HomeMy WebLinkAboutAgenda Packet 2004/01/27
NOTICE OF CANCELLATION
OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Public Hearing scheduled for Tuesday,
January 20, 2004, to consider:
A PROPOSAL TO AMEND SECTION 19.58.022 OF THE CHULA
VISTA MUNICIPAL CODE REGULATING ACCESSORY SECOND
DWELLING UNITS TO INCREASE THE MAXIMUM SIZE LIMIT,
MODIFY THE ON-SITE PARKING REQUIREMENTS FOR
PROPERTIES WITH NONCONFORMING USES
has been cancelled and re-schedu1ed for the Council Meeting of January 27,2004, at
6:00 p.m., in the Council Chambers, 276 Fourth Avenue, Chu1a Vista, CA, 91910.
L¿~
Donna Norriš, Assistant City Clerk
Dated: January 14,2004
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to(f1
6rown~tre uirements. ~ '~
Dated 14 0 L{ Signed
CITY COUNCIL AGENDA
January 27, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CIW OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, 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
**********
... c u. ,uur penallY of perjury that I am
.;pioyed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Bro~;-milnts.~.
Dated Sign __'¿
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
January 27, 2004
6:00 P.M.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
CONSENT CALENDAR
(Items I through 6)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of December 9, 2003, December 16, 2003,
January 6, and January 13,2004.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE
CORRUGATED METAL PIPE (CMP) REHABILITATION PROGRAM _ D STREET,
FREDERICKA MANOR, AND TWIN OAKS CIRCLE (pROJECT DR-163), AND
TRANSFERRING $42,453 FROM PROJECT STL-255 TO PROJECT DR-163
As part of the City's ongoing program to repair or replace corrugated metal drainage pipe
(CMP) prior to failure, City staff has identified certain local drainage pipes that are
corroding and in need ofrehabilitation. This project will re-line drainage facilities in the
subject area. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND A WARDING A CONSTRUCTION CONTRACT FOR THE
CORRUGATED METAL STORM DRAIN PIPE REPLACEMENT ON VARIOUS
STREETS (PROJECT DR-I61)
As part of an ongoing Citywide program to replace corrugated metal drainage pipe
(CMP) throughout the City, staff has identified a number of storm drain facilities,
primarily in the Montgomery area, which are deteriorated and in need of replacement.
This project will remove and replace those drainage facilities. (Director of General
Services, City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING A 20-FOOT-WIDE UTILITY EASEMENT TO SAN DIEGO GAS &
ELECTRIC AS NEEDED FOR THE OTAY LAKES ROAD UNDERGROUND
CONVERSION PROJECT (LY-033), ACROSS CITY-OWNED OPEN SPACE
PROPERTY LOCATED ON THE WEST SIDE OF OT A Y LAKES ROAD, SOUTH OF
BONITA ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE THE
EASEMENT
On May I, 2002, San Diego Gas & Electric submitted a letter requesting a permanent
easement along Otay Lakes Road, south of Bonita Road, over City-owned open space
property. The easement is needed to install a new steel power pole and underground
utilities related to the Otay Lakes Road underground conversion project (LY-03).
(Director of General Services, City Engineer)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS, APPROVING A FIRST
AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MAY PLANNING SERVICES FOR PROFESSIONAL
SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND
AUTHORIZING THE CITY'S PURCHASING AGENT TO EXECUTE THE
AMENDMENT
In May 2003, the City entered into a contract with May Planning Services to provide
assistance for the General Plan Update, working on several area-wide background studies
and the draft General Plan document. Preparation ofthe draft General Plan will continue
through March 2004, and this amendment will extend the contract through this time
horizon. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
6A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA
REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS
CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) (FIRST
READING)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE REDEVELOPMENT PLAN FOR THE BAYFRONT/TOWN
CENTRE I REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL
1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C)
(FIRST READING)
California Senate Bill 1045 allows the Council to extend by one year the duration of the
effectiveness and time limit to collect tax increment revenue. Adoption of the ordinances
amends the plans for the Merged Chula Vista and BayfTont/Town Centre I
Redevelopment Plans. (Director of Community Development)
Staff recommendation: Council place the ordinances on first reading.
Page 2 . Council Agenda 01/27/2004
ORAL COMMUNICATIONS
Persons spealdng 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 taldng 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 fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
7. CONSIDERATION OF A PROPOSAL TO AMEND SECTION 19.58.022 OF THE
CHULA VISTA MUNICIPAL CODE REGULATING ACCESSORY SECOND
DWELLING UNITS TO INCREASE THE MAXIMUM SIZE LIMIT, MODIFY THE
ON-SITE PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR
PROPERTIES WITH NON-CONFORMING USES
Adoption of the proposed ordinance amends the regulations for accessory second
dwelling units to allow larger units without impacting surrounding neighborhoods and to
clarifY the requirements for properties with non-conforming uses that seek to add a
second unit. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL
CODE, REGULATING ACCESSORY SECOND DWELLING UNITS, TO
INCREASE THE MAXIMUM SIZE LIMIT, MODIFY THE ON-SITE
PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR
PROPERTIES WITH NON-CONFORMING USES (FIRST READING)
BOARDS AND COMMISSION RECOMMENDATION
8. CHARTER REVIEW COMMISSION RECOMMENDATION REGARDING THE
CAMPAIGN CONTRIBUTION ORDINANCE SCHEDULED FOR CITY COUNCIL
REVIEW ON FEBRUARY 3, 2004
At a regular meeting of the Charter Review Commission held January 12,2004, a motion
was passed to support the ordinance as drafted by the Campaign Contribution Committee
and to have the ordinance take effect prior to the November 2004 special election. The
commission further recommends that the candidates for the City's elective offices be
invited to review the proposed Ordinance upon its adoption by Council.
Commission recommendation: Council support the Commission's recommendation.
Page 3 - Council Agenda 01/27/2004
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF APPROVAL OF A RESOLUTION RESCINDING COUNCIL
POLICY NO. 505-01, RELATING TO THE CITY'S PARTICIPATION IN THE 1911
BLOCK ACT PROGRAM PROCEEDINGS AND ESTABLISHING A COUNCIL
POLICY FOR THE FORMATION OF ASSESSMENT DISTRICTS WITH CITY
PARTICIPATION FOR CONSTRUCTION OF INFILL STREET IMPROVEMENTS;
AND AN ORDINANCE MODIFYING CERTAIN PROVISIONS OF THE
MUNICIPAL IMPROVEMENT ACT OF 1913, THE SPECIAL ASSESSMENT,
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 AND
THE ELECTIONS CODE
Over the past ten years, the City has formed or begun formation proceedings on five
assessment districts under the 1911 Block Act. It is anticipated that several new
assessment districts will be formed within the next two years under the western Chula
Vista infTastructure financing program. It is desirable to clarifY various issues regarding
district formation and the City's participation prior to commencement of the formation of
these districts. (Director of General Services, City Engineer)
Staffrecommendation: Council adopt the resolution and place the ordinance on first
reading.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A COUNCIL POLICY FOR FORMATION OF
ASSESSMENT DISTRICTS WITH CITY PARTICIPATION FOR
CONSTRUCTION OF 1NF1LL STREET IMPROVEMENTS AND
RESCINDING COUNCIL POLICY 505-01, PARTICIPATION BY THE CITY
OF CHULA VISTA IN 1911 BLOCK ACT PROGRAM PROCEEDINGS
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MODIFYING CERTAIN PROVISIONS OF THE MUNICIPAL
IMPROVEMENT ACT OF 1913, THE SPECIAL ASSESSMENT,
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
AND THE ELECTIONS CODE
10. REVIEW OF PROPOSED SOUTHWEST AREA GENERAL PLAN ALTERNATIVES
TO BE TESTED
On January 14,2004, the Council held a joint meeting with the Planning Commission at
which staff presented a range of proposed General Plan land use alternatives to be tested.
Those alternatives were divided into three major planning sub-areas: Northwest,
East/Otay Ranch, and Southwest. Due to time constraints, the three proposed alternatives
within the Southwest area were not addressed at that time but continued to this date.
(Director of Planning and Building)
Staff recommendation: Council direct staff to proceed with testing the proposed
alternatives.
Page 4 - Conned Agenda 01/27/2004
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
A. Discussion regarding the reappointment of Steve Jones to the California
Integrated Waste Management Board.
B. Ratification of appointment of Angel Rosario to the Safety Commission.
C. Ratification of appointment of Min-J eong Go to the Youth Commission.
D. Report on status of Economic Development Commission.
E. Discussion ofMSCP sub-area plan.
13. COUNCIL COMMENTS
. Deputy Mayor Salas: Consideration of placing a memorial in Friendship Park in
honor of former Mayor and Councilmember Will Hyde.
ADJOURNMENT to the Regular Meeting of February 3, 2004, at 4:00 p.m. in the Council
Chambers, and thence to an Adjourned Regular Meeting on February 3,
2004 at 6:30 p.m., in the John Lippitt Public Works Center, at 1800
Maxwell Road.
Page 5 - Council Agenda 01/27/2004
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COUNCIL AGENDA STATEMENT
Item -':-J
Meeting Date: 1/27/04
ITEM TITLE: Resolution Accepting bids and awarding a construction
contract for the CMP Rehahilitation Program-D Street,
Fredericka Manor, and Twin Oaks Circle (DR-163) Project and
transferring $42,453 from STL-255 to DR-163
SUBMITTED BY: Director of General Services/City Engineer &-""
REVIEWED BY: City Manager&t (4/Sths Vote: Yes_No~)
';)('"
BACKGROUND: As part of the City's ongoing program to repair or replace corrugated
metal drainage pipe (CMP) prior to failure, City staff have identified certain local
drainage pipes which are corroding and are in need of rehabilitation. The CMP
Rehabilitation Program-D Street, Fredericka Manor, and Twin Oaks Circle (DR-163)
Project wil1 reline drainage facilities in the subject area.
RECOMMENDATION: That Council adopt a resolution accepting bids and awarding
a $136,700 construction contract for the CMP Rehabilitation Program-D Street,
Fredericka Manor, and Twin Oaks Circle (DR-163) Project, to RePipe California, Inc. of
Ontario, California and transferring $42,453 from STL-255 to DR-163.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project provides for the rehabi1itation of existing corrugated metal drainage pipes of
various sizes (summarized in Table I of Attachment A), which are corroding but are still
in salvageable condition. The pipes wil1 be rehabilitated using an inflatable epoxy
impregnated liner. This newer method ofrehabilitation is both cost effective for the City,
extending the life of existing drainage facilities an average of twenty years; and is less
disruptive to drivers and property owners, since no excavation and replacement is
required. The City has a list of existing pipes that need rehabilitation with a total length
of approximately 92,500 feet. This project will replace 125 feet and wil11ine 550 feet of
existing corrugated metal storm drain pipes.
The contract work win include all labor, material, equipment, tools, transportation,
mobilization, traffic control, protection and restoration of existing improvements, and
other work necessary to construct the project in accordance with City standards.
J-l
Page 2, Item ,:...(
MeetIng Date 1/27/04
On December 10, 2003, staff received bids fTom three contractors for the construction
phase as follows:
CONTRACTOR BID AMOUNT
I. RePipe California, Inc. - Ontario, California. $136,700
2. Insituform Techn010gies, Inc. - Benecia, California $156,191
3. H.M.S. Construction - San Marcos, California $204,400
..
The low bid by RePipe California, Inc. is approximately 14% below the Engineer's
estimate of $159,540. The Engineer's estimate was based on average prices for similar
types of work completed during the last two years. References provided by the
contractor have been reviewed and their work record found to be satisfactory. After
reviewing the low bid staff recommends awarding a contract in the amount of $136,700
to RePipe California, Inc. of Ontario, California.
Disclosure Statement: Attached is a copy of the contractor's Disclosure Statement
(Attachment B).
Environmental Status: The Environmental Review Coordinator has reviewed the project
for compliance with the California Environmental Quality Act and has determined that
the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
Prevailing Wage Statement: Contractors bidding on this project were not required to pay
prevailing wages to persons employed by them for the work under this project. No
special minority or women-owned business requirements were necessary as part of the
bid documents. However, disadvantaged businesses were encouraged to bid through the
sending of a Notice to Contractors to various trade publications.
FISCAL IMPACT:
Engineering staff has estimated the total project cost to be $191,700, of which
construction is $136,700 based on the recommended low bid. By prior agreement (see
Attachment C: Council Resolution 2003-456 and Attachment E: Agreement By and
Between the City of Chula Vista and Front Porch Communities and Services), the City
and Front Porch Communities & Services ("Front Porch"), the owner of Fredericka
Manor, will share project costs as follows:
. The City's share of the contract to rehabilitate íàcilities within the City's right-of-
way is $44,900;
. Front Porch's share to rehabilitate facilities on Fredericka Manor property is
$91,800.
. Design and inspection costs will be borne by the City; however, Front Porch will
pay an $11,200 share for contingencies, bringing their total to $103,000 (detai1ed
in Attachment D).
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Page 3, Item ;<
Meeting Date 1/27/04
As agreed, Front Porch will deposit $103,000 with the City by April 15, 2004 to cover
their share of the costs. The balance of $191,700 is budgeted as part of the City's
FY2003-04 capital improvement program.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount $136,700
B. Contingencies (approximately 20%) $27,500
C. Staff Costs (Design & Inspection) $27,500
TOTAL $191,700
FUNDS AVAILABLE FOR PROJECT
A. CMP Rehabilitation Pgrn, Project DR-163 (26541630) $149,247
B. Transfer from STL-255 (Storm Drain Revenue) $42,453
TOTAL $191,700
Upon completion of the project, the improvements will require only routine City drainage
maintenance.
Attachments: A - Table I - Location & Sizes of Drainage Pipes to be Rehabi1itated
B - Contractor's Disclosure Statement
C - 11/4/03 Council Staff Report/Resolution No. 2003-456
D - Bid Proposal, RePipe California, Inc.
E - Agreement between City and Front Porch Communities & Services
J,lengineerlaGENDAIDRI6J.A IIJ.CM.2.cbdoc
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II ATTACHMENT B
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CITY OF CHULA VISTA DISCLOSURE STATEMENT
" Pursuant to COtll1cil Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
. certain ownership or fmancial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
II 1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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lì 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
II individuals with a $2000 investment in the business (corporation/partnership) entity.
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3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names
II of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
II ,J.fA
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4. Please identifY every person, including any agents, employees, consultants, or independent
I: contractors you have assigned to represent you before the City in this matter.
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5. Has any person' associated with this contract had any financial dealings with an official" of the
II City ofChula Vista as it relates to this contract within the past 12 months? Yes- No...x
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14 ;)-5
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I A TT ACHMENT B
I If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
~
~ 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No i. Yes - If yes, which Council member?
~
~ 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
~ retire a legal debt, gift, loan, etc.) Yes - No L
If Yes, which official** and what was the nature of item provided?
~
~ :J
~ Date: YE.c.éM13éR. IO~, 2"03 ¿/:..--
Signature 0 plicant
~ REP,Pt - C LIFo...."', INC. PB" PI'/{ /.:71"'1 k.e.ATING
Print or type name of Contractor! Applicant
~ * Person is derIDed as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
~ municipality, district, or other political subdivision, -or any other group or combination acting as
a unIt.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
~ Member of a board, commission, or committee of the City, employee, or staff members.
~
~
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15 ;)-fp
I
A T-r ACHMENI .-L.
COUNCIL AGENDA STATEMENT
Item /)..¡
Meeting Date: 11/4/03
ITEM TITLE: Resolution approving an agreement between the City of Chula
Vista and Front Porch Communities and Services, authorizing the Mayor
to sign the agreement, and transferring $150,000 in Storm Drain Revenues
from the Drainage Basin Construction, East of Second Avenue Project
(DR-120) to the CMP Rehabilitation on "D" Street, Fredericka Manor
and Twin Oaks Circle Project (DR-163).
SUBMITTED BY: Director OfEngineerin~
REVIEWED BY: a I/.. (4/5ths Vote: Yes.K..No->
City Managerp 9f'
BACKGROUND: An agreement between the City of Chula Vista and Front Porch
Communities and Services ("Front Porch") has been created in order to make repairs to the
privately-owned storm drain system on and around their property, Fredericka Manor, east of
Third A venue and "D" Street, in connection with an adjacent proposed storm drain rehabilitation
drainage project that lies within the City's easement. On July 21,2003, Front Porch signed the
Agreement (see Attachment B).
RECOMMENDATION: That City Council adopt the resolution approving the agreement and
authorizing the Mayor to sign the agreement; and approving the transfer of $150,000 uom the
Drainage Basin Construction, East of Second Avenue Project (DR-I 20), to the CMP
Rehabilitation on "D" Street, Fredericka Manor and Twin Oaks Circle Project (DR-I 63).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
A private stonn drain system currently exists on Fredericka Manor's property - a system that has
never been dedicated to the City of Chula Vista. On October 29, 2002, an Informational
Memorandum (Attachment A) was sent to the Mayor and City Council describing the condition
of Fredericka Manor's drainage system and also the connecting segments that lie within the
City's easement. The storm water trom nearby Twin Oaks Circle (a public street) flows through
Fredericka Manor's private storm drain system until it reaches the City's right-of-way east of
Third Avenue. For this reason, Public Works Operations videotaped both the public and private
sections of the storm drain system. The videotapes reveal significant deterioration of all of the
existing storm drain pipes, including those owned and maintained by Fredericka Manor.
In light of these facts and to avoid future emergencies, the City plans to begin rehabilitation of
the public segments of the system now. Staff proposes to begin the design phase immediately,
and move to the construction phase by Spring 2004. Fredericka Manor has been informed ofthe
;- ,-1
(
.fQ.-1
._..~-,.
Page 2, Item /1-
Meeting Date: 11/4/03
problem and has been offered the option (which they have accepted) to have their segments
included in the City's contract.
Since the project involves shared private and public facilities, an agreement between the City and
Front Porch is required. The agreement has been reviewed by the City Attorney and is now ready
for Council approval.
In general, the City ofChula Vista agrees to provide the following services:
. Prepare plats and specifications (Exhibit A);
. Advertise the project, receive bids, and award and administer the construction contract;
. Repair and replace existing corrugated metal pipes within the City's right-of-way, as
shown in Exhibit A;
. Perform necessary inspections.
Front Porch shall not be charged for the above services.
Front Porch agrees to:
. Pay for repairs to the storm drain pipes within the Fredericka Manor property (Exhibit A),
at an estimated cost of $103,000. If the lowest construction bid exceeds $159,731, Front
Porch agrees to negotiate an increase in their share.
.
. Deposit with the City ofChula Vista $103,000 prior to award of the construction contract.
Any funds remaining after the completion of the contract shall be returned to Front Porch.
. Conditionally grant to the City the necessary storm drain easements over a portion of the
private storm drain, and a flowage easement (allowing public water to flow through the
private drainage system) over the remainder of the private storm drain, as detailed in
Exhibits Band C. Front Porch is only conveying a flowage easement over the parts of
their storm drain which are in close proximity, or physically under, their buildings.
The City will maintain those portions of Fredericka Manor's private storm drain where we are
being granted a storm drain easement. However, the City will have no future maintenance
responsibility or liability for damage or other problems associated with the sections of the private
storm drain system for which we are only being granted a flowage easement.
ENVIRONMENTAL IMPACT REPORT
A classification exemption review is in progress. The environmental clearance will be obtained
prior to awarding of the contract.
FISCAL IMPACT
The total costs associated with this project - CMP Rehabilitation on "D" Street, Fredericka
Manor and Twin Oaks Circle Project (DR-163) - are estimated to be $253,000, including design,
/£-- 2 ;;-6
Page 3, Item /1-
Meeting Date: 11/4/03
construction, contingencies, and staff time. Front Porch's share is $103,000, which will be
deposited with the City prior to awarding of the construction contract. The City's share will be
$150,000. At the time of award of the project, and after Front Porch Communities and Services
has deposited their share of the project cost ($103,000), staff will request that those be
appropriated.
The required $150,000 for this new unfunded project corresponds with the current availability of
$182,328 in Storm Drain Revenue, which has already been appropriated for construction of
another drainage project - Drainage Basin Construction, East of Second Avenue (DR-l 20).
Project DR-120 has been delayed until FY2004-05 due to condemnation proceedings.
Therefore, staff proposes that $150,000 of the available Storm Drain Revenue appropriation in
DR-l20 be transferred to DR-163. Sufficient funds for project DR-120 will be newly
appropriated from the Storm Drain Revenue Fund during the FY2004-05 budget process.
Adoption of this resolution will authorize the transfer of funds.
Attachments:
A - Informational Memorandum
B - Agreement between the City of Chula Vista and Front Porch Communities and Services
Exhibit A: Corrugated Metal Pipe Rehabilitation Program
Exhibit B: Easement for Drainage Purposes
- Exhibit C: Flowage Easement
C - CIP Summary DR-120
J: IENGINEERL4gendaIDRJ 63-A J /3CMdoc
" - -)
/2 c- /
ATTACHMENT A
INFORMATIONAL MEMORANDUM
October 29,2002
File 0500-05-AC
To: The Honorable Mayor and City Council Members
VIA: David D. Rowlands Jr., City Manager
FROM: John P. Lippitt, Director of Public Works
SUBJECT: Fredericka Manor Drainage
City crews used the City's storm drain camera to videotape the existing storm drains within
Fredericka Manor and also the connecting segments both upstream and downstream. The
pictures showed some extremely bad sections of Corrugated Metal Pipe (CMP) and one segment
of Reinforced Concrete Pipe (RCP) that needed repair.
The City has storm drain easements for the segments of pipe that are under "D" Street and
between the houses that tront on Twin Oaks Circle. Water trom Twin Oaks Circle is carried by
the culvert system within Fredericka Manor. We do not have storm drain easements for any of
the storm drains within Fredericka Manor. Some of that storm drain runs under a seven story
building. That portion is RCP and in relatively good condition (Please see Exhibit A). Other
segments run under the ponds that are onsite. Those pipes are CMP and could fail this winter if
we get heavy rains.
Staff has informed Mr. Scott Staehling, Executive Director of Fredericka Manor, about the
problem. The City is in the process of going out to bid on an emergency basis for the segments
of pipe for which the City has easements. A letter will be sent to Mr. Staehling offering to
include segments within Fredericka Manor in our contract, ifpaid for by Fredericka Manor. We
will offer to provide inspection services at no cost to them. In addition, once the pipes are
repaired, we would be willing to accept easements and associated maintenance for all segments
of storm drain within Fredericka Manor conveying public water ITom Twin Oaks Circle, with the
exception of the portion that is RCP under their high-rise building and also the segment that
parallels the north side of that building. For that portion, we would be willing to accept a
flowage easement and clean the pipe as long as we receive a hold hanDless agreement relieving
the City of any responsibility for pipe repair or damage to their building associated with the pipe.
CC: Clifford L. Swanson, Deputy Director of Public Works/City Engineer.
Glen Googins, Assistant City Attorney
C:IB;¡¡IWINWORDIInfo Items to Coune;! 20021INFORMA rIONAL MEMORANDUM FREDERlCKA MANOR 1O2002,doc
I 2:","1 d-/O
"",--,,----,_..,_..._-- ,---- -".,,-, ---
A IT ACHMENT 'B
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
^ (This space for Recorder's use, only) ^
APN(s) C.V. File No.
AGREEMENT
BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
FRONT PORCH COMMUNITIFS ANI;) SERVICES
FOR THE REPAIR OF STORM DRAIN PIPES
ON AND AROUND FREDERICKA MANOR
This Agreement is made and entered into this _of , 2003 by and
between the City of Chula Vista hereinafter referred to as "City", a municipal corporation, and
Front Porch Communities and Services. owner of Fredericka Manor, hereinafter referred to as
"Owner".
RECrr ALS
WHEREAS, Front Porch Communities and Services is the owner of Fredericka Manor. a
eldercare and rental retirement community, located at 183 3rd Ave in Chula Vista; and
WHEREAS, .there is private storm drain system on Fredericka Manor's property that
was not dedicated to the City of Chula Vista; and
WHEREAS, storm water from Twin Oaks Circle (a public street) flows through
Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way;
and
WHEREAS, the private storm drain system is shown on Exhibit" A"; and
WHEREAS, the City videotaped the existing private storm drain system shown on
Exhibit" A" which consists of Corrugated Metal Pipes (CMP) north and south of the high rise
building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the high
rise building; and
.~ .;:;./1
WHEREAS, the video tape reveals serious problems with all of the existing storm drain
pipes shown on Exhibit" A"; and
WHEREAS, it is mutually beneficial and prudent to repair, under a single contract. the
storm drain pipes shown on Exhibit" A", in the manner proposed, which are collectively within
City streets, within a City easement, and on private property within Fredericka Manor; and
WHEREAS, it is necessary to delineate the responsibility of the City and Owner relative
to restoration of the drainage system and future maintenance of the system shown on Exhibit
"A"; and
WHEREAS, City wishes to repair and maintain that portion of the storm drain svstem
located within the new drainage easements granted as part of this Agreement; and
WHEREAS, Owner understands and agrees to repair and maintain that portion of the
storm drain system on its property which is subject to the flowage easement granted as part of
this Agreement.
NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH
COMMUNITIES AND SERVICES do agree as follows:
1. Pre-Construction Planning. City will prepare plats and specifications to repair the CMP
storm drain pipes shown on Exhibit" A" using a pipe lining system, except for the 24"
RCP pipe that parallels the high rise building, which will be grouted.
2. Project Award and Administration. City will advertise the project to receive bids,
provide inspection, award and administer the contract to repair all sections of pipe
delineated on Exhibit" A". Owner shall not be charged performing the services
mentioned in this Paragraph or Paragraph No.1.
3. Owner Project Costs. Owner will pay for the repair of the Corrugated Metal Pipe storm
drain on and around Fredericka Manor delineated on Exhibit" A" as Pipe Numbers 2, 3, 4,
7 and 8, and the grouting of a portion of Pipe Number 5. As stated in Paragraph 2
("Project Award and Administration") City will advertise the project to receive bids and
also award the contract. A warding of the contract shall be performed pursuant to City
laws relating to public works projects, and the City Council, in their sole discretion, may
reject all bids and re-bid the project. Cost for repair shall be based on the unit cost of each
linear foot of pipe lined, as specified in the bid that is accepted. Notvdthstanding the
foregoing, Owner shall not pay more than $103,000, unless the lowest responsible bid is
greater than $159,731 - in which case, City and Owner agree to negotiate an increase in the
Owner's maximum payment amount (of $103,000).
4. Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract.
Said funds shall be used only to pay the contractor for work performed on Pipe Numbers
2, 3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be returned
to Owner within 40 working days of the filing of the Notice of Completion.
CV - Fredericka Manor
March 2003 Storm Drain Repair ;'" ! ~\ Page 2 of 6
/2.....-1 ç7' / 0"-
,-7
5. City Project Costs. City will pay for the repair of Pipe Numbers 1, 9 and 10, as shown on
Exhibit" A".
6. Storm Drain Easements. Owner will grant to the City storm drain easements in a width
of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers 2, 3, 4, 7 and 8,
in the form attached hereto as Exhibit "B".
7. Flowage Easement. Owner will grant to the City a flowage easement over Pipe Numbers
5 and 6, in the form attached hereto as Exhibit "C", that will allow public water to be
contained and flow through said storm drain pipes. As more particularly specified in the
flowage easement, City will have no maintenance responsibility for these sections of storm
drain and be held harmless for any damage to the pipes or problems associated with said
Pipes.
8. Term of Agreement and Areas to be Served.
8.1 Term. This Agreement shall commence on the date this Agreement is executed by
City and Owner.
8.2 Areas. The area to be served pursuant to this agreement is located on and around
Fredericka Manor as shown on the plat (Exhibit" AU).
8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance
costs for repaired facilities on Fredericka Manor, except for:
(a) Tributary pipes feeding into Pipe Numbers 2-8;
(b) Pipe Number 5 on Exhibit U Au which parallels the north side of the high-rise
building;
(c) Pipe Number 6 on Exhibit" Au which runs under the high-rise building; and
(d) Maintenance or repair of ~ of the Pipes on Exhibit" A" caused, in whole or in
part, by the negligent acts, errors or omissions or willful misconduct of the
Owner, its officers, agents, employees, servants, representatives, invitees,
tenants or licensees, including but not limited to, pre-mature failure or
weakening of the drainage system caused by the dumping of corrosive
materials in a tributary pipe.
9. Right of Entry During Construction. After execution of this Agreement and until
completion of the project, Owner agrees to grant the City, its agencies, contractors, and
subcontractors the right of access and entry to its property, for the purpose of repairing
and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2-
#8). City shall also have the right to clear any or all storm-generated debris of whatever
nature from the storm drain system located on Owner's property.
CV - Fredericka Manor . r!
