HomeMy WebLinkAboutAgenda Packet 1998/05/19
;'1 declare under penalty of perjury that 1 am
employed by the City of Ci,u!a Vista in the
Office of the City ClerK and that I posted
this Agenda/Notice on the Bulletin Board at.
Tuesday, May 19, 1998 the Public rvices Building and at City Hall on Council Chambers
6:00 p.m. DATED, /~ JrSIGNED 64 v/~., Public Services Building
Reoular Meetino of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: April 28,1998 and May 5, 1998.
4. SPECIAL ORDERS OF THE DAY:
A. Introduction of Miss Chula Vista 1998, Sonya Godwin. Miss Chula Vista will be formally
introduced by Joe Amaro.
B. Proclaiming Saturday, May 16, 1998 as "CPR DAY," Mayor Horton will present the
proclamation to Chula Vista Fire Chief Jim Hardiman and Battalion Chief Tom Layman; and
certificates will be presented to individuals who participated in saving Oliver Yambao's life when
he suffered cardiac arrest at the Eastlake Lagoon 00 March I, 1998.
C. Proclaiming the week of May 17 through May 23, 1998 as "Emergency Medical Services
Week." Mayor Horton will present the proclamation to Chula Vista Fire Chief Jim Hardiman and
Battalion Chief Tom Layman.
D. Proclaiming May 17 through May 23, 1998 as "Second-Hand Sock Week." Mayor Horton
will present the proclamation to a representative from the Chula Vista Kiwanis Club.
E. Proclaiming the week of May 17 through May 23, 1998 as "Public Works Week," Mayor
Horton will present the proclamation to John Lippitt, Director of Public Works.
F. Presentation of proclamation commending Jess Valenzuela, Director of Parks, Recreation
and Open Space, Mayor Horton will present the proclamation to Mr. Valenzuela.
CONSENT CALENDAR
(Items 5 through 1/)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" availnble in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 5/5/98, that there were no reportable actions which are
required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
B. Letter from Juan and Dawn Quintero asking the City to do a land survey and amend the
assessor's map to not show their property as open space, It is recommended that this item be
referred to staff.
C. Letters of resignation from the Youth Commission - Elizabeth Cox and Jim Perondi. It is
recommended that the resignations be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
Agenda -2- May 19, 1998
6. RESOLUTION 18993 APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR CITY
OF CHULA VISTA POLICE AND FIRE SERVICES ON SAN DIEGO UNIFIED PORT DISTRICT
PROPERTY. AND AUTHORIZING MAYOR TO EXECUTE SAME - The City's 1994 agreement with
the Port District to provide Police and Fire Protection Services to Port property expired on June 30, 1997.
In the Spring of 1997. the City proposed an extension of the agreement as well as an update to some of
the cost-related data used to calculate the reimbursement amount. Since that time, the Port District has
evaluated the City's proposal and requested some clarification of cost calculation methodology. The First
Amendment to the agreement reflects mutual agreement on cost calculation methodology and extends the
term of the agreement until June 30, 2000. Staff recommends approval of the resolution. (Fire Chief and
Chief of Police)
7. RESOLUTION 18994 APPROVING AGREEMENT WITH THE ACCOUNTING FIRM OF
CALDERON, JAHAM & OSBORN (00) TO PROVIDE AUDITING SERVICES AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Section 1017 of the Charter
requires an annual independent audit of the City. The current three-year agreement with Moreland &
Associates terminated with completioo of the June 30, 1997 audit report. A Request for Proposals to
provide auditing services for the City, Redevelopment Agency, and Bayfront Conservancy Trust was sent
to 20 auditing firms. Six proposals were received and evaluated by a Selection Committee appointed by
the City Manager composed of the Director of Finance, the Senior Accountant, and the Principal Revenue
Analyst. Staff recommends approval of the resolution. (Director of Finance)
8. RESOLUTION 18995 APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AGREEMENTS FOR FISCAL YEAR 1998/99 WITH VARIOUS COMMUNITY GROUPS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS - On May 5, 1998, Council
approved CDBG funds in the amount of $310,261 for thirteen puhlic service programs; $333,335 for
eleven community development programs; $61,744 for capital improvement projects for two non-profit
organizations; $ t,OOI ,068 for four City capital improvement projects; and $440,400 for administration and
planning/coordination activities. The U.S. Department of Housing and Urban Development requires a
written agreement between the City and each subrecipient of CDBG and HOME funds. Staff recommends
approval of the resolution. (Director of Community Development)
9. RESOLUTION 18996 AWARDING A CONTRACT TO ROBERTS ENGINEERING
CONTRACTORS FOR REPAIR OF THE FAILED STORM DRAIN AT MALTA AVENUE AND
APPROPRIATING FUNDS THEREFOR TO COVER THIS CONTRACT AND PREVIOUS
EMERGENCY WORK - On Febmary 8, 1998 the El Nino rains caused a sink hole to open up at 1655
Malta Avenue. Under the authority given the City Manager to authorize emergency work, we contracted
for immediate assistance to make the area safe. However, after investigating the entire storm drain, it
became apparent that a much longer portion of the storm drain needed to be lined. Staff prepared
specifications and requested bids from three contractors for the work. The contract has now been
negotiated and is ready to be approved. It is recommended that Council award a contract for emergency
work for the slip lining of the Malta Avenue/Myra Court Storm Drain System to Roberts Engineering
Contractors in the amount of$127,200 and appropriating $171,000 from the unappropriated balance of the
Trunk Sewer Capital Reserve Fund as a loan to the Storm Drain Revenue Fund. Staff recommends
approval of the resolution. (Director of Public Works) 4/5th's vote required.
10. REPORT FORMATION OF THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA (SPA)
PLAN CITIZENS REVIEW GROUP - Trimark Pacific - San Miguel LLC, has submitted applications
for the processing of a Sectional Planning Area (SPA) Plan and associated Subsequent Environmental
Impact Report for the San Miguel Ranch project. A condition of approval for the previously adopted
General Development Plan requires the formation of a citizens committee to provide input into the SPA
planning process for the project. Staff recommends approval of the resolution. (Director of Planning)
Continued from the meeting of 4/28/98,
RESOLUTION 18977 ESTABLISHING A CITIZENS REVIEW GROUP FOR THE SAN MIGUEL
RANCH SECTIONAL PLANNING AREA PLAN
Agenda -3- May 19, 1998
11. REPORT DENYING THE REQUEST FOR AN ALL-WAY STOP AT THE INTERSECTION OF
CREST DRIVE AND DOUGLAS STREET - Based on the provisions of the Safety Commission Policy,
adopted by resolution on March 14, 1995, whenever the Safety Commission and the City Engineer differ
on the implementation of a traffic related issue, both parties have the right to appeal the matter to Council
for final resolution. This report, denying the request for an all-way stop at the intersection of Crest Drive
and Douglas Street, is being appealed by the Safety Commission because the City Engineer has declined
to implement the traffic control measure. Staff recommends Council accept the report and that there be
increased Police enforcement by the Patrol Units as well as the Traffic Bureau Units. (Director of Public
Works)
* * * END OF CONSENT CALENDAR * * *
ADIOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State lnw, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" availnble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by lnw. If you wish to
speak to any item, please fill out the "Request to Speak Form" availnble in the lobby and submit it to the City
Clerk prior to the meeting.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City CouncillVill consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form availnble in the lobby and submit it to the City Clerk prior to the meeting.
12. RESOLUTION 18997 APPROVING AN AMENDMENT TO THE ADVANCED LIFE SUPPORT
(PARAMEDIC) SERVICE CONTRACT WITH AMERICAN MEDICAL RESPONSE IN
ACCORDANCE WITH THE TERMS SET FORTH IN THE STAFF REPORT, DIRECTING THE
CITY ATTORNEY TO PREPARE THE AMENDMENT IN ACCORDANCE WITH SAID TERMS,
AND DIRECTING STAFF TO FURTHER EVALUATE THE ADVANCED LIFE SUPPORT
SYSTEM IN THE CHULA VISTA EXCLUSIVE OPERATING AREA - Pursuant to Council action
in November of 1996, an amendment was made to the agreement with Hartson Medical Services (recently
purchased by American Medical Response) whicb, among other things, adjusted the contract period to end
on October 31, 1998, and directed staff to pursue an RFP/competitive bid process for the provision of
Advanced Life Support (ALS) services beyond October 31, 1998. This was done to give City staff time
to evaluate the impact of the City of San Diego's recent actions regarding changes to their ALS system.
Staff has taken the appropriate action to implement this direction. Staff recommends approval of the
resolution. (Fire Chief)
Agenda -4- May 19, 1998
B.A. RESOLUTION 18998 APPROVING GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT WITH PACIFIC BAY PROPERTIES RELATING TO THOROUGHFARE
MEDIANS, LANDSCAPED AREAS, AND PARKWAYS WITHIN TRACT 90-02, SALT CREEK
RANCH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On June 17,
1997, Council approved the first Supplemental Subdivision Improvement Agreement for Tract 90-02, Salt
Creek Ranch, in which the City and Pacific Bay Properties agreed to meet and confer in good faith in order
to determine whether any mutually acceptable means was available to fund and to guarantee the
maintenance of thoroughfare medians and parkways associated with the Salt Creek Ranch project. On
September 23, 1997, Council approved the second Supplemental Subdivision Improvement Agreement for
Salt Creek Ranch, in which Pacific Bay Properties agreed to negotiate in good faith with the City and the
State Department of Fish and Game to enter into agreement(s) in order to implement a storm drain runoff
detention basin maintenance plan for the detention facility located at Hunte Parkway and Proctor Valley
Road. Staff recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 18999 APPROVING GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT WITH PACIFIC BAY PROPERTIES RELATING TO THOROUGHFARE
MEDIANS, LANDSCAPED AREAS, AND PARKWAYS WITHIN HUNTE PARKWAY BETWEEN
OTAY LAKES ROAD AND THE SOUTHERLY BOUNDARY OF TRACT 90-02, SALT CREEK
RANCH, AND WITHIN PROCTOR V ALLEY ROAD BETWEEN MOUNT MIGUEL ROAD AND
THE WESTERLY BOUNDARY OF SALT CREEK RANCH AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
C. RESOLUTION 19000 APPROVING DETENTION BASIN MAINTENANCE AGREEMENT WITH
PACIFIC BAY PROPERTIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
D. RESOLUTION 19001 AUTHORIZING CITY STAFF TO PREPARE AN ORDINANCE
AMENDING SECTION 12,32,190 OF THE MUNICIPAL CODE TO PROVIDE FOR CITY
ENFORCEMENT OF AGREEMENTS PERTAINING TO MAINTENANCE WITHIN PUBLIC
RIGHTS-OF-WAY
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
14. CITY MANAGER'S REPORT(S)
A. Scheduling of meetings.
15. MA YOR'S REPORTCS)
A. Ratification of appointment to the Town Centre Pr"ject Area Committee - James D. Fergus (to
fill vacancy created by Commissioner Blakely, whose term expires June 30, 1998); and David
Ruch (to fill vacancy created by Commissioner Mason, whose term expires June 30, 1998).
16. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on May 26, 1998
at 6:00 p.m. in the City Council Chambers.
A joint meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
meeting.
". declare tinder penalty of perjury that I am
employad by the City of Chura Vista in the
Tuesday, May 19, 1998 Office of the City CierI, and that I pos'ced Council Chambers
5:30 p.m. thia Agenda/Notice on the Bulletin Board at Public Services Building
the Public ~~8 Building and at City Hall on
DATED. r- -: r SIGNED ~ o/,L- ...
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are permitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by lnw to return to open session, issue any reports of JiJ1gJ action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated
at this point in order to save costs so that the Council's return from closed session, reports of JiJ1gJ action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be availnble in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
8 Wolfe v. City of Chula Vista.
8 Griffin v. City of Chula Vista.
8 Chula Vista Police Officers Association v. City of Chula Vista.
8 In the Matter of the Application of San Diego Gas & Electric Company (U 902-E) for
Authority to Sell Electrical Generation Facilities and
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957,6
8 Agency negotiator: David Rowlands or designee for CVEA, WCE, POA, lAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Ofticers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
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CllY Of
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: May 8, 1998
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney9Jl ¿
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 5/5/98
The City Council met in Closed Session on 5/5/98 to discuss Chula
vista Police Officers Association v. City of Chula vista.
The Redevelopment Agency met in Closed Session on 5/5/98 to discuss
Conference with Real Property Negotiator: 760 Broadway (Parcel
Nos. 571-200-13, 14, 15, 16 and 17).
The city Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
c: \It\,1055e55.''0
5/7-/
276 FOURTH AVENUE, CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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May 14, 1998
TO: ~e "=~ble ~yor aM ci~ C~ci1 ~
FROM: David D. Rowlands, Jr., City Manager~~ ~
SUBJECT: City Council Meeting of May 19, 1998
This will transmit the agenda and related materials for the regular
" City Council meeting of Tuesday, May 19, 1998. Comments regarding
the Written Communications are as follows:
5a, This is a letter from the city Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 5/5/98, there were no actions taken which
are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This is a letter from Juan and Dawn Quintero of 426 Camino
Elevado requesting the city to perform a land survey and amend
the assessor's map, taking into account the actual grading
dimensions of the lots as filed with the city. The Quintero's
have been advised of the process for obtaining a boundary
adjustment. The Quinteros state that they believe an error
was made in the original assessor's map (tract map). This
type of situation frequently occurs on new subdivisions after
the grading is completed. This was one of the earlier
subdivisions where we had open space and this situation was
never resolved. Under current procedures, if this type of
situation is caught before the project is finalled, the
developer is required to process an adjustment plat adjusting
the lot lines to conform with the required grading. Several
previous changes of a similar nature within this subdivision
were processed in the mid to late 1970's. The city Council
adopted Council Policy 460-02, the Grading Deviation Policy,
which provides "the procedures and criteria to be used to
identify and to sell city dedicated open space property for
the specific purpose of correcting grading deviations made at
the time of subdivision development." IT IS RECOMMENDED THAT
THIS ITEM BE REFERRED TO STAFF.
5c. IT IS RECOMMENDED THAT THE RESIGNATIONS OF ELIZABETH COX AND
JIM PERONDI FROM THE YOUTH COMMISSION BE ACCEPTED WITH REGRET
AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING
TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
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ë3ë3 April 30, 1998
Dear Mayor Horton and City Council Members,
We would like to make you aware of a problem which concerns us greatly. In
December, while talking with Larry Smith about the possibilities of obtaining an
encroachment permit, we discovered that our property, as described in the assessor's
map, is not what we had always thought it to be. According to the assessor's map
measurements, our property line ends in such a manner that virtually our entire
backyard is in open space. That being the case, our neighbors on one side have a
swimming pool and fenced yard in open space. Similarly, our other neighbors' fenced-
in yard is in open space. There are others in the same situation. This is the main
reason we believe the city should perform a land survey and amend the assessor's
map, taking in account the actual grading dimensions of the lots as filed with the city,
We have communicated with the City Engineering Department, in person, by phone and
in writing about this problem. We have asked for a speedy resolution. We have been
informed that we will have to invest in a land survey and legal counsel to pursue a
solution to this matter. We are not guaranteed that our request for a lot line
adjustment will be honored. The city advised us to take up the matter with our title
company, We subsequently sought assistance from our title insurance company. They
dearly are not responsible for lot line disputes.
The bottom line is we feel that an error was made in the original assessor's map,
through no fault of our own. (We purchased this house in December of 1990.) The
grading map shows a much larger backyard, more closely aligned with the actual
grading of our lot. The same is true for our neighbors. We want a fair solution to this
problem without having to spend thousands of dollars.
We are sending to you copies of all pertinent correspondence, minutes of the city's
meetings and maps. City minutes state lot sizes are to be a minimum of 10,000 square
feet. Other city minutes indicate the minimum lot size to be 7,500 square feet. As you
can see in the photographs, we are currently using and maintaining that which the
assessor's map identifies as open space. You may also contact Frank Rivera, at the City
Engineering Department, with whom we have been communicating about this situation,
We look forward to hearing from you soon.
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Juan M. Quinte~o WRIttEN COMMlJJ:ICA .IONS þ,
. Dawn MS.~,.... . -'.. %,Ý' ~ ~ f'"
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CllY Of
CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION February 25, 1998
File No. 06oo-70-EROOI
Juan and Dawn Quintero
426 Camino Elevado
Bonita, California 91902-2502
REQUEST FOR LOT LINE ADJUSTMENT
This is in response to your letter of February 2,1998 in which you requested that YOl~r rear lot line be
adjusted approximateïy 2400 to 2500 squatcfeet into the City open space lot for the cOIisiructiol1úf a
retaining wall to prevent erosion. Section 17.08.030 of the City ofChula Vista Municipal Code allows
retaining walls not exceeding eighteen inches in height to encroach less than a total of 500 square feet
into open space areas. Said encroachment requires the issuance of an encroachment pennit from the
Director of Parks and Recreation. An encroáchment pennit does not legally change the dimensions of
your lot.
In order to accommodate your request for a lot line adjustment of approximately 2400 to 2500 square
feet, the following would be required:
1. An appraisal of the open space land by an appraiser approved by the City. The property's
appraised value would be subject to the review and preliminary approval of the Director of Parks
and Recreation and/or the City Engineer and you would be required to pay all costs associated
with said appraisal. City Council approval is required to approve the sale of City property.
2. Processing of a lot line adjustment, which may require that you retain a civil engineer or land
surveyor.
3. Payment of all City staff costs associated with processing your request, including, but not limited
to, review of appraisal reports, preparation of a report to the City Council, and processing of
Ii ¡"t line adjustment.
Please be aware that City Council approval is not certain, even if you do all of the above.
If you should have any questions, please contact Frank Rivera, Civil Engineer, at 691-5266.
~
DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER
FXRIKP Alkpa
[II: \II OMElEN GINEER lLAND D EVlQ UlNTERO. L TR] 5}J-/A
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5021
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CllY OF
CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS March 30, 1998
ENGINEERING DIVISION
File No. 0600-70-EROO1
Juan and Dawn Quintero
426 Camino Elevado
Bonita, California 91902-2502
LOT LINE ADJUSTMENT AT 426 CAMINO ELEVADO
This is in response to your phone request to provide a lêtter explaining the concern you have over t,1-¡e
difference in lot size between what you believe you own versus the actual dimensions of your lot
recorded per the subdivision map (Map #8044 Bonita Ridge Estates Unit #1). As you have mentioned
to Frank Rivera, Civil Engineer for the City, your seller and your real estate agent did not disclose to
you that lot grading does not match your recorded lot dimensions. This disclosure responsibility should
have been part of the "Due diligence" work of the real estate agent who handled the purchase of your
property should have completed. Resolution of this civil matter is between you, your seller, your real
estate agent, and/or the title company. Any comments or promises made between the developer and the
residents is a matter of which the City is not a party to. Therefore, if you would like to pursue the
matter further on your request to do a lot line adjustment, the conditions enumerated in the letter from
the City dated February 25, 1998, must be complied with.
Please be aware that the intent of the letter previously mailed to you regarding your request for a lot line
adjustment was to make you aware that although the Engineering Department may support your request
for the lot line adjustment based on the conditions mentioned in that letter, the Engineering Department
cannot guarantee that the City Council will approve your request.
If you should have any questions, please contact Frank Rivera, Civil Engineer, at 691-5266.
CL ORD L. SWANSON
DE UTY PUBLIC WORKS DIRECTOR/CITY ENGINEER
[H: IHOMEIEN GINEER lLAND D EVIQNTR02. L TR] Sß-/3
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021
Juan and Dawn Quintero
426 Camino Elevado
Bonita, CA 91902-2502
(619) 482-8516
March 16, 1998
To Steve Tomiyama
Founders Title Company:
We have discovered a discrepancy in the assessor's map measurements, the grading plans
for Bonita Ridge Estates Unit 1 and our lot as we know it. We have contacted the Chula
Vista Department of Public Works Engineer, Frank Rivera. (See attached letter.) Mr.
Rivera suggested that we contact the company that provided our title insurance to assist
us in solving our dilemma. We request your assistance and would appreciate your
attention in this matter.
Pertinent infonnation follows:
File No.: 115627-111
Policy No. CY 50558
Date of Poi Icy: November 21,1990 at 8:00AM
Name of insured: Juan Manuel Quintero and Dawn M S. Quintero
Bonita Ridge Estates Unit I
Lot 53
Map 8044
Enclosures: Grading Map (TO BE RETURNED TO US)
Letter to Chula Vista Engineer
Response from City ofChula Vista
Map 8044
Sincerely,
Juan M. Quintero
Dawn MS. Quintero
523-/1
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1111* '" * 514 VIA DE LA VALLE. sum 102 . SOLANA BEACH. CA 92075-2717
March 26,1998
Juan and Dawn Quintero
426 Camino Elevado
Bonita, CA 91902-2502
Re: Our Reference: 115627-11
Your Reference Camino Elevado
Dear Mr. and Ms. Quintero
Your letter to Steve Tomiyama, dated March 16, 1998, submitting a claim under the above
referenced title policy was received at this office on March 26, 1998. This matter has been referred
to Mr. Robert Davis, Regional Counsel, whose address and telephone number is:
Robert Davis, Esq.
Regional Counsel
Old Republic TItle Company
Legal Department
201 East Sandpointe, Suite 700
Santa Ana, CA 92707
Tel. No. 714-979-1133
If you have not received a response from Mr. Davis or a member of his staff within fifteen days,
please feel free to contact him.
Cc: Steve Tomiyama
5[3-/5
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April 13, 1998
Juan and Dawn Quintero
426 Camino Elevado
Bonita, California 91902-2502
,Re: Notice of Claim
Policy No. CY 50558
Our File No. 98-198
Dear Mr. and Mrs. Quintero:
This acknowledges receipt of your recent letter
addressed to Old Republic Title Company's San Diego office
tendering a claim upon the referenced policy of title insurance
issued to you on November 21, 1990. The policy issued to you was
underwritten by Old Republic National Title Insurance Company,
formerly known as Title Insurance Company of Minnesota. Old
Republic Title Company is the authorized claims representative
for Old Republic National within the State of California and this
matter has been referred to my office.
In reviewing your letter to Old Republic, a copy of
your letter sent to Mr. Cliff Swanson in the City Engineer's
office and the Bonita Ridge Estates Unit No. 1 grading plan (the
original of which is returned to you with this letter), it is my
understanding that portions of the improvements which benefit
your property, including a balcony and patio area, extend into
adjacent land dedicated by the developer as open space.
Apparently, at the time of the development and sale of your lot
and some adjacent lots, the original developer promised that a
lot line adjustment would be undertaken to extend the lots.
Apparently, this action was never undertaken by the developer,
who constructed improvements in a manner causing the
encroachments you have described. You now wish to resolve this
matter by requesting that the City approve a lot line adjustment,
and the City has suggested your contacting Old Republic for
assistance.
While your letter is not specific as to what actions
you wish Old Republic to take, I gather that the City Engineer
has suggested to you that the title company may be responsible
for obtaining the lot line adjustment on your behalf.
Unfortunately, Mr. Rivera is incorrect. The policy issued to you
is a CLTA Standard Coverage - 1988. Contained within the
exceptions to coverage found within Part I of Schedule B is the
following relevant language:
58 ~J!r
Juan and Dawn Quintero
April 13, 1998
Page Two
This policy does not insure against loss or
damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
4. Discrepancies, conflicts in boundary
lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose and which
, are not shown by the public records.
My review of the public records does not disclose that
documents reflecting a lot line adjustment have been recorded
within the public records. The legal description, as insured by
the policy, is correct. Thus old Republic has no responsibility
for obtaining a lot line adjustment on your behalf, and must
therefore respectfully decline your claim.
Pursuant to recent regulations promulgated by the
Department of Insurance you are entitled, should you believe that
the denial of the claim you have submitted is wrongful, to submit
the matter for review to the Department of Insurance at the
following address:
State of California
Department of Insurance
Claims Service Bureau
3450 Wilshire Boulevard
Los Angeles, California 90010
Telephone No. (800) 927-4357
Should you have additional information which you would
like me to consider, or should you wish to discuss this matter,
please do not hesitate to contact me at your convenience.
Sincerely,
=;:;:s ~
Robert S. Davis
vice President
Regional Counsel
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March 14, 1974
To: Bill Magill
From: Ken Lee ¡;,
Subject: Bonita Ridge Estates, Unit 1 (formerly Ranchito Robinhood) Grading Plan
The Planning Department has reviewed the subject grading plan and offers the
following comments. These items were discussed with Dick Cruzen of George
S. Nolte and Associates on March 13, 1974 at a meeting attended by Al Manese.
1. The significaQt changes in elevations of streets and pads over those elevations
shown on the approved tentative map are unjustified. Cruzen stated on March 13
that "errors" had been made in computing earth work volume and balance for the
tentative map and that the finished grade elevations had to be raised to create
a proper balance. The Planning Department's position is that the grading plan
should be reworked to conform more closely with the tentative map and that
excess dirt be disposed of offsite.
2., On sheet 3, northern boundary, the slope ratio has been changed from 2:1 to
l~:l. This should be corrected and the grading coordinated with the slopes in
Bonita Ridge Estates Unit 2 to the north.
3. The subdivision boundaries at lots 18 and 19 should be adjusted to include
these lots in Unit 1.
4. Lot lines are to be placed at the tops of slopes wherever feasible, as
shown on the tentative map and as required by condition 12 of the tentative map
approval.
5. The fence line for lots 1-11 is to follow the finished grade contours, rather
than a "straight line" as shown.
6. At the tops of all slopes a level unimproved walkway area (minimum 3' wide)
shall be provided for maintenance access.
7. The entrance street cross section is required to be only 44'; however, the
grading plan shows it to be 51'; the grading plan should be corrected accordingly.
8. The horse trails should be shown on the grading plan.
9. On the northern boundary of Unit 1 (lots 46 and 47), it will be necessary to
show offsite grading coordinated with Unit 2
10. If the entire site is graded at once, those parts not developed in the first
phase will need to be landscaped.
11. The developer should be preparing the base map and petition to form the
Open Space Maintenance District as soon as the grading plan is finalized.
12. In a previous discussion held between Ken Go1dkamp and myself the decision
was made to eliminate rounding of slopes adjacent to Otay Lakes Road on lots 1-11
since a 5' block wall would be located at the top of slope.
KGL:LMQ:hm Sß-¡;¿/
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RECEIVED
April 1, 1974 CITY OF CHULA \lIST A
PUBLIC WOFWS DEPT.
EJi4 APR - PM 3:33
TO: Al Manese ~
FIWt1: Lu Quinney
Subject: Corrections discussed April 1, 1974 on grading plan - Bonita Ridge
Estates Unit 1 (.~A"'CJoIITO et.o""""""b I
Sheet 2 -Eliminate 40'+ high bank by steepening slope
-Show drainage carried through slope on Dtay lakes Rd.
Sheet 3 -11' "Bench" - 8' horsetrail; 3' gunnite drainage.
Sheet 4 -111 bench
lot 72 - adjust lot line
Sheet 5 -lots 23 & 24 - adjust lot lines
-lot 22 - use 8' split front-back
-lot 27 - adjust lot line
Sheet 6 -Show drainage carried throught slope in Dtay Lakes Rd.
Sheet 7 -lot 29 - adjust top of slope and lot line
Sheet 8 -lot 37 - adjust lot line:
-Show underground parking at Otay Lakes Rd., with necessary off and
on ramp.
cc: Ken Lee
Dick Cruzen, Geo. S. Nolte & Assoc.
8333 Clairemont Mesa Blvd.
San Diego, CA 92105
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April 10, 1974
RECEiVED
To: A1 Manese(.; CITY OF CHUU, VISTj-
PU3Ue 'imr;;.;::; l}':P : .
From: Ken Lee /"- 1m :,;'R \ 0 Pr4 3: 2 I
Subject: Bonita Ridge Estates Unit 1 Grading Plans
The Planning Department has examined the grading plans for Bonita Ridge Estates
Unit 1 and offers the following comments:
1. The model floor plans were plotted on each lot to determine whether the
y~rd areas and setbacks were acceptable. Some of the dimensions were found
to be not acceptable. Specific comments are as follows:
2. Regrade lots as follows:
Lot Purpose
2 Expand side yard
12 Expand side yard
27 & 28 Provide usable rear yard by extending rear lot line
46 Create staggered front yard setback
52, 54 & 56 Create staggered front yard setbacks
59 Expand side yard
70 Use model 4R instead of 5R, or show how usable lot area
can be accomplished with 5R; expand rear yard.
71 Create .1arger rear yard area, as discussed at April 1 meeting
66-69 regrade to establish 20' level rear yard areas
Adjust lot lines as indicated on map.
On corner lots, ensure adequate sight distance, particularly on lots 3, 18
and 19.
Lots 11 and 12, side yards less than 10' to the south are acceptable since
the lots are adjacent to open space area.
3. The recommended front yard setback for each lot is shown on the grading plan.
As previously noted some of the lots will need to be regraded to show these
setback dimensions.
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14r. James F. Ashbaugh
George S. Holte & Associates
8333 Clairemont Mesa Blvd.
, San Diego, Ca. nlll
Subject: Bonita Ridge Estates Unit No.1
Jim:
We met with Dick Cruzon on April ll~i regarding the grading plan for Bonita
Ridge Estates Unit Ho. 1. Our comments and those of the Engineering
Division were discussed; we have son~ additional suggestions, which although
not directly tied to the grading plan, indirectly affect the grading of the
property by virtue of their importance in site planning,
1. Front yard setbacks. With the opportunity to plot the floor plans on
th~ finished lots, we were able to experiment with front yard setbacks
within the perspective of creating a varied and interesting street scene,
balanced by the need for an adequate rear yard usable area.
As we have discussed with Dick Cruzen, ten of the lots will need to be
regraded to accommodate what we feel is the best possible siting of
structures. The remaining lots can handle the recoømended setbacks without
regrading.
2. The underlying zoning, R-l-10, requires a standard 20' front yard
setback. The "P" Precise Plan" District, however, allows us to depart
from this standard on individual lots, with the objective of achieving
the standard as an average. Under the recommended list of setbacks we
are forwarding in the 'attached table, the average front yard setback fs
22.6'. More important ~~an the statistic, however, we feel the recommended
setbacks, which range from 12' to 60', will produce a street scene Mhfch
creates an" interesting and somewhat unexpected visual arrangement, and in
a few cases is recorrmended by sight-distance requirements on corner lots.
3. In the case of two lots--ll and 12--we feel the 10' sfdeyard need
not be observed since the lots are adjacent to open space areas, and the
product is a wider, more usable side yard.
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Mr. James Ashbaugh -2- April 12. 1974
4. In the case of the other 10ts--model lots 27 and 2B--the rear yard
areas proposed on the plan are not adequate to permit the residents to
take advantage of the unique outdoor views and relationship to the
natural open space; therefore. we are recOlllllending the lots be regraded
to create split level rear yards.
5. Lastly. on seven 10ts--33. 43. 56. 67. 68. 69 and 72--we are recom-
mending the use of 2 car garages only. since the side yard is most
important to retain for usable area in Hght of the minimal rear yard
areas provided on these lots.
, Some of the suggestions relate to the grading plan. some do not; thus.
the reason for a separate letter to let you know of our concerns before
you submit detailed house plans.
Thank you for your cooperation in refining the details of this project.
Sincerely.
Kenneth G. Lee
Current Planning Supervisor
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Enclosure
cc: Par Construction Co.
Director of Public WOrks
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Bonita Ridge Estates - Unit 1 r,r-
Recommended Front Yard Setbacks
.Eh Lot No. .Eh Lot No. .Eh
1 25 25 25 49 15
2* 25 26 22 50 25
3 25 51 22
4 .15 27 22 52* 30
5 22 28* 22 53 22
6 30 29 22 54* 25
7 25 30 2? 55* 30
8 25 31 15 56 22
9 20 32 25 57 22
10 22 33 .25 58 22
11 15 34 .25 59* 20
12* 25 35 15 60 12
13 25 36 22 61 30
14 20 3], 25 62 25
15 25 38: 15 63 25
16 20 39 Flag Lot 64 22
17 22 40 Flag Lot 65 22
18 25 41. 22 66 20
19 30 42 25 67 15
20 Flag Lot 43 20 68 15
21 25 44 22 69 22
22 60 45 22 70* 15 (Plan
23 25 46* 25 71* 15
24 22 47 25 72 20
48 15
*Lot needs to be regraded 5ß-.) ¿
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R~nchito Robinhood fCS-73-3
Staff Rcvie~J ¡;nd Comments for Meeting ~Jith Applicant on August 29, 1973
-
{I.. 'Site De.ign
1. Excellent use of topographic features.
2. Lots 1 through 5 are only significant problems:
a. Noise from Otay lakes Road
b. Slopes between lots and Otay Lakes Road will be difficult to maintain.
Suggestions:
a. Eliminate southern street "B"
.
b. Realign eastern street "C" from a cu1 de sac, to connect to Otay Lakes Rd
c. Make up for lost lots 1 through 5 by adjusting parcel sizes in devel-
opment. Most are in excess of 10,000 square feet minimum.
3. 'Lots 6 through 13. Noise buffer wall must be at top of slope on pad level
to effectively screen the residents.
Suggestions:
a. Place walls at pad level.
b. 'Install series of retaining wall type structures and heavy landscaping
"
close to Otay Lakes Road to muffle noise from vehicles. Similar example:
Saratoga Canyon Apartments.
4. Lots 62-64,65,72. Slopes adjacent to streets should be included in
Open Space District (propósed).
B;, Grading
1. All slopes 2:1 or flatter and contoured to existing slopes, especially
in area adjacent to Otay Lakes Road.
2. Property lines should be located at tops of slopes.
3. Slope rights areas marked in green
'58-27
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c. Circulation
1. With Engineering approval, consider narrower streets with no parking,
.
and one guest parking bay provided per unit, as per Hillside District.
Suggest 24',paVement width. Sidewalks on one side only. Make them
serpentine,
2. Realign streets, as stated in A 2 b above.
3. Align Street "A" ~/ith Sports World collector street,
,
D. House Design
1. Lots 1-5, if retained, 1 story only by deed restriction. Ref,:
.
EIR, page 11, and ERC letter of 8/15/73.
2. Use split level houses in selected areas to take advantage of slopes.
£. Open Space Distrlct
1. 'Should be coordinated in boundaries and maintenance with Starr property
to the north.
2. Landscaping and irrigation around periphery of houses, 60' wide
(amo~nts to 6100'). This area would be maintained at all times.
Remainder of Open Space would be left natural and cleared of dead wood,
etc.'periodically, as needed.
F. Parkland Fees
1. Under revised. ordinance, $250/unit will be required. This amounts
to $18,000 for 72 dwelling units.
2. Alternative: in conjunction with Starr property, locate and improve
public park. This property would have to dedicate 322 sq. ft./unit or
23,184 sq. ft~ of parkland.
G. Schools
1. Both districts require fees to assist them in providing schooling.
Rates are $300/unit for Sweetwater Union High School District and $240/unit
for Chula Vista City School District (letters required with Final Map),
EIR page 10 cites willingness of developer to pay fees, 515 -.;,%
,
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.
2. The General Plan shows a K-6 school 'schematically located in the
area, The pistrict will need to state inte~tions more precisely.
House Plans -" please submit
H. Check-List Discrepancies
1. Lots 38, 41, 45-59, 57, 58 and 64, substandard lot sizes. Readjust to
have 10,000 sq. ft. min, R-l-10-P zoning.
2. 9 lots, substandard street frontage. Readjust for 70' minimum, or
submit site plan for handling of driveways.
Note: Planning COnk'l1ission mal authorize \'¡aiver of these requirements
through variance procedures.
3. Slope rights with Starr (Municipal Engineers; Par Construction Co.)
4. Landscaping: blend natural and graded areas as feasible. Low
maintenance screen plants on slopes adjacent to Otay Lakes Road,
1. D;n;"" T~>;lc !J,t! "E" District could be formed (15 acres min.). Coordinate
..._...~ "-"-'
trails with Starr property and within Bonita Trails system.
Ref..: EIR, page 9, item K.
J. Environmental Impact Report -- now preliminary only -- anticipate EIR
will be approved in late October or early November. Final plans should
not be prepared until the final EIR is ~pproved by the Planning Commission.
Ref.: ERC letter. 8/15/73.
EIR due 8/22/73 for hearing on 9/26/73. Now the schedule is as follows:
, Submitted by September 5; Hearing on October 10; Tentative Map on October 24,
. K. Disposition of parcel between Ranchito Robinhood and Bonita Grande?
Developers coordinate to purchase property and include it in development
plan.
L, Fire protection per fire Department memo of August 22,1973, as well as on
site prptection during construction.
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City Pl anni ng Commi ss Ion -4- 12/12/73
8. The details of the turn-around area on Parcel 2, including length,
grade and safety, are subject to approval by the Zoning Administrator
and City Engineer prior to parcel map recordation.
9. All structures shall be set back a minimum of 15 feet from the driveway
easement, provided, however, that all garage doors facing the easement
shall be set back a minimum of 22 feet from the easement. .'
10. The northerly lot line of Parcel 2 shall be adjusted to include all of
the slope within Parcel 2 by placing the property line at the tope of the
slope, while maintaining a net lot area of 7,000 sq. ft. on Parcell.
11. Structures shall maintain a minimum 3 ft. setback from top of slope.
12. Deed restrictions prohibiting garage conversions and establishing
responsibility for maintaining the access easement shall be submitted
for Planning Department approval prior to recordation.
13. Site plan and architectural review shall be required for all lots,
structures and fencing prior to obtaining building permits.
14. The subdivider shall comply with the requirements of the General Plan
concerning adequacy of public facilities.
Findings are as follows:
a. The previously applied division of land in this area has created a lot
that can only be served by a driveway easement.
b. The lots that are proposed will be similar in size and configuration to
other lots in the area and zone.
c. Subject to the conditions stipulated in this resolution, no detrimental
effect would be created.
d. The residential density resulting from this variance is in conformance
with the General Plan.
5. PUBLIC HEARING (Cont.): Environmental Impact Report EIR-73-17 - Bonita
Ridge Estates
Environmental Review Coordinator Reid reported there were four items of major
concern aired at the previous public hearing: drainage, traffic, compatibility
of proposed development with adjoining property and the extent of grading pro-
posed by the development. He advised that with regard to traffic a detailed
analysis of the capacity of Acacia Avenue and the amount of trips to be
generated by this development has been conducted with the finding that this
development and the residual traffic will mean that Acacia will be at about 50%
of its eventual capacity with the existing improvements.
Also added to the report is a comparison of the lot sizes and densities of this
development with the adjoining properties, noting that although the net lot
5ß~3tJ
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City PI anni ng Commi s~ ,..In -5- 12/12/73
sizes could be increased merely be extending lot lines into the open space lot,
this would have no impact as far as the physical appearance of the site. He
pointed out that grading the property to produce half acre level pads would
greatly increase the amount of grading and the height and magnitude of slopes
in the project. .
Mr. Reid also pointed out there was a mistake in the original draft EIR ~ith
reference to the maximum height of slope; this should be 65 feet and has been
correctly noted in the revised EI~.
The staff recommends adoption of this Environmental Impact Report and a further
recommendation that the City and County initiate a study of the drainage problems
in this basin to arrive at a solution to the existing serious downstream problem.
Commissioner Whitten asked why no consideration is given to connecting the
access for this development to Palm Drive rather than Acacia.
Mr. Reid pointed out this would interfere with the natural drainage channel
in the area and would increase velocities of the drainage, thu~ cowpounding the
problems more than they already are. In response to a question'.h~rrioted there
are 44 dwelling units that have access via Acacia Avenue and 12 with access to
Palm Drive, the balance of the project would have access from Otåy Lakes Road.
Chairman Macevicz reopened the public hearing.
Donald Worley, 3003 Fourth Avenue, San Diego, attorney representing Par Construc-
tion Company, pointed out that the Environmental Impact Report is an informational
document, and consideration of this item is to determine whether this report is
complete and should not concern the merits of the development itself.
Bob Walton, 4030 Acacia Avenue, felt that two things were not covered in the
EIR: first, the interface with the existing development on Acacia which
utilizes larger individual lots than the proposed development; second, the
possible future development of Long Canyon and the combined effect of all such
development.
Mr. Reid advised that page 43 in the final EIR deals with a comparison of
densities, lot sizes, zoning, etc., as it relates to the compatibility of this
development with adjoining property, He suggested that Mr. Robens of the
Engineering Division discuss the drainage problems in the Long Canyon Basin.
Assistant Director of Public Works Robens advised that very thorough review
was given by the Engineering Division of all computations on drainage for the
Long Canyon Basin, with the finding that the additional runoff due to this
project is insignificant; it will never be noticed downstream. He noted the
developer will be required to install drainage improvements where necessary
to protect adjacent property.
Norman Raines, 4392 Acacia Avenue, expressed the opinion reported that the
development of lots smaller than one-half acre is objectionable to the citizens
of that area from the point of visual contact.
Mrs, Gail Burkey, 4807 Del Prado, discussed the course of runoff water in the
event of heavy storms, noting that their lot becomes virtually surrounded by
5ß~ .J /
City Planning Commisslon -6- 12/12/73
water running down Palm Drive, Del Prado and the drainage ditch parallel to
Bonita Road, which is at the back of their lot. She also spoke of damage to
a neighboring lot from mud and silt,
Sally Hooper, 4037 Acacia, expressed concern for the safety of the children
who walk to the school bus on Acacia Street since there are no sidewalks.
Billy Johnson, 3946 Acacia Avenue, reported he was required by the County to
place 30 tons of rock in the bottom of the drainage ditch where it crosses his
property prior to building on the lot. He asked who would be required to pay
the cost of further improvement of this channel if it is required.
As no one else wished to speak, the public hearing was closed.
Commissioner Whitten felt the report was deficient in that it did not show
the costs to the City related to this development, although it did show the
revenue.
Mr. Reid pointed out this information is contained in Appendix F of the report.
Commissioner Swanson felt that physical aspects and property values are given
more consideration than human values. He felt more attention should be given
in the report to retaining the present character of the area and protecting the
life style of the inhabitants.
CommiScsJø~",Whltteni:nQted,-,,-thatã:ÿà¡¡;i ä> concer;nsihave"been;expressed., buLhe felt
the report had furnished a great deal of information which can be used in making
a decision about the project.
MSC (Whitten-Wilson) The revised report, with testimony taken at this hearing,
be adopted as the City's Environmental Impact Report for the development project
known as Bonita Ridge Estates.
The motion carried by the following vote:
AYES: Member Whitten, Wilson, Chandler, Rice, Macevicz and Rudolph
NOES: Member Swanson
ABSENT: None
....
6. PUBLIC HEARING
Current Planning Supervisor Lee advised this is an action to prezone 76 acres
pending annexation to R-E-P and rezone 34 acres within the City from R-E to
R-E-P. This action would permit the developer to reduce lot sizes below 20,000
sq. ft., thus preserving more open space in a natural state. It does not permit
increasing the density of the entire parcel, He pointed out that lot lines could
be extended into natural open areas to create 3/4 acre lots, but this would not
create a better environment than the proposed plan. The present zoning would
5ß-:Jc:¿
-\
City Planning Commission -7- 12/12/73
technically permit 191 units on the property, whereas the developer's plan is
for 131 units,
Commissioner Wilson expressed the belief that creating half or three-quarter
acre lots would require flattening out the hills to a great extent, He felt
it is far more desirable to develop in the manner proposed to leave the hills
in a reasonable condition.
Commissioner Rice asked about the possibility of including the additional lots
in the annexation as suggested at the previous meeting.
Mr. Lee advised that the area in question consists of 11 parcels. One owner
recently split his property into 4 parcels to be served by an easement under
the County jurisdiction. He has indicated he is not interested in annexing
to the City.
Chairman Macevicz declared the public hearing reopened.
Donald Worley, attorney for the developer, reported that the sole reason for
seeking rezoning is to enable the developer to design a better project through
reduction of lot sizes and required grading, and the retention of as much space
as possible as natural open space. He also noted the attachment of the "P"
District gives the City greater flexibility in reviewing the plans than under
a standard subdivision map. He pointed out the densitycof the total project
will be less than every single development area in the immediate vicinity. This
plan meets the intent of the Hillside Ordinance, which is designed to reduce
grading, protect vegetation and natural open areas. He felt there would be no
visual pollution since the homes will be very expensive and will be attractive.
Bob Walton, 4030 Acacia Avenue, pointed out there are 1200 acres in the total
canyon area, and presently only 106 homes.
Shirley Smith, resident of Bonita Bel Aire, spoke of the quality of life in that
area which results from the half acre lots that provide ample separation between
units. She felt development of the area should follow the map adopted by the
Sweetwater Valley Planning and Prezoning Committee, which is the only study
conducted to date of the entire Sweetwater Valley area.
Dona 1 d Rudi sell, 255 Cami no del Cerro Grande, reported!. thàt: theaarea'.,iibutti ng
his lot is proposed for much greater density than one home per half acre, which
he was informed was the case when he purchased his home, Having open space in
another part of the development will not be of benefit to him.
Norman Raines, 4392 Acacia Avenue, pointed out they are not putting 131chomes
on 108 acres; they are putting the homes on a small number of acres. He recalled
that during the campaign to annex the Bonita Valley area to the City of Chula
Vista, the mayor had assured the residents he would do what he could to insure
that the character of Bonita would continue to exist. He felt the clustering
of homes is incompatible with the neighborhood.
As no one else wished to speak, the public hearing was closed.
Commissioner Rice expressed the opinion that many people haven't grasped what
. the developer andcCitTare trying to accomplish by retaining as JDuch as possible
58 - 3;5
City Planning Commission -8- 12/12/73
of the natural topography. He felt this is far more desirable than a cut and
fill operation required to create large level lots. He felt the proposed
method of development will provide an open space environment.
Commissioner Whitten asserted that the proposed open spac~ is actually
undevelopable property, but he did feel this is the most logical development
concept. .'
Commissioner Wilson asked about the side yard setbacks of the proposed lots
as compared with existing homes on Acacia.
Director of Planning Peterson reported that the smallest lot prohosed is 7,600
sq. ft. in area and the average lot size is 11,000 sq. ft., whic is not crowding
houses together.
Mr. lee displayed a map showing the separation of dwelling units along Acacia
and those on the proposed subdivision map which are quite comparable. He "again
noted that the proposed development has a number of single loaded streets where
they could extend the lot lines and end up with half acre lots. He further
asserted they are not increasing the density in any given area, but are simplh
taking what would be the extension of lots and putting it into common areas were
it can be utilized by the entire population in the area without having encroach~
ments into that area.
MSUC (Wilson-Rice) Recommend to - the City, Councihthe- adoption--of prezoni ng
RESOLUTION NO. PCZ-73-P and rezoning from R-Eto R-E-P for 110 acres between
Acacia Avenue and Otay lakes Road
7. SUBDIVISION: Tentative Map PCS-73-6 for Bonita Ridge Estates
Current Planning Supervisor Lee reported this tentative map is proposed to be
developed in four phases. Phase 1 is at the top of the ridge, extending to
Otay Lakes Road. Units 2 and 3 are separate cul-de-sacs adjacent to Acacia,
and Unit 4 is proposed to be served from another property which would gain its
access from Otay lakes Road. The approximate area left in the natural state
would be 55%. He displayed a cross section of the area adjacent to Acacia,
noting the natural slope is approximately 3:1, and the fill which would take
place on that portion of the property is about 2:1. The manufactured slopes
will require landscaping and irrigation.
Chairman Macevicz asked if work on the drainage channel would start with the
construction of Unit 1.
Mr. Robens advised no time table has been established. This would be included
in the subdivision agreement executed after the tentative map is approved. He
felt certain the drainage channel would be required prior to the construction
of the units adjacent to Acacia. He pointed out that most of the water from
developed lots drains to the streets so the unit with access from Otay Lakes
Road would mainly drain in that direction.
Commissioner Whitten asked about the possibility of connecting Units 2 and 3
and then providing access over the hill from Otay lakes Road, and eliminating
.J access to Acacia Avenue.
Sß~3i
City Planning Commisslon ~9~ 12/12/73
Mr. Lee discussed the existing topography and pointed out that constructing a
road up that grade would create side slopes of such magnitude as to defeat
the purpose of trying to retain the area in its natural state.
Commissioner Whitten still maintained that additional traffic should not be
routed on to Acacia Avenue.
Mr. Lee pointed out that on both the City and County General Plans Acacia is
shown as a collector street extending from Bonita Road to H Street, then via
Rutgers on to Otay Lakes Road. Unless an alternate route is provided, this
street will be needed in the future to service additional development in the
future. He agreed it is evident there needs to be a detailed study with the
County to explore the alternate routes if some exist.
Commissioner Whitten suggested that the staff again study this proposed develop-
ment and try to find an alternate route of street circulation that does not put
any traffic on to Acacia.
Commissioner Rudolph asked if consideration had been given to the feasibility
of transportation other than the automobile. Mr. Peterson reported there has
not been.
MSUC (Whitten~Wi1son) Consideration of, the tentative map for Bonita Ridge
Estates be continued to January 23, 1974 and referred back to the staff for
redesign of the traffic circulation.
Mr. Lee asked if there are other points which the Commission would like to have
studied or clarified. The Commission mentioned the matter of the drainage
problem and a time table for improvement of the downstream drainage. Com~
missioner Rudolph also suggested the possibility of providing a mix of dwelling
types and to consider all energy saving practices. She referred to suggestions
included in the Rand report.
8. PUBLIC HEARING: REZONING PCA-73-Q, 614~682 Second Avenue - R-1toR-1-15
Director of Planning Peterson reminded the Commission of their denial of a
variance application last September to create three lots at 656 Second Avenue
with two of the lots to be served by an access easement rather than a public
street. This denial was based on the recommendation that such lots could better
be served by a public street. It was indicated at that time that if the resi-
dents of Second Avenue do not wish to form an improvement district to put in a
public street at the rear of the lots, consideration should be given to rezoning
all of the property on the west side of Second Avenue between "I" and "J" Streets
to R-1-l5. There has been no apparent cooperative action on the part of the
residents.
Mr. Peterson further noted there was a similar rezoning enacted in 1966 on the
properties backing up to these properties and fronting on Del Mar.
Commissioner Wilson indicated it was not his understanding that such rezoning
would be initiated unless the residents indicated this was their desire.
This being the time and place as advertised, the public hearing was opened.
$' ß.-- ..3S
City Planning Commission -2- January 23, 1974
Davi d parki nson, Hestec Servi ces, 1520 State Street, San Di ego, reported that
an archeological survey of the site had indicated there are some scattered
artifacts on the property. In a one day salvage operation conducted by the
archeologist approximately 18 small artifacts were recovered and were reported
to the Museum of Man and the State University. He passed around for obs~rvation
a sample of a side scraper stone tool which had been found. The importance of
the site is deemed by archeologists as moderate to minor. He reported that
this type of finding is quite widespread throughout San Diego County and he felt
the salvage performed is an adequate mitigating measure to permit development
of the site.
Richard Carrico, 2562 Ridgeview Drive, San Diego, archeologist employed by
Westec for this survey. reported that this general area has never been surveyed
by an institution for archeological purposes. He felt the recordation of the
artifacts found would be sufficient for museum purposes. The type of tools found
indicate this was a working area rather than a habitation site.
As no one else wished to speak, the public hearing was closed.
MSUC (Rudolph-Wilson) EIR-73-16 be adopted as the City's Environmental Impact
Report for the Windsor Views project subject to the staff recommendation for
attenuating measures.
3. Consideration of Tentative Map for Bonita Ridge Subdivision PCS-73-6
Current Planning Supervisor lee discussed the revised map submitted by the
applicant in response to the Commission's request for redesign of the circulation
system. The revised map has increased the number of lots from 131 to 136 and
proposes development in three phases instead of four. The eastern access from
Acacia Avenue has been deleted with access for that portion of the development
to come from Otay lakes Road through the Ranchito Robinhood development. This
would result in a reduction of 220 trips per day of the anticipated additional
traffic on Acacia Avenue from this development. He reported that the developer
has shifted some of the slopes and provided different house plans to increase
the amount of usable lot area in most of the instances cited in the staff report
as problems. Conditions for approval of the revised map are contained in the
staff report.
Chairman Macevicz called on the applicant for his response to the staff recommenda-
tion.
James Ashbaugh, planner with George Nolte and Associates, consultants for Par
Construction Company, reported that in seeking alternatives to access from Acacia
Avenue it was determined that the center cul de sac could not be served from any
other access without requiring grades of 17 to 19 percent and massive grading
of the hillsides merely to cut the street through. This is counter to their
objective of trying to retain a maximum area of natural open space. He indicated
the developer would prefer approval of the revised map rather than the original
since it does provide a means of access to all phases of the proposed development.
On the original map one portion of the development would require access through
undeveloped property for which no development plan has been proposed.
58- J?
City Pl anning Corrmbsi on -3- January 23, 1974
Frank Saras, President of the newly formed Long Canyon Home Owners Association,
expressed their concern with traffic and drainage from this development as it
affects the residents of Acacia Avenue. He felt this development would set a
precedent for future development for the Long Canyon area and noted their desire
to maintain an atmosphere of rural living. He reported they are in the process
of preparing a letter to the County requesting a study and recommendation to
solve the drainage problem.
Derrick Smith, 4180 Acacia Avenue, asked for additional information concerning
the development of the area nearest to Acacia.
11r. Ashbaugh advised that those lots would be single level pads which would be
i~proved with one story houses. Split level pads would utilize two-story house
designs.
Shirley Smith, representing Bonita Belaire Home Owners Association, expressed
their request that the development plan be denied due to the high density of the
development in certain areas, not the overall density. She felt the underlying
zone should govern the minimum lot size that would be permitted, and if the
Hillside Ordinance is applicable then the lot sizes should be increased. She
also felt that additional growth in that area would dilute the quality of services
available to the established residents. She asked who would take care of the
open space proposed by this development.
It was pointed out an open space maintenance district would be formed and the
residents ~rithin the district would be taxed to pay for the maintenance costs.
Cornissioner Wilson asked the approximate price range of homes proposed for this
development.
Stewart Pritikin indicated the homes would be in the $50,000 to $70,000 price
range. He then discussed the various styles to be used on level pads, 4 foot
split level and 8 foot split level pads. He also advised there are no lots
where the side separation between houses would be less than 20 feet; the average
lot width is 80 feet.
HSC (Chandler-Rice) Recommend. to the City Council the approva 1 of the revi sed
tentative map, providing only one access from Acacia Avenue, subject to the
conditions recommended by the Planning Department and the Engineering Division.
The motion carried by the following vote:
AYES: Members Chandler, Rice, Macevicz and Wilson
NOES: r1ember Rudo 1 ph
ABSENT: None
4. PUBLI C HEARING:
Director of Planning Peterson displayed a plot map of the area, indicating the
1100 sq. ft, portion of the industrial building proposed for this use, which
Sß - J ?
~
-3- 7/10/74
accordance with the State Map Act prior to the issuance of any permits.
2. Development of the property shall be subject to site plan and archi-
tectural approval, including the plot plan, elevations, landscaping and
irrigation, sign approval, and undergrounding of onsite utilities.
3. All structures shall be firmly anchored and floodproof; plans shall be
subject to the approval of the Director of Public Works.
4. All floatable materials shall be secured within the structure to prevent
them from floating away during flooding.
Findings are as follows:
a. Construction of this warehouse will provide a desirable and convenient service
to the residents of the community.
b. Subject to the conditions of approval the proposed warehouse will not affect
the health, safety or general welfare of persons in the vicinity nor will it be
injurious to property or improvements in the vicinity.
c. Subject to the conditions of approval the proposed warehouse will comply with
the regulations of the Zoning Ordinance for this use.
d. The proposed use is allowed in the I-L zone and as such conforms to the General
Plan of Chula Vista.
3. Consideration of request to waive zoning wall, 70 East J Street, COMDEVCO, INC.
Director of Planning Peterson reported that a proposal to expand the commercial
facility would require installation of a 6 ft. zoning wall between the commercial
site and the residential zone which surrounds the site on three sides. In this
case 623 feet of wall would be required to surround the C-N zone. The primary
purpose of a wall is to act as a buffer between the commercial use and residential
use, but in this case the adjacent uses are not residential but are institutional
in character, therefore, the waiver of the wall seems justified and it is recom-
mended that the request be granted.
MSUC (Wilson-Flotö) Request for waiver of zoning wall to surround commercial
property at 70 East J Street be approved.
4. Consideration of Establishing Open Space Maintenance District No.4 - Bonita
Ridge Estates
Director of Planning Peterson advised that approval of the tentative maps for
Bonita Ridge Estates and Ranchito Robinhood included a condition which required
formation of Open Space Maintenance Districts. Since approval of those maps,
Ranchito Robinhood was sold to the developers of Bonita Ridge Estates, so it is
now possible to create one Open Space District for the entire development. He
pointed out that the monthly assessment per unit at the start of the development
is estimated at $5.00 per month, but this should drop to $3.82 per unit when the
project is completed. It is the staff's recommendation that the Commission
recommend to the Council the approval of Open Space District No.4.
5ß-3gv
-4- 7/10/74
Commissioner Wilson asked if maintenance of natural open space contemplates
occasional thinning of the undergrowth in the area.
Mr. Peterson confirmed that this type of maintenance is figured into the cost
factors.
MSUC (Rudolph-Wilson) Recommend to the City Council the establishing of Open
Space Maintenance District No.4 as indicated on the display map.
5. PUBLIC HEARING (Cont.): EIR-74-S on Plaza del Rey regional center, office
buildings, recreational commercial facilities and residential
development
Environmental Review Coordinator Reid advised that this hearing was continued from
the meeting of June 12th at which time the staff was directed to prepare a draft of
the final EIR, which would be made available to the public prior to the continued
hearing date. This report has been available at the library since June 27th.
Mr. Reid called attention to the outline of changes which were made in the draft
EIR. He recommended that after receiving additional testimony at this meeting the
public hearing be closed and guidelines be given for the preparation of a final report.
Acting Chairman Chandler declared the public hearing reopened.
Peter Watry, 81 Second Avenue, called attention to the outline of his presentation
which was distributed to the Commission prior to the opening of the meeting, in which
he requested that the following changes be made in the EIR before its final adoption:
a. The cost of a new fire station be included.
b. Cost of education. (Mr. Watry reported that he erred in including this since
it is discussed on page 197 of the new draft.)
c. The cost of completing H Street from the shopping center to Otay Lakes Road should
be included.
d. Mitigating measures to deal with the fact that the sewerage system is already
past capacity.
e. Some dollar figure should be attached to all the permanent increases in pollution
mentioned in the EIR.
f. Some measurement included on the impact on other business sections in Chula
Vista as a result of this new center. (Mr. Watry called attention to the
inclusion in the Bonita Plaza EIR, which stated, "Freestanding strip commercial
areas may in some cases lose significant amounts of business to the new center.
Areas such as Chula Vista's Third Avenue can be regarded as particularly vul-
nerable."
g. The "double-counting" of sales tax revenue be corrected. Sales tax was included
in two places in the revenue tables. This amounts to $400,000 in the first
phase of development, and for phases 2 and 3 it would add another million dollars.
h. Disagreement with the method of calculating the increase in taxable sales in
Chula Vista as the result of the new center. The 25% increase was agreed upon
last year for the Sports World shopping center of l~ million square feet of
area, whereas Plaza del Rey's ~ial center is only half that size, or
13-Ji
Pliza6etfz 1(flrin CO~
647 'UinásorCircfe, C{¡ufa Vista, CJl91910 RECEIVED
(619) 420-3104 PP (619) 420-7704
'518 flAY -5 P 3 :33
March 17, 1998
City of Chula Vista CITY OF CHUlA VISIt
CITY CLERK'S OFFICE
274 F Street
Chula Vista, CA 91910
To Whom It May Concern:
As of May 1, 1998, I will no longer be able to serve on the City of Chula Vista
Youth Commission. I will be leaving for college and a summer internship in June, and
will no longer be able to continue my involvement on the Commission.
My two year-plus membership on the Commission has been an invaluable
experience and I commend my peers on their accomplishments since my
appointment in 1995. I would like to especially thank Mr. Chuck Pugsley, Cathy
Miller and Rosemary Brodbeck for their service and dedication to the organization and
success of Chula Vista's youth services.
