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HomeMy WebLinkAboutReso 1986-12778leas9 return to: ~nnie M. Falasz ity Clerk O. Box 1087 hula Vista, CA 201 - 0 17. 3 RESOLUTION NO. 12778 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBDIVISION IMPROVEMENT AGREEMENT AND SEPARATE AGREEMENTS IN WHICH THE PROPERTY OWNERS AGREE TO ADHERE TO SPECIFICATIONS REGARDING ONGOING MONITORING OF HAZARDOUS WASTES AND AGREE NOT TO PROTEST FORMATION OF IMPROVEMENTS DISTRICTS FOR OTAY VALLEY ROAD WIDENING AND IMPROVEMENT OR FOR PROVIDING INCREASED SEWER CAPACITY TO THE OTAY VALLEY BETWEEN THE CITY OF CHULA VISTA AND RIO OTAY INDUSTRIAL VENTURE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Subdivision Improvement Agreement between THE CITY OF CHULA VISTA, a municipal corporation, and RIO OTAY INDUSTRIAL VENTURE, dated the 9th day of October, 1986 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA and RIO OTAY INDUSTRIAL VENTURE, dated the 9th day of October, 1986 waiving the right to protest the formation of a sanitary sewer district and/or a street improvement district for the widening of Otay Valley Road, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that those certain agreements between THE CITY OF CHULA VISTA and THE DARLING DELAWARE COMPANY, and RIO OTAY INDUSTRIAL VENTURE, regarding adherence to specifications regarding ongoing monitoring of hazardous waste, copies of which are attached hereto and incorporated herein, as though fully set forth herein, be and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by T~mas J. H~ron, City Attorney 2104a 17 4 ADOPTED AND CHULA VISTA, CALIFORNIA, this 14th 19 86 , by the following vote, fo-wit: AYES: Councilmembers NAYES: Counci 1 members ABSTAIN: Counci lmembers ABSENT: Counci lmembers APPROVED BY THE CITY COUNCIL OF October d~' of. THE CITY OF Moore, Cox, McCandliss, Halcolm, Campbell None None None ~~Ci;y arC'hula Vista City Clerk ~' ~ · FATE Of CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CiTY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY RESOLUTION NO. that the above and foregoing is a full, true and correct copy of 12778 ,and that the same has not been amended or repealed CIIY OF CHULA VISTA city Cl.rk CC-660 1700 SUBDIViSiON IMP~OVEI~NT AGREEMENT 86 / THIS AGRE~ENT, made and enter~ into this Z~Y~C0~ra l ~ , 19~, by and between THE CI~ OF CHU~ VISTA, a municipal ~orporatlon, hereinafter call~ "City", and RIO OTAY INDUSTRIAL VENTURE, 4330 La Jolla Village Drive, ~200, La Jolla, California 92122 NOF~ hereinafter called "Subdivider"; W I TN E S SETH : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as RIO OTAY INDUSTRIAL PARK (Chula Vista Tract 82-11) pursuant to the provision of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No.10835 , approved on the 20th day of April , 1982 , and Form No. CA-410 Revised 12/82 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the City Engineer as shown on Drawings No. 86-426 through 86-432 inclusive on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of ONE MILLION ONE HUNDRED SEVENTY SIX THOUSAND DOLLARS AND NO CENTS ($1,176,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said subdivision. 4. It is expressly understood and agreed that Subdi- vider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by ali of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIVE HUNDRED EIGHTY EIGHT THOUSAND DOLLARS AND NO CENTS ($588,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIVE HUNDRED EIGHTY EIGHT THOUSAND DOLLARS AND NO CENTS ($588,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIVE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($5,300.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- 17 3 11. It is ~urther understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alley, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the dive~sion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- '14. In lieu of submitting bonds simultaneously with the execution of this agreement, Subdivider may submit the bonds to guarantee the subdivision agreement after Council approval of the subdivision map, but prior to the City releasing the map for recordation. 15. It is the City's intent to allow the improvements in Otay Valley Road to be deferred, should such deferral be requested, and providing the deferred improvements are secured by cash bond, lien agreement, or other method of security approved by the City Engineer. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~1'~' /~f, Chula Approved as to form by SUBDIVIDER: RIO OTAY INDUSTRIAL VENTURE (~ty Attor~ (Attach Notary Acknowledgment) -5- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On the gA day of ~~ , 1986, before me, the undersigned, a Notary Public in and for said State and County, personally appeared ALBION B. DEBREE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of RANCHO SANTA FE BUILDERS, INC., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venture partners of RIO OTAY VENTURE, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same as such joint venture partner and that such joint venture executed the same. WITNESS my hand and official seal. ~1/~ SUSAN V D[CKSON J( ~ My comm. expires MAY 19, ]989 ]~ ( SEAL ) Notary Public STATE OF CALIFORNIA ) ) SS. COHNTY DI OO I the undersigned, a Notary Public in and for said State and County, personally appeared ANTHONY R. REED, personally known to me (or proved to me on the basis of satisfactory evidence) to be one of the general partners of S.0.R.D. FINANCIAL, the general partnership that executed the within instrument, and acknowledged that such partnership executed the same. WITNESS my hand and official seal. j ~ OFFICIAL }[/;zL__i,k%_~ SUSAN V DICKSON ~ NOTAKg' PUBLIC - CALIFORNIA ~ '~ My comm. expires r~AY I9, 1989 (ss~) Notary Pu]3 lic 1711 LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance: For~: Amount: Improvement Security - Material and Labor: Form: Amount: Improvement Security - Monuments: Form: Amount: Securities~approved as to form and amount by ~/ ~y Attorney Improvement Completion Date: AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OWNER OF TENTATIVE MAP 82-11 of f THIS AGREEMENT made and entered into this ~/X day j~, 1986, by and between THE CITY OF CHULA VISTL a municipal corpora~inafter called "City" and Rio Otay Industrial Venture, a joint venture, whose address is 4330 La Jolla Village Drive, Suite 200, San Diego, California 92122, hereinafter called "Property Owners". W I TNESSETH : WHEREAS, Rio Otay Industrial Venture is the owner of property designated as Chula Vista Tentative Map 82-11 and WHEREAS, a condition of the Tentative Map authorizing the subdivision of said property is that property owners shall adhere to the specifications related to ongoing monitoring of waste disposal site, as specified in Order No. 80-06 of the California Regional Water Quality Control Board. NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree on their behalf and on the behalf of their successors in interest to that property described as Chula Vista Tentative Map 82-11 in the City of Chula Vista, California, adhere to the specifications related to ongoing monitoring of waste disposal site, as specified in Order No. 80-06 of the California Regional Water Quality Control Board (attached hereto and made a part hereof). 2. The City of Chula Vista agrees that Property Owners have satisfied the conditions of approval of Chula Vista Tentative Map 82-11 relating to ongoing monitoring of hazardous waste. IN WITNESS WHEREOF, the parties hereto have caused agreement to be executed the day and year first hereinabove set forth. X/ Atto~y City this Rio Otay Industrial Venture STATE OF CALIFORNIA ) ) sS. COUNTY OF SAN DIEGO ) On the ~ day of ~O~fJ~ , 1986, before me, the undersigned, a Notary PuJDlic in and for said State and County, personally appeared ALBION B. DEBREE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of RANCHO SANTA FE BUILDERS, INC., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venture partners of RIO OTAY VENTURE, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same as such joint venture partner and that such joint venture executed the same. WITNESS my hand and official seal. ( SEAL ) Notary Public STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On the ~ day of ~C~ , 1986, before me, the undersigned, a Notary Public in and for said State and County, personally appeared ANTHONY R. REED, personally known to me (or proved to me on the basis of satisfactory evidence) to be one of the general partners of S.O.R.D. FINANCIAL, the general partnership that executed the within instr%Lment, and acknowledged that such partnership executed the same. WITNESS my hand and official seal. ~'/. "~ SUSAN V DICKSON I~ SEAL) Notary Public CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD ,SAN DIEGO REGION ORDER NO, 80-06 CLOSURE REQUIREMENTS FOR THE OMAR' RENDERING COMPANY DUMPSITE IN THE OTAY RIVER VALLEY The California Regional Water Quality Control Board, San Diego Region