,orrorfeitures,orforallydamagctothegO( ds, propertics or effects ofControctor, or of any other persons whatsoever, no rfor personal injury to or death of them. wh~ther caused hy or resulting from any negligent act or omission of Contractor. The provisions of this paragraph do not relieve the County of County's liability ror damages to Contractor caused by negligentllclS or omissions. Contractor furlber agrees \0 indemnify and hold hannless County and County's agents and employees, againstalld rrom any and all orlhe fon:going liabi1ities, and any and aU costs or expenses incurred by County on account of any claim therefore. Contractor agrees to assume the foregoing obligations and liabilities, by which Contractor shaH indemnifY and hold County hannlcss from an claims arising by reason orthe work done or by reason of any ael or omiS$ion ofContraelor. [0. IndencndenlConlractor, Itìsagrecdlha' County is imercstedonly in the resu!lSobtained and that Conlractor shal1 perform as an independenl contraclor with sole eonlrol of the manlier and means or perronning the services required under Ihis Agreement. Conlractor shall complete this Agreement according to Contractor's own mcaM and melhods of work, which shall be in Ihe exclusive churg~ and eonlrol ofContraclOt and sbaU nOI bc subject to control or supervision by County except as to Lbe resullSort hcwork. Contractor is, for an pUljJosc:sarisingoulofthis agreement, an independent contractor and neiLber Contrnclor nor Contractor's employees s!mll be deemed an employee of County. It is expressly understood and agreed Ihat Contractor and Contl1lctor's employees shaH in no event be entitled to any benefits to which County employees are entilled, including, but not limited to, overtime, any retirement ben~fits, workmen's compensation bencfilS, and injury [cave or otber Icave benefits. I L Eoual OnnorluRIIv. Contr;¡ctor will not diseomil,ate against any cmpIoy~~. or against any app1icant for such employment because of age, race, color, religion, physical handicap, ancestry, sex ornalional Or igin. Thisprovisionshallinc1ude,butnotbeHmitedto,thefollowing:employmem, upgrading, demotion, (lr transrcr; recru.itment or rccruitmellt advert,sing; layoIT or tenn!nation; rates of payor other forms of compensation, and se!ection rortroining, ineludingapprenuceship. 12. Per5onaIPcrformanee. It is exptCssly undcrsloodand agreed that Contractor shu[1 engage or rcquire tile services of no other person or finn, by contractor or otherwise, to provide or assist in providing such services without the express wriuen con.ent of County, ptovided, however, Ihat this provision shaH not apply to.ccretarial,c1erical,routine mechanical andsimilarincidenlal servicesnccded by Contractor 10 lIS$ist in the perf omutnce or this Agreement. Contractor shall not hire County's employees to perfonn any portion of the work or services provided for herein in~luding sccretarial, clerical and simi!ar incidental services except upon tbe written approval orCounty. 13. Governine: Law. ll1Ís agtCem~nt shall be eonstrued and interpreted according to the laws orthe State ofCa!ifomia. 14. Contractor's Emnlovees and EoalDment. Contractor agrees Ihat Contractor has securC<1 or will secure at Contractor's own expense all persons, employccs and equipmenl required 10 perform the sçrvlecs ~quired under this Agr~ement and that all such services wiH be performed by Contractor, or umler Contractor's ¡;upe"\ii~iun, hy person. a¡,lho,.¡,:c'¡ hy law (u !lerfor", "uch services. Ifany arrangement is nl/ltle whereby employees of County are used by Contractor and are subject to Contractor's .up~rvision and control, they shaH, while engage in such work be considered for a1l purposes, as employees, servants, or agents oflhe Contractor and not of County, irrespective ofpany paying them. Contractor shull exoncratt', indemniry, and hold hannless County from and against any and all loss, damage or expense. by reason of any act of onlission of any employee, servant or agent or Contractor, including those, if any, originally emp!oyed by Counly and utilized by Contractor, and Conlraetor agrees 10 defend, at Contractor's own expense, any suit or suits that may be brought against County by reason of any soeh act or omiS$ion. Counly shan not be tcsponsible nor be held liable for any damage to p~r,;on or prop~rty eonsequenl upon th~ us~, misuse, or [ailure of any equipment lIS~d by Contractor or any of Contractor's CITIployees, even though such equipmenl be furnished, rented, or loaned to Contractor by County. The acceptance Ot use of any such equipment by Contractor's employees shaH bt' construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and save harmless County from and against any and all claim. for any damage whatsoever resulting rrom the use, misuse, or failure of such equipment, whether such damage be to the employee or prop~rty ofContraclOr, olher contractors, County. or of otber persons. Equipment includes, but is not Iimitooto, materials, tools or other tIIings. 15. CORlDlele Ae:reemeÞI. It is expreS$ly understood and agreed that this Agreement eonstitulcs the entire agrcen,cnt between Contractor and County andinnoeventsha1!eomraelorbcentitledtoanyeompensation.b~nelíts,reimbu=enlS or anciHary services other than as bercin exprcss!y provided. f)-If COMMUNITY PROJECTS PROGRAM EXHIBIT A FOR 2001-02 NAME OF ORGANIZATION: City of Chula Vista DATE OF AWARD BY THE BOARD OF SUPERVISORS: May 14,2002 (09) DISTRICT: Supervisor Greg Cox PERIOD OF CONTRACT: May 16,2002 - July 17, 2003 SCOPE OF SERVICE: Remodeling of current BioScanner Exhibit. AWARD AMOUNT: $10,000.00 I agree to the Contract terms stated above: Signature Date ~-6 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: June 4, 2002 ITEM TITLE: Resolution of the City o£ Chula Vista Council approving a three- party agreement between the City of Chula Vista; RBF Consulting, Consultant; and McMillin Otay Ranch, LLC, Applicant, for mitigation monitoring and environmental services to be rendered for the Village Six Sectional Planning Area (SPA) Plan, and authorizing the mayor to execute said agreement SUBMITTED BY: Director of Planning and Building/~ REVIEWED BY: City Manager ~:' L e 0W (4/5ths Vote: Yes No X ) In compliance with State Law, a Mitigation Monitoring and Reporting Program (MMRP) has been adopted by the City Council for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. State Law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This report requests that the City Council approve the proposed contract with RBF Consulting for a total of $43,190 to provide consulting services as the Environmental Monitor Specialist for the Village Six SPA Plan EIR 98-01 (McMiltin/Catholic Diocese ownership) for a period of five years. RBF Consulting will have contracts with a combined total exceeding $50,000 within the upcoming 12 months; therefore, Council approval is necessary. RECOMMENDATION: That the City Council adopt Resolution approving a three-party agreement between the City of Chula Vista; RBF Consulting; and McMillin Otay Ranch, LLC for environmental consulting services for mitigation monitoring services to be rendered for the Village Six SPA Plan EIR 98-01. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background On January 22, 2002, the City Council certified the EIR for the Village Six SPA Plan. I n accordance with CEQA, EIR 98-01 includes a Mitigation Monitoring and Reporting Program (MMRP). At this time, City staff resources are insufficient to perform all monitoring tasks; therefore, staff recommends that a consultant be retained to assist in the implementation of the MMRP. City staff in the Environmental Planning Section will supervise the mitigation monitoring tasks in the adopted MMRP for Village Six. / Page 2, Item No.: (.~ Meeting Date: June 4, 2002 This consultant would function as the Environmental Monitor Specialist for the City of Chula Vista. The Environmental Monitor Specialist will provide additional services as needed related to Village Six SPA Plan EIR, including overseeing the implementation of the applicable conditions of the MMRP and assistance with field monitoring. The Applicant, McMillin Otay Ranch LLC, has agreed to monitor the proposed high school and church site through the completion of the rough grading plans and improvements of adjacent streets including Magdalena Avenue and Birch Road. Prior to the completion of the rough grading and adjacent roadway improvements, the Catholic Diocese will enter a separate three- party agreement with the City for future monitoring phases. Consultant Services Selection Process In order to expedite processing the requested contract, staff initiated an informal consultant selection process and solicited requests for proposals to three environmental consultants. City staff recommends RBF Consulting for this project. Two other consultants (RECON and Helix Environmental) provided proposals for the project within a similar range of cost between $30- $46,000. Based on a review of qualifications, the Environmental Review Coordinator and the project applicant have determined that RBF Consulting has demonstrated a unique and comprehensive familiarity with the project area and the City's mitigation monitoring procedures. Additionally, RBF Consulting has demonstrated unique qualifications to serve as the Consultant for this contract because of their experience and expertise with monitoring projects of a similar nature, experience with the resource agencies, grasp of the project's complexities, and project experience within this region. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City 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 RBF Consulting will function as the Village Six Environmental Monitor Specialist for the City of Chula Vista under the supervision of the City's Environmental Review Coordinator. The responsibilities of the Environmental Monitor Specialist will include the review of the Village Six grading plans, final maps, improvement plans and building permits for conformance to the requirements of the mitigation monitoring program. The Environmental Monitor will also be responsible for attending team meetings, as well as monitoring compliance for several technical issues such as air quality, noise and cultural resources. Page 3, Item No.: Meeting Date: June 4, 2002 Contract Payment: The amotmt for this three-party agreement is $43,190, which includes a contingency of $13,000 for additional services if determined necessary. The project applicant will also reimburse any City staff time associated with implementation of the MMRP through a separate deposit account. FISCAL IMPACT: There would be no impact to the General Ftmd. The project applicant, McMillin Otay Ranch, LLC, through a deposit account, will pay the mitigation monitoring consulting fees. RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA COUNCIL APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY"BF CHULA VISTA; RBF CONSULTING, CONSULTANT; AND MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT WHEREAS, on January 22, 2002 the City Council certified EIR 98-01 and adopted the accompanying Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the implementation of the MMRP necessitates the expertise of an Environmental Monitor Specialist and requires the hiring of a Consultant; and WHEREAS, it was determined by the Director of Planning and Building that staff has neither the availab1e time or expertise to perform the subject work; and WHEREAS, the Applicant has deposited or will deposit funds necessary for the mitigation monitoring services; and WHEREAS, the City solicited request for proposals tTom three qualified consulting firms in accordance with the City's informal bidding process, and three proposals were received by the City that were responsive to the request; and WHEREAS, the City is in immediate need of an experienced environmental consultant that is familiar with the City's policies and procedures and the California Environmental Quality Act; and WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this project based on their on projects of a similar nature, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within this region; 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. WHEREAS, Applicant has proposed that the high school and church site (Parcel Map 18481, ParcelS of Village Six) be monitored at the Applicant's expense only through completion of the rough grading plans (as shown on drawing numbers 01039-01) and improvements of adjacent streets [as shown on improvement plan numbers 02031(Magdalena Avenue phasel), 02032 (Magdalena Avenue Phase 2) and 02035 (Birch Road)]. . fe-if WHEREAS, the proposed contract with RBF to provide mitigation monitoring services would be in an amount not to exceed $43,190. . 0" NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the three-party agreement between the City of Chula Vista; RBF Consulting and McMillin Otay Ranch, LLC ("Applicant") to conduct mitigation monitoring for the Village Six Sectional Planning Area Plan. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by JO~~~ City Attorney Robert A. Leiter Director of Planning and Building (;-5 Dn.'^'.rT i'\.Hr THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~.:J{ri c ~ M. Kaheny City Attorney Dated: 5-29-02 AGREEMENT WITH RBF CONSULTING, CONSULTANT, AND McMILLIN OTAY RANCH, LLC, APPLICANT FOR MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX SECTIONAL PLANNING AREA PLAN h-h Three-Party Agreement ,Between City of Chula Vista, RBF Consulting, Consnltant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicants' Project DRAFT 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", RBF Consulting (herein after referred to as "RBF") whose business form and address are indicated on the attached Exhibit A, and the persons collectively designated on the attached Exhibit A as "Applicant", McMillin Otay Ranch, LLC whose business forms 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 ofland ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, 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 permits ("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 tTame 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 perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 5/16/02 Three-Party Agreement Page 1 1D-7 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 perform to, and for the primary benefit of, City, and solely at City's direction, all ofthe 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 perform to and for the benefit of City all of the 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 tTames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period oftime for the diligent execution of Consultant's duties hereunder. Time is ofthe essence of this covenant. The Consultant does hereby agree to perform 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 perfonu 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 tenus 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 5/16/02 Three-Party Agreement Page 2 ro -fj checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, 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 tTom Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed tTom Consultant of the 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 determine that additional work is required to be perfonued above and beyond the scope of work herein provided, City will cònsult with Applicant regarding the additional work, and ifthereupon 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 detenuines 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 tTom Consultant, from time to time reduce the 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. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time 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 Tenus of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the tenus of this agreement. 5/16/02 Three-Party Agreement Page 3 hJì 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 upon doing so, shall proportionately distribute to the Deposit Trust, the average interest eamed 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 termination of this Agreement and any claims resulting there!Tom. 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 of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine 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 terms 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 of the 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 !Tom premises owned or rented by Consultant, which names City and 5/16/02 Three-Party Agreement Page 4 b·IO 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"). 4.1.3. 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 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. 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 of the 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 performed by Consultant. 5. Non-Compensation Duties ofthe 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 performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5/16/02 Three- Party Agreement Page 5 ~-II 5.2. Property Access. The Applicant hereby grants permission 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 promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless tTom all loss, cost, damage, expenses, claims, and liabilities in connection with or arising tTom 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 of this agreement. 7. Conflicts ofInterest. 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 determined 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. 7.3. Search to Determine Economic Interests. 5116/02 Three-Party Agreement Page 6 b-IZ 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 econornic 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 term 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 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. 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 ofthe Project, or in any property within 10 radial miles tTom 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 of this 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. 5/16/02 Three-Party Agreement Page 7 ~-f3 8. Default of the Consultant for Breach. This agreement may be terminated 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. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant tTom liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision ofthis agreement, the City shall have the absolute right at any time to tenninate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination ofthis 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 performed after execution ofthis agreement and prior to its termination. 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 of this agreement, against the City, unless a claim has first been presented in writing and filed with the City ofChula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 5116/02 Three- Party Agreement Page 8 {;;-I'i 11. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City reo Injuries. Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees tTom 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 ornissions or the willful rnisconduct ofthe Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms 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 tTom the sole negligence or sole willful misconduct of the City, its officers, or employees. 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. With respect to losses arising from Consultant's professional errors and omissIOns, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, tTom and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except those claims arising tTom the negligence or willful misconduct of City, it officers or employees. Consultant'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. 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 termination 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 tTom any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting tTom or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 5/16/02 Three-Party Agreement Page 9 h-'~ 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 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 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 conternplated 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 enforcernent 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 from 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. 13.6. Governing Law/Venue. 5/16/02 Three-Party Agreement Page 10 (P-/(p This Agreement shall be governed by and construed in accordance with the laws ofthe 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 of Chula 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 of this Agreement shall for any reason, be determined 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 determination, 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. 13.1 1. 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 ofthe existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the 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. 5/16/02 Three-Party Agreement Page] 1 fo~ 17 13.13. No Additional Beneficiaries.. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit theretTom, and agree that no performance 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 ofthe promises of Consultant to provide services paid for by Applicant. 14. 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. (End of Page. Next Page is Signature Page.) 5/16/02 Three-Party Agreement Page 12 0-!~ Signature Page To Three-Party Agreement Between City of Chula Vista, RBF Consulting, Consultant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicants' Project (page 1 of 2) NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the tenns hereofby setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: John M. Kaheny, City Attorney Dated: Consultant: RBF Consulting By: µ ~ ~~'-- Richard A. Rubin, Senior Vice President 5/16/02 to - rq Three-Party Agreement Page 13 Signature Page To Three-Party Agreement Between City of Chula Vista, RBF Consulting, Consultant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicants' Project (page 2 of 2) Dated: --.!2{u.(. ¿. Applicant: McMillin Otay Ranch, LLC, a Delaware limited liability company By: McMillin Companies, LLC A Delaware limited liability company 1" M",""" n ,n . . By: ~ Vkc.(}..'~¿¿""Ii(: Title: By: 4-~k ~.~ Title: 'Ilt.c;· t'..u. ~ . 5/16/02 ft¡ - 20 Three-Party Agreement Page 14 Exhibit A Reference Date of Agreement: May 8, 2002 Effective Date of Agreement: Date of final City signature of agreement City: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Consultant: RBF Consulting Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 9755 Clairemont Mesa Blvd., Suite 100 San Diego, CA 92124-1324 Applicant: McMillin Otay Ranch, LLC Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation (X) Other: A De1aware Limited Liability Company Address: 2727 Hoover A venue National City, CA 91950 I. Property (Commonly known address or General Description): The property is commonly known as the Otay Ranch Village Six. It consists of approximately 386- acres of undeveloped land in the eastern portion of the City ofChula Vista. The project is located in the Otay Valley parce1 of the Otay Ranch General Development Plan (GDP) project area and is surrounded by La Media on the west, Otay Ranch Village One on the north, future SR -125 on the east and Birch Road on the South. 5/16/02 o ' z,,{ Three-Party Agreement Page 15 2. Project Description ("Project"): The project consists of mitigation monitoring services for Village Six (McMillin/Catholic Diocese Ownership). RBF shall serve as the Environmental Monitor Specialist responsible for ensuring that mitigation measures are implemented as outlined in EIR 98-01. 3. Entitlements applied for: Future grading plans, final maps, improvement plans, building permits, design review and conditional use permits 4. General Nature of Consulting Services ("Services--General"): RBF shall serve as the Environmental Monitor Specialist for the Village Six (McMillin/Catholic Diocese ownership) Mitigation Monitoring and Reporting Program to the satisfaction of the City's Environmental Review Coordinator. 5. Detailed Scope of Work ("Detailed Services"): RBF shall serve as the Environmental Monitor Specialist for the Village Six (McMillin/Catholic Diocese ownership) Mitigation Monitoring and Reporting Program (MMRP). RBF will serve as the Environmental Monitor Specialist for a period of five years serving as an extension of staff for the Village Six project. RBF will also be responsible for providing mitigation monitoring services and any other environmental expertise, as the City deems necessary, to oversee implementation of the conditions of the MMRP. Specific responsibilities of the Environmental Monitor Specialist with reference to the Village Six MMRP will include, but may not be limited to: A. Research and Mitigation Identification: This first phase will involve basic research related to the project, determining which mitigation measures have been satisfied and which ones are remaining. The process will also include acquiring all of the proper documents that identifY the mitigation requirements (e.g. MMRP, environmental impact reports, etc.). B. Plan Review: RBF shall review all proposed plans, as requested by the City, for consistency with the mitigation monitoring and reporting plan for the Village Six project. RBF will provide a brief memorandum that documents the results of each revtew. C. Substantial Conformance: RBF shall provide input to City staff as requested for consideration of substantial confonnance review for any plan modifications that may be proposed during the course of project development. D. Field Monitoring and Coordination: RBF shall conduct periodic field checks of the Village Six project site to ensure that onsite mitigation measures are being implemented. In addition, RBF will make sure that construction is proceeding 5/16/02 ~ --z.z.. Three-Party Agreement Page 16 according to the requirements in the MMRP. RBF will observe construction methods and interview construction supervisors as a part of this effort. RBF shall be responsible for documenting all field visits and will coordinate with the City as needed to inform staff of any issues. RBF will periodically, and at the request of the City, provide written field inspection updates to City staff. E. Mitigation Monitoring Issue Areas: RBF shall verifY that all mitigation measures listed in the approved MMRP for the project have been implemented to the satisfaction of the City. Additionally, specific issue areas shall be reviewed by the Environmental Monitor Specialist with reference to the Village Six MMRP including, but not be limited to: Noise: RBF will review noise reports prepared as part of the development of Village Six. lt is anticipated that this will include both exterior noise analyses and building plan interior noise studies. Reports will consider the adequacy of the analysis and the sufficiency of recommended compliance measures. For exterior studies RBF will confinn the adequacy of any barrier heights and locations needed to comply with the City's adopted noise standards. For the interior noise reviews RBF will evaluate the composite transmission loss analyses and adequacy of conclusions. Cultural Resources: RBF will review the cultural resources monitoring effort for the site and will review any mitigation report prepared as a result of that monitoring. Paleontolof!: ): RBF will review the paleontology monitoring effort for the site and will review any mitigation report prepared as a result of that monitoring. Air' Quality: RBF will monitor construction activities throughout the duration of the project for compliance with mitigation measures. F. Documentation/Memoranda: RBF shall verify that each mitigation measure has been satisfied consistent with the MMRP. RBF shall prepare letters to the applicant with a list of the mitigation measures that must be satisfied prior to the issuance of the next pennit or approval. RBF shall also submit the appropriate documentation to City staff verifying that each mitigation measure has been satisfied. All documentation prepared for each monitoring component of the project shall be subject to the approval of the City. G. Meetings: RBF will attend team meetings and pre-construction meetings, at the request of City staff, during the planning and construction phase of the project. 6. Schedule, Milestone, Time-Limitations within which to Perfonn Services. 5/16/02 ~vZ3 Three-Party Agreement Page 17 Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliver abies: Upon the completion of each required task as set forth in Sections 5 B through F above, RBF shall provide written monitoring reports to the City's Environmental Review Coordinator Dates for Completion of all Consultant Services: The term ofthis agreement shall be for five years tTom the effective date of this Agreement. 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) tentative tract maps ( ) architectural elevations (X) project description. (X) other: Village Six EIR and Appendices, grading plans 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Robert Pletcher, Vice President, McMillin Otay Ranch, LLC Consultant: JeffC. Barfield, Vice President, Planning, RBF Consulting 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. ( ) Category No. 1. ( ) Category No.2. ( ) Category No.3. ( ) Category No.4. 5/16/02 Not an FPPC Filer. Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. b-l~ Three-Party Agreement Page 18 ( ) 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 ofChula 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 Commercial General Liability coverage). 11. Pennitted Subconsultant: N/ A 12. Notwithstanding anything to the contrary $et forth herein, City and applicant hereby agree that the applicant shall pay for all services described herein to be perfonned by the Consultant as to the high school and church site (Parcel Map 18481, ParcelS, of Village Six owned by the Catholic Diocese of San Diego) only through and including the completion of the rough grading plans (as shown on drawing numbers 01039-01) and improvements of adjacent streets [as shown on improvement plan numbers 02031 (Magdalena Avenue phase I), 02032 (Magdalena Avenue pha$e 2) and 02035 (Birch Road)]. 5/16/02 Three-Party Agreement Page 19 I" "" "'. "C -"l ~ Exhibit B Additional Recitals WHEREAS, on January 22,2002 the City Council certified EIR 98-01 and adopted the accompanying Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the implementation of the MMRP necessitates the expertise of an Environmental Monitor Specialist and requires the hiring of a Consultant; 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, the Applicant has deposited or will deposit funds necessary for the mitigation monitoring services; and WHEREAS, the City solicited request for proposals tTom three qualified consulting finns in accordance with the City's infonnal bidding process, and three proposals were received by the City that were responsive to the request; and WHEREAS, the City is in immediate need of an experienced environmental consultant that is familiar with the City's policies and procedures and the California Environmental Quality Act; and WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this project based on their on projects of a similar nature, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within this region; and WHEREAS, the Environmental Review Coordinator has negotiated the details ofthis agreement in accordance with procedures set forth in Section 6.5.2 ofthe Environmental Review Procedures. WHEREAS, Applicant has proposed that the high school and church site (Parcel Map 18481, ParcelS of Village Six) be monitored at the Applicant's expense only through completion of the rough grading plans (as shown on drawing numbers 01039-01) and improvements of adjacent streets [as shown on improvement plan numbers 0203 1 (Magdalena Avenue phasel), 02032 (Magdalena Avenue Phase 2) and 02035 (Birch Road)]. WHEREAS, the proposed contract with RBF to provide mitigation monitoring services would be in an amount not to exceed $43,190. 5/16/02 fo-U Three-Party Agreement Page 20 Exhibit C Compensation Schedule and Deposit: Tenns and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all ofthe General and Detailed Services of Consultant as herein required, Applicant shaH pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: Milestone or Event Percent and Amount of Fixed Fee ( ) 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 be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. (X) Time and Materials - $43,190 Mitigation Monitoring Services for the Village Six SPA Plan EIR 98-01 For perfonnance of the General and Detailed Services of Consultant as herein 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 tenns and conditions: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement 5/16/02 Three-Party Agreement Page 2 I 0-27 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 adnùnistrative fee amounting to 10% of the contract. ( X ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $31,190 (plus $13,000 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 tTom providing additional Services at Consultant's own cost and expense. CONSULTANT COST BREAKDOWN Task Research and Mitigation Identification Plan Review and Substantial Conformance Field Monitoring Mitigation Monitoring Issue Areas DocumentationlMemoranda Meetings Direct Costs Snbtotal Contingency ** TOTAL Estimated Time (hrs.) 8 128 160 12 10 12 N/A 210 210 210 Estimated Cost $760.00 $13,300 $10 ,400 $1,140 $950 $1,140 2,500 $30,190 $13,000 $43,190 * '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 mitigation monitoring process ("Additional Services"). The cost of Additional Services in connection with the mitigation monitoring services shall not exceed $13,000). 5/16/02 fv 22' Three-Party. Agreement Page 22 CONSULTANT RATE SCHEDULE PLANNING MANAGER/PRINClP AL IN CHARGE ............................... $ 115.00 ENVIRONMENTAL MANAGER.............................................................. $ 80.00 ENVIRONMENTAL ANALYST ............................................................... $ 75.00 NOISE SPECIALISTl...... ...... ........... ........... .... ... ..... ...... ......... .................... $ 95.00 NOISE SPECIALIST2...... ................. '" ......... ............ ...... ........ ........... ......... $ 85.00 PLANNER ................................................................................................... $ 60.00 GRAPHIC/CAD DRAFTER ....................................................................... $ 55.00 ADMlNISTRA TIVE ASSISTANT ............................................................. $ 40.00 (X) Hourly rates may increase by 5% annually for services rendered after May 2003. Changes in technical staff categories and annual rate increases may be implemented based on project need and following notification to and discussion with the City. Materials Separately Paid For by Applicant - ( ) Materials Reports Copies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( ) Long Distance Telephone Charges ( ) Other Cost or Rate NA NA NA NA NA NA NA ----------------------------------- Deposit (X) Deposit Amount: $20,000- As agreed to by the Applicant, 100% of the Deposit ($20,000) is to be made by McMillin Otay Ranch, 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. 5116/02 Three-Party Agreement Page 23 h-21 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, ifthis 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 tTom 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. ---------------------------------- 5/16/02 0-30 Three-Party Agreement Page 24 (X) Bill Processing: A. Consultant's Billing to be submitted for the following period oftime: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End ofthe Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed. D. Security for Perfonnance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. Ifthis 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: ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services to the satisfaction of the Environmental Review Coordinator. ( ) Other: 5/16/02 0-31 Three-Party Agreement Page 25 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: June 4, 2002 ITEM TITLE: Resolution of the City of Chula Vista Council approving a three- party agreement between the City of Chula Vista; RBF Consulting, Consultant; and Otay Project L.P., Applicant, for mitigation monitoring and environmental services to be rendered for the Village Six Sectional Planning Area (SPA) Plan, and authorizing the mayor to execute said agreement SUBMITTED BY: Director of Planning and Building~/~, REVIEWED BY: City Manager ~,~ /~,,~c./ (4/5ths Vote: Yes__No X ) In compliance with State Law, a Mitigation Monitoring and Reporting Program (MMRP) has been adopted by the City Council for the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. State Law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This report requests that the City Council approve the proposed contract with RBF Consulting for a total of $42,050 to provide consulting services as the Environmental Monitor Specialist for the Village Six SPA Plan EIR 98-01 (Otay Ranch Company Ownership) for a period of five years. RBF Consulting will have contracts with a combined total exceeding $50,000 within the upcoming 12 months; therefore, Council approval is necessary. RECOMMENDATION: That the City Council adopt Resolution approving a three-patty agreement between the City of Chula Vista; RBF Consulting; and Otay Project L.P. for environmental consulting services for mitigation monitoring services to be rendered for the Village Six SPA Plan E1R 98-01. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background On January 22, 2002, the City Council certified the EIR for the Village Six SPA Plan. In accordance with CEQA, EIR 98-01 includes a Mitigation Monitoring and Reporting Program (MMRP). At this time, City staff resources are insufficient to perform all monitoring tasks; therefore, staff recommends that a consultant be retained to assist in the implementation of the MMRP. City staff in the Environmental Planning Section will supervise the mitigation monitoring tasks in the adopted MMRP for Village Six. Page 2, Item No.: ri Meeting Date: June 4~ 2002 This consultant would function as the Environmental Monitor Specialist for the City of Chula Vista. The Environmental Monitor Specialist will provide additional services as needed related to Village Six SPA Plan EIR, including overseeing the implementation of the applicable conditions of the MMRP and assistance with field monitoring. Consultant Services Selection Process In order to expedite processing the requested contract, staff initiated an informal consultant selection process and solicited requests for proposals to three environmental consultants. City staff recommends RBF Consulting for this project. Two other consultants (RECON and Helix Environmental) provided proposals for the project within a similar range of cost between $30- $46,000. Based on a review of qualifications, the Environmental Review Coordinator and the project applicant have determined that RBF Consulting has demonstrated a unique and comprehensive familiarity with the project area and the City's mitigation monitoring procedures. Additionally, RBF Consulting has demonstrated unique qualifications to serve as the Consultant for this contract because of their experience and expertise with monitoring projects of a similar nature, experience with the resource agencies, grasp of the project's complexities, and project experience within this region. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City 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 RBF Consulting will function as the Village Six Environmental Monitor Specialist for the City of Chula Vista under the supervision of the City's Environmental Review Coordinator. The responsibilities of the Environmental Monitor Specialist will include the review of the Village Six grading plans, final maps, improvement plans and building permits for conformance to the requirements of the mitigation monitoring program. The Environmental Monitor will also be responsible for attending team meetings, as well as monitoring compliance for several technical issues such as air quality, noise and cultural resources. Contract Payment: The amount for this three-party agreement is $42,050, which includes a cont'mgency of $13,000 for additional services if determined necessary. The project applicant will also reimburse any City staff time associated with implementation of the MMRP through a separate deposit account. Page 3, Item No.: Meeting Date: June 4~ 2002 FISCAL IMPACT: There would be no impact to thc General Fund. The project applicant, Otay Project L.P., through a deposit account, will pay the mitigation monitoring consulting fees. RESOLUTION NO. RESOLUTION OF THE CITY OF CI'IULA VISTA CQUNCIL APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY'-QF CHULA VISTA; RBF CONSULTING, CONSULTANT; AND OTAY PROJECT L.P., APPLICANT, FOR MITIGATION MONITORING AND ENViRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on January 22, 2002 the City Council certified EIR 98-01 and adopted the accompanying Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the implementation of the MMRP necessitates the expertise of an Environmental Monitor Specialist and requires the hiring of a Consultant; and WHEREAS, it was determined by the Director of Planning and Building that staff has neither the available time or expertise to perform the subject work; and WHEREAS, the Applicant has deposited or will deposit funds necessary for the mitigation monitoring services; and WHEREAS, the City solicited request for proposals from three qualified consulting firms in accordance with the City's informal bidding process, and three proposals were received by the City that were responsive to the request; and WHEREAS, the City is in immediate need of an experienced environmental consultant that is familiar with the City's policies and procedures and the California Environmental Quality Act; and WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this project based on their on projects of a similar nature, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within this region; 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. WHEREAS, the proposed contract with RBF to provide mitigation monitoring services would be in an amount not to exceed $42,050. NOW, THEREFORE, BE-IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the three-party agreement between the City of Chula Vista; RBF 7-'1 Consulting and Otay Project L.P. ("Applicant") to conduct mitigation monitoring for the Village Six Sectional Planning Area Plan. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building (A~~ John M. Kaheny City Attorney ,-6 DRAfT THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ;J(¡IlC ~ ¡}} ~hn M. Kaheny City Attorney Dated: 5-29-02 AGREEMENT WITH RBF CONSULTING, CONSULTANT, AND OTAY PROJECT L.P., APPLICANT, FOR MITIGATION MONITORING AND ENVIRONMENTAL SERVICES TO BE RENDERED FOR THE VILLAGE SIX SECTIONAL PLANNING AREA PLAN 7-(:, Three-Party Agreement DR AFT Between City of ChuIa Vista, RBF Consulting, Consultant, and Otay Project L.P., Applicant For Consulting Work to be Rendered with regard to Applicants' Project 1. Parties. This Agreement is made as ofthe 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 of the State of California, the person designated on the attached Exhibit A as "Consultant", RBF Consulting (herein after referred to as "RBF") whose business form and address are indicated on the attached Exhibit A, and the persons collectively designated on the attached Exhibit A as "Applicant", Otay Project L.P. whose business forms 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 ofland ("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 permits ("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 frame 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 perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 5/1 6/02 Three-Party Agreement Page t 7-7 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 perform to, and for the primary benefit of, City, and solely at City's direction, all ofthe 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 perform to and for the benefit of City all of the 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 perform 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 perform 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 terms 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 5/16/02 Three-Party Agreement Page 2 7-8 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, 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. Ifthe Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from 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 determine that additional work is required to be performed 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 ofthe costs of the additional work which the City determines 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 from Consultant, from time to time reduce the 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. 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 Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 5/16/02 Three-Party Agreement Page 3 7-<1 3.3.1.1.2. All interest eamed 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 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 termination of this Agreement and any claims resulting therefrom. 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 determine 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 terms 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. I. 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 ofloss 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: 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. 5/16/02 Three-Party Agreement Page 4 ,-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 from 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 of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 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 ofInsurance 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 concun'ence of the 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 performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. 5/16/02 Three-Party Agreement Page 5 7-/J 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 performing 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 permission 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 promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from 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 performed 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 of this agreement. 7. Conflicts ofInterest. 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 Reform 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 determined 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 5/16/02 Three-party Agreement Page 6 7-12 governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. 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 inventòry of Consultant's econornic 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. 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 term 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 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. 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 ofthe Project, or in any property within 10 radial miles from 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 performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term ofthis Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term ofthis Agreement, or for 12 months after the expiration of this Agreement. 5/16/02 Three-Party Agreement Page 7 7 -13 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. 8. Default of the Consultant for Breach. This agreement may be terminated 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. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate 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 terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event oftermination 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 performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution ofthis agreement and prior to its termination. 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 termination. 9.4. In the event of termination 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 performance 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 terminate Consultant, and shall not exercise any control . or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. 5116/02 Three-Party Agreement Page 8 7 -11f No suit 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 ofChula 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. 11. Hold Harmless and Indemnification. Il.l. Consultant to Indemnify City reo Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees from 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 ofthe Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms 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 from the sole negligence or sole willful misconduct of the City, its officers, or employees. 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. With respect to losses arising from Consultant's professional errors and omiSSions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attomeys fees) except those claims arising from the negligence or willful misconduct of City, it officers or employees. Consultant'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. 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 termination of this Agreement. 11.2. Applicant to Indemnify City reo Compensation of Consultant. Applicant agrees to defend, indemnif'y and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting from or 5/16/02 Three-Party Agreement Page 9 7-/5 arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 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 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 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. 5/16/02 Three-Party Agreement Page 10 7 -I?:' 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 from 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. 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 performance hereunder, shall be the City ofChula Vista. 13.7. Modification. No modification or waiver of any provision ofthis 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 mo(e 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 of this Agreement shall for any reason, be determined 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 determination, implement and give effect to the intentions ofthe 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. 5/16/02 Three-Party Agreement Page 11 7-11 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. 13.12. Remedies. The rights of the 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 performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance 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 ofthe promises of Consultant to provide services paid for by Applicant. 14. 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 umestricted 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. (End of Page. Next Page is Signature Page.) 5/16/02 Three· Party Agreement Page 12 7-/g' Signature Page To Three-Party Agreement Between City of Chula Vista, RBF Consulting, Consultant, and Otay Project, L.P., Applicant For Consulting Work to be Rendered with regard to Applicants' Project (page 1 of 2) NOW THEREFORE, the parties hereto, having read and understood the terms and conditions ofthis agreement, do hereby express their consent to the terms hereofby setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: John M. Kaheny, City Attorney Dated: Consultant: RBF Consulting By: ~~-ß.~ Richard A. Rubin, Senior Vice President 5/16/02 7-/q Three-party Agreement Page 13 Signature Page To Three-Party Agreement Between City of Chula Vista, RBF Consulting, Consultant, and Otay Project L.P., Applicant For Consulting Work to be Rendered with regard to Applicants' Project (Page 2 of 2) Dated: 5/ d-4-/ 0 ð- Applicant: Otaypr~. '~ ~ II /1,1 L . ¡1", By: W /vu:......-- V, ¿¿ f(¿s) dePd- Title: 5/16/02 7~2D Three-Party Agreement Page 14 Exhibit A Reference Date of Agreement: May 16, 2002 Effective Date of Agreement: Date of final City signature of agreement City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Consultant: RBF Consulting Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 9755 Clairemont Mesa Blvd., Suite 100 San Diego, CA 92124-1324 Applicant: Otay Project L.P. Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation (X) Other: A California Limited Liability Company Address: 350 West Ash Street, Suite 730 San Diego, CA 92101 1. Property (Commonly known address or General Description): The property is commonly known as the Otay Ranch Village Six. It consists of approximately 386- acres of undeveloped land in the eastern portion ofthe City ofChulà Vista. The project is located in the Otay Valley parcel of the Otay Ranch General Development Plan (GDP) project area and is surrounded by La Media on the west, Otay Ranch Village One on the north, future SR-125 on the east and Birch Road on the South. 5/16/02 Three·Party Agreement Page 15 7 - 2-1 2. Project Description ("Project"): The project consists of mitigation monitoring services for Village Six (Otay Ranch Company Ownership). RBF shall serve as the Environmental Monitor Specialist responsible for ensuring that mitigation measures are implemented as outlined in EIR 98-0 I. 3. Entitlements applied for: Future grading plans, final maps, improvement plans, building permits, design review and conditional use permits 4. General Nature of Consulting Services ("Services--General"): RBF shall serve as the Environmental Monitor Specialist for the Village Six (Otay Ranch Company ownership) Mitigation Monitoring and Reporting Program to the satisfaction of the City's Environmental Review Coordinator. 5. Detailed Scope of Work ("Detailed Services"): RBF shall serve as the Environmental Monitor Specialist for the Village Six (Otay Ranch Company ownership) Mitigation Monitoring and Reporting Program (MMRP). RBF will serve as the Environmental Monitor Specialist for a period of five years serving as an extension of staff for the Village Six project. RBF will also be responsible for providing mitigation monitoring services and any other environmental expertise, as the City deems necessary, to oversee implementation of the conditions of the MMRP. Specific responsibilities of the Environmental Monitor Specialist with reference to the Village Six Mitigation Monitoring and Reporting Program will include, but may not be limited to: A. Research and Mitigation Identification: This first phase will involve basic research related to the project, determining which mitigation measures have been satisfied and which ones are remaining. The process will also include acquiring all of the proper documents that identify the mitigation requirements (e.g. MMRP, environmental impact reports, etc.). B. Plan Review: RBF shall review all proposed plans, as requested by the City, for consistency with the mitigation monitoring and reporting plan for the Village Six project. RBF will provide a brief memorandum that documents the results of each review. C. Substantial Conformance: RBF shall provide input to City staff as requested for consideration of substantial conformance review for any plan modifications that may be proposed during the course of project development. 5/16/02 7-22- Three-Party Agreement Page 16 5/16/02 D. Field Monitoring and Coordination: RBF shall conduct periodic field checks of the Village Six project site to ensure that onsite mitigation measures are being implemented. In addition, RBF will make sure that construction is proceeding according to the requirements in the MMRP. RBF will observe construction methods and interview construction supervisors as a part of this effort. RBF shall be responsible for documenting all field visits and will coordinate with the City as needed to inform staff of any issues. RBF will periodically, and at the request of the City, provide written field inspection updates to City staff. E. Mitigation Monitoring Issue Areas: RBF shall verifY that all mitigation measures listed in the approved MMRP for the project have been implemented to the satisfaction of the City. Additionally, specific issue areas shall be reviewed by the Environmental Monitor Specialist with reference to the Village Six MMRP including, but not be limited to: Noise: RBF will review noise reports prepared as part of the development of Village Six. It is anticipated that this will include both exterior noise analyses and building plan interior noise studies. Reports will consider the adequacy of the analysis and the sufficiency of recommended compliance measures. For exterior studies RBF will confirm the adequacy of any barrier heights and locations needed to comply with the City's adopted noise standards. For the interior noise reviews RBF will evaluate the composite transmission loss analyses and adequacy of conclusions. Cultural Resources: RBF will review the cultural resources monitoring effort for the site and will review any mitigation report prepared as a result of that monitoring. Paleontolof!Y: RBF will review the paleontology monitoring effort for the site and will review any mitigation report prepared as a result of that monitoring. Air Quality: RBF will monitor construction activities throughout the duration of the project for compliance with mitigation measures. F. Documentation/Memoranda: RBF shall verify that each mitigation measure has been satisfied consistent with the MMRP. RBF shall prepare letters to the applicant with a list of the mitigation measures that must be satisfied prior to the issuance of the next permit or approval. RBF shall submit the appropriate documentation to City staff verifying that each mitigation measure has been satisfied. All documentation prepared for each monitoring component of the project shall be subject to the approval of the City. G. Meetings: RBF will attend team meetings and pre-construction meetings, at the Î ~ 2-3 Three-Party Agreement Page 17 request of City staff, during the planning and construction phase of the project. 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 Deliver abies: Upon the completion of each required task as set forth in Sections 5 B through F above, RBF shall provide written monitoring reports to the City's Environmental Review Coordinator Dates for Completion of all Consultant Services: The term of this agreement shall be for five years from the effective date of this Agreement. 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) tentative tract maps ( ) architectural elevations (X) project description. (X) other: Village Six EIR and Appendices, grading plans 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Kim Kilkenny, President, Otay Project, L.P. Consultant: Jeff Barfield, Vice President, Planning, RBF Consulting 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. ( ) Category No. I. ( ) Category No.2. ( ) Category No.3. Not an FPPC Filer. Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority ofthe department. 5/16/02 7-Z-If Three· Party Agreement Page 18 ( ) Category No.4. ( ) Category No. 5. ( ) Category No.6. ( ) Category No.7. 10. Insurance Requirements: Investments in business entities and sources of income , which engage in land development, construction or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. 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. Business positions. (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 Commercial General Liability coverage). 11. Permitted Subconsultant: N/ A 5/16/02 Three-Party Agreement Page 19 7-26 · . Exhibit B Additional Recitals WHEREAS, on January 22, 2002 the City Council certified EIR 98-01 and adopted the accompanying Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the implementation of the MMRP necessitates the expertise of an Environmental Monitor Specialist and requires the hiring of a Consultant; and WHEREAS, it was determined by the Director of Planning and Building that staff has neither the available time or expertise to perform the subject work; and WHEREAS, the Applicant has deposited or will deposit funds necessary for the mitigation monitoring services; and WHEREAS, the City solicited request for proposals ITom three qualified consulting firms in accordance with the City's informal bidding process, and three proposals were received by the City that were responsive to the request; and WHEREAS, the City is in immediate need of an experienced environmental consultant that is familiar with the City's policies and procedures and the California Environmental Quality Act; and WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this project based on their on projects of a similar nature, their experience with the resource agencies, their grasp of the project's complexities, and the firm's project experience within this region; and WHEREAS, the Environmental Review Coordinator has negotiated the details ofthis agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. WHEREAS, the proposed contract with RBF to provide mitigation monitoring services would be in an amount not to exceed $42,050. 5/16/02 7-20 Three-Party Agreement Page 20 Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all ofthe General and 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: ( ) Single Fixed Fee Amount: Milestone or Event Percent and Amount of Fixed Fee ( ) 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 be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. (X) Time and Materials - $42,050.00 Mitigation Monitoring Services for the Village Six SPA Plan EIR 98-01 For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours oftime 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: 5/16/02 7-~7 Three-Party Agreement Page 21 ( ) 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 I 0% of the contract. ( X ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $29,050 (plus $13,000 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. CONSULTANT COST BREAKDOWN Task Research and Mitigation Identification Plan Review and Substantial Confonnance Field Monitoring Mitigation Monitoring Issue Areas DocumentationlMemoranda Meetings Direct Costs Subtotal Contingency"" TOTAL Estimated Time 8 128 160 12 10 12 N/A N/A N/A 220 Estimated Cost $760 $12,160 $10,400 $1,140 $950 $1,140 $2,500 $29,050 13,000 $42,050 ""The Environmental Review Coordinator in her discretion independently or upon request from the Consultant, from time to time, may negotiate additional services to be perfonned by the Consultant under this Agreement in order to cover unforeseen issues that may be identified during the mitigation monitoring process ("Additional Services"). The cost of Additional Services in connection with the mitigation monitoring services shall not exceed $13,000). 5/16/02 7-2-2 Three-Party Agreement Page 22 CONSULTANT RATE SCHEDULE PLANNING MANAGERlPRINCIPAL IN CHARGE ............................... $ 115.00 ENVIRONMENTAL MANAGER.............................................................. $ 80.00 ENVIRONMENTAL ANALYST ............................................................... $ 75.00 NOISE SPECIALISTl... ........ ............................. ......................................... $ 95.00 NOISE SPECIALIST2... ........ ..................... ......... ......... ...,... ........................ $ 85.00 PLANNER ................................................................................................... $ 60.00 GRAPIDC/CAD DRAFTER ....................................................................... $ 55.00 ADMINISTRATIVE ASSISTANT ............................................................. $ 40.00 (X) Hourly rates may increase by 5% annually for services rendered after May 2003. Changes in technical staff categories and annual rate increases may be implemented based on project need and following notification to and discussion with the City. 5/16/02 7 - Z1 Three-Party Agreement Page 23 Materials Separately Paid For by Applicant- ( ) Materials Reports Copies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( ) Long Distance Telephone Charges ( ) Other Cost or Rate NA NA NA NA NA NA NA ----------------------------------- Deposit (X) Deposit Amount: $20,000 - As agreed to by the Applicant, 100% of the Deposit ($20,000) is to be made by Otay Project, L.P. 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. (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 from 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. ---------------------------------- 5/16/02 7~30 Three-Party Agreement Page 24 (X) 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 ofthe Month ( ) 15th Day of each Month (X) End ofthe Month ( ) Other: 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: $ ( ) 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: ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services to the satisfaction of the Environmenta] Review Coordinator. ( ) Other: 5/16/02 Three·Party Agreement Page 25 7-31 COUNCIL AGENDA STATEMENT Item :3 Meeting Date 6/4/2002 ITEM TITLE: Public Hearing regarding acquisition of certain rights-of-way on portions of Assessors Parcel Numbers (APN) 644-060-07, 644-060-12, 645-030- 19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644- 060-06, 644-090-03 for construction of "Phase III of the Salt Creek Gravity Sewer Interceptor" project (SW -219). Resolution Adopting Policy Option 1 as the project alignment for the construction of the Salt Creek Gravity Sewer Interceptor. SUBMITTED BY: Resolution Determining and declaring the public necessity to acquire certain rights-of-way on portions of Assessors Parcel Numbers (APN) 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, 644-090-03 for acquisition and construction of "Phase III 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 pr~,rty in the manner provided by law. Director of Public Works ttr REVIEWED BY: City Manager0P <V' ý,,9\ (4/5ths Vote: Yes X No.-J BACKGROUND: The Salt Creek Gravity Sewer Interceptor is a 12.5-mile sewer pipeline currently being designed to primarily serve the developments within the Salt Creek Basin. In addition, this trunk line will also convey flows from the Poggi Canyon and Wolf Canyon Basins and some portion of the Main Street Basin (Exhibit "A"). This sewer line is a major component of the development planning for the eastern portion of the City. As part of the environmental review process to analyze potential environmental impacts resulting from the construction of this facility, an Environmental Impact Report (EIR) was prepared for this project. The EIR included an analysis of four possible alignments for the trunk sewer termed "Policy Options 1 through 4". The ErR was certified by Council on July 17, 2001. At that time, Council was asked to certify the EIR without selecting an alignment, however, today, Council is being asked to evaluate and select one of the policy options as the project alignment. The final design of the Salt Creek Gravity Sewer Interceptor and its construction cannot begin until an alignment is chosen and the subject properties are purchased. To facilitate this, the owners of the properties identified as APN 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, 644-090-03 (See Exhibit "A") 3-1 Page 2, Item: ~ Meeting Date: 6/4/2002 were sent the City's offer documents offering to purchase the properties subject to City Council approval. The City's right-of-way acquisition consultant, Ryals & Associates, made the offers, which were based on independent MAI appraisals to the property owners of record contingent upon City Council approval. Negotiations to purchase the needed rights-of-way will continue in the 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 choose a policy option and initiate eminent domain proceedings for the subject properties in the event that negotiations with the property owners ultimately prove to be unsuccessful and to ensure that timely possession can be secured to meet construction timetines. A portion of the proposed project alignment is within the same corridor as the newly installed City of San Diego Water Pipeline. Staff has been working closely with City of San Diego staff to ensure that both projects are compatible. RECOMMENDATION: That Council: 1. Approve the Resolution adopting Policy Option 3 as the project alignment for the construction of the Salt Creek Gravity Sewer Intemeptor (Policy Options 1 through 4). 2. Hold the Public Hearing regarding acquisition of certain rights-of-way on portions of Assessors Parcel Numbers (APN) 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, 644-090-03 for construction of "Phase IIi of the Salt Creek Gravity Sewer Interceptor" project (SW- 219); and 3. Approve the Resolution of Necessity to commence the eminent domain process and authorize the commencement of condemnation proceedings by outside counsel, Linda Bartz & Associates, to acquire said rights-of-way and to obtain possession of the properties in the manner provided by law; and BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Project Description The area of Chula Vista known as the "Eastern Territories," more specifically described as that area within the City's General Plan area, east of 1-805, is partially developed. It consists of several large vacant land holdings (EastLake, Otay Ranch, Rancho Del Rey, Rolling Hills Ranch, San Miguel Ranch, and Sunbow II), which are in various stages of development. Page 3, Item: Meeting Date: 6/4/2002 The Salt Creek Gravity Sewer Interceptor is a 12.5-mile sewer pipeline ranging in size from 18 to 42 inches in diameter at the westerly end that is segregated into nine reaches (commonly referred to as Reaches 1 through 9). This facility was designed to convey flows from the planned mixed-use developments in eastern Chula Vista at build-out to the City of San Diego's Metro Interceptor west of the i-5 Freeway. There are five main drainage basins in Chula Vista; Sweetwater River Basin, Telegraph Canyon Basin, Poggi Canyon Basin, Wolf Canyon Basin and the Salt Creek Basin. The Wolf Canyon Basin drains into the Salt Creek Basin. Currently, sewage generated from existing land uses within the Salt Creek Basin and a portion of the Poggi Canyon Basin is pumped into the Telegraph Canyon Trunk Sewer since most of the Poggi Canyon Trunk Sewer is still under construction and the Salt Creek Gravity Sewer is still in the design phase. Upon completion of Reach 9 of the Salt Creek Gravity Sewer, the Poggi Canyon Trunk Sewer will be diverted from the Date/Faivre Trunk Sewer line (to which it is temporarily connected) and connected to the Salt Creek Gravity Sewer. Therefore, flows currently being pumped into the Telegraph Canyon Trunk Sewer from that basin will then be re-routed to the Poggi Canyon Trunk Sewer. The Telegraph and Poggi systems were not designed to convey the volumes of flow anticipated as a result of total build-out within the City's eastern development area. As explained in the General Plan, in order to accommodate planned and approved developments within this area, construction of a new or expanded sewer facility is necessary and was anticipated by the General Plan for the City of Chula Vista. The Salt Creek Sewer Interceptor has been sized to accommodate total build-out of the eastern portion of the City as anticipated in the General Plan. 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 heating 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; C. The properties sought to be acquired are necessary for the project; Page 4, Item: Meeting Date: 6/4/2002 D. Offers have been made to the record owners or have not been made because the owners cannot be located; and E. The project is compatible with the existing City of San Diego Water Pipelines within the corridor of the proposed alignment. The properties that are the subject of this public hearing are portions of APN 644-060-07, 644- 060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060- 06, and 644-090-03. Some of the owners of said parcels were initially presented with written offers in the amounts shown below on May 7, 2002 and the other offers were sent on May 8, 2002, to grant the City sewer easements over certain portions of their property required for the construction of"Phase III of the Salt Creek Gravity Sewer Interceptor" project (SW-219). Table 1 Property Assessor Temp. Const. Permanent Compensation Owner Parcel No. Easement Easement Amount Stephen & Mary Birch 644-060-07 225,996 S.F 225,996 S.F $10,300 Foundation Inc. 644-060-12 645-030-19 646-010-02 Otay Land Company 644-060-11 149,298 S.F 149,298 S.F $8,400 LLC 646-010-03 644-080-09 644-090-04 United Enterprises Inc. 644-060-06 9,791 S.F 9,791 S.F $550 Jewels of Charity Inc. 644-090-03 56,180 S.F 56,180 S.F $3,175 Total Compensation $22,425 The offers were based on appraisal and complied with requirements of Government Code Section 7267.2. The City's fight-of-way acquisition consultant, Ryals & Associates, is currently contacting the property owners in an attempt to acquire the needed easements for portions of their property by negotiations. Since the construction of this project is crucial to the continued development of the City of Chula Vista, City staff recommends that Council authorize the use of the City's eminent domain powers by adopting a Resolution of Necessity. One of the constraining factors for construction scheduling of the project is the fact that the alignment traverses areas that contain habitat for sensitive bird species, including the threatened California gnatcatcher and the endangered least Bell's vireo. The breeding activities of these birds can be impacted, both directly and indirectly by construction activities. The proposed construction schedule has been developed to avoid such impacts by completing construction during times when breeding does not occur. In order to meet this construction schedule, possession of these required properties must be obtained as soon as possible. Absent agreement with the owners, condemnation is necessary in order to gain possession. Page 5, Item:~ ~ Meeting Date: 6/4/2002 By letter dated May 17, 2002, City staffnotified Birch Foundation, Otay Land Company, United Enterprises and Jewels of Charity of a public hearing scheduled for Tuesday, Jtme 4, 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 Council with regard to the City's right to acquire their property. ENVIRONMENTAL The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in a previously adopted environmental impact report, EIR 01-03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary to address the proposed minor change to the sewer alignment and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, EIR 01-03. PROJECT ALIGNMENT: The Salt Creek Trunk Sewer currently has an alignment that generally begins just west of the Upper Otay Reservoir, then proceeds southerly parallel to the Salt Creek and the Otay Valley Rivers, then tums Westerly along Main Street, continuing under the 1-805 Freeway along Main Street to Industrial Blvd., after which it goes under the I-5 Freeway and terminates at a junction structure that ties it to the City of San Diego's Metro Sewer line just west of Interstate 5. POLICY OPTIONS: In an effort to address concerns of the wildlife agencies and the objectives of the City, alternative routes were analyzed in the EIR for Reach 3 and a portion of Reach 4. This particular portion of the project is an area that has sensitive resources. For this reason, staff developed and analyzed alternative routes that had varying levels of mitigable impacts. These alternative routes were described as Policy Options 1 and 2 in the EIR and Policy Options 3 and 4 in the Addendum to the EIR. All of the options have been analyzed at a project-level. The remaining Reaches of the project would remain the same under any one of these Policy Options. Staff is recommending Policy Option 3. Following is a description of the Policy Options and discussions of their relationship to the analysis contained in the EIR for the Salt Creek Gravity Sewer Interceptor. Page 6, Item: 3' Meeting Date: 6/4/2002 Policy Option 1 - Single Pipe - Gravi .ty Flow System Description Policy Option 1 follows the conceptual alignment identified in the Otay Ranch General Development Plan. It consists of the segment of pipe within Reaches 3 and 4 of the proposed alignment that is designed for gravity flow. Beginning at the end of the approved and/constructed Reaches 1 and 2 at Olympic Parkway, the alignment runs southerly through cultivated agricultural fields, continuing through the lower portions of the slopes that define the western side of the Salt Creek Canyon. This area contains native upland habitat through approximately two-thirds of the alignment (approximately 6,000 If of the 9,000 If length). The alignment continues southerly where it connects to the northerly end of the existing portion of the pipeline referred to as Reach 4. Pros This option provides for the conveyance of flows within an efficient gravity system. It also allows for the decommissioning of the existing pump stations hence resulting in significant cost savings accruing from the elimination of maintenance and operation costs associated with the existing pump stations. This option also provides for the construction of a maintenance access road along the pipe alignment. This access road would allow staff to easily maintain the system and respond to emergencies quickly. Cons This option has some impacts to natural upland habitat and also provides for the construction ora maintenance access road through the preserve. However, the Resource Agencies have expressed concerns about the introduction of human activity into the canyon because of maintenance activity. Cost The cost of this option is approximately $1,450,000. This cost includes the cost of the installation of the pipes and the manholes, and the construction of the maintenance access road. Policy Option 2 - Dual Force Mains - Pumped Flow System Description Policy Option 2 is an alternative alignment, also within Reaches 3 and 4, that would avoid most of the impacts to sensitive upland habitat along the western slopes of Salt Creek Canyon. This option requires the construction of a new pump station that will be located at the southern terminus of Reach 2. The pump station and force mains are required because the elevations of portions of Hunte Parkway are too high to allow for gravity flow. Beginning at the pump station, dual force mains will be installed along an alignment that is either within or parallel to the approved alignment for the future Hunte Parkway, on the eastern edge of future Village 11 of Otay Ranch. At a point along Hnnte Parkway where the topography changes, the force main will connect to gravity lines. Continuing along that planned roadway to the existing SDG&E and County Water Authority easements after which the alignment tums south, parallel to the Page 7, Item: ,~ Meeting Date: 6/4/2002 easements and connects to the northerly end of the existing portion of Reach 4. The length of this option is approximately 12,000 If. Pros This Option would reduce the impacts to upland habitat and remove the trunk line fi.om the canyon as requested by some in the environmental community. Cons This Option would require the construction of a new pump station that would pump the flows around the area that has the sensitive resources. The construction of the new pump station would have significant cost impacts resulting fi.om the maintenance and operation of the pump station over its expected lifetime (assumed for the purposes of this analysis to be 75 years). This alignment also impacts the provision of sewer service to a portion of the Village 11 development by gravity, since the laterals from Village 11 cannot be connected to the force mains connecting the pump station to the downstream gravity lines. The Olympic Training Center would also need to have a significantly long lateral to be able to connect to the Salt Creek Trunk Sewer for the same reason. Cost This Option is estimated to cost approximately $12,600,000. The initial capital costs were estimated to be approximately $5,300,000 and the maintenance, operations and replacement costs were estimated to have a present value of approximately $7,300,000 over the lifetime of this pump station (assuming a term of 75 years, interest rate of 5% and annual costs of $375,000). Policy Option 3 - Dual Pipes - Gravity Flow System (Staff Recommended Option) Policy Option 3 consists of a dual pipe system, with no permanent access road, within the same alignment and disturbance area as Policy Option 1. At the northern terminus of the pipe, which is the southern end of Reach 2, a diversion structure would be constructed that would branch the single pipe into two equivalently sized 21-inch diameter pipes laid parallel to one another at the same grade. One of the pipes would be the primary facility, the other would be provided as a backup in the event that the primary pipeline became obstructed or damaged. If such an emergency situation were to occur, flows would be diverted from the primary pipe to the secondary pipe that would carry the flows until actions taken to restore the functionality of the primary pipe are complete. Pros This option provides for the conveyance of flows within an efficient gravity system. It also allows for the decommissioning of the existing pump stations hence resulting in the significant cost savings accruing fi.om the elimination of maintenance and operation costs of the existing pump stations. This system would allow for adequate time to determine an approach to the repair/maintenance that best avoids impacts to sensitive resources in the area, such as accessing the pipe in the non-breeding season for sensitive bird species along routes determined to be the least sensitive, depending on the location of the required activities. This would eliminate Page 8, Item: Meeting Date: 6/4/2002 permanent impacts to sensitive resources associated with a maintenance access road. Under this Option, the entire construction corridor would be revegetated with natural vegetation. Cons This option would eliminate the construction of a maintenance access road along the pipe alignment, which makes it more difficult for the maintenance crews to get into the area if necessary. Cost This option is estimated to cost approximately $3,250,000. This cost includes cost of the installation of the dual pipes, manholes, diversion structures and other related miscellaneous costs. Policy Option 4 - Single Pipe (Micro-Tunneled) - GraviS. Flow System This option is a slight modification of Policy Option 2. Policy Option 2, as described and analyzed in the EIR, involves pumping of flows from the southerly terminus of Reach 2 up to an alignment that is parallel to or within futura Hunte Parkway, on the eastern edge of future Village 11 of Otay Ranch. This Policy Option would eliminate the need for the pump station by tunneling through areas of higher topography containing sensitive resoumes, to a point within Hunte Parkway that is low enough to allow for gravity flow within the graded areas proposed for Hunte Parkway. The sewer alignment would continue within or adjacent to the Hunte Parkway alignment until the grade of Hunte Parkway begins to rise again. At that point, another tunnel would be advanced to connect the pipe to a point immediately west of the existing SDG&E easement. At that point, the alignment for Policy Option 4 would continue along the same alignment as that identified for Policy Option 2. Policy Option 4 would eliminate the need for the pump station proposed under Policy Option 2. Pros This Option would significantly reduce the impacts to upland habitat and remove the trunk line from the canyon as requested by some in the environmental community. Cons This Option would require the construction of the sewer line through areas of high topography. Under this option, upon the completion of the installation of the sewer line by micro tunneling, there will be regions of the system where the pipeline would be inaccessible because of the resulting depths of the manholes. The depth of the manholes could reach 40 - 45 feet in some areas. That would mean that either dual lines are constructed to provide redundancy (which increases the cost of the project) or the system would not be accessible within those regions. This could ultimately increase the risk of a sewer spill in case of blockage in that region of the pipeline since staff would not be able to get in and make the necessary repairs in a timely manner. Page 9, Item: ~: Meeting Date: 6/4/2002 Cost This Option is estimated to cost approximately $4,800,000. These are costs that are primarily associated with micro tunneling which is a very expensive installation process. SUMMARY OF IMPACTS: Environmental The EIR concluded that those impacts determined to be significant could all be mitigated to less than significant. Mitigation measures were included for all of the Policy Options. Therefore, depending upon which Option is selected; there will not be a need to implement mitigation measures that do not pertain to the Options not selected. Options I & 2 The following issues have mitigation measures identified in the EIR for all Reaches and Policy Options 1 and 2: · Aesthetics (Reach 3 and 4 - Policy Option 2) · Air Quality (all Reaches, all Options) · Biological Resources (all Reaches, all Options) · Geological Resources (all Reaches, all Options) · Hydrology (all Reaches, all Options) · Land Use (Reach 9) · Traffic (Reaches 5, 6, 7, 8a/b and 9aJb) · Paleontolgical (all Reaches, all Options) The following is a brief discussion of the impact analysis contained in the EIR related to Policy Options 3 and 4: Option 3 - (Staff Reconunended Option) Although the EIR indicated that direct and indirect permanent impacts related to Policy Option 1 could be reduced to a less than significant level by proposed mitigation, Policy Option 3 would further reduce the stated impacts by converting the direct permanent impacts to sensitive habitat, to temporary impacts. In addition, indirect impacts or "edge effects" from construction and use of the access road would be avoided. Option 4 Policy Option 4 would further reduce biological impacts related to Policy 2 by advancing the pipe within a tunnel, which would avoid impacts to sensitive habitat in areas where it is necessary to cross undisturbed areas to maintain appropriate elevations for the pipe to allow for flow by gravity. Impacts associated with Policy Option 4 are similar to those associated with Page 10, Item: Meeting Date: 6/4/2002 Policy Option 2 in the portions of the alignment of Policy Option 4 that are within future Hunte Parkway. The portions of Policy Option 4 that differ from Policy Option 2 are the portions that would be placed within tunnels. The micro tunneling operation would avoid impacts to environmental resources on the ground surface. Policy Option 4 would not result in any new or intensified impacts over what has been analyzed in the EIR. Table 1 Summary of Policy Options and Impacts (Environmental and Fiscal) Option Description Pros Cons Est. Cost 1 Single Pip~Gravity Flow Provides for a single pipe Permanent Impacts to upland $1,450,000 gravity system, habitat. Maintenance access road. Decommissioning of Pump Stations. 2 DualPipes-Pumped Flow Avoids Impacts to upland Requires the construction of a $12,600,000 habitat and takes the new pump station and its trunk sewer out of the associated maintenance costs, canyon, risks and expenses. Lengthy laterals from OTC and Village 11 3 Dual Pipes - Gravity flow Provides for a dual-pipe There are additional costs $3,250,000 gravity system, incurred because of the extra pipe and the diversion Avoids permanent structures. impacts to upland habitat. No access road for a quick response in case of an emergency that compromises both pipes. Temporary impacts to upland habitat. 4 Single Pipe- Micro Reduces mapacts to The system would either have $4,800,000 Tunneled- Gravity Flow upland habitat, very deep manholes or would be inaccessible in some areas. REQUIRED FINDINGS FOR RESOLUTION OF NECESSITY FOR ACQUSITION OF THE PROPERTIES IDENTIFIED AS ASSESSORS PARCEL NUMBERS (APN) 644-060- 07, 644-060-12, 645-030-19, 646-010-02, 644-060-11,646-010-03, 644-080-09, 644-090-04, 644-060-06, 644-090-03 The City has the right to acquire the properties through eminent domain, if the following findings are made. Provided below are the principal findings to be considered by City: Page 11, Item: ( Meeting Date: 6/4/2002 (a) Findings As To Whether The Pnblic Interest And Necessity Require The Project The construction of the Salt Creek Gravity Sewer Interceptor is crucial to the continued planned and approved development in the eastern portion of the City. Currently, both the Telegraph Canyon Trunk Sewer line and the Date/Faivre Trunk Sewer line, which are now temporarily supporting development in that portion of the City, are both approaching threshold capacity within certain reaches of both systems. The public interest and necessity require that 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 of the developed portions of the Main Street Basin. (b) Findings As To Whether The Project Is Planned Or Located In The Manner That Will Be Most Compatible With The Greatest Public Good And The Least Private Injury 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. In addition, the project will be located mostly within an already disturbed dirt road and would not result in any new significant impacts. The project has also been designed and located such that it is compatible with eXlstmg utilities along the path of the alignment. Specifically, Staff has been working with the City of San Diego to ensure that our project meets that City's criteria and construction specifications in order to reach an agreement with the City of San Diego and or a finding by the Court for compatible use. The project is compatible with the existing City of San Diego Water Pipelines within the corridor of the proposed aligrunent. (c) Findings As To Whether The Properties Sought To Be Acquired Are Necessary For The Project The properties sought to be acquired are necessary for the proj ect because they are located within the proposed sewer alignment corridor and within additional areas needed temporarily to facilitate the project's construction. (d) Findings As To Whether The Offer For Purchase Required By Government Code Section 7267.2 has been Made To The Owner Of Record On May 17, 2002, in accordance with Government Code Section 7267.2, the City made offers to the property owners of record to acquire the properties for amounts constituting just compensation, as determined by an appraisal. 9-11 Page 12, Item: Meeting Date: c:, u 6/4/2002 (e) Findings As To Whether The Project Is Planned To Be Compatible With Existing Facilities See item (b) above. Portions of APN 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, 644-090-03, as depicted on Exhibit "B", are necessary for "Easements for Sewer Purposes" that will be used for the construction and maintenance of a 42- inch trunk sewer line. The approximate areas of said easements are shown on Table I. The selection of the project's sewer line aligrunent will cause minimal private damage to the subject properties because it is located in a manner that does not compromise the future development of the properties. In addition, "Temporary Construction Easements" (areas also shown in Table I), will be needed adjacent to the sewer easements in order to facilitate the project's construction. These easements are only temporary and will not extend beyond December 31, 2004. The adoption of the requested Resolution of Necessity will allow the City to initiate the proceedings to acquire possession of the necessary rights-of-way for Phase III of the subject project. Commencement of the eminent domain proceedings will authorize the filing of complaint(s) with the Superior Court. The outside legal counsel services of Ms. Linda Bartz will be utilized for the associated condenmation proceedings. Ms. Bartz has reviewed the Resolution of Necessity and determined that the requested action is in compliance with all applicable laws, City codes and ordinances. Both Ms Bartz and a representative from our right-of-way acquisition consultant (Ryals and Associates), Mr. Rick Ryals, will be present this evening for questions. The action will facilitate the construction of the downstream portion of the Salt Creek Gravity Sewer Interceptor to the already constructed upstream portions ofthe sewer line. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the properties described herein have been complied with by the City of Chnla Vista. Based upon the above reference findings and others contained in the attached Resolution of Necessity (RON), Staffrecommends adoption of the RON to continue with the project while the property acquisition is completed. Additional information regarding the above findings is contained in the attached Resolution of Necessity. S-/2 Page 13, Item: Meeting Date: 8 6/4/2002 ST AFF RECOMMENDATIONS AND JUSTIFICATIONS: The Policy Options Upon evaluating all the options listed on Table 1, Staff determined that Option 3 would best meet the City's short-term and long-term goals: the short-term goal of providing sewer service to tributary areas in an expeditious manner, and long-term goal of building a facility at a reasonable cost which does not have expensive long-term maintenance constraints. This option achieves these goals by providing a complete a gravity system without the need for the construction of expensive pump stations. The project alignment within the Policy Option area also follows an alignment that does not place significant construction challenges and thus could be constructed with standard construction methods without the need for expensive methods like micro-tunneling as required by some of the other options. The Option would also allow the re-vegetation of the areas impacted by the construction activity and ultimately precludes human activity in that corridor in areas where sensitive resources exist, thus allowing that area to flourish. Therefore, Staff's recommendation of Policy Option 3, takes into consideration the ability of the City to build a project that achieves the City's long-term goals and objectives while also addressing the concerns raised by the Resource Agencies and members of the environmental community. Construction Schedule and Phasin2 The project is currently scheduled to be constructed in four phases. The first phase involves the construction of the portion of Reach 9 between Industrial Blvd. and Interstate - 805 Freeway (which is currently underway). This phase did not require the acquisition of right-of-way. The second phase involves the construction of the portion of Reach 9 between Industrial Blvd. and Interstate - 5 Freeway. This phase required the acquisition of right-of-way and staff is currently working with the property owners to conclude the easement acquisition. The construction of the second phase is currently scheduled to commence in September 2002 and completed by March 2003. The third phase will be the construction of the remaining portion of Reach 9 between Interstate- 805 Freeway and Heritage Road and the upper reaches 8 through to end of the existing segment of the Salt creek Trunk Sewer which was built a few years ago through a joint agreement with the San Diego Gas and Electric Company (SDG&E). Construction of this phase is scheduled to commence in September 2002 and be completed by February 2003. The fourth phase involves the installation of the pipeline from the beginning of the existing portion of pipe installed by SDG&E to the end of the existing portion of the Salt Creek line at Olympic Parkway, which was installed as part of the EastLake Trails development. This phase will be installed concurrently with the third phase and will be completed in February 2003. ?-/3 Page 14, Item: Meeting Date: 6/4/2002 PUBLIC OUTREACH On June 21, 2001, Staff held a noticed public meeting with residents and property owners who either owned properties or businesses anywhere along the aligrunent of the sewer line who may be impacted by the installation of the sewer line or the pavement reconstruction project. The purpose of the meeting was to brief them on the project and to get their input as part of the project review process, Notices were sent to nearly seven hundred residents, and on the day of the meeting only three people attended the meeting. The three were members of the business community and their comments and concerns were incorporated into the final design plans and specifications to be used in the construction of the trunk line. In addition to these meetings, staff will hold briefing meetings with interested property owners including the Auto Dealers and the management of the Water Park and the Amphi Theater to brief them on the project construction schedule and get input from them on any concerns they may have which need to be addressed during construction. FISCAL IMPACT: This project was originally budgeted as part of the Capital Improvement Program (CIP) process. The project will be funded from two funding sources: Trunk Sewer Capital Reserve Funds and the Salt Creek Gravity Basin Development Impact Fees (DIF). During the establishment of Ordinance No. 2617 for the Salt Creek Gravity Basin DIF, the City committed to funding a portion of the overall cost of the trunk sewer line (Reach 9) subject to CEQA compliance, while the cost of the remaining reaches, 1 through 8 will be borne by the DIF. The project is currently estimated to cost $30,000,000, of this amount, the City has committed to funding $14,000,000 and the DIF is responsible for $16,000,000. However, since the Salt Creek Gravity Basin DIF has only accumulated approximately $670,000 to date, this project was initially budgeted to utilize a loan from the Trunk Sewer Capital Reserve Fund with the understanding that upon completion of the project, the Salt Creek DIF will repay the loan over 20 years. There are sufficient funds in the Trunk Sewer Capital Reserve Funds to complete the construction of the project. EXHIBITS: A PIal showing the Salt Creek Trunk Alignment and the various Policy Options B. Plat showing the alignment and the easements required for construction C. Second Addendum to the Final Program EIR for the Salt Creek Interceptor Sewer J: \EngineerlAGENDA \Salt -Creek - Policy-Option- Determination.ac.doc (FILE NO.: 0735-1O-SW219) 5/29/02 10:52:4] AM If -Itf Exhibit A 9-/5 - t:I(¡ , -.... 0' . c . " ':'FA.. ,- í ¡, " , / ¡ -. =- -. .... .. - ~~ 'i!¿W Exhibit B ð'-/7 B. BIRCH FOUNDATION PROPOSED EXHIBIT "A" EASEMENT DESCRIPTIONS AND EXHIBIT "B" RIGHT-OF-WAY PLATS 8-18 KEAGY REAL £STATE' 177 . . 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. or Recorder's Use anI .... APN(s) 644-060-07,644-060-12, 645-030-19 & 646-010-02 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stephen & Mary Birch Foundation, Incorporated, a Delaware Corporation. hereby grant(s) to the CIlY OF CHULA VISTA, a municipal cOIporation, 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, under and across that certain real property situated in said City of Chula Vista, 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. 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_ Stephen & Mary Birch Foundation, Inc. BY: BY: Ws Ws (Notary Acknowledgment Required for Each Signatory) 2 - Ie¡ --_.~..,--------- . . 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: rz/zo . . EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF LOT 43 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20,00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 43, DISTANT THEREON NORTH 71°58'15" EAST 344.76 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 69°49'02" WEST 91.61 FEET; THENCE' NORTH 89°49'02" WEST 9.19 FEET TO THE EASTERLY LINE OF LAND DESCRIBED IN PARCEL I OF FINAL ORDER OF CONDEMNATION, RECORDED MARCH 28, 1996 AS DOCUMENT NO 1996-0154435 OF OFFICIAL RECORDS OF SAID COUNTY, THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF SAID LOT 43 AND THE EASTERLY LINE OF LAND DESCRIBED IN SAID PARCEL I OF FINAL ORDER OF CONDEMNATION, PARCEL 2: ALL THAT PORTION OF LOT 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON NORTH 27056'54" EAST 233.51 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE NORTH 53017'13" WEST 259.09 FEET; THENCE NORTH 67°50'11" WEST 29.43 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 37, SAID POINT BEING DISTANT THEREON SOUTH 18°37'56" EAST 1746.73 FEET FROM THE NORTHWEST CORNER OF SAID LOT 37, THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT 37 AND THE NORTHWESTERLY BOUNDARY OF SAID LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD. H:u,anddevetopmenNddfl2589GRNO\Dcx:UmentsIPh3EsmtLg/SIPennSewerEsmn2589.APN64503019·/g/·PEdoc 03129,\)2 :? - Z I . . PARCEL 3: ALL THAT PORTION OF LOTS 25, 26, 35, 36 & 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON SOUTH 80°14'08" EAST 509.24 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 53°17'13" EAST 567.56 FEET; THENCE SOUTH 73°33'35" EAST 320.41 FEET; THENCE SOUTH 47°42'29" EAST 294,19 FEET; THENCE SOUTH 68°02'20" EAST 93,77 FEET; THENCE SOUTH 88°22'11" EAST 337.16 FEET TO THE BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 24029'18" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°30'23", A DISTANCE OF 411.58 FEET; THENCE NORTH 86°01'05" EAST 94.64 FEET; THENCE NORTH 74°19'19" EAST 31.36 FEET TO THE BEGINNING OF Al 149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°23'22", A DISTANCE OF 47.96 FEET, A RADIAL TO SAID POINT BEARS NORTH 13°17'19" WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 81°35'57" EAST 524.64 FEET; THENCE NORTH 82°49'52" EAST 404.17 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°44'29", A DISTANCE OF 110.76 FEET; THENCE NORTH 85°34'21" EAST 77.34 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°59'06", A DISTANCE OF 119.04 FEET; THENCE NORTH 82°35'15" EAST 404.49 FEET TO THE BEGINNING OF A 984,97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°52'03", A DISTANCE OF 221.20 FEET; THENCE NORTH 69°43'12" EAST 454.53 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°28'12", A DISTANCE OF 59.39 FEET; THENCE NORTH 71°11'24" EAST 565,12 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°06'15", A DISTANCE OF 44,03 FEET; THENCE NORTH 70°05'09" EAST 401.49 FEET; THENCE SOUTH 85°06'34" EAST 310.21; THENCE SOUTH 75°15'22" EAST 439.83 FEET; THENCE NORTH 78°41'21" EAST 394.07 FEET TO THE BEGINNING OF A NON-TANGENT 2064.77 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL BEARING FROM SAID POINT BEARS NORTH 00°16'24" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°39'42", A DISTANCE OF 456,29 FEET; THENCE NORTH 77°03'54" EAST 143,70 FEET; THENCE NORTH 67°00'53" EAST 333.22 FEET TO THE BEGINNING OF A 1149,97 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°17'30", A DISTANCE OF 266.77 FEET, A RADIAL BEARING FROM SAID POINT BEARS NORTH 36°16'37" WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 40°59'39" EAST 645,25 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE H;\Landdeve/opmenIVddll2589GRNOIDo<UmentSlJ'h3Esmtl9IslJ'ermSewerEsmtI2589.APN64503019-igI·PEdoc 03/29AJ2 23 - 2-2- . . THROUGH A CENTRAL ANGLE OF 24°49'41", A DISTANCE OF 498.32 FEET; THENCE NORTH 65°49'20" EAST 724,50 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°16'06", A DISTANCE OF 446,94 FEET; THENCE NORTH 88.