The Youth Commission has been a wonderful way for me to get involved in the
community, and to learn from neighboring Commissions, as well as leaders in Chula
Vista, itself.
I would like to respectfully resign from the Commission and send my best
wishes to future commissioners as they continue involvement in the community.
Sincerely,
~*ûf
Eliz eth K Cox
CD ~ ---/d^-- (I) WRmEN CO MM Ut..'CA ~NS
/t- -ßy;?JY
~
5C--¡
RECEIVED
April 20, 1998 18 MY -5 P3 :33
Kathy Miller gTY OF CHULA VIST {;
276 Fourth Ave. TY CLERK'S OFFICE
Chula Vista, CA 91910
To the Staff and Members of the Chula Vista Youth Commission,
As the new term starts in May and I'll be graduating in June I'll not be able to continue
attending meetings as a commissioner for another year.
I thank all of you for the opportunity to serve with you and learn about the special
programs the City of Chula Vista has to offer. Thank you to the staff of the "Teens As
Teachers" program. I learned a lot working with the after school program at the
elementary schools on the anti-smoking project and how to go about passing the C.V
Cigarette Ordinance.
To Agent Pugsley, Rosemary Brodbeck, Brenda Lucero, Kathy Miller, Mayor Horton
and the Chula Vista City Council, thank you for the extra time you give so we can have
a Youth Commission.
Sincerely,
~
Jim Perondi
1446 Southview Ct.
Chula Vista, CA 91910
WRITTEN COMMUNICATIONS
Cc: ~7ð'V (~) cÞ ø~?
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5C--~
COUNCIL AGENDA STATEMENT
Item (j,
Meeting Date: 5/19/98
ITEM TITLE: Resolution /?'J ~prOVing the First Amendment to Agreement
for City of Chula Vista Police and Fire Services on San Diego Unified
Port District Property.
SUBMITTED BY: F;", Ch;ef.<~ ~
Chief of Polic
REVIEWED BY: City Manager:DR ~ --?
(4/5ths Vote: Yes_NolO
The City's 1994 agreement with the Port District to provide Police and Fire Protection
services to Port property expired on June 30, 1997. In the Spring of 1997, the City
proposed an extension of the Agreement as well as an update to some of the cost-related
data used to calculate the reimbursement amount. Since that time, the Port District has
evaluated the City's proposal and requested some clarification of cost calculation
methodology. The First Amendment to the Agreement reflects mutual agreement on cost
calculation methodology and extends the term of the agreement until June 30, 2000.
RECOMMENDATION: That the City Council approve the Resolution amending the
Agreement with the San Diego Unified Port District; and that Council authorize the Mayor
to execute the First Amendment.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
In 1994, City staff negotiated an agreement with the San Diego Unified Port District for the
provision of City police and fire/emergency medical services to the non-tax paying
properties on the tidelands. The agreement covered Fiscal Years 1994/95 through
1996/97, expiring June 30 1997. In exchange for these services, the City received
$360,013 for each of the three fiscal years. As overall City costs remained fairly constant
during the term of the agreement, no adjustments were made to the reimbursement
amount.
Pursuant to the terms of the Agreement, the City tendered a proposal with the Port District
on March 31, 1997, outlining reimbursement estimates for services to be provided Dver the
1
b/I
following three years. In November of 1997, upon the Port's evaluation of the City's
proposal, clarification was sought by the Port regarding the methodology used specifically
to calculate the City's estimated Police Reserve Capacity costs for the next term. The City
had proposed to base costs on the actual number of officers required, while the Port
desired to remain with the original formula which is based on a percentage of full-time
officers. City Staff reviewed the Port's assessment of the methodology and agreed to
continue the current methodology and assumptions.
The First Amendment to the Agreement provides for a reimbursement of $87,682 fDr Fire
services and $270,047 for PDlice services for a combined tDtal of $357,729 for Fiscal Year
1997/98. Although there have been increases in costs for Police and Fire services, the
cost of support staff decreased and the Citywide Overhead component to the formula
decreased from .1779 to .1518 as a result of a change in the ratio of Police and Fire
budgets as compared to the City budget as a whole. This accounts for the $2,284 Dverall
reduction of eligible costs able to be reimbursed.
Reimbursements for subsequent years may be adjusted based on any changes (increases
or decreases) in eligible costs associated with providing these services to the Tidelands.
Incidentally, since the time that the City proposed the updated level of reimbursement,
some changes have been approved to the Fire MOU, the Police MOU, and other MOU's
(which affect the overhead and support staff portion of the formulas). In the interest of
timely and mutual agreement, it is suggested that these minor changes be revisited and
communicated to the Port following the results of the upcoming bargaining unit
negotiations for FY 1998/99. The City will be made whole in any event, as any
adjustments to the reimbursement amount can be made retroactive, as appropriate.
FISCAL IMPACT:
The fiscal impact of this action is the continuation of reimbursement revenue for Police and
Fire services provided to the Tidelands for the next three years. The amount of this
reimbursement, unless adjusted at a later date based upon changes in costs, is $357,729,
a decrease of $2,284 from the previous year's revenue.
2
¿;-.2
---~---, J --------
RESOLUTION NO. /8"993
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
AGREEMENT FOR CITY OF CHULA VISTA POLICE AND
FIRE SERVICES ON SAN DIEGO UNIFIED PORT
DISTRICT PROPERTY, AND AUTHORIZING MAYOR TO
EXECUTE SAME
WHEREAS, the City's 1994 agreement with the Port District
to provide Police and Fire Protection services to Port property
expired on June 30, 1997; and,
WHEREAS, in the spring of 1997, the City proposed an
extension of the Agreement as well as an update to some of the
cost-related data used to calculate the reimbursement amount; and,
WHEREAS, since that time, the Port District has evaluated
the City's proposal and requested some clarification of cost
calculation methodology; and
WHEREAS, the First Amendment to the Agreement reflects
mutual agreement on cost calculation methodology and extends the
terms of the agreement until June 30, 2000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby approve the First Amendment to
Agreement for City of Chula Vista Police and Fire Services on San
Diego Unified Port District Property, a copy of which is on file in
the office of the City Clerk as Document No °-----°
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
James Hardiman, Fire Chief
C:\rs\portdist.p&f
¿-,3
FIRST AMENDMENT TO AGREEMENT
FOR
CITY OF CHULA VISTA
POLICE AND FIRE SE~VICES
ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTY
The parties to this First Amendment to Agreement are the SAN DIEGO UNIFIED PORT
DISTRICT, a public corporation, herein called "District" and the CITY OF CHULA VISTA, a
municipal corporation, herein called .City."
RECITALS:
WHEREAS, District and City are parties to an agreement for the reimbursement by the
District to the City of certain expenses for providing police and fire services on District
property in the City, said agreement on file in the Office of the District Clerk as Document
No. 31647; and
WHEREAS, the parties desire to amend the agreement to extend the services for another
three-year period at the current estimated cost to the City for providing the services;
NOW, THEREFORE, said agreement is hereby amended by adding Paragraphs 17, 18, 19
and 20 as follows:
17. PERIOD
The term of the Agreement is hereby extended for three (3) years, from July 1,
1997 to and including June 30, 2000; provided, however, either party may terminate this
agreement at the end of a fiscal year provided written notice is given at least six (6)
months prior to the end of the fiscal year.
18. CONSIDERATION
A. For performance of services rendered pursuant to this First Amendment to
Agreement, the District shall pay to the City a sum not-to-exceed Three Hundred Fifty-
seven Thousand, Seven Hundred Twenty-nine Dollars and no Cents ($357,729.00) per
fiscal year. If during the three-year contract period the City's negotiated costs for police
and fire department salaries and benefits change, City shall give the District written notice
and furnish documentation satisfactory to District to substantiate the changes. The
resulting increase or decrease in cost will be included when establishing the annual
consideration to be paid commencing with the next fiscal year covered by this agreement.
¿-y 1
B. Payments shall be made upon written request to the District and may be
submitted on a quarterly basis at any time during the quarter for the fiscal year in which
services are performed. District agrees to reimburse the City for any and all expenses
within thirty days of receipt of a properly prepared request for reimbursement, subject to
the not to exceed sum specified in 18.A., above. District agrees to reimburse the City
before the last day of the fiscal year for the fourth quarterly payment provided the District
receives a properly prepared request for reimbursement at least thirty days before the end
of the fourth quarter.
C. Payment shall be for reimbursement of expenses to conduct the services
specified in this agreement. Proof of both incurrence and payment shall be kept on file by
the City for review by the District for a period of two years after the last day of the fiscal
year.
19. SUMMARY
The methodology for determining the value of services rendered pursuant to this
First Amendment to Agreement shall be as shown in the SUMMARY, attached hereto as
Attachment C and incorporated by reference as though fully set forth herein.
20. SURVIVAL
All other terms, covenants and conditions contained in the original agreement shall
remain in full force and effect and shall be applicable to this amendment.
DATED: , 1998.
CITY OF CHULA VISTA SAN DIEGO UNIFIED PORT DISTRICT
Executive Director
Approved as to Form:
Port Attorney 6--Ç
2
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 5/19/98
/ %?7lf
ITEM TITLE: Resolution Approving agreement with the accounting firm
of Calderon, Jaham & Osborn (CJOI to provide auditing services
and authorizing the Mayor to execute said agreement
SUBMITTED BY, D;,."" of ';00";;1' v&
REVIEWED BY: City Manage~ ~ - (4/5ths Vote: Yes _No---1LI
Section 1017 of the Chula Vista Charter requires an annual independent audit of the
City. The current three-year agreement with Moreland & Associates terminated with
completion of the June 30, 1997 audit report. A Request for Proposals to provide
auditing services for the City, Redevelopment Agency, and Bayfront Conservancy
Trust was sent to 20 auditing firms. Six proposals were received and evaluated by
a Selection Committee appointed by the City Manager composed of the Director of
Finance, the Senior Accountant, and the Principal Revenue Analyst.
RECOMMENDATION: That Council adopt the resolution approving the agreement
with the accounting firm of Calderon, Jaham & Osborn for fiscal years 1997-98,
1998-99, and 1999-00, with the option to extend for two additional years.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Twenty audit firms were mailed a Request for Proposal to audit the financial
transactions of the City of Chula Vista, Redevelopment Agency, and Bayfront
Conservancy Trust (Attachment A). Six proposals were received and evaluated by the
Selection Committee based on the following criteria:
A. Organization, size, and structure of the audit firm.
B. Qualifications and experience of staff to be assigned to the City's audit.
C. Audit firm's understanding of the work to be performed and
comprehensiveness of audit work plan.
D. Cost.
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Page 2. Item
Meeting Date 5/19/98
Proposals were received from the following firms:
Calderon, Jaham & Osborn $38,500
Caporicci & Larson $37,800
KPMG Peat Marwick, LLP $49,000
Moreland & Associates $50,000
Rushall, Reital & Randall $40,000
Deloitte & Touche, LLP $73,000
The Finance Department followed Municipal Code 2.56, Ordinance No. 2517, and
Council Policy No.1 02-05 in the consultant services selection process.
The top two rated firms, CJO and Caporicci & Larson, who were rated significantly
higher than any of the other firms, were then interviewed by the Selection Committee.
Following this process, the Committee performed extensive reference checks and
finally unanimously agreed to recommend the selection of CJO to the City Council.
Both finalists were rated very highly in all areas, and were also the most reasonably
priced, with Caporicci & Larson at $37,800 and CJO at $38,500. The selection
hinged on the fact that the committee felt that the references for CJO were better
overall than those for the other firm, and that CJO would be more in tune with local
issues and be more accessible having an office in San Diego as opposed to the other
firm located in Irvine.
CJO is a thirty year-old regional accounting/auditing firm with offices in San Diego and
the Imperial Valley, employing approximately thirty staff dedicated primarily to local
government and not-for-profit clients. Examples of their local clients include San
Diego, Oceanside, EI Cajon, National City, San Diego Community College District, and
SANDAG.
FISCAL IMPACT:
The cost of the audit for the fiscal year ended June 30, 1998, will be $38,500
(compared to $40,813 this year). Fees for the two succeeding fiscal years will be
adjusted based on the Consumer Price Index not to exceed 5% per year.
Of the total fees, $23,950 will be paid from the General Fund (compared to $26,162
this year), $6,600 from the Redevelopment Agency (compared to $6,802 this year),
$3,650 from the Bayfront Conservancy Trust (compared to $3,663 this year), and
$4,300 from Community Development Block Grant (compared to $4,186 this year).
?-cJ-.
ATIACHMENT "A"
AUDIT FIRMS
Calderon, Jaham & Coopers & Lybrand Vavrinek, Trine,
Osborn* Certified Public Day&Co
Certified Public Accountants 8270 Aspen St
Accountants Suite 1400 Rancho Cucamonga, Ca
750 "B" Street, Suite 2320 402 West Broadway 91729-4407
San Diego, CA 92101 San Diego CA 92101-3504
Strong, Veleker, & Vance
Conrad & Associates Deloitte, Touche* 345 "F" Street
Certified Public Suite 1900 Chula Vista, Ca 91910
Accountants 701 "B" Street
Suite C San Diego CA 92101-8198 Filipovitch & Blush
1100 Main Street Certified Public
Irvine CA 92714 McGladrey & Pullen Accountants
Suite 1150 Attn: Stan Blush
Diehl, Evans & Company 3111 Camino del Rio No Suite D-2
Certifed Pub I i c San Diego, CA 92108 325 Carlsbad Village Drive
Accountants Carlsbad, CA 92008
2965 Roosevelt Street Thomas, Bigbie & Smith
Carlsbad CA 92008-2389 4201 Brockton Avenue, Coradino, Hickey &
Suite 100 Hanson
KPMG Peat Marwick Riverside, Ca. 92501 4275 Executive Square,
LLP* Suite 500
Certified Pu bl ic Navarro & Associates, Inc. La Jolla, CA 92037
Accountants 2831 Camino del Rio So.
Suite 3000 San Diego, Ca 92108 Levitz, Zacks & Ciceric,
750 "B" Street Inc.
San Diego CA 92101 Caporicci & Larson* 701 "B" Street, 4th Floor
17512 Von Karman San Diego, CA 92101
Ernst & Young Avenue
Certified Public Irvine, Ca 92614 Rushall Reital & Randall*
Accountants P.O. Box 643
Suite 1100 Moss, Levy & Hartzheim Solana Beach, CA 92075
501W. Broadway 9465 Wilshire Blvd, Ste
San Diego CA 92101 915 * Firms Who Responded
Beverly Hills. Ca 90212
Moreland & Associates*
Certified Public Martinez, Armando & Co
Accountants 365 Church Ave
Attn: Liliane Serio Chula Vista, CA 91910
570 Rancheros Drive
Suite 260
San Marcos, CA 92660
7-;5
RESOLUTION NO. /~~~?I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH THE
ACCOUNTING FIRM OF CALDERON, J AHAM & OSBORN
(CJO) TO PROVIDE AUDITING SERVICES AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, section 1017 of the Chula vista Charter requires
an annual independent audit of the city and the current three-year
agreement with Moreland & Associates terminated with completion of
the June 30, 1997 audit report; and
WHEREAS, a Request for Proposals to provide auditing
services for the city, Redevelopment Agency, and Bayfront
Conservancy Trust was sent to 20 auditing firms; and
WHEREAS, six proposals were received and evaluated by a
Selection Committee appointed by the City Manager composed of the
Director of Finance, the Senior Accountant, and the Principal
Revenue Analyst; and
WHEREAS, the top two rated firms, CJO and Caporicci &
Larson, who were rated significantly higher than any of the other
firms, were then interviewed by the Selection Committee; and
WHEREAS, both finalists were rated very highly in all
areas, and were also the most reasonably priced, with Caporicci &
Larson at $37,800 and CJO at $38,500; and
WHEREAS, following this process, the Committee performed
extensive reference checks and finally unanimously agreed to
recommend the selection of CJO to the City Council based on the
fact that the committee felt that the references for CJO were
better overall than those for the other firm, and that CJO would be
more in tune with local issues and be more accessible having an
office in San Diego as opposed to the other firm located in Irvine.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the Agreement with the
accounting firm of Calderon, Jaham & Osborn to provide auditing
services for fiscal years 1997-98, 1998-99, and 1999-00, with a
option to extend for two additional years, a copy of which shall be
kept on file in the office of the City Clerk as Document No.~7~
Presented by Approved as to form by
Robert A. Powell, Director of
Finance
C:\rs\audit.cjo
7-1/j/;}'1
Agreement between
City of Chula vista
and
Calderon, Jaham & Osborn
An Accountancy Corporation
for Audit services
This agreement ("Agreement"), dated April 28, 1998 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, section 1017 of the city Charter requires the City
Council to appoint an independent auditor to audit the annual
financial statements of the City; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 1
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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
"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.
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November 2, 1993 Page 2
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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 and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the city
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
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
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
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November 2, 1993 Page 3
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In order to demonstrate the Additional Insured
Coverage, primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the city
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorney' which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, 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
amount is indicated in the space adjacent to the term, "Letter of
Credit n, 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
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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 4
7/r
city such other security therein listed in a form and amount
satisfactory to the Risk Manager or city Attorney.
1. 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
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
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November 2, 1993 Page 5
?-9
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
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 6
7//J}
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 FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair political
Practices Act, and regulations promulgated thereunder.
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 7
7~
Services, ("Prohibited Interest"), other than as listed 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
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct 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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 8
7-/;2-
thereof at least five (S) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
city, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the city. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for convenience of city
city may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed 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
2pty9.wp Standard Form Two Party Agreement {Fourth Revision}
November 2, 1993 Page 9
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All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the united States or in any other country without the express
written consent of city. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
city is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of city, and none of them
shall be entitled to any benefits to which city employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, city will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Çlaims 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
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November 2, 1993 Page 10
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Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, 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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 11
7-)5
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing 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.]
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 12
7-J~
Signature Page
to
Agreement between city of Chula Vista and
Calderon, Jaham & Osborn, An Accontancy Corporation
for Audit Services.
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: , 1998 city of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Calderon, Jaham & Osborn
An Accountancy Corporation
~
title]
By:
[name of person, title]
Exhibit List to Agreement
(x ) Exhibit A.
( ) Exhibit B:
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 13
7~/7
Exhibit A
to
Agreement between
city of Chula Vista
and .'
Calderon, Jaham & Osborn
An Accountancy Corporation
1. Effective Date of Agreement: May 12, 199B
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]
3, Place of Business for city:
city of Chula Vista,
276 Fourth Avenue,
Chula vista, CA 91910
4, Consultant: Calderon, Jaham & Osborn
An Accountancy Corporation
5, Business Form of Consultant:
( ) Sole Proprietorship
( ) partnership
(X) Corporation
6, Place of Business, Telephone and Fax Number of Consultant:
Calderon, Jaham & Osborn
600 "B" Street, Suite 1400
San Diego, California 92101
Voice Phone 234-5137
Fax Phone 234-5162
2PTY9-A,wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 1
?~)~
7. General Duties:
A. General scope of Work
Consultant shall conduct an audit of the described
activities pursuant to Generally Accepted Auditing
Standards for the fiscal years ending June 30, 1998,
1999, and 2000, and at the City's option, 2001 and 2002.
The audit examination should not include a detailed audit
of all of the transactions recorded in the accounts of
the City, unless otherwise herein specified, but will be
based upon tests of accounting records and other
supporting evidence for selected periods during the
fiscal year under review sufficient to enable the
contracting independent auditor to express an informed
written opinion on:
1. The financial position of the various funds of
the city as of the balance sheet date and the
results of operations for the year reported.
2. The propriety of accounting principles
followed.
3. Compliance with applicable laws.
4. The financial accountability of officers and
employees.
Organizations to be Audited
1. City of Chula Vista ( the "city")
2. Redevelopment Agency of the City of Chula
Vista
3. Chula vista Bayfront Conservancy Trust ("BCT")
Additional Special Audits and Services
1. Financial and compliance audits required by
the Single Audit Act of 1984.
2. Preparation of the Annual State and Federal
Tax Returns for the "BCT".
Reports to be Issued
Following the completion of the audit of the fiscal
year's financial statements, the auditor shall issue:
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 2
7-/1
1. A report on the fair presentation of the
financial statements in conformity with
generally accepted accounting principles.
2. A report on the internal control structure
based on the auditòrs understanding of the
control structure and assessment of control
risk.
3. A report on compliance with applicable laws
and regulations.
4. A report on the internal control structure
used in administering Federal financial
assistance programs.
5. A report on compliance with specific
requirements applicable to major Federal
financial assistance programs.
6. A report on compliance with specific
requirements applicable to nonmaj or Federal
financial assistance programs.
7. A report on compliance with general
requirements for both major and nonmajor
Federal financial assistance programs.
8. A report on compliance with specific
requirements applicable to the state - Local
Transportation Partnership Program.
In the required reports on internal controls
the auditor shall communicate any reportable
conditions found during the audit. A
reportable condition shall be defined as a
significant deficiency in the design or
operation of the internal control structure
which could adversely affect the
organization's ability to record, process,
summarize, and report financial data
consistent with the assertions of management
in the financial statements.
Reportable conditions that are also material
weaknesses shall be identified as such in the
report. Nonreportable conditions discovered by
the auditors shall be reported in a separate
letter to management which shall be referred
to in the reports on internal controls.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7.--:¿C7 Page 3
Auditors shall be required to make an
immediate written report of all irregularities
and illegal acts or indications of illegal
acts of which they'become aware to the City
council, City Manager, City Attorney and
Director of Finance.
Additional Work
As offered in their proposal, Consultant will in addition
to the work as outlined, be available to provide annually
up to forty additional hours of consulting in whatever
areas are mutually agreed to by the parties on a no fee
basis.
8. Scope of Work and Schedule:
DETAILED SCOPE OF WORK
A. Budget
In accordance with provisions of the Charter of the City
of Chula vista, it is the duty of the City Manager to
prepare and submit to the Council the annual budget and
such reports as may be required by that body. The outside
auditor shall examine the final budget document as
approved by the city Council and compare, on a test
basis, the estimated revenues and appropriations as shown
in the budget document with the entries recorded on the
revenue ledger and the appropriation ledger maintained by
the Finance Department.
B. Funds
The auditor shall examine the City Charter, ordinances or
resolutions, and minutes of the city Council pertaining
to all funds of the City to determine the purpose of each
fund and the proper disposition of all funds revenues,
expenditures, and year-end balances. The auditor shall
examine the various fund transactions and balances in
each fund and prepare the appropriate financial
statements for the audit report.
C. Verification of Cash and Securities
1. Cash and Checks
The auditor shall count all cash and checks in the
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7~;¿ J Page 4
Finance Department as of June 30. The auditor shall
subsequently be satisfied that all items counted
and verified are deposited in the City's depository
bank. Investment securities owned by the City and
held in safekeeping by the City's various banks and
financial institutions shall be verified as to
their existence as of June 30.
written confirmation shall be obtained from
all city depositories of balance on hand at
June 30.
2. Surprise Cash Counts
The auditor shall make, during the year, at least
two surprise cash counts of the funds in the
Finanèe Department in cooperation with staff
members.
3. Collateral Pledged for Funds on Deposit
The auditor shall examine the records of pledged
collateral and make such tests of depository bank
pooled collateral operations as may be necessary to
express an opinion as to the legal sufficiency of
the collateral to safeguard the city of Chula
vista's bank deposits.
4. Accounting Records
The auditor shall examine the city's internal
accounting and administrative controls to determine
that accounting procedures are adequate to
safeguard assets and provide reasonable assurance
of proper recording of financial transactions.
D. Assets
1. Cash and Investments
Treasury and investment operations are the
responsibility of the Finance Department. The
auditors shall verify the cash balances and the
existence of the investments. The investments
market value shall be reviewed and compared to book
value. The auditor shall review balances as of June
30 and investments earnings recorded during the
fiscal year. The footnote disclosure shall be in
compliance with GASB #3.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 5
7'- ..2..2..
2. Fixed Assets
The auditor shall examine the procedures for
recording the acquisition of and the disposal of
property owned by the City. The auditor shall
compare the annual inventòries of property with the
controls maintained by the Finance Department. The
auditor shall review the transactions involving
fixed assets to the extent necessary to assure that
accountability for fixed assets is maintained.
E. Liabilities
1. Accounts Payable
The auditor shall make a sufficient examination of
accounts payable to enable them to determine that,
in general, they bear evidence of verification and
approval with supporting documents such as purchase
orders, vendor's invoices, receiving reports,
transportation bills, contracts and other documents
where necessary. The auditor shall also be
satisfied that the claims were charged against the
proper departmental appropriations and that funds
were available at the date the purchase was made.
2. Bonded Debt
The auditor shall examine the amount of bonded debt
of the City and the outstanding debt determined by
the auditor should be reconciled to the accounting
records of the city by fund and amount outstanding
on June 30.
3. Reserves for Uncompleted Purchase Orders and
Encumbrances
The auditor shall examine documents supporting
reserves for uncompleted purchase orders and
encumbrances to determine that such reserves are
adequate and properly recorded.
4. Other Liabilities and Deferred Credits
The auditor shall be satisfied as to the fairness
of the accounts representing other liabilities and
deferred credits.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7-2) Page 6
F. Fund Balances
The auditor shall examine revenues and expenditures by
funds and analyze the changes in fund balances for the
financial statement of each fund in the audit report.
G. Single Audit Act
The independent auditor shall perform a financial and
compliance audit under the Single Audit Act of 1984, as
amended in 1996. The audit shall be made in accordance
with the Standards for Audit of Governmental
Organizations, Programs, Activities, and Functions,
issued by the u.S. General Accounting Office, and the
provisions of the u.S. Office of Management and Budget
(OMB) Circular A-133, Audits of State and Local
Governments.
Chula vista's cognizant agency is the u.S.
Department of Housing and Urban Development (HUD).
SCHEDULE
A. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
B. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: city Financial Statements - Nov. 15
Deliverable No.2: RDA Financial Statements - Oct. 31
Deliverable No. 3: Single Audit Report - Nov. 30
Deliverable No.4: BCT Financial Statements - Nov. 30
C. Date for completion of all Consultant services:
9. Insurance Requirements:
(x) statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
( ) Commercial General Liability Insurance: $1,000,000.
(x) Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 Page 7
7-..2 "f
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
A. The City will prepare the following statements and
schedules for the auditor. Additional statements or
schedules may be prepared if mutually agreed upon in
advance.
General Purpose Financial statements
Cash and Investments Cash with Fiscal
Age n t / T r us tee
Transactions
Interest Income detail Operating Transfers/
Residual Equity Transfers
Arbitrage Calculations GFAAG Summary of
Transactions
Compensated Absences GLTDAG Summary of
Transactions
Bank Reconciliation Budget Amendments
Property Tax Schedule
Loans Receivable & Payable Accounts Receivable &
Accounts Payable
Advances Receivable & Payable between Funds
PERS Summary of Covered Payroll and Contributions
Single Audit
Schedule of Federal Financial Assistance (SFFA)
B. Work Area, Telephones, Photocopying and FAX Machines
The City will provide the auditor with reasonable work
space, desks and chairs. The auditor will also be
provided with access to a telephone line, photocopying
machine and FAX machine.
Long Distance telephone and/or FAX communications will be
charged to the auditor
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7--,;),3 Page 8
11. Compensation:
A. (x) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
for the fiscal year 1997-98 audit 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: $38,500, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
city Financial Statements $23,950
RDA Financial Statements $ 6,600
Single Audit Report $ 4,300
BCT Financial Statement $ 3,650
For each fiscal year thereafter, including any option years, the
compensation amount shall be increased by the lessor of the
increase in the Consumer Price Index - All Urban (Dec. to Dec.) or
5 percent.
Rate Schedule"
Category of Employee Hourly
of Consultant Name Rate
Consulting Partner $175
Engagement Partner $125
Manager $ 90
Supervisor $ 75
Senior $ 60
Staff Auditor $ 50
Clerical $ 35
( ) Hourly rates may increase by 6% for services
rendered after [month], 19 ,if delay in providing
services is caused by city.
1. This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring Additional services.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7-.2..? Page 9
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 $ .
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ :
, not to exceed $ :
13.. Contract Administrators:
city: Robert w. Powell, city Finance Director
Consultant: victor M. Calderon, C.P.A.
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 income.
( ) Category No. 2. Interests in real property.
{ } Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 /-02- 7 Page 10
( ) Category No. 4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
( ) Category No. 5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) Category No. 6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
( ) List .Consultant Associates. interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(x ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7-,2 ~ Page 11
C. city's Account Number: Various
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) other Security:
Type:
Amount: $
(x) Retention. If this s~ac.e is checked, then
notwithstanding other prov~s~ons to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
(x) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(x) Completion of All Consultant Services
( ) other:
2PTY9-A.wp Exhibit A to Standard Form Agreement
November 2, 1993 7-d-.! Page 12
COUNCIL AGENDA STATEMENT
Item <¡J
Meeting Date 05119/98
ITEM TITLE: RESOLUTION / g' '1 9 ~ APPROVING COMMUNITY DEVElOPMENT BLOCK
GRANT (CDBG) AGREEMENTS FOR FY 1998-99 BETWEEN THE CITY OF CHULA
VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
SUBMITTED BY: '.mm..;" [ ....p~"t ~;, ,
REVIEWED BY: City Manag~ 'U --? (4/5ths Vote: Yes- NoJlI
BACKGROUND:
On May 5, 1998, the City Council approved CDBG funds in the amount of $310,261 for 13 public service
programs; $333,335 for eleven community development programs; $61.744 for Capital Improvement Projects
for two non-profit organizations and $1.001.068 for four city Capital Improvement Projects; and $440.400
for administration and planning/coordination activities. The U.S. Housing and Urban Development Department
(HUD) requires a written agreement between the City and each subrecipient of CDBG and HOME funds.
RECOMMENDATION: That the City Council adopt the resolution approving the agreements with the
social service and community development organizations; and authorize the Mayor to execute the agreements.
BOARDS/COMMISSIONS RECOMMENDATION: The Cultural Arts Commission, Housing Advisory
Commission, and the Parks and Recreation Commission made funding recommendations which were
considered by Council in approving the CDBG budget on May 5, 1998.
DISCUSSION:
The agreements between the City and the subgrantees cover the period from July 1, 1998 to June 30,
1999. Each agreement has several exhibits attached which are incorporated into the agreements. An
example of an Agreement and the exhibits are attached as follows:
xp Exhibit A: The SrA rEMENr OF WORK ANO PERFORMANCES SCHEOUlf describes the services the agency will
111: be providing and the estimated number of people who will be provided each of these
services each month. This performance schedule will be used to monitor each agency's
progress in completing the scope of work. NOT SCM'NED
The IrEM1ZEo BUOGEr shows exactly how the agency intends to expend the CDBG funds.
This itemized budget will be used to monitor expenditures through the year.
?f---I
Page 2. Item -
Meeting Date 05/19198
Exhibit C: The HUD INCOME LIMITS FOR THE SAN DIEGO STANOARO METROPOLITAN STATISTICAL AREA
(revised January 1998) will be used to determine the number of low income
households/persons served. Each program is required to serve a minimum of 51 percent
low-income persons/household.
Exhibit 0: City of Chula Vista Party Disclosure Form. NO1' SCANNEJ)
The agreements are with the following organizations for the purpose and amount stated:
Boys & Girls Club. Maintenance $15,000
St. Charles Nutrition Center $2,500
Adult Protective Services $7,000
lSS - Project Hand $12,000
SBCS Graffiti Removal $30,000
SBCS Office Rent - CDBG funds $22,000 1
- HOME funds $39,200
1 South Bay Community Services Office Rent received funding approval in the amount of $61.200
($22,000 in CDBG funds and $39,200 in HOME funds).
?)/;¿
Page 3. Item -
Meeting Date 05/19198
Southwestern College - South County Career Center $16,000
Chula Vista American Little League $50,000
Chula Vista Human Services Council $28,000
FISCAL IMPACT: These contracts, totaling $846,540, will be funded out of the City's 1998-99 CDBG
and HOME entitlement funding ($807,340 from CDBG and $39,200 from HOME). In the remote event that
HUD should withdraw the City's CDBG or HOME funding, the agreements provide that the City is not
obligated to compensate the subgrantees for program expenditures.
IJF) H:\HOME\COMMOEV\STAFF.RE~O5.19.98\agmt (May 8, 1998 (9:58811111
8<-- :5
RESOLUTION NO. / trq 9 ç
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AGREEMENTS FOR FY 1998-99 BETWEEN THE CITY OF
CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, the City participates in the Community Development Block Grant (CDBG)
and HOME Investment Partnership (HOME) programs, a principal goal of which is to fund projects
and services which will benefit low-income Chula Vista households; and
WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on April
7, 1998 to review and receive public comment on the draft Consolidated Annual Plan for fiscal
year 1998-99; and
WHEREAS, on May 5, 1998 the City Council of the City of Chula Vista approved
the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
program budgets for fiscal year 1 998-99; and
WHEREAS, the City is desirous of having certain services for the benefit of low-
income households performed by the Grantee; and
WHEREAS, Grantees warrant and represent that they are experienced and staffed
in a manner such that they can prepare and deliver the services required by Grantor within the
timeframe herein provided all in accordance with the terms and conditions of this Agreement; and
WHEREAS, in the event that HUD should withdraw the City's CDBG and HOME
funding, the City is not obligated to compensate the subgrantees for program expenditures.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby find, order, determine, and resolve as follows:
SECTION 1. The City Council does hereby approve the following CDBG Agreements, known by
the following Document Number adjacent thereto, copies of which are on file in the
Office of the City Clerk.
Chula Vista Youth Services Network CO98- $112,198
Boys & Girls Club - Maintenance CO98- $15,000
Meals on Wheels of Greater San Diego CO98- $12,000
St. Charles Nutrition Center CO-98 $2,500
LSS - Shared Housing CO98- $4,000
Adult Protective Services C098- $7,000
~"i
Access Center/ARC of San Diego CO98- $5,000
LSS - Project Hand CO98- $12,000
CV Family Violence Prevention & Intervention C098- $33,000
Thursdays Meal CO98- $4,000
Chula Vista Therapeutic Program CO98- $25,000
Chula Vista Literacy Team Center CO98- $14,000
Otay Recreation Center CO98- $64,563
LSS - Caring Neighbor Program CO98- $23,835
SBCS - Graffiti Program CO98- $30,000
Building & Housing Community Preservation CO98- $50,000
SBCS Office Rent - CDBG funds CO98- $22,000
- HOME funds $39,200
Community Development Dept. - Section 108 Loan CO98- $20,000
Community Development Dept. - Cluster Study CO98- $25,000
Chicano Federation - Micro Loan Program CO98- $5,000
BECA CO98- $50,000
SBCSIYMCA Teen Club Rent CO98- $26,500
Southwestern College - South County Career Center CO98- $16,000
SBCS - Community Development Program CO98- $65,000
Boys & Girls Club of Chula Vista - Restroom Renovation CO98- $ 11 .7 44
Chula Vista American Little League CO98- $50,000
Chula Vista Coordinating Council - Collaborative Director CO98- $20,000
Regional Task Force on the Homeless CO98- $1,000
Fair Housing Council of San Diego CO98- $38,000
Chula Vista Human Svcs Council CO98- $28,000
Parks & Recreation Human Services Coordinator CO98- $15,000
SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chura
Vista to execute said contracts for and on behalf of the City of Chula Vista.
SECTION 3. This resolution shall take and be in full force and effect immediately upon the
passage and adoption thereof.
?~3
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter in the same in the book of original Resolutions of said City; and shall make
a minute of the passage and adoption hereof in the minutes of the meeting at
which the same is passed and adopted.
Presented by Approved as to form by
(!t~ ~~/
Chris Salomone
Director of Community Development
[(J" H:IHOMEICOMMDEVIRESOSICOBG97.RES IM,y 6, 199B 11 ,'Opm)!
2?rk/8-ll
SAHPLE AbR¡:ËHE~í
AGREEMENT SETIING OUT TERMS AND OBLIGATIONS OF
ADULT PROTECTIVE SERVICES
IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT is made this July 22, 1997, for the purposes of reference omy, and
effective as of the date last executed between the parties, between the City of Chula Vista ("City") herin,
a municipal corporation of the State of California, and Adult Protective Services, a non-profit organization
("Grantee"), and is made with reference to the following facts:
RECIIAL~
WHEREAS, the City participates in the Community Developm~nt Block Grant (CDBG)
Program, a principal goal of which is to fund programs and services which will benefit low and moderate-
income Chula Vista households; and,
WHEREAS, the City has entered into a separate funding agreement with HUD for the
City's annual CDBG entitlement.
WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated
CDBG entitlement funds on June 10, 1997, a portion of which was allocated for the Grantee; and.
WHEREAS, the City is desirous of having those certain services for the benefit of low
income households, hereinafter enumerated, performed by the Grantee; and,
WHEREAS, HUD requires the execution of a written agreement setting the terms and
obligations for the expenditure of CDBG funds by the Grantee; and,
WHEREAS, Grantee warrants and represents that they are experienced and staffed in a
manner such that they can prepare and deliver the services required of Grantee within the time frames
herein provided all in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual obligations of the parties as herin
expressed, the parties hereto agree as follows:
1. Term of Al!reement. The term of this agreement shall be for a period of one (1)
year, from July I, 1997 through June 30, 1998.
2. Statement of Work Schedule. The Grantee shall perform those duties described
in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be
provided during the term of this agreement and according to the Performance Schedule in Exhibit A,
attached hereto and incorporated herein.
3. Low Income Requirement. The services to be performed by Grantee shall be
provided primarily to persons of low income households. A minimum of 51 % of the persons provided
services shall be of low income, as determined by the most current HUD Income Limits for the San Die&,o
SMSA, a copy of which is ättached hereto and incorporated herein (Exhibit C). Grantee shall use
reasonable means to determine the income level of each person or family served.
g"' 7. 1 U9?~¿J9g-
~ / g'7~5
4. Compensation and Bud!!et. In consideration for Grantees perfonnance
of the work described in Section 2 hereof and on the condition the City receives sufficient CDBG funds
and appropriates them for the purposes provided for in this Agreement, the City shall reimburse Adult
Protective Services up to a maximum of $7,850 (Seven Thousand Eight Hundred Fifty Dollars), payable
as set forth in Section 5 below. An itemized budget for said reimbursable expenses is set forth in Exhibit
B, attached hereto and incorporated herein by reference.
5. Reimbursement Payments. Payment of those City appropriated funds shall be
made to Grantee in monthly or quarterly installments, in arrears, as detennined by the Grantee as set forth
in Exhibit B, following receipt of the "CDBG Expense Reimbursement Claim Form" from the Grantee.
Expenses itemized on the "Expense Reimbursement Claim Form" shall be limited to actual expenses
incurred during the period specified on said form, and shall not include any anticipated costs. Grantee
shall attach xeroxed copies of all source documentation, such as receipts, bills, time sheets, etc. as
sha1l provide reasonable proof of actual expenses incurred, Reimbursement Claim Fonns will not be
processed unless accompanied by the required documentation. Spreadsheet formats are not acceptable.
The Grantee understands and accepts that in the event that HUD should withdraw the City's CDBG and
HOME funding, the City is not obligated to compensate said Grantee for its expenditures.
6. Reports. The Grantee shall provide the City with a quarterly report, submitted no
later than 40 days after the last day of the previous quarter, which includes a narrative of the services
provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter.
Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the
report has been submitted. In addition, said report shall include the following statistical data for
personslhouseholds served during the previous quarter;
(a) the total number of personslhouseholds served;
(b) the number of personslhouseholds receiving each type of service
provided;
(c) of the persons/households served, the number of residents and non-
residents of Chula Vista;
(d) annual gross household income by standard categories, adjusted for
family size (low, moderate, other);
(e) race or etlmicity according to standard categories (Black, Hispanic,
Asian/Pacific Islander, Native American, White);
(f) number of female-headed households served;
(g) narrative of contract objectives (in Agreement) comparing current
objectives vs. original objectives in Agreement. Provide
explanation if not meeting original objectives.
7. Assignment. Because of its unique qualifications, City is looking solely to Adult
Protective Services to perform the work designated in this Agreement. The performance of this Agreement
may not, by sub-agreement, Ite assigned to any other entity without prior written consent of the City. \
¡Z O/~
--------------
8. Financial Records and Audits. The Grantee shall maintain all financial records for
three years following the tenn of this Agreement. The City, at its discretion may require the Grantee to
provide or allow the City to undertake a complete financial and program audit of its records. Those
records shall contain, at a minimwn, the following infonnation for each client served: income, residency,
and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City
CDBG funds.
9. Representatives. The Community Development Director, or his/her designated
representative, shall represent the City in all matters of this Agreement. The City, at its discretion may
require the Grantee to provide or allow the City to undertake a complete financial and program audit of
its records. Those records shall contain, at a minimwn, the following infonnation for each client served:
income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures
made with City CDBG funds.
10. Unifonn Administrative Requirements. The Grantee shall comply with the
applicable unifonn administrative requirements as described in HUD regulation 24CFR 570.502. This
HUD regulation requires compliance with certain sections of 24 CFR part 85 "Unifonn Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments".
11. Other Program Req¡Iirements. The Grantee sbaII carry out each activity specified
under this Agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the
following exceptions: a) The Grantee does not asswne enviromnental responsibilities described at 24 CFR
570.604; b) The Grantee does not asswne responsibility for initiating the review process under the
provisions of 24 CFR 570.612.
12. Accounting Procedure. The Grantee agrees to abide by the requirements of OMB
Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee sbaII account for use of Block
Grant funds separately from other funds so as to demonstrate that the funds are used for their designated
purposes.
13. Program Income. Any program income derived from CDBG funds shall be
reporteji to the City and shall only be used by grantee for the services funded under this Agreement. All
provisions of this Agreement shall apply to the use of program income for said activities. Said program
income shall be substantially disbursed for said services before the City will make additional
reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is
received after expiration of this agreement, then said program income shall be paid to the City.
14. Conditions for Reli!!ious Organizations. If the Grantee is a religious entity,
affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD
regulations 24 CFR 570.200G) which prohibits discrimination on the basis of religion and prohibits the use
of funds for religious activities, and places other restrictions and limitations on the Grantee.
15. Drug-free Work;place. The Grantee shall maintain a drug-free workplace at all
times for the duration of this contract.
16. I nbbyin!! of Federal Officials. The Grantee sbaII not use any funds provided under
this Agreement to pay any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any cooperative
agreement, and thè extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned
purposes, then the Grantee shall complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report
Lobbying", in accordance with its instructions.
~ g-;-C)
17. ~. Grantee represents that it, and its agents, and staff employed by it are
protected by worker's compensation insurance and has coverage under public liability and property damage
insurance policies which this Agreement requires to be demonstrated in the form of a certificate of
insurance. Grantee will provide, prior to commencement of the services required under this Agreement
the following certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus
$1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000
combined single limit which names the City as additional insured, and which is primary to any policy
which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in
the same manner as members of the general public ("cross-liability coverage"). The insurance shall be
issued by an admitted carrier with a Best's rating of A-V or better, except as otherwise approved by the
City it its sole discretion.
18. Hold Harmless. Grantee shall defend, indemnify 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 limited attorney's fees) arising out of the conduct of the Grantee, or any agency
or employee, or others in connections with the 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. Grantee indemnification shall include any and all costs, expenses, attorney's fees and
liability incurred by the City, its officers and agents, or employees in defending against such claims,
whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officer, agents, or
employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration
by the Grantee.
19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43,
Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to
default by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to
circwnstances within or beyond the Grantee's control. The award may be terminated for convenience in
accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of
California.
20. Agreement Modification. This Agreement may not be modified orally or in any
manner' other than by an agreement in writing signed by the parties hereto.
21. Breach of Contract. The parties reserve the right to pursue any remedy provided
under California law for remedy in instances where contractors violate or breach contract terms.
22. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer
to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds, including any program income derived from CDBG funds.
23. Entire Agreement. This Agreement represents the entire agreement between the
parties and supersedes any previous or contemporaneous written or oral agreements.
Next page for signature page.
/ 0'/0
IN WIT~WHEREOF, City and Grantee have executed this Agreement this ~daY of
'j>/ ,1997.
CITY OF CHULA VISTA
~
BY:
Shirley Horton
Mayor, City of Chula Vista
ATTEST;
'i?~ ¿J- {2¿ all
City Cl k
APPROVED AS TO FORM BY:
~Q
ey ~
ty Attorney
ADULT PROTECTIVE SERVICES
BY:'frfnøI'lfh, ilJf
'J '
/ ?I'I!
-'.
IfIÞ Adult EXHIBIT A
~~~~~~~eInC. .
A privata, non-profit agency providing services
to seniors in San Dtego County.
2840 Adams Avenue, Suite 103, San Diego
California92116-1404 . (619) 283-5731
Statement of Work and Performance Schedule
The Community Development Block Grant funds will be used to provide
disabled elderly Chula Vista residents transportation to and from the South Bay
Adult Day Health Care Center. Adult Protective Services Inc., will furnish the
Community Development Department of Chula Vista with quarterly reports on the
characteristics of the persons served - number, gender, ethnicity and whether of
low or lower income as defined for the San Diego Metropolitan Area. 100% will
be disabled, over 60, residents of Chula Vista and within the HUD income
guidelines. The program serves 85 persons at anyone time whom are eligible
for this assistance. However, the reports will be made on actual numbers of
people served by the CDBG Grant funds. The $7,850 will be used to purchase
approximately 325 trips per month from Handy trans.
It is the objective of this program to restore as many disabled elderly as
possible to an increased level of self-care so as to avoid both nursing home
placement and the breakdown of home caregivers.
<6'" Jet
OVER TWENTY-FIVE YEARS OF EXCELLENCE
EXHIBIT B
SOUTH BAY ADULT DAY HEALTH CARE CENTER
BUDGET FY 97-98
BUDGET 97-98
---~- --------- --------- -------- ------ - ---~cc_~cc_---
REVENUES
MEDICAL 702263
SHARE OF COST 5684
VETERAN ADMINISTRATION 60732
PARTICIPANT FEES 20992
NUTRITION - DEPT. OF EDUCATION 29511
CITY OF CHULA VISTA (CDBG) 7850
INTEREST & DIVIDENDS 500
TOTAL REVENUES 827532
--------~---------- -------
- --------------------- -
EXPENSES
WAGES & SALARIES 456791
FRINGES 117218
CONSULTANTS 50323
AUDITING 910
EQUIPMENT, MAINTENANCE & REPAIR 2825
PAYROLL SERVICES 3675
RENT, MAINTENANCE & JANITOR 32400
UTILITIES 5000
TELEPHONE 4000
INSURANCES 14000
OFFICE SUPPLIES AND MINOR EQUIPMENT 15000
OTHER SUPPLIES 7000
POSTAGE 2000
MILEAGE 5500
TRANSPORTATION / 38500
TRAINING f 540
PRINTING 985
SUBSCRIPTIONS ::t~ 980
BANK SERVICE CHARGES 100
EMPL YEES' ADS 500
DEPRECIATION 1000
PHYSICAL EXAMS 150
FOOD COSTS 58000
CONFERENCE, MEETINGS 200
ORGANIZATION DUES 700
OTHER COSTS 9235
------ -- --- - -- ---- - - - ------- - ----------- -
TOTAL EXPENSES: 827532
- --- --- - --- - - - - -- -
- - --------------- ----- - ---~~-------~~-_._-- .------- - --------
QUARTERLY BILLING IS REQUESTED INSTEAD OF MONTHLY.
8"~ / J
6932 INCOME UMITS JANUAn Ý 1997 ~~~i,~!~=~
NUMBER OF PERSONS IN FAMILY
COUNTY STANDARD 1 2 3 4 5 6 7 8
SAN DIEGO Very low income 50'1.17000 19450 21850 24300 26250 28200 30150 32100
Area median: Lower income \?b~o 27200 31100'35000 38900 '42000 45100 48200 '51300
$48,600 Median income \ooo¡, 34000 38900 43750 48600 52500 56400 60250 64150
Moderate income""",40800 46650 52450 58300 62950 67650 72300 76950
SAN FRANCISCO Vary low income 22550 25750 29000 32200 34800 37350 39950 42500
Area median: Lower income 31450 35950 40450 44950 48550 52150 55750 59350
$64,400 Median income 45100 51500 57950 64400 69550 74700 79850 85000
Moderate income 54100 61850 69550 77300 83500 89650 95850102050
SANJOAOUIN Very low income 14900 17050 19150 21300 23000 24700 26400 28100
Area median: Lower income 23850 27250 30650 34100 36800 39550 42250 45000
$42,600 Median income 29800 34100 38350 42600 46000 49400 52800 56250
Moderate income 35750 40900 46000 51100 55200 59300 63350 67450
SANWISOBISPO Very low income 15350 17500 19700 21900 23650 25400 27150 28900
Area median: Lower income 24550 28050 31550 35050 37850 40650 43450 46250
$43,800 Median income 30650 35050 39400 43800 47300 50800 54300 57800
Moderate income 36800 42050 47300 52550 56750 60950 65150 69350
SAN MATEO Very low income 22550 25750 29000 32200 34800 37350 39950 42500
Area median: Lower income 31450 35950 40450 44950 48550 52150 55750 59350
$64,400 Median income 45100 51500 57950 64400 69550 74700 79850 85000
Moderate income 54100 61850 69550 77300 83500 89650 95850102050
SANTA BARBARA Very low income 17350 19800 22250 24750 26750 28700 30700 32650
Area median: Lower income 27700 31700 35650 39600 42750 45950 49100 52250
$49,300' Median income 34650 39600 44550 49500 53450 57400 61400 65350
Moderate income 41600 47500 53450 59400 64150 68900 73650 78400
SANTAClARA Very low income 24550 28100 31600 35100 37900 40700 43500 46350
Area median: Lower income 30450 34800 39150 43500 47000 50450 53950 57400
$70,200 Median incom.. 49150 56150 63200 70200 75800 81450 87050 92650
Moderate income 59000 67400 75850 84250 91000 97750104450111200
SANTACRUZ Very low income 19650 22500 25300 28100 30350 32600 34850 37100
Area median: Lower income 31450 35950 40450 44950 48550 52150 55750 59350
$55,200 Median income 39350 44950 50600 56200 60700 65200 69700 74200
Moderate income 47200 53950 60700 67450 72850 78250 83650 89050'
SHASTA Very low income 12650 14450 16250 18050 19500 20950 22400 23850
Area median: Lower income 20200 23100 26000 28900 31200 33500 35800 38100
$36,100 Median income 25250 28900 32500 36100 39000 41900 44750 47650
Moderate income - 30300 34650 38950 43300 46750 50250 53700 57150
/'
vI?
~
(5//1 ~f.
-- EXHIBIT D
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following formation must be disclosed.
1. List the names of all persons having a financial interest in the contract, i.e. contractor, subcontractor,
material supplier.
ADULT PROTECTIVE SERVICES, INC.
CITY OF CHULA VISTA
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
NONE
3. If any person identified pursuant to (1 ) above is non-profitorganization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
SEE ATTACHED LIST
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months?
YES- NO....!... If YES, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
MALACHY J. MURPHY
NANCY HITCHCOCK
6. Have you andlor your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? YES- NO.JL
If yes, state which Councilmember(s):
PelSon Is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organizafion, COJpOI'Bfion,
estate, trust, receive~ syndicate, this and any other county, city and country, city, municipality, district or other polifical subdivision, or
any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
Date: 07/29/97 'f1t "d,,~~~
Signature contractorla pllcant
MALACHY J. MURPHY
Print or type name of contractorlapplicant
M,IHOMElCOMMDEVlMASTtRS\OISCLOSE.TXT (Augu,' 22.1986) ~r)5
_..-.--~------
COUNCIL AGENDA STATEMENT Item~
Meeting Date 5/19/98
ITEM TITLE: Resolution / 8"91 ~ Awarding a contract to Roberts Engineering
Contractors for repair of the failed storm drain at Malta Avenue (CIP
project No. DR139), appropriating funds to cover this contract and previous
emergency work and declaring all work done and to be done as an urgent
necessity for the preservation of life, health and property
SUBMITTED BY: Dk,,"" of Publk WO'k~~
REVIEWED BY: City Manage~ ~ A (4/5ths Vote: Yes..x..No_)
On February 8, 1998 the El Nino rains caused a sink hole to open up at 1655 Malta Avenue. The
County Board of Supervisors declared the entire County a disaster area in early February for the
major storms beginning in February. Under the authority given the City Manager to authorize
emergency work we contracted for immediate assistance to make the area safe. However, after
investigating the entire storm drain it became apparent that a much longer portion of the storm
drain needed to be lined. Staff prepared specifications and requested bids from three contractors
to do the work. The contract has now been negotiated and is ready to be approved.
RECOMMENDATION: That Council approve the resolution awarding a contract for Emergency
Work for the Slip Lining of the Malta Avenue/Myra Court Storm Drain System to Roberts
Engineering Contractors in the amount of $127,200, appropriating $350,000 from the
unappropriated balance of the Trunk Sewer Capital Reserve Fund as a loan to the Storm Drain
Revenue Fund for this contract and previous emergency work and declaring all work done and to
be done to be of an urgent nature to protect life, health and property.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION: In response to the emergency of the sink hole on Malta Avenue staff contracted
with Ortiz Construction Company to repair the storm drain in the immediate vicinity of the sink
hole, to make the area safe and to prevent damage to adjacent homes. We have compensated Ortiz
Construction $71,616.54 for this work performed during the February 8 to February 14 period.
However, those funds need to be appropriated. Further investigation revealed that additional
portions of the storm drain were in danger of failing. Due to the condition of the system, it was
decided that it was necessary to repair the section of the storm drain starting south of the property
located at 1655 Malta Avenue and ending on the north at the Malito Court/ Myra Street
intersection. That section of the system is continuing to collapse and must be removed or relined
to prevent future problems.
Due to the emergency situation created by the condition of the pipe and the continuous threat of
rain, we hired Roberts Engineering Contractors in an attempt to repair this section of the system.
That work was being done on a time and material basis under the provisions for emergency work.
Unfortunately, the repair work was stopped after Roberts had dug a 25 + foot deep insertion pit
9--/
Page 2, Item -
Meeting Date 5/19/98
which would enable to the liner to be inserted into the existing pipe because a portion of the
partially collapsed pipe located immediately adjacent to 1655 Malta Avenue could not be removed
as planned. To assure that the repair work would be done in an efficient and cost effective manner,
it was decided to request bids from contractors familiar with this type of work.
On March 18,1998 under authority given to staff for emergency work we requested informal bids
from three contractors to do the emergency storm drain repair work. Requests for bid proposals
were sent to T.C. Construction, Roberts Engineering Contractors and Ortiz Construction. All
three responded.
T.C. Construction did not want to do the work because of their current emergency work load.
Roberts Engineering Contractors submitted a bid for $130,980.00 and Ortiz Construction
submitted a bid for $191,000.00.
The bids for Roberts Engineering and Ortiz Construction are for the same type of repair, but they
propose different pipe lining materials and construction techniques. Both bids are reasonable
considering the different repair materials proposed. However, the system proposed by the lowest
bidder, Roberts Engineering, is adequate to accomplish the repair as requested by the City.
After reviewing the bid from Roberts Engineering, we determined that one item proposed by
Roberts as additional work could be deleted. The proposed work was to resurface portions of the
intersection at Malta Avenue and Myra Street and it was determined that City forces could do that
work. Therefore, we have prepared a contract with Roberts Engineering in the amount of
$127,200. In order to further protect the City from potential litigation due to the settlement of the
two homes affected by the work, we propose to obtain the services of Kleinfelder Geotechnical
Engineers, our contract geotechnical/material testing contractors to establish a monitoring system
to monitor for possible settlement which could affect the houses. No cost estimate for this work
has been received from Kleinfelder as of this date, however, it is expected to be about $10,000.
In addition to the above work, our contract with Roberts Engineering Contractors contains a clause
that provides for the construction of additional lining insertion pits (if necessary) at a cost of
$8,400 per pit. The additional insertion pit(s) would become necessary should further
obstruction(s) due to pipe collapses occur prior to completion of the work, or in the event the
lining material cannot be inserted without removal of a section of the pipe. Based on the TV
inspection tapes we have reviewed, we expect that no more than one additional pit should be
necessary. Sufficient contingency funds have been included to cover the cost of an additional pit.
Thus, the work we propose to have Roberts Engineering commence as early as next week, will
cost no more than $135,600 ($127,200 for the base contract plus $8,400 in additional work in the
event an additional insertion pit becomes necessary). In addition, we estimate the monitoring
services to be provided by Kleinfelder to cost about $10,000.
9- c2.
Page 3, Item -
Meeting Date 5/19/98
Disclosure Statement
A copy of the contractor's disclosure statement is attached.
Prevailin~ Wa~e Statement
The source of funding for this project is Trunk Sewer Capital Reserve Funds as a loan to the Storm
Drain Fund. Contractors bidding 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.
Environmental Statement
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under Section 15301, Class I(c) of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
FISCAL IMPACT:
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $127,200.00
B. Contingencies $15,400.00
C. Staff Cost - Inspection and design 25,400.00
D. Geotechnical/material testing 10,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $178,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Fund 227 - Storm Drain Revenue Fund - Loan from $178,000.00
Trunk Sewer Capital Reserve Fund to CIP Project No.
DR139
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $178,000.00
Funds for this emergency work were not included in the FY 97-98 CIP budget and, therefore an
appropriation of funds needs to be made. The project is proposed to utilize Trunk Sewer Capital
Reserve Funds as a loan to the Storm Drain Fund. CIP Project No. DR139 has been 8et up for
this project.
9-3
Page 4, Item-
Meeting Date 5/19/98
While the bill for Ortiz's work has been paid under authority for doing emergency work, funds
need to be appropriated to cover the contract payment and staff time charges. The total amount
to be appropriated for this part of the emergency work is $ $97,000 ($71,616.54 for the contract
plus $25,383.46 for estimated staff charges).
In addition, staff is reviewing Robert's bill for the previous work done in attempting to repair the
pipe. That emergency work was done on a time and materials basis. The bill will not exceed
$50,000. In order to cover staff charges for this work an e8timated $25,000 is also needed.
Therefore, in order to cover the full cost of the second phase of work $75.000 needs to be
appropriated.
Amount to be
Item - Including all related staff time and other charges appropriated
A. Funds required for contract for lining of existing storm $178,000.00
drain by Roberts Engineering Contractors
B. Initial Emergency work by Ortiz Construction 97,000.00
C. Emergency work by Roberts Engineering Contractors 75,000.00
Total Amount to be Appropriated $350,000.00
The total amount to be appropriated from the Trunk Sewer Capital Reserve Fund as a loan to the
Storm Drain Fund is $350,000. Both the State of California and the Federal government have
declared this area a disaster area. State and Federal disaster funds are anticipated to be available
to reimburse approximately 93.75% of the costs. The Federal disaster assistance program will
pay 75% of the approved costs and the State will pay 18.75% of the approved costs. Therefore,
staff expects to receive approximately $328,125 in reimbursement. The loan repayment will
include interest at the City's quarterly pooled investment rate.
Exhibit A - Contractor's Disclosure Statement NOT SCANNED
H: \HOMBIEN GINEERIAGENDA \MALT A3. CLS
May t2. t998
9-1
RESOLUTION NO. /zrq?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A CONTRACT TO ROBERTS
ENGINEERING CONTRACTORS FOR REPAIR OF THE
FAILED STORM DRAIN AT MALTA AVENUE AND
APPROPRIATING FUNDS TO COVER THIS CONTRACT AND
PREVIOUS EMERGENCY WORK
WHEREAS, On February 8, 1998 the EI Nino rains caused a
sink hole to open up at 1655 Malta Avenue; and
WHEREAS, the county Board of supervisors declared the
entire County a disaster area in early February for the major
storms beginning in February; and
WHEREAS, under the authority given the City Manager to
authorize emergency work, the City contracted for immediate
assistance to make the area safe; and
WHEREAS, after investigating the entire storm drain it
became apparent that a much longer portion of the storm drain
needed to be lined and staff prepared specifications and requested
bids from three contractors to do the work; and
WHEREAS, the contract has now been negotiated and is
ready to be approved; and
WHEREAS, the source of funding for this project is Sewer
Funds as a loan to the Storm Drain Fund and contractors bidding
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; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is exempt under section 15301, Class l(c) of the
California Environmental Quality Act (Minor Alterations of Existing
Public Improvements or Public Structures).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby award a contract for Emergency Work
for the Slip Lining of the Malta Avenue/Myra Court Storm Drain
System to Roberts Engineering Contractors in the amount of $127,200
and declares all work done and to be done to be of an urgent nature
to protect life, health and property.
