HomeMy WebLinkAboutAgenda Packet 1999/10/12
CALL TO ORDER
"I de~~~~1?Jr penalty of perlu~y t~at 1 am
I d by the '-H" of Chula VIsta In the
erno aye '.'" '.1 d
Office of the Gitj Ci.Jr~\ ::"nd tl1a~. I poste 6:00 p.m.
. f"' .' on '"'" e P"II"'''',''n Board at
this Anen:m i',lOu.:;e 1.,1 .~~ v.
the p~i)l;c F.ay}ces Buildin~ al}9, ~;~ ~~"
OATEOJOm'lLqq SIGNEO,~- -
1. ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
October 12, 1999
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. SPECIAL ORDERS OF THE DAY
A Oath of Office: Carmen E. Quintana - Cultural Arts Commission.
B. Tim Harding and Gloria Galbraith, Board Members, The Friends of the Arts, will
introduce artists from Hilltop High School who will present a short video
"Academy of Animation."
C. Port Commissioner David Malcolm will present an update on Port District matters.
CONSENT CALENDAR
(Items 4 through 10)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unle.s's
a Councilmember, a member qf the puhlic, or City staff requests that the item be
removedfor discussio11. {[you wish to .speak 011 one (?[ these items, please.lill out a
"Request to Speak" form (available in the lohhy) and suhmit it to the City Clerk
prior to the meeting. Itemspulled./i"om the Consent Calendar will be discussed after
Action Items. Items pulled by the public will be the first items (?f business.
4. APPROVAL OF MINUTES of July 20, 1999, July 27, 1999 (Regular Meetings of the City
Council), July 20, 1999 (Adjourned Meeting of the Redevelopment Agency and City Council)
and July 27, 1999 (Regular Meeting of the Redevelopment Agency and Adjourned Meeting
of the City Council)
5. WRITTEN COMMUNICATIONS
A Letter from the City Attorney stating that the City Council did not meet in Closed
Session on October S, 1999.
Staff recommendation: The letter be received and filed.
6. ORDINANCE ESTABLISHING A 3S MPH SPEED LIMIT ON MEDICAL CENTER
DRIVE BETWEEN MEDICAL CENTER COURT AND EAST PALOMAR STREET,
BRANDYWINE AVENUE BETWEEN EAST PALOMAR STREET AND OLYMPIC
P ARKW A Y, EAST PALOMAR STREET BETWEEN OLEANDER AVENUE AND
MEDICAL CENTER DRIVE, AND ADDING THESE ROADWAY SEGMENTS TO
SCHEDULE X OF A REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY
ENGINEER (FIRST READING)
Agenda
2
October 12, 1999
Based on the provisions of Chapter 7, Article I of the California Vehicle Code, and pursuant
to authority under the City's Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and traffic congestion, and for the
promotion of public safety, the speed limit be established at 35 MPH on certain streets.
Staff recommendation: Council place the ordinance on first reading. (Director of Public
Works)
7.A. RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDS TO THE ST ATE
OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR CAPITAL
IMPROVEMENTS AT THE CHULA VIST A NATURE CENTER
B. RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $216,700 FROM THE
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION LOCAL
GRANT PROJECT FOR THE CHULA VIST A NATURE CENTER; AUTHORIZING
THE NATURE CENTER DIRECTOR TO EXECUTE THE PROJECT AGREEMENT
TO ACCEPT THE GRANT FUNDS AND PROCESS THE PROJECT; AND
APPROPRIATING $216,700 TO THE NATURE CENTER'S FISCAL YEAR 1999/2000
OPERATING BUDGET BASED UPON UNANTICIPATED GRANT REVENUE
(4/5TH'S VOTE REQUIRED)
The City has received notice of award of grant funds from the State of California in the
amount of$216, 700 for the Chula Vista Nature Center. The funds are proposed to be used
to resolve various operational issues at the Nature Center, including ADA access, visitor and
staff safety, communications, and staff office space availability. The City must now submit
an application for these grant funds to the State of California, Department of Parks and
Recreation, in order to receive the hmds. The State of California's grant process provides
for concurrent grant application and acceptance.
Staff recommendation: Council adopt the resolutions. (Nature Center Director)
8. RESOLUTION DECLARING PROPERTY TO BE SURPLUS, UNUSABLE PUBLIC
LAND, WAIVING THE FORMAL BIDDING REQUIREMENT, WAIVING THE
GRADING DEVIATION POLICY, AUTHORIZING THE SALE OF SAID PROPERTY
TO MCMILLIN COMPANIES, llC, AND AUTHORIZING THE MAYOR TO
EXECUTE A GRANT DEED FOR THE LEGAL TRANSFER OF SAID PROPERTY
McMillin Companies, LlC, wishes to process a boundary adjustment plan between Lot 47
of Map Number 12719 and Lot "A" of Map Number 12719, an open space lot. McMillin is
owner of Lot 47, a single family residential lot, and the City is owner of Lot "A". The
boundary adjustment would take 629 square feet from the open space lot and add it to Lot
47. McMillin proposes to purchase this strip of open space land for a nominal fee of$1.00
per square foot for a total of $629.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
9. RESOLUTION RATIFYING AGREEMENT FOR PROFESSIONAL SERVICES NOT
TO EXCEED $35,000 TO MCGILL MARTIN SELF, INC. FOR TRANSPORTATION
DEVELOPMENT IMPACT FEE AUDITS ON PORTIONS OF MEDICAL CENTER
DRIVE, EAST PALOMAR STREET AND TELEGRAPH CANYON ROAD
CONSTRUCTED BY AYERS LAND COMPANY
Agenda
'"'
-'
October 12, 1999
In order to determine the final Transportation Development Impact Fee (TDIF) credit or
reimbursement due to a developer after construction of a TDIF facility is complete, an audit
must be performed. Due to the urgent need to complete the audit, staff exercised its authority
pursuant to Section 2.56.110 of the Municipal Code, for the immediate hiring of a consultant
to perform the audit. However, due to the magnitude of the contractual amount awarded to
McGill Martin Self, Inc. over the past year for services relating to Olympic Parkway, the City
Attorney recommended that this contract be taken to Council for ratification.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
10. RESOLUTION APPROVING THE SUBMITTAL TO THE CALIFORNIA PUBLIC
UTILITIES COMMISSION OF THREE PROJECT APPLICATIONS FOR THE FISCAL
YEAR 2000/2001 AND 2001/2002 GRADE SEPARATION PRIORITY LIST
The City has received an Order Instituting Investigation (OIl) from the California Public
Utilities Commission for the purpose of establishing a new grade Separation Priority List for
fiscal years 2000/2001 and 2001/2002. The on requests project applications for grade
separation of existing or proposed crossings at city streets, county roads, or state highways
in need of separation, or projects affecting the elimination of a grade crossing by removal or
relocation of streets or railroad tracks, or existing separation in need of alterations or
reconstruction.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ORAL COMMUNICATIONS
ACTION ITEMS
The items listed in this section (~l the agenda are expected to elicit substantial
discussions and deliberations by the Council, s{(~fl or members (~f the public. The
items will be considered individllally by the COllncil, and stafl recommendations
may, in certain cases, be presented in the alternative. flyou wish to .\peak on any
item, pleasefill out a "Request to ,~i)eak "form (available in the lobby) and submit
it to the City Clerk prior to the meeting
11. RESOLUTION AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS
BUDGET BY APPROPRIATING $31,000 TO DEMOLISH AND ABATE LEAD
CONTAMINATION OF THE BONITA OPTIMIST CENTER BUILDINGS LOCATED
ON CITY PROPERTY IN ROHR PARK AND APPROPRIATING $11,050 FOR
COMPENSATION OF LOST REVENUE TO THE BONITA OPTIMIST CLUB
(4/5TH'S VOTE REQUIRED)
On February 5, 1999, the City received a notice from the San Diego County Department of
Environmental Health. The notice reported a case oflead contamination on the premises of
the Bonita Optimist Center located on City property in Rohr Park. An inspection of the
property by the Department of Environmental Health revealed several areas with lead
contamination.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
Agenda
4
October 12, 1999
12. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "FIRE
STATION NUMBER 4, AT EAST"H" STREET AND PASEO DEL REYIN THE CITY
(PSI20 & 127)" PROJECT, APPROPRIATING $66,985 FROM THE POLICE
DEVELOPMENT IMP ACT FEE (POLO IF) AS A TRANSFER TO THE GENERAL
FUND, APPROPRIATING SAID FUNDS FROM THE GENERAL FUND TO THE
PROJECT, AND REDUCING THE RESIDENTIAL CONSTRUCTION TAX (RCT)
FUNDING BY THIS AMOUNT (4/5TH'S VOTE REQUIRED)
On September 22, 1998, sealed bids were received. The general scope ofthe project involves
construction of Fire Station Number 4 and a training facility/classroom, complete, including
earthwork, on and off-site utilities, paving, fire protection, mechanical, electrical, and
incidental work.
Staff recommendation: Council adopt the resolution. (Director of Public Works and Fire
Chief)
l3.A. RESOLUTION APPROVING THE DESILTATION AND MAINTENANCE
AGREEMENT WITH OT A Y PROJECT, L.P. TO PROVIDE FOR THE MAINTENANCE
OF CERTAIN IMPROVEMENTS IN THE POGGI CANYON CHANNEL AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION APPROVING THE DESIL T A TION AND MAINTENANCE
AGREEMENT WITH MCMILLIN OT A Y RANCH, LLC TO PROVIDE FOR THE
MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE POGGI CANYON
CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION APPROVING THE SECOND AMENDMENT TO THE DETENTION
BASIN AND SILT A TION AGREEMENT WITH OT A Y PROJECT, L.P. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
D. RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DETENTION
BASIN AND SILT A TION AGREEMENT WITH MCMILLIN OT A Y RANCH, LLC
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Tentative Map conditions for the proposed developments in Otay Ranch SPA One
require compliance with certain requirements regarding maintenance of the proposed Poggi
Canyon improvements. In addition, Council Policy Number 522-02 requires the developer
to maintain the drainage improvements for 5 years. Currently, the Otay Ranch Company and
McMillin are processing mass grading plans with the City for a portion of their project
drainage to Poggi Canyon and issuance of the grading permits is anticipated shortly.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
Agenda
5
October 12, 1999
15. MAYOR'S REPORTS
16. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to the Regular Meeting of October 19, 1999,
at 6:00 p.m. in the Council Chambers.
*** An Adjourned Joint Meeting of the City CouncillRedevelopment Agency
will be held immediately following the City Council Meeting. ***
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Tuesday, October 12, 199cJ.-,-....:.:.. ~ ' " IU' -
6:00 p.m.
(immediately following the City Council Meeting)
Council Chambers
Public Services Building
CHULA VISTA CITY 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 law to return to open session, issue
any reports offinal action taken in closed session, and the votes taken. However, due to the typical
length oftime 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 final action taken, and
adjournment will not be videotaped. Nevertheless, the report offinal action taken will be recorded
in the minutes which will be available in the City Clerk's Office.
CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation JlU,'suant to Government Code Section 54956.9(a)
1. Fritsch v. City of Chula Vista, District Case No. 98-CY -0972-E CGA.
. Significant exposure to litigation pursuant to Government Code Section
54956.9(b)
1. One case.
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CllY OF
CHUlA VISTA
MEMORANDUM
October 6, 1999
From:
The Honorable Mayor and City Council /C\^
David D. Rowlands, Jr., City Manage~~ ~ \
Council meeting of October 12, 1999
To:
Subject:
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, October 12, 1999. Comments regarding the Written Communications are
as follows:
5a. This is a letter from the City Attorney stating that the City Council did not meet in
Closed Session on October 5, 1999.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
DDR:mab
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
October 6, 1999
From:
The Honorable Mayor and city council
John M. Kaheny, City Attorney 9110
Report Regarding Actions Taken in Closed Session
for the Meeting of 10/5/99
To:
Re:
The City Attorney hereby reports that the City Council did not meet
in Closed Session on October 5, 1999.
JMK:lgk
3d-I
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823
Post-Consumer Recycled Paper
COUNCIL AGENDA STATEMENT
Item &,
Meeting Date 10/12/99
SUBMITTED BY:
Ordinance Establishing a 35 MPH speed limit on Medical Center
Drive between Medical Center Court and East Palomar Street, Brandywine
Avenue between East Palomar Street and Olympic Parkway, East Palomar
Street between Oleander Avenue and Medical Center Drive, and adding these
roadway segments to Schedule X of a register maintained by the Office of the
City Engineer ^..A. )
Director of Public Works urv
(4/5ths Vote: Yes_ NoXJ
ITEM TITLE:
REVIEWED BY:
City Managef1f>}o()
Based on the provisions of Chapter 7, Article 1 of the California Yehicle Code (CYC), and pursuant
to authority under the Chula Yista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and traffic congestion, and for the
promotion of public safety, the speed limit on Medical Center Drive between Medical Center Court
and East Palomar Street, Brandywine Avenue between East Palomar Street and Olympic Parkway,
East Palomar Street between Oleander Avenue and Medical Center Drive, be established at 35 MPH.
These speed limits will be added to Schedule X of the register maintained in the Office of the City
Engineer.
---
RECOMMENDATION: That the City Council adopt ordinance establishing a 35 MPH speed limit
on the subject highways described in the ordinance and amend Schedule X ofthe register maintained
in the Office of the City Engineer.
BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of September 9, 1999, accepted staffs report to recommend that the City Council adopt an
ordinance establishing a 35 MPH speed limit on Medical Center Drive between Medical Center
Court and East Palomar Street, Brandywine Avenue between East Palomar Street and Olympic
Parkway, East Palomar Street between Oleander Avenue and Medical Center Drive, thereby
amending Schedule X of a register maintained in the Office of the City Engineer.
DISCUSSION:
The City Engineer has determined a posted speed limit is needed on various new highways recently
constructed by developers and described in the title of the ordinance. An Engineering/Traffic Survey
must be conducted within five years in order for law enforcement officers to enforce the posted
speed limit, where enforcement involves the use of radar or other electronic speed measuring
devices.
&~'/
Page 2, Item
Meeting Date 10/12/99
Speed limits should be established preferably at or below the 85th percentile speed in increments of
5 MPH. The 85th percentile speed is defined as that speed at or below which 85 percent ofthe traffic
is moving. However, in considering existing conditions with the traffic safety needs of the
community or where unusual conditions exist which are not readily apparent to drivers, speed limits
5 MPH below the 85th percentile may be warranted. The establishment of a speed limit of more than
5 MPH below the 85th percentile speed should be done with great care as this may make violators
of a disproportionate number of the reasonable majority of drivers. In determining the speed limit
which is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe,
important factors are: prevailing speeds, unexpected conditions, and accident records. Speed limits
higher than the 85th percentile are not generally considered reasonable and safe, and limits below
the 85th percentile do not facilitate the orderly movement of traffic. Speed limits established on this
basis conform to the consensus of drivers as to what speed is reasonable and safe. Speed limits set
at or slightly below the 85th percentile speed provide law enforcement officers with a means of
controlling the drivers who will not conform to what the majority considers reasonable and prudent.
The Medical Center Drive segment in this area is a 4-1ane street (two lanes in each direction). It is
an 80' wide curb to curb roadway that is 1,633 feet (0.31 miles) with a 4'-16' painted median. This
road segment functions as a Class I Collector road. Bike lanes exist on both sides of the street. No
parking is allowed within this segment. The Average Daily Traffic (ADT) is 4,970 vehicles on this
segment of Medical Center Drive. Since the road segment was recently constructed, no accident data
has been established.
The Brandywine Avenue segment, which is the extension of Medical Center Drive south of Palomar
Street is an 80-foot wide curb-to-curb roadway with four lanes (two lanes in each direction). The
segment is 2,412 feet (0.46 miles) long and will function as a Class I Collector. On-street parking
is not allowed except for the first 400 feet on the east side of the roadway north of the intersection
with Olympic Parkway. Bike lanes exist on both sides of the roadway. The ADT is 3,730 vehicles.
The roadway segment was recently constructed, therefore, no accident data has been established.
East Palomar Street from Oleander Drive to Medical Center Drive exists as 2,043 feet long (0.39
miles), 80- foot wide curb-to-curb roadway with four (4) lanes of traffic (two lanes in each direction)
and a 4' - 16' median. This road segment functions as a 4-1ane major arterial road. Bike lanes exist
on both sides of the street. No parking is allowed within this segment. The ADT is 2,142 vehicles.
The road segment was recently constructed, therefore, no accident data has been established.
According to the Engineering/Traffic Surveys conducted on July 30, 1999 for Medical Center Drive
and for Brandywine Avenue; and August 6, 1999 for East Palomar Street, the 85th percentile
speeds are 38 MPH, 39 MPH, and 39 MPH respectively. There are no unexpected conditions on
this roadway. CVC Sections 22357 and 22358 authorize local authorities to establish prima facie
speed limits on streets under their jurisdiction, on the basis of an engineering and traffic survey.
Based upon the criteria that the speed limit be set at or below the 85th percentile in 5 MPH
t/~
Page 3, Item
Meeting Date 10/12/99
increments, the speed limit on all those streets shall be set at 35 MPH. It is recommended that
Schedule X be revised as follows:
Schedule X - Establish Speed Limits in Certain Areas
Name of Street Beginning At Ending At Proposed Speed Limit
Brandywine Avenue East Palomar Street Olympic Parkway 35 MPH
East Palomar Street Medical Center Drive Oleander Avenue 35 MPH
Medical Center Drive Medical Center Court East Palomar Street 35 MPH
FISCAL IMPACT: The cost to place signs and pavement legends is $450, which has already been
obtained from the developers.
Attachments: Area Plat
Engineering and Traffic Surveys
File No.: 0760-95-CY029
H:\HOME\ENGINEER\AGENDA \MCP ALBRW.DMW
?~;J
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A 35 MPH SPEED LIMIT
ON MEDICAL CENTER DRIVE BETWEEN MEDICAL CENTER
COURT AND EAST PALOMAR STREET, BRANDYWINE
AVENUE BETWEEN EAST PALOMAR STREET AND OLYMPIC
PARKWAY, EAST PALOMAR STREET BETWEEN OLEANDER
AVENUE AND MEDICAL CENTER DRIVE, AND ADDING
THESE ROADWAY SEGMENTS TO SCHEDULE X OF A
REGISTER AS MAINTAINED BY THE OFFICE OF THE
CITY ENGINEER
WHEREAS, based on the provisions of Chapter 7, Article 1
of the California Vehicle Code, and pursuant to authority under the
Chula vista Municipal Code section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the
speed limit on Medical Center Drive between Medical Center court
and East Palomar Street, Brandywine Avenue between East Palomar
Street and OlYmpic Parkway, East Palomar Street between Oleander
Avenue and Medical Center Drive be established at 35 MPHi and
WHEREAS, a engineering and traffic study, as required by
State Law, has been conducted and it has been determined that the
appropriate speed in this area is to be posted at 35 MPH.
NOW, THEREFORE, the City Council of the City of Chula
vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the city Engineer as provided in Section 10.48.020 of
the Chula vista Municipal Code, Established Speed Limits in certain
Zones and Establishing a Speed Limit of 35 MPH on Medical Center
Drive between Medical Center court and East Palomar Street,
Brandywine Avenue between East Palomar Street and Olympic Parkway,
East Palomar Street between Oleander Avenue and Medical Center
Drive, adding this location to Schedule X, is hereby amended to
include the following changes:
Chula vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beqinninq At Endinq At Proposed
Speed Limit
Brandywine East Palomar OlYmpic 35 MPH
Avenue Street Parkway
East Palomar Medical Center Oleander 35 MPH
Street Drive Avenue
Medical Center Medical Center East Palomar 35 MPH
Drive Court Street
1 &~i
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
H:\home\lorraine\OR\SPEED.EST
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DATE CREATED:
TITLE:
August 23, 1999
i--~
AREA PLAT
CREATED BY:
Poten San Pedro
SPEED LIMIT - ENGINEERING/TR~FIC SURVEY
STREET: MEDICAL CENTER DRIVE
LIMITS: EAST PALOMAR-MEDICAL CThrrER COURT
Length Of Segment: 1633 FT.
Existing Posted Limit (mph): UNPOSTED
SlJMMARY OF SPEED SURVEYS
Segment: EAST PALOMAR-MEDICAL CThlER COURT
Date Taken: 07-30-1999
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 38MPH
Range of Speeds Recorded (mph): 24-44MPH
ROADWAY CHARACTERISTICS
Width (ft): 80 Ft. ROADWAY INCLUDING 4 -16 MEDLi\N
No. of Lanes for Both Directions: 4 LA.....NES. 2 LANES FOR EACH DIRECTION
Vertical Alignment: 2.9% OVER 200 Ft. VERTICAL CURVE
Horizontal Alignment: RMIN=1100
TRU'FIC CHAR.\CTERISTICS
Average Daily Traffic: 4970(1999)
On-Street Parking: NOT ALLOWED
Special Conditions: BIKE LANES ON BOTH SIDES OF ROADWAYS. HOSPITAL EXISTS
EAST OF MEDICAL CENTER DRIVE.
Accident History: NO ACCIDENT DATA HAS BEEN ESTABLISHED.
SURVEY RESULTS
Study was Prepared by: IKHLASS DAOOD
Date: AUGUST 20.1999
Recommendation: POST 35MPH SPEED LIMIT
Date Recommendation Approved: O'1/26/~9
By: A1A~l> AL-~/IfJ-F~ /
Approved Speed Limit (mph): .a:>t?7.P#
Per CVC 40803, Survey Expires: .1~30
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Date: AUGUST 18.1999
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 7
Meeting Date: 10/12/99
Resolution Approving an Application for Grant Funds to the State
of California Department of Parks and Recreation for Capital Improvements
at the Chula Vista Nature Center.
Resolution Accepting a grant in the Amount of $216,700 from the
State of California Department of Parks and Recreation Local Grant Project
for the Chula Vista Nature Center; Authorizing the Nature Center Director to
Execute the Project Agreement to Accept the Grant Funds and Process the
Project; and Appropriating $216,700 to the Nature Center's FY 99/00
Operating Budget Based upon Unanticipated Grant Revenue.
Nature Center Directo~ /\h^
David D. Rowlands, Jr., City Manage~~ M1 ~
(4/5ths Vote: YesA No_)
The City has received notice of award of grant funds from the State of California in the amount of
$216,700 for the Chula Vista Nature Center. The funds are proposed to be used to resolve various
operational issues at the Nature Center, including ADA access, visitor and staff safety,
communications, and staff office space availability. The City must now submit an application for
these grant funds to the State of California, Department of Parks and Recreation, in order to
receive the funds. The State of California's grant process provides for concurrent grant application
and acceptance.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That the Council adopt the Resolutions:
1. Approving the application to the State of California, Department of Parks and Recreation,
for grant funds for the Chula Vista Nature Center; and
2. Accepting the grant in the amount of $216,700 from the State of California, Department of
Parks and Recreation for the Chula Vista Nature Center; and
3. Authorizing the Nature Center Director to Execute the Project Agreement to accept the
Grant Funds and process the Project; and
4. Appropriating $216,700 to the Nature Center's FY 99/00 Operating Budget Based upon
Unanticipated Grant Revenue.
BOARDS/COMMISSIONS RECOMMENDATION: The Bayfront Conservancy Trust has reviewed
the proposed list of individual projects for the Nature Center operations and unanimously
recommends that the City Council accept the grant.
DISCUSSION:
Background
Late last Spring, Staff from the City Manager's Office and the Nature Center Director worked
closely with State Senator Steve Peace to include the Nature Center in the State's FY 1999/2000
Budget. The budget the Governor signed granted $220,000 to the Nature Center for general
operating purposes. The funds are administered through the State Department of Parks and
Recreation (DPR) and are reduced by 1.5% for DPR's administrative costs. The total available to
7.-/
Item #:
Meeting Date: 10/12/99
the Nature Center is $216,700 and must be encumbered with the State by contract before June 30,
2002. The application materials are included as Exhibit 'A'.
Proposed Project Elements
Various facets of the Nature Center's operations are in need of improvement as a result of deferred
maintenance, lack of 100% compliance with ADA standards, changes in technology, and the recent
addition of staff. A list of projects was compiled by Nature Center staff and volunteers, and then
evaluated by Public Works staff, Risk Management and the Bayfront Conservancy Trust Board.
The list of project elements which have been assigned the highest priority for completion over the
next few months is included as Exhibit 'B', although the general background for the elements are
outlined below.
ADA/Safety Compliance
. Improvements to the facility include curb cuts and ramps, remodeling of office and work
spaces to provide access, and modifying exit doors for ease of operation.
. Many of the Center's staff workstations were never designed to physically support computer
hardware nor place the keyboard and monitor at appropriate ergonomic locations. Many of
these workstations need to be replaced or modified.
. The exhibit islands in the interior of the building were not originally designed to house
aquaria, and therefore have various electrical, lighting and structural design flaws.
. The book display racks in the Bookstore were not designed for their current purpose and do
not hold books properly (posing a safety problem), but also block the Bookstore clerk's view
of customers in the rear of the store (posing a security and inventory control problem). The
proposal includes replacing these racks with a more versatile and safe display cabinet.
Communications
. The existing phone system is antiquated, limited in capability, and no longer has parts
readily available.
. The existing computer system is not compatible with the City's computer system and is in
need of upgrade just to run the newer software available. The Nature Center must be able
to interface with the City's new automated accounting, purchasing and budget system in
addition to the many other on-line information-sharing needs.
. The audio system in the Auditorium is not functioning. With the many organizations using
the facility (and paying rental fees for it) this system must be operational and able to be
maintained.
. The Center does not have access to a video projector for use in delivering curriculum and
presentations to various student and civic groups.
Addition of Staff
. In the FY 1999/2000 Budget, a new position was added (Avian Specialist) which is in need
of appropriate office space. The proposal includes the construction of one interior wall to
create an appropriate office/work area.
Maintenance
. The Clapper Rail exhibit's computer-controlled tidal slough is supported by a system which
pumps saltwater from the marsh. As a result of some design and maintenance issues, the
system is only partially functional and is in need of repair.
. A weather cover needs to be installed over the outdoor aquarium support area to protect
equipment and staff (formerly approved as part of the current year Minor CIP List).
. Concrete floors are suffering from the effects of saltwater and need to be sealed for
protection from further pitting and erosion.
. A portable emergency chiller is needed in the event that the main water chiller for the fish
tanks becomes inoperative. A small rise in water temperature has meant the loss of
important specimens of the collection of marine and freshwater animals.
7-~
Item#:
Meeting Date: 10/12/99
The availability of these funds from the State will have a very large impact on the Nature Center's
physical plant health, staff productivity, and ability to deliver its programs effectively.
FISCAL IMPACT: As the State of California Legislature has awarded the City of Chula Vista these
grant funds for the Nature Center, the fiscal impact on the City created by this action is a positive
one in that General Fund support which would otherwise have been needed to resolve many of
these issues has now been supplanted.
Attachments:
'A' Application Materials
'B' List of Project Elements
7-3
STATE OF CALIFORNIA - RESOURCES AGENCY
GRAY DAVIS, Governor
DEPARTMENT OF PARKS AND RECREATION
PO BOX 942896
SACRAMENTO, CA 94296-0001
(916) 653-8758
July 19, 1999
Ms. Nancy Woods
City of Chula Vista
Office of City Manager
276 Fourth Avenue
Chula Vista, CA 91910-
Dear Ms. Woods:
Nature Center & Junior Museum Operations
$216,700
The Legislature and Governor have approved the above referenced grant, which is
funded from the General Fund Program. You must encumber the funds by contract before
June 30,2002. To do so, you must submit a complete application for each project to this
office. A procedural guide, with application forms, is enclosed.
The grant amount indicated above has been reduced by 1.5% for department's
administrative costs. If you have questions about the grant or the process, please contact
your project officer, Donna Arteaga at (916) 653-8785, email atdarte@parks.ca.gov or FAX
(916) 653-6511. We look forward to serving you.
Sincerely,
~~)!
Odel T. King, Jr., Manager
Planning and Local Services Section
Enclosure
//'1
1 f
tStltlB IT It
STATE OF CALIFORNIA
PROCEDURAL GUIDE
FOR
LOCAL GRANT PROJECTS
(excerpt)
This guide will assist in administering state grant funds. It contains program information
and application materials.
The grant programs are administered by the California Department of Parks and
Recreation (DPR). Day-to-day administration of individual projects is the responsibility of a
project officer who is assigned a specific geographical area of the state, based on county
boundaries. Processing will be expedited if the name of the project officer assigned to your
area is included on all mail. All inquiries, correspondence, and grant applications should
be addressed to:
Project Officer (Name)
California Dept. of Parks and Recreation
Planning and Local Services Section
1416 Ninth Street, Room 940
P.O. Box 942896
Sacramento, CA 94296-0001
Telephone: (916) 653-7423
FAX Telephone: (916) 653-6511
IMPORTANT POINTS
1. No funds shall be disbursed until an agreement betvleen the California Department
of Parks and Recreation and the applicant is signed by both parties.
2. VVhere necessary, up to 20% of the grant funds may be expended for
nonconstruction costs such as plans and specifications, acquisition documents,
construction inspections, and directly-related administrative costs.
3. All real property shall be acquired in compliance with the provisions of Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the Government Code.
4. The funds are available for a total of five years. However, a contract has to be
executed within three years followinq the appropriation.
7--5
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WHAT TO SUBMIT
A complete application consists of one copy each of the items listed on the back of the
application form (Appendix A).
PROJECT ADMINISTRATION
Normal Grant Process
1. Applicant completes and submits applications to the California Department of
Parks and Recreation.
2. If all application materials are in order, an agreement is sent to applicant.
3. Applicant returns signed agreement to DPR.
4. A fully executed agreement is returned to applicant.
5. Applicant may submit payment request for an advance of 10% of grant amount
to prepare construction plans and/or acquisition documents (Appendix F).
6. Acquisition and/or development certification form is submitted to DPR for review
and approval (Certification Forms mailed with contract).
7. Applicant commences work on project and may submit payment request for up to
90% of grant amount.
8. After completion of project, applicant submits support materials
(project completion packet mailed with contract) and request for final 10% of
grant.
9. Project officer makes final project inspection.
10. DPR may perform an audit of completed project.
2
7~t
Total Withdrawal From Program
If a jurisdiction fails to submit an application for its allocated amount or otherwise
withdraws from the program or elects not to use its allocation, the allocation will be lost
to that jurisdiction. In the event an approved project cannot be completed, and if grant
funds were advanced, those funds plus any accrued interest must be returned to the
state.
_Changes to Approved Proiect
An applicant wishing to change the scope of an approved project should submit the
proposed change in writing to DPR for approval.
Time Extensions
A request for a time extension and its justification must be submitted to DPR. DPR will
determine whether the circumstances warrant a time extension.
Payments of Grant Funds
After DPR has signed the agreement, 10% of the total grant amount may be requested
for specific planning for each development project. Up to 90% of the total grant or 100%
of the actual development cost, whichever is less, may be requested after the
construction contract is awarded or construction has commenced.
For acquisition projects, up to 90% of the grant or 100% of the actual acquisition cost,
whichever is less, may be advanced after the property is in escrow. Such advance shall
be placed immediately into escrow, or deposited with the court in condemnation cases.
No advances beyond 10% will be processed until we have received a copy of the award
of contract for development projects to be done by contract or a copy of the escrow
instructions for acquisition projects. For projects done by force account, we must receive
a written statement certifying that work will begin no later than 30 days after receipt of the
advance.
The remaining 10% will usually be reimbursed after completion of the project.
If advances are made .and not immediately used, the advanced funds should be placed
in a separate interest-bearing account. The applicant shall be held accountable for the
interest earned.
Applicant should allow four to six weeks to receive payment after submitting request for
payment. When completing the payment request forms, all figures should be rounded
to the nearest dollar.
3
7~7
Income and Interest
Any income accruing from intended recreational use of the project may be spent at the
applicant's discretion, consistent with the jurisdiction's normal procedure.
Gross income that is earned by the applicant from non-recreational uses of an acquisition
project (e.g. rental from agricultural leases) must be used by the applicant for any of the
following at the project site: recreation development, additional acquisition, operation, or
maintenance.
Gross income that accrues to a grant-assisted development project during and/or as a:
part of the construction, from sources other than the intended recreation use, shall also
be used for further development of that particular project.
If the gross income and earned interest are not used for additional acquisition,
development, operation, or maintenance of the project, such income and interest shall be
returned to the state, and/or the amount of the state grant shall be reduced by the
amount of such income and interest.
Gross income includes the fair market value of real and/or personal property, or personal
services received in exchange for nonrecreational activity conducted on the land acquired
and/or to be developed.
Accounting Requirements
The applicant must maintain an accounting system that accurately reflects fiscal
transactions, with the necessary controls and safeguards. This system should provide
good audit trails, especially the source of original documents such as receipts, progress
payments, invoices, time cards, etc. The system must also provide accounting data so
the total cost of each individual project can be readily determined. These records must
be retained for a period of three years after final payment is made by the state. AVOID
AUDIT EXCEPTIONS - KEEP ACCURATE RECORDS
Eligible Costs
Only project-related costs incurred during the project performance period specified in the
grant agreement will be eligible. All such costs must be supported by appropriate
invoices, purchase orders, cancelled warrants, and other records. The State recognizes
that additional expenditures may be eligible based on language contained in the
appropriation for the project.
4
7-g/
1. Preliminary costs - Preliminary project costs (e.g., construction plans, appraisals,
acquisition negotiations, etc.) incurred after the date of appropriation are eligible,
provided that an agreement for the project is executed by the state and the
applicant.
2. Personnel or employee services - Services of the applicant's employees directly
engaged in project execution are eligible costs. These costs must be computed
according to the applicant's prevailing wage or salary scales, and may include
fringe benefit costs such as vacations, sick leave, social security contributions, etc.
that are customarily charged to the applicant's various projects. Costs charged
to the project must be computed on actual time spent on a project, and supported
by time and attendance records describing the work performed on the project.
Overtime costs may be allowed under the applicant's established policy, provided
that the regular work time was devoted to the same project.
Salaries and wages claimed for employees working on state grant funded projects
must not exceed the applicant's established rates for similar positions.
3. Consultant services - The costs of consultant services necessary for the project are
eligible. Consultants must be paid by the customary or established method and
rate of the applicant.
No consultant fee may be paid to the applicant's own employees withoUt prior
approval or unless specifically agreed to by the state.
4. Construction equipment - Equipment owned by the applicant may be charged to
the project for each-use. Equipment use charges must be made in accordance
with the applicant's normal accounting practices. The equipment rental rates
published by the State Department of Transportation may be used as a guide.
If the applicant's equipment is used, a report or source document must describe
the work performed, indicate the hours used, relate the use to the project, and be
signed by the operator and supervisor.
Equipment may be leased, rented, or purchased, whichever is most economical.
If equipment is purchased, its residual market value must be credited to the project
costs on completion.
5
7-;
5. Construction supplies and materials - Supplies and materials may be purchased
for a specific project or may be drawn from a central stock, providing they are
claimed at a cost no higher than that paid by the applicant. When supplies and/or
materials are purchased with the intention of constructing a piece of equipment,
a structure or a part of a structure, the costs that are charged as supplies and
materials may be capitalized according to the applicant's normal practice or policy.
If capitalized, only that cost reasonably attributable to the project may be claimed
under the project.
6. Signs and interpretive aids - The cost of signs, display boards, or other minor
interpretive aids relating to the project are eligible.
7. Construction - The cost of all necessary construction activities, from site
preparation (including demolition, excavation, grading, etc.) to the completion of
a structure or facility is eligible.
8. Acquisition - Costs of acquiring real property are eligible and may include the
purchase price of the property, appraisals, surveys, preliminary title reports, escrow
fees, title insurance fees, and court costs of condemnation.
9. Relocation costs - Relocation costs are allowable for projects that result in
displacement of any person and/or business. The applicant must comply with the
requirements of the State Relocation Act (Chapter 16 Government Code, Section
7260 et seq.), even if relocation costs are not claimed for reimbursement.-
10. Fixed Equipment - Purchase of equipment that is affixed permanently to the facility
in question. An example is a sound system installed in a community center.
11. Other expenditures - In addition to the major categories of expenditures,
reimbursements may be made for miscellaneous costs necessary for execution of
the project. Some of these costs are:
a. Communications (such as telephone, telegrams, letters, etc.)
b. Premiums on hazard and liability insurance to cover personnel and/or
property
c. Work performed by another section or department of the applicant's agency
d. Transportation costs for moving equipment and/or personnel
6
')-/0
STATE GRANT FUNDS - PROPOSED PROJECT LIST
September 28, 1999
Project Element
ADA Upgrades: *Curb cuts/ramps
*Remodeling of Prep Room (cabinets and appropriate office space for
employee)
*Modifications to exit doors (adjustments to pull, automatic openers in
front and rear of building)
Construct wall with door and window for addition of office space in main office area for
Assistant Director; Includes addition of phone, purchase of furniture, modifications to light
switches, HV AC etc.
Construct exterior awning over prep area to protect tools and equipment from weather.
Seal concrete floors from salt water damage/intrusion.
Upgrade existing phone system, and include intercom function for garage, greenhouse and
birdhouse.
Purchase of computers compatible with City network, installation, printer.
Repairs to existing audio system in the auditorium to make it operational.
Purchase of ergonomic workstations, computer furniture
Purchase of portable chiller for emergencies when the existing water chillers go down.
Safety upgrades to exhibit wiring, lighting and structural components.
Interpretive signage (purchase and upgrade) in gardens and exhibits.
Replacement of bird and reptile cages
Repairs to Clapper Rail slough pump system to make it fully operational.
Purchase of video projector for "Power Point" presentations.
Purchase of digital camera with appropriate features to interface with our system and
needs.
Construction of display cabinets for Bookstore
7~)/
Exhibit 'B'
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN APPLICATION FOR GRANT
FUNDS TO THE STATE OF CALIFORNIA DEPARTMENT OF
PARKS AND RECREATION FOR CAPITAL IMPROVEMENTS
AT THE CHULA VISTA NATURE CENTER
WHEREAS, the Legislature and Governor of the State of
California have approved a grant for the project shown above; and
WHEREAS, the State Department of Parks and Recreation has
been delegated the responsibility for the administration of the
grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the State
Department of Parks and Recreation require the applicant to certify
by resolution approval of the application before submission of said
application to the state; and
WHEREAS, said application contains assurances that the
applicant must comply with; and
WHEREAS, the applicant will enter into an agreement with
the State of California for the subject project.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista:
1. Approves the filing of an application for General
Fund assistance for the above project; and
2.
certifies
assurances
form; and
that
and
said agency
certification
understands the
in the application
3.
Certifies
sufficient
project.
that said
funds to
agency
operate
has
and
or will
maintain
have
the
4. certifies that said agency has reviewed and
understands the General provision contained in the
State/local agreement shown in the Procedural
Guide.
BE IT FURTHER RESOLVED that the City Council hereby
appoints the Director of the Chula vista Nature Center as agent to
conduct all negotiations, execute and submit all documents
including, but not limited to applications, agreements, amendments,
payment request and so on, which may be necessary for the
completion of the aforementioned project.
Presented by
Approved as to form by
Dan Beintema, Director of the
Chula vista Nature Center
H:\home\attorney\reso\grant.nic
7~-/
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF
$216,700 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION LOCAL GRANT
PROJECT FOR THE CHULA VISTA NATURE CENTER;
AUTHORIZING THE NATURE CENTER DIRECTOR TO
EXECUTE THE PROJECT AGREEMENT TO ACCEPT THE
GRANT FUNDS AND PROCESS THE PROJECT; AND
APPROPRIATING $216,700 TO THE NATURE CENTER'S
FY 99/00 OPERATING BUDGET BASED UPON
UNANTICIPATED GRANT REVENUE
WHEREAS, the City of Chula vista has received notice of
the award of grant funds from the State of California in the amount
of $216,700 for the Chula vista Nature Center; and
WHEREAS, the funds are proposed to be used to resolve
various operational issues at the Nature Center, including ADA
access, visitor and staff safety, communications, and staff office
space availability; and
WHEREAS, the City must now submit an application for
these grant funds to the State of California Department of Parks
and Recreation in order to receive the funds; and
WHEREAS, the State of California's grant process provides
for concurrent grant application and acceptance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept a grant in the amount of
$216,700 from the State of California Department of Parks and
Recreation Local Grant Project for the Chula vista Nature Center.
BE IT FURTHER RESOLVED that the Nature Center Director is
hereby authorized to execute the Project Agreement to accept the
grant funds and process the project.
BE IT FURTHER RESOLVED that the amount of $216,700 is
hereby appropriated to the Nature Center's FY 99/00 Operating
Budget based upon unanticipated grant revenue.
Presented by
Approved as to form by
A~
Dan Beintema, Director of the
Chula vista Nature Center
Kaheny, City
H:\home\attorney\reso\grant.nic
7~~~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 10/12/99
~
ITEM TITLE: Resolution Declaring property to be surplus, unusable
public land, waiving the formal bidding requirement, waiving the grading
deviation policy, authorizing the sale of said property to McMillin
Companies, LLC, and authorizing the Mayor to execute a Grant Deed for
the legal transfer of said property
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manage~\ovx ~ (4/Sths Vote: Yes_NoX)
McMillin Companies, LLC wishes to process Yboundary adjustment plat between Lot 47 of Ma p
No.12719 and Lot "A" of Map No. 12719, an open space lot. McMillin is owner of Lot 47, a
single family residential lot, and the City of Chula Vista is owner of Lot "A". The boundary
adjustment would take 629 square feet from the open space lot and add it to Lot 47. McMillin
proposes to purchase this strip of open space land for a nominal fee of $1.00 per square foot for
a total of $629. Staff is recommending waiving the Grading Deviation Policy in this case for
reasons discussed below.
RECOMMENDATION: That Council approve the resolution declaring property to be surplus,
unusable public land, waiving the formal bidding requirement, waiving the grading deviation
policy, authorizing the sale of said property to McMillin Companies, LLC, and authorizing the
Mayor to execute a Grant Deed for the legal transfer of said property.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
McMillin Companies, LLC., a Delaware Limited Liability Company submitted an application for
a boundary adjustment plat between Lot 47 of Map No.12719 and Lot "A" of Map No. 12719,
an Open Space Lot. McMillin is owner of Lot 47, a single family residential lot, and the City of
Chula Vista is owner of Lot "A".
The reason for the boundary adjustment is to move the southerly lot line of Lot 47 to match the
location of the existing wall that is intended to separate Open Space from Private lots. This
boundary wall was constructed to align with the edge of the slope separating the residentia110t
from the Open Space lot which did not coincide with the true property line. This boundary
adjustment would move the southerly properly line of Lot 47 to the south a maximum distance of
8 feet adding 0.014 acres or 629 square feet to that parcel (see Exhibit "A" for an illustration).
g/j
Page 2, Item
Meeting Date 10/12/99
The boundary wall was installed together with the grading operations for the subdivision and has
been in place ever since the grading was completed in May of 1996. Rick Engineering Company
has indicated that an adjustment was made to the project grading plans due to field conditions that
moved the lot line to the edge of the slope, but due to developer oversight the same change was
not noted on the subdivision map. This boundary adjustment plat will complete the process so
that the grading plans and subdivision map have matching boundaries. OrdinariI y, these types of
adjustments are coordinated during the construction stage so that boundary adjustment plats and
new grant deeds are not needed. Grading work is normally done ahead of Final Maps in these
large developments, however, in this case the Final Map was completed prior to the grading.
Therefore, it was not possible to modify the Final Map to coincide with the Grading work. Lot
47 is still owned by the original developer, McMillin, and a house has not been built on it to this
date.
Chapter 2.56.130 of the Municipal Code addresses the sale of real property owned by the City.
It further stipulates that the sale may be made at less than fair market value if the sale will be in
the public interest. Staff has determined that since this sliver of property was never physically
a part of and is of no benefit to the open space lot, because it has always been on the private
property side of the wall, the property should be sold for a nominal fee of $1.00 per square foot.
It is in the public interest to dispose of this small piece of property in an expeditious manner.
Grading Deviation Policy
Staff believes that City Council Policy 460-02, the Grading Deviation Policy, should not apply
in this situation. That Policy was adopted several years ago to provide the procedures and criteria
to be used to identify and sell City dedicated open space property. That policy was normally used
in existing established neighborhoods. Under the current policy, the procedure for transferring
the property from Open Space lots to private property is very cumbersome and onerous. It
requires a vote of all the property owners in the Open Space District in order to approve the
transfer. It this case there would be over 2000 ballots. If the transfer is not accomplished then
it will result in the City owning a small sliver of property on the private property side of a
masonry wall, that needs to be maintained and is phys ically part of private property. Again, but
for an oversight in 1996, this sale and boundary adjustment would not have been necessary.
Therefore, Public Works staff recommends the City Council declare the property to be surplus
land with no present or future public use, waive the formal bidding requirement, waive the
provisions required in the Grading Deviation Policy and authorize the sale of the property to
McMillin Companies, LLC at $1.00 per square foot and authorize the City Clerk to execute a
Grant Deed for the legal transfer of said property.
sY/A
Page 3, Item
Meeting Date 10/12/99
Engineering staff is processing a boundary adjustment plat (see Exhibit "B") and a Grant Deed
for the proposed sale. If City Council approves the resolution, then the boundary adjustment plat
and Grant Deed will be executed and recorded with the County Recorder.
FISCAL IMPACT: Funds from the sale of the open space property will be deposited in Open
Space Maintenance District No. 20. Staff costs associated with this transaction will be reimbursed
by the applicant.
Attachments: Exhibit" A" - Illustration of boundary adjustment area
Exhibit "B" - Adjustment Plat ER-277
SE
H:\HOME\ENGINEER\AGENDA \BURGA3 .SL Y
$Y/J
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING PROPERTY TO BE SURPLUS,
UNUSABLE PUBLIC LAND, WAIVING THE FORMAL
BIDDING REQUIREMENT, WAIVING THE GRADING
DEVIATION POLICY, AUTHORIZING THE SALE OF SAID
PROPERTY TO McMILLIN COMPANIES, LLC, AND
AUTHORIZING THE MAYOR TO EXECUTE A GRANT DEED
FOR THE LEGAL TRANSFER OF SAID PROPERTY
WHEREAS, McMillin Companies, LLC ("McMillin") wishes to
process a boundary adjustment plat between Lot 47 of Map No. 12719
and Lot "A" of Map No. 12719, an open space lot; and
WHEREAS, McMillin is owner of Lot 47, a single family
residential lot, and the City of Chula vista is owner of Lot "A";
and
WHEREAS, the boundary adjustment would take 629 square
feet from the open space lot and add it to Lot 47 and would result
in the boundary wall in place on site to accurately reflect the
legal lot line between Lots 47 and A; and
WHEREAS, McMillin proposes to purchase this strip of open
space land for a nominal fee of $1.00 per square foot for a total
of $629; and
WHEREAS, staff believes that Council Policy 460-02, the
Grading Deviation Policy, should not apply since the Policy was
adopted to provide procedures and criteria for the sale of City
dedicated open space property located in existing established
neighborhood which is an onerous process not appropriate for a
minor boundary adjustment as in the present case; and
WHEREAS, it is in the public interest to sell the
surplus, unusable land to McMillin which land has always been on
the Lot 47 side of the boundary wall and has no present or future
public use.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby declare that certain property shown
on Exhibits A and B to be surplus, unusable public land.
BE IT FURTHER
requirement and the grading
the sale of said property
authorized.
RESOLVED that the formal bidding
deviation policy are hereby waived and
to McMillin Companies, LLC is hereby
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute a Grant Deed for the
legal transfer of said property.
Presented by
Approved as to form by
Oy~ 'I ;~y~ttorney
John P. Lippitt, Director
Public Works
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COUNCIL AGENDA STATEMENT
Item 9
Meeting Date 10/12/99
ITEM TITLE:
Resolution Ratifying agreement for Professional Services not to
exceed $35,000 to McGill Martin Self, Inc. for Transportation Development
Impact Fee Audits on portions of Medical Center Drive, East Palomar Street
and Telegraph Canyon Road constructed by Ayers Land Company
SUBMITTED BY: Director of Public Works 7Jl1( 1"'\
REVIEWED BY: City Manage~ ~ 1 (4/Sths Vote: Yes_NolO
In order to determine the final Transportation Development Impact Fee (TDIF) credit or
reimbursement due to a developer after construction of a TDIF facility is complete, an audit must
be performed. Due to the urgent need to complete the audit, staff exercised its authority pursuant to
Section 2.56.110 of the Municipal Code, for the immediate hiring of a consultant to perform the
audit. However, due to the magnitude ofthe contractual amount awarded to McGill Martin Self, Inc.
over the past year for services relating to Olympic Parkway (maximum compensation of
$1,780,500), the City Attorney recommended that this contract be taken to Council for ratification.
RECOMMENDATION: That Council adopt this resolution ratifying an agreement for professional
services not to exceed $35,000 to McGill Martin Self, Inc.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Resolution 18742 (Exhibit A), which was adopted on July 22, 1997, authorized Ayers Land
Company to construct and receive partial TDIF credit for Telegraph Canyon Road Improvements
from Paseo del Rey to 1100 feet east of Paseo Ladera (TDIF Project #3) and a portion of East
Palomar Street from Oleander Avenue to Medical Center Drive (TDIF Project #15). In accordance
with Transportation DIF Ordinances 2251 and 2289, Ayers submitted copies of invoices and
payment receipts for these projects, along with copies ofTC Construction's original bid estimate.
Additionally, Ayers submitted similar information for Medical Center Drive/Brandywine Avenue,
which is not part of the current TDIF program but is being proposed for inclusion in the upcoming
TDIF update.
Based on an initial review of the information submitted to the City, it appeared that the audit would
be a time consuming process. All the work associated with the subdivision was combined into one
contract, so some costs associated with the road projects were combined with other subdivision costs
(particularly for earthwork items). Although marked-up copies of the bid were included with the
invoices, the invoices themselves were not itemized, so staff could not easily determine if the actual
quantities were the same as the bid quantities.
9~/
Page 2, Item_
Meeting Date 10/12/99
Additionally, the City has been involved in discussions with Ayers regarding the upcoming revisions
to the TDIF. Since the public hearing for the TDIF update will be held in October 1999, and the
TDIF updates had become part of the discussion with Ayers, it was important to have the audits
performed as quickly as possible.
Due to the urgency of this project and its time-consuming nature, it was determined that the most
expeditious way to complete this work was to obtain an estimate and enter into a contract with a firm
currently working with Engineering staff and familiar with City policies. An initial estimate of
$20,000 was obtained in a letter received on August 17, 1999 from Harry Burrowes of McGill
Martin Self, Inc. (MMS) (Attachment A). An additional $15,000 was added to this estimate per the
letter dated September 16, 1999 from Maura Bonnarens (Attachment B) due to the need to
completely recalculate all quantities for TDIF -reimbursable items from the construction plans.
Preparation of a Request for Proposals and a formal interview process was not required, since the
total amount of $35,000 is lower than the $50,000 limitation on the informal negotiation process.
The price of $35,000 is appropriate for the amount of effort involved. For example, Willdan
Associates' contract for an audit of Assessment District 97-2, which includes the construction of
three streets and involves a generally similar amount of effort, was awarded at a not to exceed
amount of$31,727.
The scope of work for this contract includes the following tasks:
1. Review of the City's TDIF ordinances and policies, construction plans, bid documents,
invoices and receipts, and change orders
2. Preparation and revision of separate spreadsheets for each roadway project identifying each
TDIF eligible item
3. Review of construction plans and calculation of TDIF eligible quantities for each bid item
and change order
4. Meeting with City staff and representatives of Ayers Land Company and TC Construction
5. Preparation of a final audit report
FISCAL IMP ACT: Funds to pay the consultant will be taken from the Transportation DIF
Administration Fund. There are sufficient funds available to cover the $35,000 maximum
contractual amount. The cost of the contract will be subtracted from the amount of TDIF to be
credited or reimbursed to Ayers for construction of the road facilities involved. Therefore, in the
long run there will be no net fiscal impact to the City.
Attachments:
A. Letter received August 17, 1999 from Harry Burrowes
B. Letter dated September 16, 1999 from Maura Bonnarens
H:IHOMEIENGINEERIAGENDA IMMSSUN2.WPD
9~c2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AGREEMENT FOR
PROFESSIONAL SERVICES NOT TO EXCEED $35,000 TO
McGILL MARTIN SELF, INC. FOR TRANSPORTATION
DEVELOPMENT IMPACT FEE AUDITS ON PORTIONS OF
MEDICAL CENTER DRIVE, EAST PALOMAR STREET AND
TELEGRAPH CANYON ROAD CONSTRUCTED BY AYERS
LAND COMPANY
WHEREAS, in order to determine the final Transportation
Development Impact Fee (TDIF) credit or reimbursement due to a
developer after construction of a TDIF facility is complete, an
audit must be performed; and
WHEREAS, due to the urgent need to complete the audit,
staff exercised its authority pursuant to section 2.56.110 of the
Municipal Code for the immediate hiring of a consultant to perform
the audit; and
WHEREAS, due to the magnitude of the contractual amount
awarded to McGill Martin Self, Inc. over the past year for services
relating to Olympic Parkway (maximum compensation of $1,780,500),
the City Attorney recommended that this contract be taken to
Council for ratification.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby ratify the Agreement for
Professional Services not to exceed $35,000 to McGill Martin Self,
Inc. for Transportation Development Impact Fee Audits on portions
of Medical Center Drive, East Palomar Street and Telegraph Canyon
Road constructed by Ayers Land Company.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
torney
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Mr. Cliff Swanson, P.E.
City Engineer
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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Re: Sunbow Construction Audit
(Telegraph Canyon Road, Medical Center Dr./Brandywine Rd., and E. Palomar)
Chula Vista, CA
Dear Mr. Swanson:
McGill Martin Self, Inc. (MMS) is pleased to submit this letter proposal to perform a
construction audit for the above referenced project. A construction audit is required to
ascertain the amounts of Transportation Development Impact Fee (TDIF) credits to be
allowed for these constructed improvements.
It is our understanding that a lump sum contract was let to TC Grading Company, Inc. for the
construction of Sun bow grading (Phases 1 and 2) as well as portions of Telegraph Caynon
Rd., Medical Center Dr./Brandywine Dr. and E. Palomar. To determine the appropriate fee
credits, it will be necessary to allocate the costs within the lump sum contract such that a
reasonable amount can be assigned to each portion of the work.
Scope of Work
MMS will perform the following tasks for the audit of the Sunbow construction contract:
1. Meeting with City staff to confirm scope and gather applicable project data for the
audit.
2. Review the following, if available:
Project plans and drawings, bid documents, construction documents and
specifications
Contractor's bid and bonds
Change order drawings, field directives, and cost proposals
Construction change orders
Monthly pay estimates
Final pay estimates and records
Project close-out documentation
3. Meetings and/or coordination with personnel from Sunbow, Leastar, TC Grading,
and other entities as required to gather data and ascertain information.
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Mr. Cliff Swanson
August 16, 1999
Page 2
4. Prepare a spreadsheet showing:
Specific costs which can be easily allocated to segments of the roadways
General costs which can be reasonably allocated to different segments
Costs which are not easily be allocated
5. Meet with City Staff to discuss allocation of costs and assumptions. Confirm
methodology and assumptions.
6. Prepare final audit report for review and distribution.
If it becomes apparent that MMS cannot reasonably allocate the costs among the various
segments of roadways, we will report back to the City before proceeding into detailed
analysis.
Estimated Fees
Based upon our understanding of the project scope and our discussion, MMS suggests a
project budget of $20,000.00 be reserved for this project. MMS will bill the City on a time
and materials basis against the attached charge rate schedule. MMS will immediately assign
staff to this project and will provide a final audit to the City no later than August 26, 1999.
Please call me if you have any questions or comments. Again, thank you for the opportunity
to propose on this work.
in Self, Inc.
Burrowes, P.E.
Project Manager
If this proposal is acceptable to you, please sign below and return a copy to us. Thank you.
Date:
John Coggins
Purchasing Agent
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McGill Martin Self
Fax:925-988-0170
Sep 16 '99 14:13 P.01/02
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September 16, 1999
VIA FACSIMILE TO 619-691-5171
Transmitting two pages
Mr. Cliff Swanson, P.E.
City Engineer
City of Chula Vista
27b t..ourth Avenue
Chula Vista, CA 91910
Re: Sunbow Construction Audit
(Telegraph Canyon Road, Medical Center Drive/Brandywine Road, and
East Palomar Street)
Chula Vista, CA
(MMS Job #2035)
Dear Mr. Swanson:
McGill Martin Self. Inc. (MMS), has been proceeding with the work on the construction
audit for the above referenced project. We have completed the following tasks to date:
.
Met with City staff to review scope and gather applicable project data for the audit.
Reviewed the data provided by the City, including the project plans, bid documents,
Contractor's bids, and pay requests.
Conducted a detailed quantity take-off from the project plans for TDIF eligible items.
Prepared memos describing MMS's approach to the project. These memos included
spreadsheets identifying the quantities and associated costs for the TDIF eligible items
for each of the roads (Telegraph Canyon, Medical Center Drive/Brandywine Road, and
East Palomar Street).
Met with City staff on four separate occasions to review the progress of the project and
formulate a continuing project plan.
Met with representatives of Sunbow to discuss the audit.
Met with Ci~ staff and representatives of Sunbow to review the audit and to determine
the next course of action.
.
.
.
.
.
.
It has become apparent that the initial budget of $20,000 established for this project will not
be sufficient to cover the work that MMS has been asked to complete. MMS is asking that
an additional $15,000 be budgeted for the project. This will cover the cost of the detailed
quantity take-off (including earthwork calculations) that was necessary to adequately
determine the construction costs that are TDIF eligible. At the time that the initial scope for
the project was developed, it was not anticipated that this quantity take-off would be
necessary to complete the audit. In addition~ MMS has been asked to perform a similar level
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McGill Martin Self
Fax:925-988-0170
Sep 16 '99 14:14
P.02/02
Mr. Cliff Swanson, P.E.
September 16, 1999
Page 2
of detailed review of the construction change orders for the project. This work also will be
covered by the increased budget. MMS will continue to bill this job on a time and materials
basis against the total budget.
Weare currently trying to set up a meeting with TC Construction to review the change orders
in more detail. We anticipate completing the work by September 3D, 1999, pending
authorization of the additional budget for the project and rc's availability to meet with us.
Please call me if you have any questions or comments.
Sincerely,
McGILL MARTIN SELF, Ine
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Maura A. Bonnarens, P .E.
Project Manager
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Agreement between
City of Chula Vista
and
McGill Martin Self, Inc.
for Consulting Services Relating to Development Impact Fee Audits
This agreement ("Agreement"), dated 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,the City of Chula Vista, by Resolution 18742 on July 22, 1997, authorized Ayers
Land Company, Inc. (Ayers), to construct Telegraph Canyon Road improvements and East
Palomar Street from Oleander A venue to Medical Center Drive and receive credit against
development impact fees; and,
Whereas, in order to receive full Transportation Development Impact Fee (TDIF)
credit/reimbursement in accordance with Ordinances 2251 and 2289, Ayers submitted invoices and
receipts to the City in August 1999 for the above projects plus a proposed TDIF project at Medical
Center Road/ Brandywine Avenue; and,
Whereas, in order to complete the audit of Ayers' submittal in a timely manner, the City
requires consultant services; 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;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Standard Form Two Party Agreement (Thirteenth Revision)
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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.
E. Standard of Care
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Standard Form Two Party Agreement (Thirteenth Revision)
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Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
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May 25, 1999
Standard Form Two Party Agreement (Thirteenth Revision)
Page 3
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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", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
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Standard Form Two Party Agreement (Thirteenth Revision)
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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 Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
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Standard Form Two Party Agreement (Thirteenth Revision)
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It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an 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.
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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 Defmed Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants 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
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Standard Form Two Party Agreement (Thirteenth Revision)
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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 misconduct of the City, its officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited. by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
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
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Standard Form Two Party Agreement (Thirteenth Revision)
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satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants" .
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re-
ports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13 . Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's work
products. Consultant and any of the Consultant's agents, employees or representatives are, for all
purposes under this Agreement, an independent contractor and shall not be deemed to be an
employee of City, and none of them shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
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May 25, 1999
Standard Form Two Party Agreement (Thirteenth Revision)
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accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
1'6. 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 Defmed Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City I 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
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May 25, 1999
Standard Form Two Party Agreement (Thirteenth Revision)
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States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified,
waived or discharged except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Standard Form Two Party Agreement (Thirteenth Revision)
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Signature Page
to
Agreement between City of Chula Vista and McGill Martin Self
for Consulting Services Related to Development Impact Fee Audits
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:
,19_
City of Chula Vista
Dated:
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated:
McGill Martin Self, Inc.
By:
Michael R. McGill, P.E.
President
By:
Harry G. Burrowes, P.E.
Vice-President
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Exhibit List to Agreement
( X) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
McGill Martin Self, Inc.
1. Effective Date of Agreement: October 13, 1999
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:
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
McGill Martin Self, Inc.
1500 Newall Ave., Suite 700
Walnut Creek, CA 94596-518
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
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6. Place of Business, Telephone and Fax Number of Consultant:
310 Third Avenue, Suite C-5
Chula Vista, California 91910
Voice Phone (619) 425-1343
Fax Phone (619) 425-1357
7. General Duties:
The Consultant shall perform an audit of the costs, invoices and receipts for the construction of
portions of Telegraph Canyon Road, Medical Center Drivel Brandywine Drive and East Palomar
Street which were constracted by Ayers Land Company (Ayers) in order to determine the amount
of construction cost eligible for credit or reimbursement from the Transportation Development
Impact Fee (TDIF).
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Scope of Work shall include the following tasks:
Task 1: Obtain and review City's TDIF ordinances and policies, construction plans, bid
documents, contractor's bid and bond, construction invoices and receipts, construction change
orders, and pay estimates.
Task 2: Prepare separate spreadsheets for each roadway project identifying each TDIF eligible
item, including the quantity, unit price and total cost for individual items. Total TDIF eligible
costs shall also be provided for each cost category and for each roadway project as a whole.
Categories which may be TDIF eligible but cannot be easily allocated shall be identified.
Task 3: For items identified as partly or completely TDIF eligible, consultant shall perform a
detailed quantity take off. This shall include review of construction plans and calculation of
quantities for each item based on the units identified in the TC Construction estimate. These
calculations shall include all items include under the category "Earthwork", even those items
which have been bid for the entire development. The TDIF reimbursable portion of the storm
drain expenditures shall be determined in accordance with City policies. All change orders shall
be included in this analysis.
Task 4: Revise spreadsheets based on the revised quantities derived in Task 3. Only the quantities
which are found to be TDIF reimbursable shall be included.
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Task 5: Meet with City staff as needed and! or as requested by the City in order to obtain
feedback on assumptions made and methodology used by the Consultant, on the spreadsheets
prepared and revised under Tasks 2 and 4 and on other memorandums and documents prepared
by the conultant. Consultant shall meet with TC Construction and Ayers as needed in order to
gather data and verify information. Consultant shall also meet with Ayers at the City's request
in order to discuss the results of the audit.
Task 6: Prepare the final audit report, which shall incorporate any revisions requested by the
City. The report shall explain assumptions made and methodology used by the consultant, discuss
differences between quantities and costs given in the TC Construction spreadsheet and those
derived by the consultant, cite references used to prepare the report, and provide
recommendations. Separate recommendations should be provided for each roadway project, with
separate discussions to explain differences among the projects. Revised spreadsheets for the three
projects shall be included.
B. Date for Commencement of Consultant Services:
(X ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Five copies of the final audit report will be due by October 19,
1999
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
October 19, 1999
9. Insurance Requirements:
(X )
(X )
(X )
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
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( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
Copies of City TDIF Ordinances and policies, approved construction plans for all roadway
projects involved in the audit, submittals provided to the City by Ayers Land Company for audit
purposes.
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
, payable as follows:
Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( )
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May 25, 1999
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
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payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defmed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
( )
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May 25, 1999
Fee for Said Phase
$
$
$
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
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Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
c. () Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defmed Services herein required of Consultant for $35,000
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Senior Principal
Principal
Departmentl Project Manager
Senior Professional
Associate Professional
Assistant Professional
Clericall Technical Assistant
Michael McGill
Harry Burrowes
Maura Bonnarens
Varies
Varies
Varies
Varies
$150.001 hour
$135.001 hour
$120.001 hour
$110.001 hour
$100.001 hour
$ 85.001 hour
$ 55.001 hour
( )
Hourly rates may increase by 6% for services rendered after [month], 19
, if delay in providing services is caused by City.
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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: Clifford L. Swanson
Deputy Public Works Director/ City Engineer
Phone: 691-5142
Consultant: Harry Burrowes
McGill Martin Self, Inc.
14. Liquidated Damages Rate:
( ) $_per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( ) Not Applicable. Not an FPPC Filer.
(X ) FPPC Filer
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() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
(X) Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
( X) 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.
( X) 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:
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A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Invoice to be submitted after all work on this contract is complete
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( X ) Other:
C. City's Account Number: Transportation DIF Administration Fund
Account No. 59120-6301
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage: %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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COUNCIL AGENDA STATEMENT
Item I?J
Meeting Date 10/12/99
ITEM TITLE: Resolution Approving the submittal to the California
Public Utilities Commission of three (3) project applications for the Fiscal
Years 2000/01 and 2001102 Gra e Separation Priority List
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage~" (4/5ths Vote: Yes_No X )
The City has received an Order Instituting Investigation (011) from the California Public Utilities
Commission for the purpose of establishing a new Grade Separation Priority List (Priority List)
for fiscal years 2000/01 and 2001102. The 011 requests project applications for grade separation
of existing or proposed crossings at city streets, county roads, or state highways in need of
separation, or projects affecting the elimination of a grade crossing by removal or relocation of
streets or railroad tracks, or existing separation in need of alterations or reconstruction. The
current regulations require that official applications be submitted in order for projects to be
considered for nomination to the Priority List. In order for the application to be official, Council
must approve a resolution authorizing its submittal. Projects will be ranked after all the
applications have been evaluated by the Commission. The California Department of
Transportation (Calttans) will then require the submittal of funding allocation applications for
projects that scored high on the Priority List.
RECOMMENDATION: That Council approve a resolution approving the submittal to the
California Public Utilities Commission of three (3) project applications for the Fiscal Years (FY)
2000/01 and 2001/02 Grade Separation Priority List
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The California Public Utilities Commission is required, pursuant to Section 2452 of the Streets
and Highways Code (S&H), to establish and furnish to the California Transportation Commission
(CTC) a priority list of existing or proposed crossings at grade in need of separation. That
includes the elimination of existing and proposed grade crossings, the elimination of grade
crossing by removal or relocation of streets or railroad tracks, and existing grade separation in
need of alteration or reconstruction. The priority list, based on the criteria established by the
Commission, includes projects on city streets, county roads, and state highways.
The current Priority List will expire on June 30, 2000, thereby necessitating the establishment of
a new Priority List for Fiscal Years (FY) 2000/01 and 2001102. Also, in order to comply with
the new deadline requirements established by Senate Bill (SB) 960 which requires all quasi-
legislative Commission proceedings be completed in a timely manner not to exceed eighteen (18)
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Meeting Date 10/12/99
months, the Commission is revising the handling of this two-year program. The deadline for new
project submittals is October 15, 1999. The Commission will establish one Priority List in the
first year to be used for a two-year period. This new priority list, established by the OIl from the
California Public Utilities Commission, will serve for fiscal years 2000/01 and 2001/02, and will
not require the revision of the list in the second year. The Commission will be responsible for
establishing the criteria to be used in determining the rank of nominated projects.
Subsequent to the Commission's issuance of the annual Grade Separation Priority List, Caltrans
will accept applications for funding from projects that have been chosen from the Prio rity List on
or before April 1 of each fiscal year. Caltrans and CTC will use the Priority List to allocate a
statewide total $15 million ($5 million maximum per project) each fiscal year to assist local
governments in financing their respective projects.
The following is a listing of the projects that we propose to submit to the California Public
Utilities Commission for the FY 2000/01 and 2001/02 Grade Separation Priority List:
1) "E" Street Trolley Station
2) "H" Street Trolley Station
3) Palomar Street Trolley Station
The proposed Grade Separation Projects are considered essential to the traffic movement and
prompt response of police, fire and other emergency vehicle within the City of Chula Vista.
"E" and "H" Streets are both four-lane majors connecting to interchanges at Interstate 5. Palomar
Street is a six-lane arterial east of the railroad tracks and four-lane west of the railroad tracks.
These three streets provide for major east-west traffic into the City. "E" and "H" Streets carry
27,850 and 28,200 vehicles per day, respectively. Palomar Street carries 41,480 vehicles per day.
These three streets cross two tracks of the San Diego and Arizona Eastern (SD&AE) Railway.
"E" and "H" Street crossings are adjacent to the freeway ramps. The San Diego Trolley Light
Rail Transit (LRT) South Line currently operates on an 8-minute headway during the peak hours
and 15 minutes throughout the rest of the day. The San Diego and Imperial Valley (SD&IV)
Railroad operates freight trains with at least one round trip per day.
Construction of the Grade Separation Projects will eliminate the current traffic delays and possible
accidents that may result from conflicting LRT and vehicle traffic. The proposed project would
eliminate undesirable conditions, and is the most effective alternative to provide for improved
heavy traffic and high LRT volume movements through these crossings.
The proposed project will consist of constructing an elevated track (bridge) over the three streets
to support the SD&AE mainline tracks as well as the San Diego Trolley. The tracks will be raise d
approximately 23 feet above the existing grade. Since final construction plans have not been
designed, specific design details have not been determined. In 1995, the Metropolitan Transit
Development Board (MTDB) submitted applications for the "E" and "R" Streets Grade Separation
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. Page 3, Item_
Meeting Date 10/12/99
projects. The projects did not rank high enough to merit a nomination. The projects are listed
in priority order in the following table:
Grade Separation Project at: Construction R-O-W, Total
Engineering &
Administration
1. "E" Street $13,155,000 $2,225,000 $15,380,000
2. "H" Street $15,155,000 $2,225,000 $17,380,000
3. Palomar Street $15,155,000 $2,225,000 $17,380,000
TOTAL $43,465,000 $6,675,000 $50,140,000
Funding for such projects is based on the annual priority list and is provided by Section 190 of
S&H Code. The basis for allocation and state requirements are contained in S&H Code Sections
2450-2461. The standard allocation ratio for new grade separation crossings is 50% of the
estimated project cost, with the remaining 50% contributed by the local agency. MTDB and the
City of Chula Vista currently do not have funds allocated for these projects. However, if any of
these projects rank high on the Priority List and get nominated for the program, the City and
MTDB will need to appropriate the local matching funds. The City will then request MTDB to
be the lead agency for the preparation of plans and specifications.
A copy of the application package is located in the City Clerk's Office for Council's review.
FISCAL IMPACT: Potential total revenue to the City of $15,000,000. The actual amount is
dependent upon which of the projects is nominated and approved for funding. These projects will
require additional local funding. This resolution approves the submittal of the applications only,
and does not formally approve the implementation of the projects. These projects will be
submitted for approval in the appropriate fiscal year.
File No.: 0740-75-KY026
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL TO THE
CALIFORNIA PUBLIC UTILITIES COMMISSION OF
THREE (3) PROJECT APPLICATIONS FOR THE FISCAL
YEARS (FY)2000/01 AND 2001/02 GRADE SEPARATION
PRIORITY LIST
WHEREAS, the City has received an Order Instituting
Investigation (011) from the California Public utilities Commission
(Commission) for the purpose of establishing a new Grade Separation
Priority List (Priority List) for the fiscal years 2000/01 and
2001/02; and
WHEREAS, the 011 requests project applications for grade
separation of existing or proposed crossings at a grade of city
streets, county roads, or state highway in need of separation, or
projects affecting the elimination of grade crossing by removal or
relocation of streets or railroad tracks, or existing separation in
need of alterations or reconstruction; and
WHEREAS, the current regulations require that official
applications be submitted in order for projects to be considered
for nomination to the Grade Separation Priority List; and
WHEREAS, in order for the application to be official,
Council must approve a resolution authorizing submittal of the
Fiscal Year (FY) 2000/01 and 2001/02 Grade Separation Projects; and
WHEREAS, each project submitted will be ranked after all
the applications have been evaluated by the Commission and the
California Department of Transportation (Caltrans) will then accept
applications for project funding based on the priority list and
available funding.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the submittal to the
California Public utilities Commission of three (3) project
applications for the Fiscal Years 2000/01 and 2001/02 Grade
Separation Priority List.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
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COUNCIL AGENDA STATEMENT
Item: / I
Meeting Date: 10/12/99
ITEM TITLE: Resolution Amending the FY1999-2000 Public Works
Budget by appropriating $31,000 to demolish and abate lead
contamination of the Bonita Optimist Center buildings located on
City property in Rohr Park and appropriating $11,050 for
compensation of lost revenue to the Bonita Optimist Club.
SUBMmED BY: Deputy Director of PUb~'\'("~rkslOperatiOn~
REVIEWED BY: City Manag~~~4Y5th Vote: (~Yes _No)
On February 5, 1999, the City received a notice from the San Diego County Department
of Environmental Health. The notice reported a case of lead contamination on the
premises of the Bonita Optimist Center located on City property in Rohr Park. An
inspection of the property by the Department of Environmental Health revealed several
areas with lead contamination. As the owners of the property, the City is obligated to
take action to abate the contamination.
STAFF RECOMMENDATION: That Council approve interim use of Rohr Manor for the
Bonita Optimist Club to use as a meeting facility through the calendar year.
Appropriating $31,000 from the unappropriated balance of the Residential Construction
Tax Fund to demolish the buildings and abate the lead contamination and $11,050 from
the unappropriated balance of the General Fund to compensate the Bonita Optimist
Club for lost rental revenue.
BOARDS AND COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The City acquired the property on which the Bonita Optimist Center is
located in Rohr Park, by quitclaim in October 1984, from the County of San Diego. At
the same time, the City received other adjacent property at Rohr Park from the County.
The property consists of a main building, a garage/apartment structure and storage
shed. The City honored the existing "use agreement" between the County and the Club
and negotiated a new lease agreement with the Club in 1988, when the County lease
expired. The current lease agreement will expire in 2003.
The main building is used as a "community center", and is operated by the Bonita
Optimist Foundation, a non-profit organization. The main building also has living
quarters upstairs and an apartment over the garage. The rental revenue generated is
used to support the Club's philanthropic activities.
On February 5, 1999, the City received a notice from the Department of Environmental
Health of a lead poisoning investigation. It was reported that there was an elevated
lead level in the blood of a child residing in the upstairs apartment. Samples collected
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Page 2, Item:
Meeting Date: 10/12/99
at the site by the County were found to contain hazardous levels of lead. As the owner
of the property (notwithstanding the Hold Harmless portion of the lease), the City is
obligated to abate lead hazards on the property.
Public Works Operations took the following action to abate the lead contamination.
First, an independent environmental consultant, Design for Health Inc., was contracted
to do an assessment of asbestos and lead contamination on the grounds and building.
Fifty-four (54) samples were collected from the main building and tested for lead
concentrations. Twenty-eight (28) test samples were in the "hazardous or dangerous"
levels of lead contamination per the California Department of Public Health standard.
There were three samples of high lead count in the children's' bedroom area. Similar
lead concentration levels were found in the other two buildings. Samples tested for
asbestos revealed small amounts of asbestos material in the main building basement
and linoleum flooring (Attachment "A").
Second, the Department notified the Club to terminate the lease agreement with the
tenants and offered City assistance in the relocation of the family. The Club installed
protective covering on the known lead areas to reduce the exposure to the two young
children residing in the apartment. (Recently, the family vacated the property and
purchased a home).
After the initial visual inspection of the buildings by City staff, it was requested that staff
from the Fire Marshall's Office and the Building and Housing Division conduct an
inspection of the buildings for safety and building code compliance. The reports from
the Fire Marshall and the Senior Building Inspector noted several severe fire and
building code infractions (Attachments "B" and "C").
The major deficiencies noted by the Building and Housing Department were:
1. The Building's use as a "Community Center is not in compliance with ADA
requirements.
2. The building has extensive dry rot and termite damage, several code violations in
the kitchen, damage to east wall (bowing out), floor settling throughout the building,
electrical code violations, the southeast corner of Garage building foundation is
deteriorated, etc.
The Fire Marshall's staff noted over thirty-eight (38) deficiencies not in compliance with
the State Fire Marshall's Rules and Regulations and the City of Chula Vista Fire
Department requirements.
The Public Works Operations' Building Project Supervisor proceeded to obtain two cost
estimates for the abatement of the asbestos and lead contamination. The first estimate,
to save the buildings and to abate the lead and asbestos contamination was $50,000 to
$75,000. The second estimate, to demolish the buildings and remove the contaminated
jfpersonala 1131eadpoisoning 1 0/06/99
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Meeting Date: 10/12/99
materials from the site was $27,000 to $31,000. Both scenarios require the work to be
done by a lead abatement contractor approved by the state. If the decision is made to
save the buildings, major renovation will be required to make the building ADA
compliant and all of the safety and building violations will need to be addressed. Staff
estimate repairs and renovation could exceed $100,000. The total cost to abate and
renovate the building would be in the range of $175,000 to $200,000.
Several meeting have been held with a Committee of Club members, Public Works'
staff, City Manager's staff and County Supervisor Cox's staff to discuss the situation
and explore various options. Options discussed were:
1. Save the building. It is the consensus that the cost associated with this option was
not economically sound.
2. Terminate the lease agreement and assist the Club in finding a new location in the
Bonita Area and demolish the building. Staff investigated two possible facilities to
relocate the Bonita Optimist's operations. First, the Bonita-Sunnyside Fire Station
Community Room can accommodate 25 to 30 people but is too small to meet the
club's needs. The second alternative, the Chula Vista Woman's Club has kitchen
facilities to handle the Club's weekly breakfast meetings. The neg~tives are the
distance from the Bonita area and scheduling conflicts with the Club and City's rental
commitments.
3. Demolish the buildings and move the Club's operation to Rohr Manor on an interim
basis through the calendar year. This interim use will enable the Club to fulfill its
pending commitments. At the same time, it would provide the Club time to find a
new meeting facility and formulate a plan for a permanent solution.
4. Demolish the building, grade the site to enlarge the pad, and enter negotiations with
the County to construct a County library/Community Center. A comprehensive
analysis of cost, funding sources, and future park needs should be undertaken
before a decision on the utilization of this property is made.
One other option discussed among City staff was to allow the Club to continue
operations through the calendar year and require full indemnity to the City. The City
Attorney and the Fire Marshall oppose this option because the known dangerous
conditions of the buildings will not release the City from liability (Attachment "0").
Deputy Director of Public Works/Operations recommends Option #3 to relocate the
Club's activities to Rohr Manor and to compensate the Club for the lost revenue
resulting from the relocation. This will enable the Club to meet their charitable
commitments to local groups. Furthermore, City staff will facilitate further discussions
with County staff regarding a potential location of a new County library/Community
Center on the existing site. If positive progress is made in these discussions, the
Department would support extending the use of Rohr Manor by the Bonita Optimist
jfpersonala 113leadpoisoning 10/07/99
3
/)/3
Page 4, Item:
Meeting Date: 10/12/99
Club. The Library and Recreation Director, who oversees the use of Rohr Manor,
supports interim usage through the calendar year.
At a series of meetings between City staff and the Optimists, the Club was asked to
identify financial losses resulting from the City's mandate to cease building rentals and
other revenue functions at the Club. The Club submitted a letter (attachment "Eft)
identifying lost revenue since July 1,1999 based on the Club's revenues for the first six
months:
Rental Income
Bonitafest Barbecue
Craft Fair
$9,200
$1,200
$ 650
$11,050
Because of the social services provided to the community by the Optimists, staff
indicated that they would entertain reimbursement of the identified costs.
Consequently, staff recommends reimbursement to the Bonita Optimists of $11,050.
FISCAL IMPACT: $31,000 will need to be appropriated from the Residential
Construction Tax Reserves to demolish the buildings and $11,050 from the General
Fund Reserves required to compensate the Bonita Optimist Club for lost rental revenue.
Attachments:
A: Design for Health, Inc. report
B: Report from Captain Thomas, Acting Fire Marshall
C: Report from, Brad Remp, Department of Planning and Building
D: Letter from City Attorney
E. Letter from Bonita Optimist
jfpersonala 113leadpoisoning 1 0/07/99
4
///1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1999-2000 PUBLIC
WORKS BUDGET BY APPROPRIATING $31,000 TO
DEMOLISH AND ABATE LEAD CONTAMINATION OF THE
BONITA OPTIMIST CENTER BUILDINGS LOCATED ON
CITY PROPERTY IN ROHR PARK AND APPROPRIATING
$11,050 FOR COMPENSATION OF LOST REVENUE TO
THE BONITA OPTIMIST CLUB
WHEREAS, on February 5, 1999, the City received notice
from the San Diego County Department of Environmental Health of a
lead contamination on the premises of the Bonita Optimist Center
located on City property in Rohr Park; and
WHEREAS, the Bonita Optimist Club and the City negotiated
a new lease agreement for the premises in 1988; and
WHEREAS, an inspection of the property by the Department
of Environmental Health revealed several areas with lead
contamination; and
WHEREAS, as the owner of the property, the City is
obligated to take action to abate the contamination; and
WHEREAS, Public Works Operations hired a state-approved
independent consultant to do an assessment of asbestos and lead
contamination of the property; and
WHEREAS, the results of the assessment revealed both the
presence of lead and asbestos on the property; and
WHEREAS, staff from the Fire Marshal's Office and the
Building and Housing Division also conducted inspections for safety
and building code compliance; and
WHEREAS, said inspections revealed building code and fire
code deficiencies; and
WHEREAS, upon learning of the results of the inspections
staff notified the Bonita Optimist Club that the City would be
terminating the lease agreement; and
WHEREAS, staff recommends approving the interim use of
Rohr Manor by the Bonita Optimist Club through the calendar year to
fulfill current commitments; and
WHEREAS, said use may be extended if positive progress is
made in discussions between City and County staff regarding a new
site for a County Library/Community Center; and
,/
/J~
WHEREAS, it is necessary to appropriate $31,000 from the
unappropriated balance of the Residential construction Tax Reserves
to demolish the buildings and abate the lead contamination and
$11,050 from the unappropriated balance of the General Fund to
compensate the Bonita Optimist Club for lost rental revenue.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the FY 1999-2000 Public Works
Budget by appropriating $31,000 from the Residential Construction
Tax Reserves to demolish the buildings and abate the lead
contamination of the Bonita Optimist Center located on City
property in Rohr Park and by appropriating $11,050 from the
unappropriated balance of the General Fund to compensate the Bonita
Optimist Club for lost rental revenue.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
H:\home\attorney\reso\optimist.app
///?
ATTACHMEKT A
O.Desi9n For Hearth) Inc.
.n
L-J
t~ ~ ..'I' ~
BULK SAMPLE A.NAL YSIS REPORT
CLIENT:
City of Chula Vista
Department of Public Works
707 F Street
Chula Vista, CA 92010
Attn: Dick Thompson
Three bulk samples collected for analysis of asbestos material.
Polarized Light Microscopy/Dispersion Staining
EPA Method 600fM4-82-020
ANAL YSIS:
ANAL Y1ICAL
METHODOLOGY:
RESULTS
OPTIMIST CLUB SHED
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab
Date
Lab
LD.
Sample
Description
Asbestos
Type
%, b~'
Volume
03/11/99
152319
Black roofIng material
Roof - east
Sample #1
(Non-friable)
Asbestos
Cellulose
Matrix
ND
10-15~~
Filler
03/11/99
152320
Black roofmg material
Roof - south
Sample #2
(Non-friable)
As bestos
Cellulose
Matrix
ND
20-30%
Filler
03/11199
152321
Black roofmg material
Roof - north
Sample #3
(Non-friable)
Asbestos
Cellulose
Matrix
ND
20-30%,
Filler
Trace = Less than 1 % is presenL ND = ~o asbestos detected.. method oflimit detection is 1 %. Results are based upon samples submitted for analysis only.
Asbestos includes chrysotiJe, amosite, crocidolite, anthophylite, tremolite and actinolite. This analytical report relates only to the samples tested. It may not be used hy
the client to claim product endorsement by ~VL...'\P or any agency of the u.S GovemmenL
In =-dance with Title 8 of the California Code of Regulations. Section 1529. (kXBX2), to demonstrate that the material is not asbestos containing mat.."1ial. samples
shall be collected as described in 40 CFR 763.86. Samples shall be collected by an accredited AHER.A. Building Inspector in the following format:
Surfacing Material (spray-applied or trowelled~n)
Up to 1000 square feet of material: a minimum of three (3) samples
1000 to 5000 square feet of material: a minimum offive (5) samples
Greater than 5000 square feet of material: a minimum of seven (7) samples
Thennal System Insulation
A minimum of three samples per system
NOTE: Tile, vinyl. foam, plastic and [me powder samples may contain asbestos fibers of such small dimensions that fibers may not be detected by PLM. If greater
certainty is required, more sensitive analytical methods such as X-Ray Diffraction, Transmission Electron Microscopy and Scarming Electron Microscopy are
recommended.
/t7
OPTIMIST CLUB MAIN BUILDING
4610 SWEETWATER RO.ID, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date I.D. Description Type Volume
03/11/99 152346 Yellow mastic Asbestos ND
Small kitchen Cellulose 2-3%
Sample #7 Matrix Filler
(Non-friable)
03/11/99 152347 Yellow mastic Asbestos ND
Small kitchen Cellulose 1-2%
Sample #8 Matrix Filler
(Non-friable)
03/11199 152348 Yellow mastic Asbestos ND
Small kitchen Cellulose 1-2%
Sample #9 Matrix Filler
(Non-friable)
03/11/99 152349 White dynvall Asbestos ND
Small kitchen Cellulose 5-10%
Sample # 10 Matrix Filler
(Non-friable)
03/11/99 152350 White drywall Asbestos ND
Small kitchen Cellulose 10-15%
Sample # 11 Matrix Filler
(Non-friable)
03/11199 152351 White drywall Asbestos ND
Small kitchen Cellulose 5-10%
Sample #12 Matrix Filler
(Non-friable)
03/11199 152352 Beige drywall tape Asbestos ND
Small kitchen Cellulose 10-15%
Sample #13 Matrix Filler
(Non-friable)
03/11/99 152353 Beige dr)",,"all tape Asbestos ND
Small kitchen Cellulose 3-5%
Sample #14 Matrix Filler
(Non-friable)
03/11/99 152354 Beige dr)'Wall tape Asbestos ND
Small kitchen Cellulose 3-5%
Sample #15 Matrix Filler
(N on- friable)
2 ///[5
OPTIMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date I.D. Description Type Volume
03/11199 152355 White drywall mud Asbestos ND
Small kitchen Cellulose 1-2%
Sample #16 Marrix Filler
(Non-friable)
03/11/99 152356 White drywall mud Asbestos ND
Small kitchen Cellulose 2-3%
Sample # 17 Marrix Filler
(Non-friable)
03/11/99 152357 White drywall mud AsbestOs ND
Small kitchen Cellulose 1-2%
Sample #18 Matrix Filler
(Non-friable)
03111199 152358 Grey stucco A ' ND
. .soestos
Small kitchen closet Cellulose 2-3%
Sample #19 Matrix Filler
(Non-friable)
03/11199 152359 Grey stucco Asbestos ND
Small kitchen closet Cellulose 1-2%
Sample #20 Matrix Filler
(Non-friable)
03111/99 152360 Grey stucco Asbestos ND
Small kitchen closet Cellulose 1-2%
Sample #21 Marrix Filler
(Non-friable)
03/11199 152361 White ceiling material Asbestos ND
Small kitchen Cellulose 1-2%
Sample #22 Marrix Filler
(Non-friable)
03/11/99 152362 \Vhite ceiling material Asbestos ND
Small kitchen Cellulose 2-3%
Sample #23 Matrix Filler
(Non-friable)
03111/99 152363 White ceiling material Asbestos ND
Small kitchen Cellulose 1-2%
Sample #24 Matrix Filler
(Non-friable)
///1
3
OPTIMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SO-1800-017-S
March 8. 1999
Lab Lab Sample Asbestos %by
Date LD. Description Type Volume
03/11199 152364 Brown linoleum Asbestos ND
Main kitchen Cellulose 3-5%
Sample #25 Matrix Filler
(Non-friable)
03111199 152365 Bro'Wll linoleum Asbestos ND
Main kitchen Cellulose 10-15%
Sample #26 Matrix Filler
(Non-friable)
03111/99 152366 Brown linoleum As bestos :ND
Main kitchen Cellulose 5-10%
Sample #27 Matrix Filler
(Non-friable)
03111/99 152367 YeIiow mastic A . ND
. .sbestos
Main kitchen Cellulose 3-5%
Sample #n lvlatrix Filler
(Non-friable)
03/11/99 152368 YeIlow mastic AsbestOs ND
Main kitchen Cellulose 1-2%
Sample #29 Matrix Filler
(Non-friable)
03111/99 152369 Yellow mastic Asbestos ND
Main kitchen Cellulose 2-3%
Sample #30 Matrix Filler
(Non-friable)
03111199 152370 Green linoleum Asbestos ND
Main kitchen Cellulose 3-5%
Sample #31 Matrix Filler
(Friable)
03111/99 152371 Green linoleum Asbestos ND
Main kitchen Cellulose 1-2%
Sample #32 Matrix Filler
(Friable)
03111/99 152372 Green linoleum Asbestos ND
Main kitchen Cellulose 1-2%
Sample #33 Matrix Filler
(Friable)
1/- /0
4
OPTIMIST CLUB ~L.uN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date LD. Description Type Volume
03/11/99 152373 Yellow mastic Asbestos ND
Main kitchen Cellulose 1-2%
Sample #34 Matrix F ille:-
(Non-friable)
03111/99 152374 Yellow mastic Asbestos ND
Main kitchen Cellulose ~ -01
;)-) /0
Sample #35 Matrix Filler
(Non-friable)
03111/99 152375 Yellow mastic Asbestos ND
Main kitchen Cellulose 2-3%
Sample #36 Matrix Filler
(Non-friable)
03/11/99 152376 Green/yellow linoleum Chrysorile 15-20%
lv1en's restroom Celiulose 3-5%
Sample #37 Matrix Filler
(Friable)
03111/99 1-)~""- Green/yellow linoleum Chrysotile 10-15%
) _;) I I
Men's restroom Cellulose 2-3%
Sample #38 Matrix Filler
(Friable)
03/11/99 152378 Green/yellow linoleum Asbestos ND
Men's restroom Cellulose 1-2%
Sample #39 Matrix F ille:-
(Friable)
03/11/99 152379 Yellow mastic Asbestos ND
Men's restroom Cellulose 3-5%
Sample #40 Matrix Filler
(Non-friable)
03111/99 152380 Yellow mastic Asbestos ND
Men's restroom Cellulose 2-3%
Sample #41 Matrix Filler
(Non-friable)
03111/99 152381 Yellow mastic Asbestos ND
Men's restroom Cellulose 2-3%
Sample #42 Matrix Filler
(Non-friable)
5 11/1/
OPTIMIST CLUB MAIN BUILDING
4610 SWEET\VATERROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date I.D. Description Type Volume
03111199 152382 \Vhite S.O.A.c. Asbestos ND
1st floor living room Cellulose 2-3%
Sample #43 Matrix Filler
(Friable)
03111/99 152383 White S.O.A.c. As bestos ND
1st floor living room Cellulose 1-2%
Sample #44 Matrix Filler
(Friable)
03111/99 152384 White S.O.A.c. Asbestos ND
1 st floor living room Cellulose 1-2~'(,
Sample #45 Matrix Filler
(Non-L-iable)
03/11/99 152385 Brovm floor tile (9X9) Asbestos ND
2nd floor living room Cellulose 1-2%
Sample #46 Matrix Filler
(Non-friable)
03/11199 152386 Brown floor tile (9X9) As bestos ND
2nd floor living room Cellulose 2-3%
Sample #47 Matrix Filler
(Non-friable)
03/11/99 152387 Brov.ll floor tile (9X9) Asbestos ND
2nd floor living room Cellulose 1-2%
Sample #48 Matrix Filler
(Non-friable)
03/11/99 152388 Black mastic Chrysotile 2-3%
2nd floor living room Cellulose 2-3%
Sample #49 Matrix Filler
(Non-friable)
03/11/99 152389 Black mastic Chrysotile 1-2%
2nd floor living room Cellulose 2-3%
Sample #50 Matrix Filler
(Non-friable)
03/11/99 152390 Black mastic Chrysotile 2-3%
2nd floor living room Cellulose 3-5%
Sample #51 Matrix Filler
(Non-friable)
j/"JJ-
6
OPTIMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos 0/0 by
Date J.D. Description Type Volume
03/11/99 1523 91 White S.O.A.C. Asbestos ND
2nd floor living room Cellulose 2-3%
Sample #52 Matrix Filler
(F riab Ie)
03/11/99 152392 White S.O.A.C. Asbestos ND
2nd floor living room Cellulose 1-2%
Sample #53 Matrix Filler
(Friable)
03/11/99 152393 White S.O.A.c. Asbestos ND
2nd floor living room Cellulose 2-3%
Sample #54 Matrix Filler
(Friable)
03/11/99 152394 \Vhite S.O.A.C. Asbestos ND
2nd floor hallway Cellulose 2-3%
Sample #55 Matrix Filler
(Friable)
03/11199 152395 White S.O.A.c. Asbestos ND
2nd floor hallway Cellulose 1-2%
Sample #56 Matrix Filler
(Friable)
03111/99 152396 'White S.O.A.c. Asbestos ND
2nd floor hallway Cellulose 2-3%
Sample #57 Matrix Filler
(Friable)
03/11/99 152397 'White floor tile (l2X12) Asbestos ND
2nd floor hallway Cellulose 1-2%
Sample #58 Matrix Filler
(Non-friable)
03/11199 152398 'White floor tile (l2X12) Asbestos ~Tl)
2nd floor hallway Cellulose 1-2%
Sample #59 Matrix Filler
(Non-friable)
03111199 152399 White floor tile (l2X12) Asbestos ND
2nd floor hallway Cellulose 1-2%
Sample #60 Matrix Filler
(Non-friable)
7 //~)J
OPTIMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-01 i-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date LD. Description T 'ype Volume
03/11/99 152400 Yellow mastic Asbestos ND
2nd floor hallway Cellulose ... ""01
;J-) /0
Sample #61 Matrix Filler
(Non-friable)
03/11/99 152401 YeHow mastic Asbestos ND
2nd floor hallway Cellulose 2-3%
Sample #62 Matrix Filler
(Non-friable)
03/11/99 152402 Yellow mastic Asbestos ND
2nd floor hallway Cellulose 3-5%
Sample #63 Matrix Filler
(Non-friable)
03/11/99 152403 Wnite drywall Asbestos ND
2nd floor master bedroom Cellulose 2-3%
Sample #64 Matrix Filler
(Non-friable)
03/11/99 ]52404 White drywall Asbestos ND
2nd floor master bedroom Cellulose 1-2%
Sample #65 Matrix Filler
(Non-friable)
03/11/99 152405 White drywall Asbestos ND
2nd floor master bedroom Cellulose 2-3%
Sample #66 Matrix Filler
(Non-friable)
03/11/99 152406 Beige drywall tape As bestos ND
2nd floor master bedroom Cellulose 2-3%
Sample #6i Matrix Filler
(Non-friable)
03/11/99 152407 Beige drywall tape Asbestos ND
2nd floor master bedroom Cellulose 5 -1 0%
Sample #68 Matrix Filler
(Non-friable)
03/11/99 152408 Beige dryv.all tape Asbestos ND
2nd floor master bedroom Cellulose 10-15%
Sample #69 Matrix Filler
(Non-friable)
8 //-/tj
OPTIMIST CLUB MA1NBUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date J.D. Description Type Volume
03/11/99 152409 Beige drywall mud Asbestos ND
2nd floor master bedroom Cellulose 2-3%
Sample #70 Matrix Filler
(Non-friable)
03/11/99 152410 Beige drywall mud Asbestos ND
2nd floor master bedroom Cellulose 3-5%
Sample #71 Matrix Filler
(Non-friable)
03/11/99 152411 Beige drywall mud As bestos ND
2nd floor master bedroom Cellulose 3-5%
Sample #72 l\1atrix Filler
(Non-friable)
03/11/99 152412 \^/hite S.O.A.c. Asbestos ND
2nd floor children's room Cellulose 1-2%
Sample #73 Matrix Filler
(Friable)
03/11/99 152413 White S.O.A.C. Asbestos ND
2nd floor children's room Cellulose 2-3%
Sample #74 Matrix Filler
(Friable)
03/11/99 152414 \\:rute S.O.A.c. Asbestos ND
2nd floor children's room Cellulose 2-3%
Sample #75 Matrix Filler
(Friable)
03/11/99 152415 Black roofmg material Asbestos ND
Roof Cellulose 10-15%
Sample #76 Glass Fibers 10-15 %
(Non-friable) Matrix Filler
03/11/99 152416 Black roofing material Asbestos ND
Roof Cellulose 10-15 %
Sample #77 Glass Fibers 20-30%
(Non-friable) Matrix Filler
03/11/99 152417 Black roofing material Asbestos ND
Roof Cellulose 20-30%
Sample #78 Glass Fibers 20-30%
(Non-friable) Matrix Filler
,/
9 j)/(':?
Trace = Less than 1 % is presenL ND = 1'0 asbestos detected. method ofIimit detection is 1 %. Results are based upon samples submined for analysis only.
Asbestos includes chrysotile. arnosite. crocidolite, anthophylite, tremolite and a..'"tinolite. Tnis analytical report relates only to the samples tested. It may no: be used by
the client to claim product endorsement by NVLAP or any agency o[the L.S. GoyemmenL
In a=rlance with Title 8 of the California Code of Regulations. Section 1529, (kXBX2). to demonstrate that the material is not asbestos containing materiaL samples
shall be collected as described in 40 CFR 763.86. Samples shall be collected by an accredited AHERA Building Inspector in the [ollowing [ormat:
Surfacing Material (spray-applied or troweIled-on)
Up to 1000 square feet of material: a minimum of three (3) samples
1000 to 5000 square feet of material: a minimum offive (5) samples
Greater than 5000 square feet o[ material: a minimum o[ seven (7) samples
I Thennal Svstem insulation
A minimum o[three samples per system
I
NOTE: Tile, vinyl, foam, plastic and fme powder sampies may contain asbestos fibers of such small dimensions that fibers may not be detected by PLM. If greater
certainty is required, more sensitive analytical methods such as X-Ray Diffraction. Transmission Electron Microscopy and Scanning Electron Microscopy are
recommended.
Tnis report shall not be reproduced except in full, and then only with the written approval of the DFH Laboratory.
Design For Health, Inc. appreciates the opportUnity to provide thes~ services.
Sincerelv.
~;~r-"
Kabir Shera
Director or T echIllcal Ser..ices
. Any lab number followed by a Jener is identifying a layered sampk The number with letters represents a subsample of the sample submined.
Tnis report has been reviewed for Quality Control by:
Kabir Shefa
Virginia 1... Shefa
D~nnis Gray _
Joseph Palmisano
"oP/"""
Carmen Zepeda {'" ---
JJ~/?
10
0.Desi9n For HeaLth) Inc.
.0
" d", f:'
r,' ,
,'L:;~ ~ ,'~ ,-'~i,~ "
BULK SAMPLE ANALYSIS REPORT
I. ~..... ~.... ,', l.'
r" " '., ,-
i .~.'. l"' :-' _:- ~
CLIENT:
City of Chula Vista
Department of Public Works
707 F Street
Chula Vista, CA 92010
Attn: Dick Thompson
ANALYSIS: Eighteen bulk samples collected for analysis of asbestos material.
ANAL '{TICAL Polarized Light Microscopy/Dispersion Staining
METHODOLOGY: EPA Method 6001M4-82-020
RESULTS
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date LD. Description Type Volume
03.111/99 152322 Beige linoleum Chrysotile 15-20%
2nd floor kitchen Cellulose 2-3%
Sample #1 Matrix Filler
(Friable)
03111199 152323 Beige linoleum Chrysotile 10-15 %
2nd floor kitchen Cellulose 3-5%
Sample #2 Matrix Filler
(Friable)
03111/99 152324 Beige linoleum Chrysotile 5-10%
2nd floor kitchen Cellulose 2-3%
Sample #3 Matrix Filler
(Friable)
03/11199 152325 Beige floor tile (l2X12) Asbestos ND
2nd floor bathroom Cellulose 1-2%
Sample #4 Matrix Filler
(Non-friable)
03/11/99 152326 Beige floor tile (l2X12) Asbestos ND
2nd floor bathroom Cellulose 2-3%
Sample #5 Matrix Filler
(Non-friable)
03/11199 152327 Beige floor tile (12XI2) Asbestos ND
2nd floor bathroom Cellulose 1-2%
Sample #6 Matrix Filler
(Non-friable) 1!~/7
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Lab Lab Sample Asbestos %by
Date LD. Description Type Volume
03/11199 152328 Yellow mastic Asbestos ND
2nd floor bathroom Cellulose ") ""0/
_-:; /0
Sample #7 Matrix Filler
(Non-friable)
03/11/99 152329 Yellow mastic Asbestos ND
2nd floor bathroom Cellulose 3-50/0
Sample #8 Matrix Filler
(N all-friable)
03/11199 152330 Yellow mastic Asbestos ND
2nd floor bathroom Cellulose 2-3%
Sample #9 Matrix Fille;-
(Non-friable)
03/11199 152331 White tile Asbestos ND
2nd floor bathroom Cellulose 1-2%
Sample #10 Matrix Filler
(Non-friable)
03/11199 152332 Wrjtc tile Asbestos ND
2nd floor bathroom Cellulose 1-2%
Sample #11 MatIix Filler
(Non-friable)
03/11/99 152333 White tile Asbestos ND
2nd floor bathroom Cellulose 1-2%
Sample #12 Matrix Filler
(Non-friable)
03/11199 152334 Grey insulation Asbestos NT!
" ~
2nd floor attic Cellulose 10-15%
Sample # 13 Matrix Fille;-
(Friable)
03/11/99 152335 Grey insulation Asbestos ND
2nd floor attic Cellulose 15-20~~
Sample #14 Matrix Filler
(Friable)
03/11199 152336 Grey insulation Asbestos ND
2nd floor attic Cellulose 20-30%
Sample #15 Matrix Filler
(Friable)
)///y
2
Lab
Date
Lab
LD.
03/11199
152337
03/11/99
152338
03/11/99
152339
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROA.D, CHULA VISTA
DFH# SD-1800-017-S
March 8, 1999
Sample Asbestos %by
Description Type Volume
Yellow insulation Asbestos ND
Cottage garage Cellulose 3-5%
Sample #16 Glass Fibers 60-70%
(Friable) Matrix Filler
Yellow insulation Asbestos ND
Cottage garage Cellulose 2-3%
Sample # 17 Glass Fibers 70-80%
(Friable) Mauix Filler
Yellow insulation Asbestos ND
Cottage garage Cellulose 1-2%
Sample #18 Glass Fibers 70-80%
(Friable) Matrix Filler
Trace = L..'"SS than 1 % is present. KD = No asbestos detected, method ofiimit detection is 1 'h. Results are based upon samples submined for analysis oni}
Asbestos includes chrysotile, amosite, crociciolite, anthophylite, tremolite and actinolite. Tnis analytical report relates only to the samples tested. It mav not be used by
the client to claim product endorsement by NVLAP or any agency of the U.S. Government.
In a=rdance with Title 8 of the Caiifomia Code of Regulations, Section 1529, J;.)(B)(2), to demonstrate that the material is not asbestos containing material. samples
shall be collected as described in 40 CFR 763.86. Samples shall be coliected oy an accredited AHERA Building Inspector in the following format:
Surfacing Material (spra~'-applied or trowelled-on)
Up to 1000 square feet of material: a minimum of three (3) samples
1000 to 5000 square feet of material: a minimum offive (5) samples
Greater than 5000 square feet of mat.."rial: a minimum of seven (7) samples
Thennal S~'stem Insulation
A minimum of three samples per system
NOTE: Tile. vinyl, foam. plastic and fme powder samples may contain asbestos fibers of such small dimensions that fibers may not be detected by PUd. If greater
certainty is required, more sensitive analytical methods such as X-Ray Diffra..'"tion, Transmission Electron Microscopy and Scanning Electron Microscopy are
recommended.
This report shall not be reproduced except in full, and then only with the ...,..rinen approval of the DFH Laboratory.
Sincerely,
Design For Health, Inc. appreciates the opportunity to prm,;de these services.
~;~
Kabir Shefa
Director of Technical Services
· Any lab number followed by a !ener is identif)mg a layered sample. The number with letters represents a subsample of the sample submitted.
Kabir Shefa
Virguua L. Shefa
This report has been reviewed for Quality Control by:
Dennis Gray _
Joseph Palmisano _
G..~
" /
Carmen Zepeda .I..?--
3
I/'-Ie;
O.Design For Hea(tfi) Inc.
.0
t: ,': . .: ," '.
~~l~J: ["L.-l~l" ~ :". ...' I,
-'....1 ...'
\ "
f-~:.....' ',t~ 1 0.-', -, .: ~ ~
CLIENT:
LEAD SAMPLE ANALYSIS REPOR~
City of Chula Vista
~epartment of Public Works
707 F Street
Chula Vista, CA 92010
Attn: Dick Thompson
ANALYSIS:
Sixty-eight bulk samples collected for determina~ion
of lead concentration.
ANALYTICAL
METHODOLOGY:
Lead analyzed by Method SW846 7420
(through EHS)
RESULTS
OPTMIST CLUB COTTAGE
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1BOO-01B-PbS
March 8, 1999
Collection
Date
Sample
Description
Lab
LD.
EXTERIOR
03/08/99
Dk. brown paint
Door frame
Sample #1
:'52143
03/08/99
Lt. brown paint
Handrail
East side
Sample #2
152144
03/08/99
152145
Tan paint
Suppor~ poles
Porch
Sample #3
03/08/99
Lt. brown paint
Stair step
Sample #4
152146
03/08/99
Lt. brown paint
Porch lathe
Sample #5
152147
03/08/99
Lt. brown paint
Porch floor
East side
Sample #6
152148
Sample
Weight (g)
Concentration
(% by weight)
0.123
0.221
0.166
0.581
0.102
1. 25
0.120
0.083
0.127
0.167
0.091
<0.028
1 ///;It'
Collection
Date
Lab
I.D.
03/08/99
152149
03/08/99
2.52150
03/08/99
152151
03/08/99
152152
03/08/99
-c ;:: ') 1 ;; ":'
...__......__-.l
03/08/99
152154
03/08/99
152155
03/08/99
152156
03/08/99
152157
03/08/99
152158
03/08/99
152159
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1BOO-018-PbS
March S, 1999
Sample
Desc:::-iption
Sample
Weight (g)
Tan paint
Laundry =oo~ screen
South side
Sample #7
0.118
Dk. brown paint 0.142
Laundry rm. Qoor frame
East side
Sample #6
Dk. brown pain~ 0.114
Laundry rm. window frame
East side
Sample #9
Dk. bra..,,", paint
Laundry rm. window
East sicie
Sample #10
0.144
Dk. br:own paint
Window frame
East side
Sample #11
0.163
Dk. brown paint
Wlndow frame
West side
Sample #12
0.141
Dk. brown paint
Window frame
South side
Sample #13
0.162
Tan paint 0.149
Laundry rm. window frame
South side
Sample #14
Tan paint 0.122
Wall
South side
Sample #15
Dk. brown paint
Garage window
South side
Sample #16
0.156
Tan paint
Laundry rID. door
East side
Sample #17
0.146
2 jJ/ cJ/
Concentration
(% by weight)
4.46
11. 4
11.1
2.50
5.21
0.549
2.66
6.38
0.034
0.485
7.53
Collection
Date
La1=>
I.D.
03/0B/99
152160
03/0B/99
., c...., 1 ,-,
.1-.1"'-.....0.....
03/08/99
152162
0:::/08/99
152163
03/08/99
2.52l64
03/08/99
152165
03/0B/99
152166
03/0B/99
152167
03/08/99
l52168
03/08/99
152169
03/08/99
152170
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
March 8, 1999
sample
Description
Dk. brown paint
Window
East side
Sample #18
Dk. bro....n p2.int
Door
East side
Sample #19
Tan paint
Laundry rID. wall
Eas~ side
Sample #20
Lt.. broV-,TI pa.int
Wall next to door
E.ast side
Sample #21
'r'an paint
Garage docr
West side
Sample #22
INTERIOR
White paint
Garage door
West side
Sample #23
Green paint
Bedroom door frame
Sample #24
Green paint
Bedroom door
Sample #25
Green paint
Bedroom window
West side
Sample #26
Sample
Weight (g)
0.118
0.123
0.106
0.112
0..031
0.017
0.049
O.Oll
0.138
Green paint 0.123
Bedroom window frame
West side
Sample #27
Green paint
Bedroom wall
West: side
Sample #28
0.086
///e2~
Concentration
(% by weight)
4.BB
2.68
6.53
6.20
0.113
6.06
<0.052
<0.228
0.048
0.092
0.110
Co~~ection
Date
:.a.b
LD.
03/08/99
:'52171
03/08/99
~ -......, -, ""'>
..:..':"':'~/L
03/08/99
152173
03/08/99
:52174
03/GB/9S
- -,.... - -. -
_:~...:..!:;
03/08/99
:"52176
03/08/99
:52:77
03/08/99
::"52178
03/08/99
:52179
03/08/99
152180
03/08/99
:'52181
OPTIMIST CLUB COTTAGE
46~O SWEETWATER ROAD1 CHULA VISTA
DFH# SD-~800-018-PbS
M2:!:'ch 8, 1999
Samp~e
Description
Samp~e
Weight (g)
Green pain:.
Bedroom wa:1
East side
Sample #29
0.127
Green paint
Bedroom ".indo",
North side
Sample #30
0.167
Green pain:. 0.148
Bedroom window frame
North sice
Sample #31
Green paint
Bedroom ",'all
North side
Sample tT32
0.166
Green paint
Bedroom ",all
South side
Sample #33
0.102
Green p2.int
Bedroom ceiling
Sample #34
0.144
Green paint
Kitchen door frame
Sample #35
0.163
Green paint
Kitchen wall
West side
Sample #36
0.160
Green pe.int
Kitchen wall
East side
Sample #37
0.154
Green paint
Kitchen cabinet
East side
sample #38
0.144
Green paint
Kitchen wall
North side
sample #39
0.165
4
J)/ J- 3
Concentration
(% by weight)
<0.020
0.068
0.111
O~l08
0.035
0.:15
<0.0:'6
0.199
0.042
0.OS4
0.170
OPTIMIST CLUB COTTAGE
46~O SWEETWATER ROAD, CHULA VISTA
DFH# SD-~800-0~8-PbS
March 8, 1999
Collecti.on Lab Sample Sample Concent=ati.on
Dat.e LD. Description Weight (g) (% by weight)
03/06/99 :"522.82 Green paint 0.109 7.94
Kitchen ",indow trough
South side
Sample #40
03/08/99 1522.83 Green paint 0.146 0.164
Kitchen window
South side
Sample #41
03/08/99 152184 Green paint 0.147 0.222
Kitchen ",indow
South side
Sample #42
03/08/99 :52185 Green paint 0.137 0.2E5
Kit.chen ",indow f:=arne
Sou'C.h side
Sample #0
03/08/99 15::::86 Green p2.int 0.166 0.197
Kitchen v.lindow ::rame
south side
Sample #44
03/08/99 :'52187 Green paint 0.109 0.316
Kitchen wall
South side
Sample #45
03/08/99 15.2188 Erown paint 0.137 8.39
Bathroom window frame
South side
sample #46
03/08/99 152189 Green paint 0.131 1. 62
Bathroom inside door
Sample #47
03/08/99 152190 Green paint 0.127 2.31
Bathroom door frame
Sample #46
03/08/99 1.52191 Green paint 0.057 4.53
Bathroom door jamb
sample #49
03/08/99 ::"52192 Green paint 0.190 0.553
Bathroom ceiling
Under cedar wood
Sample #50
5 )J/~1
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
March 8, 1999
Co~~ec'=ion Lab Samp~e Samp~e Concentration
Date LD. Description 'Weight (g) (% by weight)
03/08/99 152193 Green paint:. 0.080 6.82
Bathroom wall
West side
sample #:' 1
-~
03/08/99 2.52194 Green paint 0.154 2.97
Bathroom wall
North side
Sample #52
03/08/99 1522.95 Green paint 0.121 2.58
Bathroom window
South side
Sample .u.t;~
1T__
03/08/99 152196 Green paint 0.168 2.21
Bathroom wall
Sout.h side
Sample ~ ="4
TT - -
03/08!?9 :'...52197 Green paint: 0.152 5.06
Ba~h=ooJn ",indow f=ame
sample #.55
03/08/99 152198 Green paint 0.151 0.320
Living room ceiling
Sample #56
03/08/99 :52199 Green paint 0.117 0.169
Living room wall
West side
Sample #57
03/08/99 152200 Green paint 0.128 0.024
Living room docr
Sample #58
03/08/99 1.52201 Green paint 0.14.9 <0.017
Living room window
By docr on east side
Sample #59
03/08/99 152202 Green paint 0.119 <0.022
Living room window
East side
sample #60
03/08/99 152203 Green paint:. 0.110 <0.023
Living room wall
East side
Sample #61
)) ~ J~
6
OPTIMIST CLUB COTTAGE
4610 SWEETWATER ROAD, C~~ VISTA
DFH# SD-1800-018-PbS
March 8, 2.999
Co~~ection
Da'te
Lab
LD.
Samp~e
Description
Samp~e
Weight (g)
Concentration
(If; by weigh't)
03/08/99
15~204
Green paint 0.163
Living room wall
South side
Sample #62
0.252
03/08/99
152205
Green paint 0.133
Living room window frame
North side
Sample #63
0.089
03/08/99
152206
Green paint 0.184
Living room wall
North side
Sample #64
<0.014
03/08/99
152207
G=-een paint
0.198
0.254
Living room window frame
North side
Sample #65
03/08/99
2.52208
Green paint
I...i ving reJorn ,^T-:..ndow
North side
sample #66
0.139
0.200
03/08/99
152209
Green paint 0.050
~iv. rm. window trough
North si:ie
Sample #67
1. 88
03/08/99
152210
Green paint
Living roon window
North side
Sample #68
0.114
C.024
This =eport shall not be rep=oduced except in full, and 'then on~ "'/ ~.i th t.he w=i tten
approval of the DFH Laboratory.
Design For Health, Inc. appreciates the opportunity to provide these services.
Sincerely,
~;~
Kabir She fa
Director of Technical Services
7
/J/;2?
O.Desi.9n For Hearth) Inc.
.0
_= ::- - -.;. }: ,~': t ! L" I-~:' ~~.
..."'~~): r')i~lil" l~:\ ~~-: ~ ',11
\ l'" 1 ~; \ ~...; ; -: ~ ~ ~
. ,. ,... \ 1.."'; ! ~ '1 '; ,l.. ' _ -; ,::' ~ ~...'
~ SAMPLE ANALYSIS REPORT
CL IElo."T :
City of Chula Vista
Department of Publi= Works
707 F Street
Chula Vista, CA 92010
Attn: Dick Thompson
ANALYSIS:
Fifty-four bulk samples collected for determination
of lead concentration.
ANALYTICAL
METHODOLOGY:
Lead analyzed by Method SW846 7420
(through ERS)
RESUI.TS
OPTMIST CLUE MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1BOO-018-PbS
Ma=ch E, 1999
Co~~ection
Date
Lab
LD.
Samp~e
Desc=iption
Samp~e
Weight (g)
Concent=ation
(% by weight)
EXTERIOR
03/08/99
152217
Brown pain~ 0.110
s. side w~ndow frame
Sample #1
2.20
03/08/99
152218
Brown pain:.
South side window
Sample #2
0.153
9.80
03/08/99
152219
Tan paint 0.165
South side wall
Sample #3
16.2
03/06/99
152220
Tan paint 0.142
North side wall
Sample #4
7.54
03/08/99
152221
Brown pain~ 0.136
North side window
Sample #5
0.272
03/08/99
152222
Brown paint 0.150
N. side window frame
Sample #6
0.255
03/08/99
152223
Brown paint
Banister by door
North side
Sample #7
0.106
<0.024
J//d- ?
OPTMIST CLUB MAIN BUILD ING
4610 SWEETWATER ROAD, cm VISTA
DFH# SD-1800-018-PbS
March 8, 1999
Collect.ion Lab Sample Sample Concentrati.on
Date LD. Description Weight (g) (% by weight.)
03/08/99 152224 Brown paint o .1El 0.956
N. side window frame
Sample #8
03/08/99 152225 Brown paint 0.163 2.08
E. side window frame
Sample #9
03/08/99 152226 Tan paint 0.196 2.46
East side wall
Sample #10
03/08/99 152227 Tan paint 0.180 6.33
Basement door
West side
Sample #11
03/08/99 152228 Tan paint 0.141 5.82
Basement 0.80= frame
West side
Sample -"'?
tr~-
03/08/99 152229 Brown paint 0.185 0.082
vl. side roc:: trlIfL
Sample Fl3
03/08/99 152230 Brown pain~ 0.148 8.18
Windo"T #3
West side
Sample #14
03/08/99 152231 Brown paint 0.155 6.97
Window frame #3
West side
Sample #15
03/08/99 152232 Brown paint 0.189 12.3
Window #4
West side
Sample #16
03/08/99 152233 Brown paint 0.129 13.6
Window frame #4
West side
Sample #17
03/08/99 152234 Bro..-n paint 0.166 1. 92
West side window
Sample #18
03/08/99 152235 Brown paint 0.128 1. 57
Window frame
West side
Sample #19
2 j//;2Y
Collecti.on
Date
Lab
I.D.
03/08/99
152236
03/0S/99
:;'52237
03/08/99
152238
03/0S/99
152239
03/08/?9
2.52240
03/08/99
:':2241
03/08/99
152242
03/08/99
152243
03/08/99
152244
03/08/99
152245
03/08/99
152246
OPTMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, C~~ VISTA
DFH# SD-1800-018-PbS
March 8, 1999
Sample
Description
Sample
'Weight (g)
Concentration
(se by weight)
Brown paint
W. side ~indow frame
Sample #20
0.135
12.3
Brown paint
West side window
Sample #2:
0.132
11. 5
Brown paint
Window frame
West side bedroom
sample #22
0.107
5.33
Brown palnt
Window
West side bathroom
Sample #23
0.136
10.7
Brown paint.
Window frame
West side bathroom
Sample #24
0.138
0.127
Brown palnt 0.167
Window
West side master bdrm
Sample #25
11. 0
Brown paint 0.040
Window frame
West side master bdrm
Sample #26
3.25
Brown paint 0.183 0.191
Window frame
West side children's bdrm.
Sample #27
Brown paint 0.144 9.44
Window
West side children's bdun.
Sample #28
Tan paint 0.139 0.099
West side wall
Sample #29
SMALL KITCHEN
Beige paint 0.136 0.374
Doorway frame
Under stairs
Sample #30
3
)//.J-c;
OPTMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
March 8, 1999
Co~~ection Lab Samp~e Samp~e Concent::-at:Lon
Date :LD. Description Weight (g) (It by weight)
03/08/99 2.52247 Beige paint 0.074 0.519
Door to closet
Under stairs
Sample #31
03/0S/99 :'52248 White paint 0.020 0.485
West side cabinets
Sample #32
03/08/99 :52249 Beige paint 0.137 <0.019
North wall
Sample #33
03/08/99 152250 White pOlin-c 0.1:.4 0.062
Door to large kitchen
Sample #34
03/08/99
:':2251
White paint
Door [relIne
to large ki-cchen
Sample #35
o .IlS
<0.022
MAIN KITCHEN
03/08/99
152252
White paint
Wlndow
sample #36
0.161
0.284
03/08/99
2.52253
White paint
Windm.; frame
West side
Sample #37
0.006
<0.417
ROOM WITH FIF3PLACE
03/08/99
:'52254
White paint
Window
Sample #38
0.107
0.16i
03/08/99
152255
White paint
Window frame
Sample #39
0.111
0.288
INTERIOR
03/08/99
152256
White paint
Trim turnout
Sample #40
o .1l3
1. 54
03/08/99
152257
White paint
Covered patio
South end
Sample #41
0.178
1. 43
4
/)/ JtJ
Collecti.on
Date
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
03/08/99
Lab
LD.
2.52258
152259
152260
152261
152262
152263
152264
152265
152266
152267
152268
152269
OPTMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
Ma.::-ch 8, 1999
Sample
Desc::iption
G.::-een paint
South end floor
Sample #42
B.::-own paint
Door frame
West side
Sample #43
CHILDREN'S BEDROOM
White paint
East wall cabinets
Sample #44
Brown paint
South side window
Sample #45
B;:-own pc-in"':.
West side window
Sample #46
White paint
Door to roof
West: side
Sample #47
Brown paint
Door frame to roof
West side
Sample #48
Brown paint
Ext. door to roof
Sample #49
White paint
Door frame to roof
Sample #50
2nd FLOOR LIVING ROOM
White paint
West side window
Sample #51
Sample
Weight (g)
0.149
0.032
0.114
0.186
0.137
0.123
0.168
0.137
0.182
0.142
White paint 0.127
West side window frame
Sample #52
White paint
West side window
Sample #53
0.145
5 ///3/
Concentration
(% by weight)
<0.017
<0.079
0.223
9.68
0.993
0.252
9.58
0.096
0.172
0.196
0.328
0.197
OPTMIST CLUB MAIN BUILDING
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
March 8, 1999
Collection
Date
Lab
LD.
Sample
Desc:::-i.ption
Sample
Weight (g)
Concentrat~on
(% by weight)
03/08/99
152270
White paint 0.104
West side ~indow frame
Sample #54
0.338
This report shall not be reproduced except in full, and then onl v with the ."ri tten
approval of the DFH Laboratory.
Design For Health, Inc. appreciates the opportunity to provide these services.
Sincerely,
~~;~
Kabir She fa
Di=e2~o~ of Technlc~~ Se=vices
E
)//3;2
O.Design For HeaLth) Inc.
.n
LEAD SAMPLE ANALYSIS REPORT
CLIENT:
City of Chula Vis~a
Departmen~ of Public Works
707 F Street
Chula Vis~a, CA 92010
Attn: Dick Thompson
ANALYSIS:
Fifteen bulk samples collected for determination
of lead concentration.
ANALYTICAL
METHODOLOGY:
Lead analyzed by Method SW846 7420
(through EHS)
RESULTS
OPTMIST CLUB SHED
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
March 8, 1999
_~ ~:- --+ ;<l't: J[.::- J-~
,.'<lr~ I)il..'ql~ (".\ ~'~l\.ii
l~ 1 ~: \ ~ ~ ~ 1 - 1 :- ~ ~
r l~.~~' i l.:::r ~~ ': ..:...." ~ --. _:.. ~ l\:
Col.l.ec':..ion
Da-=.e
Lab
-'..D.
Sampl.e
Weight (g)
Sample
Desc=iption
03/08/99
0.134
152277
Tan paint.
Shed gate
Sample #1
03/08/99
Tan paint
Shed ga~e archway
Sample #2
0.182
152278
03/08/99
Pink paint
Shed wall
East side
Sample #3
0.135
15227 9
03/08/99
Pink paint
Shed door
East side
Sample #4
0.121
152280
03/08/99
0.183
152261
Pink paint
Shed door frame
Eas~ side
Sample #5
03/08/99
Pink paint
Shed door
North side
Sample #6
0.133
152282
03/08/99
Pink paint
Shed do r frame
North s de
Sample I
0.115
152283
1
J/-_J)
Concent=ation
(% by weight)
6.86
28.9
21.3
21. 0
16.1
25.4
10.3
OPTMIST CLUB SHED
4610 SWEETWATER ROAD, CHULA VISTA
DFH# SD-1800-018-PbS
Mar::h 8, 1999
Collection
Date
Lab
LD.
Sample
Description
Sample
Weight (g)
Concentration
(% by weight)
03/08/99
2.52284
Tan pain':
Shed wall
South side
Sample #8
0.118
8.98
03/08/99
2.52285
Tan paint
Shed winGow frame
South sic.e
Sample #9
0.119
2.1. 9
03/08/99
152286
Pink paine.
Shed wall
Norr:h side
Sample #::"0
0.152
19.5
03/08/99
2.52287
Pink
Shed
pain::.
wal2.
0.151
16.9
West side
Sample #:.1
C3/08/9S
15.228':;
White pa.:..nt
Shed door
"West side
S arr,pl e # l2
0.146
0.329
03/08/99
l5;~2BS
W:'1i te pain-:.
S~ed doo.:::- frame
West side
Sample #13
0.114
26.8
03/08/99
l52290
PinJ~ paint
Shed wi.ndow #2
West side
Sample #14
C .115
22.8
03/08/99
15229::..
Pink paint 0.152
Shed window frame #1
West side
Sample #15
19.5
This report shall not be .::-eproduced except. in full, and the:1 only with the wrl tte:1
approval of the DFH Laboratory.
Design For Health, Inc. apprecia':es the oppcrtunlty to provide these se.:::-vices.
Sincerely,
~;~
Kabir Shefa
~irector ot Technical Services
2
J/ / 3 i
~J~
~
~~~~
ATTACHMENT B
CfTY OF
CHULA VISTA
FIRE DEPARTMENT
March 16, 1999
City of Chula Vista
Richard Thompson
Building Projects Supervisor
276 Fourth Ave
Chuia Vista, CA 91910
BONITA OPTIMISTS CLUB - 461 0 SWEETWATER RD
A recent inspection for fire and panic safety was made of the premises occupied by the
above named facility. As a result of this inspection certain deficiencies were noted
which are not consistent with the requirements of the State Fire Marshal's Rules and
Regulations and the requirements of this department.
Compliance with the following should provide a reasonable degree of fire and life
safety.
1. Replace all electrical plates on outlets in bedroom.
2. Replace all power strips with permanent wiring.
3. Discontinue use of cords running behind dresser.
4. Replace ceiling light cover that's missing in the living room.
5. Replace cover plate that is missing from where refrigerator is plugged in.
6. Discontinue the use of all extension cords through out the building.
7. Replace extension ring on porch light.
8. Remove storage of paints from porch.
9. A one (1) hour separation wall between the garage and living area is required.
// / .if
447 F STREET / CHULA VISTA, CALIFORNIA 91910/ (619) 691-5055/ FAX (619) 691-5057
10: Repair steps. (Termite eaten)
11. Wiring to the fuse box and electric panel must be checked by a certified
electrician.
12. The garage needs a general clean-up.
13. Remove lawn mower and flammables from building.
14. A one (1) hour separation wall is needed in the workshop area.
15. Discontinue use of multi-plug adapters through out the building.
16. Bring all electrical up to code in the bathroom.
OPTIMISTS CLUB - MEETING HALL
1. Reduce the storage in the basement and a general clean-up is needed.
2. Discontinue the use of cook tops or install approved hood system.
3. Replace extinguisher in the kitchen with an approved 2A 1 OBC fire extinguisher.
If cooking continues with an approved hood system a 40 BC extinguisher is
req u ired.
4. Discontinue the use of kerosine heater in the office.
5. Exits can not be blocked and must be identified by exit signs.
6. All fire extinguishers must be a minimum of 2A 1 OBC.
7. The fire place must be installed properly or removed. No storage is permitted in
front of the fire place.
8. The front exit must be repaired and no more than 15 Ibs of pressure is to be
needed to open the door.
9. Repair or replace the exit light.
10. Repair or replace the light in the main entry, wires are exposed.
11. Extinguishers that are out of date need to be serviced by a certified technician.
12. Smoke detector is not working, repair or replace.
j//.J ?
CiTY OF CHULA VISTA
13. Remove the extension cord to the hood and replace with permanent wiring.
14. Discontinue all extension cords in the kitchen.
15. Remove all storage under the stairs.
16. Repair all wiring.
UPSTAIRS LIVING AREA
1. Remove all extension cords.
2. Repair all wiring to switches and plug-in's.
3. Remove all space heaters, they are not allowed.
If you have any questions or require additional information, please contact this office.
~.....,
-vtvv..K""Jt"
I' ~
i/"\ :/\''r~'1
Edward A. Thomas, Captain
Acting Fire Marshal
ET/I
0203-03
/I/' 3?
CiTY OF CHULA VISTA
ATTACHHEKT C
~\(r~
:-~~~
....................-
--.-.......
em'!)!'
CHUlA VISTA
Departm.ent of Planning and Building
Date:
MARCH 17., 1999
To:
DICK THOMPSON
From:
--:
BR-\D REMP~~
j(/
Subject:
OPTIMIST CLUB BUILDING
Inspected on March 10, 1999, deficiencies observed:
1. No accessibility per ADA
2. Appears to have extensive dry rot and termite damage. Recommend inspection by
certified pest control company.
3. Main building - damage to East wall (brick planter).
A. Apparent code violations in kitchen area. (Commercial stove - no exhaust or fire
suppression system. Dishwasher drains not to code.)
B. Noted settling in floor throughout building.
C. Possible electrical violations.
D. Appears to have several additions, possibly without permits.
4. Garagelliving unit (at rear of main house):
A. Southeast corner of foundation severely deteriorated.
B. No fire separation between garage and living unit above.
C. Dry rot and termite damage.
D. Separation between main house and garage not adequate for seismic regulations.
E. No handrails on stairs (main and garage buildings).
We were not able to inspect either residence at the site. This report does not include any
possible violations on the living units.
Iks
(A:\optimist)
/J/~Jgv
,QTACHMENT 0
~~l?-
-.-
....-~---=
........-...~~
----
CITY Of
CHULA VISlA
OFFICE OF THE CITY ATTORNEY
DATE:
July 6, 1999
TO:
FROM:
Jerry Foncerrada, Deputy Director of Parks
Ellen Gross, Deputy City Attorney~
SUBJECT: Bonita Optimist Club
Per your request, this memorandum will memorialize our discussion
concerning the Bonita Optimist Club.
As you know, several months ago
Optimist Club building located
investigation was conducted.
lead was
at 4610
found in the Bonita
Sweetwater Road. ~ili
Apparently discussions with the Bonita Optimist Club have commenced
concerning moving the Club to Rohr Manor until the lease terminates
in or about December, 1999. Another suggestion was to allow the
Bonita Optimist Club to stay in the building until December but to
prohibit anyone from residing in the building.
It is my opinion that the Club should be moved to Rohr Manor until
the termination of its present lease to reduce any potential City
liability. The City's knowledge of the nature of the dangers in the
building would likely render any release or waiver of liability
obtained from the Bonita Optimist Club problematic.
If you have any questions, please feel free to contact me.
EFGjcbs
CC: Bart Miesfeld, Deputy City Attorney
Teri Enos, Risk Manager
h:\home\carmens\cbs\cvcity\ellen\070699.mem
JJ~3J
ATTACHMENT E
CITY ~FEgHLrfDv'ST A
99 OCT - 5 PH 2: 47
?UBLIC WORK S
'OPERATI!SONITA OPTIMIST CLUB
P.O. BOX 872 · BONITA, CA 91908
(619) 475-8n6
Community Center 4610 Sweetwater Road (east of Rohr Park)
Meeting 7 a.m. Thursday at Community Center
@
',I
September 30, 1999
Mr. David Beyers
Deputy Director of Public Works
707 F Street
Chula Vista, CA 91910
Dear Mr. Beyers:
During the September 20, 1999 meeting between Mayor Horton, the Assistant City Manager, a
representative of the San Diego County Supervisors and members of the Bonita Optimist Club, several
issues were discussed associated with the continued use of the Bonita Optimist Community Center.
Included in those discussions were the various services and functions of the Center, most of which generate
revenue for youth and community programs.
As a result of these discussions, we were asked to identify financial losses, which resulted from the city's
mandate to cease building rentals and other revenue-bearing functions at the Center site. The rental income
figure shown below is based on that received from January through June, 1999 with the expectation that we
would have garnered a like amount for the last six months of this year. The expectations for revenue
generated by the Bonitafest Barbecue (held each September) and craft show (conducted every November)
are based upon last year's experience.
Rental Income
Bonitafest Barbecue
Craft Fair
$9,200
$1,200
$ 650
$11,050
In addition to the above, we ask you to consider providing for temporary storage for the considerable
amount of club equipment currently in the facility (e.g., refrigerators, freezers, kitchen grills, furniture,
wagon, etc.)
I trust this information will suffice for you planning needs. Please feel free to contact me at any time.
Cc: Mr. Sid Morris, Chula Vista Assistant City Manger
MAJOR PROJECTS
Sponsorship of Baron-optlmlst Basketbal Toumament
Sponsorship of Bonita Vista High School Octagon Club
Support of YMCA activities ~
Sponsorship of the Annual Barbecue for Bonitafest
Participation In National Youth Appreciation Week / / -- J.- t:J
Participation In the Annual Optimist Youth Oratorical Contest & Essay Conlest
Sponsorship of Miss Sollball America, Youth Basketbal & other Youth Sports
Financial support of the San Diego County Optimist Youth Band
Sponsorship of quarterly Youth Achievement Awards
Participation In the annual Optimist Respec:l for Law Week
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 10/12/99
ITEM TITLE:
Resolution Accepting bids and awarding contract for the
"Fire Station No.4, at East "R" Street and Paseo Del Rey in the
City of Chula Vista, CA (PS120 & PS127)" project, appropriating
$66,985 from the Police Development Impact Fee (POLDIF) as a
transfer to the General Fund, appropriating said funds from the
General Fund to the project, and reducing the Residential
Construction Tax (RCT) funding by this amount
/0
SUBMITTED BY:
Director of Public Works
Fire Chief
(4/5ths Vote: YesLNo_)
REVIEWED BY:
City Manage~'l)
At 2:00 p.m. on September 22, 1999 in the City Council Chambers, the Director of Public
Works received sealed bids for the" Fire Station No.4, at East "R" Street and Pas eo del Rey
in the City of Chula Vista, CA (PS120 & PS127)" project. The general scope of the project
involves construction of Chula Vista Fire Station No. 4 and a training facility/classroom,
complete, including earthwork, on and off-site utilities, paving, fire protection, mechanical,
electrical, and incidental work.
RECOMMENDATION: That Council approve a resolution accepting bids and awarding the
contract for the "Fire Station No.4, at East "H" Street and Pas eo Del Rey in the City of
Chula Vista, CA (PS120 & PS127)" project to Clancy Constructors, in the amount of
$997,777.00, appropriating $66,985 from the POLDIF as a transfer to the General Fund,
appropriating said funds from the General Fund to the project, and reducing the RCT funding
by this amount.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This station is part of the Fire Station Master Plan, which takes into account increasing
development in Rancho del Rey and other planning areas. Fire Station No. 4 is being moved
from Otay Lakes Road to East "H" Street and Paseo del Rey. The relocation is necessary to
allow expansion, modernization and to conform to the Master Plan. The relocation also
combines the training facility with the fire station, allowing more efficient use of resources.
The classroom portion of the project will be used in conjunction with the existing training
tower at this site for several types of training. The training facility was approved as part of
the 1989 fire station master plan.
/c2 - /
Page 2, Item
Meeting Date 10/12/99
The project was advertised for a period of five weeks and bids were received as follows:
CONTRACTORS BID AMOUNT
1 Clancy Constructors $997,777
2 Straight Line Contractors $1,106,566
3 HAR Construction, Inc. $1,033,656
4 Aleo Construction, Inc. $1,041,900
5 The Augustine Company $1,068,068
6 John Carey Construction $1,100,000
7 Grahovac Construction $1,121,205
8 Greer Construction Company $1,138,000
9 Golden Springs Construction $1,168,777
10 Mabry Construction, Inc. $1,250,000
The low bid for this project by Clancy Constructors, is below the Architect's estimate of
$1,066,430.00 by $68,653, or 6.4%. The Architect's estimate was based on bids received for
similar projects by the City and by other Agencies. Compared to the bids received by other
Agencies for similar projects, Staff received good bids for this project. The project consists of
the construction of a 4000 square foot fire station that will include two truck bays, living
quarters for fire fighters, ai, 750 square foot training classroom, parking area for the fire
apparatus and site landscaping.
The specifications required that all contractors have relevant experience in constructing a
project of similar size and complexity. We have contacted the references provided by Clancy
Constructors, and determined that they have relevant experience necessary to complete the
various aspects of the project as defined in the specification. In addition, we have verified their
license and determined that it is in good standing. We therefore recommend that the contract
for the" Fire Station No.4, at East" H" Street and Paseo Del Rey in the City of Chula Vista,
CA (PS120 & PSI27)" project be awarded to Clancy Constructors.
Prevailing Wage Statement
This project is being funded through DIFFIRE/DEVELOPER. Based on the current project
funding guidelines, no prevailing wage requirements were necessary as part of the bid
documents.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project
and filed an addendum to EIR 8707 May 1, 1998 as a negative declaration for the project.
/;2./2
Page 3, Item
Meeting Date 10/12/99
I>isclosure Statennent
A copy of the contractor's I>isclosure Statennent is attached.
FISCAL IMPACT:
The General Fund has a credit owed from the POLDIF for the police remodeling project in the
amount of $113,949. Of this amount, staff recommends appropriating $66,985 from the DIF
to the General Fund as a transfer, and substituting General Fund monies for the RCT funding
currently appropriated. These RCT funds are needed for other capital projects and staff
believes the General Fund is an appropriate funding source for this project.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $997,777
B. Contingencies $100,000
C. Material Testing $10,000
D. Staff Cost $20,000
TOTAL FUNDS REQillRED FOR CONSTRUCTION $1,127,777
FUNDS AVAILABLE FOR CONSTRUCTION
A. DIFFFIRE/DEVELOPER (PS120) Project Funds $888,463
(2159120565, 215920576)
B. DIFFIRE/DEVELOPER (PS 127) Project Funds $172,329
(215912765)
C. General Fund appropriation (PS 127) Project Funds $66,985
TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $1,127,777
This project is being funded through DIFFIRE/DEVELOPER, and the General Fund. The
action requested tonight would allow staff to expend these funds for the construction work,
and reduce the RCT funds currently appropriated. Upon completion of the project, only
routine City maintenance will be required, in the future.
Attachment:
Exhibit A - Contractor's Disclosure Statement
H: \HO ME\ENGINEER\AGENDA \Ps 120 .jrh. doc
/1-- .J
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "FIRE STATION NO.4, AT EAST
"H" STREET AND PAS EO DEL REY IN THE CITY OF
CHULA VISTA, CA. (PS120 & 127)" PROJECT,
APPROPRIATING $66,985 FROM THE POLICE
DEVELOPMENT IMPACT FEE (POLDIF) AS A TRANSFER
TO THE GENERAL FUND, APPROPRIATING SAID FUNDS
FROM THE GENERAL FUND TO THE PROJECT, AND
REDUCING THE RESIDENTIAL CONSTRUCTION TAX
(RCT) FUNDING BY THIS AMOUNT
WHEREAS, at 2:00 p.m. on September 22, 1999 in the City
Council Chambers, the Director of Public Works received the
following ten sealed bids for the" Fire station No.4, at East "H"
Street and Paseo del Rey in the City of Chula vista, CA (PS120 &
PS127)" project:
CONTRACTORS BID AMOUNT
1 Clancy Constructors $ 997,777
2 Straight Line Contractors $1,106,566
3 HAR Construction, Inc. $1,033,656
4 Alco Construction, Inc. $1,041,900
5 The Augustine Company $1,068,068
6 John Carey Construction $1,100,000
7 Grahovac Construction $1,121,205
8 Greer Construction Company $1,138,000
9 Golden Springs Construction $1,168,777
10 Mabry Construction, Inc. $1,250,000
WHEREAS, the low bid for this project by Clancy
Constructors, is below the Architect's estimate of $1,066,430.00 by
$68,653, or 6.4%; and
WHEREAS, staff has contacted the references provided by
Clancy Constructors, and determined that they have relevant
experience necessary to complete the various aspects of the project
as defined in the specification and verified their license is in
good standing and, therefore, recommends that the contract for the
"Fire Station No.4, at East "H" Street and Paseo Del Rey in the
1
);2 - 'I
City of Chula vista, CA (PS120 & PSI27)" project be awarded to
Clancy Constructors; and
WHEREAS, the City has determined that use of General Fund
monies rather than Residential Construction Tax is more appropriate
due to other funding needs of Residential Construction Tax Funds;
and
WHEREAS, General Fund monies are available as a result of
a transfer of funds from credits from the Police DIF for the Police
remodeling project; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and filed an addendum to
EIR 8707 May 1, 1998 as a negative declaration for the project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept bids and award the contract
for the "Fire Station No.4, at East "H" Street and Paseo Del Rey
in the City of Chula vista, Ca. to Clancy Constructors, in the
amount of $997,777.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby directed to execute said contract on behalf
of the City of Chula vista.
BE IT FURTHER RESOLVED that the amount of $66,985 is
hereby appropriated from the POLDIF as a transfer to the General
Fund and appropriating said funds from the General Fund to the
project and reducing RCT funding by $66,985.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~/~
Kaheny, City
H:\home\attorney\reso\fire4sta.bid
2
)eJ. ~5
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on
all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies.
The following information must be disclosed:
l. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract.
e.g., owner, applicant, Contractor, subcontractor, material supplier.
None
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-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
None
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 month? 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.
None
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes _ No L If yes, state which Council members(s):
· · · (NOTE: Attached additional p
Date: Sept. 22. 1999
Signature of Contractor I Applicant
Clancy Constructors
Print or type name of Contractor I Applicant
* ~ is defined as.' "Any individual. firm. co-partnership. joint venture. association. social club. fraternal organization, corporation,
estate. trust. receiver. syndicate. this and any other county. city or country, city municipality, district, or other political subdivision,
or any other group or combination acting as a unit.
13
J;< /' ~
COUNCIL AGENDA STATEMENT
Item J.3
Meeting Date: 10/12/99
ITEM TITLE: I) /
Resolution Approving the Desiltation and Maintenance
Agreement between the City and Otay Project, LP to provide for the
maintenance of certain improvements in the Poggi Canyon Channel and
authorizing the Mayor to execute said agreement.
(J,
Resolution Approving the Desiltation and Maintenance
agreement between the City and McMillin Otay Ranch, LLC to provide for
the maintenance of certain improvements in the Poggi Canyon Channel and
authorizing the Mayor to execute said agreement.
C, Resolution Approving the Second Amendment to the
Detention Basin and Siltation Agreement between the City and Otay
Project, LP and authorizing the Mayor to execute said agreement.
!). Resolution Approving the First Amendment to the
Detention Basin and Siltation between the City and McMillin Otay Ranch,
LLC and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public Works Cffr<:.
REVIEWED BY: City Manage~ ~ ~ (4/5ths Vote: Yes_No X )
The Tentative Map conditions for the proposed developments in Otay Ranch SPA One require
compliance with certain requirements regarding maintenance of the proposed Poggi Canyon
improvements. In addition, Council Policy No. 522-02 requires the developer to maintain the
drainage improvements for 5 years. Currently, the Otay Ranch Company and McMillin are
processing mass grading plans with the City for a portion of their project draining to Poggi
Canyon and issuance of the grading permits is anticipated shortly. The subject agreements
delineate the developers' responsibilities for maintaining the proposed Poggi Canyon drainage
improvements and establish the security requirements to ensure their performance. Tonight,
Council will also be considering amending an existing agreement with the Otay Ranch Company
for Telegraph Canyon for 1) incorporating Village 1 West areas draining to Telegraph Canyon,
and 2) excluding all areas located within the Poggi Canyon basin previously included in the
agreement. The amendment to the existing Telegraph Canyon agreement with McMillin will also
exclude the areas located with the Poggi Canyon basin from said agreement.
RECOMMENDATION: That Council approve:
1) the resolution approving the Desiltation and Maintenance agreement between the
City and Otay Project, LP and authorizing the Mayor to execute said agreement,
2) the resolution approving the Desiltation and Maintenance agreement between the
City and McMillin Otay Ranch, LLC and authorizing the Mayor to execute said
agreement,
/3-)
Page 2, Item_
Meeting Date 10/12/99
3) the resolution approving the Second Amendment to the Detention Basin and
Siltation agreement between the City and Otay Project, LP and authorizing the
Mayor to execute said agreement,
4) the resolution approving the First Amendment to the Detention Basin and Siltation
agreement between the City and McMillin Otay Ranch, LLC and authorizing the
Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
1. POGGI CANYON AGREEMENTS
Council has already approved four tentative maps for the properties in Otay Ranch SPA One (SPA
One) draining to Poggi Canyon, as follows:
Otay Ranch Company's Tentative Maps
* Tentative Map No. 96-04 (TM 96-04) approved by Council on March 25, 1997 for a
portion of Villages 1 and 5 of SPA One.
Tentative Map No. 96-04A (TM 96-04A) approved by Council on May 4, 1999 covering
only Phase 7 of SPA One.
Tentative Map No. 98-06 (TM 98-06) approved by Council on August 17, 1999 for Village
One West.
*
*
McMillin Otay Ranch's Tentative Map
* Tentative Map No. 98-04 (TM 98-04) approved by Council on June 9, 1998 for the
McMillin Otay Ranch project (portions of Villages 1 and 5).
Certain conditions of approval of these tentative maps require compliance, prior to issuance of
a grading permit, with certain requirements related with the maintenance of the proposed drainage
improvements in Poggi Canyon (see Exhibit A). The developers (Otay Ranch Company and
McMillin) are currently processing mass grading plans for the construction of: 1) Olympic
Parkway from Brandywine Avenue to SR-125 and, 2) the Poggi Canyon Channel located within
the Otay Ranch from Sunbow to SR-125 (see Exhibit B). The grading plans also propose the
construction of a runoff detention basin immediately upstream of the Sunbow project. Approval
of these grading plans and issuance of the corresponding grading permits are anticipated shortly.
Both developers propose to enter into separate agreements covering the maintenance of the
improvements to be constructed by each developer. McMillin will maintain that portion of the
Poggi Canyon channel located within their property in SPA One. Otay Ranch Company will
maintain the remaining improvements to be constructed between SR-125 and Sunbow. Following
is a discussion on how the developers propose to satisfy the applicable tentative map conditions:
/3'~
Page 3, Item_
Meeting Date 10/12/99
1.1 Condition # 54(a) of TM 96-04. Condition # 55(a) of TM 96-04A. and Condition
#48(a) of TM 98-04 and Condition # 62(a) of TM 98-06. These conditions require the developers
to guarantee the construction of a permanent naturalized channel and detention basin in Poggi
Canyon. Said detention facility shall reduce the 100-year frequency peak flow from the
development to an amount equal to or less than the pre-development flows.
As mentioned before, the City is currently processing mass grading plans that include constructing
the Poggi Canyon Channel from SR 125 to Sunbow. Said plans also include the construction of
a runoff detention facility immediately upstream of the Sunbow project (see Exhibit A). The
proposed agreements require both developers to submit bonds guaranteeing the construction of the
drainage improvements prior to issuance of the grading permit for the construction of the drainage
facilities.
1.2 Condition # 54(b) of TM 96-04. Condition # 55(b) of TM 96-04A. and Condition
# 48(b) of TM 98-04 and Condition # 62(b) of TM 98-06. These conditions require the developers
to prepare a maintenance program of the proposed drainage improvements for approval by the City
Engineer, Director of Planning and Building, and the applicable resource agencies. The developers
propose to satisfy these requirements as follows:
*
Temporary Maintenance Program: The developers have already submitted a Temporary
Maintenance Program (Exhibits C and D) which includes guidelines for the inspection,
monitoring and maintenance of the proposed improvements by the developer. The program
excludes the mitigation areas which are covered by the environmental permits. The total
annual maintenance costs have been estimated at $61,800 for the Otay Ranch Company and
$12,000 for McMillin. The Temporary Maintenance Program has been reviewed and
approved by the City Engineer and Director of Planning and Building.
*
Permanent Maintenance Program: In consideration that the City is processing the
environmental permits for construction of the drainage facilities, staff recommends that the
City should be responsible for preparing and obtaining approval by the resource agencies of
the Permanent Maintenance Program as part of the ongoing process. This program will
provide an operations manual for maintaining the drainage improvements after the City takes
over the maintenance. It should be noted that Council has already formed Community
Facilities Districts No. 97-1, 98-1, and 98-2, which would provide a combined annual
budget of $34,400 for maintaining the channel and detention basin improvements after the
developers' maintenance obligation is over. The special taxes levied by said CFDs may
be adjusted every year to keep pace with increases in the maintenance costs due to
inflation.
1.3 Conditions # 54(c) and 54(d.1) of TM 96-04. Conditions # 55(c) and 55(d.1) of TM
96-04A. and Conditions # 48(c) and 48(d.1) of TM 98-04 and Conditions # 62(c) and 62(d.1) of
TM 98-06. These conditions require each developer to enter into an agreement with the City and
the applicable resource agencies, where the developer agrees to provide for the maintenance of the
proposed drainage improvements until maintenance of such facilities is assumed by the City or an
open space district. In compliance with these requirements, the developers agree to the following:
/J --:J
Page 4, Item_
Meeting Date 10/12/99
*
Maintenance Pro~ram. In Section 2.f of the agreements, the developers agree to perform
the activities delineated in the Temporary Maintenance Program until the later to occur of:
1) acceptance of 100% of the maintenance of said improvements by an established
Maintenance District, or 2) five years after City's acceptance of any open space
landscaping required for the drainage improvements, not including the habitat mitigation,
in accordance with Council Policy 522-02, or 3) acceptance by the Resource Agencies of
the habitat mitigation. The developers have also agreed to post the required maintenance
bonds prior to issuance of the grading permit.
*
Environmental Miti~ation: The environmental permits for constructing Olympic Parkway
and the Poggi Canyon improvements have already been issued. Exhibit E presents a
summary of the mitigation measures required by the permits. It is important to note that
Section 2.f.iii of the proposed agreements stipulates that the developers shall be responsible
for implementing, at its sole cost, all the requirements imposed by the environmental
permits (i.e., Clean Water Act Section 404 Permit, Clean Water Act Section 401
Certification or Waiver, Endangered Species Act 4 (d) habitat loss permit, California
Department of Fish and Game (CDFG) Section 1601 Streambed Alteration Agreement).
1.4 Conditions # 54(d.2) and 54(d.3) ofTM 96-04. Conditions # 55(d.2) and 55(d.3) of
TM 96-04A. Condition # 48(d.2) and 48(d.3) of TM 98-04. and Condition # 62(d.2) and 62(d.3)
of TM 98-06. These conditions require the developer to enter into an agreement, where the
developer agrees to provide for the removal of siltation (attributable to the development) in the
proposed detention basin and naturalized Poggi Canyon channel.
Section 3.a of the proposed agreements stipulates that the developer would provide for the removal
of siltation (attributable to his development) within the proposed drainage facilities until the later
to occur of: 1) all upstream grading within the development is completed and erosion protection
planting is adequately established, or 2) five years after City's acceptance of the maintenance of the
applicable drainage improvements. As security for complying with these obligations, each developer
is required to submit, prior to the issuance of the grading permit, a cash bond in the amount of
$30,000. This deposit may be used to pay for the cost of any removal of siltation in case of default
by the developer.
1.5 Council Policy No. 522-02 (see Exhibit F) requires the developer to maintain natural
drainage facilities (which would ultimately be maintained by an open space district) for a period
of 5 years. The policy requires a security bond in an amount equivalent to 5 years of maintenance.
The environmental permits would require the developers to maintain the mitigation areas (which
include the bottom as well as the side slopes of the channel) for a minimum of 5 years after
completion of the wetland mitigation installation. Also, the 404 CORPS permit requires submittal
of a bond securing the installation, monitoring, and maintenance of the mitigation areas. Section
2.f.iv of the agreements requires the developer provide security bonds as required by the resource
agencies and to maintain the bond in full effect during the developer's obligation period. The
agreements also requires that the City be named as additional obligee on all bonds required by the
environmental permits.
I;' i
Page 5, Item_
Meeting Date 10/12/99
Staff considers that by: 1) entering into the proposed Detention Basin and Siltation agreements,
2) entering into the 5-year maintenance agreements with CDFG, 3) posting of the 5-year bond with
the Corps (approximately 1.9 million for both developers), 4) posting of the 5-year maintenance
bonds with the City ($309,000 for the Otay Ranch Company and $60,000 for McMillin), and 5)
posting of the cash bond ($30,000 each developer) guaranteeing the removal of siltation, both
developers comply with the requirements of Council Policy No. 522-02.
The proposed agreement stipulates that the City may withhold building permits for the project ifthe
City determines the developer not to be in compliance with the terms of the agreement. The form
of the agreements has been reviewed and approved by the City Attorney. Both developers have
already signed the proposed agreements.
2.0 AMENDMENTS TO TELEGRAPH CANYON AGREEMENTS
2.1 Otay Ranch Company Agreement. On September 26,1997 by Resolution No. 18746,
Council approved a Detention Basin and Siltation agreement with the Otay Ranch Company to
provide for the construction and maintenance of certain drainage improvements in the Telegraph
Canyon Channel. Said agreement encumbered properties located within the Telegraph Canyon basin
as well as properties located within Poggi Canyon basin. On December 16, 1997, Council approved
the First Amendment to said agreement amending certain conditions thereto.
On August 17, 1999, City Council by Resolution 19572 approved Tentative Map 98-06 for Village
1 West of the Otay Ranch SPA One. Condition No. 76 of the said map requires that prior to issuance
of the rough grading permit for the areas of Village 1 West located north of East Palomar Street,
developer shall revise the existing agreement to include the Village 1 West areas draining to
Telegraph Canyon.
By approving the proposed amendment, Council will: 1) incorporate into the agreement those areas
of Village 1 West draining to Telegraph Canyon Channel, and 2) limit the agreement to those areas
of SPA One draining to the Telegraph Canyon, since the balance of the property draining to Poggi
Canyon is addressed in a companion agreement being considered tonight by Council.
2.2 McMillin Agreement. On March 31, 1998 by Resolution No. 18934, Council
approved a Detention Basin and Siltation agreement with McMillin to provide for the construction
and maintenance of certain drainage improvements in the Telegraph Canyon Channel. Said
agreement encumbered properties located within the Telegraph Canyon basin as well as properties
located within the Poggi Canyon basin.
By approving the proposed amendment, Council will limit the agreement to those areas of SPA One
draining to the Telegraph Canyon. The balance of the McMillin property draining to Poggi Canyon
is addressed in a companion agreement also presented tonight to Council.
FISCAL IMP ACT: None. All costs associated with the construction of the proposed drainage
facilities in Poggi Canyon will be fronted by the developers. At the request of the Otay Ranch
Company, the City is currently processing Community Facilities District No 99-1 to finance the
/3-f
Page 6, Item_
Meeting Date 10/12/99
construction of a portion of these improvements. The developer will be responsible for maintaining
the proposed improvements until said maintenance is assumed by the existing open space districts.
Exhibits:
A . TM Conditions of Approval
B - Poggi Canyon Drainage Improvements
C - Temporary Maintenance Program - Otay Ranch Company
D - Temporary Maintenance Program - McMillin
E - Habitat Mitigation Requirements
F - Council Policy No. 522-02
H:\HOMEIENGINEER\AGENDA \POGGI_I.LDT
File 0600-80-0RI4IG & 0600-80-0R22IG
October I, 1999 (I 1:04am)
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EXHIBIt A
Partial Conditions Of Approval For Chula Vista Tract No. 96-04
Otay Ranch Spa One
Condition No. 54
54. Prior to approval of (1) the first final 'B" Map or grading permit for land draining into the
Poggi Canyon or (2) the first final 'B" Map or grading permit which requires constIUction of Santa
Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the .
developer shall:
a. Guarantee the construction of the applicable drainage facility, unless otherwise
approved by the City Engineer as follows:
1. Runoff detention/desiltingbasin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon ChalUle1
The City Engineer may approve that these facilities are COnstlUcted at a later time if the
developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff from the
development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading pennit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security satisfactory
to the City to guarantee the 0 & M activities. in the event said facilities are not
maintained to City standards as detennined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perfonn this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the mamtenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of Nch facilities is asswned by the City
or an open space district. /3 / 7
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2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
established as detennined by the City Engineer and Director of Parks and
Reaeation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (mcluding detention basins) attributable to the development for a
minimum period offive years after maintenance of the facility is assumed by the
City or an open space district.
Partial Conditions Of Approval For Chula Vista Tract No. 96-04a
Otay Ranch Spa One, Phase 7
Condition No. 55
55. Prior to appro\'al of the first finaf "B" Map or grading permit for land draining into Poggi
Canyon or grading permit which requires construction of the Poggi Canyon Channel., whichever is
. ~lier. the developer shall:
a Guarantee the construction of the applicable drainage facility, unless otherwise
approved by the City Engineer including a runoff detention/desilting basin and
natma1ized channel in Poggi Canyon;
The City Engineer may approve that these facilities are constrUcted at a later time if
the developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff from the
development to an amount equal to less than the present ] 00 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (l\ipDES) and the Clean \Vater Program. Prior to
issuance of any grading permit which approves any temporary facility, the developer
shall enter into an agreement .with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security
satisfactory to the City to guarantee the 0 & M activities. in the event said facilities
are not maintained to City standards as determined by the City Engineer.
The develop;:r shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work..
J3~[J
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b. Prep...re a maintenance program in:luding a schedule. estimate oi cost. operations
manual and a financing mechanism ior the maintenance of the applicable facilities.
Said program shall be subject to approval of the City Engineer. the Director of
Planning and Building, and the applicable environmental agencies.
,.
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c.
Enter into an agreement v.ith the City of Chula Vista and the applicable
environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree
to implement the maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
(I) Provide for the maintenance of the proposed naturalized channel and
detention basin in Poggi Canyon until such time as maintenance of such
facilities is assumed by the City or an open space district.
(~) Provide for the removal of siltation in the Poggi Canyon Channel (including
detention basins) until all upstream grading within the development is
completed and erosion protection planting is adequately established as
determined by the Ciry Engineer and Director of Planning and Building.
(3) Provide for the removal of any siltation in the Poggi Canyon Channel
(including detention basins) attribUtable to the development for a minimum
period of five years after maintenance of the facility is accepted by the City
~ or an open space district.
Partial Conditions of Approval For Chula Vista Tract No. 98-06
Otay Ranch SPA One Village One West
Condition No. 62
52. Prior 1:0 approval of the first final "3" map or grading permit for land draining into the
Poggi Canyon or grading permit which requires construction of the Poggi Canyon
Channel, whichever occurs first. the developer shall:
a. Guarantee tile construction of the applicable drainage facility, unless otherwise
approv~d by the City Engineer including a runoff detention/desilting basin and
naturalized channel in Poggi Canyon. The City Engineer may approve that these
facilities are constructed at a later time if the developer provides private
temporary runoff detention basins or other facilities, approved by the City
/J~1
Engineer. which would reduce the quantity of runoff from the development to
an amount equal to less than the present 1 DO-year fiow. Said temporary
facilities shall comply with all the provisions of the National Pollutant Discharge
Elimination System (NPDES) and the Clean Water Program. Prior to issuance
of any grading permit which approves any temporary facility. the developer shall
enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facility. The developer shall provide security
satisfactory to the City to guarantee the 0 & M activities. in the event said
facilities are not maintained to City standards as determined by the City
Engineer. The developer shall be responsible for obtaining all permits and
agreements with the environmental regulatory agencies required to perform this
work. except as provided for in the Olympic Parkway Financing and
Construction Agreement approved by Council Resolution No. 1941 D.
b.
Prepare a maintenance program including a schedule, estimate of cost,
operations manual and a financing mechanism for the maintenance of the
applicable facilities. Said program shall be subject to approval of the City
Engineer, the Director of Planning and Building, and the applicable
environmemal agencies.
Enter into an agreement with the City of Chula Vista wherein the parties aaree
to implement the maintenance program. Such agreement may inciude
environmental agensies .he City of Chula Vista deems nesessary parties ta sush
agreement.
,....
Enter into an agreement with the City where the developer agrees to the
following:
(i) Provide for the maintenance of the naturalized channel and detention
basin in Poggi Canyon until such time as maintenance of such facilities
is assumed by the City or an open space district.
(ii) Provide for the removal of siltation in Poggi Canyon Channels (including
detention basins) until all upstream grading within the development is
completed and erosion protection planting is adequately established as
determined by the City Engineer and Director of Planning and Building.
iiii) Provide for the removal of any siltation in the Poggi Canyon Channel
(in::luding detention basins) arrributabie to the development for a
minimum period of five years after maintenance of the fa::ility is
a:septed by the ::i!y or an open space districT.
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OTAY RANCH COMPANY
SPA 1
POGGI CANYON CHANNEL
MAINTENANCE PLAN
September 22, 1999
w.o. 0025-271
.HUNSAKER & ASSOCIATES
~1 SAN DIE GO, I N C .
PLANNING . ENGINEERING · SURVEYING
10179 Huennekens St. . Suite 200 San Diego, CA 92121
PH: (619) 558-4500 FX: (619) 558-1414
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OH:kd k:\O025\1999\K51.doc
w.o. 0025-271
:-",
OTAY RANCH COMPANY
SPAI
POGGI CANYON CHANNEL
MAINTENANCE PLAN
September 22, 1999
Prepared for:
Otay Ranch Company
350 West Ash Street
Suite 730
San Diego, CA 92101
Prepared by:
Hunsaker & Associates San Diego, Inc.
10179 Huennekens Street
San Diego, CA 92121
W.o. 0025-271
/3~/3
DH:kd k:\0025\1999\k51.doc
w.o. 002$-.271
~~1
Poggi Canyon Channel
Maintenance Report
TABLE OF CONTENTS
INTRODUCTION
1
..............--..-....................--......-................................-....-..............................-......-............--..................-........................................-....
C HAN N EL DES I G N ........... .................... ... ................. ............... ...... .......... ... .......... .........2
CHAN N EL MAl NTE NANC E.....___......___.... ______.....___...... ___.___. ....___..___ ... ___ ___ ....... ...___... ___.. 3
CONCLU S I ON ............... ......... ...... ..... ............... ............... .............. .......... ... .... ...._ ......... ..4
OPINION OF PROBABLE COST FOR ANNUAL MAINTENANCE
5
OPINION OF PROBABLE COST FOR 50-YEAR EVENT..___....___..........___...___......___..6
FIGURES
FIGURE 1 - VICINITY MAP, OTAY RANCH SPA I, POGGI CANYON CHANNEL
FIGURE 2 - OTAY RANCH VILLAGES 1 AND 5, LA MEDIA ROAD DETENTION BASIN
) J ~/f
DH:.d .:\O025\19991l<51 .doc
w.o. 0025-271
~~
Poggi Canyon Channel
Maintenance Report
INTRODUCTION
The following IS a maintenance plan required by the City of Chula Vista for Poggi Canyon.
The plan provides maintenance guidelines for the reach approximately 2,400 feet upstream
of the East Palomar Street crossing to 300 feet downstream of the East Palomar Street
crossing and 460 feet downstream of the La Media Road crossing to 4,050 feet downstream
of the Paseo Ranchero Street crossing (see Vicinity Map). Within this reach the creek flows
in a westerly direction adjacent to Olympic Parkway. The channel includes culverts at East
Palomar Street and Paseo Ranchero and crosses from the north side of Olympic Parkway to
the south side of Olympic Parkway 1,500 feet upstream of Paseo Ranchero. A detention
basin is located between 3,000 and 3,900 feet downstream of Paseo Ranchero.
This section of the Poggi Canyon Channel was designed by Hunsaker & Associates (H&A).
The H&A design proposed a trapezoidal channel with drop structures and silt fences, which
allow adjustment of the creek bed elevations to prevent adverse scour or deposition. The
following explains the channel design and presents maintenance guidelines for the channel.
/3 ,r/~
DH:kd k:\0025\1999\k51.dOC
w.o. 0025-271
:-:~.
Poggi Canyon Channel
Maintenance Report
CHANNEL AND BASIN DESIGN
The Poggi Canyon Channel was designed as a natural trapezoidal channel with drop
structures located at intervals within the channel. The drop structures were constructed of
rip rap and contained by concrete cut-off walls at the upstream and downstream edges. A
silt fence was placed along each upstream cut-off wall. The silt fence consists of chain-link
fencing attached to steel poles anchored in the upstream cut-off wall.
This design allows the channel slope to adjust as the channel matures and the roughness
increases. Over time the sediment is trapped upstream of each silt fence. The rate at which
this occurs depends on factors such as the frequency and intensity of storm events and the
build-out of the watershed. The trapped sediment reduces the channel bed slope upstream
of each silt fence, which, in turn, reduces flow velocities and increases channel stability.
The net result is that the channel bed is adjusted to a stable geometry between drop
structures with step at each drop structure. This stepped pattern results in greater channel
capacity downstream of each drop structure than upstream since the downstream channel
cross-section is naturally larger.
As discussed previously, the creek is adjacent to Olympic Parkway. The channel and
roadway are designed so that the road would not be inundated during 1 DO-year storm flows
in the channel. The critical design points are at the upstream side of each drop structure.
At these locations the channel bed elevation is high and the channel capacity is low, which
causes a high water surface elevation. The 1 DO-year water surface elevations were
determined at these locations assuming the ultimate channel configuration with a fully
vegetated channel. The road elevations were then set with at least one foot of freeboard
above the computed water surface elevations.
The detention basin is located south of Olympic Parkway just upstream of the Otay
Ranch/Sunbow Boundary. The detention basin is designed to detain post-development
flows to be equal to or less than pre-development flows at the Brandywine culvert. The
basin is designed to provide a minimum of one foot of freeboard during 1 DO-year storm
flows. A double barrel box culvert and spillway serve as the control structures for the basin.
/J~/?
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Poggi Canyon Channel
Maintenance Report
CHANNEL AND DETENTION BASIN MAINTENANCE
Semi-annual inspections of the drop structures, culverts, silt fences, channel and detention
basin shall be performed by a registered civil engineer specializing in river hydraulics. The
engineer must identify problems and recommend: 1) Repairs in the rip rap drop structures,
cut-off walls, silt fencing, culverts and steel poles; and, 2) Any maintenance activity required
to conserve the hydraulic performance of the channel and basin.
As discussed previously, sediment will deposit upstream of the silt fences. When the
sediment level reaches the top of the silt fence, the chain-link fencing should be removed,
but not the steel poles. Following removal of the chain-link fencing, annual inspections
should be extended to the channel bed area upstream of each drop structure. If channel
bed scour is evident in this area, then the chain-link fencing should be replaced until the
channel bed again aggrades to the top of the silt fence. On the other hand, if deposition in
excess of 0.5 feet occurs in this area after fence is removed, then sediment must be
removed upstream of the drop structure. In order to preserve the vegetated appearance of
the channel, sediment should be removed from one half of the channel first to the elevation
of the top of the silt fence. After vegetation begins to reestablish on this half, then sediment
can be removed from the other half of the channel. However, sedimentation and vegetation
removal must be in conformance with the permit negotiated between the City and proper
resource agencies. Note that sediment does not need to be removed immediately
downstream of the drop structures since the channel capacity in these areas in much
greater than upstream. Finally, if the channel bed elevations upstream of a drop structure
do not show scour of deposition after a 3-year period with normal rainfall, the steel poles can
be removed. Removal shall only be accomplished by cutting off the poles so they are flush
with the top of the supporting cut-off wall. Detention Basin maintenance will be limited to the
area upstream of the basin outlet outside of the mitigation area.
The channel maintenance activities shall include, but are not limited to the following.
1) Inspection, trimming and removal of vegetation, operation and repairs of silt
fences, drop structures and cutoff walls.
2) Inspection, trimming and removal of vegetation, and removal of debris/trash and
silt from channel inlets and outlets of all culverts and storm drain outlets.
The detention basin maintenance activities shall include, but are not limited to the following:
1) Inspection, trimming and removal of vegetation, operation and repairs of the drop
structure, rip rap, and outlet structure and spillway.
2) Inspection, trimming and removal of vegetation, and removal of debris/trash and
silt from basin outlet culvert and upstream area outside of mitigation easement.
)3~)7
DH:kd k:\O025\1999\k51.doc
w.o_ 0025-271
Poggi Canyon Channel
Maintenance Report
CONCLUSION
This report has presented a maintenance plan for the Poggi Canyon channel. Otay Ranch
Company is responsible for ensuring that the maintenance plan is implemented until
maintenance is accepted by the City in accordance with the "Desiltation and Maintenance
Agreement with Otay Project, LLC". After acceptance by the City, the maintenance will be
the responsibility of the City of Chula Vista through the Community Facilities District 97-01,
98-01 and 98-02. The maintenance plan includes guidelines for the drop structures, silt
fences, and channel areas upstream of the silt fences. The maintenance plan recommends
that a registered civil engineer be retained to perform annual inspections of the channel and
detention basin. The inspection results should be reported to Otay Ranch Company and the
City of Chula Vista to ensure that any maintenance concerns are adequately addressed.
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DH:kd k:\O025\1999\k51.doc
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Poggi Canyon Channel
Maintenance Report
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VICINITY MAP
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Poggi Canyon Channel
Maintenance Report
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
OTAY RANCH
POGGI CANYON CHANNEL MAINTENANCE PLAN
CITY OF CHULA VISTA
1. Semi-annual Engineer's observation/
evaluation (Assumes no maintenance)
UNIT
QUANTITY PRICE TOTAL
2 EA@$ 1,000 = $2,000
1 EA@$ 40,000 =$40,000
= $19,800
= $61 ,800
ITEM
2. Annual Maintenance (Trimming, cleaning, etc.)
3. Annual maintenance of detention basin
TOTAL ANNUAL MAINTENANCE COST*
* Security Bond shall be 5 times the annual maintenance cost ($309,000).
/ } '~tJ
OH:kd k:\0025\1999\j93.doc
w.o. 0025-271
Poggi Canyon Channel
Maintenance Report
PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES
OTAY RANCH
POGGI CANYON SILT REMOVAL
CITY OF CHULA VISTA
UNIT
ITEM QUANTITY PRICE TOTAL
No silt is anticipated, but if erosion/sedimentation
control facilities fail assume: 2,000 CY@$ 15.00 = $30,000
TOTAL
= $30,000
Assumptions:
50-year event at 2,000 CY silt
$15.00/CY
1 occurrence
or
Gradual Sedimentation
2,000 CY at 15.00/CY
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DH:kd k:\0025\1999\j93.doc
w.o. 0025-271
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McMILLIN'S OT A Y RANCH SPA I - PHASE 3
POGGI CANYON CHANNEL MAINTENANCE PLAN
JOB NO. 13126-Y
ruL Y 9, 1999
Prepared for:
McMillin Project Services
2727 Hoover Avenue
National City, California 91950
(619) 477-4117
Prepared by:
Rick Engineering Company
5620 Friars Road
San Diego, California 92110
(619) 291-0707
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T ABLE OF CONTENTS
INTRODUCTION. .... ....a ... .a.........~.~...~a..~' ~....I.'.'a"a....................a~. ~I ~II..I. ~'....al. ..........~.... ~.a~.~.~ I~II"II r," 1
CHANNEL DESIGN ............" ................... ................... ..........".... ..................... ............,...""... .......2
CHANNEL MAIN1'ENANCE ............................................... .................................................... .....3
CONCLUSION ....... a. ... ..~ .a.~,"a ~... ""4 II" '1' I'." ...,.....I..................~......~...i~.~. It .1""" I.., a'a.a...... ........ .....a...a.4
OPINION OF PROBABLE COST FOR ANNUAL MAINTENANCE.........................................5
OPINION OF PROBABLE COST FOR 50-YEAR EVENT..........................................................6
FIGURES:
FIGURE 1 - LOCATION MAP
McMILLIN OT A Y RANCH SPA I - PHASE 3 POGGI CANYON CHANNEL
FIGURE 2 - OT A Y RANCH VILLAGES 1 AND 5, LA MEDIA ROAD DETENTION BASIN
July 9. 1999
CGP;rh\ I J I 26\n:port\99002.doc
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INTRODUCTION
The following is a maintenance plan required by the City of Chula Vista for Poggi Canyon. The
plan provides maintenance guidelines for the reach from approximately 2,300-fect upstream of the
La Mcdia Road Crossing to approximately 460-feet downstream of the La Media Road Crossing (see
Vicinity Map). Within this reach the creek flows in a westerly direction adjacent to Olympic
Parkway. The channel crosses under La Media Road within the McMillin property.
This section ofthe Poggi Canyon Channel was designed by Rick Engineering Company (Rick). The
Rick design proposed a trapezoidal channel with drop structures and silt fences, which allow
adjustment of the creek bed elevations to prevent adverse scour or deposition. The [ollowing
explains the channel design and presents maintenance guidelines for the channel.
1
)3-';1
July 9. 1999
COP:rh\13126\repon\5l9002.doc
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CHANNEL DESIGN
The Poggi Canyon Channel was designed as a natural trapezoidal channel with drop structures
located at intervals within the channel. The drop structures were constructed of rip rap and contained
by concrete cut-ofT walls at the upstream and downstream edges. A silt fence was placed along each
upstream cut-off wall. The silt fence consists of chain-link fencing attached to steel poles anchored
in the upstream cut-off wall.
This design allows the channel slope to adjust as the channel matures and the roughness increases.
Over time sediment is trapped upstream of each sill fence. The rate at which this occurs depends on
factors such as the frequency and intensity of storm events and the build-out of the watershed. The
trapped sediment reduces the channel bed slope upstream of each silt fence, which, in turn, reduces
flow velocities and increaSes chaMel stability. The net result is that the channel bed is adjusted to
a stable geometry between drop structures with a step at each drop structure. TIlls stepped pattern
results in greater channel capacity downstream of each drop structure than upstream since the
downstream channel cross-section is naturally larger.
As discussed previously, the creek is adjacent to Olympic Parkway. The channel and roadway are
designed so that the road would not be inundated during lOO-ycar storm flows in the channel. The
critical design points are at the upstream side of each drop structure. At these locations the channel
bed elevation is high and the channel capacity is low, which causes a high water surface elevation.
The 100-year water surface elevations were determined at these locations assuming the ultimate
channel configuration with a fully vegetated channel. TIle road elevations were then set with at least
one foot of freeboard above the computed water surface elevations.
2
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July 9, 1999
CGP:rh\13126\rcpon\99002,doc
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CHANNEL MAINTENANCE
Semi-annual inspections of the drop structures, silt fences, and channel should be performed by a
registered civil engineer specializing in river hydraulics. The engineer must identify problems and
recommend repairs in the rip rap drop structures, cut-un' walls, silt fencing, steel poles, and any
maintenance activities required to conserve the hydraulic performance of the channel.
As discussed previously, sediment will dcposit upstream of the silt fences. When thc sediment level
reaches the top of a sill fence, the chain-link fencing should be removed, but not the steel poles.
Following removal of the chain-link fencing, annual inspections should be extended to the channel
bed area upstream of each drop structure. If channel bed scour is evident in this area, then the chain-
link fencing should be replaced until the channel bcd again aggrades to the top of the silt fencc. On
the other hand, if deposition in excess of 0.5 fcct occurs in this area afier the fence is removed, then
sediment must be removed upstream of the drop structure. In order to preserve the vegetated
appearance of the channel, sediment should be removed from one half of the channel first to the
elevation of the top of the silt fence. After vegetation begins to reestablish on this half, then
sediment can be removed from the other half ofthe channel. However, sedimentation and vegetation
removal must be in conformance with the permit negotiated between the City and proper resource
agencies. Note that sediment does not need to be removed immediately downstream of the drop
structures since the channel capacity in these areas is much greater than upstream. Finally, if the
channel bed elevations upstream of a drop structure do not show scour or deposition after a 3 year
period with normal rainfall, the steel poles can be removed. Removal shall only be accomplished
by cutting off the poles so they are !lush with the top ofthe supporting cut-off walL
The channel maintenance shall include, but are not limited to the following:
1. Operation and repairs of silt fences, drop structures, cut ofT walls, head walls and rip rap pads.
2. Removal of debris, trash, and silt from channel. Including inlet and outlets of culvert at La
Media Road.
3
July 9, 1999
CGP:rh\ 13 I 26\rcport\99002.doc
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CONCLUSION
This report has presented a maintenance plan for the Poggi Canyon Channel. McMillin Omy Ranch,
LLC is responsible for ensuring that the maintenance plan is implemented until maintenance is
accepted by the City in accordance wilh the "Oesiltation and Maintenance Agreement" with
McMillin Otay Ranch, L.L.C' After acceptance by the City the maintenance will be the
responsibility of the City of Chula Vista through the Community Facilities District 97-01. The
maintenance plan includes guidelines for the drop structures, silt fences, and channel areas upstream
of the silt fences. The maintenance plan recommends that a registered civil engineer be retained to
perform annual inspections of the channel. The inspection results should be reported to McMillin
Land Development and the City of ChuJa Vista to ensure that any maintenance concerns are
adequately addressed.
4
July 9, 1999
CGP:rh\13) 26\report\99002.doc
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McMILLIN OTAY RANCH
POGGI CANYON MAINTENANCE
OPINION OF PROBABLE COST
RICK ENGINEERING CaMPA,."
6820 F~IA~S ROAD
SAN DIEGO, CALIFORNIA 112110
(61 II) 211 1-0707
7/9/99
JOB NO. 1312&-L
=================~::::::~______;~~=========~===~~:~::~~:_______===========~~~~::~sma============
DESCRIPTION
UNIT QUANTITY UNIT PRICE TOTAL PRICE
~:~~~===========~===~~=~~~e~~~~========================~===:::::S~________~~===========~:::=~=~M
1. SEMI ANNUAL ENGINEER'S OBSERVATION/EVALUATION
(ASSUME NO MAINTENANCE)
EA.
2
1,000.00
2,000.00
2. ANNUAL MAINTENANCE OF CHANNEL DOES NOT INCLUDE
SILT REMOVAL
EA.
1
10,000.00
10,000.00
3. ANNUAL MAINTENANCE OF LANDSCAPING/IRRIGATION
IMPROVEMENT AT CHANNEL
EA.
1
36,140.00
36,140.00
TOTAL
$48,140.00
5
13 ~;2'6
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. .. .
McMILLIN OTAY RANCH
POGGI CANYON SILT ~EMOVAL
FO~ 50-YEAR EVENT
OPINION OF PROBABLE COST
RICI< ENGINEERING COMPANY
5620 FRIARS ROAD
SAN DIEGO, CAUFORNIA 1121 10
(619) 29HI707
7/9/99
JOB NO. 13126.L
=================~~~~~~~~~=_=========================::::CKM______=============~~~~~~~-.~-=-~===
DESCRIPTION
UNIT QUANTITY UNIT PRICE TOTAL PRICE
=======================~~~.~.~ses~~~~~s:~==~===========================~~~~~~~~=================
NO SILT IS ANTICIPATED, BUT IF EROSIONI
SEDIMENTATION CONTROL
FACILITIES FAIL ASSUME:
C.Y.
2,000
15.00
30.000.00
1 OCCURRENCE SO-YEAR EVENT AT OR GRADUAL SILTATION
2000 CY SILT
$15.oo/CY
a
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EXHIBIT "E"
HABITAT MITIGATION REQUIREMENTS
/3-3(/
II c:: II
E xl-{ i '8 / T r
COUNCIL POllCY
CITY OF CHUlA VISTA
SUBJECf: DRAINAGE - NATURAL CHANGES WITHIN POllCY EFFECflVE
OPEN SPACE NUMBER DATE PAGE
522-02 09-14-90 1 OF 1
AOOPTED BY: Resolution No. 15869 T DAlEO: 09-14-90
BACKGROUND
At the meeting of September 5, 1989, Council adopted Ordinance 2331 which revised the procedures for
establishing open space districts in the City and provided for the maintenance of improvements in open space
areas. Although Council adopted subject ordinance, it directed staff to return with provisions to require the
developers to assist in providing financing for the maintenance of natural drainage ways.
PURPOSE
Establish a Council Policy which outlines the responsibilities of the developer regarding maintenance of I
natural drainage ways.
POUCY
The Council establishes the following policy for the maintenance of natural drainage ways:
1. When a developer requests formation of an open space district which includes a natural drainage
channel as pan of an open space lot, the developer shall maintain the natural drainage facilities for a
period of five years. The five year maintenance period by the developer will start when the City Council
accepts the open space landscaping. '-
2. The maintenance shall be guaranteed through a bond to the City in an amount equal to the estimated
five-year cost. At the request of the developer, the City may allow the bond to be reduced annually by
10% per year and released completely after five years.
3. The district shall be formed and assessments levied during the five year period while the full cost of
maintenance of the channel is being born by the developer. This provides a reserve amount to be
utilized in case of emergency.
4. The upstream property owners may be required as a condition of approval of future development to pay
their fair share of the maintenance costs of downstream natural drainage facilities which are within,
and maintained by, other open space districts.
/} ~3J
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DESILTATION AND
MAINTENANCE AGREEMENT BETWEEN THE CITY AND
OTAY PROJECT, L.P. TO PROVIDE FOR THE
MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE
POGGI CANYON CHANNEL AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, the Tentative Map conditions for the proposed
developments in Otay Ranch SPA One require compliance with certain
requirements regarding maintenance of the proposed Poggi Canyon
improvements; and
WHEREAS, in addition, Council Policy No. 522-02 requires
the developer to maintain the drainage improvements for 5 years;
and
WHEREAS, currently, the Otay Ranch Company and McMillin
are processing mass grading plans with the City for a portion of
their project draining to Poggi Canyon and issuance of the grading
permits is anticipated shortly; and
WHEREAS, the subject agreement delineates the developers'
responsibilities for maintaining the proposed Poggi Canyon drainage
improvements and establish the security requirements to ensure
their performance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Desiltation and
Maintenance Agreement between the City and Otay Project, L.P. to
provide for the maintenance of certain improvements in the poggi
Canyon Channel, a copy of which shall be kept on file in the office
of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~cJntr~
John . Kaheny, City ~ torney
/_5/1 //
THIS PAGE BLANK
/ 34 -~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DESILTATION AND
MAINTENANCE AGREEMENT BETWEEN THE CITY AND
McMILLIN OTAY RANCH, LLC TO PROVIDE FOR THE
MAINTENANCE OF CERTAIN IMPROVEMENTS IN THE
POGGI CANYON CHANNEL AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, the Tentative Map conditions for the proposed
developments in Otay Ranch SPA One require compliance with certain
requirements regarding maintenance of the proposed Poggi Canyon
improvements; and
WHEREAS, in addition, Council Policy No. 522-02 requires
the developer to maintain the drainage improvements for 5 years;
and
WHEREAS, currently, the Otay Ranch Company and McMillin
are processing mass grading plans with the city for a portion of
their project draining to Poggi Canyon and issuance of the grading
permits is anticipated shortly; and
WHEREAS, the subj ect agreement delineates the developers'
responsibilities for maintaining the proposed Poggi Canyon drainage
improvements and establish the security requirements to ensure
their performance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Desiltation and
Maintenance Agreement between the city and McMillin Otay Ranch, LLC
to provide for the maintenance of certain improvements in the Poggi
Canyon Channel, a copy of which shall be kept on file in the office
of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~:JYrl cUv{
John Kaheny, c~Attorney
IJ8--/
THIS PAGE BLANK
J3!J~~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE DETENTION BASIN AND SILTATION AGREEMENT
BETWEEN THE CITY AND OTAY PROJECT, L.P. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on September 26, 1997 by Resolution No. 18746,
Council approved a Detention Basin and siltation agreement with the
Otay Ranch Company to provide for the construction and maintenance
of certain drainage improvements in the Telegraph Canyon Channel;
and
WHEREAS, said agreement encumbered properties located
within the Telegraph Canyon basin as well as properties located
within Poggi Canyon basin; and
WHEREAS, on December 16, 1997, Council approved the First
Amendment to said agreement amending certain conditions thereto;
and
WHEREAS, on August 17, 1999, city Council by Resolution
19572 approved Tentative Map 98-06 for Village 1 West of the Otay
Ranch SPA One; and
WHEREAS, Condition No. 76 of the said map requires that
prior to issuance of the rough grading permit for the areas of
Village 1 West located north of East Palomar Street, developer
shall revise the existing agreement to include the Village 1 West
areas draining to Telegraph Canyon; and
WHEREAS, by approving the proposed Second Amendment,
Council willI) incorporate into the agreement those areas of
Village 1 West draining to Telegraph Canyon Channel, and 2) limit
the agreement to those areas of SPA One draining to the Telegraph
Canyon, since the balance of the property draining to Poggi Canyon
is addressed in a companion agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Second Amendment to the
Detention Basin and siltation Agreement between the City and Otay
Project, L.P., a copy of which shall be kept on file in the office
of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Amendment on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
fy~r~
John . Kaheny, City At rney
/ J C'- )
TIllS PAGE BLANK
/JC-~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE DETENTION BASIN AND SILTATION AGREEMENT
BETWEEN THE CITY AND McMILLIN OTAY RANCH, LLC
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on March 31, 1998 by Resolution No. 18934,
Council approved a Detention Basin and siltation agreement with
McMillin to provide for the construction and maintenance of certain
drainage improvements in the Telegraph Canyon Channel; and
WHEREAS, said agreement encumbered properties located
within the Telegraph Canyon basin as well as properties located
within the Poggi Canyon basin; and
WHEREAS, by approving the proposed amendment, Council
will limit the agreement to those areas of SPA One draining to the
Telegraph Canyon; and
WHEREAS, the balance of the McMillin property draining to
Poggi Canyon is addressed in a companion agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the First Amendment to the
Detention Basin and Siltation Agreement between the City and
McMillin Otay Ranch, LLC, a copy of which shall be kept on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Amendment on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~~~~
John . Kaheny, cit11Attorney
H:\home\attorney\reso\poggi.des
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IBOARD/COMMISSION/COl\1MI'l ~EE APPLICATION
RECEIVEnl 'nd' . by h .J.: h 'I' (.)
T1> ease I Icate your Interest c eClUng t e appropriate me s
(If you check more than one line, please prioritize your interest)
'9B t(JV 20 A9 :00
01Y OF
CHULA VISTA
CITY OF CHULA VIST {, Ethics (Board of)
Access Appeals BoaalTY CLERK'S omc
Planning Commission
Aging (Commission on)
Appeals & Advisors
Chaner Review
Growth Mgmt Oversight
Housing Advisory
Human Relations
Resource Conservation
Cultural Ans
Int'l Friendship
Library Board of Trustees
Mobilehome Rent Review
Safety Commission
Southwest PAC
Town Centre PAC
~ Child Care
Civil Service
United Nations Day Committee
Veterans Ad~'isQ;-Y Commission
Design Review
Economic Development
Otay Valley Road PAC
Parks & Recreation
Youth Commission
OTHER
PLEASE PRINT CLEARLY
Name:
Janice Lambert
Home address:
City: C'hula Vista
Zip: 9 1. 9 1 0
Res phone no:_--,,---,
Bus phone no:
Registered voter in Chula Vista: ~es _no
Do you live within the City limits of Chula Vista?
x
yes
no How long? 45 years
For Youth Commission applicants only: School attending
Grade:
Colleges attended & degrees held: Soutrn,estern Colle,;e/Certificate in Chilo Development
Present employer: Commun i t Y Cong reg a t i ona 1 ?reschooPosition: 'Lead Teacl1e r / As s i s ta n t
Director
What are your principal areas of interest in our city government and what experience(s) or speciallcnowledge can you bring to those
areas? ::: am interested in child care in C'hula Vista onc I l1ave l:Jeen v!or,,:in;
anc train
in the field for over 20 years. 1 also wor~ with^a~ults learnin? to wor~ in
preschools. I keep current wit~ my training ~y atten~ing classes at So~t~l;esterr
anc wor~shops offer2c at C~ilo Care Conferences.
What would you hope to accomplish by your participation? T ,:n111 r'l "n~")p tn r,prnr.1p rl 1 i" i c::;n~ '!--'->tl,OPl'1
t:-te city and the community to create a 'better unoerstancing 1ll1at is nE'2CeC to
achieve t~e Qest chilc care for the families we serve.
I am familiar with the responsibilities assigned to the Board/Commission/Committee on which I wish to serve.
4P'/6
~~
11/17/9!
Date
R~" 6/97
* * * Please see the reverse side of this Application for Very Important Le1!aL infonnation * * *