°05'26" EAST 274.05 FEET; THENCE NORTH 70°49'23" EAST 394,02 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 25, SAID POINT BEING DISTANT THEREON NORTH 18°40'36" WEST 1780.28 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 25. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD AND THE EASTERLY BOUNDARY OF SAID LOT 25. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. +- , 10.... ERMAN DATE XPIRES 12-31-2002 -~'-~-. .-:;.>,:.-- -~--;--'-<.;.. .; ,~ \..!';'oilJ y< /:/~,#~>;-;-~ j:~_;~,.t.~~;~:-.<: '. II êj ,/ \,- -/'''', (í. \\ 1/ ...... ,I ~ -~ \ ~. \\ I,.....] , "7 '1 ,0\\ !I* ('" .Z')*ì\ \\ ,. \ P1.S 1\0. ()~:1ß ''''''' II \\ T.~ \ EX ) I" -'3J"0'--'" .' ;--.,.. I.' \, . ~ \ - -.' ,-¡ ~ ,'1 \\ '7/ - ," ~',// "'~', _/.~ ..¿O._,·/ .',: 0',' (..'^' \ .' . ".'. . <'\ V ,/.,'~ <:'>.'..:.-=:..::::::::.';: H:'LanddevelopmenlVddll2589GRND'1DocW11ents'Ph3EsmtLgls'PennSewerEsmtI2589-APN64503019-1g1-PE.doc 0J/29AJ2 '? -23 ! §, OTAV y, VICI:ITY MAP NO sCALE Lor 42 \,\ APH:644-060-07 LOr t3 43 PARCEl 1 SEE SHEET 2 L23 Lo-r 44 PARCEl 2 SEE SHEET 3 Lor 45 LOr LO-r LOr 33 2B 23 orAY RANcHo APH:644-070-08 G ..,. APH:644-060-10 Lor 24 MAP B62 lI9 Lor LOr G ,...34 21 <1> - 00 EXHIBIT "B" LEGEND: 'À" 1 00' WIDE STRIP DESCRIBED AS EXHIBIT \!Y 'A' IN DEED TO SOUTHERN CAUroRNIA MOUNTAIN WATER COMPANY REC. 6-24-1912 IN BK. 570, PG. 113 or DEEDS. OWNED IN rEE BY THE CITY or SAN DIEGO. DISTANCE 3064.31' 2572.61' 1554.90' 2639.81' 2640.36' 5280.01 2641.40' NO. BEARING 11 N60"02'Q.4'E L2 N02"21'54'W LJ N71'57' 41'E L4 NI8"38'36'W L5 N71'57'58'E L6 N18'39'16'W L7 N71'58'31'E l3 Lor 39 ,... .¡.. LOr 32 L5 APH:644-060-08 LOr 3B APH:U4-060-09 APH:644-060-12 ¡:; ~o N ~L~/ l7 !: ..,. " v lor=- Lor Lor ~36 ~~="""""....¿6 PARCEL J APH:645-030-19 SEE SHEETS 4-8 L14 SHT. 1 OF 8 NO. BEARING DISTANCE lI4 N71"22'55'E 10567.24' LIS NI8'37'56"W 3499.93' LIS H80'14'08'W 3002.71' lI7 N29'42' 41"£ 1338.12' lI8 NI8'38'36"W 1350.00' lI9 N71 '58'31'E 1000.00 L20 N86'34'JO'W 1338.97' L21 N27'56'54"[ 1927.47' L.22 NI8'37'56"W 2139.59' L23 N71'58'15"[ 2576.64' L27 NI8'37'16'W 1969.21' L29 N71 '57'58'[ 26-40.37' L35 NI8'39'56'W 5280.51' L36 NI8'40'36"W 8171.45' L29 Lor ---P "'...=. 25 - APH:646-010-02 ~~~ 4//)07- AIoI S o.1EYERi.i'AN DATE . 6336 EXPIRES 12-31-2002 GRAPHIC SCALE 2000' 0' 1000' ~I 2000' I .. CaUl'''''' cu,,,.U.. CorporoM 0ftIc« 710.942.5117 105 _ Sino! Fax 710.632.0164 EncInIIax. CA 92024 1'- 2000' CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR. LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 1.10'.1 ".............._...t"'dd1\2589<iRHD\dw \Ph3£RI~tS\Per..s....-£lII'It'-2~-I#N6..S03019-1.ahrg 03128102 ~M7t4' AM PST EASEMENTS AREA TABLE PROPOSED PERllANENT EASEMENT 2016 S.F. 5171 S.F. 218209 SJ. PARCEL NO. 1 2 3 EXHIBIT uB" ,.., ~ SHT, 2 OF B NO. DElTA RADIUS LENGlH C1 108'23'08" 95.00 179.71' C2 49'41'39' 157.00' 136.17' NO. BEARING DlSTANŒ L23 N71'58'15'E 2576.64' L24 N7514'46'W 45.61 L25 N14'45'14'E 62.00 L26 N7514'46'W 179.58 L27 NI8'37'16'W 1969.21' L37 N69'49'02'W 91.61' APN:644-060-07 L 0 -r 43 MAP B62 SOUTHWEST CORNER LOT 43, MAP 862 LARGER PARCEL AREA TABLE REllAINO£R (EXCLUDES U.r. a: PROPOSED PERMANENT EASEMENT 1,792.44 ACRES ORIGINAL EXCLUDES UJ. 1,797.63 ACRES NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET a: HIGHWAY EASEMENTS. 3. EXISTING EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-"-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 4. EXISTING EASEMENT TO THE PACIfiC TELEPHONE .Ie TELEGRAPH CO. REC. 3-13-1911 IN BK. 519, PG. 169 OF DEEDS. FALLS WITHIN LOT 35, MAP 862. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 5. EXISTING ACCESS EASEMENT RESERVED IN fiLE NO. 88-567316 REC. 11-4-1988 OF ornCIAL RECORDS. FALLS WITHIN LOTS 25, 26, 35, 36, 37 .Ie 43, MAP 862. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 6. AN UNRECORDED PUBLIC HIGHWAY AS MENTIONED IN BK. 653, PG. 22 REC. 5-1-1914 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. GRAPHIC SCALE 100' 0' 50' 100' .~II 1"= 100' g-25 J hllJ.nil c"",..Un c..pom. 0I1Ict: 7&0,142.5141. 605 Third !inti rox 7&0.6.12.0164 £ncInIIas. CA 12024 PARCEL 1 PROPOSED 20.00' WIDE PERMANENT EASEMENT SOUTHERLY BOUNDARY LOT 43, MAP 862 POINT OF BEGINNING PARCEL 1 LOT 44 LEGEND: EXISTING PROPERTY LINE, EXCLUDES U.F. UJ. UNDERLYING fEE, INCLUDES EXISTING ROAD, STREET 6: HIGHWAY EASEMENTS S.F. SQUARE FEET I PROPOSED PERMANENT EASnlENT PARCEL 1 OF fiNAL ORDER OF CONDEMNATION FOR ROAD EASEMENT TO THE CITY OF CHULA VISTA REC. 3-28-1996 AS DOC. NO. 1996-154435 EXISTING SLOPE EASEMENT TO THE CITY OF CHULA VISTA REC. 3-28-1996 AS DOC. NO. 1996-154435 EXISTING TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF CHULA VISTA REC. 3-28-1996 AS DOC. NO. 1996-154435 CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR, LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 ® © ® n' ._._.....,.............,_~_.¡,pL..i:l:'P_..~.._~_<t'2S89-PE-AP*4:503D1.9-2.ø.g D3I28/12 10058Q0 AM PST ._-_._..~._------.._--~.._._-_._--- WESTERLY BOUNDARY LOT 37, MAP B62 EXHIBIT "B" . SHT. 3 OF B I 1-1- ~~~~¡g 18. FOO- r:> ~e5ffi~ co 'Z ~ Z _ ¡¡¡.....~e5¡;; ~F-(.) APN:644-060-12 PARCEL 2 PROPOSED 20.00' WIDE PERMANENT EASEMENT LO-r MAP /\\~ 't- \:\ U'. ~{,..;. '\ \ ~ \~ '!'o. \: ¡Po NORTHWESTERLY BOUNDARY. DOC. NO. 1997-0205421 Po,.,? o ~ LO-r 44 POINT or BEGINNING PARCEL 2 LOr 37 WESTERLY CORNER, DOC. NO. 1997-0205421 I. C.U1"'" ,,,,,,,Ih. c..,.m. OffIce 7&0.942,5117 105 _ 51no! T.. 710.1.12.0164 [nclnllos, CA 12024 APN:644-060-12 - GRAPHIC SCALE 100' O· 50' 100' ~II CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 &. 646-010-02 POR. LOTS 25. 26. 35. 36, 37 &. 43 PER MAP 862 f'= 100' 'if' - Zb -.1 .........".\_1:"-ctd1'\2SØ9GRND'\ClI"¡fl.Ph3tR1'tP\Q,1;s'\P_IIS......ESfOI't'2S89-P£-N'N64S03019-1doIg 03/27102 1~ PM PST SOUTHERLY BOUNDARY DOC. NO. 1997 -0205421 \.. Ó\ rS{ POINT or BEGINNING PARCEL 3 ~ .,; :ð ,<.1 .& ..,. - . § EXHIBIT "B" SHT. 4 OF 8 PARCEL 3 PROPOSED 20.00' WIDE PERMANENT EASEMENT ,<.1 \..ó\ ?J D APN:645-030-19 BDr¿ ~\þ.? APN:6«-060-12 \ \.. ó\ \..0-\ !-\1..\ .c=sZ GRAPHIC SCALE 200' O· '00' 200' ~II ,'. 200' ~ A C.U,.nh cu"nUn CorpoRIo _ 710.142.5147 105 l1IH SIno! FIX 7IO.I3L01 U _ CA I2DZ4 CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR. LOTS 25, 26, 35. 36, 37 & 43 PER MAP 862 b/,) Ht\L4f1day.topI'I.n1;\lddI\.,.9GIIHINfwg\Ph3ESfttpto:t.\P.....s...rESflt~-PE-N"tfj.4~9-4.dwg 03/27102 1205"19 PH PST WESTERLY CORNER DOC. NO. 1997-0205421 ;?-2-7 r) ç., {)U ~\\~ S\~~. ~ \\\ ~. \\~ ~ PARCEL 3 PROPOSED 20.00' WIDE PERMANENT EASEMENT \:\0\1'~'t- !>- ~) 6=2'23'22· R=1149.97' L=47.96' ".. ." :z; ¡;, .... u. I C> ..... C> .!. <0 N86°01'05·E 94.64' '\í ~~ 'ð 'í ~ ~\ ?"'. ,\ U'~ \\ 01.;.> ~ò í~ ~J\r'\r "4. <t r¿/ò'}, ~1I'0~ rb"'<,!I' /'1/ --!8' ,f' " ¡® S68°02'20·E 93.77' SEE SHEET 4 GRAPHIC SCALE 20~' 1r ,.- 200' "B " SHT. {) OFB wc.~ PARCEL 3 PROPOSED 20.00' WIDE. PERMANENT EASEMENT c:> T"1 z: -i (") > , -0 Q z: -i ".. ." :z; ¡;, .... u. I C> ..... C> .!. <0 6=2°59'06. \ R=2284.94' L=119.04' LEGEND: N85°34'21·E 77.34' CD EXISTING S.D.G.ð: E. EASEMENT REC. 8-20-1991 AS FILE NO. 1991-0426811 iF 2° 44'29· R=2314.93' \ L=110.76' CD EXISTING WATER EASEIoIENT TO THE CITY or SAN DIEGO REC. 7-10-200 1 AS DOC. NO. 2001-0471015 . c.Uluah cup.,.It.. CorporoIo Offlcc 760.N2.5147 105 _ Slntl FII 7tCW2.0114 EncinIoI, CA 12024 200' I CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & , 646-010-02 PaR. LOTS 25. 26, 35. 36, 37 & 43 PER MAP 862 ~-22 M\l.""~IopIoI..,t\lddl~g\Ph3ESt'ltPte:tIJ\P.rI'lS...r"E~t\2589-PE-N"HS-4503019-S.." 03I28It2 11003155 AM PST EXHIBIT uau SEE SHEET 7 ~\ ~ " 'ii~\t(i'· "''''. I' 'to ~::o, t: 1\ . ~ \PPARCEL 3 :::t PROPOSED 20,00' WIDE PERMANENT EASEMENT NOO·16'24·W ----- (R) ~~ ~\ ~ o. . ~ \\ 0 \ 'G-.~ ~\ \Y ~ 'YO~\ ~~) ~ \ \);\)~\~ \~~.f;,I,'3~ tJ=1·06'15" R=2284.9 ' \ L=44.03' \ \~ (')D~ ~ ~ \ 'v\ \ D \'II~? ~~ \j\ \' \ PARCEL 3 ~ \. ooò PROPOSED 20.00' J\./-'J: . WIDE PERMANENT \ EASEMENT tJ=1·28'12· \ R=2314.93' L=59.39' ~ \ ~\ \ (~\ \~ \ ~-~\\ \ - \ ,\\ \ SEE SHEET 5 'ìD \ O~\ µ -\)\\)~\)~ Y ~~"f;,¡,f;, ßD~ LEGEND: ¡-® \)\\)~\)~ þ-?~:f;,I,f;,~ - ~ ...... :z o a... --' < u ¡::: :z w 9 ® SHT. 6 OF B ® EXISTING WATER EASEMENT TO THE CITY or SAN DIEGO REC. 7-1 0- 200 1 AS DOC. NO. 2001-0471015 CENTERUNE Of EXISTING 25.00' WIDE WATER EASEMENT TO THE CITY Of SAN DIEGO REC. 11-27-63 AS DOC. NO. 211639 CD CENTERUNE EXISTING S.D.G.t Eo EASEMENT REC. 2-13-1940 AS DOC. NO. 7599 O.R. (NO WIDTH) ~ j C.U nah Cu,,,.",, CerporoIt Office nO.NUI47 105 Thtd StneI Fax 7IO.132.01U _ CA 12Ø14 GRAPHIC SCALE 200' 0' 100' 200' ~II CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR. LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 ",~elopwrrt\1d1G\2589IiIIND'dwg\Ph3E....'tf'Ia,'ts\P~~".-£sIrt"\2'"-Pt-llf"N6450J019-6.dwg 13128102 110141158 N4 PST 1"- 200' CZ5 . 2-'1 EXHIBIT "B" SHT. 7 OF 8 SEE SHEET 8 (\\ ~~ ~. ~'< 'TP. \ <:~. ~ ~'fi! ~ ¡¡><l~ " ~.I'.>: ~ ~.9 :>. ...----- PARCEL 3 PROPOSED 20.00' WIDE PERMANENT EASEMENT ~ ~ ~~ ß?/¿ ----- 1'0~ &. ~ rìD r: '.9J,,'i ~~ ~Ó\ y \-J\~f\? 6'ý:¿::"', '<ó"~ &. ~. ~ _( rìD ~ 0\ y ~ ,/ .~,/ ~ .~ /' ~\ .,~ y 1!~ ~\ ~":J}.~ <~ ~~. ~\ ,/ =--"1 ,. ~ \.\\ "ii!'fi>- ~ .~ <t. .~ Uo',"". ~-. N77'03'S4"E 143.70' APN:646-0 10-02 j CaU/u.1I e",,,,nu eorpor.to Of",,: 710.94%.5141 1051h1n1 Shot Fax 760.6J2.11164 [,.,¡.no" CA 12024 GRAPHIC SCALE 2~' '¡o' 2r ,"= 200' 8' -3D SEE SHEET 6 CITY OF CHULA VISTA PERMANENT EASEM ENT ACQUISITION A.P.N.'S 644-060-07,,12,645-030-19 & 646-010-02 POR. LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 Ho\lAndlHV~\lddl\25l9GRND\dwv\Ph3EarlPto.t.\P..,...sn..n:SI'It\2~9-PE-N'N6"5D3D!9-7.cfwg 03128102 II(I&oU AM PST . ., ~q \\ \~ ~\ EXHIBIT "B" SHT. 8 OF 8 'i ~ \ \j~ \~ \~~ ëø~\\ »..~ ~ ~ 'cØ \~ ~" PARCEL 3 PROPOSED 'Z \\\ 20.00' WIDE o !ð. \~ ' PERMANENT ;. -< r¿6 't ~ j~'2.o,oo EASEMENT u \ 0 \ ~."". \ 'Z ~ t" ~\ w o n APN:646-010-02 Yô \ Ó\ ~ EASTERLY BOUNDARY LOT 25, MAP 862 !:3~ 1,\ ~~\I . M r,>6 Ó\ µ \-, APN:646-010-02 . I ,\ ò \ '2.0.0 A~~r rr/¿ ~J\J\? ~ ~ <t "';, YPARCEL 3 ~ \ PROPOSED 20.00' WIDE ~-' \i\ PERMANENT EASEMENT 1<t,. ~ ,\ \ ; SEE SHEET 7 .. hU/lnh C",.nUn CorponIh 0Inc.: 710.142.5141 105 ThIn! S1nII f.. 760.I3LOII4 _ CA 12024 GRAPHIC SCALE 200' O· 100' 200' ~II 1"= 200' <¡? ~31 CITY OF CHULA· VISTA PERMANENT EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 {( 646-010-02 paR. LOTS 25, 26, 35, 36, 37 {( 43 PER MAP 862 . Ho\L~\IddI~ND\dwg\Ph3ESI\iPta.1:S\P_..s...r£sprt~-AI"N'4503Ol"'8.dwv 031!9/02 !!1574!7 PH PST . . Recording requested by and please return to: City Clerk City of ChuIa Vista P.O. Box 1087 ChuIa Vista, CA 91912 This instrument benefits City, only. No fee required > or Recorder's use, onI > APN(s) 644-060-07,644-060-12, 645-030-19 & 646-010-02 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stephen & Mary Birch Foundation, Incorporated, a Delaware 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 ChuIa 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. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said tennination 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 ~ -32. . . 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. Signed this day of 20_ Grantor(s)' signature(s): Stephen & Mary Birch Foundation, Incorporated, a Delaware Corporation By: By: It's It's (Notary Acknowledgment required for each signatory.) This is to certify t11at the interest in real property conveyed herein to the City of Clutla Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Clutla 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: g>33 . . EXHIBIT 'A' TEMPORARY EASEMENT LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF LOT 43 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 43, DISTANT THEREON NORTH 71°58'15" EAST 344.76 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 69°49'02" WEST 91.61 FEET; THENCE NORTH 89°49'02" WEST 9.19 FEET TO THE EASTERLY LINE OF LAND DESCRIBED IN PARCEL I OF FINAL ORDER OF CONDEMNATION, RECORDED MARCH 28, 1996 AS DOCUMENT NO 1996-0154435 OF OFFICIAL RECORDS OF SAID COUNTY. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF SAID LOT 43 AND THE EASTERLY LINE OF LAND DESCRIBED IN SAID PARCEL I OF FINAL ORDER OF CONDEMNATION. PARCEL 2: ALL THAT PORTION OF LOT 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON NORTH 27°56'54" EAST 233.51 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE NORTH 53°17'13" WEST 259.09 FEET; THENCE NORTH 67°50'11" WEST 29.43 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 37, SAID POINT BEING DISTANT THEREON SOUTH 18°37'56" EAST 1746.73 FEET FROM THE NORTHWEST CORNER OF SAID LOT 37. THE SIDELINES OF SAID 40,00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF .SAID LOT 37 AND THE NORTHWESTERLY BOUNDARY OF SAID LAND DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD. H:lLanddevelopmenfVddll2589GRNDlOocuments'Ph3EsmIL9/sITempCcnsJEsmI12589-APN645Q3019-lgt-TCEdoc 0312002 '6- 3 Lf . . PARCEL 3: ALL THAT PORTION OF LOTS 25, 26, 35, 36 & 37 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7. 1900. INCLUDED WITHIN A STRIP OF LAND, 40.00 fEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF SAID OFFICIAL RECORDS, DISTANT THEREON SOUTH 80014'08" EAST 509,24 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 53°17'13" EAST 567,56 FEET; THENCE SOUTH 73°33'35" EAST 320.41 FEET; THENCE SOUTH 47°42'29" EAST 294.19 FEET; THENCE SOUTH 68°02'20" EAST 93.77 FEET; THENCE SOUTH 88°22'11" EAST 337.16 FEET TO THE BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 24°29'18" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20030'23", A DISTANCE OF 411.58 FEET; THENCE NORTH 86°01'05" EAST 94.64 FEET; THENCE NORTH-74° 19' 19" EAST 31.36 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°23'22", A DISTANCE OF 47.96 FEET, A RADIAL TO SAID POINT BEARS NORTH 13°17'19" WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 81°35'57" EAST 524.64 FEET; THENCE NORTH 82°49'52" EAST 404.17 FEET TO THE BEGINNING OF A 2314.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°44'29", A DISTANCE OF 110.76 FEET; THENCE NORTH 85°34'21" EAST 77.34 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°59'06", A DISTANCE OF 119.04 FEET; THENCE NORTH 82°35'15" EAST 404.49 FEET TO THE BEGINNING OF A 984.97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°52'03", A DISTANCE OF 221.20 FEET; THENCE NORTH 69°43'12" EAST 454.53 FEET TO THE BEGINNING OF A 2314,93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°28'12", A DISTANCE OF 59.39 FEET; THENCE NORTH 71°11'24" EAST 565.12 FEET TO THE BEGINNING OF A 2284.94 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°06'15", A DISTANCE OF 44.03 FEET; THENCE NORTH 70°05'09" EAST 401.49 FEET; THENCE SOUTH 85°06'34" EAST 310.21; THENCE SOUTH 75°15'22" EAST 439.83 FEET; THENCE NORTH 78°41'21" EAST 394.07 FEET TO THE BEGINNING OF A NON-TANGENT 2064.77 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL BEARING FROM SAID POINT BEARS NORTH 00°16'24" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°39'42", A DISTANCE OF 456.29 FEET; THENCE NORTH 77°03'54" EAST 143.70 FEET; THENCE NORTH 67°00'53" EAST 333,22 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°17'30", A DISTANCE OF 266,77 FEET, A RADIAL BEARING FROM SAID POINT BEARS NORTH 36°16'37" WEST; THENCE NON-TANGENT TO SAID CURVE NORTH 40°59'39" EAST 645.25 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE H:>LanddeveiopmenIVd<i112589GRNOIDocument,'Ph3EsmtL9I,ITempCon,tE,mß2589-APN64S03019-191. TCE.doc 03l29ÆJ2 q-35 . . THROUGH A CENTRAL ANGLE OF 24°49'41", A DISTANCE OF 498.32 FEET; THENCE NORTH 65049'20" EAST 724,50 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°16'06", A DISTANCE OF 446.94 FEET; THENCE NORTH 88°05'26" EAST 274.05 FEET; THENCE NORTH 70°49'23" EAST 394.02 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 25, SAID POINT BEING DISTANT THEREON NORTH 18°40'36" WEST 1780.28 FEET FROM THE SOUTHEAST CORNER OF SAID 'LOT 25. THE SIDELINES OF SAID 40,00 FOOT STRIP TO BE PROLONGED OR TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTHERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD AND THE EASTERLY BOUNDARY OF SAID LOT 25. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. -'t 01 02- AN DATE ES 12-31-2002 ....:::.=::::::.::-~ ,;::;;~~ \.,;\N))-~:' i/j-'-,~;{>~.- ---~---,'-~ (~/~ 1/ ~~-;- ..,...__~, 0 E }'~-% I:;:, \. !/ ......' / ~'(,.'. "<'.1 ".J-"-,' It ::; / ~~ ~7 0 \\ II I~' -7· 1J ," 1*( *I! \\ if. '\ PJ.S 1\0. fn;:~ "7: i! \~\",P" \ Exp 12,_ :31.... O.¿ ::;:. :'/ \~~::~>'-"~________-, ~0~' .' '<"Of' C!\,,-,\/ ,<:::~-.-----::._._.:.-::.--::..., H:ILenddeve/opmentvddll2589GRNDIDocumenIS'i'h3EsmILgIS\ TempConstEsmlI2589.APN645C3019-1g1. TCE-doc 03l29A12 2? -:3G. ~ ~ om ~ SITE VICINITY MAP NO SCALE LOr 42 \.\ APN:6«-060-07 Lor 5 43 PARCO. 1 SEE SHEET 2 L23 LOr 44 PARCO. 2 SEE SHEET 3 Lor 45 LOr Lor LOr 33 2B 23 orAY RANCHO APN:644-070-08 [;; UI APN:644-060-10 LOr 24 MAP 862 L19 LOr LOr [;; 34 27 ( ) ~ 00 EXHIBIT "B!' LEGEND: 'Ã' 100' WIDE STRIP DESCRIBED AS EXHIBIT \!Y 'A' IN DEED TO SOUTHERN CAUroRNIA MOUNTAIN WATER COMPANY REC. 6-24-1912 IN BK. 570, PG. 113 OF DEEDS. OWNED IN rEE BY THE CITY OF SAN DIEGO. DISTANCE 3064.31' 2572.61' 1554.90' 2639.81' 2640.36' 5280.01 2641.40' NO. BEARING LI N60"02'04"E 12 Nonl'54"W L3 N71'5141"E L4 NI8"38'36"W L5 N71'57'58"E L6 NI8'39'16"W L7 N71'58'31"E L3 Lor 39 r- .þo LOr 32 L5 APN:644-060-08 Lor 38 APN:644-060-09 ¡;; to.> L7 G 01 " v lor-- Lor Lor ~ . X~=-... 26 36 35 ...._ PARCEL 3 APN:645-030-f9 SEE SHEETS 4-8 i ClUJ".'" cU"rlU" CoJporaIt 0ffI0t: 71O.IU,51U Iœ 11*11 5tno1 Fax 710.132.0114 [odnIIo~ CA 12024 L14 SHT. 1 OF 8 NO. BEARING DISTANCE 114 N71'22'55"E 10567.24' L15 NI8'37'56"1 3499.93' L16 N8<r14'08"W 3002.71' L17 N29'42'41"E 1338.12' 118 NI8'~36"1 1350.00' L19 N71'58'31"E 1000.00 120 N86'34'JO"W 1338.91 121 N27'56'54"E 1927.47' l22 N18'37'56"W 2139.59' l23 N71'58'15"E 2576.64' L27 NI8'37'16"W 1969.21' L29 N71 '57'58"E 2640.37' L35 NI8"39'56"W 5280.51' 136 NI8'4O'36"W 8171.45' L29 Lor """-?5- --' ~ APN:646-010-02 GRAPHIC SCALE 2000' 0' 1000' ~I 2000' I 1-= 2000' CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N:S 644-060-07, 12, 645-030-19 & 646-010-02 POR. LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 "\L ,I'\IIdIr",eloprI"'1:"'*'N!:I~~D'-f'h3E_tpIO..tS'T.I'IpCOroSU:Sf'lt'.2S89-Ta:-APH&.:503I19-l.dwQ 03/U/02 nCJ703S AM PST NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET &: HIGHWAY EASEMENTS. 3. EXISTING EASEMENT TO THE KII4BAI.L BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERI4INED FROio! RECORD. 4. EXISTING EASEI4ENT TO THE PACIFIC TELEPHONE &: TELEGRAPH CO. REC. 3-13-1911 IN BK. 519, PG. 169 OF DEEDS. FALLS WITHIN LOT 35, MAP 862. EXACT LOCATION CANNOT BE DETERIo!INED FROio! RECORD. 5. EXISTING ACCESS EASEIoiENT RESERVED IN FILE NO. 88-567316 REC. 11-4-1988 OF OFFICIAL RECORDS. FALLS WITHIN LOTS 25, 26, 35, 36, 37 &: 43, MAP 862. EXACT LOCATION CANNOT BE DETERIoiINED FROio! RECORD. 6. AN UNRECORDED PUBUC HIGHWAY AS MENTIONED IN BK. 653, PG. 22 REC. 5-1-1914 OF DEEDS. EXACT LOCATION CANNOT BE . DETERMINED FROI4 RECORD. , 3 EXHIBIT "B" SHT, 2 OF B NO. DELTA RADIUS lENGtH C1 108'23'08' 95.00' 179.71' C2 49'41'39' 157.00' 136.1, NO. BEARING DlSTANŒ L23 N71'58'15"[ 2576.64' L24 N75'4'46"W 45.61 L25 N14'45'14"£ 62.00 L26 N75'4'46"W 179.58 L27 NI8'3,16"W 1969.21' L37 N69'49'02"W 91,61' APN:S44-0S0-07 LOT 43 MAP 862 / N71 °58'15'[ 344.76' L27- PARCEL 1 PROPOSED 40,00' WIDE TEMPORARY EASEMENT LARGER PARCEL AREA TABLE REMAINDER (EXCLUDES U.F. & PROPOSED PERMANENT EASEMENT 1,792.« ACRES ORIGINAl. EXCLUDES U.r. 1,797.63 ACRES . INDICATES AREA OF PROPOSED TEIoiPORARY EASEMENT DOES NOT INCLUDE PROPOSED PERI4ANENT EASEMENT AREA. EASEMENTS AREA TABLE PROPOSED PROPOSED TEMPORARY PERIotANENT EASEMENT EASEMENT . 2016 S.F. 2016 S.F. ' · 5771 S.F. 5771 S.r. . 218209 S.r. 218209 S.F. PARCEL NO. 1 2 3 GRAPHIC SCALE 100' 0' 50' 100' ~II 1'~ 100' ??-38' j c.Ul".it ,,,,,,.Un C«poMt OffIco 710,142.5117 105 Thlnl Sino! fax 710.132.0161 EncInIIos. CA !2024 PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUIo!ENT SOUTHERLY BOUNDARY LOT 43, IotAP 862 POINT Of BEGINNING PARCEL 1 LOT 44 LEGEND: EXISTING PROPERTY UNE, EXCLUDES U.F. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET &: HIGHWAY EASEIoiENTS SQUARE FEET PROPOSED PERI4ANENT EASEIoiENT PER SEPARATE DOCUMENT V I I I I I II PROPOSED mtPORARY EASEIIENT ® PARCEL 1 OF FINAL ORDER OF CONDEMNATION FOR ROAD EASEMENT TO THE CITY OF CHULA VISTA REC. 3-28-1996 AS DOC. NO. 1996-1S4435 o EXISTING SLOPE EASEIoiENT TO THE CITY ~ OF CHULÀ VISTA REC. 3-28-1996 AS DOC. NO. 1996-154435 ® EXISTING TEI4PORARY CONSTRUCTION EASEI4ENT TO THE CITY OF CHULA VISTA REC. 3-28-1996 AS DOC. NO. 1996-154435 UJ. S.r. CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR. LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 . ..." ._.___.u___.."...n__M....eV"h3£....tf"Io.1:-'T.l'\PCon5'U:s..1:~89-TC£-"""4~3019-2A1W'Q 03/27102 1.2~31 PH PST EXHIBIT "B" 1-1- ~~!:J9~ CD¡;::¡:~La.CQ ~. ¡!:oo.. ........crffi< .,....0 ::E co 'z ~ z. ¡¡¡....~~f;; ~F-U APN:644-060-12 PROPOS EO 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT '1-'t>. 6. V, ~ ~ IP '<a>. PARCEL 2 PROPOSED 40.00' WIDE TEMPORARY EASEMENT WESTERLY BOUNDARY LOT 37, MAP 862 MAP 862 SHT. 3 OF B NORTHWESTERLY BOUNDARY, DOC. NO. 1997-0205421 LO-r 44 POINT OF BEGINNING PARCEL 2 LOr 31 WESTERLY CORNER, DOC. NO. 1997-0205421 j hlit",.i. t'tr,."UU CoIp«oIo Dfftct: 71O.N.!JI47 105 ThIrd SIno! rat 710.&32.0164 EodoIIa" CA '2024 APN:644-060-12 GRAPHIC SCALE 100' 0' SO' ~I '?i-51 CITY OF CHULAVISTA TEMPORARY EASEMENT ACQUISITION A.P .N.'S 644-060-07, 12. 645-030-19 &. 646-010-02 POR. lOTS 25, 26. 35. 36. 37 &. 43 PER MAP 862 100' I 1-c: 100' ~'HIOpMnt"ddt\2S89GAND\_\Pl'l3tsPltpla.ts'.T""CanI't(.l'It'-2'89-TCt-APH64503OI9-3.cÞg 03127.f02 1OS9022 Nt PST SOUTHERLY BOUNDARY DOC. NO. 1997 -0205421 -{' ~l ,-,0\ POINT OF BEGINNING PARCEL 3 ~ oi :ð ,w .8 ..,. - . o C? EXHIBIT "B" SHT. 4 OF 8 PROPOSED 20.00' WIDE PERt.lANENT EASEt.lENT PER SEPARATE DOCUt.lENT 40.00, PARCEL 3 P~OPOSED 40.00' WIDE TEMPORARY EASEMENT c' \ ó\ l{)O ~ -----c~ GRAPHIC SCALE 200' O· 100' 200' ~II 1·. 200' APN:645-030-19 r¿/r/¿ ~¡\}\ ? APN:644-060- t 2 ,-,0-\ 1.v-\ \ ,-,0-\ 1.V6 ... ,.u/.,.... C'n",.lh. C«poroh Offlco: no.NUI47 IG5 1hInI _ rox no.m.OIU _CAI2W WESTERLY CORNER DOC. NO. 1997-0205421 CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.H.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR. lOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 ?f ,- L/D 4o\t.and.V.kJpIen1\tddl\2589GRNINÞg\Ph3£SI'Itf"tO:t.\T...p::orwt£.,,1;~-Tœ:-APN6.:503OL9-4.dwg 03128102 lIC18136..... PST > NB6·01'05"E ~\ 94.64' 0 -0 I"l :z; z: it ¡;, t;. - -\ I õ c > g: , 6=2·59'06" \ .!. "'tJ u> Q R-2284.94' z: - L=119.04' rc/Ô "t N85·34'21"E 77.34' ~J\ þ'? ¡® ~~. ~"""<.9;ð -...: ~ 4-0.00~ '" r) 6 EXHIBIT F \-., [) '\ 0 " SEE SHEET 6 ~~D \\ \ \...[) ~\ \ PROPOSED 20.00' WIDE :r;, ~.\ PERMANENT EASEMENT ~~-~. PER SEPARATE ~-~~ DOCUMENT 1'" PARCEL 3 \ PROPOSED 40.00' WIDÈ' TEMPORARY EASEMENT \ \ ~\ J>J) "B " SHT. 5 OF B -.c~ .'11 \~.\1'\j. "..- l '" '((t) 6=2·23'22" R=II4-9.97' L=47.96' 6=12·52'03· R=984.97' L=221.20' \ £~/Ô 1, f PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT PARCEL 3 PROPOSED 40.00' WIDE TEMPORARY EASEMENT > -0 :z; ¡;, .... <.n I c ::¡:: LEGEND: u> ® EXISTING S.D.G.o!c E. EASEMENT REC. 8-20-1991 AS fiLE NO. 1991-0426811 g'-Lfl 6=2'44'29" R=2314.93' \ L=II~.76' 40,00 \ \ \ O· 20.0 r) ç\ \ \-.,Ó\ 0 u - _______ C' _____...( ~ () j hU/",.h cu,.nUn \ ('\ \ Cocporoh Offloo: 71UW141 ~ U 105 !hint SIno! Fa ßO,IS2.OII4 ~CA12II14 CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-010-02 POR. lOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 CD EXISTING WATER EASEMENT TO THE CITY or SAN DIEGO REC. 7-10-2001 AS DOC. NO. 2001-0471015 568·02'20"E 93.77' SEE SHEET 4 GRAPHIC SCALE 2~' Ii 1"- 200' 200' 1 "'~.""Vflopl'lØlt\l-.n\2S89GRND\dWg\Ph3t-tptO..t.\ r."Pcør'lsu:_t'-2589- TeE _""""'S!3019-5.dwg 03128102 u.t3l!51 AM PST SEE SHEET 5 . ' ~~ ¡-® I)\I),I)~ ,,?w.f>I.\)' ~ 0\ !.-' \'-' rj 6 \ \.,Ó\ 0 \ I);I)'\~ \þ-?w.I'>~')' \ \ ,r) \ßD£" <t PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT LF1"28'12" R=2314.93' L=59.39' ~\ .., iI). ~t.y '", )\ V.~\ \ PARCEL 3 PROPOSED 40.00' WIDE TEMPORARY EASEMENT Zf 1-- 200' EXHIBIT "B" ~i7 ~~ .... r:-<D. . ~. ...~" ~'" ~ \I -to> o 0> ... ~ SHT. 6 OF B PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT t- z: o a... -' « u ¡::: z: w Cl PARCEL 3 PROPOSED 40.00' WIDE TEMPORARY EASEMENT r;>'ô \ Ó\ f.-' ,,\¡\,\¡,I)'l !.-' Þ-?\\"\)~\) ß'ô~ LEGEND: ® EXISTING WATER EASEMENT TO THE CITY OF SAN DIEGO REC. 7-10-2001 AS DOC. NO. 2001-0471015 CENTERUNE OF EXISTING 25.00' WIDE WATER . EASEMENT TO THE CITY OF SAN DIEGO REC. 11-27-63 AS DOC. NO. 211639 .4J ~ ¡., - . ~ '" ® CD CENTERUNE EXISTING S.D.G.&: L EASEMENT REC. 2-13-1940 AS DOC. NO. 7599 O.R. (NO WIDTH) ~ J C.U n.h Ctr,,,.u.. c..,..h Office 71UQ.51f7 105 "*'I SIntI Fax no.m.Ol14 _ c.\ t2Ø14 8-Lf2- CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12. 645-030-19 at 646-010-02 . POR. LOTS 25, 26. 35, 36, 37 at 43 PER MAP 862 Ho\L4ndd.v~\ldd1\M89GRNJ1\dwo\Ph3E...tp ots\T~t£sm\2589-TŒ-N'H64S03Dl9-6.dq¡ 03128/112 U44t4ê! AM PST ---_..~---_.._---~---'_._----.------------ --------- ------c.~ SEE SHEET 8 , EXHIBIT "B" SHT. 7 OF 8 cÒ "c· ~ "'. fI>. ~ <: . ~ ~ ~v':~ "'.;Z 'f9 ',9 :;>0. PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT -- ~ r¿yD~ "0. ~ ~,9. . rì 6 f: "',9. PARCEL 3 \ 0'\ 1-' ~J\j\? ~ð'",$' PROPOSED 40.00' WIDE ~ ~ ''':>,$'. TEMPORARY EASEMENT ~ _(' rì'ô ~ 0\ 1-' \., ~ .~ / .'!¡"'i ;.0- 'by d ~~i:\ . ~'-' ~~,o" ~ <'~ ~ V', / '-, ,. ". 'd! fI> -. !1' .~ <l. ...1 9", ""'... ;.>.-. Ooò 1;' APN:646-010-02 ~oò ' .'v' N77·03·54·E 143.70' j 'IU/lnil C"p.,llh. Co<pG<vtt Offl:o: 710.942.51(/ 105 Thkd _ F.. 710.632.0164 E_. CA 12024 GRAPHIC SCALE 2~' 'rT' ,"= 200' ð'-L 3 \, SEE SHEET ~ CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N.'S 644-060-07, 12, 645-030-19 & 646-DI0-02 POR, LOTS 25, 26, 35, 36, 37 & 43 PER MAP 862 Ho\.l.a.......v.lopI""t\"'ldI\es89G1tND'dwQ\Ph3E...tp\d.'TftllPConstE_t\2589-TCE-APN645030~'-7.dwQ 03l!8102: '40084S PM PST ---..c=~ W' EXHIBIT "B" SHT. B OF B APN:646-010-02 PROPOSEO 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT -Vò ~Cf\ APN:646-010-02 EASTERLY BOUNDARY LOT 25, MAP B62 _( rìD 0\ t-' ~ I- z: o a... -' <{ ü ¡::: z: w o ~ t)!0, r)D ~'!Ø. -( £.> '0 t'> \ 0 \ ~."'. y t<' PARCEL 3 PROPOSED 40.00' WIDE TEMPORARY EASEMENT ~ \}\? \ . '!Ø. 'b . <" -> 'i- ''t,. PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT PARCEL 3 PROPOSED 40.00' WIDE TEMPORARY EASEMENT j c,U/utth c",,,.Ii.. c..,...oIt Ofllct: 7&0.142.5117 105111101 51"" r.. 76O.13l0\¡¡ EncINIos. CA '2021 , SEE SHEET 7 GRAPHIC SCALE 200' 0"00' 200' ~II '·c 200' 2$-4L/ CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N.'S 644-060-07. 12. 645-030-19 & 646-010-02 POR. LOTS 25. 26. 35. 36, 31 & 43 PER MAP 862 "',Lo.rMId__topPwn1:"'dcØ.\2SIØHD\c:twg\Ph3E....tPtQ1:.\T~.I'rt\Z589-TC£~N'H64503Ol'-8.dwD 03/e,.rœ 12013017 PH PST . . 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 Dnly. No Fee Required. .... ... APN(s) 646-010-03 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company 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, under and across that certain real property situated in said City of Chula Vista, 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. 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_ Otay Land Company, LLC BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) ??~Lf5 . . 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: Ci-L/6 . . EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 16 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 16, DISTANT THEREON NORTH 18°40'36" WEST 1780.28 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 70°49'23." EAST 313.59 FEET; THENCE NORTH 47°26'26" EAST 510.19 FEET TO THE BEGINNING OF A NON-TANGENT 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 35°50'23" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°43'51", A DISTANCE OF 255.52 FEET; THENCE NORTH 66°53'28" EAST 344.47 FEET; THENCE NORTH 63°23'58" EAST 373,30 FEET TO THE BEGINNING OF A 1699.95 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°51'06", A DISTANCE OF 499.98 FEET TO THE BEGINNING OF A REVERSE 1699.95 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°25'33", A DISTANCE OF 249.99 FEET, A RADIAL FROM SAID POINT BEARS NORTH 18°10'29" WEST; THENCE NON- TANGENT TO SAID CURVE NORTH 79°03'59" EAST 151.96' FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 16, SAID POINT BEING DISTANT THEREON NORTH 18041 '17" WEST 2072,77 FEET FROM THE SOUTHEAST CORNER OF SAID LOT. THE SIDELINES OF SAID 20,00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY AND EASTERLY BOUNDARY OF SAID LOT 16, SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. /;-:;:;:..:-:::- /::':";..-, .</.<;\ t.P-I'D .,' ,..;/j;";\>,.,- .---~-.,... ')(~~ /1 f.::.~"- -=- 0· I~ )'/. /:. /1 (,;. / ~'\." 'I;~l '::L /(::;í.: ~1 '0,_ f{ I ~- d. -." \\~ ( 'PI'" ~() line;") ~:! \\ "):. \ Exp 12 -JI ()2 '......~. \\- '. \\:..~~//;:, .___.," ,~Ò~· .. »?¡" (' i\ \.\ ' '- ---- H:lLanddevelopmentVddI12589GRNDlDocuments\Ph3EsmtL9IslPermSewerEsmt\2589-APN64601003-lgl-PE.doc 03127/02 g-L/7 EXHIBIT "B" ~ sm. 1 OF 2 EASEMENTS AREA TA LE PROPOSED PERMANENT 53,979 S.F. EASEMENT LARGER PARCEL AREA TABLE REW.INDER (EXCLUDES UJ. c\: PROPOSED PERW.NENT EASEMENT 486.83 ACRES ORIGINAL EXCLUDES UJ. 488.07 ACRES --- - \ > \ \ ---\-- --- \0-\ \ ~V~~~ ~o:::::=- :;-- ,) C) co' b D -- --- --- \ Ó\ ~-\6 ~ ~ ~ 'tJ\ ~. LEGEND: UJ. NOTES: 1. ALL DIIAENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET c\: HIGHWAY EASEIAENTS. 3. EXISTING EASEIAENT TO THE KIMBAll BROTHERS WATER CO. REC. ID-14-1B69 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROIA RECORD. 4. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH IAAY EXIST OVER PORTIONS OF THE LAND SHOWN HEREON LYING BENEATH THE WATERS OF THE OTAY RIVER NOTED IN PRELIMINARY TITLE REPORT ORDER NO. 203071501 DATED 8-27-2001. - --- --- \ 0-\ ~ \r) <J1 - Q ;.> d>. ~ ~ . «\ -\ \.. 0 rJ ~Q --- --- - \ 0-\ \ ~ ,?b¡ - y - \ ::::::::::::.::::::- \ ~S-- -\ \ \ \ Ó\ ~,¿6 --- --- --- ()\()-()'!> Þ.?~"~~~- "",- ""," f /\ Ó\ ( ) ~ ~-\D =::. -:;.. SEE SHEET 2 0'. .",5'~ ....'2: 'J . S1iß'A-\'?>\ GRAPHIC SCALE 2000' 0' 1000' ~I 1"= 2000' 2000' I ~- S.F, ø ~I Zß/Ol-- RMAN -~ TE EXISTING PROPERTY LINE, EXCLUDES U.F. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET k HIGHWAY EASEMENTS SQUARE FEET 100' WIDE STRIP DESCRIBED AS EXHIBIT 'A' IN DEED TO SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY REC. 6-24-1912 IN BK. 570, PG. 113 OF DEEDS. OWNED IN FEE BY THE CITY OF SAN DIEGO. CITY OF CHULA VISTA j CIIi/.nll CIf,ITIUU eorp.m. Offici: 7&0.942.5147 105 ThW _ r.. 7&0.632.0164 Endn/t1Is, CA 9201. M>\LllncHewtopM"t'tddJ\e89GRND\dwg'f'h3(Srrtf"la,ts\pe""Se_[,"t~-PE-APN646010D3-t"g 03/27/02 02t45039 PH PST PERMANENT EASEMENT ACQUISITION A.P.N. 646-010-03 POR. LOT 16 PER MAP 862 ... ,'... ' EXHIBIT "B" SHT. 2 OF 2 ~:~o ~~ ~\~~ '\ o.~. ~<" r¿/ô'¿ EASTERLY BOUNDARY LOT 16, MAP 862 N79°03'59"E 151.96' ~\}\? -t,~ o'''J.o \~ ~~.'\ !>~~ ~ APN:646-010-03 '~9'iI ~\~~ -- -- 7.0.0Ò .- -- ~~) ---- lFB025'33" ~} R=1699.95' n APN:646-010-03 L=249.99' \\\ r¿/ò ~ ~)\ J\? ~ ~y<t ~ c ~.~~~ \..0 \ \<6.~ ~\ .,¡) ~ :\ cPo -ø. ~\ ~ \ ''&.\~ ~{' -\'0 \..0\ f- :z o a.. 6=12'43'51" ;i R=1149.97' / ::: ~ L=255.52' ~~./ :z (j' .'};./ ~ 't:. \~ ~4>/<i:'> - '\ ~'5 /' ~ /. ./ cP ~C>' -\'0 PROPOSED 20.00' WIDE PERMANENT EASEMENT ~ " .ý",~~ ;>~6" ~ ~6'. ~ ~ '\:, ~O ~ '7,9. ~ PROPOSED 20.00' WIDE PERMANENT '\~ EASEMENT WESTERLY BOUNDARY LOT 16, MAP 862 ~~ 0' 00 \,\ V. ~. ~\ <£.~ ~ i"""'- "iI \1ßI)¡S~ \ß0A-Òl.t Sl)\)~,,~ ß'õ~ ~ o\tI IS' ~ \'õ, ~~ ~€.~ ,-I) C~ LEGEND: PROPOSED PERMANENT EASEMENT ~~ POINT OF BEGINNING J cali/"ail ,,,,,"Iii.. CoIporOI' Dllko: 160.942,5147 105 Third 5t,", rax 160.632,OI6~ Enclnlfos, CA 9202~ GRAPHIC SCALE 200' 0' 100' ~I g-4q 2¡ CITY OF CHULA VISTA 1"= 200' PERMANENT EASEMENT ACQUISITION A.P.N. 646-010-03 POR. LOT 16 PER MAP 862 H.\Lonctdev.lopf'errt\ldd1\I!S89GRND\CfwO\Ph3Eprtplo:tS\P.,-,o\$...r-£SlIIt\25"-P£-N'M£460IOO3-2.dwg 03/21/02 02043001 PM PST C. OTAY LAND COMPANY PROPOSED EXHIBIT "A" EASEMENT DESCRIPTIONS AND EXHIBIT "B"RIGHT-OF-WAYPLATS 2-5"0 KEAGY REAUSTAtE 200 '. . . Recording requested by and please return to: City Clerk City of Chula Vista P.O. Box 1087 ChuIa Vista, CA 91912 This instrument benefits City, only. No fee required > or Recorder's use, onl > APN(s) 646-010-03 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, . Otay Land Company, LLC, a Delaware Limited Liability Company 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. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. 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. . l? -5{ ~ . . Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and ftom 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. Signed this day of 20_ Grantor(s)' signature(s): Otay Land Company, LLC By: By: It's It'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 undersigrœd, 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 gran1ee(s) consent(s) to the recordation thereof by its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: ð~52- 212 EXlßBIT 'A' TEMPORARY EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 16 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDll'fG TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF TIlE COUNTY RECORDER OFSAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITmN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 16, DISTANT THEREON NORTH 18°40'36" WEST 1780.28 FEET FROM THE SOUIHWEST CORNER OF SAID . LOT; TIlENCE NORTIl 70°49'23" EAST 313.59 FEET; TIIENCE NORTIl 47"26'26" EAST 510.19 FEET TO TIlE BEGINNING OF A NON-TANGENT 1149.91 FOOT RADIUS CURVE, CONCAVE sotJTHEAsTERLY, A RADIAL FROM SAID POINT BEARS SOU11l 35°50'23" EAST; THENCE NORTIIEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°43'51", A DISTANCE OF 255.52 FEET; TIlENCE NORTIl 66°53'28" EAST 344.47 FEET; THENCE NORTIl 63"23'58" EAST 373.30 FEET TO TIlE BEGINNING OF A 1699.95 FOOT RADIUS CURVE, CONCAVE SOUTIlERLY; THENCE NORTIlEASTERLY ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 16°51'06", A DISTANCE OF 499.98 FEET TO THE BEGINNING OF A REVERSE 1699.95 FOOT RADIUS CURVE, CONCAVE NORTIlERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8"25'33", A DISTANCE OF 249.99 FEET, A RADIAL FROM SAID POINT BEARS NORTH 18°10'29" WEST; THENCE NON- TANGENT TO SAID CURVE NORTI! 79°03'59" EAST 151.96 FEET TO A POINT. ON TIlE EASTERLY BOUNDARY OF SAID LOT 16, SAID POINT BEING DISTANT THEREON NORTI! 18°41'17" WEST 2fJ72.77 FEET FROM TIlESOU11lEAST CORNER OF SAID LOT. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET . AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY AND EASTERLY BOUNDARY OF SAID LOT 16. SEE EXHIBIT "B" ATIACHED HERETO AND MADE A PART HEREOF BY TIllS REFERENCE. ó £,\1 \..¡\j~~ //.-'"'?, ~'0(~ /¡. «¡' ",O.EY~ t.:,.\\ (j ~<¡, ~+ ".í:.'\ ;/::;, ~ 1z. ~ 'ì 11*( )*'1 II r¡: ~P1..." 1\0. 6336 I ",II '\~ Exp, 12/31/02/ ~ ~/>1' _~~.. ~~ ~--~ 2? -53 . H:lLmidevelopmentVdd112589GRND'Documents'Ph3EsmtLgIs\TempConsIEsmt\2564fJJ1003<gI-TCEdoc 03127102 EXHIBIT "B" lARGER PARCEl AREA TABL£ REWAlNOER (EXa.uOES U.F. t PROPOSED PERllANEIIT 486.83 ACRES 'OTAY ~ i VICINITY MAP NO SCAlE -- \ . \ \ .--\-- ---- \ 0'\ \ !.-' "\b~ ~ -:;:::::.~ ç ?/ð ~ __ - --- ---- ORIGINAI. EXClUDES U.F. 488.07 ACI!ES \ --- --- \ C)'\ !.-' rI 11\ -\0 ;..> 01, ~ ~ . «\ --- -- \ C)'\ !.-'~?J ~1~ ~~~ -\1 ,;.;.-- c)'\ \ \. ---- --- :-- \ 0'\ ~ !.-'~Dt -'\===========- ---- ~'!I r-.. ? --- r;)Í>~\ .... \ ~\ ____ ---- ø~ .,;;? ..-.-- /' \ 0'\- -- \ ~ ~!.-' -\D \.C),:: ~ \~rJ ? EE SHEET 2 \ ~. ,~'fI s'i;;"·ß\' \ 0'\ "'-\6 ~ ~ '<J\ ~. NOTES: I. AlL DIMENSIONS SHOWN HERE{)N ARE COIoIPllED FROM RECORD DATA. , 2. EXISTING PR1JPER'IY BOUNDARIES AND AREAS SHOWN HEREON EXClÙDE ROAD, STREET t HIGHWAY EASEWEN1S. 3. EXISTING EASEWENT TO THE KlllBAl1. BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 or DEEDS. EXACT LOCATION CANNOT 8E DETERMINED FROM RECORD. 4. RIGHTS AND EASEWEIITS rOR NAVIGATION AND flSHERY WHICH WAY EXIST OVER PORTIONS or THE LAND SHOWN HEREON LYING 8ENEATH THE WATERS or THE OTAY RIVER NOTED IN PRELIMINARY TITU: REPORT ORDER NO. 203071501 DATED 8-27-2001. LEGEND: U.F. S.F. CD 213 SHT. 1 OF 2 EASEMENTS AREA TABLE PROf'OSED TEllPORARY · 53,979 s.r. EASÐIEIIT PROf'OSED PERIIANENT 53,979 S.F. [ASEIÆIIT · INDICATES AREA or PROPOSED TEIIPORARY EASEWENT DOES NOT INCLUDE PROPOSED PERWANENT EASEWENT AREA. EXISTING PROPERTY lINE. EXCLUDES u.r. UNDERLYING FEE.' INCLUDES EXISTING ROAD, STREET I: HIGHWAY EASEJ.IENTS SQUARE FEET 1 DO' WIDE STRIP DESCRIBED AS EXHIBIT 'A' IN DEED TO SOUTHERN CAUFORNIA WOUNTAlN WATER COMPANY REC. 6-24-1912 IN BK. 570, PG. 113 or DEEDS. OWNED IN FEE BY THE CITY or SAN DIEGO. CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISmON A.P.N. 646-010-03 POR. LOT 16 PER MAP 862 EXHIBIT "B" ~}\? APN:&46-010-o3 ~D 0-'\ \ \., I- Z Õ .C- A=12°43'SI" <i. R=1149.97' / ~ L=255.S2' ~~...... 15 I~'};""" 9 ~~;;~ /'. ...... If' ~<;). ~ ~. PROPOSED 20.00' WIDE PERMANENT EASEWENT PER SEPARATE DOCUWENT PROPOSED 40,00' WIDE TEMPORARY EASEMENT 10". :>. ""6'- ""6'. ~ ~ q~ 09- L£GEND: PROPOSED PERMANENT EASEWENT PER SEPARATE DOCUWENT V f f f f f f I PROPOSED ffilPORARY EASEWENT t.,-.:.~~$ið;"~"'~'¡;*1 -.c~ GRAPHIC SCAl£ 200' 0' 100' 2rxt ~~ \ I J e,lil.rah ~",,,.IU. eo.,oraIo 01Iloo: 7&l¡.3W147 1115 11*d _ ¡ox JØWZ.111" _Cl.I2Ø1' 1-= 200' 8-5~ N79·03'59"E 151.96' . '29 ~\ß~""""'- ............ (.R) APN:646-o10-03 <t. ·Oi \., -\D PROPOSED 20.00' WIDE PERllANOIT EASEWENT PER SEPARATE DOCUWENT PROPOSED 40000' WIDE TEMPORARY EASEMENT ß--- 'ýJ"'t\ \~~¿S~2 ~\ 'ò0 J,O ~€. S~ y,þP ~~~ \.O~ ... . è<Ø CITY OF CHUIA VISTA TEMPORARY EASEMENT ACQUISmON A.P.N. 646-010-03 POR. LOT 16 . PER MAP 862 HI\L.II...u..... r .t'\ldll.\2589GRNII\bQ\l"h3Esl'lt:Pttc\.T~\2SIØ-'TŒ--mI·-~- e..tIfQ 03n7/Œ e4M2 PM PST 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. or Recorders Use Onl .... APN(s) 644-060-11 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company 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, under and across that certain real property situated in said City of Chu1a Vista, 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. 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_ Otay Land Company,LLC BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) 3-Gb . , . . This is to certifY that the interest in real properly 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: 8-'56 . . EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 44 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 44, DISTANT THEREON NORTH 71°58'15" EAST 344.76 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 69°49'02" EAST 70.48 FEET TO THE BEGINNING OF A 4999,86 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'15", A DISTANCE OF 436.68 FEET; THENCE SOUTH 64048'4T' EAST 159.95 FEET TO THE BEGINNING OF A 5571.71 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°58'22", A DISTANCE OF 483.58 FEET TO THE BEGINNING OF A REVERSE 2499,93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'14", A DISTANCE OF 241.60 FEET; THENCE SOUTH 64°14'55" EAST 364.45 FEET TO THE BEGINNING OF A 1149,97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°18'36", A DISTANCE OF 447.78 FEET; THENCE SOUTH 86°33'31" EAST 441.25 FEET; THENCE SOUTH 67°50'11" EAST 280.90 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 44, SAID POINT BEING DISTANT THEREON SOUTH 18°37'56" EAST 1746.73 FEET FROM THE NORTHEAST CORNER LOT SAID LOT 44, THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LOT 44. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. 3 ZB 0 '¿ ES EYERMAN DATE S.63 6 EXPIRES 12-31-2002 H:V-anddevelopmentVddI12589GRNOlOocumentsIPh3EsmtLgtsIPermSewerEsmtI2589-APN64406011·/g/-PE.doc 03127102 8-57 EXHIBIT "B" ,r.2 -(' !.-¡v 6 \ 0 \ '2.&6..0.5 y 0'\ <:it:. ~1\'?U !OT:' v SITE VICINITY MAP NO SCALE EASEMENTS AREA TABLE PROPOSED PERMANENT 58,533 s.r. EASEMENT / I I \ \ \ <&. \ .~- \ \ SEE)"...... SHEET :3 LARGER PARCEL AREA TABLE REMAINDER (EXCLUDES u.r. &: PROPOSED PERMANENT EASEMENT 266.67 ACRES ORIGINAL EXCLUDES U.r. 268.01 ACRES ø ® - SEE SHEET 3 roR DESCRIPTION 3/wloÞ DATE GRAPHIC SCALE 1000' 0' 500' 1000' ~II .. 1:.11/".'" C'tr,".U'. Corp«ol. Oft1ct: 710.942.5147 105 INnt SImI Fax 710.632.01 U EncIoIIas, CA 92024 1'= 1000' 2--96 SHT. 1 OF 3 ---- '0 r/2" \ 0-"\ Y c' 3° .?<:i~ :1\"'2.'2. 5 S 'ò'òo.Þ. LEGEND: UJ, EXISTING PROPERTY UNE, EXCLUDES u.r. UNDERLYING rEE, INCLUDES EXISTING ROAD, STREET &: HIGHWAY EASEMENTS SQUARE rEET s.r. CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N. 644-060-11 POR. LOT 44 PER MAP 862 ........-....---....--.--.----- M\LGno:fcRv.toprl'"''t\tddl~o\Ph3t5rl'tP'o.1.\PeNlSn~snt\2589-PE-N"N64406otl-I..0 03lë:7IGe 03(15013 f't1 PST 200' ~. '( I .... /;? I ~9J·g/'1 o 0) ......: I: '" 'It- 'It- I 1"= 200' ..$l.J'tl PROPOSED 20.00' ~~ WIDE PER~ANENT ~ ~ EASEMENT t} ~^: J¡ .I:j¡ It!! I 01Q" ¿II ~J\}\ ? 569°49'02"E 70.48' OINT OF BEGINNING . . .c~ GRAPHIC .sCALE 2~~' 1j APN:644-060-11 \ Ó\ y !-v\ NORTHERLY IfI!'O ~OUNDARY I ~ I LOT 44, /:'1 & MAP 862 II Ii· 1 q: ~ 1/' '0' 'I .:!! ~ //flJ .-4 ~~ <ó ~'t/, ~~ 't-t,~. 'Q~ ~o>~ ~b {1!¡<\ ¡';>~I"!~ ~~\ \ O~\ Y r) !-\o EXHIBIT "B" SHT. 2 OF 3 -r ~( EASTERLY BOUNDARY \ 0 \ .~ LOT 44, UAP 862 '-' 0 :1''=>§ S~ S\~Í&¿1~O?-1:r _ü ~'<-\...O"'i ~~~~?-'ðG?" .41 .----C ~,,? ¡~ HI /... ~ '/z ___ ~ ¿g <v 1/ ro) D~ I - - I' \) PROPOSED 20.00' \'\J" r>í \ 1\ \ ,\ WIDE PERMANENT .-< 1.-1 -I W EASEMENT ~O\ ~1q1/ i~ 1'1 I " (" CO'?. D I- z: o Q... -' « u ¡::: z: w C> ~11r.. D I, CI) /1 ! LEGEND: / ¡II f: k @ CENTERLINE EXISTING III !? ,...: UTIUTY EASEMENT TO II 'I ~;¡ S.O.G.&E. REC. 7-12-1936 APN:644-060-11 II fv h AS DOC. NO. BOOK 53B. V f'I -.J PAGE 374 -8 ® CENTERLINE EXISTING 12.00' WIDE UTILITY EASEMENT TO / S.D.G.&E. REC. 7-20-1991 .41 <Go. AS DOC. NO. 1991-426811 ßl., !I¡~. G' CD APPROXIUATE LOCATION OF ~ 'It- NORTHERLY LINE OF ¥ r'ó/tl EXISTING FLOWAGE !g /'oj" / EASEMENT REC. 10-3-1985 11/ AS DOC. NO. 85-367480 ~ I PROPOSED PERMANENT EASEMENT E 't CITY OF CHULA VISTA J CIUJ""h Cuplt..h. Corporult Ofr.~ 760,U2.S147 605 ThInI 5h'''' F" 760.632.0164 ~ _ 5Q Endnllos, CA 12024- , PERMANENT EASEMENT ACQUISITION A.P.N. 644-060-11 POR. LOT 44 PER MAP 862 ....\L.noId...,elOFl"..rrt'-ldIll1\2S89GRND\dwo\Ph3E'"tF't..iS\P~I!....I"£5m\2589-f't-N'N'44060U-3.dwg 03/21/02 03001.·-4' PM PST LEGEND: UJ, EXISTING PROPERTY LINE, EXCLUDES U.F. UNDERLYING FEE, INCLUDES EXISTING ROAO, STREET & HIGHWAY EASEMENTS NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM REtORO OATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET & HIGHWAY EASEMENTS. 3. EXISTING EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 4. EXISTING EASEMENT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. NO. 1992-0699337 OF OFFICIAL RECORDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. CD-APPROXIMATE CENTERLINE OF AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 164 NOTED IN PRELIMINARY TITLE REPORT ORDER NO. 203071497 DATED 10-10-2001. 0_ PORTION OF AN IRREVOCABLE OFFER TO DEDICATE ACCEPTED PER FILE NO. 2000-0267556 RECORDED MAY 23, 2000. SAID IRREVOCABLE OFFER TO DEDICATE WAS RECORDED MARCH 7, 1985 AS FILE NO. 85-076443. GRAPHIC SCALE 300' 0' 150' ~~ I 1'= 300' Ii C'.tit.,.h t'u,It'.U.. Co<¡>oroIt 0ff1c. 105 ThIrd 51"" Enclnllos. C.\ 9%(124 710.'42.5147 Fa. 710.&32.0164 8-0 B' SHT. 3 OF 3 APN:644-060-11 \., Ó\ !-\A B ?:{}., ----- ~J\}\ ? ~ \., Ó\ !-\6 APN:645-030-18 ~ 300' I CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N. 644-060-11 POR. LOT 44 PER MAP 862 "''-lfU'ld.Yriopl'lmt''dd1\2S89CiRND'dwa\PhJ[S..tPlo.tS\Per,.s~~~t\25IJ9-f'E-APN64''06011-2.d.g OJ/271œ 02058ð7 PH PST ,; . . . Recording requested by and please return to: City Clerk City of ChuIa Vista P.O. Box 1087 ChuIa Vista, CA 91912 This instrument benefits City, only. No fee required > or Recorder's use, onI > APN(s) 644-060-11 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company 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 easemellt in, upon, over, under, and across that certain real property situated in said City of ChuIa 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 incidelltal to the construction of Grantee's construction proje.ct. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said tennination date the Grantee shall have no further obligation or liability in cODflection 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, &-hl . . Grantee shall have the right to trim, cut and/or remove trees, foliage and fOOts 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. Signed this day of 20_ Grantor(s)' signature(s): Otay Land Company, LLC By: By: It's It'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 goverrunental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to autlwrity 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 autlwrized officer. SUSAN BIGELOW, CITY CLERK By: Date: 8 -"2.. . . EXHIBIT 'A' TEMPORARY EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 44 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN·DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 44, DISTANT THEREON NORTH 71°58'15" EAST 344.76 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 69°49'02" EAST 70.48 FEET TO THE BEGINNING OF A 4999.86 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'15", A DISTANCE OF 436.68 FEET; THENCE SOUTH 64°48'47" EAST 159.95 FEET TO THE BEGINNING OF A 5571.71 FOOT RADIUS CURVE , CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°58'22", A DISTANCE OF 483.58 FEET TO THE BEGINNING OF A REVERSE 2499.93 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°32'14", A DISTANCE OF 241.60 FEET; THENCE SOUTH 64°14'55" EAST 364.45 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22° I 8'36", A DISTANCE OF 447.78 FEET; THENCE SOUTH 86°33'31" EAST 441.25 FEET; THENCE SOUTH 67050'11" EAST 280.90 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 44, SAID POINT BEING DISTANT THEREON SOUTH 18°37'56" EAST 1746.73 FEET FROM THE NORTHEAST CORNER LOT SAID LOT 44. THE SIDELINES OF SAID 40,00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE NORTHERLY AND EASTERLY BOUNDARY OF SAID LOT 44. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. ::'> Z8 "7- JA ES . EYERMAN DA E P. .S.63 6 EXPIRES 12-31-2002 H:Y..8nddevelopmentVddl\2589GRNDIDocumentslPh3EsmtLgts\ TempConstEsmt\2589-APN64406011-1g1- TCE.doc 03127/02 'is' - b 3 EASEMENTS AREA TABLE PROPOSED TEMPORARY · 58,533 SJ. EASEt.tENT PROPOSED PERMANENT 58,533 SJ. EAsEMENT . INDICATES AREA OF PROPOSED TEMPORARY EASEMENT DOES NOT INCLUDE PROPOSED PERMANENT EASEMENT AREA. LARGER PARCEL AREA TABLE REMAINDER (EXCLUDES UJ. & PROPOSED PERMANENT EASEMENT 266.67 ACRES ORIGINAL EXCLUDES UJ. 268.01 ACRES ¡-Ø ------ ~J\~? EXHIBIT ,Fl -(' !-/o 6 \ 0 \ 1-'ò4Q.'õ ~ .co . ß\~ " ~1\ ~ ~ 0ÜN:' APN:644-D60-11 SEE SHEET 2 / t I \ \ \ ~ '0 \ ~. \ \ srr.J',~ SHEET 3 "B " SHT. 1 OF 3 -- -- APN:645-030-18 !-\6 ßD~ \ 0'\ ~. c.,. ~O ® ® - SEE SHEET 3 FOR DESCRIPTION GRAPHIC SCALE 1000' O· 500' ~I 2? ~b'i· ·O.~ 6336 ES 12-31-2002 3)21:$ ÎO'z.. OATE j CaU/uah tupn.,it. Corporal. Office: 760.942.5147 105 ThInI Slmt fax 760.6Jt.0164 £nc1nitGs, CA 9Z024 1000' I 1"= 1000' .~ .'";)çJ~ S1~;J:Þr<$ LEGEND: UJ. EXISTING PROPERTY UNE. EXCLUDES U.F. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET /( HIGHWAY EASEMENTS SQUARE FEET SJ. CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P .N. 644-060-11 POR. LOT 44 PER MAP 862 li\Lond.vll'topl'le-n-t\ldd1'-2SØ9GRN~dwg\Ph3Es"tp a.ts\ h""'OI'I:rt£sni:\2589-TC£-N"N6""06OI1-I.dwg 03/27102 03dI"'''1 PM PST . 1"= 200' SHT. 2 OF 3 ~~ GRAPHIC SCALE 2~' T' EASTERLY BOUNDARY PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT --~ PROPOSED 40.00' WIDE TEMPORARY EASEMENT APN:644-060-11 BD~ ~J\}\ ? \ \ 1\ --< tt-t ILl 0\ . \-. / 7 PROPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT . PROPOSED / 40.00' WIDE TEMPORARY EASEMENT \-. Ó\ \ 1\ !.-t-I .'" " ."'~ o;f 0,- r'!.... '" <f.o<o.oo· ·00' I- z: ë5 a... -' « u ¡::: z: ...... CI ®-¡l ¡LEGEND: / ~ ¡ . CD CENTERLINE EXISTING ~ ~ UTILITY EASEMENT TO ."> ". S.D.G.kE. REC. 7-12-1936 ~ ~ AS DOC. NO. BOOK 538, rv h PAGE 374 l-' ® CENTERLINE EXISTING 12.00' WIDE UTILITY EASEMENT TO S.D.C.kE. REC. 7-20-1991 AS DOC. NO. 1991-426811 CD APPROXIMATE LOCATION OF NORTHERLY LINE OF EXISTING FLOWAGE EASEMENT REC. 1 D-3-1985 AS DOC. NO. 85-367480 PROPOSED PERMANENT EASEMENT PER SERARA TE DOCUMENT V I I I I I II PROPOSED TEMPORARY EASEMENT NORTHERLY /BOUNDARY I LOT 44, MAP 862 ~~ <ó~'t"'o ~~ ~~~. '1)~~( 'I"-¡;' ~'Ó t~~ ~Äf"!~ t~\ \ 0'\ ~ rl t\O ~J\}\ ? S69°49'OZ"E 70.48' OINT OF BEGINNING BD'2 . CITY OF CHULA VISTA .. t',U/""io C.,.,.,.ltita Corporat. Offici: 760.9042.5147 605 ~ Sir... ral 760.632.0164 ð_lor' Endnllas, CA 9202( ð "::J TEMPORARY EASEMENT ACQUISITION A.P.N. 644-060-11 POR. LOT 44 PER MAP 862 Ho\Lol'IdIk"etopP\t'rrl\ldcQ\2S89tiRHD\d.-g'Ph3EMtPt..is\TmpCons'tESI'It\2599-TCE-N>N64406011-2.dwg 03127/02 0J007t€9 PM PST ~ . . .. EXHIBIT LEGEND: U.F. EXISTING PROPERTY LINE, EXCLUDES U.F. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET & HIGHWAY EASEMENTS NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET & HIGHWAY EASEMENTS. 3. EXISTING EASEMENT TO THE KIMBALL BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 4. EXISTING EASEMENT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. NO. 1992-0699337 OF OFFICIAL RECORDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. CD-APPROXIMATE CENTERLINE OF AN EASEMENT AND RIGHT or WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 164 NOTED IN PRELIMINARY TITLE REPORT ORDER NO. 203071497 DATED 10-1 D- 200 1. 0- PORTION OF AN IRREVOCABLE OFFER TO DEDICATE ACCEPTED PER FILE NO. 2000-0267556 RECORDED iliA Y 23, 2000. SAID IRREVOCABLE OFFER TO DEDICATE WAS RECORDED MARCH 7, 1985 AS FILE NO. 85-076443. GRAPHIC SCALE . '.lil..... ,,,,,,.Ii.. 300' 0' 150' eo"""l. 0ffIc0: 1&O.~2.5147 .. ----- I 105 ThIrd Slmf rOJ 1&0.132.1)164 '~ Endollas,CA!Z02' 2~ 1"= 300' B SHT. 3 OF 3 APN:64-4-060-11 ~Ó\ !.-v.\ ~J\ J\? ~ ~O-\ BD1.. ---- 1.-\6 APN:645-030-18 ~ CITY OF CHULA VISTA 300' I TEMPORARY EASEMENT ACQUISITION A.P .N. 644-060-11 POR. LOT 44 PER MAP 862 ~\l.D......vetopnrn't'ldd1'2S89GRND\cIwg\F'h3£'"tf'lo.ts\Te...,cor.stE5rtt\2:589-TCE-APN6440601I-3.IIwg 03/27102 1007056 PM PST . . 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. .... .... APN(s) 644-090-04 & 644-080-09 EASEMENT FOR SEWER PURPOSES C.V. File No. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State ofCalifomia, 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, under and across that certain real property situated in said City of Chula Vista, 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. 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 Otay Land Company, LLC BY: . BY: It's It's (Notary Acknowledgment Required for Each Signatory) <¡? -b I . . 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: ~-M? . . EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 6 AND 7 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10,00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORTH 18°41'58" WEST 2501.93 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, SAID POINT BEING ON A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 64°20'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°45'40", A DISTANCE OF 485.52 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54°34'20" EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 52°28'21" EAST 263.41 FEET; THENCE NORTH 12°28'21" EAST 84.32 FEET; THENCE NORTH 28°45'39" WEST 305.02 FEET; THENCE NORTH 19°51'39" WEST 411.55 FEET; THENCE NORTH 58°18'57" WEST 303.70 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY 29, 1997 AS DOCUMENT NO. 1997-0038451 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT THEREON NORTH 05°51 '30" EAST 8.43 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 3, THE SIDELINES OF SAID 20,00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT 6, AND THE EASTERLY AND SOUTHERLY LINE OF SAID PARCEL 3. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. t ,. o'Z- YERMAN DATE EXPIRES 12-31-2002 \\sRVR21 \H.$nddevelopmentVddl\2589GRND\DocumentsIPh3EsmtL9/sIPermSewerEsmt\2589·APN64409004. g/-PE.doc 04/11102 ¿?-h<7 SHT. 1 OF 2 NO. BEARING DISTANCE L1 S11'29'50"W 158.95' 12 S49'22' 4O"E 128.00' l3 N85'03'50"E 180.00' L4 N71'18'07"E 75.00' LS 1'129'39'43"[ 60.20' L6 1'171'18'0 E 437.95' LO-r .4 "B" 'i "'~2640.91' EXHIBIT S71 '58'1S'W iOTAY Y SITE . VICINITY MAP NO SCALE ~ /,// //'/ /~ .{// /'LO-r 7 I( {{ I{ ~ 00 :!i ~ ::E APN:644-080-09 ~ o¡ ~ '" rD . ::E EXISTING SEWER EASEMENT TO THE CITY or CHULA VISTA REC. 1-29-1997 AS DOC. NO. 1997 -0038451 ~ ~ :.. -I>:. NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED rROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET &: HIGHWAY EASEMENTS. 3. EXISTING EASEMENTS TO THE KIMBALL BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 or DEEDS. EXACT LOCATION CANNOT BE DETERMINED rROM RECORD. 4. EXISTING EASEMENT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. tio. 1992-0699337 or omCIAL RECORDS. EXACT LOCATION CANNOT BE DETERMINED rROM RECORD. 5. RIGHTS AND EASEMENT rOR NAVIGATION AND rlSHERY WHICH MAY EXIST OVER PORTIONS or THE LAND SHOWN HEREON LYING BENEATH THE WATERS or THE OTAY RIVER NOTED IN PRELIMINARY TITLE REPORT ORDER NO. 203071492 DATEO 10-10-2001. 6. SEE SHEET 2 rOR LINE TABLE. N~ 1120.92' ....... L 12 l3 L4 !!l ª "i ,.., 852 MAP LO-r 5 LO-r 5 ~ 81 APN:644-D90-04 4488.62' S71'22'SS"W LEGEND: EXISTING PROPERTY LINE, EXCLUDES u.r. UJ. UNDERLYING m, INCLUDES EXISTING ROAD, STREET &: HIGHWAY EASEMENTS SJ. SQUARE FrET PROPOSED PERMANENT EASEMENT CD 100' rOOT WIDE STRIP DESCRIBED AS EXHIBIT . A· IN DEED TO SOUTHERN CALlrORNIA MOUNTAIN WATER COMPANY REC. 6-12-1912 IN BK.570, PG. 113 or DEEDS. OWNED IN rEE BY THE CITY or SAN DIEGO. ~~tl"I01- AM O. E ERMAN DATE L 6336 E IRES 12-31-2002 CITY OF CHULA VISTA GRAPHIC SCALE 1000' 0' 500' 1000' ~II 8-70 . PERMANENT EASEMENT ACQUISITION A.P.N. 644-090-04 &: 644-080-09 POR. LOTS 6 &: 7 PER MAP 862 .a CIUI".h CIf,."tha CoIp«Gtt 0IfIct: 71O.142~U7 105 third Sfføol Fait 760.63Z.0164 !nc1nll1l. CA 120Z~ 1"= 1000' "'\Le.ndd~."1:\ldcI1~wg\Ph3tSl'ltAo.tS\P"I'ISIr"rE...t\2589-P[-~"40900"-LckV D4/1Vt2 031S21S6 PM PM PDT .,-,.,--_._-"~'---" EXHIBIT "B" SHT. 2 OF 2 EASEMENTS AREA TABLE PROPOSED PERMANENT 37,078 S.F. EASEMENT ORIGINAL EXCLUDES UJ. 438.88 ACRES LARGER PARCEL AREA TABLE REMAINDER (EXCLUOES U.F. a: PROPOSED PERMANENT EASEWENT 438.D3 ACRES WESTERLY BOUNDARY LOT 6, MAP 862 '-:::::'" 1 ~~o \J' 6 \'\~ ~ \\ . :;A \~ 1'> \\\!> ~ -:> "" ~ q, . ~ PROPOSED \~ ~ 20.00' WIDE ~ 'f" PERMANENT ~ ~~o EASEMENT Q ~ '\ \~ '?o J SOUTHEAST 'Í ¡ ~\ ;.:>. íS>. CORNER Of ''\ \~ ~ PARCEL 3, I ß rr/¿ '\ '\ '\ ~~7!¿¿38451: ~\þ-,? ~ -t '\ '\ N12°28'21"E/ / \ ,0 \ 0«., 84.32' I I _ ~~~ ~ . l \ PROPOSED ~4';~'\ 'I! EXISTING S.D.G.&£..). >- 20.00' WIDE ~'ò ¿;, ~SEMENT REC.-Z>"X 't.. PERMANENT 8-08-1997 AS riLE EASEMENT NO. 1997-0380620 ~~ ~"-~'IC':J. \ APN:644-080-09 .¥~. II <'0 (Í"~~ ~ o>,,f{ hI '00· IT) R~ ~ ~ ~íl "- 4t/"{.ll I ,-,0-1 D \J)\ ~\þ-,? -{ (') Dr¿ \ \ D I I PARCEL 3 Of EXISTING SEWER EASEMENT TO THE CITY Of CHULA VISTA REC. 1-29-1997 AS OOC. NO. 1997-0038451 .~ NSOS1'30"E 8.43' \ Ó\ '" -v-\ ~6 ,---,0\ 4'.$ðo ·..x ~ 'ð' ~ ~ 0.J.>g?~ .('{. ~ §> ...... !:)' 'Ii ~\ \, APN:644-080-09 POINT OF' BEGINNING APN:644-090-04 GRAPHIC SCALE 200' O' 100' ~I 200' i J CaU/n.i. en,traU.. c..pom. 0ffIct: 710.942.5147 105 7NnI 51n~ fax 7IO.632.0IU _ CA ,m4 ....\J)t'! cce.~~ ~~'<p Cj1....,S61:, ",~",.; ..........<Oá '~~1/;;' (IT)~~ 1Q 'ó <i 0'; ~~~ t"~{<\ \ ,..- 200' CITY OF CHULA VISTA ~-ll PERMANENT EASEMENT ACQUISITION A.P.N. 644-090-04 & 644-080-09 POR. LOTS 6 & 7 PER MAP 862 Ho~VIr1opMtlt"'ddl\2S8~\PtI3E.,tptClt.\per"sewel"E."i\2589-4'[-N'Hft4409004-!.dtIg 04111/12 041S9034 PM Pt4 PDT . . Recording requested by and please return to: City Clerk City of ChuIa Vista P.O. Box 1087 ChuIa Vista, CA 91912 This instrument benefits City, only. No fee required > > APN(s) 644-090-04 & 644-080-09 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Otay Land Company, LLC, a Delaware Limited Liability Company hereby grants to the CITY OF CHULA VISTA, a nnmicipal 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: EXIDBIT 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. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. It is also understood that upon said tennination 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 an fences which now cross or which may hereafter cross the area and use a practical route or routes of ingress and egress thereto and thereftom. 8-7"2- . . 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 dep.osit tools, implements, and other materials on the area and to utilize construction, automotive, and other equipment thereon when necessary for the pwpose of exercising Grantee's rights hereunder. Signed this day of 20_ Grantor(s)' signature(s): Otay Land Company, LLC By: By: It's It'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 gouem7T!£ntal 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 offi~er. SUSAN BIGELOW, CITY CLERK By: Date: ?:;-73 . . EXHIBIT 'A' TEMPORARY EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT 6 AND 7 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POlNT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORTH 18°41 '58" WEST 2501,93 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, SAID POINT BEING ON A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 64°20'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°45'40", A DISTANCE OF 485.52 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54°34'20" EAST; THENCE NON-TANGENT TO SAID CURVE NORTH 52°28'21" EAST 263.41 FEET; THENCE NORTH 12°28'21" EAST 84.32 FEET; THENCE NORTH 28°45'39" WEST 305.02 FEET; THENCE NORTH 19°51'39" WEST 411.55 FEET; THENCE NORTH 58°18'57" WEST 303,70 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY 29, 1997 AS DOCUMENT NO. 1997-0038451 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT THEREON NORTH 05°51'30" EAST 8.43 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 3. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY BOUNDARY . OF SAID LOT 6, AND THE EASTERLY AND SOUTHERLY LINE OF SAID PARCEL 3. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. H:ILanddevelopmentVdd112589GRNDIDocumentslPh3EsmtL9Is\ T empConsIEsmtI2589-APN64409004.lgl- TCE.doc ~~ &~~ SHT. 1 OF 2 NO. BEARING DISTANCE LI S11'29'50"W 158.95' L2 S49"22' 40"[ 128.00' L3 N85'03'50"E 180.00' L4 N71'18'OÎE 75.00' L5 N29'39' 43"E 60.20' L6 N71'18'07"E 437.95' LOT ·4 "B" ~/;I2640.91' . EXHIBIT S71 '58'1S"W ~ / // 'l 'l ...;'/ APN:644-080-09 '/ ~ f LO-r 7 II II ~ CI> ~ g¡- " :E ~ 0> ~- "" '" =Ë. EXISTING SEWER EASEMENT TO THE CITY OF CHUtA VISTA REC. 1-29-1997 AS DOC. NO. 1997 -0038451 ~ ~ ~ \~SEE SHEET 2 J j--Ý NOTES: 1. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET &: HIGHWAY EASEMENTS. 3. EXISTING EASEMENTS TO THE KIMBALL- BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 4. EXISTING EASEMENT TO OTAY WATER DISTRICT REC. 11-02-1992 AS DOC. NO. 1992-0699337 OF OFFICIAL RECORDS. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. 5. RIGHTS AND EASEMENT FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER PORTIONS OF THE LAND SHOWN HEREON LYING BENEATH THE WATERS OF THE OTAY RIVER NOTED IN PRELIMINARY TITLE REPORT ORDER NO. 203071492 DATED 10-10-2001. 6. SEE SHEET 2 FOR LINE TABLE. - ..." N~ 1120.92' l L2 L3 L4 '" ~ ..z 'i IT'I MAP C") c)r) dOL. Lo-r 5 LO-r 6 to> ~ 8:. APN:644-090-04 4488.62' S71'22'SS"W LEGEND: EXISTING PROPERTY LINE, EXCLUDES U.F. UJ. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET &: HIGHWAY EASEMENTS S.F. SQUARE FEET PROPOSED PERMANENT EASEMENT PER SEPARATE DOCUMENT V I I I I I II PROPOSED TEMPORARY EASEMENT CD 100' FOOT WIDE STRIP DESCRIBED AS EXHIBIT "A· IN DEED TO SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY REC. 6-12-1912 IN BK.S7D, PG. 113 OF DEEDS. OWNED IN FEE BY THE CITY OF SAN DIEGO. 4-/1, (:0'2-- DATE CITY OF CHULA VISTA GRAPHIC SCALE 1000' 0' 500' ~_~ I 'if -15 1000' I TEMPORARY EASEMENT ACQUISITION A.P.N. 644-090-04 & 644-080-09 POR. LOTS 6 & 7 PER MAP 862 j I:.(I/ual& cU"flr"". Corpora1. Offkr. 760.942,5147 &05 Thfrd Strnl Fax 760.632.QI64 £ncInltos. C.4. 92024 1'= 1000' I1o\Londd.vel,Of'I'I...rt"dd1\2'5lt9GRHD'dwgV'l'ŒlA\tPto.tS\T.....,co..stESI'It\2!589-TŒ-APN''"0900.-I,dwg 04/U/02 03053<26 PM PM PDr . . EXHIBIT "B" SHT. 2 OF 2 EASEMENTS AREA TABLE PROPOSED TEMPORARY · 37,078 S.r. EASEMENT PROPOSEO PERMANENT 37,078 S.F. EASEMENT LARGER PARCEL AREA TABLE REMAINOER (EXCLUOES UJ. « PROPOSED PERMANENT EASEMENT 438.03 ACRES oRIGINAL EXCLUDES UJ, 438.88 ACRES · INDICATES AREA OF PROPOSED TEMPORARY EASEMENT DOES NOT INCLUDE PROPOSED PERMANENT EASEMENT AREA. 0\ -I '-' í) \ ~\]\í I ß?/¿ \ \ PARCEL 3 OF EXISTING SEWER EASEMENT TO THE CITY OF CHULA VISTA REC. 1-29-1997 AS DOC. NO. 1997-0038451 ~ \ "'0 lJ' oÞ, \ \ ~ . ~ \ \ !> .> 'lJ' \ \.1', '6 ~ ~ (1 ~ -0 9: ~ -1-.~ v'c tS'o V :r~ íJ'V' ~ '0 v'c SOUTHEAST "', i!>;. CORNER OF I PARCEL 3, / DOC. NO. I 1997 -0038451/ N12°28'21 HE I I 84.32' / I PROPOSED 20.00' I I WIDE PERMANENT \ \ EASEMENT PER EXISTING S.D.G.!cE. ~ .>--SEPARATE DOCUMENT \/!ÆSEMENT REC...LY~ "t 8-08-1997 AS FILE NO. 1997-0380620 PRO >.. '\~ \ POSED 40,00 ~ "~'!t'':J. . ~ WIDE TEMPORARY <Ciao, (:9}.~~ EASEMENT "0 " '00' \ I I PRoPOSED 20.00' WIDE PERMANENT EASEMENT PER SEPARATE DOCUMENT PROPOSED 40.00' WIDE TEMPORARY EASEMENT 'D'ò? "" ~ \, -I '\ '\ .~ . <t- '\ n'ò .\ o .. Þt" ",<:>'1- <ö";r ' : ~j\ ]\? '-' c)\ APN:644-080-09 \ Ó\ ~ -\1.\ ~6 ,-,0\ \ ~ .ÿ APN: ~6'o, 644-080-09 J'GJ' ~$.>. "0,' Ip ~ ..¥~.. ~ 0" ,J{ o ¥ 10' fJ~:? vI! q " WESTERLY BOUNDARY LOT 6, MAP 862 POINT OF BEGINNING j C.III"." en,,,,I,,a Corporal. Office: 760.9,u.sU7 605 ThIn! Slntl Fa< 760.13tOI6~ Enclnfta.. C.\ 9!OZ~ ,-,0-\ D ~ GRAPHIC SCALE 200' 0' 100' 200 r-..~ I I APN:644-090-04 'II!'" .-:~~-z. ~~'''' ~,.s6'~o<. ~d 0 " O. ( > ~-.!': "Q '~~~'J; Or)' ~'t iQ'ó~~ ~:~.~ "':>~i<' \ ?f-7b 1-= o' CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P .N. 644-090-04 & 644-080-09 POR. LOTS 6 & 7 PER MAP 862 Ho\L~"eIOP"~nt\lddL~9GRND""..gV'h3Esr,.tpIQ:ts\Tft'lPConst[!I"1;\2'B9-Tct-APN6440')004--e._; 04/1VØ2 04059052 PH PH PDT 215' EXHIBIT .'A' LEGAL DESCRIPTION ALL THAT PORTION OF LOT 6 AND 7 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF 1HE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, DESCRIBED AS FOLLOWS: . PARCEL 1: A PERMANENT EASEMENT INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF mE FOLLOWING DESCRIBED CENTERliNE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORm 18°41'58" WEST 25æ.26'FEET FROM THE SOUIHWEST CORNER OF SAID LOT, SAID POINT BEING ALONG A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 64°17'53" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°43'33", A DISTANCE OF 483.77 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54°34'20" EAST; THENCE NON-TANGENT TO SAID CURVE NORm 52°13'31" EAST 231.91 FEET; THENCE NORm 25°58'42" EAST 81.37 FEET; THENCE NOR1H 15°53'20" WEST 91.69 FEET; THENCE NORm 28°45'39" WEST 235.89 FEET; THENCE NOR1H 19°51 '39" WEST 411.55 FEET; THENCE NORm 58°35'21" WEST 301.73 FEET TO THE EASTERLY UNE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO THE CITY OF CHUlA VISTA, RECORDED JANUARY 29, 1997 AS .DOCUMENT NO. 1997-0038451 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT THEREON NOR1H 05°51'30" EAST 5.84 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 3. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED SO AS TO CREATE A CONTINUOUS STRIP OF LAND 20.00 FEET IN WIDm, AND TO TERMINATE AT TIŒ WESTERLY BOUNDARY OF SAID LOT 6, AND THE EASTERLY AND SOUTHERLY UNE OF SAID PARCEL 3. PARCEL 2: . A TEMPORARY EASEMENT INCLUDED WIT1ßN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 6, DISTANT THEREON NORm 18°41'58" WEST 25æ.26 FEET FROM THE SOUIHWEST CORNER OF SAID LOT, SAID POINT BEING ALONG A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH WI7'53" EAST; TIŒNCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9"43'33", A DISTANCE OF 483.77 FEET, A RADIAL FROM SAID POINT BEARS SOUTH 54°34'20" EAST; THENCE NONcTANGENT TO SAID CURVE NORm 52°13'31" EAST 231.91 . FEET; THENCE NORm 25°58'42" EAST 81.37 fEET; "THENCE NORm 15°53'20" WEST 91.69 FEET; THENCE NORm 28°45'39" WEST 235.89 FEET; THENCE NORm 19°51'39" WEST 411.55 FEET; 1HENCE NORm 58°35'21" WEST 301.73 FEET TO mE EASTERLY LINE OF PARCEL 3 AS DESCRIBED IN EASEMENT DEED TO mE CITY OF CHUlA VISTA, RECORDED JANUARY H:'LanddevelcpmentVddl12589GRNDlDocumentsIPh3EsmtLgls12589-APN644IJ9OO4-Igf,doc Q2II9JfJ2 2 - 77 216 29, 1997 AS DOCUMENT NO. 1997cOO38451 OF OFFICIAL RECORDS OF SAID COUNTY, DISTANT THEREON NORTIl 05°51 '30" EAST 5.84 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 3. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED SO AS TO CREATE A CONTINUOUS STRIP 'OF LAND 40.00 FEET IN WIDTH, AND TO TERMINATE AT THE WESTERLY BOUNDARY OF SAID LOT 6, AND TIIE EAS~Y AND SOUTHERLY LINE OF SAID PARCEL 3. . SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY TIllS REFERENCE. 12-31-2002 ~ 1-Þu'\'D ~ ~C;,~ (¡~ ~ I "ì~'òO.E},,~ ~~ ~ II U ~ 'I' "..L ,I...... ..;þ + 0, ¡I! -..:; /:::; "t... -...: \\, I l' -- \;;;.;\ ·1'*' i*'; .. ! . ./ ¡\ # \ Pl.:.:S ~O. 6336 :....... /; ,\ ':.;; ". - I·, '31'0'>' .. ',' \\ ...; ,:.:..s:p -/ ; - í :;-... if '''-"7' ,'''7il "'.' /, .... / ~ /i '" /,. -__ ./.....C// . --~-// "',,,-01' C~?'·· .._~-~ ~ H:'l.anddevelopmen/VddI\2589GRND\DocUmetItS!Ph3EsmtLgls\251J9-APN64409IJ04./gl.doc 02l19t!J2 Z - ,51 EXISTING SEWER EASEWENT TO THE CITY OF CHULA VISTA ~ 1-29-1997 ÞS DOC. NO. ::::--- 1997-0038451 LOr j4 PARCEl. 1a: 2 SEE SHEET 2 EXISTING PROPERTY UNE, EXCWDES U.F. , U.F. UNDERlYING FEE, INClUDES ~'" EXISTING ROAD. STREET II: HIGHWAY ßSEl ENTS ~ s.r. SQUARE FEET 1iI~ PROPOSB> PERIIANOO £ASEJ OO V I I I I I II PROPOSB> mFORARY £ASEJ OO . tþ;\ 100' FOOT WIDE STRIP DESCRIBED. ÞS \V EXHIBIT "A" IN DEED TO ·SO\1TllERN CALlf'ORNIA 1oI0000AIN WATER COIolPANY REC. IH2-1912 IN BK.570, PG. 113 or DEEDS. OWNED IN FEE BY THE CITY or SAN DIEGO. LEGEND: .1 C.U .nis C'u,.uu.. CarpnIo 0flIcc ~147 IœThlnl_ r,,7iO.1I32.OI~ End*s. CA _ LOT i5 EXHIBIT ttBtt 217 sm. 1 OF 2 NOTES: 1. All DIIoIENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. 2. EXIS11NG PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCLUDE ROAD, STREET II: HIGHWAY EASEWENTS. 3. EXISTING EASEWÐm TO THE Kfl 9ALl BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 OF DEEDS. EXACT LOCATION CANNOT BE . DET'ERYINED FROM RECORO. .. EXISTING EASEWENT TO OTAY WATER DISTRICT REC. 11-02-1992 ÞS DOC. HO. 1992-0699337 or OFFICIAl RECORDS. EXACT LOCATION CANNOT BE DETERIotINED FROII RECORD.' . . 5. RIGHTS AND EASEWDIT FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER PORTIONS OF THE lAND SHOWN HEREON LYING BENEATH THE WATERS or THE OTAY RIVER NOTED IN PREUIoIINARY TITLE REPORT ORDER NO. 203071492 DATED 10-10-2001. 6. SEE SHEET 2 FOR LINE TABLE. If S71'58'15"W ",'¿'2640.91' ~ z ëD :!: APN.:6«-o80-09 ~ ..:. N 1 ¡i ~ Lor -4 E ~ II \\ J ~~ ¡,¡ £: "':. ~ 1120.92' '-.. L 12 MAP !!! a ~ 862 LOT .LOT 5 6 APN:6«--090-04 ~ 81 S71'22'55"W 4488.62' CITY OF CHULA VISTA SEWER EASEMENT ACQUISITION A.P.N. 6«-090-04 & 644-080-09 POR. LOTS 6 & 7 PER MAP 862 œ, AI'M&.109IXIfo-ot.dwg I2f1.4I02 G8>4OCD AM AM I"$T 1000' 1 1". 1000' I I I. I I I E r o II, ~ Ii E I I ~. ¡ I: I :, IF.·.·.. ~ LARGER PARCEL AREA TABLE REIiAINDER (EXCWDES u.r. a: PROPOS£D PERWANEHT £ASEIÆNT 438.04 ACRES 2 EXHffiIT "B" SET. 2 OF 2 ORIGINAL EXClUDES U.F. 438.88 ACRES NO. BEARING L1 S11°29'50'"W L2 549°22' .woE L3 N85'03'50oE L4 N71°1S'07"E L5 N29°39' 43"E L6 N71"18'07" DISTANCE 158.95' 128.00' '180.00' 75.00' 60.20' 437.95' EASEMENTS AREA TABLE I'KOPOSfJ) PERIIANEHT PARŒ1. NO. £ASE oo;. 1 36186 5.r. PROf'OSB) ffiIPORAR'( PARŒ1. NO. £ASE EHT 2 · 186 SF. · INDICATES AR£A OF PROPOSED lEIIPORARY £ASEl/ENT DOES NOT INCLUDE PROPOSED PERMANENT EASEWENT ,\REA. 1 \ 0\, I !.-'. " ß\)1. à I' ~\f\í " EXISTING SEWER EASEWENT TO THE CITY OF CHULA VISTA REC. 1-29-1991 AS ~ NO. 1991-0038451 SOUTHEAST CORNER, DOC. NO. 1991-003845 \ 0\ !.-' A..1-\ ~6 \.0 \.0\ D POINT Of' BEGINNING PARCELS 1 Be 2 APN:644-1J9O-04 'Il!~' b~~~ .~ ~~~ dr'~·, d'~'( I..., ,,;>0-., .~~~~ (-i']'~~ 1óC).~~ ~~~ '?1\~ \ 1;0 GRAPHIC SCALE 100' . . I t CITY OF CHULA VISTA SEWER EASEMENT ACQUISITION A.P .N. 644-090';'04 ð: 644-080-09 POR. LOTS 6 & 7 PER MAP 862 J ~'Btnah l:u,,,.Uu ÇarporoIoOlftcoc ~IQ l1li5 1bH SIno! r. 1IQ.I32.1I164 £ndoIIos, CA I2DZ4 . 8-FiJ ~' ak CBI fJf1fI(.IIG9IG11!.Ä4 œn4lœ 0847'G8 AM M nr D. UNITED ENTERPRISES PROPOSED EXHIBIT "A" EASEMENT DESCRIPTIONS AND EXmBIT "B" RIGHT-OF-WAY PLATS 3'-'6/ KEAGY REAl ESTATE 219 . . . 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 ani .... APN(s) 644-060-06 C,V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, United Enterprises, LTD, a California Limited Liability 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, under and across that certain real property situated in said City of Chula Vista, 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. 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_ United Enterprises, LTD BY: BY: It's It's (Notary Acknowledgment Required for Each Signatory) g-~2- . . 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: 8-ð'3 EXHIBIT 'A' PERMANENT EASEMENT LEGAL DESCRIPTION :~'~~\. 220 ALL THAT PORTION OF LOT 37 OF OTAY RANCHO, IN TIIE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDn{q TO MAP TIIEREOF NO. 862, FILED IN TIIE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF OFFICIAL RECORDS OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF TIlE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTHWESTERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, DISTANT TIlEREON NORTH 27"56'54" EAST 233.51 FEET FROM TIIE MOST WESTERLY CORNER OF SAID LAND; TIIENCE SOUTH 53°17'13" EAST 489.53 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LAND, SAID POINT BEING DISTANT THEREON SOUTH 80"14'08" EAST 509.24 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND. TIIE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO, MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE SOUTIIERLY AND TIlE NORTHWESTERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2,1997 AS DOCUMENT NO. 1997-0205421. SEE EXIDBIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. .3 'Zß 07- O. YERMAN DATE .633 EXPIRES 12-31-2002 ~~ 11f:;~,//;O~E}'Æ' ~,~~ 1,<:" ~ ~'.L ' ...... "'* 'Y 0' il...:}/~ ~ ?:J\\ 1/*( )*'\ II rf.' Pt_~ 1'0. 633~ / .. i/ '~:~~~xP 12/31/01,,;~"".f" ,'/, " . ;:¡,. '~(' .........---/ <ì() , "~~r' H:'Landdeve/opmel1Ndd1\2589GRND'lJocuments'Ph3EsmtLglslJ'errnSewetEsmtl2589-APN644OO106-IgI-PE.doc 03l27AJ2 ~ ~ 'i?'f EXHmIT "B" 221 SET. 1 OF 2 --< s1 \ 0 \ !.-' 01 Þ. ,{ S86°,3'¡"30"E f 338.97' APN:6#-060-06 DOC. NO. 1997-0205421 N\Þ.? rr/ð~ ¿SEE SI£Ef 2 ~ ~ Hao°14'os-w 3002. 71' ~6 \.,01 \ 01 \ \ !.-'N6 ; J C,U/uah C'n,.nth. . I:orporato 0Iftc0: 781.J42.5147 1115 _ _ Fax 78IW2.0164 _1:4_ GRAPHIC SCAlE 500' (f 250' ~~ I. 1"= 500' 500' I 'i? -15~ CITY OF. CHULA VISTA PERWANENT EASEMENT ACQUISITION A.P .N. 644-060-06 POR. LOTS 34, 35, 36 ~ 37 PER J.W> NO. 862 ,,~~~~M"l1E110501X1.AIIIg I131E7IV2 IeSld6PMI'ST EXHmIT "B" SHT. 2 OF2 . APN:6«-060-o6 NORTHWESTERLY BOUNDARY, DOC. NO. 1997-0205421 ... ~ ;¡. n¡ .'<1 .tit ¡:,,~ ~ WESTERLY CORNER, DOC. NO. 1997-0205421 ·;z~·~ PROPOSE-D 20.00' WIDE "-"~~.:'.~-!....,- ~~::~, PERt.tANENT EASEMENT i~~~~~ c. .r~. . "-;:.' ~"':':'~ :vJ'o ".. . '~¡¡." 7,,>, '.,~~~~. . }'.t. .~~;~ ~.~ .-!4'. ~:;i"~ ~ ' X'~,:i~ ~6J.. CC ~., ~~" (:). '"~;~ .,,<1,; .'i1.::>:_";":"_ ~'"'' ~/ "';t\Ç~~~ \ 0-"\' /'<.'i~<;"'~ ' y '" - ",,,,,- . ~;;;'3'~ "..:~~ "~;~ .:;~~~.~.,~ ..": SOUTHERLY BOUNDARY, DOC. NO. 1997-0205421 ?:/ð ~ ~J\? S80·'~'08"" "^'" " vv:t.2~· EASEMENTS AREA TABlE PROI'QS[I) PERIIANEIIT 9,791 $I. EASEIIEIIT NOTES: 1. AU. DIIIENSIONS SHOWN HEREON ARE COIotPllLD FROM RECORD DATA. 2. EXIsnNG PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXCL¡JDE ROAD, STREET a: HIGHWAY £ASEIoIENTS. 3. EXISTING EASOIENT TO THE PACIFIC TELEPHONE a: TElLGRAPII CO. REC. 3-13-1911 IN BK. 519, PC. 169 OF DEEDS. FAlLS WITHIN LOT 35, IW' 862. EXACT LOCATION CANNOT BE DETERYINED FROM RECORD. 4. EXISTING ACCESS EASEJlENT RESERVED IN FIlL NO. 88-567316 REC. 11-.\.-1988 OF OFFICIAL RECORDS. FAlLS WITHIN lDTS 25. 26, 35, 36, 'g a: .\.3, IW" 862. EXACT LOCATION CANNOT DE DETERIIINED FROM RECORD. 5. AN UNRECORDED PUBUC HIGHY/AY AS MENTIONED IN BK. 653. PC. 22 REC. 5-1-1914 OF DEEDS. EXACT LOCATION CANNOT BE DETERIIINED FROt.I RECORD. 6. EXISIDIG EASOIENT TO PACIFIC BElL REC. 9-21-2001 AS AlL NO. 2001-679666 OF OFFICIAL RECORDS. EXACT LOCATION CANNOT BE DETERt.lINED FROM RECORD. LEGEND: œIGINAL EXCLUDES US. 136.~ ACRES lARGER PARCEL AREA TABLE REI(AlNDER (EXCLUDES us. a: PROPOSED PERIIANEIIT 136.25 ACRES EXISTING PROPERTY UNE, EXCUJDES U.F. . US. UNDERLYING FEE, INCLUDES EXISTING ROAD, STREET 6: HIGHWAY EASEIIENTS SS. SQUARE FEET hv'·,....:¡,,·, PROPOSED PERIMNENT [ASEJ OO j C.U/".h Cn,.,.un CarJ!'I"It 01Iloo: J1II.JWI47 1Q5111n1_ r"JII .&32JIIU . £ncInIIas, CA 9211Z4 1-0 SO' CITY OF CHULA. VISTA PERMANENT EASEMENT ACQUISITION Ä.P.N. 644-060-06 POR. LOTS 34, 35, 36· &: 37 PER t.tAP NO. 862 ~\25t9IiRII)\dIf\Ph3£..-tP\Q~ 1U't (111601K eMg G3I26Iœ: 0401' PM m ','. . . Recording requested by and please return to: City Clerk City of ChuIa Vista P.O. Box 1081 ChuIa Vista, CA 91912 This instrument benefits City, only. No fee required > or Recorder's use, onl > APN(s) 644-060-06 C.V. File No. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, United Enterprises, a California Limited Liability Partnership 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 ChuIa Vista and more particularly described as follows: SEE ATTACHED: EXJßBIT A FOR LEGAL DESCRIPTION EXJßBIT 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. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend heyond December 31, 2004. 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. '8..87 . . Grantee shall have the right to Ìrim, 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. Signed this day of 20_ Grantor(s)' signature(s): United Enterprises, LTD By: By: It's It's (Notary Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of Clu.tla Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Clu.tla Vista City Council pursuant to autlwrity 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: 8-<6g 223 . EXHIBIT 'A' TEMPORARY EASEMENT LEGAL DESCRIPTION ALL TIIAT PORTION OF LOT 37 OF OTAY RANCHO, IN THE,CITY OF CHUlA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, DESCRIBED IN QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421 OF OFFICIAL RECORDS OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE .. OF THE FOLLOWING DESCRIBED CENTERUNE: . BEGINNING AT A POINT ON THE NORTIlWESTERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, DISTANT THEREON NORTIl 27"56'54" EAST 233.51 FEET FROM THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 53°17'13" EAST 489.53 FEET TO A POINT ON THE SOUTIIERLY BOUNDARY OF SAID LAND, SAID POINT BEING DISTANT THEREON SOUTH 80"14'08" EAST 509.24 FEET FROM TIlE MOST WESTERLY CORNER OF SAID LAND. THE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO-MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE sotrrHERLY AND THE NORTIIWESTERLY BOUNDARY OF LAND DESCRIBED IN SAID QUITCLAIM DEED TO UNITED ENTERPRISES, LTD, RECORDED MAY 2, 1997 AS DOCUMENT NO. 1997-0205421. .. SEE EXIDBIT "B" ATIACHE,D HERETO AND MADE A PART HEREOF BY TIllS REFERENCE. 2S D"Z- EYERMAN DATE .S.63 6 EXPIRES 12-31-2002 "S) \..'\''fD S ~.v (¡Ii> ø ",o.EY<õ, ~ ~ o .,,<i- 'I'~\ ~\\ ,...... ~ - 0 \ ¡/...,,~ <z.\~\\ 1*(. )*\1 II <f'.' PI.S KO. 6336 I '<: 1/ ~ ~ \ Exp. 12/31 IOY ~ ~~ .' O+/j ~C~ 2' -i '1 H:'LanddevolopmenfVdd112589GRNDIDocumen!sV'h3Esmt1.g/S\TempConsIE.smf\2N644(}6OO&Igf-TŒdoc 03127102 ' ~ N80"'4-'08"W 3062.7" rJS2> \.Oi V \ Oi \ \ '--'b/ó EXHIBIT. "B" 586"3.f.'30"£ 1338.97' rSf \ Oi '--' Oi ~ ,{ APN:6«-06D-OS DOC. NO. 1997-0205421 , ,/ SI!ŒT' ~ J c.UI.~.h hr,."Uu CorparaIo 0f1Ic0: 7IO.9C.5141 IG5 1bInI _ rax m.&3U164 EndaIIax, CA_4 GRAPHIC SCALE 500' 0' 250' 500' ~11 '·c 500" 8-1 V \.Oi >-\r.\,\O ~}\\'\ J r¿:/ð r¿ ~\}\? 2 SHT. 1 OF 2 CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P .N. 644-060-06 POR. LOTS 34; 35, 36 &: 37. PER MAP NO. 862 "'~~'''t«MtP'tG:ts\T~1CE /lPt1ll:11t11'11O(:L*g 031!7.1112 Iæi508 PM m I I I I I I I [ [ r [, [' ( Ii. . I 11". -.' I F..·..' It F..···· ~ POINT Of' BEGINNING WESTERLY CORNER, DOC. NO. 1997-0205-421 ?/ò~ ~\J\? EASEMENTS AREA TABLE PI!OPOSED rotPORARY · 9,79r S.F. EASEIIEHT PROPOSED PERIotAIIENT 9,791 S.F. £A5EIIEIIT . INDICATES AREA OF PROPOSED .. TEllPORARY EASEWENT DOES NOT INClUDE PROPOSED PERllANOO EAS£I OO AREA. LARGER PARCEL AREA TABlE REIíAINDER (EXCLUDES UJ. t PROPOSED PERIIANÐIT EASEN 136.25 ACRES J. C.Ufuah Cu,,,..h. toIpondo Offto:c JSl,J42.5IQ 1115 1IIrd SINo! ... 1IU32.01U rndoIIas. c.\92œ4 225 EXHmIT "B" sm. 2 OF 2 APN:6«-060-D6 PROPOSED- 20.00' WIDE PERWANENT EAS£I OO PER SEPARATE DOCIJl,lOO PROPOSED 40,00' WIDE IDCPORARY EASEMENT SOUTHERLY BOUNDARY, DOC. NO. 1997-0205421 c? R)' "If . 00 O' ~ ;\ '6"/ \..0 SBo"1 ~ '""",- ""^ oov '" """.2~' NOTES: 1. All DlIlENSIONS SHOWN HEREON ÁRE COIIPllED FROII RECORD DATA. 2. EXISTING PROPERTY BOUNDARIES AND AREAS SHOWN HEREON EXClUDE RDAD, STREET t HIGHWAY EAS£I OOS. . 3. EXISTING EASEIIENT TO THE PACIFIC TEI.£PHONE t TElEGRAPH CO. REC. 3-13-1911 IN BK. 519, PG. 169 or DEEDS. FAlLS WITHIN LOT 35, IoIAP 862. EXACT LOCATION CANNOT BE DETERIIINED FROII RECORD. ' 4. EXISTING ACCESS EAS£I OO RESERVED IN RLE NO. 88-567316 REC. 11-4-1988 or OFFICIAl RECORDS. FAlLS WITHIN LOTS· 25, 26. 35, 36. 37 a: 43, IoIAP 862. EXACT LOCATION CANNOT \IE DETERIIINED FROII RECORD. 5. AN UNRECORDED PUBUC HIGHWAY AS MENTIONED IN BK. 653, PG. 22 REC. 5-1-1914 Of' DEEDS. EXACT LOCATION CANNOT BE DETERIIINED FROII RECORD. 6. EXISTING EASEIIENT TO PACIFIC Bn.I.. REC. 9-21-2001 AS FJI.£ NO. 2DOI-679666 OF OFFICIAl RECORDS. EXACT LOCATION CANNOT BE DETERIIINED FROII RECORD. LEGEND: EXISTING PROPERTY UNE, . EXCLUDES U.f'. . U.F. UNDERlYING FEE, INCLUDES EXISTING ROAD, STREET t HIGHWAY EASEJ.IENTS SJ. ' SQUARE FEET p;,.",.;<,.,.,,,,. ,'I PROPOSED PERWANENT EASEIIENT PER SEPARATE DOCUWOO ~ / /./ / / /1 PROPOSED TEIoIPORARY EASEIIEHT GRAPHIC SCALE 80' cI 4cI 80' ~\I 1"" 80' ~ -Cj I CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISITION A.P.N. 644":060-06 POR. LOTS 34. 35. 3S &: 37 PER MAP NO. 862 ~'Ph3E_tP'II:ts\.T~iŒ H'l1&.110E_ I!.dwQ I3IZ6ID2 I4004e1 PM PST _.~----_.~-'----_..-.------- ; '! ..., E. JEWELS OF CHARITY PROPOSED EXHIBIT "A" EASEMENT DESCRIPTIONS AND EXHlBIT"B" RIGHT-OF-WAY PLATS ,: ·8-92.. KEAGY REAL £STAÆ 226 . Recording Requested by and Please Return to: . City Clerk City of Chula Vistá P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits Ciiy Only. No Fee Required. .... This S. ace or Recorder's Use Onl ... APN(s) 644-090-03 C.V. File No. EASEMENT FOR SEWER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jewels of Charity, Incorporated, a New Jersey Corporation 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, under and across that certain real property situated in said City of Chula Vista, 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. 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_ Jewels of Charity, Inc. BY: BY: Ws ~ (Notary Acknowledgment Required for Each Signatory) 8-13 . . 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: 8-04- ..-...-.~.._..- . 227 EXHIBIT 'A' : PERMANENT EASEMENT LEGAL DESCRIPTION : ALL THAT PORTION OF LOT 15 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINÇJ TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDED WITHIN A SlRIP OF LAND, 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERlJNE: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 15, DISTANT THEREON NORTH 18°41'17" WEST 2072.77 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 79"00'59" EAST 448.02 FEET; THENCE NORTH 75°39'09" EAST 599.98 FEET; THENCE NORTH 76°43'11" EAST 317.30 FEET; THENCE NORTH 60°00'14" EAST 38.94 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORrnWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 15°56'17", A DISTANCE OF 319.89 FEET; THENCE NORlH 44°03'57" EAST 73.10 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL OF 10"36'01", A DISTANCE OF 212.76 FEET; lHENCE NORTH 54°39'58" EAST 78.m FEET TO THE BEGINNING OF A 2999.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°59'56", A DISTANCE OF 366.45 FEET; THENCE NORTH 61°39'54" EAST 51.62 FEET; . THENCE NORTH 38°45'29" EAST 82.90 FEET; THENCE NORlH 15°51'05" EAST 179.68 FEET TO THE BEGINNING OF A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 65°08'36" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0"48'36", A DISTANCE OF 40.29 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 15, SAID POINT BEING DISTANT THEREON NORTH 18°41'58" WEST 2501.93 FEET FROM THE SOUTHEAST CORNER OF SAID LOT. THE SIDELINES OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT THE WESTERLY AND EASTERLY BOUNDARY OF SAID LOT 15. SEE EXHIBIT "B" ATIACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. 'iSLì5 H:Y..anddevelopmentVddll2589GRND'Documenli'Pt1JEsmILglslJ'ermSewerEsmt589-APN6440OOIJ3.Igl-PE.doc 03/27t1J2 EXHIBIT "B" EASEMENTS AREA TABLE PROPOSED PERIIANOO 56,180 s.r. EASEJ OO 228 SHT. 1 OF 2 LARGER PARCEL AREA ABLE REMAINDER (EXCLUDES. U.F. tPROPOSED PERMANOO EASEJ -485.55 ACRES ORIGINAl EXa.uDES U.F. 486.84 ACRES NOTES: 1. ALL DIWENSIONS SHOWN HEREON ARE COIolPILED FROM RECORD DATA. . 2. ALL AREAS SHOWN HEREON EXCWDE ROAD, STREET t HIGHWAY EASEWENTS. 3. EXISTING EASEIoIENT TO THE KIWBALl BROTHERS WATER CO. REC. 10-1<4-1869 IN BK. 7. PG. 12<4 or DEEDS. EXACT LOCATION CANNOT BE DETERIoIINED FROIoI RECORD. \ \..0"\ -\I; \ 0"\ !.o' -\D J CaU/,,.h ,,,,.nU.. Ço¡poraII Offtco: -.s147 &05 _ _ . Fax 7111.132.J11" -. CA _4 --- 1 GRAPHIC SCALE 2000' rt 1000' 2000' ~ J I <6 -'1& ,.. 2000' LEGEND: UJ. EXISTING PROPERTY UNE, EXCUJDES u.r. UNDERlYING FEE, INCWDES EXISTING ROAD, STREET t HIGHWAY EASEWENTS SQUARE FEET 100' WIDE STRIP· DESCRIBED AS EXHIBIT . A' IN DEED TO SOUTHERN CAUFORNIA IoIOUNTAIN WATER COWPANY REC. 6-2<4-1912 IN BK. 570, PG. 113 of DEEDS. OWNED IN FEE BY THE CITY ,OF SAN DIEGO. 5.r. ® D CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISITION A.P.N. 644-090-03 POR. LOT 15 .PER MAP 862 ij,\L-.4oto..11 F I.Nddl~\f'h3EsfriPIG.ts~~ 13127102 Ge37G6 PM PST ?01'2.;r1 'ß°lr\'\~ ~€.~~--- ~ ~~ f>J'~? S(jj~ \~ ~~ WESttRLy \.Oi BOUNDARY LOT 15, ,YAP 862 EXHIBIT "B" f. .4J/ /~/ O&/~ ~/o!S riJ/ N60000'14"E 38.94' '6 ~ ?- ~ <" -<I q, ~ ~\}\? ~O"\ \~PROPOSED 0' \';v 20000' WIDE ':b \\ PERMANENT 'cø \'~ cø. 'X\ EASEMENT -\6 ~~ GRAPHIC SCALE 200' 0' 100' 200' ~j I 1". 200' <Z -e¡ 7 J "U/na" Cu,.nUn I:arponIIt 0Iflcc 7111.JQ.5IC IIII5ThlrdSlnol r..7SI.I32.II1U _CAI2IIl. 229 SHT. 2 OF 2 -\6 \ 0"\ èr) !.--' ßOt.. ~\}\? APN:6«-090-03 od !1-0· - PROPOSED " 20.00' WIDE ~~ ~ PERt.tANENT <",\ ~i, ~ EASEMENT -æiø.9''' ~ if ¡p~ ~:~ . , NS4°39'SS-E '&."" 78.07' ~ ~~ 'ó. <. ". .~- ~"'r."'" {;> ~.p 0".. ~.~p. ,. N44°03'S7"E 73.10' LEGEND: ~¡C::¡¡~"?!I>",,:I PROPOSED PERIoIANENT EASEIoIENT CITY OF CHULA VISTA PERMANENT EASEMENT ACQUISmON A.P.N. 644-090-03 . POR. LOT 16 PER IdAP 862 1t~~\Ph3EMtAA~ APlIS11Q91111D-2.dwg I3I27IR 13GN5....PSt' " . . Recording requested by and please return to: City Clerk City of ChuIa Vista P.O. Box 1087 ChuIa Vista, CA 91912 This instrument benefits City, only. No fee required APN(s) 644-090-03 C.V. File No. or Recorder's use, onI > > TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jewels of Charity, Incorporated, a New Jersey Corporation 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 ChuIa 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. Said Temporary Construction and Access Easement shall have a duration of one year from the date of the start of physical construction within said Easement area. In no event shall said Temporary Construction and Access Easement extend beyond December 31, 2004. 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. ~_Cß . . Grantee shaH have the right to trim, cut and/or remove trees, foliage and roots upon and rrom 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. Signed this day of 20_ Grantor(s)' signature(s): Jewels of Charity Inc. By: By: It's It'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: ~ -C)~ 230 EXlIIBIT 'A' TEMPORARY EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF LOT IS OF OTAY RANCHO, IN mE CITY OF CHULA VISTA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINÇ1 TO MAP THEREOF NO. 862: FILED IN mE OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, INCLUDEDJWITIßN A STRIP OF LAND, 40.00 FEET WIDE, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON TIlE WESTERLY BOUNDARY OF SAID LOT IS, DISTANT THEREON NORTH 18°41'17" WEST 2072.77 FEET FROM THE SOUIHWEST CORNER OF SAID . LOT; TIlENCE NORlH 79"Œ'S9" EAST 448.02 FEET; THENCE NORTIl 75°39'09" EAST 599.98 FEET; THENCE NORTH 76°43'11" EAST 317.30 FEET; TIlENCE NORTH 60"00'14" EAST 38.94 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 15°56'17", A DISTANCE OF 319.89 FEET; TIlENCE NORlH 44"03'57" EAST 73.10 FEET TO THE BEGINNING OF A 1149.97 FOOT RADIUS CURVE, CONCAVE SOUTIIEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE TIfROUGH A CENTRAL OF 10"36'01", A DISTANCE OF 212.76 FEET; TIlENCE NORlH 54°39'58" EAST 78.fJ1 FEET TO THE BEGINNING OF A 2999.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CEN1RAL ANGLE OF 6°59'56", A DISTANCE OF 366.45 FEET; THENCE NORlH 61"39'54" EAST 51.62 FEET; THENCE NORTH 38°45'29" ~T 82.90 FEET; THENCE NORTH 15°51'05" EAST 179.68 FEET TO THE BEGINNING OF A NON-TANGENT 2849.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS SOUTII 65°08'36" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0"48'36", A DISTANCE OF 40.29 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT IS, SAID POINT BEING DISTANT THEREON NORTIl 18°41'58" WEST 2501.93 FEET FROM TIlE SOUTHEAST CORNER OF SAID LOT. ' TIlE SIDELINES OF SAID 40.00 FOOT STRIP TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS, AND TO TERMINATE AT TIlE WESTERLY AND EASTERLY BOUNDARY OF SAID LOT 15. - SEE EXHffiIT "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. '/ : ~-IOO H:'Lsnddevelopmentvdd112589GRND\DocumentslPh~\TempCa¡slEsmII25B9-APN64409OO3-/gI-TŒ.doc 03127102 . AREA TABLE REIotAIIIDER (EXCWDES UJ. ORJGIllAL t PROPOSED EXCWDES UJ. PERIIANEIIT £ASÐ ENT -486.84 ACRES .c85.55 AæES : J INDICATES AREA Of PROPOSED mtPORARY EASEIIENT DOES NOT INCLUDE PROPOSED PERMANENT NOTES: EASEMENT AREA. 1. All DIMENSIONS SHOWN HEREON ARE COW PIlED fROW RECORD DATA. 2. All AREAS SHOWN HEREON EXCLUDE ROAD, STREETt HIGHWAY EASEMENTS. 3. EXISTING EASEMENT TO THE KIMBAll BROTHERS WATER CO. REC. 10-14-1869 IN BK. 7, PG. 124 Of DEEDS. EXACT LOCATION CANNOT BE DETERMINED fROW RECORD. LEGEND: \ EXHmIT "B" EASEMENTS AREA TABlE- PROPOS£D 1EIIPORARY . · 56,180 S.f. EASEIIENT - PROPOS£D PERllAHENT 56,180 S.f. EASEWENT \ 0"1 !-' 'Vð ~ \ 0"\ ß r~ "" ~ è,.''( ~(' -\0 0\ Cl.V.!--' o \ ~ u \.. N\Þ5' i£ APN:6«-Q80-10 - 0"1 1 \.. --- \ 0"1 !-' -\1 \ 0"1 ~ '\D GRAPHIC SCALE 2000' 0' 1000' 2000' ~~ I' 2-IÐI J C.U/tnh C'n,,,.'h~ ÇarJ*'IIo _ ~147 1105__ F..7IO.I32.Ot14 £ncInIIas.CAI!II2A 1-. 2000' HI\L.o..dd...~~..L\IdcII~\PtI3£:sfttPIGts\T~\25It-tcE AM.1109a13 ~ Ul27Jœ 11!0535 PH PST . '¡Ii . 231 SHT. 1 OF2 U.f. EXISTING PROPERTY Uti£, EXClUDES U.f. . UNDERlYING fEE, INClUDES EXISTING ROAD, STREET t HIGHWAY EASEIoIENTS SQUARE fEET s.r. ø 100' WIDE STRIP DESCRIBED AS EXHIBIT 'A' IN DEÌD TO SOUTHERN CAUFORNIA WOUNTAIN WATER COMPANY REC. 6-24-1912 IN BK. 570, PG. 113 or DEEDS. OWNED IN fEE BY THE CITY Of SÞJI DIEGO. D '& zg '!Jz, DATE CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISmON A.P .N. 6«-090-03 POR. lOT 15 PER MAP 862 I' I I I " r f , > ' . , ! , . - ~ ' ~ .~ f', L n f-·-: ¡ 1,. [ p L , ¡ , \ , 'L ,. ¡ 1.: I I I. EXHIBIT "B" 232 SHT. 2 OF 2 ~~'" <: ~íS'~ \.-: :'-:r^"" ':9 ~,p ?. '~p. /. ·4Jr ~ .k/;:;-.. {¡/~ (ij/ N60·00'14-E 38.94' ,.-{' "\6 \ 0 \ ~rì y (') ßO.!-' ~J\~r APN:6«-09O-o3 N61·39'fj4-E 51;62' -z. " c.l " ~ ~~ ... ~ Q , ó .' 'APN:&«-090-o3 Q. t<\ '6 ~ ~, ~ ('" ...0 q, ~ 2.0.0000' . ~- , _1,0. , PROPOSED 2.0.00' WIDE PERIWÐIT -40.00' WIDE ,EASEWENT PER SEPARATE TEWPORARY DOCUIIENT EASEMENT 2.0.00' WIDE PERWANENT EASEMENT PER SEPARATE DOCUMENT <.~\.. " ,~~ ., ~ íI?ø <Poi . í:!" '.ø. ö'. ' '&. ~. ~þ.? \-.0"\ ßD~ 1>.~ <: ~... o. ~ :'-r.~' ~ ~,p 0",. , .>:>' , 6'. -\6 LEGEND: PROPOSED 40.00' WIDE TEMPORARY EASEMENT Eir~~1 PROPOSED PERMANENT EASEIIENT PER SEPARATE DOCUMENT tI 1111111 PROPOSED TEllPORARY EASEIIENT,. '----c~ GRAPHIC SCALE 200' ff 100' 200' ~,II CITY OF CHULA VISTA TEMPORARY EASEMENT ACQUISmON , A.P .N. 644-090-03 POR. LOT 16 PER \.tAP 862 J C.UIU'.t. hrp.ntha CGIpondo _ -.s1~ Ia5 1IIH _ r.. 7&Il.132.011>1 r-. tA_ 1-. 200' g-ID2. ~\Pt,3ESfttAa:ts~T~TŒ .itPlIIi'_..A e.no G3I2T1II! IMM4 PM PSI' Exhibit C S-/ß3 SECOND ADDENDUM TO THE FINAL PROGRAM EIR FOR THE SALT CREEK INTERCEPTOR SEWER BY THE CITY OF CHULA VISTA EIR 01-03 SCH# 2000111072 May 20, 2002 1.0 INTRODUCTION The Final Program EIR, Salt Creek Interceptor Sewer, certified in July 17, 2001 ("Final EIR"), contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the Salt Creek Interceptor Sewer project. The Final EIR prepared for the Salt Creek Interceptor Sewer Project (Project) addressed the potential environmental effects of a proposed pipeline facility including an interceptor and four laterals spanning from the Salt Creek drainage in Eastern Chula Vista to the western edge of the City via Main Street. The analysis of the Staff Recommended Alignment Alternative Project included discussion of Policy Option 1 and Policy Option 2, as alternative alignments for a portion of the span aimed at reducing certain potential environmental impacts. In addition, the first Addendum to the Final Program EIR also evaluated two additional policy options, Policy Option 3 and Policy Option 4, for a portion of the span ofthe Staff Recommended Alignment Alternative. The purpose of this Addendum is to discuss a minor refinement that has been made to the Staff Recommended Alignment Alternative for Policy Option 3, In advancing the design efforts for the facility, staff has determined that the northernmost portion of the pipeline segment referred to as Reach 3 in the Final EIR, needs to be adjusted for topographic and other design considerations. The adjustment is proposed in the northernmost portion of Reach 3, from the connection to the Olympic Parkway Pump Station, The alignment for the first approximately 250 foot segment of Reach 3 would be adjusted approximately 55 feet to the south of the alignment analyzed in the Final EIR (please refer to Figure 1). The proposed alignment would shorten the total length of that segment by approximately 70 linear feet, and would reduce the total area of impact (both permanent and temporary) by approximately 5,000 square feet or 0.12 acre. However, specific impacts to habitat types vary, due to the location of different habitats within the proposed alignment. For sensitive habitats, the adjusted alignment would result in an increase in impacts to cismontane alkali marsh (+0.0036 acre or 157 square feet), an increase in impacts to disturbed coastal sage scrub (+0.022 acre or 958 square feet) and a reduction in impacts to tamarisk scrub (-0.0698 acre or 3,040 square feet). g~I04- 2.0 CONSIDERATION OF CHANGED CIRCUMSTANCES AND POTENTIALLY SIGNIFICANT NEW INFORMATION The proposed adjustment to Reach 3 of the Staff Recommended Alignment, Policy Option 3, represents changed circumstances that have occurred since the certification of the Final EIR. In considering these changed circumstances, the City shall be relieved of having to prepare a subsequent EIR unless the City determines, on the basis of substantial evidence in the light of the whole record that: (I) Substantial changes are proposed in the project which will require major revisions of the EIR". due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions ofthe EIR. . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete..., shows any of the following: (A) The project will have one or more significant effects not discussed in the EIR; (B) Significant effects previously examined will be substantially more severe than shown in the EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the ErR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines, Section 15162,) In the event that one of these conditions would require the preparation of a subsequent EIR, but only minor additions or changes would be necessary to make the previous EIR adequately apply to the City ofChula Vista Salt Creek Sewer Interceptor Sewer Final EIR 2 Second Addendum to Final EIR OS/22/02 8-105 project in the changed situation, the City could appropriately choose instead to prepare a supplement to the Final EIR (CEQA Guidelines, Section 15163, subd, (a», In the alternative, where the changes or new information will result in no new impacts, or no more severe impacts, than any that were disclosed in the previous EIR for the Project, it is appropriate for the City to prepare an addendum pursuant to CEQA Guidelines, Section 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162," and that the explanation needs to be supported by substantial evidence (CEQA Guidelines, Section 15164, subd. (e», The addendum need not be circulated for public review, but may simply be attached to the Final EIR (Ibid,; CEQA Guideline, Section 15164, subd, (c». Thus, in the following inquiry the City considers under the standards articulated above whether the changed circumstances reveal or create previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts, (CEQA Guidelines, Sections 15162, 15163, 15164, subd. (a». As the discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Program Environmental Impact Report for the Salt Creek Interceptor Sewer, pursuant to CEQA Guidelines, Section 15164. 2.1 Alignment Adjustment Additional alignment planning and design work that has taken place since the certification of the Final EIR has resulted in modification of the alignment location for a portion of the segment identified as Reach 3. The adjustment is proposed in the northernmost portion of Reach 3, from the connection to the Olympic Parkway Pump Station, The alignment for the first approximately 250 foot segment of Reach 3 would be adjusted approximately 55 feet to the south of the alignment analyzed in the Final EIR, as shown in Figure 1. The proposed alignment would shorten the total length of that segment by approximately 70 linear feet, and would reduce the total area of impact (both permanent and temporary) by approximately 5,000 square feet or 0.12 acre. However, specific impacts to habitat types vary, due to the location of different habitats within the proposed alignment. For sensitive habitats, the adjusted alignment would result in an increase in impacts to cismontane alkali marsh (+0,0036 acre or 157 square feet), an increase in impacts to disturbed coastal sage scrub (+0,0220 acre or 958 square feet) and a reduction in impacts to tamarisk scrub (-0.0698 acre or 3,040 square feet). The only environmental issues that could potentially be affected by this change are biological resources (because, as mentioned, the impact to different habitat types would change), and cultural resources, because of the change in location of impacts. The other environmental issue areas discussed in the Final EIR would not be affected, or would be reduced, due to the overall decrease in total project impact area. Biological Resources City ofChula Vista Salt Creek Sewer Interceptor Sewer Final EIR 3 Second Addendum to Final EIR OS/22/02 8-ID6 While the alignment adjustment would result in an overall decrease in impacts to sensitive habitats, it would result in a slight increase in impacts to disturbed coastal sage scrub and cismontane alkali marsh, The Final EIR provided impact estimates based on figures that would not likely recognize the change represented by the proposed alignment adjustment, because the difference is so slight, and because figures presented in the Final EIR were rounded, The reason the figures are being presented in such exacting terms in this Addendum is to recognize that there are slight differences. However, those differences are not considered to be significant, because they do not represent a substantial increase in impacts that were identified and analyzed in the Final EIR. Cultural Resources The proposed adjustment to the Staff Recommended Alignment, Policy Option 3 is within an area that was not identified to contain any sensitive cultural resources, based on reconnaissance level survey work conducted for the Otay Ranch Project, as discussed in the Final EIR. The alignment adjustment would therefore, not result in any additional significant impacts to cultural resources beyond what was analyzed in the Final EIR. 3.0 CONCLUSION Based on the discussion contained in this document, the City has duly considered the environmental effects of the forthcoming decisions of whether to approve the Staff Recommended Alignment, Policy Option 3 of the Salt Creek Interceptor Sewer, in light of the changed circumstances and new information identified herein (CEQA Guidelines, 15162, 15163). Given the City's consideration and conclusions reached above, the City may properly prepare an Addendum to the Final ErR, because none of the changed circumstances or new information requires the preparation of a subsequent EIR (CEQA Guidelines, Sections 15162, 15163, 15164, subd. (a»). This document has identified all changed circumstances and potentially significant new information since certification of the Final EIR, and memorializes in detail the City's reasoned conclusion that of none of these changes create the conditions requiring the preparation of a subsequent ErR pursuant to CEQA Guidelines, Sections 15162 and 15163. Therefore, in accordance with CEQA Guidelines, Section 15164 subdivisions (c) and (e), this document shall serve as an Addendum to the Final EIR, and shall fulfill the City's obligation to consider whether the changed circumstances and potentially significant new information identified herein compel the preparation of a subsequent EIR (CEQA Guidelines, Sections 15162, 15163). City ofChula Vista Salt Creek Sewer Interceptor Sewer Final EIR 4 Second Addendum to Final EIR OS/22/02 8 -I 07 MAl 13, 2002 3:52PM n CI .g I» ., -. en CI = CI - ~ CD CD - C» ¡- fæ = ..... s::~ CIJ CD "CI :0:- "CI t:n -. ... = ~ CD ~ I ~ II '" c Ii n '" c ~ i~~œ~ ¡¡¡ 1:1 ~ ~ ~ If 0 !!. .. ¡¡ 2 .g ~ g :;j !!. en liT ~ c!: ., 1"1'1 " " rn Š ~ ~ ... i c õI 8 :r ~ ~ G~ ¡¡¡I ã! ::I. .. :00- en ~ IT c ~ 'i~-., , III :1 I I I ' " II I.:...L_..J "tI DI- .. ::sò' .g 1I1;:¡' o 'i-' ~ tD g Q" 0.0 J: 5'- o !ifrA Q" tD;- Si :=¡ !! :::!I::U ~ ::I tD ..... ",t') c::; -0 ciS' ("I 3 3 $9 (D ..../D ::I 0 6. .... I:I"tD tDQ. 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"~I 7 \v\ \ ,~ '" '" " " ...... ........... , , 2 -I CJg 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 ASSESSOR PARCEL NUMBERS (APN) 644- 060-07,644-060-12,645-030-19,646-010-02, 644-060-11, 646-010-03, 644-080- 09, 644-090-04, 644-060-06, AND 644-090-03 FOR CONSTRUCTION OF "PHASE III OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR" PROJECT (SW-219) AND AUTHORIZING THE COMMENCEMENT OF CONDEMNA TION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHTS-OF- WAY WHEREAS, in connection with municipal purposes, the City of Chula Vista must acquire interest in certain rights-of-way on Assessor Parcel Numbers (APN) 644-060-07, 644-060-12, 645-030-19, 646-010-02, 644-060-11, 646-010-03, 644-080-09, 644-090-04, 644-060-06, and 644-090-03 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 III, and related facilities, a public use ("Project"); and WHEREAS, public interest, convenience and necessity require the acquisition of sewer easement right-of-way interests together with temporary construction easements in said real property more particularly described and depicted in the attached Deeds and Exhibits A and B thereto, on file in the City Clerk's Office, for said Project; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in a previously adopted environmental impact report, Salt Creek Interceptor Sewer EIR 01-03, The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary to address the proposed minor change to the sewer alignment and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, EIR 01-03; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property, and sewer easement right-of-way interests together with temporary construction easements therein, are necessary for the Project; and WHEREAS, said real property is located entirely within the territorial limits of the City of Chula Vista; and 1 8-/{J'j WHEREAS, the City ofChula Vista is authorized to acquire said real property, and sewer easement right-of-way interests together with temporary construction easements 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, the Project is planned to be compatible with existing City of San Diego water pipelines and will not unreasonably interfere with or impair said existing public use as it exists or may reasonably be expected to exist in the future pursuant to Code of Civil Procedure Section 1240.510, et seq; and WHEREAS, offers to purchase the required interests in the real property necessary for the Project have been made to the owners of record pursuant to Section 7267.2 of the California Government Code; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds and determines and hereby declares, 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 Deeds and Exhibits A and B thereto have been planned and located in a manner which will be most compatible with the greatest public good and the least private injury, 5. The City Council finds that the addendum prepared to Salt Creek Interceptor Sewer EIR 01-03 reflects the independent judgment of the City Council of the City of Chula Vista and hereby considered the addendum to the final EIR for the Salt Creek Interceptor Sewer (EIR 01-03), 2 t9-/(o 6. That the real property, and sewer easement right-of-way interests together with temporary construction easements therein, described and depicted in the Deeds and Exhibits A and B thereto, are necessary for the proposed Project. 7, That the proposed Project is compatible with the existing City of San Diego water pipelines within the corridor of the proposed alignment. 