thereafter Regional Board), finds that: On July 28, 1959, this Regional Board adopted Resolution 59-R15, allowing the discharge of liquid Class I industrial chemical wastes to ponds located on the property of the Omar Rendering Company. Disposal activity at the disposal site was discontinued by Ju~y 1978. ~ile in operation, the site received approximately one million gallons per year of various Group I wastes including chromic acid, nitric acid, alkaline solutions, and carbide lime wastes. Following cessation of operations: all liquids remaining in the disposal ponds were removed from the San Diego Region, leaving accumulated settled residues in the pond areas. The oond areas were then covered with topsoil. The Omar Rendering Company dumpsite is located in the N~ of the ~ of Section 19, T18S, R~{, SBB~M, on the north side of 0ray Valley Road approxi- mately ~ mile east of Oleander Avenue. The site is in the Otay River Valley, six miles downstream from Lower Otay ReservoiK in the Otay Hydrologic Subunit of the Otay Hydrologic Unit. 5. The site is underlain by a veneer of terrace deposits overlying San Diego formation sandstone, conglomerates, and bentonitic clays. Ponds keyed into the bentonitic clays provide adequate barriers to hydrologic continuity for this site to have been given a Class I designation. The San Diego formation locally contains generally connate, high chloride groundwaters. Occasionally along this formation's contact ~M_th 0ray River stream gravels, it contains freshwater. The San Diego formation is moderately erodible and is normally a problem only when it has been disturbed by heavy equipment. There is an estimated 20 acres of steep, southfacing watershed above the site hax~ng an average annual precipitation of 11 inches. 6. The'~ompr~hensive Water Quality C~trol Plan Report, San Diego Basin (9)" (Basin Plan), adopted by this Re~iona! Board on March 17, 1975, and approved by the State ~:ater Resources Convrol Board on March 20, 1975, and updated by this Regional Board on February 27, 1978, established waster quality objectives to protect the beneficial uses for surface and grour, d waters in the Otay Hydrologic Subunit. Order No. 80-06 -2- 10. ll. Section 2535 of the California Administrative Code states, in part: "The methods used to close a site and assure continuous protection of the quality of surface and gro:~nd waters shall comply with waste discharge requirements established hy the Regional Board. "The owner of the waste disposal site shall have a continuing responsibility to assure protection of usable waters from the waste discharge, and from gases and leachate that are caused by infiltration of precipitation or drainage waters into the waste d/sposal areas or by infiltration of water applied to the waste disposal areas during subsequent use of the property for other purposes." The establishment of minimum criteria for proper closure of waste disposal sites is desirable to protect the quality of the waters of the State and to alert site owners and operators as to their specific responsibilities. The Regional Board has notified the Omar Rendering Company and all known interested parties of its intent to prescribe closure requirements for the Omar Rendering Company dumpsite. The Regional Board in a public meeting heard and considered all comments pertaining to the dumpsite c!osu-~e. The Omar Rendering Company Dumpsite constitutes an ongoing project in accordance with the provisions of the California Environment=-I Qus-lity Act (Subehapter 17, Chapter 3, Title 23, Section 2715 of the California Administrative Code) and the State Guidelines because the governmental approvals on or after April 9, 1973, do not involve a greater degree of responsibility or control than the governmental approvals received prior to that date. IT IS HFRFBY ORDFRED, Tha~ the Omar Rendering Company shall comply with the following closure requirements for its fo_rmer Class I dumpsite: A. CLOSURE SPECIFICATIONS: 1. Ail disposal areas shall be compacted and provided ~ith a final cover of 'at least three feet of clean soil. At least one foot of the final a~a~n permeability no greater than cover shall be compacted to ~ ' a 10-Scm/sec. 2. Disposal areas shall be graded and maintained to prevent surface ponding and to provide cover slopes of at least three percent. Steep areas, surface drainage cou-~ses, or other areas subject to erosion shall be pro~ided with a lining, or planted with vegetation, or otherwise designed to prevent such erosion. Disposal area cover slop-=s shall be designed to minimize the potential for sliding by control of grades, drainage, or other means. Any slides ~ ~-,~ in the dis~osa! a~--s ~;~1 be pror.ptly st~bi!ized, and the -~x_~.e'~'~'" O~lcer~' of the Regional Board shall be notified i:~mediately upon discovery of a slide. Order No. 80-06 -3- Bo o All necessary faciliti~ shall be provided to ensure that leachate from Group I waste residues and ponded water containing leachate are not dis- cha~ged to the Otay River or tributaries thereto. 