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HomeMy WebLinkAboutAgenda Packet 2001/03/06 CITY COUNCIL AGENDA March 6, 2001 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CrlY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuegday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 I Oeclare under penalty el perj~ that ! employed by the City et Cltula V~tlln .t~_.. do~ti~ m~#~tn ~ ~#ng / P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH: JENNIFER BLOCKER, CUSTODIAN I - PUBLIC WORKS/OPERATIONS · PRESENTATION OF A PROCLAMATION PROCLAIMiNG THE MONTH OF MARCH 2001 AS COLORECTAL CANCER AWARENESS MONTH TO JOHN DORSO, CHAIRPERSON OF THE COLORECTAL iNITIATIVE TEAM, AND TO SELINA TRAVERS, REGIONAL DIRECTOR OF CANCER CONTROL - BORDER REGION CONSENT CALENDAR (Items 1 through 12) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF M1NUTES of February 20 and February 27, 2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on February 27, 2001, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A REVISED CITY COUNCIL POLICY NUMBER 478-03, TITLED, "ALL-WAY STOP" On May 2, 2000, Council directed staff to revise the all-way stop policy as a result of the proliferation of stop signs throughout the City, and to arrange for a joint workshop with the Safety Commission to discuss the proposed revisions. The joint workshop was held on January 18, 2001, during which Council directed staff to present the proposed changes to the Safety Commission at its next meeting, and to report the Commission's recommendation in the form of a resolution for Council adoption. On February 8, 2001, the Safety Commission accepted staff's report with one modification and recommended that the proposed changes to the existing policy be brought forward to Council for adoption. (Director of Pul51ic Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $19,750 FROM THE AVAILABLE BALANCE OF THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF AN EIGHT-PASSENGER VAN (4/5THS VOTE REQUIRED) The 1989 eight-passenger van currently in the City's vehicle pool is due to be replaced next fiscal year. However, the 1976 van currently used by the Juvenile Offender Graffiti Eradication Program is in poor condition and is unsafe to drive. Therefore, by replacing the pool van now, the Juvenile Offender Graffiti Eradication Program will be able to use the 1989 van. The 1976 van will then be removed from service. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES FOR THE INTERSECTION OF OLYMPIC PARKWAY AT CONCORD WAY, WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY On January 23, 1996, Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by Caltrans, nine amendments to this contract have been made. The tenth amendment to the contract will provide for final design drawings of the signalized intersection of Olympic Parkway at Concord Way and commensurate revisions to the landscaping plans. (Director of Public Works) Staff recommendation: Council adopt the resolution, Page 2 - Council Agenda 03/06/01 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZiNG THE CITY MANAGER TO EXECUTE AN OPTION AGREEMENT WITH THE H.G. FENTON COMPANY FOR THE POTENTIAL ACCEPTANCE OF 4.63 ACRES OF VACANT PROPERTY LOCATED AT 2400 FAIVRE STREET AS A DONATION TO THE CITY The H.G. Fenton Company has requested that the City enter into an Option Agreement for the potential donation of 4.63 acres of vacant undeveloped property located at 2400 Faivre Street. The H.G. Fenton Company wishes to sell the property as an economic development parcel, consistent with the underlying limited industrial (I-L) zone. However, if at any time over the next ten years, they decide to donate the land to the City, the option agreement will stipulate that the City shall accept the property. The option agreement provides that the H.G. Fenton Company will correct any issues related to the property to the City's satisfaction in advance of any donation. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG GRANT DEED FOR REAL PROPERTY FROM THE CITY OF SAN DIEGO FOR THE PURPOSES OF THE PLANNED OTAY VALLEY REGIONAL PARK In 1990, the Cities of Chula Vista and San Diego, as well as the County of San Diego adopted a Joint Exercise of Powers Agreement (JEPA) enabling the three jurisdictions to coordinate, acquire, plan and design the Otay Valley Regional Park (OVRP). Over the past several years the three jurisdictions have been pursuing and receiving grant funds for the acquisition of property for assembly of the OVRP. The three jurisdictions agreed that the City of San Diego's Real Property Division would facilitate the acquisitions. The City of San Diego is again requesting that the City of Chula Vista accept land, totaling 61.34 acres, targeted for the OVRP. This will bring Chula Vista's ownership of OVRP land to 135.96 acres. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET FOR THE LIBRARY DEPARTMENT TO A) UPGRADE AN EXISTING .87 TEMPORARY EXPERT PROFESSIONAL POSITION TO A 1.0 FULL-TIME-EQUIVALENT FAMILY AND AFTERSCHOOL LITERACY SUPERVISOR AND B) APPROPRIATE $8,100 iN UNANTICIPATED REVENUE FROM A QUALCOMM GRANT TO PAY FOR THE POSITION FOR THE REMAINDER OF THE FISCAL YEAR AND FUND START-UP COSTS FOR A NEW AFTER SCHOOL LITERACY PROGRAM (4/5THS VOTE REQUIRED) Page 3 - CouncilAgenda 03/06/01 The Educational Services Division is embarking on a new program this spring aimed at improving literacy among school children, in response to numerous ongoing requests from parents in the community to provide literacy tutoring for their children. This program will be based on the successful STRETCH model and curriculum, which is designed to promote academic achievement. In order to fully implement this program, the Library recommends upgrading an existing .87 Temporary Expert Professional position to a 1.0 full-time-equivalent Family and Afierschool Literacy Supervisor. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING THE FOLLOWING TO THE LIBRARY DEPARTMENT BUDGET: A) UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $7,796 FOR THE EVEN START FAMILY LITERACY GRANT, B) UNANTICIPATED GRANT AUGMENTATION FUNDS 1N THE AMOUNT OF $1,500 FOR THE CALIFORNIA DEPARTMENT OF EDUCATION GRANT, AND C) DONATIONS IN THE AMOUNT OF $500 FOR THE CHULA VISTA LITERACY PROGRAM (4/5THS VOTE REQUIRED) The California Department of Education recently advised the Chula Vista Public Library that the City's Even Start grant in the amount of $223,522 has been augmented by $7,796, specifically for the purpose of providing project staff with professional development activities. The Department of Education also advised the Library that the City's WIA231 literacy grant in the amount of $3,500 has been augmented by $1,500. These funds will be used to augment the hours of the Family Literacy program's support staff person, which were reduced due to lower-than-expected grant funds received from the Families for Literacy grant and the California State Library Association matching grant. Finally, $500 in donations were received from the Friends of the Chula Vista Library to fund the cost of a Family Phonics instructor for the Family Literacy program. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH EXP~NETS FOR MAINTENANCE OF THE CITY'S NEC NEAX 2400 TELEPHONE SWITCH FOR A PERIOD OF ONE YEAR, WITH AN OPTION TO RENEW THE AGREEMENT FOR SEVEN ADDITIONAL ONE-YEAR OPTION PERIODS On July 12, 1985 the City installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing outgoing calls to the least expensive path before completing the call. The switch also provides "station-to-station" calling which is the feature that allows all calls from one City phone to another to be handled entirely in the switch thereby eliminating any PacBell charges. The maintenance contract of the City's telephone switch expired in early February and we are currently utilizing a month-to-month arrangement for service. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. Page 4 - CouncilAgenda 03/06/01 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIViNG THE FORMAL BIDDiNG PROCESS AND APPROViNG A SOLE- SOURCE PURCHASE AGREEMENT WITH DATA GENERAL CORPORATION TO UPGRADE THE EXISTING AV6600 MINICOMPUTER In Fiscal Year 1998/1999, Council approved project GG152 for the purchase and installation of a fiscal system. This system included the IFAS software, as well as hardware from Data General Corporation. Staff has successfully implemented the IFAS sotNvare and has also converted all of the software programs that were run from the Unisys mainframe to nm on the Data General as well. Due to the number of programs now running on the existing Data General, a computer with a faster processor is needed. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYiNG CITY STAFF'S ACTION ON THE CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING STAFF TO PROCESS LIP TO AN ADDITIONAL $250,000 FOR A CUMULATIVE AMOUNT OF $500,000 1N CHANGE ORDERS On September 26, October 17, October 24, and November 14, 2000, Council approved the award of multiple contracts for the construction of the Corporation Yard project. Highland Partnership, Inc., the City's Construction Manager, along with City Staff, have been overseeing the construction work. On September 26, 2000, Council amended Policy No. 574-01, authorizing the City Manager to approve all change orders pertaining to the job, with a single change order value not exceeding $50,000 and a cumulative value of up to $250,000. Adoption of the resolution will ratify staff's recent actions on the change orders associated with the project and will authorize the expenditure of up to $445,071 for said change orders as reviewed and approved by City staff. It will also permit staff to use another $250,000 for change orders in accordance with the above- mentioned policy. (Director of Public Works) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 5 - Council Agenda 03/06/01 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) The current International Association of Firefighters' Memorandum of Understanding (MOU) expires on June 30, 2003. The IAFF and City reopened the MOU to discuss compensation and retirement benefits. The proposed amendments will extend the term of the MOU by two years, increase wages to retain a competitive pay structure with other municipal fire agencies in the county, and provide significant retirement enhancements in 2002. (City Manager) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (LOCAL 2180), EXTENDING THE MOU FOR TWO YEARS AND PROVIDING ADDITIONAL COMPENSATION AND BENEFITS, AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET, APPROPRIATING $168,500 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR'S REPORTS 16. COUNCIL COMMENTS Page 6 - Council Agenda 03/06/01 CLOSED SESSION 17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Municipal Golf Course on Bonita Road and seven adjacent acres. Negotiating Parties: City of Chula Vista (Sid Morris, Chris Salomone), American Golf, County of San Diego, C.W. Clark, C.W. Clark, Inc.; Jeff Phair, The Phair Co.; and Scott Robinson. Under Negotiation: Purchase price/lease rate and other terms and conditions for possible disposition of City-owned property and/or lease buy-out or restructure. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case 19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) A. Cowen v. City of Chula Vista (USDC 99CV05165LAB) B. Marruenda v. City of Chula Vista (SBSC GIS 3261) C. Tuchscher Development, Inc. v. Lermar (GIC 758620) D. Miller v. City of Chula Vista (SDSC GIS 758186) ADJOURNMENT to the Regular Meeting of March 20, 2001, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda 03/06/01 February 23rd, 2001 MEMO TO: City Clerk ~,,~ ~/2 FROM: Patty Wasp, City Council Office 5UB~TECT: 5PECT. AL ORDER5 OF THE DAY - 3/06/01 Mayor Horton has requested that the following proclamation be docketed for the first meeting in March: Proclaiming the Month of March 2001 as Colorectal Cancer Awareness Month The proclamation will be presented to ~Tohn Dorso, Chair, Colorectal Initiative Team and Selina Travers, Regional Director, Cancer Control Border Region. Thank You. Cc: Armondo Buelna Patricia 5olvacion CHULA VISTA OFFICE OF THE CITY A'~TORNEY Date: February 28, 2001 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 2/27/01 The City Council of the City of Chula Vista met in Closed Session on 2/27/01 to discuss: · CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: The Chula vista Municipal Golf Course on Bonita Road and seven adjacent acres Negotiating City of Chula Vista (Sid Morris, Chris Salomone), Parties: American Golf, County of San Diego, C. W. Clark, C. W. Clark, Inc.; Jeff Phair, The Phair Co.; and Scott Robinson Under Purchase price/lease rate and other terms and con- Negotiation: ditions for possible disposition of City-owned property and/or lease buy-out or restructure. ® CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C): Two Cases CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION $4956.9(B): One case The Redevelopment Agency of the City of Chula Vista met in Closed Session on 2/27/01 to discuss: ® CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956°8: Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast 276FOURTHAVENUE~CHU~VISTAoCALIFORNIA 919~0o(619)691-~37oFAX(610)~ 409-582S corner of Fourth Avenue and F Street) Negotiating City Council/RedevelopmentAgency (Sid Morris/Chris Parties: Salomone), and Chula Vista Center (Robert Caplan) Under Negotiation: Price and terms and for acquisition The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk CITY OF CHULA VISTA CITY COUNCIL AGENDA STATEMENT Item No. Meeting Date 3/06/01 ITEM TITLE: Resolution Adopting a Revised City Council Policy, Number 478-03, Titl6d "All-Way Stop." SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ~t0~' (4/5ths Vote: Yes __ No X ) At their May 2, 2000 meeting, City Council directed staff to revise the all-way stop policy as a result of the proliferation of stop signs throughout the City, and to arrange for a joint workshop with the Safety Commission to discuss the proposed revisions. The joint workshop was held on January 18, 200 l, during which Council directed staff to present the proposed changes to the Safety Commission at their next meeting, and later to report the Safety Coinmission's recommendation in the form of a resolution for adoption by City at a future Council meeting. At their meeting of February 8, 2001, the Safety Commission accepted staff's report with one modification and recommended that the proposed changes to existing Policy Number 478-03, dated July 27, 1999 and adopted by Council Resolution No. 19547, be brought forward to the City Council for adoption. RECOMMENDATION: That the City Council approve the resolution adopting a revised City Council Policy, Number 478-03, titled "All-Way Stop." BOARDS AND COMMISSIONS RECOMMENDATIONS: The Safety Commission, at their meeting of February 8, 2001, voted MSC (Liken/White) 6-0-1 with Commissioner Acton absent, to accept the staft's report which recommends changes to the existing Policy Number 478-03, dated July 27, 1999 and adopted by Council Resolution No. 19547. After months of discussion, several workshop meetings and many versions of the proposal for a revised policy, City staff and the Safety Commission agreed to forward the revised policy to the City Council with a recommendation that City Council approve the resolution adopting this revised policy with one minor modification. This modification to City staff's report recommended reduction of the number of points required for justification of an all-way stop from 50 points to 45 points. The existing policy required 35 points out ora possible 100 points (35%) to allow all-way stop control. The previous policy required 30 points out ora possible 54 points, which represented over 55% of the total points. It was the Safety Commission's opinion that a mid-point of 45% would set a threshold for the revised policy that would be mid-way between the conservative threshold of the previous policy and the liberal threshold of the current policy; thus the Safety Commission recommended the 45 points out of a possible 100 points as the threshold. Item Meeting Date 3/06/01 DISCUSSION: At their May 2, 2000 meeting, Council directed staff to revise the current all-way stop policy as a result of the proliferation of stop signs throughout the City, and to arrange for a joint workshop with the Safety Commission to discuss the proposed revisions. The joint workshop was held on January 18, 2001, during which Council directed staff to present the proposed changes to the Safety Commission at their next meeting, and later to report the Safety Commission's recommendation in the form of a resolution for adoption by City at a future City Council meeting. On February 8, 2001, the Safety Commission accepted City staff's report with one modification and recommended that the proposed changes to existing Policy Number 478-03, dated July 27, 1999, and adopted by Council Resolution No. 19547, be brought forward to the City Council for adoption. The existing All-Way Stop Policy includes criteria listed in the CalTrans Traffic Manual and the Manual of Uniform Traffic Control Devices. Actual need for an all-way stop is determined by an engineering study, which examines the special characteristics of the site. The existing policy states that the purpose of a fully justified, properly installed all-way stop is to effectively assign right-of- way and maintain safety. The City's policy for the installation of an all-way stop control is based on a point system. Under that system, points are assigned to traffic factors based on the severity of traffic conditions, and a minimum number of points is required before a stop sign is warranted. Staff has revisited the current policy. As a result, the following is a discussion of the proposed revisions to the policy and the future status of the warrants: 1) The number of points needed for justification of an all-way stop control is increased from 35 points to 45 points. Staff had recommended a 50-point threshold, but after extensive discussion with the Safety Commission, staff now concurs with the 45-point threshold. 2) The Accident Warrant: For this criteria, the assigned number of points per collision is maintained at 5 points for each accident susceptible to correction by an all-way stop control and the total is maintained at a maximum of 25 points. 3) The Unusual Condition Warrant: The responsibility of waiving the 45-point minimum requirement is kept with the City Engineer, or his designee. The unusual conditions are described more specifically in the proposed changes. The 21 total maximum points remain the same as the current policy. However, there are refinements on how the points are assigned for each unusual condition. 4) The Pedestrian Volume Warrant: Here again, the importance of pedestrian traffic is revised from the current policy to decrease the number of pedestrians required to obtain points as explained in the attached All-Way Stop policy evolution. The maximum number of points, however, remains at 20. Item Meeting Date 3/06/01 5) The Traffic Volumes Warrant: The maximum number of points for vehicular volume is unchanged; however, breakdow~ of various traffic volume scenaxios are added to this section in order to address different field conditions. The 24 total points for this warrant, however, remains the same as the current policy. 6) The Traffic Volume Difference Warrant: This section remains the same as the existing All- Way Stop policy Traffic Volume Difference section, with a maximum of 10 points. Staff recon~a~ncnds that the City Council accept City staff's report which proposes changes to the existing Policy Number 478-03, dated July 27, ! 999 and adopted by Council Resolution No. 19547. FISCAL IMPACT: None. Exhibit A: All-way Stop Policy Evolution Final Form of All-way Stop Policy File: 0120-10-KY119 0760-95-CY029 H:LHOME\ENGINEER~GENDA~ALLWAY.JCM.doc ~LL-WAY STOP POLICY EVOLUTION PUP, POSE: PURPOSE: PURPOSE: ~ The pnrpose of a fully justified, properly installed all-way stop is The purpose of a fully justified, properly installed all-way stop is The purpose of a fi~lly justified, properly installed ail-way stop is oeffec ively assign fight, of-way, maintain safety and reduce to effectively assign right, of-way, mainlain safety and reduce to effectively assign right, of;way, ma!nta!r, enhance pedestrian vehicle delay. Generally, all-way stops are installed where traffic vehicle delay. Generally, all-way stops are installed where traffic safety and rzdue~ ntinilniae vehicle delay. Generally, all-way signals are warranted and/or an accident history has been indicated signals are warranted and/or an accident history has been indicated stops are installed where traffic signals are warranted and/or an by reported accidents of a type susceptible to correction by an by reported accidents of a type susceptible to correction by an accident history has been indicated by reported accidents of a type all-way stop. all-way stop. susceptible to correction by an all-way stop. POI.ICY STATEMENT: POLICY STATEMENT: PO[~ICY STAT~EMENT: It shall be the policy of the City of Chula Vista, through the It shall be the policy of fl~e City of Chula Vista, through the It shall be the policy of the City of Chula Vista, through the Department of Public Works~ngineering Division, to warrant the Department of Pubbc Works/Engineering Division, to warrant the Department of Public Works/Engineering Division, to warrant the mslalhttion of Ali-Way Stops in accordance with the following installation of Ail-Way Stops in accordance with the following installation of All-Way Stops in accordance with the following policy statements: policy statements: policy statements: The California Vehicle Code, Section 21350 thru 21355, give the The California Vehicle Code, Section 21350 thru 21355, give the The California Vehicle Code, Section 21350 thru 21355, give the aulhority to local agencies to install all-way stop traffic controls authority to local agencies to install all-way stop ixaffic controls authority to local agencies to install all-way stop traffic controls upon streets in their respective jurisdiction, upon streets in their respective jurisdiction, upon streets in their respective jurisdiction. According to Federal and State traffic control guidelines, all-way According to Federal and State traffic control guidelines, all-way According to Federal and State traffic control guidelines, all-way stop installations should be reserved for the control of vehicular stop installations should be reserved for the control of vehicular stop inst~,llationa should he reserved for the control of reticulate traffic conflicts at intersections and should not be used as devices traffic conflicts at intersections and should not be used as devices traffic conflicts at intersections and should not be used only as to control speed, to control speed, devices to control speed. The City's policy for the installation of an all-way stop control is The City's policy for the installation of an all-way stop control is The City's policy for the installation of an ail-way stop control is based on a point system. Points are assigned to traffic factors based on a point system. Points are assigned to traffic factors based on a point system. Points are assigned to traffic factors based on the severity of truffle conditions. Factors measured are: based on the severity of traffic conditions. Factors measured are: based on the severity of traffic conditions. Factors measured are: l ) accident records 1) accident records 1 ) accident records 2) unusual condition 2) unusual condition 2) unusual condition 3) pedestrian volumes 3) pedestrian volumes 3) pedestrian volume 4) traffic volumes 4) traffic volumes 4) traffic volume 5) traffic volume differentials 5) traffic volume differentials 5) traffic volume differentials ALL-WAY STOP POLICY EVOLUTION GENERAL: GENERAL~ GENEKAL: A fillly justified, properly installed albway stop can effectively assign A fi~lly justified, properly installed all-way stop can effectively assign A fidly justified, properly installed all-way stop can effectively assign right of way, reduce vehicle delay, and decrease accidentS. Generally, an right of way, reduce velucle delay, and decrease accidents. Generally, an fight of way, ~educe vehicle delay, and decrease accidents. all-way stop is reserved for tile use at the intersection of two tl~rough ali-way stop is reserved for the use at the intersection of two through highways, and only as an interim traffic control measure prior lo highways, and only as an interim traffic conh'ol n~asure prior Io higkway:, aad--ont~s--a~--.4nterdm-g'a~ffie 5) Pedestrian volume 5) Pedesta4al;vc]:me-Trafficvohtmedifference 5) Traffic volume difference district as defined ht ~eetlon 515 of the California Vehicle Code, avtd Vehicte Code, and (d) There is a parallel arterial highway that can be (d) There is a parallel arlerial highway that can be used The subject ilttersection shall receive a bonus of lO points. The subject intersection shall receive a bonus of I0 points. ALL-WAY STOP POLICY EVOLUTION ALI.-WAY STOP POINT SYSTEM CRITERIA: ALL-WAY STOP POINT SYSTEM CRITERIA: ALL-WAY STOP POINT SYSTEM CRITERIA: 1) ACCIDENT WARRANT: 1) ACCIDENT WARRANT: 1) ACCIDENT WAIIRANT: (2$points) Two Poinls are assigned for each accident susceptible to Two Five Points are assigned for each accident susceptible to Five Points are assigned for each accident susceptible to correction by an ali-way stop control during one full year prior con-celica by an all-way stop control during .~.ne 5al! yoar arty correction by an all-way stop control during any 12-month to the investigation dale. 12-month period prior to the investigation date. period prior to the investigation date, Total number of accidents correctibIe by all-way stop: __ Total number of accidents correctible by all-way stop: Total number of accidents correctible by all-way stop: __ Maximum 14 points Max/mum 44 25 points Maximum 25 points 2) UNUSUAL CONDITION WARRANT: 2) UNUSUAL CONDITION WARRANT: 2) UNUSUAL CONDITION WARRANT: (21points) Where nmlsual conditions exist, snch as a school, fire station, Where unusual conditions exist, such as a school, fire station Where unusual conditions exist, such as a school, fire station playground, horizontal or vertical curves, etc., points are assigned p ayground, horizontal or verhcal curves, ~ts., points are assigned playground, horizontal or vertical curves, etc., points are assigned  on the basis o£ engineering judgment. Unusual conditions shall be on the basis of engineering judgment. Unusual conditions shall be on tile basis of engineering judgn~nt. Unusual conditions shall be considered only if within. 500 feet of the subject intersection. In considered only if within 500 feet of the subject intersection. In considered only if within 500 feet of the subject intemeodon. In residential neighborhoods where there is a concentrafion of school residential neighhorhoods where there is a concentration of schoo residential neighborhoeds where there is a concentration of school- age chddren activities separated from the residential neighborhood age children activities separated from the residential neighborhood age children activities separated from the residential neighborhood by a collector street and coupled with other conditions, file CiO/ by a collector street and coupled w/th other conditions, the City by a collector street and coupled with other conditions, the City Traffic Engineer ~my apply traffic engineering judgment and waive :r~m4ge Engineer or his designee may apply traffic engineering Engineer or his designee may apply traffic engineeringjudga~nt and the 30-point minimum point requirement to qualify the intersection judgment and waive the 30 $5-point minimum point requirement to waive the ~5. 50-point minimam point requirement to qualify the for an all-way stop control, qualify the intersection for an all-way stop control, intersection for an all-way stop control . The 30-poim minimum requirement ~ be waived and an all-way Tile 30 35-point minimum requh-ement may be waived and an The ~5 50-point mimmum requirement ~ be waived and an stop may he instslled only if less restrictive controls have not all-way stop may be installed only if less restrictive controls have not all-way stop may be installed only if less t~eslricfive controls have not corrected a docmv, entad problem, corrected a documented problem, corrected a documented problem. All-way stops ~ be justified based on projected volumes All-way stops ~ be justified based on projected volumes and All-way stops may be justified based on projected volumes and andaccident frequency when traffic signals are warranted and accident frequency when traffic signals are warranted and will be accident frequency when traffic signals are warranted and will be wdl be installed within a specified period of time. installed within a specified period of time. installed within a specified period of rime. UNUSUAL CONDITIONS Pohtts UNUSUAL CONDITIONS: Polnta Maximum [ 0 Points 1) Adjacent to school, fire station, playground, settlor 7 1 ) Adjacent to school, fire station, playground, g center, atnusement liarb, etc. senior center, amusement park,--o~. ( 7 poittts maxitttttm ) a) ~,ithht 100' of the httersection. 7points b) between J O0'-2$O' from tile ltttersection 5points 0 bet}~een 2$O'-400'from the intersection 3 pohtts d) within $OO' of the tntersection l point (cont.) , (cont.) COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 1 of 9 ADOPTED BY: Resolution No. I DATED: BACKGROUND The Caltrans Traffic Manual and the Manual on Uniform Traffic Control Devices list criteria in determining the need for an all-way stop. Actual need for an all-way stop is determined by an engineering study, which examines the special characteristics of the site. All-way stop signs are restrictive controls since they require all motorists entering the intersection to stop at all times. When stop signs are installed for speed control and/or there is no apparent traffic reason for th~ stop (little or no cross traffic), motorists regard the stop sign as an unnecessary impediment, and often times do not make a complete stop. When this occurs, the expectations of other drivers and pedestrians are altered, thereby jeopardizing the safety performance of the intersection. Although speeds will be lower in the vicinity of the stop, speeds may be higher mid-block as motorists try to make-up for the perceived time lost at the stop sign. Another negative aspect of unwarranted stop signs is the increase in noise and pollution as ~notorists apply their brakes to slow down and accelerate out of the intersection. However, all-way control intersections generally have a lower accident rate in contrast to the uncontrolled intersections or two-way stop control intersections, and they provide for safer pedestrian crossing, thereby promoting walkable communities. It is impractical to install an all-way stop (or other traffic control device such as a traffic signal) whenever and wherever a request is made; otherwise during peak periods, extended delays to motorists may result, thus forcing motorists to seek alternate routes through parallels streets, often a residential area. A Traffic Engineer's primary goal is to ~naintain safety and reduce vehicle delay. In some instances, however maintaining and enhancing traffic safety will result in increased delays. PURPOSE: The purpose of a fully justified, properly installed all-way stop is to effectively assign right-of-way, enhance ~edestrian safety and minimize vehicle delay. Generally, all-way stops are installed where traffic signals are warranted and/or an accident history has been indicated by reported accidents of a type susceptible to correction by an all-waY stop. POLICY STATEMENT: It shall he the policy of the City of Chula Vista, through the Department of Public Works/Engineering Division, to warrant the installation of All-Way Stops in accordance with the following policy statements: The California Vehicle Code, Section 21350 thru 21355, give the authority to local agencies to install all-way stop traffic controls upon streets in their respective jurisdiction. According to Federal and State traffic control guidelines, all-way stop installations should be reserved for the control of vehicular traffic conflicts at intersections and should not be used only as devices to control speed. COUNCIL POLICY CITY OF CItULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 2 of 9 ADOPTED BY: Resolution No. I DATED: The City's policy for the installation of an all-way stop control is based on a point system. Points are assigned to traffic factors based on the severity of traffic conditions. Factors measured am: 1 ) Accident records 2) Unusual conditions 3) Pedestrian volume 4) Traffic volume 5) Traffic volume differentials GENERAL: A fully justified, properly installed all-way stop can effectively assign right of way, reduce vehicle delay, and decrease accidents, q~e posting of an intersection for all-way stop control should be based op factual data. Warrants to be considered include: 1 ) Accident records 2) Unusual conditions 3) Pedestrian volumes 4) Traffic volume 5) Traffic volume difference Points are assigned to each of these warrants. The total points possible are 100~ The installation of an all-way stop control is justified with a minimum of 45 points, unless: Case 1: If Caltrans~ criteria is met, the point system is not applicable. Case 2: If any of the five criteria is met to the extent of 100% an all-way stop control intersection may be warranted even though the minimum number of points is not accumulated. Case 3: If the following conditions are met: (a)The street to be controlled is within a residence district as defined in Section 515 of the California Vehicle Code, and (b)The street to be controlled is classified a collector or is functioning as a collector, and (c)The subject intersection is not within 600 feet from the nearest controlled intersection along the collector, and (d)There is a parallel arterial highway that can be used as an alternative route, then The subject intersection shall receive a bonus of 10 points. PO1NTS: COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 3 of 9 ADOPTED BY: Resolution No. I DATED: ALL-WAY STOP POINT SYSTEM CRITERIA: 1) ACCIDENT WARRANT: ( 25 points ) Five Points are assigned for each accident susceptible to correction by an all-way stop control during any 12- month period prior to the investigation date. Total number of accidents correctible by all-way stop: __ Maximum 25 points POINTS: 2) UNUSUAL CONDITION WARRANT: ( 21 points ) Where unusual conditions exist, such as a school, fire station, playground, horizontal or vertical curves, etc. points are assigned on the basis of engineering judgment. Unusual conditions shall be considered only if within 500 feet of the subject intersection. In residential neighborhoods where there is a concentration of school-age children activities separated from the residential neighborhood by a collector street and coupled with other conditions, the City Engineer or his designee may apply traffic engineering judgment and waive the 45~point minimum point requirement to qualify the intersection for an ali-way stop control. The 45-point minimum requirement may be waived and an all-way stop may be installed only if less restrictive controls have not corrected a documented problem. All-way stops may be justified based on projected volumes and accident frequency when traffic signals are warranted and will be installed within a specified period of time. UNUSUAL CONDITIONS: 1 ) Adjacent to school, fire station, playground, senior center and/or amusement park. (7 points maximum ) a) within 100' of the intersection. 7 points b) between 101'-250' from the intersection 5 points c) between 251'-400' from the intersection 3 points d) within 500' of the intersection 1 point 2) Any visibility obstruction including horizontaI and/or vertical curves which result in limited stopping sight distance based on either the posted speed limit or the 85% tile speed, whichever is higher. (7 points maximum) a) provides for less than 40% of the required sight distance. 7points b) provides for less than 50% of the required sight distance. 6 points c) provides for less than 60% of the required sight distance. 5 points d) provides for less than 70% of the required sight distance. 4 points e) provides for less than 80% of the required sight distance. 3 points f) provides for less than 90% of the required sight distance. 2 points g) provides for less than 100 % of the required sight distance. 1 point COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 4 of 9 ADOPTED BY: Resolution No. I DATED: 3) An intersection leading to an arterial from an interior (circular) collector. (2 points) 4) Intersection with steep grades within 500' from the intersection on the downhill approach. a) greater than 9% grade 7 points b) greater than 8% grade 5 points c) greater than 7% grade 3 points d) greater than 6% grade 1 point 5) Intersection is on "Suggested Route To School" and no other controlled crossing is located within 600'. (7 points maximum) a) intersection is 300' from school grounds. 7 points b) intersection is 400' from school grounds 5 points c) intersection is 500' from school grounds 3 points d) intersection is 600' from school grounds 1 point 6) High approach speeds. a) prevailing speeds are up to 5 mph higher than posted speed. 1 point b) prevailing speeds are up to I0 mph higher than posted speed. 4 points c) prevailing speeds are more than 10 mph higher than posted speed. 7 points 7) Adjacent to bus stop 2 points Public mailbox 2 points School bus drop-off 7 points Maximum 21 points POINTS: 3) PEDESTRIAN VOLUME: ( 20 points ) Consideration is given to large numbers of pedestrians crossing the major street during the busiest hour of an average day. Pedestrians crossing major street, Total during the peak pedestrian hour Volumes: 1-10 11-20 20-30 31-40 41-OVER Points: 4 8 12 16 20 Maxi~num 20 points POINTS: COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 5 of 9 ADOPTED BY: Resolution No.IDATED: 4) TRAFFIC VOLUME: ( 24 POINTS ) Points are dependent upon the magnitude of vehicular volumes entering the intersection during the eight busiest hours of an average day. Traffic Counts (circle eight highest hour volumes): Hour Ending At: Dir 0600 0700 0800 0900 1000 1100 1200 1300 SB Subtotal EB WB Subtotal Hours Ending At: Dir 1400 1500 1600 1700 1800 1900 2000 NB SB Subtotal EB Subtotal TOTAL -3 POINTS ARE ASSIGNED PER HOUR WHEN TOTAL ENTERING VEHICULAR VOLUMES EXCEED 500 AND MINOR STREET VOLUMES (INCLUDING PEDESTRIANS) EXCEED 200. -2 POINTS ARE ASSIGNED PER HOUR WHEN TOTAL ENTERING VOLUMES EXCEED 500 BUT MINOR STREET VOLUMES ARE LESS THAN 200, BUT MORE THAN 100. -1 POINT IS ASSIGNED PER HOUR WHEN TOTAL ENTERING VEHICULAR VOLUMES EXCEED 500 BUT MINOR STREET VOLUMES ARE LESS THAN 100. -1 POINT IS ASSIGNED PER HOUR WHEN TOTAL ENTERING VEHICULAR VOLUMES DO NOT MEET 500, BUT MINOR STREET VOLUMES EXCEED 200. In residence districts as defined by Section 515 CVC, if the 85t~ percentile approach speed of the major street exceeds 35 miles per hour, the minimum vehicular volume warrants is 70% of the above requirements. Maximum 24 points POINTS: COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 6 of 9 ADOPTED BY: Resolution No. I DATED: 5) TRAFFIC VOLUME DIFFERENCE (10 POINTS) All-way stops operate best when the major and minor street approach traffic volumes are nearly equal. Points shall be assigned in accordance with the following table: *24-Hour Minor St. Approach Volume x100% = *24-Hour Major St. Approach Volumes points 95-100 10 85-94 9 75-84 8 65-74 7 55 -64 6 45-54 5 35-44 4 25-34 3 15-24 2 5-14 1 0-4 0 Maximum 10 points POINTS: *For T-intersections, the percent is the ratio of the minor street approach volume to the highest single leg approach volume on the major street multiplied by one hundred. CALTRANS CRITERIA (Chapter 4 CalTrans Traffic Manual) Any of the following conditions may warrant a multi-way STOP sign installation, regardless of the point system: 1) Where traffic signals are warranted and re'gently needed, the multi-way stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2) An accident problem, as indicated by five or more reported accidents within a 12 month period of a type susceptible to correction by a multi-way stop installation. Such accidents include right- and left-turn collisions as well as right-angle collisions. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 7 of 9 ADOPTED BY: Resolution No.IDATED: 3) Minimum traffic volumes - The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and the combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but when the 85-percentile approach speed of the major street traffic exceeds 40 miles per hour ( ** ), the minimum vehicular volume warrant is 70 percent of the above requirements. ( ** ) This speed applies only to CalTrans Criteria COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 8 of'9 ADOPTED BY: Resolution No. I DATED: ALL-WAY STOP SUMMARY INTERSECTION: (MAJOR) (MINOR) DATE INVESTIGATION WAS COMPLETED: TOTAL SCORE: points out of a possible 100. The minimum required to justify an all-way stop control is 45 points. INTERSECTION DIAGRAM: COUNCIL POLICY CITY OF CHinA VISTA SUBJECT: All-Way Stop POLICY EFFECTIVE NUMBER DATE PAGE 478-03 9 of 9 I ADOPTED BY: Resolution No. I DATED: !RECOMMENDATIONS: REMARKS: M:\Council Policy Update.s\4784~3, All Way Stop_fp.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A REVISED CITY COUNCIL POLICY, NUMBER 478-03, TITLED ~ALL- WAY STOP" WHEREAS, at its May 2, 2000 meeting, City Council directed staff to revise the all-way stop policy as a result of the proliferation of stop signs throughout the City, and to arrange for a joint workshop with the Safety Commission to discuss the proposed revisions; and WHEREAS, the joint workshop was held on January 18, 2001, during which Council directed staff to present the proposed changes to the Safety Commission at their next meeting, and later to report the Safety Commission's recommendation in the form of a resolution for adoption by City at a future Council meeting; and WHEREAS, at its meeting of February 8, 2001, the Safety Commission accepted staff's report with one modification and recommended that the proposed changes to existing Policy Number 478-03, dated July 27, 1999 and adopted by Council Resolution No. 19547, be brought forward to the City Council for adoption. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt a revised City Council Policy, Number 478-03, "All Way Stop", as set forth in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by John P. Lippitt ~ Director of Public Works COUNCI~ AGENDA STATEMENT Item ~7~ Meeting Date 03/06/2001 ITEM TITLE: Resolution Amending the FY2000-01 budget by appropriating $19,750 from the available balance of the Equipment Replacement Fund for the purchase of an eight-passenger van SUBMITTED BY: Director of Public Works ~ ~ REVIEWED BY: City Manager ~r~ (4/5ths Vote: Yes X~ No ) The 1989 eight-passenger van currently in the City's vehicle pool is due to be replaced next fiscal year. However, the 1976 van currently used by the Juvenile Offender Graffiti Eradication Program is in poor condition and is unsafe to drive. Therefore, by replacing the pool van now, the Juvenile Offender Graffiti Eradication Program will be able to use the 1989 van. The 1976 van will then be removed from service. RECOMMENDATION: That the City Council amend the FY2000-01 budget by appropriating $19,750 from the available balance of the Equipment Replacement Fund £or the purchase of an eight-passenger van. BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The Equipment Maintenance budget provides for the routine replacement of various vehicles. The 1989 eight-passenger van in the vehicle pool was anticipated to be replaced next fiscal as part of this process. However, replacement of the van is now being requested. The Juvenile Offender Graffiti Eradication Program has used a 1976 van that was replaced in the City's fleet several years ago. The 1989 pool van, requested for replacement now, will provide a serviceable unit for this program. Replaced vans have normally been used for this type o£service because of the short distances they are usually driven. FISCAL IMPACT: The net total cost including taxes is estimated to be $19,750. Funds for replacement are routinely accumulated during the fiscal year from the various departments. This amount is available from the Equipment Replacement Fund. File No: 1320-DF H:h°ablie Works Operations~A! 13 Pool Van 1 .doc RESOLUTION NO. RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY2000-01 BUDGET BY APPROPRIATING $19,750 FROM THE AVAII~BLE BALANCE OF THE EQUIPMENT REPLACEMENT FUND FOR THE PURCKASE OF AN EIGHT-PASSENGER VAN WHEREAS, the 1989 eight-passenger van currently in the City's vehicle pool is due to be replaced next fiscal year; and WHEREAS, however, the 1976 van currently used by the Juvenile Offender Graffiti Eradication Program is in poor condition and is unsafe to drive; and WHEREAS, therefore, by replacing the pool van now, the Juvenile Offender Graffiti Eradication Program will be able to use the 1989 van and the 1976 van will be removed from service. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY2000-01 budget by appropriating $19,750 from the available balance of the Equipment Replacement Fund for the purchase of an eight- passenger van. Presented by Approved as to form by John P. Lippitt ~ M. Kaheny Director of Public Works Attorney COUNCIL AGENDA STATEMENT Item ~ Meeting Date 3/06/01 ITEM TITLE: Resolution Approving the tenth amendment to the agreement between the City of Chula Vista and Rick Engineering Company for engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the intersection Olympic Parkway at Concord Way; waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. SUBMITTED BY: Director of Public Work~ 0~ REVIEWED BY: City Manager ¢~.oW (4/Sths Vote: Yes No X ) On January 23, 1996, Council by Resolution No. 18193 approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to additional work requirements by Caltrans, nine amendments to this contract have been made. These amendments were approved by Council on: January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18749), November 17,1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224), and January 4, 2001. The ninth amendment was approved at the stafflevel, since the amendment was for less than the recently amended Council Policy No.574-01 dictates. The tenth amendment to the contract will provide for final design drawings of the signalized intersection of Olympic Parkway with Concord Way and commensurate revisions to the landscaping plans. RECOMMENDATION: That Council approve a resolution approving the tenth amendment to the agreement between the City of Chula Vista and Rick Engineering Company for the preparation of final engineering and landscaping design services to prepare the Plans, Specifications and Estimates (PS&E) for the intersection of Olympic Parkway at Concord Way (CIP No. STM-344); waiving the consultant selection process and authorizing the Mayor to execute said amendment in behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In late 1995, after a thorough selection process, staff recommended that Rick Engineering Company be awarded a contract for engineering services for three interchanges with Interstate 805 at Telegraph Canyon Road, Olympic Parkway and East Palomar Street: Council Resolution No. 18193 approved the agreement with Rick Engineering Company on January 23, 1996. Since then, Rick Engineering has worked diligently to design and process the project with all the agencies involved (local, State, and Federal). Page 2, Item Meeting Date 3/06/01 Previous Contract Amendments During this period, nine amendments to the contract have been made due to modification, delays, and changes by Caltrans encountered throughout the planning and design phases of the three interchanges. The first two amendments were approved by Council Resolution Nos. 18555 and 18670 increasing the original contact cost of $502,070 to $648,390. The third amendment to the contract was necessary to have Rick Engineering prepare a Noise Barrier Scope Summary Report in connection with an opportunity to ol?tain State funding from their retrofit soundwall program along freeways. This amendment authorized $6,000 for preparation of the Noise barrier report. The City's application for State Soundwall Retrofit funding was successful in the amount of $1.14 million. These funds will be used to offset part of the construction cost of the Olympic Parkway Interchange. The fourth ($355,050) and fifth ($174,700) amendments to the contract covered additional follow- up work required by Caltrans, affecting all three interchanges. The sixth ($73,700) and seventh ($132,100) amendments to the Rick Engineering contract provided for the completion of the Plans, Specifications and Estimate (PS&E) for the Olympic Parkway roadway section only between a point just east of the Pac-Bell utility vault, east of Olem~der Avenue to Brandywine Avenue. This was roadway widening work which was originally to be completed by the Sunbow II developer. This widening project is a TransDif (TDIF) project to be constructed by the TDIF program. Since the developer will receive TDIF credit and the federal demonstration funding was intended to sopplement the TDIF, it made sense to staff to move the responsibility to build it by the TDIF program to the City in order take advantage of the funding opportunity. Therefore, staff proposed moving the construction of the widening project and combining it with the interchange project. Subsequently this phase was separated from the interchange project in order to complete the widening on the same schedule as the segment from Brandywine Avenue to Paseo Ranchero that is being constructed by the developers. The eighth amendment ($1,423,360) to the Rick Engineering contract provided for the completion of the final design PS&E for the 1-805/Olympic Parkway interchange and the roadway portion of Olympic Parkway from Melrose Avenue to the Pac-Bell vault located just east of Oleander Avenue. The intersection of Olympic Parkway and Oleander Avenue and a portion of the work to the east (to the Pac-Bell vault) will be done with the eighth amendment due to the long lead time required for Pac-Bell to relocate their fiber optic utility vault. The ninth amendment ($43,640) was recently approved at the staff level since the contract amendment amount is below the amount required to go to Council. This amendment provides for additional traffic analysis requested by Caltrans for the 1-805 interchanges, additional noise impact analysis required with respect to the soundwall design on Olympic Parkway and related expenses. Proposed Contract Amendment For this tenth amendment ($66,990), Rick Engineering will be providing the general engineering design services for the signalized intersection at the existing intersection of Olympic Parkway and Concord Way. This T-intersection is located mid-way between Oleander Avenue, to the west, and Brandywine Avenue, to the east and serves the Star Orange Condominium project to the south (City CIP# STM-344), see attachment #1. The location for this intersection was not initially contemplated, but due to requests from the residents of this area, it was decided by the City Engineer Page 3, Item Meeting Date 3/06/01 that this intersection, in addition to the "right-in right-out" turning maneuvers would be able to provide for left tums in and left tums out of the condominium driveway. Due to this change, it is necessary to revise the median plans, the curb design and landscaping plans. The related landscaping plans will be completed by KTU&A. The subconsultants and work proposed is (see attachment #2): A. Rick Engineering will provide traffic signal and improvement plan design work for modifications to the raised median on Olympic Parkway in order to provide an access point into and out of the condominium project ($35,520). B. KTU&A will provide landscape architectural services for the planting and irrigation of the project as well as the conceptual plan as required for the above design change ($30,870). As in the case of the previous amendments, Rick Engineering Company, and their subconsultants, propose to accomplish this additional scope of work at what we believe is a reasonable price. Rick Engineering is being proposed to do the design change order for this work without a new competitive consultant selection process because they are the "Engineer-of-work" for this project and thus possess extensive cumulative knowledge of the project planning and design essential for the successful completion of this project and the original RFP indicated that the design could be contracted for on the basis of that RFP if the consultant's work was satisfactory. Rick Engineering has completed the design for this roadway segment and it would be more efficient if they completed the work. Rick Engineering's performance and extensive cumulative knowledge of the project will be valuable in quickly completing this critical element of our transportation system. Accordingly, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project, which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings and that the original RFP proposed such an arrangement. The proposed amendment provides for the reimbursement of up to $600 in expenses incurred by Rick Engineering in the performance of the additional work. These expenses include the cost of making blueprints and copies of various reports. The reimbursable expenses are a budget item for all phases (projects) included in the contract. FISCAL IMPACT: The proposed tenth amendment will increase the contract with Rick Engineering, as amended, by $66,990 to a total of $2,923,930. All of the costs associated with this amendment, as well as the amended contract, will be funded from the TDIF. There are sufficient funds in the project fund to cover the proposed increase. City staff will be involved in oversight, coordination and direction. The City project number is 2409344591. ATTACHMENTS:I. CIP No. STM-344. 2. Rick Engineering Company Scope of Work dated February 13, 2001 H:\HOME\ENGINEER~AGENDA\ 10RICKa113.fxr.doc File No. 0735-10-STM344 ! FRdM : RioP ~ngir~E~rin9 Compan~ FAX NO. : F~b. 15 2001 04:52PM P5 [ CK ENGINEERING COMPANY 2001 Mr. Cliff Swanson City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 SUBJECT: OLYMPIC PARKWAY, OLEANDER AVENUE TO BRANDYWINE AVENUE REVISIONS (JOB NUMBER 12755) Dear CLiff: Per your direction, we are providing a proposal to revise the Olympic Parkway aporoved plans to include an intersection at Concord Way. We will be proceeding with conceptual drawings depicting any changes that may affect the Contractor's schedule for discussion at the scheduled pre-consn'uction meeting. The additional scope of work and fees are more specifically defined as follows: Scope of Work A. New Si-~nalized Intersection, Concord Way Modify the current, approved ~ading and improvement plans for the addition ora new signalized intersection at Concord Way. Due to the impacts ora new intersection design, revisions to the proposed raised median, sewer, storm drain, and traffic design are necessary. Additional revisions to the plans are also necessary to accommodate two bus stops per the direction of Chula Vista Transit. The approved specifications and quantities will need to be revised to reflect any new changes to the plans. The proposed modifications to the plazas will be shown and re-dra~ed electronically rather than manipulating the approved, current mylar plan set. This work will also include any coordination with City of Chula Vista staff and representatives throughout this plan revision process. B. Landscape ArchitectctCal Services, KTU&A Modify the current landscape and irrigation plans due to the addition of thc intersection. Re-design to the plans will be for both sides of Olympic Parkway as well as to the proposed raised median. Also, per the request of Grog Mattson, McGiLI Martin & Self, lun.dscap-c and irrigalion oversight will be provided by KTU~A to the contractor during construction_ Specifications and quantities will need m be revised to reflect any new '- changes to ~he plans. ~'~ ~ FRO~'~ : Ricl En~in~rln9 Compan~d FAX NO. : F~b. i5 ~C~i ~4:52PM P6 Mr. Cliff Swanson February 13,2001 Page 2 C, Reimbursables Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, mad delivery charges will be in¥o~ced to the City at the cost incurred by the Consultant in preparation and processing of the work product as defined by the above scope of services. Fee..q We will per:~brm the above service for the fees as described below. Public agency processing fees and deposits or work not specifically described under the scope of work are excluded from this agreement. Fees and expenses are proposed to be incorporated as an addendum to our existing contract. A. Design Modifications $ 35,520.00 B. Landscape Architectural Services $ 30,870.00 C. Reimbursables $. 600.00 Total: $ 66,990.00 If you have any questions or need any clarification on this proposal, please give Edgar Camerino or myself a call. Sincerely, RICK ENGINEERING COMPANY Kai E. Rarner Associate Principal /ker:ec_017 cc: Mr. Edgar Camerino, Rick Engineering Company Mr. Carl Schmitz, Rick Engineering Company FPOrl : Piti, Engin¢:,irir,9 Companu FAX NO. ; FEb. 15 20B1 04:53PM P7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AiqD RICK ENGINEERING COMPANY FOR ENGINEERING DESIGN SERVICES FOR THE FINAL DESIGN PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR THE INTERSECTION OLYMPIC PARKWAY AT CONCORD WAY; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY WHEREAS, on January 23, 1996, Council by Resolution No. 18193, approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and East Palomar Street; and WHEREAS, since then, due to additional work requirements by Caltrans, nine amendments to this contact have been made; and WHEREAS, the first eight amendments were approved by Council on January 21, 1997 (Resolution 18555), May 20, 1997 (Resolution No. 18670), August 5, 1997 (Resolution 18729), November 17, 1998 (Resolution 19269), July 13, 1999 (Resolution No. 19540), February 22, 2000 (Resolution 2000-062), and June 20, 2000 (Resolution No. 2000-224); and WHEREAS, the ninth amendment effective January 4, 2001 was approved at a staff level, since the amendment was for less than the amount that recently amended change order policy (Council Policy No. 574-01) sets as the Council level approval threshold; and WHEREAS, the tenth amendment to the contract will provide for final design drawings of the signalized intersection of Olympic Parkway with Concord Way and commensurate revisions to the landscaping plans. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council does hereby approve the Tenth Amendment to the Agreement between the City of Chula Vista and Rick Engineering Company for preliminary engineering design services for the final design Plans, Specifications & Estimates (PS&E) for the interchange of Olympic Parkway at Concord Way, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED the City Council does hereby waive the consultant selection process of Municipal Code Section 2.56.070 because of the substantial design work already performed by Rick Engineering on the project, which makes the selection impractical and potentially detrimental to the project in light of the need for coordinated design drawings and that the original RFP proposed such an arrangement. 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 Director of Public Works H: \Home \At t orney\ Reso\Rickl0 th TENTH AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR ADDITIONAL TRAFFIC ANALYSIS FOR THE INTERCHANGE WITH INTERSTATE 805 AT EAST PALOMAR STREET AND ADDITIONAL DESIGN SERVICES FOR OLYMPIC PARKWAY FROM BRANDYWINE AVENUE TO OLEANDER AVENUE THIS TENTH AMENDMENT TO THE AGREEMENT FOR ADDITIONAL DESIGN SERVICES is entered into as of March 6, 2001, by and between the City of Chula Vista (CITY) a municipal chartered corporation of the State of California, and RIck Engineering Company (CONSULTANT). RECITALS: WHEREAS, the CITY has approved an Agreement with CONSULTANT dated January 23, 1996 and approved by Resolution 18193 (Agreement); and WHEREAS, the CITY has approved nine amendments to said Agreement dated January 21, 1997, May 20, 1997; August 5, 1997; November 17, 1998; July 13, 1999; February 22, 2000; and June 20, 2000; September 12, 2000, and January 4, 2001, respectively; and WHEREAS, CONSULTANT is required to do additional work not anticipated in the original Agreement and amendments thereto; and WHEREAS, both CITY and CONSULTANT desire to further amend the Agreement to revise the scope of work to include additional items required by the City. WHEREAS, City staff cannot perform the work outlined above due to lack of available staff time and/or lack of expertise to efficiently deal with the State and Federal requirements and processes. NOW, THEREFORE, the Agreement is hereby amended as follows: L Exhibit A, Section 8A, is hereby amended to add the following to the Detailed Scope of Work: 200 SERVICES PERFORMED BY THE CONSULTANT CONSULTANT shall be responsible for the Services outlined in this Scope of Services. CONSULTANT services shall conform to the standards, criteria, and requirements of this Scope of Services, and shall include all plans, specifications, estimates, reports and special provisions necessary to complete the Project. 210 General Description of Required Services A. Olympic Parkway signal at the intersection of Concord Way by Rick Engineering Company. Task #10-1 - Modify the current, approved grading and improvement plans for the addition of a new signalized intersection at Concord Way. Task #10-2 - Due to the impacts of a new intersection design, revise the proposed raised median, sewer, storm drain, and traffic design. Task # 10-3 - Revise the plans to accommodate two bus stops per the direction o£Chula Vista Transit. Task# 10-4 Revise the approved specifications and quantities to reflect any new changes to the plans. Task# 10-5 Redraft electronically the proposed modifications to the plans rather than manipulating the approved, current mylar plan set. Task# 10-6 - Coordinate with City of Chula Vista staff and representatives through out this plan revision process. B. Landscape Architectual Services by KTU&A at Olympic Parkway between Oleander Avenue and Brandywine Avenue. Task# 10-7 - Modify the current landscape and irrigation plans, for both sides of Olympic Parkway as well as to the proposed raised median, due to the addition of the intersection. Task#10-8 Provide to contractor during construction, landscape and irrigation oversight. Task#10-9 - Revise the specifications and quantities to reflect changes to the plans. II. Exhibit A, Section 11B Phased Fixed Fee Arrangement is hereby amended to add the following: 1. Tenth Amendment Cost Summary A. Rick Engineering: General engineering design services for proposed traffic signal at Olympic Parkway/Concord Way. $ 35,520.00 1. Modify grading & improvement plans 2. Revise proposed raised median 3. Revise sewer 4. Revise storm drain 5. Provide traffic signal design 6. Revise approved specifications and quantities 7. Coordination with City staff B. KTU&A, Landscaping Architecmal Services $ 30,870.00 C. Reimbursable Expenses $ 600.00 Subtotal $ 66,990.00 The proposed amendment will increase the contract with the CONSULTANT, as amended, by $66,990 to a total of $2,923,930. 2. Tenth Amendment Compensation Structure A. Services. Services for the Tenth Amendment Scope of Work (excluding reimbursables) will be due and payable by City to CONSULTANT on an hourly rate basis per the agreed upon rate schedule not to exceed the cost estimates corresponding with the milestones specified in the Cost Summary attached hereto as Exhibit A. CONSULTANT shall submit monthly invoices for City review. City shall remit payment to CONSULTANT within thirty (30) days of City's approval of an invoice, less the City's standard ten percent (10%) retention. Upon the achievement of a specified milestone the 10% retention shall be paid to CONSULTANT. If CONSULTANT provides time and materials the cost of which is less than the estimated cost, in the aggregate, for a specified milestone, such amounts shall not be immediately due and payable; provided, however, such unpaid amount may be carried forward and be paid to CONSULTANT if and only to the extent that CONSULTANT provides time and materials towards the satisfaction of a subsequent milestone the cost of which exceeds the cost estimate for such milestone. In no event shall CONSULTANT be paid an amount under this Agreement which would result in Consultant's total compensation hereunder (excluding reimbursables) exceed $66,390.00. B. Reimbursable Expenses. Reimbursable expenses such as printing, copying, blueprinting, plotting, mylars, and delivery charges will be invoiced to the City at the cost incurred by the Consultant in preparation and processing of the work product as defined by the above scope of services. Reimbursable expenses shall not exceed $600 in the aggregate. III. Except as modified herein, all other provisions of the Agreement approved by Resolution No. 18193 on January 23, 1996, the first amendment approved by Resolution No. 18555 on January 21, 1997, the second amendment approved by Resolution No. 18670 on May 20, 1997, the third amendment approved by Resolution No. 18749 on August 5, 1997, the fourth amendment approved by Resolution No. 19269 on November 17, 1998, the fifth amendment approved by Resolution No. 19540 on July 13, 1999, the sixth amendment approved by Resolution No. 2000-062 on February 22, 2000, and the seventh amendment approved by Resolution No. 2000- 224 on June 20, 2000, the eighth amendment approved by resolution No. 2000-321, and the ninth mnendment approved by City staff on January 4, 2001, shall remain in full fome and effect. END OF TENTH AMENDMENT SIGNATURE PAGE FOLLOWS Signature Page for the Tenth Amendment to Agreement between City of Chula Vista and Rick Engineering Company for engineering design services for Olympic Parkway at Concord Way and for Landscaping Architectual services for Olympic Parkway from Brandywine Avenue to east of Oleander Avenue; 1N WITNESS WHEREOF, CITY and CONSULTANT have executed this Tenth Amendment effective as of the date first set forth above thereby indicating that they have read and understood same, and indicate their full and complete consem to its terms: CITY OF CHULA VISTA By: Shirley Horton Mayor ATTEST: Susan Bigelow, City Clerk APPROVED AS TO FORM: J~,?~n~_~eny, ¢~ Rick Engineering Company Kai Ramer, Associate H:\SHARED\ENGINEER\RICK 10AMD. fxr. DOC -:2Fi : F cl 5nglm~rlm9 ICompan~ F~X NO. : Mar. O1 20~1 ll:41A~'l P2 KTU+A Landscape Architectural Services CHANGE ORDER PROPOSAL SUMMARy (Olympic Boulevard from Ole.,ider ~.= to ~ranoywme Ave) b IPrepa~? 75% T~e Sheet L = ~Pre_pam 75% General Note~Pto~ct Note Shee{ i ~Prepam 7s% Spanker Schedule & De~ils I m ~Plan Ohack & Subm] 7~% Plans 1 [ ~ 2 ~ .... a Pra~am 100% T~le Sheet b P~are 1~% General N~m~raje~ Nole Sh~t] 1 .... I "~ -' c Pmpa~ loo% ~nds~pe C~n~on Plans I 4 4 8 ~ .... d Prepare 100% ~nds~pe.~n~.~en e =repare ~09% Planting Plans [ Prepare... 100% Plant Ust . ...... ~--- I 4 I' i .P~pa~ 100% Iffiga~on Plsns~.., ...... 4 --~OF~ ; R~cL Engin~Pin9 Compan~j FAX NO. ; Mar. i31 2001 ll;41AM P3 ;_Prepare 100% I~gatian Details i r ~.]Pr_=pare 100% Sprinkler Sc~_ edul. & Spec shoe s~ I' ~Prepa~ 100% ~Ue Sheet d ~PmpareloD%Landsca. cgns[~on~tails ~ ~ ~ ; .... 4- ~ ~ ~-- ' ~Pmp*re P[~[Iml~a. C~st Analys~s 1 ] Labor Cast Subtotal ~26,085 FF'~Ir.1 : R'icl< Engin~rin9 Compan~ FAX NO. : Mar, ~1 -P~d~l ll;42AM P4 Edgar CamerJno From: MIKE LEWIS [mlewis@Sb. kbJa,com] Sent: Tuesda...v, February 13, 2001 3:28 PM To: Edgar L;amedno (E-mai } Subject: Add'l Service ~r Olympic Parkway Edgar, _v was thinking that I would have up to (4) 5-hour site visits plus ~ hours for coordination to observe the landscape contractor during thm retrofit of ~he irrigation on the south side of olympic Parkway along the proposed wall lmpro~,~ment. My billing rate for this project will remain at the Senior Associate rats of $85.00/houro My promotion to Principal occurred after we had our contract on this project. The Time and Materials with a 'Not-to-E~ce~d, amount for this' work should be about $2,040_ TharAk£ ! ~IKE LEWIS COUNCIL AGENDA STATEMENT Item No.: ~ Meeting Date: 3/6/01 ITEM TITLE: Resolution of the City Council of the City of Chula Vista authorizing the City Manager to execute an Option Agreement with the H.G. Fenton Company for the potential acceptance of 4.63 acres of vacant properly located at 2400 Faivre Street as a donation to the City. SUBMITTED BY: Director of Planning and Building,~/~/ REVIEWED BY: City Manager ~'!~' ~ __ ~.~,~ (4/5ths Vote: Yes No X ) The H.G. Fenton Company has requested that the City of Chula Vista enter into an Option Agreement for the potential donation of 4.63 acres of vacant undeveloped property located at 2400 Faivre Street. The H.G. Fenton Company wishes to try to sell the property as an economic development parcel, consistent with the underlying Limited Industrial (I-L) zone. However, if at any time over the next 10 years, they decide to donate the land to the City of Chula Vista, the Option Agreement will stipulate that the City shall a~cept the property. The Option Agreement provides that the H.G. Fenton Company will correct any issues related to the property to the City's satisfaction in advance of any donation. An agreement to transfer property and the actual transfer is considered a Class 25 categorical exemption from environmental review pursuant to State CEQA guidelines, Section 15325. RECOMMENDATION: That the City Council approve the attached Resolution authorizing the City Manager to execute, on behalf of the City of Chula Vista, an Option Agreement with the H.G. Fenton Company for the potential acceptance of 4.63 acres of vacant property located at 2400 Faivre Street as a donation to the City. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background Since 1993 the City of Chula Vista has been coordinating with the City of San Diego Property Division and the Trust for Public Lands (TPL), a non-profit firm that brokers open space land transactions, to process the grant deeds and escrows necessary for the acquisition of land for the planned Otay Valley Regional Park. In 1998, TPL (acting on behalf of the Cities of San Diego and Chula Vista and the County of San Diego) entered into an agreement with H. G. Fenton Company (Fenton Company) for the acquisition of all of its properties within the Otay River Valley and Proceeded to prepare a Page 2, Item No.: Meeting Date: 3/6/01 property appraisal through the City of San Diego's Property Division. Funds were secured from the California State Budget through TPL's efforts on behalf of the three jurisdictions for the acquisition of land for the planned Otay Valley Regional Park (OVRP). However, one of these properties, located at 2400 Faivre Street, totaling 9 acres in size, included 4.63 acres of potential economic development property fronting on Faivre Street and within the Southwest Redevelopment Area (See Attachment 1). Staff did not support the acquisition of the industrial zoned land for purposes of the .reg!onal park, based on its location mid-block on Faivre Street and its appraised cost as industrially zoned property. The remaining southern portion of the property (4.89 acres) is being acquired by the City as open space, along with other open space land acquisitions, and will be a part of the Otay Valley Regional Park. Proposed Option Agreemem The Fenton Company has proposed the execution of an Option Agreemem that would permit the Company to donate the industrially zoned property to the City of Chula Vista if it were unable to successfully market the property independently. If the property is sold as development property to a private development interest the Option Agreement would be rendered void and the City would process future development plans consistent with the Southwest Redevelopment Plan and the underlying zoning. However, if the Fenton Company chooses to donate the property to the City, the Option Agreement would-bind the City to accept the property as a donation, subject to certain conditions, and the Fenton Company would receive whatever federal and/or tax considerations associated through the land donation. The City is only required to accept the land if it determines that the property's condition does not prevent the City from using or authorizing the use of the property in the future for development purposes. As a result of the divestiture of all of its land holdings in the Otay Valley, per the option agreement with TPL, the Fenton Company has requested that consideration of the proposed Option Agreement with the City be considered in concert with the City's acceptance of other lands being purchased with State Grant funds through TPL. Contained within the draft Option Agreement are stipulations that will protect the City from accepting potential pre-existing liabilities on the property. A copy of the Option Agreement is attached to this report. Analysis As stated above, the property is located on Faivre Street and within the Southwest Redevelopment Plan area. The Southwest Redevelopment Plan anticipates future development along Faivre Street as industrial or business park. The property location is mid-block and is not well positioned to augment the planned Otay Valley Regional Park; however, if the property is either sold as development property to private interests by the Fenton Company, or later sold by the City after donation for seeding redevelopment activities, this could help foster economic activities in an area in need of improvement. The execution of the Option Agreement is viewed by staff as beneficial to the City's long-range redevelopment interests, with little risk for the City. Page 3, Item No.: Meeting Date: 3/6/01 FISCAL IMPACT: Execution of the proposed Option Agreement would not have a negative fiscal impact on the City. The City's general fund could potentially benefit through the sale of the property after acceptance of donation. Attachment 1. Locator 2. Agreemem H:\SHARED\PLANNING\DUANE\COUNCIL ITEMS\Fenton Option Al 13.doc 03/01/01 08:57 FAX 6194000111 H G FENTON CO ~]03 OPTION AGREEMENT FOR DONATION OF REAL PROPERTY OTAY R~VER VALLEY PROPERTY THIS OPTION AGREEMENT FOR DONATION OF REAL PROPERTY ("Agreement"), dated for reference purposes only as of ,2001, is made at San Diego County, Catifomia between H. G. FENTON COMPANY, a California corporation which acquired title as H. G. Fenton Matedal Company ("Fenton"), and THE CITY OF CHULA VISTA, a municipal corporation ("City"), with reference to the following RECITALS: A. Fenton is the owner of certain unimproved real property in the Otay River Valley area of San Diego County, Califomia, consisting of approximately 4.63 acres and more particularly described and depicted on Exhibit A attached hereto ("Prope~bJ"). Fenton is considering using the property for industrial development purposes, either directly (La.. by Fenton itself on a build-to-suit basis for a tenant or purchaser), or by selling the Property in its current unimproved condition to a third-party developer. The Property is not now a separate legal lot, but is part of a 9.52-acre parcel, the balance of which is being transferred to (or as directed by) the Trust For Public Lands, thereby creating the Property as the remainder parcel after such conveyance. B. The lessee of the real property adjacent to the Property on the west ("Adjacent Prape~nj") may have engaged in unauthorized dumping of soil and/or other materials on the Adjacent Property, and the parties understand that some of the soil so dumped ("Unauthorized Dumpage") may have also been deposited on a portion of the Property. C. City anticipates that the Properb] will eventually be developed for light industrial uses by a pdvate owner. If Fenton does not itself develop the Property, City would be willing to accept a donation of the Property by Fenton for City's uses, which may include sale to a third party or development as part of a City- or Redevelopment Agency-sponsored program, D. Fenton is willing to consider donating the Property to City, as a charitable contribution and without any consideration from City. but only if it can be sure in advance of City's acceptance of the donation on the terms set forth herein. E. The parties wish to provide for Fenton to have an option, exercisable at Fenton's sole discretion at any time through December 31,2010 but only after resolution to City's satisfaction of the Unauthpazed Durnpage issue and any other issues relating to the condition of the Properly, to require City to accept the conveyance of the Property as a charitable contribution from Fenton. THE PARTIES AGREE: 1. O~otlon to Donate Property to CIt~. Subject te the condition precedent of Paregreph 2 below. City grants to Fenton an option ("Donation Option") to donate the Property to City. on the terms set forth herein, and agrees that if Fenton does, at its sole discretion, timely and validly exercise the Donation Option, City will accept the conveyance of the Property as a charitable contribution f~om Fenton, The Donation Option shall be for a term ("Option Term") beginning upon the parties mutual execution and delivery of this Agreement, and ending on the eaHier of 3:00 p.m. on December 31,2010, or the date Fenton conveys the Property to a third party. The Donation Option shall be exercised, if at all, by Fenton's delivery of written notice of exercise, accompanied by a copy of this Agreement and a grant deed on a standard title company form ("Grant Deed"}, to Chicago Title Company, 925 B Street, San Diego, California 92101, Attention: Escrow Department, or such other reputable title company as is agreed on by the parties ("Escrow Holder'); Fenton shall also send a duplicate original of the notice of exercise to City. If Fenton has not exercised the Donation Option by the expiration of the Option Term, the Donation Option shall automatically terminate, City shall not be obligated to accept the conveyance of the Property, and neither party shall have any further rights or obligations hereunder. If Fenton does exercise Ihe Donation Option, the actual conveyance of the Property shall be effected through an escrow established with Escrow Holder, which shall close no later than fifteen (15) days after the escrow opens. All costs of the escrow, including the Escrow Holder's fee and ell recording costs, shall be shared equally by the parties. 