BE IT FURTHER RESOLVED that the amount of $350,000 is
hereby appropriated from the unappropriated balance of the Trunk
Sewer Reserve Fund as a loan to the Storm Drain Revenue Fund for
this contract and previous emergency work.
Presented by Approved as to form by
John P. Lippitt, Director of orney
Public Works
c: Irslmalta. rep
u- ---- -.-----.----
-- 08/11/111 liON 011:11 PAX 818 181 U7l CHULA VISTA BIIGIIIIDJNC; .
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COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 5/19/98
ITEM TITLE: Report; Formation of the San Miguel Ranch Sectional Planning Area (SPA)
Plan Citizens Review Group
Resolution: / %1'77Establishing a Citizens Review Group for the San
Miguel Ranch Sectional Planning Area Plan
SUBMITfED BY, D""",, of P- ~ ~
REVIEWED BY: City Manag~ a (4/5ths Vote: Yes_NoX)
Trimark Pacific - San Miguel LLC, has su ittect;;;plications for the processing of a Sectional
Planing Area (SPA) Plan and associated Subsequent Environmental Impact Report (SEIR) for the San
Miguel Ranch project. A condition of approval for the previously adopted General Development
Plan (GDP) requires the formation of a citizens committee to provide input into the SPA planning
process for the project. This report requests Council approval of proposed committee members and
guidelines for the committee's operation.
RECOMMENDATION:
That Council adopt the attached Resolution approving:
1. A list of nominees to serve as members of the San Miguel Ranch SPA Citizens Review
Group, and
2. Proposed guidelines for the operation of the Group.
BOARDS AND COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Citizens Review Group Formation and Membership Nominees
As part of the prior planning process for the San Miguel Ranch GDP, Council required formation
of a citizens advisory conunittee to provide input to the project's review. This was due in large part
to the project's location in relation to the existing, unincorporated Bonita/SUIUlyside conununity, and
the fact that the project property has yet to be annexed to the City. On December 17, 1996, Council
adopted Resolution No. 18532 approving the GDP. Section C.lO of that Resolution states "The San
Miguel Ranch Citizens Advisory Committee, presently appointed and serving, shall continue to
provide citizen input into the SPA Plan and subsequent Tentative Map process required by the
previous resolution of approval (Resolution 17057) ". On September 11, 1997, an application for a
SPA Plan for the San Miguel Ranch was submitted by Trimark Pacific - San Miguel LLC. Now that
a SPA Plan application is being processed, staff is returning to Council to re-establish the citizens
committee.
/¿:;---j
Page 2, Item-
Meeting Date 5/19/98
Although Resolution No. 18532 indicated continuation of the committee appointed and serving as of
December 1996, the passage of time and some changes in member affiliation with respect to the
constituencies represented, warranted that the committee be re-constituted. Consistent with the prior
composition of the GDP level CAC. the following represents the proposed SPA Citizens Review
Group (CRG) membership:
Representative from the Sweetwater Community Planning Group
Representative from the Sweetwater Civic Association
Resident of the adjacent Bonita/Sunnyside area
Resident of the adjacent Eastlake/Salt Creek I area
Non-resident adjacent property owner
At-large member
Representative of the environmental community
Staff employed the following processes to solicit interest for needed membership updates, and to
establish proposed nominees: (1) notices requesting interested persons to call the Planning
Department were mailed to each of the members of the Sweetwater Community Planning Group and
Civic Association, local.environmental groups, and to all property owners in the vicinity of the
project site in the Sunnyside and Eastlake/Salt Creek areas; (2) after phone contacts with their
chairpersons, the Sweetwater Community Planning Group and Civic Association appointed their
proposed representatives. Among area property owners/residents who expressed interest through
phone contacts, nominations were made based on those properties directly adjacent to the project site,
and length of time of ownership and residency. Nominee selection for the adjacent Sunnyside area
resident-owners was further intended to allow Georjean Jenson to continue from the GDP committee,
while providing an additional, long-standing neighboring owner (Ron Speyer) the opportunity to
become involved; (3) the at-large City member (Barbara Gilman) is continuing from the GDP
committee; and, (4) the environmental representative (Allison Rolfe), is conducting a graduate study
on the MSCP.
Exhibit 1, attached to the draft Council resolution, lists the proposed nominees who have agreed to
serve as members/alternate members of the CRG.
Renaming the CAC to the "Citizens Review Group (CRG)"
It should be noted that staff and the applicant are requesting a change in nomenclature for the SPA
level citizens committee. Since processing of the GDP. other formal "citizens advisory committees
(CACs)" have formed in the context of the State Route 125 Tollroad project. For the sake of clarity,
and to avoid confusion with other groups, it is proposed that our committee be entitled as the "San
Miguel Ranch SPA Citizens Review Group (CRG)".
/ð--cÅ
Page 3, Item-
Meeting Date 5/19/98
Citizens Review Group Guidelines
Attached as Exhibit 2 to the draft Council Resolution are guidelines for the conduct of the CRG.
These guidelines were used for the prior committee which reviewed the GDP, and are appropriate
for the SPA review as well.
The San Miguel Ranch project will require approval of the following discretionary actions:
I) Sectional Planning Area (SPA) Plan,
2) Tentative Subdivision Map(s),
3) Annexation of part or all of the property to the City, and related detachments from certain
special districts.
A Subsequent Environmental Impact Report assessing potential impacts for each of the above actions
will also be processed. Staff anticipates that processing of the above actions and the SEIR will be
completed by early 1999.
A rough, tentative schedule/master agenda for CRG's meeting is presented in Attachment A.
F1SCAL IMPACT:
Creation of the Citizens Review Group for the San Miguel Ranch SPA will result in additional staff
time devoted to working with the Group. Staff costs associated with CRG support, however, will
be paid through the applicant's processing deposit account, and no additional costs to the City will
result.
Attachments: A. Citizens Review Group Tentative Schednle/Master Agenda
(H ,IHOMEIPLANNINGIKIRKISANMGL ICAe. A I 3)
It? - ;r
RESOLUTION NO. Iff'???
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
ESTABLISHING A CITIZENS REVIEW GROUP FOR THE SAN MIGUEL
RANCH SECTIONAL PLANNING AREA PLAN
WHEREAS, a prior citizens Advisory Committee was formed to
review the San Miguel Ranch General Development Plan (GDP) proposal
prior to City Council Action; and
WHEREAS, on December 17, 1996, the City Council approved the
San Miguel Ranch GDP; and
WHEREAS, that approval conditioned the continuation of a
citizens committee to provide input on the future San Miguel Ranch
sectional Planning Area (SPA) Plan prior to action on that request;
and
WHEREAS, on September 11, 1997, an application for a SPA Plan
for the San Miguel Ranch was submitted by Trimark Pacific - San
Miguel LLC; and
WHEREAS, a representative number of citizen volunteers have
been identified by the city for membership on the proposed San
Miguel Ranch SPA Citizens Review Group; ~'\
NOW THEREFORE BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby establish a citizens Review Group for
the San Miguel Ranch SPA Plan with volunteers from each of the
following groups, and as named on Exhibit 1 attached hereto:
1) Sweetwater Community Planning Group
2) Sweetwater civic Association
3) Adjacent BonitajSunnnyside area residents
4) Adjacent EastlakejSalt Creek I area residents
5) Adjacent non-resident property owners
6) City of Chula vista resident at-large
7) Environmental group (MSCP) participant
BE IT FURTHER RESOLVED that the citizens Review Group shall
conduct it business, and present its recommendations on the'San
Miguel Ranch SPA to the Planning Commission and the city council
pursuant to the guidelines set forth in Exhibit 2 attached hereto.
Presented By Approved as to form by
£. . 'J?71 /;./. -¡Z, " .,-,-
~ff,r~'Y' .1' ...1-':',;.. ß..:.'-. ,?l.e_..J;"
Robert A. Leiter John M. Kaheny .'i .j.c-
Director of Planning City Attorney
(C: \RS\san.igel.crg)
/c-1
PROPOSED APPOINTEES TO THE SAN MIGUEL RANCH SPA CITIZENS
REVIEW GROUP
The following persons have agreed to serve on the San Miguel Ranch SPA Citizens Review
Group as representatives of their respective constituencies:
Sweetwater Community Planning Group
Uwe Werner
Tony Ingrassia (alternate)
Sweetwater Civic Association
Ray Yrnzon
Ernie Schnepf (alternate)
Residents of Adjacent Sunnyside Area
Ron Speyer
Georjean Jenson
Residents of Adjacent Eastlake/Salt Creek I Area
Phil Gaugham
Joanne Malcolm (alternate)
Non-resident Adjacent Property Owners
Warren Oakland
Judy Tieber (alternate)
At-large City Member
Barbara Gilman
Environmental (MSCP) Participant
Allison Rolfe
(H: IHOMEIPLA NNINGlKtRKISANMGL ICA C-LtSr. DOC)
//< S- ~1
GUIDELINES FOR THE OPERATION AND CONDUCT OF THE CITIZENS
REVIEW GROUP (CRG) FOR THE SAN MIGUEL RANCH SECTIONAL PLANNING
AREA (SPA) PLAN PROJECT
(5/19/98)
1. The composition of the CRG shall be as designated in Resolution #18977 dated May 19,
1998.
2. The CRG shall perform the following functions:
a. Review materials related to the proposed San Miguel Ranch Sectional Planning
Area (SPA) Plan in relation to the City of Chula Vista General Plan, Zoning and
Growth Management Ordinances, and the approved San Miguel Ranch General
Development Plan (GDP).
b. Make recommendations to the City Planning Commission and the City Council
on the San Miguel Ranch SPA Plan proposals.
3. The CRG shall meet at least once a month, and shall conduct the meetings in an efficient
manner so as to conclude its deliberations in a timely manner. In no case shall the
CRG's deliberations interfere with the public hearing schedule established by the City.
4. A voting quorum of the eight-member CRG shall be five (5) members (either primary
or alternate) present and eligible to vote. Alternate members will be eligible to vote only
when the regular member is absent or otherwise unable to vote. Five (5) affirmative
votes shall be required to pass a motion and/or any recommendations from the CRG.
5. Should the CRG fail to reach a majority decision, the matter shall go forward to the
Planning Commission and the City Council without a recommendation of the full CRG.
However, in any case, individual or minority opinions on the SPA project, or
components thereof, shall be provided to the Planning Commission and City Council for
their consideration as part of their public hearing material.
6. The City Planning Department shall provide staff support and assistance to the CRG, and
shall act as its secretary.
(H, IHOMElPLANNINGlKlRKISANMGL ICAC-GIDE. DOC)
/J - {o 4¡~2
SAN MIGUEL RANCH SECTIONAL PLANNING AREA (SPA) PLAN
CITIZENS REVIEW GROUP
Tentative Schedule / Master Agenda
The following is meant to convey the proposed manner in which the San Miguel Ranch SPA
Citizens Review Group will conduct their review of various project components. The order of
the proposed meeting topics, as well as the topics themselves, may be altered depending on the
availability of data, the Group's desires and the project scheduling.
MEETING MONTH TOPIC(S)
MAY Orientation
Project History (GDP)
Proposed SPA Land Use
JUNE Biology/MSCP
Trails/Parks
JULY Traffic/Circulation
AUGUST Grading/Visual Analyses
Technical Studies
(Sewer, Drainage, Water, AQIP)
SEPTEMBER SPA Design Guidelines & District Reg's.
(Finalize Land Use)
Landscape/Planting Programs
OCTOBER Draft SEIR
NOVEMBER Group Recommendations
(H, IHOMEIPLANNtNGlKIRKISA NMGL ICAC-SCHD. DOC) ATTACHMENT A
/t? --- ?
COUNCIL AGENDA STATEMENT
Item J/
Meeting Date 5/19/98
ITEM TITLE: Report denying the request for an All-Way Stop at the intersection of Crest
Drive and Douglas Street
SUBMITTED BY: Director of Public Works ,,-fn
REVIEWED BY: c;,y M=", ~ ~ ~ (4/5ths Vote: Yes- No..x.. )
Based on the provisions of the Safety Commission Policy, adopted by resolution of the City
Council on March 14, 1995, whenever the Safety Commission and the City Engineer differ on
the implementation of a traffic related issue, both parties have the right to appeal the matter to the
City Council for final resolution. This report, denying the request for an all-way stop at the
intersection of Crest Drive and Douglas Street, is being appealed by the Safety Commission
because the City Engineer has declined to implement the traffic control measure.
RECOMMENDATION: That the City Council accept staff's report, thereby denying the
residents request and the recommendation of the Safety Commission to install an all-way stop at
the four-way intersection of Crest Drive and Douglas Street. Instead, staff recommends increased
Police enforcement by the Patrol Units as well as the Traffic Bureau Units.
BOARDS/COMMISSIONS RECOMMENDATION:
The Safety Commission, at their meeting of March 12, 1998, passed a motion MSC 5-2
(Miller/Acton), Chair Liken and Commissioner Cochrane voting no, to approve establishing an
all-way stop sign installation at the intersection of Crest Drive and Douglas Street. This
intersection currently has stop signs on the eastbound and westbound approaches stopping Douglas
Street traffic for the through traffic on Crest Drive. Commissioner Cochrane stated he did not
think an all-way stop is warranted based on normal driving conditions. Chair Liken concurred
because the criteria established by City Council had not been reached.
At the following meeting of the Safety Commission on April 9, 1998, upon having been notified
of the decision of the City Engineer not to implement their recommendation, the Commission
voted MSUC 6-0-1 (Miller/ Acton) with Commissioner McAlister absent, to appeal this decision
to the City Council.
DISCUSSION:
In January 1998, staff held a community meeting on the proposed construction at the interchange
of Telegraph Canyon Road with I-80S. Because that project requires the prohibition of left turns
out of Halecrest Drive at Telegraph Canyon Road, traffic from the neighborhood needing to go
east will have to enter Telegraph Canyon Road at Crest Drive. While this volume of traffic is
//-/
Page 2, Item
Meeting Date 5/19/98
anticipated to be minimal, the residents in attendance still requested City staff to look at an all-way
stop on Crest Drive at Douglas Street. The request also cited the need for an all-way stop because
of the excessive speed of southbound vehicles on Crest Drive through the intersection of Douglas
Street and Crest Drive.
The intersection of Douglas Street and Crest Drive is a four-legged intersection with existing 2-
way stop signs on Douglas Street for east/west traffic. Crest Drive is a two-lane, Class III
Residential Collector Street with a 60' wide right-of-way, 40' wide pavement, with curb, gutter,
and sidewalk on both sides. Parking is allowed along both sides of the roadway. Crest Drive has
an average daily traffic (ADT) of 2450. Douglas Street is a two-lane residential street with a
varying 50'-54' wide right-of-way and 36' wide pavement. The ADT on Douglas Street is 1560
east of Crest Drive and 900 west of Crest Drive. Douglas Street has slight vertical curves east
and west of Crest Drive. A vertical curve exists through the subject intersection along Crest
Drive. Neither street has any horizontal curves.
When considering an intersection for an all-way stop control, staff studies several factors to
detennine the need for its installation. Pedestrians and vehicle volumes, accident history, physical
factors such as sight distances (sight distance is good for 300' in each direction), speed of
vehicles, and curves, both horizontal and vertical, are considered. The 85th percentile speed on
Crest Drive for both directions is 36 MPH. The 85th percentile speed in the south bound
direction is 39 MPH and in the northbound it is 35 MPH. The prima facie speed limit on both
streets is 25 MPH.
Between the dates of 1/1/93 and 11/30/97 (a period of 4.9 years) one reported accident occurred.
The accident was of the non-injury type. A westbound vehicle was involved with a southbound
vehicle in a right-angle type accident. The accident rate at this intersection computed over the
three year period of 1994-96 is 0.25 accidents per million entering vehicles. The statewide
accident rate for this type of intersection over the same period of time is 0.24 accidents per million
entering vehicles. The 0.25 accident rate is approximately equal the state-wide average.
Staff recently conducted an all-way stop warrant evaluation in accordance with Council policy.
This evaluation, which assessed points to the previously mentioned traffic factors, revealed that
this intersection received a total of 13 points out of a possible 54 points. A minimum of 30 points
is required to justify the installation of an all-way stop control unless there were overriding
considerations such as a high accident rate history of the type of accidents susceptible to correction
by an all way stop installation. The evaluation was performed using the accident history for the
twelve months preceding the date of the investigation.
1/-;2-
Page 3, Item
Meeting Date 5/19/98
Safety Commission Policy
On March 13, 1995, Council approved a policy delegating authority for certain traffic controls
(Including stop signs) to the City Engineer, with the review of the Safety Commission. The
policy states:
"The Safety Commission shall not have the authority to initiate or order implementation of a
Traffic Control Measure, but shall have the power to recommend to the City Engineer that s/he
consider a proposed Traffic Control Measure. If the City Engineer shall consider and decline to
implement a Traffic Control Measure proposed by a majority of the Commission, the Commission
shall by a vote of at least 4 Commissioners have the power to refer the matter to the City
CounciL.."
At the Safety Commission meeting of March 12, 1998, the Commission recommended installation
of an all-way stop at the intersection of Crest Drive and Douglas Street. Staff did not support that
recommendation, but indicated that staff would be willing to revisit the issue at such time as the
improvements at the Telegraph Canyon Road and I-80S Interchange are completed.
The Safety Commission heard testimony in opposition to the stop signs which indicated that the
steep grade of Crest Drive southerly of the intersection would make it difficult for stopped
northbound vehicles to start again. Other testimony from an 8 year resident produced a petition
with 17 signatures opposing the installation of the all-way stop control.
The Commission also heard testimony in favor of the stop signs which was based on a concern
that vehicles come down the hill in the southbound direction at an excessive rate of speed. A
search of accident records for Crest Drive between Douglas Street and Telegraph Canyon Road
did not reveal any reported accidents. There were two accidents at the driveway entrance into the
shopping center that did not involve south bound vehicles. The commission heard testimony that
there were gouge marks on the pavement for south bound traffic south of the intersection. A field
inspection verified this statement. However, there were also gouge marks on the pavement within
the intersection for west bound traffic which is controlled by a stop sign. This public testimony
appeared to be the primary consideration in the Commission's recommendation to install the all-
way stop. At the following meeting of the Safety Commission on April 9, 1998, upon having
been notified of the decision of the City Engineer not to implement their recommendation, the
Commission voted MSUC 6-0-1 (Miller/Acton) with Commissioner McAlister absent, to appeal
this decision to the City Council.
The intersection of Douglas Street and Crest Drive did not receive the minimum points required
under the point system criteria to warrant the installation of an all-way stop control. Staff
recommends the denial of an all-way stop at this intersection at the present time.
After the proposed improvements at Halecrest and Telegraph Canyon Road, with the proposed
elimination of the southbound to eastbound left turn, some increase in traffic volumes is expected
on Douglas Street between Halecrest and Crest Drive. Staff does not feel that this change in
/) -]
Page 4, Item
Meeting Date 5/19/98
volume will be significant, but after the improvements on Telegraph Canyon Road are completed,
staff will revisit the warrant evaluation for the installation of an all-way stop control at Crest
Drive and Douglas Street.
All previously notified area residents have been notified of tonight's meeting.
FISCAL IMPACT: None, if the City Council accepts staffs recommendation. $500.00 for two
new stop signs, limit lines, "STOP" pavement legends and two temporary "Stop Ahead" signs
with flashers are needed if the Council votes to approve installation of an all-way stop control.
~ .¡;~
Attachment: All-way Stop Study with accident history MA- , C'I,')."q I
Area plat J. 1~'0
Minutes of the Safety Commission meeting of March 12,1998 (excerpt)
Minutes of the Safety Commission meeting of April 9, 1998 (excerpt)
Speed Survey
File No.: 0760-95-CYO29
0120-1O-KY119
H: IHOMEIENGINEER IAGENDA \A WCRSTDG .DMW
/111Y,4e..IfHGAJr
//-7 /-~:¿
'-r::;o:-r ,y,..- T V",<>.:I~- - --
I COUNCIL POLICY ß J /
CITY OF CHULA VISTA
- I SUBJECT: .'ill..-WAY STOP POLICY I EFFECTIVE
- NUMBER DATE PAGE
478-03 I 04-23-91 1 OF !
ADOPTED BY: Resolution No. ]6]47 I DATED: 04-23-9]
BACKGROU1-I"D
The CalTrz..'-S Traffic Manual and the Manual on Uniform Traffic Control Devices list criteria m detennmin
the need for an all-way stop. Actual need for an all-way is determined by an engineering srudy whic'
exalTIines Òe special cha~acte~isrics of the site.
All-way SIOp signs are very resrricrive controls smce theyrequire al1 motoris!s entering the mtersecrion to sto;
at all rimes. Wneri'stop signs are installed forSJ"'-ed control and/or there is no apparent traffic reason for tho
Stop (linJe or no cross traffic), motorists regard the stop sign "" an unnecessary impediment and often time:
do not make a complete Stop. When this occu.."'S the -expectations of other drivers and pedestrians are altered
thereby jeopardizing the safety performance of me mt-ersectio!l. Although speeds will be lower in the vidnit!
of the stop, speeds will be higher midblock "" motorists try 10 makeup for the rime lost at the unWBITante¿
Stop sign. -".nother negative ""pect of unwammted stop signs is the increase in noise and pollution "" vehicle,
I apply their brakes to slow down and accelerate our of the int=ection.
It is impractical and impossible to install an all-way sto (or other traffic conITOI device such as a traffic signal)
whenever and wherever a request is made; otherwise during p"..ak periods, exrended delays 10 motorists may
result, thus iorcmg motorists to seek alternate routes through paraUels Streets, often a residenrial area. A
Traffic Engineer's primary goal is to mamtain safety and reduce vehicle delay.
PURPOSE
Tne purpose of a fuUy justified, properly installed aU-way Stop is to effectively assign right-of-way, maintain
safer}' and reduce vehicle deJay. Gene,aUy, aU-way Stops are mstalled where traffic signals are warranted
and/or an accident history has been indicated by reponed accidents of a type susceptible to coITection by an
all-way SIDp.
pOLlCY STAEMENT
It shall be the policy of the CIty of Chula VIsTa, through the Depamnent of Public WorkslEngineering Division,
IO v.:BITanr the installation of All-Way Stops in accordance with the following policy statements;
Tne California Vehicle Code, Section 21350 thru 21355, gives the authority to local
agencies to insra ] all-way stop traffic controls upon streets in their respective
j'lrisdicIion.
According to Federal and Scare traffic control guidelines, all-way stop installations should
be reserved for the control of vehicular traffic confliCtS at intersecrions and should not
be used as devices to control speed.
i
I
I
/
Ii COUNCIL ~OLlCY
CITY OF CHULA VJST A
: SUBJECT: N..l.-Wf.'! STOP POLICY I EFFECTIVE ~
r. NUMBER DATE PAGE
478-03 I 04-23-91 /2 OF9
ADOPTED BY: Reso]utjon No. 16147 I DATED: 04-23-91
Tne City's policy for the installation of an all-way SIOp conn-oJ is based on a poim
syste:n. Points arè assigned IO rnillic facIOrs based on the severiry of traffic conditions.
Facrors measured are:
.. accidem records
2. unusual conditions
3. pedes!rÎan volumes
4. traffic volumes
~. traffic volume differenTials
I
I
.
'2-
I COUNCn.. POLICY
CITY OF CHUlA VISTA
-
- I SUBJECT: .t.J.J..-WAY STOP POLICY EFFECnVE
NUMBER DATE PAG
478-03 04-23-91 3 OF
I ADOP'IED BY: Resolution No. ]6]47 I DATED: 04-23-91
CITY OF CHULA V!STA
ALL.WAY STOP CONTROL WARRANTS
I Dare: :¡/ZO/?S
C re.sl lJr;"e /f)°?n /c,5 ' .
INrBl5ECTION ~ir-e.ef Toral Points 13.
Major StreIt/Minor creer cj33'1rJ-oo)
I GE~!:.RAL:
A fully jus-ili;ed, properly installed all-way stop can effectively assign right of way, reduce vehicle delay, an
decrease accidents. Gene.-ally, an all-way stop is reserved for the use ar the intersection of two waul'
highways, and only as an interim traffic control measure prior to signalization. Stop signs are nor ro be USe
for speed comrol.
The posting of an intersection for all-way stop control should be based on factual dara. Warrants to b.
considered include:
1. Accident records
2. Unusual conditions
3. TT2ffic volumes
4. TT2ffic volume difference
5. Pedesuian Volu.1ne
I Points are assigned to each of mese warrams. The toral pOInts possible are 54. The installation of an all-way
Stop control is justified with a minimum of 30 points, unless anyone of the CalTrans criteria is meL
AU.-WAY STOP POINT SYSTEM CRITERIA:
1. ACCID=:NT WARRA"'!:
Two Doints are assigned Jar each accidem Susceptible 10 correction by an all-way stop comrol during
onefuJlyearpriorrotheinvesrigariondare. 12/1/9' +0 /1/:;ojq7
: í
I To:a! number of accidems correcrible by all-way stop:
I
Maximum 14 points SCORE.: Z Poims
2. UNUSUAL CONDITION WARRANT;
Where unusual conditions exist, such as a school, fire sration, p1ayground, horizontal or venícal
..3
I: COUNCIL POLICY
¡ CITY OF CHUU VlSTA
-- SUBJECT: hlJ..-WAY STOP i POLICY I EFFECITVE I
i I NUMBER DATE P.-E
I I 478-03 04-23-91 I 4 OF 9
I ADOPTED BY: Resolution No. ]6147
curv~. eTC., points are 2Ssigned on The D2Sis of engineering judgmenL Unusual condirions shall be
considered only if wimin 500 feel of me subject imersecrion. In residenTial neighborhoods where mere
is a coDcenrrarion of school age children acTiviTies sep~"redJrom me residenTial neighborhood by ë
colle::!or sueer and coupled with orhe~ coDdirions, L1f!ë¡W;:Traffiè:;~EÌi~g:¡fU;~¡:z.may apply traffic
enginee..-ing judgmem ~..,d waive me 30.pom: minimum p°{.-1¡ reqUlTemem råq-ùãlifý the inrersecrion fo~
an all-way srap comro!.
The 3D-poinr minimum requiremenT mav be waived and an all-way STOp l!illY be insTalled only if less
resrricrive controls have Dor Con-ecred a documemed problem.
All-way Stops l!illY be jl1Srified based on projected volum~ and accidenT frequency when rraffic signals
are w~-;anred and wi]] be insTalled wiThin a specified period of rUne.
.!", ";<.AI C",r"e.s ;;;l.f-l.5 /J.
Mzximurn 10 DoiDts lI"rT 2 SCORE: .:z-. Points
. ßloc.1c ¿I./c,// /V¿U c.<,,-ne~ /,1.5
3. PEDESTIUA!i1 VOLUMES
Comide:zrion is given IO large numbers of pedesrrians crossing !he major SIreer during me four busiesT
hours of an average day.
Pedes!:"'.aD Crossin~ Maior SITeer. Toral d1.!:in£ ..:; busiest rzaffic hours
VoluJTI~: 1.50 51-100 101-150 151-200 201-0\l::.R
Points: ø 2 3 ..:; 5 :
I
Mzximll."TI 5 points SCORE: ~ Points
4. TR.AJ-rIC VOLUMES
Points zze dependenT upon me magniTUde of vehicular Volll.-nes enTering the inrersecrion during me four
busieST hours of an average day.
I
4
f¡ COUNCIL POLICY
- CITY OF CHlJUI. VISTA
! SUBJECT: Ail-WAY SID? POLICY EFFECTIVE
NUMBER DATE PAŒ
478-03 04-23-91 5 OF'
I ADOl'l:t:lJ BY: Reso]ution No. 16]47 DA1ED: 04-23-9]
Tr..£5c Counts (circle Íour highesr hour volumes):
¡-¡im: "nding Ar:
! ;---.. . '. ~-
' Dir 06oOID700 OBOO 09001"000fl100 1200'1300 1400 15001600,,700 IBoQ 190012000
./'./1> h l?3 ¡07 B3'S~ '0 75 Z.3 7' 97 //)1 /35 /51 /3'1 11
SB 21 tiE 91 I 7ð , '15 '17 'II 1~ J3 ?Z &7 7~ ~5' 1,'/ 51
Ð! if 1/2-IZ7Iz1/lr 20 z5 2if 25 2& ~2 33 50 3g Zg
WE 7 3D 9Z 57/35 3:: 32 371'1i b3 5.3 if? t7 55' '15'
r T I '/0 112313Z.~í31 /155' 1/&2.- n~ !9D/ZDZ- tYB Zt,,1 Z'fl 3'7î/;1Q ~/t,
,
,--
Traffic VoiUilles '''/arrant
I Points shaJJ be assigned in accordance wirh rhe íollowing rabIes:
To¡Z} oÍ Major To¡a] oí Minor
App:-Cê.:::h Legs Approach Legs
4-ho:;: Volume ~ 4-hour Vo]ume Poin~s
co: 1000 837 D) 0.... 400 0
1001 . 1300 1 (401 - 600 If dc¡
1301 - 1600 2 - 601 - BOD 2
1601 -1900 3 BOl - 1000 3
1901 - 2200 4 1001 - 1200 4
2201 - 2600 5 1201 - 1400 5
2601 - 2900 4 1401 - 1600 6
I 2901 . 3200 3 1601 - IBOO 7
I
I 3201 - 3500 2 1 BOl - 2000 B
¡
I 3501 . 3BOO 1 2001 . 2200 9
3BOl - over 0 2201 - over 10
SCOP~: ~ Poinrs, SCORE.: 1 Points
Maximum 5 Minimum 10
,
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-
I COUNCil.. POLICY
I
i
! CITY OF CHULA" VJST A
,. -
I·
i SUBJECT: J.11.-WAY STO? POLJCY EFFECTIVE
NUMBER DATE PAGE
47H-03 04-23-9] 6 OF 9
I ADOPTED BY: Reso]ution No. ]6]47 I DATED: 04-23-9]
I. TRA??JC VOLUME DlF'?"RE.NCE
I'"
I All-way scops operare besr when IDe majo: and minor S:Tee¡ approach r:-aííic volumes are nearJy equaL
,
I POL.'""1~ sh2.11 bt assigned in accordance WiÙl r..ÏJe following ¡able:
,
2L¡"¡our Minor St. A!mroach Volumes /2"30
2L;;our Maior Sr. Armroach Volumes X 100% = 2'1'1-> - StIt Points
I 95 - 100 10
i
, 85 94 9
I
I 75 . B4 8
,
I 65 74 7
I 55 &< 6
I ßL.. 54 5)
i .1>0 %
I 35 44 4
i
25- 34 3
15 - 24 2
5 14 1
o . 4 0
SCOP~: .£ Points
Maxi:;¡= 10 Points
¡
I C.toJ. 11',"'-"15 C?JERJA rChaDter 4 CaITrans Traffic Manual)
!
A:-¡y of!he following conditions may warranr a mulri.way STOP sign installation:
1. Wbere traffic signals are warranted and urgenrly needed, !he multiway stop may be an interim measure :
~o IDat = be ÍI'.stalled quickly to conrrol traffic while arrangements are being made for IDe signal I
instalJa:ion.
12~o An acciàent problem, as indicated by five or more reponed accidents wiIDin a 12 monID period oí a rype
suscepn-o]e to correction by a mul:iway stop installation. Such accidems include righ¡. and left-rum
collisions as well as righ¡-angle collisions.
3. Minimum traffic voJumes
a. Tne rotal vehicular vDlume emering IDe inrersection from all approaches musr average at Jeast r _.,
vehicles per hour Íor any 8 houT5 oí an average day, and
~o
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~
i COUNCIL POLICY
I
,
I CITY OF CHUlA VISTA
,
: SUBJECT: .t.J.J..-WAY SID? POUCY EFFECTIVE
- i NUMBER DATE PAGE
478-03 04-23-91 7 OF S
I
, ADO}' 1:t:lJ BY: Reso]ution No. ]6147 I DATED: 04-23-91
I
I b. Tne combined vehicular and pedestrian volume Írom IDe minor srreer or highway musr average ë
I ~c leas¡ 200 units per hour Íor IDe same 8 hours, wiID an average delay ro minor slTeer vehicula
¡¡-affic oÍ ar least 3D seconds per vehicJe during IDe maximum hour, bur
c. Vl."leI1 the B5·p~n:~ntiJe approach speed of the major street traffic exceeds 40 miles per hour, tn.
I mi.:1imurn vehicular volume warranr is 70 percenr of IDe above requiremenrs.
I
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,
I COUNCIL POLICY
t
I CITY OF CHULA" VlSTA
I
I
I
I,
: SUBJECT: J.11.-WAY SlOP POLICY EFFECTIVE
NUMBER DATE PAGE
478-03 04-23-9] I 8 OF 9
I ADOP 1:t:lJ BY: Reso]ution No. 16147 I DATED: 04-23-91
I
I Ail-WAY STOP SUMMt,RY
I
I
i Ci?>:NO ·00)
! J!\ j ~ECTiO!\:
,
DATE INVE:>ï1GATION WI'S COMPLETED: 2/;1'1/98
TOTAL SCOP~: /3 points out oí a possible 54. The rn.L'lÍn1urn required to justiíy an alJ-way stop
concrol is 30 ?ci.~!.S. I
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P2COMME.!\''DATIONS: '..u
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RE.MARKS:
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COUNCIL POUCY
cm OF CHUlA VISTA
.--,
SUBJECT: PJ.L-WI--Y STOP POLJCY EFFECTIVE
NUMBER DATE PAGE
478-03 04-23-91 9 OFS
I I DATED: 04-23-91
ADOPTED BY: Resolution No. ]6]47
On' OF CHULA V15TA
PJ.L-WAY STOP EVALUATION WORKSHE=.¡
C r-e..s ¡- D,...:v-e.- / D o.,q/q$ S+ r=+ File 133'fo-o
Intersection Date 2/ZÞ/flJ
(Major) ( - (Minor) Investigator N1:r/)
Qualifies ior All-Way Stop based on 30 or more points:
Yes - No -2(. Points ß
Qualifies for All-Way Srop based on other mreria: Yes - N°---A-
If yes, explain:
Skerch of brersecrion with visibility data
On back- AITached X
"'.
1. Accident History Points Possible
From /2. / / ; 'It. ro ti;30;97
Accidems/yr cocrecrable by Srops X 2 p!S/accjdent 2- J4
2. Unusual Conditions
Ve.r-t ~cr / C"'r¡/e~ 2p-l'$
Blo¿K Wert; /1/ ir/ C".-ne.;-($"¡;'J.t-f),'s.f<..æ..) ;;;¿ p,f.>
, 410
3. Pedesnian Volume -L
Pedestrians t-sz:, 5
crossi.'1g the major SITeet during 4 hour count
4. Traffic Volumes (peak 4 Hours)
I Majo: approaches P.37 -L 5
Minor approaches 'to,,! ---1- 1 0
5. ìraffic Volume Difference so7o b 10
TOTAL Jl54
Minimum Points Requjred 30
- ..
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-
--40 êHUlA miA RUN DATE: 2-27-98
iRRëëIl COcl,SIDN OEi?ll REPORT
SITE lDCA,¡¡¡~: at OOUtlAS Si ,lnd CREST DR lOCAT10N CODE: 13340- 0
SEARCH DAm from 01-0;-93 to 11-30-97
êOLlI5IDN V]C- ,ïDE POINT Of PRIM COL. M-Y OTHER
REPDRi CDUSID~ ,IMS O~ IMPACT T'ACìO? ROAD m R/W m --YEHJClEn- DRIV.IPEO ASSOC
NO. DATE DR TIME ;; ë> CDl. LOCAìIDN VC SEe GP ¡¡EA. LIì 5 CON ¡¡Ii CTL A:T NO. TP MY m Aft. SEX 5/0 FACTOR
70915 cc-CS-9; F 10~3 ' 0 SROO C'? 22106 14 ClR DAY A , C A A F 8 ¡; ~9 H A H
0 A E - "" M A N
----
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1-41 CHULA VIm iiUN DAE: 2- 2H:
TRAFfIC CDeLISIDN LDcmDN SUMMARY
.SITE LOCmON: at OOU£L1iS £ì and CREST DR lOCmON CODE: 13340- 0
SEARCH DATES frDI 01-01-93 to 11-30-97
1. COLLISION TYPES 3. LIGHTING CONDITiONS
TOTAL PERC. TOTAL ?ERL
,EAD-ON 0 .0 DAYL:.HT 1 1üO.(.
SlOESNIDE .O DUSK-DAWN ..
REAR END 0 .0 DARK. ST LIGHTS 0 .0
BROADSIDE 1 100.0 DARK, NO ST LIGHTS 0 ^
.v
---.. iITT OBJECT 0 .0 DARK, ST LI.HTS NOT
I OVERTURNED 0 .0 ,fUNmOmG 0 .0
AUTO/PEDES 0 .0
OTHER 0 .0 TOTAL 1 100.0%
TOTAL 100.0%
2. MOTOR VEH. INVOLVED WITH 4. COLLISION SUMMARY
OESCRlPTlON TOTAL l'ERC. DESCRIPTlON --1 0 TAL -
CDLL ,JIm pm
HDMCOLLJSlDN 0 ..0
PEDESTRIAN 0 .0 fATAL 0 0 .0
DTHER JlDTDJ¡ VEH. 1 100.0 INJURY 0 0 .0
H. V. ON DTH RDtIY 0 .0 PROP OAMA.E 1 100.0
?ARKEO ".1'. 0 .0
TRAIN 0 .0 TOTALS 0 100.0%
°EDICmE 0 .0
ANI HAL 0 .0
fIXEO OBJECT 0 .0
OTHER DEJECT 0 .0
10TALS 1 100.0%
)
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Q
MINUTES OF A REGULAR MEETING
OF THE CHUlA VISTA SAFETY COMMISSION
Thursday, March 12, 1998 Council Chambers
¡:O3 p.m. Public Services Building
CALL TO ORDER
1. ~
Present: Chair Liken; Vice Chair Acton; Commissioners Cochrane, Gove, Hoke,
McAlister, and Miller
Absent: None
Also present: Ralph Leyva, Senior Civil Engineer; Majed AI-Ghafry, Civil Engineer; and
Florence Picardal, Recording Secretary
2. Pledl!e of AIleI!iance/Silent Praver
3. Ooenin!! Statement - Opening statement read by Chair Liken.
4. Aooroval of Minutes: February 12, 1998
MSUC (Acton/Cochrane) to approve minutes as submitted. (Motion carried 6-0-1, Miller abstained)
MEETING AGENDA
5. Oral Communications: None
6. Reoor! on AII-Wav Stoo at Crest Drive and Doul!las Street
Background: Mr, AI-Ghaíry stated that this is a report on a request for an all-way stop at the intersection
of Crest Drive and Douglas Street. In January 1998, staff received a request from residents on Douglas
Street to consider the installation of an all-way stop control at the intersection of Douglas Street and Crest
Drive. The request cited the need for an all-way stop because of the excessive speed of the southbound
vehicles on Crest Drive through the intersection of Douglas Street and Crest Drive. The intersection of
Douglas Street and Crest Drive is a four-legged intersection with existing two-way stop signs on Douglas
Street for east-west traffic. Crest Drive is a two-lane Class III collector street, 40-ft. curb-to-curb, 60-ft.
right-of-way and is fully improved. Parking is allowed on "both sides ofihe street The average daily
traffic is 2450. Douglas Street is a two-lane residential street with a 36-ft. curb-to-curb, 50-54 it. right-of-
way. The average daily traffic is 1560 east of Crest Drive and about 900 west of Crest Drive. There is
no problem with the sight distance in either direction. The 85th percentile speed on Crest Drive is 36
mph. The prima facie speed limit on both streets is 25 mph. Only one accident has occurred in the last
4 years. Staff conducted an all-way stop warrant evaluation in accordance with the Council Policy. This
intersection received a total of 13 points out of a possible 54 points. A minimum of 30 points is required
to justify the installation of the all-way stop control, unless there are any overriding considerations such
as accident rates or sight distance problems. The intersection of Douglas Street and Crest Drive did not
receive minimum points required under the point system established by the Council Policy, therefore,
staff recommends the denial of an all-way stop at this intersection at the present time. However, after
the proposed improvements at Halecrest Drive and Telegraph Canyon Road, with the proposed
elimination of the southbound to eastbound left turn, some increase in traffic volume is expected on
Douglas Street between Halecrest and Crest Drive. Staff does not feel at this time 1hat it will be
significant But once the improvements are completed on Telegraph Canyon Road, staff will revisit the
warrant evaluation for the installation of the all-way stop control at Crest Drive and Douglas Street. A
slide presentation followed.
UNOFFICIAL MINUTES
/.3
Safety Commission Minutes
March 12, 1998 Page 2
Staff Recommendation: Safety Commission accept staff's repot1 and deny the installation of an all-way
stop at the intersection of Douglas Street and Crest Drive at the present time.
Commission Discussion: Commissioner Cove asked how far out into the intersection do the cars have
to go to look around the block wall? Mr. AI-Ghafry responded that the drivers would initially stop anhe
stop line and then drive another 2 ft. to establish another line of sight before proceeding. Staff did look
into moving that stop legend. Commissioner Cove questioned if possibly red curb couid be installed.
Mr. AI-Ghafry responded that staff would look into the possibility of red curbing and moving of the stop
line. Chair Liken asked when stopped at the limit line, is the minimum 200 it. met from that point or do
you have to pull forward some distance to reach the 300 ft. minimum? Mr. AI-Ghafry stated that the 200
ft. is met when you initially stop at the limit line. Chair Liken noticed that the 85th percentile shows 39
mph during the combined 10:00 and 1 :00 times, compared to 36 mph stated in the report. Mr. AI-Chafry
stated that was correct, but in the first speed survey, that was done for an average of 100 cars for both
southbound and northbound lanes. Mr. AI-Chafry requested Traffic staff to also look into only the
southbound traffic. Vice Chair Acton asked when the improvements would be completed at Halecrest
and Telegraph Canyon Road. Mr. Leyva stated that the estimated completion time is the end of 1999.
Chair Liken read into record a letter from residents, Kenneth and Lucila Michael, 596 Douglas Street,
Chula Vista. Mr. and Mr. Michael are in favor of an all-way stop at Douglas and Crest.
Public Hearing: Chair Liken opened the public hearing.
. Gary Howard, 577 Douglas Street, Chula Vista, CA 91911 - Mr. Howard spoke against staff's
recommendation. He stated that staff's traffic count was inaccurate. He asked how many
accidents have occurred at the shopping center? He stated that traffic on "r Street is terrible,
and there is no access to 1.,B05. He stated that there would be increased traffic on Douglas due
to the change in traffic on Telegraph. He also stated that the kids speed when there are cars
parked on the street.
. Jorge Medina, 876 Crest Drive, Chula Vista, CA 91911 - Mr. Medina spoke against staff's
recommendation. His main concem was for the safety of his children. He stated that teenagers
use that slope to jump their cars. He has observed cars jumping the slope and damage is visible
to the pavement. He stated that it's only a matter of time before somebody gets killed. He finds
beer cans thrown on the streets on Saturday and Sunday mornings, probably from the teenagers.
He has observed cars jumping on Fridays and Saturdays between the hours of 9:00 p.m. to 3:00
a.m.
. Alice Rynd, 858 Boon TIempo Drive, Chula Vista, CA 91911 - Ms. Rynd spoke in favor of staff's
recommendation. Ms. Rynd stated that she and her husband have resided at that residence for
8 years. She has canvassed her neighborhood and had signatures from residents in favor of
staff's recommendation. She stated that installation of red curbing might be considered for the
corners of Douglas. The signatures were submitted to the Commission to be entered into
record.
. Jose Alvarez, 598 Douglas Street, Chula VIsta, CA 91911 - Mr. Alvarez spoke against staff's
recommendation. Mr. Alvarez stated he has lived at his residence for 10 years. He would like
stop signs installed. He has observed cars jumping and feels that it is dangerous.
Public hearing closed.
If UNOFFICIAL MINUTES'
Safety Commission Minutes
March 12, 1998 Page 3
-
Commission Discussion: Commissioner Cochrane stated one thing that was not addressed by the public
speakers, has anyone complained to the Police and what was their reaction? Gary Howard, 577
Douglas Street, stated that when he first moved there, he spoke to the Traffic Sergeant and the City
Engineer and their reaction was unless there was some way to slow down traffic there was nothing that
could be done. The Police officers have mentioned that they would like to see speed bumps. Chair
liken asked if there was an increased amount of traffic enforcement after talking with the Traffic Sergeant.
Mr. Howard stated there was enforcement for a short period. Chair liken questioned staff about the
speed hump policy. He stated that this is a residential street, 25 mph; 40 ft. less in width, and appears
to meet the criteria for the speed hump policy. Mr. Leyva stated that was correct. Chair liken asked staff
if they had an opinion on speed humps at this location. Mr. Leyva stated that the Council Policy could
be sent to a representative of the neighborhood and have them look at the policy and what is involved.
The policy requires that the cost of the installation be borne by the residents and if the hump needs to
be removed or the residents want it removed, they also pay for the cost of removal. The residents should
be made aware of all the ramifications of the policy. Commissioner Gove asked if a speed hump was
installed, would the City be liable for any damage to vehicles as a result ofthat? Chair liken stated that
with the speed 'humps' as opposed to 'bumps', humps are much flatter and wider, and depending on
the location, it would be in conjunction with 2, 3 or 4 speed humps, so it would be more of a bouncing
effect instead of a car bottoming out. Commissioner Gove wanted the difference between hump and
bump explained. Chair liken asked that staff send a copy of the speed hump policy to Commissioner
Gove and then to explain the differences. Mr. Leyva stated that basically the speed hump is 12 ft. wide
and 2-4 inches high. Speed humps are not recommended for grades over a certain percentage because
it adds to the effect of the hump. There is some liability to the City if somebody loses control after going
over one of these humps. Sometimes, kids will use the hump as some kind of a launching ramp for
getting airborne. Speed bumps that we are familiar with are the bumps in driveways and parking lots
and they are 2 ft. wide and 3-4 inches high.
Commissioner Miller stated that there were a couple of problems with speed humps. She sees humps
as an attractive nuisance for the kids and their cars. She stated that if one of the cars would cause
damage to one of the homeowner's properties, there might be some liability on behalf of the City. She
did not think that a stop sign would stop the problem of kids speeding and jumping on the street. But
if a stop sign were there, the City might be protected liability-wise and staff should check with the City
Attorney. The second problem was, on Douglas Street facing west, looking south, the sight distance is
very bad. The City needs to look at liability and not just warrant numbers.
Commissioner McAlister asked staff if the grade north of Douglas changes past the hump more so than
the grade just before the hump, does the south end grade dramatically change from the grade above
Douglas? Mr. AI-Ghafry stated that during a field investigation, staff noticed the two grades are different.
How much different, they would haveto send a survey crew to get exact numbers. He has noticed one
grade is about 6-7%, flattens out beCause of the intersection to about 1 % and then goes up again maybe
4% and much further to about 6%. Unfortunately, because of the intersection characteristic, there is no
way, engineering-wise, to put in a vertical curve to smooth that because it will take away from the
characteristic of that intersection.
Commissioner Cochrane stated jumping over the intersection and landing on the down side heading
toward Telegraph Canyon Road, in his opinion, is blatant reckless driving, and he believed it was an
arrestable offense. He thought the Police Dept. could stake this out during the times the residents have
complained and make arrests. He thought direct action needed to be taken and shouid be
recommended that the Police Dept. stake this out in a manner so they are not seen and make arrests.
Chair liken responded that reckless driving is a misdemeanor in California, however, with the jail
population, very rarely do misdemeanors get placed in jail. But, there are some other things that can be
done. Vehicles can be impounded-and it would cost additional monies to get the vehicle out, along with
the citation to appear in court. He thought Commissioner Cochrane's idea was excellent and agreed
/5 UNOFFJCIAL MINUTES
Saiety Commission Minutes
March 12, 1998 Page 4
-
with his recommendation. He expressed his disappointment with Sgt. Coulson not being present at
tonight's meeting. He thought that the location could be worked by the Police Dept. during the day,
however, his recommendation would be tD refer this tD staff and also have a patrol Dfficer be directed
tD make a POP project Dut of this location, SD that it not only becomes an action Df the Police Traffic
Bureau, who basically works from 6:00 a.m. tD 8:00 p.m. but, a 24-hDur action. A beat Dfficer gets
assigned out there, he would put in SD many hours Dr minutes a day Dn every shift tD alleviate this
problem. The Dnething he did want tD address, even though the teenagers are jumping and that appears
to be the main problem, if there was an all-way stop at that intersection, it would create a false sense
of safety and if the teenager is bound and determined to jump the hump and he doesn't stop, there
would be a much more serious result. As Chair Liken states at most of the meetings, he is a proponent
of starting small and taking small steps to see if the problem could be alleviated. His recommendation
would be tD refer this back to the Police Dept. and also special enforcement by the Traffic Bureau for
serious enforcement.
Mr. Leyva added that there are some other things that could be done from an engineering standpoint.
That particular street is not posted at the present time. Northbound traffic could be posted with a 25 mph
speed limit signs. There is a light post on the east side between DDuglas and Telegraph Canyon Road
that would make a good location for the speed limit sign and another sign could be posted for
southbound traffic at the first street north of Douglas. Staff could also look at painting some red curb to
make sure the visibility is sufficient for the approach speeds. Chair Liken stated that it seems like the only
location where the sight distance could be a problem would be looking southbound from the westbound
Douglas lane. Vice Chair Acton asked if the City did this, how long would those two things take? The
City could dD these things first and then revisit the item as a follow-up. Mr. Leyva responded that the
actual work is done by the Public Works/Operations section, but he thought the work could be done in
10 days. Commissioner Miller asked if it was possible to post it at 25 mph if the 85th percentile is 36
mph, she .questioned that it might then be considered a speed trap and wanted to know if it was
enforceable. Mr. Leyva responded that it is 25 mph prima facia because it's a residential street in a
residential district and he thought it was enforceable. Commissioner Hoke commented that she was also
interested in the speed trap issue. She felt that this item would be revisited in 1999 because of more
traffic generation. Being very familiar with the area, she felt that the sight distance westbound looking
southbound Crest is very bad. Once they redesigned Halecrest Drive, a lot of people head out towards
Eastlake and if they cannot turn left from Halecrest to Telegraph Canyon Drive, they will gD down
Douglas to get to the Eastlake area. Commissioner Miller stated she is not in favor of staff
recommendation, she is in favor. of installing stop signs.
MOTION (Miller/Acton) to not accept staff recommendation and recommend the installation of an all-
way stop control.
Commissioner Cochrane stated that he did not think an all-way stop is warranted there based on norm~1
driving conditions. There are wanton and reckless driving conditions by several perpetrators that he
believes can be corrected with proper police enforcement. He did not think the intersection warranted
an all-way stop sign. He understood the concerns of the residents living on the corner area. He also
wanted tD note that all the signatures are from an area that is at least 1/4 mile away and they are not
directly impacted by the actions at this intersection. Consequently, in his opinion, the Commission
should not give much weight to these signatures that are against the stop sign. He is still in favor of
requesting police action and also accepting staff's recommendation to post Crest with the proper speed
sIgns.
Chair Liken referred to the Commission minutes (from Item #8 on tonight's agenda) dated 3/10/90, page
12, the Police representative, Officer Bennett, stated that, "However, if I can clarify as I am not sure if
everyone understands about the speed survey and by posting it at 25 mph, the police will go away. The
way it works is, when we go to court-if I write a citation for someone exceeding a posted speed limit,
I can't just go to court and tell the judge or the jury that this person was going40 mph in a 25 mph zone.
/~ UNOFFJCIAL MINUTES
Safety Commission Minutes
March 12, 1998 Page 5
I have to prove that the speed was unsafe at the time and I also have to show by a copy of the speed
survey-I have to have it in my hand or the judge will completely dismiss it.- What prima facia in the
Vehicle Code indicates is that it is at face value. Anytime you post, and it may be posting other than
prima facia, you have to have a speed survey. He directed staff, prior to' placing any 25 mph speed signs
in that location, determine if it would become a speed trap. It is the #1 priority of the Commission to
have it enforceable without losing the citations in court. Chair liken could not support the all-way stops
at this location. He does not feel that is the answer. He feels it is a few people that are in violation and
staff send out a packet to the residents in the area regarding speed humps. Commissioner Miller stated
that back in 1990, there were only 5 motor officers in the City. There are only 5 motor officers today
and the population has grown tremendously. She thought there are riot enough officers for enforcement.
She still is in favor of trying to protect the City and the residents by placing the all-way stop.
Commissioner Acton stated that she hoped that the residents are making the Police aware of the
violations every time it happens. Comm issioner McAlister stated that a lot of the violators are trying to
find a quick way between -r Street and Telegraph Canyon Road. He felt there needs to be an immediate
deterrent that is recognizable and/or enforceabie for those violators who would try to avoid speed
humps. He also agreed that the with the current level of law enforcement, it would be difficult to police
that as well as it should be. Commissioner Cochrane made a comment about stop sign placement. He
felt the issue was if there is no police enforcement, it doesn't matter if there is a stop sign or not. Nothing
will be done to stop the perpetrators as far as the severity of what they're doing. Any of these violators
who is jumping can lose control of the vehicle and cause a very bad accident. He is adamant about our
Police Dept. taking action. The residents have stated that are specific times that this takes place, late at
night. He believed that if enough pressure is placed on the police force in Chula Vista, they will then
stake out the area and make those arrests. These are not minor infractions and he is pushing for this
enforcement action.
Chair liken wanted to add that this Commission has Council direction by policy number and by
resolution whereby the Council gives the Commission and the Traffic Engineers direction on these items.
The point system comes along with the staff report. The all-way stop poiicy is being revised, but when
it comes down to it, this item would go to Council to be heard. If the points are looked at, 13 out of 60
doesn't meet the criteria. Vice Chair Acton stated that the Commission has been charged with the
responsibility of listening to the citizens' complaints.
MSC (Miller/Acton) to not accept staff recommendation and recommend the installation of all-way stop
signs at Crest Drive and Douglas Street. Motion carried 5-2, Liken and Cochrane voting no.
7. Reoort on Amendine Section 8.20.025 of the Chula Vista Municioal Code Relatine to Vendine Vehicles
- Restrictions Near Elementarv School Facililites
Because there were no requests to speak, this item was skipped and Item #8 was taken out of order.
8. Reoort on Centerline StriDine on CanvDn Drive
This item was taken out of order due the large number of requests to speak. Commissioner Hoke
excused herself due to conflict of interest.
Background: Mr. AI-Chafry stated that this item was a report on the centerline striping on Canyon Drive
between Otay Lakes Road and Country Vistas Lane. Traffic staff had received two requests to install a
double yellow centerline stripe on Canyon Drive between Otay Lakes Road and Country Vistas Lane.
One of the requests came from the Traffic Bureau officers. The officers were concerned with the
numerous traffic accidents and the motorists excessive speeds in addition to vehicles encroaching into
the opposite traffic lane as a result.of the lack of the road centerline divider. The other request came
- from one of the residents in the area who drives through Canyon Drive and he claims he has.a hard time
determining where the center of the roadway is since there are two major horizontal curves in this
UNOFFICIAL MINUTES
/1
lIC!fì oJs
SAFETY COMMISSION AGENDA
Tnursday, April 9, 1998 Council Chambers
ï:OO p.m. Public Services Building
7: ()f/ 1~1f¥;' CALL TO ORDER
1. ,. /., /C" ...-/ t./
ROLL CALL: Chair 7'~ VIce C.~aIr Acton. -; omnussJOners: Cochrane,_' Gove-:--,
Hoke~ McAltster~' . and Miller ............, /Y15r1~(Ílc..fl¡¡)l.tJoC#~)~d~¿[
2. ~.-.;..þ ~. 1J1¿Þ:',::;-:,......-'
Pledge of Allegiance/Siient Prayer q, - D - ./
3, Opening Statement: Chair Liken
4. Approval of Minutes: March 12, 1998 .ff!Si/~'-¡Jí,/cuv/::":./~~.._(.) /-=-~J.. hw-;-- r;' 3:;/~/.c;e
'-, ,,', . -./ '-I
C./- .J.-.< ~."" --..c..<- ç - c. -I
MEETING AGENDA
5. Oral Commuuications - This is an opportunity for the general public to address the Safety Commission on any matter within
the Commission' s jurisdiction that is not on the agenda. If you wisb to address the Safety Commission on such a subjec~ please
complete the "Request to Speak" form available in the lobby and submit it to the Recording Secretary prior to the meeting, Oral
CommunicaIions are iimired to three minutes per individuaL
6. Repo,! on ~uest for 1"- ~top con!!?! at the~ters~ction of E.ast Oxfo.rd Sy-eet ~9 Melrose A Venue.
/lé,"'!I~_""~fv/bO::.:I-.J: -,-,"'7..... --.A- '---;-" ..ø :::"',"~ ~.,. ~ ,",J><...r..--
ï. Report on Revisions to the All-Way Stop Policy
STAFF REPORTS
8. Action Swnmary Update/Staff Comments
9. Traffic Accident Swnmary - February 1998
, ,.., 'þl"><1f«J./~
OTHER BUSlNES~ {iÚ.t;.:i:¡v óJ ¡hl- (,.1'-1 S""f ~
- /'I?><I(;' (rnill~Ac-m-.) 'tV Ff! ~I ~'
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10. ComnusslOner Comments - ~ :;t:::;p.~,. L¡ ~ ~ ~ !/ -
p~ :tt; 1/ ,'... L-<...... r.
11. ADJOURNMENT to the Safety Commission meetingscbe uled for May 14, 1998.
f?: úq p"""
Notification List:
Honorable Mayor and City Council Chula Vista Chamber of Commerce
City Manager Chula Vista Star News
City Attorney San Diego Union TriblUle
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THIS PAGE BLA-l\TK
;2:Þ
COUNCIL AGENDA STATEMENT
Item: /:1..
Meeting Date: 5/19/98
ITEM TITLE: Resolution / ~ '1'17 Approving an Amendment to the Advanced Life Support
(Paramedic) Service Contract with American Medical Response in Accordance
with the Terms Set Forth in the Staff Report, Directing the City Attorney to
Prepare the Amendment in Accordance with Said Terms, and Directing Staff to
Further Evaluate the Advanced Life Support System in the Chula Vista Exclusive
Operating Area.
SUBMITTED BY: F;re Ch;" flf ~
REVIEWED BY: City Manage~ ~ ..-? {4/5ths Vote: Yes_NolO
Pursuant to Council action in November of 1996, an amendment was made to the agreement with
Hartson Medical Services [recently purchased by American Medical Response (AMR)] which, among
other things, adjusted the contract period to end on October 31, 1998, and directed Staff to pursue
an RFP/competitive bid process for the provision of Advanced Life Support services beyond October
31, 1998. This was done to give City Staff time to evaluate the impact of the City of San Diego's
recent actions regarding changes to their ALS system. Staff has taken the appropriate action to
implement Council's direction. Notwithstanding this action and intent, however, there has been a
nagging concern on Staff's part that such an action may not be in the best interest of the users of the
system in Chula Vista or of its public safety personnel. Staff pursued its original direction, but began
to also evaluate alternatives for the provision of Advanced Life Support Services, and in that vein,
Staff made contact with American Medical Response (AMR) to better evaluate our options. The
purpose of this report is to outline Staff's findings and obtain conceptual approval from the City
Council regarding an extended agreement with AMR.
RECOMMENDATION: That Council:
(1.) Direct Staff to continue to evaluate the current ALS system in the South Bay region and
return no later than April 30, 2000 with an overall recommendation for the delivery of
Advanced Life Support services in the Chula Vista Exclusive Operating Area; and
(2.) Approve, in concept, an amendment to the Advanced Life Support (paramedic) service
contract with American Medical Response in accordance with the terms set forth in the
staff report and letter of intent from American Medical Response, and direct the City
Attorney to prepare the amendment for later Council approval in accordance with said
terms.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Backaround
The existing agreement (as amended) with American Medical Response (AMR) provides that the
contract period terminate on October 31, 1998. This Council action in November of 1996 included
/;<.-j
Meeting Date: 5/19/98
Page: 2
that Staff would prepare a Request For Proposals (RFP) for Advanced Life Support (ALS) services
to be bid in the early Summer months of 1998, with a contract period to commence on November 1,
1998. The intent behind the decision to competitively bid ALS services was to ensure the cDntinued
superior service delivery at the lowest possible cost and to allow time for the City of San Diego to
complete the ALS bid process within which it was already immersed, implement the new system, and
therefore afford Chula Vista Staff an opportunity to evaluate its potentially major impacts on the Chula
Vista Exclusive Operating Area (EOA). The Chula Vista EOA is defined as the City of Chula Vista,
the City of Imperial Beach, and the territorial limits of the Bonita/Sunnyside Fire Protection District.
The City is vested with the authority to contract for these services on behalf of the EOA agencies.
The City of San Diego bid their system, selected a provider which began service on July 1, 1997, and
10 months later is still in the process of sorting out a number of important operational and financial
issues. San Diego's system involves what they call an "integrated EMS system" where one paramedic
rides on a Fire engine as part of a 4-person engine company, and one paramedic and an Emergency
Medical Technician ride together in the ALS ambulance. When ALS services are needed, both the
engine and the ambulance respond, with the engine, many times, getting to the scene first and
providing some paramedic-level service until such time as the ambulance gets there with the other
paramedic. While this gets a paramedic to the scene faster, it comes with an extraordinary cost to
the City to staff that fourth person on the engine, and pay overtime to keep it staffed at that level when
vacancies occur due to vacations, sick leave, etc.
The San Diego ALS system is in contrast to the more traditional system that the City of Chula Vista
has employed (and the County has required) for many years where each ALS unit is staffed by two
paramedics. To serve the Chula Vista EOA, there are two dedicated units in the City and two
additional units which serve the system regularly from Imperial Beach and from National City.
Chula Vista Staff from the Fire Department, the City Attorney's Office, and the City Manager's Office,
as well as IAFF Local 2180 officials, have been watching the implementation progress of the San
Diego system very closely and continue to express reservation at this time as to what the impacts may
be once San Diego's system achieves a reasDnable degree of stability and full integration into the
automatic-aid activities in the South Bay.
As part of the evaluation of current services, staff evaluated the costs and level of services in other
area jurisdictions. It became clear that the original intent behind going out to bid for ALS services (to
ensure the continued superior service delivery at the lowest possible cost) may not be achieved by
the process. In addition to cost, Staff analyzed factors associated with the ability of a provider to
perform.
The following tables detail the Base Rate (treatment and transport) and Assessment Rates (treatment
only, no transport) for AMR-served jurisdictions and municipally operated/subsidized regions of the
County.
J:¿-2
Meeting Date: 5/19/98
Page: 3
AMR Ambulance Rates in San Diego County
Agency Chula CSA-17 Rural Imperial Nafl La Lemon Spring San San
Vista Non- East Beach City Mesa Grove Valley Diego Marcos
Resident County County
Base $365 $400 $625 $450 $440 $412 $412 $412 $450 $480
Rate
Assess $150 $150 $150 $150 $150 $150 $150 $150 $150 $150
Only
Average Base Rate: $445
Municipally-OperatedlTax-Supported Ambulance Service Rates
(Fees that Residents of these communities are charged are shown first.
Fees for services provided in these communities for Non-residents are listed second if they vary
from Resident fees).
EI Lakeside North San
Agency Carlsbad Cajon Eseon Santee County Oc'nslde poway Ramona Vista Diego
CSA JPA
Base $250 $362 $:JOO N/C $:JOO $360 $200 $491 $440 $391
Rate $500 $543 $400 $500 $500 $660 $360 $613 $500
Assess $75.46
Only N/C $153 N/C N/C N/C N/C $200 $94.43 N/C $150
+supplies
Average Base Rate: Subsidized: $344
Non-Subsidized: $502
Cost tD the System Users:
In referencing the above data, it is readily apparent that Chula Vista's rates are the county's lowest
of any non-subsidized orovider - by a significant margin. Chula Vista's base rate fDr an ALS call
involving treatment and transport is $365. This rate has been in effect since February of 1996. The
next lowest rate is that of La Mesa/Spring Valley/Lemon Grove at $412 per call (a difference Df $47
or 13%.) The average rate county-wide is $445. Taking into account that American Medical
Response has stated publicly that Chula Vista's rates do not allow for this specific operation (the
Chula Vista EOA) to be self-sufficient (after adjusting for bad debt, etc.), it would be reasonable to
assume that an RFP process would likely result in a rate increase to the system users.
The Abilitv of the Provider to Perform:
The ability of the Provider to perform takes into account corporate financial strength, response time
performance, quality assurance programs, training programs, regional familiarity, and the degree of
commitment to a public-private partnership which transcends profit and loss. In evaluating the current
state of affairs with the City's EMS partner of 19 years, the corporation has maintained the financial
strength to deliver ALS service day-in and day-out without interruption; it has consistently exceeded
its response time standards; and its operations including training, Quality Assurance, and equipment
maintenance have been reviewed formally on a regular basis by the County. The County specifically
/:2-:]
Meeting Date: 5/19/98
Page: 4
states in its latest (November 1996) formal review, that the Provider "meets or exceeds all contractual
obligations with the County of San Diego." The County review goes on to state: "Of special note is
the medical quality improvement program, the community and first responder education opportunities
offered, and the excellent response times delivered to the citizens of Chula Vista:
Additionally, it is understDod in the industry that it may be prudent for an agency to refrain from
bidding when all four of the following criteria are met:
(1) The system's actual performance meets the existing system standard of care and
that this standard is the highest level of care which can be achieved with the
financial resources available;
(2) The provider is quality-focused and its performance is externally monitored to
ensure contractual compliance;
(3) The provider is operating efficiently when measured against high performance
systems of similar size and demographics based on a valid market comparison;
and
(4) The patients, public and health care community are informed and educated
about the EMS system, and their service expectations are being met.
The analysis of AMR/Hartson's performance Dver the last 19 years, its participation in the local EMS
system, its familiarity with City procedures, personnel, hospitals, geography, etc., supports the thought
process that the system and its costs may not be well-served by going out to bid at this time.
IAFF Local 2180 Concerns Voiced
Additionally, there have been concerns raised from the IAFF Local 2180 regarding the uncertainty of
the ALS provider market, the RFP process, and its ability to address the many important issues
surrounding the delivery of efficient and successful emergency medical services to the citizens of our
community. Copies of the correspondence received from the Chula Vista Firefighters are attached.
The City Manager, the Assistant City Manager, the Fire Chief and the Fire Principal Management
Assistant met with Local 2180's President on May 7, 1998 to discuss these concerns and their
recommendation. The Firefighters enjoy a unique working relationship with the employees of AMR
that they believe is unparalleled with any other public-private ALS delivery system in the County. The
Local relates that AMR paramedics who have had an opportunity to work in other areas of the County
have often expressed their desire to return to work with the personnel of the Chula Vista Fire
Department. Certainty and reliability stemming from a long partnership with Hartson/AMR are
important cornerstones in the relationship, and support the Chula Vista Firefighters' desire to retain
AMR as the ALS provider in Chula Vista.
Potential Respondents to the RFP
Staff's research indicates that there may be few respondents to the RFP; possibly as few as two.
These would be AMR and the Rural Metro/City of San Diego Limited Liability Corporation. In view
of the attention the new San Diego system is getting in the media and from their City Council
regarding cost over-runs to pay fDr overtime staffing, concerns are naturally raised about the current
/;2-7'
Meeting Date: 5/19/98
Page: 5
system and their ability to expand to provide emergency medical service to additional territory and
its citizens.
Discussions with AMR regardina Conditions for Agreement Extension
With the general analysis indicating thatAMR and Rural Metro/City of San Diego could be the primary
RFP respondents, that AMR's performance has been above standard, and that AMR's current rates
are the lovvest in the County, Staff decided to conceptually discuss terms of a contract extension with
AMR which could be of benefit to the City and to the Provider. In doing so, Staff made it clear that
these discussions were subject to Council action.
In an effort to guarantee stabilization of rates for a reasonable period of time as would have been
desired by the RFP, and incorporate other desired elements which have been drafted into the RFP,
Staff proposed the following to AMR:
. Waive the right to request rate adjustments (as provided for in their original agreement) for the
periDd of three years in exchange for a three-year contract extension;
. More-fully participate in sharing certain costs associated with maintaining emergency medical
equipment used by Chula Vista Fire Department personnel in support of AMR's ALS service
to the community;
. Continue to provide the "Type III Modular" (larger, boxy ambulances vs. the panel van type
ambulances) ALS units, as has been the past practice;
. Update of performance security and insurance items; and
. In the event the City requires higher service levels in Chula Vista, (i.e., adding ALS units to the
System) the City would agree to re-open negotiations with AMR with respect to rates and terms
associated with an enhanced service level.
ProDosal to Extend the Existing Agreement
The above mentioned items concerning the demonstrated ability of the current Provider to perform,
the desire of the Chula Vista Firefighters to continue to work along side AMR personnel to carry out
their emergency medical duties, and the willingness by AMR to continue their service commitment to
the citizens of Chula Vista for the next three years at the lowest rates in the County, suggest very
clearly that it would be in the City's and citizens' best interests to facilitate the continuation of the
present partnership.
Proposed Amendment to the Existing Agreement
The amendment to the existing agreement is proposed in concept and would be finalized following
City Council approval consistent with the terms stated below and in the attached Letter of Intent from
AMR.
(1) Term: The contract period shall be extended for 36 months commencing November 1,
1998 and terminating October 31, 2001.
/.2-S-
Meeting Date: 5/19/98
Page: 6
(2) Waiver of Right to Reauest Rate Increases: AMR waives its right to request annual rate
increases from the effective date of this amendment and extending until October 31,
2001.
(3) Agreement to Re-oDen Neaotiations: At any time during the term of the agreement,
either Party reserves the right to propose system enhancement changes which will
better meet the needs of the service area. The Parties agree to meet and confer and
determine the appropriateness of any such change to the system and any necessary
or appropriate corresponding increase in AMR's rates. Any such change shall be by
mutual agreement with each Party acting in its sole discretion.
(4) Agreement to Provide and/or Maintain Medical Supplies and Equipment: AMR agrees
to maintain and replace (as is deemed necessary by the manufacturer or as may be
reasonably required by the City) Fire Department semi-automatic defibrillation units,
and continue the current practice of resupplying medical supplies and related
emergency medical equipment pursuant to the Second Amendment. Replacement, if
necessary, of defibrillation units shall be limited to three per year. Any defibrillation
units replaced under the term of this agreement will become the property Df AMR. The
parties agree to meet and confer on the specifications of the replacement units
appropriate to the intended application and to changes in technology.
(5) Continuation of Modular-type ALS Units: AMR shall maintain Primary Type-III Modular
ALS units in the Chula Vista Exclusive Operating Area in accordance with past
practices.
(6) Performance Security: AMR shall increase performance security from $100,000 to
$300,000.
(7) Insurance: AMR shall increase its General Liability insurance coverage from $1,000,000
to $2,000,000 Combined Single Limit Liability. The policy shall include coverage for
AMR vehicles, both owned and hired; shall be an "occurrence"-type policy; and shall be
issued by an insurance company which has a Best's Rating of "A, Class V' or better.
Additionally, it may be in the City's best interest to have optional contract extension periods available
beyond the three years cited above. It is Staff's intent to discuss with AMR the terms under which
optional extension periods could be exercised upon mutual consent. Staff will return with the formal
amendment to include optional extension periods should those discussions with AMR prove fruitful.
Further Staff Evaluation of the Current ALS System
If the Council desires to extend the agreement with AMR, Staff will continue to evaluate the current
ALS system in the South Bay region and return no later than April 30, 2000 with a benefit analysis on
the viability of extending the contract with the current Provider or going out to competitive bid.
Staff Work on the Chula Vista RFP
Concurrently, pursuant tD the direction to competitively bid ALS services for the Chula Vista EOA,
Staff has been gathering information on other ALS delivery systems, has drafted the City's Advanced
Life Support RFP, and is on-schedule for bidding these services next month. Staff from the City and
/,,2-¿,
Meeting Date: 5/19/98
Page: 7
the EOA member agencies/major stakeholders (the County, the City of Imperial Beach, the
Bonita/Sunnyside Fire Protection District, and IAFF Local 2180) continue their review and refinement
of the RFP at this time.
FISCAL IMPACT: The coverage of defibrillator maintenance by AMR for the Fire Department would
result in a savings to the General Fund of approximately $4,200 per fiscal year. The procurement of
defibrillator units by AMR if replacement during the contract period became warranted would
represent a cost-avoidance to the City Df approximately $5,000 per unit (the City currently has 7
units). With respect to the contract extension for 36 months, Staff is not able to state categorically
that the City/System users will save money. However, given the uncertainties and concerns
surrounding the Rural Metro/ City Df San Diego agreement, the stability of our current system and its
rates, combined with the indicators that an RFP would likely result in a rate increase, Staff believes
that savings will occur.
/;¿,~?
-.. ""' .."W",UL'" n~nnTH~n .~_. _._~~ ,- '- .' . .
RESOLUTION NO. /&"99')
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
ADVANCED LIFE SUPPORT (PARAMEDIC) SERVICE
CONTRACT WITH AMERICAN MEDICAL RESPONSE IN
ACCORDANCE WITH THE TERMS SET FORTH IN THE
STAFF REPORT, DIRECTING THE CITY ATTORNEY TO
PREPARE THE AMENDMENT IN ACCORDANCE WITH SAID
TERMS, AND DIRECTING STAFF TO FURTHER EVALUATE
THE ADVANCED LIFE SUPPORT SYSTEM IN THE CHULA
VISTA EXCLUSIVE OPERATING AREA
WHEREAS, pursuant to Council action in November of 1996,
an amendment was made to the agreement with Hartson Medical
Services [recently purchased by American Medical Response (AMR)]
which, among other things, adjusted the contract period to end on
October 31, 1998, and directed staff to pursue an RFP/competitive
bid process for the provision of Advanced Life Support Services
beyond October 31, 1998; and
WHEREAS, this was done to give City staff time to
evaluate the impact of the City of San Diego recent actions
regarding changes to their ALS system; and
WHEREAS, staff has taken the appropriate action to
implement Council's direction, however, there has been a concern on
staff's part that such an action may not be in the best interest of
the users of the system in Chula vista or of its public safety
personnel; and
WHEREAS, staff pursued its original direction, but began
to also evaluate alternatives for the provision of Advanced Life
Support Services and made contact with American Medical Response
(AMR) to better evaluate options; and
WHEREAS, staff is seeking conceptual approval from the
city Council regarding an extended agreement with AMR.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve in concept an amendment to
the Advanced Life Support (paramedic) service contract with
American Medical Response in accordance with the terms set forth in
the staff report and direct the city Attorney to prepare the
amendment in accordance with said terms for final City Council
approval.
BE IT FURTHER RESOLVED that staff is hereby directed to
further evaluate the Advanced Life Support System in the Chula
vista Exclusive Operating Area and return no later than April 30,
2000 with an overall recommendation for the delivery of Advanced
Life Support Services.
1
/,2-~
Presented by Approved as to form by
\
James Hardiman, Fire Chief
c: Irslparamed.amr
2
) e2 -9
CHULA VISTA . FIRE FIGHTERS
POST OFFICE BOX 697 CHULA VISTA, CA 91910
LOCAL 2'.0. I.A.F.F.
May 9,1998
Mr. Dave Rowlands
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Rowlands,
The Chula Vista Firefighters wish to extend their support for the extension of the current contract
with American Medical Response (AMR).
The Firefighters enjoy a unique working relationship with the employees of AMR that is
unparalleled with any other Public -Private delivery of Advanced Life Support (ALS) in San
Diego County. AMR Paramedics that have had the opportunity to work in other areas of the
County have often expressed their desire to return and work with the Firefighters of the City of
Chula Vista Fire Department.
In addition, AMR's commitment to discuss issues and make improvements with the City ofChula
Vista during the term of the contract will only help to enhance ALS service and its ability to
support the continued growth of our community.
In closing, the working relationship coinciding with AMR's commitment to enhance service will
provide the citizens ofChula Vista with an efficient and professional delivery of Advanced Life
Support.
Sincerely,
-/~
Steve Miller
President
/ ..2.../¿?
.",~5
. --
CHULA VISTA FIRE FIGHTERS
POST OFFICE BOX 697 CHUI.A VISTA, CA 91910
April 24, 1998 LOCAL 2' 80. .A.F.F.
.4Þ/j' <'
1 /998
Mr. Dave Rowlands
City Manager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Rowlands,
As the President of Chula Vista Firefighters Local 2180, I am requesting that the current
emergency medical services "Request for Proposal" (RFP) process for the City ofChula Vista be
stopped at this time in order to analyze available emergency medical service delivery options in
more detail. I am concerned that the current RFP as it is written does not completely address the
many important issues that will affect the City's ability to deliver efficient and successful
emergency medical services to the citizens of our community.
My recommendation is that a representative from the City Manager's office, Fire Chief and Local
2180 President meet in a collaborative effort to discuss this RFP and other available delivery
options at your earliest convenience.
Thank you for your consideration with this matter, please feel fÌ'ee to contact me at 620-0107 if
you have any questions concerning my recommendation.
Sincerely,
~
Steve Miller
President
/~-I/
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, ¡ r (/
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~~
,----.
;;~~'
ON OF
(HULA VISTA
OFFICE OF THE CITY MANAGER
May 12,1998
Mr. Rich Ahrendt
Vice President of Operations
American Medical RespDnse
9573 Chesapeake Drive
San Diego, CA 92123
Dear Mr. Ahrendt:
Thank you for taking the time on April 28 to meet with me and my staff to discuss this all-
important issue of continuing a superior level of ALS service to the City of Chula Vista and
the Exclusive Operating Area.
This letter is intended to set forth the basic terms upon which the City of Chula Vista ("City"),
acting on behalf of the Chula Vista Exclusive Operating Area jurisdictions (City of Imperial
Beach and the Bonita/Sunnyside Fire Protection District) will consider extending the existing
agreement with American Medical Response ("AMR") for the provision of Advanced Life
Support services (ALS). The terms set fDrth herein are intended to encompass the terms of
the tentative agreement as discussed with you last week.
(1) Term: The contract period shall be extended for 36 months commencing
November 1, 1998 and terminating October 31, 2001.
(2) Waiver of RiÇlht to Request Rate Increases: AMR waives its right to request
annual rate increases from the effective date of this amendment and extending
until October 31, 2001.
(3) Agreement to Re-oDen NecDtiations: At any time during the term of the
agreement, either Party reserves the right to propose system enhancement
changes which will better meet the needs of the service area. The Parties
agree to meet and confer and determine the appropriateness of any such
change to the system and any necessary Dr appropriate corresponding
increase in AMR's rates. Any such change shall be by mutual agreement with
each Party acting in its sole discretion, and subject to the discretionary action
of the City Council.
/02.-/oZ.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5031
Mr. Rich Ahrendt
May 12, 1998
(4) Aareement to Provide and/or Maintain Medical SuDplies and Equipment" AMR
agrees to maintain and replace (as is deemed necessary by the manufacturer
or as may be reasonably required by the City) Fire Department semi-automatic
defibrillation units, and continue the current practice of resupplying medical
supplies and related emergency medical equipment pursuant to the Second
Amendment. Replacement, if necessary, of defibrillation units shall be limited
to three per year. Any defibrillation units replaced under the term of this
agreement will become the property of AMR. The parties agree to meet and
confer on the specifications of the replacement units appropriate tD the
intended application and to changes in technolDgy.
(5) Continuation of Modular-type ALS Units: AMR shall maintain Primary Type-III
Modular ALS units in the Chula Vista Exclusive Operating Area in accordance
with past practices.
(6) Performance Security: AMR shall increase performance security from $100,000
to $300,000.
(7) Insurance: AMR shall increase its General Liability insurance coverage from
$1,000,000 to $2,000,000 Combined Single Limit Liability. The policy shall
include coverage for AMR vehicles, both owned and hired; shall be an
"occurrence"-type policy; and shall be issued by an insurance company which
has a Best's Rating of "A, Class V" or better.
If the terms of this letter are acceptable to you, your execution and delivery of this letter to
me shall constitute your irrevocable offer to the City to extend the agreement for ALS
services on such terms as stated herein. Following receipt of the properly executed letter
from you, this item will be submitted, within 30 days from the date of this letter, to the City
Council for approval. Subject to the City Council's approval, staff will then prepare a formal
amendment to the agreement.
Thank you again for your interest in finding ways to better serve the citizens of this area.
Please let me know if you have any questions.
~~ Accepted and agreed:
b~ S- 0/2- Ytf
.
Rich Ahrendt Date
Assistant City Manager Vice President of Operations
American Medical Response
/.2 -/3
CITY OF CHULA VISTA
- --__-0-_0______----------
COUNCIL AGENDA STATEMENT /..3
Item
Meeting Date 5/19/98
ITEM TITLE: ¡7. Resolution / 1?"99 r Approving Grant of Easements and Maintenance
Agreement By and Between the City of Chula Vista and Pacific Bay Properties
Relating to Thoroughfare Medians, Landscaped Areas, and Parkways Within
Chula Vista Tract 90-02, Salt Creek Ranch and Authorizing the Mayor to
Execute Said Agreement
ß. Resolution I r'l9'1 Approving Grant of Easements and Maintenance
Agreement by and Between the City of Chula Vista and Pacific Bay Properties
Relating to Thoroughfare Medians, Landscaped Areas, and Parkways Within
Hunte Parkway Between Otay Lakes Road and the Southerly Boundary of Chula
Vista Tract 90-02, Salt Creek Ranch, and Within Proctor Valley Road Between
Mount Miguel Road and the Westerly Boundary of Salt Creek Ranch and
Authorizing the Mayor to Execute Said Agreement
C. Resolution 19¿?t:?t? Approving Detention Basin Maintenance Agreement
by and Between the City of Chula Vista and Pacific Bay Properties and
Authorizing the Mayor to Execute Said Agreement
]) Resolution / 9 t7 ¡? / Authorizing City Staff to Prepare an Ordinance
. Amending Section 12.32.190 of the Chula Vista Municipal Code to Provide for
C¡" Emo~", of Ag~ to M>-."" WUhin Publi,
Rights-of-Way
SUBMITTED BY: Director of Public Works¡.
City Attorney
REVIEWED BY: City Manage~ ~ -?' (4/5ths Vote: Yes_NoX)
At its June 17, 1997 meeting, the City Council adopted Resolution No. 18702 approving the fIrst
Supplemental Subdivision Improvement Agreement for Chula Vista Tract 90-02, Salt Creek Ranch, in
which the City and Pacific Bay Properties agreed to meet and confer in good faith in order to determine
whether any mutually acceptable means was available to fund and to guarantee the maintenance of
thoroughfare medians and parkways associated with the Salt Creek Ranch project. The City and
developer agreed that the developer would have the option of maintaining said medians and parkways
either through a Community Facilities District (CFD) or through a homeowners association (HOA); the
developer has chosen the HOA option. At its September 23, 1997 meeting, the City Council adopted
Resolution No. 18786 approving the second Supplemental Subdivision Improvement Agreement for Salt
Creek Ranch, in which Pacific Bay Properties agreed to negotiate in good faith with the City and the
State Department of Fish and Game to enter into agreement(s) in order to implement a storm drain
runoff detention basin maintenance plan for the detention facility located at Hunte Parkway and Proctor
Valley Road.
The proposed agreements between Pacific Bay Properties and the City would obligate Pacific Bay
Properties, and ultimately the HOA, to maintain the thoroughfare medians and parkways and the
northerly 1.64 acres of the detention basin by the project's Homeowners Association (HOA) and to
maintain the southerly 0.67 acres of the storm detention basin by Pacific Bay Properties for a period
of five years or until upstream development has been completed, whichever is the later occurrence, at
I,J-/
Page 2, Item
Meeting Date 5/19/98
which time maintenance obligations for the southerly 0.67 acres will be assumed by the City. City staff
and Pacific Bay Properties have prepared the three proposed agreements now before City Council for
consideration.
Further, City Council has expressed concern regarding the City's ability to enforce agreements,
covenants, codes, or restrictions which require individuals, homeowner's associations, or other legal
entities to maintain landscaping within public rights-of-way. Staff has prepared a proposed draft
ordinance addressing this concern and is requesting authorization to proceed with its development.
RECOMMENDATION: That Council approve the resolutions and authorize the mayor to execute the
agreements on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
A¡:reements for Thorou¡:hfare Medians and Parkways Within and Adiacent to Salt Creek Ranch
At its June 17, 1997 meeting, City Council adopted Resolution No. 18702 approving the first
Supplemental Subdivision Improvement Agreement for Chula Vista Tract 90-02, Salt Creek Ranch, in
which the City and Pacific Bay Properties agreed to meet and confer in good faith in order to determine
whether any mutually acceptable means was available to fund and to guarantee the maintenance of
thoroughfare medians and parkways. Under said agreement, the developer had the option of
maintaining said medians and parkways either through a Community Facilities District (CFD) or
through a homeowners association (HOA); the developer has chosen the HOA option. The proposed
agreements between Pacific Bay Properties and the City would obligate Pacific Bay Properties, and
ultimately the HOA, to maintain the thoroughfare medians and parkways. However, since thoroughfare
medians and parkways are within dedicated public rights-of-way and easements, it is necessary to enter
into an agreement in which the City grants maintenance easements over said thoroughfares within and
adjacent to Salt Creek Ranch in exchange for maintenance by the HOA.
The City Attorney's office has determined that separate agreements are required for the grant of
easements and maintenance of thoroughfare medians and parkways within the Salt Creek Ranch project
and for the grant of easements and maintenance of thoroughfare medians and parkways outside of, and
adjacent to, the Salt Creek Ranch project. Attachment 1 shows the areas to be maintained.
The proposed agreements (see Attachments 2 and 3) specify certain maintenance, insurance, indemnity,
and bonding (Hunte Parkway Offsite and Proctor Valley Road Offsite) requirements in order to protect
the City's interests and to assure that maintenance is performed at an adequate level. Each of the
proposed agreements include provisions in which: the agreement runs with the land; the agreement is
binding upon successors, assigns, and interests; and, it is clearly understood that Pacific Bay Properties
intends to unilaterally transfer its maintenance obligations to the project's HOA.
Staff has reviewed and commented on the proposed Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) for the Salt Creek Ranch project. Said CC&Rs, as revised to reflect staff
comments, include adequate provisions for the assumption of maintenance by the HOA of Pacific Bay
Home's maintenance obligations for thoroughfare medians and parkways within the project and along
Hunte Parkway Offsite and Proctor Valley Road Offsite.
/3-,2,
Page 3, Item
Meeting Date 5/19/98
It should also be noted that the proposed agreement covering maintenance of Proctor Valley Road
Offsite and Hunte Parkway Offsite medians and parkways includes provisions acknowledging automatic
termination of maintenance obligations for said medians and parkways upon development of property
adjacent to said thoroughfares by Trimark Pacific (San Miguel Ranch) and The EastLake Company
(EastLake Woods), respectively, in accordance with existing agreements between Pacific Bay Properties
and Trimark Pacific and between Pacific Bay Properties and The EastLake Company. The proposed
agreement also includes a provision which requires Pacific Bay Properties, and its' successor(s) in
interest, to provide a maintenance bond to guarantee the maintenance of said offsite medians and
parkways until such time as maintenance obligations automatically terminate.
It is recommended that the City Council adopt the resolutions approving the proposed agreements for
the maintenance of thoroughfare medians and authorize the mayor to sign said agreements.
Detention Basin Maintenance A¡,¡reement
At its September 23, 1997 meeting, the City Council approved Resolution No. 18786 for a Supplemental
Subdivision hnprovement Agreement in which Pacific Bay Properties agreed to negotiate in good faith
with the City and the State Department of Fish and Game to enter into agreement(s) in order to
implement a detention basin maintenance plan for the detention facility at Hunte Parkway and Proctor
Valley Road. Pacific Bay Properties has obtained approval from the State Department of Fish and Game
and the United States Army Corps of Engineers for a "Habitat Enhancement Plan", included as Exhibit
"B" of the proposed agreement, for the northerly 1.64 acres of the detention basin. The City Engineer
has approved the "Maintenance Program for Proctor Valley Road Detention Basin", included as Exhibit
"c" of the proposed agreement, for maintenance (primarily silt removal) of the southerly 0.64 acres
of the detention basin. Said "Habitat Enhancement Plan" and "Maintenance Program for Proctor Valley
Road Detention Basin" together constitute an acceptable "detention basin maintenance plan" , as required
by the Supplemental Subdivision Improvement Agreement.
Staff and Pacific Bay Properties have agreed, subject to City Council approval, to maintenance of the
northerly 1.64 acres of the detention basin by the HOA and the southerly 0.67 acres of the detention
basin by Pacific Bay Properties for a period of five years or until upstream development has been
completed, whichever is the later occurrence, at which time maintenance obligations for the southerly
0.67 acres will be assumed by the City. The northerly 1.64 acres is included in the "Habitat
Enhancement Plan". The southerly 0.67 acres is not included in the "Habitat Enhancement Plan"
because of its proximity to the culvert under Proctor Valley Road and the necessity for occasional silt
removal to maintain proper flow in the culvert. Since it is excluded from the "Habitat Enhancement
Plan" such future work will not require wetlands mitigation. In order to assure maintenance of the
detention basin, Pacific Bay Properties has granted a drainage maintenance easement to the City for said
southerly portion and is required to provide a maintenance bond to guarantee the maintenance of the
southerly 0.67 acres of the detention basin for a minimum of five years and to keep said bond in full
force until such time as maintenance obligations are fully assumed by the City.
The proposed agreement (see Attachment 4) specifies certain maintenance, indemnity, and bonding
requirements in order to protect the City's interests and to assure that maintenance is performed at an
adequate level by the developer until such time as full maintenance obligations are assumed by the City.
The proposed agreement also includes provisions in which: the agreement runs with the land; the
agreement is binding upon successors, assigns, and interests; and, it is clearly understood that Pacific
J;J-:J
Page 4, Item
Meeting Date 5/19/98
Bay intends to unilaterally transfer its maintenance obligations under the agreements to the project's
HOA.
Staff recommends that the City Council adopt the resolution approving the proposed detention basin
maintenance agreement and authorize the mayor to sign said agreement.
CiQ' Enforcement of A~reements Pertainin~ to Maintenance of Public Ri~ht~-of-WaY
City Council has expressed concern regarding the City's ability to enforce agreements, covenants,
codes, or restrictions which require individuals, homeowner's associations, or other legal entities to
maintain landscaping within public rights-of-way.
Under the current City of Chula Vista Municipal Code, property owners, lessees and agents of multiple
family, commercial and industrial property are required to maintain public rights-of-way which are
immediately adjacent to the property under their control, including the area between the private property
line and the public curb line. However, the current ordinance does not provide an effective
enforcement mechanism whereby the City may enforce maintenance standards for public right-of-way
areas agreed upon between private parties (i.e., such as individuals and homeowners' associations)
and/or the City.
The proposed draft amendment (see Attachment 5) to the existing Municipal Code, developed by the
City Attorney's office, would provide the City with the ability to enforce agreements, including but not
limited to covenants, codes or restrictions, as they relate to the maintenance of public rights-of-way.
The ordinance would make it unlawful for a person, homeowners' association or other legal entity to
fail to maintain public right-of-way areas in compliance with any agreement. covenant, code or
restriction and in accordance with City-approved landscape plans or applicable City standards. A
violation of this section could constitute an infraction or misdemeanor but could also be resolvable via
abatement, administrative citation, mediation or other proceeding.
Therefore, it is recommended that the City Council adopt the resolution authorizing staff to prepare an
ordinance amending Section 12.32.190 of the Chula Vista Municipal Code to provide for City
enforcement of requirement8 pertaining to maintenance within public rights-of-way.
FISCAL IMPACT:
Pacific Bay Properties has paid all costs associated with the development of the proposed agreements.
City will assume maintenance obligations and costs for the detention basin at Proctor Valley Road and
Hunte Parkway five years from the execution of this agreement. Costs for said maintenance will be
included within the annual maintenance of City-wide drainage facilities. The future maintenance costs
for the 0.67 acres is expected to be minimal because the upstream area should be stabilized by the time
the City takes it over.
Attachments:
Attachment 1: ~_ing Location of Medians & Parkways (Onsite & Offsite) and Detention Basin
AttaChme~ t of Easements and Maintenance Agreement (DEDICATED EASEMENTS)
~ . Grant of Easements and Maintenance Agreement (OFFSITES)
ent 4: Detention Basin Maintenance Agreement By and Between the City of Chula Vista and Pacific Bay Properties
Attachment 5: Proposed Draft Ordinance Amending Section 12.32.190 of the Chula Vista Mwricipal Code to Provide for City
Enforcement of Requirements Pertaining to Maintenance Within Public Rights-of-Way.
[File Nos. 0600-50-SCR28/0600-50-SCR100] [H:\HOMEIENGINEERIAGENDAISCR MTNC.113]
J .3 -~ -
RESOLUTION NO. J g' f! 9?t'
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA AND PACIFIC BAY PROPERTIES
RELATING TO THOROUGHFARE MEDIANS, LANDSCAPED
AREAS, AND PARKWAYS WITHIN CHULA VISTA TRACT
90-02, SALT CREEK RANCH AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on June 17, 1997, in order for Pacific Bay Properties
to obtain a final map for the Property and for the City to have
assurance that the maintenance of the Project's open space areas
and thoroughfare median areas would be provided for, the City and
Pacific Bay Properties entered into a Supplemental Subdivision
Improvement Agreement, by Resolution 18702, in which Pacific Bay
Properties had the option of maintaining such areas by the creation
of a Homeowners Association ("HOA") or the establishment of a
Community Facilities District; and
WHEREAS, Pacific Bay properties has decided that the
thoroughfare medians, landscaped areas and parkways within Chula
vista Tract 90-02, will be maintained by a HOA and has established
such an association for this purpose; and
WHEREAS, staff and Pacific Bay Properties have agreed, subject
to city Council approval, and the terms and conditions of the
Maintenance Agreement referred to herein, that the project's HOA
shall maintain the thoroughfare medians, landscaped areas, and
parkways within Chula vista Tract 90-02; and
WHEREAS, city desires to grant to Pacific Bay easements for
landscape maintenance purposes upon, over, and across portions of
the medians, landscaped and hardscaped areas, and parkways in order
to facilitate the obligations of Pacific Bay pertaining to
maintenance of such areas.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Grant of Easements and
Maintenance Agreement By and Between the City of Chula vista and
Pacific Bay Properties Relating to Thoroughfare Medians, Landscaped
Areas, and Parkways within Chula vista Tract 90-02, Salt Creek
Ranch, a copy of which shall be kept on file in the office of the
ci ty Clerk as Document No .(!o91l--tJ7G
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said Agreement for and on behalf of the City
of Chula vista.
Presented by Approved as to form by
~ rv[~~ ~ -
John P. Lippitt, Director of John M. Kaheny, City At orney
Public Works /Yd-/ !13/J-15-
C:\r,\,altcrek.ea,
C!! ô ~ 9 i~ 0 --;7::;-
Recording Requested by and
When Recorded Return to:
city Clerk
City of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of less
than a fee interest for which no cash
consideration has been paid or - Above Space for Recorder's Use Only -
.,.,.,.,.,.,.",.",.",.",.""".,.,."""""""""",,,"""""'",ø""".",ø",.,,,
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made this - day of ,1998,
by and between the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
("city") and PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION
("Pacific Bay"), successor-in-interest to Pacific Bay Homes.
RECITALS
A. WHEREAS, this Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described in Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a planned residential
development project commonly known as "Salt Creek Ranch." For
purposes of this Agreement the term "project" shall also mean the
"Property".
B. WHEREAS, Pacific Bay is the owner of the Property.
C. WHEREAS, pursuant to those certain instruments recorded
in the Official Records of the San Diego County Recorder's Office
and listed in Exhibit "B", Pacific Bay has dedicated easements for
street, landscape buffer, and sidewalk purposes to city
(collectively, referred to herein as "Dedicated Easements").
D. WHEREAS, on June 17, 1997, in order for Pacific Bay to
obtain a final map for the Property and for the City to have
assurance that the maintenance of the Project's open space areas
and thoroughfare median areas would be provided for, the City and
Pacific Bay entered into a Supplemental Subdivision Improvement
Agreement, by Resolution 18702, in which Pacific Bay agreed that
maintenance of such areas shall be accomplished by the creation of
a Homeowners Association or the establishment of a Community
Facilities District.
",\HomeWlom'yI",nd",p' 1
/ J~ -)..,
----'-' ---- - ------.---- -.---------.-- ---------._------
E. WHEREAS, Pacific has decided that the above described
areas will be maintained by a Homeowners Association and has
established such an association for this purpose.
D. WHEREAS, City desires to grant to Pacific Bay easements
for landscape maintenance purposes upon, over, and across portions
of the Dedicated Easements consisting of medians, landscaped and
hardscaped areas, and parkways which are located within said
Dedicated Easements in order to facilitate the obligations of
Pacific Bay as set forth in the supplemental Subdivision
Improvement Agreement, adopted by Resolution No. 18702.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as set forth below.
1. Grant of Easements. city hereby grants to Pacific Bay
and its agents, successors, and assigns, non-exclusive easements
and rights-of-way over and across that portion of real property
more particularly described on Exhibit "B" for the purpose of
maintaining, repairing, and replacing the landscaping improvements
located thereon (the easement area shall be referred to herein as
the "Maintenance Area"). The Maintenance Area is diagrammatically
shown on Exhibit "c" attached hereto.
2. Maintenance obligations.
a. Pacific Bay to Maintain. Pacific Bay hereby covenants
and agrees to, at its sole cost and expense, maintain, repair and
replace, or cause to be maintained, repaired or replaced, the
Maintenance Area, including all landscape improvements located
thereon, at a level equal to or better than the level of
maintenance set forth in the Project's Landscape and Irrigation
Plan ("Landscape Plan"), as approved by the city. For purposes of
this Agreement, the term "Maintenance or Maintain" shall mean the
maintenance, repair and replacement obligations described herein.
b. Transfer to HOA. Pacific Bay represents to the city that
it intends to and has the authority, to unilaterally transfer said
Maintenance obligations, to the Project's Homeowners Association
("HOA") , and that such transfer has been provided for in the
appropriate HOA documents, including the HOA's Declaration of
Covenants, Conditions and Restrictions ("CC&Rs") and that such
document(s) includes the provisions described in paragraph 3 (a) (ii)
below.
3. Assignment and Release.
a. Assignment. Upon Pacific Bay's transfer of the
Maintenance obligations to the HOA, it is intended by the parties,
that the HOA shall perform the Maintenance obligations either by
its own forces or by contractors. Such transfer will release
Pacific Bay from its obligations only if all of the following
occur:
H,\Hom,Wtom","'nd",p' 2
/3A'3
i. HOA Accepts obligation. The HOA has
unconditionally accepted and assumed all of Pacific Bay's
obligations under this Agreement in writing and such assignment
provides that the Burden of this Agreement remains a covenant
runnlng with the land and the assignee expressly assumes the
obligations of Pacific Bay under this Agreement, The assignment
shall also have been approved by the appropriate governing body of
the HOA by resolution or similar procedural method and approved as
to form and content by the City Attorney. The City attorney shall
not unreasonably withhold its consent to such assignment.
ii. HOA's CC&R's. The City has reviewed and approved
the HOA's recorded CC&R's to confirm that said document contains
the following provisions; the HOA shall be responsible for
complying with all the terms and obligations of this Agreement, the
HOA shall be responsible for the Maintenance of the Maintenance
Area in accordance with the Landscape Plan, the HOA shall indemnify
the City for all claims, demands, causes of action liability or
loss related to or arising from the Maintenance activities, and the
HOA shall not seek to be released by the City from the obligations
of this Agreement, without the prior consent of the city and 100
percent of the holders of first mortgages or owners of the Project.
iii. HOA Insurance. The HOA procures and formally
resolves to Maintain at its sole cost and expense commencing upon
city's release of all of Pacific Bay's landscape maintenance bonds,
a policy of comprehensive general liability insurance written on a
per occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name city, its
officers, employees, and agents as additional insureds. The HOA
shall provide city with a certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
b. Release. When all conditions precedent in 3(a) above are
fulfilled, Pacific Bay shall be released from its obligations under
this Agreement, including its security and insurance requirements.
Pacific Bay acknowledges that it has a contractual obligation to
perform the terms and conditions of this Agreement until and unless
released by the City from this Agreement. At least sixty (60) days
prior to such transfer, Pacific Bay shall give notice, to the City
of Pacific Bay's intent to transfer its Maintenance obligations
herein and provide the City the appropriate documents listed in
paragraph 3(a) above.
4. Insurance. Pacific Bay hereby agrees to procure and
maintain, at its sole cost and expense, in a form and content
issued by an insurer satisfactory to city, a policy of
comprehensive general liability insurance written on a per
occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
H,IHomo'Attomoy\laod",po 3 J J /fori
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name City, its
officers, employees, and agents as additional insureds. Pacific
Bay shall provide City with a certificate of Insurance within sixty
(60) days from the effective date of this Agreement or no less than
thirty (30) days prior to the acceptance of Proctor Valley Road or
Hunte Parkway offsite street improvements by City, whichever is
later. Said policy of insurance shall provide that said insurance
may not be amended such that it no longer complies with this
section or cancelled without providing thirty (30) days prior
written notice to city. In the event that said policy of insurance
is cancelled, Pacific Bay shall provide City with new evidence of
insurance in conformance with this section prior to the
cancellation date.
5. Indemnity. Pacific Bay understands and agrees that city,
as indemnitee, or any officer, agent, or employee thereof, shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of Pacif ic Bay, its agents,
employees, successors, or assigns, related to Pacific Bay's
Maintenance activities in the Maintenance Areas. Pacific Bay
further agrees to protect and hold the city, its officers, agents,
and employees, harmless from any and all actions, suits, claims,
damages to persons or property, costs, penalties, obligations,
errors, omissions, demands, liability, or loss of any sort (herein
"claims or liabilities"), that may be asserted or claimed by any
person, firm, or entity because of or arising out of or in
connection with the use, maintenance, or repair of the Maintenance
Areas by Pacific Bay, its agents, employees, successors, assigns,
members, or contractors, excepting any negligence or willful
misconduct on the part of City, its officers, employees, and
agents.
6. Agreement Applicable to subsequent Owners.
a. Agreement Binding Upon 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 Property until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants
contained in this Agreement ("Burden") is for the benefit of the
Property and the City, its successors and assigns, and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
H,\Home\¡\ttoffie,,"md"'pe 4 ......--
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7. Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the state of California.
8. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego County Recorder's
Office.
9. counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all of
which shall constitute one and the same document.
10. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the San Diego County
Recorder's Office within 30 days after this Agreement has been
approved by the City Council and prior to any instrument relating
to the formation of the HOA, including the HOA's CC&Rs, has been
recorded against the Property.
11. Miscellaneous Provisions.
a. 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.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: city Engineer
PACIFIC BAY PROPERTIES
2300 Boswell Road, suite 209
Chula Vista, CA 91914
Attn: Project Manager
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
b. captions. captions in this Agreement are inserted for
convenience of reference and do not define, describe or limit the
scope or intent of this Agreement or any of its terms.
H,\Home,^uome¡;Landscape 5
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c. Entire Agreement. This Agreement, together with any
other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous oral
or written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the
parties unless expressly noted.
d. Recitals; Exhibits. Any recitals set forth above and any
attached exhibits are incorporated by reference into this
Agreement.
e. Compliance with Laws. In the performance of its
obligations under this Agreement, Pacific Bay, its agents, and
employees shall comply with any and all applicable federal, state,
and local laws, regulations, ordinances, policies, permits, and
approvals.
f. Authority of Signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter
into this Agreement.
g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Official
Records of the San Diego County Recorder's Office.
h. Severability. If any term, covenant or condition of this
Agreement or the application thereof to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term, covenant, or
condition to person or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected thereby
and each term, covenant, or condition shall be valid and be
enforced to the fullest extent permitted by law.
i. preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or its
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
H,\Hom,Wtom'yI'-'nd",p' 6 ),1- ')
MAY-14-98 09,14 FROM,PACIFIC BAY HOMES ID,6I9 656 4306 PAGE 2/3
SIGNA'l'OR.E PAGE TO
GRANT OF BASmŒNTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
IN WITNESS WHEREOF. thè parties heretD have caused this.
Agreement to be executed the day and year first hereinabove set
fQrtn..
CITY OF CHULA VLSTA PACIFIC BAy PROPERTIES
Shirley Horton, Mayor
Attest:
Beverly Authelet, city Clerk
Approved as to form: Approved as to for¡¡¡:
John M. Kaheny, City Attorney Attorney for Pacific Bay Homes
110\1_""",-" 7
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EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS:
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRil 17,1883.
PARCEL 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
PAGE 1 OF 5 /JA,.- 7'
:DBS M:\LEGALS\1413\O24\A36.DOC
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CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17,1883.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2,1988, AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF TH= SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PAGE 2 OF 5 /JA ria
:DBS M:\LEGALS\14131D24\A36.DOC
WO 1413-24 31241'ifl
;.~
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER.oF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 S.oUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE .oF
CALlF.oRNIA, ACC.oRDING T.o UNITED STATES G.oVERNMENT SURVEY THERE.oF.
PARCEL 8:
THE S.oUTHEAST QUARTER .oF THE S.oUTHWEST QUARTER AND THE EAST QUARTER
.oF THE S.oUTHWEST QUARTER .oF THE S.oUTHWEST QUARTER .oF SECTI.oN 24.
THE N.oRTHEAST QUARTER .oF THE N.oRTHWEST QUARTER, THE EAST QUARTER .oF
THE N.oRTHWEST QUARTER OF THE N.oRTHWEST QUARTER AND THE S.oUTH HALF
.oF THE N.oRTHWEST QUARTER .oF SECTI.oN 25, ALL BEING IN T.oWNSHIP 17 S.oUTH,
RANGE 1 WEST, SAN BERNARDIN.o MERIDIAN, ACC.oRDING T.o UNITED STATES
G.oVERNMENT SURVEY, APPR.oVED APRIL 17,1883.
PARCEL 9:
THAT P.oRTI.oN .oF THE S.oUTH HALF .oF THE SOUTHWEST QUARTER .oF SECTI.oN 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY .oF SAN
DIEG.o, STATE .oF CALlF.oRNIA, ACC.oRDING T.o UNITED STATES G.oVERNMENT
SURVEY APPR.oVED APRIL 17, 1883, DESCRIBED AS F.oLL.oWS:
BEGINNING AT A P.oINT .oN THE N.oRTH LINE .oF SAID S.oUTH HALF .oF THE
SOUTHWEST QUARTER .oF SAID SECTl.oN 25, DISTANT THERE.oN
S.oUTH 88°53'30. EAST, 1136.70 FEET FR.oM THE N.oRTHWEST C.oRNER THERE.oF;
THENCE S.oUTH 41°48'30. EAST 1817 FEET, M.oRE OR LESS, T.o A POINT ON THE
S.oUTH LINE .oF SAID SECTI.oN 25, SAID S.oUTH LINE BEING ALS.o THE N.oRTH
PAGE 3 OF 5 ) J/9 -//
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BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE
SOUTH 88°49' EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST
QUARTER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST,
1332.13 FEET TO A FOUR -INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR
THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE
OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER NORTH 88°53'30' WEST, 1578.87
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4,1905, IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
PAGE 4 OF 5
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WO 1413-24 3/24/97
. _.._---_.-.~-----_._----
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DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
?~-¡ U-~ T 5-24-'77
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
:DBS M:\LEGALS\1413\C24\A36.DOC PAGE 5 OF 5 /:fA ..- ! J
WO 1413-24 3/24/97
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EXHIBIT "B"
LIST OF EASEMENTS DEDICATED TO CITY FOR
STREET, LANDSCAPE BUFFER, RECREATIONAL
TRAIL, AND/OR SIDEWALK PURPOSES
1. Proctor Valley Road
Easement for Street and Landscape Buffer and Sidewalk Purposes
Granted to the City of Chula Vista per Document Recorded
7/09/97 as File No. 1997-0322402, O.R.
2. Hunte Parkwav
Easement for Street, Landscape Buffer, and Recreational trail
Purposes Granted to the City of Chula Vista per Document
Recorded 7/09/97 as File No. 1997-0322397, O.R.
Portion of Hunte Parkway Dedicated per Map No. 13500
3. Lane Avenue
Easement for Street and Landscape Buffer Purposes Granted to
the City of Chula Vista per Document Recorded 7/09/97 as File
No. 1997-0322400, O.R.
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RESOLUTION NO. ;I~7fJ??1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA AND PACIFIC BAY PROPERTIES
RELATING TO THOROUGHFARE MEDIANS, LANDSCAPED
AREAS, AND PARKWAYS WITHIN HUNTE PARKWAY
BETWEEN OTAY LAKES ROAD AND THE SOUTHERLY
BOUNDARY OF CHULA VISTA TRACT 90-02, SALT
CREEK RANCH, AND WITHIN PROCTOR VALLEY ROAD
BETWEEN MOUNT MIGUEL ROAD AND THE WESTERLY
BOUNDARY OF SALT CREEK RANCH AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on June 17, 1997, in order for Pacific Bay to obtain
a final map for the Property and for the City to have assurance
that the maintenance of the Project's open space areas and
thoroughfare median areas would be provided for, the City and
Pacific Bay entered into a Supplemental Subdivision Improvement
Agreement, by Resolution 18702, in which Pacific Bay was given the
option of maintaining said areas by the creation of a Homeowners
Association ("HOA") or the establishment of a Community Facilities
District; and
WHEREAS, Pacific Bay Properties has decided that the above
described areas will be maintained by a HOA and has established
such an association for this purpose; and
WHEREAS, staff and Pacific Bay have agreed, subject to city
Council approval, and the terms and conditions of the Maintenance
Agreement referred to herein, that the Project's HOA shall maintain
the thoroughfare medians, landscaped and hardscaped areas, and
parkways within Hunte Parkway between otay Lakes Road and the
southerly boundary of Chula vista Tract 90-02, Salt Creek Ranch,
and within Proctor Valley Road between Mount Miguel Road and the
westerly boundary of Salt Creek Ranch; and
WHEREAS, City desires to grant to Pacific Bay Properties
easements for landscape maintenance purposes upon, over, and across
portions of said thoroughfare medians, landscaped and hardscaped
areas, and parkways within Hunte Parkway between Otay Lakes Road
and the southerly boundary of Chula vista Tract 90-02, Salt Creek
Ranch, and within Proctor Valley Road between Mount Miguel Road and
the westerly boundary of Salt Creek Ranch, in order for Pacific Bay
Properties to perform said maintenance obligations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Grant of Easements and
Maintenance Agreement by and between the City of Chula vista and
Pacific Bay Properties Relating to Thoroughfare Medians, Landscaped
Areas, and Parkways within Hunte Parkway between Otay Lakes Road
and the southerly boundary of Chula Vista Tract 90-02, Salt Creek
Ranch, and within Proctor Valley Road between Mount Miguel Road and
the westerly boundary of Salt Creek Ranch, a copy of which shall be
kept on file in the office of/~ g~ ;lerk as Document No (}O Q5-671..
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said Agreement for and on behalf of the City
of Chula vista.
Presented by Approved as to form by
Cl- ~~
John P. Lippitt, Director of John M. Kaheny, city Attorney
Public Works
C:\rs\saltcrek.eas
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Recording Requested by and When
Recorded Return to:
city Clerk
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of less
than a fee interest for which no cash
consideration has been paid or
received.
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(OFFSITES)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made this - day of ,1998,
by and between the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
("City") and PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION
("Pacific Bay"), successors-in-interest to Pacific Bay Homes.
RECITALS
A. WHEREAS, this Agreement concerns and affects certain real
property located in Chula Vista, california, more particularly
described in Exhibit "A" attached hereto ("Property").
B. WHEREAS, The EastLake company ("EastLake") a California
Corporation, and Western Salt Company ("Western salt"), a
California Corporation, are each fee title owners of a portion of
the Property, known as the Hunte Parkway Offsite.
C. WHEREAS, Trimark Pacific - San Miguel LLC ("Trimark"),
a California lil!\ited liability company, holds fee title to a
portion of the Property known as the Proctor Valley Road Offsite.
D. WHEREAS, EastLake and Village Properties as predecessors-
in-interest to Pacific Bay, entered into that certain Agreement for
Construction of Hunte Parkway dated June 27, 1988. Pacific Bay
subsequently acquired the Hunte Parkway Offsite portion of the
Property from village Properties.
E. WHEREAS, EastLake and Pacific Bay, as successor-in-
interest to village Properties, entered into that certain Amendment
to Agreement for Construction of Hunte Parkway dated June 2, 1997
("EastLake Amendment") in which EastLake agreed, among other
things, to acquire certain real property from Western Salt and to
grant and dedicate certain easements to City, Pacific Bay agreed,
among other things, to construct Hunte Parkway Offsite and to
maintain the Hunte Parkway Offsite streets cape and landscape
H:IHomolAttomoyIOfr.¡to 1 /3 ß--;J
improvements ("Landscape Areas") until such time as Pacific Bay is
released from its maintenance obligations as provided in said
Amendment to Agreement for Construction of Hunte Parkway.
F. WHEREAS, Pacific Bay entered into that certain Agreement
Relating to Landscape Maintenance dated June 2, 1997 with Western
Salt in which Pacific Bay agrees to maintain Landscaped Areas
adjacent to the Hunte Parkway Offsite right-of-way in exchange for
dedication of certain landscape buffer and sidewalk easements to
City by Western Salt ("Western Salt Agreement").
G. WHEREAS, Pacific Bay entered into that certain Grants of
Easements and permission to Grade dated October 16, 1997 with
Trimark, recorded on November 13, 1997 as Document No. 1997-0571418
in the Official Records of the San Diego County Recorder's Office
("Trimark Agreement"). In the Trimark Agreement, Trimark agreed,
among other things, to dedicate and grant certain easements to city
and Pacific Bay agreed, among other things, to construct Proctor
Valley Road Offsite and to maintain the Proctor valley Road Offsite
streets cape and landscape improvements ("Landscape Areas") until
such time as provided in the Trimark Agreement.
H. WHEREAS, EastLake, Western Salt, and Trimark did dedicate
easements for street, landscape buffer, and sidewalk purposes to
City (collectively, "Dedicated Easements") pursuant to those
certain instruments recorded in the Official Records of the San
Diego County Recorder and listed in Exhibit "B", attached hereto.
1. WHEREAS, City desires to grant to Pacific Bay easements
for landscape maintenance purposes upon, over, and across portions
of the Dedicated Easements consisting of medians, landscaped and
hardscaped areas, and parkways which are located within said
Dedicated Easements.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties agree as set forth below.
1. Grant of Easements. City hereby grants to Pacific Bay
and its agents, successors, and assigns, non-exclusive easements
and rights-of-way upon, over, and across that portion of real
property, more particularly described on Exhibit "B" for the
purpose of maintaining, repairing, and replacing the landscaping
and improvements located thereon (the easement area shall be
collectively referred to herein as "Off-Tract Maintenance Areas").
The Off-Tract Maintenance Areas consist of areas in and adjacent to
Hunte Parkway Offsite and areas in and adjacent to Proctor Valley
Road Offsite, and both such areas are diagrammatically shown on
Exhibit "C" hereto.
2. Maintenance obligations. Pacific Bay hereby covenants
and agrees to maintain, repair and replace, or cause to be
maintained, repaired and replaced, at its sole cost and expense,
the Off-Tract Maintenance Areas, including all landscape
improvements located thereon, at a level maintenance set forth in
H,\H=o\Attomoy\Off.;" 2 /33'(
the Project's Landscape and Irrigation Plan ("Landscape Plan") as
approved by the City. For purposes of this Agreement, the term
"Maintenance or Maintain" shall mean the maintenance, repair, and
replacement obligations described herein. Pacific Bay understands
and agrees that the slope areas located adjacent to the Off-Tract
Maintenance Areas shall be maintained by Pacific Bay at a level of
maintenance that shall protect the adjoining street improvements.
Pacific Bay and the city agree to negotiate in good faith to enter
into a subsequent agreement that shall further refine the
obligations pertaining to maintenance of said adjoining slopes.
Pacific Bay understands and agrees that the City shall not accept
the adjacent street improvements until such agreement has been
approved and executed by the parties.
3. Termination of Maintenance obligations - Hunte parkway
Offsite. Notwithstanding any provision herein to the contrary,
Pacific Bay's obligations and liability under this Agreement with
respect to Off-Tract Maintenance Areas in and adjacent to Hunte
Parkway Offsite shall automatically terminate concurrently with
termination of the obligations to maintain those areas pursuant to
the EastLake Amendment and the Western Salt Agreement. At such
time that Pacific Bay's maintenance obligations automatically
terminate with respect to Off-Tract Maintenance Areas in and
adjacent to Hunte Parkway Offsite, Pacific Bay shall give notice,
as provided herein, to City of said termination.
4. Termination of Maintenance obligations - Proctor Valley
Road Offsite. Notwithstanding any provision herein to the
contrary, Pacific Bay's obligations and liability under this
Agreement with respect to Off-Tract Maintenance Areas in and
adjacent to Proctor Valley Road Offsite shall automatically
terminate concurrently with termination of the obligations to
maintain those areas pursuant to the Trimark Agreement. At such
time that Pacific Bay's maintenance obligations automatically
terminate with respect to Off-Tract Maintenance Areas in and
adjacent to Proctor Valley Road Offsite, Pacific Bay shall give
notice, as provided herein, to city of said termination.
5. Assignment and Release.
a. Transfer to HOA. Pacific Bay represents to the city that
it intends to and has the authority, to unilaterally transfer said
Maintenance obligations, to the project's Homeowners Association
("HOA"), and that such transfer has been provided for in the
appropriate HOA documents, including the HOA's Declaration of
Covenants, Conditions and Restrictions ("CC&Rs") and that such
document(s) includes the provisions described in paragraph 5 (b) (ii)
below.
b. Assignment. upon Pacific Bay's transfer of the
Maintenance obligations to the HOA, it is intended by the parties,
that the HOA shall perform the Maintenance obligations either by
its own forces or by contractors. Such transfer will release
R\Home\Attomey\Ofhile 3 /38-- S-
Pacific Bay from its obligations only if all of the following
occur:
i. HOA Accepts obligation. The HOA has
unconditionally accepted and assumed all of Pacific Bay's
obligations under this Agreement in writing and such assignment
provides that the Burden of this Agreement remains a covenant
running with the land and the assignee expressly assumes the
obligations of Pacific Bay under this Agreement. The assignment
shall also have been approved by the appropriate governing body of
the HOA by resolution or similar procedural method and approved as
to form and content by the city Attorney. The City attorney shall
not unreasonably withhold its consent to such assignment.
ii. HOA's CC&R's. The City has reviewed and approved
the HOA's recorded CC&R's to confirm that said document contains
the following provisions; the HOA shall be responsible for
complying with all the terms and obligations of this Agreement, the
HOA shall be responsible for the Maintenance of the Maintenance
Area in accordance with the Landscape Plan, the HOA shall indemnify
the city for all claims, demands, causes of action liability or
loss related to or arising from the Maintenance activities, and the
HOA shall not seek to be released by the City from the obligations
of this Agreement, without the prior consent of the City and 100
percent of the holders of first mortgages or owners of the Project.
iii. HOA Insurance. The HOA procures and formally
resolves to Maintain at its sole cost and expense commencing upon
City's release of all of Pacific Bay's landscape maintenance bonds,
a policy of comprehensive general liability insurance written on a
per occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name city, its
officers, employees, and agents as additional insureds. The HOA
shall provide City with a certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
iv. HOA Bonds. The HOA procures and formally
resolves to maintain maintenance bonds commencing upon city's
release of all of Pacific Bay's landscape maintenance bonds, in a
form and content reasonably satisfactory to city from a surety
approved by the City for the purpose of guaranteeing maintenance of
the Off-Tract Maintenance Areas.
c. Release. When all conditions precedent in 5(b) above are
fulfilled, Pacific Bay shall be released from its obligations under
this Agreement, including its security and insurance requirements.