5- All necessary facilities shall be provided to prevent groundwater degradation resulting from leachate discharges. 6. The migration of possible hazardous gases shall be controlled as necessary to prevent a public health hazard or the creation of a nuisance. 7. Ail disposal areas shall be protected against 100-year frequency pe~k stream flows as defined by the San Diego County flood control agency. o All disposal areas shall be protected against erosion, overland runoff, and other impacts resulting from a 100-year frequency 24-hour storm. PROVISIOHS The discharger shall comply with Monitoring and Reporting Program N~ 80-06 as specified by the Executive Officer. Unless otherwise specified, the Monitoring and Reoorting Program shall take effect upon adoption of this Order. In accord with the provisions of Section 13267~'~ of the Water Code~ the monitoring reports shall be submitted under pena~ of perjury. The discharger shall grant admission to the premises of the waste treat- ment and disposal facilities to members of this Regional Board and its staff at such times as may be necessary in the conduct of their duties in connection with the closure requirements established herein. o The Regional Board considers the current property ovmers or any new owners to have a continuing responsibility for correcting any problems associated with this waste disposal site during subsequent use of the land for other purposes. o Closure requirements shall remain applicable regardless of changes in ownership or lessee. A change in ownership shall be reported promptly to this Regional Board by letter. Within 60 days of the adoption of this closure order, the discharger must submit a technical report to the Regional Board in accord with the provisions of Section 2535 of Subchapter 15, Chapter 3, Title 23, of the California Administrative Code. This report shall be prepared by or under the supervision of a registered engineer or a certified engineering geologist. The report shall contain a rcquirement-by- requirement analysis of how compliance with the Closure Specifications of this Order is to be achieved. The report must be accompanied by a map of the site which should show the following: a. The boundaries of areas aseu for waste disposal b. Locavion of Froposed !eachaue monitorin~ points Order No. 80-06 Upon acceptance of the-technical report, the Executive Officer shall designate the leachate monitoring points to be utilized for Monitoring and Reporting Program No. 80-06. 6. Resolution 59-R!5 is hereby rescinded. C. NOTIFICATION These requirements have not been officially reviewed by the Environmental Protection Agency as required by Federal Law (Public Law 92-500 ahd 95-217) and are not issued pursuant to Section 402 of the Clean Water Act as amended in 1977. I, Leor~Lrd Burtman, Executive Officer, do hereby certify the foregoing is a full, tr~e, and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Diego Region~ on Janum_~j 28, 1980. Leonomd Bu~tman · Executive Officer AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OWNER OF TENTATIVE MAP 82-11 THIS AGREEMENT made and entered into this /ii ~ day of ~, 1986, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and The Darling Delaware Company, a Delaware Corporation, whose mailing address is Post Office Box 24407, San Francisco, California 92124, hereinafter called "Property Owners". WITNESSETH : Corporation 82-11 and WHEREAS, The Darling Delaware Company, a Delaware is the owner of property designated as Chula Vista Tentative Map WHEREAS, a condition of the Tentative Map authorizing the subdivision of said property is that property owners shall adhere to the specifications related to ongoing monitoring of waste disposal site, as specified in Order No. 80-06 of the California Regional Water Quality Control Board. NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree on their behalf and on the behalf of their successors in interest to that property described as