March 2003 Storm Drain Repair /-z-~--.l ;)-/,;) Page 3 of 6
10. Mutual Indemnification.
10.1 City's Indemnification. City agrees to defend, inderrmify and hold harmless the
Owner from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) arising directly or indirectly out of the obligations
undertaken in connection with this Agreement which results from the negligent acts,
errors or omissions or the willful misconduct of the City, its officers, agents, employees,
servants or representatives.
10.2 Owner's Indemnification, Owner agrees to defend, indemnify and hold harmless
the City from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) arising directly or indirectly out of the obligations
undertaken in connection with this Agreement which results from the negligent acts,
errors or omissions or the willful misconduct of the Owner, its officers, agents, employees,
servants, representatives, invitees, tenants or licensees.
10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section
10.1, the City shall not be liable for any claims, damages, liability, cost and expense
(including without limitation attorneys fees) that, in absence of this Agreement, the City
would be inunune from pursuant to state or federal law.
10.4 Termination of Indemnity Obligations. City and Owner's obligations under
Sections 10.1 and 10.2 shall terminate upon completion of construction of the project.
11. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of
the successors, assigns and interests of the parties as to any or all of the Properties until
released by the mutual consent of the parties.
12. Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.s. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A Party may change such address for the purpose of this paragraph by
giving written notice of such change to the other Party. Addresses for any such notice
shall be:
For the Cih) of C/zu/a Vista:
Clifford 1.. Swanson
Director of Engineering
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
CV - Fredericka Manor / ,/
March 2003 Storm Drain Repair H?-f7 ;;;..'1- Page 4 of 6
For Front Porch Communities and SeI7,ices:
Gary Wheeler, Chief Executive Officer
Front Porch Communities and Services
2835 N. Naomi Street, Suite 300
Burbank, Califonùa 91504
or
Executive Director
Fredericka Manor
183 Third Avenue
Chula Vista, Califonùa, 91910
13. 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.
14. Amendments to Agreement. Any modifications of the terms of this Agreement must be
made with the mutual consent of all parties by a subsequent written agreement.
15. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
16. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's office.
17. Governing LawjVenue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Califonùa. Arty 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 Califorrua, and if applicable, the City of Chula Vista, or as close thereto as
possible. Venue for this Agreement, and performance hereunder, shall be the City of
Chula Vista.
[NEXT PAGE IS THE SIGNATURE PAGE]
CV - Fredericka Manor d - /,c:
March 2003 Storm Drain Repair ~ /'-" Page 5 of 6
SIGNATURE PAGE
FOR
AGREEMENT
BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
FRONT PORCH COMMUNITIES AND SERVICES
FOR THE REPAIR OF STORM DRAIN PIPES
ON AND AROUND FREDERICKA MANOR
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
yea! first written above.
CITY OF CHULA VISTA
a public body, corporate and politic
By:
Stephen Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
Ann Y. Moore, City Attorney
&~Œuciti.. ond S="""
G Wheeler, Chief Executive Officer
í~A51Ûffi~'
\ \
J -
Counsel to Front Porch Co
CV - Fredericka Manor
March 2003 Storm Drain Repair -I4-f 0 .... /~ Page 6 of 6
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EXHIBIT» A" SHEET #5 PROJECT FILE IIDR-152B
0, \SDSKPRO..J\Dr 15é'b \Dro w\F ¡no! \Dr152EXH.dwQ 03/17/03 11010'53 AM PST DRAWN BY: TITLE. CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHAT CESAR V. MAGBUHAT
DATE: ISHEET 5 STORM DRAIN REHABILITATION APPROVED BY:
1-30-03 OF 6 SHTS FREDERICKA MANOR(THIRD AV. & "D" ST.) JIM R. HOLMES
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!'ZZZ2J - - - PIPE TO BE RELINED AND GROUTED (WITHIN FREDERICKA MANOR)
EXHIBIT" A" SHEET #5 PROJECT FILE #DR-1528
g, \SDSKPROJ\Dr 152b \Dra w\Fina I \Dr 152EXH.dwQ 03/17/03 11'10'53 AM PST DRAWN BY: TITLE: CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHA T CESAR V. MAGBUHA T
DATE: ISHEET 5 STORM DRAIN REHABILITATION APPROVED BY:
1-30-0J OF 6 SHTS FREDERICKA MANOR(THIRD AV. & "D" ST.) JIM R. HOLMES
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Recording Requested by and ¡
¡
Please Rerum to: ¡
City Clerk !
City of Chula Vista
P.O. Box 1087 ¡
Chula Vista, CA 91912 I
This Instrument Benefirs City Only. ¡
,
,
No Fee Required. I ... This Space for Recorder's Use Only ....
-~~
APN(s) C.V. File No.
EASEMENT FOR DRAINAGE PURPOSES
EXHIBIT B
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FRONT PORCH COMMUNITIES AND SERVICES,
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, and the right to construct, maintain, operate, replace, remove or
enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated
in said City of Chula Vista and more particularly described as follows:
THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "B-1", ATTACHED
HERETO AND BY REFERENCE MADE A PART HEREOF.
THE EASEMENT AREA SHOWN DIAGRAMMA TICALL Y ON EXHIBIT "B-2"
LABELED PAR "A" AND PAR "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 ChuJa Vista, its officers, agents
and employees and by any contractor, Iris agents and employees engaged by said City, whenever and
wherever necessary for the purposes set forth above.
Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the
surface of said real property, subject to the condition that the erecting ofbuiJdings, masonry walls, masonry
fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or
the installation of privately-owned pipelines shall be prohibited unless written permission is first obtained
from the City ofChula Vista.
S;gnoJ "'~ ~ . 20~.
By: ~
Gary eeler, ClriefExecutive Officer, Front Porch Communities and Services
(Notary Acknowledgment Required for Each Signature)
f":T--f? ~~~f
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
r~.ç<'.ç<',ç<',ç<'.c<'.iò;'...«=-5Y.ç<' <;;<'<;;<'<;;<'.ç<'Ç<'.ç<'.iò;'....ç<'ij'-<X'Q.ç<'<;;<'ij'-<';<'.ç<'.ç<'-<';<'-<X'-<:<,-<X',ç<'<;;<' <;;<'-<;<'-<;<'-<;<' .ç<'-<;<,<;;<, -Ç<' Q-:;
¡ So. mC""~~.} i
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~ County of' ~
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2 On ~1;~,beforeme~7n. ~ ~
~ 0". ~ V Na_.ndT'".ofOff«,{,g.'J.",O"".No,.oyPo~"'J ~
r personally appeared ../ ¿ ~ ~
~ Name{sl 01 S'go"',, I
~ cÝpersonally known to me ~
~ ::J proved to me on the basis of satisfactory
g evidence tì
~ ~
~ to be the person(s) whose name(s) is/are ~
~ , , - - - - - - - - - subscribed to the within instrument and
~ I -""~"IWID:)", - - - f acknowledged to me that he/she/they executed.
~ I o1IJunao8l llluyW'J e the same in his/herltheir authorized ~
~ !!: ~.CI qn, ~8 DN capacity(ies), and that by his/her/their
§ I ~'-:':~ f signature(s) on the instrument the person(s), or ~
~ . - - - - - - ~~ '- - - - the entity upon behalf of which the person(s) ~
2. acted, executed the instrument. ~
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g ~and and o~ ~
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g P"""No,"oySeaIAh<We Slgo"o~oINo,"oyPobll, P,
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~ OPTIONAL .
. . Though the information below IS not required by law, it may prove valuable to persons relying on the document ~
~ and cDuid prevent fraudulent removal and reaffachment Df this form tD another document ~
.~ Description of Attached ~ ~ ~ ftt/I.fJðæ.5 ~
!1 Tltle¡W°l:f.°cument: ~
~£¡( .~ /~ ~
I~ Document Date: ?- I ,3 Number of Pages: ~
~ Signer(s) Other Than Named Above: ~
I Capacity(ies) Claimed by Signer ~
: Signer:s Name: r"'~"."lIk""..~" ~
@ CJ IndIvidual Top of thomb he,. ~
~ CJ Corporate Officer - Title(s): ~
~ r] Partner -;:: Limited 0 General ~
I 0 Attorney in Fact ~
~ 0 Trustee ~
~ r] Guardian or Conservator ~
~ 0 Other: g
~ ~
~ Signer Is Representing: ¡¡
~ ~
~ ~ ~"""""""",;=^Ç(. ,<",;ç,;Ç<""-"",""",'"<""<--"",-'<,,,,,,,,===<- """ ,<".,ç" ~"<",= '«<-""'-' "ç""",="",= ~ = """"<.,<;..,;",,,,~,>,.<>~1
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Exhibit B 2
Drainage Easement
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:
H: \H 0 MEIENG INEER ILANDD EV\F onns-OfficiallEasements lEasement Drainage .doc
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EXHIBIT "B-1"
LEGAL DESCRIPTION
Storm Drain Easements
PARCEL "A"
That portion of Lot 19 of Quarter Section 136 of Map No. 505, filed in the Office of the
County Recorder of San Diegò County March 13, 1888, in the City of Chula Vista,
County of San Diego, State of California, described as follows:
A strip ofland 15.00 feet in width, said strip iying 7.50 feet on each side of the following
described center line:
COMMENCING at the Northwesterly corner of said Lot 19; thence along the Northerly
line thereof, North 71°24'00" East, 291.56 feet to the TRUE POINT OF BEGINNING;
thence leaving said Northerly line, South 40°00'07" East, 18.69 feet; thence South
48°01 '46" East, 282.02 feet to a point herein designated as Point "A", said point being
the POINT OF TERMINUS.
The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on
the North in said Northerly line of said Lot 19; and on the South in a line bearing North
12°07'42" East.
Said parcel ofland contains 4,511 sq.ft., or 0.104 acre more or less.
PARCEL"B"
That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the
Office of the County Recorder of San Diego County March 13, 1888, in the City ofChula
Vista, County of San Diego, State of California, described as follows:
A strip ofland 15.00 feet in width, said strip lying 7.50 feet on each side of the following
described center line:
PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc
OS/20/03 ", .., rl
-/:' -:¿ ( r:;;i - 0' i
...-- .-..--...-'.-".-'--.
COMMENCING at said Point "A" as described in Parcel "A" above; thence North
72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning of a
tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the
arc of said curve through a central angle of 46°58'13" a distance of 32. 79 feet; thence
South 63°17'54" East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South
46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according
to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego
County August 27, 1946, said point being North 71 °22'12" East, 11.88 feet fi:om the
Northwesterly comer of said Map No. 2345, said point also being the POINT OF
TERMINUS.
The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on
the North in a line bearing North 35°18'53" East, and on the South in said Northerly line
of said Map No. 2345.
Said parcel ofland contains 2,379 sq.ft., or 0.055 acre more or less.
This legal description was prepared by me or under my direction in conformance with the
Land Surveyor's Act this March 13, 2003.
Signed ~ ~-þ...
Mary M. costa, P.LS. 6664
License Expiration Date: 06/30/04
PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc
OS/20/03 r¡ ~2
/~2 çi - c/ .-
EXHIBIT 1'8-2"
. ~ 8D8 STREET
¡-- - è::. - (N71L4'OO~E 1323.58') - f =--- - -
f ~o~'I- 291.56' T.P.o.s. PAR. '"A '" of
- -. - - -;;;O'07~E - - -/- -
.o.c. ~ NW CORNER 18.69'
40' 40' , .......J i
I LOT 19. MAP 505 1 VI PAR. 8A8 I r~
I t; AREA = Q I
,..---.J ~- 4,511 sq.ft /) DO
"'G, 0.104 acre V ~l
W ~ '" SCALE: 1-=100' I f--;J 5
iI, LOT -jg ~ ,s' . U-1
W -"."-2 ~- 1.S S POINT '"A '"
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' L-J
(~N12V7'42~E 88.42'
~ -\,\..J 17.29' N72Ú"11fi.
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I- ~«; CD I
Û Ç{¿<À L I a: t~
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(À ?,) D 13:: ò,1~
() 0 t--.....
:;--.. ~?,) J-~
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~ (j <? ~ 0 0 ~
,~ 0 ~¥' LOT 22 ~
~I oDD Lr.~o.s. PA/t- '21'"
N N3578'53~E
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& 0 D 0 0,5.,7 ~AR. ~B8
~ D AREA =
. 2,379 sq.ft
J I L(;LÐ-lJ-Ð- G- ~5 a~
--ø-7' LOT 27
. LEGEND ~~NÐ .so
'~ STORM DRAIN EASEMENT ACQUIRED ~
- . - C/L FlOWAGE EASEMENT ACQUIRED ~ ;.(,
( ) = RECORD DATA PER P.M. 109 ~ 0
C/L = CENTERLINE ..l No. 6664 ;Iþ
P.O.c.= POINT OF 'COMMENCEMENT :It" Exp4w-t;oJtt.
T.P.D.B. = TRUE POINT OF BEGINNING (\~ ~l. o.\\t-
APN 566-240-27 /: ?, ¡FOR\, PF-#
"/ /1656/013/1656-Esmt-SD,dwg PCG#1-656-013 ;.4--i!.j ---
nTLE DRAWN BY: mma
'" POUNnoEY CITY OF CHULA VISTA OA Æ: OJ/1J/OJ .
-...==.~....... STORM DRAIN EASEMENT PREPARED BY: mma ~ ""'c¡
------- "D" Sf) APPROIÆD BY: 'cJ.
1_____- FREDERICKA MANOR ~ AV & SHEET 1 OF 1 SHEET .
'.'o-'-"OM_"'o_'^.".n- .
Recording requested by and
please retum to:
City Clerk
City of Chula Vista
P,O, Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only, No fee required
^ (This space for Recorder's use, only) ^
APN(s) C.V. File No.
FLOWAGE EASEMENT
EXHIBITC
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Front Porch Communities and Services
hereby grant(s) to the CITY OF CHULA VISTA (hereinafter "City"), a municipal corporation, in
the County of San Diego, State of California, an easement and right of way for the free and
unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described
land and more particularly described as follows:
THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "C-l",
ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "C-2"
LABELED "FLOWAGE EASEMENT" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF,
This Easement shall be subject to the following tenns and conditions:
1. OBSTRUCTIONS PROHIBITED. Mter the effective date of this Easement, Grantor and its
successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any
structure, building, utilities, fence, material, device, thing, matter, or plant that could impede
the flow of, or reduce the maximum flow rate of, water through the Easement Area, without the
prior written approval of the City Engineer. The Grantor shall, upon receipt of written notice
from the City remove cited obstructions which prevent or may prevent proper flowage of water
under or across the Easement Area.
2, MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep
and preserve the Easement Area, including the private stonn drain system in good repair and
condition at all titnes, and shall remove all dead trees, shrubs, brush and trash which might
obstruct or impede the flow of water. The City shall incur no expense nor have any obligation
of any kind whatsoever in connection with maintenance of the Easement Area, including but
not limited to the drainage system residing thereon, and Grantor expressly waives the benefits
/7 .Ii ,)'30
EXHIBIT C 2
of any federal, state or local law now or hereafter in effect which would otherwise afford
Grantor the right to make repairs at the City's expense or force the City to repair, replace or
maintain the private drainage system within the Easement Areas.
3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall not
change the grade, elevation or contour of any part of the Easement Area without obtaining the
prior written consent of the City Engineer.
4. INDEMNIFICATION. Grantor shall indemnify, defend 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 the City's
use of this Easement, except where said liability arises out of the sole negligence or sole willful
misconduct of the City. Grantor hereby assumes all risk of damage to property or injury to
persons in or about the Easement from any cause, and Grantor hereby waives all claims in
respect thereof against City, excepting where said damage arises out of the sole negligence or
sole willful misconduct of the City.
5. RIGHT OF ACCESS. The City, its officers, agents and employees and any contractor
engaged by City, and its agents and employees, shall have the right of aCCeSS to the Easement
Area as well as those portions of the Grantor's property adjacent to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of the
Easement Area as herein described, including, but not limited to, the right to remove any
unauthorized obstructions or structures placed or erected on the Easement Area that is
impeding adequate and proper flowage of water over, under, upon and across Grantor's
property. The City, its officers, agents and employees and any contractor, its agents and
employees engaged by City shall also have the right to deposit tools, implements and other
materials on the Easement Area as well as those portions of the Grantor's property adjacent to
the Easement Area.
6. EASEMENT RUNS WITH LAND. This Easement shall be perpetual, permanent and runs
with the land and shall be binding on Grantor and on Grantor's successors and assigns.
Signed this ?1 day of ~/ð- ,2003
B, G~O"- Oft""= ""M >'om' C"mID""iti" ""d "",¡~"
(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
authnrized officer.
By: Date:
SUSAN BIGELOW, CITY CLERK
.., 3/
""'" '
. ..-..--------.-..- .... .-. ----.-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
ç,&:,,~<:;<'-R;<"A;<',ç<'J::<'.I;;<'-C<'Q"I;<' .c<'iOX',<;N;<'.c<'.e<'Q"I;<'Q .c<'iOX"'I;<'>O<"'Y'QQA;<'J::<',ç<"'I;<'<:;<'.I;;<'if -è<','O<'.i:;<'J:X'if.<r ¿^,Ç'C =,.
~. State of califOrnia} ~
~ VA.'\L1..A,t. ss, ~
I ~~~ ~~rh~ !
¡; ~ Î- (}. ~
~ On L 14- >1/)tJJJ}. before me, )~ / n. ~.J ~
~.'. ([V4 {j D.. tii I, , J -, '1"';'"" mo,""TII~orO1r"..,..,.'JonoDo<,""'a"P","" r,
ii personally appeared <../'\ tA../ ~ p;
~ Namo"} 0' s","""" ~
~ e(;ersOnallY known to me @
~ :J proved to me on the basis of satisfactory K
~ evidence ~
@ - - - - - - - \ to be the person(s) whose name(s) is/are ß
(I¡ . - - - -";'1IIIIDOIII subscribed to the within instrument and ~
~ t .-=--'" e acknowledged to me that he/she/they executed ~
~ ,; 8IIIIIII'O-1 I IIcIAI8IDN - the same in his/her/their authorized ~
~ ~ -~.1I8 8I IIIIIJD: t capacity(ies), and that by his/her/their t,
~ t IM1QO!IiJ1IVOIN..Oft. - - - \ signature(s) on the instrument the person(s), or g
,i< . ... - b
~ "... - the entity upon beh~lf of which the person(s) ~.
,x acted, executed the Instrument ~
~ ~
~ L WITNESS my hand and offici.9l,seaL ~
~ )~m.~ ~
~ P,",",No..,,""""""'" S,gnat.~ofNota"Pu~. ~
~ . . OPTIONAL ~
~ Though the information below /s not reqUIred by law, it may prove valuable to parsons "'lying on the document i
2 and could prevent fraudulent removal and reattachment of /his form to another document g
~ Description of Attache~ÇJJm.ent. I (_. 7l., J/, ç./ 0 I Of (1 ~
~ Tille or Type of Document"-'<>VlJ(.t?(.:f I7JY ør~cL.. (' W¡)/)f.t...) QC)I,u')c '--¡!¡
(I¡ 7 0 ¡J, g
ii Document Date: . n ?tfT!;, Number of Pages: ~
~ >?
~ Signer(s) Other Than Named Above: ~
~ Capacity(ies) Claimed by Signer ~
~ Signer's Name: ~
~ 0 Individual Top 0/ Ihumb he.. ~
~, 0 Corporate Officer - Title(s): ~
~. 0 Partner - c: limited 0 General ~
!J 0 Attorney in Fact ~
~ 0 Trustee I
~ 0 Guardian or Conservator
, 0 Other:
, Signer Is Representing:-
I ' .
L--
..C""N.;~.'_~"""';";oo.""'Do""A~..POBo."02._,CA"3"._,_.M'OM'O".". """.No.""" R~"'.'CoHT"'F...'."""""
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EXHIBIT "C.1"
LEGAL DESCRIPTION
Flowage Easement
That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office
of the County Recorder of San Diego County March 13, 1888, in the City ofChula Vista,
County of San Diego, State of California, described as follows:
COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly
line thereof, North 71 °24'00" East, 291.56 feet; thence leaving said Northerly line, South
40°00'07" East, 18.69 feet; thence South 48°01'46" East, 282.02 feet to the TRUE
POINT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South
16°19'41" East, 159.41 feet to the beginning of a tangent 40.00 foot radius curve concave
to the Northeast; thence Southeasterly along the arc of said curve through a central angle
of 46°58'13" a distance of32.79 feet; thence South 63°17'54" East, 39.66 feet to the
POINT OF TERMINUS.
This legal description was prepared by me or under my direction in conformance with the
Land Surveyor's Act this March 13,2003.
Signed ~ 4n.túoSþ.
Mary M. Acosta, P.LS. 6664
License Expiration Date: 06/30/04
PAWO 1-656-013 1656-0I3-SD-Flowago-Esmt-Igl-desc.doc -)?
05/20103 . . ø:J.",,;....,.,
l~7 -
.-..-..----...-
EXHIBIT "C-2"
. ~ 808 STREET f - --
! - ~ - (N71L4'OO~£ 1323.58') - -
r .... _22}.56' - - T.~.!. PAR. "A" --IE -/--
ç' SWW'oñ I
P:O.C:~ .NW CORNER 18.69'
41)',40' LOT 19, MAP ~~ I 0
0 ID~
J
w SCAL£- 1"=100' I U Ö
i, .' LOT '19 ,6, -1
W -".z-2 1,5 S POINT "A"
> r'bÎ() 1, T.p.as. R.OWAi"L]
4( >\ EASEJl£NT I
C O~ NI2V7'42-£ 88.42'
I:I:J - ~ ~~'Y._- 17.~ ~ N7fÚ'~ -
:ï: ~j~ CD :-7F=GE
,... r-"I Ç,l~' L I ffi ~.. (EA lENT
U «- Q~ 0 1 ~ ~Wi ~
:--.. ~ b 1-- ... ,R=40 -r
~I ~. Ct) LJ=46"58'13" C\.l
I.l'j ~ ~ 0 ~ L~32.~'1
~ ~ 0 ~ 56377'54"£ Ö
f: 0 ~~ LOT 22 ~ 3~6r-1
10) J 0 0 0 Qall PA« 1<- ~~.
'~I
~ N3578's3"£ "'~
~ 0 0 0 D'~I7' L o'r,5,
~ D :F1.SS
~ - /1,
¡ I ~-OÐ-G- - -
-;JII!i><- 7' LOT 27
PF-' ---
DRAWN BY: mma
,"POUNTNEY DA TE: OS/2D/DJ ,
Cllll8.l.1IG ... PREPARED BY: mma ,;), g I.j-
-----....
------ APPRDV£D BY: mma I
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F22'Z2J - - - PIPE TO BE RWNED AND GROUTED (WITHIN FREDERICKA MANOR)
EXHIBIT" A" SHEET #5 PROJECT FiLE IIDR-1528
g,\SDSKPROJ\Dr 152b \Dro w\F (no! \Dr152EXH.dwc¡ 03/17/03 11110,53 AM PST DRAWN BY: TITLE. CITY OF CHULA VISTA PREPARED BY:
CESAR V. MAGBUHAT CESAR V. MAGBUHAT
DArt: ¡SHEET 5 STORM DRAIN REHABILITATION APPROVED BY:
1-30-03 OF 6 SHTS FREDERICKA MANOR(THIRO AV. & "0" ST.) JIM R. HOLMES
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Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
^ (This space for Recorder's use, only) ^
APN(s) C.V. File No,
AGREEMENT
BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
FRONT PORCH COMMUNITIFS AND SERVICFS
FOR THE REPAIR OF STORM DRAIN PIPFS
ON AND AROUND FREDERICKA MANOR
This Agreement is made and entered into this _of , 2003 by and
between the City of Olula Vista hereinafter referred to as "City", a municipal corporation, and
Front Porch Communities and Services, owner of Fredericka Manor, hereinafter referred to as
"Owner".
RECITALS
WHEREAS, Front Porch Communities and Services is the owner of Fredericka Manor, a
eldercare and rental retirement community, located at 183 3rd Ave in Olula Vista; and
WHEREAS, there is private storm drain system on Fredericka Manor's property that
was not dedicated to the City of Olula Vista; and
WHEREAS, storm water from Twin Oaks Circle (a public street) flows through
Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way;
and
WHEREAS, the private storm drain system is shown on Exlúbit" A"; and
WHEREAS, the City videotaped the existing private storm drain system shown on
Exlúbit "A" which consists of Corrugated Metal Pipes (CMP) north and south of the high rise
building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the lùgh
rise building; and
/2.;;.-3"'5 ~-Lf/
WHEREAS, the video tape reveals serious problems with all of the existing storm drain
pipes shown on Exhibit" A"; and
WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the
storm drain pipes shown on Exhibit" A", in the manner proposed, which are collectively within
City streets, within a City easement, and on private property within Fredericka Manor; and
WHEREAS, it is necessary to delineate the responsibility of the City and Owner relative
to restoration of the drainage system and fuhrre maintenance of the system shown on Exhibit
"A"; and
WHEREAS, City wishes to repair and maintain that portion of the storm drain system
located within the new drainage easements granted as part of this Agreement; and
WHEREAS, Owner understands and agrees to repair and maintain that portion of the
storm drain system on its property which is subject to the flowage easement granted as part of
this Agreement.
NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH
COMMUNITIES AND SERVICES do agree as follows:
1. Pre-Construction Planning. City will prepare plats and specifications to repair the CMP
storm drain pipes shown on Exhibit" A" using a pipe lining system, except for the 24"
RCP pipe that parallels the high rise building, which will be grouted.
2. Project Award and Administration. City will advertise the project to receive bids,
provide inspection, award and admirùster the contract to repair all sections of pipe
delineated on Exhibit" A". Owner shall not be charged perforIIring the services
mentioned in this Paragraph or Paragraph No.1.
3. Owner Project Costs. Owner will pay for the repair of the Corrugated Metal Pipe storm
drain on and around Fredericka Manor delineated on Exhibit" A" as Pipe Numbers 2, 3, 4,
7 and 8, and the grouting of a portion of Pipe Number 5. As stated in Paragraph 2
("Project Award and Administration") City will advertise the project to receive bids and
also award the contract. Awarding of the contract shall be performed pursuant to City
laws relating to public works projects, and the City Council, in their sole discretion, may
reject all bids and re-bid the project. Cost for repair shall be based on the UIÙt cost of each
linear foot of pipe lined, as specified in the bid that is accepted. Notwithstanding the
foregoing, Ovmer shall not pay more than $103,000, uIÙess the lowest responsible bid is
greater than $159,731 - in which case, City and Owner agree to negotiate an increase in the
Owner's maximum payment amount (of $103,000).
4. Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract.
Said funds shall be used oIÙY to pay the contractor for work performed on Pipe Numbers
2,3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be rehrrned
to Owner within 40 working days of the filing of the Notice of Completion.
CV - Fredericka Manor
March 2003 Storm Drain Repair f;:,:. ;;ib ;J.. 'I é). Page 2 of 6
..____.n --------..->------.--..--
5. City Project Costs. City will pay for the repair of Pipe Numbers 1, 9 and 10, as shown on
Exhibit "A".
6. Storm Drain Easements. Owner will grant to the City storm drain easements in a width
of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers 2, 3, 4, 7 and 8,
in the form attached hereto as Exhibit "B".
7. Flowage Easement. Ownèr will grant to the City a flowage easement over Pipe Numbers
5 and 6, in the form attached hereto as Exhibit "C", that will allow public water to be
contained and flow through said storm drain pipes. As more particularly specified in the
flowage easement, City will have no maintenance responsibility for these sections of storm
drain and be held harmless for any damage to the pipes or problems associated with said
Pipes.
8. Term of Agreement and Areas to be Served.
8.1 Term. This Agreement shall commence on the date this Agreement is executed by
City and Owner.
8,2 Areas. The area to be served pursuant to this agreement is located on and around
Fredericka Manor as shown on the plat (Exlùbit" A").
8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance
costs for repaired facilities on Fredericka Manor, except for:
(a) Tributary pipes feeding into Pipe Numbers 2-8;
(b) Pipe Number 5 on Exhibit" A" wlùch parallels the north side of the lùgh-rise
building;
(c) Pipe Number 6 on Exhibit" Au wlùch runs under the lùgh-rise building; and
(d) Maintenance or repair of;mx of the Pipes on Exhibit" Au caused, in whole or in
part, by the negligent acts, errors or omissions or williul misconduct of the
Owner, its officers. agents, employees, servants, representatives, invitees,
tenants or licensees, including but not linúted to, pre-mature failure or
weakening of the drainage system caused by the dumping of corrosive
materials in a tributary pipe.
9. Right of Entry During Construction. After execution of this Agreement and until
completion of the project, Owner agrees to grant the City, its agencies, contractors, and
subcontractors the right of access and entry to its property, for the purpose of repairing
and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2-
#8). City shall also have the right to clear any or all storm-generated debris of whatever
nature from the storm drain system located on Owner's property.
CV - Fredericka Manor
March 2003 Storm Drain Repair "! 1../;7, Page 3 of 6
/ "'--91 c/. ,-
.¿:
-.----...-...-..-......--.-. "..
10. Mutual Indemnification.
10.1 City's Indemnification. City agrees to defend, indemnify and hold harmless the
Owner from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) arising directly or indirectly out of the obligations
undertaken in connection with this Agreement which results from the negligent acts,
errors or omissions or the willful misconduct of the City, its officers, agents, employees,
servants or representatives.
10.2 Owner's Indemnification. Owner agrees to defend, indemnify and hold harmless
the City from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) arising directly or indirectly out of the obligations
undertaken in connection with this Agreement which results from the negligent acts,
errors or omissions or the willful misconduct of the Owner, its officers, agents, employees,
servants, representatives, invitees, tenants or licensees.
10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section
10.1, the City shall not be liable for any claims, damages, liability, cost and expense
(including without limitation attorneys fees) that, in absence of this Agreement, the City
would be immune from pursuant to state or federal law.
10.4 Termination of Indemnity Obligations. City and Owner's obligations under
Sections 10.1 and 10.2 shall terminate upon completion of construction of the project.
11. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of
the successors, assigns and interests of the parties as to any or all of the Properties until
released by the mutual consent of the parties.
12. Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed dilly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the u.s. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A Party may change such address for the purpose of this paragraph by
giving written notice of such change to the other Party. Addresses for any such notice
shall be:
For the City of Chu/a Vista:
Clifford L. Swanson
Director of Engineering
City of Chula Vista
276 Fourth Avenue
Chula Vista, CaliforIÙa 91910
CV - Fredericka Manor :;; - iff
March 2003 Storm Drain Repair /2'~' Page 4 of 6
For Front Porch Communities and Serpices:
Gary Wheeler, Chief Executive Officer
Front Porch Communities and Services
2835 N. Naomi Street, Suite 300
Burbank, California 91504
or
Executive Director
Fredericka Manor
183 Third Avenue
Chula Vista, California, 91910
13. 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.
14. Amendments to Agreement. Any modifications of the terms of this Agreement must be
made with the mutual consent of all parties by a subsequent written agreement.
15. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
16. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's office.
17, Governing LawfVenue. 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 ÎJ\ the federal or state courts located ÎJ\ San Diego
County, State of CaliforIÙa, and if applicable, the City of Chula Vista, or as close thereto as
possible. Venue for this Agreement, and performance hereunder, shall be the City of
Chula Vista.
[NEXT PAGE IS THE SIGNATURE PAGE]
CV - Fredericka Manor ,. ...:...:;,
March 2003 Storm Drain Repair c~ ' . ~ Page 5 of 6
I~
SIGNATURE PAGE
FOR
AGREEMENT
BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
FRONT PORCH COMMUNITIES AND SERVICES
FOR THE REPAIR OF STORM DRAIN PIPES
ON AND AROUND FREDERICKA MANOR
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF CHULA VISTA
a public body, corporate and politic
By:
Stephen Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
Ann Y. Moore, City Attorney
~"h {J.mumti" ~d S~i",
&r, Chief Executive Officer
(;rED AS TO FORM,
Co ~on~"""'" "'" Semœ,
CV - Fredericka Manor
March 2003 Storm Drain Repair "" ,/ Page6of6
~ ",./-- ¥r,.
,-' . )
.-. ..-.--.-------.--........-.....-...............
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P,O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
^ IThis space for Recorder's use, only) ^
APN(s) C,V, File No.
FLOWAGE EASEMENT
EXHIBIT C
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Front Porch Communities and Services
hereby grant(s) to the CITY OF CHULA VISTA (hereinafter "City"), a municipal corporation, in
the County of San Diego, State of California, an easement and right of way for the free and
unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described
land and more particularly described as follows:
THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "C-l",
ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "C-2"
LABELED "FLOWAGE EASEMENT" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF.
This Easement shall be subject to the following terms and conditions:
1. OBSTRUCTIONS PROHæITED. After the effective date of this Easement, Grantor and its
successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any
structure, building, utilities, Jence, material, device, thing, matter, or plant that could impede
the flow of, or reduce the maximum flow rate of, water through the Easement Area, without the
prior written approval of the City Engineer. The Grantor shall, upon receipt of written notice
from the City remove cited obstructions which prevent or may prevent proper flowage of water
under or across the Easement Area.
2, MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep
and preserve the Easement Area, including the private storm drain system in good repair and
condition at all times, and shall remove all dead trees, shrubs, brush and trash which might
obstruct or impede the flow of water. The City shall incur no expense nor have any obligation
of any kind whatsoever in connection with maintenance of the Easement Area, including but
not limited to the drainage system residing thereon, and Grantor expressly waives the benefits
r' - ¡}. r;'
1'2,-..1./..1 c+
EXHIBIT C 2
of any federal, state or local law now or hereafter in effect which would otherwise afford
Grantor the right to make repairs at the City's expense or force the City to repair, replace or
maintain the private drainage system within the Easement Areas.
3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall not
change the grade, elevation or contour of any part of the Easement Area without obtaining the
prior written consent of the City Engineer.
4. INDEMNIFICATION. Grantor shall Indemnify, defend 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 the City's
use of this Easement, except where said liability arises out of the sole negligence or sale willful
misconduct of the City, Grantor hereby assumes all risk of damage to property or injury to
persons in or about the Easement from any cause, and Grantor hereby waives all claims in
respect thereof against City, excepting where said damage arises out of the sole negligence or
sole \\iliful misconduct of the City.
5. RIGHT OF ACCESS. The City, its officers, agents and employees and any contractor
engaged by City, and its agents and employees, shall have the right of access to the Easement
Area as well as those portions of the Grantor's property adjacent to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of the
Easement Area as herein described, including, but not limited to, the right to remove any
unauthorized obstructions or structures placed or erected on the Easement Area that is
impeding adequate and proper flowage of water over, under, upon and across Grantor's
property. The City, its officers, agents and employees and any contractor, its agents and
employees engaged by City shall also have the right to deposit tools, implements and other
materials on the Easement Area as well as those portions of the Grantor's property adjacent to
the Easement Area.
6. EASEMENT RUNS WITH LAND. This Easement shall be perpetual, permanent and runs
with the land and shall be binding on Grantor and on Grantor's successors and assigns.
Signed this '21... day of ¡/~ ,2003
~.4~
ary he er, Chief Executive Officer Front Porch Communities and Services
(Notary Aclmowledgment 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.
By: Date:
SUSAN BIGELOW, CITY CLERK
'" 1/8
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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EXHIBIT "C-1"
LEGAL DESCRIPTION
Flowage Easement
That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office
of the County Recorder of San Diego County March 13, 1888, in the City ofChula Vista,
County of San Diego, State of California, described as follows:
COMMENCING at the Northwesterly corner of said Lot 19; thence along the Northerly
line thereof, North 71 °24'00" East, 291.56 feet; thence leaving said Northerly line, South
40°00'07" East, 18.69 feet; thence South 48°01 '46" East, 282.02 feet to the TRUE
POINT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South
16°19'41" East, 159.41 feet to the beginning of a tangent 40.00 foot radius curve concave
to the Northeast; thence Southeasterly along the arc of said curve through a central angle
of 46°58'13" a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the
POINT OF TERMINUS.
This legal description was prepared by me or under my direction in conformance with the
Land Surveyor's Act this March 13, 2003.
Signed ~ ~þ.
Mary M. Acosta, P.LS. 6664
License Expiration Date: 06/30/04
PAWO 1-656-013 1656-0l3-SD-Flowage-Esmt-lgl-desc.doc ;;.<0
OS/20/03 i~ ( -,
EXH/B/ T "C-2"
~ -0- STREET -
r- - ~ - (N71"24'0Õ"E 1323.58') f =-- - ~
~ ~ _221,56' - - "P,-"!. PAR. "A" - - . - - -
540"00'07"£ I
fi.o.c. ,.. NW CoRNER 18.69' I 0
40',40' . LOT '9, MAP ~~ I ..
~ò 0 ¡ DO
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W '" SCALE' 1"=100' I US
i I LOT -J9 \s. ~l
W -7"'-2' 1,S5 POINT .A"
~ (b(() 1, T.P.o.s. flOWAGEl]
x,' EASEMENT I
)'f: N12V7'42"E 88.42'
C ~,( 17.29' N72ï7'~
~ - - 7- - -~ r,F~GE~
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. lEGEN)
~ STORM DRAIN EASEMENT ACQUIRED
- . - C/L FLOWAGE EASEMENT ACQUIRED
( ) = RECORD DA TA PER P.M. 109
c/L = CENTERLINE
P.O.c.= POINT OF COMMENCEMENT
T.P.O.B. = TRUE POINT OF BEGINNING
APN 566-24O-27 .f:3-J15 PF-I ---
I..: f/1656foI3fI656-Esmt-SD.dwg PCG#1-656-013
nTLE CITY OF CHULA VISTA ORA"'" BY: mmo
"'~ DATE: OS/20/03
----....... STORM DRAIN EASEMENT PRf:PARED BY: mmo ,..,
::.. -==- -=='- -=:' HI FREDERICKA MANOR (l1R A V & ". 81) APPROIÆD BY: mmo t?'"
SHEET I OF I SHEET
--~~-~ ---~~-
. Recording Requested by and 1
Please Return to: . I
City Clerk
City of Chula Vista ,
P.O. Box 1087
Chula Vista, CA 91912 !
This Instrument Benefits Ciry Only. r
No Fee Required. ¡ .... This Space for Recorder's Use Only...
APN(s) c.V. File No.
EASEMENT FOR DRAINAGE PURPOSES
EXHIBIT B
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FRONT PORCH COMMUNITIES AND SERVICES,
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, and the right to construct, maintain, operate, replace, remove or
enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated
in said City of Chula Vista and more particularly described as follows:
THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "B-1", ATTACHED
HERETO AND BY REFERENCE MADE APART HEREOF.
THE EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "B-2"
LABELED PAR "A" AND PAR "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.
Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the
surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry
fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or
the installation of privately-owned pipelines shall be prohibited unless written permission is first obtained
ftom the City ofChula Vista.
yof ~ ,2003.
By:
ee er, Chief Executive Officer, Front Porch Communities and Services
(Notary Acknowledgment Required for Each Signature)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Exhibit B 2
Drainage Easement
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:
H : \H 0 MEIEN G INEER \LAND D EVIF onns- OfficialIEasements lEasement Drainage, doc
" .:;'¡¡:',
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------------_._-----,---.
EXHIBIT "B.1"
LEGAL DESCRIPTION
Storm Drain Easements
PARCEL "A"
That portion of Lot 19 of Quarter Section 136 of Map No. 505, filed in the Office of the
County Recorder of San Diego County March 13, 1888, in the City of Chula Vista,
County of San Diego, State of California, described as follows:
A strip ofland 15.00 feet in width, said strip lying 7.50 feet on each side of the following
described center line:
COMMENCING at the Northwesterly corner of said Lot 19; thence along the Northerly
line thereof, North 71 °24'00" East, 291.56 feet to the TRUE POINT OF BEGINNING;
thence leaving said Northerly line, South 40°00'07" East, 18.69 feet; thence South
48°01 '46" East, 282.02 feet to a point herein designated as Point "A", said point being
the POINT OF TERMINUS.
The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on
the North in said Northerly line of said Lot 19; and on the South in a line bearing North
12°07'42" East.
Said parcel of land contains 4,511 sq .ft., or 0.104 acre more or less.
PARCEL "B"
That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the
Office of the County Recorder of San Diego County March 13, 1888, in the City ofChula
Vista, County of San Diego, State of California, described as follows:
A strip ofland 15.00 feet in width, said strip lying 7.50 feet on each side of the following
described center line:
PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc C:.S5
OS/20/03 12 ~
COMMENCING at said Point "A" as described in Parcel "A" above; thence North
72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning of a
tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the
arc of said curve through a central angle of 46°58' 13" a distance of 32.79 feet; thence
South 63°17'54" East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South
46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according
to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego
County August 27, 1946, said point being North 71°22'12" East, 11.88 feet fìom the
Northwesterly comer of said Map No. 2345, said point also being the POINT OF
TERMINUS.
The sidelines of said 15.00 foot wide strip are to be extended or shortened to tenninate on
the North in a line bearing North 35°18'53" East, and on the South in said Northerly line
of said Map No. 2345.
Said parcel of land contains 2,379 sq.ft., or 0.055 acre more or less.
This legal description was prepared by me or under my direction in conformance with the
Land Surveyor's Act this March 13,2003.
Signed ~ ~~
Mary M. costa, P .loS. 6664
License Expiration Date: 06/30/04
PAWO 1-656-0t3 1656-013-SD-Flowage-Esmt-lgl-desc.doc 'j - c;~
05120/03 ~t)
~ --'
EXHIBIT "B-2"
~ . -D- STREET
r- - è:. - (N71"24'OÓ"E 1323.58') - f =--- - -
~ . _2J!!.S6' - - "~!. PAR. ';<" - - f - - -
54-0 VO '07»E
P.O.c.~ NW CoRNER 18.69'
"",40'. LOT 14 MAP ~~ I ~ PAR. .A" I 0
-t; AREA = (;} I
<?. 4,511 sq.ft ~ D°
"'S-, 0.104 acre N
W ' '" sc.oΠ"~'oo' I [:r-
::) I aT -Jg ~. 0
Z I, ~ ':" ,5 . -1
W -+--2 '?". 1.S S POINT -A -
> <ò 1. [7
cC ~tp I
o'f: N12V7'42»E 88.42'
ã! ^-'\ 17.29' N72Ú'~
~J ~LJ ~'1' ,,<Y~ -- ~ - 'i ~ '; T-'
<{> 0<0 D l/ ~/~ ~
""' ~?,) 1-... R=40 .,.....
~ I ~, )... \r¡' LJ =46 "58:!3» ¡;\1
~ ~ DOlI: L=32.79 1
::! ~ :::) 56377'54"E B
it: 0 ~'r LoT 22 ; 3~6j'_1
~I D D D Q-o.a P~-e. ~~.
N N3578'53»E a> ':i
Q;) , ' 0.. .
% 0 D 0 0'5.17 ~AR. ~B- I~'S'
D AREA = Y1.\
'<:01 . 2,379 sq.ft /1.
I 4?-EJ-Q-Ð- G- 0.055 acre
- -
--ø-- 7' LOr 21
. LEGEND ~ ÇÞ.ND .so.
~ STORM DRAIN EASEMENT ACQUIRED ~
- . - C,Æ FLOWAGE EASEMENT ACQUIRED MARY .ACOSTA
( ) = RECORD DATA PER P.M. 109 ~ 0
c,Æ= CENTERLINE ..,1 No.6664 :0
P.O.c.= POINT OF COMMENCEMENT *~*
T.P.o.8. = TRUE POINT OF BEGINNING ('-it,~'"
APN 566-240-27 IFott PF-# ---
1..:/ /1656/013/1656-Elmt-SD.dwg PCG'1-656-013 -!fr/-,
Tm.£: CITY OF CHULA VISTA DRAWN BY: mmo
"'~ DATf:: o.J,n'3/03
STORM DRAIN EASEMENT PREPAR£D BY: mma ". 5-'7
----....... APPROVW BY:
r -"-==- -==-- -=' N1 FREDERtCKA MANOR (11tRD AV & "81) -- ' .'
SHEET I OF I SHEET
, ATTACHMENT ~
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- RESOLUTION NO. 2003-456
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHUIA VISTA APPROVING AN AGREEMENT BE'IWEEN
THE CITY OF CHULA VISTA AND FRONT PORCH
COMMUNITIES AND SERVICES, AUTHORIZING THE
MAYOR TO SIGN THE AGREEMENT, AND TRANSFERRING
$150,1)()() IN STORM D RAIN REVENUES FROM THE
DRAINAGE..BASIN CONSTRUCTION, EAST OF SECOND
AVENUE PROJECT (DR-l20) TO THE CORRUGATED
METAL PIPE REHABIUTATION ON D STREET,
FREDERICKA MANOR, AND TWIN OAKS CIRCLE
PROJECT (DR-163)
WHEREAS, there is private storm drain system on Fredericka Manor's property that was
not dedicated to the City of Chula Vista ("City"); and
WHEREAS, storm water from Twin Oaks Circle (a public street) flows through
Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way;
and
WHEREAS, the City videotaped the existing private storm drain system which consists
of Corrugated Metal Pipes (CMP) north and south of Fredericka Manor's high-rise building and
Reinforced Concrete Pipes (RCP) under and parallel to the north side of the same building; and
WHEREAS, the video tape revealed serious problems with almost all of the existing
storm drain pipes; and
WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the
storm drain pipes, in the manner proposed,-which are collectively within City streets, within a
City easement, and on private property within Frederi,,¡Ca Manor; and
WHEREAS, to effectuate this objective an agreement between the City of Chula Vista
and Front Porch Communities and Services ("Front Porch") was drafted to allow repairs to be
made to Fredericka Manor's privately-owned storm drain system; and
WHEREAS, in the agreement it was necessary to delineate the responsibility of the City
and Front Porch relative to restoration of the drainage system and future maintenance of the
system; and
WHEREAS, the City wishes to repair and maintain that portion of the storm drain system
where the City is being granted a storm drain easement pursuant to the agreement; and
WHEREAS, the owner of Fredericka Manor will have responsibility and liability for
drainage or other problems associated with its private storm drain system, including that area
where the City has been granted a flowage easement; and
WHEREAS, $150,000 is needed to fund construction of this project; and
WHEREAS, $182,328 in storm drain revenue, which has been appropriated for
construction of the east of Second Avenue Drainage Basin (DR-120), is currently available
r ?;"c:,
.,..... ../;
Resolution 2003-456
Page 2
because that project has been delayed until Fiscal Year 2005 due to ongoing condemnation
proceedings.
NOW, TIIEREFORE, BE IT RESOLVED that the City Council of the City of Chura
Vista hereby approves an agreement with Front Porch Communities and Services to repair storm
drain pipes on and around Fredericka Manor and authorizes the Mayor to sign said agreement.
BE IT FURTIIER RESOLVED that $150,000 in storm drain revenues from the drainage
basin construction, east of Second Avenue Project (DR-120) shall be transferred to the CMP
Rehabilitation on D Street, "Fredericka Manor and Twin Oaks Circle Project (DR-163),
Presented by Approved as to form by
~~~ CZ-. -yyt ~
Ann Moore
Eng ring Director City Attorney
;2-&0
Resolution 2003-456
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of November, 2003, by the following vote:
AYES: Councilmembers: Davis, McCann, Rindone, Salasand Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
;/¿M.!i-
ATTEST:
~~~--'
Susan Bigelow, CM ity 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, 2003456 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of November, 2003.
Executed this 4th day of November, 2003.
~ ~ &e J2.e--'
Susan Bigelow, CMC, City erk
:2 - ~I
- ..---------------------------- -- --------
Ii ATTACHMENTD
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r
ATTA,CHMENl ...þ......- DOC # 2003-1223710
RECORDING REQUESTED BY ~ OCT 03. 2003 3:24 p¡v¡
please return to: IHICIfl REcœDS
City Clerk SAN DIEGO crony REcœDER'S OFFICE
City of Chula Vista GREGORY J. SMITH, COUNTY RECffiDER
P.O. Box 1087 FEES: 0.00
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
^ ^
\ý APN(s) S (¡) (¡;. ,Jt({). )- 7 C.Y. File No.
I~~
I J1 AGREEMENT
i r,f- BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
FRONT PORCH COMMUNITIES AND SERVICES
FOR THE REPAIR OF STORM DRAIN PIPES
ON AND AROUND FREDERICKA MANOR
I.i (,;"; :i_I
This Agreement is made and entered into this ¿ of , 2003 by and
between the City of Chula Vista hereinafter referred to as "City", a municipal corporation, and
Front Porch Communities and Services, owner of Fredericka Manor, hereinafter referred to as
"Owner".
RECITALS
WHEREAS, Front Porch Communities and Services is the owner of Fredericka Manor, a
eldercare and rental retirement community, located at 183 3rd Ave in Chula Vista; and
WHEREAS, there is private storm drain system on Fredericka Manor's property that
was not dedicated to the City of Chula Vista; and
WHEREAS, storm water from Twin Oaks Circle (a public street) flows through
Fredericka Manor's private storm drain system until it reaches the City's D Street right-of-way;
and
WHEREAS, the private storm drain system is shown on Exhibit" A"; and
WHEREAS, the City videotaped the existing private storm drain system shown on
Exhibit" A" which consists of Corrugated Metal Pipes (CMP) north and south of the high rise
building and Reinforced Concrete Pipes (RCP) under and parallel to the north side of the high
rise building; and
~ I" /)ðO3- tj.sb
"..<. ~ ,/1 tj
WHEREAS, the video tape reveals serious problems with all of the existing storm drain
pipes shown on Exhibit" Au; and
WHEREAS, it is mutually beneficial and prudent to repair, under a single contract, the
storm drain pipes shown on Exhibit U Au, in the manner proposed, which are collectively within
City streets, within a City easement, and on private property within Fredericka Manor; and
WHEREAS, it is necessary to delineate the responsibility of the City and Owner relative
to restoration of the drainage system and future maintenance of the system shown on Exhibit
uAu;and
WHEREAS, City wishes to repair and maintain that portion of the storm drain system
located within the new drainage easements granted as part of this Agreement; and
WHEREAS, Owner understands and agrees to repair and maintain that portion of the
storm drain system on its property which is subject to the flowage easement granted as part of
this Agreement.
NOW, THEREFORE, THE CITY OF CHULA VISTA AND FRONT PORCH
COMMUNITIES AND SERVICES do agree as follows:
1. Pre-Construction Planning. City will prepare plats and specifications to repair the CMP
storm drain pipes shown on Exhibit" Au using a pipe lining system, except for the 24"
RCP pipe that parallels the high rise building, which will be grouted.
2. Project Award and Administration. City will advertise the project to receive bids,
provide inspection, award and administer the contract to repair all sections of pipe
delineated on Exhibit "A". Owner shall not be charged performing the services
mentioned in this Paragraph or Paragraph No.1.
3. Owner Project Costs, Owner will pay for the repair of the Corrugated Metal Pipe storm
drain on and around Fredericka Manor delineated on Exhibit" A" as Pipe Numbers 2, 3, 4,
7 and 8, and the grouting of a portion of Pipe Number 5. As stated in Paragraph 2
("Project Award and Administration") City will advertise the project to receive bids and
also award the contract. Awarding of the contract shall be performed pursuant to City
laws relating to public works projects, and the City Council, in their sole discretion, may
reject all bids and re-bid the project. Cost for repair shall be based on the unit cost of each
linear foot of pipe lined, as specified in the bid that is accepted. Notwithstanding the
foregoing, Owner shall not pay more than $103,000, unless the lowest responsible bid is
greater than $159,731 - in which case, City and Owner agree to negotiate an increase in the
Owner's maximum payment amount (of $103,000).
4. Owner Deposit. Owner will deposit with the City $103,000.00 prior to award of contract.
Said funds shall be used only to pay the contractor for work performed on Pipe Numbers
2, 3, 4, 5, 7 and 8. Any funds remaining after completion of the contract shall be returned
to Owner within 40 working days of the filing of the Notice of Completion.
CV - Fredericka Manor
March 2003 Storm Drain Repair I - Page2of6
":;-¡1::
------------------ ---.-. -...-.-
5. City Project Costs. City will pay for the repair of Pipe Numbers 1, 9 and 10, as shown on
Exhibit" A".
6. Storm Drain Easements. Owner will grant to the City storm drain easements in a width
of 15 feet, 7.5 feet on each side of the center of the pipes, for Pipe Numbers 2, 3, 4, 7 and 8,
in the form attached hereto as Exhibit "B".
7. Flowage Easement. Ownèr will grant to the City a flowage easement over Pipe Numbers
5 and 6, in the form attached hereto as Exhibit "C", that will allow public water to be
contained and flow through said storm drain pipes. As more particularly specified in the
flowage easement, City will have no maintenance responsibility for these sections of storm
drain and be held harmless for any damage to the pipes or problems associated with said
Pipes.
8. Term of Agreement and Areas to be Served.
8.1 Term. This Agreement shall commence on the date this Agreement is executed by
City and Owner.
8.2 Areas. The area to be served pursuant to this agreement is located on and around
Fredericka Manor as shown on the plat (Exhibit" A").
8.3 Ongoing Maintenance. The City would agree to assume all ongoing maintenance
costs for repaired facilities on Fredericka Manor, except for:
(a) Tributary pipes feeding into Pipe Numbers 2-8;
(b) Pipe Number 5 on Exhibit" A" which parallels the north side of the high-rise
building;
(c) Pipe Number 6 on Exhibit" A" which runs under the high-rise building; and
(d) Maintenance or repair of iillX of the Pipes on Exhibit" A" caused, in whole or in
part, by the negligent acts, errors or omlssions or willful mlsconduct of the
Owner, its officers, agents, employees, servants, representatives, invitees,
tenants or licensees, including but not limlted to, pre-mature failure or
weakening of the drainage system caused by the dumping of corrosive
materials in a tributary pipe.
9. Right of Entry During Construction. After execution of this Agreement and until
completion of the project, Owner agrees to grant the City, its agencies, contractors, and
subcontractors the right of access and entry to its property, for the purpose of repairing
and replacing the storm drain pipes and accoutrements shown on Exhibit A (Pipes #2-
#8). City shall also have the right to clear any or all storm-generated debris of whatever
nature from the storm drain system located on Owner's property.
CV - Fredericka Manor
March 2003 Storm Drain Repair Page 3 of 6
_/- "ß
10. Mutual Indemnification.
10.1 City's Indemnification. City agrees to defend, indemnify and hold harnùess the
Owner from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) arising directly or indirectly out of the obligations
undertaken in connection with this Agreement which results from the negligent acts,
errors or omissions or the willful misconduct of the City, its officers, agents, employees,
servants or representatives.
10.2 Owner's Indemnification. Owner agrees to defend, indemnify and hold harnùess
the City from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) arising directly or indirectly out of the obligations
undertaken in connection with this Agreement which results from the negligent acts,
errors or omissions or the willful misconduct of the Owner, its officers, agents, employees,
servants, representatives, invitees, tenants or licensees.
10.3 Additional Indemnification Terms. Notwithstanding the duties set forth in Section
10.1, the City shall not be liable for any claims, damages, liability, cost and expense
(including without limitation attorneys fees) that, in absence of this Agreement, the City
would be immune from pursuant to state or federal law.
10.4 Termination of Indemnity Obligations. City and Owner's obligations under
Sections 10.1 and 10.2 shall terminate upon completion of construction of the project.
11. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of
the successors, assigns and interests of the parties as to any or all of the Properties until
released by the mutual consent of the parties.
12. Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.s. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A Party may change such address for the purpose of this paragraph by
giving written notice of such change to the other Party. Addresses for any such notice
shall be:
For tire ~City ç;;;;; :;a~ t:fJ;J
~wanson
Director of Engineering
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
CV - Fredericka Manor
March 2003 Storm Drain Repair ...., Page 4 of 6
"'
-!...
--.-...----...-.---........ ..----
For Front Porch Communities and Sen,ices:
Gary Wheeler, Chief Executive Officer
Front Porch Communities and Services
2835 N. Naomi Street, Suite 300
Burbank, California 91504
or
Executive Director
Fredericka Manor
183 Third Avenue
Chula Vista, California, 91910
13, 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.
14. Amendments to Agreement, Any modifications of the terms of this Agreement must be
made with the mutual consent of all parties by a subsequent written agreement.
15. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
16. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's office.
17. Goveming LawfYenue. 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 of
Chula Vista.
[NEXT PAGE IS THE SIGNATURE PAGE]
CV - Fredericka Manor
March 20æ Storm Drain Repair y) Page 5 of 6
"ì
<><
. _.0__--__--"'---""-"-'---""'-'--"-'"
SIGNATURE PAGE
FOR
AGREEMENT
BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
FRONT PORCH COMMUNITIES AND SERVICES
FOR THE REPAIR OF STORM DRAIN PIPES
ON AND AROUND FREDERICKA MANOR
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITYOFCHULA VISTA
. ;;Jl;. ru'p",.... ond poliOk
By: -:rC:¡¿~
Stephen Padilla, Mayor
ArrEST:
~ _£ÁAc4 1"
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
C^--~ ~,
Ann Y. Moo e, City Attorney
unities and Services
CV - Fredericka Manor
March 2003 Storm Drain Repair Page6of6
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/'/)
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This Instrument Benefits City Only.
No Fee Required. .... This Space for Recorder's Use Only ..
-- ~,-- ---- ... "-~
APN(s) - ---- c.V. File No.