8. That the offers, as required by Section 7267,2 ofthe California Government Code, have been made to the owners 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, 9. 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 Deeds and Exhibits A and B thereto, in the name of and on behalf of the City ofChula Vista, and to that end are hereby authorized and directed to commence and prosecute action(s) in eminent domain for the purpose of acquiring said real property, and sewer easement right-of-way interests together with temporary construction easements therein, and to obtain court order(s) for immediate possession in the manner provided by law. Presented by: Approved as to form by: (L ~9\J. ~ John M, Kaheny City Attorney John p, Lippitt Director of Public Works J;\Attorney\RESO\Salt Creek Phase III reso.doc 3 ,8-/11 RESOLUTION NO, 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING POLICY OPTION 3 AS THE PROJECT ALIGNMENT FOR THE CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR WHEREAS, the Salt Creek Gravity Sewer Interceptor ("Project") is being designed to convey wastewater flows from developments within the Salt Creek Basin, in eastern Chula Vista and also provide additional capacity to the existing wastewater collection system in Southern Chula Vista; and WHEREAS, the Salt Creek Sewer has been envisioned in a series of planning documents for the City of Chula Vista including the City General Plan (GP), the Otay Ranch General Development Plan (GDP), the Multiple Species Conservation Program Subregional Plan, and the Draft Multiple Species Conservation Plan City of Chula Vista Subarea Plan; and WHEREAS, an analysis has been completed of four possible alignments for the trunk sewer termed "Policy Options 1 through 4", and these alignments were all completely analyzed at a project- level; and WHEREAS, staff recommends Policy Option 3 which consists of a dual pipe system, with no permanent access road, within the same alignment and disturbance area as Policy Option I; and WHEREAS, this option provides for the conveyance of flows within an efficient gravity system and allows for the decommissioning of the existing pump stations hence resulting in the significant cost savings accruing from the elimination of maintenance and operation costs of the existing pump stations; and WHEREAS, Policy Option 3 system would allow for adequate time to determine an approach to the repair/maintenance that best avoids impacts to sensitive resources in the area, such as accessing the pipe in the non-breeding season for sensitive bird species along routes determined to be least sensitive thus eliminating permanent impacts to sensitive resources associated with a maintenance access road; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in a previously adopted environmental impact report, Salt Creek Interceptor Sewer ErR 01- 03. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary to address the proposed minor change to the sewer alignment and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to the final EIR for the Salt Creek Interceptor Sewer (EIR 01-03); and ~-I!2- WHEREAS, under this option, the entire construction corridor would be revegetated with natural vegetation, NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista has hereby considered the Addendum to the final Salt Creek Interceptor Sewer (EIR 01-03). BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby adopt Policy Option 3 as the project alignment for the construction of the Salt Creek Gravity Sewer Interceptor. Presented by Approved as to form by John p, Lippitt Director of Public Works Q\~ ~ ~ John M, Kaheny City Attorney J:\attomey\reso\Salt Creek Sewer Option 3 6'-113 COUNCIL AGENDA STATEMENT Item c? Meeting Date 06/04/02 ITEM TITLE: Resolution Approving submittal to the San Diego Port District £or final approval and funding o£two public art pieces, "In- Dependence" and "Fcatherwind', for placement on the Chula Vista Bayfront SUBMITTED BY: Cultural Arts Commission ~0 Deputy City Manager Palmer '~ 0U REVIEWED BY: City Manager 0~ (4/5tbs Vote: Yes No x ) In December 200l, the City Council accepted a report (Attachment A) from the Cultural Arts Commission outlining a selection process for a piece of monumental public art to be placed on the Chula Vista Bayfront under the auspices of the Port of San Diego's Public Art Program. In April 2002, an Information Memorandum was sent to Council giving a status report on the Chula Vista Bayfront public art proposal. The process began with the creation of a Public Art Task Force appointed by the Cultural Arts Conunission. This Task Fome was charged with the task of selecting a piece(s) of public art for the City's bayfront thru an RFP process. After completing the process and receiving public input from two Town Hall Meetings, the Task Fome selected two public art projects to be carried forward to the San Diego Port District for their approval. STAFF RECOMMENDATION: That Council approve the two art pieces selected by the Public Art Task Fome, "In-Dependence" and "Featherwind" (Attachment B), for submittal to the San Diego Port District for final approval and funding. BOARDS/COMMISSIONSRECOMMENDAT1ON: The Chula Vista Cultural Arts Commission recommends that the City Council approve the two choices selected by the Public Art Task Force. The Commission approved these selections at its May 13, 2002 meeting. DISCUSSION: The San Diego Unified Port District has a Public Art Program (BPC Policy 609), the purpose of which is to enable the provision of artwork on the tidelands around San Diego Bay for the enjoyment of residents and visitors. The City of Chula Vista, which is a member city and has representation on the Port's Public Art Committee and on the Port Commission, wishes to site a piece of monumental art in either Bayside Park or Marina View Park. The Port District authorized the City of Chula Vista to do an RFP process to procure an art piece(s) for the Chula Vista bayfront. The Chula Vista Cultural Arts Commission designated a Public Art Task Force to begin this RFP selection process. Page 2, Item ~'] Meeting Date 06/04/02 The Chula Vista Public Art Task Force members are: Jeri Vanderpool, Chair, Cultural Arts Commission representative Bob McGlade, Cultural Arts Commission representative Melody Cemitz, Port Public Art Committee representative, San Diego Port District Gene Clement, local artist representative Fran Comell, community representative Robyn Wilner, Chula Vista Convention & Visitor's Bureau representative Ric Todd, StaffLiaison Nora McMartin, Staff Liaison This Task Force which began meeting in August 2001 established criteria for the Public Art Policy, created an RFP and put together the following timeline: Port Art Project Timeline 12/18/01 Council approval of Port Art Report: "City-Initiated Procurement of Public Art on Port Tidelands" 2/15/02 RFP mailed to 300 prominent artists & artist organizations 3/25/02 Public Town Hall Meeting for community input 3/29/02 RFP deadline 4/2/02 Chula Vista Public Art Task Force reviewed 27 RFP submittals & created a short list of five projects 4/17/02 "Status Report on Chula Vista Bayfront Public Art Project" Information Memorandum given to Council 4/30/02 Public presentations by top five artists and public input on projects from community 5/7/02 Top two art projects to be submitted to Chula Vista City Council selected by Chula Vista Public Art Task Force 5/13/02 Chula Vista Cultural Arts Commission approved top two art projects 6/4/02 Top two choices taken to Chula Vista City Council for approval 7/10/02 After approval by Chula Vista City Council, the top two choices will be taken to the Port's Public Art Committee for its consideration Date TBA Final approval by the Port Board of Commissioners Artist notification by Port Contractual agreement between artist & Port Completion of project/public reception After due consideration, the Chula Vista Public Art Task Force selected two art pieces rather than one for submittal to the Port based on scoring. Although the original plan had been to recommend one piece to the Council, the Port District encouraged the Task Force to submit several pieces. Both "In-Dependence" and "Featherwind" received scores of 95. The following selection criteria was used to determine the ranking of the twenty seven proposals: Page 3, Item Meeting Date 06/04102 The "Artist Selection Criteria" 1. Artist proposal reflects the concerns and vision of the community as expressed in the artwork description 2. Art work is suitable to the site with consideration of form, scale, materials and structural and surface integrity 3. Artist(s) demonstrates a level of artistic excellence by a mastery of the chosen medium and technical competence reflected in the materials submitted 4.Artist(s) demonstrates the expertise to execute the proposal submitted The Task Force felt that thc top two scoring submittals met the above criteria and would create quality, monumental destination point pieces. "In-Dependence", a bronze creation representing the essence of self-reliance and freedom had a traditional, yet contemporary view of sea life in the bay. "Featherwind", an aluminum wind sculpture piece, had a contemporary approach to a kinetic form utilizing the concept of wind and flight. Both pieces offered a sense of movement and had budgets that were appropriate to the proposed design and installation. The Port may choose to select just one of the pieces. The Port allows the artist to choose a location in Bayside Park or Marina View Park that meets the artwork location guidelines in the Port Policy (BPC Policy 609). Community Development staff was contacted to ensure that placement of the artwork in these parks would not be impacted by any future development by the City or the Port. The City's Cultural Arts Commission would like to take advantage of the Port's Public Art Program to acquire additional art for the bayfront. A quality piece of public art will add to the beautification of this area and create a destination point for both residents and tourists. This could also have a positive economic impact on Chula Vista's retail services. The City of Chula Vista has many interesting public an pieces (Attachment C) that contribute to the high quality of life in the south bay area and this project will help promote cultural tourism and enhance the visual arts experience in the bayfront area. FISCAL IMPACT: There is no cost to the City for the acquisition of public an pieces for the Chula Vista Port tidelands. The cost to purchase, install and maintain a public art piece on the bayfront will be paid by the San Diego Port District's public art fund. In accordance with the San Diego Unified Port District Policy (BPC Policy No. 609) "Artwork maintenance shall be guaranteed for the length of the lease". However, should there be any landscape installed as a part of the art piece, the cost to maintain the landscape will be contracted by the Port back to the City. Attachments "A" - "Report: City-Initiated Procurement of Public Art on Port Tidelands" "B" - Artist's renditions/descriptions of proposed art projects ("In-Dependence" & "Featherwind") "C" - "Public Art in Chula Vista", a guidebook published by the Chula Vista Heritage Museum with a grant from the Performing & Visual Arts Fund ATTACHMENT A COUNCIL AGENDA ITENI Item ~7] Meeting Date: 12/18/01 ITEM TITLE: Report: City-initiated Procurement of Public ,at on Port Tidelands SUBMITTED BY: Cultural Arts Corn_mission REVIEWED BY: City. Manager (4/5tn Vote: Yes No X ) In 1996, the San Diego Unified Port District (hereafter called either the Port District or the Port) approved a Public Az1 Program Policy (BPC Policy No. 609), the purpose of which is to enable the provision of artwork on the tidelands around San Diego Bay for the enjoyment of residents and visitors (policy is attached as Attachment A). Under this policy the Board of Port Commissioners annually sets aside .375 (3/8) percent of the Port District's projected revenues for that year. The set-aside amount is no less than $160.000 amaually. This money is expended for specific works of arts or allocated to an art ~und for the acquisition of an for public areas within the Port District. Since the inception of the t996 program, the City of Chula Vista has seen one art piece placed on Port tidelands. On January 17, 2001, a wind harp sculpture by artist Ross Bah'able was dedicated as a memorial to honor the late Ronald J. McEIIiott. The San Diego Port Tenants Association and the San Diego Unified Port District collaborativel¥ funded this piece of public art. The wind harp joins one other piece of tidelands pubii~ art..&rtist Ke~?~aeth Capps' "Konoids" was installed in Harborside Park in I985, under a previous Port Public Art Program Policy. The City's Cultural A~ts Commission would like to take advantage of the Port's Public Art Program to acquire additional public art for the Chula Vista Bayfront. Indeed, the Port has been encouraging the City to bring forward public art proposals for the Port's consideration. BOARD/COMMISSION RECOMMENDATION: That City Council accept the report and direct the Office of Cultural Arts staf£ to prepare a Request for Proposal (RFP) tbr a public art piece on Port tidelands, using the procedure outlined in this report. On November [2, 200l, the Commission approved this procedure, which would guide [he Commission and. City's Office o£' Cultural Arts on ensuring that ph. blic art is placed on the Port's tidelands within the City or' Chula Vista. On December 10. 2001. the Commission approved the submittal ol:this Commission report to the City Council. DISCUSSION: During the past Ibw "ears. the P iT s Public Art Program has been revitalized and as a result, numerous pieces or'art having been acquired ~'or San Diego Bay tidelands. These include numerous pieces at Ire an'port, the San Diego C~mvention Center, and Martm Page 2, Item Meeting Date 12/18/01 Luther King Promenade in San Diego. In addition, the City of Imperial Beach has received 7 pieces, the City of Coronado 1 piece, and the Ciw ~f National City 3 pieces since the program was initiated in 1996. These three cities initiated all of the public art proposals to the Port. Of course, Chula Vista has also been trying to get additional pieces of art. In 1998, the Cultural _Arts Commission vqted to approval a proposal from Port Commissioner David Malcolm that Olympic themed artwork be placed on the Bayfront to promote Ckula Vista as the home of the all-weather Olympic Training Center. After much discussion with the United States Olympic Committee, Port .At Director Catherine Sass recently informed the City's Cultural .'q~ts Coordinator that this effort !s officially "dead." As a result, the Cultural _Arts Commission has once again taken the initiative to bring public art to the tidelands through the Port Art Program. The Commission ton-ned a special subcommittee, the Public .&x Committee, which has drafted a set of procedural guidelines for City-initiated requests that dovetail with the Ports' own policies and procedures, as shown beloxv. The Commission would now like to actively work to acquire an additional public art piece for Chain Vista during the next year. The Office of Cult2ral Az'ts staff is ready to work with the Commission on moving forward with this process. PROJECT INITIATION: Under the Port District's policies, pL~blic art on tideIands can be procured in a variety of ways: A. The San Diego Unified Port District may, umlaterally, place a specific piece of artwork on the tidelands located within the city. Such pieces may be purchased, donated or loaned. The rules outlining donations and loans are covered in the Port's Donated'Loaned Item Policy (BPC Policy No. 611). B. The Port may ask the City if it would like a specific piece of arbvork on tidelands C. located within the city. Such pieces may be purchased, donated, or loaned. The City may request that the Port place a specific piece of artwork on tidelands located within the city. D..Kay individual or organization having obtained community and City support may request, accept or acquire a piece and request that the Port place it on tidelands located within the city. The Cultural Aits Commission, its PubIic Art Committee, and the City's Of-flee of ¢~ultural Al~ts would now like to utilize ~'Option C" as outlined above.' ]~n order to accomplish this objective, the Commission proposes that the City's Ofice or' Cultural A~-ts use ~he lbllowing procedure: -' The Office ot: Cultural Arts ',viii mlease a Request for Proposals tbr a public art piec6 to be located on Port tidelands. Pour potential sites have been identified bv the Commission's Public .kit Committee. including tl~-ee in Bayside Park and Page 3, Item ~5~ _ Meeting Date 12/18/0~1 on the Port controlled half of Marina View Park (please see attached map- Attackment B). 3-' Under the auspices of the Ci.W's Office of Cultural ,aa'ts, the Cultural Arts Commission's Public .Art Committee shall be used as the selection committee, reviewing the responses and selecting no more than five semi-finalists. The Committee, which w41I be appointed by the Commission, may consist of representatives from local arts organizations, local individual artists, citizens and business leaders, as well as Chula Vista's appointed representative to the Port District's Public Ax-t Committee. The Committee will have a minimum of five (15) and a maximum of (9) members. As part of the selection process, the Commission's Public Art Committee shall hold a community lbrum allowing residents the opportunity to comment. The Pon )d-t Committee shall refer the recommended semi-finalist(s) to the Cultural .<t-ts Commission, who will select a finalist for recommendation to the City Council. 3- The Cultural .~M'tz Commission shall then refer the selected art piece to the City Council, which must approve it. 3- After Council's approval the City's Office of Cultural A_rts shall forward the recommended artwork to the Port's Public Art Director for final approval. ~ Yhe following guidelines are proposed to be used as part of this process: ;~ Artist(s) ~vhose piece is recommended fbr acquisition shall be active artist/artist teams who are recognized in their field, locally, nationally or internationally. They may be required to provide the Commission's Public Art Committee with references relative to their work. ,-- Tile Office of Cultural Arts may contact or solicit artist/artist teams as follows: A. Mailing lists: To receive notification of new public art projects. artist/artist teams may send their name, mailing address and indication or' Tile Port [las established a Pnblic )d't Committee. which serves in an advisory_ capacity ?mvidin~ recemmendations lbr an placement and aesthetic opinion. The Committee is composed of ten members, consisting of' one member t?om each of the five member c~ties, one member From the San Diego Port Tenants Association and fbur members ar large. '_Melody Cez2itz is lbe representative l'rom Chula Vista. Tile Committee is .. ~pecifically charged with the responsibility to review artist proposals t'or placement in the Port's public art collection, making recommendations I:or ruhr/cation and acquisiuon, and [o serx, e as u [tll~/ l'or :[[[WOl-tC competition. Page 4, Item _6] _ i¥Ieeting Date 12/18/01 the medium in which they work to the Chula Vista Office of Cultural ,a,.rts to be placed in a regist~,. Notices of new projects and application requirements w/II be mailed as appropriate; B. Press ,*mnouncements: Open Competitions for public art projects shall be advertised in local arts media and shall be announced as appropriate to arts organizations, college and university, art departments, galleries and museums; C. ,art agents; D. Referrals from the local professional community,. The City's Ofiice of Cultural Arts shall adequately advertise the competition and condtmt the competition under the auspices of the ~iry-'s Office of Cultural Arts. The recommended works of art shall be based upon artistic merit and the appropriateness of the artwork to the site where it is to be located. This recommendation is based upon the folloWing criteria as established by the Port District: A. ,qrtistic excellence and innovation; B. Appropriateness of the artwork to the project/site in terms of scale, content and mater/als; C. Safety of the artwork; D. Durability of the artwork relative to tlxeft, vandalism and the enviromnent; E. Demonstrated community support; F. Public visibility; G. Public accessibility; H. Accurate budget; Short and long-term maintenance and conservation requirements are defined: J. Maintains a variety of style, medium, size and type for Port collection; K. Ability of the artist/artist team to work closely and compatibly with the project architect(s), engineers, commissions, committees, Port staff and community members. ,~ Prior to making its recommendations, the Chula Vista Public Art Committee, early in its site selection process, shall confer with the City's Cultural Art Coordinator and tile Port's Public .Art Director to insure that~ the sites under consideration are compatible with soils, operations and logistical requirements: redevelopment plans: utility lines; and supervening regulations and t'Uture planning fbr the area. NEXT STEPS: ., 'Fhe ()~-fce of Cultural \rts. in conjunction with the Cultural Arts Commission. is ready to imtiat~e an RFP tCrocess ~ts outlined above, it is important to point out ti]at this ,electii)n lorocess io no way ~>rectt~des ndditional public art ii'om [¢ein~ selected and/or Page 5, Item ~ Meeting Date 12/18/01- installed on Port tidelands either simultaneously or in the near future. Chula Vista can receive more than one piece, just as other Port Cities have done. The Port Art St~bcommitZee of the Culmral .arts Commission will act as the selection committee. Their recommendation will be refen:ed to the full Arts Commission for their approval and then to the City Council If Council accepts the recommendation, it will then be referred to the Port f~r final approval. It is hoped that a recommendation will reach City Council by the end of Mamh 2002. FISCAL IMPACT: There is no cost to the City for the acquisition of public art on Port tidelands. The cost to purchase, install and maintain an art piece will be paid for from the Port District's art tired. However, should there be any landscape installed as a part of the art piece, the cost to maintain the landscape will be contracted by the Port back to the City. It is estimated that the cost to conduct the selection process will be approximately 5250 and will be paid for by the Office of' Cultural Arts and the Cultural Arts Commission. However, the Port will reimburse these costs once they have approved the art piece. ATTACHMENT (BPC Policy No. ,309) PURPOSE: -o promote aesthetic enhancement of tideland development projects, ANALYSIS: t, The visual se~ing of the tidelands under the control of the Port District is important to both visitors and citizens of the San Diego region who may depend upon the special and unique sharactenstics of the Port Distdct for their livelihood, enjoyment and financial success. 2. The Port District has devoted an increasing amount of its financial resources to the visual and aesthetic betterment of the tidelands area. 3 The inclusion of art in public and private areas throughout the country has proven beneficial to the general citizenry, as well as to businesses and employees in the vicinity of such artworks, 4 Establishment of this Public Art Program will promote the general welfare through balancing the Port's physical grow[h and revitaiizafion and its cultural and artistic resources. POL CY STATEMENT: This policy shall become effective upon adoption by the Board. 1. The Board of Port Commissione~ each year shall set aside .,~¢.. (3/8~ percent of the Dis~n~'s projected gross revenues for that year. For th~ purpose of this calculation, gross revenue shall not include anticipated grants from any source. Suc~ amount set aside shall not be less than $160,000.00 annually. Such money set aside shall be expended for specific works of ar~ or allocated to an art fund for the acquisition of art for public areas within the Por~ District. Money so set aside may be accumulated for more than one (1) year 2. Monies placed in the art fund shall be kept separate from other Por~ District ¢un615 and any earnings thereon shall accrue to the art fund. Monies accumulated in this fund shall, at the discretion of the Board, be made available for the acduisition, design, fabrication, installation. improvement, and meintenance of artwork displayed on Port lands. ARTWORK: I ,~rtworks are defined in terms of the visual ars as distinguished from ~he performing ~rts, media aris litera~ or cultural arts. The artwork should be permanent m nature aha installed in public/iew. The selection of each work of an will De site specific and be selected based on the c,naracter ,'Jnd aesthetics of the !anasoaDe arc,,liec,ure of that site ._. The material [o be used for fabrication of the work .shall be of a type apprceriate to the theme or concept of the proposed adwork and should resaect the surrounding natural and building environments. The material shall be permanent in nature and require Iow maintenance Accessories to the artwoF¢,, i.e. lighting, snail not distract from the artworx or create glare tot passing drivers or pedesman's. All accessories shall be durable and requ re Jew maintenance. 3 The Board recognizes that there may be occasion to have temporary art. temporary, exhibits or controlled limited editions and this semion does,not preclude consideration of such propesais on an individual basis PUBLIC ART COMMITTEE: An a~i advisory committee shall be established called the ,~_:~C. The committee's task will be to review and recommend which projects fit within the mission of the Port's Public AC, Program and which projects will best achieve the project's own objective. The Board recognizes that this policy cannot contemplate all the creative possibilities for art projects and it is the intent that this committee orov des forwde atitude in review of proposed artworks. 1. The committee shall be composed of ten (10) members consisting of one member from each of the five member cities, one member from the San Diego Port Tenants Association and four members at large. The committee shall be appointed by the Chairman of the Board with the concurrence of the Mayor and Commissioner of the member city from which the candidate is from, and staff recommendation of the t~o at large members. The San Diego Port Tenants Association. member appointment wilt be at the pleasure of the Board. 2.The commi~ee serves in an advisory capacity providing recommendations for art placement and aesthetic opinion ~o the Drsmc,. 3. Membership shall De made up of arts professionals and members of the communit'y. Arts professionals for these purposes are defined as: curators: visual artists: ar[ critics; art histonans; art collectors; art fabricators; architects: landscape architects: art educators; and other persons with visual ar[s backgrounds, respected in their field and willing to engage effectively in a panel process. It is the Port's goal to allow as many qualified and willing individuals as possible an opportunity to se~,e their community. 5. It is the desire that terms be limited so as (1) to promote equal opportunity to the membership to serve in a leadership role; (2) to bring a diverse aesthetic; (3) to bring diverse ethnic and cultural perspectives to the program; and (4) to most precisely match ~he project's program to the expertise of the panelists. 5. The PuPlic Art Committee is charged with the responsibility to: Review artist proposals rot piacament in the Port's public art collection, malqng recommendations for fabrication and acquisition. Serve as a jury for artwork competitions, making recommendations of finalists to the Board. r',ovlae tecnnlca advisement to staff throughout the commission process. T~,RMS: .. ~ Committee members shall serve fo[-three-uear terms Said three-fear re,ms shall ,:ommence ©ctceer I uf the '/ear ~n WhiCh the ae~om[ment/reappoimment is made. No member shall sepre for more [han we. hree-yeal terms, Should ~ committee vac3ncy occur ~nor :o the end or its scheduled ,ttp ~v ,w ?er~ot~andle~o :)r~¢sandle~o :m3re,,3ubllc :)-rL'Dapolieles.,~tlZl three-year term, the Board shall appoint a replacement for the unexpired term. Appointment pursuant to this so.ion shall not preclude reappointment for ~ full [hree-year terms, specified in Section I spore. For the initial formation of the committee, and to provide for onooing staggered terms, the original seven-member committee at its first meeting in 1996 shall draw lots to determine two slots to be available for appoint_ment/reappointment in October 1997, two slots for 1998, and [hree slots for 1999. Thereafter all [erms shatl be for three years. The District Clerk shall maintain a re~..?rd of the current committee members and their term expirations. The Board shall be promptly advised of any vacancy occurring so that the appointment/reappointment ~n be timely made. Should the appointment/reappointment not be made pdor to October 1, the existing member shall hold over until such appointment/reappointment is made. 2. Additionally, ad hoc, ex-officio members may ~ appointed by the Public Art Coordinator should the situation warrant. 3. The committee's purpose is to review proposals to determine the feasibility,, pra~icality and the aesthetic value of artwork to be included in Pod proje~s, and to prepare a recommended art acquisition and placement program and otherwise to advise the Board as may be required. 4. Committee members shall receive no compensation for their services. 5. Committee members must declare a conflict of interest when monetary. gain could occur as a result of their participation in a committee project. Committee members must abstain from discussion and voting on projects where such conflict exists. 6. Commitlee members shall be reduJred to file Statements of Economic Interest pursuant to the Board's adopted Conflict of Interest Code. 7. Meetings of the Public Art Committee shall be noticed and held in places reasonabiy convenient to the public. Minutes of the meetings shall be prepared. 8. The committee is adviseW in nature and shall have no authority to negotiate for, or commit, the Port of San Diego in any respect. 9. Three absences in any twelve~month pedod constitute automatic resignation from the committee. 10. A chairperson and vice-chairperson will be elected at the first meeting by the membership of the committee for a one-year term. ARTIST SELECTION: Artists chosen by the committee shall be active artists who are recognized in their field, either locally, regionally, nationally, or internationally. They may be required to provide ~he committee with references relative to their work. Commissioned artwork shall be subject to the artist entenng a contract with the Port. Artists can be contacted through the following methods: 1. Mailing list: ¥o receive notification of new public an pro~ects, artists may send ;'heir name maiiin§ address and an indication of the medium in which they work to the Public Art Coordinator. Notices of new pro]ec'.s and 3Dpiicatien requirements will be mailed as appropnale. 2. Press announcements: Open competitions for public art projects may be adver[ised in local Sl~s med~ja ano may be announced to local, regional and nauonat arts organizations, zollege and umversi~, ar[ depar[men[s, galleries, and museums. t[rp: w~wv.porro~:andicgo.org,:aadiego_;nure,,nuDiic_:~r[/papolicie.,;.htm 7 2 10i q..// 3 Adve~ise.~,ents in a~ magazines 4- A~ agents 5. Referrals from the local professional gammun, i~ ARTWORK LOCATION: ArtWOrk shaii be ]o~t~ in an area s~fi~lly designat~ for such purpose. In~allation of the a~or~ snail be pianned and implemented ~c enh~nca the wc~ and allow for unob~c;ed public vie~ng from as manV points of view as ~ssible. Potential cbst~Jon of growing tr~s, shFdb~w, or f~ure con~ction shall De taken into account. %he a~ork shall be a permanent, fixed as~t to the prope~. AR~ORK IDENTIFICATION: Each a~o~ shall be ident fled bv a plaque st~ na the a~ist's name a~rk dtle, the names o~ po~ comm~%~oners, and the date the a~o~ ~s d~i~t~. The plaque ~tl be plac~ in an appropriate location near the a~rk that ~n be easily acce~ by pedestrians. ARTWORK SELECTION: The Public A~ Commi~ r~ommends ~rks of ad for the Pod ba~d on a~i~ic merit and the appropriateness of the a~rk to the site ~ere it is to be Io~ted. The selection of a~ists and a~o~ is ba~ on the ¢ollo~ng criteria: 1. A~istic exca!len~ and in~ovation; 2. Appropnatene~ of the a~o~ to the projefJsite in terms of s~le, fo~, contenL and materials; 3. Safe~ of the a~ork; 4. Durabili~ of the a~ork relative to theft, vandalism and ~he environment; 5. Demon~rat~ ~mmuni~ sup~; 6. Publidy visible: 7. Publicly acse~ible: 8. A~sura~e budget: 9 Sho~ aRd iong-~e~ maintenanc8 and ~n~p~ation requlrement~ are defined: I G Maintains ~ ,/aneb/of sWle, medium, s~ze, and ~pe for Po~ cotl~Jon: ~: ~b~ii~ of the a~is[ to work :toseiy and compatibly w~th {he project architect sL engrafts. ,;omm~sslons. :ommlEees. :3o~ s~aff and communiw members: ~2. 3ei~tion of he a~OrK :s subiect ;o the a~i~fs) completing a contra~ as e-s,. forth by the Pod, AAorne,:/ ARTWORK ACqUISiTiON: Am,york may be acquired in the followmg manner: I. Open competition 2. Limited competition 3 !nvitation ,d_ Direct purchase PROJECT INITIATION: There are ~h~vo ways that projects can be initiated: by the Pod through its staff or the Public Art Committee; and through a request from a member city. Community-initiated proposals must first seek a recommendation of approval from the city of jurisdiction. PROCEDURE: 1. The following procedures shall be followed for inclusion of art in new construction projects undertaken by the Dist~ct:' a. After selection by the Board of the architect for the project, the project architect shall, early in the design program, prepare a report sug§eating appropriate locationfs), if any, within the project for inclusion of ar~. The report shall be submitted to the Public Art Coordinator as ead¥ as possible in the design of the project. b. The Public Art Commitiee shall promptly consider the report and recommend approval, rejection or amendmen[ to the architect's recommendations. c. Upon receipt of the committee's recommendations, the Board shall approve, reject, or amend the recommendations. The architect~, and Port staff shall then proceed to ¢.arr7 out the Board's direction during the course of the Port project developments. 