Chula Vista Tentative Map 82-11 in the City of Chula Vista, California, adhere to the specifications related to ongoing monitoring of waste disposal site, as specified in Order No. 80-06 of the California Regional Water Quality Control Board (attached hereto and made a part hereof). have satisfied the conditions of approval of Chula Vista Tentative Map relating to ongoing monitoring of hazardous waste. IN WITNESS WHEREOF, the parties hereto have caused agreement to be executed the day and year first hereinabove set forth. Ap;;~o form by: The City of Chula Vista agrees that Property Owners 82-11 this The Darli Del aware C J OFF!CIA~ ftECORD,"'> OWNER OF TENTATIVE MAP 82-11 -, VERA ~. LYLE OUNfY RECORDER THIS AGREEMENT made and entered into this ~/~ ~ day NO~ of , 1986, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and The Darling Delaware Company, a Delaware Corporation, whose mailing address is Post Office Box 24407, San Francisco, California 92124, hereinafter called "Property Owners". W I TNESSETH : Corporation 82-11 and WHEREAS, The Darling Delaware Company, a Delaware is the owner of property designated as Chula Vista Tentative Map WHEREAS, a condition of the Tentative Map authorizing the subdivision of said property is that property owners shall adhere to the specifications related to ongoing monitoring of waste disposal site, as specified in Order No. 80-06 of the California Regional Water Quality Control Board. NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree on their behalf and on the behalf of their successors in interest to that property described as Chula Vista Tentative Map 82-11 in the City of Chula Vista, California, adhere to the specifications related to ongoing monitoring of waste disposal site, as specified in Order No. 80-06 of the California Regional Water Quality Control Board {attached hereto and made a part hereof). 2. The City of Chula Vista agrees that Property Owners have satisfied the conditions of approval of Chula Vista Tentative Map 82-11 relating to ongoing monitoring of hazardous waste. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. The Darl~d~g Delaware c°mlTady 1715 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD .SAN DIEGO REGION ORDER NO. 80-06 CLOSURE REQUIREMENTS FOR THE OMAR RENDERING COMPANY DUMPSITE IN THE OTAY RIVER VALLEY The California Regional Water Quality Control Board, San Diego Region thereafter Regional.Board), finds that: On July 28, 1959, this Regional Bo~_rd adopted Resolution 59-R15, allowing the discharge of liquid Class I industrial chemical wastes to ponds located on the property of the 0mst Rendering Company. Disposal activity at the disposal site was discontinued by July 1978. ~ile in operation, the site received approximately one million gallons per year of various Group I wastes ineludin~ chromic acid, nitric acid, alkaline solutions, and carbide lime wastes. Following cessation of operations, all liquids remaining in the disposal ponds were removed from the San DieEo Region, leaving accumulated settled residues in the pond areas. The pond areas were then covered with topsoil. The Omar Rendering Company dumpsite is located in the N~ of the ~ of Section 19, T18S, R~, SBB~M, on the north side of Otay Valley Road approxi- mately ~ mile east of Oleander Avenue. The site is in the Otay River Valley, six miles downstream from Lower Otay Reservoi~ in the 0ray Hydrologic Subunit of the 0tay Hydrologic Unit. The site is underlain by a veneer of terrace deposits overlying San Diego formation sandstone, conglomerates~ and bentonitic clays. Ponds keyed into the bentonitic clays provide adequate barriers to hydrologic continuity for this site to have been given a Class ! designation. The San Diego formation locally contains generally connate~ high chloride groundwatcrs. Occasionally along this formation's contact ~th 0ray River stream gravels, it contains freshwater. The San Diego fornation is moderately erodible and is normally a problem only when it has been disturbed by heavy equipment. There is an estimated 20 acres of steep, southfaclng watershed above the site ha~ng an average annual precipitation of ll inches. The'Comprehensive Water Quality C~:trol PZan Report, San Diego Basin (9)" (Basin Plan), adopted by this Regional Board on March 17, 1975, and approved by the State ~.:ater Resources Control Board on March 20, 1975, and updated by this Regional Board on February 27, 1978, established waster quality objectives to protect the beneficis! uses for surface and ground waters in the Otay Hydrologic Subunit. 