03/01/01 08:57 FAX 6194000111 H G FENTON CO ~04 2. Condition Precedent. Fenton's right to exercise the Donation Option. and City's obligation hereunder to accept Fenton's conveyance of the Property, are both subject to City's determination at its sole discretion (i) that the Unauthorized Dumpage, and any other aspect of the physical condition of the Property, do not adversely affect the usability of the Property for City's purposes, or (ii) that the owner or lessee of the Adjacent Property have or will remove or remediate the Unauthorized Dumpage to City's satistactlon. City agrees to use reasonable efforts to proreplly evaluate the effect of the Unauthorized Dumpage and the physical condition of the Property and to advise Fenton of its determination in this regard. Should City notify Fenton in writing that City has determined in its sole discretion that the physical condition of the Property does affect the usability of the Property for City's purposes, or that the Unauthorized Dumpage has not been removed or remediated to City's satisfaction, then the Donation Option shall automatically terminate, City shall not be obligated to accept the conveyance of the Property, and neither party shall have any further dghts or obligations hereunder. 3. Title. If Fenton does exercise the Donation Option, Fenton shall convey to City good and marketable title to the Property, subject to only to the following ("Permitted Encumbrances"): (i) the standard printed exclusions in the CLTA standard joint protection form of title insurance; (ii) all real estate taxes and assessments which are, as of the close of escrow, not delinquent; (iii) subject to the following sentence, those covenants, conditions, reservations, restrictions, easements and other matters(but not any mechanic's liens, deeds of bust, delinquent taxes or other monetary liens other than any liens in favor of City) listed as exceptions to coverage in a preliminary report of the Property which Fenton shall arrange to have issued by Chicago Title Company at Fenton's expense at least 60 days before Fenton exercises the Donation Option ("Preliminary Report"); and (iv) any off-record matters visible from a visual inspection of the Property. City shall have the dght for a period of 45 days after roceipt of the Preliminary Report and copies of all recorded documents listed as exceptions therein (which Fenton shall provide to City), to review and notify Fenton in writing of any such matters to which City objects and wishes removed ("Title Objections"). If City does provide Fenton timely notice of any Title Objections, then unless City should later waive the Title Objection(s) in its sole discretion, Fenton's dght to exercise the Donation Option shall be contingent upon Fenton's removal of all such Title Objections. Notwithstanding the foregoing, City shall not be required to deliver a Title Objection notice as to to any mechanic's liens, deeds of ~'ust, delinquent taxes or other monetary liens (other than any liens in favor of City), all of which shall be automatically and without action by City deemed to be Title Objections which Fenton must remove in order to convey the Property to City pursuant to the Donation Option. 4. Representations. Warranties and Acknowledamenta. 4.1 Hazardous Materials. To Fenton's current actual know~edge as of the date hereof, except as disclosed herein and except in compliance with applicable laws or as may have been disclosed in any environmental report or other site assessment performed by or for City, neither the Property nor any portion thereof has been used by Fenton or Fenton's licensees, lessees or invitees for the production, release, storage, handling or disposal of Hazardous Materials. "Current actual knowledge", as used herein, means actually known personally to Fenton's officers Henry Hunte, Michael Neal or Allen Jones, without inquiry or investigation, and without imputation to any such individual of the knowledge of others, whether or not any such others would be deemed agents of such individuals. The individuals are named solely for establishing an objective reference for measuring Fenton's knowledge, and are not making such representations and warranties in their individual capacities. The term "Hazardous Materlats", as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local statute or ordinance by reason of its potential for harm to human health or the environment, or because of its flammability, toxicity, reactivity or corrosiveness, including but not limited to those substances defined as "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; or the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; or the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; and also including those substances defined as "hazardous wastes" in § 25117 of the California Health & Safety Code or as "hazardous substances" in § 25316 of the California Health & Safety Code; in the regulations adopted and publications promulgated pursuant to all such current and future federal and state laws and local ordinances; and those chemicals to which reference is made in the Safe Drinking Water and Toxic Enforcement Act of 1986, § 25249,5 et seq. of the California Health & Safety Code. To the extent not encompassed by the foregoing, the term "Hazardous Materials" also means any substance included with the alternative definition attached hereto as Exhibit B. 03/01/01 08:57 FAX 6194000111 H G FENTON CO ~05 4.2 Condition Of Property. Except for the Unauthorized Dumpage or as otherwise disclosed herein or in any studies or reports provided by Fenton or performed by or for City, Fenton has no current actual knowledge (as defined above) of any adverse conditions on the Property that would prohibit its development for light indusb'ial uses. City acknowledges and agrees that except to the extent expressly set forth herein, Fen[on has not made and is not making any express or implied warranties or representations of any kind or character with respect to the Property or the conditions to the Property's future development, and City wa~ants and represents that it has not relied upon and will not rely upon, either directly or indirectly, any wan'anty or representation of Fenton not expressly set forth herein. Subject to the condition precedent of Paragraph 2, and subject also to the representations, warranties and covenants of Fenton expressly set forth herein, City shall accept the Property in its "as is, where is, with all faults" condition or status as of Ihe close of escrow. 4.3 No ReoresentatJon That Donation Option Will Be Exercised. City acknowledges and agrees that Fenton has made no representation or warranty that the Donation Option will in fact be exercised by Fenton. Nothing herein shall obligate Fento~ to exercise the Donation Option or otherwise convey the Property to City. Unless and until such time as Fenton does exercise the Donation Option, Fen[on shall remains flee to develop the Property itself or to convey it for development by a third party. Fenton shall provide written notice to City if Fenton does decide to develop the Property itself or to convey the Property to a third party. 5. Other Provisions. 5.1 Fenton Not a Foreign Person. Fenton warrants that no individual or entity which, under the terms of this Agreement, will transfer United States Real Property Interests, as defined in Section 897(c) of the iNTERNAL REVENUE CODE, is a "foreign person" within the meaning of Section 1445(0 of the Internal Revenue Code. Fenton also warrants that City as transferee will not be required to withhold tax pursuant to Section 26131 of the California REVENUE AND TAXATION CODE. Fenton agrees to execute and deliver prior to closing any affidavit required by Escrow Holder or City verifying the warranties specified in this Paragraph. 5.2 Brokers and Brokers' Commissions. Fenton and City each wan'ant and represent to the other that the warranting party has not contracted or otherwise obligated itself or the other party to pay any sums as either commissions, finder's fees or other claims of a similar nature arising out of this Agreement, and each agrees to hold the other harmless with respect to any breach on its part of this warranty and representation. If Fenton or City engages the service of any broker or similar party for any matter related to this Agreement, that party shall be responsible for all fees, payments and commissions payable and shall indemnify and hold the other party harmless in connection therewith, 5.3 Attorneys' Fees. Jn the event any action ~ball be instituted belween City and Fen[on in connection with this Agreement, the party prevailing in such action shall be entitled, in addition to damages, injunctive relief or other relief, to recover Eom the other party ell of its costs of action, including, without limitation, attorneys' fees and court costs incurred. The prevailing pady shall be deemed to be the party which is awarded substantially the relief sought by that party. 5.4 Amendments. This Agreement may be amended, supplemented or modified only by a written amendment executed by Fenton and City. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the par~'y against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 5.5 Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back.up copy mailed the same day, or as of the second business day after mailing by United States cortified mail, return receipt requested, postage prepaid, addressed as follows: 03/01/01 08:57 FAX 6194000111 H G FENTON CO ~06 If to Fenton, to: Mr. Allen Jones, Vice President H. G. Fenton Company 2788 Metropolitan Ddve San Diego, California 92108 Telephone: (619) 400-0120 Facsimile: (619) 400-0111 If tu City, to: The City of Chute Vista 276 Fourth Avenue Chula Vista, California 91910 Attention: City Manager Telephone: (619) 691-5031 Facsimile: (619) 409-5864 5.6 Construction of A,qreement. The agreements contained herein shall not be construed in favor of or against ei6~er party, but shall be construed as if both parties prepared this Agreement. 5.7 Counterearts and Authority. This Agreement may be executed in multiple counterparts, each of which shall constitute an original hereof, and all of which taken together shall constitute one and the same binding agreement. Each party executing this Agreement represents that such party has the full authority and legal power to do so. 5.8 Goveminq Law and Forum Selection. This Agreement shall be construed under and enforced in accordance with the laws of the State of California except to the extent federal laws preempt the laws of the State of California. In any action brought under or arising out of this Agreement, each party hereby con sents to the jurisdiction of a competent court within the State of California, agrees that the forum for such action or actions shall be a court of competent jurisdiction within the County of San Diego, State of California, and consents to service of process by any means authorized by Califomia law. 5,9 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the olher party must be in wdting and shall not be constnJed as a waiver of any succeeding or preceding breach of the same or other covenants, agreements, resections or conditions herein contained, No waiver of any default by Ci~ or Fenton hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by City or Fenton to or of any act by the other party requiring the consent or approval of the tirol party shall not be deemed to waive or render unnecessary such party's consent or approval to or of any subsequent similar acts by the other party. 5.10 Severability. In the event that any phrase, clause, sentence, section, paragraph, article or other portion of this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portJons of this Agreement shall not be affected thereby and shall remain in force and effect to the fullest extent perrnissib~e by law. 5.11 Successors and AssiRns. Subject to the restrictions and prohibitions on assignment set forth in this Agreement, each and all of the covenants and conditions of this Agreement shall inure to the benefit of and shall be binding upon the successors-in-interest, assigns, and legal representatives of the parties hereto. As used in the foregoing, "successors" shall include successors to all or substantially all of a party's assets and to a party's successors by merger or consolidation. 5.12 Survival of Warranties. All representations and warranties shall survive the close of escrow for a pedod of six (6) months only. 5.13 Time of Essence. Time is hereby expressly made of the essence with respect to the performance by Fenton and City of each and every obligation and condition of this Agreement. 03/01/01 08:57 FAX 6194000111 H G FENTON CO ~07 5.14 Captions. The caption headings for the paragraphs of Ibis Agreement are for convenience only and shall not be considered to limit, amplify or define the terms or provisions hereof. Cool.ration and Further Documentation. Fenton and City agree that if Fenton does 5.15 exercise the Donation Option, they shall cooperate and shall each take such action as is reasonably requested by the other party. Fenton and City agree that additional documentation may be necessary in order to convey the Property to City, and each agrees to cooperate in preparing, reviewing and approving such additional documentation. 5.16 No Third Party Beneficiary. This Agreement is intended solely for the benefit of Fenton and City. 5.17 Entire A,qreement. This Agreement, including its exhibits, constitutes the entire agreement between the parties pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, are hereby superseded and merged herein and there are no representations, warranties, agreements, arrangements, or understandings, oral or wdtten, between the parties relating to the subject matter contained in this Agreement or the exhibits attached hereto or thereto that are not fully expressed herein. The foregoing sentence shall in no way affect the validity of any instrumenta executed by the parties in the form of the exhibits attached to or delivered pursuant to this Agreement. Date: City: THE CITY OF CHULA VISTA, a municipal corporation By. Its By. Its Date: /~/~v'~ t) ~'"g)~:)! Fenton: H. G. FENTON COMPANY, a Califomia corporation Its ~~ 03/01/01 08:57 FAX 6194000111 H G FENTON CO ~02 EXHIBIT A ~tlon SE9 746-93-OO 11/15/00 LEGAL DESCRIPTION LAND TO BE CONV~xmu THAT PORTION OF LOT 7 OF FAIVRE HOMESTEAD TRACT IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, SEPTEMBER 27, 1880, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: CC~IENCING AT THE NORTHEAST CORNER OF SAID LOT 7, BEING A POINT ON THE CENTERLINE OF FAIVRE STREET, WHICH BEARS SOUTH 89006' 27" EAST AS SHOWN ON RECORD OF SURVEY NO. 15149, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 12, 1996; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 7, SOUTH 00'24'55" WEST, 400.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID F~AST LINE, NORTH 84e31'27'' WEST, 194.47 FEET; THENCE NORTH 74°55'41'' WEST, 41.99 FEET; THENCE NORTH 55e31'57'' WEST, 38.84 FEET; THENCE NORTH 32°35'42'' WEST, 32.65 FEET; THENCE NORTH 64°06'34'' WEST, 72.19 FEET; THENCE NORTH 88002' 27" WEST, 108.22 FEET; THENCE SOUTH 80°42'31'' WEST, 206.19 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7, SAID POINT BEING THE POINT OF TERMINUS. PREPARED BY: STUART ENGINEERING 7525 METROPOLITAN DR., SUITE 308 SAN DIEGO, CA 92108 ---za-dcus S'%IDstanoe(s)# mea~s ~- h ~- - ' , ' .... ~ waste, hazardous material, ccn=aminaticn, po!lc=ion or similar term, givin~ those te-~Tns ~he broadest m~aning as accorde~ by the ~nvironmantal !aw ~nd by sua~ut~s, regulations and court decisions in the Jurisdictio~ which th~ Property is locased, as said ~nvironmenta! laws, s~tu[es, repletions ~d court decisions have been suppte'm~nted cr amended t~ date. "aazardous S~st~ces', shall asbestos and asb~st~s containing mmterialz, (ii) polyohloriz~at~d biDhenYis; (iii) any s~szanua ~he Presence of which is Droh~it~d by ~y ~Dp!toable ~overnmantal retirements; (iv) hazardous by any ~vironmenta! ~w; and (vi) any other s~stanue ~!mc!u~ing l~quid, solid, se~-zolid and gaseous s~sZances and materials) which under any ~viram~enta! Law requires specie! =~=n-l=ng, parmltt~n~ by, cr nozi~isation of'any A~ency in its RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION AGREEMENT WITH THE H.G. FENTON COMPANY FOR THE POTENTIAL ACCEPTANCE OF 4.63 ACRES OF VACANT PROPERTY LOCATED AT 2400 FAIVRE STREET AS A DONATION TO THE CITY. WHEREAS, the Trust for Public Lands holds a First Option to Buy on property owned by the H.G. Fenton Company for its land holdings within the Otay Valley; and, WHEREAS, the City of Chula Vista, City of San Diego and the County of San Diego have agreed to work with the Trust for Public Lands to acquire lands owned by the H.G. Fenton Company for purposes of the planned Otay Valley Regional Park; and, WHEREAS, 4.63 acres of property located at 2400 Faivre Street owned by the H.G. Fenton Company has been determined to not be suitable for acquisition for the planned Otay Valley Regional Park; and, WHEREAS, said 4.63 acre site is zoned I-L (Limited Industrial) and is located within the Southwest Redevelopment Plan area; and, WHEREAS, the H.G. Fenton Company requests that an Option Agreement be executed with the City of Chula Vista for the potential donation of said 4.63 acres of property to the City of Chula Vista; and, WHEREAS, upon execution the City of Chula Vista will agree with the terms of the Option Agreement; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the City Manager is hereby authorized to execute, for and on behalf of the City of Chula Vista, an Option Agreement with the H.G. Fenton Company, a copy of which is on file in the Office of the City Clerk, for the potential donation of 4.63 acres of property located at 2400 Faivre Street subject to the terms of the Option Agreement. Presented by Approved as to form by Robert A. Leiter JohntMgI~heny Director of Planning & Building City Attorney ([I:~SHAREI)\PLANNING\DUANE\COUNCII, ITEMS\FenIon Option Res.doc) COUNCIL AGENDA STATEMENT Item No.: ~ Meeting Date: 3/6/01 ITEM TITLE: Resolution of the City Council of the City of Chula Vista accepting Grant Deed for real property from the City of San Diego for the Purposes of the planned Otay Valley Regional Park SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager ,~d ~i'~ (4/5tbs Vote: Yes __No X ) In 1990, the Cities of Chula Vista and San Diego, as well as the County of San Diego adopted a Joint Exercise of Powers Agreement (JEPA) enabling the t~ee jurisdictions to coordinate, acquire, plan and design the Otay Valley Regional Park (OVRP). Over the past several years the three jurisdictions have been pursuing and receiving grant funds for the acquisition of property for assembly of the OVRP. The three jurisdictions agreed that the City of San Diego's Real Property Division would facilitate the acquisitions. The City of Chula Vista has previously received 74.62 acres of property in fee title after transfers of acquired property were facilitated by the City of San Diego. The City of San Diego is again requesting that the City of Chula Vista accept land, totaling 61.34 acres, targeted for the OVRP. This will bring Chula Vista's ownership of OVRP land to 135.96 acres. The acquisition and transfer of property is considered a Class 25 categorical exemption from environmental review pursuant to State CEQA guidelines, Section 15325. RECOMMENDATION: That the City Council approve the attached Resolution authorizing the City Manager to execute, on behalf of the City of Chula Vista, a grant deed for the acceptance of 61.34 acres of real property. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background In 1990, the Cities of Chula Vista and San Diego, as well as the County of San Diego, adopted a Joint Exercise of Powers Agreement (JEPA), which enables the affected agencies to coordinate, acquire, plan and design the Otay Valley Regional Park (OVRP). The JEPA also set up a Policy ~Committee (PC) and a Citizen's Advisory Committee (CAC) to help guide the establishment of the OVRP. In addition, a staff team composed of appointed staff'from each agency ("Joint Staff") was established to provide support for the CAC and PC and to marshal resources to acquire land for the OVRP. On September 23, 1992, the City Council adopted the Otay River Valley Resource Enhancement Plan, prepared by the consulting firm of Wallace, Page 2, Item No.: Meeting Date: 3/6/01 Roberts & Todd, in the western Otay River Valley which identified opportunities for the enhancement of sensitive resources; however, neither the Resource Enhancement Plan nor the JEPA currently address maintenance and operation of lands acquired for the OVRP. In order to facilitate the process for real property acquisitions for creation of the planned regional park, it was necessary for Joint Staff assigned to implement the JEPA to identify which jurisdiction among the three had the resources to process appropriate real property transactions. The City of San Diego offered their staff services through their Property Division to work with the Trust for Public Lands (TPL), a non-profit firm that brokers open space land transactions, to process the grant deeds and escrows. In 1998, TPL (acting on behalf of the Cities of San Diego and Chula Vista and the County of San Diego) entered into an agreement with H. G. Fenton Company for the acquisition of all properties within the Otay River Valley and proceeded to prepare a property appraisal through the City of San Diego's Property Division. Funds were secured from the California State Budget through TPL's efforts on behalf of the three jurisdictions; other sources included State Habitat Conservation Funds (HCF). Management and disbursement of the funds has occurred through the California State Coastal Conservancy. Funds have been used to purchase approximately 438 acres to date; of this total 74.62 acres were transferred in 1993 and 1999 to the City of Chula Vista, with San Diego holding the remainder. Each jurisdiction had previously agreed to assume fee title to the properties until management of the Regional Park is determined. Additionally, to avoid property tax liabilities for these properties being acquired for public benefit, title must be held by the jurisdiction within whose boundaries the real property is located. Acquisition of property through the use of California State Coastal Conservancy or HCF funds is contingent upon adherence to the previously adopted Otay Valley Resource Enhancement Plan. Otay Valle,/Regional Park (OVRP) Concept Plan The formation of the OVRP will constitute the planning for a major segment of the Chula Vista Greenbelt and also mitigate some park acreage deficiencies in the southwestern part of the City. The OVRP Concept Plan area encompasses the upper and lower Otay Reservoirs and extends westerly along the river corridor ending at the southerly reach of San Diego Bay. It is anticipated that the OVRP Concept Plan will be presented to the City Councils of Chula Vista and San Diego, as well as the County Board of Supervisors, for review and adoption in late spring. Chula Vista's adopted Multiple Species Conservation Program (MSCP) Subarea Plan and subsequent implementing ordinances will also assure adequate protection of the sensitive habitat areas within the Otay River Valley. Page 3, Item No.: Meeting Date: 3/6/01 Proposed Property Acquisition and Transfer The Otay River Valley spans three jurisdictions (the Cities Chula Vista, San Diego and the County of San Diego) and has regional significance as a wildlife corridor and major river course. Because of its diverse resources, the proposed OVRP Concept Plan envisions a park serving multiple functions: resource enhancement, preservation of existing resources, and development of active recreation. The OVRP Joint Staff have worked closely with the Trust for Public Lands (TPL), a non-profit land acquisition broker, and the California State Coastal Conservancy to identify and evaluate potential parcels within the focused planning area of the Park for acquisition. The OVRP Joint Staff selected and prioritized parcels optioned to TPL by the H.G. Fenton Company. The City of San Diego will acquire a total of twelve parcels, equaling 88.39 acres, through additional State funding. Of these, a total of eight parcels (61.34 acres) are located within the City of Chula Vista and have been requested by the City of San Diego for transfer of ownership to the City of Chula Vista. The Resource Enhancement Plan prepared by Wallace, Roberts & Todd served as a principal guide for the Coastal Conservancy requirements for acquisition of property using HCF funds. Staff conducted a preliminary site assessment of the subject parcels subject to acquisition and transfer. The preservation, restoration and revitalization of the subject propertieS, as well as others within the river valley will result in enhancement of open space, which has deteriorated over time. These properties will serve as the cornerstone of property acquisition for the ultimate Regional Park. The City of Chula Vista will be obligated as a grantee to use, manage, operate and maintain the real property for the State Coastal Conservancy as future areas for restoration of wetland and riparian habitat. The fiscal impact to the City for maintenance of this property is estimated at $4481 per year. The property subject to transfer is also located within the planned preserve area identified in the Multiple Species Conservation Program (MSCP). The City is in the process of f'malizing its MSCP Subarea Plan which, when adopted, will require the City to commit to biological management and monitoring for all publicly owned or managed preserve lands, in addition to routine clean up & maintenance. The City's cost commitment anticipated for clean up, maintenance, management and biological monitoring for 61.34 acres under the MSCP is not expected to exceed the cost estimate of $4481 per year. However, this cost may be reduced substantially through volunteer efforts provided by various private and public organizations. Future Park Management The long-term ownership and management of the Park have not yet been addressed by the three jurisdictions. After adoption of the OVRP Concept Plan a management plan will be prepared and adopted by the three jurisdictions for the entire Park. Joint Staff will continue to seek funds for land purchases from willing sellers through grants and foundations, donations of Page 4, Item No.: Meeting Date: 3/6/01 land from property owners, or land exactions through the development process. The ultimate goal of this long-range planning process is to successfully link adjacent parcels together until the valley becomes a comprehensive regional park for conservation and recreation for all of the South Bay communities to enjoy. FISCAL IMPACT: The parcels are classified as natural open space and therefore minimal maintenance would be required. The resultant fiscal impact to the City of Chula Vista will be approximately $4481 per year without the use of volunteers. This could be reduced substantially through continued volunteer efforts. Attachments 1. Locator lA 2. Locator lB 3. Purchase & Sale Agreement 4. Title Report H:\SHARED\PLANNING\DUANE\COUNCIL ITEMS\OVRP Property Transfer.doc PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This is an Agreement dated January 12, 2001, between THE CITY OF SAN DIEGO, a municipal corporation and THE CITY OF CHULA VISTA, a municipal corporation (collectively, "Buyer") and THE TRUST FOR PUBLIC LAND, a California nonprofit public benefit corporation ("Seller"). RECITALS A. The addresses and telephone numbers of the parties to this Agreement are as follows. Telephone numbers are included for information only. SELLER: BUYER: The Trust for Public Land City of San Diego 116 New Montgomery, 3rd Floor Real Estate Assets Dept. San Francisco, CA 94105 1200 Third Avenue, Suite 1700 Arm: Bob Flewelling San Diego, CA 92101 Senior Project Manager Atto: Michael R. St&fen Tel: (415) 495-5660 Deputy Dir. of Acquisition Services FAX: (415) 495-0541 Tel: (619) 236-6725 FAX: (619) 533-4522 The Trust for Public Land 116 New Montgomery, 3rd Floor City of Chula Vista San Francisco, CA 94105 Planning Department Attn: Legal Department 276 4th Avenue Tel: (415) 495-5660 Chula Vista, CA 91910 FAX: (415) 495-0541 Attn: Duane Bazzel Tel: (619) 691-5254 With a copy to: FAX: (619) 691-5171 C. Victoria Simonds Attorney at Law 523 17th Avenue San Francisco, CA 94121 Tel: (415) 387-1973 FAX: (415) 387-3758 THE PARTIES AGREE AS FOLLOWS: 1. Property.. Seller holds an option to acquire that certain real property located in the Cities of San Diego and Chula Vista and the County of San Diego, California, described in Exhibits A-1 and A-2 attached hereto and incorporated herein by this reference (collectively, the "Property") fxom its current owner, H.G. Fenton Company, a California corporation, formerly known as H.G. Fenton Material Company ("Owner"), provided that Owner owns, and Seller holds the option on an undivided FenWn/Otay/cityofsd.psa4/1.12.01/cvs 1 two-thirds (2/3) interest in Parcel K of the Property, located in the City of Chula Vista. An undivided one-third (1/3) interest in said Parcel is currently owned of record by N & S Materials, lnc., a California corporation (N & S Materials, Inc. or its successor interest, may be referred to hereinafter as "N & S"). Seller does not currently hold the right to acquire N & S's one-third (1/3) interest in Parcel K, although Seller intends to acquire a one hundred percent (100%) interest in Parcel K (said one hundred percent (100%) interest in Parcel K being referred to hereinafter, unmodified, as "Parcel K') through Owner. If Seller acquires Parcel K, Seller will sell, and Buyer will purchase Parcel K at close of escrow hereof and Parcel K shall be considered part of the Property for the purposes of this Agreement. Seller's obligation to sell, and Buyer's obligation to purchase Parcel K is contingent upon Seller's acquisition of Parcel K. 2. Purchase and Sale. Subject to Seller's acquisition of the Property, Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Property on the terms and conditions set forth herein. 3. Effective Date. This Agreement shall be effective on the date that it is signed by all parties (the "Effective Date"). 4. Purchase Price. The "Purchase Price" for the Property shall be Two Million Ten Thousand One Hundred Twenty-Seven Dollars and Fifty Cents ($2,010,127.50). The Purchase Price shall be payable in cash on close of escrow. If Parcel K is not included in the sale and closing, the Purchase Price shall be One Million Seven Hundred Twenty-Four Thousand Three Hundred Seventy- Seven Dollars and Fifty Cents ($1,724,377.50). 5. Escrow and Closing. Upon the Effective Date, the paxties shall open an escrow with First American Title Company, 345 California Street, Suite 2400, San Francisco, CA 94104, Telephone (415) 98%1300. Atm_: Kimberleigh Toci, to serve as the escrow holder (the "Escrow Holder"), for the purpose of closing the purchase and sale. of the. Property. Escrow shall close, on or before~ ,/'rt~ ~F'~em~vv-2~';tt; 2001.,.. ~in. accordance with the First American Title Company Escrow InstmcUons attacnea hereto as ~xmmt r~-~ and B-2 and incorporated herein by this reference (the "Escrow Instructions"). 6. Title. Seller shall convey to the City of San Diego by direct grant deed of Owner that portion of the Property described on Exhibit A-l, subject to the title exceptions identified on Exhibit C- 1, attached hereto and incorporated herein by this reference. Seller shall convey to the City of Chula Vista by direct grant deed of Owner that portion of the Property described on Exhibit A-2 (except that Parcel K, if included in the sale and closing, will be conveyed by direct grant deeds of Owner and N & S), subject to the title exceptions identified on Exhibit C-2, attached hereto and incorporated herein by this reference, and further subject to Buyer's ability to acquire N & S's one-third (1/3) interest in Parcel K, pursuant to Paragraph 1 above. Seller will deliver possession of the Property at closing subject to the fights of persons and entities which have the right to use or occupy the Property under the aforesaid permitted exceptions, and subject to any transient occupants on the Property at closing. 7. As-Is Condition. Buyer acknowledges and agrees that Seller does not now, and will not, prior to closing, own and/or use the Property. Seller discloses, and Buyer acknowledges and agrees that the Property: a) has been, and may currently be used and occupied by transients; b) has trash, discarded or abandoned personal property (which may include automobiles, refrigerators, etc.) located thereon; and c) may contain hazardous substances and materials. Buyer acknowledges and agrees that Buyer has had the opportunity to make all .inspections and verifications which Buyer deems necessary for the completion of Buyer's due diligence review for the transaction covered by this Agreement. Seller has Fenton/Otay/cityofsd.psa4/1.12.01/cvs 2 made a request to Owner for any information Owner may have pertaining to the environmental condition of the Property. Any information Seller obtains as a result of Seller's request will be forwarded to Buyer for Buyer's independent review and evaluation. Buyer ac'knowledges and agrees that Seller makes no representations or warranties as to the physical or legal condition of the Property or in connection with any matter relating to its condition, value, fitness for any particular purpose, use or zoning. Further, Buyer acknowledges and agrees that Seller makes no representation or warranty as to any operative or proposed governmental laws and regulations (including but not limited to zoning, Subdivision Map Act, environmental and land use laws and regulations) to which the Property may be subject. Buyer acknowledges and agrees that Buyer has not relied, directly or indirectly, on any statements made by Seller pertaining to the matters set forth in this Section. Buyer acknowledges and agrees that Buyer's purchase of the Property will be on the basis of Buyer's own investigation of the physical condition of the Property, including subsurface conditions, and the operative or proposed governmental laws and regulations affecting or applicable to the Property. Buyer shall acquire the Property in an "AS IS, WHERE IS" condition and shall assume the risk that adverse physical conditions may not have been revealed by Buyer's investigation. 8. Prorations and Fees. The escrow fee shall be divided and paid equally by Buyer and Seller. Seller and Buyer shall share equally the cost of a CLTA standard owners title insurance policy. Other fees and charges, if any, shall be allocated in accordance with the customary practice of San Diego County. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Exhibits. All Exhibits referenced in this Agreement are incorporated herein and are a part of this Agreement. Fenton/Otay/cityofsd.psa4/1.12.01/cvs 11. Approvals. Buyer's obligations under this Agreement are subject to the approval, respectively, of the San Diego City Council and the Chula Vista City Council, which approvals shall be obta, ned on or before F~,.Zi2y _1'~., 2001 and the Execut,ve Comm,ttee of Sellers Board of D,rectors, which approval shall be obtaineaa~-n or before December 31,2000. IN WITNESS of the foregoing provisions the parties have signed this Agreement below: SELLER: BUYER: THE TRUST FOR PUBLIC LAND, a California nonprofit public benefit THE CITY OF SAN DIEGO, a municipal corporation corporation Its: Western Region Vice President Its: and Regional Director ~d~&'~,~t L Date: Date: 01/12/01 TIIE CITY OF CHULA VISTA, a municipal corporation By: Its: Date: Fenton/Omy/cityofsd.psa4/1.12.01/cvs EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFOR_NIA. COUNTY OF SAN DIEGO. AND IS DESCRIBED AS FOLLO\VS: PARCEL B - THE SOUTH FL4. LF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP ]8 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THAT PORTION LYING WESTERLY OF A LINE WHICH IS PARALLEL WITH AND 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED MAY 28, 1952 Fbi BOOK 4480. PAGE 401 AS DOCUMENT NO. 65293 OF OFFICIAL RECORDS. ALSO EXCEPTING THE EASTERLY 33.00 FEET THEREOF BEING THAT PORTION v,q-IICH LIES WITHIN NATIONAL AVENUE. AND ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE SOUTH 200.00 FEET OF THE WEST 100.00 FEET TO THE EAST 133.00 FEET OF SAID SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21. AND ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED JULY 8, 1969 AS FILE NO. ] 22151 OF OFFICIAL RECORDS. PARCEL C: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOX,k-~SHIP 18 SOUTH, ILANGE 2 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 21: THENCE WEST ALONG THE HALF SECTION LINE, 80 RODS; THENCE SOUTH AT RIGHT ANGLES V, qTH SAID LINE, 20 RODS, THENCE PARALLEL WITH SAID HALF SECTION LINE 80 RODS TO THE EAST LINE OF SAID SECTION; THENCE NORTH ALONG SAID SECTION LINE 20 RODS TO THE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN DEEDS RECORDED APPdL 28,1952 IN BOOK 4448, PAGE 63 AND MAY 23,1969 AS FILE NO. 90963, BOTH OF OFFICIAL RECORDS. PARCEL G: BLOCK 24 OF BRIMtlALL'S ADDITION TO OTAT. IN THE CITT OF SAN DIEGO. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREGF NO. $91~, FILED IN THE OFFICE OF Tt~E COl:NTT RECORDER OF SAN DIEGO COUNTY, MAY 4, 1589, TOGETHER WITH THAT PORTION OF THE EAST HALF OF 7TH STREET ADJOINING SAID BLOCKS 24 ON THE WEST AS SAID STREET. \VHICH WAS VACATED AND CLOSED TO PUBLIC USE MARCH 19, 1934 BY AN ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED COPY OF SAID ORDER BEING RECORDED IN BOOK 281, PAGE 276 OF OFFICIAL RECORDS. PARCEL I: BLOCK 28 OF BRIMHALL'S ADDITION TO OTAY. IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 4, 1889, TOGETHER WITH THAT PORTION OF THE WEST HALF OF 5TM STREET ADJOINING SAID BLOCK 28 ON THE EAST AS SAID STREET WAS VACATED AND, CLOSED TO PUBLIC USE MARCH 19, I934, AN ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED OF SAID ORDER BEING RECORDED IN BOOK 281. PAGE 2'76 OF OFFICIAL RECORDS. 2 LEG \L DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED 1N THE STATE OF CALIFORNIA. COUNTY OF SAN DIEGO. AND IS DESCRIBED AS FOLLOx, VS: PARCEL A: THAT PORTION OF LOT 7 OF FAIVRE HOMESTEAD TRACT, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10. FILED iN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 27. ] 880. LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7, BEING A POINT ON THE CENTER.LINE OF FAIVRE STREET, WHICH BEARS SOUTH 89*06'27" EAST AS SHOWN ON RECORD OF SURVEY NO. 15149, FILED 1N THE OFFICE OF THE COb:~TY RECORDER OF SAN DIEGO COUNTY ON APRIL 12, 1996; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 7, SOUTH 00*24'55" WEST, 400.46 FEET TO TIlE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST'LINE, NORTH 84*31'27" WEST, 194.47 FEET; THENCE NORTH 74*55'41" WEST, 41.99 FEET; THENCE NORTH 55'3l'57" WEST, 38.84 FEET; THENCE NORTH 32*35'42" WEST, 32.65 FEET; THENCE NORTH 64'06'34" WEST, 72.19 FEET; THENCE NORTH 88'02'27" WEST, 108.22 FEET; THENCE SOUTH 80*42'31' WEST, 206.19 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7. SAID POINT BEING THE POINT TERMINUS. PARCEL D: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTH~,~EST QUARTER OF SECTION 23),TOWNSHIP lg SOUTH, RANGE 2 W~EST, SAN BERNARDINO MERIDIAN. IN THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH%~EST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE WEST ALONG THE NORTHERLY LINE OF THE SOUTHV~qEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23A DISTANCE OF 665 FEET: THENCE SOUTH 660 FEET TO THE TRUE POINT OF BEGINrNiNG, BEING A POINT ON THE NORTHERLY LINE OF THE SOUTH H.&LF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23: THENCE EAST ALONG SAID NORTHERLY LINE 330 FEET, THENCE SOUTH 160 FEET MORE OR LESS, TO THE NORTHERLY LINE OF LAND CONVEYED TO H.G. FENTON MATERIAL COMPANY BY DEED DATED AUGUST 26, 1935 AND RECORDED IN BOOK 425, PAGE 36 OF OFFICIAL RECORDS; THENCE WEST ALONG SAID NORTHERLY LINE 330 FEET TO THE NORTHWEST CORNER OF SAID LAND; THENCE NORTH ALONG THE NORTHERLY PROLONGATION OF TIIE WESTERLY LINE OF SAID LAND, 160 FEET MORE OR LESS TO THE TRUE POINT OF BEGINrNING. EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED IN FINAL ORDER CONDEMNATION FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 23,1974 AS FILE NO. 74-102894 OF OFFICIAL RECORDS. PARCEL E: THAT PORTION OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN iN THE CITY OF CHULA VIST.~, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES, GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 10 RODS WEST OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23, 1N THE MIDDLE OF THE PUBLIC ROAD AND THE CENTER OF THE QUARTER SECTION (NORTHWEST QUARTER OF SECT1ON 23); THENCE WEST ALONG SAID ROAD 30 RODS AND 5 FEET; THENCE SOUTH 80 RODS TO THE HALF SECTION LINE RUNNING EAST AND WEST FOR THE TRUE POINT OF BEGINNING; THENCE ALONG SAID HALF SECTION LINE EAST 30 RODS AND 5 FEET; THENCE NORTH 500 FEET; THENCE WEST 30 RODS AND 5 FEET; THENCE SOUTH 500 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION Lx,'ING NORTHE:XS~ERLY OF THE SOUTH WES FERL¥ LINE OF THE PUBLIC [-~OAD St- OWN .~S ROAD S('R\ EY NO. 4,q-. IN FHE RECORDS OF THE COUNTY SUR\"EYOR OF SAID COUNTY .ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED JUNE I l, ]973 ,AS FILE NO "~-1-x '*,o-~ R ' ,_ .8_ _ OF OFFICIAL ECORDS. PARCEL F- l: THE SOUTHERLY 500 FEET OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECT1ON 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BEP~NARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED IN PARCELS 71-0370-A AND 71-0370-C IN DEED TO THE CO. UNTY OF SAN DIEGO. RECORDED JUNE 11, 1973 AS FILE NO. 73-158595 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 8 AND 8A IN FINAL ORDER OF CONDEMNATION RECORDED MARCH 3.1977 AS FILE NO. 77-079372 OF OFFICIAL RECORDS. PARCEL F-2: THAT PORTION OF THE SOUTHERLY 500 FEET OF THE WEST I-L4.LF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHV, rEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23. TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO OFFICL~L PLAT THEREOF. LYING NORTHEASTERLY OF THE NORTHEASTERLy LINE OF COUNTY ROAD SURVEY NO. 407. EXCEPTING THEREFROM THAT PORT1ON DESCRIBED AS PARCEL 71-0370-C IN DEED TO THE COUNTY OF SAN DIEGO. RECORDED JUNE l l. ] 973 AS FILE NO. 73-158595 OF OFFICIAL RECORDS. P.~RCEL H: BLOCK 3 OF BRiMHALL'S ADDITION TO OTAY, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 4,1889. EXCEPTING TI-L~.T PORTION OF SAID LOT 3 LYING EAST OF TH]E WEST LINE OF THAT CERTAIN PARCEL DEEDED BY GUY WITTER, F.D. BARNIq]LL AND HARRY WILEY TO STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED FILED DECEMBER 7, 1934, AND RECORDED IN BOOK 325, PAGE 113 OF OFFICIAL RECORDS, ALSO EXCEPTiNG FROM S.&ID PORTION OF LOT 3 ABOVE DESCRIBED THE NORTH 121/2_ FEET THEREOF. .~d, SO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO, IN DEED RECORDED FEBRUARY 26, 1974 AS FILE NO. 74-047804 OF OFFICIAL RECORDS. PARCEL J: SOU1 H\VEST QUARTER OF THE NC)RTi~\VEST QUARTER OF SEC] ION 20. TOWNSHIP 18 SOUTH. R~.NGE I \\'EST. BERNARDINO ~IERIDIAN. iN TIlE COLNTY OF SAN DIEGO. S~-\']E OF CALIFORNIA. ACCORDING TO UNITED STATES GO\ ERNMENT SURVEY. APPROVED SEPTEMBER ii.1879. EXCEPTING THEREFRO54 THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF OTAY \'ALLEY ROAD. AS DESCRIBED IN THAT CERTAIN EASEMENT DEED IN FAVOR OF THE CITY OF CHULA VISTA. RECORDED OCTOBER 7.1003 AS FILE NO. ]993-06670(}6 OF OFFICIAL RECORDS. PARCEL K: THAT PORTION OF LOT 2 OF SECTION 20. TO'O. qqSHIP 18 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, IN COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON WEST LINE OF LOT 2 OF SECT1ON 20, TOWNSHIP 18 SOUTH, RANGE I WEST, SAN BERNARDINO MERIDIAN, SAID POINT BEING NORTH 00*09' WEST, 20 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE OF SAID LOT 2, NORTH 0*09'WEST, 995.00 FEET TO A POINT; THENCE SOUTH 80'31' EAST 200.00 FEET TO A POINT; THENCE SOUTH 82'17'30" EAST 385.00 FEET TO A POINT; THENCE SOUTH 76*49'30" EAST 150.00 FEET TO A POINT; THENCE SOUTH 84'16'30" EAST 301.81 FEET TO A POINT: THENCE SOUTH 0*29' EAST, 911.20 FEET TO A POINT; THENCE NORTH 84*24' WEST, 198.80 FEET TO A POINT; THENCE NORTH 75*22' WEST 260.00 FEET TO A POINT; THENCE NORTH 15'00' EAST 423.00 FEET TO A POINT: THENCE NORTH 75*00' WEST, 196.97 FEET TO A POINT: THENCE SOUTH 15'00~ WEST. 454.80 FEET TO A POINT; THENCE NORTH 80'13'30'' WEST, 65.00 FEET TO A POINT: THENCE SOUTH 77*30' WEST. 1338 00 FEET TO A POINT: THENCE SOUTH 83*24'30" WEST 185.00 FEET TO THE POINT OF BEGINNING. Exhibit 11-1 FIRST AMERICAN TITLE COMPANY 345 Califomia Street San Francisco, California 94104 (415) 989-1300 January 12, 2001 Seller's Escrow Instructions Preliminary Report Reference Order No. * 1188915-20-Z dated as of Nov. 28, 2000 for a portion of the property described on Exhibit A-l: 1188915-20-Y dated as of Nov. 28, 2000 for a portion of the Property described on Exhibit A-2. Dated: * '~ ~ ~ '~' Vista Into Escrow No. SP3029/g8-A (City of San Diego), SP3029~8-B (City of Chula ' ) Covering: Property described on Exhibit A-1 and A-2 together with, and subject to easements as shown on deeds to City of Chula Vista. TO: First American Title Co. 345 California Street, Suite 2400 San Francisco, California 94104 Gentlemen: There is handed to you herewith, or there will be handed to you prior to closing, all of the following: A. An executed as "approved" estimated closing settlement statement B. "Read and Approved" copy of the 1) preliminary report 2)~ N/A C. Executed and acknowledged direct grant deeds to purchaser from H.G. Fenton Company, a California corporation, formerly known as H.G. Fenton Material Company and Hanson Aggregates Pacific Southwest Region, a corporation D. A um,~l~ tax ,~,~wt ~f~,~u~,~ty is h~o,~r *'l,~o~.~.v' ' N/A E. A vvmpmt~u F. A completed and signed "FIRPTA" affidavit G.-A completed and signed "Cal Firpta" certificate J. ~ch you ~e authorized ~d ins~cted to record, deliver or disb~se, ~ needed to cons~ate t~s escrow, when you have for delivej to the ~dersi~ed, or when you have accomplished, or ~e in position simult~eously Close Escrow No. SP302938 in accord~ce with sep~ate ins~ctions ~d to accomplish all of the following: 1. a) Issu~ce of your (*) ~TA O~RS POLICY 1992 Wi~ liabili~ in the ~o~t of: (*) ~e s~es price ~d . ~smng: (*) the ~tee in item C above as o~er in fee (*) .... . ._.. ..... Subject to the usual printed provisions ~d stipulations in s~d policy ~d subject to exceptions sho~ on Ex,bits B-1 ~d B-2 K. Co¢orate Resolution authorizing ~e sale of the Prope~. 2. O~ proce~ ~ sho~ on the estimated se~lement statement fo~d~ to TPI~ By wire ~an&er- ~ee ~ng in~mmtinng 3. Yo~ ~fl clos~g statement F~ST ~C~ T~LE ~S~CE CO~ CO~UCTS ESCROW BUS.SS ~ER CERTWICA~ OF A~O~Y NO 2787 ISS~D BY ~ STATE OF C~O~ DEP~ OF ~S~CE ESCROW GE~ PRO~SIONS 1. Deposit of ~nds & Disbursemen~ All ~ds shM1 be d~osit~ ~ generM escrow accosts ~ a f~erally ~s~ed ~ci~ ~fimfion includ~g ~ose affiliated M~ escrow Holder ("d~ositofies"). All disb~sements sh~l be made by Escrow Holder's check or by ~e ~sfer ~ess othe~se ~ction ~ ~t~g. ~e Good F~ds Law req~es ~at Escrow Holder have collation of r~eipt of ~ prior to ~sbmement. Escrow Holder may receive ce~m ~ci~ benefits from · e d~osito~ ~sfi~tions ~ a result of mainta~ng the general escrow accosts ~d its on-gong b~ng relationshp wi~ that ~stimfion ~d such benefits will betong solely to Escrow Hold~. 2. Disclosure of Possible Benefits to Escrow Holder The parties acknowledge that as a result of Escrow Holder maintaining its general escrow accounts with the depositories, Escrow Holder may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits"). All collateral benefits shall accrue to the sole benefit of Escrow Holder and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. 3. Prorations & Adjustments The term "close of escrow" means the date on which documents are recorded. All prorations and/or adjustments shall be made to the Close of Escrow based on a 30-day month, unless otherwise instructed in writing. 4. Recordation of Documents Escrow Holder is authorized to record documents delivered through this escrow which are necessary or proper for the issuance of the requested title insurance policy(les). 5. Authorization to Furnish Copies Escrow Holder may furnish copies of any and all documents to the lender(s), real estate broker(s), attoruey(s) and/or accountant(s) involved in this transaction upon their request. 6. Personal Property Taxes No examination, UCC search, insurance as to personal property and/or the payment of personal property taxes is required unless otherwise instructed in writing. 7. Cancellation of Escrow Any party desiring to cancel this escrow shall deliver written notice of cancellation to Escrow Holder. Within a reasonable time after receipt of such notice, Escrow Holder shall send by regular mail to the address on the escrow instructions, one copy of said notice to the other par~y(ies). Unless written objection to cancellation is delivered to Escrow Holder by a party within 10 days after date of mailing, Escrow Holder is authorized at its option to comply with the notice and terminate the escrow. If a written objection is received by Escrow Holder, Escrow Holder is authorized at its option to hold all funds and documents in escrow (subject to the fimds held fee) and to take no other action until otherwise directed by either the parties' mutual written instructions or a final order of a court of competent jurisdiction. If no action is taken on this escrow within 6 months after the closing date specified in the escrow instructions, Escrow Holder's obligations shall, at its option, terminate. Upon termination of this escrow, the parties shall pay all fees, charges and reimbursements due to Escrow Holder and all documents and funds held in escrow shall be returned to the parties depositing same. 8. Conflicting Instructions & Disputes If Escrow Holder becomes aware of any conflicting demands or claims concerning tlxis escrow, Escrow Holder shall have the fight to discontinue all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction. Escrow Holder has the fight at its option to file an action in interpleader requiring the parties to litigate their claims/fights. If such an action is filed, the parties jointly and severally agree (a) to pay Escrow Holder's cancellation charges, costs (including the funds held fees) and reasonable attorney's fees, and (b) that Escrow Holder is fully released and discharged from all further obligations under the escrow. If an action is brought involving this escrow and/or Escrow Holder, the parties agree to indenmify and hold the Escrow Holder harmless against liabilities, damages and costs incurred by Escrow Holder (including reasonable attorneys fees and costs) except to the extent that such liabilities, damages and costs were caused by the gross negligence or willful misconduct of Escrow Holder. 9. Usury Escrow Holder is not to be concerned with usury as to any loans or encumbrances in this escrow and is hereby released of any responsibility and/or liability therefor. ~ - ! ~ _ 10. Amendments to Escrow Instructions Any amendment to the escrow instructions must be in writing, executed by all parties and accepted by Escrow Holder. Escrow Holder may, at its sole option, elect to accept and act upon oral instructions from the parties. If requested by Escrow Holder the parties covenant to confirm said instructions in writing as soon as practicable. The escrow instructions as may be amended shall constitute the entire escrow agreement between the Escrow Holder and the parties hereto with respect to the subject matter of the escrow and shall supersede all prior agreements with respect thereto. 11. Supplemental Real Property Taxes Supplemental taxes may be assessed as a result of a change in ownership or completion of construction. Adjustments due either party based on a supplemental tax bill will be made by the parties outside of escrow and Escrow Holder is released of any liability in connection with same. 12. Change of Ownership Forms Buyer will provide a completed Preliminary Change of Ownership Report form ("PCOR"). If Buyer fails to provide the PCOR, Escrow Holder shall close escrow and charge Buyer any additional fee incurred for recording the documents without the PCOR. Escrow Holder is released from any liability in connection with same. 13. Insurance Policies In all matters relating to Insurance, Escrow Holder may assume that each policy is in force and that the necessary premium has been paid. Escrow Holder is not responsible for obtaining fire, hazard or liability insurance, unless Escrow Holder has received specific written instructions to obtain such insurance prior to close of escrow from the parties or their respective lenders. 14. Facsimile Instructions The parties agree to accept and instruct the Escrow Holder to rely upon facsimile transmitted documents as if they had original signatures. Within 72 hours of transmission, the party transmitting documents by facsimile shall deliver the originals of such documents to Escrow Holder. Escrow Holder may withhold documents and/or funds due to the party until such originals are delivered. Documents to be recorded must contain original signatures. 15. Execution in Counterpart The escrow instructions and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction. 16. Tax Reporting, Withholding & Disclosure The parties are advised to seek independent advice concerning the tax consequences of this transaction, including but not limited to, their withholdIng, reporting and disclosure obligations. Escrow Holder does not provide tax or legal advice and the parties agree to hold Escrow Holder harmless fi.om any loss or damage that the parties may incur as a result of their failure to comply with federal and/or state tax laws. WITHHOLDING OBLIGATIONS ARE THE EXCLUSIVE OBLIGATIONS OF THE PARTIES. ESCROW HOLDER IS NOT RESPONSIBLE TO PERFOR31 THESE OBLIGATIONS UNLESS ESCROW HOLDER AGREES IN WRITING. A. Taxpayer Identification Number Reporting Federal law requires Escrow. Holder to report Seller's social security number and/or tax identification number, forwarding address, and the gross sales price to the Internal Revenue Service ("IRS"). Escrow can not be closed nor any documents recorded until the information is provided and Seller certifies its accuracy to Escrow Holder. ~ ./, q B. State & Federal Withholding & Reporting A buyer mav be required to withhold and deliver to the Franchise Tax Board an amount equal to 3.33% of the sales price ~)f a California real property interest by either: 1) a seller who is an individual with either a last known street address outside of California or when the seller's disbursement instructions direct the proceeds to be sent to a financial intermediary of the seller; OR 2) a corporate seller which has no permanent place of business in California. The buyer may become subject to a penalty in an amount equal to the greater of 10% of the amount required to be withheld or $500. However, the buyer is not required to withhold any amount and will not be subject to penalty for fa/lure to withhold if: a) the sales price of the California real property interest conveyed does not exceed $100,000; b) the seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California; OR c) the seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence. The Califomia Franchise Tax Board may grant reduced withholding or waivers. To obtain additional information regarding California withholding, contact the Franchise Tax Board, Withhold at Source Unit, P. O. Box 651, Sacramento, CA 95812-0651 (916/845-4900). Certain federal reporting and withholding requirements exist for real estate transactions where the seller (transferor) is a non-resident alien, a non-domestic corporation or parmership, a domestic corporation or partnership controlled by non-residents or non-resident corporations or partnerships. C. Taxpayer Identification Disclosure Parties to a residential real estate transaction involving seller-provided financing are required to fumish, disclose, and include taxpayer identification numbers in their tax returns. Escrow Holder is not obligated to transmit the taxpayer identification numbers to the IRS or to the parties. Escrow Holder is authorized to release any party's taxpayer identification numbers to any other party upon receipt of a written request. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold Escrow Holder harmless against any fees, costs, or judgments incurred and/or awarded because of the release of taxpayer identification numbers. FIRST AMERICAN TITLE COMPANY CONDUCTS ESCROW BUSINESS LrNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. SELLERS: Western Region Vice President and Regional Director Western Region, THE TRUST FOR PUBLIC LAND Received this day of ., 19 First American Title Company FIRST AMERICAN TITLE INSURANCE COMPANY 345 California Street #2400 San Francisco, California 94104 (415) 989-1300 FAX 415-398-1750 January 12, 2001 Purchaser's Escrow Instructions Preliminary Report Reference Order No. Order No. *1188915-20-Z dated as of Nov. 28, 2000 for a portion of the property described on Exhibit A-l: 1188915-20-Y dated as of Nov. 28, 2000 for a portion of the Property described on Exhibit A-2. Dated * Into Escrow No.: No. SP302948-A (City of San Diego), SP302948-B (City of Chula Vista) Covering: Property described on Exhibit A-1 and A-2 together with, and subject to easements as shown on deeds to City of Chula Vista. TO: First American Title Insurance Co. 345 California Street, Suite 2400 San Francisco, California 94104 Gentlemen: There is handed to you herewith, or there will be handed to you prior to closing, all of the following: A. An approved estimated closing settlement statement B. "Read and approved" copy of: 1) the referenced preliminary report ~-)-rentai-staCen~nt N/A C. A completed and signed "Change of Ownership" D. A ~u~pl~ted ,~d ~ir~d ~t,:~ uf id~ti~y N/A E. Immediately available fimds deposited on the day prior to closing, in the form of a cashier's check from a local bank or a bank wire, in the amount shown on the closing settlement statement. J. A ~opy u[ .... ' ' ~ " N/A ~ch you ~e authorized ~d ins~cted to record, deliver or dish.se, as needM to cons~ate t~s escrow, when you have for delive~ to the ~dersi~ed, or when you have accomplished, or ~e in position simultaeously close Escrow No. SP 302938 in accordace with sep~ate ins~ctions ad to accomplish all of~e following: 1. a) Issu~ce by you of~e follow~g fo~ of title policy: (*) ~TA 1992 owner's policy ~TH ~GION~ EXCEPTIONS with liabili~ ~ the ~o~t of (*) ~e sales price, ins~ng: (*) the ~tee in item 2 below a o~er in fee subject to the usual printed provisions ~d stipulations in said policy ~d subject to exertions specified ~ Ex,bits B-1 ~d B- 2 a~ched hereto ~d inco~orated herein by ~s reference. 2. A ~t deed ves~g title ~,"Ci~ of S~ Diego, a m~cip~ co~oraion," ~ to ~e Prope~ descfibM in Ex,bit A-l, ~d "Ci~ of Chula Vist~ a m~cipal co~orafion, "a to ~e Prope~ descfibM ~ Ex,bit A-2. 3. Yo~ final clos~g statement . ~pi;~ ~l O~ 1~1 ~U~IIUIIL~ N/A 5. The executed F~TA affi~vit 6. ~e executed CM F~ Certificate ESCROW GE~ PRO~SIONS 1. Deposit of ~nds & D~bursemen~ All ~ shall be d~osited in genial escrow accosts in a fed~Mly ~s~ ~ciM ~sfi~fion ~clu~g ~ose ~Hated ~ escrow Holder ("d~ositofies"). ~1 ~sbmements shah be mMe by Escrow Hold~'s ch~k or by wke ~sfer ~ess o~e~ise ~s~ction ~ ~g. ~e ~od F~& Law r~es ~at Escrow Holder have con~afion of receipt of ~& prior to ~sb~sem~t. Escrow Holder may r~eive c~m ~cial benefi~ ~om ~e d~osito~ ~fimfio~ ~ a result of mmt~g ~e g~ mcrow accosts ~d its on-gong b~g relafionshp wi~ ~at ~sfimfion md such benefits Mll belong solely to Escrow Holder. 2. Disclosure of Possible Benefits to Escrow Holder The parties acknowledge that as a result of Escrow Holder maintaining its general escrow accounts with the depositories, Escrow Holder may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits"). All collateral benefits shall accrue to the sole benefit of Escrow Holder and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. 3. Prorations & Adjustments The term "close o£escrow" means the date on which documents are recorded. All prorations and/or adjustments shall be made to the Close of Escrow based on a 30-day month, unless otherwise instructed in writing. 4. Recordation of Documents Escrow Holder is authorized to record documents delivered through this escrow which are necessary or proper for the issuance of the requested title insurance policy(les). 5. Authorization to Furnish Copies Escrow Holder may furnish copies of any and all documents to the lender(s), real estate broker(s), attorney(s) and/or accountant(s) involved in this transaction upon their request. 6. Personal Property Taxes No examination, UCC search, insurance as to personal property and/or the payment of personal property taxes is required unless otherwise instructed in writing. 7. Cancellation of Escrow Any party desiring to cancel this escrow shall deliver written notice of cancellation to Escrow Holder. Within a reasonable time after receipt of such notice, Escrow Holder shall send by regular mail to the address on the escrow instructions, one copy of said notice to the other party(les). Unless written objection to cancellation is delivered to Escrow Holder by a party within 10 days after date of mailing, Escrow Holder is authorized at its option to comply with the notice and terminate the escrow. If a written objection is received by Escrow Holder, Escrow Holder is authorized at its option to hold all funds and documents in escrow (subject to the funds held fee) and to take no other action until otherwise directed by either the parties' mutual written instructions or a final order of a court of competent jurisdiction. If no action is taken on this escrow within 6 months after the closing date specified in the escrow instructions, Escrow Holder's obligations shall, at its option, terminate. Upon termination of this escrow, the parties shall pay all fees, charges and reimbursements due to Escrow Holder and all documents and funds held in escrow shall be returned to the parties depositing same. 8. Confficting Instructions & Disputes If Escrow Holder becomes aware of any conllicting demands or claims concerning this escrow, Escrow Holder shall have the right to discontinue all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction. Escrow Holder has the right at its option to file an action in interpleader requiring the parties to litigate their claims/rights. If such an action is filed, the parties jointly and severally agree (a) to pay Escrow Holder's cancellation charges, costs (including the funds held fees) and reasonable attorney's fees, and (b) that Escrow Holder is fully released and discharged from all further obligations under the escrow. If an action is brought involving this escro~v and/or Escrow Holder, the parties agree to indemnify and hold the Escrow Holder harmless against liabilities, damages and costs incurred by Escrow Holder (including reasonable attorney's fees and costs) except to the extent that such liabilities, damages and costs were caused by the gross negligence or willful misconduct of Escrow Holder. 9. Usury Escrow Holder is not to be concerned with usury as to any loans or encumbrances in this escrow and is hereby released of any responsibility and/or liability therefor. 10. Amendments to Escrow Instructions Any amendment to the escrow instructions must be in writing, executed by all parties and accepted by Escrow Holder. Escrow Holder may, at its sole option, elect to accept and act upon oral instructions fi.om the parties. If requested by Escrow Holder the parties covenant to confirm said instructions in writing as soon as practicable. The escrow instructions as may be amended shall constitute the entire escrow agreement between the Escrow Holder and the parties hereto with respect to the subject matter of the escrow and shall supersede all prior agreements with respect thereto. 11. Supplemental Real Property Taxes Supplemental taxes may be assessed as a result of a change in ownership or completion of construction. Adjustments due either party based on a supplemental tax bill will be made by the parties outside of escrow and Escrow Holder is released of any liability in connection with same. 12. Change of Ownership Forms Buyer will provide a completed Preliminary Change of Ownership Report form ("PCOR"). If Buyer fails to provide the PCOR, Escrow Holder shall close escrow and charge Buyer any additional fee incurred for recording the documents without the PCOR. Escrow Holder is released fi.om any liability in connection with same. 13. Insurance Policies In all matters relating to insurance, Escrow Holder may assume that each policy is in force and that the necessary premium has been paid. Escrow Holder is not responsible for obtaining fire, hazard or liability insurance, unless Escrow Holder has received specific written instructions to obtain such insurance prior to close of escrow fi.om the parties or their respective lenders. 14. Facsimile Instructions The parties agree to accept and instruct the Escrow Holder to rely upon facsimile transmitted documents as if they had original signatures. Within 72 hours of transmission, the party transmitting documents by facsimile shall deliver the originals of such documents to Escrow Holder. Escrow Holder may withhold documents and/or funds due to the party until such originals are delivered. Documents to be recorded must contain original signatures. 15. Execution in Counterpart The escrow instructions and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction. 16. Tax Reporting, Withholding & Disclosure The parties are advised to seek independent advice concerning the tax consequences of this transaction, including but not limited to, their withholding, reporting and disclosure obligations. Escrow Holder does not provide tax or legal advice and the parties agree to hold Escrow Holder harmless from any loss or damage that the parties may incur as a result of their failure to comply with federal and/or state tax laws. WITHHOLDING OBLIGATIONS ARE THE EXCLUSIVE OBLIGATIONS OF THE PARTIES. ESCROW HOLDER IS NOT RESPONSIBLE TO PERFORM THESE OBLIGATIONS UNLESS ESCROW HOLDER AGREES IN WRITING. A. Taxpayer Identification Number Reporting Federal law requires Escrow Holder to report Seller's social security number and/or tax identification number, forwarding address, and the gross sales price to the Internal Revenue Service ("IRS"). Escrow can not be closed nor any documents recorded until the information is provided and Seller certifies its accuracy to Escrow Holder. B. State & Federal Withholding & Reporting A buyer may be required to withhold and deliver to the Franchise Tax Board an amount equal to 3.33% of the sales price of a California real property interest by either: 1) a seller who is an individual with either a last known street address outside of California or when the seller's disbursement instructions direct the proceeds to be sent to a financial intermediaxy of the seller; OR 2) a corporate seller which has no permanent place of business in California. The buyer may become subject to a penalty in an amount equal to the greater of 10% of the amount required to be withheld or $500. However, the buyer is not required to withhold any amount and will not be subject to penalty for failure to withhold if: a) the sales price of the California real property interest conveyed does not exceed $100,000; b) the seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of Californ/a, or if a corporation, has a permanent place of business in California; OR c) the seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence. The Califomia Franchise Tax Board may grant reduced withholding or waivers. To obtain additional information regarding California withholding, contact the Franchise Tax Board, Withhold at Source Un/t, P. O. Box 651, Sacramento, CA 95812-0651 (916/845-4900). Certain federal reporting and withholding requirements exist for mai estate transactions where the seller (transferor) is a non-resident alien, a non-domestic corporation or partnership, a domestic corporation or partnership controlled by non-residents or non-resident corporations or partnerships. C. Taxpayer Identification Disclosure Parties to a residential real estate transaction involving seller-provided financing are required to furnish, disclose, and include taxpayer identification numbers in their tax returns. Escrow Holder is not obligated to transmit the taxpayer identification numbers to the ~ or to the parties. Escrow Holder is authorized to release any party's taxpayer identification numbers to any other party upon' receipt of a written request. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold Escrow Holder harmless against any fees, costs, or judgments incurred and/or awarded because of the release of taxpayer identification numbers. FIRST AMERICAN TITLE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. PURCHASER'S PURC~H~SER'S ~.~...,~ //' -~ ADDRESS ADDRESS Received this day of_ 19 First American Title Insurance Company BY: LEGAL DE-~2R~:TION Ti{E LAND I~.~ED TO l-~t~/~ ILS SUI~JATED IN T~E STAT~ OF ~RML~ COUNTY ~~Y D~'~. P~ C: PAOR LEGAL DF. SCJMI~IO~ THE LAND R~FEAR~D TO ~ IS SI~A~ ~ ~ STA~ OF ~LIFORNI~ C~ OF SAN DIDO, ~D l$ DE~BED AS ~AT ~R~ ~ LOT 7 OF F~V~ HOM~D ~CT, ~MM~G AT ~ N~ CO~ ~ SA~ LOT 7, BEING A POINT ON ~E W~T. ~22 FEET: ~CE ~UTH ~0'42'3 I' WEST. 2~.!9 ~ TO A ~T ON ~ WEST L~E OF SAiD LOT 7. SAI~ ~ 8~ ~E ~TOF ~INUS. PARCEL 8~ IN~ONALLY D~D. PARCEL C: IN'ENd'ALLY PARCEL 6' C~LA ~ ~ OF SAN ~E~O. STA~ OF CA~ c~C~ AT ~E N~ST OF THE SO~T QU~ OF BErG A'~NT ON ~E NOR~ERLY L~ OP ~E S~ N~ OP ~ ~$T QUARTER OF.~[ NOR~ ~,~ OF SAID S~ L~E OF"MND ~EY~ TO NO. ~N ~ ~PANW BY D~D DATED AU~ST Z6. 1935 &ND ~C~ ~ B~K ~S. PAO~ a6 OF O~CI~ ~S; ~CE W~T .~ S~ NOP.~Y ~ 330 F~ TO ~ NOR~EST ~ER OF S~D LAND; ~CE NOR~ A~ ~E NOR~Y PR~NGA~ OF OF $AID LAND. ~60 ~T~RE~L~S~UE ~OF PAGE AS FR.E NO 74-10Z$~4 OF OI~]CIAL REC:OILDS. ~T ~ OF S~ 23, ~S~ ~ ~ ~ ~ ~ C~ ~3T~ BE~O AT A ~ 10 RO~ ~T OF ~ ~R~ ~ OF ~ SO~T QU~ OF ~HE ~~ QU~ ~LlC ~ ~ ~ ~ OF ~ QU~ S~ON ~~T ~ OF RO~ ~ ~ ~ S~ ~ R~ ~ ~ W~ FOR ~ ~ ~ .OF ~EG~G, ~ ~O~ ~ ~ S~ON ~ ~T ~0 RODS ~ ~ ~; ~NCE ~R~;~~30R~ ~C~I~G ~~ ~T POR~ON L~ S~Y ~ O~ ~ ~C RO~ ~0~ AS RO~ S~VEY ~ ~ ~ ~ ~Y~ OF S~ ~. ~0 ~C~G ~OM ~T ~R~O~ ~ CO~ TO ~ ~ OF S~ D~;~ D~D ~ED ~ ~E ~Y ~ ~ OF ~ ~ ~ O~ ~ ~T ~ OF ~ E~T ~F OF ~. ~ 2 ~. S~ B~O C ~ D~ ~0 ~ CO~ O~ $~ OF ~ ~. ~^o£ ~ TH~T L~)R.TION OF LOT 2 C~ SF::C'TION 20, TO~N~I]' BEOI2~rING AT A POINT ON WEST ~ OF LOT 2 OF 76'4~ ~ 1~.~ ~g ~ A ~; ~ ~ ~e16~' ~ 301.81 NOR~ 15~' ~ST 4~.~ F~ ~ X ~; ~ NO~ 75~ ~. 1~.~ EXHIBIT B-I to ESCROW INSTRUCTIONS City of San Diego Title Exceptions The City of San Diego shall take title subject to the following title exceptions: ~/) title exceptions 4, 6, 13, 15, 19, 21, 22, 24, 25, 27, 28, 32, 33, 39, 42, and 44, as shown on First American Title Insurance Company Preliminary Report no. 1188915-20-Z, amended December 2, 2000 and dated as of November 28, 2000, provided to the City of San Diego and incorporated herein by this reference; (2) the standard printed exceptions on the form of title insurance policy issued pursuant to Section 8; and (3) anY other matters approved by the City of San Diego. EXHIBIT B-2 to ESCROW INSTRUCTIONS The City of Chula Vista shall take title subject to the following title exceptions: (/) title exceptions 5, 7-12, 14, 16-18, 20, 23, 29-31, 34-38, 39, 40-43, 45, 46, 47, 49-51, 52, 53- 55, and 57, as shown on First American Title Insurance Company Preliminary Report no. 1188915-20-Y, amended December 2, 2000 and dated as of November 28, 2000, provided to the City of Chula Vista and incorporated herein by this reference; (2) non-exclusive easement for storm water discharge over the Property reserved by Owner to benefit Owner's retained property, as described in the draft grant deed provided by Seller to the City of Chula Vista, receipt and approval of which is hereby acknowledged by the City of Chula Vista; ($) the standard printed exceptions on the form of title insurance policy issued pursuant to Section 8; and (~/) any other matters approved by the City of Chula Vista. EXHIBIT C-1 City of San Diego Title Exceptions The CiD' of San Diego shall take title subject to the following title exceptions: (a) title exceptions 4, 6, 13, 15, 19, 2l, 22, 24, 25, 27, 28, 32, 33, 39, 42, and 44, as shown on First American Title Insurance Company Preliminary Report no. 1188915-20-Z, amended December 2, 2000 and dated as of November 28, 2000, provided to the City of San Diego and incorporated herein by this reference; (b) the standard printed exceptions on the roma of title insurance policy issued pursuant to Section 8; and (c) any other matters approved by the City of San Diego. Fenton/Otay/cityo fsd.psa4/1.12.01/cvs EXHIBIT C-2 The City of Chula Vista shall take title subject to the following title exceptions: (a) title exceptions 5, 7-12, 14, 16-18, 20, 23, 29-31, 34-38, 39, 40-43, 45, 46, 47, 49-51, 52, 53- 55, and 57, as shown on First American Title Insurance Company Preliminary Report no. 1188915-20-Y, amended December 2, 2000 and dated as of November 28, 2000, provided to the City of Chula Vista and incorporated herein by this reference; (b) non-exclusive easement for storm water discharge over the Property reserved by Owner to benefit Owner's retained property, as described in the draft grant deed provided by Seller to the City of Chula Vista, receipt and approval of which is hereby acknowledged by the City of Chula Vista; (c) the standard printed exceptions on the form of title insurance policy issued pursuant to Section 8; and (d) any other matters approved by the City of Chula Vista. Fenton/Otay/cityofsd. psa4/1.12.01/cvs ORDER NO. 1188915-20-~ 4.. ~'~"~¢z~-~l~2-.>~=~ ./ FIRST AMERICAN TITLE INSURANCE COMPANY ,~ . ._~ 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 "~ '~" '' P.O. BOX 808, SAN DIEGO, CALIFORN'IA 92112 (619) 238-1776 FIRST AMEPdCAN TITLE INSURANCE COMPANY 345 CALIFORNIA STREET #2400 SAN FRANCISCO, CA 94104 ATTENTION: MELANIE ANGERMAN YOUR REF. SP302938 OUR ORDER NO. 1188915-20 - Y BUYER: TRUST FOR PUBLIC LAND CHULA VISTA IN RESPONSE TO THE HEREiN REFERENCED APPLICATION FOR A POLICY OF TITLE iNSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE iNSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREiN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAiNED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS ANrD EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES AR_E SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSUl~42~CE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THiS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE iNSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JANUARY 16, 2001 AT 7:30 A.M. m~,a/s~E~ - T~ o?~ieza DIRECT DIAL PHONE 231-4605 PAGE 1 -*~.~z~.~ ~ ORDER NO. 1188915-20 THE FORM OF POLICY TITLE INSUILkNCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNERS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: H.G. FENTON MATERIAL COMPANY, A CORPORATION AND N & S MATERIALS, 1NC., A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST IN PARCEL K THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREiN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS ANq:) EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, A LIEN, NOT YET PAYABLE. 2. SECOND INST.adLLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000-2001. A LIEN NOT YET DELINQUENT. 3. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 809-185-15-10. ORIGINAL 1ST INSTALLMENrF $2,300.42 PAID ORIGINAL 2ND INSTALLMENq' $2,300.42 (DELINQUENT ON 04/10/2001) DELINQUENCY CHARGES: $230.04 1 ST PENALTY $240.04 2ND PENALTY AFFECTS PARCEL H SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 899-204-24-29. ORIGINAL 1 ST INSTALLMENT $334.66 PAID ORIGINAL 2ND INSTALLMENT $334.66 (DELINQUENT ON 04/30/2001) DELINQUENCY CHARGES: $43.47 2ND PENALTY AFFECTS PARCEL J PAGE2 ~. ~ ~-' ORDER .NO. 1188915-20 ',~.',-~ CHULA VISTMTPL SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TA~XATiON CODE. PARCEL NO. 809-204-24-10. ORIGiNAL 1 ST INSTALLMENT $1,962.49 PAID ORiGINAL 2ND INSTALLMENT $1,962.49 (DELINQUENT ON 04/30/2001) DELINQUENCY CHARGES: $206.25 2ND PENALTY AFFECTS PARCEL J SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 899-207-97-39. ORIGINAL 1 ST INSTALLMENT $77.39 DELINQUENT ON 12/31/2000 ORIGINAL 2ND INSTALLMENT $77.39 OPEN (DELINQUENT ON 04/30/2001) DELINQUENCY CHARGES: $ 7.74 1 ST PENALTY $17.74 2ND PENALTY AFFECTS PARCEL K SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE .,tND TAXATION CODE. PARCEL NO. 809-207-97-20. ORIGINAL 1 ST INSTALLMENT $447.16 DELINQUENT ORIGINAL 2ND INSTALLMENT $447.16 OPEN(DELINQUENT ON 04/30/2001) DELINQUENCY CHARGES: $44.72 1 ST PENALTY $54.72 2ND PENALTY AFFECTS PARCEL K SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 807-000-18-59. ORIGINAL 1 ST INSTALLMENT S272.33 DEL1NQUENrF ORIGINAL 2ND INSTALLMENT $272.33 (DELINQUENT ON 04/10/2001) DELINQUENCY CHARGES: $27.23 1ST PENALTY S37.23 2ND PENALTY AFFECTS P.~RCEL K SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 897-000-02-07. ORIGINAL 1ST INSTALLMENT $133.20 PAID ORIGINAL 2ND INSTALLMENT $133.20 (DELINQUENT ON 04/10/2001) DELINQUENCY CHARGES: $23.32 2ND PENALTY AFFECTS PARCEL K SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA PARCEL NO. 889-134-95-58. PAGE3 .~..r~ .-'f~':r- ORDER NO. 1188915-20 ORIGINAL 2ND INSTALLMENT S76.ti (DELINQUENT ON 04/10/2001) DELINQUENCY CHARGES: S 7.61 i ST PENALTY $I7.61 2ND PENALTY AFFECTS PARCEL K SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA KEVENUE AND TAXATION CODE. PARCEL NO. 807-000-18-60. ORIGINAL 1ST INSTALLMENT $135.88 PAID ORIGINAL 2ND iNSTALLMENT $135.88 (DELINQUENT ON 04/10/2001) DELINQUENCY CHARGES: $23.59 2ND PENALTY AFFECTS PARCEL K 4. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS. IF ANY, FROM THE OWNER OF THE HEREiN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 5. THE FOLLOWiNG P,_ECITAL CONTAINED IN PATENT DEED KECOPd)ED DECEMBER 2, 1885 IN BOOK 3, PAGE 387 OF PATENTS, WHICH RECITES IN PART AS FOLLOWS: SUBJECT TO ANY VESTED ANT) ACCRUED WATER RIGHTS FOR MINING AGRICULTUT,~L MANUFAC'IWJRING OR OTHER PURPOSES AND RIGHTS TO DITCHES AND RESERVOIY-S USED iN CONNECTION WTI'H SUCH WATER RIGHTS. AFFECTS PARCEL K. 6. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 164 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED AUGUST 9, 1901 1N BOOK 310, PAGE 38 OF DEEDS. AFFECTS PARCEL K. 7. THE EFFECT, IF ANY, OF RECORD OF LICENSED SURVEY MAP NO. 308, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL K. 8. AN EASEMENT FOR A PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE FENTON-SUMPTION-BARNES CO., A CORPORATION, RECORDED JULY 15, 1914 IN BOOK 500, PAGE 264 OF DEEDS. PAGE4 ~, ,2~ ~) ~'~,~c% ORDER NO. 1188915-20 ~¢~$~ ' CHULA VIST.aJTPL THE ROLWE OR LOCATION OF SAID EASEMENT C~NOT BE DETE~ED FROM ~E ~CO~. AFFECTS PARCELS F-1 AND F-2. 9. THE EFFECT, IF A~, OF ~CO~ OF LICENSED SURVEY NO. 308, WHICH SETS FORTH, OR PU~ORTS TO SET FORTH, CERTA~ DIMENSIONS ~ BERGS OF THE HE~IN DESC~BED PROPERTY. AFFECTS P~CEL J. 10. AN EASEMENT FOR THE T~NSMISSION OF ELECT~C CU~NT FOR ALL PU~OSES FOR WHICH IT MAY BE USED A~ ~CIDENTAL P~OSES ~ FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPAq, A CO,OPTION. RECO~ED AUGUST 11, 1930 ~ BOOK 1803, PAGE 273 OF DEEDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN S~ DOCUMENT A~ ~FECTS A PORTION OF THE HE~ DESC~BED PROPERTY. ~FE~NCE IS M~E TO S~ ~S~ENW FOR F~R P~TIC~. AFFECTS P.~CEL J. 11. AN EASEMENT FOR EITHER OR BOTH POLE L~S, ~ERGRO~ CO~UITS A~ INC~ENTAL P~OSES TOGETHER WITH THE ~GHT OF ~G~SS ~ EG~SS ~ FAVOR OF S~ DIEGO CONSOLIDATED GAS ~ ELECT~C COMPS, A CO~O~ATION BY ~S~ENT ~CO~ED ~Y 20, 1932 ~ BOOK 149, PAGE 34 OF OFFICL~ ~CO~S. ~E ROUTE OF S~D EASEMENT IS SET OUT ~ S~D DOCUMENT ~ ~FECTS A PORTION OF THE HERE~ DESC~BED PROPERTY. ~FE~NCE 1S ~E TO S~ ~STR~E~ FOR F~R P~TIC~S. ~FECTS P.~CEL K. 12. A ~CIT.~ AS CONT~D ~ DEED TO THE STATE OF C~O~, ~CO~ED SEPTE~ER 7, 1934 ~ BOOK 325 ~ PAGE 113 OF OFFICIAL ~CO~S, AS FOLLOWS: ~ ~. ~ S~ G~ORS, DO ~BY W~E ~L CL~ FOR CO~ENsA~oN FOR ~ ~ ~L D~GES ON ACCO~ OF ~ LOCA~ON, EST~LIS~ ~ CONS~UC~ON OF S~ HIG~AY. ~FE~NCE IS ~E TO S~ ~S~E~ FOR ~R P~C~S. ~FECTS P.~CEL H. 13. AN EASEME~ FOR ~LRO~ ~GHT OF WAY ~ ~CIDENT~ PU~OSES ~ FAVOR OF G~ WI~ER, F.D. B~ILL A~ H~Y EILEY, JO~ TEN~TS, THE PARTIES ~N~ JO~ W. AUST~, A WIDOWER, ~CO~ED ~L 20, 1934 ~ BOOK 293, PAGE 91 OF OFFICIAL ~CO~S. PAGE 5 C' ~ ~ ~.~,~;.~ ORDER NO. 1188915-20 .~z~ :~x CHULA VISTA/TPL THE ROUTE OR LOCATION CANNOT BE DETE~ED FROM S~D ~STRUMENT. AFFECTS P~CEL A. 14. RELINQUISHMENT OF ~GHT OF WAY ~ SAN DIEGO CO~TY TO RO~ ~-SD-2-F BETWEEN SAN YSIDRO A~ OTAY, WHICH ~VERTS TO CO~TY OF SAN DIEGO AS CO~TY HIGHWAY, THE TITLE TO PORTIONS OY STATE HIGHWAY HEREBY REL~QUISHED, AS DISCLOSED BY INSTRUMENT ~CO~ED OCTOBER 21, 1935 ~ BOOK 446, PAGE 75 OF OFFICIAL ~CO~S. AFFECTS P~CELS F-1 AND F-2. 15. AN EASEME~ ~ ~GHT OF WAY FOR ROAD ~ ~CIDENTAL PU~OSES AS ~SERVED BY ~STRUMENT ~CO~ED NOVEMBER 4, 1939 ~ BOOK 964, PAGE 235 OF OFFIC~ ~CO~S, A~ THE ~GHT OF OTHERS TO USE S~D EASEMENT AS CO,EYED OR ~SERVED ~ V~OUS OTHER ~STR~ENTS OF ~CO~, OVER, ~ER, ALONG AND ACROSS THE EAST 25 FEET. .~FECTS P~CEL J. 16. AN EASEMENT FOR THE T~NSMISSION A~ DIST~BUTION OF ELECT~CiTY AND FOR ~L PU~OSES CO~ECTED THE~WITH, A LINE OF POLES WITH WI~S SUSPE~ED THE~ON ~ ALL NECESS~Y ~ PROPERTY GUYS, ~CHO~GE, CROSSES ~ B~CES A~ OTHER F~S FOR USE ~ CO~CTION THE~WITH, TOGETHER WITH THE ~GHT OF ~G~SS THE~TO, EG~SS THE~FROM ~D ~CIDENTAL P~OSES ~ FAVOR OF SAN DIEGO CONSOLIDATED GAS A~ ELECT~C COMPS, A CO, OPTION, ~CO~ED AUGUST 4, 1941 ~ BOOK 1198, PAGE 399 OF OFFICI~ ~CO~S. THE ROUTE OF SAID EASEMENT 1S SET OUT ~ S~D DOCUME~ ~ ~FECTS A PORTION OF THE HE~ DESC~BED PROPERTY. ~FE~NCE IS M~E TO S~ ~STR~ FOR F~ER P~TIC~S. ~FECTS P~CEL J. 17. ~ EASEME~ FOR EIDER OR BO~ POLE L~S, ~ERGRO~ CO~UITS ~ ~CDENT~ P~OSES TOGE~ER WITH ~ ~GHT OF ~G~SS ~ EG~SS ~ FAVOR OF S~ DIEGO GAS ~ ELECT~C COMP~ BY ~STR~E~ ~CO~ED ~Y 16, 1951 ~ BOOK 4100, PAGE 481 OF OFFICI~ ~CO~S,. ~E ROUTE OF S~ EASEMENT IS SET OUT ~ S~ DOC~E~ ~ ~FECTS A PORTION OF ~E HE~ DESC~BED PROPERS. ~FE~NCE IS ~E TO S~ ~S~ FOR ~R P~C~S. ~FECTS P~CEL J. 18. AN EASEMENT FOR A L~ OF POLES WITH WI~S SUSPE~ED ~E~ON ~ ~L NECESS~Y ~D PROPER GUYS, ANCHO~GE, CROSS~S, B~CES A~ PAGE 6 ~. ~ ~ .... ORDER NO. 1188915-20 · ::~'~-?'4g~?~',- CHULA VISTA/TPL OTHER FIXTURES FOR USE IN CONNECTION THEREWITH FOR THE T~NSMISSION AND DISTRIBUTION OF ELECT~CITY FOR ALL PU~OSES FOR WH1CH IT MAY BE USED, TOGETHER WITH THE RIGHT OF ING~SS THE~TO, EGRESS THE~FROM A~ ~CIDENTAL P~OSES IN FAVOR OF S~ DIEGO GAS AND ELECT~C COMPANY, A CO~O~TION, RECORDED AUGUST 23, 1958 ~ BOOK 7223, PAGE 39 OF OFFICIAL ~CO~S. THE ROUTE OF SAID EASEMENT IS SET OUT ~ SAID DOCUMENT A~ AFFECTS A PORTION OF THE HERE~ DESCRIBED PROPERTY. ~FE~NCE IS M~E TO S~D ~S~E~ FOR F~ER P~TIC~S. ~FECTS P~CEL J. 19. THE ~GHTS OF THE PUBLIC ~ ~ TO THAT PORTION OF THE HE~IN DESC~BED PROPERTY LYING WITH~ OTAY VALLEY ROAD-N.S. 164 AS DISCLOSED BY M~ ON FILE ~ THE OFFICE OF THE CO~TY ASSESSOR OF SAN DIEGO CO~TY. .~FECTS P,~CEL J. 20. THE EFFECT, IF ~Y, OF ~CO~ OF SURVEY ~ NO. 7693, WHICH SETS FORTH, OR PU~ORTS TO SET FORTH, CERTA~ DIMENSIONS ~ BERGS OF THE HE~ DESC~BED PROPERTY. ,~FECTS P.~CEL J. 21. AN EASEMENT FOR THE ~STALLATION, CONS~UCTION, OPE~TION, MA~TEN,~NCE, ~P~R, ~PLACEMENT, A~ ~CONSTRUCTION OF SEWER PIPE L~ES ~N~/OR MA~S, ~OLES, SEWER LATE~ PIPE L~ES ~ ALL STRUCT~S ~CIDENTAL ~E~TO A~ ~C~ENT~ PU~OSES ~ FAVOR OF MONTGOMERY SANITATION DIST~CT, ~CO~ED OCTOBER 16, 1972 AS FILE NO. 277604 OF OFFIC~ ~CO~S. ~ RO~ OF S~ EASE~NT IS SET OUT ~ S~ DOC~E~ ~ ~FECTS A PORTION OF ~ ~ DESC~ED PROPERTY. ~FE~NCE IS ~E TO S~ ~S~E~ FOR ~R P~TIC~S. ~FECTS P~CELS F-1 ~ F-2. 22. ~E P~EGE ~ ~GHT TO EXTE~ D~AGE STRUC~S, EXCAVATION ~ E~E~ SLOPES BEYO~ THE L~TS OF 4~ A~ ~E~ ~Q~D FOR ~E CONS~UCTION ~ M~EN~CE OF S~ PROPER~ AS G~ED ~ DEED ~CO~ED ~E 11, 1973 AS FILE NO. 73-158595 OF OFFICIAL ~CO~S. ,~FECTS P~CELS D, E, F-1 ~ F-2. 23. A ~CIT~ AS CO~D ~ DEED TO ~E CO~Y OF S~ DIEGO, ~CO~ED FEBRU~Y 26, 1974 AS FILE NO. 74-047804 OF OFFIC~ ~CO~S: PAGE 7 *~ THE GRANTOR FURTHER UNDERS'IANDS THAT THE PRESENT INTENTION OF THE GRANTEE 1S TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON THE LANDS HEREBY CONVEYED IN FEE .Mq-D THE GRANTOR, FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, HEREBY WAIVES ANY CLAIMS FOR ANY AND ALL DAMAGES TO GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO THE PROPERTY HEREBY CONVEYED BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING, OR MAINTENANCE OF SAID HIGHWAY. AFFECTS PARCEL H. 24. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAiD RIGHT OF WAY AS RESERVED IN DEED RECORDED MARCH 3, 1977 AS FILE NO. 77-079372 OF OFFICIAL RECORDS. AFFECTS PARCEL F-1. 25. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 7693 AND 8946, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL K. 26. THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN CONDITIONAL USE PERMIT NO. 10-645-0, AS DISCLOSED BY INSTRUMENT RECORDED JULY 22, 1982 AS FILE NO. 82-225145 OF OFFICIAL RECORDS. AFFECTS PARCEL H. 27. THE FACT THAT SAID LAND LIES WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PLAN AND PROJECT AREA, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 28, 1983 AS FILE NO. 83-472539 OF OFFICIAL RECORDS. AFFECTS PARCEL J. 28. THE FACT THAT SAiD LAND LIES WITHIN THE OTAY VALLEY ROAD REORGANIZATION, AS DISCLOSED BY INSTRUMENT RECORDED FEBRUARY 14, 1985 AS FILE NO. 85-050478 OF OFFICIAL RECORDS. AFFECTS PARCEL J. 29. AN EASEMENT FOR A PUBLIC SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF SAN DIEGO, A MUNICIPAL CORPORATION, RECORDED APRIL 10, 1985 AS FILE NO. 85-121722 OF OFFICIAL RECORDS. THE ROU'IE OF SAID EASEMENT IS SET OUT 1N SAIl) DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCR1:BED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. " PAGE8 7-¢4 AFFECTS PARCELS F-1 ANrD F-2. 30. THE FACT THAT SAID LAND LIES WITHIN THE "MONTGOMERY REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 30, 1985 AS FILE NO. 85-492252 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A, F- 1 AND F-2. 31. AN EASEMENT FOR UNDERGROUND WATER PIPELINES AND LATERALS, MAIN SEWER LINES, SEWER TRUNK LINES, COLLECTION LINES AND LATERALS, SEWER MANHOLES AND INCIDENTAL PURPOSES IN FAVOR OF OTAY WATER DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED SEPTEMBER 11, 1989 AS FILE NO. 89- 488580 OF OFFICIAL RECORDS, LOCATED WITHIN THE EASTERLY 20.00 FEET OF PARCEL J. AFFECTS PARCEL J. 32. AN EASEMENT FOR A DRAIN SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CHULA VISTA, RECORDED OCTOBER 20, 1989 AS FILE NO. 89-571990 OF OFFICIAL RECORDS. THE ROU 11: OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PAI?,CEL K. 33. THE FACT THAT SAID LAND LIES WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA, AS DISCLOSED BY iNSTRUMENT RECORDED NOVEMBER 28, 1990 AS FILE NO. 90-635 I49 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENrl' FOR FURTHER PARTICULARS. AFFECTS PARCELS D, E, F-1 AND F-2. 34. AN EASEMENT FOR STREET PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CHULA VISTA, RECORDED FEBRUARY 13, 1992 AS FILE NO. 1992- 0081700 AND 1992-0081701, BOTH OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. SAID INSTRUM~ENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE -LIMITS OF SAiD RIGHT OF WAY WHERE REQUIRED FOR 7HE CONSTRUCTION AND MAINTENANCE THEREOF. PAGE 9 ;>>'~:~ ,::~.,': '- ORDER NO. 1188915-20 ~%~ ' CHULA VISTA/TPL AFFECTS PARCEL H. 35. AN EASEMENT FOR A D~IN SEWER AND INCIDENTAL PU~OSES ~ FAVOR OF THE CITY OF CHULA VISTA, RECO~ED OCTOBER 7, 1993 AS FILE NO. 1993-0667005 OF OFFICIAL ~CORDS. THE ROU~ OF S~D EASEMENT IS SET OUT ~ S~D DOC~E~ A~ ~FECTS A PORTION OF ~E HE~ DESC~ED PROPERS. ~FE~NCE IS ~E TO SAID ~S~E~ FOR F~ER P~TIC~S. ~FECTS P~CEL J. 36. AN EASEME~ FOR ST~ET A~ P~LIC UTILITY P~OSES, TOGETHER WITH SLOPES PU~OSES ~D TEMPO~Y CONSTRUCTION PU~OSES AND INCIDENTAL PU~OSES ~ FAVOR OF THE CITY OF CHULA VISTA, RECO~ED OCTOBER 7, 1993 AS FILE NO. 1993-0667006 OF OFFICIAL ~CO~S. THE ROUTE OF S~D EASEMENT IS SET OUT IN S~D DOC~ENT ~ ~FECTS A PORTION OF ~E ~ DESC~ED PROPERTY. ~FE~NCE IS ~E TO S~D ~S~E~ FOR F~THER P~TIC~S. AFFECTS P~CEL J. 37. AN AG~EMENT ~GA~G THE DEFE~L OF THE ~ST~LATION OF CERTA~ PUBLIC IMPROVEME~S ~ THE CITY OF CHULA VISTA ~ LIEN SECU~G THE FUTU~ ~STALLATION OF S~D IMPROVEMENTS, DATED DECEMBER 23, 1993, ~ON THE TE~S, COVENANTS, A~ CO~ITIONS CONT~ED THE~. E~CUTED BY ~ BE~EN: ~E CI~ OF C~A ~STA, A ~C~ CO~O~ON ~ FE~ON-~STE~ PROPER~ES, ~ H.G. FELON ~CO~ED: ~L 25, 1994 AS FILE NO. 1994-0274818 OF OFFIC~ ~CO~S. AFFECTS P.~CEL A. 38. THE EFFECT, ~ ~, OF ~CO~ OF S~VEY M~ NO. 15149, ~ICH SETS FORTH, OR P~ORTS TO SET FOR~, CERT~ D~ENSIONS ~ BERGS OF ~ HE~ DESC~ED PROPERTY. ~FECTS P~CEL A. 39. ~ EASEMENT FOR ST~ET ~ P~LIC UTILITY, SLOPE, ~ ~O~Y CONSTRUCTION P~OSES ~ ~CIDENTAL P~OSES ~ FAVOR OF ~E CI~ OF C~LA VISTA, ~CO~ED DECEMBER I1, 1995 AS FILE NO. 1995-0562553 OF OFFICI~ ~CO~S. ~E RO~ OF S~ EASE~ IS SET OUT ~ S~ DOC~ ~ ~ECTS A PORTION OF ~E ~ DESC~ED PROPERS. PAGE 10 ~ / ~¢:-' :~-z,.~ ,;~v':?'~.~. ~ O~ER NO. 1188915-20 ~-,~ CHULA VIST~TPL REFERENCE IS M~E TO SAID INSTRUMENT FOR FURTHER P~TIC~.~S. AFFECTS PARCEL K. 40. AN EASEMENT FOR A D~IN SEWER AND INCIDENT~ PU~OSES IN FAVOR OF THE CITY OF CHULA VISTA, RECO~ED DECEMBER 11, 1995 AS FILE NO. 1995- 0562554 OF OFFICIAL ~CO~S. ~FECTS P~CEL K. 41. AN ~CO~ED OPTION AS DISCLOSED BY MEMO~UM OF OPTION RECO~ED ~LY 28, 19997 AS DOCUMENT NO. 1998-0357012 OF OFFICIAL ~CO~S. OPTIONOR: H.G. FENTON COMPAq, A CALIFO~A CO'OPTION OPTIONEE: THE TRUST FOR PUBLIC LA~, A CALIFORNIA NO~ROFIT PUBLIC BENEFIT CO'OPTION. A MEMO~ OF EXTENSION OF OPTION WAS ~CO~ED AUGUST 5, 1998 AS DOCUMENT NO. 1998-0490183 OF OFFICIAL ~CO~S. A MEMO~UM OF EXTENSION OF OPTION WAS ~CO~ED ~LY 8, 1999 AS DOC/~E~ NO. 1999-0474418 OF OFFICIAL ~CO~S. A MEMO~DUM OF EXTENSION OF OPTION WAS ~CO~ED J~Y 27, 2000 AS FILE NO. 2000-0041613 OF OFFICIAL ~CO~S. A MEMOK~UM OF EXTENSION OF OPTION TO M~CH 31, 2001 WAS ~CO~ED ~E 30, 2000 AS FILE NO. 2000-0348258 OF OFFICI~ ~CO~S. 42. THE TE~S, CO~ITIONS ~ PROVISIONS CONT~D ~ SPEC~ USE PE~IT NO. SUPS-96-06, AS DISCLOSED BY ~S~UME~ ~CO~ED ~L 24, 1998 AS FILE NO. 1998-0236827 OF OFFICI~ ~CO~S. AFFECTS P~CEL A. 43. AN EASEME~ FOR D~AGE ~GHT OF WAY ~ ~CIDENT~ P~OSES ~ FAVOR OF THE CITY OF CHULA VISTA, ~CO~ED FEBRU~Y 11, 1999 AS FILE NO. 1999-086989 OF OFFICI~ ~CO~S. THE ROUTE OF SAID EASEME~ IS SET OUT ~ S~ DOC~E~ ~ ~FECTS A PORTION OF THE HE~ DESC~ED PROPERTY. ~FE~NCE IS M~E TO SMD ~STR~ENT FOR F~ER P~C~S. ~FECTS P~CEL A PAGE 1I F7' ,LV/~ C; ORDER NO. 1188915-20 CHULA VISTA/TPL 2000-2001 TAX INFORMATION: CODE AREA: 01235 PARCEL NO.: 622-190-15 -00 1ST iNSTALLMENT: $793.04 PAID 2ND INSTALLMENT: $793.04 OPEN LAND VALUE: $132,742.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL A. CODE AREA: 01231 PARCEL NO.: 629-061-05 -00 1 ST iNSTALLMENT: $32.84 PAID 2ND iNSTALLMENT: $32.84 OPEN LAND VALUE: $4,049.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS P)d~CEL D. CODE AREA: 01231 PARCEL NO.: 629-061-06-00 1 ST iNSTALLMENT: $205.87 PAID 2ND INST.~LLMENT: $205.87 OPEN LAND VALUE: $28,697.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL E. CODE AREA: 01231 PARCEL NO.: 629-061-07-00 1ST INSTALLMENT: $56.93 PAID 2ND iNSTALLMENT: $56.93 OPEN LAND VALUE: $8,706.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL F-I AND F-2. CODE AREA: 01231 PARCEL NO.: 629-040-25-00 1STINSTALLMENT: $935.14 PAID 2ND INSTALLMENT: $935.14 OPEN LAND VALUE: $175,414.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL H. PAGE 12 F", kV/~ ORDER NO. 1188915-20 CHULA VISTA/TPL 2000-2001 TAX rNFORMATION CODE AREA: 01132 PARCEL NO.: 644-050-07-00 1 ST INSTALLMENT: $690.68 PAID 2ND iNSTALLMENT: $690.68 OPEN LAND VALUE: $63,723.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL J. ODE AREA: 01132 PARCEL NO.: 644-050-02-01 I ST INSTALLMENT: $278.37 PAID 2ND INSTALLMENT: $278.37 OPEN LAND VALUE: $27,948 IMPROVEMENTS: $-0 - EXEMPT: $-0- AFFECTS P)~RCEL K. CODE AREA: 01132 PARCEL NO.: 644-050-02-02 1ST INSTALLMENT: $151.88 PAID 2ND INSTALLMENT: $151.88 OPEN LAND VALUE: $13,518.00 IMPROVEMENTS: $-0- EXEMPT: $-0- .MrFECTS P.~CEL K. PAGE 13 ~ ° g~ ~ ~,~;~,~,,.~:.~%,,~._~ ORDER NO. 1188915-20 ....... ~'~ - CHULA VISTA/TPL LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND 1S DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOT 7 OF FAIVRE HOMESTEAD TRACT, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10, FILED iN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 27, 1880, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7, BEING A POINT ON THE CENTERLINE OF FAIVRE STREET, WHICH BEARS SOUTH 89°06'27" EAST AS SHOWN ON RECORD OF SURVEY NO. 15149, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 12, 1996; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 7~ SOUTH 00°24'55'' WEST, 400.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE, NORTH 84°31 '27" WEST, 194.47 FEET; THENCE NORTH 74°55'41" WEST~ 41.99 FEET; THENCE NORTH 55°31'57'' WEST, 38.84 FEET; THENCE NORTH 32035'42" WEST, 32.65 FEET: THENCE NORTH 64°06'34'' WEST, 72.19 FEET; THENCE NORTH 88002'27" WEST, 108.22 FEET; THENCE SOUTH 80°42'31'' WEST, 206.19 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7, SAID POINT BEING THE POINT OF TERMINUS. PARCEL B: INTENTIONALLY DELETED. PARCEL C: INTENrTIONALLY DELETED. PARCEL D: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF 71-IE NORTHWEST QUARTER OF SAID SECTION 23; THENCE WEST ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 A DISTANCE OF 665 FEET; THENCE SOUTH 660 FEET TO THE TRUE POINT OF BEGINNING, BEiNG A POINT ON THE NORTHERLY LiNE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE EAST ALONG SAID NORTHERLY LINE 330 FEET; THENCE SOUTH 160 FEET MORE OR LESS, TO THE NORTHERLY LINE OF LAND CONVEYED TO H.G. FENTON MATERIAL COMPANY BY DEED DATED AUGUST 26, 1935 AND RECORDED IN BOOK 425, PAGE 36 OF OFFICIAL RECORDS; THENCE WEST ALONG SAID NORTHERLY L1NE 330 FEET TO THE NORTI4WgEST CORNER OF SAID LAND; THENCE NORTH ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LiNE OF SAID LAND, 160 FEET MORE OR LESS TO TH]E TRUE POINT OF BEGINNING. " PAGE 14 ~.CC?7.~ ~- ~.~. ORDERNO. 1188915-20 ~ CHULA VISTA/TPL EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED IN FINAL ORDER CONDEMNATION FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 23, 1974 AS FILE NO. 74-102894 OF OFFICIAL RECORDS. PARCEL E: THAT PORTION OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARD1NO MERIDIAN 1N THE CITY OF CHULA VISTA, CO~ OF SAN DIEGO, STATE OF CALiFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGiNNING AT A POINT 10 RODS WEST OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTItWEST QUARTER OF SAiD SECTION 23, IN THE MIDDLE OF THE PUBLIC ROAD AND THE CENTER OF THE QUARTER SECTION (NORTHWEST QUARTER OF SECTION 23); THENCE WEST ALONG SAiD ROAD 30 RODS AND 5 FEET; THENCE SOUTH 80 RODS TO THE HALF SECTION LINE RUNNTNG EAST AND WEST FOR THE TRUE POINT OF BEGINqN1NG; THENCE ALONG SAID HALF SECTION LINE EAST 30 RODS AND 5 FEET; THENCE NORTH 500 FEET; THENCE WEST 30 RODS AND 5 FEET; THENCE SOUTH 500 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF THE PUBLIC ROAD SHOWN AS ROAD SURVEY NO. 407, IN THE RECORDS OF THE COUNTY SURVEYOR OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION THEP~OF CONVEYED TO THE COUNq'Y OF SAN DIEGO IN DEED RECORDED JUNE 11, I973 AS FILE NO. 73-158595 OF OFFICIAL RECORDS. PARCEL F-1: THE SOUTHERLY 500 FEET OF THE EAST HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VIST.% COUNTY OF SAN DIEGO, STATE OF CALiFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED IN PARCELS 71-0370-A AND 71-0370- C IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JUNE 11, 1973 AS FILE NO. 73-158595 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 8 AND 8A 1N FINAL ORDER OF CONDEMNATION RECORDED MARCH 3, 1977 AS FILE NO. 77-079372 OF OFFICIAL RECORDS. PAGE 15 F"' 5 / ORDER 1 188915-20 CHULA VISTA/TPL PARCEL F-2: THAT PORT1ON OF THE SOUTHERLY 500 FEET OF THE WEST HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 407. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 71-0370-C IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JUNE 11, 1973 AS FILE NO. 73-158595 OF OFFICIAL RECORDS. PARCEL G: INTENTIONALLY DELETED. PARCEL H: BLOCK 3 OF BRINHALL'S ADDITION TO OTAY, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 4, 1889. EXCEPTING THAT PORTION OF SAID LOT 3 L'~TNG EAST OF THE WEST LiNE OF THAT CERTAIN PARCEL DEEDED BY GUY WITTER, F.D. BARaNHILL .~ND HARRY WILEY TO STATE OF CALiFORNIA FOR HIGHWAY PURPOSES BY DEED FILED DECEMBER 7, 1934, AND RECORDED IN BOOK 325, PAGE 113 OF OFFICIAL RECORDS, ALSO EXCEPTING FROM SAID PORTION OF LOT 3 ABOVE DESCRIBED THE NORTH 12 I/2 FEET THTEREOF. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO, IN DEED RECORDED FEBRUARY 26, 1974 AS FILE NO. 74-047804 OF OFFICIAL RECORDS. PARCEL I: INTENTIONALLY DELETED. PARCEL J: SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARD1NO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNII'ED STATES GOVERNMENT SURVEY, APPROVED SEPTEMBER 11, 1879. EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF OTAY VALLEY ROAD, AS DESCRIBED IN THAT CERTAIN EASEMENT DEED IN FAVOR OF THE CITY OF CHULA VISTA, RECORDED OCTOBER 7, 1993 AS FILE NO. 1993-0667006 OF OFFICIAL RECORDS. CHULA VISTA/TPL PARCEL K: THAT PORTION OF LOT 2 OF SECTION 20, TOW'NSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON WEST LINE OF LOT 2 OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, SAD POINT BEING NORTH 0009' WEST, 20 FEET FROM THE SOUTICvVEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE OF SAID LOT 2, NORTH 0009' WEST, 995.00 FEET TO A POINT; THENCE SOUTH 80°31' EAST 200.00 FEET TO A POINT; THENCE SOUTH 82017'30" EAST 385.00 FEET TO A POINT; THENCE SOUTH 76°49'30" EAST 150.00 FEET TO A POINT; THENCE SOUTH 84016'30'' EAST 301.81 FEET TO A POINT; THENCE SOUTH 0029' EAST, 911.20 FEET TO A POINT; THENCE NORTH 84024' WEST, 198.80 FEET TO A POINT; THENCE NORTH 75022' WEST 260.00 FEET TO A POINT; THENCE NORTH 15000' EAST 423.00 FEET TO A POINT; THENCE NORTH 75000' WEST, 196.97 FEET TO A POINri'; THENCE SOUTH 15000' WEST, 454.80 FEET TO A POINT; THENCE NORTH 80013'30'' WEST. 65.00 FEET TO A POINT; THENCE SOUTH 77030' WEST, 138.00 FEET TO A POINrI': THENCE SOUTH 83024'30'' WEST I85.00 FEET TO THE POINT OF BEGINNING. MAY 08, 2000 4:37 PM RS PA E 17 5 3 · '~ ,~ ~ ORDERNO. 1188915-20-Z ~'-.~:~ CITY OF SAN DIEGO/TPL FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY SIREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 January 25, 2001 FIRST AMERiCAN TITLE INSURANCE COMPANY 345 CALIFORNIA STREET #2400 SAN FRANCISCO, CA 94104 ATTENTION: MELANIE ANGERMAN YOUR KEF. SP302938 OUR ORDER NO. 1188915-20- Z BUYER: THE TRUST FOR PUBLIC LAND - CITY OF SAN DIEGO IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POL1CY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE iNSURANCE DESCRIBING THE LAND AND THE ESTATE OR iNTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBP,-ANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXItlBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED I2]h'DER THE TER3/IS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE 1NSLr!LANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JANUARY 16, 2001 AT 7:30 A.M. o'~gcz ozaz ~,aomg 231-~,0s FA~X NO. 231-4629 PAGE ORDER NO. 1188915-20-Z CITY OF S.~N DIEGO/TPL THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNERS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: N & S MATERIALS, INC., A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED ONE-THIRD (1/3) INTEREST, AS TO PARCEL K AND H.G. FENTON MATERIAL COMPANY, A CORPORATION, AS TO THE REMAINDER THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN 1S DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, A LIEN NOT YET PAYABLE. 2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2000-2001, A LIEN NOT YET DELINQUENT. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN HOLLISTER STREET AS DISCLOSED BY MAP ON FILE IN THE OFFICE OF THE COUNTY ASSESSOR OF SAN DIEGO COUNTY. AFFECTS PARCEL C. PAGE2 2 ORDER NO. 1188915-20-Z CITY OF SAN DIEGO/TPL 5. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE OTAY RAILWAY COMPANY, RECORDED OCTOBER 8, 1888 IN BOOK 139 PAGE 3 OF DEEDS. THE ROUTE OR LOCATION CANNOI BE DETERMINED FROM SAID INSTRUMENT. AFFECTS PARCEL C. 6. A RECITAL AS CONTAINED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 8, 1934 IN BOOK 288 IN PAGE 301 OF OFFICIAL RECORDS, AS FOLLOWS: AND THE SAID GRANTOR, DO HEREBY WAIVE ALL CLAIM FOR ANY AND ALL DAMAGES OR COMPENSATION FOR AND ON ACCOUNT OF THE LOCATION, ESTABLISHMENT ANT) CONSTRUCTION OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL I. 7. A RECITAL AS SHOWN ON DEED RECORDED JUNE 8, 1934 IN BOOK 291, PAGE 478 OF DEEDS: AND THE SAID GP,.AN~OR, DO HEREBY WAIVE ALL CLAIM FOR ANY AND ALL DAMAGES OR COMPENSATION FOR AND ON ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY; AND DO HEREBY GRANT TO THE STATE OF CALWORNIA ALL TREES, GROWTHS (GROWliNG OR THAT MAY HEREAFTER GROW) AND ROAD BUILDING MATERIALS, WITHIN SAID RIGHT OF WAY, TOGETHER WITH THE RIGHT TO USE THE SAME IN SUCH MANNER AND AT SUCH LOCATIONS AS SAID GRAN I'LE MAY DEED, PROPER, NEEDFUL OR NECESSARY ON THE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. .AFFECTS PARCEL G. 8. AN EASEMENT FOR THE EXCLUSIVE AND PERPETUAL RIGHT TO DIG, DREDGE AND CARRY AWAY ALL COMMERCIALLY USABLE SAND AND GRAVEL AND INCIDENTAL PURPOSES IN FAVOR OF WESTERN SALT COMPANY, A CALIFORNIA CORPORATION, RECORDED JANUARY 2, 1940 IN BOOK 981, PAGE 217 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL C. 9. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 1950, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRI~3ED PROPERTY. PAGE3 t~,. 5 ~ 3 .~;~ ~ ORDER NO. 1188915-20-Z ~ CITY OF SAN DIEGO/TPL AFFECTS PARCELS B ANT) C. 10. AN EASEMENT FOR EITHER OR BOTH POLE LINES, ~ERGRO~D CONDUITS A~ ~C~E~ PU~OSES TOGETHER WITH THE ~GHT OF ING~SS AN~ EG~SS IN FAVOR OF SAN DIEGO GAS AND ELECT~C COMPA~ BY ~STR~ENT RECO~ED MAY 16, 1951 ~ BOOK 4100, PAGE 479 OF OFFICIAL RECO~S. THE ROUTE OF S~ EASEMENT 1S SET OUT ~ SMD DOCUMENT ~ ~FECTS A PORTION OF THE ~ DESC~ED PROPERS. ~FE~NCE IS ~E TO S~D ~S~ENT FOR F~THER P~TIC~S. ~FECTS P~CEL C. I1. AN EASEMENT AND RIGHT OF WAY FOR P~LIC ROAD PU~OSES OVER A~ ACROSS RO~ SURVEY NO. I358 ACCO~ING TO M~ ON FILE ~ THE OFFICE OF THE CO~ S~VEYOR A~ AS G~NTED TO THE CO~TY OF SAN DIEGO BY DEED ~CO~ED ~L 28, 1952 IN BOOK 4448, PAGE 67 OF OFFICIAL ~CO~S. SMD ~S~ENT ~SO G~NTS THE P~LEGE ~ D~AGE S~UC~S ~ EXCAVA~ON ~ E~~ SLOPES BEYO~ ~ L~ITS OF SMD ~GHT OF WAY W~ ~Q~D FOR THE CONS~UC~ON ~ M~EN~CE THE~OF. ~FE~NCE IS M~E TO S~ ~S~ENW FOR F~ER P~TIC~S. ~FECTS P~CEL C. 12. AN EASEMENT FOR RO~ PU~OSES ~ ~CIDE~AL PU~OSES ~ FAVOR OF CALIFO~ WATER ~ TELEPHO~ CO~, A CO,OPTION, ~CO~ED ~E 24, 1952 ~ BOOK 4505, PAGE 234 OF OFFICI~ ~CO~S. ~E RO~ OF S~ EASE~NT IS SET OUT ~ S~ DOC~E~ ~ ~FECTS A PORTION OF T~ ~ DESC~ED PROPERS. .~FECTS P~CEL C. 13. ~ EASE~NT FOR WATER ~ OR MA~S FAVOR OF C~O~ WATER ~ TELEPHO~ COMPS, ~CO~ED ~Y 17, 1957 ~ BOOK 6667, PAGE 555 OF OFFICI~ ~CO~S, LOCA~D SOU~E~Y 10 FEET OF LOT 24. ~FE~N~ IS ~E TO S~ ~S~ FOR ~R P~C~S. ~FECTS P~CEL G. 14. ~ EASEME~ FOR EIDER OR BO~ POLE L~S, ~ERGRO~ CO~TS ~ ~C~E~ P~OSES TOGETHER WITH ~E ~GHT OF ~G~SS EG~SS ~ FAVOR OF S~ DIEGO GAS ~ ELEC~C COMP~ BY ~STR~ENT ~CO~ED ~CH 27, 1958 ~ BOOK 701 I, PAGE 101 OF OFFIC~ ~CO~S. PAGE 4 4 ~_~'~_~,~_<~-~,.~.; ~;¢~ ~' <-Z-'~ ORDER NO. 1188915-20-Z /~¢~' .,~_,,~ CITY OF SAN DIEGO/TPL THE ROUTE OF SAID EASEMENT IS SET OUT 1N SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL G. 15. THE FACT THAT THE OWNERSHIP OF SAiD LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY, ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED BY DEED RECORDED MAY 23, 1969 AS FILE NO. 90963 OF OFFICIAL RECORDS. AFFECTS PARCEL C. 16. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 3, 1969 AS FILE NO. 201532 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT ANT) AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL C. 17. THE TERMS, CONDITIONS AND PROVISIONS CONTAINED 1N CONDITIONAL USE PERMIT NO. 10-645-0, AS DISCLOSED BY INSTRUMENT RECORDED JULY 22, 1982 AS FILE NO. 82-225145 OF OFFICIAL RECORDS. AFFECTS PARCEL I. 18. AN EASEMENT FOR A PUBLIC SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF SAN DIEGO, A MUNICIPAL CORPORATION, RECORDED APRIL 10, 1985 AS FILE NO. 85-121722 OF OFFICIAL RECORDS. THE ROUIE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS C. 19. THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN PLANNED INDUSTRIAL DEVELOPMENT PERMIT NO. 87-0183, AS DISCLOSED BY INSTRUMENT RECORDED APRIL 23, 1987 AS FILE NO. 87-221882 OF OFFICIAL RECORDS. AFFECTS PARCELS B AND C. 20. AN UNRECORDED OPTION AS DISCLOSED BY MEMORANDUM OF OPTION RECORDED JULY 28, 19997 AS DOCUMENT NO. 1998-0357012 OF OFFICIAL RECORDS. OPTIONOR: H: G. FENTON COMPANY, A CALIFORNIA CORPORATION PAGE5 f"7 -- 5 00 5 ~ _..:.~...~?;~%.~5.~<~..~__ ORDER NO. 1188915-20-Z CITY OF S.&N DIEGO/TPL OPTIONEE: THE TRUST FOR PUBLIC LAND, A CALIFORNIA NONWROF1T PUBLIC BENEFIT CO.OPTION. A MEMO~UM OF EXTENSION OF OPTION WAS ~CO~ED AUGUST 5, 1998 AS DOCUMENW NO. 1998-0490183 OF OFFICIAL RECO~S. A MEMORANDUM OF EXTENSION OF OPTION WAS ~CO~ED ~LY 8, 1999 AS DOCUMENT NO, 1999-0474418 OF OFFICIAL ~CO~S. A MEMO~ OF EXTENSION OF OPTION WAS ~CO~ED J~Y 27, 2000 AS FILE NO, 2000-0041613 OF OFFICIAL ~CO~S. A MEMO~ OF EXTENSION OF OPTION TO M~CH 31, 2000 WAS ~CO~ED ~ 30, 2000 AS FILE NO. 2000-0348258 OF OFFICIAL ~CO~S. PAGE 6 r-" ~ ,.7./? 6 ORDER NO. 1188915-20-Z CITY OF SAN DIEGO/TPL 2000-2001 TAX INFORMATION: CODE AREA: 08035 PARCEL NO.: 627-100-13 -00 1 ST iNSTALLMENT: $231.75 PAID 2ND INSTALLMENT: $231.75 OPEN LAND VALUE: $28,697.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL B. CODE AREA: 08035 PARCEL NO.: 627-I00-I 6-00 1STINSTALLMENT: $348.85 PAID 2ND iNSTALLMENT: $348.85 OPEN LAND VALUE: $49,446.00 IMPROVEMENTS: $-0- EXEMPT: $-0- .AFFECTS PARCEL C. CODE AREA: 08048 PARCEL NO.: 629-070-15 -00 1STINSTALLMENT: $113.7I PAID 2ND INSTALLMENT: $I 13.71 OPEN LAND VALUE: $11,111.00 IMPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL I. CODE AREA: 08048 PARCEL NO.: 629-070-23-00 1ST INSTALLMENT: $241.32 PAID 2ND INSTALLMENT: $241.32 OPEN LAND VALUE: $33,513.00 INIPROVEMENTS: $-0- EXEMPT: $-0- AFFECTS PARCEL G. PAGE 7 /'?o ~ ,~ 7 CITY OF SAN DIEGO/TPL LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: INTENTIONALLY DELETED. PARCEL B: THE SOLFfH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP I8 SOUTH, RANGE 2 WEST, SAN BERNARD1NO MERIDIAN, 1N THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTiNG TIL,~T PORTION L'~TNG WESTERLY OF A LINE WHICH IS PARALLEL WITH AND 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LiNE OF THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, RECORDED MAY 28, 1952 iN BOOK 4480, PAGE 401 AS DOCUMENT NO. 65293 OF OFFICIAL RECORDS. ALSO EXCEPTING THE EASTERLY 33.00 FEET THEREOF BEING THAT PORTION WHICH LIES WITHiN NATIONAL AVENUE. AND ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE SOUTH 200.00 FEET OF THE WEST I00.00 FEET TO THE EAST 133.00 FEET OF SAID SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21. AND ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED JULY 8, 1969 AS FILE NO. 122151 OF OFFICIAL RECORDS. PARCEL C: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTE~AST QUARTER OF SAID SECTION 21; THENCE WEST ALONG THE HALF SECTION LINE, 80 RODS; THENCE SOUTH AT RIGHT ANGLES WITH SAID LI2XTE, 20 RODS; TI-I~NCE PARALLEL WIIH SAID HALF SECTION LINE, 80 RODS TO THE EAST LINE OF SAID SECTION; THENCE NORTH ALONG SAID SECTION LINE, 20 RODS TO THE POINT OF COMMENCEMENT. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA iN DEEDS RECORDED APRIL 28, 1952 iN BOOK 4448, PAGE 63 AND MAY 23, 1969 AS FILE NO. 90963, BOTH OF OFFICIAL RECORDS. PAGE 8 8 '-~- ,'~-~ - ORDER NO. 1188915-20-Z ¢,~ CITY OF SAN DIEGO/TPL PARCEL D: INTENTIONALLY DELETED. PARCEL E: INTENTIONALLY DELETED. PARCEL F- 1: INTENTIONALLY DELETED. PARCEL F-2: INTENrI'IONALLY DELETED. ,PARCEL G: BLOCK 24 OF BRLMHALL'S ADDITION TO OTAY, INN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 4, 1889, TOGETHER WITH THAT PORTION OF THE EAST HALF OF 7TH STREET ADJOINING SAiD BLOCKS 24 ON ~-IE WEST AS SAID STREET, WHICH WAS VACATED AND CLOSED TO PUBLIC USE MARCH 19, 1934 BY AN ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED COPY OF SAID ORDER BEING RECORDED IN BOOK 281, PAGE 276 OF OFFICIAL RECORDS. PARCEL H: INTENTIONALLY DELETED. PARCEL I: BLOCK 28 OF BRIMHALL'S ADDITION TO OTAY, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 598, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 4, 1889, TOGETHER WITH THAT PORTION OF THE WEST HALF OF 5TH STREET ADJOI2'41NG SAID BLOCK 28 ON TI~ EAST AS SAiD STREET WAS VACATED AND CLOSED TO PUBLIC USE MARCH 19, 1934, AN ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERIII-IED OF SAID ORDER BEING RECORDED IN BOOK 281, PAGE 276 OF OFFICIAL RECORDS. PARCEL J: INTENTIONALLY DELETED. PARCEL K: INTENTIONALLY DELETED. DECEMBER 14, 1999 4:37 PM RS PAGE 9 F?. ~20'Q- 9 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT DEED FOR REAL PROPERTY FROM THE CITY OF SAN DIEGO FOR THE PURPOSES OF THE PLANNED OTAY VALLEY REGIONAL PARK WHEREAS, the City of San Diego acting on behalf of the City of Chula Vista and the County of San Diego to process the acquisition of land for the Otay Valley Regional Park; and, WHEREAS, the City of San Diego is acquiring a total of twelve pamels, equaling 88.39 acres, through State funding; and, WHEREAS, a total of eight parcels (61.34 acres) acquired by the City of San Diego are located within the City of Chula Vista; and, WHEREAS, the City of San Diego requests that said real property be transferred to the City of Chula Vista for purposes of the planned Otay Valley Regional Park, thus removing property tax liabilities; and, WHEREAS, the acceptance of said parcels of land by the City of Chula Vista is consistent with prior agreements between the three jurisdictions planning the Otay Valley Regional Park; and, THEREFORE, BE 1T RESOLVED, by the City Council of the City of Chula Vista, that the City Manager is hereby authorized to execute, for and on behalf of the City of Chula Vista a Grant Deed, a copy of which is on file in the Office of the City Clerk accepting eight parcels of land totaling 61.34 acres from the City of San Diego. Presented by Approved as to form by Robert A. Leiter John l~I~heny Director of Plamfing & Building City Attorney I [:\home\at tomcy~reso\Proper ty Transfer OVP COUNCIL AGENDA STATEMENT Item Meeting Date 03/06/01 ITEM TITLE: Resolution Amending the FY2000-01 budget for the Library Department to a) upgrade an existing .87 Temporary Expert Professional position to a full-time 1.0 FTE Family and Af~erschool Literacy Supervisor and b) appropriate $8,100 in unanticipated revenue from a Qualcomm Grant to pay for the position for the remainder of the fiscal year and fund start-up costs for a n~e~ erschool literacy program SUBMITTED BY: Deputy City Manager Palmer' ~{ ) ~ REVIEWED BY: City Manager~ ¢~ (4/Sths Vote: ~x No The Educational Services Division of the Library has been providing the very successful Adult Literacy program and Families for Literacy program for the past 13 years and 9 years, respectively. In addition, this Division has coordinated the award-winning DASH (Dynamic After School Hours) program at fourteen elementary schools and STRETCH (Safe Time for Recreation, Enrichment & Tutoring for Children) in eight Title I schools for the past two years. The Division is embarking on a new program this spring aimed at improving literacy among schoolchildren, in response to numerous ongoing requests from parents in the community to provide literacy tutoring for their children. This program will be based on the successful STRETCH model and curricuhan, which is designed to promote academic achievement. In order to fully implement this program, the Library recommends upgrading an existing .87 Temporary Expert Professional position to a full-time 1.0 FTE Family and Afterschool Literacy Supervisor. RECOMMENDATION: That the City Council adopt the resolution amending the FY2000-01 budget for the Library Department to a) upgrade an existing .87 Temporary Expert Professional position to a full-time 1.0 FTE Family and Afterschool Literacy Supervisor and b) appropriate $8,100 in unanticipated revenue from a Qualcomm Grant to pay for the position for the remainder of the fiscal year and fund start-up costs for a new afterschool literacy program. BOARDS/COMMISSION: The Library Board of Trustees considered this item at its February 21, 2001 meeting and voted to endorse this program. DISCUSSION: The Educational Services division is building upon its success with afterschool programs and literacy, to meet needs that are continuing to be expressed by the community. On a weekly basis, the Chula Vista Literacy Center, as well as all branch libraries, receives requests from parents seeking to improve their children's reading skills. Staffhas responded to these requests for help by proposing a new afterschool literacy program, modeled after the STRETCH program. This new program, entitled "LEAP" - Library Educational Afterschool Program, is aimed at helping children in grades 3-6 who are having trouble with reading in school. One key difference from STRETCH is that this proposed program will be offered to children attending any public or private elementary school within the City of Chula Vista limits and will be offered in the Literacy Center at the South Chula Vista Library, rather than at selected schools. LEAP's goal is Page 2, Item __ Meeting Date 03/06/01 to "help children read independently and with increased understanding." Volunteer tutors will mad with the children and work on English sight vocabulary, phonics, writing, and comprehension, in groups of two to four. The tutoring will take place on Monday and Thursday evenings in two sessions, from 5:00 to 5:45 pm for younger children and from 6:00 to 6:45 pm for older children. Staff proposes to start with a ten-week pilot program beginning April 2, with the goal of recruiting 10 tutors to work with a maximum of four children each. A child's eligibility will be determined through a short assessment by staff two weeks prior to the start of classes. Staffplans to offer the program again in the fall of 2001, and do post-testing of children completing each session. In order to successfully carry out and maintain this program, the Department proposes to hire a full-time Family and Afterschool Literacy Supervisor, paid at the same rate as the supervisors for the STRETCH and DASH programs. This employee will be responsible for coordinating, developing, and implementing this program as well as the current Families for Literacy (FFL) program, in addition to mentoring volunteer tutors for the Adult Literacy program. A .87 Temporary Expert Professional (TEP) employee is currently coordinating the Families for Literacy program and the above-mentioned work for the Adult Literacy program, funded through State grants Families for Literacy (FFL) Grant and California State Library Association (CSLA) matching grant. This TEP currently spends approximately 60-65 percent of her time on the FFL program and 20 percent of her time on the core Adult Literacy program. With the augmentation in State funds received this year, ~ the Literacy Program has been able to increase her hours to allow her to spend roughly 10-15 percent of her time on the start-up of the new LEAP program. It is proposed that this existing part-time position be upgraded to a full-time, benefited Family and Afierschool Literacy Supervisor position, in order to have one staff member carry out these ongoing duties. It is anticipated that the full-time position will devote the same percent of time on the two existing programs, and 20 percent on the new LEAP program. FISCAL IMPACT: The additional cost for this upgrade, with benefits, and ongoing program expenses will be $21,750 and $2,350 respectively, or approximately $24,100 per year? Staff will be seeking additional grants and donations to cover approximately one-half of this General Fund cost, or $12,000. The additional cost for the position for the remainder of this fiscal year is $3,800, which will be funded by a $10,000 grant from Qualcomm. In addition, another $4,300 of this grant will be used to purchase one-time items for the program, including $3,000 for books for the children, $700 for tutor materials, and $600 for two rolling book trucks to store all of the program materials. Ongoing annual costs will be $2,350 for advertising, masters and printing for student journals and tutor books, "Step Into Reading Series" books, and supplies. Listed below is a comparison of the costs and revenue sources for the TEP position and the proposed Family and Afterschool Literacy Supervisor position, for the remainder of the fiscal year and for next fiscal year. LEAP program costs that are one-time and ongoing are also shown. i For the current fiscal year only, the Department received an augmentation of $8,000 in Prop 10 funds for the Families for Literacy program, which allowed us to increase the TEP hours from .87FTE to .97 FTE. 2 The cost for FY2000-01 is only $22,199, since there will be $1,900 remaining from the $I0,000 Qualcomm grant to offset expenses. Page 3, Item __ Meeting Date 03/06/01' 3/23/01' through 6/30/01 Existing: Proposed: Temporary Expert Professional Family and Afterschool Literacy Supervisor @ $15/hour -40 hours/week Starting @ $18.43/hour (A-Step) for 40 hours/week Personnel Cost: $9,330 Personnel Cost: $13,130 One-time Program Costs: $4,300 Total Cost: $17,430 Offsetting Revenue from Offsetting Revenue from FFL Grant, Prop 10, CLSA: $9,330 FFL Grant, Prop 10, CLSA: $9,330 Offsetting Revenue from Qualcomm Grant: $8,100 Total Revenue: $17,430 Net General Fund Impact: $0 $0 FY2001-02 Existing: Proposed: Temporary Expert Professional Family and Afterschool Literacy Supervisor ~ $15/hour -35 hours/week Starting @ $18.43/hour (A-Step) for 50 weeks Personnel Cost: $28,744 Personnel Cost: $50,493 Ongoing Program Costs: $2,350 Total Cost: $52,843 Offsetting Revenue from Offsetting Revenue from FFL Grant, Prop 10, CLSA: $28,744 FFL Grant, Prop 10, CLSA: $28,744 Offsetting Revenue from Qualcomm Grant: $1,900 Total Revenue: $30,644 Net General Fund Impact: $0 $22,199'* *Estimated start date for new position ** Staff will be seeking new grants and donations to offset as much of this cost as possible. The goal is to generate revenue to cover approximately one-half of this cost; therefore, the targeted General Fund net cost is $12,000. The future net General Fund impact is $24,100 since the $1,900 in offsetting revenue shown above are funds remaining from the Qualcomm grant. File: C:LMY DOCUMENTS\LIBRARY~LEAP AGENDA STATEMENT RESOLUTION NO. RESOLUTION OF THE ~ITY COUNCIL OF THE CITY OF CKgLA VISTA AMENDING THE FY2000-01 BUDGET FOR THE LIBP~ARY DEPARTMENT TO A) UPGRADE AN EXISTING .87 TEMPORARY EXPERT PROFESSIONAL POSITION TO A FULL-TIME 1.0 FTE FAMILY AND AFTERSC~OOL LITERACY SUPERVISOR AiqD B) APPROPRIATE $8,100 IN IINANTICIPATED REVHNLr~ FROM A QUALCOMM GRANT TO PAY FOR THE POSITION FOR THE REMAINDER OF THE FISCAL YEAR ~ FUND START-UP COSTS FOR A NEW AFTERSCHOOL LITERACY PROGRAM WHEREAS, the Educational Services Division of the Library has been providing the Adult Literacy Program and Families for Literacy program for the past 13 years and 9 years, respectively; and WHEREAS, in addition, this Division has coordinated the award- winning DASH (Dynamic After School Hours) program at fourteen elementary schools and STRETCH (Safe Time for Recreation, Enrichment & Tutoring for Children in eight Title I schools for the past two years; and WHEREAS, the Division is embarking on a new program this spring aimed at improving literacy among schoolchildren, in response to numerous ongoing requests from parents in the community to provide literacy tutoring for their children, this program will be based on the successful STRETCH model and curriculum designed to promote academic achievement; and WHEREAS, in order to fully implement this program, the Library recommends upgrading an existing .87 Temporary Expert Professional position to a full-time 1.0 FTE Family and Afterschool Literacy Supervisor. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY2000-01 budget for the Library Department to upgrade an existing .87 Temporary Expert Professional position to a full-time 1.0 FTE Family and Afterschool Literacy Supervisor. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $8,100 in unanticipated revenue from a Qualcomm Grant to pay for the position for the remainder of the fiscal year and fund start-up costs for a new afterschool literacy program. Presented by Approved as to form by David Palmer John M. Kaheny4 Deputy City Manager City Attorney [H:\HO ME~TTORN EY~RESO/LEAP (February 28, 2001 (9 49AM)J Item ~ Meeting Date 03/06/01 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution amending the FY 00/01 budget by appropriating the following to the Library Department budget: a) unanticipated Even Start grant augmentation funds in the amount of $7,796 for the Even Start Family Literacy grant, b) unanticipated grant augmentation funds in the amount of $1,500 for the California Department of Education grant, and c) donations in the amount of $500 for the Chula Vista Literacy program SUBMITTED BY: Deputy City Manager Palme~ REVIEWED BY: City Manage c]'~ (4/5ths Vote: YES X NO ) The Chula Vista Literacy Team of the Library has been advised that additional grant fimds and a donation have been received for the Even Start and Family Literacy programs. RECOMMENDATION: That the City Council adopt the resolution amending the FY 00/01 budget by appropriating the following to the Library Department budget: a) unanticipated Even Start grant augmentation funds in the amount of $7,796 for the Even Start Family Literacy grant, b) unanticipated grant augmentation funds in the amount of $1,500 for the California Department of Education grant, and c) donations in the amount of $500 for the Chula Vista Literacy program. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The California Department of Education recently advised the Chula Vista Public Library that the City's Even Start grant in the amount of $223,522 has been augmented by $7,796 specifically for the purpose of providing project staff with professional development activities (ATTACHMENT 'A'). Under the provisions of the grant, the Library serves as the fiscal agent, while the Chula Vista Elementary School District is the primary agency providing Even Start family literacy services. As a result, the Library will pass the funds through to the District to pay for the training programs indicated in the professional development plan prepared by their Even Start staff and approved by the State. The Department of Education also advised the Library that the City's WIA231 literacy grant in the amount of $3,500 has been augmented by $l,500 (ATTACHMENT 'B'). These funds will be used to augment the hours of the Family Literacy program's support staff person which were reduced due to lower than expected grant funds received from the Families for Literacy (FFL) grant and the California State Library Association (CSLA) matching grant. Finally, $500 in donations were received from the Friends of the Chula Vista Library to fund the cost of a Family Phonics instructor for the Family Literacy program. FISCAL IMPACT: An additional $7,796 will be appropriated to the current year Even Start grant budget, to pass on to the Elementary School District. As stated in the original grant award letter, all Even Start grant funds must be spent or encumbered by August 31~ 2001. An additional $1,500 will be appropriated to the California Department of Education grant budget. Finally, the $500 donation will be appropriated to the Literacy Team's General Fund budget. SOUTH 8~/1~/'2081 l=. ~9 4281591 ATTACHMENT A February 7, 2001 Carolyn $choll Chula Vista Public Libretti,fLit. Team 389 Orange Avenue C~ula Vista. CA 91910 RE: PROFESSIONAL DEVELOPMENT Dear Ms. $choll: The California Depart~nent of]Education. ]Even Start Family Literacy Program is a~nending yom ]Even S~art C-~nt Award for 2000-2001 in the amount of $?.796.00 for professional development activities. These lauds are a one lime only opportuuity and are based on the professional development plan ~nbm ttted by your office in November 2000. Professional development is a vital component to the successful impleme.ta6on of lhe fotlr ]Eve~ Start compo~ents. We believe that ]Eve. Slart staff need to participate in quality staff development to deliver the sk~illf~l instruction tha~ is needed. The Ca/iforlda Department of Edtlcatiox~ Even St~'t Family Literacy program is requiring that E' tn Sta~[ personnel ~o be trained in the Desired Results and Parents as Teachers a.ssessme,~t processes. ~ds are bein~ allocated for.'. Desiced Resuhs-$1.935.00 NCFL- $4.540.00 ECE classes-$1,066.00 Ready tbr Reading-S255.00 A lelfer acktiowledging the "Ameud/nenf' will be sent to you, w~thin the next few weeks. Paym+nt of funds will he tnade available in February. All conditions and assurances previously indicated in the Gr~mt Award letter are applicable. ~ If you have any que~ion~ please call Gloria Guzmfin-Walker. Consultant, at (916) 657-3034. 1 Thank you for your support. Andrew b Andreoli~ Administrator Policy & Program Coordination Office/Even S~art Program cc: Meg Schofield~ ]Ecl. Srvcs Mm~ager GRANT AWARD ATTACHMENT B AO-400 (9/98) CDC GRANT NO. FY PCA VENDOR NO. SUEMX Return to: 00-01 Sea below Mill9 Callforn~a Deourtment of Education Education Support Systems Division CNTY mco~rE ACCT SACS CODES Adult Education Office n~oume ~ Revenue Obiec! 660 J Street, Suite 400 37 See baiow Ses below[ 8290 Sacramento, CA 95814 Grantee Attention Telephone No. Cbula Vista Public i,ibrary David Palmer (619) 585-5757 Address City State ] Zip 389 Oran9e Avsnue Ghula Vista GAI 91911-41t 6 AWARD INFORMATION CDC USE ONLY Original/Prior Amendment Total State Index 0410 Amendments No. Grant Amount $5,000 $ 0.00 $5,000 Project W/P See t~low Starting: Ending: Federal Award Dates 3u~y 1, 2000 June 30, 2001 Catalog No. 84.002A ADUI,T EDUCATION AND FAMILY I,~TERACY ACT, Pi. 108-220, SECTION 2311225 GRANT PGA Non SACS Resource Proi W/P Benchmarks Amount State Corrac'dons 13971 8160 3090 00003800 lEA $0 225 CO Jail Program 13972 9160 3090 00003800 lEA $0 P1 -P3 ABE 13973 8290 3910 00003900 3 $477 P1 -P3 ESL 13973 8290 3910 00003900 0 $0 P1 -P3 ESL-Citizenship 13974 8290 3910 00003900 0 $0 P4 Family Literacy 13977 8290 3912 0~)04000 1 $159 P5 ASE 13978 8290 3913 00004100 0 $0 Special Augment 13973 8290 3910 00003900 lEA $4,364 (for agencies under $5,000 minimum Totals: 4 $5,000 funding level) -- Special Conditions on reverse CERTIFICATION OF ACCEPTANCE OF GRANT CONDITIONS AND GENERAL ASSURANCES On behalf of the grantee named above, I accept this grant award. I have read the conditions contained in this grant notification letter, and I agree to comply with all requirements as a condition of grant funding. Printed Name of Authorized Agent Title Telephone No, ( ) Signature Date Printed name of CDC Deputy Superintendent Telephone No. Henry Der I (916) 657-2642 Signature ~ Date ~ 1/19101 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 00/01 BUDGET BY APPROPRIATING THE FOLLOWING TO THE LIBRARY DEPARTMENT BUDGET: A) UNA/qTICIPATED EVEN START GRAiqT AUGMENTATION FUNDS IN THE AMOUNT OF $7,796 FOR THE EVEN START FAMILY LITERACY GRANT, B) UNANTICIPATED GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $1,500 FOR THE CALIFORNIA DEPARTMENT OF EDUCATION GRANT, AND C) DONATIONS IN THE AMOUNT $500 FOR THE CHULA VISTA LITERACY PROGRAM WHEREAS, the California Department of Education recently advised the Chula Vista Public Library that the City's Even Start grant in the amount of $223,522 has been augmented by $7,796 specifically for the purpose of providing project staff with professional development activities; and WHEREAS, the Department of Education also advised the Library that the City's WIA231 literacy grant in the amount of $3,500 has been augmented by $1,500 for augmenting the hours of the Family Literacy program's support staff person which were reduced due to lower than expected grant funds received from the Families for Literacy grant and the California State Library Association (CSLA) matching grant; and WHEREAS, $500 in donation were received from the Friends of the Chula Vista Library to fund the cost of a Family Phonics instructor for the Family Literacy program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 00/01 budget by appropriating the following to the Library Department budget: a) unanticipated Even Start grant augmentation funds in the amount of $7,796 for the Even Start Family Literacy grant, b) unanticipated grant augmentation funds in the amount of $1,500 for the California Department of Education grant, and c) donations n the amount of $500 for the Chula Vista Literacy program. Presented by Approved as to form by David Palmer John M. Kaheny 0 Deputy city Manager City Attorney [H:/HO MEL~TTORNEY~RESO\ evenstari (February 22, 2001 (9: 6am)] COUNCIL AGENDA STATEMENT Item //~ Meeting Date 13.'A/nRI01 ITEM TITLE: Resolution: Approving a purchase agreement with Exp@Nets for maintenance of the City's NEC NEAX 2400 telephone switch for a period of (1) year, with an option to renew the agreement for seven (7) additional one (1) year option periods. SUBMITTED BY: Director of Management & Information Service~?/// REVIEWED BY: City Manager ~ 4/5ths Vote: Yes__ No X ) ¥ On July 12, 1985 the City of Chula Vista installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing outgoing calls to the least expensive path before completing the call. The switch also provides "station-to-station" calling which is the feature that allows all calls from one City phone to another to be handled entirely in the switch thereby eliminating any Pac Bell charges at all for those calls. The maintenance contract for the City's telephone switch expired in early February and we are currently utilizing a month-to-month arrangement for service. RECOMMENDATION: That Council adopt the resolution approving a purchase agreement with Exp@Nets for maintenance of the City's NEC NEAX 2400 telephone switch for a period of (1) year, with an option to renew the agreement for seven (7) additional one (1) year option periods. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: On July 12, 1985 the City of Chula Vista installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing outgoing calls to the least expensive path before completing the call. The switch also provides "station-to-station" calling which is the feature that allows all calls from one City phone to another to be handled entirely in the switch thereby eliminating any Pac Bell charges at all for those calls. In addition to substantial cost saving to the City, the telephone switch provides City departments with features that were not available through the utility company or would have needed to be purchased at a substantial cost to the City. These features include call forwarding, conference calling, speed dialing, call back, and others. During the past 2 years, City staff has expanded the use and coverage of the phone switch. With the purchase of several "Adtran" routers we have provided direct access Page 2, Item Meeting Date to the phone switch and voice mail to the remote recreation canters. In addition, we have connected the Eastlake facility and the Nature Center to the phone switch. We have also purchased a "supplemental" switch that is being used to support the increased number of staff at the existing Corporation Yard. In the next several years we will need to increase the capacity of the current phone switch located at City Hall as well as purchase, install and maintain two additional "supplemental" phone switches. These will be located at the new Corporation Yard and the new Police Facility when construction is complete. The telephone system contains a variety of electrical components that must be maintained at peak operating efficiency so that the system can function properly. In- house personnel for several reasons cannot do maintenanca for the City's telephone switch. Costly and extensive training is required due to the very technical nature of the telephone components. When the telephone switch is not functioning properly it must be repaired quickly. Many times repairing the switch requires defective parts to be replacad. Keeping an inventory of these parts would be cost prohibitive. For the past six years the City has contracted with Exp@Nets to provide the maintenance. For the twelve-month Period ending January 1, 2001, the cost of this basic maintenance was $29,183. In addition, due to the City's expansion we have contracted with the current vendor to provide services over and above standard maintenance. Examples of these servicas include items such as adds/moves/changes. On January 4, 2001, staff sent bid request packages to five (5) authorized service providers of NEC. telephone equipment and advertised in the City's official newspaper of record, The Star News. Bids were opened on February 1, 2001 and three (3) bids were received. No Chula Vista bidders responded because there are no local authorized servica providers that could meet the specifications. The proposals were evaluated by the following: Louie Vignapiano Director of Management & Information Services John Coggins Purchasing Agent Rick Nelson Operations & Telecommunications Manager The proposals were evaluated based on the following criteria: · Qualifications · Size of company and ability to fulfill the needs of the City of Chula Vista · Availability and cost of various services listed · Experienca and past performance · Business Standing · References Page 3, Item Meeting Date The bid called for several different items to be responded to by the vendors including base price of maintenance services, hardware costs for standard parts, labor rate for installation and an estimated time to install those parts. All of these factors were weighed in the evaluation process since the City will require not only basic maintenance but other services to be used in relation to other projects such as the expansion to the new Corporation Yard, the New Police Facility and others. In addition, the bid called for an initial one-year period with an option to renew for up to seven additional one-year extensions. The total cost estimates based upon historical data of extra work performed by the maintenance vendor and staffs best estimates of labor needed to support some of the major projects were used in the comparisons. In addition to the overall cost of the project over the next several years, staff looked at the size of the company and estimated the company's ability to quickly meet our needs. By far, the company with the most resources in the San Diego region to support our operation is Exp@Nets. Company # Employees # in San Diego Net Worth ATEL 25 25 $5 Million Exp@Nets 4000 75 $1.5 Billion NEC 950 25 $20 Billion While the vendors structured their proposals differently, the overall cost for the 8-year period is similar. While ATEL had a lower initial cost for basic maintenance, Exp@Nets had lower costs for parts and the overall labor to install them. The following table represents the overall 8-year estimated cost to the city. The table assumes a 3% yearly increase in the base cost and the parts & labor estimate is using just historical data for the scope of services requested which would be over and above the initial cost of maintenance. Staff anticipates that the actual amount of work required would be far greater due to the magnitude of the projects anticipated during the next several years. Company Base Cost Parts & Labor Overall Cost (8 years) (Yearly) (Yearly est.) (Estimated) ATEL $27,255 $27,030 $458,612 Exp@Nets $32,142 $21,687 $459,321 NEC $29,767 $36,563 $557,212 During the 20 years that the City has operated the NEC telephone switch, we have worked with all three of these vendors contractually at one time or another. NEC and Exp@Nets have contractually maintained the telephone switch in the past, and ATEL has contractually maintained our voice processing system for a period of two years. We used this experience in conjunction with other references provided by the vendors when evaluating past performance. Exp@Nets has consistently met or exceeded Page 4, Item Meeting Date ~__ service level expectations. Company Years Providing Service ATEL (voice processing only) 1993-1995 Exp@Nets 1995-2001 NEC 1990-1995 While each of the vendors can perform the basic functions needed by the City, staff recommends that this contract be awarded to Exp@Nets. Based upon staff's estimates of the amount of work needed to be done over and above the basic maintenance, the estimated difference in overall cost to the City between Exp@Nets and the apparent Iow bidder, ATEL, is negligible. In addition, Exp@Nets has a greater support staff in the greater San Diego area to support the City's needs and our past experience with them has been favorable. Staff feels that the slight difference in cost will be worth the increase in service provided. This maintenance contract specifies that Exp@Nets will arrive at the City within 2 hours of being notified that an emergency repair of the City's phone switch is needed. In addition, the company will respond within 24 hours for any repair work which is determined by the City to be necessary but of a non-emergency nature. The agreement also calls for a cap on rate increases of 5%. Any price increases would be effective at the renewal period and would not be automatic. The vendor would need to substantiate the need for a rate increase. The contract with Exp@Nets is on the City's standard bid specifications/purchase order form, a copy of which shall be kept on file with the City Clerk. I:=i_~l Basic maintenance for the City's telephone switch is budgeted in the Management & Information Services Department (06000). Sufficient funds for the base cost have been included in the FY 2000-01 budget. Costs over and above the maintenance contract are generally budget as part of the project requiring the work. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PURCHASE AGREEMENT WITH EXP@NETS FOR MAINTENANCE OF THE CITY'S NEC NEAX 2400 TELEPHONE SWITCH FOR A PERIOD OF (1) YEAR, WITH AN OPTION TO RENEW THE AGREEMENT FOR SEVEN (7) ADDITIONAL ONE YEAR (1) YEAR OPTION PERIODS WHEREAS, on July 12, 1985, the City of Chula Vista installed the NEC NEAX 2400 telephone switch which provides cost savings to the City by automatically routing outgoing calls to the least expensive path before completing the call; and WHEREAS, the switch also provides ~station-to-station" calling which is the feature that allows all calls from one City phone to another to be handled entirely in the switch thereby eliminating any Fac Bell charges at all for those calls; and WHEREAS, the maintenance contract for the City's telephone switch expired in early February and the City is currently utilizing a month-to-month arrangement for service; and WHEREAS, for the past six years the City has contracted with Exp@Nets to provide maintenance; and WHEREAS, on January 4, 2001, staff sent bid request packages to five authorized service providers of NEC telephone equipment; and WHEREAS, on February 1, 2001, three bids were received and were evaluated by the Director of Management & Information Services, the Purchasing Agent and the Computer Operations Manager; and WHEREAS, after evaluating the proposals based on the following criteria: qualifications; size of company and ability to fulfill the needs of the City; availability and cost of various services listed; experience and past performance; business standing and references, staff recommended awarding a purchase agreement to Exp@Nets. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a purchase agreement with Exp@Nets for maintenance of the City's NEC NEAX 2400 telephone switch for a period of one (1) year, with an option to renew the agreement for seven (7) additional one (1) year option periods; the agreement shall be on the terms presented in the form of the City's standard bid specifications/purchase order form. Presented by ~proved as to form by Louie Vignapiano, Director Jo~n ~ Kahe~ of Management & Info Services CiV~ y A~orney [H:\HOME~ORNE~RES~NS~ Phone (Feb~a~ 27, 2001 (3:13pm)] ~/ COUNCIL AGENDA STATEMENT Item // Meeting Oate~ ITEM TITLE: Resolution: Waiving the formal bidding process and approving a sole-source purchase agreement with Data General Corporation to upgrade the existing AV6600 minicomputer. SUBMITTED BY: Director of Management & Information Servic REVIEWED BY: City Manager~,~?'~ 4/5ths Vote: Yes__ No X ) In FY 1998-99 Council approved project GG152 for the purchase and installation of an automated fiscal system. This system included the IFAS software as well as hardware from Data General Corporation. Staff has successfully implemented the IFAS software and has also converted all of the software programs that were run from the Unisys mainframe to run on the Data General as well. Due to the amount of programs now running on the existing Data General, an upgraded computer processor is needed. Sufficient savings are available in the original project to fund this additional cost. RECOMMENDATION: That Council adopt the resolution waiving the formal bidding process and approving a sole-source purchase agreement with Data General Corporation to upgrade the existing minicomputer. BOARDSICOMMISSlONS RECOMMENDATION: Not applicable DISCUSSION: In FY 1998-99 Council approved project GG152 for the purchase and installation of a fiscal system. This system included the IFAS software as well as hardware from Data General Corporation. Staff has successfully implemented the IFAS software and has also converted all of the software programs that were run from the Unisys mainframe to run on the Data General as well. Due to the amount of programs now running on the existing Data General, an upgrade to the computer processor is needed. The current Data General processor used to operate the main production system has been working well since its installation and it still operating well. However, the system was intended to operate all of the IFAS financial systems only. Staff has gained huge software and operation efficiencies by also running other applications such as Parking Citations, Dog Licenses, Project Accounting and more. In addition, the entire building permits system has also been converted to run on the Data General. Page 2, Item Meeting Date While the existing system could operate in its current configuration for a while longer (and be replaced from the Technology Replacement Fund), staff feels that by upgrading the processor now, replacement of the system will not be needed for at least 5 years. In addition, the upgrade will allow for growth of the IFAS system, the building permit system and allow us to add other systems in the near future. Since we are upgrading proprietary hardware made by Data General, we must purchase the upgrade from Data General. Fi.~.~l Im.n~f The cost of this upgrade is $115,901 and will be funded from the remaining balance appropriated in project GG152. The savings in the project have resulted primarily from using less consulting and temporary help during implementation than anticipated, and not having to utilize most of the funds budgeted for contingencies. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A SOLE-SOURCE PURCHASE AGREEMENT WITH DATA GENERAL CORPORATION TO UPGP~ADE THE EXISTING AV6600 MINICOMPUTER WHEREAS, in FY 1998-99 Council approved Project GG152 for the purchase and installation of an automated fiscal system which included the IFAS software as well as hardware from Data General Corporation; and WHEREAS, staff has successfully implemented the IFAS software and has also converted all of the software programs that were run from the Unisys mainframe to run on the Data General as well; and WHEREAS, due to the amount of programs now running on the existing Data General, an upgraded computer processor is needed; and WHEREAS, sufficient savings are available in the original project to fund the additional cost of $115,901; and WHEREAS, since we are upgrading proprietary hardware made by Data General, the City must purchase the upgrade from Data General. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council does hereby waive the formal bidding process and approve a sole-source purchase agreement with Data General Corporation to upgrade the existing AV6600 minicomputer. BE IT FURTHER RESOLVED that the Purchasing Agent of the City of Chula Vista is hereby authorized and directed to execute a sole-source purchase agreement with Data General. Presented by Approved as to form by Louie Vignapiano, Director J~yM. Kaheny of Management & Info Services~,~y Attorney H:\Home\Attorney~Reso\Data General COUNCIL AGENDA STATEMENT Item ! ~ Meeting Date: March 6, 2001 ITEM TITLE: Resolution Ratifying City Staff's action on the Change Orders associated with the construction of the Public Works Operations Facility and Corporation Yard listed on Attachment B and authorizing Staff to process up to an additional $250,000, for a cumulative amount of $500,~00, in change orders SUBMITTED BY: Director of Public Works///~ REVIEWED BY: City Manager~-~ ~V~~(4/5ths Vote: Yes No X ) On September 26, October 20, October 17, OctOla~r 24 and November 14, 2000 the City Council approved the award of multiple contracts for the construction of the Corporation Yard Project. Highland Partnership, Inc., the City's Construction Manager, along with City Staff, have been overseeing the construction work. On September 26, 2000, the City Council amended Policy #574-01 authorizing the City Manager to approve all change orders pertaining to this job with a single change order value not exceeding $50,000 and a cumulative value of up to $250,000. That policy also permits the City Manager to exceed the limits in cases where public safety or the chance of a contractor's claim would cost the city extra funds. Approval of tonight's resolution will ratify Staffs recent actions on the change orders (listed on Attachment B) associated with the construction of the Corporation Yard project and valued at $275,524.00. Tonight's action will also authorize staff to process up to an additional $250,000 in change orders in accordance with the policy outlined above. RECOMMENDATION: That Council: 1) Ratify City Staff's action on the change orders associated with the construction of the Public Works Operations Facility and Corporation Yard, and 2) Authorize staff to process up to an additional $250,000, for a cumulative amount of $500,000, in change orders. BOARDS/COMMISSIONS APPROVAL: Not applicable DISCUSSION: Although it has been stated previously, the Corporation Yard project is a medium size, but complex, construction project. The project team includes City Staff from Engineering (project management), Planning and Building (material and structures inspection), the Construction Manager (Highland Corporation), Fire (fire inspection) and 34 contractors performing 51 specialty trades including, but not limited to, structural steel, structural concrete, masonry, grading, mechanical and electrical work, under-grounding utilities work, glazing, paving, installation of special facilities, landscaping, etc. The project itself involves the remodel and expansion of three existing facilities consisting of 53,700 square feet of existing space and 104,075 square feet of new construction within the remodels. In addition, the project includes the construction of a new 55,745 square feet, 21 bay central garage to maintain the City's rolling stock and the Transit fleet, a CNG fueling facility, a recycling center, vehicle wash and a major landscaping effort. The project's budget is approximately three times larger than the annual CIP infrastructure budget. Page 2, Item __ Meeting Date: 3/6/2001 The critical path of the project is partly s~tbject to the weather conditions. Typically for each rain day, the project loses 2-3 days of outside activity while the ground dries out. This affects the timely delivery of services/construction by the contractom and trades, the coordination of masonry, steel and concrete deliveries and more. Attached are pictures for the Council's review to give you a sense of the activity at the site to date. The following is a brief status report on the progress of the Corporation Yard Project: All underground construction work has been completed. In addition, the grading operations were concluded along with the demolition work inside and outside the existing building. The building pads have been certified for building construction. All foundation, masonry and slab work related to the proposed expansion of the Administration Building have been completed. All interior steel framing associated with the newly designed offices has been completed. The specialty trade contractors have placed orders on required equipment and material. All masonry work associated with the expansion of the Shops Building has been completed. All work associated with the construction of the retaining foundation and walls behind the Maintenance Building have been completed. The Regional Water Quality Control Board has approved the Storm Water Pollution Prevention Plan (SWPPP) and all its requirements/recommendations have been implemented. Security and reconnaissance cameras have been installed and linked to the City's Web site (www.ci.chula-vista.ca.us/corpyard) where information can be viewed and downloaded. All work related to the sub-surface of the Wash Building (for example: soils compaction, concrete and plttmbing) has been completed. Approved Change Orders On September 26, 2000, the City Council amended Council Policy //574-01 (Please see Attachment D) authorizing the City Manager to approve change orders pertaining to this job with a single change order value not exceeding $50,000 and a cumulative value of up to $250,000. In addition, Council Policy on change orders (#574-01 - Please see Attachment D) authorized the City Manager & Director of Public Works to approve change orders exceeding $50,000 or beyond the $250,000 if delay of the approval would cause a delay in the "Critical Path" schedule o f the project. Page 3, Item __ Meeting Date: 3/6/2001 On December 14, 2000 City Staff forwarded to City Council an Informational Item listing the first set of change orders totaling $114~359.00, that were approved up to that date, (Please see Attachment C). Since then City Staff has approved the second set of twenty-three change orders as listed on Attachment A. The total value of the twenty-three change orders is $161,165.00. The cumulative value of all change orders approved to date is $275,524.00. (Please see Attachment B). The rate of change orders to date is greater than anticipated by Staff. If the rate and magnitude of change orders continue along the current pace, it is possible that the originally anticipated budget for contingencies will be exceeded. The qualification of the change orders approved to date falls under these categories: 1. Required trade items not identified during original bid process ($98,228) During the bid process, City and Highland Staffs were unable to fully identify all the specific bid packages covered by the plans and specifications. This is mainly due to the enormous size of the project and the complex nature of the work. These items would have cost the City approximately the same amount of money had they been included during the bidding phase. 2. Code compliance and other Agency Requirements identified during the construction phase ($58,434) This category covers the costs of compliance with Code and other Agency Requirements that surfaced during the construction phase. 3. Items covering the costs of Payment & Performance Bonds that were not included in the Original Bid Amount originally presented to Council ($16,860) The original Specialty Contract Amount provided to Council did not reflect the Payment and Performance Bond amount. This category covers the costs of these bonds. 4. Unanticipated Field Conditions ($41,172) During the course of construction a number of building and infrastructure field conditions were discovered but not originally identified thoroughly on the plans. Such incidents are normally encountered during the construction of a project when having to work around existing conditions. 5. Design Clarifications ($52,472) The change orders covered under this category were needed as a result of inadequate plan coordination between the many consultants responsible for preparing the different sections of these plans. The set of plans and specifications are extremely complex and it is staff's understanding that change orders of this nature, when kept to a minimum are standard industry practice. Page 4, Item __ Meeting Date: 3/6/2001 6. Value Engineering during Construction Phase ($8,358) During the course of construction the project management team is constantly looking for ways to improve upon the construction details outlined in the plans and specifications. As a result any money spent under this category is solely for the enhancement of this project. Value engineering can cover time, money and quality of the end product. Highland and City Staff believe that even with this rate of change orders, the project will be completed within the previously appropriated amounts. In addition, even with the proposed and anticipated change orders, staff anticipates a substantial savings, in excess of $10 million, over the cost of constructing a new facility. Pending Change Orders The City Manager and the Director of Public Works will soon need to approve two (2) change orders that exceed $50,000 each. Currently, City and Highland Staffs are investigating and finalizing these two change orders. Staffwill forward a Resolution to the City Council to ratify action on these two pending change orders as soon as actual cost and scope of work are established. The two proposed change orders are described as follows: 1. Roofing Work in the amount of approximately $215,000.00 City Staff commissioned a Roofing Survey of the Existing Administration Building, Shops & Central Receiving Buildings. Results of the Roofing Survey determined that the existing Built Up Roofing System had at most 2-3 years remaining life expectancy. Based on this information, the decision was made to upgrade the specification for the new roofing and re-roof existing areas with an energy-efficient, fifteen year, Cool Roof System, for an additional cost of approximately $35,000. The City has used this manufacturer on other City owned buildings with a high degree of success. Based on data provided by the manufacturer, the potential benefit can reasonably be expected in the range of 10% energy savings. Approximately $180,000 of the proposed Change Order's cost is for the purpose of replacing the existing roofs over the administration building, shops and central receiving buildings. 2. Grading Work in the amount of approximately $ t 45,000.00 The soils engineer, AMEC, conducted a more detailed exploration and analysis of the site during the construction phase. As a result of their findings, AMEC required that more extensive measures be undertaken throughout the site. The proposed change order is partially a result of such measures. Also, the grading contractor encountered some difficulties during the grading work related primarily to the stability of the hillside and the presence of poor soils conditions. As a result, approximately 35,000 tons of expansive soil was required to be exported to the neighboring landfill site and more suitable soil material imported from other sites. Staff is currently negotiating with the landfill regarding the cost of this export and will report back in the near future. Pro.ieet Schedule As indicated above, the grading contractor encountered some difficulties during the grading work that was mainly related to the stability of the hillside and the presence of poor soil Page 5, Item __ Meeting Date: 3/6/2001 conditions. As a result, additional soil needed to be excavated and exported to the neighboring landfill site and suitable soil material imported from other sites. Since the Maintenance Building will be situated immediately next to the hillside on which the stability issues were presented, completion of the grading work along the hillside was essential prior to the building's construction. Construction of the Maintenance Building follows the project schedule's "Critical Path". The delays experienced due to the soils conditions described above have impacted the overall work schedule. Currently, the project has experienced approximately 74 days of delay, only a portion of which is attributable to the soils issues. The delays were specifically due to the following items: 1. Additional Geotechnical Investigations - Responding to City concerns regarding the potential instability of the existing slope at the Vehicle Maintenance Building and the potential differential settlement at the future addition to the Administration Building. 2. Unforeseen Expansive Soils Existing soils are unsuitable for reuse onsite and require major export offsite and import onsite of new suitable material for structural backfill at retaining walls and grading at the building pads. 3. Inclement Weather - Rain and mud conditions stopping or slowing work. 4. Extended Competitive Bid Timeframe. Through Highland and City Staff efforts, it is believed that there will only be a 45-day delay in completion of the project. Additional efforts are underway to develop a revised work plan to decrease the impact of these delays even further. Staff will be bringing forward an amendment to Highland's Construction Management/Constructor Agreement for Council consideration to address this issue. FISCAL IMPACT: Per enclosed Attachment A, the total value of the twenty three change orders approved since the first change order report is $161,165.00. The cumulative total value of all change orders approved to date is $275,524.00 (please see Attachment B). Attachments: A Summary of Second Set of Change Orders B Summary of All Change Orders to Date C Informational Item dated December 14, 2000 covering the First Set of Change Orders D Council Policy #574-01 Photos of Corporation Yard Site File: 0735-10-GG131 H:\SHARED~ENGINEER\CORPYARDCO2A113B.SMN.doc ATTACHMENT A Summary of Second Set of Change Orders This packet includes twenty-three (23) Requests for Change Orders to (10) separate Specialty Contractors detailed in this report. 1. C & S Doctor Amount provided to Council for this contract did not reflect Payment & Performance Bond. r Add' $14,040.00 2. Soltec Amount provided to Council for this contract did not reflect Payment & Performance Bond. Add: $2,820.00 3. Sherwood Mechanical Sherwood's Contract included an item for the export of Surplus soil generated by their scope of work. Although Sherwood had been contracted to remove this soil, when it was tested, it was found to be of higher quality than soils found at other locations on the project. Sherwood had made prior arrangements to sell their soil. As such, this soil was purchased from Sherwood at a net cost savings to the City. During the course of construction, the Contractor stockpiled surplus soil for use by Grading Specialty Contractor to replace unsuitable soils previously excavated and exported. Add: $13,801.00 4. Saturn Electric As of this date, the permanent San Diego Gas & Electric Power Plan has not been finalized. Temporary construction power is required for work in progress on outbuildings. Saturn Electric was directed to provide Temporary Electrical Power to the Maintenance, Wash & Central Receiving Buildings using recently installed Underground Electrical Conduit, existing panels in Central Receiving and the existing transformer. This option is more cost effective than running Temp Power on Poles to these locations. Add: $5,873.00 ATTACHMENT A 5. Benchmark Landscape The original Grading Plan did not interpret the necessity for implementation of a full Storm Water Pollution Prevention Plan (SWPPP). When the entire Grading Scope was reviewed, Staff decided to apply a more conservative interpretation to include "Clear and Grub" as an element constituting Grading. With this revised interpretation, the project Civil Engineer was directed to develop a SWPPP for full and immediate implementation. As outlined in the SWPPP, the Landscaping Specialty Contractor was directed to apply Bonded Fiber Matrix (BFM) slurry to approximately 370,000 square feet of the slope areas to mitigate potential erosion. By utilizing this method of slope stabilization, the Landscaping scope can proceed immediately and augment those efforts while meeting the requirements of the SWPPP. Add: $33,670.00 6. Pacific Coast Steel During excavation of the Administration Building pad fronting Maxwell Road a discrepancy with grading plan was discovered at the Eastern wall footing. The Grading Plan indicates that approximately 8' feet of the wall will be below the Finished Floor Grade. Due to the slope found at this location, the Field Condition indicated that actually, 14' of wall would be below grade. To avoid having to over-excavate the entire length of the wall footing to the 14' level, the decision was made to request a step footing design from the Structural Engineer. Based on the revised footing detail provided by the Structural Engineer, there was a significant cost savings in selection of this method of Field Condition mitigation, as opposed to excavating the entire east wall footing to the 14' subgrade level. Add: $4,246.00 7. Pacific Coast Steel Due to various Field Conditions encountered in excavation of the Wash Building footings, corrections, additions and changes were required. Following the Request For Information process, these Changes were indicated on Structural Plan Revisions. Add: $4,949.00 8. Soltec During Construction of the Western addition to the Admin. Building, completion of the pad was held up due to lack of Sleeve Detail requested by the City's Building Inspector. Re- inspection, the following day was late which required overtime for concrete finishers. This slab pour was necessary to continue Masonry Operations with out interruption. Add: $918.00 ATTACHMENT A 9. Soltec In order to reduce the time and complex coordination required in construction of the specified Cast In Place Trench Drains found at the Maintenance and Fuel Buildings, Highland Partnership recommended use of Precast, Presloped Trench Drains. This Value Engineering recommendation was further researched and subsequently approved by the Architect. This Change will reduce construction time for forming and installation of these Trench Drains by at least 3 - 5 days off Critical Path. Credits will be due from Mark Harris Plumbing and C & S Doctor (Misc. Metals). Add: $12,500.00 10. Mission Valley Cabinets This Change is for Stainless Steel countertop cladding on plywood bases at various locations that was not included in the original bid for casework. Add: $26,961.00 11. Saddleback Waterproofing This Change was required as a result of Clarification to the Plans. The original Plans do not specify waterproofing on the interior of Fire Test Tank. Discussion with the Architect determined that special application waterproofing was required. Add: $5,989.00 12. Mark Harris Plumbing As a direct result of Value Engineering efforts, Cast In Place Trench Drains were changed to Precast, Presloped Trench Drains at the Maintenance and Fuel Buildings. This deductive Change Order (Credit) is for the trenching, plumbing, grating and backfill portion of the original design. Deduct: $12,375.00 13. Mark Harris Plumbing Original Plans did not indicate location or specify type of Floor Drains in the Equipment Room of the Wash Building. As a result of the Request For Information process, the Mechanical Engineer clarified the Plans to specify installation of (2) 3" Floor Drains. Add: $2,505.00 ATTACHMENT A 14. Mark Harris Plumbing This Change was necessary to provide temporary waste & water hook-up for the City's Construction Trailer. Add: $1,070.00 '15. Mark Harris Plumbing Existing 3' Waterline under new Wash Bldg. Pad was severed during Over-Excavation. Capped at the time of the break. After excavation & footings, waterline was rerouted and reinstalled per code. Extra work as plans did not show necessity of rerouting this waterline. Add: $2,500.00 16. Demko Drywall Added Demolition of HVAC Ductwork and Haul away not shown on plans. Added cleanup for SWPPP. Add: $1,122.00 '17. C & S Doctor, Inc. Value Engineering Change - Trench Drains from PIP to Pre-cast, PreFormed, Pre-sloped. Credit as no edge metal wilt be required in the new specified product. Deduct: $'1,822.00 '18. Pacific Coast Steel, Inc. Footing had to be stepped to allow plumbing transition to connection without breaching footing. Add: $434.00 19. Sherwood Mechanical Per Field Conditions and per direction of Civil Engineer, move Type F Inlet North of Central Receiving Bldg. North of the proposed wall 1 ft. +/~ to miss the wall footing (Rf, Sheet 3). Add: $906.00 ATTACHMENT A 20. Sherwood Mechanical Conflict between Architectural, Structural & Civil Drawings regarding type of covers to be used at the Fire Test Pit openings. Per RFI #190 Specification was provided. Add: $1,979.00 21. Sherwood Mechanical Added A-4 Cleanout, Various Slurry. Per RFI # 156, add A-4 Cleanout in Shops area as outlined by Civil due to existing conditions. Per RFI # 156, Raise elevation to existing A-4, slurry, backfill & racompact. Per RFI #156, abandon existing 24" Storm Drain, fill with slurry, backfill & compact. Add: $10,055.00 22. Sherwood Mechanical Per City of Chula Vista Fire Marshall, add lateral for Fire Hydrant @ SW Corner of New Shops. Reuse abandoned Fire Hydrant from deleted location. RFI # 292 applies. This change required a new connection at the existing Fire Service. Add: $24,764.00 23. Sherwood Mechanical Prior to commencement of Clear and Grub of sloped ama in proximity to northern property entrance, inlet midway up slope was discovered to be partially covered with silt. Subsequent investigation revealed that the 18" Storm Drain from this inlet to a point approximately 100 feet to the South East, leading back through the property was obstructed. Intention is to establish an intercept point down stream, hydroclean the blockage, and collect the debris at the intercept point. All appropriate measures will be in effect to prevent any material from entering the public Storm Drain System. Add: $4,260.00 Total amount for above listed change orders: $'16t,'165.00. H:\SHARED\ENGINEER\Design\CO Recap Attachment A for Info Item 2_22_01.doc ATTACHMENT B Subcontract Change Order Summary, Grouped by Status Chula Vista Corp Yard Project # 092 Highland Partnership, Inc 1800 Maxwell Road Tel: 619-397-0367 Fax: 619-397-0389 Chula Vista, CA 91910 001 09201000-02 11/29/00 Demo Shops Canopy GARDNER 11/29/00 11/29/00 0 18.975 001 09201050-02 11/27/00 Restake Slope - Maint Bldg ACCULINE 11/2f/00 0 2,z~0 001 09202110-01 11/16/00 Hard Demolition - Wall Sawcutting CEMENT 0 42,248 CUT 001 09202110-02 1/16/01 Demo of Specified HVAC Ductwork DEMKO 0 1,122 001 09202211-01 11/29/00 Temp Access Road - Slope Goo FJWILLERT 10/25/00 0 1.263 001 09205120-01 12/5/00 Payment & Perforrnance Bond For c&SDQc 12/5/00 0 14,040 structural steel, Aluminum Storefront & Glazing 003 09205120-01 1/23/01 Delete PIP Trench Drain Angle C&S DOC 0 (1,822) Steel 001 09206100-0t 11/6/00 Structural Eng change GLBs to HELix CON 12/11/00 0 4,237 Paralam 001 9201050-02 11/6/00 Additional Geotechnical AGRA 10/26/00 10/26/00 0 20,490 Investigation 001 9202520-01 12/5/00 Payment & Performance Bond sOLP'A~ 12/5/00 0 2,820 001 9202660-01 12/7/00 Excess Spoils Transfer For Fill SHERWoO 11/28/00 12/5/00 0 13.801 D 002 9202660-01 1/18/01 Relocate Type F Box SHERWOO 0 906 D 004 9202660-01 1/26/01 Fire Test Pit Manhole Covers SHERW00 0 1,979 D 005 9202660-01 t/26/01 Added A-4 Cleanout, Various Slurry SHERWOO 0 10,055 D 006 9202660-01 2/7/01 Added Fire Hydrant Lateral @ New SHERWOO 0 24~764 Shops D 007 9202660-01 2/7/01 Clean Existing Storm Drain SHERwoo 0 4,260 D 001 9202685-01 11/27/00 Credit for Excess Trench Spoils SATURN 1/26/01 0 (2,040) 002 9202685-01 12/27/00 Temp Power - Maint, Wash & SATURN 12/27/00 12/27/00 0 5,873 Central Stores 001 9202900-01 1/3/01 Erosion Control - Bonded Fiber BENCHMA 1/3/01 1/31/01 0 33,670 Matrix RK 001 9203200~01 1/3/01 Added Rebar @ Admin A Stepped PCS 2/5/01 0 4.246 Footing 002 9203200-01 1/3/01 Structural Plan Revisions - Rebar PCS 2/5/01 0 4,949 003 9203200~01 1/16/01 Step E~ars @ Wash Bidg Plumbing PCS 0 434 001 9203300-01 12/18/00 Struc Concrete @ Admin B SOLPAC 12/15/00 12/15/00 0 918 Ovedime 002 92033OO-0t 12/27100 Change CIP 1o Precast Trench SOLPAC 12/27/00 0 12,500 Drain 001 9204150-01 11/6/00 cMU Changes @ Admin Bidg FABER 11/6/00 0 21,446 001 9206402-01 1/4/01 Stainless Steel Cladding & MVC 0 26,961 Casework 001 9207100-01 12/27/00 Waterproofing @ Interior of Test SADDLEBA 12/14/00 0 5,989 Tank CK 001 9210000-01 10/31/00 Change Phenolic to Republic Quiet DGA 0 (75,597) Prolog Manager Printed on: 2/26/01 chula vista Page 1 t':¢,-.II ATTACHMENT B Subcontract Change Order Summary. Grouped Dy Status 001 9214451-01 11/17/00 Lift#1 Gate Change MCKINLEY 11/17/00 0 576 Plumbing 002 9215400-01 12/26/00 Design Change to Precast Tench MHP 1/25/01 0 (12,375) Drains 004 9215400-01 1/3/0t Added Floor Drains -Wash Bldg MHP 1t25/01 0 2.505 005 9215400-01 1/3/0t Temp Waste & Water Hookup City MHP 1/25/01 0 1,070 Total APProved for status: ApPrOved pending 002 092022 :01 1/291Ol Grading Changes Associated With FJWILLERT 0 150,053 Revised Soils 001 09207500-01 12/19/00 Cool Roof @ Existing Admin. ShopsROEJACK 0 216,305 & Central Receiving 001 09208110-01 2/16/01 Door Security Hardware Changes BRADY CO 0 31.282 002 9201050 02 2/7/01 Supplimental Geotechnica~ AGRA 0 25,295 Authorization 004 9202685-01 2/t 6/01 SDG&E Temporary Power SATURN 0 6,696 002 9204150-01 2/16/01 Admin Bldg Grout @ E Wall FABER 0 450 003 9204150-01 2/16/01 HC Modification to Door Openings FABER 0 127 ~ Admin 002 9206402-01 t/I6/01 Casework Plan Changes - Admin & MVC 0 6.470 Maint Rejected 003 9202660-01 1/26/01 Hot & Chilled Water System SHERWOO 0 43,333 Changes D 003 9215400 01 12/27/00 Shop 81dg "B" Added Fixtures - MHP 12/27/00 0 1,535 Plumbing Revise & Resubmit 002 09205120-01 1/4/01 Operable Partition @ Admin C&S, DOC 0 14.000 003 9202685 01 1/3/01 Additional Site Lighting SATURN 0 17.470 Tot al Approved for Stat us: Re~iS~ & R~ bmi{ 3~470 * Per Attachment C, Daryl Griffis Acoustics deduct of $75,597 will not be accounted for under the change ordei' cumulative limit of $250,000.00 approved by City Council on September 26, 2000. Therefore, the cumulative value of all change orders approved to date is $275,524.00. Prolog Manager Printed on: 2/26/01 chula vista Page 2 ATTACHMENT C INFORMATIONAL ITEM December 14, 2000 File: 0735-10-GG131 TO: The Honorable Mayor and City Council VIA: David D. Rowtands, Jr., City Manager FROM: John P. Lippitt, Director of Public Works SUBJECT: CHULAVISTA CORPORATION YARD The following is a brief status report on the progress of the Corporation Yard Project and the change orders approved to date. On September 26, October 10, October 17, October 24 and November 14, 2000 the City Council approved the award of multiple contracts on the construction of the Corporation Yard Project. Highland Partnership, Inc. the City's Construction Manager along with City Staff have been overseeing the first phase of the construction work. The following is a brief description of the work that has been completed to date: All underground construction work has been completed in addition the grading operations were concluded this week along with all the demolition work inside and outside the existing building. The building pads have also been certified for building construction. All foundation work related to the proposed expansion to the Administration Building has been completed. All interior steel framing associated with the newly designed offices has been completed. All critical path equipment and material has been ordered by the specialty trade contractors. ATTACHMENT C Page 2 December 14, 2000 The grading contractor encountered some difficulties during the grading work which was mainly related to the stability of the hillside and the presence of poor soil conditions. As a result, we needed to export all of the excavated material to the neighboring landfill sight (20,000 cubic yards) and we needed to import suitable soil material from other sights. Because the Maintenance Building will be situated immediately next to the hillside, completion of the grading work along the hillside is essential prior to its construction. Since the construction of the Maintenance Building follows the project schedule's critical path the delays that were experienced due to the soil conditions described above have the potential of impacting the overall schedule of work. Highland and City Staff's are developing a work plan which includes ways of making up the total number of current delay days which is estimated to be 29 calendar days. On September 26, 2000 the City Council amended Policy #574-01 authorizing the City Manager to approve all change orders pertaining to this job with a single change order value not exceeding $50,000.00 and a cumulative value of up to $250,000.00. Enclosed please find a summary of all the change orders approved to date. The total value of the eleven change orders approved to date is $114,359.00. H:\SHARED\ENGINEER\Design\CorpYardlnfoltemSMN.doc ATTACHMENT C ATTACHMENT B Summary Of Ail Change Orders To Date Highland Partnership, Inc. has submitted for processing, eleven (11) Requests for Change Orders to (11) separate Specialty Contractors to date. The following is an outline of all the current Subcontractor change orders. The preponderance of these change orders is directly related to the necessity of additional Geotechnical investigation and the resultant findings of the Geotechnical Engineer. In this category the following Change Orders were processed: Geotechnical Evaluation (AGRA): City staff reported that the slope behind the Maintenance Building was unstable and would require additional investigation by the Geotechnical Engineer. This entailed drilling large diameter borings to investigate the conditions below the surface of the questionable area and retrieve soil samples to be analyzed in a laboratory to determine if the field conditions required additional engineering. Add: $20,490 F.J. Willert Inc.: The grading contractor was asked to build a temporary road up the side of the slope for the drilling rig to use during his investigative drilling operation. Add: $~1,263.00 Acculine Surveying Company: It was determined by the Amec Geotechnical Inc. that the slope would have to be cut at a different ratio with additional bench cuts and drainage channels. This required the surveying company to calculate new grades and re-stake the slope. Add: $2,480.00 ATTACHMENT C Saturn Electric Inc. Saturn Electric scope of work is to provide all electrical conduits on site up to all of the buildings. This requires them to trench many utility trenches and back fill with clean sand, removing the excess soils. This excess soil was determined to be suitable for back filling behind the maintenance building. We requested that they do not export this soil and to previde us with a credit for this part of their operation. Deduct: $2,040.00 There were two Change Orders requested for additional scope of work not initially covered under contracts for Demolition. These items were: Gardner Contracting Inc. The metal canopy was to be removed from the West End of the existing warehouse however was not clearly defined on the plans and scope of work. Four demo contractors provided a bid for this work and the lowest bid by Gardner Contracting, Inc.was accepted. Add: $18,975.00 Cement Cutting Inc. The scope of work was unclear as to who was required to remove some sections of block walls for additional doors and windows. It was determined that neither of the two demo contractors previded this scope of work in their contrects. This new scope was added to their existing contracts. Add: $42,248.00 The remaining Requests for Change Orders are as a result of clarification to plans by the Structural Engineer, Architect and/or the Construction Committee. Helix Construction Inc. The plans indicated using Glue Lam Beams however after review of the submittal specification the Structural Engineer requested that they change to Paralam Beams. This incurred additional cost to the contractor. Add: $4,237.00 ATTACHMENT C Faber Masonry Two conditions occurred concerning the masonry block. Due to the height of the new administration building, the building Codes require us to increase the size of the block from 12 inches thick to 16 inches thick. This incurred additional costs to the contractor. Add: $11,016.00 The plans indicated that the existing block on the administration building was a standard with block. However during demolition it was determined to be a custom size block and would need to be specially manufactured to meet our current field conditions. This also resulted in additional costs to the contractor. Add: $10,430.00 (Total: $21,446.00) McKinley Equipment Building conditions dictated that an extra lift gate would have to be installed for safety reasons. Add: $576.00 Mark Harris Plumbing Inc. There are three parts to this change order. Water Heater # 5 needed a floor sink to accept the pressure and relief discharge required by local building codes. Add: $1,294.00 Relocating the existing roof drain to a more suitable area and out of the way of · traffic. Add: $t,555.00 Relocate existing plumbing for waste/vent and water supply for a sink due to the inability of moving the proposed wall that turned out to be structural and could not be moved as per plans. Add: $1,835.00 (Total: $4,684.00) ATTACHMENT C Daryl Griffis Acoustics Highland and City staff were able to reduce the value of the lockers contract by $75,597 by changing the type of material the lockers are made of from phenolic to metal which achieves the same durability. These savings will not be accounted for under the change order cumulative limit of $250,000 approved by the City Council on September 26, 2000. Deduct: $75,597.00 H:\SHAR ED\ENGINEE R\Design\COattachmentB.doc ATTACHMENT D ~ OF ~ VISTA S~: GHANGE ORDERS - DIRECTOR OF PUBLIC POLIC~ EFFECTIVE woP.~ NUMBER DATti PAGE 574-01 06-03-86 1 OF 2 ADOPT~.I~ BY: Resolution No. 12507 I DA'I',~_~: 06-03-86 BACY. C~OI.~D During the course of work on many City project~, it becomes apparent that certain changes must be tu~de in the contract to obtain the finished product in its desired form. Since tuost of these changes are of a minor nature which do not change the scope of the project or affect the public health, safety or welfare, delegating limited authority to approve change orders would result in significantly expediting these projects. poucv The Director of Public Works is hereby delegated limited authority to approve change orders for work being done under City contracts, as follows: 1. All change orders shall be processed in accordance with the applicable project specifications. 2.' bio single change order shall increase or decrease the original contract amount by more than $1,000.00: $ S,000 - Director of Public Works Approval $10,000 - City Manager Approval 3. Change orders approved by either the Director of Public Works or the Gity Manager shall be reported to the City Council by informational memo at the next regular Council meeting. 4. The aggregate of all change orders, including those for differences between estimated and actual quantities shall not increase the con~rart amount by more than the percentage amount specified below: Original Maximum Aggregate Gontract Range Percentage Increase Up to $100,000 10% $100,000 to $1,000,000 5% More than $1,000,000 2% ATTACHMENT D COUNCIL POLICY CITY OF ~ VISTA S~: CHANGE ORDERS - DIRECTOR OF PUBLIC POLIC'~ woRics NUMBER DATE PAGE 574-01 06-03-86 2 OF 2 ADOPTI:~ BY: Resolution No. 12507 I DATED: 06-03-86 5. All change orders involving changes in the scope of project, increases of contract amounts greater than outlined above, increases in time allowed, for completion, or aspects concerning the public health, safety, or welfare, shall be submitted to the City Council for consideration. 6. In those eases where the City Manager and Director of public Work~ determine that the public health and safety are involved or a substantial claim could be submitted by the contractor for delays, the City Manager may exceed the above amounts provided for both in~[ividual change orders or the aggregate amount of change order. The change order shall be submitted to the Council at the next regular Council meeting for ratification. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON THE CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPEPJtTIONS FACILITY AiqD CORPORATION YARD LISTED ON ATTACHMENT B, AND AUTHORIZING STAFF TO PROCESS UP TO AN ADDITIONAL $250,000, FOR A CUMULATIVE AMOUNT OF $500,000, IN CHANGE ORDERS WHEREAS, on September 26, October 20, October 17, October 24 and November 14, 2000 the City Council approved the award of multiple contracts for the construction of the Corporation Yard Project; and WHEREAS, Highland Partnership, Inc., the City's Construction Manager, along with City staff have been overseeing the construction work; and WHEREAS, on September 26, 2000, the City Council amended Policy #574-01 authorizing the City Manager to approve all change orders pertaining to this job with a single change order value not exceeding $50,000 and a cumulative value of up to $250,000; and WHEREAS, this resolution will ratify staff's recent actions on the change orders associated with the construction of the Corporation Yard project listed on Attachment B; and WHEREAS, staff is seeking authorization to process up to an additional $250,000 for change orders in accordance with policy outlined above, for a cumulative amount of $500,000. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby ratify City staff's action on the change orders associated with the construction of the Public Works Operations Facility and Corporation Yard listed on Attachment B, attached hereto and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED that staff is hereby authorized to process up to an additional $250,000 for change order approval in accordance with the policy outlined above. Presented by Approved as to form by Director of Public Works ~t~y ~ COUNCIL AGENDA STATEMENT ITEM /,~ MEETING DATE 3/6101 ITEM TITLE: Resolution approving an amendment to the Memorandum of Understanding (MOU) with the International Association of Firefighters (Local 2180) ext.ending the M©U for two years and providing additional compensation and benefits and amending the FY01 budget appropriating $168,500 from the unappropriated balance of the General Fund. SUBMITTED BY: City Manage~/~(~ (4/5tbs Vote: Yes X No ) The current International Association of Firefighters (IAFF) Memorandum of Understanding (MOU) expires on June 30, 2003. The IAFF and City reopened the MOU to discuss compensation and retirement benefits. The City's willingness to reopen the MOU was market driven, as the salaries of IAFF- represented classifications were currently just above the County average with no raises scheduled over the remaining two and a half years of the current five-year MOU. Adopting the recommended amendments to the MOU should place IAFF wages in the top three in the County, comparable to the recently adopted MOU of the Police Officers Association. The proposed amendments to the MOU were ratified by an overwhelming majority of the IAFF membership at well-attended general membership meetings held on February 26 and 27, 2001. These amendments extend the term of the MOU by two years, increase wages to retain a competitive pay structure with other municipal fire agencies in the county, and provide significant retirement enhancements in 2002. RECOMMENDATION: That Council adopt the Resolution approving an amendment to the MOU with the IAFF and amending the FY01 budget accordingly, BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Summary of Proposed Contract Compared to Current Contract The current MOU expires June 30, 2003. This resolution would extend the MOU two years, for a June 30, 2005 expiration. There are three distinct components of the proposed MOU amendment: 1) Market-driven wage increases scheduled for January 2001 and wage increases each subsequent January to make IAFF's compensation comparable with other agencies and other City employees; 2) Enhancements in retirement benefits during the next two years 3) Changes in sick leave pay in lieu and FLSA premium pay to address unique issues associated with Fire Suppression's 24 hour shift-24 day work period. The following table summarizes the specific differences between the current MOU and the proposed MOU as amended. TABLE: MOU Extension: Description of Differences FISCAL CURRENT CONTRACT PROPOSED CONTRACT YEAR FY01 5% wages to all in Jan. 9% wages to all in Jan. Modify sick pay in lieu FLSA language change Provision of Class A uniforms FY02 0% wages 3% wages to all in Jan. EPMC PERS benefit 7/01 EPMC PERS benefit 7/01 FY03 0% wages 4% wages to all in Jan. 3%@50 PERS benefit 7/02 FY04 No contract 4% wages to all in Jan. FY05 No contract 4% wages to all in Jan. Increase spreads between firefighter & engineer to 15% & engineer & captain to 20% in Jan. FISCAL IMPACT: There is no contract for comparison for FY2003-04 and FY2004-05. If it is assumed that 3.5% increases would have been granted for both years following the expiration of the existing MOU, the proposed amendment has a cumulative incremental cost of $3.7 million. This cost will be funded by General Fund discretionary revenues; incurred by fiscal year as follows: FY01 $168,500 FY02 $353,340 FY03 $883,237 FY04 $1,079,345 FY05 $1,230,992 Based on current projections, the General Fund may not have sufficient operating revenues to fund these additional costs beyond the first year, while also maintaining current service levels in all other areas and addressing the added debt service cost for financing a new police facility, which could lead to budget recommendations for decreases in service levels or temporary decreases in reserve levels. criY OF CHULA VISTA MEMORANDUM OF UNDERSTANDING BEEN THE CITY OF CHULA VISTA AND LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL - CIO July 1,1998-June 30,20932005 AMENDMENT 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista, hereinafter referred to as "City," and the International Association of Fire Fighters, hereinafter referred to as "Local 2180," as a result of meeting and conferring in good faith concerning the wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and to the California Government Code Section 3500 et. seq. known as the Meyers-Milias-Brown Act. Local 2180 agrees to recommend ratification of this MOU to its membership. Upon Local 2180's ratification, the MOU will be jointly recommended to the City Council for Council ratification. 1.02 RECOGNITION The City recognizes Local 2180 as the certified representative for safety employees in the City of Chula Vista who are employed in the classifications of Fire Fighter, Fire Engineer and Fire Captain, hereinafter referred to as "represented employees" or "employees." 1,03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. I. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work rome toward the organizational goals of the City Government. Determine the organization, and the merits, necessity and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, lay off, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. IAFFFNLMOU (Rev. September 23, 1998 Page 2 IV. A reasonable amount of space shall continue to be provided to Local 2180 on City bulletin boards for legitimate communications with represented employees. V. The City will continue to provide biweekly payroll dues deductions as authorized by unit employees to Local 2180, and Local 2180 will pay the City 10C per member per pay pedod for the actual costs incurred for dues deduction on behalf of Local 2180. The City will remit the deductions to Local 2180 in a timely manner and will provide Local 2180 a biweekly computer print-out of its members' dues deductions. VI. The City shall provide distribution of the following official documents to the President of Local 2180: One copy each of: Agendas and Minutes of all City Council meetings, Civil Service Commission meetings, open Council Conferences, and Safety Committee meetings; the Preliminary City Operating Budget; the Final City Operating Budget; the Capital Improvement Program (CIP) Budget; and the Salary Schedule. 1.04 EMPLOYEE RIGHTS I. Employees of the City shall have the right to: A. Form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. B. Refuse to join or participate in the activities of employee organizations. C. Represent themselves individually in their employee relations with the City. II. Employee Personnel Records: A. Represented employees shall be entitled to see the contents of their personnel records. Availability of these records to the employee will be subject to the normal business hours affecting the position or office which has routine custody of these records. B. In Civil Service promotional oral boards used in establishing certification lists for Fire Engineer or Fire Captain, the City agrees not to use documents from employee jackets or other personnel records if such documents or records are more than three years old (unless they are presented by the candidate). III. Representation by Local: Represented employees required to meet with any supervisor(s) in which the purpose or part of the purpose is to discipline the employee, or to discuss the likelihood of future disciplinary action, shall IAFFFNL.MOU (Rev. September 23, 1998 Page 4 6 months In 1 6 months In ! 2 6 months In A 6 months in B 12 months in C 12 months in D Thereafter in E The classification of Fire Fighter shall be subject to a seven (7) step salary range. Step "1" shall be 10% less than "A" Step and Step "2" shall be 5% less than "A" Step. The normal hire rate shall be Step "1" provided, however, that an exceptionally well-qualified candidate may be hired within the established range based upon the recommendation of the appointing authority and approval by the City Manager. New employees with a minimum of one year of full-time paid firefighter experience or an AA/AS (or higher) degree in Fire Science shall be hired at Step A or higher. III. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall be made effective at the beginning of the regular biweekly payroll period closest to the employee's actual qualifying date. IV. Distribution of Paychecks - Paychecks shall be distributed only on regular biweekly paydays. However, in an emergency, employees may receive their check on a day other than a regular payday if a memo is directed from the Department Head to the Finance Officer justifying the request. V. Vacation Pay In Advance - All classifications represented by Local 2180 may receive in advance a maximum of two weeks earned vacation pay. Vacation pay in advance will be made on a regular payday if the employee notifies the Finance Department at least three working days prior to the payday on which payment is desired. Pay in advance is not available to employees with Direct Deposit. VI. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay will be the lowest step in the new salary range which will result in the employee receiving at least 5% more than the actual rate in the old classification. 2.02 UNIFORMS I. The City shall during the term of this memorandum provide new unit employees with the following initial issue of new OSHA approved clothing: three pairs of pants, one coverall, one brush jacket, one pair of brush pants, two pairs of boots, and turn-out gear and one Class A Uniform. IAFFFNL.MOU (Rev. September 23, 1998 Page 6 The work period (week) for non-Suppression personnel is a fixed and regular recurring period of 168 consecutive hours (7 consecutive 24-hour periods). The work week for non-Suppression personnel begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday morning. 2.05 OVERTIME I. Whenever employees are ordered, because of an emergency or in the interest of the efficiency of the department, to render overtime service as defined below, they shall be granted overtime pay at the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "regular rate," or compensatory time off at 1-1/2 times the overtime hours worked (subject to the Compensatory Time provisions in Section II below). A. Fire Suppression personnel will receive overtime pay or compensatory time off at time and 1/2 for hours worked in excess of 182 hours in a 24-day work period. Authorized paid time off (e.g. vacation, compensatory time, and sick leave) will be counted as time worked for purposes of calculating overtime, . ..................................... ,--, ........ -- ..... ~ For Fire Suppression personnel, payment for overtime eamed in a given 24-day work period will be made no later than with the pay warrant covering the biweekly pay period during which the work period ended. B. Non-Suppression personnel will receive overtime pay or compensatory time off at time and 1/2 for hours worked in excess of 40 hours in a 7-day work period. Authorized paid time off (e.g. vacation, compensatory time, and sick leave) will be counted as time worked for purposes of calculating overtime for non-Suppression personnel. For non-Suppression personnel, payment for overtime shall be made with the pay warrant covering the pay period wherein the overtime was earned. II. Compensatory Time - Compensation for overtime with compensatory time in lieu of overtime pay will be at the option of the supervisor and the department head, based on the employee's request while recognizing the overall staffing requirements of the department. Approval of such requests shall not be unreasonably withheld. A record of compensatory time earned and utilized shall be maintained on the biweekly pay records. Utilization of compensatory time will be subject to the same procedures as vacation leave requests except that requests for vacation leave will have priority over requests for compensatory leave. Employees shall be paid for any accumulated compensatory time unused as of June 30 of each fiscal year. Payment will be made during the month of July of each year, and will be computed based on the employee's base salary rate on June 15. III. Emergency Holdovers - Employees who are held over more than fifteen minutes beyond the scheduled termination of their work shift due to fire or other emergency call, shall be paid on a time and l/z basis after fifteen minutes to the nearest half hour for all such time worked. 'Time IAFFFNL.MOU (Rev. September 23, 1998 Page 8 (5) Any represented employee giving advance notice to the Shift Commander of his/her unavailability for callback duty for a specific period of time shall not lose his/her position on the callback chart. (6) Failure to respond to callback by reason of an industrial disability injury shall not affect callback eligibility, provided however the employee shall not be eligible for callback until he/she has a full release to return to regular duty. Employees shall accrue no more than 2 callback slots during a disability absence from regular duty. (7) More detailed procedures regarding the order of callback for 24-hour shifts will be provided in a departmental General Order. Changes to these detailed procedures regarding the order of callback for 24-hour shifts will be subject to meeting and conferring with Local 2160. However, Local 2180 recognizes that with the implementation of Constant Minimum Staffing, the General order concerning callback procedures must be changed so that overtime is available to all Local 2180 employees on an equitable basis. "Equitable" does not mean that every person, rank for rank, will receive the same amount of overtime, but that the method used for selection will be fair and unbiased. The Fire Chief and Local 2180 will examine systems used in other agencies to determine the best and most equitable system to be used. Recognizing that the change to Constant Minimum Staffing will result in substantially more overtime for its members, Local 2180 agrees that the Fire Chief may have to implement a callback system that balances the desires of its members with ease of administration. This would include such factors as the need to obtain members for work without numerous calls. It is expected that such a system would include a "will work" list instead of an "unavailable list." 2.06 STANDBY I. Definition - Standby duty is defined as that period of time assigned by the Battalion Chief or Fire Marshal in addition to the employee's normal work week assignment, during which said employee must remain at all times where he/she can be contacted by telephone or beeper, ready for callback to perform an essential service. II. Application in Suppression - In addition to his/her regular salary, Suppression personnel shall be compensated with an additional $16 per each full 24-hour shift assigned to standby duties. If a Suppression employee works less than a full shift of standby, he/she shall be compensated $0.66 per hour assigned to standby duties. III. Application in Non-Suppression - In addition to his/her regular salary, non-Suppression personnel shall be compensated with an additional $100 per each full week assigned to standby duties. Since the normal work week of non-Suppression personnel is 40 hours and since standby duty is defined as being in addition to an employee's normal work week assignment, a full week of standby duty would be 128 hours of standby duty. If a IAFFFNL.MOU (Rev. September 23, 1998 Page 10 Loc:! IAFFFNL.MOU (Rev. September 23, 1998 Page 12 REPLACE SECTION 2.07 with the following: 2,07 Health and Welfare I. Seoti,on 125 Cafeteria Benefits Plan (aka Flexible Benefits Pla,n)-The City will provide to each represented employee a Cafeteria Plan allotment of benefits intended to Qualify under Section 125 of the Internal Revenue Code. Annually, the Plan Document containinq the specific provisions of the Plan Will be adopted by the CiW Council. That plan document will incorporate the provisions herein. Enrollment-Newly e q b e employees (new hires or those chanqin,q from an ineliqible to eli,qible oosition} will be covered under the Cib/s Cafeteria Benefits Preeram effective their date of I~ire in that elieible Dosition. Employees Who fail to submit required benefit eleCtiOn forms Within 30 days of ther date ~ eiaibilih' will automatically be enrolled in the Emplovee Only cateOo~ of the lowest cost City so0nsored health Dian available and the balance of their Cafeteria Benefits Pian aliotment w be p aced in .the taXable CaSh option. A. For the term of this aqreement the City will provide the follOWinq base (Effective January 1, 2001) Cafeteria Plan allotments to represented employees {based on the number of their declared dependents): Employee Only $2,324 Employee Pius One $4;292 E~ioyee Plus Two or More Dependent~ $8~92 Annuailv~ thereafter, the City ~it share any increases in cost for the ~aiSer 425301 Medical Plan p~emium Or equivalent health maintenance ~r'qanizatiOn ~Hi~O). for the res~ctive co~em[3e orouD (6 ~ EmplOYee onlY; Employee plUs one etc:)0~ a 50/50 basis. IAFFFNL.MOU (Rev. September 23, 1998 Page 14 Represented employees ~11 be eliaibla to oartioioate in the two Flexible Sl~eadi~ ;Ac.,c~. ~n~, IFSA);:_o~.~d~3n~s~off?~ by the City. These aCceunts are allowed by Sections 125.105,129, and 213 of ~.e !~erna[ ~ CC~.~! ~otOveas may elect t° Set aside a ~ ~ ~eir ~!~,rv, on a Pre-tax basiSI to fund ell~ble h~It,h Care and d~bendent care expecses. If the City does not meet IRS requlati0ns, or if the IRS reRulations chanqe for any reason, this benefit may be discontinued. The maximum amounts an employee may set aside are: $2,500 for Health Care $5~000 (from alt soumes, includinq Cafeteria Plan) Deoendent Care These accounts may only be esteb!inhed durinq the Benefits Open Enrollment or within 30 days of a qualifyinq chanqe in family status as defined bv the IRS. Salary deductions will be taken 24 oav oeriods ~er year,, bi-weakly exceot for those months with three oav eeriods. where deductions will only be taken two times. Reimbursements will be made on a schedule to be determined bv the City. Rreq-~sts for reimbursement must be made on forms provided by the CiW, Any monies not used by the end of the plan year will be forfeited. Specific details of the plan are provided in the Cib/s Summary of Benefits publication available from Human Resources. The City reserves the riqht to contract with a Third Party Administrator for administratioh of both FSAs. The Cltv will pay the start-up costs associated with third party administration. ParticipatinR employees will pay any fees (monthly, per employee, or per transaction) required. III. Life Insurance-The City aqrees to contribute the amount necessarv to nrovide each emr)lovee with $10.000 in qroup term life insurance. Represented emoi0vees may OU.r.,chaSe additibnai life i~h~ th0Uah the Ci~s qroup insUrance plan. With said emplc~,/ees oa~na the additiona! COst throu~ oawoli d~ons, ~Se premium deductions will be taken on a pre-tax basis up to the maximum al~ by law. Any oremiumS ~ coveraRe in excess of that maximum will be taken on a post-tax basis. See Section 2.11 re~lardinq pay~en~f0r health and life insurance durinq an unpaid Leave of Absence of mom than one month. IV. Medical Premium Retirement Benefit Plan-The City will offer a medical premium retirement benefit Dian. under Section 457(f) of the Internal Revenue Code, to all represented employees throuqh the JPEBA. Joint Powem Employee Benefit Authority {or an equivalent plan). This pro.qram wix provide employees the oetion of makina unlimited pre-tax contributions from their waqas to pre-fund post-retirement health insurance oremium costs for themselves and their dependents. Since IRC Section 457(f} requires restrictions on the oroamm that can result in forfeiture of the contributions to the City for specified reasons, employees am advised to cerefullv review the information that will be provided on the pmqram prior to decidinq whether or when to certicioate. The City will pay the start-up costs associated with third party administration. Participatincl employees will DaY the participant costs Icurrentiv $24 Der year). If the City does not meet IRS reRulations or if the IRS requlations change for any reason, this benefit may be discontinued. IAFFFNL.MOU (Rev. September 23, 1998 Page 16 B. and Effective C. C~edit for ~nused Sick Leave (Se~0n .20965) Effective 10108/76. D. 19~9 SUrvivor Benefits- 4~ LeVeI ~959 Su~ivor (21574) EffectiVe 5/29/98. The $2.00 monthly member cost for th~ bene~ will be ~aid by the City. E. Miillaw Service cr~t as pd0r S~ice iSectiOn 20996'7 Effective 10/07t94. Effective July 1, 2001, the City will provide Employer Paid Member Contributions Converted to Payrate Dudn.q Final Compensation Period (Section 20692). Effective July 1, 2002, the City will provide the 3% at 50 Retirement Plan for Local Safety Employees (Section 21362.2) benefit. 2.085 EDUCATION INCENTIVE PAY I. Employees represented by Local 2180 shall be entitled to education incentive pay as detailed below: A. Upon verification that a represented employee has completed course work for and received an Associates degree, the employee shall receive $100 per month in education incentive pay. B. Upon verification that a represented employee has completed course work for and received a Bachelors degree, the employee shall receive $150 per month in education incentive pay. L:pO,'3,~, ,::,~,, ,u '-"" ' ',-"~-"-" ' "' -,"'," .................... J ..................... · ......... 2.09 HOLIDAYS I. Scheduled Holidays A. Employees assigned to the Fire Suppression Division will receive one hundred twenty (120) hours holiday pay at straight time ( 10 hours for each of the 12 holidays described below) each fiscal year. Holiday pay shall consist of approximately 4.60 hours per pay pedod for each employee in the bargaining unit. All holiday pay for the time period commencing the first full pay period in July 1, 1996, until the date the City Council adopts the MOU, shall be paid in one lump sum during the first full payroll period or as soon as is practical. Pro-rated adjustments will be made for employees of represented classifications entering or leaving the Fire Suppression Division of the Department. (Revised FY 1998-2003) B. Employees assigned to divisions other than Fire Suppression shall accrue 8 hours of holiday time for each of four (4) floating holidays and 10 hours of holiday time for each of eight (8) hard holidays, only if they work a 4-10 workweek (four ten-hour days). If said employees work a 5-8 work week (five eight-hour days), they shall accrue 8 hours of holiday time for each of IAFFFNL.MOU (Rev. September 23, 1998 Page 18 1. The vacation accrual rates shall be as follows: Employees assigned to Fire Suppression will accrue and be eligible to receive 112 hours annually, (cumulative to a maximum total leave balance of 224 hours) dudng the first through fourth year of service. This benefit will be accumulated at the rate of 4.30 working hours for each full biweekly pay period of service performed. Employees assigned to divisions other than Fire Suppression are eligible to receive 80 working hours annually (cumulative to a maximum total leave balance of 160 hours) accrued at the rate of 3:07 working hours for each full biweekly pay period of service performed. Employees assigned to Fire Suppression will accrue and be eligible to receive 168 hours annually, (cumulative to a maximum total leave balance of 336 hours) during the fifth through fifteenth year of service. The benefits will be accumulated at the rate of 6.44 working hours for each full biweekly pay period of service performed. Employees assigned to divisions other than Fire Suppression are eligible to receive 120 working hours annually (cumulative to a maximum total leave balance of 240 hours) accrued at the rate of 4.60 working hours for each full biweekly pay period of service performed. Employees assigned to Fire Suppression will accrue and be eligible to receive 224 hours annually, (cumulative to a maximum total leave balance of 448 hours) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 8.59 working hours for each full biweekly pay period of service performed. Employees assigned to divisions other than Fire Suppression are eligible to receive 160 working hours annually (cumulative to a maximum total leave balance of 320 hours) accrued at the rate of 6.14 working hours for each full biweekly pay period of service performed. 2. Maximum Vacation Accrual - At no time may an employee have more than two years of vacation leave accumulated (i.e. twice the number of hours accrued annually). No vacation credits shall be accrued above this limit. B. Payment upon Separation - At the time an employee is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which he/she is entitled based upon his/her active service in prior years, and in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs and computed on the basis set forth in Section (A). Payment shall be made hour for hour with any portion of an hour being considered a full hour. C. Vacation Use - Vacation balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. D. Payback - All members of represented classifications who have completed at least four years of service shall have the option of selling one week (56 hours for employees assigned to Fire Suppression and 40 hours for employees assigned to other divisions) of said vacation back to the City annually. The accumulated vacation balance will be reduced accordingly. Payment of IAFFFNL.MOU (Rev. September 23, 1998 Page 20 in very unusual cases) an employee from deferring their retirement beyond the one year of paid leave afforded by Labor Code 4850. (Added FY 97/98) B. Members of represented classifications assigned to the Fire Suppression Division will accumulate sick leave at the rate of 5.15 working hours for each biweekly pay pedod of service. C. Members of represented classifications assigned to divisions other than Fire Suppression will accumulate sick leave at the rate of 3.68 working hours for each biweekly pay pedod of service (96 hours annually). D. Previously earned sick leave balances will be adjusted if personnel are reassigned for'more than 2 consecutive pay periods to activities requiring a different duty week. A transfer from Suppression to Prevention or Training requires the reduction of the accumulated balance by 1.40 (existing balance divided by 1.40), and a transfer from Prevention or Training to Suppression requires an increase in the accumulated balance by 1.40 (existing balance multiplied by 1.40). In addition, the accrual rate will be made to conform to the new duty week effective the first pay period beginning after the day assigned, if the reassignment is for more than 2 consecutive pay periods. E. Unused sick leave may be accumulated in an unlimited amount but the City shall have no financial obligation to pay for such accumulated and unused sick leave upon termination from the City for any reason provided, however, this subsection does not abrogate the employee's right to have all unused accumulated sick leave credited to his/her service credits under PERS upon retirement or any rights provided under Section G below. In calculating the number of days of service credits under PERS, unused accumulated sick leave hours will be divided by 11.2 ~'' .... ~ ......... --*" ""'~ by 80 for ............. ~,,.,,~ ................................ ~,"C ..... C,q .... F. Sick Leave Reimbursement (1) Employee Jng n S L~ O ,,'~,C,"C ................................. ~ ...... ~ ............. ~ ..... ..... ~ .... ¢,o...,~ t,'car shall have the option of converting 25% 50% of their accumulation of unused sick leave for the fiscal year to pay. In calculating the number of hours that could be converted to pay, all computations shall be rounded to the nearest whole hour and the fiscal year will be considered to start and end with the first pay period commencing in July of each year. (2) If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (3) Payment for the previous fiscal year will be made dudng the month of July of each year. Pay will be computed based on the employee's base salary rate on June 15. 1AFFFNL.MOU (Rev. September 23, 1998 Page 22 as a parent, grandmother, grandfather, or any other person living in the same household as the employee. 2.11 LEAVE OF ABSENCE Employees who are mentally or physically incapacitated to perform their duties or who desire to engage in a course of study such as will increase their usefulness on their return to the classified service or who, for any reason considered to be in the best interest of the City govemment by the appointing authority and the Director of Human Resources desire to secure leave from their regular duties may, on wdtten request, subject to the recommendations of the appointing authority and the Director of Human Resources and with the approval of the City Manager, be granted leave of absence without pay for a pedod not to exceed one year. Employees asking for leave of absence without pad- shall submit their request in writing stating the reasons why, in their opinion, the request should be granted, the date when they desire the leave to begin, and the probable date of their return. For each leave without pay, the Director of Human Resources shall determine whether employees granted such leave shall be entitled to their former position on their return from such leave or whether their name shall be placed on the reinstatement list for the class as provided for in the Civil Service Rules. If a request for leave is denied, such denial is appealable to the Civil Service Commission. An employee who is granted an unpaid leave of absence for more than one month for any reason, including a leave for disciplinary purposes, shall pay the cost of health and life insurance premiums for the entire period of the leave of absence, provided, however, that this provision shall not apply if the leave of absence is a result of the employee being ill or disabled. 2.12 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code). 2.13 JURY DUTY AND COURT LEAVE I. Jury Duty Permanent and probationary employees who are called to serve on jury duty for any county, state or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. They must present to their supervisor the court order to appear for jury duty at least three weeks prior to their date to report. B. All fees received by the employee for jury duty for days when scheduled for work, not including travel or subsistence pay, shall be submitted to the City. IAFFFNL.MOU (Rev. September 23, 1998 Page 24 2.14 LIMITED DUTY TIME Activities dudng limited duty time shall be limited to passive hobbies which: (1) shall not detract from a person's ability to respond immediately to any emergency; (2) shall not include any commercial or profit-making venture; (3) shall not be so cumbersome or bulky as to infringe upon other members' lawful activities; and (4) shall not cause an unusual amount of dust or debris, loud or distracting noises, repugnant odors, or dangerous vapors. No use of City tools or materials, except water and hoses for washing personal vehicles, shall be permitted routinely. Except for emergency repairs, there will be no repair or maintenance on any personal motive equipment. This item shall not abrogate the right of a Fire Captain, Battalion Chief, or Fire Chief to curtail any activity which in his/her opinion is undesirable for the circumstances existing at that time, nor shall this item limit the right of the department to require night or evening drills or training, night or evening inspections, or other related work. 2.15 LIMITED DUTY DAYS Such days shall be New Year's Day, Martin Luther King, Jr.'s Birthday, Easter Sunday, Memodal Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Work required on limited duty days shall consist of daily, routine schedule, and emergencv duty. 2.16 SHIFT EXCHANGE The City agrees to continue to allow the practice of shift exchanges, subject to the provisions of the Fair Labor Standards Act. Subject to the Battalion Chiefs or Fire Marshal's approval, employees shall have the right to voluntarily exchange shifts or parts of shifts when the change does not interfere with the operation of the Fire Department. In addition to exchange rank for rank, personnel of a lower classification but of qualified rank may be permitted to exchange shifts. "Paybacks" of shift trades are the obligation of the employees involved in the trade. Paybacks should be completed within one calendar year of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department. IAFFI:~qL.MOU (Rev. September 23, 1998 Page 26 Represented employees assigned to the Fire Prevention or Training Divisions will receive 7-1/2% additional compensation over their base wage, after they have been assigned to said Division for at least two consecutive pay pedods. 2.20 VACANCIES -PROMOTIONS I. When a permanent vacancy occurs in any position, it shall be filled in accordance with the Civil Service Rules, Chapter 1.00, Section 1.05 (A). I1. The City of Chula Vista will maintain promotional eligible lists so that not more than 120 days elapse between expiration and establishment of new lists. III. Long Term Acting or Out of Class Assignments will be made for the position of Suppression Fire Captain and Battalion Chief in the event that personnel in these positions are on injury leave or modified duty for a period of more than 6 weeks. These Long Term Acting or Out of Class Assignments shall not exceed six (6) months. 2.21 LAYOFF The City shall adhere to the following layoff procedure whenever it considers it necessary to reduce the unit's labor force in order to lessen governmental costs, reorganize City operations or reduce/eliminate City services. I1. Order of Layoff: Unit employees shall be laid off in the order specified below. Within categories 1, 2, 3, 4, 7 and 8, employees shall be laid off in order of seniority. In category 5, layoff decisions will be made by the Fire Chief. Employees in category 6 will have the right to bump back to the classification from which they were promoted. (1) Employees filling unbudgeted positions. (2) Vacation relief or other work relief positions. (3) Temporary employees. (4) Interim employees. (5) Probationary employees (original permanent appointment). (6) Employees on probation following promotion. IAFFFNL.MOU (Rev. September 23, 1998 Page 28 (2) Seniority at time of layoff for purposes of determination of continuous City service, eligibility for merit increases and vacation accrual rates. (3) The pay rate that will be awarded to a person who is re-employed shall be within the pay range for the classification effective at the time of Re-employment. The step within the range will be the same step the employee was receiving at the time of layoff. 2.22 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT I. The City will hold employees harmless for equipment damaged or lost, except for acts of negligence, vandalism, intoxication or other substance abuse. I1. Any represented employee who, in the normal course of his/her employment, suffers damage or destruction as a result thereof to his/her prescription glasses or wrist watch, shall be entitled to replacement or repair thereof upon investigation and recommendation by such employee's department head, and approval by the City Manager, provided such damage or destruction did not occur as a result of such employee's negligence. Said reimbursement shall not exceed the reasonable value of functional replacement or repair. An employee will be reimbursed up to $75 or actual cost, whichever is less, for prescription glasses and up to $50 or actual cost, whichever is less, for watches which are damaged or destroyed. 2.23 DEFERRED COMPENSATION All represented employees shall be eligible to participate in the City's approved Deferred Compensation plans. 2.24 VOLUNTARY TIME OFF POLICY Represented employees are eligible to participate in the Voluntary Time Off (VI'O) Policy, as adopted by Resolution 17126 of the City Council on May 25, 1993, subject to the prior approval of the Fire Chief. 3.01 PROHIBITED PRACTICES I. Local 2180 pledges it shall not cause, condone or counsel represented employees or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the Department or the City. II. Should any represented employees breach the obligations of Paragraph I while this Memorandum of Understanding is effective, the City Manager or his/her designee shall immediately notify Local 2180 that an alleged prohibited action is in progress. IAFFFNL.MOU (Rev. September 23, 1998 Page 30 Employees represented by Local 2180 agree to perform normal fire station maintenance and repair. 'Normal fire station maintenance and repair" shall not include major construction or renovation projects that are determined by the Fire Chief to be beyond the capability of the represented employees or are projects that would seriously interfere with the ability of represented employees to respond to emergencies. The City agrees to provide materials and equipment necessary to perform the normal fire station maintenance and repairs as provided herein. The fire station maintenance and repair duties will be performed between 0730 and 1630. 3.05 DRIVING ELIGIBILITY POLICY Whenever an employee drives a vehicle for City business, he or she shall have a valid California driver's license. In order to ascertain the validity of the employees' licenses, employees must present their driver's license to their supervisor upon request. If an employee's ddver's license is revoked, suspended, or otherwise made invalid, the employee must immediately inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. The City reserves the right to check with the Department of Motor Vehicles to investigate an employee's driving record and to determine if the employee's driver's license is valid. An employee who does not possess a California driver's license will be considered for a non-driving position, if one is available in the employee's classification. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California Driver's License at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis; however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees may request a leave of absence without pay for six months or until such time as their license is once again valid, whichever is shorter. 3.06 PHYSICAL ABILITY TESTING PROGRAM I. Physical Ability Testing Program - Unless they request and receive an exemption from the Fire Chief, all represented employees shall take an annual physical ability test. The annual physical ability test will consist of job-related physical ability events which have specific performance standards which must be met by each employee in order to pass the test successfully. Prior to implementing this testing program, the City has discussed the appropriate physical ability performance standards and tests with representatives of Local 2180, and the City will continue to consider Local 2180's input on the performance standards and tests during the term of this agreement. A written and graphic description of the annual physical ability test, as well as the procedures for retesting any employees not passing the annual test, will be provided in a departmental General Order available in all fire stations. (Revised FY 97/98) 3.07 SUBSTANCE ABUSE POLICY IAFFFNL.MOU (Rev. September 23, 1998 Page 32 Section III. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. Section IV. GENERAL PROVISIONS OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his/her or their consent. (2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow the sequence and the procedure outlined in Section V. 1AFFFNL.MOU (Rev. September 23, 1998 Page 34 the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV (3), then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his/her grievance with his/her immediate supervisor informally. Within three (3) working days, the supervisor shall give his/her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3), working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her superior within seven (7) working days. The superior shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his/her grievance in wdting to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the department head level, it may be submitted by the Association Representative within twenty (20) working days to the Human Resources Director, who shall investigate and report his/her findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide his/her answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed with the Association Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section VI, Advisory Arbitration, matters which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section VI. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten IAFFFNL.MOU (Rev. September 23, 1998 Page 36 III. For the purposes of vacation, holidays, sick leave, standby, and differential pay, all represented employees assigned to a 40-hour work week (including a temporary modified duty assignment) shall be eligible for the same benefits under the same terms as employees assigned to the Fire Prevention or Training Divisions with a 40-hour work week. IV. The parties recognize that the City must comply with the statutory provisions of the Americans With Disabilities Act (ADA). The ADA requires accommodations for individuals protected under the Act, and these accommodations must be determined on an individual, case-by-case basis. The parties agree that, in order to comply with the provisions of the ADA, the City may need to make exceptions to this MOU and/or to an existing policy, practice or procedure of the City relating to the terms and conditions of employment not covered by this MOU. The parties agree that the City has the right to make such exceptions on an individual case-by-case basis, in order for the City to accomplish reasonable accommodation to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. Local 2180 recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The City will notify Local 2180 of these proposed accommodations prior to implementation by the City if the accommodations require the City to make an exception to this MOU; the City will not, however, share medical records or violate the privacy rights of the individual with a disability. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice, such as in the grievance procedure. 4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall remain in full force and effect commencing July 1, 1998 through June 30, 2003 2005 (or the date closest to July 1 that is the end of a pay period), and it is understood and agreed that the terms, conditions, wages and all provisions of this Memorandum of Understanding shall continue in effect until a new Memorandum of Understanding is negotiated and subsequently ratified by Local 2180 and the City Council or until this MOU is superseded in accordance with Section 14.C. of the Employer-Employee Relations Policy. Said terms and conditions as outlined in this Memorandum of Understanding shall remain in effect, unless otherwise noted, from July 1, 1998 (or the date closest to July 1 that is the beginning of a pay period) until the first pay period in July ~ 2Q05, unless one of the parties notifies the other in writing no later than March 1, 20~3 2~$ of its desires to modify or terminate the agreement and provides wdtten proposals for such modifications no 15 ..... 2005. (Revised FY 98/03) later than April IAFFFNL.MOU (Rev. September 23, t998 Page 38 For the City: For Local 2180: Candy Em~son~ .... S'i~eve Miller, President City of Chnla Vista ?~ Steve Bremner ~C~h~c~ter City of Chula Vista Mark McDonald Richard Eagan RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AI~ AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (LOCAL 2180) EXTENDING THE MOU FOR TWO YEARS AND PROVIDING ADDITION~LL COMPENSATION AND BENEFITS AND AMENDING THE FY01 BUDGET APPROPRIATING $168,500 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND WHEREAS, the current International Association of Firefighters (IAFF) Memorandum of Understanding (MOU) expires on June 30, 2003; and WHEREAS, the IAFF and City reopened the MOU to discuss compensation and retirement benefits which was market driven, as the salaries of IAFF-represented classifications were currently just above the County average with no raises scheduled over the remaining two and a half years of the current five-year MOU; and WHEREAS, adopting the recommended amendments to the MOU should place IAFF wages in the top three in the County, comparable to the recently adopted MOU of the Police officers Association; and WHEREAS, the proposed amendments to the MOU were ratified by an overwhelming majority of the IAFF membership at well-attended general membership meetings held on February 26 and 27, 2001; and WHEREAS, these amendments extend the term of the MOU by two years, increase wages to retain a competitive pay structure with other municipal fire agencies in the county, and provide significant retirement enhancements in 2002 as follows: TABLE: MOU Extension: Description of Differences FISCAL CURRENT CONTRACT PROPOSED CONTRACT YEAR FY01 5% wages to all in Jan. 9% wages to all in Jan, Modify sick pay in lieu FLSA language change Provision of Class A uniforms FY02 0% wages 3% wages to all in Jan. EPMC PERS benefit 7/01 EPMC PERS benefit 7/01 FY03 0% wages 4% wages to all in Jan. 3%@50 PERS benefit 7/02 FY04 No contract 4% wages to all in Jan. FY05 No contract 4% wages to all in Jan. Increase spreads between firefighter & engineer to 15% & engineer & captain te 20% in Jan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an amendment to the Memorandum of Understanding with the International Association of Firefighters (Local 2180) extending the MOU for two years and providing additional compensation and benefits, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the FY01 budget is hereby amended by appropriating $168,500 from the unappropriated balance of the General Fund. Presented by Approved as to form by City Manager ~i~ty Attorney 2