Pacific Bay acknowledges that it has a contractual obligation to
perform the terms and conditions of this Agreement until and unless
released by the city from this Agreement. At least sixty (60) days
prior to such transfer, Pacific Bay shall give notice, to the city
of Pacific Bay's intent to transfer its Maintenance obligations
H:IH=olAttomoyIOf"iœ 4 )3(1- t.
herein and provide the city the appropriate documents listed in
paragraph 5 above.
6. Insurance. Pacific Bay hereby agrees to procure and
maintain, at its sole cost and expense, in a form and content
issued by an insurer satisfactory to City, a policy of
comprehensive general liability insurance written on a per
occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name City, its
officers, employees, and agents as additional insureds. Pacific
Bay shall provide City with a certificate of Insurance within sixty
(60) days from the effective date of this Agreement or no less than
thirty (30) days prior to the acceptance of Proctor Valley Road
Offsite or Hunte Parkway Offsite street improvements by city,
whichever is the later. Said policy of insurance shall provide
that said insurance may not be amended such that it no longer
complies with this section or cancelled without providing thirty
(30) days prior written notice to city. In the event that said
policy of insurance is cancelled, Pacific Bay shall provide City
with new evidence of insurance in conformance with this section
prior to the cancellation date.
7. Security for Performance of Maintenance obligations.
Pacific Bay hereby agrees to procure and maintain, at its sole cost
and expense, in a form and content reasonably satisfactory to City,
a maintenance bond in the amount of $280,000 from a surety approved
by the City for the purpose of guaranteeing maintenance of the Off-
Tract Maintenance Areas. Said bond shall remain in full force and
effect until such time as all of Pacific Bay's maintenance
obligations terminate, as provided herein. Pacific Bay shall
provide City with said maintenance bond in triplicate (i) within
sixty (60) days from the effective date of this Agreement or (ii)
no less than thirty (30) days prior to the acceptance of Proctor
Valley Road Offsite or Hunte Parkway Offsite street improvements by
City, whichever is later.
8. Agreement Applicable to subsequent Owners.
a. Agreement Binding upon 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 Property,
until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns, and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
H,\Hom'\Attorn,y\Off,ile 5 /S g--7
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the city shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
9. Indemnity. Pacific Bay understands and agrees that City,
as indemnitee, or any officer, agent, or employee thereof, shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of Pacific Bay, its agents,
employees, successors, or assigns, related to Pacific Bay's
maintenance activities in the Maintenance Areas. Pacific Bay
further agrees to protect and hold the City, its officers, agents,
and employees, harmless from any and all actions, suits, claims,
damages to persons or property, costs, penalties, obligations,
errors, omissions, demands, liability, or loss of any sort (herein
"claims or liabilities"), that may be asserted or claimed by any
person, firm, or entity because of or arising out of or in
connection with the use, maintenance, or repair of the Maintenance
Areas by Pacific Bay, its agents, employees, successors, assigns,
members, or contractors, excepting any negligence or wilful
misconduct on the part of city, its officers, employees, and
agents.
10. Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the state of California.
11. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego County Recorder's
Office.
12. counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all of
which shall constitute one and the same document.
13. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the San Diego County
Recorder's Office within 30 days after this Agreement has been
approved by the city Council and prior to any instrument relating
to the formation of the HOA, including the HOA's CC&Rs, has been
recorded against the Property.
14. Miscellaneous Provisions.
a. 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
KIH="IAltOffi,yIOff,¡" 6 J;?ß-~
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.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula vista, CA 91910
Attn: city Engineer
PACIFIC BAY PROPERTIES
2300 Boswell Road, Suite 209
Chula vista, CA 91914
Attn: project Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. captions. Captions in this Agreement are inserted for
convenience of reference and do not define, describe or limit the
scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement, together with any
other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous oral
or written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the
parties unless expressly noted.
d. Recitals; Exhibits. Any recitals set forth above and any
attached exhibits are incorporated by reference into this
Agreement.
e. Compliance with Laws. In the performance of its
obligations under this Agreement, Pacific Bay, its agents, and
employees shall comply with any and all applicable federal, state,
and local laws, regulations, ordinances, policies, permits, and
approvals.
f. Authority of Signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter
into this Agreement.
g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Office of the
San Diego County Recorder.
KIHomelAttomeyIOff,;te 7
/]8-«
h. Severability. If any term, covenant or condition of this
Agreement or the application thereof to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term, covenant, or
condition to person or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected thereby
and each term, covenant, or condition shall be valid and be
enforced to the fullest extent permitted by law.
i. preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or its
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
j. Attorneys' Fees. If either party commences litigation
for the judicial interpretation, reformation, enforcement or
rescission hereof, the prevailing party will 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.
H:IHo",oIAttomoyIOrr.ite 8 /3B-/tJ
MAY-14-98 12,07 FROM,PACIFIC BAY HOMES 10,619 656 4306 PAGE 2/2
SI:~'ltmB PAGB TO
GBAB'l' OF BASJDIEJI'J'S .:AJß) K.:I:]IIT~E AGKEBKEJI'I"
(OF1i'sn'ESI
IN WITNESS WHEREOF, the parties herato have caused this
Agreement to be execated the day and year first hereinabove. set
forth.
CITY OF CHULA VISTA ¡¡>ACIFIC BAY PROPERTIES
Shirley Horton, Mayor
Attest'
Beverly Authelet, city Clerk
Approved as to form: Approved as to form:
John H. Kaheny, City Attorney Attorney for pacific Bay HolDes
1
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EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 1 ï
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 1ï SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17,1883,
PARCEL 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, ALL IN SECTION 27, TOWNSHIP 1ï SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
PAGE 1 OF 5 /3P-/,2..
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WO 1413-24 3/24t97
~
CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY. APPROVED
APRIL 17.1883.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP
NO. 15480. IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2. 1988, AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH. RANGE
1 WEST. SAN BERNARDINO BASE AND MERIDIAN. IN THE COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 26. TOWNSHIP 17 SOUTH.
RANGE 1 WEST. SAN BERNARDINO MERIDIAN. COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF TH= SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25. TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN. IN THE COUNTY OF. SAN DIEGO. STATE OF CALIFORNIA.
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PAGE 2 OF 5 /Yß-IJ
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we 1413-24 3/24/97
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PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
. PARCEL 8:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17,1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON
SOUTH B8°53'30" EAST, 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 41°48'30" EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH
PAGE 3 OF 5 ;(
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WO 1413-24 3/24/97
BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE
SOUTH 88°49' EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST
QUARTER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST,
1332.13 FEET TO A FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR
THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE
OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER NORTH 88°53'30. WEST, 1578.87
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4,1905, IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN-THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
PAGE 4 OF 5 -----
:DBS M:\LEGALS\1413\O24\A36.DDC )Jß-/~
we 1413-24 3/24/97
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DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
?~~ tÞ/k T 5'24-"17
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 5 OF 5 J.3!J~/~
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EXHIBIT "B"
LIST OF EASEMENTS DEDICATED TO CITY FOR STREET,
LANDSCAPE BUFFER, AND/OR SIDEWALK PURPOSES
1. Proctor Valley Road Offsite
Easement for Street and Landscape Buffer and Sidewalk Purposes
Granted to the City of Chula Vista per Document Recorded
ll/l3/97 as File No. 1997-057l4l8, O.R.
2. Hunte Parkway Offsite
Easement for Street and Landscape Buffer Purposes Granted to
the City of Chula Vista per Document Recorded 7/03/97 as File
No. 1997-03l6062, O.R.
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RESOLUTION NO. / J1ð&Zì
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DETENTION BASIN
MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA AND PACIFIC BAY PROPERTIES AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on September 23, 1997, in order for Pacific Bay to
obtain a final map for the Property, the city and Pacific Bay
entered into a Supplemental Subdivision Improvement Agreement, by
Resolution 18702, in which Pacific Bay agreed to construct a
detention basin to service the Project, prepare a maintenance
program for said improvement, and maintain the detention basin for
the period of time specified in said Supplemental Subdivision
Improvement Agreement.
WHEREAS, the City and Pacific Bay now desire to further refine
the maintenance obligations as it relates to the detention basin;
and
WHEREAS, the second Supplemental Subdivision Improvement
Agreement for Salt Creek Ranch, required Pacific Bay Properties to
negotiate in good faith with the City and the State Department of
Fish and Game to enter into agreement(s) to implement a storm drain
runoff detention basin maintenance plan for the detention facility
located at Hunte Parkway and Proctor Valley Road; and
WHEREAS, staff and Pacific Bay Properties have agreed,
subject to city Council approval, that Pacific Bay Properties shall
maintain the northerly 1.64 acres of the detention basin by the
project's Homeowners Association and to maintain the southerly 0.67
acres of the storm detention basin by Pacific Bay Properties for a
mutually agreed upon term, after which time maintenance obligations
for the southerly 0.67 acres will be assumed by the city.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the Detention Basin
Maintenance Agreement by and between the City of Chula vista and
Pacific Bay Properties, a copy of which is on file in the office of
the City Clerk as Document No.~.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said Agreement for and on behalf of the City
of Chula vista.
Presented by Approved as to form by
Û---~~
John P. Lippitt, Director of John M. Kaheny, City Attorney
Public Works
C:\rs\saltcr,k.,as
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Recording Requested by and
When Recorded Return to:
City Clerk
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of less
than a fee interest for which no cash
consideration has been paid or Above space for Recorder's Use
.
DETENTION BASIN MAINTENANCE AGREEMENT BY AND BETWEEN THE
CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES
This Agreement is made this - day of ,
1998 by and between PACIFIC BAY PROPERTIES, A CALIFORNIA
CORPORATION ("Pacific Bay"), successor-in-interest to Pacific Bay,
Homes, and the CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL
CORPORATION ("City") with reference to the facts set forth below,
which recitals constitute a part of this Agreement.
RECITALS
A. WHEREAS, this Agreement concerns and affects certain real
property located in Chula vista, California, more particularly
described in Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a planned residential
development project commonly known as Salt Creek Ranch. For
purposes of this Agreement, the term "Project" shall also mean the
"Property".
B. WHEREAS, Pacific Bay is the owner of the Property.
C. WHEREAS, on March 24, 1992, City approved the Salt Creek
Ranch Sectional Planning Area (SPA) Plan by Resolution No. 16554,
relying in part on the "Salt Creek Ranch SPA Plan Final
Supplemental Environmental Impact Report 91-03, "SCH No. 89092721
("SEIR 91-03").
D. WHEREAS, on October 6,1992, the Chula vista city Council
adopted Resolution No. 16834 approving the Tentative Subdivision
Map for Salt Creek Ranch, Chula vista Tract 92-02, and, in
accordance with the California Environmental Quality Act ("CEQA")
(Pub. Resources Code section 21000 et seq.) made certain Findings
of Fact, recertified Supplemental Environmental Impact Report 91-
03, SCH 89092721 ("SEIR"), re-adopted the Mitigation Monitoring and
/JC,-~
Reporting Program for the SEIR, and re-issued a statement of
overriding Considerations.
E. WHEREAS, on September 23, 1997, in order for Pacific Bay
to obtain a final map for the Property, the City and Pacific Bay
entered into a Supplemental Subdivision Improvement Agreement, by
Resolution 18702, in which Pacific Bay agreed to construct a
detention basin to service the Project, prepare a maintenance
program for said improvement, and maintain the detention basin for
the period of time specified in said Supplemental Subdivision
Improvement Agreement. The City and Pacific Bay nOW desire to
further refine the maintenance obligations as it relates to the
detention basin.
F. WHEREAS, the City and Pacific Bay agreed, pursuant to
paragraph 3 (b) of the above described Supplemental Subdivision
Improvement Agreement, that the City has absolute discretion not to
accept the Detention Basin as a public facility,
G. WHEREAS, Pacific Bay is required to enter into
agreement(s) with City and with the California Department of Fish
and Game ("Fish and Game") to implement the detention basin
maintenance program.
H. WHEREAS, the city Engineer had determined that a storm
water runoff Detention Basin, as shown On Chula vista Drawings 97-
432 through 97-441, is necessary to serve that portion of Project
north of Proctor Valley Road within the Salt Creek Drainage Basin.
NOW THEREFORE BE IT RESOLVED that the Parties agree as
follows:
1. Defined Terms. As used herein, the following terms shall
mean:
1.a "Detention Basin" meanS the flow-through structure
located in Neighborhood 7B of the Tentative Subdivision Map and On
Chula vista Drawings 97-432 through 97-441, which is necessary to
serve that portion of Project north of Proctor Valley Road within
the Salt Creek Drainage Basin, as depicted in Exhibit "B." The
basic purpose of the Detention Basin is to collect and hold storm
water runoff while releasing it downstream at a controlled rate.
lob "Maintain" or "Maintenance" meanS to furnish, or
the furnishing of, services and materials for the ordinary and
usual maintenance required for the operation of the Detention Basin
which shall include, but not be limited to such activities as, the
removal/displacement of sand, silt, sediment, debris, rubbish,
woody or aquatic vegetation and other obstructions to flow, the
control of weeds, grasses, and emergent vegetation, and the
cleaning and clearing of erosion control facilities, in accordance
with the approved Habitat Enhancement Plan ("Habitat Plan") for
2
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Area "A," attached hereto as Exhibit "C", and the "Maintenance
Program for Proctor Valley Road Detention Basin" ("Proctor Valley
Plan") for Area "B," attached hereto as Exhibit "D."
l.c "Area 'A'" shall mean that portion of the Detention
Basin more particularly described in Exhibit "E" which will be
Maintained by Pacific Bay in accordance with the Habitat Plan.
l.d "Area 'B'" shall mean that portion of the Detention
Basin more particularly described in Exhibit "F" which will be
Maintained in accordance with the Proctor Valley Plan.
2. Agreement Applicable to subsequent Owners.
2.a Agreement Binding Upon 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
Property.
2.b Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the city, its successors and assigns, and any
successor in interest thereto. city is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
3. Detention Basin Maintenance.
3.a Detention Basin Maintenance - Area "A". Pacific Bay
agrees to Maintain Area "A", at its sole expense, in accordance
with the Habitat Plan. Pacific Bay understands and agrees that
Pacific Bay is responsible for obtaining all necessary permits,
approvals, and certifications, if any, from the applicable Federal
and/or state agencies, including but not limited to, Fish and Game,
and the United states Army Corps of Engineers. Pacific Bay
expressly understands and agrees that, in the Maintenance of said
Area "A", Pacific Bay shall conform to and abide by all of the
provisions of the ordinances, standards and policies of the City of
Chula Vista, the laws and statutes of the state of California, and
Federal laws and statutes, as may be applicable to said work.
3.b Detention Basin Maintenance - Area "B". Pacific Bay
agrees to Maintain Area "B", at its sole expense, in accordance
with the Proctor Valley Plan, until such time as all upstream
3
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grading within the Project is completed and erosion protection
planting is adequately established as determined by the City
Engineer or for a period of five years from the Effective Date of
this Agreement, whichever occurs last. Pacific Bay understands and
agrees that Pacific Bay is responsible for obtaining all necessary
permits, approvals, and certifications, if any, from the applicable
Federal and/or state agencies, including but not limited to, Fish
and Game, and the United states Army corps of Engineers. Pacific
Bay expressly understands and agrees that, in the Maintenance of
Area "B", Pacific Bay shall conform to and abide by all of the
provisions of the ordinances, standards and policies of the City of
Chula Vista, the laws and statutes of the state of California, and
Federal laws and statutes, as may be applicable to said work.
3.c Detention Basin Maintenance - Area "B", Assumption
of Maintenance by city. city agrees to assume the Maintenance
obligations for Area "B" after the time period for Maintenance by
Pacific Bay has expired, as set forth in paragraph 3(b) of this
Agreement, and provided that Pacific Bay is not in breach with any
of the terms or provisions of this Agreement. upon assumption of
Maintenance of Area"B" by the city, Pacific Bay shall be released
from its Maintenance obligations under this Agreement, including
all security requirements. City understands and agrees that city
is thereafter responsible for obtaining all necessary permits,
approvals, and certifications, if any, from the applicable Federal
and/or state agencies, including but not limited to, Fish and Game,
and the Federal Emergency Management Administration.
3.d security for Performance of Maintenance obligations
- Area "B". Pacific Bay agrees to furnish and deliver to the City
of Chula Vista, simultaneously with Pacific Bay's execution of this
Agreement, and to thereafter keep in full force and effect for the
full term of Pacific Bay's Maintenance obligations as set forth
herein, maintenance securities as specified in section 7 of this
Agreement to guarantee faithful performance in connection with
Pacific Bay's Maintenance obligations for Area "B" and to secure
the payment of material and labor in connection with such
Maintenance of said Area "B".
Pacific Bay acknowledges and agrees that if Area "B" is
not Maintained to City's satisfaction, the sums provided by said
maintenance securities may be used by City for the Maintenance of
Area "B," or at the option of City, for Maintenance that is less
than the sum provided by said maintenance securities. Pacific Bay
agrees to pay to City any difference between the total costs
incurred to perform the work, including, but not limited to,
reasonable design and administration of the Maintenance (including
a reasonable allocation of overhead), and any proceeds from the
maintenance security.
4. Assignment of Area "A." Pacific Bay represents to the
city that it intends to and has the authority, to unilaterally
4
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transfer its Maintenance obligations for Area "A" under this
Agreement to the Project's Homeowners Association ("HOA") and that
such transfer has been adequately provided for in the appropriate
HOA documents, including the HOA's Declaration of Covenants,
Conditions and Restrictions ("CC&R's") and that the provisions
described in paragraph 5(a) (iii) has been or will be included in
said documents. Pacific Bay agrees to transfer its Maintenance
obligations for Area "A" to the HOA, which shall perform said
obligations either by its own forces or by contractors. Upon
transferring the Maintenance obligations for Area "A" to the HOA,
Pacific Bay shall be released from said obligations if paragraph 5
of this Agreement has been executed to the City's satisfaction.
At least sixty (60) days prior to such transfer of Maintenance
obligations, Pacific Bay shall give written notice, as provided
herein, of its intention to transfer its obligations. The city and
Pacific Bay agree that Pacific Bay shall not transfer its
maintenance obligations for Area "B" to the HOA.
5. Release for Area "A."
Sa. Assignment. pacific Bay shall be released from its
Maintenance obligations for Area "A," only if all of the following
occur:
i. Assumption by HOA. The HOA has unconditionally
accepted and assumed all of Pacific Bay's obligations under this
Agreement in writing and such assignment provides that the Burden
of this Agreement remains a covenant running with the land and the
assignee expressly assumes the obligations of Pacific Bay under
this Agreement. The assignment shall also have been approved by
the appropriate governing body of the HOA by resolution or similar
procedural method and approved as to form and content by the City
Attorney. The City attorney shall not unreasonably withhold its
consent to such assignment.
ii. HOA Financial Ability. The HOA has provided the
city with documentation, such as the HOA's operating budget for the
appropriate fiscal year, that shows, to the City's satisfaction,
the HOA's financial ability to assume Pacific Bay's obligations
under this Agreement,
Hi. HOA's CC&Rs Approved by city. The City has
reviewed and approved the HOA's recorded CC&Rs, said document shall
include but not be limited to, the following provisions; the HOA
shall be solely responsible for complying with all the terms and
obligations of this Agreement, the HOA shall be responsible for
maintaining Area "A" in accordance with the Habitat Plan, the HOA
shall indemnify the City for all claims, demands, causes of action
liability or loss related to or arising from the Maintenance
activities, and the HOA shall not seek to be released by the City
from the obligations of this Agreement, without the prior consent
5
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of the city and 100 percent of the holders of first mortgages or
owners of the Project.
5b. Release. When all the conditions precedent in 5(a)
above have been satisfied, Pacific Bay shall be released by the
City from its Maintenance obligations for Area "A." Pacific Bay
acknowledges that it has a contractual obligation to perform the
terms and conditions of this Agreement for the Maintenance of Area
"A" until and unless release"d by the city. Pacific Bay shall
provide the City with all documents necessary for such release, at
least 60 days prior to requesting such release from the city. The
City and Pacific Bay agree that Pacific Bay shall not transfer its
maintenance obligations for Area "B" to the ROA and that such
release does not apply to its obligations for Area "B."
6. Pacific Bay's Costs and Expenses. Notwithstanding
anything herein to the contrary, it is expressly agreed and
understood by the parties hereto that in no case will the city of
Chula Vista, or any department, board or officer thereof, be liable
for any portion of the costs and expenses of the aforesaid
Maintenance (except for Area "B" o,nce the City has assumed
maintenance of Area "B," as provided for in paragraph 3(C) above),
nor shall City or City's officer, sureties, or bondsmen be liable
for the payment of any sum or sums for said work or any materials
furnished therefor.
7. security for Performance. Pacific Bay hereby agrees to
procure and maintain, at its sole cost and expense, in a form and
content reasonably satisfactory to City, maintenance bond(s) in the
amount of $35,000 from a surety approved by the city for the
purpose of guaranteeing maintenance of Area "B" for the period of
Pacific Bay's Maintenance obligations as set forth herein. Said
bond shall remain in full force and effect for th~ full five year
period. Pacific Bay shall provide City with said maintenance bond
in triplicate in accordance with the provisions of this Agreement.
8. Ind.emni ty. Pacific Bay understands and agrees that
city, as indemnitee, or any officer or employee thereof, shall not
be liable for any injury to person or property occasioned by reason
of the acts or omissions of Pacific Bay, its agents or employees,
or indemnitee, related to the Maintenance Activities described
herein. Pacific Bay further agrees to protect and hold City, its
officers, agents, and employees harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Pacific Bay, its agents
or employees, or indemnitee, related to said Maintenance
Activities, excepting any negligence or willful misconduct on the
part of City, its officers, employees, and agents. The approved
maintenance securities referred to above shall not cover the
provisions of this paragraph. Such indemnification and agreement
to hold harmless shall extend to damages to adjacent or downstream
properties or the taking of property from owners of such adjacent
6
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or downstream properties as a result of or arising from Pacific
Bay's Maintenance Activities as provided herein. It shall also
extend to damages resulting from diversion of waters, change in the
volume of flow, modification of the velocity of the water, erosion
or siltation, or the modification of the point of discharge as the
result of or arising from the Maintenance Activities. The approval
of plans for the Detention Basin and any related improvements shall
not constitute the assumption by city of any responsibility for
such damage or taking, nor shall City, by any approvals, be an
insurer or surety for the Maintenance of the Detention Basin and
any related improvements. The provisions of this paragraph shall
become effective upon the execution of this Agreement and shall
remain in full force and effect regardless of the city's acceptance
of Area "B" for Maintenance.
9. Governing Law. This Agreement shall be governing and
construed in accordance with the laws of the state of California.
10. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego county Recorder's
Office.
11. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all of
which shall constitute one and the same document.
12. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the San Diego County
Recorder's Office within 30 days after this Agreement has been
approved by the city council and prior to any other instrument
relating to the formation of the HOA, including the Declaration of
Covenants and Restrictions for said HOA, has been recorded against
the Property.
13. Miscellaneous Provisions.
13.a. 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. Facsimile
transmission shall constitute personal delivery.
7
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CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attention: city Engineer
PACIFIC BAY PROPERTIES
2300 Boswell Road, suite 209
Chula vista, CA 91914
Attention: Liz Jackson, Division Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
1J.b. captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
1J.c. Entire Agreement. This Agreement, together with
any other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous oral
or written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the
parties unless expressly noted.
l3.d. Recitals; Exhibits. Any recitals set forth above
and any attached exhibits are incorporated by reference into this
Agreement.
1J.e. Compliance with Laws. In the performance of its
obligations under this Agreement, Pacific Bay, its agents, and
employees shall comply with any and all applicable federal, state,
and local laws, regulations, ordinances, policies, permits, and
approvals.
1J.f. Authority of signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter
into this Agreement.
1J.g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Official
Records of the San Diego County Recorder's Office.
8
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13.h. Severability. If any term, covenant or condition
of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term,
covenant, or condition to person or circumstances other than those
as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant, or condition shall be
valid and be enforced to the fullest extent permitted by law.
13.i. preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
9
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MAV-14-B8 0B,14 FROM,PACIFIC BAV HOMES ID,6IB 656 4306 PAGE 3/3
IN WITNESS wamœoF, the parties hereto have caused this Agreement
to be executed the day and year firs~ hereinabove set forth.
CITY OF CHULAVIST1I, PACIFIC BAY PROPERTIES
Shirley Horton, Mayor L
Attest:
Beverly Authelet, city Clerk
Approved as to fona: Approved as to form:
John K. Kaheny, city Attorney Attorney for Pacific Bay
Properties
H: l$llMfDIATTOIIIIET\Oe,anON. IllS'
10
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EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31,1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17, 1883.
PARCEL 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
PAGE 1 OF 5 /3C-/2
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r-~
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17,1883.
EXCEPTING THEREFROM THAT PORTION OF SAID U\ND LYING WITHIN PARCEL MAP
NO. 154BO, IN THE CITY OF CHUu\ VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2,1988, AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF TH~ SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PAGE 2 OF 5 IYC--;;S
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C",o '..C,"o ".c_- ..-.--.--.----.--..- -
r.,
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 8:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF
OFTHE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17,1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON
SOUTH 88°53'30' EAST, 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 41°48'30' EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH
PAGE 3 OF 5 /.3C--;Lj
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r.
BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE
SOUTH 88°49' EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST
QUARTER OF SAID SECTION 25; THENCE ALONG SAiD EAST LINE NORTH 0°12' EAST,
1332.13 FEET TO A FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR
THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE
OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER NORTH 88°53'30' WEST, 1578.87
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4,1905, IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, iN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
PAGE 4 OF 5 / .3C-/Þ
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WO 1413-24 31241'ð7
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DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 1ï SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
~~'t lÞ/k7-' 5'Z4-"17
JOHN w. HILL, JR. LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 5 OF 5 /3C-/¡'
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~..__......__.-
-."
WETLAND REVEGET A TIONI XHIBIT B
I MITIGA TION PLANS FOR: E
.ISAL T CREEK
I RANCH
t ........
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I VICINITY MAP
NOT TO SCALE
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WE1I.AND
NI11GATlDN SI1t
'I ~TlDN~æMM
CUANDUT ÁRfA
DR4WN - -' "- TIT L E
F. RIVERA aTY ~ OMA 'liST" . "" ENGINEERING DEPT.
Doll T E APRIl 1998 ~:T sgrŒK~RANCH WND REVEGETAtiON);? c..- /')
-
EXHIBIT C
HABITAT ENHANCEMENT PLAN
~.
FOR IMPACTS TO
- WETLAND VEGETATION COMMUNITIES
FOR SALT CREEK RANCH - PHASE :L
SALT CREEK RANCH
CITY OF CHULA VISTA, CALIFORNIA
Prepared for:
PACIRC BAY HOMES
2300 Boswell Road, Suite 209
Chula Vista, California 91914
Contact: Guy Asaro
(619) 6564300
Prepared by:
IDIIiJ:D
&ASSOCIATES
A Califor.i. Corpo""..
605 Third Street
Encinitas, California 92024
Contact: Anita M. Hayworth, Ph.D.
(760) 942-5147
Project No. 1077-03
1.1 February 1998 /3 C-¡ç;'
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
TABLE OF CONTENTS
- Section ~
- 1.0 INTRODUCTION ......................................................-.1
2.0 EXISTINGCONDmONS """""""""""""""""""""""'" 3
3.0 PROJECT DESCRIPTION AND IMPACTS .................................12
-
4.0 REVEGETATION PLAN................................................ ..17
5.0 PLANTING DESIGN """""""""""""""""""""""""'" 23
6.0 SOURCES OF PLANT MATERIAIS .-'\ND LEAD TIME . . . . . . . . . . . . . . . . . . . . . . 29
i.O INSTAIlATION ..........................,.............................30
-
8.0 IRRIGA.TIONANDWATERSOURCE....... ............ ............ ......32
- 9.0 EROSIONCONTROL...... .... ........... ... """"'"
- -- . . . . . . . . . . - . 32
10.0 MAINTENANCEANDMONITORING...... ............ .. ........ "'...- 34
11.0 DOCUMENTATION ....................................................38
12.0 IIrERATUREOTED ...... ... ........... .............. ......... .........39
APPENDICES
App=lix A California Watt:I: Quality Control Board Section 401 Certification Application
Appendix B Califumia Department of Fish and Game Streambed Alteration Agreement, Section
1603
Appendix C U.S..Axm.y Corps of Enginet:I:s "After the Fact" Permit
App=lix D Soils lmalysis Results
A dixE R...-vegetation Construction Drawings, Details and Specifications
ppen
. . '1077.œ
«ASSOCIATES
. ,- --.~ February 11, 1998 /.3C-/C¡ i
- -----~----------_._---._--
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1
- TABLE OF CONTENTS (Continued)
- ~
LIST OF FIGURES
Figure 1 RegionalMap ....................................................... 5
- Figure 2 Vicinity Map ....................................................... 6
figureS Wetland Delineation for Hunte Parkway................................. 7
- Figure 4 Wetland Delineation for H-Street Extension. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Figure 5 PhasdWetlandImpacts.............................................15
Figure 6 Conceptual Mitigation Site Plan for Impacts ksulting from
Construction of Hunte Parkway and East H Street. . . . . . . . . . . . . . . . . . . . . . . . 18
Figure 7 kvegetationSiteGradingPIan..... ..... ............ ..................21
Figure 8 WetlandRevegetationPlantingl'lan.................................... 25
LIST OF TABLES
-
Table 1 Container Stock and Seed Mix for Riparian kvegetation ""."'.""..'" 26
Table 2 Tree and Shrub Planting Densities and Spacing. . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Table S Riparian Hydroseed Planting Palette. . . . . . . . . . . .. ...................28
-
-
-
. . /3 L--2..O
- 1077~3
ASSOCIATES ii
.,.--...- Fobnaryll, 1998
.---...........--.-
- -
EXHIBIT liD"
LEGAL DESCRIPTION
AREA "A"
A PORTION OF THE WEST HALF OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1
WEST, SAN BERNADINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA.
COMMENCING AT A POINT IN THE NORTHERLY SIDELINE OF PROCTOR VALLEY ROAD,
DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 9,1997,
AS FILE NO. 1997-0322402, OF OFFICIAL RECORDS, SAID POINT BEING THE WESTERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN SAID DOCUMENT AS
SOUTH 76°38'00" EAST, 556.03 FEET; THENCE ALONG SAID SIDELINE
SOUTH 76°38'00' EAST, 199.81 FEET; THENCE LEAVING SAID SIDELINE,
NORTH 13°22'00" EAST 78.00 FEET; THENCE NORTH 00°48'00" WEST, 45.19 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°48'00" WEST,
91.57 FEET; THENCE NORTH 22°29'00" WEST, 142.34 FEET; THENCE
NORTH 12°56'00" WEST, 3ï7.72 FEET; THENCE NORTH 07°41'00" EAST, 63.47 FEET;
THENCE NORTH 23°00'00" WEST, 54.45 FEET; THENCE NORTH 80°37'00" EAST,
98.46 FEET; THENCE SOUTH 29°11'42" EAST, 93.17 FEET; THENCE
SOUTH 11°19'56" EAST, 79.04 FEET; THENCE SOUTH 20°42'00" WEST, 147.16 FEET;
THENCE SOUTH 19°22'00" EAST, 224.77 FEET; THENCE SOUTH 26°45'00" E.A.ST,
130.16 FEET; THENCE SOUTH 39°15'00" EAST, 138.42 FEET; THENCE
SOUTH 21°38'00" WEST, 29.12 FEET; THENCE NORTH 76°38'00" WEST, 167.56 FEETTO
THE TRUE POINT OF BEGINNING.
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JOHN w. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC. ~I
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EXHIBIT "E"
LEGAL DESCRIPTION
AREA liB"
A PORTION OF THE WEST HALF OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1
WEST, SAN BERNADINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA.
COMMENCING AT A POINT IN THE NORTHERLY SIDELINE OF PROCTOR VALLEY ROAD,
DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 9, 1997,
AS FILE NO. 1997-0322402, OF OFFICIAL RECORDS, SAID POINT BEING THE WESTERLY
TERMINUS OFTtiAT CERTAIN COURSE DESCRIBED IN SAID DOCUMENT AS
SOUTH 76°38'00. EAST, 556.03 FEET; THENCE ALONG SAID SIDELINE
SOUTH 76°38'00" EAST, 199.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SIDELINE NORTH 13°22'00" EAST, 78.00 FE::i; THENCE
NORTH 00°48'00. WEST, 45.19 FEET; THENCE SOUTH 76"38'00" EAST, 167.56 FEET;
THENCE SOUTH 21°38'00" WEST, 44.27 FEET; THENCE SOUTH 68°10'21" EAST,
156.32 FEET; THENCE SOUTH 13°22'00" WEST, 55.00 FEET TO SAID NORTHERLY
SIDELINE OF PROCTOR VALLEY ROAD; THENCE ALONG SAID SIDELINE
NORTH 76°38'00" WEST, 304.76 FEET TO THE TRUE POINT OF BEGINNING.
-
~t/V~7-- 2-Z- rEf
JOHN w. HILL, JR. loS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3 lj:é-.2;J
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RESOLUTION NO. J51~¿7/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING CITY STAFF TO PREPARE
AN ORDINANCE AMENDING SECTION 12.32,190 OF THE
CHULA VISTA MUNICIPAL CODE TO PROVIDE FOR CITY
ENFORCEMENT OF AGREEMENTS PERTAINING TO
MAINTENANCE WITHIN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City Council has expressed concern regarding
the City's ability to enforce agreements, covenants, codes, or
restrictions which require individuals, homeowner's associations,
or other legal entities to maintain landscaping within public
rights-of-way and if public right-of-ways are not properly
maintained, the general welfare of the citizens of Chula Vista may
be adversely affected; and
WHEREAS, under the current City of Chula Vista Municipal
ordinance, property owners, lessees and agents of multiple family,
commercial and industrial property are required to maintain public
rights-of-way which are immediately adjacent to the property under
their control, including the area between the private property line
and the public curb line; and
WHEREAS, however, the current ordinance does not provide
an effective enforcement mechanism whereby the city may enforce
maintenance standards for public right-of-way areas agreed upon
between private parties (i.e., such as individuals and homeowners'
associations) and/or the City; and
WHEREAS, the proposed draft amendment to the existing
ordinance, developed by the City Attorney's office, attached hereto
as Attachment 5, would provide the City with the ability to enforce
agreements, including but not limited to covenants, codes or
restrictions, as they relate to the maintenance of public rights-
of-way; and
WHEREAS, the ordinance would make it unlawful for a
person, homeowners' association or other legal entity to fail to
maintain public right-of-way areas in compliance with any
agreement, covenant, code or restriction and in accordance with
City-approved landscape plans or applicable City standards; and
WHEREAS, a violation of this section could constitute an
infraction or misdemeanor but could also be resolvable via
abatement, administrative citation, mediation or other proceeding;
and
1
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WHEREAS, it is recommended that the City Council adopt
the resolution authorizing staff to prepare an ordinance amending
section 12.32.190 of the Chula vista Municipal Code to provide for
City enforcement of requirements pertaining to maintenance within
public rights-of-way.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby direct City staff to forward the
proposed ordinance, attached hereto as Attachment 5, amending
section 12.32.190 of the Chula vista Municipal Code to provide for
City enforcement of agreements, pertaining to maintenance within
public rights-of-way for public hearing.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\pacbay.ord
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ATTACHMENT 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 12.32.190 TO PROVIDE FOR CITY
ENFORCEMENT OF REQUIREMENTS PERTAINING TO
MAINTENANCE WITHIN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Chula Vista has a history and reputation
for well-kept properties and public rights-of-way, and that the
property values and the general welfare of the City are founded, in
part, upon the appearance and maintenance of properties and public
rights-of-way; and,
WHEREAS, there is a need for the City of Chula vista to have
the ability of enforcing agreements including but not limited to
covenants, codes, or restrictions, between parties which require
the maintenance of public rights-of-way,
The City Council of the City of Chula Vista does ordain as
follows:
That Section 12.32.190 of the Chula vista Municipal Code is
hereby amended to read as follows:
1& Each property owner, lessee or agent of multiple family,
commercial and industrial property shall be required to maintain
that portion of the public right-of-way immediately adjacent to the
property under his/her control and shall include the area between
the private property line and the public curb line. This
maintenance shall include all landscaping installed pursuant to the ..
provisions of this code and the landscaping manual of the city and
shall further provide that said area shall be kept free of all
weeds, debris, and other impediments.
(B) It shall be unlawful for any person, homeowners' association or
other leqal entity who is required under this chapter. or any
covenant, code. restriction or any other aqreement requirinq the
maintenance of a riqht-of-way to fail to maintain said rlqht-of-wa~
as described in A) above or as required by any code. covenant
restriction or other aqreement.
(C) Each violation of this section shall constitute a separate
offense.
Presented by Approved as to form by
Ellen Gross, Deputy Clty
Attorney
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J WETLAND REVEGET A TiÓNI ~m c-
ì MmGATION PLANS FOR:
,'SAL T CREEK
i RANCH
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DR"IWN--- -- TITLoE '.
F. ~IVERA ' an- CF" CHIllI \'ISTA . .. ENGINEERING DEPT.
UTE APRIJ.;1998.., :3 ~~~ANCH WE-n.ANO REVEGETAl1ON
ATTACH M£tJ.T 2-
Recording Requested by and
When Recorded Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of less
than a fee interest for which no cash
., consideration has been paid or 6.Above Space for Recorder's Use Only 6
r
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made this - day of ,1998,
by and between the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
("ci ty") and PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION
("Pacific Bay"), successor-in-interest to Pacific Bay Homes.
RECITALS
A. WHEREAS, this Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described in Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a planned residential
development project commonly known as "Salt Creek Ranch." For
purposes of this Agreement the term "Project" shall also mean the
"Property".
B. WHEREAS, Pacific Bay is the owner of the Property.
C. WHEREAS, pursuant to those certain instruments recorded
in the Official Records of the San Diego County Recorder's Office
and listed in Exhibit "B", Pacific Bay has dedicated easements for
street, landscape buffer, and sidewalk purposes to City
(collectively, referred to herein as "Dedicated Easements").
D. WHEREAS, on June 17, 1997, in order for Pacific Bay to
obtain a final map for the Property and for the City to have
assurance that the maintenance of the Project's open space areas
and thoroughfare median areas would be provided for, the City and
Pacific Bay entered into a Supplemental Subdivision Improvement
Agreement, by Resolution 18702, in which Pacific Bay agreed that
maintenance of such areas shall be accomplished by the creation of
a Homeowners Association or the establishment of a Community
Facilities District.
",\Hon","'"nm'y\!.,md""p' 1
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E. WHEREAS, Pacific has decided that the above described
areas will be maintained by a Homeowners Association and has
established such an association for this purpose.
D. WHEREAS, City desires to grant to Pacific Bay easements
for landscape maintenance purposes upon, over, and across portions
of the Dedicated Easements consisting òf medians, landscaped and
hardscaped areas, and parkways which are located within said
Dedicated Easements in order to facilitate the obligations of
Pacific Bay as set forth in the Supplemental Subdivision
Improvement Agreement, adopted by Resolution No. 18702.
~ NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as set forth below.
1. Grant of Easements. City hereby grants to Pacific Bay
and its agents, successors, and assigns, non-exclusive easements
and rights-of-way over and across that portion of real property
more particularly described on Exhibit "B" for the purpose of
maintaining, repairing, and replacing the landscaping improvements
located thereon (the easement area shall be referred to herein as
the "Maintenance Area"). The Maintenance Area is diagrammatically
shown on Exhibit "C" attached hereto.
2. Maintenance Obligations.
a. Pacific Bay to Maintain. Pacific Bay hereby covenants
and agrees to, at its sole cost and expense, maintain, repair and
replace, or cause to be maintained, repaired or replaced, the
Maintenance Area, including all landscape improvements located
thereon, at a level equal to or better than the level of
maintenance set forth in the Project's Landscape and Irrigation
Plan ("Landscape Plan"), as approved by the city. For purposes of
this Agreement, the term "Maintenance or Maintain" shall mean the
maintenance, repair and replacement obligations described herein.
b. Transfer to ROA. Pacific Bay represents to the City that
it. intends to and has the authority, to unilaterally transfer said
Maintenance obligations, to the Project's Homeowners Association
("BOA"), and that such transfer has been provided for in the
appropriate HOA documents, including the HOA's Declaration of
Covenants, conditions and Restrictions ("CC&Rs") and that such
document(s) includes the provisions described in paragraph 3 (a) (ii)
below.
3. Assignment and Release.
a. Assignment. Upon Pacific Bay's transfer of the
Maintenance obligations to the HOA, it is intended by the parties,
that the HOA shall perform the Maintenance obligations either by
its own forces or by contractors. Such transfer will release
Pacific Bay from its obligations only if all of the following
occur:
H,IHome\Anom""-'nd=pe 6 2
i. ROA Accepts Obligation. The HOA has
unconditionally accepted and assumed all of Pacific Bay's
obligations under this Agreement in writing and such assignment
provides that the Burden of this Agreement remains a covenant
running with the land and the assignee expressly asswnes the
obligations of Pacific Bay under this Agreement. The assignment
shall also have been approved by the appropriate governing body of
the HOA by resolution or similar procedural method and approved as
to form and content by the City Attorney. The City attorney shall
not unreasonably withhold its consent to such assignment.
ii. ROA's CC&R's. The City has reviewed and approved
., the HOA's recorded CC&R's to confirm that said document contains
the following provisions; the HOA shall be responsible for
complying with all the terms and obligations of this Agreement, the
HOA shall be responsible for the Maintenance of the Maintenance
Area in accordance with the Landscape Plan, the HOA shall indemnify
the City for all claims, demands, causes of action liability or
loss related to or arising from the Maintenance activities, and the
HOA shall not seek to be released by the City from the obligations
of this Agreement, without the prior consent of the City and 100
percent of the holders of first mortgages or owners of the Project.
Hi. ROA Insurance. The HOA procures and formally
resolves to Maintain at its sole cost and expense commencing Upon
city's release of all of Pacific Bay's landscape maintenance bonds,
a policy of comprehensive general liability insurance written on a
per occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name City, its
officers, employees, and agents as additional insureds. The HOA
shall provide City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
b. Release. When all conditions precedent in 3(a) above are
fulfilled, Pacific Bay shall be released from its obligations under
this Agreement, including its security and insurance requirements.
Pacific Bay acknowledges that it has a contractual obligation to
perform the terms and conditions of this Agreement until and unless
released by the City from this Agreement. At least sixty (60) days
prior to such transfer, Pacific Bay shall give notice, to the City
of Pacific Bay's intent to transfer its Maintenance obligations
herein and provide the City the appropriate documents listed in
paragraph 3(a) above.
4. Insurance. Pacific Bay hereby agrees to procure and
maintain, at its sole cost and expense, in a form and content
issued by an insurer satisfactory to City, a policy of
comprehensive general liabil i ty insurance written on a per
OCcurrence basis in an amou~t not less than ONE MILLION DOLLARS
($1,000,000.00) combined single limi t. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
H'\Home,^,'om'~ndscap, r; 3
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name City, its
officers, employees, and agents as additional insureds. Pacific
Bay shall provide City with a Certificate of Insurance within sixty
(60) days from the effective date of this Agreement or no less than
thirty (30) days prior to the acceptanc~ of Proctor Valley Road or
Hunte Parkway offsite street improvements by City, whichever is
later. Said policy of insurance shall provide that said insurance
may not be amended such that it no longer complies with this
Section or cancelled without providing thirty (30) days prior
written notice to City. In the event that said policy of insurance
~ ~s cancelle~, Pacific Bay shall provide City with new evidence of
lnsurance ln conformance with this section prior to the
cancellation date,
5. Indemnity. Pacific Bay understands and agrees that city,
as indemnitee, or any officer, agent, or employee thereof, shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of Pacific Bay, its agents,
employees, successors, or assigns, related to Pacific Bay's
Maintenance activities in the Maintenance Areas. Pacific Bay
further agrees to protect and hold the city, its officers, agents,
and employees, harmless from any and all actions, suits, claims,
damages to persons or property, costs, penalties, obligations,
errors, omissions, demands, liability, or loss of any sort (herein
"claims or liabilities"), that may be asserted or claimed by any
person, firm, or entity because of or arising out of or in
connection with the use, maintenance, or repair of the Maintenance
Areas by Pacific Bay, its agents, employees, successors, assigns,
members, or contractors, excepting any negligence or willful
misconduct on the part of City, its officers, employees, and
agents.
6. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon 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 Property until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants
contained in this Agreement ("Burden") is for the benefit of the
Property and the City, its successors and assigns, and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
",IHomelAltomey\!;md>ape 4
'7
7. Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the state Df California.
B. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records Df the ~an Diego County Recorder's
Office.
9. Counterparts. This Agreement may be executed in any
number of counterparts, each Df which shall be original and all Df
which shall constitute Dne and the same document.
~ 10. Recording. The parties hereto shall cause this Agreement
tD be recorded in the Official RecDrds of the San Diego County
RecDrder's Off ice wi thin 30 days after this Agreement has been
approved by the city Council and prior to any instrument relating
tD the formation of the HOA, including the HOA's CC&Rs, has been
recorded against the Property.
11. Miscellaneous Provisions.
a. Notices. Unless otherwise provided in this Agreement or
by law, any and all notices required Dr permitted by this Agreement
or by law to be served Dn Dr delivered to either party shall be in
writing and shall be deemed duly served, delivered, and received
when personally delivered tD 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 Df this paragraph by giving written notice
of such change to the Dther party.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 FDurth Avenue
Chula Vista, CA 91910
Attn: City Engineer
PACIFIC BAY PROPERTIES
2300 Boswell Road, Suite 209
Chula Vista, CA 91914
Attn: Project Manager
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
b. Captions. Captions in this Agreement are inserted for
convenience of reference and do not define, describe or limit the
scope or intent Df this Agreement or any of its terms.
H,IHomeVlttomey\t.and",'pe 5
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c. Entire Agreement. This Agreement, together with any
other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous oral
or written representations, agreements, understandings, and/or
statements shall be of no force and effe~t. This Agreement is not
intended to supersede or amend any other agreement between the
parties unless expressly noted.
d. Recitals; Exhibits. Any recitals set forth above and any
attached exhibits are incorporated by .reference into this
- Agreement.
e. Compliance with Laws. In the performance of its
obligations under this Agreement, Pacific Bay, its agents, and
employees shall comply with any and all applicable federal, state,
and local laws, regulations, ordinances, policies, permits, and
approvals.
f. Authority of Signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter
into this Agreement.
g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Official
Records of the San Diego County Recorder's Office.
h. Severability. If any term, covenant or condition of this
Agreement or the application thereof to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term, covenant, or
condition to person or circumstances other than those as to which
it.is held invalid or unenforceable, shall not be affected thereby
and each term,- covenant, or condition shall be valid and be
enforced to the fullest extent permitted by law.
i. Preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or its
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
H,\Ho"","'"omoyltaod"'pe 6
7
""' .'
SIGNA'l'ORE PACE TO
GRANT 01" EASE!ŒNTs AND MAINTENANCE AGRE.E:MENT
(DEDICATED EASnŒNTS)
IN WITNESS WHEREoF. the Parties heréto have caused this,
Agreement to be eXecuted the day and year first: hereina1>oVe set
forth..
CI.TY OF CHCLA VISTA PACIFIC BAy PROPERTIES
.,
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk ..
i
I
Approved as to form: Approved as to form:
John M. Kaheny, Cit:y Attorney Attorney for Pacific Bay Homes
ItII"-""ø...."......"".. 7
10
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
TH:: LAND RE:=F:RRED TO HEREIN IS SITUATED IN THE STATE OF CAJj¡::ORNIA,
COUNïY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
-,
PARCEL 1:
To-iE NORTH HALF OF THE SOUïHWEST QUARTER OF SECïJON 25, TOWNSHIP 17
SOUïH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNïY OF SAN
DEGO, STAI= OF CALIFORNIA, ACCORDING TO UNITED SïATES GOVS==tNMENT
SURVEY THEREOF.
EXCï::?TING THEREFROM THAï PORTION DESCRIBED IN DEED TO HENRY G. Fï::NTON,
RECORDED AUGUSï 31,1938, IN BOOK 810, ?tIGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
ïHE SOUTHEAST QUARTER OF SECTION 25, ïOWNSHIP 17 SOUTH, ?ANGE 1 WESï,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNïY OF SAN DIEGO, STATE OF
CAUFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17,1883.
PARCEL 3:
ïHE SOUTHEASï QUARTER OF THE NORTHEASï QUARTER, THE EASï HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWESï QUARTER OF THE SOUTriEAST
QUARTER, ALL IN SECTION 27, TOWNSHIP 1ï SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNïY OF SAN DIEGO, STATE OF
PAGE 1 OF 5 II
:CBS M:\!..EGALSI1"13\D24"'-36.COC
WO 14.3-24 3124/97
CALIFORNIA, ACCORDING TO UNlïED STAïES GOVERNMENT SURVEY, APPROVED
A??IL 17,1883.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP
NO. 15480, IN THE ClïY OF CHULA VISTA, COUNTY QF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2,1988, AS FILE NO. 88-519593 OF OFFICIAL RECORDS.
~ PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARïER OF SECTION 23 AND THE NORTH HALF
OF THE SOUT.--JWEST QUARïER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE
1 VEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNïY OF SAN DIEGO,
STATE OF CAUFORNIA, ACCORDING TO UNItED STAïES GOVERNMENT SURVEY
ï':-:E:?EOF.
PARCEL 5:
THE NORTHEAST QUARTE¡:( OF THE NORTHEAST QUA¡:(ïER AND THE SOUTHEAST
QUÞ.R I =R OF THE NORTHE.o,ST QUARTE¡:( OF SECTION 26, TOWNSHIP 17 SOUTrl,
RANGE: 1 WEST, SAN BERNARDINO MERIDIAN, COUNïY OF SAN DIEGO, STATE OF
CALlFO¡:(NIA, ACCORDING TO UNlïED ST A I =S GOVE¡:(NMENT SURVEY THE¡:(EOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARïER OF THE: SOUTHWEST QUARïE¡:( OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO ME¡:(IDIAN, IN THE COUNTY OF SAN DIEGO, STAïE OF CAliFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
:DBS M:\LEGALS\14;3\D241A36.DOC PAGE 2 OF 5 I b2-
WO 14;3-24 3124,'"'
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER .oF THE NORTriWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
., CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 8:
THE: SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE ::AST QUARTER
OF THE: SOUT.-JWEST QUARTER OF THE SOUTHWEST QUARit:R OF SE:CTION 24.
THE: NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
TrE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17,1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON
SOUTH 88°53'30' ::AST, 113ê.70 FEET FROM THE NORTHWEST CORNE.q THEREOF;
THENCE SOUT..., 41°48'30' EAST 1817 FEET. MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH
PAGE 3 OF 5 I~
:DBS M:ILEGALSI";'3\Q24\A36.DOC
WO ,.;,3-2'; 3/24&
BOUNDARY UNE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE
SOUTH 88.49' EAST TO TH:: EAST LINE OF SAID SOUTH HALF OF SOUTriWEST
QUARTER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0.12' EAST,
1332. 13 FEEïTO A FOUR - INCH CONCRETE FILLED PIPE SEï IN STONE MOUND FOR
THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 563 ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE
OF SAID SOUTri HALF OF THE SOUTHWEST QUARTER NORTH 88.53'30. WEST, 1578.87
- FE=I TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4,1905, IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN. IN THE COUNTY
..
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY TH:::REOF.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
PAGE 4 OF 5 /t(
:Des M:IlEGALSI14131OZ4\A36.DOC
we 1413-24 3/24Jf57
DIEGO, STAI= OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 13:
mAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STAI=S
- GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
mAT PORTION OF THE NORTH HALF OF TrlE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
~ ~!l-c- T 5~Z4-"17
.
JOHN W. HILL, JR. LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 5 OF 5 /5
:DES M:Il.:GALSI1':131C24IA36.DOC
WO 1':13-24 3124~
. -
EXHIBIT "B"
LIST OF EAS EMENT S DEDICATED TO CITY FOR
STREET, LANDSCAPE BUFFER, RECREATIONAL
TRAIL, AND/OR SIDEWALK PURPOSES
L Proctor Valley Road
~ Easement for Street and Landscape Buffer and Sidewalk Purposes
Granted to the City of Chula Vista per Document Recorded
7/09/97 as File No. 1997-0322402, O.R.
2. Hunte Parkway
Easement for Street, Landscape Buffer, and Recreational trail
Purposes Granted to the City of Chula Vista per Document
Recorded 7/09/97 as File No. 1997-0322397, O.R.
Portion of Hunte Parkway Dedicated per Map No. l3500
3. Lane Avenue
:
, Easement for Street and Landscape Buffer Purposes Granted to
the City of Chula Vista per Document Recorded 7/09/97 as File
No. 1997-0322400, O.R.
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Recording Requested by and When
Recorded Return to:
City Clerk
city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of less
than a fee interest for which no cash
~ consideration has been paid or
received.
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(OFFSITES)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement")is made this - day of ,1998,
by and between the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
("City") and PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION
("Pacific Bay"), successors-in-interest to Pacific Bay Homes.
RECITALS
A. WHEREAS, this Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described in Exhibit "A" attached hereto ("Property").
B. WHEREAS, The EastLake Company ("EastLake") a California
Corporation, and Western Salt Company ("Western Salt"), a
California Corporation, are each fee title owners of a portion of
the Property, known as the Hunte Parkway Offsite.
C. WHEREAS, Trimark Pacific - San Miguel LLC ("Trimark") ,
a California limited liability company, holds fee title to a
portion of the Property known as the Proctor Valley Road Offsite.
D. WHEREAS, EastLake and Village Properties as predecessors-
in-interest to Pacific Bay, entered into that certain Agreement for
Construction of Hunte Parkway dated June 27, 1988. Pacific Bay
subsequently acquired the Hunte Parkway Off site portion of the
Property from Village Properties.
E. WHEREAS, EastLake and Pacific Bay, as successor-in-
interest to Village Properties, entered into that certain Amendment
to Agreement for Construction of Hunte Parkway dated June 2, 1997
("EastLake Amendment") in which EastLake agreed, among other
things, to acquire certain real property from Western Salt and to
grant arid dedicate certain easements to city. Pacific Bay agreed,
among other things, to cQnstruct Hunte Parkway Offsite and to
maintain the Hunte Parkway Offsite streets cape and landscape
H:\HomelAuorneyIO¡¡,ile 1 It
improvements ("Landscape Areas") until such time as Pacific Bay is
released from its maintenance obligations as provided in said
Amendment to Agreement for Construction of Hunte Parkway.
F. WHEREAS, Pacific Bay entered into that 'certain Agreement
Relating to Landscape Maintenance dated,June 2, 1997 with Western
Salt in which Pacific Bay agrees to maintain Landscaped Areas
adjacent to the Hunte Parkway Offsite right-of-way in exchange for
dedication of certain landscape buffer and sidewalk easements to
City by Western Salt ("Western Salt Agreement").
- G. WHEREAS, Pacific Bay entered into that certain Grants of
Easements and permission to Grade dated October 16, 1997 with
Trimark, recorded on November 13,1997 as Document No. 1997-0571418
in the Official Records of the San Diego County Recorder's Office
("Trimark Agreement"). In the Trimark Agreement, Trimark agreed,
among other things, to dedicate and grant certain easements to city
and Pacific Bay agreed, among other things, to construct Proctor
Valley Road Offsite and to maintain the Proctor Valley Road Offsite
streetscape and landscape improvements ("Landscape Areas") until
such time as provided in the Trimark Agreement.
H. WHEREAS, EastLake, Western Salt, and Trimark did dedicate
easements for street, landscape buffer, and sidewalk purposes to
City (collectively, "Dedicated Easements") pursuant to those
certain instruments recorded in the Official Records of the San
Diego County Recorder and listed in Exhibit "B", attached hereto.
1. WHEREAS, city desires to grant to Pacific Bay easements
for landscape maintenance purposes upon, over, and across portions
of the Dedicated Easements consisting of medians, landscaped and
hardscaped areas, and parkways which are located within said
Dedicated Easements.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties agree as set forth below.
1. Grant of Easements. City hereby grants to Pacific Bay
and its agents, successors, and assigns, non-exclusive easements
and rights-of-way upon, over, and across that portion of real
property, more particularly described on Exhibit "B" for the
purpose of maintaining, repairing, and replacing the landscaping
improvements located thereon (the easement area shall be
collectively referred to herein as "Off-Tract Maintenance Areas").
The Off-Tract Maintenance Areas consist of areas in and adjacent to
Hunte Parkway Offsite and areas in and adjacent to Proctor Valley
Road Offsite, and both such areas are diagrammatically shown on
Exhibit "C" hereto.
2. Maintenance obligations. Pacific Bay hereby covenants
and agrees to maintain, repair and replace, or cause to be
maintained, repaired and replaced, at its sole cost and expense,
the Off-Tract Maintenan'ce Areas, including all landscape
improvements located thereon, at a level maintenance set forth in
H:\Hom,\AlIDrn'yIOff,;", 2 /1
the Project's Landscape and Irrigation Plan ("Landscape Plan") as
approved by the City. For purposes of this Agreement, the term
"Maintenance or Maintain" shall mean the maintenance, repair, and
replacement obligations described herein. Pacific Bay understands
and agrees that the slope areas located adjacent to the Off-Tract
Maintenance Areas shall be maintained b~ Pacific Bay at a level of
maintenance that shall protect the adjoining street improvements.
Pacific Bay and the City agree to negotiate in good faith to enter
into a subsequent agreement that shall further refine the
obligations pertaining to maintenance of said adjoining slopes.
Pacific Bay understands and agrees that the city shall not accept
~ the adjacent street improvements until such agreement has been
approved and executed by the parties.
3. Termination of Maintenance Obligations - Hunte Parkway
Offsite. Notwithstanding any provision herein to the contrary,
Pacific Bay's obligations and liability under this Agreement with
respect to Off-Tract Maintenance Areas in and adjacent to Hunte
Parkway Offsite shall automatically terminate concurrently with
termination of the obligations to maintain those areas pursuant to
the EastLake Amendment and the Western Salt Agreement. At such
time that Pacific Bay's maintenance obligations automatically
terminate with respect to Off-Tract Maintenance Areas in and
adjacent to Hunte Parkway Offsite, Pacific Bay shall give notice,
as provided herein, to city of said termination.
4. Termination of Maintenance Obligations - Proctor Valley
Road Offsite. Notwithstanding any provision herein to the
contrary, Pacific Bay's obligations and liability under this
Agreement with respect to Off-Tract Maintenance Areas in and
adjacent to Proctor Valley Road Offsite shall automatically
terminate concurrently with termination of the obligations to
maintain those areas pursuant to the Trimark Agreement. At such
time that Pacific Bay's maintenance obligations automatically
terminate with respect to Off-Tract Maintenance Areas in and
adjacent to Proctor Valley Road Offsite, Pacific Bay shall give
notice, as provided herein, to City of said termination.