0~der No. 80-06 -2- 1716 7- Section 2535 of the California A~m~v~strative Code states, in part: "The methods used to close a site and assure continuous protection of the quality of surface and gro:mnd waters shall comply with waste discharge requirements established by the Regional Board. "The o-muer of the waste disposal site shall have a continuing responsibility to assure protection of usable waters from the waste discharge, and from gases and leachate that are caused by infiltration of precioitation or drainage waters into the waste disposal areas or by infiltration of water applied to the waste disposal areas during subsequent use of the property for other purposes. 8. The establishment of minimUm criteria for proper closure of waste disposal sites is desirable to protect the quality of the waters of the State and to alert site owners and operators as to their specific responsibilities. 9- The Regional Board has notified the Omar Rendering Company and all known interested parties of its intent to prescribe closure requirements for the Omar Rendering Company dumpsite. 10. The Regional Board in a public meetinE heard and considered all comments pertaining to the dUmpsite closure. 11. The Omar Rendering Company Dumosite constitutes an ongoing project in accord~_nce with the provisions-of the California Environmental Quality Act (Subchapter 17, Chapter 3, Title 23, Section 2715 of the California Administrative Code) and the State Guidelines because the governmental approvals on or after April 9, 1973, do not involve a greater degree of responsibility or control than the governmental approvals received prior to that date. IT IS HERE~ ORDERffD, Th~$ the Omar Rendering Company shall comply with the following closure requirements for its fo_~er Class I dumpsite: CLOSURE SPECIFICATIONS: 1. All disposal areas shall be compacted and provided ~th a final cover of 'at least three feet of clean soil. At least one foot of the final cover shall be compacted to attain a permeability no greater than 10-Scm/sec. 2. Disposal areas shall be graded and maintained to prevent surface ponding and to provide cover slopes of at least three percent. Steep areas, surface drainage courses, or other areas subject to erosion shall be provided with a lining, or planted with vegetation, or otherwise designed to prevent such erosion. 3. Disposal area cover slopes shall be designed to minimize the potential for sliding by control of grades, drainage, or other means. Any slides observed in the disoosa! areas sh~!! be promptly stabilized, and the Execuzive Officer o? the Re~ionai Board shall be notifie~ i~mmediately upon discovery of a slide. 1717 Order~No. 80-06 -3- All necessary facilitiCD shall be provided to ensure that leachate from Group I waste residues and ponded water containing leachate are not dis- charged to the Otay River or tributaries thereto. 5. All necessary facilities shall be provided to prevent groundwater degradation resulting from leachate discharges. 6. The migration of possible hazardous gases shall be controlled as necessary to prevent a public health hazard or the creation of a nuisance. All disposal areas shall be protected against 100-year frequency peak strea~ flows as defined by the San Diego County flood control agency. Ail disposal areas shall be protected against erosion, overland runoff, and other impacts resulting from a 100-year frequency 24-hour storm. B. PROVISIONS The discharger shall comply ~dth Monitoring and Reporting Progrs. m N~ 80-06 as specified by the Executive Officer. Unless otherwise specified, the Monitoring and Reporting Program shall take effect upon adoption of this Order. In accord with the provisions of Section 13267C'= of the Water Code, the monitoring reports shall be submitted under penal of perjury. The discharger shall grant admission to the premises of the waste treat- ment and disposal facilities to members of this Regional Board and its staff at such times as may be necessary in the conduct of their duties in connection with the closure requirements established herein. The Regional Board considers the current property owners or any new owners to have a continuing responsibility for correcting any problems associated with this waste disposal site during subsequent use of the land for other purposes. Closure requirements shall remain applicable regardless of changes in ownership or lessee. A change in ownership shall be reported promptly to this Regional