2. The Board ;'ecognizes that, in addition [o inclusion of ar[ in new Distbct construction proje~s, there are public places within the District's jurisdiction appropriate for the location of significant works of afl The folloWing procedures shall be followed in ~he designation of: sites for pubiic a~ and for the acquisition of afopropnate ar0works. a. Each year. as part of !he buoge~, process. (he Public Ar~ Committee will present the Board w~th an Annual Ac~,u~sltion Plan for ets consideration for inc!uslon in the annual budget 7he program S~laJJ inctude recommendations regarding sites, casts, selection processes, pro, dc: 2noritJes, and other pertinent inrormation b ~-he Public .Arc Committee will receive city-imtiated prooosals each Cecernber for 7ewew for inctuslon in the '~,nnual .;comsltion Plan h[t:% :'~www. porror~a~di~go.org/:-;andiego _more,,oubik xrr/papo iicie,.;'.htm c. -~,'i.:or to making its recommendations To the Beard. the PAC, earty in its site se!ec:ion process, si~at! confer with the Executive Director tc insure that ;he sees under consideration are ~mpatibie with soils, o0erations and logistical requirements: redevelopment plans; utility lines: and supe,~¢ening regulations and future planmng for the ares. RESOLUTION NUMBER AND DATE: 96--_..6.24 September 1996 (Supersedes BPC Potic¥ No. 609. Resolution Nos. _=-..4.} dated December 1982. 86-63 dated 18 Februap/ 1986 and 88-234 dated 5 August 1986) RELATED PUBLIC ART POUCIES: BPC Policy No, 610- Monuments. Memol BPC Policy No. 611 - Donated Items ~ ¢1 --Iq' Marina View Park ATTACHMENT B ,.,{Nrant sea5~Sc : · ~ ( ' k LOCATION bNc ~rass 6rom ' ' ' ~ ~ i - ., c ' , IorpcrsonalcoptacL ] ouch isoLa~lOn[h~spiec~ bla~ ~m, vcr lO r' . r ~ 6 I ~ t~r, ~asc to Np -- inc]Lid~n,~ a .-, DO[ oasc -- with an np ~0 q¢/7 July 3. 1996 RE: REQUEST FOR QUALIFICATIONS Dear Review Committee, As a multi-disciplined Southern California artist I have become sought after for my expressive sculptures and paintings. Over recent years many of my bronze works have been commissioned and placed in several city parks, outside city buildings and in public access 'areas, either as part of A.I.P.P. Awards or privately funded memorials. Handling these projects has taught me to understand the collaborative process at every level from clients' needs to city requirements. Chula Vista's bay front parks settings are a choice location for the kind of work I am most appreciated for, and forms that endear me the most, local wild life, our brothers and sisters in nature. My concept "In~Dependence" is a powerful, innovative, and challenging use of bronze creating a canopy of diving pelicans, and fish to sit beneath, shaded by the frenzy overhead. The seated viewer can access the lower portions of the sculpture for a hands on encounter. Recently I have designed and supervised the construction of my home and studio on Laguna Canyon Road. The studio was designed in such a manner to ~:hcilitate the construction of large art projects. Thank you for your consideration. Sincerely, ~j¥~Aj~L~XxX Terry Thornsley ~ P.O. box 1832 \ Laguna Beach, CA 92651 (949) 494-8650 TERRY THORNSLEY Biography of the Sculptor (page 1) Laguna Beach resident Terry Thornsley is a professional sculptor whose works are familiar to residents and visitors. Hundreds of his bronze, marble, stone and mixed media sculptures are in private collections. Publicly, people enjoy Terry's works in several Southern California cities where his sculptures are permanently displayed. Terry's sculpture leaves no doubt about his feelings for the sea. Marine mammals, sea birds, fish, coral and the ocean itself are recurring subjects in his carefully rendered art works. His sculptures are probably best described with words such as j?esh, strong, graceful, liJk-like, moving and thoughtful. In 2001 Terry completed a large series of bronze sculptures for the entry/lobby at Marriott's Maul resort near Lahaina. They were custom designed sculptures of life-sized corals, tropical and game fish, turtle, manta, and dolphin in bright patina, mimicking the seas off the Hawaiian Islands. The Alphonzo Bell Memorial was dedicated in 2001. A pictorial bronze plaque depicting bell's early 1920's oil strike. 1998, Sea Rhythms, a towering, aquatic bronze sculpture rising from a fountain in the center of the Marketplace Rotunda. Sea lions, fish and smaller flora and fauna cavort under a canopy of giant kelp (which is one of the region's important coastal industries). The view- is one enjoyed throughout the year by snorkelers and divers along the San Diego coast. 1992, Kelp-bed Delight for A.I.P.P. was placed at the entrance of Physician Center West in Laguna Beach. A bronze sculpture of life-sized indigenous mar/ne life. Designed to delight visitors, it unexpectedly lightens the heart perhaps when most needed. Located at the entrance of Physician Center West at South Coast Medical Center (at 7m St. and P.C.H.). Funding Agency Gremark Partners Inc., La Jolla, CA. In ! 989, the Long Beach Police and Firefighter Memorial was dedicated. The dramatic art work, at 26-feet high and 12-feet wide, features double scale life-like bronze images of a police officer and firefighter designed and executed by Terry Thornsley. In I988, the City of Newport Beach dedicated its Mariners'Memorial. The 24" X 36" bronze relief plaque features Terry's rendering of a lone sailor navigating a harsh sea. The piece was dedicated to all seaman lost from Newport Harbor. Here in Laguna Beach, Terry's Water Puppy, a bronze baby sea lion, has graced the central grounds of the Festival of Arts since 1988. And in Seal Beach, Terry's Slick, a delightful cast bronze seal favored by area youngsters, has adorned the city pier since 1985. Continued on page 2 TERRY THORNSLEY SCULPTURE Post Office Box 1832 - Laguna Beach, CA 92652 - (049) 494-865(I ~errvthornslcv~dcox.net /q SHOWS and EXHIBITIONS (page 2) During the past two decades and in addition to his exhibits at the Laguna Beach Festival of Arts, Terry's watercolor paintings, and sculptures were exhibited in the San Bernardino County Museum, the Edward Dean Museum in Cherry Valley, the La Quinta Fine Arts Festival, the "Affair in the Gardens" in Beverly Hills, as well as, many other California shows. EARLY CAREER and TRAINING Terry began his art career in 1972, when he was fourteen years old. The son of a U.S. Navy family, he traveled extensively throughout his youth. For many years, sketches and paintings occupied the self-taught artist. Nature and movement were Terry's favorite themes, and his watercolors were exhibited in galleries beginning when he was fifteen.. In 1976, Terry settled in Southern California. At twenty-one, Terry began to sculpt. Through keen observation, innate talent, and fellowship with other artists, he developed his'abilities His craftsmanship was further refined when, for three years in the early 1980's, Terry trained at the Master Foundry at San Jacinto College. He became an expert mold-maker and foundry craftsman. In 1985, His first commissioned sculpture, Slick, was dedicated. In 1985 and 1986, two of his dimensional float designs were featured in Pasadena's Rose Bowl Parade. Only in America, and Bubble Trouble were commissioned by the California Polytechnic University (Cal Poly). A born adventure traveler, in recent years Terry has visited such exotic and graceful lands as India, Nepal, Thailand, Malaysia, and Singapore. His travels permit time for the informal study of art, architecture and sculpture in these distant lands. Terry Thornsley works in his home studio, located in Laguna Canyon, Laguna Beach, California. TERRY THORNSLEY SCULPTURE Post Office Box 1832 - Laguna Beach, CA 92652 - (949) a, 94-8650 terrythornsley(~cox.net Finish work Sandblast finished bronze s ~.i-house¢ San~blas~ eq. labor ',Out-house) Transport, sandblast ~ronze patina E~ lpment Gas Clean-up Delivery & Installation Loading & shipplng Rental truck Wench & scaffolding Extra laborers -- ~~' My labor rOiAh ~00~ 0oo-- i expect ~o puc in up cc) and over [700 hours over die next eight mond~s. Thu; bronze sculpmre has o~,er 240 square feet of car~,ed sta'face, molds made m tubber and piaster. ;md ~:e created m wax .cast tnto brouzc .welded together(over 200 sections ground starx)da, and gi;,en ~e fLnal pauna, plus deliveQ, in secuons and inst~qladon. My wage is the same as on ali my other larger wor¼; .which I fbel is (air ibr d~e s -kili and danger toro!red m working 2000 or more potmds ot-broaze. devoted local sculptor t'errv [ 'homslev Shod space and Dower ~es~-gn worx Meetings with City - project Changes in design W~ Drotot~e work Rubber Mold ~king labor Light _ ..... Bronze chasing - shop or private Spot welding Grinding - tools (Clean-up) Chasing after fabrication Fabricate a ~ ~ ~ ~$~ ~_ C*~ ~ oht,' COSn' CostP oe '~a~l~aE!on REFERANCES CLIENT Police & Fire Fighter Memorial Chairman - Brian "Whitey" Littlefield (310) 631-1283 Dollar Value $75,000 Project Description These double life-size bronze relief figures, constructed of black granite and bronze Way, stand 26-feet high by 12-feet wide. The design through dedication spanned I year. It stands between the Long Beach City Hall and the Police Station (at the end of Chestnut Street). Funding was provided through private donations to the Long Beach Police and Fire Fighter Charity Organization. Total Coast:$100,000. Breakdown: Art- $75,000; Landscaping-$25,000; Construction donated. Date Client 1998 Katherine Sass Port of San Diego Project: Sea Rhythms, a towering, aquatic bronze sculpture rising from a fountain in the center of the Marketplace Rotunda. Sea lions, fish and smaller flora and fauna cavort under a canopy of giant kelp (which is one of the region's important coastal industries). The view is one enjoyed throughout the year by snorkelers and divers along the San Diego coast. Cost: $150,000 Date Client 2001 Danial Fine Arts (949) 497-0501 Project: Completed a large series of bronze sculptures for the entry/lobby at Marfiott's Maui resort near Lahaina. They were custom designed sculptures of life-sized corals, tropical and game fish, turtle, manta, and dolphin in bright patina, mimicking the seas offthe Hawaiian Islands. Cost $140,000 Terry Thornsley P.O. BOX POX 1832 Laguna Beach CA 92652 (949)494-8650 July 3, 1996 RE: REQUEST FOR QUALIFICATIONS Dear Review Committee, As a multi-disciplined Southern California artist I have become sought after for my expressive sculptures and paintings. Over recent years many of my bronze works have been commissioned and placed in several city parks, outside city buildings and in public access areas, either as part of A.I.P.P. Awards or privately funded memorials. Handling these projects has taught me to understand the collaborative process at eve~ level from clients' needs to city requirements. Chula Vista's bay front parks settings are a choice location for the kind of work I am most appreciated for, and forms that endear me the most, local wild life, our brothers and sisters in nature. My concept "In-Dependence" is a powerful, innovative, and challenging use of bronze creating a canopy of diving pelicans, and fish to sit beneath, shaded by the frenzy overhead. The seated viewer can access the lower portions of the sculpture for a hands on encounter. Recently I have designed and supervised the construction of my home and studio on Laguna Canyon Road. The studio was designed in such a manner to facilitate the construction of large art projects. Thank you for your consideration. Sincerely, Terry Thornsley P.O. box 1832 Laguna Beach, CA 92651 (949) 494-8650 FEATHER WIND A WIND AND SOUND SCULPTURE PROPOSAL BY ARTIST TEAM GEORGE PETERS & MELANIE WALKER FOR THE CITY OF CHULA VISTA BAYFRONT MARINA AND PARKS A SCULPTURE PROPOSAL FOR THE CITY OF CHULA VISTA BAYFRONT HARBORSIDE PARK / BAYSiDE PARK SUBMITTED BY ARTIST TEAM - GEORGE PETERS & MELANIE WALKER DESIGN INTENT The bayfront tidelands area provides a unique opportunity for a wind sculpture that can provide a highly visible marker for the marina entry as well as an environmental work that spans the harbor area of the park lands. We propose a series of twenty feather wind vanes sited along the water's edge. The feathers would be mounted atop 25' to 30' tapered aluminum poles. A bearing "U" joint connection will allow the vanes to pivot and rock in the winds. Steel strapping stretched between the vanes on each unit will create an aeolian effect producing Iow humming sounds at different pitches during stronger wind periods. The vane materials will act as a resonating sue. ace amplifying the sounds, The grouping of two rows of wind vanes will produce a sonic area of influence surrounding the viewers walking between them. We have recently installed a work similar to this proposal for a recreation center in Colorado and has inspired us to create a larger work spanning a wider area. Wind tests of 60 mph gusts have proved the units perform as intended, angling toward the- wind and creating an incredible range of sounds. The color changes in the vane materials are very intense at great distances which would make the sculpture ideal as monuments and markers for the entry to the marina area or at the Bayside Park. The vanes will be highly visible from a mile away. MATERIALS AND SPECIFICATIONS The wind vane materials will be primarily brushed aluminum pipe and "U" channel. The vanes themselves will be constructed from twin wall Lexan polycarbonate with a layer of clear holographic/prismatic polyester film sandwiched between to create the changing spectrum of intense color reflections. This holographic material is highly light reactive and creates a sense of movement through the array of spectral colors as it floats in the wind. The spectral colors are highly visible over long distances. A gold anodized aluminum ball counterweight will be connected to the opposite ends of the wind vane units to set each vane at an angle of 30 degrees. Lexan twin wall polycarbonate is a high quality exterior grade material normally used in the building industry for skylights and greenhouse coverings. It is a long lasting, UV resistant material and is perfectly suited for this lightweight application for the vanes. SIZES, WEIGHTS & TOLLERENCES The poles and vane units will stand at a height of approximately 35' to 40' high. The wind vanes will be about 12' long. Spacing between the poles will be set so that there is a 1' to 2' clearance between the unit arcs allowing for strong wind fluctuations and pole flex. At twenty units spaces 15' apart, the installation of the feather vanes would span a 300' area along the water line. Weights of the vane units would be no more than 35 lbs. each to allow ease of movement. MAINTENANCE There will be littte or no maintenance issues for the vanes. The stainless steel bearing units will be sealed. Materials are very conducive to long term outdoor exposure. ITEMIZED BUDGET MATERIALS 20 aluminum flagpoles - 30' 5" base, 3" top ............................. $34,000 Foundations & pole mounts ................................................ 15,000 Aluminum pipe .................................................................. 3,000 Aluminum "U" channel edging ................................................ 2,000 Lexan twin wall polycarbonate panels ...................................... 5,000 SpektraTec holographic/prismatic polyester film ......................... 1,000 Gold anodized aluminum ball finials ......................................... 1,200 Misc. hardware and fasteners ................................................. 1,300 Stainless steel sheeting .......................................................... 4,000 Concrete form materials .......................................................... 400 Total materials 66,900 MACHINE WORK Fabrication of stainless steel swivel & rock "U" joints .................... 30,000 Stainless steel chromed Cone bases ....................................... 20,000 End cap fabrication ............................................................... 2,000 Polishing and finishing ........................................................... 3,000 STRUCTURAL ENGINEERING Consulting & design work ....................................................... 12,000 STUDIO LABOR 500 hours @ $90 hr. artist's labor .......................................... 45,000 300 hours @ $30 hr. studio assistant labor ............................... 9,000 40 hours technical drawings ~ $100 hr ..................................... 4,000 -. STUDIO COSTS Correspondence hours ......................................................... 1,200 Estimated electric use .......................................................... 200 Phone .............................................................................. 150 Storage ............................................................................. !,200 INSURANCE General Liability ..................................................................... 1,000 Inland marine floater ............................................................... 500 TRAVEL Air fares - 3 trips - two artists ................................................... 2,400 Accommodations - 14 days ......................................................1,600 Per diem - $50 per person per day .............................................1,400 Car Rental - 3 trips .................................................................. 500 TRANSPORTATION Truck rental ........................................................................... 2,500 Crating and packing ................................................................ 4,000 INSTALLATION Crane rental .......................................................................... 1,000 Lift rental .............................................................................. 850 Installation crew wages ........................................................... 4,000 Site prep ............................................................................... 2,000 MISC, Photo documentation ..............................................................400 Identification plaque ................................................................ 200 SUB TOTAL 217,000 ARTIST DESIGN FEE (10%) 21,700 PRICING CONTIGENCY (10%) 21,700 TOTAL COMMISSION 260,400 A I R W 0 R K S ARTIST TEAM - GEORGE PETERS & MELANIE WALKER Public art enhances our city and urban environments making places of reflection, of beauty, creating color, humor and life to our living and working spaces. We have a combined twenty five year history of working in the public art realm. In our works we have created many large scale commissions that enliven and activate the environment in both interior and exterior spaces. It has always been our wish to make the works have a voice and character that uplifts and reflects the positive aspects of human vision. We live in cities and urban environments that are designed around the strict guidelines of commerce and traffic. Within these perimeters public art can enhance our workplaces and create urban "islands" of fantasy, color and heartfelt dialogue with the people who regularly inhabit these places. There are innumerable examples across the country of successful public art pieces that delight and inspire. We have been lucky enough to have worked on over forty public art projects including works instate, nationally and internationally. The works include six library commissions, eight with universities and colleges, three recreation centers, six health care commissions, eleven corporate clients and four city and state, agency commissions. The public and client response has been overwhelmingly positive to our works. We have designed each of the projects to reflect both the surrounding influences of architectural reference and paying close attention to contextual design. In this way each work resonates with its particular environment. By working through a wide and varied stylistic vocabulary as well as a variety of materials, processes and themes, our work has broadened. We believe that public artwork should reflect a character of place, make a positive influence on the people that use and inhabit these areas, create an integrated platform for art in our public spaces and make our living, playing and working spaces a mix of color, culture and heart. GEORGE PETERS 815 SPRUCE STREET, BOULDER, COLORADO 80302 TEL 3 03-449-3002 TEL/FAX 303-442-9025 Email: airworks@concentric,net BORN Chicago, Illinois 1949 EDUCATION Fullerton College, Fu[lerton, Califomia 1967-1969 AA Art Center College of Design, Los Angeles, California 1969-1971 Aegina Art Center, Aegina Greece 1972 OCCUPATIONAL Visual Artist, Sculptor, Craftsman, Fiber Artist, Aerial Sculpture, EXPERIENCE Installation Sculpture, Environmental Sculpture, Graphic Arts, Illustration, Photography, Film Animation, Digital Imaging, Architectural Modeling, Intedor Space Besign, Kite making, Theater Set and Costume Besign INSTITUTIONAL University of Arizona, LBrary and Special Collections, Tucson, Adzona - 2001 - in progress & CORPORATE Tokyo Bay Hilton, Tokyo, Japan 1999 COMMISSIONS University of Colorado Health Sciences Cancer Center, Benver, Colorado - 2000 &COLLECTIONS Arapahoe Community College, Littteton, Colorado - 2000 Wyoming State Hospital, Evanston, Wyoming - 2001 - in progress City of Longmont Recreation Center - 2001 - in progress City of Grand Junction, Colorado - City Hall - 2000 University of Colorado, Colorado Spdngs - 1998 Front Range Community College, Harmony Library, Fort Collins, Colorado 1999 College Hill Library, Westminster, CO 1998 Occupational Health and Safety Laboretodes, Portland, Oregon 1997 Desert Sage Branch Library, Phoenix, Adzona 1997 Presbyterian/St. Lukes Hospital, Denver, Colorado 1990 Downtown Boulder Mall Commission, Boulder, Colorado 19 Shdners Hospital for Cdppled Children, Boston, Massachusetts 1996 Collage Children's Museum, Boulder, Colorado 1994, 1999 Fiddler's Green Amphitheater, Englewood, Colorado 1995, 1990 Colorado College Department of Science, Colorado Springs, Colorado 1988 Prentice Point, Denver Technological Center 1988 Metmpoint, Denver Technological Center 1988 Equitable Life Properties, Seventeenth Street Plaza, Denver, Colorado 1988 Fort Lewis College, Durango, Colorado 1988 City of Sitverthome Town Hall, Silverthome, Colorado 1987 State of Colorado Department of Education Offices, Denver, Colorado 1987 Kaiser Permanente Medical Offices, Broomfield, Colorado 1987 Museum of Outdoor Arts, Englewood, Colorado 1986 John Madi:ien Company, Engleweod, Colorado 1986 Kaiser Permanente Medical Offices, Lakewood, Colorado 1986 Rouse Company, The Shops at Tabor Center, Denver, Colorado 1984 Honolulu Advertiser, Honolulu, Hawaii 1980 Contemporary Arts Center, Honolulu, Hawaii 1979 Hawaii State Foundation on Culture and the Arts 1979 Honolulu Academy of Arts 1978 .. Castle and Cook, Honolulu, Hawaii 1978 EXHIBITIONS AIR AND LIGHT - Aris Benicia Center, Benicia, California, 1997 SOLO CROSS WIND TUNNEL ~ Lake George Arts Project, Lake George, New York 1991 AIR SHOW- Contemporary Arts Center, Honolulu, Hawaii 1981 SKY SCULPTURE - Hand and Spirt Crafts Gallery, Scoftsdale, Adzona 1981 KITES, CLOUDS & CURTAINS - The Foundry, Honolulu, Hawaii 1977 SELECTED COLORADO 1990 - Denver Art Museum REGIONAL & '84 BIENNIAL EXHIBITION - Colorado Spdngs Art Center NATIONAL SCULPTURE IN THE PARK'1983, 1984- Boulder Center for the Visual Arts JURIED SHOWS MEN LOOK AT WOMEN - 1983 - Contemporary Arts Center, Honolulu, Hawaii MARIETTA CRAFTS NATIONAL - 1980 - Marietta College, Ohio RUTGERS NATIONAL DRAWING - 1979 - Rutgers University, New Jersey ART HAWAII SHOWCASE - 1976 -Honolulu Academy of the Arts, Hawaii SELECTED 1999 COLORADO ABSTRACTION ISTS - 1999 - Arvada Center for the ads & INVITATIONAL Humanities, Arvada, CO ~HIBITIONS ELEMENTAL ENERGY - 1999 - Museum of Outdoor Arts, Englewood, CO CAMERAEYE VOYURAGE - 1998 - Houston Center for Photography, Houston, TX - 1998 Foto Fest Collaboration with Melanie Walker TWO INSTALLATION SCULPTORS - 1987 - Gallery of Contemporary Art, University of Colorado, Colorado Springs, CO COLORADO ARTIST-CRAFTSMAN - 1987 ~ Renwick Gallery, Smithsonian Institution, Washington, DC OBJECTS AND PLACE - 1988 - Sibell-Wolie Gallery, University of Colorado, Boulder, CO FLYING OBJECTS - 1985 - Boulder Center for the Visual Arts, Boulder, CO THREE COLORADO ARTISTS - 1984 - Arvada Center for the Arts & Humanities, Arvada, CO ENVIRONMENTAL INSTALLATION - 1984 - University of Hawaii Art Gallery, Honolulu, Hawaii ICE AND AIR SHOW - 1982 - Lake George Project. Lake George, NY COLLABORATION ARTISTS AND WRITERS - I981 - Contemporary Ar[ Center, Honolulu, Hawaii AWARDS Colorado Council on the Arts and Humanities Creative Fellowship Award 1986 Art Hawaii Showcase Purchase Award 1976 Hawaii Craftsmen's Annual Show Jurer's Award 1980,1981 Hawaii Ptintmaker's Annual Show Juror's Award 1979 SPACE SAILS-Jurer'sAward 1982 CURATOR ART KITES - Boulder Museum of Contemporary Art, Boulder, Colorado - 1997 KITES - Arvada Center for the Ads and Humanities, An/ada, Colorado - 1994 WORD - Book Art of Clare Forster, Boulder Museum of Contemporary Art - 1994 JUROR COLLEGE ART - Amfac Plaza Gallery, Honolulu, Hawaii PERFORMANCE NIGHT HOUSE - U.C. Denver Theater and Boulder Museum of Cont. Art 1988 CIRCUS LUMINA - Shadow Puppet Theater- Boulder Museum of Cont. Art 1998 HOUSE OF BIRDS - Shadow Puppet Theater- Boulder Public Library 1998 THEATER David Taylor Dance Theater - Costume & Set Design WORKS RAINFOREST BALLET- 1995 & 1996 NUTCRACKER BALLET- 1991 through 1999 BALI ABUNG- 1990 SHAMAN CACOON - 1988 Denelle Helander Company - Set Design - TIME - 1995 Nancy Smith Hall - Set Design - Theater of the Vampires - 1990 Nancy Spanier Dance Theater- Set Design - CROSS SAILS - 1983 MELANIE WALKER 815 SPRUCE STREET, BOULDER, COLORADO 80302 TEL 3 03-449-3002 TEL/FAX 303-442-9025 Email: airworks@concentric.net BORN: December 10, 1949 - Glendale, California EDUCATION: M.F.A. Florida State University, Tallahassee, Florida, 1975 B.A. San Francisco State University, San Francisco, Calif., 1972 OCCUPATIONAL ARENAS: Artist, Sculptor, Costumer, Installation Sculpture, Interactive Environmental Installations, Photographer, Digital Imaging, Tenured Professor of Ar[, Curator and Archivist SPECIALIZATION'S: Historic Photographic Processes, Digital imaging, costume Design, Puppetry, Public Ar[ SELECTED AWARDS Colorado Council for the Arts Visual Arts Fellowship, 1996 National Endowment for the Arts - Photography Fellowship, 1995 Aaron Siskind Foundation Fellowship, 1992 Al Smith Fellowship in New Genres, 1992 Southern Arts Federation Sculpture Fellowship, 1991 NEA Inter-Arts Grant, Administered by New Langton Arts, San Francisco, Calif., 1989 Polaroid Materials Grant, 1987 and 1988 SELECTED PERMANENT COLLECTIONS SMITHSONIAN MUSEUM OF AMERICAN ART, Washington, BC PRINCETON ART MUSEUM, Aaron Siskind Archive, Princeton, NJ LOS ANGELES COUNTY MUSEUM OF ART, Los Angeles, Calif. FRIENDS OF PHOTOGRAPHY, San Francisco, Calif. CENTER FOR CREATIVE PHOTOGRAPHY, Tucson, Arizona. POLAROID CORPORATION, Cambridge, Massachusetts CHRYSLER MUSEUM OF ART, Norfolk, Virginia SAN FRANCISCO MUSEUM OF ART, San Francisco, Calif. ST. PETERSBURG MUSEUM OF ART, St. Petersburg, Florida GRAHAM NASH COLLECTION. Los Angeles, Calif. SELECTED COMMISSIONS: 2001: Aurora Community College, Aurora, CO University of Central Florida, Classroom Building, Orlando, FL University of Arizona, Special Collections Library, Tucson, AZ - in progress 2000: University of Colorado Health Sciences Cancer Center, Fitzsimmons Medical Center, Denver Arapahoe Community College, Littteton, CO City of Grand Junction, City Hall, Grand Junction, CO 1998: Front Range Community College, Westminster, CO, Campus Center Entryway University of Calorado at Colorado Spdngs, Columbine Hall 1996: Osha Laboratory, Portland, OR SELECTED ONE PERSON EXHIBITIONS 1998: Camerye Voyeurage, Houston Cneter for Photography, Houston, TX 1997: Paths Home, O'Sullivan Art Center, Regis University, Denver, CO 1996: Home on the Range, Boulder Museum of Contemporary Art, Boulder, CO Personifications, Museum of Art, University of Oregon, Eugene, OR 1995: Myopic Mythologies, Griffin Fine Ar[s, Costa Mesa, Calif. 1992: Rhode Island School of Design, Providence, Rhode Island 1991: Intersection for the Ar[s, San Francisco, Calif. Melanie Walker Page 2 1988: Aaron Arts Center, Mills College, Oakland, Calif. 1981: Lightsong Gallery, University of Arizona, Tucson, AZ 1978: Ugh~ork Gallery, Syracuse University, Syracuse, New York SELECTED GROUP EXHIBITIONS: 2000: AMERICAN PERSPECTIVES, Tokyo Metropolitan Museum of Art, Tokyo, Japan PUBLIC ART, Nexus Art Center, Philadelphia, PA THE HOUSE FORM: A UNIVERSAL SYMBOL, Target Gallery, Alexandria, VA THROUGH THE LOOKING GLASS, Very Special Arts, Tampa, FLA 1998: MEMORY, Soil Gallery, Seattle, Washington 1997: NOTIONS OF THE 19TH CENTURY, Huntington Beach Art Center, Huntington Beach, CA 1996: EXPOSURE 2, An electronic exhibition, Atlanta, GA INSPIRATIONS, Artists Beyond Disabilities, Los Angeles, CA WOMEN ON LINE, An Intemet/Web exhibition, originating from Belling, China 1994: LURE OF THE LOCAL, University of Colorado Art Gallery, Boulder, CO WOMEN'S WORK, Boulder Dance Collective, Boulder, CO INSPIRATIONS, Brea Civic Center, Brea, CA 1993: VISUAL ARTS FELLOWSHIP WINNERS, Owensboro Museum of Art, Owensboro, KY THE END OF THE MILENNIUM, Tallahassee, FL FROM THE BONINO COLLECTION, Palm Springs Desert Museum, Palm Springs, CA 1992:WOMEN FROM THE COLLECTION, Center for Creative Photography, Tucson, AZ SELECTIONS, Photokina, Cologne, Germany WOMEN'S ART - WOMEN'S LIVES, Suny Oneonta, Oneonta, New York FELLOWSHIP EXHIBITION, Atlanta College of Art, Atlanta, GA 1991: SHOWCASE '91, Louisville Art Association, Louisville, KY IMAGES OF GENDER, Images Gallery, Cincinnati, OH 1990: SOUNDNISlON, Center oe Contemporary Arts, Seattle, WA CHAIN REACTION, San Francisco Ads Commission, Sand Francisco, Calif. 1989: URBAN ANIMALS, Lee and Lee Gallery, San Francisco, Calif. RE;MOVING INVISIBLE BARRIERS, ATA Gallery, San Francisco, Calif. 1988: RE:REPRESENTATION-CONCEPTION/PERCEPTION, Fullerton Museum, Fullerton, Calif. BLUMEN: Selections from the Polaroid Collection, Frankfurt, West Germany CALIFORNIA WOMEN IN PHOTOGRAPHY, Traveling Exhibition organized by Axiom Gallery, Cheltenham, England 1986: IMAGE AND PROCESS, Stanford Museum of Art, Palo Alto, Calif. 1985: THE POAROID PROJECT, Fdends of Photography, Carmel, Calif. 1984: ALTERNATIVES, Chrylser Museum of Art, Norfolk, Virginia REVIVAL, Phoenix Art Museum, Phoenix, AZ 1982: RECENT ACQUISITIONS, CenterforCreative Photography, Tucson, AZ 1976: PHOTO/SYNTHESIS: Herbert F. Johnson Museum of Art, Ithica, New York New Photgraphics, Central Washington State University, Ellensburg, Washington. 1975: NEW ORLEANTS ART BIENNIAL, Del Gato Museum of Art, New Orleans, Loisiana: FLORIDA PHOTOGRAPHERS, A Traveling Exhibition by the Jacksonville Museum of Art, Jacksonville, Florida. SELECTED LECTURES/WORKSHOPS Speos Photgrpahic Institute, Pads, France 1995 Rhode Island School of Design, 1992 Exploratorium, San Francisco, Calif. 1989 & 1990 Mills College, Oakland, Calif., 1988 Syracuse University, Syracuse, New York, 1988 '. Derbyshire College for Higher Education, Derby, England, 1986 Fine Print Workshop, Fiends of Photography, Carmel, Calif., 1984 Society for Photographic Education, National Conference, Riverside, Calif., 1984 Atlanta College of Art, Atlanta, Georgia, 1980 University of Utah, Salt Lake City, Utah, 1979 Lightwork Gallery, Syracuse, New York, '1978 Society for Photographic Education, National Conference, Asilomar, Calif., 1978 REFERENCES FOR AIRWORKS WORKS BY GEORGE PETERS & MELANIE WALKER Roberta Bloom Director, Ad in Public Places Program Colorado Council on the Arts 750 Pennsylvania Street Denver, CO 80203 (303) 894-2617 Ext. 20 Barbara Neal, Public Art Consultant Colorado Council on the Arts 750 Pennsylvania Street Denver, CO 80203 (303) 830-8791 email-barbneal@mindspdng.com Marie Navarre Director, Ar[ in Public Places Program Phoenix Art Commission 200 W. Washington - 10th Floor Phoenix, AZ 85003 (602) 262-4637 Cynthia Madden-Lietner, Director Museum of Outdoor Arts 1000 Englewood Park~vay Suite 2-230 Englewood, CO 80110 (303) 806-0444 Martha Bennet, Architect Bennet Wagner & Grody Architecture 1123 Aurada Parkway Suite 123 Denver, CO 80204 303-623-7323 Hugh Brown, Architect Davis Partnerships 2301 Blake Street Suite 100 Denver, CO 80205 - 2108 (303) 861-8555 Karen Ripley Director- Performance Art Series Boulder PubLic Library PO Drawer H Boulder, CO 80306 (303) 441.4114 RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL TO THE SAN DIEGO PORT DISTRICT FOR FINAL APPROVAL AND FUNDING OF TWO PUBLIC ART PIECES, "IN- DEPENDENCE" AND "FEATHERWIND", FOR PLACEMENT ON THE CHULA VISTA BAYFRONT WHEREAS, in December 2001, the City Council accepted a report from the Cultural Arts Commission outlining a selection process for a piece of monumental public art to be placed on the Chula Vista Bayfront under the auspices of the Port of San Diego's Public Arts Program; and WHEREAS, the process began with the creation of a Public Art Task Force appointed by the Cultural Arts Commission; and WHEREAS, the Task Force was charged with the task of selecting a piece(s) of public art for the City's Bayfront thru an RFP process; and WHEREAS, after completing the process and receiving pUblic input from two Town Hall meetings, the Task Force selected two public art projects to be carried forward to the San Diego Port District for their approval; and WHEREAS, at the May 13, 2002 meeting, Commission recommended that the City Council choices selected by the Public Art Task Force. the Cultural Arts approve the two NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby the submittal to the San Diego Port District for final approval and funding of two public art pieces, "In-Dependence" and "Featherwind", for placement on the Chula Vista Bayfront. Presented by Approved as to form by .~i:= John M. Kah ny City Attorney David Palmer Deputy City Manager J:\Attorney\Reso\Port District Public Art 9-35