EASEMENT FOR DRAINAGE PURPOSES
EXHIBIT B
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FRONT PORCH COMMUNITIES AND SERVICES,
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, and the right to construct, maintain, operate, replace, remove or
enlarge drain sewers and appurtenant structures in, upon, over and across that certain real property situated
in said City ofChula Vista and more particularly described as follows:
THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "B-1", ATTACHED
HERETO AND BY REFERENCE MADE A PART HEREOF.
THE EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "B-2"
LABELED PAR "A" AND PAR "Boo 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.
Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the
surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry
fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or
the instalJation of privately-owned pipelines shalJ be prohibited unless written permission is first obtained
trorn the City of Chula Vista.
ay of ~------' 200..3.
By:
ee er, Chief Executive Officer, Front Porch Communities and Services
(Notary Acknowledgment Required for Each Signature)
~
0<-
- --. ..----- ----------..----
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
r.==:C'C.C'C'"'M"'=""-~1
! ~ ¥ ~ ~
: County of 'f) ~. ~
~ onJu1 ~,() fJtn73 ,before me, . )h.~~~Offi?!!~J"~' '
~ personally appeared . '
~ ,mo,,¡ofS'9'OC"I:
, n i personally known to me
! ,", ~- m ~ 00 "" ",', " ~,.","'^
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
.. fJ == ""~"O"d" m"," "",.""" "'""'"
, , NalllyPWIIIII.C8IfamII the same in his/her/their authorized
, LwAn 8ll8Coun1r capacity(ies), and that by his/her/their
IIrCamm.EllpnlMly2D,JDIIII signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
;;;;:;:7J;. o~
"ocoN.,."S""',,, SI,"'c,"ofNo"~ 'cblio
OPTIONAL
~ Though the information below is not required by law, it may prove valuable to persons relying on the document
~ and could prevent fraudutent removal and reattachment of this form /0 another document.
i Description of Attache~~ ~ & £kfww 13
: Title or Type of Document: ~.J TJI flJ~S
I Ooc,mom Omo --- 'om" "",~
: ',""""J ~M""," ~-- -
Capacity(ies) Claimed by Signer
Signer's Name: ,.
Individual Top of thumb here
~ Corporate Officer - Title(s):
j;j Partner - C limited 0 General
~ " Attorney in Fact
, r~ Trustee
I "G""",~ "'OO~-
: [J Other: -
Signer Is Representing:
: < D; "'" ""'= -c<; '0<; "'" ,0."-"'-- 'CZ. ,«"",'<xC'"""""""""""""""""""""""""""""""" '<XC <x; '<XC "'" ~ ~ '% "'" '<X)<R, '% "'" '% "'" '% ~ 'Q'!
. ""N"',,"' """"",",""."" O. S"o'". '.0. "" ""","".O""c""".,'"'_N"~'~"""" p"", "07 ,."", C." "".F". ,...,...,...."
- -:L
-< -"
n_""_,--~'--- -_",_,"-'-"" ...
Exhibit B 2
Drainage Easement
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 confèrred by Resolution No. 15645 ofsaid 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: JßUc.IL ÑoMd. Date: lJ~fDj,t)" ". ~.,
.....
H: IH 0 MEIEN G INEER ILANDD EVIF orms-OfficiallEasementslEasement Drainage.doc
- 73
EXHIBIT "B.1"
LEGAL DESCRIPTION
Storm Drain Easements
PARCEL "A"
That portion of Lot 19 of Quarter Section 136 of Map No. 505, filed in the Office of the
County Recorder of San Diego County March 13, 1888, in the City of Chula Vista,
County of San Diego, State of California, described as follows:
A strip ofland 15.00 feet in width, said strip lying 7.50 feet on each side of the following
described center line:
COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly
line thereof, North 71 °24'00" East, 291.56 feet to the TRUE POINT OF BEGINNING;
thence leaving said Northerly line, South 40°00'07" East, 18.69 feet; thence South
48°01 '46" East, 282.02 feet to a point herein designated as Point "A", said point being
the POINT OF TERMINUS,
The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on
the North in said Northerly line of said Lot 19; and on the South in a line bearing North
12°07'42" East.
Said parcel of land contains 4,511 sq.ft., or 0.104 acre more or less,
PARCEL"B"
That portion of Lots 21, and 22 of Quarter Section 136 of Map No. 505, filed in the
Office ofthe County Recorder of San Diego County March 13, 1888, in the City ofChula
Vista, County of San Diego, State of California, described as follows:
A strip ofland 15.00 feet in width, said strip lying 7.50 feet on each side of the following
described center line:
PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc
OS/20/03 - 1/1./'
,£' ¡
.---. --.--------...-.
COMMENCING at said Point "A" as described in Parcel "A" above; thence North
72°17'11" East, 88.42 feet; thence South 16°19'41" East, 159.41 feet to the beginning ofa
tangent 40.00 foot radius curve concave to the Northeast; thence Southeasterly along the
arc of said curve through a central angle of 46°58'13" a distance of 32.79 feet; thence
South 63°17'54" East, 39.66 feet to the TRUE POINT OF BEGINNING; thence South
46°04'21" East, 158.60 feet to a point in the Northerly line of Hermosa Manor according
to the Map thereof No. 2345, filed in the Office of the Recorder of said San Diego
County August 27, 1946, said point being North 71 °22'12" East, 11.88 feet from the
Northwesterly corner of said Map No. 2345, said point also being the POINT OF
TERMINUS.
The sidelines of said 15.00 foot wide strip are to be extended or shortened to terminate on
the North in a line bearing North 35°18'53" East, and on the South in said Northerly line
of said Map No. 2345.
Said parcel ofland contains 2,379 sq.ft., or 0.055 acre more or less.
This legal description was prepared by me or under my direction in conformance with the
Land Surveyor's Act this March 13,2003.
Signed ~ lfn..aw.s-b...
Mary M. costa, P.LS. 6664
License Expiration Date: 06/30/04
PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc
05/20/03 "",-
/. .~
-'
EXHIBIT "B-2"
<::, -D- S~EET -
- 't - f -
<::, (N71"24'OOwE 1323.58') --
-
't _2.21.56' T.P.o.S. PAR. -A-
-- -- --f!? -1--
P.o.c. - NW CoRNER S40VO'OrE I
LOT 19, MAP 505-' J 18.69' 0
0 I D~
- ,---- ~
---
W SCALE: 1"=100' jus
I i, I O-r -j9
~ 2'
<0 /U
-c >(b
c ^-"O-¡: N12V7'4rE
g;; 17.29'
¡!: T --
LJ «) CD
W L I IX
D UJ
c!J 3:
~ 0
~ V' ~J 1-
~, ~ ~~D D i
iii
~
...
it: 0 ~"r LOT 22 CD
..., D D D Lr.~o.a P~;-
~I
~ N3518'53-E
0 D 0 0,5.,7' ~AR. ~B.
[] A~=
2,379 sq.ft
! I -OÐ- G- 0.055 acre
- -
LOr 27
. LEGEND
~ STORM DRAIN EASEMENT ACQUIRED
- . - efi FLOWAGE EASEMENT ACQU/RED
( ) = RECORD DATA PER P.!.!. 109
Cfi= CENTERLINE
P.O.c.= POINT OF COMMENCEMENT
T.P. 0.8. = TRUE POINT OF BEGINNING
APN 566-240-27 PF-I ---
l: / /1656/013/1656-Eomt-SD.dwg PCCl1-656-013
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only. No fee required
^ ^
APN(s) C.V. File No.
FLOW AGE EASEMENT
EXHIBITC
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Front Porch Communities and Services
hereby grant(s) to the CITY OF CHULA VISTA (hereinafter "City"), a municipal corporation, in
the County of San Diego, State of California, an easement and right of way for the free and
unobstructed FLOWAGE of waters over, under, upon, and across the hereinafter described
land and more particularly described as follows:
THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "C-l",
ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
THIS EASEMENT AREA SHOWN DIAGRAMMATICALLY ON EXHIBIT "C-2"
LABELED "FLOWAGE EASEMENT" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF.
This Easement shall be subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. After the effective date of this Easement, Grantor and its
successors and assigns shall not construct, erect, cause to be placed, or allow to be placed any
structure, building, utilities, fence, material, device, thing, matter, or plant that could impede
the flow of, or reduce the maximum flow rate of, water through the Easement Area, without the
prior written approval of the City Engineer. The Grantor shall, upon receipt of written notice
from the City remove cited obstructions which prevent or may prevent proper flowage of water
under or across the Easement Area.
2. MAINTENANCE OF EASEMENT. The Grantor and its successors and assigns shall keep
and preserve the Easement Area, including the private storm drain system in good repair and
condition at all times, and shall remove all dead trees, shrubs, brush and trash which might
obstruct or impede the flow of water. The City shall incur no expense nor have any obligation
of any kind whatsoever in connection with maintenance of the Easement Area, including but
not limited to the drainage system residing thereon, and Grantor expressly waives the benefits
._»0
,."~
EXHIBIT C 2
of any federal, state or local law now or hereafter in effect which would otherwise afford
Grantor the right to make repairs at the City's expense or force the City to repair, replace or
main tam the private drainage system within the Easement Areas.
3. CHANGE IN GRADE PROHIBITED. Grantor and its successors and assigns shall not
change the grade, elevation or contour of any part of the Easement Area without obtaining the
prior written consent of the City Engineer.
4, INDEMNIFICATION, Grantor shall indemnify, defend 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 the City's
use of this Easement, except where said liability arises out of the sole negligence or sale willful
misconduct of the City, Grantor hereby assumes all risk of damage to property or injury to
persons in or about the Easement from any cause, and Grantor hereby waives all claims in
respect thereof against City, excepting where said damage arises out of the sale negligence or
sole willful misconduct of the City,
5, RIGHT OF ACCESS, The City, its officers, agents and employees and any contractor
engaged by City, and its agents and employees, shall have the right of access to the Easement
Area as well as those portions of the Grantor's property adjacent to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of the
Easement Area as herein described, including, but not limited to, the right to remove any
unauthorized obstructions or structures placed or erected on the Easement Area that is
impeding adequate and proper flowage of water over, under, upon and across Grantor's
property, The City, its officers, agents and employees and any contractor, its agents and
employees engaged by City shan also have the right to deposit tools, implements and other
materials on the Easement Area as well as those portions of the Grantor's property adjacent to
the Easement Area,
6, EASEMENT RUNS WITH LAND, This Easement shan be perpetual, permanent and runs
with the land and shall be binding on Grantor and on Grantor's successors and assigns,
Signed this ~daYOf~ ,2003
By:
e er, Chief Executive Officer Front Porch Communities and Services
(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 granteels) consentls) to the recordation thereof by its duly
authorized officer.
By: J ~ Jfo /W.i, it Date: !ßw Iuc, ~ ø7CtJ3
SUSAN BIGELOW, CITY C RK
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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personally appeared, ' '
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OPTIONAL
ThDugh the Information below is not required by law, il may prove valuable to persons relying Dn the document
and could prevent fraudulent removal and reetlachment Dfthis form to another document.
Description of Attached ~jU7Jtr1 ÇLì l1A./Aff £ tuJ; + C!--
Hie or Type of Document: ~ ~ Çe )L I
Document Date:_____- -- ----..-- Number of Pages:
Signer(s) Other Than Named Above: --'
Capacity(les) Claimed by Signer
Signer's Name:
C Individual Top of 'hun,b here
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Signer Is Representing:
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EXHIBIT "C-1"
LEGAL DESCRIPTION
Flowage Easement
That portion of Lots 19 and 22 of Quarter Section 136 of Map No. 505, filed in the Office
of the County Recorder of San Diego County March 13, 1888, in the City ofChula Vista,
County of San Diego, State of California, described as follows:
COMMENCING at the Northwesterly comer of said Lot 19; thence along the Northerly
line thereof, North 71 °24'00" East, 291.56 feet; thence leaving said Northerly line, South
40°00'07" East, 18.69 feet; thence South 48°01 '46" East, 282.02 feet to the TRUE
POINT OF BEGINNING; thence North 72°17'11" East, 88.42 feet; thence South
16°19'41" East, 159.41 feet to the beginning of a tangent 40.00 foot radius curve concave
to the Northeast; thence Southeasterly along the arc of said curve through a central angle
of 46°58'13" a distance of 32.79 feet; thence South 63°17'54" East, 39.66 feet to the
POINT OF TERMINUS.
This legal description was prepared by me or under my direction in conformance with the
Land Surveyor's Act this March 13, 2003.
Signed ~ßþ.
Mary M. Acosta, P.LS. 6664
License Expiration Date: 06/30/04
PAWO 1-656-013 1656-013-SD-Flowage-Esmt-lgl-desc.doc
OS/20/03 ~./)()
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EXH/B/ T "C-211
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p:o.c. -= NW CoRNER 18.69'
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. LEGEND
~ STORM DRAIN EASEMENT ACQUIRED
- . - c/L FLOWAGE EASEMENT ACQUIRED
( ) = RECORD DA TA PER P.M. 109
c/L = CENTERLINE
P,O.C.= POINT OF COMMENCEMENT
T.P.O.B. = TRUE PO/NT OF BEG/NNING
APN 566-240-27 PF.'
L: / /1656/013/1656-Esmt-SD.dwg PCGII-656-013 ---
"' POUNTNEY TITLE: CITY OF CHULA VISTA ;2.-g¡
-"=--"="~....- STORM DRAIN EASEMENT
r_~-==-_-=:,... FREDERICKA MANOR AV & 'D" ST
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONSTRUCTION CONTRACT FOR THE CMP
REHABILITATION PROGRAM-D STREET, FREDERICKA
MANOR, AND TWIN OAKS CIRCLE (DR-163) PROJECT
WHEREAS, as part of the City's ongoing program to repair or replace corrugated metal
drainage pipe (CMP) prior to failure, City staff have identified certain local drainage pipes which
are corroding and in need of rehabilitation; and
WHEREAS, "CMP Rehabilitation Program-D Street, Fredericka Manor, and Twin Oaks
Circle (DR-163)" project will reline drainage facilities in the subject area; and
WHEREAS, on December 10, 2003, staff received bids from three contractors for the
construction phase as follows:
CONTRACTOR BID AMOUNT
1. RePipe California, Inc. - Ontario, California $136,700
2. Instituform Technologies, Inc. - Benecia, California $156,191
3. H.M.S. Construction - San Marcos, California $204,400
WHEREAS, the low bid by RePipe California, Inc. is approximately 14% below the
Engineer's estimate of $159,540; and
WHEREAS, Engineering staff has verified the references provided by the contractor and
their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and is recommending awarding a contract in
the amount of $136,700 to RePipe California, Inc. of Ontario, California; and
WHEREAS, Environmental Review Coordinator has reviewed the proposed project and
has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section
15301 of the State CEQA Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby accept the bids and awards the construction contract for the "CMP Rehabilitation
.., 9 \
,.( -.~ ~-
---~---------.~--_._--
Program-D Street, Fredericka Manor, and Twin Oaks Circle (DR-163)" project, to RePipe
California, Inc. in the amount of $136,700.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
Vo.-- t, (-I-~ ~ &.
Jack Griffin Ann Moore
Director of General Services City Attorney
LlRESOIB[)S\CMP Rehab Pcog.-D St.- fredericka-Twin Oaks.doc
~,qj
COUNCIL AGENDA STATEMENT
~-'
Item --'
Meeting Date: 1/27/04
ITEM TITLE: Resolution Accepting bids and awarding a construction
contract for the CMP Storm Drain Pipe Replacement on Various
Streets (DR-16l) Project
SUBMITTED BY: Director of General Services/City Engineer &r--
REVIEWED BY: City Manage&f Q¡V (4/Sths Vote: Yes - No XJ
tvJ'
BACKGROUND: As part of an ongoing Citywide program to replace corrugated metal
drainage pipe (CMP) throughout the City, staff have identified a number of stOTI11 drain
facilities, primarily in the Montgomery area and within CDBG eligible areas, which are
deteriorated and are in need of replacement. The CMP Storm Drain Pipe Replacement on
Various Streets (DR-16l) Project will remove and replace those drainage facilities.
RECOMMENDATION: That Council adopt a resolution accepting bids and awarding a
$182,890 construction contract for the CMP Storm Drain Pipe Replacement on Various
Streets (DR-161) Project, to MJC Construction ofChula Vista, California.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This ongoing project will continue rehabilitation of the City's system of corrugated metal
storm drain pipes. A number of pipes recently videotaped by Public Works Operations
were found to be significantly deteriorated and in need of replacement. Ninety-two percent
(92%) of the proposed rehabilitation project will occur in the Montgomery area with the
remaining work to occur elsewhere on the west side ofChula Vista (summarized in Table I
of Attachment A). The City has a list of existing pipes that need rehabilitation with a total
length of approximately 92,500 feet. This project will replace 1,010 feet of existing
corrugated metal stOTI11 drain pipes.
The general scope of the project involves the removal and replacement of existing
corrugated metal pipe, including all labor, material, equipment, tools, transportation,
mobilization, traffic control, removal and disposal of existing improvements, and other
work necessary to construct the project in accordance with City standards.
On December 10, 2003, Engineering staff received and opened bids from four contractors
for the construction phase as follows:
g-I
---.
'Page 2, Item ~
Meeting Date 1/27/04
CONTRACTOR BID AMOUNT
1. MJC Construction, Chula Vista, California $182,890
2. K.T.A. Construction, Inc., El Cajon, California $203,120
3. Bert W. Salas, Inc., Santee, California $246,391
4. RM.R Construction, Spring Valley, California $432,822
The low bid by MJC Construction is approximately 26% below the Engineer's estimate of
$229,780. The Engineer's estimate was based on average prices for similar types of work
completed during the last two years. References provided by the contractor have been
reviewed and their work record found to be satisfactory. The Contractor's license is
current and active, and is not listed as "excluded" from the Federal Procurement Programs
list as of November 14,2003. After reviewing the low bid, staff recommends awarding a
$182,890 contract to MJC Construction ofChula Vista, California.
Contract Amount Revision: The contract documents allow the City to decrease or increase
the unit quantity for the rehabilitation of additional pipes without a change in the contract
unit price bid by the Contractor.
Disadvantaged Business Enterprise (DB E) Goal: The bid document set forth participation
requirements per Federal regulations for meeting the disadvantaged and women-owned
business goals. Community Development reviewed the four submittals and concluded that
a DBE review is not required since the lowest bidder, MJC Construction, did not list any
subcontractors for this project (Attachment B).
Disclosure Statement: Attached is a copy of the contractor's Disclosure Statement
(Attachment C).
Environmental Status: The Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project qualifies for a Class I (c) (Existing Facilities) categorical
exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the National Environmental Protection Act (NEP A) and has determined that the
project qualifies for an exemption from NEPA pursuant to 24 CFR 58.34(a). Thus, no
further approval from HUD or the State is necessary for the draw down of funds to
implement this project.
Prevailing Wage Statement: The funding source for this project is Community
Development Block Grant (CDBG) funds. Based on current project funding guidelines, the
Contractor is obligated to meet the prevailing wage requirements which were included as
part of the bid documents for this project. Prevailing wage scales are those determined by
the Federal Department of Labor.
'3-. d-
Page 3, Item ~
Meeting Date 1/27/04
FISCAL IMPACT:
Engineering staff has estimated the total project cost to be $266,890, of which construction
is $182,890 based on the recommended low bid. The project will be entirely funded by
CDBG funds which have already been appropriated for this project as part of the FY2003-
04 capital improvement program budget.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount $182,890
B. Contingencies, including additional locations (approx. 30%) $54,000
C. Staff Costs (Design & Inspection) $30,000
TOTAL $266,890
FUNDS AVAILABLE FOR PROJECT
A. Community Development Block Grant (2654161333) I $266,890
TOTAL I $266,890
Upon completion of the project, the improvements will require only routine City drainage
mamtenance.
Attachments: A - Table I - Location & Sizes of Drainage Pipes to be Replaced
B - Disadvantaged Business Enterprise (DB E) Memorandum
C - Contractor's Disclosure Statement
JI,ng;nm\aGENDA\DRI61-AIIJ-CM(çb).doc
3-3
ATTACHMENT A
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Mtic,i--VI\ev-J 13
~{f?. Community Deveiopment Department
~..~ City Of Chuta Vista MEMO
276 Fourth Avenue
- Chuta Vista, Ca 91910
CIlY OF 619.585.5722 - 619.585.5698 Fax
CHUlA VISTA ¡a!wood@ci.chula-vista.ca.us
Thursday, January 08, 2004
TO: JIM HOLMES, CIVIL ENGINEER, DESIGN SECTION ~
I) ,
FROM: JUDITH ATWOOD, SENIOR MANAGEMENT ANALYST ~ "
RE: MBE/WBE for DR-161 (CMP STORM DRAIN PIPE REPLACEMENT)
I have reviewed the bid proposal from Jimenez Inc. DBA MJC Construction for the
Storm Drain Pipe Replacement program. Since MJC has not identified any
subcontractors in their bid proposal, I have determined that MBE/WBE certification of
subcontractors is not required for this project.
Please call me at extension 5036 if you have any questions.
:3' -8'
.-.-.. ---- --.
A TT A CHMENT C
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following infonnation must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e,g., owner, applicant, contractor, subcontractor, material supplier.
.,Ji\vl en.- ;r I H E" ¡..Jc:-z...
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
.jAv! ER. -:;-1 kE"-Ic-z..
3. If any person' identified pursuant to (I) above is a non-profit organization or 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.
~l?-
-
4. Please identifY every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
j"fwl E:(2... ()ll-iE' NEZ-
5. Has any person' associated with this contract had any financial dealings with an official" of the City
ofChula Vista as it relates to this contract within the past 12 months? Yes- No~
47 9-9
HEngineerIDESIGN\Dr16!IDRI6! ContTact REV IA.doc
II Yes, briefly describe the nature of the financial interest the official" may have in this
contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No ;:>{Yes - If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money
to retire a legal debt, gift, loan, etc.) Yes - No ~
It Yes, which official" and what was the nature of item provided?
Date: 17-/{)-Q::, \~ ¿)~
f;:;ure of Contractor/Applicant
JAVlER/ J'Î MEN E:L.-
Print or type name of Contractor/Applicant
-
, Person is defined as: any individuaJ, [urn, co-partnership, joint venture, association, socia] club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unIt.
" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
48
J:\EngineerIDESIGN\DrI6IIDRI61 Contract REV lA.doc 3-/0
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONSTRUCTION CONTRACT FOR THE CMP STORM
DRAIN REPLACEMENT ON VARIOUS STREETS (DR-161)
PROJECT
WHEREAS, as part of the ongoing Citywide program to replace corrugated metal
drainage pipe (CMP) throughout the City, staff have identified a number of stonn drain facilities,
which have deteriorated and are in need ofreplacement; and
WHEREAS, the "CMP Storm Drain Pipe Replacement on Various Streets (DR-16l)"
project will remove and replace those drainage facilities; and
WHEREAS, on Wednesday, December 10, 2003, the Engineering staff received four
sealed bids for the "construction phase as follows:
Contractor Bid Amount
1. MJC Construction, Chula Vista, CA $ 182,890
2. K.T.A. Construction, Inc., El Cajon, CA $ 203,120
3. Bert W. Salas, Inc., Santee, CA $ 246,391
4. RM.R Construction, Spring Valley, CA $ 432,822
WHEREAS, the low bid by MJC Construction. is approximately 26% below the
Engineer's estimate of$229,780; and
WHEREAS, references provided by the contractor have been reviewed and their work
record found to be satisfactory; and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to
MJC Construction ofChula Vista, California in the amount of$182,890; and
WHEREAS, based on the current project funding guidelines, the Contractor is obligated
to meet the prevailing wage requirements which were included as part of the bid documents for
this project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the project qualifies for a Class 1 (c) (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State CEQA Guidelines.
3-//
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby accept the bids and award the contract for the "CMP Storm Drain Pipe Replacement
on Various Streets (DR-16l)" project to MJC Construction in the amount of$182,890.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
D~ Î. H~
Jack Griffin Ann Moore
Director of General Services City Attorney
Jlattom,ylcc,olbidsIM.IC Con'¡mc1ion
3-/d-.
COUNCIL AGENDA STATEMENT
Item~
MeetIng Date 1/27/04
ITEM TITLE: Resolution Granting a 20 foot wide utility easement to San Diego
Gas & Electric as needed for the Otay Lakes Road Underground Conversion
project, L Y-033, across City-owned Open Space property located on the west
side ofOtay Lakes Road south of Bonita Road and authorizing Mayor to execute
the easement.
SUBMITTED BY: Director of General Services/City Engineer %
REVIEWED BY: City Manager (; ("-- 0./ (4/5ths Vote: Yes - NolO
'j-"yl
On May 1, 2002, San Diego Gas & Electric submitted a letter requesting a permanent easement along
Otay Lakes Road south of Bonita Road over City-owned Open Space property. The easement is needed
to install a new steel power pole and underground utilities related to the Otay Lakes Road Underground
Conversion project, L Y-033.
RECOMMENDATION: That Council adopt the subject resolution granting a 20 foot wide utility
easement to San Diego Gas & Electric as needed for the Otay Lakes Road Underground Conversion
project, L Y -033, across City-owned Open Space property located on the west side ofOtay Lakes Road
south of Bonita Road and authorizing Mayor to execute the easement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed easement is located on a parcel owned by the City for park, recreational, open space, public
utilities and other public purposes accepted by the City as Lot Number 243 on the Rancho Robinhood III
subdivision map, Map No. 8604 and recorded June 24, 1977. Staffftom the Engineering and Open Space
divisions worked with SDG&E to find a suitable location for the easement and utilities that would not be
in conflict with existing landscaping, irrigation and public trail systems within this City parcel. The
easement is 20 feet wide and approximately 90 feet long (total area of 1, 832 sq. ft.) and is located
adjacent to the Otay Lakes Road right-of-way (see Exhibit "A").
SDG&E indicates the installation of a new steel power pole and associated underground electric utilities
that is to be installed in alignment of the existing major overhead utilities is necessary to serve the
facilities that will be converted to underground along Otay Lakes Road. SDG&E agreed to replace any
damaged landscaping and/or irrigation facilities as a result of the equipment installation.
The language in the easements has been reviewed by the City's Engineering Department and approved by
the City Attorney's office (see Exhibit "8").
FISCAL IMP ACT: There is no cost to the General Fund.
Exhibit: A - Copy of Easement Document from SDG&E
B - Easement plat
J\Engmeer\AGENDA \PI'308- Resodoc
l/-
----- --
EX/-\\16i'l "À ,-
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
c/o Sempra Energy
8335 Century Park Court, Suite 100
San Diego, CA 92123-1569
Attn: Real Estate Records - CPIID
SPACE ABOVE FOR RECORDER'S USE
Project No: 830438-070
Construction No: 2554880 Transfer Tax
APN No: 593-320-43 SAN DIEGO GAS & ELECTRIC COMPANY
Sketch No. S-3333-381
EASEMENT
CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, as Grantor, for valuable
consideration, receipt of which is hereby acknowledged grant(s) to SAN DIEGO GAS & ELECTRIC
COMPANY, a corporation, as Grantee, a non-exclusive easement and right-of-way, in, upon, over,
under and across the lands hereinafter described, to excavate for, place, lay, construct, operate, use,
patrol, maintain, repair, replace, reconstruct, alter, improve, add to, relocate or remove at any time and
from time to time, for the transmission and distribution of ELECTRICITY and for all purposes
connected therewith including, but not limited to, communication purposes and underground facilities
consisting of conduits, manholes, handholes and junction boxes with wires and cables placed therein and
aboveground structures necessary for the operation of said underground facilities and all miscellaneous
equipment and material connected therewith, together with the right of ingress thereto and egress
therefrom by a practical route or routes in, upon, over and across the hereinafter described lands,
together with the right to clear and keep clear said easement and right of way, from explosives,
materials, buildings or other structures. Grantee shall give Grantor seventy-two (72) hours prior notice
of Grantee's intent to enlarge or add to the facilities.
The lands in which said easement and right-of-way are hereby granted are more particularly
described as follows:
Lot 243 of Rancho Robinhood III, in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. 8604, filed June 24, 1977 at File No. 77-
252569 in the Office of the County Recorder of said County of San Diego.
The easement is more particularly described in the Exhibit "A" and shown and delineated on the
Exhibit "B", attached hereto and made a part hereof.
Except as expressly provided herein Grantor reserves all right, title and interest to the easement
property, including continued use of the surface thereof to the extent not inconsistent with the terms of
this easement. Grantor also reserves any and all emergency authority and police powers with respect to
the easement property. Grantor agrees, however, to not dig or drill any well, plant any tree, erect, place
or construct any pipeline, irrigation ditch, building, wall, fence or other structure, nor impound or store
fluids or materials within the boundaries of the above described easement and right-of-way. Grantor
may maintain that landscaping, together with its irrigation, which exists as of the date of this easement
#122303v3 Lf-;).
-1-
---
and Grantee expressly consents to the construction of a rolled curb within the right of way and adjacent
to Otay Lakes Road for easement access.
Grantor also agrees not to increase or decrease the ground surface elevations within the
boundaries of the above described easement and right of way existing at the date of execution of this
instrument, nor shall the said ground surface be penetrated to a depth in excess of 18 inches by any tool
or implement, without the previous written consent of the Grantee.
Grantee shall have the right to trim, cut and remove trees, foliage and roots upon and from within
the above described easement and right of way whenever in Grantee's judgment the same shall be
necessary for the convenient and safe exercise of the rights herein granted.
Grantor shall not grant or dedicate any other easement on, under or over the above described
easement and right of way without first securing Grantee's written approval which shall not be
unreasonably withheld, delayed or conditioned. This easement is not assignable without Grantor's prior
written consent, which shall not be unreasonably withheld, delayed or conditioned. Any attempted
assignment in violation of this provision shall be void.
Grantee shall have the right during construction of Grantee's initial facilities, to use for the
purposes incidental to said construction a strip of land 40.00 feet in width adjacent and contiguous to the
herein granted easement and right of way, said strip to be in whole or in part on either side of said
easement and right of way, said right to use said strip ofland ceasing and being terminated at such time
as said initial construction is completed.
Nothing in this easement shall be construed as (i) waiving any right(s) that Grantor may have, if
any, to require Grantee to obtain permits for the construction of Grantee's facilities; and (ii) bestowing
upon Grantor any additional right that Grantor may have at law to require Grantee to obtain permits from
Grantor for the construction of its facilities.
The legal description for this easement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 of the Business and Professions Code, State ofCalifomia.
The terms, covenants and conditions of this easement and right of way shall be binding upon and
inure to the benefit of any heirs, successors, executors, administrators, permittees, licensees, agents or
assigns of Grantor and the successors and assigns of Grantee.
IN WITNESS WHEREOF, Grantor executed this instrument this - day of
,2003.
THE CITY OF CHULA VISTA, A MUNICIPAL
CORPORATION
BY:
TITLE:
#122303v3 J/~3
-2-
a______----- - - - ---- -- ------- -------..-
Drawn Me Guire
Date 03/05/2002
Revised 06/12/2002, Revised 06/28/2002
STATE OF )
COUNTY OF )SS.
On , before me
(name, title of officer), appeared
0 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
#122303v3 4-4
-3-
... --""---------0----_'_-"0___- - -------....----
EXHIBIT "A"
The said easement in the aforesaid lands shall be 20.00 feet in width, the centerline of which is
described as follows:
Commencing at a lead with tack and disc stamped "RCE 13177", marking a 6.00 foot offset to
the Northeast corner of Lot 213 of Rancho Robinhood III, according to Map thereof No. 8604, filed in
the Office of the County Recorder of the County of San Diego, State of California; said offset bears
South 71° 33' 03" East, 51.01 feet (rec. South 71° 54' 08" East, 51.00 feet) from a lead with tack and
disc stamped "RCE 13177", marking a 6.00 foot offset to a point on the Northerly line of said Lot 213,
being the beginning of a tangent 512.00 foot radius curve concave Southeasterly; thence from said 6.00
foot offset to the Northeast corner of Lot 213, North 38° 38' 03" West, 343.26 feet; thence South 08° 58'
18" East, 5.00 feet to the TRUE POINT OF BEGINNING of the centerline herein described; thence
retracing North 08° 58' 18" West, 91.59 feet to a point on the Northeasterly line of Lot 243 of said
Rancho Robinhood III.
The sidelines of the above described easement shall be lengthened and/or shortened so as to
terminate in said Northeasterly line of Lot 243.
Said easement consisting of 1,831.73 square feet.
#122303v3 Lt"5
-4-
rc
~
N
@ 243 I
32
---
~ ---
---
--- -
211
245
RANCHO ROBINHOOD III
!HIS PlAT WAS PREPARED BY ME OR UNDER MY MAP 8604
DIRECTION IN CONFORMANCE 'ft1!H !HE LAND
SURVEYOR'S ACT ON JUNE 26, 2002. 89829 RérEÆ£NC£: ,.5-..3333- 381
fit¿ ~ I;. ffi ('/l('~z..- SHEET 1 OF 2
lS 5334
SAN DIEGO GAS & ELECTRIC ORIGINATOR: PROJECT NO.
SAN DIEGO, CALIFORNIA 830438-070
CaNST. NO.
TL 628 OTAY lAKES RD 20A CONY 2554880
OTAY LAKES RD BETWEEN BONITA RD & CAMINO OA1£: 6-26-02 !HOS. BROS'131O-H3 DRAWING NO.
DEL CERRO GRANDE SAN DIEGO SCALE: '"=100'
NO. SUPPLEMENTS DATE: BY APP'D
-
NOl 1£: N: \SDGE\SDD1D038\01 003805.DWG POINTS FILE: G: \SURVEY\Ol0038BB.PTS
E2Za INDICATES SOG&E EASEMENT ¡
(AREA = 1831.73 SQ. FT.)
N
°14;.. I
~.r~
J>..þ,
°4/)
243
RANCHO ROBINHOOD III
MAP 8604 243 "
~
5.00'
S8'58"8"E
" DETAIL
',.¿.þ~ SCALE 1"=20'
-2.'!!t .
«'G"â-~ó
~ ,,(T.
11iIS PlAT WAS PREPARED BY ME OR UNDER MY ~~(>. .eEFERE¡ffC[ .s -3333. - 38 t
OIREC11ON IN CONfæMANCE Wl11i THE LAND ~.L-'"
SURVEYOR'S ACT ON JJNE 26, 2002. "
et 6 rzoh;-¡þ "
~ Iu.¡'z- '
PAUL G, ROBOnA LS 5334 UG ELEC SHEET 2 OF 2
SAN DIEGO GAS & ELECTRIC æIGlNATOR: PROJECT NO,
SAN DIEGO, CALIFORNIA 830438-070
CONST, NO,
TL 628 OTAY LAKES RD 20A CONY 2554880
OTAY LAKES RD BETWEEN BONITA RD & CAMINO DATE:
DRAWING NO.
DEL CERRO GRANDE SAN DIEGO SCALE:
NO. SUPPLEMENTS DATE: BY APP'D
-
NOLTE: N: \SDGE\SDOIOO38\OIOO380ò.OWG POINTS FILE: G: \SURVEY\DI OD38BB.PTS
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VrST A GRANTING A 20 FOOT WIDE UTILITY
EASEMENT TO SAN DIEGO GAS AND ELECTRIC AS
NEEDED FOR THE OT A Y LAKES ROAD UNDERGROUND
CONVERSION PROJECT, LY-033, ACROSS CITY-OWNED
OPEN SPACE PROPERTY LOCATED ON THE WEST SIDE
OF OT A Y LAKES ROAD SOUTH OF BONlT A ROAD AND
AUTHORIZING THE MAYOR TO EXECUTE THE
EASEMENT.
WHEREAS, on May I, 2002, San Diego Gas & Electric submitted a letter requesting a
pennanent easement along Otay Lakes Road south of Bonita Road over City-owned Space
property; and
WHEREAS, the easement is needed to install a new steel power pole and underground
utilities related to the Otay Lakes Road Underground Conversion project, L Y -033; and
WHEREAS, staff from Engineering and Open Space divisions worked with SDG&E to
find a suitable location for the easement and utilities that would not be in conflict with existing
landscape, irrigation and public trail systems; and
WHEREAS, the easement is 20 feet wide and approximately 90 feet long (total area of
1,832 sq. ft.) and is located adjacent to Otay Lakes Road right-of-way; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula
Vista does hereby approve in the form presented the granting of a 20 foot wide utility easement
to San Diego Gas & Electric as needed for Otay Lakes Road Underground Conversion project
L Y -033, across City-owned Open Space property located on the west side of Otay Lakes Road
south of Bonita Road, and authorizes the Mayor to execute the easement in a final form approved
by the City Attorney.
Presented by Approved as to form by
~
Jack Griffin A ore ~
Director of General Services Ci y Atto ey .
J\AttorneylRESOleasemcntl20 foot uttlity easement
1
'-I-g
COUNCIL AGENDA STATEMENT
Item No.: ç:
)
Meeting Date: 1/27/04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving the
formal bidding process, approving a First Amendment to the Two-Party
Agreement between the City of Chula Vista and May Planning Services in
support of the City's General Plan Update, and authorizing the City's
Purchasing Agent to execute the Amendment.
SUBMITTED BY: Director of Planning and BUildin~
REVIEWED BY: (P(L (4/5ths Vote: Yes- Nol)
City Manager {,J 9\~ In May 2003, the City entered into a contract with May Planning Services to provide assistance
for the General Plan Update. Since that time, May Consulting has been working on several
Areawide (background) Studies, and the draft General Plan document. Based on the current
project schedule, completion of the GP Update will continue through early summer 2004.
RECOMMENDATION: That the City Council approve the Resolution
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
May Planning Services (Mary May) have been providing professional support services to the
General Plan Update project on a part-time basis since May 2003. Ms. May has many years of
experience in the drafting of General Plan (GP) documents. To-date, she has successfully
completed several of the Areawide Studies regarding public facility and service topics. She
has also prepared a master content outline and structure for the General Plan text, and begun
the preparation of first drafts for several of the Elements.
The GP team has been working to prepare proposed land use and transportation alternatives for
study and testing. Once a preferred alternative is created the content of the draft GP Elements
can be completed. Based on the schedule for the development and refinement of the GP land
use and transportation alternatives, and preparation of the draft GP Elements, the GP Update
will be completed in July 2004. Changes and revisions to the GP document may also occur
during and after the public review and hearing process. As a result, it is requested that May
Planning Service's contract be extended through August 2004. Ms. May will work
approximately 15 hours/wk.
Given the substantial progress of the General Plan Update, staff is requesting that Council waive
the formal bidding process. Ms. May has been providing support to the General Plan, and has
5-/
Page 2, Item No.: ~
Meeting Date: 1/27/04
successfully demonstrated a quality work product, capability, and commitment to key milestones
in an aggressive project schedule. No start up time is needed since she is already familiar with
Update process. Ms. May has indicated that she has the resources and manpower immediately
available for work effort. Ms. May is also willing and able to accommodate flexibility in
workload levels.
The added cost of these continuing services is approximately $35,000, which would bring the
total cost of contracted services with May Planning Services to $85,000.
FISCAL IMPACT:
The $35,000 being added by the subject contract amendment will be paid from funds for
consulting services within the Planning and Building Department's currently approved FYO3-
04 budget. No appropriations or budget amendments are requested.
Attachments
1. Original Agreement with May Planning Services
],IPlanningIEDlGP BndgetlMay Planning Sm;ces amendment I 01-27-04 all3r2.doc
5~;).
------------------
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
May Planning Services
for Planning Consulting on the General Plan Update
This agreement ("Agreement"), dated 5/1/03 for the purposes
of reference only, and effective as of the da te last executed
unless another date is otherwise specified in Exhibit A, Paragraph
1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on
Exhibit A, paragraph 3, and the entity indicated on the attached
Exhibit A, paragraph 4, as Consultant, whose business form is set
forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with refereæe to the following facts:
Recitals
Whereas, City is currently updating the General Plan; and,
Whereas, City is working to meet strict deadlines that
require certain products to be completed in May and June of 2003;
and,
Whereas, Contractor is uniquely qualified with eighteen
years planning experience focusing on policy planning and
implementation, is experienced in coordinating multiple
disciplinary teams working on large-scale public projects, is
experienced in preparing background reports for General plan
updates, has demonstrated the ability to carry a project to
completion and meet deadlines, and has demonstrated the ability
to achieve overall project goals while maintaining attention to
detail; and,
Whereas, Contractor is available to work at this time in an
intense effort to complete the tasks described below, and she is
a sole contractor who has agreed to only work for City for the
duration of Agreement; and,
Whereas, Contractor has excellent writing skills thus
economizing on City staff re-writing deliverable; and,
2PtyMaryMay.doc
April 28, 2003 Page 1
5-3
Whereas, Consultant warrants and represents that she is
experienced in a manner such that she is and can prepare and
deliver the services required of Consultant to City within the
time frames herein provided all in accordance with the terms and
conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
.
2PtyMaryMay.doc
April 28, 2003 Page 2
5-'1
Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
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"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, 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:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwise carry (" Primary Coverage") ,
and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
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demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the ~dditional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorneyl which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A,
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
1. The City Attorney's Office prefers that you obtain approval
of the surety or bank, the form of the security and the amount of
the security from the Risk Manager in the first instance and not
the City Attorney. The City Attorney's office would be available
on such risk issues as an alternate only if the Risk Manager is
unavailable and the matter can't wait.
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amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
-r. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
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19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (" Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
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and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPEC
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.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair political Practices Act.
E. Duty to Advise of Conflicting Interests.
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Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ( "prohibi ted Interest"), other than as 1 isted in
Exhibit A, Paragraph 15.
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 in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
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 the conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
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-..---------------------------------- - ---------------
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
misconduct of the City, its 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. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
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City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
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-.. .---. "---'---"--" -."....-.-.. .....----
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
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---- ------...
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
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F. Governing Law/Venue
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 of Chula Vista.
[end of page. next page is signature page.]
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---- ------------
---
Signature Page
to
Agreement between City of Chula Vista and May Planning Services
for Planning Services on the General Plan Update
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:~' 2003 City of Chula Vista
by:
John , Purchasing Agent
Approved as to form:
fl ~~~
Ann MO~' At torney
Dated: May Planning Services
By: /V7~~.~~
Máry May, resident
Exhibit List to Agreement
(X ) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
May Planning Services
1. Effective Date of Agreement: 5/1/03
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: ' a
[insert business form]
("City")
3. Place of Business for City:
City of Chula Vista, Planning Division
276 Fourth Avenue,
Chula Vista, CA 91910
4, Consultant:
May Planning Services
5. Business Form of Consultant:
( X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
6551 Bonnie View Drive
San Diego, CA 92119
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--- --------- ----
Voice Phone (619) 302-8757
Fax Phone (619) 698-8867
7. General Duties:
Consultant shall provide limited planning assistance for the
General Plan Update, working on several Area Wide studies, the
General Plan outline, and the Draft General Plan, all to the
satisfaction of the City's Director of Planning & Building.
8. Scope of Work and Schedule:
A. Detailed scope of Work:
1. Prepare the General Plan outline, format, and
style manual.
2. Coordinate with City staff to prepare the Land Use
Area Wide study.
3. Assist City staff in the preparation of other Area
Wide studies as assigned by staff.
4. Assist City staff in the preparation of the Draft
General plan text.
5. Assist City staff in any other associated General
plan tasks, as assigned by staff.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C, Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Prepare the General Plan outline,
format, and style manual by May 31, 2003.
Deliverable No. 2: Prepare the Land Use Area Wide Study
by June 30, 2003.
Deliverable No. 3: Assist in the preparation of the
Draft General Plan text by October 31, 2003.
O. Date for completion of all Consultant services:
12/31/2003 unless the parties hereto mutually agree to
extend the date for up to a period of six (6) months.
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... .. ........._--
9. Insurance Requirements:
( ) Statutory Worker's Compensation Insurance
( ) 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).
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials required to be supplied by City to Consultant:
On-site use of a personal computer with local area network
connection, and an on-site workstation.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: , payable as
follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end
of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall
be considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that
phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each
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5-;)0
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end
of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall
be considered as interest free loans that must be
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5-d./
-.-- ----.....--.
returned to the City if the Phase is not
satisfactorily completed. If the phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that
phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein
required of Consultant for $ 50,000 including all
Materials, and other "reimbursables" ("Maximum
Compensation").
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
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5-;;);).
------------- ---
At such time as Consultant shall have incurred
time and materials equal to
("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further
authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost
and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Senior Planner Mary May $85.00
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $ _ :
( ) Copies, not to exceed $ _ :
( ) Travel, not to exceed $ :
( ) Printing, not to exceed $_ :
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $------ :
( ) Long Distance Telephone Charges,
not to exceed $------.
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5-;;)3
( ) Other Actual Identifiable Direct Costs:
not to exceed $ :
, not to exceed $ :
13. Contract Administrators:
City:
Anthony J. Lettieri, Special Planning Projects Manager,
Advance Planning Section, Planning Division, 276 Fourth Avenue,
Chula Vista, Ca 91910, 619-409-5478.
Consultant:
Mary May, President, May Consulting Services, 6551 Bonnie
View Drive, San Diego, CA 92119, (619) 302-8757.
14, Liquidated Damages Rate:
( ) $ - per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( X) Not Applicable. Not an FPPC Filer,
( ) FPPC Filer
( ) Category No. 1. Investments and sources of
lncome.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
( ) Category No. 4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
2PtyMaryMay.doc
April 28, 2003 Page 22
5-d1
( ) Category No. 5. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the City
of Chula vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) Category No. 6. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the
designated employee's department to provide
services, supplies, materials, machinery or
equipment.
( ) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( X) Monthly
( ) Quarterly
( ) Other:
E. Day of the Period for submission of Consultant's
Billing: (X) First of the Month
( ) 15th Day of each Month
2PtyMaryMay.doc
April 28, 2003 Page 23
5-;;;5
..-.....---...-..
( ) End of the Month
( ) Other:
C. City's Account Number: 12551-6401
19. 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, either the following "Retention Percentage" or
"Retention Amount" 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
( ) Other:
2PtyMaryMay.doc
April 28, 2003 Page 24
5-~~
RESOLUTION NO.
RESOLUTION OF THE CHULA VISTA CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING
PROCESS, APPROVING A FIRST AMENDMENT TO THE TWO-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MAY PLANNING SERVICES FOR PROFESSIONAL
SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN
UPDATE, AND AUTHORIZING THE CITY'S PURCHASING
AGENT TO EXECUTE THE AMENDMENT.
WHEREAS, the City and May Planning Services (Mary May) previously entered into an
agreement on May 1, 2003, whereby the consultant was to provide professional planning
services to City for assistance the General Plan update; and
WHEREAS, the aggressive work schedule and short time frame of the remaining work to
be done to complete the General Plan update requires the use of a consultant; and
WHEREAS, Ms. May has successfully demonstrated a quality work product, capability
and commitment to key milestones in an aggressive project schedule; and
WHEREAS, under the circumstances, City staff is recommending the City Council waive
the formal bid/selection process for said services.
WHEREAS, the amendment to the May 1, 2003 Agreement would increase the cost of
Ms. May's services to over $50,000, thereby requiring City Council approval.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the attached Amendment to the two-party agreement with May
Planning Services.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby waive the formal bid/selection process.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the City's purchasing agent to execute said Amendment.
Presented by Approved as to form
D£M.- C. ~~~
J.D. Sandoval Ann Moore
Planning and Building Director City Attorney
H\Attomey\R",o, and Ocdinance,\May Amendment 1 R",o l.doc
5-:d 7
THE ATTACHED FIRST AMENDMENT TO THE
AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
D<Þ- (.l~
Ann Moore
City Attorney
Dated: o/-z.z--oi
First Amendment between the City of Chula Vista
And May Planning Services, A California Corporation
5-;:) '8:
------ ---- -----------
FIRST AMENDMENT
to the Agreement between the City of Chula Vista and
May Planning Services, a California Corporation
Recitals
This First Amendment, dated January I, 2004, by and between the City of Chula Vista
("City") and May Planning Services, a California Corporation ("Consultant"), with reference to
the following facts:
WHEREAS, City and Consultant previously entered into an agreement on May 1,2003
whereby Consultant was to provide limited planning assistance for the General Plan Update,
working on several Area Wide studies, the General Plan outline, and the Draft General Plan; and
WHEREAS, Consultant has performed assigned tasks all to the satisfaction of the City's
Director of Planning & Building; and
WHEREAS, the original Agreement expires December 31,2003; and
WHEREAS, an additional $35,000 and eight months are required to complete the
currently assigned tasks, on a part-time basis; and
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as foUows:
1. Exhibit A, Section 8.D of the original Agreement, entitled Date for Completion of all
Consultant Services is hereby amended to read as follows:
August 31, 2004.
2. Exhibit A, Section II.C.! of the original Agreement, entitled Compensation, is hereby
amended to read as foUows:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will perform all
of the Defined Services herein required of Consultant for $85,000 including all Materials,
and other "reimbursables" ("Maximum Compensation").
3. Except as herein provided, aU other provisions of the original Agreement shall remain in
full force and effect.
5-;;)9 1 of 1
----. -~---- -- . . -------.--.. ---..
SIGNATURE PAGE
TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MAY PLANNING SERVICES, A CALIFORNIA CORPORATION.
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
Dated: ,2004 City of Chula Vista
by:
John Coggins, Purchasing Agent
Approved as to form:
Ann Moore, City Attorney
Dated: May Planning Services
By: /1/1 (lA ~ /ko ct
Mary May, Pre ent
Dated: ;Ii '<:/04--
5-30 2 of2
PAGE 1, ITEM NO.: '
MEETING DATE: 1/27/04
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA
VISTA REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE
BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION'
33333.6(e)(2)(C)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE REDEVELOPMENT PLAN FOR THE
BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA
PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND
SAFETY CODE SECTION 33333.6(e)(2)(C)
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~~ LM
'.
REVIEWED BY: EXECUTIVE DIRECTOR &}- 1ì1""
4/5THS YOTE: YES CJ NO ~
BACKGROUND
Due to the State continuing to require payments by Califarnia redevelopment agencies to the
Educational Revenue Augmentation Fund in 2003-04, the Legislature passed Senate Bill 1045 in an
effort to ameliorote the finoncial impact. SB 1045 allows the City Council to amend, through simple
ordinances, its redevelopment plans extending by one year the Plans' duration of the effectiveness
and time limit to collect tax increment revenue. The amendment of this time limit follows a unique
procedure in Redevelopment Law that does not require environmental review, special notification, or
other steps typically associated with redevelopment plan amendments, This amendment can be
executed through adoption of ordinances for the Merged Chula Vista Redevelopment Plan and the
Boyfront/Town Centre I Redevelopment Plan, as presented here for Council consideration.
RECOMMENDATION
That the City Council approve the ordinances for first and second reading and then adopt the
ordinances as required by law,
BOARDS/COMMISSIONS RECOMMENDATION
Consideration of the ordinances presented does not require review or recommendation from any
of the advisory bodies.
~rl
PAGE 2, IIEM NO.: Il
MEETING DAlE: 1/27/04
DISCUSSION
Since 1994, redevelopment pions have been mandated to include specific time limits on the
duration of the plan's effectiveness and collecting tax increment revenue. These limits are based
on when the various constituent areas of the Merged Chula Vista Redevelopment Project Area
(Southwest, Otay Volley, and Town Centre II) and the Bayfront/Town Centre I Redevelopment
Project Areas were established. On January 13, 2004, the City Council adopted Ordinance 2947
and Ordinance 2948 removing time limits on -the establishment of loans, advances and
indebtedness with respect to the City's existing redevelopment plans. The table below presents the
dote each area was established, the duration of the redevelopment plan, and the time limit to collect
tax increment. The Amendment effectuated by the Ordinances being presented tonight will, if
approved by the City Council, extend the Plan Duration Dates and the Dates to Collect Tax
Increment shown in the table below by one year.
Area Plan Adoption Plan Duration Limit to Collect
Tax Increment
Boyfront July 16, 1974 July 16,2014 July 16, 2024
Boyfront Amended July 7,1998 July 7, 2028 July 7, 2043
Town Centre I July6,1976 July 6, 2016 July 6, 2026
Town Centre II August 15,1978 August 15,2018 August 15, 2028
Town Centre II Amended June 1988 June 2028 June 2038
Oloy Volley December 1983 December 2023 December 2033
Southwest November 1990 November 2030 November 2040
Southwest Amended July 1991 July 2031 July 2041
As part of the State legislature's 2003 Budget, redevelopment agencies were among other local
government agencies impacted. Via Senate Bill 1045, the State legislature approved a $135
million statewide shift of tax increment revenues for fiscal year 2003-04 from all redevelopment
agencies to the Educational Revenue Augmentation Fund (ERAF). The Redevelopment Agency of the
City of Chula Vista's share of the ERAF shift in 2003-04 is $401,768. This has not been the first
year redevelopment agencies were subjected to this shift; prior shifts occurred in the early 1990's.
However, what was unique about the most recent shift was the legislature granting redevelopment
agencies the authority to extend by one year the duration of their redevelopment plans, as well as
the time limit to receive tax increment revenue, in order to compensate for this loss in funds.
Pursuant to Section 33333.6(e)(2)(C) of the Redevelopment low (as enacted by SB 1045), the
amending ordinance may be considered by the City Council without undertaking the typical
redevelopment plan amendment process that involves extensive public notice, environmental review,
and other documentation.
The Governor has recently released his proposed 2004 State Budget, which proposes ongoing ERAF
shifts from redevelopment agencies equal to the amounts due in 2003-04. It remains unclear
whether there is legislative support for this proposal, or if legislation would permit additional time
limit extensions.
jp-;;'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR
THE MERGED CHULA VISTA REDEVELOPMENT PROJECT
AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN
HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C)
WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City
Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II
Redevelopment Project and has subsequently amended said redevelopment plan on May 19,
1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994
by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II
Plan"); and
WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059
approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has
subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611
and on August 22,2000 by Ordinance No. 2818 ("Otay Valley Plan"); and
WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420
approving a redevelopment plan for the Southwest Redevelopment Project and has
subsequently amended said redevelopment plan on July 9,.1991 by Ordinance No. 2467, on
November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819
("Southwest Plan"); and
WHEREAS, the Town Centre II Plan, the Otay Valley Plan, and the Southwest Plan
(collectively, the "Plans") were amended by Ordinance No. 2819, to merge the constituent
project areas for financial purposes to facilitate the sharing of financial resources pursuant to
Sections 33485 through 33489 of the California Community Redevelopment Law, Health and
Safety Code Section 33000 g!~. ("CRL"); and
WHEREAS, by Ordinance No. 2947 adopted on January 13, 2004, the City Council
amended the Plans to eliminate the time limit on the right to incur debt pursuant to the authority
established by Senate Bill 211; and
WHEREAS, Senate Bill 1045, was adopted by the California Legislature effective
February 27, 2003 and codified in pertinent part in Health and Safety Code Section
33333.6(e)(2)(C); and
WHEREAS, Senate Bill 1045 states: "When an agency is required to make a payment
pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend
the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an
ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article
12 (commencing with Section 33450) or any other provision of this part relating to the
amendment of redevelopment plans, including, but not limited to, the requirement to make the
payment to affected taxing entities required by [Health and Safety Code] Section 33607.7."; and
~-t.f
WHEREAS, the City Council desires to implement the authority of Senate 8i1l1045; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a public
body, corporate and politic, organized and existing under the CRL, and implements the Plans
pursuant to the CRL and the provisions of the Plans; and
WHEREAS, enactment of these Ordinances is exempt from the California Environmental
Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA
Guidelines Section 15378(b)(4) (California Code of Regulations Section 15378(b)(4) because it
is a fiscal activity which does not involve any commitment to any specific project which may
result in a potentially significant physical impact on the environment.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1. The Plans are hereby amended to extend, by one year (a) the currently
existing time limit on the effectiveness of the Plans, and (b) the Agency's currently existing time
limit to repay indebtedness with the proceeds of property taxes received pursuant to Health and
Safety Code Section 33670.
SECTION 2. Except as amended hereby, the Plans shall remain in full force and effect
according to their terms.
SECTION 3. All required proceedings and considerations precedent to the adoption of
this Ordinance have been regularly taken in accordance with applicable law.
SECTION 4. The City Manager shall notify the appropriate public entities of the
adoption of this Ordinance.
SECTION 5. The City Clerk is authorized and directed to publish this Ordinance or a
summary thereof in the manner provided by the City Charter.
Presented by Approved as to form by
~
Laurie A. Madigan
Community Development Director
/..
-2- jr::;-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE REDEVELOPMENT
PLAN FOR THE BAYFRONTfTOWN CENTRE I
REDEVELOPMENT PROJECT AREA PURSUANT TO
SENATE BILL 1045 AS CODIFIED IN HEALTH AND
SAFETY CODE SECTION 33333.6(e)(2)(C)
WHEREAS, on July 16, 1974, the City Council of the City of Chula Vista ("City
Council") adopted Ordinance No. 1541 approving a redevelopment plan for the Bayfront
Redevelopment Project and has subsequently amended said redevelopment plan on
July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on
January 4,1994 by Ordinance No. 2585, on November 8,1994 by Ordinance No. 2608,
and on July 7,1998 by Ordinance No. 2734 ("Bayfront Plan"); and
WHEREAS, on July 6, 1976, the City Council adopted Ordinance No. 1691
approving a redevelopment plan for the Town Centre I Redevelopment Project and has
subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No.
1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No.
2585, on November 8, 1994 by Ordinance No. 2609, and on July 7, 1998 by Ordinance
No. 2735 ("Town Centre I Plan"); and
WHEREAS, by Ordinance No. 1872, the Bayfront Plan and Town Centre I Plans
(collectively, the "Plans") were merged to facilitate the sharing of financial resources
pursuant to Sections 33480 through 33484 of the California Community Redevelopment
Law, Health and Safety Code Section 33000 m §!ill. ("CRL"); and
WHEREAS, by Ordinance No. 2948 adopted on January 13, 2004, the City
Council amended the Plans to eliminate the time limit on the right to incur debt pursuant
to the authority established by Senate Bill 211; and
WHEREAS, Senate Bill 1045, was adopted by the California Legislature effective
February 27, 2003 and codified in pertinent part in Health and Safety Code Section
33333.6(e)(2)(C); and
WHEREAS, Senate Bill 1045 states: "When an agency is required to make a
payment pursuant to Section 33681.9, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to subdivisions (a) and
(b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this
subparagraph, neither the legislative body nor the agency is required to comply with
[Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section
33450) or any other provision of this part relating to the amendment of redevelopment
plans, including, but not limited to, the requirement to make the payment to affected
taxing entities required by [Health and Safety Code] Section 33607.7": and
WHEREAS, the City Council desires to implement the authority of Senate Bill
1045; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is
a public body, corporate and politic, organized and existing under the CRL, and
implements the Plan pursuant to the CRL and the provisions of the Plan; and
t: (£J
------~----.----_..-._.--_.
WHEREAS, enactment of these Ordinances is exempt from the California
Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA")
pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations
Section 15378(b)(4) because it is a fiscal activity which does not involve any
commitment to any specific project which may result in a potentially significant physical
impact on the environment.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1. The Plans are hereby amended to extend by one year (a) the
currently existing time limit on the effectiveness of the Plans. and (b) the Agency's
currently existing time limit to repay indebtedness with the proceeds of property taxes
received pursuant to Health and Safety Code Section 33670.
SECTION 2. Except as amended hereby, the Plans shall remain in full force
and effect according to their terms.
SECTION 3. All required proceedings and considerations precedent to the
adoption of this Ordinance have been regularly taken in accordance with applicable law.
SECTION 4. The City Manager shall notify the appropriate public entities of the
adoption of this Ordinance.
SECTION 5. The City Clerk is authorized and directed to publish this Ordinance
or a summary thereof in the manner provided by the City Charter.
Presented by Approved as to form by
Laurie A. Madigan
Community Development Director
6 r-
/,., /
""""'---"-' "'-'-""'-"
CITY COUNCIL AGENDA STATEMENT
Item: -
Meeting Date: 1/27/04
ITEM TITLE: Continued Public Hearing: Zoning Ordinance Amendment PCA-04-0l, a
proposal to amend Section 19.58.022 of the Chula Vista Municipal Code --
regulating accessory second dwelling units to increase the maximum size
limit, modify the on-site parking requirements and to clarify the requirements
for properties with nonconforming uses. Applicant: City ofChula Vista.
Ordinance of the City Council of the City ofChula Vista modifying section
19.58022 of ilie Chol, Vi"" MmUf-de
SUBMITTED BY: Director of rimming and Building,
/ Ic
REVIEWED BY: City Manager I,J r¡-:-I
The proposal is to amend the regulations for accessory second dwelling units to allow larger units
without impacting sunounding neighborhoods, and to clarify the requirements for properties with
nonconforming uses that seek to add a second unit.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a statutory exemption pursuant to Section 21080.17 of CEQA. Thus no further
environmental review is necessary
RECOMMENDATION:
That the City Council adopts the ordinance amending Section 19.58.022 of the Chula Vista
Municipal Code.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a Public Hearing on December 17, 2003 and voted 5-0-0 to
recommend approval of the proposed amendments to the Zoning Ordinance regarding the
requirements for on-site parking and the conection of nonconforming situations on properties adding
accessory second dwelling units. The Commission further recommends that no change be made to
the 650 square foot size limit for this type of housing unit. Attached is the Planning Commission
resolution and the minutes from their hearing.
r¡ ~I
Page 2, Item No.: ï
Meeting Date: 1/20/03
DISCUSSION:
1. Background
The City Council adopted the City's accessory second dwelling unit ordinance provisions in
January, 2003. During the hearings, Council expressed concerns that the 650 square foot size
limit was too restrictive. Not wanting to delay the implementation of the new ordinance, which
would allow accessory units to be constructed without a discretionary permit, the Council
adopted the ordinance but directed staff to return with an ordinance amendment for their
consideration that would allow larger accessory units.
During the interim period, the City Council considered an appeal of a Planning Commission
approval of a conditional use permit for an accessory unit, which the Commission had limited to
700 square feet. The applicant/appellant, Mr. Contreras, had requested a 900 square foot unit and
objected to the Commission's size restriction. This appeal served as an indicator as to the
Council's true interest in allowing larger units. Despite neighborhood opposition to a larger unit,
the COlillcil granted the appeal based upon findings that the proposal met all requirements of the
applicable zoning code sections. The Council's action allowed a 900 square foot unit.
On December 17,2003, the Planning Commission held a hearing on the proposed draft
ordinance. The Commission reiterated their previous concern with impacts that larger units
could have on Chula Vista's single-family neighborhoods. They have therefore forwarded a
recommendation to adopt only the proposed changes to the on-site parking standard and the new
language dealing with nonconforming uses, but to not alter the current maximum size limit of
650 square feet.
2. Analysis
Attached to this report are the draft changes to Section 19.58.022 that would allow accessory
units to be up to 1,000 square feet in size. The proposed size is less than the 1,200 square foot
maximum allowed by current state law and comes out of Council comments at previous hearings.
As noted in the Background section above, the Planning Commission considered the 1,000
square foot size limit at their December 17th hearing but did not recommend any change to the
current limit. During that hearing, a compromise size of 800 square feet was proposed at one
point, but did not receive enough support to be included as a recommendation.
In an effort to minimize the impacts of larger units and preserve the character of existing single-
family neighborhoods, staff is proposing two other amendments along with the new size limit.
The first is a requirement that even with the larger size limit, the new unit be smaller than the
existing house on the lot. In several older neighborhoods in the City ofChula Vista the original
home may be less than 1,000 square feet in size and allowing a larger unit in the back or above
1~d-
-.- .._-~.~- -.....-.-.,-..
f1
Page 3, Item No.:
Meeting Date: 1/20/03
may seriously alter the neighborhood character. Making the new unit retain its accessory status
by staying smaller than the existing house would preserve neighborhoods without unnecessarily
restricting the production of this type of housing.
The second regulation proposed to protect existing neighborhoods is that accessory units with
two or more bedrooms provide two on-site parking spaces. In the previously mentioned
Contreras appeal considered by the City Council, one of the major concerns of the neighbors was
the impact that could occur with additional vehicles parking along the street. Staff believes that
requiring two on-site parking spaces for a two- or three-bedroom unit will ameliorate that
concern; however, the issue of on-site parking could, in some cases, influence the ability of a site
to have this type housing. The Council may therefore want to consider whether the proposed
requirement is the appropriate measure for protecting neighborhoods. In order not to unduly
restrict the production of these new housing units, the requirement for studio and one-bedroom
units would remain at one parking space.
Staff has not proposed any modifications to a third method of controlling the impact of new
accessory dwelling units, which is the floor area ratio (FAR) of the applicable zone. The FAR of
a zone works along with height and setback limitations to control the bulk of structures on a lot.
In the Rl zones, the FAR is 45% for lots 7,000 square feet or larger, and 50% for lots less than
7,000 square feet. This would mean that a 5,000 square foot lot would be limited to 2,500 square
fèet of all structures, including garages and other accessory buildings. A 7,000 square foot lot
could have up to 3,150 square feet of structures. In many older neighborhoods in western Chula
Vista the original tract houses and garages are around 2,000 square feet in size. The ability for
some lots to have a larger accessory second dwelling unit will vary depending upon the number
of structural additions property owners may have made over the years. However, the current
FAR standards appear adequate to allow the production of accessory second dwelling units
without impacting neighborhoods, therefore staff has not proposed any changes.
Although not specifically directed by Council, staff has taken this opportunity to also provide
language in the ordinance to clarify what requirements there should be for properties with
nonconforming uses that seek to add an accessory second unit. For example, some inquiries and
applications have already been received for properties with older homes that only have single-car
garages. Under current ordinance requirements for nonconforming propeliies, additions to
existing structures or homes greater than 50% of the floor area will trigger bringing the property
up to current ordinance standards. Since detached accessory second units are not technically part
of the existing structure, it provides an unanticipated opportunity for a property owner to not
bringing a property up to code at the time of a substantial addition.
In staff s opinion, if a property owner is in the position to make such a major modification to their
property by adding an accessory second dwelling unit, it would be a logical time to include upgrades
to the existing home or remedy other land use inconsistencies in their scope of work. To accomplish
1~5
Page 4, Item No.: 7
Meeting Date: 1/20/03
this, staff has proposed adding language that will clearly equate the addition of a second unit with an
addition to the main unit thereby placing the property under the provisions of Chapter 19.64 and
Section 19.22.170 (See attached)
CONCLUSION: Staff recommends Council make the necessary findings and adopt the ordinance
to modify the existing sign ordinance to ensure consistency with State and Federal law.
FISCAL IMPACT: None.
Attachments
1. Planning Commission Resolution PCA-04-01
2. Minutes trom PC hearing of 12-17-03
3. Zoning Ordinance Chapter 19.64 & Section 19.22.170
J:\Plmming\JohnS\StatfRepnrt,\CC\2003\2nd Unit ard Amend.doc
r¡-tf
.4TT,q L 1+/'vtf;)JT 1
RESOLUTION NO. PCA-04-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING SECTION 19.58.022 OF THE ZONING
ORDINANCE OF THE CHULA VISTA MUNICIPAL CODE REGULATING
ACCESSORY SECOND DWELLING UNITS WITHIN THE CITY OF
CHULA VISTA-
WHEREAS, on January 28th 2003, the City Council of the City of Chula Vista
adopted a local ordinance for the regulation of accessory second units in conformance with
California Government Code Section 65852.2; and,
WHEREAS, at the time of adoption the City Council directed staff to re-evaluate the
650 square foot size limit imposed on accessory second dwelling units and prepare an
ordinance amendment to allow larger units; and
WHEREAS, staff prepared a draft ordinance amendment for consideration by the
Planning Commission; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely
December 10, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the
City Council adopt the ordinance as shown in Attachment "A" with the exception that there
be no increase in the maximum unit size. Said ordinance would amend Section 19.58.022 of
the Zoning Ordinance of the Chula Vista Municipal Code to: I) require a second on-site
parking space for accessory second dwelling units with more than one bedroom, and 2)
clarify the requirements for properties with nonconforming uses that they be brought up to
current zoning standards in conjunction with the addition of an accessory second dwelling
unit within the City ofChula Vista.
BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be
transmitted to the City Council.
'rS
Page 2
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th day of December, 2003, by the following vote,
to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Steve Castaneda, Chair
Diana Vargas
Secretary to Planning Commission
.IWlanning\.IohnS\Documcnts\Resolutloos\2003\PCMO4-01 2nd Unit O,d PC Rcso_doc
'I-It?
------------------------------- -
A'11:;q C HA"l t::IUI 2
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
Wednesday, December 17, 2003 276 Fourth Avenue, Chula Vista
ROLL CALLI MOTIONS TO EXCUSE:
Present: Castaneda, O'Neill, Cortes, Hom, Felber
Absent: Madrid, Hall
Staff Present: Luis Hernandez, Deputy Planning Director
john Schmitz, Principal Planner
Stan Donn, Associate Planner
Dawn Van Boxtel, Associate Planner
Ryan Goodness, Planning Technician
Dave Hanson, Deputy City Attorney I
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Castaneda
4. PUBLIC HEARING: PCA 04-01; Zoning Ordinance Amendment to amend
Section 19.58.022 of the Chula Vista Municipal Code
regulating accessory second dwelling units to increase
the maximum size limit, modify the one-site parking
requirements and to clarify the requirements for
properties with nonconforming uses. Applicant: City of
Chula Vista.
Background: john Schmitz, Principal Planner reported that in February 2003 the City
Council adopted the Accessory Second Dwelling Unit Ordinance. At that time, Council
expressed a concern with the 650 sf size limit that was proposed, but did not want to hold
up the implementation of the ordinance, therefore, they adopted the ordinance and
directed staff to conduct further analysis in order to increase the square foot allowance,
and return with a proposed ordinance amendment at a later date.
Mr. Schmitz reviewed the requirements of the current ordinance. They are:
[J The City's ordinance is consistent with the State law, and no longer requires any type
of discretionary review permit, be it a Conditional Use Permit or Variance if it meets
the standards contained in the Ordinance,
7-1
Planning Commission Minutes - 2 - December 17, 2003
0 The ordinance contains a minimum lot size requirement of 5,000 sf,
0 There is a unit size limit of 650 sf
0 A lot coverage limit of 50%
0 One parking space on-site for the proposed unit
0 A requirement that the unit be consistent in architectural treatment with the main
house, and
0 Setback requirements for both single story and two story units. A single story being
treated like an accessory building that can encroach into a rear yard up to 30% of that
area and a two-story unit required to meet the setback requirement of the main house.
Upon Council's directive and further analysis, staff proposes to increase the size allowance
for secondary accessory units from the existing 650 sf to 1,000 sf in size. In an effort to
preserve the character of existing single-family neighborhoods, staff is proposing two other
amendments along with the new size limit. They are:
0 The new unit be smaller than the existing original house on the lot, and
0 Accessory units with two or more bedrooms provide two on-site parking spaces
Although not specifically directed by Council, staff took this opportunity to also propose
new language in the ordinance that would clarify what the requirements should be for
properties with non-conforming uses that seek to add an accessory second unit. In staff's
opinion, if a property owner is in the position to make such a major modification to their
property by adding an accessory unit, it would be reasonable to require that upgrades to
the existing home or remedy to other land use inconsistencies be included in their scope
of work.
Staff Recommendation: That the Planning Commission recommends to the City Council
the adoption of ordinance amending Section 19.58.020 of the Chula Vista Municipal Code
to allow larger second units with additional on-site parking and clarify the requirements of
properties with non-conforming uses.
Commission Discussion:
Commissioner Castaneda stated that the Commission expended a significant amount of
time and effort in assisting staff in crafting the current ordinance, which created the 650 sf
size limit as a base-line for considering future accessory unit proposals. Cmr. Castaneda
indicated he supports staff's recommendations except the increase from 650 sf to 1,000 sf,
gross floor area for the accessory unit. He further stated that, in his opinion, nothing
would preclude someone from applying for a larger unit that exceeds 650 sf; they would
simply go through the appropriate process, in this case, most likely, a Variance, in order to
have their proposal considered.
1~f
-. .......-..---.-. ... ",'._'_'_0'- .w.
Planning Commission Minutes - 3 - December 17, 2003
Commissioner O'Neill stated he concurs with Cmr. Castaneda's statement and does not
support the increase in size. In his opinion, a 650 sf unit that is currently allowed by right,
so long as certain requirements are met, is ample in size. There are at least two other
means by which an applicant could request a larger unit; one is through the Variance
process, and the other is, if it's a larger lot and can support it, the Dwelling Group
provision. A 1,000 sf unit on a 5,000 sf lot, in his opinion, has the potential to change the
character and constitution of the single-family neighborhood.
Commissioner Felber stated that the increase is nearly doubling the size and cannot
support the proposal.
Public Hearing Opened and Closed.
MSC (O'Neill/Castaneda) (5-0-2-0) that the Planning Commission recommend approval of
the Ordinance Amendment to Section 19.58.022 as presented by staff, with the
exception to Section A. 1. (the increase from 650 sf to 1,000 sf). Motion carried.
1-9
._....0__..___'__0_----""'-' .0. ...
.41/ACHMEAJT -.3
anall shall be located 25 feet from the opposite Chapter 19.64
side 0 the alley with a minimum setback of five
feet fr the alley. (Ord. 1356 § I, 1971; O~ . NONCONFORMING USES
1212 § 1969; prior code § 33.803(C)(2)).
Sections:
19.64.010 Declaration of policy.
19.64.020 Continuance of existing uses.
19.64.030 Completion of construction started
prior to certain date.
19.64.040 Existing conditional uses to be
considered nonconfonning when.
19.64.050 Enlargement, extension or
reconstruction prohibited -
Exceptions.
19.64.060 Substitution or extension restrictions.
19.64.070 Cessation of use deemed - Time
limits.
19.64.080 Uses subject to mandatory
discontinuance.
19.64.090 Timing of discontinuance - Generally.
19.64.110 Discontinuance of structures having
certain replacement value required -
Time limit.
19.64.120 Removal of other uses and structures
required - Notification - Time limits.
19.64.130 Uses not confonning to perfonnance
standards - Time limit for
confonnance.
19.64.140 Uses without conditional use pennit or
subject to fence requirements - Time
limit for confonnance.
19.64.150 Nonresidential structures -
Replacement restrictions.
19.64.155 Residential- Replacement pennitted.
19,64.160 Modification of provisions pennitted
when,
19.64.170 Repair or alteration pennitted when.
19.64.180 Uses not confonning to setback or
height requirements - Alteration or
enlargement pennitted when.
19.64.190 Reconstruction pennits.
19.64.010 Declaration of policy.
Many nonconfonning uses within the city are
detrimental to the orderly development of the city
and adverse to the general welfare of persons and
property, in that said nonconfonning uses consti-
tute a special benefit or monopoly. In confonnance
with good zoning practices, it is the policy of the
city that nonconfonning uses shall be eliminated as
soon as it is economically feasible and equitable to
do so. (Ord. 1212 § I, 1969; prior code § 33.1101
(A».
19-180 '1-10
Chula Vista Municipal Code 19.64.080
19.64.020 Continuance of existing uses. 19.64.060 Substitution or extension
Except as hereinafter specified, any use, build- restrictions.
ing or structure existing as of July 8,1969, may be A. When authorized in accordance with the
continued, even though such use, building or struc- provisions herein, a nonconforming use which is
ture may not conform with the provisions con- detennined by the commission to be of the same or
tained herein for the zone in which it is located; a more desirable nature may be substituted for
provided, however, that this section does not apply another nonconforming use.
to any use, building or structure established in vio- B. Whenever a nonconfonning use has been
lation of any zoning ordinance previously in effect changed to a conforming use, such use shall not be
in Chula Vista, unless said use, building or struc- changed to a nonconfonning use thereafter.
ture now conforms with the provisions herein. C. When authorized by the commission, in
Except as otherwise provided by law, nothing in accordance with the provisions herein, a building
this title shall prevent the strengthening or restor- devoted to a nonconfonning use may be enlarged or
ing to a safe condition of any part of any building completed upon the same lot or parcel where such
or structure declared unsafe by proper authority. completion is necessary and incidental to its use.
(Ord.1212§ I, 1969; prior code § 33.1101(B)). (Ord. 1212 § I, 1969; prior code § 33.1102(A».
19.64.030 Completion of construction started 19.64.070 Cessation of use defined - Time
prior to certain date. limits.
A building, structure or part thereof which does A use shall be deemed to have ceased when it has
not conform to the regulations for the zone in been discontinued either temporarily or perma-
which it is situated, but for which a building pennit nently, whether with the intent to abandon said use
was issued and construction started prior to July 8, or not.
1969, may be completed in accordance with such A. Cessation of Use of Building Designed for
plans, providing the work is prosecuted continu- Nonconforming Use. A building or structure which
ously and without delay. Such building shall be was originally designed for a nonconforming use
deemed to be a nonconfonning use and shall there- shall not be put to a nonconfonning use again when
after be subject to the regulations set forth herein. such use has ceased 12 months or more.
(Ord. 1212 § I, 1969; prior code § 33.11O1(C). B. Cessation of Use of Building Not Designed
for Nonconforming Use. A building or structure
19.64.040 Existing conditional uses to be which was not originally designed for a noncon-
considered nonconfornúng when. forming use shall not be put to a nonconforming
Any use legally existing as of July 8, 1969, use again when such use has ceased for six months
which is listed as a conditional use in the zone or more.
wherein located, shall be and remain a noncon- C. Cessation of Use of Nonconfonning Use of
forming use until a conditional use pennit is Land. A nonconforming use of land, not involving
obtained as provided in this title. (Ord. 1212 § I, any building or structure, except minor structures
1969; prior code § 33.11O1(D». such as fences, signs and buildings less than 400
square feet in area, shall not be resumed when such
19.64.050 Enlargement, extension or use has ceased for six months or more. (Ord. 1212
reconstruction prohibited - § 1,1969; prior code § 33.1102(B)).
Exceptions.
A nonconforming use shall not be enlarged, 19.64.080 Uses subject to mandatory
extended, reconstructed, substituted or structurally discontinuance.
altered, except in confonnity with the order of a The following nonconfonning uses are illegal
duly constituted authority, unless the use is and shall be discontinued in Chula Vista after the
changed to a use pennitted in the zone in which useful economic value of the principal structures
such building or premises is located, and except as used in said uses has been realized by the owners
set forth in CYMC 19.64.060 through 19.64.180. of such structures:
(Ord. 1212 § I, 1969; prior code § 33.1102). A. All nonconforming signs, billboards or com-
mercial advertising structures;
B. All nonconfonning uses involving no struc-
ture or structures of an assessed value of $500.00
or less;
19-181 t¡- / I
__--m_____- ..-------------------- -------_..-
19.64.090
C. Use permitted in an l-R or l-L or I zone when notification by the planning commission, except as
nonconforming in any CoN zone; provided in subsection (C)(l) of this section. As
D. Nonconfonning residential uses located in used in this section, the designations "Type I build-
an I-R, I-L or I zone. (Ord. 1356 § 1, 1971; Ord. ing," "Type II building," "Type ill building,"
1212 § I, 1969; prior code § 33.1102(C). "Type IV building," and "Type V building" are
employed as defined in the building code:
19,64.090 Timing of discontinuance - 1. Where property is unimproved or is occu-
Generally. pied by structures of a type for which the building
For determination of the time when such uses code does not require a building permit, or any
must be discontinued, the following tests and pro- trailer park, five years after receipt of notification
cedures are established, as set forth in CYMC from the planning commission;
19.64.110 through 19.64.160. (Ord. 1295 § I, 1970; 2. Type IV or Type V buildings (light incom-
Ord. 1212 § I, 1969; prior code § 33.1102(0». bustible frame and wood frame), 15 years;
3. Type I, Type II or Type ill buildings (fire
19.64.110 Discontinuance of structures having resistant, ordinary masonry or heavy timber con-
certain replacement value required struction), 25 years.
- Time limit. D. Where more than one type of building has
Nonconfonning struCTures having a permit been constructed on the property and such build-
value, or by an appraisal made by the building ings are used as a part of the business conducted on
inspector, of $500.00 or less, shall be abated in the property, the longest period of time permitted
three years from date of notification. (Ord. 1212 before removal is required for any such building by
§ I, 1969; prior code § 33.1102(D)(2». the provisions of this chapter shall apply to all such
buildings.
19.64.120 Removal of other uses and E. Where buildings have been constructed on
structures required - Notification - the property at different times, and where the
Time limits. abatement period is measured by the date of con-
A. Every nonconfonning building in any of the struction, the date of removal shall be measured
R zones, except residential buildings, churches and from the date of the construction of the building
schools, which nonconfonning building was most recently constructed. (Ord. 1212 § I, 1969;
designed or intended for a use not permitted in the prior code § 33.1102(0)(3».
R zone in which it is located, shall be completely
removed or altered to strucrurally conform to the 19.64.130 Uses not conforming to
uses permitted in the zone in which it is located, performance standards - Time limit
and the use of such building shall be changed to for conformance.
conform with the uses permitted in the zone in All uses nonconfonning as of July 8, 1969, by
which it is located within the times specified in this reason of noncompliance with performance stan-
chapter, upon notice from the planning commis- dards established herein, shall adopt measures nec-
sion, which time is measured from the date of con- essary to conform therewith within five years of
struction, or from the date of the last transfer of title July 8, 1969. (Ord. 1212 § I, 1969; prior code
prior to July 8, 1969, whichever is the lesser. § 33.1102(D)(4».
B. The provisions of this chapter shall also
apply to every nonconfonning building or use in 19.64.140 Uses without conditional use permit
the industrial zones which is used for, or devoted or subject to fence requirements-
to, any residential purpose; hospitals (except emer- Time limit for conformance.
gency hospitals); hotels; institutions or homes for Any use that is not conducted wholly within an
the treatment of convalescent persons, alcoholics, enclosed building as required herein and any use
the wounded or mentally immn; 10dginghouses; that has fencing requirements shall be considered
schools; trailers used for human habitation or nonconforming if said use has not complied to the
trailer camps; and which nonconforming building requirements of applying for a conditional use per-
was designed or intended for a use not permitted in mit or conformed to the fencing regulations as noti-
the I zone in which it is located. fied within one year of notifications and shall be
C. In no case where the property is improved by abated in three years from the date of notification.
structures requiring a building permit shall this (Ord. 1356 § I, 1971; Ord. 1212 § 1, 1969; prior
period of time be less than 10 years from date of code § 33.1102(0)(5».
19-182 í]-/;3-
Chula Vista Municipal Code 19.64.190
19.64.150 Nonresidential structures - 19.64.180 Uses not conforming to setback or
Replacement restrictions. height requirements - Alteration or
Any nonresidential nonconforming building enlargement permitted when.
damaged more than 60 percent of its value, as Any structure that is nonconforming because of
established by the director of planning and build- setback or height requirements may be altered
ing, at the time of damage by fire, explosion, wind, and/or enlarged by approval of the zoning adminis-
earthquake, war, riot, or other calamity or act of trator on the basis that such alteration and/or +
God, shall not be restored or reconstructed and used enlargement shall conform 0 the
as before such happening; but ifless than 60 percent herein except as provided fo nCYMC 19.22.170.
damaged, it may be restored, reconstructed or used (Ord. 2711 § 2, 1997; Ord. I , 1971; Ord.
as before; provided, that such be initiated within six 1212 § 1,1969; prior code § 33.1102(E)(2)).
months and be substantially completed within 12
months of such beginning. (Ord. 2790, 1999; Ord. 19.64.190 Reconstruction permits.
2760 § I, 1998; Ord. 2708, 1997; Ord. 2599 § 2, A reconstruction permit may be approved to
1994; Ord. 1356 § I, 1971; Ord. 1212 § I, 1969; allow for the reconstruction of a nonresidential
prior code § 33.1102(D)(6)}. nonconforming structure in the event that such
building has been damaged or desTroyed by ftre,
19.64.155 Residential- Replacement explosion, or act of God. Said permit shall allow
permitted. for reconstruction consistent with the original con-
Any residential unit which was legally con- figuration of the building with the exception that
structed and is nonconforming with respect to the no reconstruction can take place within the city's
current zoning and/or density of the property shall current right-of-way. The zoning administrator, in
be allowed to be reconstructed in the event of any accordance withCYMC 19.14.180 and following a
damage or destruction of the existing residential noticed public hearing, may approve a reconstruc-
improvements as defined in CYMC 19.64.150; tion permit based upon the following fmdings:
provided, such be initiated within six months and A. The nonconformity of the building was not
be substantially completed within 12 months of caused by any action of the building owner.
such happening. This allowance shall not apply to B. The granting of the reconstruction permit
industrial-zoned properties. Said reconstruction will not cause the reconstruction of a building with
shall meet all applicable code requirements in a nonconformity which is or will be materially det-
place at the time of reconstruction and shall not be rimental or injurious to the neighborhood or public
built beyond the existing building footprint. (Ord. welfare based upon factors including, but not lim-
2708,1997; Ord. 2599 § 3,1994). ited to, parking, traffic, noise, and incompatible
land uses in the immediate surrounding area.
19.64.160 Modification of provisions C. The reconstruction does not exceed the exist-
permitted when. ing nonconformity.
Requirements prohibiting restoration or recon- D. There are specific site constraints affecting
struction or requiring discontinuance of noncon- the property which would make conformance with
forming uses may be modified by the planning current zoning regulations an undue hardship and
commission for dwellings located in any R zone or burden on the property owner. Such site constraints
for buildings nonconforming only on the basis of include, but are not limited to, factors such as min-
yard or heightrequirements. (Ord. 1356 § I, 1971; imal street frontage or limited vehicular access to
Ord. 1212 § I, 1969; prior code § 33.1102(D)(7». the site.
E, The nonconformity allowed by the permit
19.64.170 Repair or alteration permitted shall only apply to its current use. Said reconstruc-
when. tion pennit shall be conditioned in that any new
Such repairs and maintenance work as required construction must meet current building and fire
to keep it in sound condition may be made to a non- codes and not be permitted within the city right-of-
conforming building or structure; provided, no way. The director of planning and building may
structural alterations shall be made except such as waive certain other current development standards
are required by law or ordinance or authorized as including building setbacks and landscaping regu-
permitted herein by the zoning administrator. (Ord. lations based upon hardship and upon the fmding
1356 § I, 1971; Ord. 1212 § 1. 1969; prior code they will not cause a detrimental impact to the sur-
§ 33.1102(E)(1). rounding area. (Ord. 2760 § 2, 1998).
19-183 7-/3
19.22.160
H. No garage conversions shall be pennitted. accessory building on-site or on an adjacent prop-
I. Development shall be subject to site plan and erty.
architectural approval of the director of planning. C. Verification of Square Footage, For purposes
(Ord. 2399 § I, 1990; Ord. 1868 § 2,1979). of this section, the original dwelling unit's square
footage shall be determined by a dimensioned floor
19.22.160 Floor area ratio. and site plan submitted by the applicant to the direc-
Construction of dwellings or any remodeling or tor of planning for review and verification. (Ord.
additions to existing dwellings shall have a floor 2711 § I, 1997; Ord. 2144 § 2,1986).
area ratio (FAR) which limits the maximum build-
ing area to 45 percent of the lot area for single-fam-
ily dwellings on lots of 7,000 square feet or greater
and 50 percent of the lot area or 3,150 square feet,
whichever is less, for single-family dwellings on
lots ofless than 7,000 square feet. The floor area ra-
tio calculation shall also include the square footage
of patios, garages and other accessory structures
present on the lot, but excluding covered patios
open on at least two sides and covered porches open
on at least one side with a total combined area of
300 square feet or less. For these purposes, an "ac-
cessory structure" is derIDed as any structure which
rises four or more feet above finished grade. (Ord.
2559 § 3, 1993; Ord. 2144 § 2, 1986).
19.22.170 Building additions and remodeling. ~ * £eFG¡C,cs1.) v-> /,v
A. Additions, Greater than 50 Percent. If an
addition to a legal existing dwelling unit consti- ~)EC;T/o¡c/ /9.64--:;//30
tutes an increase of 50 percent or more of the floor
area of the original building's square footage, the
existing building, including the addition, shall
comply with current zoning code standards, except
for the current building setback standards which
would only apply to the addition.
B. Additions, Less than 50 Percent. If an addi-
tion to a legal existing dwelling unit constitutes
less than 50 percent of the floor area of the original
building's square footage, the existing building
may be expanded or altered along the existing hor-
izontal side yard building plane; provided, all of
the following criteria are met:
1. The proposed addition is located on a lot
that is 60 feet wide or greater at the front setback
line; and
2. The proposed addition maintains a mini-
mum five-foot setback from the side property line;
and
3. There is a minimum lO-foot separation
between the horizontal building plane of the exist-
ing dwelling unit and the addition and the horizon-
tal building plane of an existing residence on an
adjacent lot; and
4. There is a minimum six-foot separation
between the edge of the proposed addition and any
19-66 17-1 +
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL
CODE REGULATING ACCESSORY SECOND DWELLING UNITS TO
INCREASE THE MAXIMUM SIZE LIM IT, MODIFY THE ON-SITE
PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR
PROPERTIES WITH NONCONFORMING USES.
WHEREAS, on January 28'h 2003, the City Council of the City ofChula Vista adopted a
local ordinance for the regulation of accessory second units in conformance with California
Government Code Section 65852.2; and
WHEREAS, said local ordinance limits the size of accessory second units to 650 square
feet and requires one on-site parking space per unit; and
WHEREAS, at the time of adoption, the City Council directed staff to re-evaluate the size
limitation for accessory second units so that property owners would have the flexibility to
develop a larger unit in situations where all other standards for an accessory second unit can be
met; and
WHEREAS, since the adoption of the new ordinance, staff has experienced situations in
which accessory second units are proposed on lots with nonconforming uses or structures and the
ordinance does not specify how such situations should be addressed; 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 qualifies for a statutory exemption pursuant to Section 15282 (I) of the State CEQA
Guidelines; and
WHEREAS, while adopting these changes, the City wants to preserve the character of
existing single-family neighbors by requiring the accessory second dwelling units to be smaller
than the existing house on the lot; and
WHEREAS, City believes that allowing the accessory second dwelling unit to be larger
than the existing unit may seriously alter the neighborhood character; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
17,2003 and voted 5-0-0 to forward a recommendation to the City Council to adopt the proposed
Zoning Ordinance amendments and additions dealing with on-site parking and nonconforming
situations, but not to increase the maximum unit size; and
WHEREAS, despite the Planning Commission's recommendation, the City Council finds
that allowing larger accessory second dwelling units will provide a greater incentive for property
owners to construct this necessary housing in the City of Chula Vista.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
r¡- i:5
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Ordinance -
Page 2
SECTION I. That Section 19.58.022 of the Chula Vista Municipal Code is amended as follows:
Section 19.58.022 - Accessory Second Dwelling Units,
A. Accessory second dwelling units are allowed in certain areas as a potential source of
affordable housing and shall not be considered in any calculation of allowable density for the lot
upon which it is located, and shall also be deemed consistent with the General Plan and zoning
designation of the lot as provided. Accessory second dwelling units. whether attached or
detached. shall be considered additions to the existing house for the purposes of evaluating
existing nonconforming structures or uses for compliance with Chapter 19.64 of the Chula Vista
Municipal Code. Required corrections of any nonconforming situations shall occur concurrently
with the addition of the new unit. Accessory second dwelling units shall be subject to the
following development standards:
l. Accessory second dwelling units shall be limited to a maximum gross floor area of tip
te--6W 1.000 square feet, or shall have a gross floor area less than the primary single
family dwelling: whichever is less. and may be attached or detached above or behind a
main or primary single-family dwelling or accessory structure on the same lot.
2. The accessory second dwelling unit must accompany a main or primary dwelling unit
on an A, R-E, R-l or P-C zoned single-family lot. Accessory second dwel1ing units
are precluded from R-2 and R-3 zoned lots.
3. The accessory second dwelling unit shall conform to the underlying zoning and land
use development standards of the A, R-E, R-l or P-C zoned lot, such as height, bulk,
and area regulations, with the following modifications or exceptions:
a. A detached accessory second dwelling unit shall be located a minimum of six
feet from a main or primary single-family dwelling unit.
b. An accessory second dwel1ing unit is subject to the same height limitation as
the main or primary dwel1ing unit.
c. A single story accessory second dwelling unit may be located within a
required rear or interior side yard area, but not closer than 5 feet to any
property line. In addition, the unit and all other accessory structures shall not
occupy more than thirty percent of the required rear yard. Second story
accessory second units shall observe the setbacks of the primary structure
unless the zoning administrator approves a reduction to not less than five feet
through the approval of a conditional use permit as authorized by Section
19.14.030.
d. A lot shall be a minimum 5,000-square feet in size to add an accessory second
dwelling unit. Existing lots less than 5,000 square feet may develop an
accessory second dwelling unit only if it can be incorporated within the
existing permitted building envelope.
rJ-/(¿'
. -----..------------- - _._----
Ordinance -
Page 3
e. The lot coverage including an accessory second dwelling unit shall not exceed
50 percent. Lots in planned communities that are already permitted to exceed
50 percent in lot coverage by their Sectional Planning Area General
Development Plan may include an accessory second unit if the accessory
second unit can be incorporated within the existing permitted lot coverage.
f. Accessory second dwelling: units shall be provided with one standard sized
parking space for studio or one-bedroom units. or two standard sized parking
spaces for units with two or three bedrooms. Said parking is in addition to the
parking requirements for the main dwelling as specified in Section 19.62.170.
The off-street parking spacew shall be on the same lot as the second unit,
shall be screened from view from public streets, and shall not be located
within a required front or exterior side yard setback. Tandem parking is not
allowed to satisfy required parking for an accessory second dwelling unit.
Lots having accessory second dwelling units must take access from a public
street, alley or a recorded access easement.
g. The accessory second dwelling unit shall be served by the same water and
sewer service lateral connections that serve the main or primary dwelling unit.
A separate electric meter and address may be provided for the accessory
second unit.
h. Accessory second dwellings shall be designed to be consistent in architectural
style with the main house and compatible with surrounding residential
properties. The Design Review Committee shall review disputes about design
and/or compatibility issues.
l. Any accessory second dwelling unit that is attached to an existing residential
structure shall meet the standards of Section 19.58.022, and all applicable
development standards of the existing zone.
SECTION VII. This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by Approved as to form by
~¿d¡{~<lW
James D. Sandoval, AICP An oore
Planning and Building Director' y Attorney
[7- 1/7
, I
"-"""---"'-"-""-- .-----..
January 22. 2004
TO: The Honorable Mayor. Steve Padilla and City Council
FROM: Charter Review Commission
SUBJECT: Endorsement of the Campaign Contribution Ordinance
At a regular meeting of the Charter Review Commission held Monday. January 12.
2004. members of the Commission were briefed by Commissioner Cheryl Cox on the
drafting and content of the proposed Campaign Contribution Ordinance. The Ordinance
is scheduled for review by the City Council on February 3, 2004.
Upon careful consideration of the proposed Ordinance as set forth by the
Campaign Contribution Committee. the Charter Review Commission passed a motion in
support of the Ordinance as drafted by the Committee. The Commission further
endorsed the appropriateness of the Ordinance taking effect prior to the November
2004 special election. The Commission further recommends that the candidates for the
City's elective offices be invited to review the proposed Ordinance upon its adoption by
City Council.
~av.5.\.~~\)-. ~~~
Harriet Acton
Chair
'(/- i
..-...--.. .-.-......---.--..............-.. ---.
COUNCIL AGENDA STATEMENT
Item -
Meeting Date 1/27/04
ITEM TITLE: Resolution Establishing a Council Policy for Formation of
Assessment Districts with City Participation for Construction ofInfill Street
Improvements and Rescinding Council Policy 505-01: Participation by the
City ofChula Vista in 1911 Block Act Program Proceedings
Ordinance Modifying Certain Provisions of the Municipal
Improvement Act of 1913, the Special Assessment, Investigation, Limitation
and Majority Protest Act of 1931 and the Elections Code
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: CityManager<'~..,/ (4/5ths Vote: Yes - NoX)
'{,;vl Over the past ten years, the City has formed or has begun formation proceedings on five Assessment
Districts under the 1911 Block Act. It is anticipated that proceedings to consider the formation of
several new assessment districts will be initiated within the next two years under the Western Chula
Vista Infrastructure Financing Program. It is desirable to clarify various issues regarding assessment
district formation and the City's participation prior to commencement of the proceedings to consider
the formation of these districts.
RECOMMENDATION: That Council:
1. Adopt the above resolutions:
a. Establishing a Council Policy for Formation of Assessment Districts with City
Participation for Construction of In fill Street Improvements
b. Rescinding Council Policy 505-01: Participation by the City ofChula Vista in 1911
Block Act Program Proceedings
2. Place the above ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City adopted Council Policy 505-01, Participation by the CityofChula Vista in 1911 Block Act
Program Proceedings, by Resolution No. 11373 on August 30, 1983 (Attachment 1). This policy
discussed the financial contribution of the City in the formation of Assessment Districts using the
1911 Block Act (Division 7, Chapter 27 of the California Streets and Highways Code) for the
construction of infill street improvements. This policy required the City to pay for all the design,
inspection and administrative costs associated with installing infill street improvements.
Additionally, the City would be responsible to pay for the cost to relocate all existing public
improvements and overlay or reconstruct the existing paved roadway where necessary. The City
would also be responsible to pay for half the cost of all improvements on a corner lot's side JTontage.
The property owners would be responsible to pay all other construction costs, including additional
q- I
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t7
Page 2, Item~
Meeting Date 1/27/04
pavement; curb, gutter and sidewalk; driveway aprons and street lights. Under this policy, the City
has formed or begun formation of five Assessment Districts over the past ten years.
Formation Proceedin2s under the 1911 Block Act
Proceedings to form assessment districts pursuant to the 1911 Block Act to finance a portion ofthe
cost of in fill street improvements are comparatively complex and consequently demanding of staff
resources particularly in relationship to the amount ofthe cost of in fill street improvement projects
being reimbursed to the City from the assessments levied in such assessment districts. These
procedures have been further complicated by the passage of Proposition 218, which became effective
on July 1,1997, and which added Article XIIID to the Califomia Constitution and which requires the
inclusion of assessment ballot proceedings as a part of the assessment district formation process.
The formation of an assessment district pursuant to the 1911 Block Act involves the preparation of
two separate engineer's reports and staff reports and resolutions for four separate City Council
meetings, including two public hearings. The procedural steps in forming such an assessment
district may be summarized as follows:
. Preparation, circulation and submission of petition executed by the owners of more
than 60% of the front footage of a block in which infill street improvements are
requested to be installed.
. Preparation by staff of a boundary map of the proposed assessment district and a
preliminary engineer's report containing an estimate of the cost of installation of the
improvements and the estimated assessments.
. Preparation of staff report and resolutions approving the boundaries of the assessment
district, declaring intention to form assessment district and approving preliminary
engineer's report and setting the time and place of the initial public hearing.
. City Council action to adopt the preceding resolutions and setting the time and place
for the initial public hearing.
. Preparation of and mailing to property owners of notices ofthe initial public hearing
and assessment ballots and order for property owners to construct the public
improvements within 60 days.
. Preparation of staff report and resolution declaring the results of assessment ballot
tabulation.
. City Council holds initial public hearing and adopts resolution declaring the results of
the assessment ballot tabulation.
. Construction of the public improvements.
. Determination of final costs of construction of the public improvements and
preparation of final engineer's report reflecting final costs of construction.
q,?f
I
.M.' ... ..-...-.------.. . ,-._---- ---,.,..-.----.
Page3,Itemí
Meeting Date 1/27/04
. Preparation of staffreport and resolution accepting the filing of the final engineer's
report on the costs of the construction of the improvements.
. City Council action to adopt the preceding resolution and to set the time and place for
the final public hearing to confirm the costs of construction and the levy of
assessments.
. Preparation and mailing to property owners ofthe notice ofthe final public hearing.
. Preparation of staff report and resolutions confirming the final engineer's report and
assessing the costs of construction.
. City Council conducts final public hearing and adopts the preceding resolutions.
If the actual cost of construction exceeds the estimate included in the preliminary engineer's report
and reflected in the assessment ballots, it would be necessary to include a second assessment ballot
proceeding as a part of the final public hearing in order to increase the assessments to recover the
cost increases
Use of the Municipal Improvement Act of 1913 as an Alternative to the 1911 Block Act
As of now, the City has only used the Municipal Improvement Act of 1913 (the "1913 Act") to form
large Assessment Districts for the financing of large-scale infrastructure improvements for entire
developments. These projects included the issuance of bonds with a term of at least 20 years. Since
the passage of Proposition 218, however, the Mello-Roos Community Facilities Act of 1984 has
been used in place ofthe 1913 Act for financing infrastructure in new developments because, among
other factors, of its flexibility in allowing for taxing of properties based on a general benefit rather
than based on a specific benefit to each property owner as is now required for assessment districts. .
Unlike the 1911 Block Act, the 1913 Act formation procedures requires preparation of only one
engineer's report and only two City Council meetings, including one public hearing. These
procedures may be summarized as follows:
. Preparation, circulation and submission of petition executed by the owners of more
than 60% of the front footage of a block in which in fill street improvements are
requested to be installed.
. Preparation by staff of a boundary map of the proposed assessment district and the
engineer's report containing an estimate of the cost of installation of the
improvements and the estimated assessments.
. Preparation of staff report and resolutions approving the boundaries ofthe assessment
district, declaring intention to form assessment district and approving preliminary
engineer's report and setting the time and place of the public hearing.
. City Council action to adopt the preceding resolutions and setting the time and place
for the initial public hearing.
I ".
./
-...-.---.------. .--- ---- --..--------
page4,Item~
Meeting Date 1/27/04
. Preparation of and mailing to property owners of notices ofthe initial public hearing
and assessment ballots.
. Preparation of staff report and resolution declaring the results of assessment ballot
tabulation, ordering the construction of the improvements and confirming the levy of
assessments.
. City Council holds the public hearing and adopts the preceding resolution.
. Construction of the public improvements.
If the actual construction costs of the District's improvements do not exceed the cost estimate
included in the Engineer's Report and reflected in the assessments shown on the assessment ballots,
the assessments can be reduced by Council resolution without a public hearing. On the other hand, if
the actual construction costs do exceed the cost estimate included in the Engineer's Report and
recovery of such excess costs would require an increase in the assessments previously levied,
approval of such increase in the assessments would require a subsequent public hearing and
assessment ballot proceeding.
Under the 1913 Act process, it is also possible to begin levying assessments on properties within the
Assessment District right after such District is formed instead of waiting until after the project is
completed, accepted by the City, the final Engineer's Report is written, the final public hearing is
held and the levy ofthe assessments is confirmed. This will accelerate the reimbursement to the City
of the initial costs of construction by at least one year in most cases. Such acceleration will not result
in property owners paying the assessments over a longer period of time.
Two other advantages of the 1913 Act process relate to the inclusion of administrative costs and no
requirement to provide a 60-day Notice to Construct to property owners. Unlike the 1911 Block Act,
annual administrative costs associated with billing property owners can be included in the cost.
However, it is recommended that the maximum annual cost be included on the assessment ballot sent
to property owners during district formation. Under the 1911 Block Act, the City must provide a
notice to all property owners in the proposed District ordering them to construct the improvements
included in the District to the City's satisfaction during a 60-dayperiod prior to contract award. This
notice has generally been provided to property owners with the notice of the public hearing and
assessment ballot, although no property owner has yet complied with this provision. At the initial
public hearing under the 1911 Block Act, the City Council must determine ifthe improvements have
been installed by the property owners and, ifnot, may then order the installation of the improvements
by the City. While staff never anticipates that a property owner will undertake to install the
improvements, the receipt ofthis demand notice can be confusing to property owners and can lead to
a misunderstanding of the nature of the demand. This noticing requirement is not included in the
1913 Act.
As a result of the advantages resulting from the use of the 1913 Act, staff is recommending that the
City Council adopt a new policy for the formation of assessment districts to finance the installation
of in-fill street improvements that will enable the use of the 1913 Act procedures.
q-t./
Page 5, Item vJ
Meeting Date 1/27/04
Proposed Additional Policv Recommendations
Several other issues relating to Assessment District policy have never been previously defined by
City policy or ordinance. The first issue is District composition. Although the 1911 Block Act
defines a block as one side of a street between two intersections, it is more cost effective, less
disruptive and more esthetically pleasing to construct improvements on both sides of one block at the
same time. The City would also be able to overlay or reconstruct the entire street, ifnecessary, as part
ofthe project. Therefore, the proposed policy defines the minimum size for a district as being both
sides of a public street between two public street intersections where both sides of the street do not
have full improvements.
The 1913 Act, as currently written, provides that the assessments become delinquent after 30 days
unless bonds are issued. Staff would retain the ability to finance these Districts over ten years at an
interest rate equal to the City's investment return up to a maximum interest rate of 7 percent as
permitted in the 1911 Block Act Districts. Since the City of Chula Vista is a charter city, the City
can amend the 1913 Act by ordinance to allow this method of financing. Itis also recommended that
Council act to amend the sections of the Majority Protest Act of 1931 and the 1911 Block Act
pertaining to the petition requirements. The proposed modification will bring the calculation of the
weighted percentage of property owners who have signed the petition more in line with Article XIIID
of the California Constitution.
Other District Formation Issues
Based on the legal changes and the City's experience since the passage of the original policy in 1983,
various additional policy changes and additions are recommended. Some ofthe issues that need to
be clarified are the City's position on right-of-way acquisition and the consideration of prior deferral
agreements. Since Assessment Districts are only established at the request of the majority ofproperty
owners in an area, it would not be appropriate for the City to enter into condemnation proceedings
for the acquisition of additional right-of-way if needed for construction of full street improvements.
It would also be unfair if certain property owners dedicated right-of-way to the City without
compensation while other property owners received compensation through the condemnation
proceedings. Therefore, it is recommended that property owners unanimously agree to dedicate the
necessary right-of-way to the City in order for District formation to proceed.
Per the City's Municipal Code Sections 12.24.020 and 12.24.040, in cases where property owners
apply for permits to construct improvements exceeding $25,497.27 (adjusted annually), they are
required to construct improvements on public streets and/ or alleys adjacent to their properties. If
this is not practical, property owners may apply for a deferral which is secured by either a lien on the
subject property or payment of a cash bond. Since deferrals have frequently been approved in
neighborhoods where Assessment Districts are being proposed, a uniform method of handling these
deferrals is needed. It is proposed that the property owner's assessment be subtracted from the
deferral amount, if any, plus any interest that would have accrued from the date of payment. If the
amount is positive, the difference would be returned to the property owner after construction work
has been completed. If the amount is negative, the difference would be the amount payable as part of
the Assessment District. If the deferral is secured by a lien, it would be released after formation of
the District, and the property would be included in the liens for the new District. Should the
~-5
Page 6, Item~
Meeting Date 1/27/04
provisions of the new policy conflict with the provisions of the previously executed and approved
deferral agreement between the City and the property owner, the deferral agreement will govern.
Additionally, certain aspects of the existing policy were changed to correspond to general City
practice. Since it is not common engineering practice to construct curb, gutter and sidewalk along
alleys, the wording regarding dual frontage lots was changed. Since construction of comer
wheelchair ramps is required by the Americans with Disabilities Act and it is an improvement of
general benefit to the community, it is now included as part of the City share for comer lots.
These above issues relate to Districts formed for the construction of infill street improvements using
either the 1911 Block Act or the Municipal Improvement Act ofI913. Since there is the possibility
that the City may want to use the 1911 Block Act in the future, staff is proposing amendment of
Policy 505-01 for the use ofthe 1911 Block Act or the Municipal Improvement Act of193l for the
construction of in fill street improvements.
Chapter 699 of the Statutes of 2003, effective January 1, 2004, amended the provisions of the
Elections Code to establish very limited and specific dates on which mailed ballot elections,
including assessment district proceedings or elections to authorize the levy of special taxes such as
elections in community facilities districts, may be held. These dates are:
. The first Tuesday after the first Monday in May of each year;
. The first Tuesday after the first Monday in June of each even numbered year; and
. The last Tuesday in August of each year.
Limiting the dates for assessment ballot proceedings to these specific dates will unnecessarily limit
the timing of and delay proceedings to consider the formation of Assessment Districts. Therefore,
staff has included in the attached ordinance a provision to amend Section 1500 of the California
Elections Code as permitted under the City's charter to permit assessment ballot proceedings or
elections to authorize the levy of special taxes to be held on any ofthe specified election dates or on
any Tuesday se1ected by the City Council.
FISCAL IMPACT: Adoption of the Assessment District Policy and Ordinance will not have any
direct fiscal impact. It is estimated that implementation of the 1913 Act process wi ] save staff time
and expenditures over the 1911 Block Act process, but the exact amount of savings is unknown.
Attachment 1: Existing Council Policy 505-01
Attachment 2: Proposed New Council Policy
J:\ENGINEERIAGENDAIASSESSMENT DlSTRlCT POLICY STAFF REPORT-REVISED 1-14-04.EMc.DOC
FILE STL-201. STL-294
1/21/2004300 PM
.? -:~
ÞTT ACHME!\Il ._-~
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECf: PARTICIPATION BY THE CIIT OF CHULA POLICY EFFECfIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-0] 08-30-83 1 OF 6
ADOPTED BY: Resolution No. 11373 I DATED: 08-30-83
BACKGROUND
Th~r~ ar~ prop~ni~s within th~ City limits thar do not hav~ full str~~t improv~m~nts. In th~ pasr, Council has
dìr~ct~d th~ own~rs of crirical unimprov~d parc~ls to install th~ir missing public improv~m~nts. Th~ 1911
Block Act Proc~~dings W~r~ utilized in most instances. As an encouragement for property owner panicipation,
the City has contributed funds for the completion of cenain items of work (i.e., grading, pavement
installation, etc.). Also, the City consistently has contributed engineering inspection and administrative
services at no charge to the property owner(s). However, there is no Council adopted policy r~garding City
panicipation in 1911 Block Act improvement construction proceedings-
This policy is designed to encourage the installation of missing improvements along developed residential lots.
It specifically sets City panicipation goals for the improvement of comer, non-comer, and double frontage
residential lots. Th~ policy reaffirms City Council intent to require the installation of public improvements
adjac~nt to undeveloped property (r~sidential, comm~rcial, and industrial) through rh~ formarion of 1911 Act
Assessment Districts or through the subdivision and building permit approval procedures.
This policy shall only apply to areas incorporated on or before this policy's effective date.
PURPOSE
To establish a policy for panicipation by the City in the construction of public improvements via the 1911
Block Act Proceedings (Chapter 27, Street and Highways Code of the State of California).
POUCY
The City Council establishes the following policy for City panicipation in 1911 Block Act Program
proceedings:
1. General Panicipation
a. Th~ City, at no cost to the property owner(s) shall provide all engineering, insp~ction and
administrative services necessary to install miss;ng improvements via the 1911 Block Act Program
proceedings.
b. It shall be the City's responsibility to relocat~ all ~xisting public improv~m~nts found to be in
conflict with th~ proposed str~et improvem~nr construction. Such improv~m~nrs shall includ~, but
not b~ limit~d to: str~~t lights, traffic signal standards, drainag~ structures, fir~ hydrants, ~rc.
c. Engin~ering staff shall me~t individually with each prop~rty owner prior to th~ program's public
h~aring to hand d~liv~r initial corr~spond~nc~ and to ~xplain th~ plans, proc~~dings and this policy.
Final engin~ering plans and proj~ct sp~cifications shall refl~ct as clos~ as practicable, the prop~rty
own~r(s) conc~ms provided th~y reflect standard engineering practice.
.;1. '7
m____"- ..-.----- ---
-- __m
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
V1STA IN 1911 BLOCK ACT PRGRAI'v1 NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 2 OF 6
ADOPTED BY: Resolution No. 11373 I DATED: 08-30-83
d. Prior to the end of each fiscal year, the City Engineer shall submit to the City Council for approval
under this program, a recommended Jjst of projects for scheduling in the ensuing fiscal year.
Funding for the program shall be detennined annually and shown in the CapitaJ Improvement
Program.
e. City participation in this program shall be limited to developed parcels that cannot be split into lots
or building sites.
2. Developed Residential Lots
a. Non-Comer Lots
It shall be the City's responsibility to overlay or reconstruct the roadway rravelway adjacent to
non-comer lots when the rravelway is already improved and needs an overlay or reconsTrUction to
accommodate drainage or Traffic safety requirements.
The City's responsibiJjty described above is shown on Figure 1 (attached).
b. Comer Lots
For the purposes of this policy, the comer lot front lot line shall be defined to be the shorter of rhe
tWo adjacent sTreet lot Jines. In this case of a non-rectangular comer lot, the front Jot line shall be
the average width of the lot. (See Figure 2).
It shall be the City's responsibility to:
(1) Install curb, gutter, sidewalk and pavement (if non-existent) adjacent to J/2 the comer Jot's side
STreet frontage.
(2) Overlay or reconsTrUct the side and frontage street's travel way when needed to accommodate
drainage or Traffic safety requirements.
(3) In the event that there are improvements already existing along the comer lot's side property
frontage already existing, these improvements shall be credited to the City if they need not be
removed to accommodate the improvements to be installed.
The City's responsibility described above is depicted on Figure 3 (arrached).
3. Dual Frontage Lots
It shall be the City's responsibility to:
(). t
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 3 OF 6
ADOPTED BY: Resolution No. 11373 I DATED: 08-30-83
a. Install curb, gutter, sidewalk, and pavement (if non.existent) adjacent to the enrire lot's rear street
frontage.
b. Overlay or reconstruct the lot's rear street travelway when needed to accommodate drainage or
traffic safety purposes.
For purposes of this policy, dual frontage lots shall be a lot having frontage on two parallel or
approximately parallel streets, one of which is an "alley".
4. Developed Industrial/Commercial Lots
The City contribution towards the construction of improvements adjacent to developed
industrial/commercial lots shall be limited to:
a. The overlay or reconstruction of existing roadway travel way areas when found to be required for
drainage or traffic safety purposes.
S. Undeveloped Residential, Industrial and Commercial Lots
This policy shall reaffirm the City Council's intent to require the installation of missing improvements
adjacent to undeveloped lots (both comer and non-comer with and without double street frontages)
through:
a. 1911 Act Assessment District procedures.
b. subdivision requirements, and
c. building permit approval requirements.
There shall be no City contribution towards the construction of improvements adjacent to undeveloped
residential, industrial and commercial lots. In the event that an owner petitions the City for inclusion of
his/her undeveloped parcel in a 1911 Block Act Program, all expenses shall be borne by said owner.
6. Applicabilirv
This policy shall be applicable to areas within the Chula Vista City limits on or before its effective date.
:> :Â
- - J
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 4 OF 6
ADOPTED BY: Resolution No. 11373 DATED: 08-30-83
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! COUNCIL POLICY I
CITY OF CHULA VISTA
SUBJEcr: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 5 OF 6
ADOPTED BY: Resolution No. 11373 DATED: 08-30-83
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COUNCIL POLICY
CITY OF CHUlA VISTA
SUBJECT: PARTICIPATION BY THE CITY OF CHULA POLICY EFFECTIVE
VISTA IN 1911 BLOCK ACT PROGRAM NUMBER DATE PAGE
PROCEEDINGS
505-01 08-30-83 6 OF 6
ADOPTED BY: Resolution No. 11373 DATED: 08-30-83
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A COUNCIL POLICY FOR
FORMATION OF ASSESSMENT DISTRICTS WITH CITY
PARTICIPATION FOR CONSTRUCTION OF INFILL STREET
IMPROVEMENTS AND RESCINDING COUNCIL POLICY 505-01:
PARTICIPATION BY THE CITY OF CHULA VISTA IN 1911
BLOCK ACT PROCEEDINGS
WHEREAS, the City adopted Council Policy 505-01, Participation by the City of
Chula Vista in 1911 Block Act Proceedings, by Resolution No. 11373 on August 30,
1983; and
WHEREAS, since that date the City has formed several Assessment Districts
pursuant to such policy and the provisions of the 1911 Block Act (Chapter 27 of the
Improvement Act of 1911) for the purpose of financing a portion of the cost of
construction of infill street improvements under this policy and staff has subsequently
identified several additional formation issues which require policy clarification, such as
the City's position on right-of-way acquisition and the consideration of prior deferral
agreements; and
WHEREAS, in addition, the process involved in forming Assessment Districts
under the 1911 Block Act has become more complicated by the passage of Proposition
218, which became effective on July l, 1997, and which added Article XIIID to the
California Constitution and which requires the inclusion of assessment ballot proceedings
as a part of the assessment district formation process; and
WHEREAS, the initiation of proceedings to consider the formation of several new
Assessment Districts in Western Chula Vista is anticipated during the next two years and
a process is needed which is simpler, less time consuming and more cost effective than
the current process utilizing the 1911 Block Act; and
WHEREAS, a new policy is needed to allow for the use of the more
straightforward process for forming Assessment Districts included in the Municipal
Improvement Act of 1913;
WHEREAS, there has been presented to the City Council for its review and
consideration a new policy, a copy of which is attached as Exhibit A hereto and
incorporated herein by this reference, that addresses the issues set forth above.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby establish a Policy of the City Council in the form attached as Exhibit A
hereto for formation of Assessment Districts with City participation for construction of
). r~
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-. --- -- - --------------- - -.---- --'--'---"-
infill street improvements and rescind Council Policy 505-01: Participation by the City
ofChllla Vista in 1911 Block Act Program Proceedings.
Presented by Approved as to form by
,~~~JÞl r uw;;
Jack Griffin AnnMoe
Director of General Services City Attorney
:? 'J
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-------- ------------.---~~--~- ---------------
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: FORMATION OF ASSESSMENT DISTRICTS WITH CITY
PARTICIPATION FOR CONSTRUCTION OF INFILL STREET IMPROVEMENTS
BACKGROUND
There are many properties within the western area of the City of Chula Vista (particularly
in the Montgomery area) that do not have full street improvements. Council adopted
Council Policy No. 505-01 by Resolution No. 11373 on August 30, 1983 to provide
guidelines for the City's financial participation in Assessment District formation under
the 1911 Block Act Program. These guidelines addressed certain financial issues,
however, over time questions arose regarding district administration that were not
addressed by this policy. These issues include the acquisition of right-of-way and the
application of deferral payments and agreements made for the construction of street
Improvements.
Additionally, changes in assessment law since 1983 have affected the establishment of
these districts. The process of forming Assessment Districts under the 1911 Block Act
has become more cumbersome since the passage of Proposition 218. The necessity of
treating all properties in a district equitably has lead to reconsideration of the original
policy regarding undeveloped lots and industrial! commercial lots.
Finally, the City has recently established a new program for the financing of infill street
improvements in the Montgomery area called the CDBG Street Rehabilitation Program.
Under this program, the City will finance all construction and design costs for infill street
improvements except for the construction of driveway aprons. Since it is expected that
several Assessment Districts will be formed under this program, it was considered
advisable to reconsider the City's policy at this time.
PURPOSE
To establish a new City policy and rescind the current City policy on establishment of
Assessment Districts for the construction of infill street improvements.
POLICY
The City Council establishes the following policy for City participation in the
establishment of Assessment Districts for the construction of infill street improvements:
1. General Procedure:
a. Assessment Districts for the construction of infill street improvements will
be formed with the participation of the City using either the Improvement
Act of 1911 as enacted and amended in the California Streets and
Highways Code (particularly Chapter 27 thereof, commonly referred to as
1 CLIS
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"_.. -------.--. ""_.
'The Block Ace) or the Municipal Improvement Act of 1913 (Division 12
of the California Streets and Highways Code) as amended by City
ordinances. The assessment balloting process shall be conducted in
accordance with Chapter XIIID of the California Constitution (Proposition
218) or applicable State law.
b. Where a minimal number of property owners in a block have infill street
improvements and it would be impractical to form an Assessment District,
Council may authorize the City to enter into a reimbursement agreement
with an individual property owner for the financing of the property
owner's share of construction costs. Said agreement shall be for a
maximum of ten years at an interest rate to be determined by Council.
2. District Composition:
a. A District is comprised of both sides of a public street between two
intersections, where both sides of the public street do not have full
improvements (including curbs, gutters and sidewalks). A public street
shall be defined as right-of-way dedicated to and accepted by the City as a
public roadway, or dedicated to another public agency as a public roadway
and acquired by the City, which provides primary access to adjoining
properties.
b. Where full improvements have already been constructed on one side of a
public street, a District will be comprised of that side of such public street
between intersections on which full improvements have not been
constructed.
c. At the option of Council and if property owners indicate such an interest,
the District may include additional contiguous blocks in the District in
conformance with 2a. and 2b. above.
d. City participation in District formation in areas with a primary land use
designation as commercial and/or industrial shall be limited to the overlay
or reconstruction of existing roadway travel areas, with the exception of
occasional commercial properties (such as comer lots) located in areas
primarily classified as residential. In the latter instance, such commercial
properties shall be treated in the same way as adjoining residential
properties.
e. The City shall not participate in the formation of a District for a block
which is primarily undeveloped. Where isolated undeveloped properties
are located in a block which is otherwise developed, the City will provide
the same benefits provided to developed lots if agreement can be reached
with the owner of such undeveloped property which will include the
location and width of driveways. If agreement is not reached, the City
shall construct pavement to the width where the curb and gutter would
have been constructed, but install an asphalt berm in place of curb, gutter
and sidewalk.
f. The City shall not participate in District formation for improvements to
pnvate streets.
2 ) ~ /fp
" The City's financial participation in District formation for improvements
ö'
to public alleys shall be limited to utility relocation, replacement of
existing improvements and all engineering, inspection and administrative
services. Public alleys are defined as right-of-way dedicated to or
accepted by the City as a public roadway, or dedicated to another public
agency and acquired by the City, which generally provides secondary
access to the adjoining properties along the sides or rear of such
propertIes.
3. Right ofWav Issues:
a. It is desirable for the City to have the standard 56 feet of right of way
width for construction of full street improvements on both sides of a two-
way street; however, at the sole discretion of the City Manager (or
designee), the acceptable right of way width for construction of street
improvements may be reduced on a project-by-project basis to a
minimum of 46 feet.
b. If existing street right is less than 46 feet, right of way acquisition will be
required. Property owners within the proposed District boundaries must
unanimously agree to dedicate sufficient right of way to meet this
requirement to the City at no cost to the City in order for District
formation to proceed. The City will not pay for right of way acquisition or
undertake condemnation proceedings under this policy.
4. Deferrals
Property owners who construct improvements on their properties above a
specific value are required to construct infill street improvements. They may
apply for a deferral on constructing such improvements based on the existing
conditions of the surrounding area. If the deferral application is approved, the
property owner must sign an agreement with the City which is secured
through either a lien on the property or by payment of a cash deposit.
a. If the deferral is secured by a lien, the lien or portion of the lien associated
with the deferral of construction of infill street improvements to be
installed and financed through an Assessment District will be released
after formation of such District including such property has been accepted
as complete by the City Council and! or City Manager. This property will
be assessed for the special benefit received by such property from the
improvements to be financed through the new District in accordance with
applicable sections of the California Streets and Highways Code.
b. If the deferral is secured by a cash bond covering the cost of curb, gutter
and sidewalk, such bond plus the interest that has or should have
accumulated since the date of payment will be applied as a credit to be
subtracted from the portion of District costs allocated to the property.
This will only apply to the amount paid to cover the cost of the portion of
the public street or public alley to be installed and financed through the
District.
3 ..1. " t1
I
u_-----~-
c. After formation of the District and construction of all facilities is
complete, it will be determined if the current owners of the properties with
cash bond deferrals are eligible to receive refunds. The portion of the cash
bond associated with infill improvements for the street or alley installed
and financed through the District will be determined and added to the
interest which the City has or would have earned on this amount from the
quarter when the deposit was made to the quarter when the construction
contract was awarded. The amount payable by the property owner under
the District will be subtracted from the cash bond plus interest. If the
resulting difference is positive, such difference shall be refunded to the
property owners.
d. Should the provisions of Section 4, Deferrals, conflict with the provisions
of a Deferral Agreement properly executed by the City designee ~d the
property owner prior to approval of this Council Policy, the Deferral
Agreement will govern.
5. CDBG Financing:
It is anticipated that additional funding for the construction of infill street
improvements in the Montgomery area will be available if a low interest loan
is received under the Community Development Block Grant (CDBG) Section
108 Program. Under this program, the previous provisions of this policy will
apply in addition to the following additions/ exceptions:
a. Only public streets in developed residential areas will be eligible for this
additional CDBG funding, Alleys will not be eligible.
b, The following costs will be paid by the City: rehabilitation of the existing
roadway; additional roadway pavement; curb, gutter and sidewalk;
relocation of existing utilities, design, inspection and administrative costs;
repair or replacement of existing damaged improvements outside the
existing road right of way. Right of way acquisition costs are not
included.
c. The following costs will be paid by the property owners: paved driveway
aprons and repair or replacement of existing private improvements
encroaching on the existing road right of way.
J:lliNGINEERIDESIGN\STL294\ASSESSMENT DISTRICT COUNCIL POLICY a 1115/2004 8:38 AM
4 ,), it
..-..,,-..-.---. .-- .......- . ....-..-.--....
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA MODIFYING CERTAIN PROVISIONS OF THE MUNICIPAL
IMPROVEMENT ACT OF 1913 AND THE SPECIAL ASSESSMENT,
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
WHEREAS, the City of Chula Vista, California, is a charter city organized and
existing under the laws of the State of California, and is duly authorized and empowered
to make laws as they relate to municipal affairs of the City; and
WHEREAS, the City has previously formed Assessment Districts for the purpose
of financing the acquisition or construction of public improvements, including but not
limited to the construction of infill street improvements under the 1911 Block Act
(Chapter 27 of the Improvement Act of 19I1); and
WHEREAS, the City wishes to utilize the procedures of the Municipal
Improvement Act of 1913 for formation of assessment districts to finance such infill
street improvements but to continue to offer property owners the financing arrangements
available under the 19l1 Block Act; and
WHEREAS, petitions collected from property owners in accordance with the
Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the
"1931 Act") can more accurately reflect the provisions of Article XIIID of the California
Constitution if the adequacy of such petitions can be based on the financial responsibility
of the property owners signing such petitions rather than the acreage owned by such
property owners as is the current requirement under the 1931 Act; and
WHEREAS, Chapter 824 of the Statutes of 2003 (Assembly Bill 1521), effective
on January I, 2004, amends the Elections Code of the State of California to limit to only
two dates in each odd numbered year and three dates in each even numbered year on
which assessment ballot proceedings may be undertaken; and
WHEREAS, the limited dates on which such assessment ballot proceedings may
be undertaken will unnecessarily limit the timing of and delay proceedings to consider
the formation of Assessment Districts.
NOW, THEREFORE, BE IT ORDAINED:
SECTION 1. Reference to Laws: The provisions of the Municipal Improvement
Act of 1913 (Division 12 of the Streets and Highways Code commencing with Section
10000), and the Special Assessment Investigation, Limitation and Majority Protest Act of
1931 (Division 4 of the Streets and Highways Code commencing with Section 2800),
shall be applicable to Assessment District proceedings except as modified herein.
I q~ I q
SECTION 2. Section l0200 of the Streets and Highways Code shall be amended
to read as follows:
"Before ordering any improvement which is authorized by this division to
be made, the legislative body shall adopt a resolution declaring its
intention to do so, briefly describing the proposed improvement,
specifying the exterior boundaries of the assessment district, providing for
the issuance of improvement bonds, if any bonds are to be issued, pursuant
to Chapter 7 (commencing with Section 10600), declaring its intention to
levy an assessment to maintain, repair, or improve the facility pursuant to
Section 10100.8, if it intends to levy such an assessment, and providing
for the disposal of any surplus remaining in the improvement fund after
the completion of the improvement, as authorized in Section 10427 and, if
the legislative body so desires, declaring its intention to authorIze the
payment of assessments to be made in annual installments pursuant to
Section 5895. The descriptions do not need to be detailed and shall be
sufficient if they enable the engineer to generally identify the nature,
location, and extent of the improvements and the location and extent of the
assessment district. The resolution of intention shall also contain a brief
statement of the intention of the legislative body to enter into an
agreement with any other public agency, or public utility, pursuant to
Chapter 2 (commencing with Section 10100)."
Section 10402 of the Streets and Highways Code shall be amended to read as
follows:
"The tax collector shall record the diagram and assessment received
pursuant to Section 1040 I in a substantial book to be kept for that purpose
in his office. Upon the date of recordation with the tax collector or, if a
certified copy is recorded with the county surveyor or with the
superintendent of streets of the city, or both, as provided in Section 10401,
then upon the date of recordation, the assessment becomes due and
payable, except that the legislative body may provide (a) in the resolution
adopted pursuant to Section 10312 that all or any portion of the
assessment becomes due and payable on the date of the bonds which
represent the assessments or portion thereof or (b) in a resolution
adopted pursuant to Section 5895 that such assessment shall be
payable in such annual installments as may be prescribed in such
resolution."
SECTION 3. Section 10403 of the Streets and Highways Code shall be amended
to read as follows:
"All assessments not paid within 30 days after they become due, except all
unpaid assessments for which bonds are to be issued or for which the
legislative body has authorized the payment of such assessment in
2 C1.;)D
-~~~. -.--. . ~~---- ~""-'-'
annual installments pursuant to Section 5895, shall become delinquent
and the recording officer shall add to each delinquent assessment 5 percent
of the amount thereof. Assessments may be paid in whole or in part
during the 30-day period after the same become due and payable."
SECTION 4. Section 10404 (d)(3) of the Streets and Highways Code shall be
amended in its entirety to read as follows:
"(3) If bonds are not to be issued or the legislative body has not
authorized the payment of such assessment in annual installments
pursuant to Section 5895, that all assessments will become delinquent if
not paid before the expiration of that 30 days and the effect of the failure
to pay the assessments within the 30-day period."
Section 10404(d) shall be further amended by the addition of subsection (5) which
shall read as follows:
(5) "If the legislative body has authorized the payment of such
assessment in annual installments pursuant to Section 5895, that all
assessments not paid before the expiration of that 30 days shall be payable
in such number of annual installments as the legislative body shall have
determined and that the payment of such assessments so deferred shall
bear interest on the unpaid balance at such interest rate as the legislative
body shall have determined."
SECTION 6: Section 2804 (a)(3) of the Streets and Highways Code shall be
amended to read as follows:
(3) "All of the owners of more than 60 percent in area of the property
subject to assessment for the proposed improvements or more than 60
percent of the properties to be assessed as weighted in accordance
with the maximum allowable assessments as established for
assessment balloting procedures under Article XIIID of the California
Constitution have signed or filed with the clerk or secretary of the
legislative body undertaking the proceedings a written petition for the
improvements meeting the requirements of Section 2804.5."
SECTION 7: Section 5875 of the Streets and Highways Code shall be amended to
read as follows:
"The owners of lots or portions of lots fronting on any public street or
place when that street or place has been improved by the construction of
sidewalks or curbs for a total frontage of more than fifty percent (50%) on
one side of such street or place in any block, or where a petition signed by
the owners of more than sixty percent (60%) of (a) the front footage of
3
any part of an unimproved portion or portions of a block or (b) the
properties to be assessed for the installation of the improvements
requested by such petition as weighted iu accordauce with the
maximum allowable assessments as established for assessment
balloting procedures under Article XIIID of the California
Constitution has been filed with the city clerk requesting the installation
of such improvements in front of said part, or whenever the legislative
body of the city upon its own motion orders the installation of such
improvements in front of said part, shall have the duty of constructing or
causing the construction of sidewalks or curbs in front of their properties
upon notice so to do by the superintendent of streets."
SECTION 8: Section 5876 of the Streets and Highways Code is hereby amended
to read as follows:
"When the superintendent of streets finds that sidewalks or curbs have
been constructed, or that their construction has been guaranteed to his
satisfaction, in front of properties constituting more than fifty percent
(50%) of the frontage in any block, or where a petition signed by the
owners of more than sixty percent (60%) of the front footage of the block
has been filed with the city clerk requesting the installation of such
improvements, or where a petition signed by the owners of more than
sixty percent (60%) of (a) the front footage of any part of an unimproved
portion or portions of a block or (b) the properties to be assessed for the
installation of the improvements requested by such petition as
weighted in accordance with the maximum allowable assessments as
established for assessment balloting procedures under Article XIIID
of the California Constitution has been filed with the city clerk
requesting the installation of such improvements in front of said part, or
whenever the legislative body of the city upon its own motion has ordered
the installation of such improvements III front of said part, said
superintendent of streets may, and upon the instructions of the legislative
body of the city shall, notify the owner or person in possession of the
property fronting on that portion of the street in such block in which no
sidewalks or curbs have been constructed theretofore, to construct or cause
to be constructed sidewalks or curbs in front of his property."
SECTION 9: Section 1500 of the Elections Code is hereby amended to read as
follows:
"The established mailed ballot election dates are as follows:
(a) The first Tuesday after the first Monday in May of each year.
(b) The first Tuesday after the first Monday in June of each even
numbered year.
(c) The last Tuesday in August of each year.
"? ,-,n
4 { , cfc.r
(d) Any such Tuesday as may be selected by the legislative body for an
election or assessment ballot proceeding required or authorized by
Article XIIIC or XIIID of the California Constitution,"
SECTION 7: This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by Approved as to form by
l~9- ~\ '~
Jack Griffin
Director of Genera] Services City Attorney
H:\SHAREDIENGINEERIBETH\ASST DIST ORD.DOC 1/14/20043:42 PM
5 q~'d-3
COUNCIL AGENDA STATEMENT
Item No.: /0
Meeting Date: 1/27/04
ITEM TITLE: Report; Review of proposed Southwest Area General Plan Alternatives to
be tested.
SUBMITTED BY: Director of Planning and Buildin~
REVIEWED BY: City ManagerC¡..o '" (4/Sths Vote: Yes- No X)
,f~ ,)
On January 14, 2004, the City Council held a joint meeting with the Planning Commission at
which staff presented a range of proposed General Plan land use alternatives to be tested.
Those alternatives were divided into three major planning subareas; Northwest, East/Otay
Ranch, and Southwest. Due to time constraints, the three proposed alternatives within the
Southwest Area were not addressed. As requested, staff is returning at the next regular
Council meeting to present the proposed Southwest Area alternatives to be tested.
RECOMMENDATION: That the City Council direct staff to proceed with testing of the
proposed alternatives.
BOARDS/COMMISSIONS RECOMMENDATION: Staff will be presenting the proposed
Southwest Area alternatives to the Planning Commission on January 21, 2004, and will
verbally inform the Council of their comments and recommendations on January 27.
DISCUSSION:
Pursuant to State law, General Plan updates are required to consider a range of alternatives for the
connnunity's future. This process allows significant community input as well as expert analysis
of different options in order to attain the desired vision. The process typically starts with a range
of ideas and concepts that are refined into fmal alternatives and ultimately, a preferred alternative.
The preferred alternative is presented as the proposed, updated General Plan.
The proposed Alternatives represent a broad range of ideas for the Southwest area. If
acceptable to the Planning Commission and City Council, will be tested in order to determine
potential outcomes and effects. This information will be used by staff, committees, the
community and decision makers to determine appropriate, final alternatives, and a preferred
General Plan Alternative.
FISCAL IMPACT: No fiscal impact at this time. Related work is already part of the
approved General Plan Update budget.
Attachments
1. Southwest Area Alternatives 1, 2 and 3.
10-1
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Sent:
To:
Cc:
Subject:
Tuesday, January 27, 2004 7:54 AM
Susan Bigelow
Donna Norris
FW: Contact Form
Importance: High
Message from website.
-----Original Message-----
From: thacerro@vahoo.com fmailto:thacerro@vahoo.coml
Sent: Monday, January 26, 2004 6: 16 AM
To: CitvClerk@ci.chula-vista.ca.us
Subject: Contact Form
The following information has been received:
email: CitvCierk@ci.chula-vista.ca.us
Department: City Clerk
Division:
First Name: Theresa
Last Name: Acerro
Email: thacerro@vahoo.com
Message: These are some general comments on the General Plan Update alternatives to be
tested. I was at the original meeting that never got to general comments and the Planning
Commission Meeting that was not a public hearing. Is there some way these comments can be
included in the public record? I am sorry I can not come on Tuesday, but I have another very
important meeting with Friends of OVRP at the same time. If I was not already on the agenda
there I would be at City council Meeting.
I would like to ask the city to consider testing another alternative for the General Plan update.
Staff created the existing three alternatives. Most of our planning staff do not live in Chula Vista.
While they have a professional interest in the city this is not the same as having to live with the
plan.
I live here, and I have attended the meetings where these options were discussed. I have
also seen the tabulated results. There are several striking themes throughout. People are
concerned that we already have traffic probiems, parking problems, over crowded-too large
schools, and a lack of parks on the western end of Chula Vista in particular, but also on the east
to a certain degree.
I am also concerned that our goal for fire and police is a response time of 7 minutes-that is not
being met. In 7 minutes you could be dead if a burglar was entering your house or a fire was
starting. San Diego has a goal of 4 minutes-that is not being met. Shouldn't the new General Plan
upgrade our fire and police services?
Why can't the city test an alternative where the city is surrounded by a Greenbelt that is NOT
encroached upon or degraded by development? An alternative with less density and a vision of
Chula Vista as a retreat for the million people projected to be living in this region by 2030-a vision
that capitalizes upon the uniqueness of Chula Vista.
Chula Vista has a National Wildlife Refuge to the South and the North on its western end. An
extensive area of parkland from one to the other and a peaceful serene bay with kayaks and
small sailboats would be a welcome relief for residents and outsiders from the hassles of
urbanized living, as well as a magnet for ecotourism. On the South we have the possibility of .
actually caring about establishing a worthwhile park (the Otay Valley Regional Park). We need a
vision of supporting and protecting this park so that it will offer an escape from urbanization. This
is not now happening. On the east we need to carefully cherish our mountains and stop invading
their foothills, as well as to preserve intact every developable acre for a future university. On the
north the Sweetwater River needs to be returned to a more natural state. None of these issues
are adequately represented in the current alternatives being tested. The vision is now not one of
serenity and quality of life but unsustainable urbanization. We need to learn from the mistakes
made by San Diego. We already have a copy of Orange County sprawl to the east. Let's stop
copying and start being creative.
We need an alternative that calls for addressing the traffic, park, school and infrastructure needs
of current residents before any more housing is built while increasing the number of businesses
providing living wage jobs. We also need a requirement that the majority of tax increments
generated from Redevelopment be directed to meeting infrastructure needs and a yearly report
be given to the public as to how exactly these funds are being spent. Large areas of both the
Southwest and the Northwest have been put in redevelopment districts. The public has the right
to know and be given a voice in what goes on in these areas and how the money is being spent.
Theresa Acerro
2730 Festival Court, 91911
425-5771
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January 9, 2004
TO: The Mayor and City ~il
VIA: David D. Rowlands, Jr., ity Manager
FROM: Michael T. Meacham, Director, Conservation & Environmental Services
SUBJECT: Support for Reappointment of Steve Jones to the California Integrated Waste Management Board
Govemor Wilson appointed Mr. Jones to his first tenn on the California Integrated Waste Management Board as
the State Industry Representative. Governor Davis reappointed him and his tenn ended December 31,2003. He
will continue to serve for 60 days or until Governor Schwarzenegger reappoints him, allows the seat to go vacant or
nominates someone else for appointment. The purpose of this memo is to reconunend that the Mayor and City
Council endorse Mr. Jones for reappointment to the California Integrated Waste Management Board.
Pacific Waste Services and the State Haulers Association support Mr. Jones' appointment. The industry and other
involved parties reported that they are not aware of any other names being considered or even floated for reaction
by the Governor. Historically, Governors have relied on the industry reconunendation for this appointment. I
would not recommend Mr. Jones iff thought there was a candidate that understood the City or the region's issues
better or iff had infonnation about a potential alternate candidate that deserved additional consideration.
Mr. Jones has an excellent knowledge of the field and is looked up to by many of the committee members,
particularly on technical issues. In a group that has a lot of turn over, he represents consistency and a fair and
equitable hearing of each issue as it arises. My opinion is that his personal bias has tended to lean towards a focus
on the need to connect recycling goals and mandates to market development, job creation and fiscal responsibility.
While he values the environmental goals of the Integrated Solid Waste Management Act, he routinely supports a
commitment to fiscal responsibility first. He has also stated a strong support for enforcement, although that has
been applied to industry and program managers who do not respond to incentives and education. He has not
supported fines for local jurisdictions except in one or two instances where the local jurisdiction has not made any
attempt to show a "good faith effort," after repeated wamings by State staff. He has also stated a preference for
demonstrated program quality and enforcement by cities ovcr the flawed formula that could be used under state
statute to penalize cities for failure to mect the 50% landfill diversion goals.
As a board member ofthe past eight years, Mr. Jones has been one ofthe votes cast to approve Chula Vista's
annual diversion report, request for time extension and request for a new base year adjustment, all of which have
helped Chula Vista meet the intent and spirit of the law. He has also held up Chula Vista programs as a model for
the state staff and other cities. Mr. Jones has also voted to approve several million dollars in household hazardous
waste, used oil, opportunity and compo sting grants, and he has supported the City's designation and funding as a
Recycling Market Development Zone.
While I believe there is significant upside to supporting Mr. Jones based on the merit of his service and potential for
his assistance as an ally to the City, I do not believe there is much, if any, downside. At worst, the Governor may
eliminate the Waste Board entirely and move the function to the Department of Conservation as part of a budget
consolidation move. Should he choose to do that, I think he will want all his appointments on the board filled to
support that task, and Mr. Jones could be an ally for the Governor and us in that process. Alternatively, the position
may go vacant. I strongly encourage the Mayor and Council to endorse his reappointment. Please feel free to
contact me at 409-5870 (desk) 247-02735 (mobile) if you have any questions.
¡J/f -;
CITY OF CHULA VISTA
MA YORJCOUNCIL
Memo
To: Lorraine Bennett, Deputy City Clerk
From: Anne L Han:ison, Constituent Services Manager
Date: 1/13/2004
Re: Appointment to Safety Commission
Mayor Stephen Padilla would like to appoint Angel Rosario to the Safety Commission. 'This is to
fill the vacant position of Bob ~cAllister, which is unril June 30, 2005 Please place this on the
City Council agenda of January, 2004 for ratification. If you have any questions, please contact
me at x5812, 1bank you for your assistance.
~L.rJ(~
Anne L Han:ison
Constituent Services Manager
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CITY OF CHULA VISTA
MAYOR/COUNCIL
Memo
To: Lomrine Bennett, Deputy City Oerk
From: Anne L. Hamson, Constituent Services Manager
Date: 1/16/2004
Re: Appointment to Youth Commission
Mayor Stephen Padilla would like to appoint Min-Jeong Go to the Youth Commission. She is
currendya senior at Eastlake High School and wmùd not be able to serve after June, 2004. Please
place this on the City Council agenda of January 27, 2004 for ratification. If you have any
questions, please contact me at x5812. Thank you for your assistance.
~ ~. ff~
Anne L. Hamson
Constituent Services Manager
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