Board by letter. Within 60 days of the adoption of this closure order, the discharger must submit a technical report to the Regional Board in accord with the provisions of Section 2535 of Subchapter 15, Chapter 3, Title 23, of the California Administrative Code. This report shall be prepared by or under the supervision of a registered engineer or a certified engineering geologist. The report shall contain a requirement-by- requirement analysis of how compliance with the Closure Specifications of this Order is to be achieved. The report must be accompanied by a nap of the site which should show the following: a. The boundaries of areas ~,se. for waste disposal b. Location of proposed ieacha%e mo:~itorir, g points 0rder-2~o. 80-06 Upon acceptance of the.~echnical report, the Executive Officer shall designate the leachate monitorin~ points to be utilized for Monitoring and Reporting Pro§ream No. 80-06. 6. Resolution 59-R!5 is hereby rescinded. C. NOTIFICATION T]~ese requirements have not been officially reviewed by the Environmental Protection Agency as required by Federal Law (Public Law 92-500 a~d 95-217) and are not issued pursuant to Section 402 of the Clean Water Act as amended in 1977. I, Leonard Burtm~n, Executive Officer, do hereby certify the foregoing is a full, trtue, and correct copy of an Order adopted by the California Regional Water Quality Contro~ Board, San Diego Region, on Ja~u_a_~j 28, 1980. Leonard Burtman ' Executive Officer of ~1~'~1986, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City" and Rio Otay Industrial Venture, a joint venture, whose address is 4330 La Jolla V~llage Drive, Suite 200, San Diego, California 92122, hereinafter called "Property Owners". F'~C~Ab~R~CORPS AGREEMENT BETWEEN THE CiTY OF CHULA VISTA A~8F OWNER OF TENTATIVE MAP 82-11 WAIVING THE RI(~ NOV 17 Pt,I I: 52 TO PROTEST THE FORMATION OF A SANITARY SEWER--~ DISTRICT AND/OR- A STREET IMPROVEMENT DISTRICT VERA E ' v r -L,LE FOR THE HIDENIN6 OF OTAY VALLEY RO~D ~OUNFy RECOR[~ER FEE W I TNESSETH : WHEREAS, Rio Otay Indusrial Venture is the owner of property designated as Chula Vista Tentative Map 82-11 and WHEREAS, a condition of the Tentative Map authorizing the subdivision of said property is that property owners shall waive their right to protest the formation of a improvement district for future widening and improvement of Otay Valley Road and, WHEREAS, a condition of the Tentative Map authorizing the subdivision of said property is that property owners shall waive their right to protest the formation of a sanitary sewer improvement district for the purpose of providing adequate sewer capacity to the area. NOW, THEREFORE, IT IS MUTALLY AGREED by and between the parties hereto as follows: 1. Property Owners agree on their behalf and on the behalf of their successors in interest to that property described as Chula Vista Tentative Map 82-11 in the City of Chula Vista, California, to waive the right to protest the formation of improvement districts for the purpose of providing adequate sewer capacity to the area or for the widening and improvement of Otay Valley Road. 2. The City of Chula Vista agrees that Property Owners have satisfied the condition of approval of Chula Vista Tentative Map 82-11 relating to the formation of of a sanitary sewer improvement district for the area of Otay Valley. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. Rio Otay Industrial Venture 17 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On the gA day of ~d~ , 1986, before me, the undersigned, a Notary Public in and for s~id State and County, personally appeared ALBION B. DEBREE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of P~kNCHO SANTA FE BUILDERS, INC., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venture partners of RIO OTAY VENTURE, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same as such joint venture partner and that such joint venture executed the same. WITNESS my hand and official seal. (SEAL) Notary Public STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On the ~K day of ~d[~-~ , 1986, before me, the undersigned, a Notary Public in and for said State and County, personally appeared ANTHONY R. REED, personally known to me (or proved to me on the basis of satisfactory evidence) to be one of the general partners of S.O.R.D. FINANCIAL, the general partnership that executed the within instrument, and acknowledged that such partnership executed the same. WITNESS my hand and official seal. (SEAL) N6tary Public A: