Loading...
HomeMy WebLinkAboutRDA Packet 2001/04/10 ~(f? :::-:- .. - ;.~;!':"= ClN OF CHUlA VISTA TUESDAY, APRIL 10, 2001 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) ADJOURNED JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following item!s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - Staff recommends the Redevelopment Agency/ City Council approve the minutes of the regular meeting of the Redevelopment Agency and adjourned meeting of the City Council for March 20, 2001 and March 27, 2001. 2. AGENCY RESOLUTION 1719 APPROVING A CHANGE ORDER TO AN AGREEMENT WITH URS CORPORATION FOR THE CLEAN UP OF A CONTAMINATED HOLDING SITE LOCATED AT 4075 MAIN STREET WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA, AND APPROPRIATING $208,336 IN UNANTICIPATED RECEIPTS FROM THE SHINOHARA ESTATE AND $4.804 FROM THE UNAPPROPRIATED FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT AREA TO FUND THE PROJECT-The Agency is interested in developing a 1.6 acre site in the Otay Valley Road Redevelopment Area as an expansion to the Auto Park to generate additional jobs and revenue in an area currently blighted. The site is unsuitable for development due to its use as a stockpile for contaminated burn-ash waste. Owned by the Shinohara Estate, the site was estimated to contain 34,000 cubic yards of contaminated material. During the clean up operation, substantially more sub-surface contamination was discovered than had been anticipated by previous fieldwork. This resolution would appropriate funds, at a per unit rate, to pay for the clean up of the additional burn ash discovered. [Community Development Director] 4/5ths Vote Required STAFF RECOMMENDATION: Redevelopment Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. a. PUBLIC HEARING TO CONSIDER THE SALE OF SPACE 45 AT ORANGE TREE MOBILEHOME PARK-In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces. The residents who did not purchase their space remained as renters. The Agency's desire is to sell these spaces as new homebuyers move into the park. The Agency currently owns 9 spaces, having sold 20 spaces. The Agency has received an offer to purchase Space 45 from the current occupant. [Community Development Director] b. AGENCY RESOLUTION 1720 AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 45 AT ORANGE TREE MOBILEHOME PARK STAFF RECOMMENDATION: Redevelopment Agency adopt the resolution. Redevelopment Agency, April 1O, 2001 Page 2 OTHER BUSINESS 4. DIRECTOR'S REPORT(S) 5. CHAIR/MAYOR REPORTlS) 6. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to an adjourned meeting of the Redevelopment Agency on April 24, 2001 at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. ********* COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA). request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (6191 691-5047 or Telecommunications Devices for the Deaf (TDDI at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, April 10, 2001 Page 3 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA March 20,2001 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City ofChula Vista were called to order at 7:35 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Chair/Mayor Horton Davis, Padilla, Salas and ABSENT: Agency/Councilmembers: Rindone ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, Deputy City Clerk Norris CONSENT CALENDAR 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of the City Council and Regular Meeting of the Redevelopment Agency held March 6, 2001. Staffrecommendation: The Agency/ Council approve the minutes, ACTION: Mayor Horton offered Consent Calendar Item #1, heading read, text waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 2. PUBLIC HEARING TO CONSIDER THE SALE OF SPACE 69 AT ORANGE TREE MOBILEHOME PARK In November 1987, the Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish to purchase their spaces, and the Agency agreed to purchase the spaces. The residents who did not purchase their spaces remained as renters. The Agency's desire is to sell its spaces as new homebuyers move into the park. The Agency currently owns 10 spaces, having sold 19 spaces. The Agency has received an offer to purchase Space 69 from the current occupant. (Community Development Director) / - ( PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing. There being no members of the public wishing to speak, she then closed the hearing. ACTION: Agency/Councilmember Davis offered Agency Resolution No. 1717, heading read, text waived: AGENCY RESOLUTION NO. 1717, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 69 AT ORANGE TREE MOBILEHOME PARK The motion carried 4-0. OTHER BUSINESS 3. EXECUTIVE DIRECTOR'S REPORTS There were none. 4. CHAlRlMAYORREPORTS There were none. 5. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION Chair/Mayor Horton noted that Closed Session had been cancelled, and the following items were not discussed: 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 a. Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris / Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiation: Price and terms for acquisition Page 2 CouncillRDA Minutes /-~ 03/20/2001 CLOSED SESSION (Continued) b. Property: Negotiating Parties: Assessor Parcel Nos. 568-270-30; 344 "F" Street (approximately .25 acres located at the southeast corner of Fourth Avenue and Garrett) City Council/Redevelopment Agency (Sid Morris / Chris Salomone) and Park Centre (Richard Zogob) Under Negotiation: Price and terms for acquisition ADJOURNMENT At 8:05 p.m., Chair/Mayor Horton adjourned the meeting to the Adjourned Regular Meeting of the Redevelopment Agency to be held on March 27, 2001 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. Respectfully submitted, .----- . Lorraine Bennett, Deputy City Clerk /- 3 Page 3 CouncillRDA Minutes 03/20/2001 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA March 27,2001 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City ofChula Vista were called to order at 7:19 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Councilmembers Davis, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Councilmembers: Rindone ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, Deputy City Clerk Norris CONSENT CALENDAR 1. APPROVAL OF MINUTES of Adjourned Regular Meeting of the City Council and Regular Meeting ofthe Redevelopment Agency held February 20, 2001. Staff recommendation: The Agency/ Council approve the minutes. 2. REDEVELOPMENT AGENCY RESOLUTION 171, AND CITY COUNCIL RESOLUTION NO. 2001-083, APPROVING THE SECOND AMENDMENT TO THE ASESSMENT DISTRICT NO. 90-2 REIMBURSEMENT AGREEMENT PROVIDING FOR REPAYMENT TO THE AGENCY OF AN OUTSTANDING $440,087 LOAN - On March 9, 1993, the City/Agency entered into an agreement with the Darling Delaware Company that deferred payment of the assessment fees for their property located on Otay Valley Road. The deferral was granted due to ongoing efforts to clean up the property and the resulting limitations on developability/sale of the property. The Agency paid the assessment and "loaned" to Darling Delaware the $440,087 assessment fee that was to be repaid upon development or sale to the Agency. The Darling Delaware Company sold the property to LandBank in December 1999. LandBank will, in turn, be selling the property to potential end users. The company is currently entering the entitlement and review process and expects development to occur this year. LandBank has requested a deferral of the fees until title transfer occurs. Staff supports the amendment to defer the fees due to the fact that LandBank is not an end-user. An active development proposal has come forward, and the entitlement process is commenCIng. Staff recommendation: The Agency/Council adopt the resolution. (- '-i CONSENT CALENDAR (Continued) ACTION: Mayor Horton offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 3. EXECUTIVE DIRECTOR'S REPORTS There were none. 4. CHAIR/MA YOR REPORTS There were none. 5. AGENCY/COUNCIL COMMENTS There were none. ADJOURNMENT At 8:10 p.m., Chair/Mayor Horton adjourned the meeting to the Regular Meeting of the Redevelopment Agency on April 3, 2001 at 4:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~. Lorraine Bennett, Deputy City Clerk /- s- Page 2 Council/RDA Minutes 03/27/2001 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: ;L MEETING DATE: 04/10/01 ITEM TITLE: AGENCY RESOLUTION APPROVING A CHANGE ORDER TO AN AGREEMENT WITH URS CORPORATION FOR THE CLEAN UP OF A CONTAMINATED HOLDING SITE LOCATED AT 4075 MAIN STREET WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA, AND APPROPRIATING $208,336 IN UNANTICIPATED RECEIPTS FROM THE SHINOHARA ESTATE AND $4,804 FROM THE UNAPPROPRIATED FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT AREA TO FUND THE PROJECT SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR L~ ~ REVIEWED BY: EXECUTIVE DIRECTORœl"'crI Q?I 4/5THS VOTE: YES 0 NO D BACKGROUND The Redevelopment Agency of the City of Chula Vista (the Agency) is interested in developing a 1.6 acre site in the Otay Valley Road Redevelopment Area os an expansion to the Auto Park to generate additional jobs and revenue in an area currently blighted. The site is unsuitable for development due to its use as a stockpile for contaminated burn-ash waste. Owned by the Shinohara Estate (Estate), the site was estimated to contain 34,000 cubic yards of contaminated material. URS Corporation (URS), 0 nationally recognized authority in environmental engineering and consulting, has been the consultant to the Agency throughout the effort to clean up the site. The company prepared the work plan for the project and has served as the Agency's liaison to regulatory agencies; insuring approval of the project in a timely manner. URS was also approved for the project by the Estate. The Estate, through negotiations with the Agency, agreed to 0 formulo for sharing expenses of the clean up. In return for Agency assistance with the clean up, the Estate has provided the Agency an option on the property so that it can be transferred for development once regulatory agencies have deemed the remediation adequate and issued 0 "no further action" letter. During the clean up operation, substantially more sub-surface contamination was discovered than had been anticipated by previous fieldwork. This resolution would appropriate funds, at a per unit rate, to pay for the clean up of the additional burn ash discovered. ~ - ( PAGE 2, ITEM NO.: MEETING DATE: 04/10/01 RECOMMENDATION It is recommended thot the Agency authorize the change order for URS Corporation and appropriate of $208,336 from unanticipated receipts from the Shinohara Estate and $4,804 from the unappropriated fund balance of the Otay Volley Road Project Area. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The subject property, commonly known as the Shinohara Stockpile, is located adjacent to wetlands and the Otay Valley River at the southwest comer of the Chula Vista Auto Park, Phase I. It was created when, in 1992, it was discovered that the entire 31-acre parcel slated for development of the Auto Park had been filled with burn ash containing lead and other heavy metals. To proceed with development of the Auto Park, the property owner - the late Mr. J. Shinohara - graded the contaminated material into the stockpile. Although the remaining land was sold and developed with auto dealerships, the parcel containing the stockpile was retained by Mr. Shinohara. For eight years, the Agency negotiated with Mr. Shinohara, ond later the Estate, to complete clean up of the site. Since the cost of the clean up exceeds the value of the land, reaching resolution was difficult. The opportunity to participate in the closure of 0 portion of the Otay Valley Landfill presented itself in late 1999. Staff consulted with URS, who prepared a work plan capitalizing on the opportunity to avoid tipping fees, estimated at $2 million. URS also assisted the Agency in identifying a matching grant fram the California Integrated Waste Monagement Boord (ClWMB), which will reimburse a portion of the clean up costs. The grant was awarded in September. Studies conducted estimated the stockpile to contain 19,000 cubic yards of contaminated moterial above the surface and 15,000 cubic yards of subsurface contaminated material. However these studies were found to have underestimated the contamination. The surface contamination removed amounted to 19,186 cubic yards, while subsurface excavation totaled 26,219 cubic yards. During excavotion, the water table was reached. Staff, URS ond regulatory agencies convened a site meeting. The agencies directed City staff and URS to create development controls to allowfor future development. This document is in the process of being written and will be used to secure a "no further action" letter critical to the redevelopment of the parcel. The Agency's contract with URS is based on a per unit cost of $10.35 per cubic yard for excavation and $5.06 per cubic yard for backfill. These amounts result in the bulk of the change order request. Additionally, specific environmental ground water issues raised by the larger-than-anticipated extent of the clean up resulted in a need for additional erosion and drainage controls to be constructed at the close of the project. These measures are intended to prevent any future contamination of the ,;)-d-. PAGE 3, ITEM NO.: MEETING DATE: 04/10/01 Otay River or surrounding wetlands and to secure the needed "no further action" letter from regulatory agencies. This letter is required before development can occur. FISCAL IMPACT The cost of the change order is $213,140. This includes $175,678 in unanticipated excavation, hauling, and backfilling expenses, and $37,462 in costs for additional engineering, erosion control and drainage improvements to safeguard the surrounding environment after project completion. Reimbursement specified in the Shinohora settlement would recoup $208,336 of this. The Agency previously approved $588,196 for the project, including $490,163 for URS Corporotion, $50,000 for non-controct expenses of the project such as permit fees and water, and a contingency. A contingency of $43,163 was expended to provide access to the clean up site directly from Main Street instead of via Auto Park Drive, ot the request of existing auto dealers. Of these costs, $361,367 will be reimbursed through a grant from the California Integrated Waste Management Board. The net Agency expense is expected to be $231,633, prior to transfer for development. Barring unforeseen delays in concluding the project, no additional change orders are foreseen. ATTACHMENTS Proposal from URS Corporation j,\COMMDEV\STAFF.REP\04-1 0-01 \URS-changes.doc 07-3 RESOLUTION NO. AGENCY RESOLUTION APPROVING A CHANGE ORDER FOR URS CORPORATION FOR THE CLEAN UP OF A CONTAMINATED HOLDING SITE LOCATED AT 4075 MAIN STREET WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA, AND APPROPRIATING $208,336 IN UNANTICIPATED RECEIPTS FROM THE SHINOHARA ESTATE AND $4,804 FROM THE UNAPPROPRIATED FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT AREA TO FUND THE PROJECT WHEREAS, on October 10, 2000, the Agency approved a contract with URS Greiner Woodward Clyde ("URS") for the clean up a contaminated waste site known as the Shinohara Stockpile located at 4075 Main Street within time constraints dictated by the closure of a portion of the Otay Valley Landfill; and WHEREAS, unanticipated amounts of contaminated materials were discovered within the stockpile site; and WHEREAS, unexpected developments necessitate additional environmental and engineering controls at the site to protect the surrounding environment; and WHEREAS, URS has submitted a change order for the additional work and Agency staff recommended approval of same. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby (1) approve a Change Order Agreement with URS Corporation and (2) appropriate $208,336 in anticipated receipts from the Shinohara Estate and $4,804 from the unappropriated fund balance in the Otay Valley Road Project Area to complete the Work Plan known as Clean Up of the Holding Site at 4705 Main Street, Chula Vista, California. PRESENTED BY APPROVED AS TO FORM BY Chris Salomone Director of Community Development c7-c/ URS March 6, 200 I Ms. Patricia Beard Environmental Projects Manager City of Chula Vista - Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Subject: Second Addendum to Proposal for Excavation and Placement of Bum-Ash-Containing Soil 4075 Otay Valley Road Chula Vista, California URS Reference No. 58-00070024.02-00002 Dear Ms. Beard: URS Corporation (URS) is pleased to provide this second addendum to our "Revised Proposal for Excavation and Disposal of Burn-Ash-Containing Soil, 4075 Otay Valley Road, Chula Vista, California," prepared on October 2, 2000 for the City of Chula Vista (City) Community Development Department. The purpose of this second addendum is to address costs incuITed for additional quantities of burn-ash removed from the site, the subsequent cost for additional backfill material, handling additional oversize material during excavation activities, design and installation of additional drainage and erosion control measures as required by the City Engineering Department, and additional meetings and coordination on behalf of the City. ADDITIONAL EXCAVATION AND BACKFILL As indicated in our "Revised Workplan for the Excavation and Placement of Bum-Ash- Containing Soil, 4075 Otay Valley Road, Chula Vista, California," dated September 19. 2000, previous investigations at the site suggested an approximate volume of 34,000 cubic yards (cy) of bum-ash material was present at the site (19,000 cy in a stockpile and 15,000 cy subsurface). In accordance with our Agreement with the City dated November 1,2000, URS provided notification to the City as soon as it became apparent that the quantities of bum-ash removed from the site would exceed the amounts specified in the contract. The additional quantities are summarized as follows: . 186 cy additional bum-ash removed from the stockpile (19,186 cy total) . 11,219 cy additional subsurface bum-ash excavated (26,219 cy total) . 11,219 cy additional backfilfto compensate for additional excavated volume (26,219 cy total) URS Corporation 1615 Murray Canyon Road. Suite 1000 d~::;- San Diego. CA 92108 Tel: 619.294.9400 Fax: 619.293.7920 W:\DOO70024\OOOO2.CL.00CIS.MAA.OIISDG URS Ms. Patricia Beard City of Chula Vista Community Development Department March 6, 200 I Page 2 HANDLING ADDITIONAL OVERSIZE MATERIAL URS anticipated handling and placement of up to 4 end-dump loads of oversize material during excavation activities. Our October 2, 2000 proposal was prepared based on infonnation presented in reports on previous subsurface investigations conducted at the site, and our understanding-of subsurface conditions at the site. Oversize material is defined as that material which cannot readily pass through the gates of a bottom-dump traiJer, and for which the nonnal rate of loading and unloading is impaired. During excavation of subsurface bum-ash materials at the site, 8 end-~ump loads of oversize material (primarily concrete debris) were loaded and transported to the Otay Class 1 Landfill and placed in an appropriate area at the Landfill as designated by the County of San Diego. ADDITIONAL DRAINAGE AND EROSION CONTROL MEASURES At the time our October 2, 2000 Revised Proposal was prepared for City Council approval, URS assumed standard erosion control measures and no pennanent drainage structures would be required by the City's Engineering Department. As such, URS prepared a standard one-sheet grading and erosion control plan and anticipated two submittals to obtain an approved pennit (the initial submittal, and a second submittal to make the modifications as requested by the Engineering Department). In order to obtain an approved grading plan from the City's Engineering Department for the project, significant erosion control and design modifications related to the installation of a pennanent stonn drain structure were necessary and are summarized as follows: . Preparing and submitting a Geotechnical Engineering Earthwork Recommendations Report (dated December 12,2000) . Submitting the grading/erosion control plan for 3 additional review cycles to the City's Engineering Department . Modifying the drainage design and erosion control measures to include installation of an F-type catch basin, 64 linear feet of 18-inch diameter reinforced concrete pipe (RCP), a headwall, asphalt concrete paving apron and dike around the catch basin inlet, ~ and rip-rap These items were not anticipated or included in our October 2, 2000 proposal. ~-G w ,\QOO70024\OOOO2.CL DOC\5. MAR.O' \500 URS Ms. Patricia Beard City of Chula Vista Community Development Department March 6, 200 I Page 3 MEETINGS AND ADDITIONAL PROJECT COORDINATION URS' subcontractor, West Coast General Corporation (WCGC) was prepared to initiate backfill operations immediately at the conclusion of excavation activities, and had already identified an adequate source of backfill material for the Shinohara project prior to February 2, 2001. Unrelated to our original proposal and at the request of the City, URS and WCGC representatives attended a meeting at the City offices on February 2.2001. and attended various meetings at the site, the Landfill and City project sites during the weeks of February 5, and February 12, 200 I to evaluate po,tential sources of fill material on behalf of the City. URS provided coordination on behalf of the City during this period in order to assist the City with evaluation of approximately 25,000 cubic yards of fill soil at the Otay Landfill that the City wanted to use for backfill at the Shinohara site. URS was also asked to evaluate two other backfill sources (the City Corporate Yard and the Olympic Boulevard site) as potential sources of backfill materials to be used for the project. On February 14, 200 I, URS was notified that the City has found a resolution for the 25,000 cubic yards of fill material at the Landfill, and would not need URS to provide further assistance. SUMMARY OF ADDITIONAL COSTS The estimated fees for the additional items outlined in this addendum are $213,139.98, and are summarized in Table I. Our fees for additional excavation and backfill quantities are based on the unit rates as specified in the November I, 2000 Agreement. Copies of the WCGC proposal for installation of additional drainage structures and invoice for additional oversize material are included as Attachment A. URS appreciates the opportunity to assist the City with this project. If you require additional assistance or have questions regarding the costs presented in this addendum, please call us at (619) 294-9400. Sincerely, URS CORPORATION ~M' !/ ~ Û/~ - M"h~1 W. Nj,"be~ Veryl Wittig Vice President Project Manager cJ- 7 W ,\JJOO70024\OOOO2.Cl. DOCIS.MAR-O 1 ISOG URS Table 1 Summary of Additional Costs Item Cost Additional Slockpiled Burn-Ash Relocation 51,925.00 I (186 cy @ $10.35 percy) Additional Excavation of Subsurtace Burn.Ash 5116,117.00 (11,219cy@ $10.35 percy) ! Estimated Additional Backfilling 556,768.00 (11,219 cy @ $5.06 percy) Loading and Transporting Additional Oversize Material 5868.25 (subcontractor costs) Additional Meetings and Project Coordination Related to Fill Soil at the Otay Landfill on 53,200.00 Behalf of the City Additional URS Labor for Grading Plan and Erosion Control Plan Design Modifications 58,700.00 Additional Drainage and Erosion Control Measures 523,159.00 (subcontractor costs) URS Handling of Subcontractor Costs for Addilional Oversize Material and Additional 52,402.73 Drainage and Erosion Control Measures Estimated Total of Additional Costs 5213,139.98 07 - ~ WIOOO700241OOO02.CLDOC\5.MAR.O1\SOG URS ATTACHMENT A COPIES OF WCGC PROPOSAL AND INVOICE cJ- 9 W,IOOQ700241OO002CLDOC\5.MAR.O1ISDG ~Coast General] l CO:R..PO:R...ATION'" j February 28, 2001 URS Corporation Americas Mr. Veryl Wittig 1615 Murray Canyon Road, Suite 1000 San Diego, CA 92108 RE: Shinohara - Bum Ash Project SUBJECT: Additional charge for oversized material 8 loads total- 4 loads per contract - 4 loads extra work (semi-end dump) 1 ea forman/truck 2 hrs $67.50 $135.00 1 ea loader 2 hrs $150.00 $300.00 2 ea semi-end dumps 2 hrs ea $80.00 $320.00 ---------- ---------. Total cost $755.00 markup 15.00% $113.25 ---------. ---------- Total additional charge for oversized material $868.25 Sincerely, W". Cœ" ""~rn' ~ D~ Vice President . 12243 Highway 67 . Lakeside. CA 92040-1105 . 619(561-4200 . FAX 561-4205 . www.wcgcorp.com d - (0 .55' ~~Cõ = ~-~o-c . L. ~c\i, ~ Coast General] ß:;ORPOR.A. TrO~ February 26,2001 URS Corporation Americas Mr. Very! Wittig 1,615 Murray Canyon Road, Suite: 1000 San Diego, CA 92108 RE: Shinohara - Bum Ash ProjeCt SUBJECT: Proposal Very]: Ite:m Descriptioll ~ Unit'Tvp<: Unit Pric<: IQ1al Mobi]i;;:ation I Lump Sum Lump Sum $1,27900 Slope Repair after pipe: installation I Lump Sum Lump Sum 2,488.00 Crane and Concrete Pump rental 1 Lump Sum Lump Sum 1,200.00 18"RCP 64 LF $125.50 8,032.00 F Catch Basin I EA $3,000.00 3,000:00 Headwall ¡ EA $2,] 00.00 2.100.00 Rip Rap I EA $3,410.00 3,410.00 AC Paving 1 Lump Sum LumpSum 1,200.00 AC Dike 25 LF $18.00 ~ Total Proposal: $23,) 59.00 Sincerely, Gco<p""",, D.'" E, 0....,. ~ Vice President = DEDldh \2008 Burn Ash\pro¡x>sal2-2<1-Q1 12243 ffigh>ny 67 . Lakeside. CA 92040-1105 . 619/561-4200 . FAX 561-4205 . www.wcgcorp.com ~- (( REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: 3 MEETING DATE: 04/10/01 ITEM TITLE: PUBLIC HEARING: TO CONSIDER THE SALE OF SPACE 45 AT ORANGE TREE MOBILE HOME PARK RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 45 AT ORANGE TREE MOBILEHOME PARK SUBMITTED BY: COMMUNITY DEVELOP~ENT DIRECTOR L~~ c...5 REVIEWED BY: EXECUTIVE DIRECTOR {f)f';ofY '1 4/5THS VOTE: YES DNO 0 BACKGROUND In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency ossisted residents in purchasing their park with a $600,000 acquisition loan, which was converted to loans for lower income residents to help them purchase spaces they had been renting. At that time, 29 residents either did not wish to purchase their mobilehome spoce or could not offord to ot the time. The Redevelopment Agency ogreed to purchase the remoining spaces after the newly-formed homeowner's association wos unable to secure the financing to purchase them. Residents who did not purchase their space remained as renters in the Park. The Agency's desire is to sell these spaces as new mobilehome buyers move into the pork, or to sell the space to the current residents now ready to buy. The Agency currently owns 9 spaces, having sold 20 spaces. RECOMMENDATION That the Redevelopment Agency conduct a public hearing, consider testimony, ond adopt a resolution authorizing the Community Development Director to execute 0 purchase controct and related documents for Space 45 at Oronge Tree Mobilehome Park. BOARDS/COMMISSIONS RECOMMENDATION Not applicoble. DISCUSSION On March 21, 2001, Patrick and Kristine Murphy, the current residents of Space 45 at Orange Tree Mobilehome Park submitted an offer to the Community Development Deportment to purchose this ~ - ( PAGE 2, ITEM NO.: MEETING DATE: 04/10/01 spoce. The volue of the property hos been approised at $28,500 ond the buyer has offered to purchase the lot for $26,750. The offer submitted by the buyer is $1,750 less than the oppraised value but staff recommends accepting the offer since the Agency desires to sell the spaces and the buyers are the current resident. This is a request to authorize the Community Development Director to execute a purchase contract and related documents as approved by the City Attorney's office for the sale of Space 45 at Orange Tree Mobilehome Park. Attached os Exhibit 2 is the signed Purchase Contract. California Community Redevelopment Law Article 11, Section 33436 requires a public hearing to consider a sale of agency owned property without public bids. Staff believes that the proposed sale is appropriate even without public bids because the sale is to the current resident for a price consistent with the fair market value of the property. Attached as Exhibit 3 is the Public Hearing notice, which ran in the major local paper on March 30, 2001. FISCAL IMPACT Proceeds of the sale, less the estimated closing costs of $800, will be deposited into the Agency's Low and Moderate Income Housing Set-oside Fund for further use in providing affordable housing programs within the City. ATTACHMENTS 1. Location Map 2. Real Estate Purchase Contract and Receipt for Deposit 3. Public Hearing Notice J:\COMMDEV\STAFF.REP\O4-10-01\SPACE 45.doc 3-.,2 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 45 AT ORANGE TREE MOBILEHOME PARK WHEREAS, the Redevelopment Agency currently owns mobilehome spaces at Orange Tree Mobilehome Park located at 521 Orange Avenue, Chula Vista; and WHEREAS, an offer to purchase space 45 at Orange Tree Mobilehome Park has been received by the Community Development Department from the existing resident for $26,750, which is $1,750 less than the appraised value of such property; and WHEREAS, Article 11, Section 33431 of the California Community Redevelopment Law requires a public hearing be held for any sale or lease of Agency-owned property without public bids; and WHEREAS, said public hearing has been conducted pursuant to Section 33431 for the sale of space 45 at Orange Tree Mobilehome Park; and WHEREAS, the Redevelopment Agency has found and determined that the sale of space 45 at Orange Tree Mobilehome Park to the existing resident, on the terms proposed is for fair value under the circumstances, is in the best interest of the Redevelopment Agency, and is consistent with its housing goals. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Chula Vista as follows: 1. That based on the facts and findings set forth above, the Redevelopment Agency of the City of Chula Vista does hereby approve the sale of space 45 at Orange Tree Mobilehome Park to Patrick and Kristine Murphy for the purchase price of $26,750; and 2. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to execute a purchase contract on the terms presented, in substantially the same form on file in the Office of the Secretary to the Redevelopment Agency, and escrow instructions, each in a final form approved by the Agency Attorney, and with such additional provisions as may be deemed necessary or appropriate thereby; and 3. That the Redevelopment Agency of the City of Chula Vista does hereby authorize the Community Development Director to take such other action as deemed necessary to consummate said sale of space 45 at Orange Tree Mobilehome Park. PRESENTED BY APPROVED AS TO FORM BY ~ ~ Chris Salomone Director of Community Development H:IHOMEICOMMDEVlRESOSlorange tree 45.doc ..3 -3 EXHIBIT "A" DESCRIPTION A Condominium Comprised Of: PARCEL 1: An undivided 1/154th interest in and to Lots 1 and 2 of CHULA VISTA TRACT NO. 87-5 (ORANGE TREE MOBILEHOME PARK), in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 11835 filed in the office of the County Recorder of San Diego County, June 9, 1 987. EXCEPTING THEREFROM the following: (a) All units as shown upon the Condominium Plan of ORANGE TREE MOBILEHOME PARK, recorded July 27, 1987, as File No. 87-420716 of Official Records of San Diego County. (b) The exclusive right to possession of those portions designated as Exclusive Use Areas on the above referenced Condominium Plan. PARCEL 2: Unit S-45 as shown and defined on the Condominium Plan referred to above. PARCEL 3: The exclusive right to possession of those portions of Lots 1 and 2 described in Parcel 1 above, designated as Exclusive Use Areas on the Condominium Plan referred to above as appurtenant to Parcels 1 and 2 above described. EXCEPTING THEREFROM any personal property, if any, located within Parcel 2 above described. .3-cf LOCATION MAP ADDENDUM FileNo 010207 80"""", ~:~~~~ VIST;21 ORANGEAVENUE~ SAN DI GO State CA Z; Code 91911 lendeola~", CITY OF CHULA VISTA REDEVELOPMENT AGEl Add~ 276 FOURTH AVENUE CHULA VISTA CA 9t910 ATTACHMENT 1 J B ¡; 0 E 4 5 MAIN J-s- """""""._";"""-""""'--="" ATTACHMENT 2 ~{~ :;--= ~~~-= crN OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT OFFER TO PURCHASE The undersigned hereby offers $ "-6,7..5'ofor the purchase of the unimproved Space #45 at Orange Tree Mobilehome Park, located at 521 Orange Avenue, Chula Vista. The undersigned understands that this purchase of Space #45 is contingent upon (a) the Redevelopment Agency of the City of Chula Vista's acceptance of such offer, in its sole discretion after a Public Hearing; (b) the execution of all parties of a formal purchase contract; and (c) satisfaction of all contingencies thereunder. The undersigned understands that this offer shall remain in effect for thirty-days from this Offer to Purchase and will expire on ,2001. If the undersigned is unable to secure financing for Space #45 at Orange Tree Mobilehome Park, the undersigned will notify the Community Development Department in writing on or before ,2001. ~,.I1?m.~ ,?/2.t/ Of - Kristine M. Murphy Date p~~ft' ?Þ~tI'/ Date ~ - ro (LH) H:\HomeICommdevlStoredIOffer to Purchase- sp 69[3/21/01 (3:58 PM)] 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5047. FAX (619) 476-5310 m.- REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT This is more than a receipt for money. It is intended to be a legally binding contract. Read it carefully. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT "'Standard Form'" Chula Vista, California ,200- Patrick Murphy and Kristine M. Murphy, ("Buyer") offers to purchase Space 45 at Orange Tree Mobilehome Park, 521 Orange Avenue, Chula Vista ("Property") from the Redevelopment Agency of the City of Chula Vista ("Agency") for the purchase price of $26,750. Agency hereby acknowledges receipt from Buyer, the sum of Three Hundred and Fifty Dollars ($350.00) evidenced by: [ ] Cash [ ] Cashier's Check [X ] Personal Check [ ] Other This deposit shall be payable to the Redevelopment Agency of the City of Chula Vista as deposit on account of purchase of property. Upon acceptance of this offer by Agency, Buyer will deposit into escrow the remaining balance of the purchase price. The Property is situated in the City of Chula Vista, County of San Diego, California, and is more particularly described as follows: SEE EXHIBIT A- LEGAL DESCRIPTION 521 Oranqe Avenue, Space 45, Oranqetree Mobilehome Park. Chula Vista 1. Buyer will deposit in escrow with Heritage Escrow the balance of $26,400 towards the purchase price of $26,750 and any other costs required to be paid by Buyer hereunder - prior to close of escrow. 2. Agency will credit the $350 received as a deposit towards the purchase price of $26,750 3. Buyer represents and warrants that they do intend to occupy the Property as their residence and are not acquiring the Property for purposes of speculation and resale. 4. Buyer and Agency shall deliver signed instruction to the escrow holder within seven (7) days from Agency's acceptance of Buyer's offer. The escrow instruction shall provide for closing within 30 days after Agency's acceptance. Escrow and other fees to be paid as follows: By Agency: . Owner's Title Insurance Policy . One-half of Escrow Fee . Documentary Transfer Tax c3- 7 1 . Document Preparation Fee . IRS Tax Report . One-half of Transfer Fee of Homeowners Association . Proration of Property Taxes and Homeowners Association Fee By Buyer: . One-half of Escrow Fee . One-half of Transfer Fee of Homeowners Association . Proration of Property Taxes . Proration of Homeowner's Association Fees 5. If the sale is not completed due to fault of the Buyer, Buyer shall be responsible for any escrow and related fees. 6. Agency's acceptance of Buyer's offer to purchase the Property on the terms set forth herein shall occur upon Agency Board approval of this agreement after a public hearing and Agency's execution hereof. 7. Buyer acknowledges having received copy of the Declarations, Covenants, Conditions and Restrictions and all amendments hereto, if any, governing the described property, together with a copy of the By-laws of the Orange Tree Homeowners Association. 8. This agreement constitutes the entire agreement between the parties. Any other agreements between the parties related to the subject matter hereof, either oral or written, are hereby superseded. 9. Buyer agrees and acknowledges that it is their sole responsibility to make an - independent investigation to the extent Buyer deems appropriate, concerning the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and suitability of the subject property, including, but not limited to, land use, zoning and other governmental restrictions and requirements. Buyer is acquiring the subject property "as is", in its present state and condition solely in reliance upon Buyer's own investigation, and no representations or warranties of any kind, express or implied, have been made by the Agency or its representatives, except as expressly set forth in this Agreement. Buyer unconditionally releases Agency from and against any and all liability, both known and unknown, present and future, for any and all damages, losses, claims and costs (including without limitation, the existence of hazardous materials), or the subject property's non-suitability for intended use. With respect to this Section, Buyer waives the provisions of California Civil Code Section 352 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." J ~ 'i 2 9.1 Buyer will accept the Property, and the matters relating to the Property listed below, in the present "as is' condition. The matters are: a. Soils. Topoqraphy, Etc. Soils and geological condition; topography, area and configuration; archeological, prehistoric and historic artifacts, remains and relics; endangered species. b. Utilities. Schools. Etc. Availability of utilities, schools, public access, and fire and police protection. c. Assessment Districts. The status and assessments of any and all assessment districts. d. Planninq and Zoninq. Applicable planning, zoning, and subdivision statutes, ordinances, and regulations. e. Easements and Encroachments. Any easement, license, or encroachment, which is not a matter of public record, whether or not visible upon inspection of the Property. f. Other Matters. Any other matter relating to the Property or to the development of the Property, including, but not limited to, value, feasibility, cost, governmental permissions, marketing and investment return. 10. Real Estate Commissions. Each party warrants to the other that no brokers or finders have been employed or are entitled to a commission or compensation in connection with - this transaction. Each party agrees to indemnify, protect, hold harmless and defend the other party from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. Dated: Dated: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ~-I1;,/JT~ Kristine M. Murphy. ~~~ð Chris Salomone Community Development Director ¿- 1 3 ATTACHMENT 3 ~~~ :-~-= -s:-::-= =- CllY OF CHUlA VISfA COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE REDEVELOPMENT AGENCY of the City of Chula Vista in the City Council Chambers located in the Public Services Building, 276 Fourth Avenue, to consider the following: HEARING DA TEITIME: March 10 at 4 p.m. PROJECT DESCRIPTION: 521 Orange Avenue, Space 45 PURPOSE OF HEARING: Request to purchase Orange Tree Mobilehome space #45 from the City of Chula Vista for $26,750. Any written comments or petitions to be submitted to the Redevelopment Agency must be received in the Community Development Department no later than noon on the date of the hearing. Please direct any questions or comments to Diem Do in the Community Development Department or by calling 585-5731. Please reference project in all correspondence. If you wish to challenge the City's action on this application in court, you may be limited to only those issues you or someone else raised at the public hearings, or in written correspondence delivered to the Community Development - Department's Housing Division at or prior to the public hearing described in this notice. A copy of the application and accompanying documentation and/or plans are on file and available for inspection and review in the Community Development Department's Housing Division. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please call (619) 585-5722 for specific information. Service for the hearing impaired by calling 585-5647. ~ -(0 276FOURTHAVENUE' CHULAVISTA' CALIFORNIA 91910' (619)691-5047' FAX (619) 476-5310 ~o._,c_",-".o"-^","o..,,.