5. Assignment and Release.
a. Transfer to HOA. Pacific Bay represents to the city that
it intends to and has the authority, to unilaterally transfer said
Maintenance obligations, to the Project's Homeowners Association
("HOA"), and that such transfer has been provided for in the
appropriate HOA documents, including the HOA's Declaration of
Covenants, Conditions and Restrictions ("CC&Rs") and that such
document (s) includes the provisions described in paragraph 5 (b) (ii)
below.
b. Assignment. Upon Pacific Bay's transfer of the
Maintenance obligations to the HOA, it is intended by the parties,
that the HOA shall perform the Maintenance obligations either by
its own forces or by contractors. Such transfer will release
H:\Hom,lAno,"'yIOfr.;I< 3 ~
Pacific Bay from its obligations only if all of the following
occur:
i. HOA Accepts obligation. The HOA has
unconditionally accepted and assumed all of Pacific Bay's
obligations under this Agreement in writing and such assignment
prov~des that the Burden of this Agreement remains a covenant
runnlng with the land and the assignee expressly assumes the
obligations of Pacific Bay under this Agreement. The assignment
shall also have been approved by the appropriate governing body of
the HOA by resolution or similar procedural method and approved as
~to form and content by the city Attorney. The City attorney shall
not unreasonably withhold its consent to such assignment.
ii. HOA's CC&R's. The City has reviewed and approved
the HOA's recorded CC&R's to confirm that said document contains
the following provisions; the HOA shall be responsible for
complying with all the terms and obligations of this Agreement, the
HOA shall be responsible for the Maintenance of the Maintenance
Area in accordance with the Landscape Plan, the HOA shall indemnify
the City for"all claims, demands, causes of action liability or
loss related to or arising from the Maintenance activities, and the
HOA shall not seek to be released by the City from the obligations
of this Agreement, without the prior consent of the City and 100
percent of the holders of first mortgages or owners of the Project.
iii. HOA Insurance. The HOA procures and formally
resolves to Maintain at its sole cost and expense commencing upon
City's release of all of Pacific Bay's landscape maintenance bonds,
a policy of comprehensive general liability insurance written on a
per occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name City, its
officers, employees, and agents as additional insureds. The HOA
shall provide city with a certificate of Insurance upon acceptance
of'the transfer of the Maintenance obligations herein.
iv. HOA Bonds. The HOA procures and formally
resolves to maintain maintenance bonds commenclng upon City's
release of all of Pacific Bay's landscape maintenance bonds, in a
form and content reasonably satisfactory to City from a surety
approved by the City for the purpose of guaranteeing maintenance of
the Off-Tract Maintenance Areas.
c. Release. When all conditions precedent in 5(b) above are
fulfilled, Pacific Bay shall be released from its obligations under
this Agreement, including its security and insurance requirements.
Pacific Bay acknowledges that it has a contractual obligation to
perform'the terms and conditions of this Agreement until and unless
released by the City from t.his Agreement. At least sixty (60) days
prior to such transfer, Pacific Bay shall give notice, to the City
of Pacific Bay's intent to transfer its Maintenance obligations
H:\Hom,lAlIDm'yIOff';1< 4 ~
herein and provide the City the appropriate documents listed in
paragraph 5 above.
6. Insurance. Pacific Bay hereby agrees to procure and
maintain, at its sole cost and expense, in a form ánd content
issued by an insurer satisfactory .to City, a policy of
comprehensive general liability insurance written on a per
occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000.00) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
_Said insurance shall be primary insurance and shall name city, its
officers, employees, and agents as additional insureds. Pacific
Bay shall provide city with a certificate of Insurance within sixty
(60) days from the effective date of this Agreement or no less than
thirty (30) days prior to the acceptance of Proctor Valley Road
Offsite or Hunte Parkway Offsite street improvements by City,
whichever is the later. Said policy of insurance shall provide
that said insurance may not be amended such that it no longer
complies with this section or cancelled without providing thirty
(30) days prior written notice to City. In the event that said
policy of insurance is cancelled, Pacific Bay shall provide City
with new evidence of insurance in conformance with this section
prior to the cancellation date.
7. Security for Performance of Maintenance Obligations.
Pacific Bay hereby agrees to procure and maintain, at its sole cost
and expense, in a form and content reasonably satisfactory to city,
a maintenance bond in the amount of $280,000 from a surety approved
by the City for the purpose of guaranteeing maintenance of the Off-
Tract Maintenance Areas. Said bond shall remain in full force and
effect until such time as all of Pacific Bay's maintenance
obligations terminate, as provided herein. Pacific Bay shall
provide City with said maintenance bond in triplicate (i) within
sixty (60) days from the effective date of this Agreement or (ii)
no less than thirty (30) days prior to the acceptance of Proctor
Valley Road Offsite or Hunte Parkway Offsite street improvements by
city, whichever is later.
8. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon 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 Property,
until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns, and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of. the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
H:\HomolAnomoyIOff," 5
~
ci ty has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
9. Indemnity. Pacific Bay understands and agrees that City,
as indemnitee, or any officer, agent, or employee thereof, shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of Pacific Bay, its agents,
~ employees, successors, or assigns, related to Pacific Bay's
maintenance activities in the Maintenance Areas. Pacific Bay
further agrees to protect and hold the city, its officers, agents,
and employees, harmless from any and all actions, suits, claims,
damages to persons or property, costs, penalties, obligations,
errors, omissions, demands, liability, or loss of any sort (herein
"claims or liabilities"), that may be asserted or claimed by any
person, firm, or entity because of or arising out of or in
connection with the use, maintenance, or repair of the Maintenance
Areas by Pacific Bay, its agents, employees, successors, assigns,
members, or contractors, excepting any negligence or wilful
misconduct on the part of City, its officers, employees, and
agents.
10. Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the state of California.
11. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego County Recorder's
Office.
12. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all of
which shall constitute one and the same document.
13. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the San Diego County
Recorder's Office within 30 days after this Agreement has been
approved by the city Council and prior to any instrument relating
to the formation of the HOA, including the HOA's CC&Rs, has been
recorded against the Property.
14. Miscellaneous Provisions.
a. 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
H:\Hom,lAnorn'yIOff,ilc 6 ;23
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.
CITY OF CHULA VISTA
Department of Public Work&/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
PACIFIC BAY PROPERTIES
~ 2300 Boswell Road, Suite 209
Chula Vista, CA 91914
Attn: Project Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. Captions. captions in this Agreement are inserted for
convenience of reference and do not define, describe or limit the
scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement, together with any
other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous oral
or written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the
parties unless expressly noted.
d. Reci tals; Exhibits. Any recitals set forth above and any
attached exhibits are incorporated by reference into this
Agreement.
e. Compliance with Laws. In the performance of its
obligations under this Agreement, Pacific Bay, its agents, and
employees shall comply with any and all applicable federal, state,
and local laws, regulations, ordinances, policies, permits, and
approvals.
f. Authority of Signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter
into this Agreement.
g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Office of the
San Diego County Recorder.
H:\Hom,lAl1orn'yIOrr,;" 7 :;;zr¡
h. Severability. If any term, covenant or condition of this
Agreement or the application thereof to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such. term, covenant, or
condition to person or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected thereby
and each term, covenant, or condition shall be valid and be
enforced to the fullest extent permitted by law.
i. Preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or its
- attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
j. Attorneys' Fees. If either party commences litigation
for the judicial interpretation, reformation, enforcement or
rescission hereof, the prevailing party will 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.
H:\Hom,lAuomeyIOff"" 8 Å5
--- -
SrGJiATtmE PAGE TO
GRAIi'l' OF BASEIŒlITS AJII) ~E AGREEMEJIT
(OFPsrl'ES)
IN WITNEss WBEREOF, the parties hereto have caused this
Agreement to be executed the day and Yf2~ first hereinabove. set
forth.
CITY OF CHULA VISTA PACIFIC BAY PROPERTIES
~
Shirley Horton, Mayor
I
Attest:
Beverly Autbelet, city Clerk
!
!
Approved as to form: I Approved as to form:
I
I
I John H. Kaheny, City Atto:rney Attorney for pacific Bay Homes
I
1
I
"""""'""'-- 9
I ~
I
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
TIE LAND RE;=::RRED ïO HEREIN IS SimA I toO IN ïHE SïAïE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIB~ AS FOLLOWS:
-
PARCEL 1:
TrlE NORTH HALF OF ïHE SOUïHWESï QUARïER OF SECïlON 25, ïOWNSHIP 1Ï
SOUTH, RANGE 1 WESï, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, SïA I::: OF CALIFORNIA, ACCORDING ïO UNlïED SïAïES GOVERNMENï
SURVEY ïHEREOF.
EXCE?ïING THEREFROM THAï PORïlON DESCRIBED IN DEED ïO HENRY G. FENïON,
RECORDED AUGUST 31,1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
TI-'.E SOUïHEASï QUARïER OF SECïlON 25, ïOWNSHIP 17 SOUïH, RANGE 1 WESï,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNïY OF SAN DIEGO, SïAïE OF
CALiFORNIA, ACCORDING ïO UNlïED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17, 1883.
PARCEL 3:
ïHE SOUïHEASï QUARïER OF THE NORTHEASï QUARïER, ïHE EASï HALF OF THE
SOUTHEASï QUARïER AND THE SOUTHWESï QUARTER OF ïHE SOUT.-!EAST
QUARïER, ALL IN SECïlON 27, ïOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN., IN THE COUNïY OF SAN DIEGO, SïAïE OF
PAGE 1 OF 5 ;2.7
;Des M;\LEGALSI14131O24IA3ô.DOC
WO 1413-24 3/24/97
CALIFORNIA, ACCORDING TO UNITED STAlES GOVERNMENT SURV::Y, APPROVED
A?RIL 17. 1883.
EXCEPïING THEREFROM THAT PORTION OF SAID LAND LYING WITHiN PARCEL MAP
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. DECEMBER 2,1988, AS FILE NO. 88-519593 OF OFFICIAL RECORDS.
- PARCEL 4:
To';!: EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENï SURVEY
TH:::REOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARIER OF SECTION 25, TOWNSHIP 17 SOUTrl,
RANGE 1 WEST. SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA, ACCORDING TO UNITED STA I ~S GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF. SAN DIEGO. STA = OF CALIFORNIA.
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PAGE 2 OF 5 ~g
:DBS M:\LEGALS\1413\D24\A36.DOC
WO 1413-24 312'-197
PARCEL 7:
TrE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
- CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
- PARCEL 8:
THE SOUTHEA.ST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER
OF THE SOUT,-ìWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
TH:: NORTHE';ST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
TriE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17,1883, DESCRIBED AS FOllOWS:
BEGINNING AT A POINT ON mE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON
SOUTH B8"S3'30' EAST, 1136.70 FEET FROM T.-iE NORTHWEST CORNER THEREOF;
THENCE SOUT'rl41°48'30' EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE
SOUT'rl LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH
PAGE 3 OF 5 ~1
:Des M:\!.EGALs\'-"3\C2-'\A36.DOC
WO '-"3-2-' 3124Nl
BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE
SOUTH 88"49' EAST TO TrlE EAST LINE OF SAID SOUTH HALF OF SOUT.-iWEST
QUARïER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0"12' EAST,
1332..13 FEET TO A FOUR -INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR
Trl:: NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARïER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF TrlE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG TrlE NORTH LINE
OF SAID SOLIT'rl HALF OF THE SOUTHWEST QUARïER NORTH 88"53'30' WEST, 1578.87
- F==¡ TO THE POINT OF BEGINNING.
EXCêPTING TrlEREFROM THAT PORTION DESCRIBED IN DE::D TO THE SOUTHERN
CALIFORNIA MOUNTAIN WAïER COMPANY, RECORDED MAY 4,1905, IN BOOK 363,
PAGE 154 OF DE@S.
PARCEL 10:
TH:: SOUTHWEST QUARTER OF THE NORTHEAST QUARïER OF SECTION 26,
TOWNSHIP 1ï SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STAI=S
GOVERNMENT SURVEY THEREOF.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARïER OF SECTION 26, TOWNSHIP 17
SOUTrl, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN -THE COUNTY OF SAN
DIEGO, STAïE OF CALIFORNIA, ACCORDING TO UNlïED STAïES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN TrlE COUNTY OF SAN
:DBS M:1L:GALSI'4'3ID241A36.DOC PAGE 4 OF 53 ¿)
WO ,413-24 3I241'ii7
DIEGO. STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVSr:\NMENT
SURVEY THEREOF.
PARCEL 13:
mAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN. IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
- GOVSRNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF T..iE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHiP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STA I =S
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
~ U-§'::'7'-- 3'-Z4-"17
.
JOHN W HILL, JR. LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 5 OF 5
:DèS M:\LEGALS\'~13\O24\A36.DOC .3/
WO 14,3-24 3l24lS7
EXHIBIT "B"
LIST OF EASEMENTS DEDICATED TO CITY,FOR STREET,
LANDSCAPE BUFFER, AND/OR SIDEWALK PURPOSES
1. Proctor Vallev Road Offsite
Easement for Street and Landscape Buffer and Sidewalk Purposes
- Granted to the City of Chula Vista per Document Recorded
11/13/97 as File No. 1997-0571418, O.R.
2. Hunte Parkwav Offsite
Easement for Street and Landscape Buffer Purposes Granted to
the City of Chula Vista per Document Recorded 7/03/97 as File
No. 1997-0316062, O,R.
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AITAC H-fv1 ~ 4-
Recording Requested by and
When Recorded Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of less
than a fee interest for which no cash
- consideration has been paid or Above Space for Recorder's Use Only A
DETENTION BASIN MAINTENANCE AGREEMENT BY AND BETWEEN THE
CITY OF CHULA VISTA AND PACIFIC BAY PROPERTIES
This Agreement is made this - day of ,
1998 by and between PACIFIC BAY PROPERTIES, A .CALIFORNIA
CORPORATION ("Pacific Bay"), successor-in-interest to Pacific Bay,
Homes, and the CITY OF CHULA VISTA, A CALIFORNIA'PMUNICIPAL
CORPORATION ("City") with reference to the facts set forth below,
which recitals constitute a part of this Agreement.
RECITALS
A. WHEREAS, this Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described in Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of a planned residential
development project commonly known as Salt Creek Ranch. For
purposes of this Agreement, the term "Project" shall also mean the
"Property".
B. WHEREAS, Pacific Bay is the owner of the Property.
C. WHEREAS, on March 24, 1992, City approved the Salt Creek
Ranch Sectional Planning Area (SPA) Plan by Resolution No. 16554,
relying in part on the "Salt Creek Ranch SPA Plan Final
Supplemental Environmental Impact Report 91-03, "SCH No. 89092721
("SEIR 91-03").
D. WHEREAS, on October 6, 1992, the Chula Vista City Council
adopted Resolution No. 16834 approving the Tentative Subdivision
Map for Salt Creek Ranch, Chula Vista Tract 92-02, and, in
accordance with the California Environmental Quality Act ("CEQA")
(Pub. Resources Code Section 21000 et seq.) made certain Findings
of Fact, recertified Supplemental Environmental Impact Report 91-
03, SCH 89092721 ("SEIR"), re-adopted the Mitigation Monitoring and
31
Reporting Program for the SEIR, and re-issued a Statement of
Overriding Considerations.
E. WHEREAS, on September 23, 1997, in order for Pacific Bay
to obtain a final map for the Property, the citý and Pacific Bay
entered into a Supplemental Subdivision.Improvement Agreement, by
Resolution 18702, in which Pacific Bay agreed to construct a
detention basin to service the Project, prepare a maintenance
program for said improvement, and maintain the detention basin for
the period of time specified in said Supplemental Subdivision
Improvement Agreement. The City and Pacific Bay now. desire to
- further refine the maintenance obligations as it relates to the
detention basin.
F. WHEREAS, the City and Pacific Bay agreed, pursuant to
paragraph 3 (b) of the above described Supplemental Subdivision
Improvement Agreement, that the city has absolute discretion not to
accept the Detention Basin as a public facility.
G. WHEREAS, Pacific Bay is required to enter into
agreement(s) with city and with the California Department of Fish
and Game (" Fish and Game") to implement the detention basin
maintenance program.
H. WHEREAS, the City Engineer had determined that a storm
water runoff Detention Basin, as shown on Chula Vista Drawings 97-
432 through 97-441, is necessary to serve that portion of Project
north of Proctor Valley Road within the Salt Creek Drainage Basin.
NOW THEREFORE BE IT RESOLVED that the Parties agree as
follows:
1. Defined Terms. As used herein, the following terms shall
mean:
l.a "Detention Basin" means the flow-through structure
located in Neighborhood 7B of the Tentative Subdivision Map and on
Chula Vista Drawings 97-432 through 97-441, which is necessary to
serve that portion of Project north of Proctor Valley Road within
the Salt Creek Drainage Basin, as depicted in Exhibit "B." The
basic purpose of the Detention Basin is to collect and hold storm
water runoff while releasing it downstream at a controlled rate.
lob "Maintain" or "Maintenance" means to furnish, or
the furnishing of, services and materials for the ordinary and
usual maintenance required for the operation of the Detention Basin
which shall include, but not be limited to such activities as, the
removal/displacement of sand, silt, sediment, debris, rubbish,
woody or aquatic vegetation and other obstructions to flow, the
control of weeds, grasses, and emergent vegetation, and the
cleaning and clearing of erosion control facilities, in accordance
with the approved Habitat Enhancement Plan ("Habitat Plan") for
2
35
Area "A," attached hereto as Exhibit "C~, and the "Maintenance
Program for Proctor Valley Road Detention Basin" ("Proctor Valley
Plan") for Area "B," attached hereto as Exhibit "D."
L c "Area' A ", shall mean that portion of the Detention
Basin more particularly described in E;xhibit "E~ which will be
Maintained by Pacific Bay in accordance with the Habitat Plan.
Ld "Area 'B'" shall mean that portion of the Detention
Basin more particularly described in Exhibit "F~ which will be
Maintained in accordance with the Proctor Valley Plan.
~ Agreement Applicable to Subsequent Owners.
2.
2.a Agreement Binding Upon 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
Property.
2.b Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns, and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
3. Detention Basin Maintenance.
3.a Detention Basin Maintenance - Area "A". Pacific Bay
agrees to Maintain Area "A ~, at its sole expense, in accordance
with the Habitat Plan. Pacific Bay understands and agrees that
Pacific Bay is responsible for obtaining all necessary permits,
approvals, and certifications, if any, from the applicable Federal
and/or State agencies, including but not limited to, Fish and Game,
and the United States Army Corps of Engineers. Pacific Bay
expressly understands and agrees that, in the Maintenance of said
Area "A~, Pacific Bay shall conform to and abide by all of the
provisions of the ordinances, standards and policies of the city of
Chula Vista, the laws and statutes of the State of California, and
Federal laws and statutes, as may be applicable to said work.
3.b Detention Basin Maintenance - Area "B". Pacific Bay
agrees to Maintain Area "B", at its sole expense, in accordance
with the Proctor Valley Plan, until such time as all upstream
3
3~
grading within the Project is completed and erosion protection
planting is adequately established as determined by the City
Engineer or for a period of five years from the Effective Date of
this Agreement, whichever occurs last. Pacific Bay understands and
agrees that Pacific Bay is responsible for obtaining all necessary
permits, approvals, and certifications, ~f any, from the applicable
Federal and/or state agencies, including but not limited to, Fish
and Game, and the United states Army Corps of Engineers. Pacific
Bay expressly understands and agrees that, in the Maintenance of
Area "B", Pacific Bay shall conform to and abide by all of the
provisions of the ordinances, standards and policies of the City of
Chula Vista, the laws and statutes of the state of California, and
~Federal laws and statutes, as may be applicable to said work.
3.c Detention Basin Maintenance - Area "B", Assumption
of Maintenance by city. City agrees to assume the Maintenance
obligations for Area "B" after the time period for Maintenance by
Pacific Bay has expired, as set forth in paragraph 3(b) of this
Agreement, and provided that Pacific Bay is not in breach with any
of the terms or provisions of this Agreement. Upon assumption of
Maintenance of Area"B" by the City, Pacific Bay shall be released
from its Maintenance obligations under this Agreement, including
all security requirements. city understands and agrees that city
is thereafter responsible for obtaining all necessary permits,
approvals, and certifications, if any, from the applicable Federal
and/or state agencies, including but not limited to, Fish and Game,
and the Federal Emergency Management Administration.
3.d Security for Performance of Maintenance Obligations
- Area "B". Pacific Bay agrees to furnish and deliver to the City
of Chula Vista, simultaneously with Pacific Bay's execution of this
Agreement, and to thereafter keep in full force and effect for the
full term of Pacific Bay's Maintenance obligations as set forth
herein, maintenance securities as specified in section 7 of this
Agreement to guarantee faithful performance in connection with
Pacific Bay's Maintenance obligations for Area "B" and to secure
the payment of material and labor in connection with such
Maintenance of said Area "B".
Pacific Bay acknowledges and agrees that if Area "B" is
not Maintained to City's satisfaction, the sums provided by said
maintenance securities may be used by City for the Maintenance of
Area "B," or at the option of City, for Maintenance that is less
than the sum provided by said maintenance securities. Pacific Bay
agrees to pay to City any difference between the total costs
incurred to perform the work, including, but not limited to,
reasonable design and administration of the Maintenance (including
a reasonable allocation of overhead), and any proceeds from the
maintenance security.
4... Assignment of Area "A." Pacific Bay represents to the
City that it intends to and has the authority, to unilaterally
4
21
transfer its Maintenance obligations for Area "A" under this
Agreement to the Project's Homeowners Association ("HOA") and that
such transfer has been adequately provided for in the appropriate
HOA documents, including the HOA's Declaration of Covenants,
Conditions and Restrictions ("CC&R's") and that the prov1s10ns
described in paragraph 5(a) (iii) has been or will be included in
said documents. Pacific Bay agrees to transfer its Maintenance
obligations for Area "A" to the HOA, which shall perform said
obligations either by its own forces or by contractors. Upon
transferring the Maintenance obligations for Area "A" to the HOA,
Pacific Bay shall be released from said obligations if paragraph 5
~of this Agreement has been executed to the city's satisfaction.
At least sixty (60) days prior to such transfer of Maintenance
obligations, Pacific Bay shall give written notice, as provided
herein, of its intention to transfer its obligations. The City and
Pacific Bay agree that Pacific Bay shall not transfer its
maintenance obligations for Area "B" to the HOA.
5. Release for Area "A."
5a: Assignment. Pacific Bay shall be released from its
Maintenance obligations for Area "A," only if all of the following
occur:
i. Assumption by HOA. The HOA has unconditionally
accepted and assumed all of Pacific Bay's obligations under this
Agreement in writing and such assignment provides that the Burden
of this Agreement remains a covenant running with.the land and the
assignee expressly assumes the obligations of Pacific Bay under
this Agreement. The assignment shall also have been approved by
the appropriate governing body of the HOA by resolution or similar
procedural method and approved as to form and content by the City
Attorney. The City attorney shall not unreasonably withhold its
consent to such assignment.
ii. HOA Financial Ability. The HOA has provided the
City with documentation, such as the HOA's operating budget for the
appropriate fiscal year, that shows, to the City's satisfaction,
the HOA's financial ability to as.sume Pacific Bay's obligations
under this Agreement,
Hi. HOA's CC&Rs Approved by city. The City has
reviewed and approved the HOA's recorded CC&Rs, said document shall
include but not be limited to, the following provisions; the HOA
shall be solely responsible for complying with all the terms and
obligations of this Agreement, the HOA shall be responsible for
maintaining Area "A" in accordance with the Habitat Plan, the HOA
shall indemnify the City for all claims, demands, causes of action
liabili ty or loss related to or arising from the Maintenance
activities, and the HOA shall not seek to be released by the City
from the obligations of this Agreement, without the prior consent
5
31
of the city and 100 percent of the holders of first mortgages or
owners of the Project.
Sb. Release. When all the conditions precedent in 5(a)
above have been satisfied, Pacific Bay shall be released by the
city from its Maintenance obligations far Area "A." Pacific Bay
acknowledges that it has a contractual obligation to perform the
terms and conditions of this Agreement for the Maintenance of Area
"A" until and unless released by the city. Pacific Bay shall
provide the City with all documents necessary for such release, at
least 60 days prior to requesting such release from the city. The
~City and Pacific Bay agree that Pacific Bay shall not transfer its
maintenance obligations for Area "B" to the HOA and that such
release does not apply to its obligations for Area "B."
6. Pacific Bay's Costs and Expenses. Notwithstanding
anything herein to the contrary, it is expressly agreed and
understood by the parties hereto that in no case will the city of
Chula vista, or any department, board or officer thereof, be liable
for any portion of the costs and expenses of the aforesaid
Maintenance (except for Area "B" once the City has assUIned
maintenance of Area "B," as provided for in paragraph 3(c) above),
nor shall city or City's officer, sureties, or bondsmen be liable
for the payment of any sum or sums for said work or any materials
furnished therefor.
7. Security for Performance. Pacific Bay hereby agrees to
procure and maintain, at its sole cost and expense, in a form and
content reasonably satisfactory to city, maintenance bond(s) in the
amount of $35,000 from a surety approved by the City for the
purpose of guaranteeing maintenance of Area "Bn for the period of
Pacific Bay's Maintenance obligations as set forth herein. said
bond shall remain in full force and effect for the full five year
period. Pacific Bay shall provide City with said maintenance bond
in triplicate in accordance with the provisions of this Agreement.
8. Indemnity., Pacific Bay understands and agrees that
city, as indemnitee, or any officer or employee thereof, shall not
be liable for any injury to person or property occasioned by reason
of the acts or omissions of Pacific Bay, its agents or employees,
or indemnitee, related to the Maintenance Activities described
herein. Pacific Bay further agrees to protect and hold city, its
officers, agents, and employees harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Pacific Bay, its agents
or employees, or indemnitee, related to said Maintenance
Activities, excepting any negligence or willful misconduct on the
part of city, its officers, employees, and agents. The approved
maintenance securities referred to above shall not cover the
provisions of this paragraph. Such indemnification and agreement
to hold harmless shall extend to damages to adjacent or downstream
properties or the taking o~ property from owners of such adjacent
6
31
or downstream properties as a result of or arising from Pacific
Bay's Maintenance Activities as provided herein. It shall also
extend to damages resulting from diversion of waters, change in the
volume of flow, modification of the velocity of the water, erosion
or siltation, or the modification of the point of discharge as the
result of or arising from the Maintenance Activities. The approval
of plans for the Detention Basin and any related improvements shall
not constitute the assumption by city of any responsibility for
such damage or taking, nor shall City, by any approvals, be an
insurer or surety for the Maintenance of the Detention Basin and
any related improvements. The provisions of this paragraph shall
~ become effective upon the execution of this Agreement and shall
remain in full force and effect regardless of the City's acceptance
of Area "B" for Maintenance.
9. Governing Law. This Agreement shall be governing and
construed in accordance with the laws of the state of California.
J.D. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego County Recorder's
Office.
J.J.. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all of
which shall constitute one and the same document.
J.2. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the San Diego County
Recorder's Office within 30 days after this Agreement has been
approved by the City Council and prior to any other instrument
relating to the formation of the HOA, including the Declaration of
Covenants and Restrictions for said HOA, has been recorded against
the Property.
J.3. Miscellaneous Provisions.
J.3.a. 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. Facsimile
transmission shall constitute personal delivery.
7
LId
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Engineer
PACIFIC BAY PROPERTIES
2300 Boswell Road, suite 209
Chula Vista, CA 91914
Attention: Liz Jackson, Division Manager
_A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
B.b. captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
13:c. Entire Agreement. This Agreement, together with
any other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous oral
or written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the
parties unless expressly noted.
13.d. Recitals; Exhibits. Any recitals set forth above
and any attached exhibits are incorporated by reference into this
Agreement.
13.e. Compliance with Laws. In the performance of its
obligations under this Agreement, Pacific Bay, its agents, and
employees shall comply with any and all applicable federal, state,
and local laws, regulations, ordinances, policies, permits, and
approvals.
B.f. Authority of signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter
into this Agreement.
13.g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Official
Records'of the San Diego County Recorder's Office.
8
tfl
13.b. Severability. If any term, covenant or condition
of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term,
covenant, or condition to person or circumstances other than those
as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant, or condition shall be
valid and be enforced to the fullest extent permitted by law.
13.i. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
- attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
9
If~
IN WI'l'NESS WH:E:IæOF, the parties hereto have caused this Agreement
to be executed the day and year firs~ hereinaJ:>ove. set forth.
CITY OF CHULA VISTA, PACIFIC BAY PROPERTIES
Shirley Horton, Mayor
.,
Attest:
B~ly Authelet, City Clerk
Approve(t as to fea: "Approved" as to form:
John H. Kaheny, city Atto.r:ney Attorney for Pacific Bay
Properties
H, I-IATlQRIŒr\DE1DTIØII .1151
10
Ljg
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
ïHE LAND RE~RRED TO HEREIN IS SlïUAïED IN ïHE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS:
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARïER OF SECTION 25, ïOWNSHIP 1ï
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN ïHE COUNïY OF SAN
DIEGO, STAT:: OF CALIFORNIA, ACCORDING TO UNlïED STAïES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARïER OF SECTION 25, TOWNSHIP 17 SOUTH, P-ANGE 1 WEST.
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNlïED STATES GOVERNMENT SURVEY, APPROVED
APRil 17, 1883.
~
PARCEL 3:
THE SOUTHEAST QUARïER OF THE NORTHEAST QUARTER, THE EASï HALF OF THE
SOUTHEAST QUARïER AND THE SOUTHWEST QUARïER OF THE SOUT'rlEASï
QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, SïATE OF
PAGE 1 OF 5
:oes M:\l..EGALS\1413\C24\A36.00C 7't¡
WO 1413-24 3124/'E
CALIFORNIA, ACCORDING ïO UNITED SïATES GOVERNMENï SURVEY, APPROVED
A?RIL 17,1883.
EXCEPïlNG THEREFROM TrlAï PORTION OF SAID LAND LYING WITHIN PARCEL MA?
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2,1988, AS FILE NO. 88-ê19593 OF OFFICIAL RECORDS.
PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CAUFORNIA, ACCORDING TO UNITED STATES GOVERNMENï SURVEY
THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 2ê, TOWNSHIP 17 SOUTrl,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH ¡"'.ALF OF THE NORTHWEST QUARTER OF TH:: SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, -
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PAGE 2 OF 5
:DES M:\LEGALS\1"õ31C241A36.DOC 4£
WO 1"13-24 3I2qr¡
.~~---~- .._-~-------....
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 8:
THE SOUTHE';ST QUARTER OF THE SOUTHWEST QUARTER AND THE =.';ST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
TnE NORTHE';ST QUARTER OF THE NORTHWEST QUARTER, THE E';ST QUARTEq OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALt:
OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17, 1883.
PARCEL 9:
TriA T PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17,1883, DESCRIBED AS FOll..OWS: -
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID Si=CTION 25, DISTANT THEREON
SOUTH 88°53'30. EAST, 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 41°48'30. EAST 1817 FEEï, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH
PAGE 3 OF 5
:D8S M:ILEGALSI14131C241A36.DOC L(~
we 1413-24 3/24197
BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDA?Y LINE
SOUTH 88°49' EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST
QUARTER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0"12' EAST,
1332.13 FEETTO A FOUR -INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR
THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFt-ICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE
OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER NORTH 88"53'30. WEST, 1578.87
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905, IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHVY:=ST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STA I =S
GOVERNMENT SURVEY THEREOF.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDiAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVE.::ZNMENT
SURVEY THE?EOF. ~
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
PAGE 4 OF 5
:DBS M:\LEGALS\1413\C24\A36.DOC 1/7
wo 141~24 3/24197
DIEGO, STAT:: OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THE?EOF.
PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
~ vvtf::'T :?~Z4-'77
¥
JOHN W. HILL, JR LS. 5669
HUNSAKER & ASSOCIATES SAN DIEGO,INC. -
PAGE 5 OF 5
:Des M:\LEGALS\1.t.131C24\A36.DOC ~~
WO '413-24 3124lS7
VVCII.ANU Ht:VE~ETATION/ EXHIBIT B
I MITIGATION PLANS FOR:
i SAL T CREEK
i RANCH
,
I ~~ !
\ i
I
f ~ø~~~
- --- ......
I ,VICINITY MAP
. NOT 10 5C.IU:
.
A
I
I =~OF
I lØ11CAlICN SIT[ ~
I 1.DCA1ICN rtF SEIIIIÐfT
'I cw::a ~
g:J~)
DR.<\WH ..' - TITI.E
F. ÃIVERA CTY OF CM.A \15TA , .. EllGlH£ERJNO DEPT.
DATE APRlb 1998 ;(.~ ~:TSH~~ANCH Yrtt.AND RE'ÆGETATION
EXHIB IT C
-
HABITAT ENHANCEMENT PLAN
-.
FOR IMPACTS TO
- WETLAND VEGETATION COMMUNmES
FOR SALT CREEK RANCH - PHASE 1-
-
SALT CREEK RANCH
- CITY OF CHULA VlSTA~ CALIFORNIA
Prepared for.
- PACIRC BAY HOMES
2300 Boswell Road, Suite 209
- Chula Vis'".a, California 91914
Contact:: Guy Asaro
(61.9) 6564300
Prepared: by:
....
.A Cdit....i. CD"....'i...
605 Third Street ~
Encinitas, California' 92024
Contact:: Anita M. Hayworth, Ph.D.
. (760) 942-51.47
Project No. 1077-03
1.1. February 1.998
~()
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
- TABLE OF CONTENTS
Semon Pa~
- 1.0 INTRODUCTION "".""."""""""""'."""""..""""""..1
2.0 EXISIINGCONDmONS ................................................. 3
3.0 PROJECT DESCRIPTION AND IMPACTS .................................12
-
4.0 REVEGEIAIIONI'IAN..................................................17
5.0 PL'\N""IINGDESIGN. ...................... ....................... ........23
6.0 SOURCES OF PI.ANT MATEUALS A...PIID LEAD TIME . . . . . . . . . . . . . . . . . . . . . . 29
-
i.O INSTi,IIATION ........................................................30
-
8.0 IRRIGA.TIONANDWATERSOURCE......... ............ .......... ......32
- EROSIONCo.NTROL...... ............... ............ ........... ........32
9.0
10.0 MAINIE.IQNCEANDMONITORING ...... ......... ............. ........34
11.0 DOCU.MEN""Tl~.TION ....................................................38
-
12.0 I.ITERA:rUREŒIED --...... ........... ... ......... ... ............ ...... 39
- APPENDICES
-
App=cüxA CaJi£omia Watr::r: Quality Conn-ol Board Section 401 C::rri£ic:aticnAppuc:aticn
A?!=dix B Ca1i.romiaDep=t ofFish and Game Sn-"ambdAlteration.~.gre==t, S<:::ti.on
1óC3
.A?!=dix C U.5..A=.y Corps of Engine= ".'Lfrer the Fact" P=it
.Appoåix D Soils .-\nalysis ksuits
Appodix E. R..-vegetation Ccmstruc:tionDrawmgs, Details and Specifications
. . . 'lO77~
Ió.ASSOClATI
.,-- Fobmuyl!,L"9B ~L i
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
- TABLE OF CONTENTS (Continuetf)
- Pasæ
- UST OF AGURES
Egmel :R:gionalMap.......................................................5
- Figure 2 VicinityMap ....................................................... 6
Egme 3 Wetland Delinea.tion for Hunte Paù:way . . . ..... . . . . . . ....... .. . . . . . .. ... 7
- Figure 4 WetlandDelinea.tionforH-Scr=Ext=sion .............................. 9
fi"au:re 5 l'hase1WetlandImpacts.____........................................15
F.:gme 6 Conc.."Ptual Mitigation Site 1'lar1 for Impacts R=úting from
Construc:rion of Hunte Parkway an¿:East H Scr=. . . ... ....... . . . . . " .... 18
Figme 7 R...--vegetationSiteGraèingPlan.......... ............. .................21
rigme 8 WetlandReveg~..ationP1antingPlan...... ............. ."""""'" ... 25
-
UST OF TABLES
-
lab]" 1 Container Stock and Seed Mix for Riparian R..--vege:ation .................. 26
lab]" 2 Tree and S"mub Planting Densiri<:s and Spacing .. . . . . . . . . . . . . . . . . . . . . . . . . . 28
Tab]" 3 RiparianHydrosee¿PlantingPak:re ...................~...............28
-
-
~
-
- t . lDïï-æ
~ASSOCtÁ7ES ü
. ,- '-"- F.i=.ty 11, 1996 S;þ
.' e.. ~
FXmR IT ~
LEGAL DESCRIPTION
AREA nAil
A PORTION OF THE WEST HALF OF SECTION 25, TOWNSHIP 17 SOUïH. RANGE 1
WEST, SAN B@NADINO BASE AND MERIDIAN, IN THE CITY OF CHUU\ VISTA. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA.
COMMENCING AT A POINT IN THE NORTHERLY SIDELINE OF PROCTOR VALLE:Y ROAD,
DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JUL.Y 9,1997,
AS FILE NO. 1997-0322402, OF OFï=ICIAL RECORDS, SAID POINT BEING THE WESTERLY
TERMINUS OFïHAT CERTAIN COURSE DESCRIBED IN SAID DOCUMENT AS
SOUTH 76°38'00. EAST, 555.03 FEEï; THENCE ALONG SAID SIDELINE
SOUTH 75°38'00. EAST, 199.81 FEEï; THENCE LEAVING SAiD SIDELINE,
NORTH 13°22'00" EAST 78.00 FE::ï; THENCE NORTH 00°48'00" WEST, 45.19 FE::ïTO
THE:: TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 000~8'OO" WEST,
91.57 F:=ï; T.-1ENCE NORTH 22°29'00" WEST, 142.34 ï=E::ï; THENCE
NORTH 12°5ô'OO" WEST, 3Tï.72 FEEï; THENCE NORTH 07°41'00" EAST, 63.47 FE::ï;
THENCE NORTH 23°00'00" WEST, 54.45 FE= I ; THENCE NORTH 80°37'00" EAST,
98.46 FE= I; THENCE SOUTri 29°11'42" EAST, 93.17 FE::ï; THENCE
SOUTrl 11 °19'50 EAST, 79.04 FEc I ; THENCE SOUïH 20°42'00" WEST, 147.16 FE::ï;
THENCE SOUT.-: 19°22'00" E/!'ST, 224.Tï FE::ï; THENCE SOUïH 26°45'00" E/!'ST,
130.16 FE::ï; THENCE SOUTri 39°15'00" E.o,ST, 138.42 FEEï; THENCE
SOUTH 21°38'00" WEST, 29.12 FEEï; THENCE NORTH 76°38'00" WEST, 167.56 FEEïTO
. THE TRUE POINT OF BEGINNING.
..
9--~/~h P;-¡::-C¡]
JOHN W. HILL, JR. LS. 5ôô9
HUNSAKER & ASSOCIATES SAN DIEGO, iNC.
:DV M:'L-galsl'413\C24\A38.doc PAGE 1 OF 1.9.3
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EXHIBIT n~
LEGAL DESCRIPTION
AREA "B n
A PORTION OF THE WEST HALF OF SECTION 25, TOWNSHIP 17 SOlJTH. RANGE 1
WEST, SAN BERNADINO SASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STAïE OF CALIFORNIA.
COMMENCING AT A POlNï IN THE NORTHERLY SIDEUNE OF PROCTOR VALLEY ROAD,
D@ICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 9, 1997,
AS FILE NO. 1997-0322402, OF OFFICIAL RECORDS, SAID POINï BEING TrlE WESïERL Y
ì"ERMfNUS OFTHAT CERTAIN COURSE DESCRIBED IN SAID DOCUMt=~ AS
SOUTH 76°38'00' E.o.ST, 55ë.D3 FEt!; THENCE ALONG SAID SIDELINE
SOUTH 76°38'00' EAST, 199.81 F:"ci:! TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SIDELINE NORTH 13"22'00" EAST, 78.00 I- I; THENCE
NORTH 00°48'00" WEST, 45.19 FEET; THENCE SOUTH 7S038'DO" EAST, 167.56 I-ci: I;
THENCE SOUTri 21 °38'00" WEST, 44.27 FEe I; TrlENCE SOlJTH 68°10'21" ::AST,
156.32 r:=ï;THENCE SOUTri 13°22'00" WEST, 55.00 FEïïO SAID NORïHERLY
SIDELINE OF PROCTOR VAllEY ROAD; THENCE ALONG SAID SIDEUNE
NORTH 76°38'00" WEST, 304.76 FEET TO THE TRUE POINT OF BEGINNING.
-
-
~~~~ 2-Z- 7'8
JOHN W. HiLL. JR. LS. 5559
HUNSAK.....!:R & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3 Sg-
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EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK RANCH
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938, IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNiA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17,1883.
PARCEL 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDiAN, IN THE COUNTY OF SAN DIEGO, STATE OF
PAGE 1 OF 5
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WO 1413-24 3/24/97 ..57
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17,1883.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2,1988, AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH, RANGE
1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
THEREOF.
PARCEL 5;
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF TH:: SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PAGE 2 OF 5
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WO 1413-24 3/24197 5?'
r:,
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 8:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER
OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON
SOUTH 88°53'30. EAST, 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 41°48'30. EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF SAID SECTION 25; SAID SOUTH LINE BEING ALSO THE NORTH
PAGE 3 OF 5
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WO 1413-24 3124/97 51
r.
BOUNDARY LINE OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE
SOUTH 88°49' EAST TO THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST
QUARTER OF SAID SECTION 25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST,
1332.13 FEET TO A FOUR -INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR
THE NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER, AND
AS SHOWN ON RECORD OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE
OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER NORTH 88°53'30. WEST, 1578.87
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905,IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF.
PARCEL 11:
THE SOUTH HALF OFTHE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OFTHE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
PAGE 4 OF 5
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WO 1413-24 3124/97 60
~'
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
?'Z {þ~ 7' :5-Z4-&j7
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 5 OF 5
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--'
WETLAND REVEGETATIONI EXHIBIT B
MITIGA TION PLANS FOR:
SALT CREEK
i RANCH
,
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I ,VICINITY MAP
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I lOCAlION Of"
WE1lAND
, 1I111CA1ION SI1E
, lOCAlION Of" SEOIIIENT
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DR 4WN - -. '-_. TIT L E
F. RIVERA aTY Of" aiUI.A '115T4 - "DlGlNEERINO DEPT.
11TlE SHEET f"OR: '" '
DATE APRlb1998 ~~ SAlT CREEI(_RANCH WE1LAND REVEGE:tA110N
-'
EXHIBIT C
HABITAT ENHANCEMENT PLAN
-.
FOR IMPACTS TO
- WETLAND VEGETATION COMMUNITIES
FOR SALT CREEK RANCH - PHASE:1
SALT CREEK RANCH
CITY OFCHULA VISTA, CALIFORNIA
Prepared for.
PACIAC BAY HOMES
2300 Boswell Road, Suite 209
- Chula Vista, California 91914
Contact: Guy Asaro
(619) 656-4300
P"parui by:
IDJDIII1
&AS SOCIA TE S
A CoUj.n.. CaT~.T..ti."
605 Third Street
Encinitas, California' 92024
Contact: Anita M. Hayworth, Ph.D.
(760) 942.5147
Project No. 1077-03
1.1 February 1.998
~5
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1-
TABLE OF CONTENTS
_. Section ~
- 1.0 INTRODUCTION ........................................................1
2.0 EXISTINGCONDmONS ................................................. 3
3.0 PROJECTD.E5CRIPTIONANDIMPACTS.................................12
4.0 REVEGETATION1'I.AN..................................................17
5.0 PLWTINGD.E5IGN ...................... """"""" .......... .... ... 23
6.0 SOURCES OF PLANT MATERIAI.5 AND LEAD TIME . . . . . . . . . . . . . . . . . . . . . . 29
i.O INSTAllATION.. . . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. .. . .. .. . . . . .. . .. .. 30
-
8.0 IRRIG.~TIONANDWATERSOURCE..................................... 32
9.0 :EROSIONCONTROI.....................................................32
10.0 MAINTENANCE AND MONITORING .................................... 34
11.0 DOCUMENTATION .................................................... 38
12.0 IlTERATURECITED ..................... ............. """""'" ......39
APPENDICES
App::ndix A California Water Quality Control Board Section 401 Certification Application
Añ=dix B California Department of Fish and Game Streambed Altera tion Agreement, Section
1603
.Appendix C U.S. Army Corps of Engmeers "After the Fact" .Permit
.Appendix D Soils Analysis Results
Appendix E Revegetation Construction Drawings, Details and SpecificatiOIlS
. . '1077-Œ
&ASSOCiATES
. ,- '-~N'~ Febnwy 11, 1998 i
~L/
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1
TABLE OF CONTENTS (Continued)
- ~
- UST OFAGURES
Figur~ 1 RegionalMap .......................................................5
Figur~ 2 ViciDÍtyMap .......................................................6
:Figur~ 3 W~tlandDelin~ationforHunt~Parkway -................................7
- Figur~ 4 W~tlandDclin.eationforH-Stred:Extensi.on . -- - -. -....................... 9
Figur~ 5 1'has~lW~t:1andImpacts._........_......--_._.._....._..........._-_.15
Figur~ 6 Conceptual Mitigation 5it~ Plan £or Impacts Resulting from
ConstructionofRunteParkwayand:EastRStr~et........................ 18
Figur~ 7 R..'"V~g~tationSit~GradingPlan......._. ...-......... ....--........ .... 21
Figur~ 8 W~tland Rev~g~tation Plantingl'lan. . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . .. - . . 25
UST OF TABLES
-
TabId Container Stock and S~~d Mix for Riparian R..'"V~g~tation .... - . . . . . . . . . - . . . 26
Tabk2 T r~~ and Shrub Planting D~nsities and Spacing. . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Table 3 RiparianHydrose~dPlantingPalen~ ...................................28
--'
-.
- . . 10ï7-Œ
ASSOCIATES Ü
. ,--. ~~H'- Feb"",,}' 11, 1998 (P.~
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch PhaSe 1.
- 1.0 INTRODUCTION
The Salt Cre~Ranch SectionaIPlarmmgArea (SEA) Plan project includes approximately 1,200 acres
- of land in the southern foothills of San Miguel Mountain, nonh of the East1a1œ Business Park, and
. 1lOTthwest of the Otay Reservoir. The property is located within the City of ChuJa Vista. EL'"Va tions
-. on-the project site range fr=550 feet above mean sea level (AMSl) to over 1,100 feetAMSL The
principal components of the Salt Creek Ranch SEA Plan include 2,662 residential units, 380 acres of
paries/open space, 31 acres of public facilities including two schools, a £Ie station and a co=unity
- multi-purpose facility, and 36 acres of major roads.
&solution No. 16555 (Septcnber25, 1990) of the City Council of the City ofChuJa Vista approved
- andjmposed amendments and conditions of the Salt Creek Ranch SPAPlan- Thisinc1uded the public
facilities FinanángPlan, the WaterConservationPlan, theAirOuality Improv=tP1an, theDesign
Guidelines, -the CEOAFindings, and the MitigationMonitoringProgram. ]t also adopted a Stat=t
of Overriding Considerations and made the necessary General Plan Consistency Findings.
-, The Mitigation Monitoring Program serves the dual purpose clv=ri£ying completion of the mitigation
=sures for the proposed project and generating information on the effectiveness of the mitigation
measures to guide future decisions. The Mitigation Monitoring Program includes a number of
-. mitigation =sures for ilnpacts to biological resources. The first of these is that the project
applicant shall =plywith the measures outlined in the Habitat Enhancement Plan prepared for the
Salt Creek Ranch project during all stages of development.
The Habitat Enhanc=t Plan for Salt Cre~.Ranch (RECON, 1991) was prepared for the purpose
of providing guideJines for the ilnp1ementa tion of the entire Salt Creek Ranch development project.
The Plan contains information as to the physical design of the revegetation sites, design of the
revegetation plant materials and arrangements, and post-insta11ation monitoring and technical
-, assessment. The Plan was developed for the entire project based on the original conceptual grading
design and did not focus on individual phased areas. AI; the different phases of the development
plansfortbe project are prepared, detailed grading plans are developed which provide a more precise
impact analysis and refined mitigation requirements. To correspond with this, detailed habitat
enhancement and revegetation plans will be prepared for each phase of the project.
The following Habitat Enhancement Plan was developed for the mitigation of wetland ilnpacts
resultingfrom-d:J.e construction of Hunte Parkway and theH Street Extension for Phase 1 of the Salt
Creek Ranch project. This plan is provided based on the detailed grading plans developed for the
construction of Hunte Parkway and H Street, for which precise ilnpacts to sensitive biological
resources were funher quantified.
. . lDï7-Œ!
¡HS'DOIAn. 1
"-""-"'- hbruaryll.199B ~/~
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
2.0 EXISTING CONDmONS
(
The Salt Creek Ranch Phase 1 project area is located north and south of .froctor Valley Road between
- EastH StreetaDil Salt Creek (Figur~ 1.andZ), and includes the canstruction of Hunte Parkway offsite
fr= the pr~ line south to Otay lakes Road and H Street west from the property line to the
- current t=IDUS ofH Street. Ekvations onsiterange fr=approximatcly 560 to 720 feet above mean
sea kvel. The site is highly rlisturbed and has been subject to f= cattle grazing and agricultural
activities. It is topographically diverse, with rolling hills, a north-south trending drainage near the
- center, and is adjacent to Salt Creek at its eastern property boundary. Salt Creek Ranch Phase 1
supports three habitat types: disturbed wetland (a mosaic of southern willow scrub, freshwater
marsh, and unv"getated cha=cl), annual (nonnativ,,) grasSland, and disturb"d coastal sage scrub.
-
Wetland Vegetation Communities
--
Salt Cr"ek, a DSGS bluèlin" stream, extends along the east"m edge of the proposed Phase 1
d::vdopment in a north-south clirectioD. The draIDage supports a mosaic of areas dominated by low
-, h<:rbaceous hydrophytic sp"cies, sparse tamarisk scrub (nonnative), eucalyptus woodland
(nonnativ,,), and unv"getated c:hannd The approved d"vdop=Twould occur primarily to the west
of the drainage. However, a small section of propos"d Hunte Parkway and Proctor Valley Road
llnprov=ents would encroach into jurisdictional habitaT in the viciJJity of the Hunte
/' ParlcwaylProctor Vall")' Road inters"ction. This encroachment is describ"d in detail in Section 3.0.
-
It is unknown whether1:he drainage supported riparian habitat historically; CUITenT land-us" (i.".,
cattle grazing) inhibits the devdopment of riparian vegetation. homnorth to south the wetland can
be describ"d as follows (Figure 3):
.Area 1: Th" Erst approximatdy 1,000-foot section extending south of Proctor Valley Road
- supports a broad (50f""t at the north, attenuating to about 20 feet in the south)
-' =adow-like area dominated by low, herbaceous, hydrophytic species, including
- African brass-buttons (Cotula coronopifolia), c=. spuny (Spergula a/'Vensis), and salt
grass (Distichlis spicaza). The habitat is best categorized as freshwater =arm The
-- soils are a .heterogeneous mìx of pebbles and alluvium, with conspicuous .hydric
quality, ie., mottled and with concretions.
Area 2: The next approximatdy 1,500-foot s"ctionis repr"sented by a deep, narrow (5-15 f"et
wide), incised c:hannd thaT meanders through an old grove of eucalyptus trees, This
-portion ofthe drainage supportsJittlehydrophyticvegetatioD. This section is located
south of the freshwater marsh to the prop"rty boundary.
/
b.7 2
Orange County
Riverside County
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~f Vicinity Map 2 .
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- -- - - - - - - - - -
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~ Proposed Gr...., for """.. Portway/ONsite Sewer
VEGETATION TYPES:
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.. T- Scrub
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Salt Creek Rancli. P e 1 . Habrtat cement an or rnpacu to Wetland V'!I"'!lon COll1l11mllt'" .
"'-"---' "-,,---.:-- ..-- Ur:.L "-------' ftu .r",,' .. . - . "1
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Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1
.f.r=a 3: Th=next approYimately 2,OOO-foot s==tionisrepr=s~ted by ¿ma..TTDW (3--15 fe=t wide)
-
channel that lacks vegetation; th.."T= are Dccasicna1 scattered individuals of mule fat
(Baa:haris saliäfolia) and tree-tobacco (JIl ico!Íana giaJJca) tJ:¡rDUghout this portion Df the
drainage. This section is indicated "by a dashed Ene on Figurt 3.
.Ar=a 4: The next approximately 3,OOO-fDDt section supports a sparse, intennittent, tamarisk
- scrub cD=unitywith s~ttered smaIl patc:lles anz]jndividuals Dfmuldat. AlthDUgh
the main drainage is confined tD an area approximately 20 feet .in width, hydñc soils
extend out an additiona110c15 feet on each side of the drainage. It is assumed that
?Dtentially pres~t hydrophytic vegetation has be~ eliminated by cattle grazing.
This section is indicated on Figurt 3 as tamarisk scrub.
I .Area 5: NearitssDuthemterminus (offsite), the drainage bifurcates, enters a cancrete culvert,
i
and passes beneath Otay 1.alœs RDad. One branch suppDns a narrow band Df
_. Íreshwatermarshvegetation,including cattail (Jypha sp.) and bulrush (Särpus sp.),
the Dther branch suppons a smaIl patch Dfwillows. This habitat is best described as
freshwater marsh.
-, The proposed B Street Extension (prDctDr Valley RDad) is located at the eastern t=.inus Df B Street
at the boUIlda..ry Df the City of Chula Vista and the County of San Diego, U.S. Geological Survey
Jamul MoUIltaIDs quadrangle, SectiDn26, T.17S, R.1W. The ==nsionis located both Dffsitewitbin
-, San Miguel Ranch and Dn Salt Creek Ranch. The alignment climbs a moderate rolling hill and
roughly paralleJs a narrow east-west trending drainage that extends along the nDm side Df the
alignment. EL-vation5 Dn the alignment range from apprOxllnately 600 to 720 feet above .mean sea
level
The proposed H Street ExtensiDn alignment area supports primarily coastal sage scrub, with small
areas of disturbed habitat. Just to thenonh of the alignment is an UImaIIledUSGS blueline stream
that probabJy flows tD the Sweetwater River (Figurt4). The wmamedblueline creek extends TOughly
- . east-west along the nonhern edge of the alignment. The creek is represented by a nan-ow (6-fDot
- wide) cobbly streambed that supports mtermittent flows; patches of hydrophytic vegetation are
present along the immediate edges of the drainage, and in some places, completely cover the channel
The small section of channel with.in the project area is dominated by southwestern spinYTUsh (juncus
acutus var. Ieopoldii), a plant species recognized as s~sitive by the California Native Plant Society
(Skinner and l'avlil< 1994). Other hydrophytic species present withm oradja=t to the drainage
include-westem ragweed (Ambrosia psilostachya) and saltgrass (Distichlis spicala). Owing to the
absence of hyàric soils, it was determined that nD ACOE wetlands are present; however, the
streambedrepres~ts other "Waters of the United States" (ie., is within the normal high water .so
- mark). The surrounding habitat is coastal sage scrub, and the federal-listed threatened California ;;;;;;;
gnatcatcher is present.
- ItJ'J'J:I~110ï7.Q3
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1-
T ~ proposed mirigation site for the impacts to wetlands is located within the Salt Creek dramage
no:-..h of Pro= ValL")' RoacL This reach of the drainage suppons little to no wetland vegetarion.
1ñ= area is considered "Wa=s of the U.S." and not jurisdicúonal wetlands. The area supports a
~ broad (apprc»ématcly 30-t0-50 feet.in width) meadow-1ilœarea dominated bynonnativeweed species
with sparsely occun.ing isolated patches of salt grass (Distichlis spiC11.!a). The area bad been grazed
~ "by cattle until very re=tly, thus it shows a rclaúve1y bigh degree of disturbance.
5Dils and Hydrology
-.
Sal: Creek ext=ds roughly north-south along the eastern edge Dr Phase 1 of the project. The soils
within the5a1t Creek dramage are mapped as Diablo clay (Bowman1973). Soils within the dramage
-. (and the surrounding area) of the narrow creeknorth of the H Street Extension are mapped as San
.Miguel :Exchequ~ rocky silt loam. Tbis complex.is comprised of about 50 per=t 5an Miguel silt
loam, 40 perce:nt Exchequ~ silt loam, and 10 per=t roCk outcrops (Bowman 1973).
ACOE jurisdiction for Salt Creek along the length of the proposed Hunte Parkway was calculated
~ based upon the area of wetland habitat and other "Waters of the United States," and .includes 1.39
acres of freshwau:r marsh, 1.07 acres of unvegetated channel, and 1.53 acres of tamarisk scrub, for
a total of 3.99 acres. CDFG jurisdicúon for Salt Creek along the proposed Hunte Parkway was
- c:abrlated based upon the area of streambeds and adjacent riparian vegetation which turned out to
be the same astheACOE area. Thus, the areas of CDFG jurisdiction include all areas identified above
- rortheACOE,ie., 3.99 acres.
ACOE jurisdiction for the H Street Extension was calctÙated based upon the area of "Waters of the
United States' (non-wetland waters) and includes 0.018 acre of creekbecL No ACOE wetland
vegetation is present. CDFG jurisdiction ror the H Street Extension was calculated based upon the
area or streambeds and adjacent "riparian" vegetation, and includes 0.020 acre of creekbed and
adja=t habitat tbatmay be best described as alkali marsh due to the presence of spinyrosh Uuncus
=), although no pick1cweed (Salicomia SFp.) or frankenia (Frankenia salina) is present.
-.
The proposed mitigation site for the wetland ;impacts is within the Salt Creek drainage and thus is
comprised of Diablo clay (DaD) soils with rclaúvely high con=trations of salts. The drainage is
cœnposed of a broad flat area with evidence of erosion and c:baDnelfurmation upstream of the culvert
under Proctor Valley Road. 1t has been reported by the soils engineer for the project that the water
:able at this location is approximately 10 feet below the soil surface. The area to be revegetated is
jmmediately adjacent to and includes portions of disturbed wetland vegetation and "Waters ofthe
U .5." in Salt Creek. To allow for adequate establishment of wetland species, the area will be
excavated down varying from 1-1/2- 5 feet to bring the area closer to the water tabk
. . lD77.œ1
!&ASSOCIATIS
.~_...- FeDnwyll,1998 8
73
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch phasè 1-
ill å~eloping ¡he grading scheme for the mitigation site, DUDEK worked with the civil enginecr
Hunsaker and Associates to may.imize the excavation of the area, while still meeting necessary
engint:ering constraints sucll as minimum positive drainage Bow, culvc:n flow elevations, matching
~ of oåsting graLks around the perimetcr of the site, <md prov.isicns for keying m adja=t side slope
grading. The r=tit bas been a mitigation site which estab1ishes the 1evel of the basin relative to the
groundwatcr 1evel, to allow for planting of wetland vegetation. The basin will pond watcr only m
major Bood events, and :then only for a relatively.shan period of time (a matter of hours).
- :in processing the drainage basin design with the City of ChuJa Vista,Hunsah:r and Associates was
reC?uired to provide a sediment control clean-out basin at the drainage culven inlet location, within
the southwest comer of the basin. This was required to facilitate periodic s"diment clean-out to
avoid clogging of the drainage culven. This area was required to be set up as a separate parcel fr=
the rest of the mitigation area. As a result, the mitigation planting and irrigation areas werepulJed
back and adjusted to acco=odate this sediment clean-out basin. The final revegetation
construction dD=ents .includedinAppendix E ohhis do=t show the modified configuration
of the mitigation area.
Because the r~egetation activities will take place in an existing drainage, with excavation and
regrading Df the channel tD allow fDr better hydrologic flow and groundwater adjacency, the
- probability of successful revegetation is bigh. The adjacent proposed development also will
connibute runo£f water to the revegetation area. The soils, modified creek gradient, and.resultant
hyàrology will be appropriate for the proposed revegetation e£fon. Exclusion of cattle is also
paramount for successful revegetation and long-t= establishment.
3.0 PROJECT DESCRIPTION AND IMPACTS
Project Desaiption
Salt Creek Ranch Ehase 1 is approximately a BOO-acre parcel situated north and south of Proctor
ValJeyRoad (EastH Street), east of San Miguel Road andwes! ofHunteParkway(Figure 1). Pacific
Bay Homes is currently in the process of implementing the approved Salt Creek Ranch project, a
n:sidential development. The project includes the offsite construction of Hunte Parkway, at the east
edge of the property, from Proctor Valley Road to Otay lakes Road. The project site is located in the
co:ntral portion o£the U.S. Geological Survey Jamul Mountains quadrangle, Sections26 and 27, T.17S,
R1W (Figure 2).
.An additional offsite improv=ent for the Salt Creek Ranch Ehase 1 project is the construction of a
portion of. the extension of H Street, located within the adjacent Rancho San Miguel project
boundary. Through an agreement ~ith Rancho San Miguel, Pacific Bay Homes has received
9
7)L
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase :1.
- p<::mission w construct the offsite H Street Ext.."D5ion in ortkr to facilitate access to their project.
Impacts associated with the ex1:f:DsÌon of H Street on the San Miguel Ranch property are addressed
ID the Subsequ=t BR for Rimcho San Miguel, certilied by the City of ChuJa Vista (EIR 95-04).
~
.,
! 1mpacts to Wetlands Due to Phase 1
1 land surface =dification for the proposed development would result in grading :most of the site
J {Figure 5), which would resultID thep=anentloss of wetland habitat under the jurisdiction of the
-; US.Army Corps of .Engineers (ACOE) and the Ca1ifomia Department offish and Game (CDFG) in
two areas of the proposed development. One wetland area is 10::ated within the alignment of Hunte
Parkway, the other.is adjacent to the extension ofE Street.
¡
lmpacts to wetlands would result fr= the construction of Hunte Parlcway. This road parallels Salt
Creek aJongmDSt ofits alignment, but would encroach"into1imited jurisdictional area at its northern
end at the IDt=ection with Proctor Valley Road, where road and drainage mprov=ents will be
required. Figure 3 illustrates the encroachment inw the jurisdictional area of Salt Creek. A total of
~ 0.58 acre of the 3.99 acres of wetland would be impacted by Hunte Parkway. k shown on Figure 5,
the majority of the Salt Creek drainage is proposed to be preserved ID open space as part of the
apPJoved Salt Creek Ranch General Development Plan (GDP).
-;
A limited amount of impacts to wetlands would result n= the construction of the H Street
-. Extension. TIris road roughly parallels an intermittent creek a1rm.gmost of its alignment, but would
! encroach :into limited jurisdictional area near the eastern end.
A wetland delineation of both drainages was prepared for the purpose of determining the boundaries
of U.S. .Army Corps of .Engineers (ACOE) Section 404 jurisdiction and the boundaries of the
California Depa..-rment offish and Game (CDFG) Section 1601-1603 jurisdiction within the study
area. This was also used to determine the acreage of mpacts on these jurisdictions as a :result of the
-j project, required mitigation, and to determine the resultant ¡>=its Dr approvals required. The
wetland delineation exhibits are included as Figures 3 and 4-
] ACOE Impacts
ApPJoximately 0.58 acre of ACOE jurisdictional wetlands would be pe=ently lost by project
implementati= due to the construction of Hunte Parkway. The area is represented primarily by low,
herbaceous, =ergent vegetation identified as freshwater marsh on the delineation map.
Approximately 0.018 acre of ACOE jurisdictional area would be permanently lost by project
mplemeJ;ltati= for the offsite improvement of the H Street Extension. The area is represented by
( the IDtermittent cobbly creekbed.
. . 10ï7-œ
- I&ASSOCIATES
. ,........ '-M'- .Fèn=y 11, 1998 10
7S-
- -
:
~'"
I,
/!lPhase 1
1/
-, II
! I
=,1
-" f----d CDFG WeUands.
Æil@ßß. Offsite Umits 01 Grading
~~~ Proposed Open Space Area
. - .. .... , D1ŒIC....
~
D aD!!"
76 I
"""'" SCU!<CC H=".~ . ,-~,~. D",,~ "" Sco<.,"f~'
. . I AGURE I
Salt Creek Ranch. Phase 1 . Hab"at Enbaocement Plan for Impacts to Wstlsnd Vegetanon ColIIIIIIIIII!iss
nL__- . "'_.1__-' ,____+- 5
-- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
ClJFG Impacts
Approximately 0.58 acre of CDFG jurisdictiowù wet1ands wouJd be permanently lost by project
:- imp1.-ml"ntaticm due to the c:onstructicm ofHuntel'arkway- This area is represented primarily by low
=gent vegetation identified as freshwater marsh on theddmeation map.
-
Approximately 0.020 acre of CDFG jurisdictiowù wet1ands wouJd be permanently lost by project
imp1=entation for the offsite nnprovement of the H Street Ext::nsion. This area is represented by
- the :intermittent creekbed and the adja=t vegetation, domina~ by southwest= sp:iny rush.
Re.,oulatory Requirements
The discharge of dredge or fill material (temporary or permanent) :into areas delineated as 'Waters
-, of the United States" reqlrires authorization from the ACOE pursuant 1:0 Section 404 of the Clean
Wat!::r Act. 'Wa!.aJ; of the U.S.' as defined:in CFR 828.2 .:includes all waters or tributaries to waters,
:including wetlands, streams, dry washes, seasowù dra:in.ages, and other aquatic habitats. Activities
- that:involve regulated discharge of dredge or fillmaterial:include gradmg, placing ofrip rap for erosion
contro~ pouring concrete, laying sod, and stockpiling excavated material Activities that generally
- do not .:involve regulated discharge, if performed m a manner to avoid discharge, .:include driv:ing
pilings and s==thods of vegetation clearing.
T ota! ACOE jurisdiction to be nnpacted, as a result of the consnuction of Hunte l'arkway, is 0.58
acre. The consnuction of the H Street Extension would result :in the impact to 0.018 acre of ACOE
jurisdictional wet1ands. Cooramation with the ACOE has been completed and an "After the Fact"
p=it authorization was granted on September 80, 1997. The p=it is .:included .:in Appendix C.
The mitigation plan will be nnplemented :in accordance with the procedures outlined :in this
- document, as well as the Special Conditions :included:in the ACOE permit :inAppendix C.
The applicant must obtain a Section 401 water quality certification (or waiver) from the California
Regiowù Water Quality Control Board (CRWQCB), and the ACOE should be notifiedm writing for
concurrence that the proposed fillj¡; authorized. An application with CRWQCB has aJready been
submitted and a copy is .:included in Appendix A
CDFG jurisdiction to be nnpacted within the Hunte Parkway area is 0.58 acres. CDFG jurisdiction
to be impacted by the construction of the H Street Extension is 0.020 acre. The CDFG defines a
stream as "a body of water that £lows at least periodically or int=ittently through a bed or channel
having banks and supports fish or other aquatic life. This includes water courses havmg a surface or
subsurface £low that supports riparian vegetation.. A CDFG 1608 agreement will be reqlrired prior
to any alteration of thewet1and within CDFG jurisdiction. .An application for a 1608 agreement can
occur only after an environmentalnnpact report or negative declaration has been certified or under
. . 1D77.œ
I&ASSOCIATIS 12
. '--- ,-,..- Febma,y 11,1998 77
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
a cat~gorical o-.=ption. T~ CDFG g~nerally r~qWres that any impacts to streambeds or adjacent
ripanan habitats be fully mitigated at a ratio of a minimum of 1:1 by area. A streambed alteration
app1ication must be submitted to CDFG. It normally takes 30 days for. the CDFG to process a 1603
application. A CDFG 1603 P=Ît bas already been granted for the project =cia copy is included.in
App=ndix B.
- S.ina: .initial pr9aration of this document, negotiations with the resource agencies has taken place
and all approvili and permits have been issued for the project. This document and the attached final
=struction do=ts are .intended to .impl=t the final conditions .imposed by the applicable
p~ts/agen::i~.
4.0 REVEGETATION PIAN
T~ mitigation for the loss of jurisdictional habitat on Salt Creek Ranch Phase 1 consists of three
c:=ponents: (1) .installation of a drainage culvert/piF, or similar feature to ensure the maintenance
of .intermitt=/seasonal flow through the drainage within the Salt Creek mitigation site; (2)
es--.ablisbment of a separate parcel to facilitate sediment removal/control at the drain inlet; and (3)
revegetation as compensation for the loss of habitat. (Note:After site specific review of the fellSibility
of salvagingJtmCJJS specimens from the impact area, it WIlS agreed by all parties ¡hat this WIlS not practical or
rUtSonable for survival of the transplants. Instead, all-requirements for spiny rush will be made up from
contLlÎnerplatt1.s.) Owing to the moderate quality of the habitatto be.impacted,replacement at a ratio
of2:1 by area has been agreed to by the resource agencies (Appendices B and C). Hence, 1.16 acres
of wetland habi'-.at shall be created/revegetated adjacent to Salt Creek for impacts resulting from the
=struction of Hunte Parkway. For .impacts resulting from the construction of the H Street
.Extension, 0.040 acre of wetland habitat should be created. It is reco=ended that tills mitigation
also take plaœiD. the Salt Creek drainage in the area which has been designated as the mitigation site
for wetland impacts to Salt Creek.in association with the construction of Hunte Parkway. Thus,
mitigation sha1! consist of the revegetation of a total of 1.20 acres of south= willow scrub habitat.
The mitigation also .includ~s the elimination.of cattle grazing within the Salt Creek drainage and
removal of .invasive tamarisk within the reach of Salt Creek located within the Salt Creek Ranch
propoty. Cattk grazing has ken eliminated from the creek as of April 7, 1997. T amariskremoval
will be =ducted =currentlywithmitigation site preparation and installation ofrevegetation plant
materials (see page 1 B for discussion of tamarisk removal).
Site Location
Tne proposed mitigation area is a 1.2-acre linear portion adjacent to the existing channel of Salt
Creek, currently supporting little to no hydrophyticvegetation primarily due to cattle grazing (Figure
6). Thepropos~revegetationareaincludesa section of Salt Creekapproximatcly BOto 120 feet wide
. . 1(Jfi.{;6
I&AssOC¡AnS 13
. '- ~~..,- hi=.uy 11, 1998 73
- - -- - - -' .' ..- - -- .- -- --
f ." I FIGURE I
S.ltCreek~phasel:H~~t~~.~~~~ .rl~t..W~I.ndVeget...~C~lØInle. 6
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
2:ld 1,100 fee: bng, in the portion of the drainage just nonh of aDd ,=ediatdy adjacent to Proctor
V2lL'"}' Road.
-:- T.h£ proposed mitigation .area :is within the proposed Salt Creek Ranch Phase 1 property
(Ncighborhood2) and is owned by the applicant. lbe proposed revegetation area c=ently supports
cattle grazing. The proposed future use of the revegetation area isperma1lentJypreseIVed open space
-. and wilrlIi£e habitat.
- SIte Preparation
Any clearing o£native vegetation within the wetland area that potentially is used as nesting sites for
- resident or migratory native "birds, shall"be conducted during the1lon-"breeding season for "birds: 15
August through 15.February. Owing to the presence of the federal-listed threatened Califomica
gnatcatcher in the vicinity of the proposed H Street Extension, grading of the road must be timed to
avoid the breeàing and llesting season of this species.
The landscape Contractor will be responsible for preparing the site to receive the plant and seed
material Ge=ral excavation of the mitigation site shall be impl=..<>nted per grading plans prepared
by Hunsaker and Associates as part ofNcighborhood2. All non-native/invasive tamarisk trees will
-, be removed within the drainage for the entire length of Salt Creek on Salt Creek Ranch. This
includes areas south of Pro= Valley Road outside of the revegetation area. Discing of compacted
- topsoil to a ln2.XÍmum depth of 18," placement of a silt fence to protect topsoil prior to or
immediately fallowing installation of plant materials, and a weed eradication program mayor may
1lot be required prior to plant and seed installation, depending upon the timing of grading and
revegetation implementation. The need for these treatments shall "be det=ined by the Project
Biologist and Mitigation Monitor in consultation with the landscape Contractor.
_. Grading .and Wetland Hydrology
To provide a more appropriate wetland hydrology and a. greater assurance of success of the
revegetation program, the revegetation site shall be excavated down 1-1/2 - 5 feet as shown on the
grading plan (figure 7) to establish finish grade for the planting area. Eased upon final soil samples
talœn from the mitigation basin anticipated grades, the results indicated high salt levels (Appendix
D). 1n order to alleviate this problem, a decision has been made to over-excavate the mitigation area
in order to remove this saline soil k a result, the area will be over-excavated by 2-3 feet, with
topsoil brought in to reestablish final grades within the basin. Topsoil to be utilized will be removed
from adjacentareaswithinNcighborhood 2-1a, from areas which will be disturbed from the proposed
development. This topsoil was tested and found to be non-saline and of good fertility and
agricultural suitability to support the intended revegetation plantings (see Appendix D for soils
analysis results).
go 15
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- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase :1.
fu ~xcavatiOD Dr the mitigation site will provid~ a d~pth to wat:r table or approximately 5 - 8 feet
bclow the soil surface, which will be adequare to support th= plant sp'"-ci~s proposed for the
r~egetation program. (Note: The e:r;isÛn¡, wl1llT Utbk depth is Approxinuztely 10 feet below the current
~ surfau ÛevAÛon.) MIDcim= -excavation of the planting basin1w; been mcorparared into the grading
design, w:bile still meeting engineering criteria aDD allowing fm min.imum surface flow through the
basin to the dramage culvert which drains under Froctor Valley Road. Mmar fills will be required at
th= far south end of the basin to allow for the prop=r :invert ekvation of the drain line so that it can
daylight adequatcly on the south side of Proctor Vall,..-y Road. The grading has been designed to allow
- for adequate side slope gradients and tie~in to existing creek el~ations upstream. No major ponding
is proposed as part of the grading sch=~ to avoid problems with mosquitos. The gradient through
"the lower basin is, however, virtually £!at so s= .minor ponding is anticipated and this will help
recharge ground water :in the area. Minar. finish grading will be conducted by the landscape
contractor priar to planting to adequately meander dra:inage flow through the basin to support the
. ' :intended planting scheme. Secondary flow channels (approximately 4-ft wide x 6-:in. deep swales)
as shown by the small arrows on the mitigation grading plan will be established to direct flow
through the planting areas and help saturate the soil. After sire preparation is =plete, soil samples
~ will be taken S1ld analyzed for soil fertility and agricultural suitability to det=ine whether soil
=dments are necessary to support the plant growth. Over time, it is expected that additional
nuisance water runoff from st= drains in the adjacent development, which will daylight into the
mitigation basin, will help :increase the overall water table reserves.
Weed Control
~
Non-nativeweed speciesmay:invade thercvegetation site and become a problem before or during the
establishment of native plant associations. Weed control measures shall :include the following: (1)
hand r=oval, (2) cutting or mowing, (3) chemical contro~ S1ld (4) light exclusion, Hand removal
of non-native species/weeds is the most desirable method of control and shall be used around
individual plantings. Weeds such Russian-thistle (Sa/so/a tragus), cocklebur Ç[anthium spp.), and
-' castor-bean (Ricinus communis) should be hand removed before seed-set. Cutting or mowing is the
-, most prac:ticalmethod, but requires that maintenance personnel be able to accurately differentiate
, berween native plantings and non-native weeds. Tbismethodmay bellsed for control of c:heeseweed
,
(fi1a/vaparvifJora), thistles (Circium spp.), and sweet-clover (fi1e1i/otus spp.). :Because these species are
fast growing, it is critical that they are controlled before they shade and out-compete native
plantings. Chemical control shall be used only for hard-to-controlnon-native species/weeds such as
giS1lt reed ÇArundo dona.x) , tamarisk (Tamarix spp.), and pampas grass (Corladeria sellowiana).
Chemical control shall be conducted by a cenmed pest control advisor using materials registered for
use :in wetland situations to avoid adverse impacts to water quality. light exclusion entails
temporatily covering the soil with a material which blocks light to the soil surface. Such coverings
may :include mulch, newspaper, landscape fabric, compost, or straw.
mljlJ:aN 1077-03
I&ASSOCIATES 17
. ,-. ~_....- Febtuaty 11, 1998 Z:L
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase :1.
Arl:htionally, =risk shall be removed throughout the leng--..h of Salt Creek within the Salt Creek
R=ch property boundaries.
..., Soil Fertilization
]
TheIDstallation ofsbrubs and treeswillinclude incorporation of slowrekasefertilizer tablets (20-10-
1 5) into the pbmring back£illmix. The hyð.roseedmixwill also include a (0-45-0) fertilizer with the
hydroseed sluny mix. "The site will not be fertilized with additiDD.al general fertilizers during the
- long- t= maint!:nance period. Additional overall soil amending may be necessary based upon the
final results of soil tests after .finish grades are es-..ablished.
InteIface of Walkway. and Trail Systems
A walkway and trail system is proposed to be located along the west and east sides of the
revegetation area at the top of the fill slopes which border the site. The revegetation/mitigation area
will beprotec:red fr=humanintrusion by a 42-inchhigh three (3) post-and-rail fence system along
- the downhill side of each trail, and by periodic signage designating the area as a mitigation sitelkeep
out. "Reclaimed Water - Do Not Drink" signs will also be -posted along the perimeter of the
mitigation site since reclaimed water is being used in the llrigaticm system.
-
- 5.0 PI.ANTING DESIGN
Plant Mateñals
Amixture ofmrive trees, shrubs and herbaceous plant species will be used in the revegetation effort,
=- and are intended to resemble as closely as possible the typical assemblage of species in naturally
occuning ripaDimhabitat in the general region (Table 1). 1'lantmaterials for the revegetation effort
-. include 1 gallcm container .stock of tree and shrub species, and a seed mix for hydroseeding.
--: Containerphmts and seeds shall have the lowest possible organism contamination. The seed mix
! is recommended to provide a diversity of understory species.
....J
Plant Densities! Ammgement .md Speåes Composition
The£olloWÍD.gIdined plant c=position, numbers of species, and spacing of plants on center (Tables
2and3) will be.implemen.ted within therevegetation area (Figure 8). This is a rdinement of the plant
palettemcludedin the overallHabitat EnhancementPlanfor Salt Creek Ranch, and has been adjusted
- 1:0 meet detailed site conditions and high salt soil conditions. The general intent for the original Salt
Creek Ranch mitigation program has been ø.dhered to. See half-size revegetation construction
drawings, details and specifications (Appendix E) for greater detail
-
10ïï.œ
ò3 18
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- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
TABLE 1. CONTAINER STOCK AND SEED MIX
- FOR RIPARIAN REVEGETATION
_.
-
Container Stoc:k- Trees (1 gal)
Populus fremontii - Fremont cottonwood
Salix lasiolepis - arroyo willow
Salix hindsiana - sandbar willow
- Sambu¡;us me.xicana - Mexican elderberry
Contamer Stoc:k- Shrubs (1 gal)
Bacchilris saliâfolia - mu1efat
Iva hilyesiana - San Diego marsh elder
Juncus acurusvar.lwpoldii - southwestern spiny IUsh
-, Franlunia salina - a1ka1i heath
Pluchea purpurasceus - marsh fleabane
-.
Seed Mix for HvdroseedApplic:ations
Ambrosia psilostachya - western :ragweed
Anemopsis californica -yerba mansa
Artemisia douglasiana - mugwon
Artemisia palmeri - San Diego sagewon
Eleocharis macrostachya - pale spike-rush
lsocoma menziesii - coast goldenbush
~ J uncus ßcutus - southwestern spiny rush'
Leymus lriticoides - creeping wild:rye
-' Pluchea odorata - salt marsh fleaoane
.. In lieu of salvaging exisriD.g]uncus acutus, all of
these will be provided as c:ontainer plants from a
nursery.
U)'J'J:I~ 10ïï-!J5
IUS'OCIATIS 20
._'""-.~ 1'dnu.uyll, 1998 ~6
._-~--
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
TABlE 2. TREE AND SHRUB PLANTING DENSITIES AND SPACING
(For 1.2 Acre Salt Creek Mitigation Site)
-0
-
PDptÚI1S fnImtJDtij- Fmnon! ttlttonwood 1 GaUon 2DI..t 41
Saix IuiøIepis - arrøyø willow 1 Gallon 12 I..t 181
Salirezj¡¡ua (/Unásim¡¡)- sandbar willow 1 Gallon 10 I..! 79
SamDuœs mezÌJ:aœ - M.xican .Id.rb.rry 1 Gallon 15 fo.! 41
SHRUBS:
- Bar:d1atiJ: saliåfdia -mulofat 1 Gallon Grou",~t 6 iIot on conlar 150
Ir11 hByesi¡¡na - San Diogo marsh .hlsr 1 Gallon Group. at 4 iIot øn conlar 250
J= Bt:tJtu.rnr...íoøpøIÆi-~uth- spiny rush' 1 Gallon 8 foot 177
ftanb!nia sa5na - alkali hoath 1 Gallon 51..t 68
-
Nutt: . in lI.u 01 salvaging .xisting J= BaItos. all 01 th... will be prøvidod a. containor plants.
-
lD. addition to tfu: tree and shrub planting palettes as described:in Table 2, a riparian hydroseed mix
will also be applied to provide an understory ofherbaccous vegetation. The hyciroseed mix is shown
:in Tabid.
TABlE 3. Rll'ARIAN HYDROSEED PLANTING PAI.ETTE
~
~
I I
I I
I I
Nutt: An ~~ditiDmiI transitional...d mix will b. utili20d on .Iop. aroa. around th. mitigation sitE. Thi. mix i. includod on th. lull si20
construction docum.nts.
-
5?~ 21
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase:I.
- As-built Conditions
~Eiologist, in coordination vvith the landscape Contractor, sbaJIsubmit areportto the Client and
....., City Vlithin 6 weeks of completion of the mstaDation, desCIiomg :the ßas-built" status of the
. ,
.mitigation proj:n The report shallindude a grading plan mowing contours of the mitigation area
- BDrl the locations of plantings, :irrigation systems, BDrl other installation structures. The" as-built"
plans shall be in substantial compliance with this.Plan and substantial compliance shall be subject
to =CUITenœ of the Mitigation Monitoring Coordinator (MMC).
6.0 SOURCES OF PlANT MATIRIAlS AND lEAD TIME
¡
I
A =tract growing agreement shall be .established by -the applicant with a IDItive plant :nurseI)'
s=œ, approximately six months prior to planting, to provide plant.IDa terials for the proj ect. It is
anticipated that =tracting for the plants will 0= in February or March of1998 with planting in
August or Sept=ber 1998. F~:nurserieshave exp--...rience dealingvvithnativeplants, especially those
- who :non:na1ly grow ornamental species. .An experienced :native plant :nurseI)' such às Tree of Life
Nu:-seI)' in San Juan Capistrano, Mockingbird NurseI)' in Riverside, or an approved equal, should be
- =cted vvith to supply the:necessary container grown plant material A seed supplier specializing
in Dative species, such as S&S Seeds in Carpinteria, or an approved equal, should be contracted with
to supply the specified seed as indicated.
1n lieu of salvaging existingJuncus acutus, they shall all be provided from container plants from a
Dative p1a:nt nurseI)'.
Lead TIme
Impl,.".,...,tation of the revegetation program shall be coordinated between the 1'roject Biologist,
_. Client, the l.andscape Contractor, and the MMc. The contracting nursery BDrl seed suppliers shall
! be given the maximum possili1elead time, (approximately six months), toprepare plant material and
f supply seed for the proj ect in order to assure availability and minimjze cost. The :nursery/suppliers
-'
that provide plant and seed materials should be contracted vvith by February/March 1998 m order
to provide the materials for the revegetation effort by August/September 1998 (six months).
7.0 INSTAllATION
The applic;¡mt (pacific Bay H=s) will be responsible for funding all aspects of the proj ect, including
- plant pro=ement, implementation, long-t=maintenance, long-term monitoring and remedial
actions. The applicant is responsible for hlling a qualified Project Biologist and a qualified
~
'~7 22
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase :1.
- k"'~g~tationJ1-=dscape Contractor. The MMC or d~signee will verify that project implementation
CD:lÍ= to ~ E.nhancement Plan.
-, JL-vegetation:imta11ation and associated labor shall"be provided by a Contractor possessing a valid
.1
landscape C=or'slicense and who employs, for "the purposes oftbis project, and staffwho have
- pr~ous experi:nce with habitat revegetation and who can demonstrate at kast one successful
smñJar revegetation project in southern. California. The Contractor must demonstrate Jœowledge
of teclmiques for growing and transplanting wetJandspecies. Qualifications shall be submitted to
- ~ MMC tov~ compliance with these requirements.
S-àing should be timed to take advantage .of seasonal rain£all patterns. Plant :material shD1.ùd be
, IDstalled "betw= 15 November and 15 April to maximize survivorship. Earlier installation.is
, acc..--ptable as long as "the areas .are irrigated and systems functional priorto-planting. Seeds should
,
b~ applied duIing the winter months (1 October through 1 January) after the.first substantial rains
by hydroseeàing or -suitable hand seeàing methods.
- ks-..aJlation of the plant material at th~ mitigation site shall occur as soon as practicable following
£mal grading of tœ mitigation basin and disturbance of onsite wetlands, m order to minimi7p
t=poralloss ofhabitat.
,
- Preliminary Schedule*
-,
, Task
!
Contact nursery ................................................Februa:ry/March 1998
Site preparation and excavation. . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . August - November 1998
L-rigationinstaTIation ................................ ................. August1998
~ lns-..aJlation of plant material. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . August - September 1998
Seed application - . -- -- . . .. . -- . . - . . . . . . . . .. . . . - . . . . . ... -- .. . . . - September- October 1998
- Stan of 5-yearmaintenance and monitoring period.. . . . - . . - . . . . . . . . ... . . . . .. .. October 1998
- Assessment ofrevegetation won (six months) ........... - . - . . .. . . . . . . . . . . .. -. April1999
R=edial efforts (if required) (end of Year 1) ........ - '" -... ... . - . - . ...... .. October 1999
R=edial efforts (if required) -. - -.. -. .. . . -. .. -. . . . . . . .. - -. . - . . . November-December 1999
R=edial effons [lfrequired) - - - - -...:.. .. ....... .. . ...... -. ... November-December 2000
Remedial efforts (if required) .......................... ...... November-December 2001
Rem~dial effor..s (ifr~quired) ... -. .. -. . .. . .. .... . .. . . ....... .. . November-December 2002
. Schedule is approximate and is dependent upon entitlement process and construction schedule.
-
. . 107ï-œ 11
ASSOCIATES
. ,--, ~.~".."Febnwy 11, 1998 23
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
- B.o IRRIGATION AND WATER SOURCE
Tht: goal of "the revegetation effort js to create a functioning:natmal system capable of maintaining
ëJ .and supporting itsill; D.owever, :nativepJants mayrequiremiga tûmfor esta bIi.s1Jmmt when they "ha ve
been grawn ID nursery contain£rs. lrrigation Shall be used soJe1y for "the purpose of establishing
- vegaatio:n .and sDall be only 1.emporary ID nature duri:ng 1:he five-year maintcna:nce/ esta bIisbment
-period. .AIl overhead spriDkJer system 1lSÍD.g rec:J.mned water, as spø.-cified on the E:nal revegetation
construction documents for 1.he mitigation site (see Appendix E), sDall be inst:alJed 1.0 support the
- container stock and seeding. Container stock Shall be .inigated as necessary to allow for adequate
es-.ablisbment. :Ixrigatïon shall last for a maximum oHour years and shall be gradually reduced over
this period so that the .system can be abandoned for at least one year prior to the end of the five-year
- =cmitoringpe:ñod. At the end of three years, the suitability of the Site 1.oac:œpt 1:he revegetation
sDall b", re-evaluated and, if the hydr01ogy of the revegetation area does not appear capable of
supportingthepJantmaterials, the.inigation will =tinu", and 1:hemoDÌtoringperiod extended, until
such a rime as the area can b", se1f-rcliant on :natmal water r~ources (ie., plant materials have
adapted to)).atmal water sources). The possibility of exploring an alt=ate revegetation site Shall
- also b", considered at this time.
Tht: City of ChuJa Vista reqtÜres that alllandscar..d areas, if llrigated, use reclallned water rather
-, than potable water: The Otay Water District, as of June 1O, 1997, tentatively approved the use of
reclallned water within 1:he wetland mitigation sit",. The County Department of Environmental
Health approved theE:nal c:onstruction drawings onrebruary5, 1998. :Final approval of the clrawings
by Otay Water Districtjs scheduled for th", week offebruary 16,1998.
When later phases of the development result in housing and llrigation on the slopes above the
proposed mitigation site, nuisance water runoff will help suppl=t natural water sources provid",d
- to the wetland area. Currently, it js unknown how :native plant spø.-cies respond to .inigation with
reclaimed water, however, studies have shown that reclaimed water has little effect on the quality
- or survival of 1.urf and no:n-native landscape -plants. Thus, it js urililœly that .inigation of the
-; revegetation materials with reclaimed water will harm the plants.
-
9.0 EROSION CONTROL
Standard erosion control measures will be assured on all clisturb",d slope areas surrounding the
mitigation site. This will include hydroseeding with native plant species within transitional areas.
Interim erosion =trolm",asur",s such as sand bagging, siltation fencing, and desiltation basins, if
n",c:<:ssary, will be implemented as part of the grading plans for Ncighborhood 2.
- -
. . 1077-Œ
- &ASSOCIATIS
. ,.-- -.- FebruaI)' 11,1998 -rr 24
---------
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1
10.0 MAINTENANCE AND MONITORING
-. Maintenance
. The purpose of this section is to provide guidelines for =aintf:Dance of the revegetated habitat.
- v..cause the goal of the revegetation effort is to create a :natural system that is sill-supporting with
little or no :""~;';t~T,"m:e, the primaIy effort ofthemaintcnanceplanis concentrated in the fustfew
s=ons of growth.
A) .Areas of container stock shall be irrigated during the drier times of the year, primarily
-, the summer months, for a maximum of four years. The system shall be abandoned
I for at least one year prior to the end of the five-year monitoring period. The
Contractor shall be responSible for maintenance of the irrigation system.
B) Native understory species will not be cleared in the revegetated areas. If the
accumulation ofplant material reduces channel capacity, a nauow pilot channelmay
- be cleared.
- C) The site shall not be fertilized during the maintenance period. The vegetation shall
Dot be pruned.
- D) Non-native species may invade the revegetation site and become a problem before or
during the establiShment of Dative plant associations. Weedy, invasive, non-native
species, such as tamarisk (Tamarix sp.), pampas grass (Cortad.ria spp.), giant reed
~4rundo donax), castor-bean (Ricín~ communis), and tree tobacco (Nicotiana gIauca),
should be hand removed as soon as they begin to invade and before they become too
large for hand extraction. Weeding events should oc= monthly for the first six
months, quarterly for the next 18 months, and biannually for the remainder of the
-' monitoring period. All weeding should be done by hand and no herbicides used.
Specific species for removal include those listed above. Additional species to be
removed may also be identified by the project biologist.
E) Cattle shall be excluded from the riparian revegetation area.
F) .till areas within the revegetation site have been designed to drain to the drainage
culvert crossing 1lIlder Proctor Valley Road. Drainage flow will be directed through
the revegetation area via secondary flow channe1s as indicated on the grading and
planting p1ans, to 'help support the vegetation. The contractor shall work with the
- biologica1monitor to evaluate flowthroug'h the mitigation site. Minor adjustments
to the flow channels may be required. Maj or retention or ponding of water is only
. . 1077-03
'ASSOCIATIS C/O 25
,,--",.. FebruaJyl1.1998
'- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1
- anticipated ÍI1 major sto= events (i.e., 50-year storms may retaÍD. water for 6 hours
prior to draiD.ing off). Minor pondmg is expected and will be beneficial to the habitat.
limajor pondmg o=s, the pond water will be evaluated for disease vectors such as
~ mosquitos. Ifamosquitopopulationappean;to be establishiD.gwithinponded water,
stoc1ång of mosquito fish may be used as an mterim solution to the problem, If the
..." problem persists, other measures may be necessary as specified by a Pest Control
. i Advisor. All work within the mitigation basin sball be coordinated with the MMc.
, A separately fenced parc:cl has been established for maintenance and sediment clean-
- out of the c:ulvert under Proctor Valley Road. This parc:cl is separate and apart from
the mitigation parcel No maintenance activities are required or will be permitted
within the mitigation parc:cl (see Appendix D).
G) l'nming or clearing of any =tivevegetation will not be allowed within tne
revegetation area. Deadwood and leaf litter of=tivetrees and shrubs shall not be
removed. Downed logs and leaf litter provide valuable microhabitats for
invertebrates, reptiles, small TT'I.mm.l<, and birds. In addition, the decomposition of
~ deadwood and leaf litter is essential for the replenishment of soil nutrients and
minerals. Trash will be removed from the revegetation sites by hand on a regular
basis - no .less than one-month intervals for the first year and quarterly thereafter.
- Trash consists of allman-made materials, equipment, or debris dumped, thrown, or
.!eft within the revegetation area.
Schedule ofMaintenanœ inspections
Maintenance inspections sball be conducted by the project biologist or habitat restoration specialist
weddy for the first four weeks (one month), monthly for the next five months, and quarterly
thereafter for the remainder of the 5-year maintenance and monitoring period. The purposes of the
maintenance inspections are to cfuect and verify adequate completion of any necessary weed and
-- trash r=ovaJ, check on the irrigation system, identify shortcomings.in the revegetation worts, and
~ propose and implement remedial activities to rectify these shortcomings. Allreco=endations will
J be provided by the Biologist /Habitat Restoration Specialist and approved by the applicant and
MMc. The Biologist/Habitat Restoration Specialist will coordinate with the Contractor to ensure
that remedial efforts are impleme:nted. Status reports will be provided to the MMc.
Monitoñng Plan
In addition to the monitoring plan described below, status reports on all permits for the project (e.g.,
- 4(d), 1603, and 401) shall be submitted toACOE The status reports shall be submitted annually to
Ms. J and.edford ÇACOE) and the MMC. The report shall be prepared by the project biologist on
behalf of the applicant and shall.include copies of permits received during the interval or the date of
the anticipated receipt of the permit, as well as the status of each permit.
")lJ'J:lI~4 10ï7.œ
-ASSOCIATES tJ
.-.",~".- Fe!mwy11.1998! 26
Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase :1.
DuldDon of Monitoring Program
- A visual IDs¡r...aion of all plant matem1s will be made by the lanL1scapè contractor in conswtation
with the proj= bicùogistmonthlyfor the Erst three months, post-installation and every 90 days for
the remainder of the Erst year. A:ny losses in excess of 10% forthe Erst yearwill be replaced in-kind
"""7 UIJbs it bas h= determmed by the project biologist that use of another species a.nd/ or stock size
would better adñ...'"Ve the revegetation goals. Thereafter, plantmatem1swill be Checked annually for
theD-'"Xtfoury=sbytheprojec:t biologist as part of the tec:bnir:alasses==t. Replacem=t planting
- will be done =aCh winter as necessary to achieve a survival rate of 80% for years 2 - 5. All
repJa==t planting will be the responsibility of the developer or their landscape contractor. Status
- reports will be provided to the MMC after all inspections. At the conclusion of the third year,
detailed evaluations of the overa1lsuccess of the revegetation programshaIl be completed,including,
if the program d()Þ-SJ:lot appear to be succeeding, consideration of moving the revegetation effort to
an altemate site. l£an alternate site is chosen, a D-"W revegetation plan willneed to be prepared and
approved and D-'W maintenance and monitoring programs will need to be undertaken.
-
Perfonnanœ Standards
-, lli following p=rformance standards shall be achieved at the end of each year following planting;
First Year .Performance Standards:
90% smvival of all transplanted trees (and/or 30% coverage by willows from cuttings)
10% coverage ofherbs
. Second Year PerfoImance Standards:
80% swvivalof all transplanted trees (and/or 40% coverage by willows frOID cuttings)
15% coverage of herbs
Third Year I'erfoImance Standards:
80% survival of all transplanted trees (andl or 50% coverage "bywillows from cuttings)
20% coverage ofberbs
Fourth Year Performance Standards:
80% swvivalofall transplanted trees (and/or 60% coverage by willows from cuttings)
20% coverage of herbs
Gradual withdrawal of supplemental irrigation.
Fifth Year .Performance Standards:
- 80% smvivalof all transplanted trees (and/or 70% coverage by willows from cuttings)
20% coverage of herbs
. . 10ï7-Œ1
IUS50CIATIS 27
. ,- ,-,.,,- Febm;ay 11,1998 .1 ;;2-
~ Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
- Adequ.a~ establishm=nt ofplant materials to allow for abandonment of the irrigation system,
and 1 DO"k reliance ohhe plant ma teriaJs on natural rain£a1J and groundwater supplies by the
- end ofy=5.
Adri...'"Vement of these perf=ance standards shall be det=im:dm cooperation with theMMC and,
if the standards are not met, appropriate remedial measures shall be identified and implemented m
cooperation wtth the MMc. Monitoring shall =tinue 11D.til Fformance standards have been
ac:bi~ed to the satisfaction of the MMc.
Monitoring Methods
~
The revegetation area. will be subject to biologicalmonitoringincluding qualitative and quantitative
data callection "to be per£o=ed by a qualified biologist. The birilogica1 monitor will assess general
characteristics of cover, size of transplanted trees, and use of the revegeta ted area by wildlife species.
Specific data to be collected and analyzed with each monitoring effort include plant "height (random
sample of each planted species), survival of transplanted plants (random sample by species), plant
recrui=ent (g::.leral observations), vegetative cover (based on designated transects), plant density
[cased on desig¡¡.ated transects), and presence of plant pests (general observations). Permanent
-, vegetation sampling stations will be established within the revegetation areas at appropriate
lo::ations. T=ectlines and quadrants encompassing at least 10 percent of the total revegetation
areas will be used to detennine revegetation success. Permanent photo-documentation stations will
- be es-..ablished along each vegetation transect to record the progress oftherevegetation. Photographs
will be taken during the monitoring sessions.
The biologicalmonitor also will determine the need to continue the temporary Înigation through the
fu1Iowingyear, the need for erosion contro~ and the need for remeàial measures not identified by the
~ m.amtenance =tractor. hrigation of the site shall be gradually withdrawn during year four, so that
the pJantings can survive one =er without supplemental watering prior to the end of year 5. If
the plant mate:rialis not adequately established to survive without supplemental irrigation water by
the end of year 5, then the monitoring and maintenance period shall be extended until this goal can
be met.
11.0 DOCUMENTATION
Annual Progress Reports
The Biologist shall prepare and submit annual repons to the MMC, CDFG and ACOE outlining the
results of éachmonitoring survey. At the completion of the revegetation monitoring period, a.final
report will be prepared and submitted. The monitoring repons sba11 describe the current conàition5
. . 1D77-œ
",A"OCIATES 28
'_""'_0- Fcbnwyl1,1996 -9-8
- Habitat Enhancement Plan - Wetland Communities - Salt Creek Ranch Phase 1.
- of the revegetation sites (including results of the monitoring des::ribed above), identify wildlife use
of the sites, identify all shortcomings of the revegetation plan, and reco=d remedial measures
l =ary for the successful =p1etion of the revegetation project.
The reports also will include the following:
-
. a list of =s, titles, and companies of all persons who prepared the content of the
annual report and participated m monitoring activities;
-.
. prints of appropriate monitoring photographs; and
! . maps identifying monitoring areas, transects, planting zones, ete. as appropriate.
!
. estaòlishment of plant materials and Deed for continued irrigation of the site.
12.0 liTERATURE CITED
1 Bowman, R. H. 1973. Soil Survey of San Diego Are.a, California, Part 1. UDited States Departmrot of
Agriculture, Soil Comervation Service and Forest S<:I'Viœ. 104 pp.
-. ked, E. B. 1988. National list of plant species thin occur in wetlands: Califomia (Region 0). U.S. Fish
and Wlidlife Service Biological kport 88 (26.10).
Skinner, M. W. and B. M. Eavlik. 1994. California Native Plant Society's inventory of Rare and
Endangued Vascular Plants of California. Special Publication No.1 (5th Edition), California
- Native Plant Society, Sacramento, California. 338 pp.
_, U.S. Army Corps of Engineers. 1987. Corps of Engineers WetlandsDelineationManua~ Technical Report
¡ Y-87-1, D.S.Army Corps ofEngine= Wate:rwaysExperiment Station, Vicksburg, Mississippi.
- '
-"
--,
-
. . 1077-1)8
I&ASSOCIATES 29
. '"-. '"~~- Fcbroal}' 11, 1998 9L/
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j
January 7, 1997
~
I .
'/
Mr. John Norton, Acring Executive Office
Califorma Regional Water Quality Con1r01 Board
San Diego Region
- 9771 Clai=ont Mesa Blvd., Suite 8
San Diego, CA 92124-1331
-¡ Subj: Application for Water Quality Certification or Waiver for H Street
! ExreDsîon Project, County of San Diego, California
-¡ Dear Mr. Norton:
I
Pacmc Bzy Homes issubmitring 1his application for Water Quality Certification (or
waiver) pursuant to Se.:.'"tÎon 401 of the Federal Clean Water Act. A5 required by the
California Regional Water Quality Board, San Diego Region, 1his application includes
~ the followÏng items: a project description, s1atus of 1l0tification of the U.S. Army Corps
I of Engi.n=, environmental documentation, a description of steps that will be taken to
prevent llnpacts to water quality, and a iiling fee,
-ì Pro' D .. dL .
,; 1ect esCTI,ptJon an ocatlOn
"5ah Creek Ranch is an approved residential development in the east= portion of
tht City of Chula Vista, San Diego County, CalliornÏa. Rancho San Miguel is a
J>rOOO.sed residential development within the County of San Diego, situated
, immediately west of Sah Creek Ranch. The EIR for Rancho San Miguel was
-Japprovedby City CD1mcil on December 17, 1996. .P1lCmc Bay Homes is in the
process of linplementing the approved .salt Creek Ranch development.
1 lmplementation :requires the construction of the extension of H S1reet 1:0 the
project site; the H Street extension extends across the 'South= portion of the
Rancho San Miguel property and is a component of that plan, Through an
agr--ment with Rancho San Miguel, Pacmc Bay Homes has :rectived permission
to construct the oñsite H Street ext..<>nsion, (For a regional and vicinity map,
r plezse see the attached biological resources report.)
US Annv Cocps of Engineers (ACOE) Permit Recuirements
I
I Although linpacts to ACOE juñsdictional wetlands are less :than one acre and
above headwater;;, the pròject would affect .a federal-listed endangered species,
i,e~ the California gDatcatcher (polioptila califomica). David Zoutendyk, the
- local ACOE representative, indicated that the project could move forward under a
nationwide 26 p=it as long as it is in compliance with the 4( d) process.
9í
January 7,1997
- Page 2
,....
Envi~éTImJDo~enmrion
-
Environmental documentation for "the proposed project :ÏDcludes the Subsequent
Environmental Impact Report and Appendices, aDd "the Wetland Delineation
- Report for"the H Street Extension, all of which are attached.
Me2.suTes to Prevent Impacts to Water Ouality
-,
Impacts z.ssociated with "the rlrainage are .anticipated to occur during "the dry
sez.son 10 ensure that siltation and/or erosion are m;n;m;"7..d. The pipe/culvert
benea:th "the proposed wetland £ll will acco=odate future sez.sonaJ flow through
the I:mJÛDder of the drainage. Erosion will be inhibited during road construction
-, by placing rip-rap lining 12" :tb.iék along "the sides of the 2: 1 slopes.
Fi]incrFe--..
Enclosed is a check for $500.00 for "the iiling fee.
-'
Pacific Bay Homes hopes that the California Regional Water Quality Control Board
à= this application for Water Quality Certification (or waiver) to be complete. If you
have any qœstÏons or require further information regaràing the project, plez.se call the
project biologist, Anita M. Hayworth, Ph.D., at (619) 942-5147.
Sincerely,
Paci:fic Bay Homes
'~é~~L)
- on
Division Manager
!Jloah
-
¡1~
..:...
r;¡.~ QU1-..LITY CZ?.:t:.l.'¡' ...D~ON APF.!o:!c:ATIONS
-
Please provide the following information for our records when
submitting your application for ~ater Quality Certification.
-,
1. Notification"Týpe Consultant (contractor,
- consultant, applicant u- "-
2 Applicant Pa...'"Ïfic Bay Homes
- 3 S-¡:reet Adè=ess 2300 Boswell Road., S~ 209
4 City, .state CbuJa VISIa, CA 91914
-, 5 Applicant Contact I.izjacJison (619) 656-4300
(please include a phone numDer)
6 Agent Name Dudek & Associates. Inc..
Address 605 Third S1=t. EncinÏ!2s, CA 92024
- ",
Contact John W. Brown. Ph.D.
Phone Number (619) 942-5]47
-
7 Project Title H 5=. Ext.."IJSion
8 Project Description Tile project invo1=; the constrUction ofH 5=. (Proctor Valley Road)
from m tJrI'Sent =tenninus easrwartl to the Salt Creek RJmch project a=., City of ChuJa VISta.
9 Appllcation type Narionwide26 (Indi viduë.l, Nation Wide
Permit Section Number, or General)
10 Waterway affected unnæned USGS blueline
( naJIíe of bay I stream, r~ver et.c.)
11 Receiving ~ody of water (please check one) wetland,
_riparian, _streambed, ~lake, - ocean Sweetwater Reservoir
12 Cow-:ty San Diego (Së.D Diego, ?iverside, or
Orange.)
13 Acres of Ì1npact (TIermanent or temporary) 0.02 acre
14 US A=.y Corps of Engineers contë.ct David Zoutendyk
15. Fee of $500,00 (is it inc:¡'uded) Yes (~/no)
Please be sure to include a copy of your application to the U.S
Army corps of ::ngineers. (8/15/95)
1q
J ......... Comp2.DY.1nc..
- ~~
:noo Bo.-:l1 Road. Suite 209. Chu¡' Vi.,... Califoni~ 91914. (619) 6$6-4300. Fax (619) 656-4306
5 JUDe 1996
~ Mr. John Nonon, Acting Executive Office
California :Regional Water Quality Comrol Board
7"" San Diego :Region
9771 Clairemrmt Mesa BouJevard, Suite 8
San Diego, California 92124-1331
-
Subject: Applic.ation for Wafer Quali1y CeTÛficaJion or Waiver for the Approved SalJ
-.' Creek Ranch Phase I, Hunte Pllrkwuy Project, City of Chula V.žSta, San .DŽl!go
I County, California.
I
D--..<!I Mr. Norron:
JM DevelopID::nt Company is .submitting this application for Water Quality Certi:ficatiDn (or
'waiver) pursuant to Section 401 of the Federal Clean Water Act. As required by the California
~ Jù:gionaI Water Quality Board, San Diego Jù:gion, this application inc1ude$ the following items:
a project des=ription, S!li1llS of notiDcation of till: U.S. .-'\rmy Corps of Engineers, approved
em'li'onmentaI documentation, 11 description of steps that will be taken to prevent :impacts to
'water quality, and a íiling fee.
., Proiect Descriution and Location
-
SaIt C=k Ranch Phase I is an approximately 300-a..'ïe approved development situated
betw~ Proctor Valley Road and Otay LaICes.Road, west of SaIt Creek, in the eastern
portion of the Ciry of Chula Vist1I, San Diego County, California. The project site is
located ill the central portion of the u.S. ~ologica1 Survey JamuJ Mountains quadrangle,
Secticms 26 and 27, T.17S, RIW. [For a regional and vicinity map, please see the
attached wetland deIim:ation report.]
J
The proposed project IDvolves .the construction of a residential development, including
l the construction of Hunte Parl."W1IY at the east edge of the property, from Proctor Valley
I Road to Otay Lakes Road.. Land sw:face moclification for the proposed development
-'
wouJdresuIt in grading most of the site, which wouJd result in thep=anent loss of 0.58
acres of wetland habitat under the jurisdiction of the u.S. Army Corps of Engineers
(ACOE) and the California Department of Fish and Game (CDFG).
U.S. lI.<'"TIlv Corns of Emcineers Permit Reauirements
-~ Beca= :impacts to ACOE jurisdictional wetlands are Jess ~ one acre, are above
headwaters, and have no affect on federal-listed sp"..cies, notification of the ACOE is not
- requjr-...d.
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-
Approv::d Enviromnental Doc:umentation
Approv::d enviromru:ntal documentation for the proposed project includes the Final
SuppJem..~ Environmental Impact Repon (1992) and reso)utions 15871, 16555, and
~ 16834 Df the City CDuncil of the City of Chu1a Vista COIttaining D1her permit. conditions
(attacb:d). Also -enclosed please find a t:opy of the wetland delineation repon and
revegetttion pJan which are being submitred coDCUIrenIly to the California Department
- of Fish and Game in suppon of a Section 1603 Streambed Alteration Agreement
Mea.stJres to Prevent Impacts to Water Oualitv
-
The City of Chula Vista Resolution No. 16834 stipular::s that retention/detention facilities
must k constructed as approved by the City EngjI=r prior to issuance of grading
-, P=its to reduce the quantity of runoff to 2Il amoUDt equal to or less than present flows
fDr the 100 year frequency stann. In MdÏtion, the resolution stipulates that an erosion
and sedimentation control plan and 1andscapeIirrigation plans as part of the mass grading
must k prepared and approved by the City Engineer and the Director of Planning.
Resolmion N o. 16834 indicates that a comprehensive Best Management Practices (BMPs)
~ study sh;¡]J be provided regarding the of:fsite drainage (Salt Creek) that is satisfactory to
the City Engineer and the City of San Diego Water Utilities Director prior to approval
of any Fmal Map in Neighborhoods 9-13. The resolmion also requITes that all stonn
- drams 1md other drainage facilities be designed to include BMPs to minimi7e non-source
point pollution :in a :manner satisfactory to the City Engineer and the City of San Diego
Water Utilities Director.
-
Filin!! 1==
Enclos::d is a check for $500.00 for the filing fee.
JM DevelopIIlf:IJ1 Company hopes that the Regional Water Quality- Control Board deems this
application for Water Quality Certification (or waiver) to be complete. If you have any
- ' questions or require further mformation regarding the project, please call me at (619) 482-4650
~ or the project biologist, John W. Brown, Ph.D., at (619) 942-5147.
Sin=ely,
Mark G. Mullin
IJM Developmem-Company
- ,
/Ò/
- leVi:':i& :,.:.:lb ~IH ~ ur LM ~ ~ ~t~~ C}!ñ5~'~
-
WATER QUJJ,.:rTY CERTIFICATION APPLICATIONS
Please provide the following information for our records when
submitting your application for Water Quality C~tification.
~
J.. ~otification '!YPe C p I; Cd""'-{- (contractor,
consultant, appl:lcant...)
-
2. .1-.pplicant ,j M. '/)P IIL-fo pfI'\lMÁ- (; ) -r n.r.
3. S~~eet Address Î 7.,00 ßo ~ wc.lt ¡G,....e. )u.-~ ]°'7
I
4. City, Sta::e Ck....r "- \r lS-h>. CA q('lJ+
,
- 5. Applicant Contact MfJ.A k MIoV(l; V'\ [i<>lq) lf~-q.'Ço
(please include a phone number)
6. Agent Name 1>U£vk <if ~C'-¡ ~5, L-.c.
Address bD(" /h-.-).~ &1. E,,-,,¡ ¡;. I-Þ-..> Ck ¿:¡.2Þ2f
, .
- I chh.., UJ. &0""'"
Contact .-
Phone Number ' Lb¡~} ~"b_-n4-7
-,
7. Project Title Sc.1+- ~, fb-Á ~S-£r ~~~ P;> r k......;:...,
~ I
8. Project Description Á~ø...¡~ 'JpD-c..c..-L,.c.. r....,...; ,/2 o...--k ,J(,
JLAJdOf~ '1 ~.;,-..-.'~ ~ ~4.)h-~,
9. Application type ~ ( Individual, Nation Wide
Permit Section Number, General)
lO. Waterway affected S& f- G....ck.
( name of bay, stream, river etc.)
-
],],. ~ece~ving rsy of water (please check one) _wetland,
_r:lpar:lan, _streambed, _lake, - ocean.
],2. County <)'j\.. ~'¿j'" (San Diego, Riverside, or
Orange. )
l3. Acres of impact ~~ ~emporary)D. çß
l4. us ArI,ny corps oÍ EngiDeers contact \tLo> L~Þ-CA-~- þE, T~ D¡c.-tL
, e (;1 -
],5. Fee of $500.00 (is it inclUded)~~ (yes/no) 1
Please be s~e to incl~de a copy of your application to the U_S.
Army corps 0:: Engineers. (B/:l5/~5)
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- Ð~~ænwœ~
SfP:5 a 199~ ~1'
c:AL:Œ'D= DEP= OF FISH lùID G1.K&
- 330 Go~d=. Sn,,::Oé, Suite 50 8y=
I..:>1:g 3êa:::h, C2l.i.fo=ia ~(¡B02 .. ,,- --._- ~ ""
~or;&-ca~on ~0.5-235-9b
-, :Page ~ of 2-
~=~ ==G P=PD= ~ em = ~œr
- = ~, ~ered into between the State of Ca2:i:fo=ia., I>epar=en-=- of Fish
aDd GæDe. ~ereS..naf~er ca.D.~ the I>epar=!:, and ---k MuJ.1.in of J.M. I>eve1.on=t
Co., 230 Boswe12 Road. sté. 209, Ch:ula 'lTis<-...a. CA 9~24" (6'29) 4B2-46'50, (6'B') 942-
5247 , St:a-=e o'f: califo=ia , hereiDaf~er calJ.ed !:be Opera'!:.or, is as :follows:
~ ¡,;_'~,,".s,p== to Sect:ion 26'03 of CaJ.i:fo=:i.a Fish and Game Code, "-he Ope.."ër1:o::-,
on ~ :!.:!.-=h èzy of .JunE>. 2996, no::i.fied ~e I>épa..--=en'!:. tl1a,1: th<.y intend to
.,,"" '¿;"ve::-- = -::ò=--'~~---" .c, =- -", -~--------e--""'~ u c:ha=~ or bank oi' or
- use ~terlaJ. ~-the str;;;b;dC;) of:' t:b; fuñ~wll>g omt~(s): sait Creek. "
. ~ibn-.:.a..-v ~o 'ti>e- o-'.::av ~ver , San Diego Col.':m:y, CaJ.:i.:f=:ï.a, Sec::t:ion 26' and 33
'ToWJ:>Sh:Ï? .....12L 12nge :!.W-
w,=-u~, tb.e I>epartment has determined that such O?"'~......tions :maysubstantia1J.y
adve=sely a.f:f= ex:i.s1:..i.:Dg :f:ish and ...~laJ.:.!e :resources including: ca~i:fornia
cmatc:at:::h=. oth:r sonabL..-ës. =tors. and all aau.a.t:ic resource.s and....~ldli£e :i.n 'ti>e-
area.
- ,--~~, ~ ~ hereby proposes measures::o 1"::-ot:e= =ish and wildlife
=eso=="s du..---:UJ;' the Operator's work. Thé Op=ator :b=eby agrees to accept: the
:Eollo;c:'.::,g meas==¡conditionsas par!: of the p::-oposeè. wo::ok.
, U ~ Oþera=' s work c::hangéS from ~ s-...a'!:.ed in ~ :n.o~:Eicat:ion specified
above, this Ãg:r=--=t is no ~CDger -valid and a new ;no-;r; cation shall be suJ:>mi.1::ted
1:0 !:be I>e1"arr.m=: of Fish and Game. Failure to complyoc:i.th the provisions of this
Agre=.t and with other :p-_--tinent: code sec:"'...:Lon.s, ;-n~'-nñ-;-ng- but: not :Limi:t:ed = Fish
.and Game Code Sé..---t:l.ons 56'50, 5652, 5937, and 5948, may re.sul.t :in prosecution.
Not:b:UIg :in 1:bi.s Ag:réement: aut:horize:s the Operator to trespass CD any land. or
prope..."'ty, DO::- àD---..s it relie:ve the Operate::- of responsibility for comp:Liance ...-ith
-.'1- a1"pl:i.c:able :fede---al, s!:ate, or :Local la,",s 0::- O::-diDanCéS. A consummated -Agree=nt
, doe:s ;not consti=e Department of Fish and Game endo::-sèIDeD.t of the proposed
, o:;>e::-ation, 00:: ==e -::.he Depa.:::tmen:' s con"',,--:::ence ",'itb. permits requir"d from other
age:n=iéS .
Tb:is 1>..c!'reement...be"""",,=s e:f:f",ctiv.e tm=, date of Department:' s si==e and 1:erm:i.nat:es
A= 32. 199B :Eor ="ie= const:ru=ion ODlv. . This A=-eement 5baJ.~ :remain in ---
effect: for that time necessarY to satisfy the terms/conditions of this Aareement.
]
(Of
page ~ of ~
S~ ~.L=]..:I:!ON CONDITIONS FOR NOTIFID.TIDN N!JMBE2: 5-235-96
- L '!'he :::::.lJ.owinS ?revisions constitute tlle l:i11:it of a.c--i-rities as-----d 'to and resolved by
ilii..s As=~t. ~e sig:c.i;cg of t.b:i.s Agreement does ZlCt i=>?2y """"t tiæ Op-...rator is
pr,;,clude= ==m do~ other aCt.ivities at. the sitE:. Iiowe-.re:-, acti~::iE:S DO'::. ~cific:a11y
"'grëed to. and :esolved by t.b:i.s Agreement shall Y:. subje= to zepa:=a::" notifica.::iO::l
- pu.:=:: = Fish =ð. Game COde S"ctions ~60D e:: seq.
2. The ~--=tor p=opDses to 2J.t.er the str=ambE:d. t.o c=-~-u:;t Bunt" Þa::>:kway, ÍIIIp",ct:iDg
0.58 .a=e of s=eam. This is for S2J.t C:eek 1œncil Phase ::1:, an appr~te 300-a=e .site
~: ~1:h p=oposed res:i.dend.a.J. developme:nt and road coIlS=c:::i=. "The p::-oject :is located
; .bëtween P=oCt.or Valley :Road and Ot:.ay Lakes :Roa.d :in 1:he east.ern port:icn of the City of
. Chcla vis-'-"-.
':' 3.. Tbe agr"ed wo:dc: :includes activiti= associat.ed 1cith No.2 above. 'rhe project area .is
loca.ted:in SáJ:t c:...a:, t::cibu=ry = the otay hver :in San D.iego County. Specific work .
areas and mitigation m=asures are dëscr.ibed an/:in the plA= and documents submit.teè. :!:>y 1:he
Operat.or. :includiDg "Wetland De1.meat.ion ReDort for SaJ.t C=eek Ranch Phase ::I: BUDte Parkwa..r
- Citv of ~a Vista San Die"o Countv. c:a1ifo=ia". inclu::i= A:poendi.x A "Conce::>tuaJ.
wet.lanà Y'ticatio~ =à Mc!"..itorin" PlaIl for SaIL Creek Ranch Pœse T Eunt.e ParlNa.". Cit.v of
Chula vis-..a San Dieco COUDtv. Califo=ia". .bpth'pre'p~ed.by Dudek: .. p..ssocia'teG. Inc. and
dat.ed.May ~, :1396, and sbal1 be i1çlemented as p=posed =.:Less directed differe:o:tJ.y.by
'I this: .ag'"-eemaDt.
I
, 4. 'Xo<:aJ.s-..:ream =..... on-site is 3.;19 a=es: ~.39a=es =:es11w:a"-= marsh; ~.D7 a.=es
=veget~d c:ba=<=J.: and '~.53 a=es of tamarisk se-.""UJ:>. The Operat= s::Da.J.J. .not i1l¡Pact more
-. than .0.58 a=e of ~...ream, 2J.J. :fres:hw:at.er =sh. J>.J.1 .i=----u= are peIDJaIleD.t. The O:>e-......~=
shalJ. :!:",,~ 3.4l. a=es of streàm on-site. - -
5. The Dp--~--at= ",....11 mi,::igate with the en1:Iancement. of -::he ~.53 a== <:U..-rent.ly infested
- with t.=..-:iak s=!> an-site. 'Xb.:i.s i.ncludea tiæ eraàic:at.ion of 'the tama---:isk and t.be
reves-eta~= with ==ive species, as d=cril>ed i=>. ,::he sub:ittéd doc:o;me:c.t.s.
J>.ll miti",-a'::.ion shall be ins'-...alJ.ed ~thin -Æ.Q... days of projëct impa= 2nd no J.ater than
- Oct.ober 3~ , 1998.
~. Cattle shall :bè excluded from the entiIe 3.4~ a=e S--_-eam site .bY permanent r=.-al
from t.be =Eoa.
- 7. The O;><-_......~or s2l1 not. remova vegetation wit.1Un 1:ha S-..ream from Ma:t'ch 15 to July 15 to
: avoid impëo-ts to =s:ti:ag' biIds:.
B. No eq¡:::.pm=t sb2:ll Y:. op=ated :in pondeà or £l.o..-:íDg areas.
" Installation of :!:>ridges, c:ulv~s, or otll= S1:-'"Uc'::=as <:hall b" such tha~ water flow
is D.Ot i=>?2ired. ?o::= of ~emporari' _c:ulver~s shaJ.J. be placed at s:::ea.1I1 channel g'"-aà=;
ho'::~oms 0: ?è-'"l1IaD.= culverts shall be pl.ai::ed at or belo,", =eam c::ha:on<=J. grade.
10. Pre=-..--ation £J:a.1l be made so that runoff ::rom st./:ep, erodible =="-aces will be
. àiv"~~~e--=-wi~'~",=1e-e..--os"-= ;¡>Ot.e::.:i,¿. E<;e,;~uent water cbec:k.. ..boll ~----
~ plAced on dir-.. roads, ca.t tracks, - or other 'WOrk trails to =tròl erosion.
'I n. Water contai.DDg mud, sil~ or other pollu1:.an~s from aggregate washi.ng or où>e=
¡ activitiéS shall .no':: be alJ.owed to enter .a 1ake or fJ.o~ s=eam = 1>1aced :in locations:
~ that may Y:. subjeC:--...ed to high s== t:J.ows.
12. St=es and associa't-ed materials no~ designed to withstand hig.!:> seasonal flows
shall .be removed to aXéas: above the .bigh ,.-at= mark before such. flows occur.
~3. The ?è---im<ot.er of the work site shall Y:. ad"quately ïJ..a.gg<od ';:0 prevent damas-e to
adjacenL =-?=ian babi"at.
:i4. Stagi::>g/storag= ==as j'or equi.pment ana materials ~l be located outside of the
s=eam.
: ~5. Tbe ~...rator ~""~ll comply..-ith all. l.it.~er and pollu"ian laws. ;;.11 contractors,'
, <¡;u:!:>contrac::o..-.- and <=;>loyees shall liso obey these laws and it. £hall be tiæ xespons:i.bili-cy
f 'the or_--ator to =e compliance. .
. 16. If "- s=eam' 5 low flow c:h.B=l, bed or banJr-s/:Lake :bêd or banks bave been 2J.~ered,
. th"se shall :be retu--ned as nearly as: po£sible to their oriSi.nal configuration and widt.!:>,
- withou-c =eati.ng f=e e..>-osion p:oolems.
/cJç
Page -2- cf -L
STREAH3;;:D ~.L'IZi<ATIO'-, CONDITION.S PD'2 NDnFIO2'IOY~: 5-235-96
-
~7. J:-l:!. þ2antiDg c>-~" have a 1I:inimum of BO~ £-=vivcù. ~ :::irs~ yez::- and ~00'" s,,-':"VivaJ.
=bereaf~= =d/or ~21 attab:l 75~ co'l."er af::er :;; years ==. 90'1; cover af~er 5 yea=s for the
life of ~ þrojec::. If the £-..:....--vivaJ. .......,d CO7= requir=::s bave =-::: be= met, the
- Opera::or i.5 respo=i.:>le for reþlac==t pl=~g ::0 acb.ie7e =bese reoquio::-eme::t"-".
Reoþlacem=-:: plants s:!:æ.ll be m=itored with ~ same su......-:i:v-d and gro\..--:;b requ.ir.""..~~s f.
years ai't= pJ.an~5.
~:La. All .pl.an:::i.Dg ~ .be d.one between OC--...abe:r :L and ~riJ. 30 tD taJ-.... advantage of the
::""i:ater raiDy .sea.s=. Dr shall be i.=iga:teod = ensure su..~vcù.-
:1.9. An =1 report Eha:!.J. be submitted to =be :I>epartm=t :by Ja:a. :!. Df each ye= for ;;
- years aÏ--= pJ.ant~. This repo= Eha:!.J. i:acJ.uœ the su.........-'-=:!.. It CDV"",," , anà height of both
=ee and sh.......m .spëåes- :the number:by .spec:i.es of plants rep:!.aced, an overview of the
revegetati= e£fort, and the =thod used to ass"'ss these pa......meters .shall aJ.so be
i:acluded. ~hotos L...."." desigDated photo stati.= shaJ.l be :included. .
- 20. Accf:Ss"tOo the "'orksi"tOe shF:lJ. be via Ø:Y..is~g roads an:i access =mps to the grea.tez-::
==t po,"si.:>l",.
'2L Spoil rites shaJ.1:Ï!ot be lòc.aÙd' ~-;:h:;n..ãStream/iãkê., ~üe Spoil shan l>e washed
"",back into a streanV'-ake. or where it. od.:n cover aquatic 0:::: ripar.ia:a vegetation.
22. Raw cem=tj c=ete 0:::: wasJ:ciDg," tilereof, asphal:t, ~t Dr oth= =a~g materi..aJ.,
oil or 0::1>= petrolam products, or any Dther subs"-...a.nces \..'!::ich cDuJ.d be hazardous .to
. aquatic life, resul~g:from p=jec:t roeJ.ated ac---ivities, s:baJ.l be prev-...nted. from
c=taIIt.i=-::iDg th", soil =ii/or e::lte..--ing the wat"-.-.: of the "'-..ate. Th=e materiaJ.s,. pJ.acéd
.,...i-::hin 0::: wb£xoe t:.he".? may ent:.er a stream/lake, by Operato::: or any pa..-cy work:iD.g =de:::-
contract. 0:::: w:itil ~ p--Xmission of =b" Operate::::, shall be removéò immedi.ate~y.
-,
.23. No ò.¿,:d.s, so~, s~t:., sa:að., bark, sJ.ash, sawdust, rab::>ish, ce~t:. or conc:::ete or
.washings tb.ereof. o~ or petroleum p::::oduc= 0:::- othe:::- org=ic or e.a...~ mateor.ia.1 :from any
CODStruc<-..iŒl, or a.sscc.iated a.crivity of whatev= Da.¡:=e ~J. :be allowed = en¡;:e:::- :into or
-,placed where i¡;: may be, washed :by ra:Ul:fa1.l 0:::- =off into, ,-...ters of t:h=.. State. When
:oP"'=ti= ;¡roe compJ.et:.ed, =y excess mat",rials 0::: d'¿'ris sball be re=ved from the wor):
area. No rubbish ~ l>e deposited witilin ~50 feet Df ~ high "'-at= mark of =y .5=e,,-...
or lake.
24. No eq-..:.ipmènt =il1teIlaDce sbaiJ. be done ...-i::hin or 11= =y stream chaDn",J. where
'pe"-roleum products or other poUutants from th= e.qu.ipmen-:: may enter tbese. areas under any
flow..
25. Theo ap.>-....rato::: ~ll pro-v:i.de a copy of th:i<; ñgreement =0 aJ.l co"'=actors,
.subcD"'tractors, and ~ Operator's project ""'P'"_-visors. Copies of t;;:,e Agre<oment s~ be
readi~y avrilable at work sites at aJ.l !::Unes àn..--:i.>g pe--ioàs of active work and must be
presen~ed to a.:ny ~..-t;ment pers=eJ.. or pers=J. from =o=ber agency upon õema.....,d.
26. -:r.b=.Dë"'a...~t...,z-~:::ves...thoo !ricb.t to--e:¡¡ter.'!:h<; "t>rc~ ~t.e..=-. aDV- time .to ensure
compliance rlth t=/conditi=.s Df- this Agreement. - ~ . - ." -". - ---:---
27. '!'he Department reserves the :::-ight to suspend =ii/or revoke this Agreement if the
De:pa:rt1n= det:.=i:n=that theo cir==ces warra:nt. The circumstances that couJ.d
-'requ.ire a reoeva1uat:ï.on include, but are :not l:Uri¡:ed to, !:!l" £DJ.J-OWÌD$":
a. =ure t:.o comply .."ith the ¡:e.o:ms/condi:tions of th:i.s Agreentent.
b. The informacion providi<d :by the Operator :in suppo...'""t of tile Notification is
èeterm:i:ned by the Depa...""tment to be incompJ.ete. or :LDac=ateo.
c. '""e...., new i:io::ormation becomes a-.-ailabJ-oe -::0 the Dep=ment repr=entative(s) tha¡;:
was not known \..'b= prepariDg =b", origi.na1 te..-ms/conditioDS of this -'>greememt.
d. ':L.n: projec:: <":5 deoscri.b..d in !:hi: Noti£ication/Agreo""",..nt:. .has cbanged, Dr
condit:.ions aff"c---i.Dg £ish and wiJ.d1ife reso=c",s change.
CON ~CE
(Ope ",) c:ab.fo=ia :I>ept. of Fish a:ad Ga."1\e
£/-b-'7. Á ~ ~ q 2fd'1b
( (date) . {:3Ïgnatur",} . ldat",)
Project Manager Environm-..nt:.al Specialist III
(title) {-o.it.1e}
. lOb
STATE OF C.A...l.lFOP~~...-{ - THE RESOURCES AGENCY -r;ETE v,.'I1SON, Governor
'- DEPARTMENT OF ASH AND GAME
Region 5 .'
P.O. Box£57 '
- Laguna Nigue'..CaIifomia 92507-6557 .
(714) 363-7538
- Mark Mumn
J.M. Development Co.
230 Boswell Road, Sre.209
- Chula Vista, CA 91914 <'?-è-,
- L~
clo Anna Hayworth k, .t v
- Dudek & Associates ~j"if: e' Æ:: b
605 Third Síreet CÜD;.-"- Z9S7
Encinîtas, CA 92024 ,., .:; ~ .
~- .. . - . - ~.;u,-:
March 4,1997
Dear Mr. Mullin:
-, We have reviewed your request to amend and extend our Streambed Alteration Agreement, 5-235-96,
. to alterth:: streambed to construct Hunte Parkway, impacting 0.58 acre of stream, within or adjacent to
Salt Creek. tributarv1o the Otav River in San Dieoo County. This is for Salt Creek Ranch Phase I, an
., approximate 300-a=-. site with proposed residential development and road construction. The project
! is located between Proctor Valley Road and Otay Lakes Road in me eastern portion of the City of
Chula Vista.
Pursuant to Fish and Game Code Section 1600 et seq. this letter, when Counrersigned by you, amends
our agreemsnt as folICMtS:
3. The agreed work includ~ acliviíi~ associated with No.2 above. The project area is located
in Salt Creek, tributaIy 10 the Otay River in San Diego County. Specific work areas and mitigation
- measures are descrfued onfln the plans and documents submitted by the Operator, including
"Wetland Delineafion ReDort.for S:i!1t Creek R21¥'-h. Phzse +f-'.t:me Parkway Chv of Chuia V!SÏa San
Dieao County. Califomia". includina APpendix A "Conceptual Wetland Mitiaation and Monitorino Plan
for Salt Creek Ranch Phase I Hunte Parkwav City of ChuJaVista San Dieoo County. California". dated
~ May 1. 1996 and "Revised ConceDtual Wetland Mitiaafion and Monitorino Plan for Salt Creek Ranch
Phase I Hunte Parkway City ofChula VIsta San Dieoo County. California". dated December 18.1996,
all prepared by Dudek &A.ssociates, Inc., and shall be implemented as proposed unless directed
differently by this agreement
,
Page 1 of2
107
~----_. ." .. ... .......--
4. Total stream area Ofb'rte and immediately offsite is 3.99 acreS: 1.35 acres freshwater marsh
- and 0.34 acre unvegefated channel onsite; and 0.73 acre unvegetated channel, 1.53 acres of tamarisk
scrub and D.D4 acre freshwater marsh immediately offsite. The Operator shall not impact more than
0.58 acre af stream onsite, all freshwater marsh, and 0.02 acre aU...a1i marsh forthe H Street extension.
- All impacts are permaf¥>-nt All remaining stream and habitat shall be retained.
5. The Operator shallmiügate with the creation of1.2 acres of south em willow scrub onsite a.,
-.the removal of tamarisk onsite, .as described in the submitted documents.
All mitigation shall be installed within.QQ. days of project impact and no later than October 31 , 1998.
~
6. Cattle shall be excluded irom the entire 2.31 acre-stream site (12 acres creation and 1.11
acres -existing stream TetaÏned) by permanent removal from the area. ' '
-
This letter also, extends the period during which actMties otherwise authorized by the agreement may
- continue.- Tne newiêiminatìon dcitë'õrffie agreement iŠAijëiušf31.1999.
Be advised that all terms of Agreement 5-235-96 remain in force throughout the new term of the
- agreement A copy of said agr:eememt AND THIS AMENDMENT AND EXTENSION LETTER must be
kept on site and be shown upon request1:o Department personnel during all peñods of work.
- Two copies of this letter are being sent to you. PLEASE RETURN ONE SIGNED ORIGINAL to the
Department ofFISh and Game, at 330 Golden Shore, Suite 50, Long Beach, CA 90802.
-'. If you have further questions, please contact me at (714) 363-7538.
-'
- Sincerely,
...¿{ ~ ~
Terri Dickerson
- Environmental Specialist III
:
- -' .. - - -,
DATE: 2 - I ;)-q7
~ Earww,. tDrparlll Office: 619.~2~147
.-. ,
'I &mn.1Df Srï.- atI 6D!i1hin! Stroll FaxSI9.Þ32.0184
I -- »rrI- En:inims, earri.mi. =~
- 26 March 1997 1077-03
:Ms. T=:ri D~
~ c.lifm-rñ, Dcpamœm of Fish 2Dd Game
'~ P.O. BDX66S7
1.agtma NIgU:1. CA 92607-6657
,~
Re: Mitigøtiøn SJu JOT StIll O'uk 1ùzøcI¡ - ~ 5-235-96
- Dear Ms. Dic:C:rsan:
1ìmwmtto DDr æ1epbone COIJVCtSIIim¡ yesterday. I III1 providing you with the io11Dw.iDg information
-, :far The Salt Creek :RaDcb Stn:ambed A1reraticm Agræm:m 5-235-96. ""I'h=:Reviseð Conceptual
w ~ MitipIian and Monitoring .Plan proposed me location for the J'eVCgcœicm 15 being south of
1'roctor VJIlli:y Xoad adjllCClll to the ~ StICII:I1 åwmc1. w~ received ÏnfoImæion yesterday from
'1iI= ary of CImJa Vim that 'the ara was DOt Ea:ptabic for 'a ~on prog¡æn due to the
proxími!y to a propos:dpark facility -and the deaign for the 1audscape of the ~ Thus, we need to
rcvúc The locmion of the rev=gc:IatÍon c::!Ion.to mitiga%e for the impaas to the f'rcshwa1cr marxh
- wcùand Bdja¡:::m "to m:! south of Proctor Valli;y Road.
Tœ 11-- mitigaIion site j¡ propœc:d to be =rth of PIoc:tor Va11:y Road, approximaIcJy 400 feet from
the prcvÏow; 5Ît:. The site will be loared wiIlún !he Salt Creek dtaimgc, 2S b::furc, and will be
-, composed of the BaIæ .revegd3IÏDn 1DaU:riIls m:! merhods. In addiIion., 1he:tamarisk TCIXIOVal
r' program 3Dd cattk =Iusion will be conducted for the c.tIÛ1'e reach of Salt Creek witIrin the Salt
Cnd: 1tmch -propeny- 1ncludc:d wiIh tìJi¡ lc:aer 2le the revised pages from the Conœptua1 Wetland
Mmgation and Monitoring:Plan (DUDEK. Dece:mbcr 18, 1996) and the:revised ~h:ibit which shows
the JlI'DPosed mitigation site. Minor adjU&ttt1emS may be iequired in 1he ovcranWpc ofthc
conceptwù 1Ditigañon =. to confonn to topogIaphic ~on within the area.
We would 1IppI'Ccia1c the indication of your com:um:nce with this modification by signing below and
=ing a copy of this letter to me. The appJicam., Pacific Bay Bomcs, will not be allowed ,to pull
,- gradingpcmtits for the project 1JIJti) the City of Chu1a VJSt11 rec:c.iv:s Dotifica!ion that you concur with
this dmnge.
'l'h2nk you for your ,assisumce with Ibis; If you lIavc any .questions on this matter please contact me
or Juœ Collins JÌ1 (619)942-5147.
--
V try nuJy ytIIm,
DUDEK & ASSOCIATES, INC. -
(l,...z1D- Ì'U.. ~rt..- j~ ~ l{ I ~Jq-=f
Anita M. 1ìayworth, P.h Tcni Dick=on
- Ecologist/Senior Project Manager Enviromncntal Specialist m
r California D:panm=nt of FtSb and Game
cc: Guy .&am, h:ific Bay HDmCIi
Marilyn Poœcggi, City of Cim1a VISta.
June Collins. Dudek & .AßOC.
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.. DEPARTIJIENT OF THE ARMY
.~ Lœ ANGEL.S DISTRICl'. CORPS OF ENGIIIE;RS
~ -~y~ SAN DIEGO FIELD OITICE
1D845I1AHCHO B5IHARDo RD, SUITEZlD
SAN DIEGO, CAlIFORNIA 92127
September 30, 1997
- ~c#;
Offiœ of the Cüef
Regula1my Brand1
AFTER THE FA cr
DEPARTMENT OF THE ÄRMY NATIOÑ-wIDE 1'ERMIT AUTHO:RIZA.TION
l'aciñc Bay Homes
2300 Boswell Ed.
Ste. 209
Attn: Mr. Guy Asaro
Chula VlSta,. CaJ:ifumia 91914
Dear Mr- _A.sëre:
This is Ïn reply to yom- letter (No. 97-2D179-ATI) dated July 31, 1997, co=üng our
pe=it authority =der Sedíon 4D4 of me Oem WatEx Act of 1972 (33 U S.C 134:f) fur the
=au!ÌlcI:ÏZed woz:k you prefoImed to 'bt:tild a ~ -residential development wÏtÌl
associated mirastructme. The project includes the =s:ruct:ion OÍ Hunte l'arl:way wñich will
af£ect 0.58 acre of £reshwatEx m=h in Salt Creø..k and the Ezst H St:œt extension which v..ill
affect 01J2 acre of...-afeIs of £he US. in an 1:I:I1II.8Ined tribataIy to SweetwatEx Reservoir. The
project is located in the City ofOm1a VlSta, San Diego County, Gilifurnia (seø- atta.ched).
The Co.tps 0Í.Engîne= has àeæmrined that your proposed activity complli!s WÏth the
te:m.s and conditio:ns OÍ nafionwide P=Jit NW26A {Federal Regisœr, Dec.13, LO%, pp.65874-
65922] far àisdtarges of dredged or m1 material into Ì1eadwate!s and isolated wate:s for a
singIe and c:ampIete project whiàL causes a loss of 1/3 acre or less of waters of the. United
States and does:not cause file loss of'WGters of the United States for a distanœ greater 1han
500 linear iæt of the stream bed.Porthe purposes of1:his NWP, the acr~~ 0Í1oss of waters
- of £he UDiteà States mdudes the ñIIed area plus v..-aters of the UIIited States that are
adv=ely a:ffectéd by floodÏng. e=:vation or ~~ as a restùt of the project. The 1/3 acre
limit OÍ NWP 26A is absolute, and c:a:rmot be increased by any mm.,aation plaIÍ o£feœd by the
applic:am or reqaired by the District Engineer.
.A.s long as you comply wi1Ìl the a:t::a.è.'æd nationwide permit terms and =àitiODS, an
Ïndiviànal permit is not required. Tnis letter of verification is valid for a period not ro
exceed two yens -=less the nationwide pe;rnñt is modified;. reissued, :revoked. or expires
before that time.. .Presently, all nationwide pemñts are scheduled to expire on February 11,
2002 exœpt nationv..ide pemùt26 wbich will expire on De=1ber 13, 1998. It is incumbent
upon you to remain inf=ed of c:Ì'IaIto~ to the IIationwide pe=its. We will ÌS5Ue a public
notice æmouncing the c:'han.,~ when they oa:ar. :Fmthennore. if you commenœ or are
under amtract to =e tÌJis ad:ÏvÏty before i:he date the nationwide P=Jit is modified
(II
/
'-- ~.
-2-
or revoked, you will b=e twelve monihs from the date of the modification or revocation to
comp1ete the activity =der 1:ÌIe present te=ts and conditions of the nationwide pe:::mit.
Furthe:I:IItore, yon must compJ:y with the foIloWÌng Special Conàiiions-.
1.. Tna:t the ~ sha1I IIri:tiga.te .impacts to 0.60 acre of:impacts to wate=s of the U 5.
inc:.Ì11ciÍng jmisciiction we!:1and in Salt Cre<>..k by creating 1.2 acres of high quality southern
willow scrub wet!and, as outiined in the "Babi:at E:nhanœm=t Plan For Salt Cr--..k Ranch -
Phase I" (dated June 1997).
2- That the ~ sha1I submftfinal mitigation plans 10 1Ì1e Cmps (= ù"5FW3) for
approval at least 30 days prior to -the planned date of initiating the plan. These i:ìnal plans
shall be prepared in cL'"taÏl =ràing to the Corps "'Habitat Mifi,,<;ation and Monmm:ng
Proposal Guiàe!Ïnes" (1 June 1993),
3, Tr.at the ~ shall impact no more i:han 0.60 acres of wateI:s of the U5. including
jurisàictionaI wetlands The p=nitæe shall fenœ(with silt bar:rie::s) the Emits of the
constru.ction at the East H Street edension read crossing and silt exca'l<-ation sites, to prevent
adã:ii::ional we!:1and impact and .spread of silt from 1Ì1e construction zone into adjacent
wetlands and waœrs. If wetJænd impacts 0= DUfside of these Emits, all worl:: s.'Wl cæse
and the CoIps shall be notified munediateIy. Any wet1and :impacts that = outside of the
fenœd limits s.'1zII be mitigated at a mÏnÌIIl= 6:1 :ratio.
4.. That the pe:r:IJittæ shall staff a qualiñed biologist on site during project =strudion to
ensure compl.i.a= with all the above requir=ts, and produce reports that d=ent
compliance with tÌ12se requÏre:IDents. The p~ shall submit file biologist's IIa!Iæ,
adãress, telephone =mbe::, and work schedule on 1Ì1e project to the Corps at least 10 days
prior to the pJ..anœd date of iDitiating waters/wetlands impact authorized by this NWP. TIle
pennittæ shall also report any violation to the Corps within one day of its o=ence, and
- StJbmit compliaDce reports (indad.ing photogr<lphs of all areas of authorized impact) on a
monthly basis to the Corps and USFWS.
5. That the peñmttee shallsuhmit to the Corps (cc USFWS) within 60 days of completion of
wate=sfwet!ands impact authorized by this Ñ"WP a report that will mclude ¡:s..btriIt
coo.s!:ruction d.."4~ø:s with an overlay of wateI:s/wetland.s that wereim.pacted and
prese::ved, photographs of wateI:s/wetJænd areas to be preserved.. and a SDmmaIy of all
proje::: activities which doCtml-"'lts that authorized impad5 in each drainage w~ not
exŒA....ded, and compliance with the conditions above..
6. Tnat the pe:::miftee shall preserve and place a w:ildlife conservation easement with the City
of C"lula. V:i$a. (in.iavor of an agent approved by the Corps) in perpetuity on the mitigation
area. A dxa..L¡: of the easement shall be submitted to the Corps (c:c:: USFV\'S) for approval, and
the a copy of t.'1e:re:orded easement document shall be submfued to the Corps (c:c:: USFWS)
prior to initiating Ímpad5 authorized bÿ this permit.
1/;2..
-- .
'-' -
-3-
7. Ihat: the ~ shall post a perloImanœ"bond or iIrevcx:abJe 1etœr of credit (LOC)
with the CotpS fur gradmg. ÏIIigatiCn,. p1an1::ing, and 5 ye=s of maÏntenanœ and mmritoring
of 1.2 acres of woP...Jand creation (indudÏng a 20% =tin",o-e:nc:y to be added to the total costs).
This bond or LOC is to gu.arantæ 1he sucœssful Ïmp1ernentatian of the wetlands mitigation
construction,. maÏ:ntenæ1.œ and monitoring. The =ety company 1:1Sed must be 1isted on the .
U.s. Depart:ment of 1he Treasmy Grc:u1ar 570 as a company bo1dÏng a Certifu:ate of Authority
as an AcœptabJe Surety on Fedena1 Bonds.. For 2. =ent list of TI""..asu¡y-authorized
companies, write or can the Smety Bond Branch, Ena.nda1 Management Serviœs, Department
of the Treasury, W~aton DC 20227; (202) 874-6850. TheP=ittee shall submit a cJ¡¡¡ft
"bond wifu an it=úzed cost list to the Cmps tor approval at Jeast 20 days prior tó the
planned date of mmatÏng wate:s/wet1a:nds jmpact =tbmized by this permit. T.h.e pe=ittee
shall submit 1ÌIe iina1 bond or LOC fur 1he amomrt approved by the CotpS at 1east 5 days
prior to the planned date of ÏnifiafÎng wateIs/wet1ands ÙI1pact authoriz...<>d by this pennit.
8. TIle ~ shall employ all standard Best Manag=ent fuctiœs to ensure that silt,.
debris, or exœssÍVe erosion CÌDeS not enter WQte!'5 .of 1ÌIe U.s. or aåja.cent ~
9. T!le per;c:útI:æ shall comply w1ft¡ all c:onàïtions of the 4{d) Habitat loss Pemñt for the n
S~ extension ç.r3ll' 97-002; Log No. 97-19-1).
I A :nationwide pemùt does not gt=t any property:rights or exclusÌve priçileges. Also,
it àoes not a~ any injmy tD 1he property or Dghts of oiñers or authorize interlerenœ
with any existiDg or proposed Federal project. .Fmtbetmore, it does not obviate the need tD
- obizin other Federal, state, or local author.zations required by law.
Thank you fur pa.rticipatiDg in our regulatory program.. If you have any questions,
plea.se contact Ms. Jane Ledford of my staff at (ó19) 674-5385.
üoL
Ma:rk Dm:D2m
Oüef, South Coa.st Section
Regulatory Branch
Enclosure
I
1/3
II .I-. ---...---- - --- --..- .
FEB-10-se 11-46 FRan-PACIFIC BAY HOKES ID-61S S5S 430S PACE 5/11
'-" --
,
WS ANGELE.5 DIS'IRlCT
U.s. ARMY CORPS OF ENGINz=.y.s
CER TIFI CA TI ON OF CO MPLL 4.-1'\1 CE WITH
DEPARTMENT OF THE _I\RMY NATIONWIDE PERMIT
P=it N=be:r: 97-2Dlï9-lL
Nam~ of Permitt<= Pariftc Bay H=
Date crf Is.:.-uanœ Se:ptembr:r 30, 1997
Upon comp1erion of the activity authorized by ÏÌIÍ5 p=it ¡md any miti",c;ation required
by the pe=it.. sign 1Ìris =tifica.tion and retw:n it to the foIlowmg address:
US .4.rmy Corps of Engine=
Regtùatmy Brandt
ATIN: CESPL-CO-R-97-20179-]L .
P.D BOX 532;""11
Los Þ..ngeles, CA 90053-23'...5
\
Please note 1Ì1at your pe=itœd activity is subject to a c:amplianœ inspectiDn by an
.Army Corps of ;::,.,~-.... representative. If you iail it> =plywith this :nationwide permit
you maybe subject to pe=ñt suspension. mcdificatÏon, or revocation procedures as contained
m 33 GR33OS or enforœm.ent procedures such as those comam.."Ci in 33 GR 326.4 and 326.5.
I hereby œ:-:if¡ 1Ì1at the work authoriz...<>d by the above :re£e:renœd. pemüt has been
completed in a=da.."lœ with tile t=ns and c:onàiiions of the said pe:mit, and required
miti",o;ë.tion was coxnpleted in accord.mce with the permit condition(s).
Signature of PemIÏtte"- Date
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WALLACE LABORATORIES
365 Coral Circle
EI Segundo, CA 90245
phone (310) 615-0116 fax (310) 640-6863
-
August 28, 1997
fax (619) 632-0164
John L. MiDdùn
Dudek & Associates, mc.
605 Third Strd
Encinitas, CA 92024
RE: Salt Cre::k Ranch, TP-l, TP-2 & TP-3
Dear John, ( ?ø.'""f'\.u.. ~ ~ ~~ si-k. )
These soils are saline with very low phosphorus. Sample TPI-2' is aboUt one tIrird of
sea water and the other two samples are abont one sixth of sea water. Sodium and
magnesium are very high. This will result iD soil defiocculation and poor physical
properties iDcluding very poor dnrinage.
Recommendations
- Species adapted to salinity, sodium and magnesium will be required unless the soil is
reclaimed for non-salt tolerant plants.
For increasing the phosphorus, use per 1,000 sq=e feet 5 pounds of single
- superphospha!e (0-2M) tilled into the soil. The rate per cubic yard is 14 pound
hoIDogeneously iDcorporated.
For reducing the sodium and magnesium, broadcast 250 pounds of gypsum per 1,000
square fe::t. Leach to lower the sodium, magnesium and salinity. The salinity will
iDcrease with use of gypsum until the soil has been leached. For increasing the rate of
- water movement, condition the soil, Humus is the typical' amendment. Tillage can also
help if the ~oils are compacted.
- After leaclring, a nitrogen source will be needed. Use 3 pounds of ammonium nitrate
(34-0-0) or 2 pounds of urea (46-0-0) per 1,000 squarefe::t.
If the leaching has lowered the potassium content, IDore potassium will be required.
SiDc:erely,
k~~
Executive Director
GAW:n
/ d.-;;L
'ALLA CE LABS sons REPORT August 27, 1997
365 Cllra1 Cjrcle Salt ~ R2nch
-: $egundo, CA 90245 ~ & A.ssoc:iau:s
10) 61.5-0116 . ~.~Iow.-Iow.-JJIDCIa=
ammonium bicarbonatelDTP A .. .. high. .. .. . ~ high
..,aable - mglkg soil ~ID Number 97-239-12 97-239-13 97-239-14
:prc:l3lion of 11m. !P1-2' TP2-S' 11'3-6'
low mc:dium high pçhic JOIIIbic jr.phic
-.3 -4- ï 8-11 0.03 . 1.36 . 0.39 .
50 60 -120 121-180 76:25 - 77.90 .- 34.81 ..
0-3 3- 5 over 5 inm 0.84 . 3.80 ... 1.71 ..
0- 0.5 0.6-1 over 1 manpm:se 1.38 - 2.22 .... 0.24'
.1 1 - 1.5 over 1.5 zinc 0.28 . 0.63 .. 0.39 .
- 0.2 0.3- 0.5 over 0.5 tOpper 0.92 -. 0.75.- 0.85 -
0- 0.2 0.2- 0.5 over 1 boron 0.43 ... 0.06 . 0.20 ...
jo of calcium 10 magnesiu calcimn 351.85 - 331.39 ... 235.09 .-
ods 10 be: more !ban 2 or 3 .magnesium 1.158.34 ..... 560:25 -.- 708.57 -.
should be: 1= than lJOtassium sodimn 1,486.34 ..... 426.04 - 710.21 -
sulfur 105.55 .. 36.97 - 41.00 ..
moiybc\emlm ad . ad . 0.01 -
lnefollowlnglnlce almnimm1 1.10 - 0.65 - 0.55"
elements may be taxit; arsenic 0.21 . 0.21 . 0.28 .
e degree of1Dxidty barium 0.30 . 0.70 . 0.16 .
pends upon the pH of cuimimn 0.01 . 0.02 '. 0.01 .
!he sal~ sall1exluTe, cbramimn ad . o.æ. 0.02 .
;¡anic maller, æu! the oobalt rid . ad . ad .
nœntratians 01- lead 1.19 .. 0.52 . 0.31 .
individual elements as litbimn 0.41 . 0.17 . 0.17 .
-II as to their -mcn:ury ad . ad . ad .
-.ctlans. niclœ! 0.40 . 0.24 . 0.15 .
seleoinm ad . ad . ad .
The pH optimum depends silver II d . ad . ad .
1011 soil arganic strontium 2.71 . 1:25 . 0.26 .
- attcr and clay cantcnt- tin ad . o.æ . 0.03 .
far clay and loam soils: vanadium 1.11 .. 0.63 . 0.66 .
-,der 5.2 is too .acidic
5 to 7 is ideal
eWer 9 is too alk:aline 7.60 .... 7.81 ....
TI,e ECe is a measure af 5.31 ..... 5.60 ..-
e sail saünity: millieql1 millicqll millicqll
.-2 affects.. few plants 44.1 2.2 323.2 16.2 186.4 9.3
2-4 affects some plants, ~ 31.6 2.6 145.7 12.0 114.0 9.4
4 affects 1IIaIIY1'1ants. sodium 142.7 6.2 507.6 22.1 767.5 33.4
potassium 0.4 0.0 5.3 0.1 2.1 0.1
cation sma 11.0 50.4 52.2
-oblems over 150 ppm chloride 352 9.9 1,636 46.1 1.711 48.2
IDd 20 - 30 ppm nitntte as N 7.4 0.5 13.2 0.9 14.7 1.1
phosphorus as P 0.0 0.0 0.1 0.0 0.0 0.0
toxic over 800 sulfate as S 14.1 0.9 63.1 3.9 TI.9 4.6
moo sma 11.3 51.0 53.9
...Dc nver 1 Jnr m20y plants horoo as B 0.06 . 0.05 . 0.35 ..
iDcnasiDg problems szart at4 - 6 SAR I 4.0 ... 5.9 ... 10.9 .....
1.. gypsum requjrement-lhs./lOOO sq. ft. 552 175 Z72
nlative - rate very slow slow slow
estimated sail temIre clay clay loam clay loam
lime (calcium -) DO DO slight
org>mÏ<: - low low low
moisture c:omem of soil 19.0% 9.7% 13.9%
"half samratioo percmta".. 35.1% 20.8% 22.3%
ements are expressed as mgtl<,g dty soil or mgl1 far saturatsd extr;oct. /;;<3
~i and ECe are measured in a saturated extract. nd means not detectable.
_..~------~. "
WALLACE LABORATORIES
365 Coral Circle
EI Segundo, CA 90245
phone (310) 615-0116 fax (310) 640-6863
January 6, 1998
fax 619/632-0164 JJ.'£CEIYED
John L. Minchin JAN - 9 7998
Dudek & Associates, Inc.
605 Third Street DU:'E.'\ "' r..-,._~.".
Encinitas, CA 92024
RE: Salt Creek Ranch
(~~f'te? (."t,c.'ii,U#
Dear Jo1m, ~ r7./'Vi q"
The soils are alkaline and contaÏn calcium carbonate. They are well leached with low salinity.
Soåium is mode!ate .in sample C 4 but is low .in the other tWo. Magnesium is very .high Úl
sample C 4, highÚl sample C 5 and slightly high Úl C 6. li native plants will tolerant the
magnesium, then the magnesium would not ne"-d to be lowered. The magnesium can be
reduced with use of gypsum and leaching. Phosphorus and most of the micronUtrients are low.
Recommendations
General soil preparation for ground cover areas and shrub areas. Broadcast the following
- materials uniformly. The Tates are per 1,000 square feet. Incorporate them homogeneously to a
6-.inch deep:
- ammonium sulfate (21-0-0) - 5 pounds
potassium sulfate (0-0-50) - 2 pounds
sÚlgle superphosphate (0-20-0) - 4 pounds
agricultural gypsum - 50 pounds
good humus - several cubic Y4Tds
The humus needs to contain iron, manganese and zinc. li not these three nUtrients will ne"-d to
- be applied. Most irrigation water sources contain sufficient boron. If rain feed, the humus
should contain .some boron.
- For backfill of transplants, Úlcorporate homogeneously the followÚlg ma!erials iIJ!o the
excavated soil. Rates are expressed on a cubic yard basis:
ammonium sulfate (21-0-0) - 1/4 pound
potassium sulfate (0-0-50) - 1/4 pound
sÚlgle superphosphate (0-20-0) - 1/4 pound
agricultural gypsum - 3 pounds
good humus - about 15% by volume
Some leachûÌg after planting will be needed. For C 4 soil, additional gypsum should be
broadcast over the soil at 30 pounds per -1,000 square feet for .six treatments every few months. .
lithe C 4 can be preleached, 250 pounds of gypsum per 1,000 square feet can be applied prior
to planting. Use of gypsum will Úlcrease the salinity until it has be"-n leached.
/ .:zt:
Soil Analvses Plant A.naJvses ater An~lvsf>"
January 6, 1998, page 2
Definition of Good Homus for soil amending
1. Humus material shall have an ash COnteD! of no less than 8 % and no more than 50 % .
2. The pH of the material shall be between 6 and 7.5.
3. The sah contentshali be less than 10 millimho/cm @ 25. C. (BCe less than 10) on a
.saturated paste extract.. If the Eee exceeds 10 millimho/cm, the 1I1aXÏmmn rate of use
shall not exceed 15 % by volume.
4. Bomn content of the samrated extract shall be less than 1.0 parts per million.
5. Silicon canteD! (acid-insoluble ash) shall be less than 20 %.
6. Calcium carbonate shall not be present jf to be applieD. on alkaline soils.
7. Types of acceptable products are composts, manures, mushroom composts, sttaw,
- alfalfa, sludges, peat mosses etc. low in salts, low in heavy metals, free from weed
seeds, free of pathogens and other deleterious materials.
- 8. Composted wood products are conditionally acceptable [stable humus must be present].
- Wood baseD. products Me not acceptable which are baseD. on red wood or -cedar.
9. Sludge-based materials are not acceptable jf the soil aJready has a high level (toxic
level) of zinc, copper or other heavy metals baseD. on soil 31Jalysis.
10. CMbon:mogen ratio is less than 25: 1.
11. The compost shall be aerobic without malodorous presence of decomposÎtÍon products.
12. The 1mIXÌII1um particle size shall be 05 inch. Eighty p=ent shall pass a No.4 screen.
Maximum total permissible pollutant conc...'"Il1rations in amendment in parts per million
on a dry weight basis:
arsenic 40 lead 300 silver 30
cadmium 15 .mercury 10 vanadium 50
chromium 300 molybdenum 60 zinc 400
cobalt 50 nickel 100
copper 250 selenium 50
-
Higher amounts of salinity or boron may be present jfthe soils are to be
preleached to reduce the excess or jf the plants species will tolerate the salinity
and/or boron.
: -
~ Sincerely,
- .¡;: ~þj~
-Garn A. Wallace, Ph. D.
Executive DÏrector
GAW:n
/25
Soil AnaJvse~-.!'Ian! An ~ lvc::~__~ ~t,,~~ n ~ lv,,"c:: ---------
'ALLACE LABS SOn.s REPORT I Jamwy 6. 1998
3Ci5 Coral Circle Loañon Salt C=!c Ranch
¡;" Segundo, CA 90245 Rc¡œ= John L MinclJin, Dudek & Associaœs
10) 615-0116 gnpbí<~' very low. - low. -. mod.....
ammonimn bicarbonatelDTP A I . .. . !Ugh. . . . .. very hig!J
.--=:table - mgJq soil Sampie ID Number 98-5-7 98-5-8 98-5-9
!IeIpTd:3rion of <1m. No.C4 No.C5 No.C6
low medium lIigh H elomaIIs gnphic goopllic gnpbí<
'1-3 4- 7 8-11 pbospbøms 0.68 . 1.80 - 1.12 .
10 60 -120 121-180 potas!;imn 256.96 - 295.96 -- 123.43 .-
J- 3 3- 5 over 5 iron 0.59 . 1.04 '. 0.93 .
}. 0.5 0.6- 1 0=1 mangaœse 0.27 . 0.55 - 0.86 ...
1 1 -1.5 over 1.5 :zine 0.43 . 0.78 .. 0.30 .
0.2 0.3- 0.5 CM:r 0.5 copper 0.75 ..- 1.36 -.. 0.92 ..-
J- 0.2 0.2- 0.5 over 1 bonm 0.07 . 0.06' nd .
'jo of calcium to magnesia c:alcimn 789.51 '-" 278.84 ... 258.55 ...
::ds to be more than 2 or 3 magoesimn 909.30 ..... 364.22 ..... 189.05 .....
>bould be 1= than potaSSium sodium 192.24 -. 79.63 .. 72.74 -
sclfur 8.54 . 7.16 . 4.02 .
molybdenmn nd . lid . lid .
...e following1r3ce aIumimnn 1.74 -~ 1.60 - 1.11 -
-- may be Iœic arsenic 0.08 . 0.10 . 0.24 .
e degree of taxidty barimn 3.56 .. 0.69 . 1.44 .
, JefIdsupanthepHof cadmium nd . n d . nd .
toe soli, soillexlure. c:bromimn nd . nd . nd .
_Die matter, and !lie cobah n d . nd . nd .
ncentrations oflhe lead 1.02 .. L55 - 0.96 .
ndividual elements as lithium 0.55 . 0.15 . 0.13 .
- as to their mercnry 0.07 . 0.11' nd .
et3ct1ons. niclœl 0.36 . 0.28 . 0.32 .
seleuimn 0.73 - 0.67 .. 0.27 .
The pH optimum œpends silver 0.01' nd . nd .
on soil organie strontimn 5.74 .. 1.20 . 1.65 .
!iter and clay amteDt- tin nd . nd . 0.07 .
'or clay and loam soiJs: vanadium 0.78 . 0.59 . 0.48 .
mder 5.2 is too acidie
; to 7 is ideal I
...". 9 is too alkaline 7.52 .... 7.82 .-. 7.84 -..
The ECe is a measure of 0.27 . 0.25 . 0.39 .
. soil salinity: millieq/I millieqn II1illi<:qIl
. :!affects a few p/.ants 24.5 1.2 77.3 1.4 77.1 1.4
~:liIects some plants, 8.1 0.7 5.6 0.5 5.8 0.5
4 affects many plants.. 40.6 1.8 26.1 1.1 29.9 1.3
3.8 0.1 4.0 0.1 3.0 0.1
3.8 3.1 3.2
""'¡'Iems over 150 ppm 14 0.4 9 0.3 23 0.6
od20-30ppm 8 0.6 6 0.5 8 0.6
0.8 0.0 0.2 0.0 0.7 0.0
am: over 800 19.9 1.2 5.9 0.4 9.8 0.6
anion sum 2.2 1.1 1.9
úc: over 1 for many plants boron as B 0.06 . 0.05 . 0.03 .
=asiDg problems stan'" 4 - 6 SAR I 1.8 . 1.2 . 1.4 .
-:.. gypsum requiremem-lbs.IlOOO sq. ft. 250 51 12
relative ÎIIfilInlÏoo rate slow slow slow
esêmated soil leXlme clay loam clay loam clay loam
Jime (c:alåum carbonate) no yes yes
organic matter low/fair low/fair fair/low
moistuno cooum of soil 20.9% 22.2% 20.3%
half snurmon ¡>er'CfDI2ge 28.2% 29.8% 27.4%
......nls are expressed as mgtkg dry soU or. mg/I for $8ÍW3ted ex1ract. Jj /-
WALLACE LABORATORIES
365 Coral Circle
EI Segundo, CA 90245
C phone (310) 615-0116 fax (310) 640-6863
October 22, 1997 ..;: .£ C 17: .i ';.' .£ Ii)
:fux (619) 632-û164 OCT 2 '1 7997
JeffL. Thomas CUD::;;;" è', "'""'-~~.
Dudek & Associates, Inc.
605 TIrird Sire:=!
Encinitas, CA 92024
RE: Salt Creek Ranch wetland mitigation
Dear Jeff, (~Pt.6 ~ ~tJc G¡¡:¡6.DII..¡.(.. )
ÞC\~.$l~
The salinity is high at over one-tenth sea water. Most of the salinity is due to sodium
chloride.
The fertility is low. The soil is alkaline and conrams calcium carbonate.
Recommendations
General soil preparation for ground cover areas and shrub areas. Broadcast the
following mat..'"I1als uniformly. The rates are per 1,000 square feet. Incorporate them
homogeneously to a 6-inch deep:
.-
" potassium sulfate (0-0-50)- 5 pounds
single superphosphate (0-20-0) - 4 pounds
agricultural gypsum - if needed to reduce sodium, up to 200 pounds
good humus - several cubic yards
For backfill of transplants, incorporate homogeneously the following materials into
excavated or leached soil if lowered sodium were needed. Rates are expressed' on a
cubic yard basis:
- potassium sulfate (0-0-50) - 1/4 pound -
single supeg>hosphate (0-20-0) - 1/4 pound
agricultural gypsum - 2 pounds if needed to control sodium
- good humus - about 15 % by volume
Leaching after planting will be needed if sodium must be reduced. The humus must
contain micronutrients such as those based on leafy materials. If not, the micronutrients
will be need to be applied..
SÏI1cerely,
~ ~
- ./~wJ. .
-
GaIn A. Wallace, Ph. D.
Executive Director
GAW:n
1;;27
Soil An<>l"""" 1>1o:>nt A "".,1,."",e- "\)¡7~..~- A _~t..r~r
~'-""~ ¡)u.u...;:, .1U.rUKJ. Oaober 21, 1997
365 Coral Circle Salt Creek R2Œh WetlaDd MiIigation
"" Segundo, CA 90245 JeffL. Thomas
La) 615-0116
:unmonium bic:arbonatelDTP A
n=ble - mg/kg soil
r:crpretarion of daI2
1Õw medium high elements g¡>pIúc
, 3 4- 7 8-11 phospboms 0.63 .
iO 60-120 121-180 potassium 32.92 -
J-3 3-5 over 5 iron 0.57 .
),,0.5 0.6-1 over 1 manganese 0.34 -
1 1 - 1.5 over 1.5 zinc 0.16 -
0.2 0.3- 0.5 over 0.5 copper 0.13 .
J.. 0.2 0.2- 0.5 over 1 boron 036 -
io of calcium 10 magm:sium calcinm 175.40 -
:<is 10 be more than 2 or 3 magnesium 752.20 --
:bauld be less than poI2SSÌum sodium 1.347.72 -
sulfur 40.17 -
molybdemnn 0.01 -
...e following trace aluminnm 0.20 .
.Iements may be taxic arsenic 0.27 .
. degree of tax!dty harinm 0.57 .
;oen~ upon the pH of eadminm nd .
he soli, soli texture, chromium 0.03 .
¡ank matter, 3Dd the cobalt n d .
nee_oos of lI1e lead 0.13 .
ndividuai elements as litbinm 0.16 .
veil as to their mercury nd .
mocllons. nic:kel 0.17 .
seleninm nd .
!be pH optimnm depends silver ad .
on soü organic stronönm 1.22 .
Jtter and clay content- tin n d .
'õr clay and loam soils: vanadinm 2.12 -
m.der 5.2 js too acidic
; to 7 js ideal
)Ver 9 js too alkaline 8.02 -
!be ECe js a JIIC3SIIre of 6.87 -
: soü salinity: :mi1licq/l
.-J. affeds a few plants 210-.7 10.5
;..¡ affeds some planls, 94.0 7.8
4 affeds many plants. 1.0923 47.5
- 3.6 0.1
65.9
-oblems over 150 ppm 2.031 57.2
<>d 20 - 30 ppm 47.1 3.4
0.6 0.0
oxic over 800 81.9 5.1
JUlion sum 65.7
.Dc over 1 for many plants boron as B 0.77 -
nc:n:asiag problems $tOn ., 4 - 6 SAR I 15.7 --.
L gypsum nqnirement-IbsJlOOO sq. ft. 395
nlative DdiItraIion Tate slow
estimated soil texture clay
lime (calcium c:ariJomIte) yes
or:::mú: matter low
moisture amtmt or soil 7.6%
JWC salm"ation percemage 21.7% /~
.ments are expressed as mglkg dry soli or mg/I for saturated extract.
I and ECe are measured In a saturated extract. nd means not detectable.
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. HUNSAKER
. - ~~?RÇ~TES
PlANNING
ENGINEERING
SURVEYING
IRVINE MAINTENANCE PROGRAM
LAS VEGAS FOR
RIVERSIDE
SAN DIEGO PROCTOR VALLEY ROAD
DETENTION BASIN
IN THE CITY OF
CHULA VISTA, CALIFORNIA
October 10, 1997
Prepared for: Pacific Bay Homes
2300 Boswell Road
Suite 209
Chula Vista, CA 91914
w.o. 1413-15
DAVE HAMMAR
JACK HILL ¿ÇJ-),^~
LEX WlLLlMAN
David A. Hammar, P.E.
President
10179 HuennekensSL- Hunsaker & Associates San Diego, Inc.
Su;!e 200 -
San D;ego. CA 92121
fb19)55~5OOPH
tb19) 558-1414 FX
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Maintenance Program
Proctor Valley Road Detention Basin
CONTENTS
Introduction I
References I
Maintenance Operations and Schedule II
Cost Estimate of Maintenance Operations III
Financing of Maintenance Operations III
Inspection Maintenance Reports IV
Grading Plan of Detention Basin POCKET
"""""""""""""'413>d13.ØOc /7£;2-
we '413-15 12J04J97
Hydrologic Study
Salt Creek Ranch - Sunnyside Basin
INTRODUCTION Proctor Valley Road crosses over Salt Creek on a 15-foot
high embankment. Drainage through the embankment is
provided by 36" and 48" diameter culverts. The culverts pass
smaller storms without detention. In the 1 DO-yr. storm, the
water will pond above the top of the culverts fDr three hours,
with the water level rising up to 4 feet above the top of the 48"
culvert. A portion Df the stormwater draining into Salt Creek
above Proctor Valley Road will be from developed areas, but
much of the drainage basin (north of Salt Creek Ranch) is
expected to remain undeveloped.
The basin is not designed to provide desiltation due to the
limited time of detention. Vehicular access to the culvert
entrances is provided from Proctor Valley Road.
REFERENCES 1. County of San Diego Department of Public Works
Flood Control Division, Hydrology Manual (revised),
January .1985.
2. Hunsaker & Associates San Diego, Inc., Master
Drainage Plan for Otay Ranch, June 1995.
3. American Society of Civil Engineers, How to Design
Cost-EffeGtive Storm Water Detention Facilities
(Seminar Notes), 1990.
4. Hunsaker & Associates San Diego, Inc., Hydrology
Study for Salt Creek Ranch, Salt Creek Basin, May
1997.
5. American Society of Civil Engineers, Urban Hydrology
and Detention Pond Design (Seminar Notes), 1992.
6. Camp Dresser & McKee et aI., Califomia Storm Water
Best Management Practice Handbook (Municipal),
1993.
7. Intemational Erosion Control Association, Practical
Approaches for Effective Sediment and Erosion
Control (Seminar Notes), 1995.
8. Grading Plan for Chula Vista Tract No. 92-02 Salt
Creek Ranch - Neighborhood 2 - Phase 1, Drawing
No. 97-436, Sheet 6 of 10.
GYP"" mswonI\k.',.'...,,3- 11/3
",,"'3-15 1211M1!17
.-YC""C>gIC sbJdy
Salt Creek Ranch - SUMyside Basin
MAINTENANCE
OPERATIONS The maintenance of Proctor Valley Road detention basin will
be minimal because of the nominal amount of detention
provided. The primary maintenance function will be periodic
inspection tD verify that the components of the detention basin
are in working Drder. Maintenance operations will consist of:
Culvert Entrance Maintenance
Inspect entrance headwall and area within 50 feet of headwall
for obstructions Df brush or debris, or accumulations of brush
or debris that could become blockage in a storm event.
Remove any accumulated brush or debris from the pipe
entrances, headwalls, and area within 30 feet of the entrance.
Brush or debris to be removed from the detentiDn basin and
disposed of in a waste facility.
Inspect area within 20 feet of headwall for evidence of
eroSIon.
Repair any erosion near the entrance by recompacting soil,
and planting (with or without geogrid reinforcement),
placement of rip rap, or other methods as indicated.
Inspect area within 50 feet of headwall for silt deposition.
Remove any silt deposits within 50 feet of headwall.
Recompact and seed in an area not subject to future erosion.
Culvert Maintenance
Inspect culverts for blockage.
Remove all blockage of silt, brush or other debris from the
culverts. All debris to be disposed of at appropriate waste
facility.
Access Road Maintenance
Inspect access road to verify condition.
Fill in any potholes or localized erosion by hand.
Remove vegetation from access road.
Regrade as indicated to provide a smooth driving surface.
GVP:iaI-"'".,3\d13- /~y
we '.,3-'5 121O4J97
Hydrologic Study
Salt Creek Ranch - Sunnyside Basin
MAINTENANCE
SCHEDULE Maintenance should be performed as indicated by the
inspections. Inspections should be performed at the following
minimum intervals:
Any time that the 5-day rain probability exceeds 40%.
After any rain event resulting in precipitation over one-
quarter (%) inch in a twelve hour period.
Once a month from October through April.
Once every other month from May through
September.
COST ESTIMATE OF
MAINTENANCE
OPERATIONS The attached cost estimate of maintenance operations makes
the following assumptions for one annual maintenance and
inspection cycle:
Seven (7) inspection/maintenance visits of two (2)
hours duration each by one-man crew during winter
months.
Fourteen (14) inspection/maintenance visits of one (1)
hour duration by one-man crew during winter months.
Two (2) inspection/maintenance visits of two (2) hours
duration by one-man crew during sùmmer months.
One (1) maintenance visit of four (4) hours duration by
two-man crew with hand tools during the year.
One (1) maintenance vìsit of four (4) hours duration
with skip-loader and dump truck every other year.
Based on these assumptions, the estimated annual cost of
maintaining the detention basin is $ 6,000.
FINANCING OF
MAINTENANCE
OPERATIONS The maintenance operations for the Proctor Valley Road
detention basin will be performed by Salt Creek Homeowners
Association (HOA) for a period Df 5 years. After that time, the
City of Chula Vista Public Works Department will accept the
responsibility for maintenance. For the 5 years the HOA is
main4lining the detention basin; 1he maintenance will be part
of the budgeted operations of the HOA, and will be funded by
developer and homeowner contributions as detailed in the
appropriate documents.
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Hydrologic Study
San Creek Ranch . Sunnyside Basin
PROCTOR VALLEY ROAD
DETENTION BASIN
INSPECTION/MAINTENANCE REPORT,
I SECTION 1 I
GENERAL
Date of Inspection Weather
Category IJ Prior to anticipated storm event
IJ After actual storm event
IJ Periodic
Inspector TrUe Company
I SECTION 2 I
INSPECTION
DESCRIPTION OK N/A ~ COMMENTS
Brush or debris within SO' of entrance IJ IJ IJ
Erosion within 20' of entrance IJ IJ IJ
Silt deposits wnhin 50' of entrance IJ IJ IJ
Culverts clear of debris IJ IJ IJ
Access road clear of vegetation IJ IJ 0
Access road smooth driving surface IJ IJ IJ
I SECTION 3 I
MAINTENANCE
(Provide written description of any maintenance performed)
I SECTION 4 I
ACTION
IJ No maintenance indicated.
IJ Minor maintenance performed per Section 3.
IJ More extensive maintenance required at later date.
I
I SECTION 5 CERTIFICATION
I made the inspection and performed 0: supervised the maintenance iricated above.
Signature
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EXmRIT "E"
LEGAL DESCRIPTION
AREA "A"
A PORTION OF THE WEST tiALF OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1
WEST, SAN BERNADINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY
0=. SAN DIEGO, STATE OF CALIFORNIA.
COMMENCING AT A POINT IN THE NORTHERLY SIDELlN:': OF PROCTOR VALLEY ROAD,
D=rJICATEDTOTHE CITY OF CHULA VISTA P:::R DOCUMENT RECORDED JULY 9,1997,
AS FILE NO. 1997-0322402, OF OFFICIAL RECORDS,SAID POINT BEING THE WESTERLY
"1"ERMINUS OFTHAT CERTAIN COURSE DESCRIBED IN SAID DOCUMENT AS
SOUTH 76°38'00" EAST, 556.03 FEET; THENCE ALONG SAID SIDELINE
SOUTH 76°38'00" EAST, 199.81 FEET; THENCE LEAVING SAID SIDELINE,
NORTH 13°22'00" EAST 78.00 FEET; THENCE NORTH 00°48'00" WEST, 45.19 FEETTO
Ti-;:': TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°48'00" WEST,
91.57 F~I; THENCE NORTH 22°29'00" WEST, 142.34 FEE I; THENCE
NORTH 12°56'00" WEST, '3TI.72 FEET; THENCE NORTH 07°41~00" EAST. 63.47 FEET;
ïHENCE NORTH 23°00'00" WEST, 54.45 FEET; THENCE NORTH 80°37'00" EAST,
98.46FEET;ïHENCE SOUTH 29°11'42" EAST, 93.17 FEET; THENCE
SOUTH 11°19'56" EAST, 79.04 FEET; THENCE SOUTH 20°42'00" WEST, 147.16 FEET;
THENCE SOUTH 19°22'00" EAST, 224.77 FE:::T; ïHE:NCE SOUTH 26°45'00" EAST,
130.16 FEET; THENCE SOUTH 39°15'00" EAST, 138.42 FEET; THENCE
SOUTH 21 °38'00" WEST, 29.12 FEET; THENCE NORTH 76°38'00" WEST, 167:56 FEET.TO
THE TRUE POINT OF BEGINNING.
~~/~~ p;- 5-'17
JOHN W. HILL, JR. loS. 5669
HUNSAKER & ASSOCIATES SANDI.!:GO, INC.
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EXIDBIT "E"
LEGAL DESCRIPTION
AREA""B"
A PORTION Dr THE WEST HALf OFBECTION26, TOWNSHIP 17 SOUTH, RANGE 1
VIí=ST. SAN BERNADINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY
0:' SAN DI::GD, STATE OF CALIFORNIA,
COMMENCING AT A POINT IN THE NORTHERLY SIDELINE OF PROCTOR VALLEY ROAD,
D-:DICATEDTO"THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 9, 1997,
AS rILE NO. 1997-0322402, OF OFFICIAL RECORDS, SAID POINT BEING THE WESTERLY
ï3'.MINUS DrTrlAT CERTAIN COURSE DESCRIBED IN SAID DOCUM::NT AS
SOUTH 76°38'00" EAST, 556.03 F:"=i; THENCE ALONG SAID SIDELINE
SOUTH 76°38'00" EAST, 199.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE
L:AVING SAID SIDELINE NORTH 13°22'00" EAST,78.00 ¡---I; "THENCE
NORTH 00°48'00" WEST, 45.19 FEET; TH::NCE SOUTH 76"38'00" EAST, 167:56 FEET;
TÆNCE SOlJïH 21~38'00" WEST, 4427 FEET; THENCE SOUTH68°10'21" EAST,
155.32 FEci; THENCE SOUTH 13°22'00" WEST, 55.00 FEET TO SAID NORïHERL Y
SIDELINE OF PROCTOR V~-y ROAD; THENCE ALONG SAID SIDELINE
NDRTH76°3B'OO"WEST, 304.76 FEET TO THE TRUE POINT OF BEGINNING.
-
~VV~/-- 2'Z- 78
JOHN W. HILL, JR. LS. -5669
HUNSAKER & ASSOCIA1ES SAN DIEGO, INC.
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DRAFT
ATTACHMENT 5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 12.32.190 TO PROVIDE FOR CITY
ENFORCEMENT OF REQUIREMENTS PERTAINING TO
MAINTENANCE WITHIN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Chula Vista has a history and reputation
-for well-kept properties and public rights-of-way, and that the
property values and the general welfare of the City are founded, in
part, upon the appearance and maintenance of properties and public
rights-of-way; and,
WHEREAS, there is a need for the City of Chula Vista to have
the ability of enforcing agreements including but not limited to
covenants, codes, or restrictions, between parties which require
the maintenance of public rights-of-way,
The City Council of the City of Chula Vista does ordain as
follows:
That Section 12.32.190 of the Chula Vista Municipal Code" is
hereby amended to read as follows:
ill Each property owner, lessee or agent of multiple family,
commercial and industrial property shall be required to maintain
that portion of the public right-of-way immediately adjacent to the
property under his/her control and shall include the area between
the private property line and the public curb line. This
maintenance shall include all landscaping installed pursuant to the
provisions of this code and the landscaping manual of the city and
shall further provide that said area shall be kept free of all
weeds, debris, and other impediments,
B It shall be unlawful for an erson homeowners' association or
other leqal enti tv who is required under this chapter. or any
covenant. code. restriction or any other aqreement reauirinq the
maintenance of a riqht-of-wav to fail to maintain said riqht-of-wa;
as described in A) above or as required bv any code. covenant
restriction or other aqreement.
(C) Each violation of this section shall constitute a separate
offense.
Presented by Approved as to form by
Ellen Gross, Deputy Clty
Attorney
153
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/61