HomeMy WebLinkAboutAgenda Packet 2002/02/05
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the.
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements. (
NOTICE OF ITEM ADDED TO THE AGEND~ THE. ß .r-
CHULA VISTA CITY CO~L \ )- Signed' 1 ~
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NOTICE IS HEREBY GIVEN that the following item has been added to the agenda of the Regular
Meeting of the City Council of the City of Chula Vista to be held Tuesday, February 5, 2002 at
4:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue:
CITY MANAGER'S REPORTS:
. Request from San Diego Gas & Electric regarding rate increase options.
Dated and posted: February 1, 2002 j~ ,J!;~
Donna Norris, Assistant City Clerk
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CITY COUNCIL AGENDA
February 5, 2002 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY 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
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
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AGENDA ë'
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February 5, 2002 4:00 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
. INTRODUCTION BY DEPUTY CITY MANAGER PALMER OF THE EMPLOYEE
OF THE MONTH, KEITH QUIGLEY, EXTENDED SCHOOL DAY SUPERVISOR,
LffiRARYDEPARTMENT
. INTRODUCTION BY MAYOR HORTON OF YANG JINGYUN, EDUCATIONAL
AND TOUR COORDINATOR FOR HILLTOP HIGH SCHOOL, AND A
PRESENTATION OF A PROCLAMATION TO MR. JINGYUN BY
COUNCILMEMBER RINDONE
. VIDEO PRESENTATION BY ERIC JONUCZ, HILLTOP HIGH SCHOOL STUDENT,
OF THE JANUARY 14, 2002 BREAKFAST OF CHAMPIONS AND OLYMPIC
TORCH RELAY, AND A PRESENTATION OF A CERTIFICATE OF
RECOGNITION TO MR. JONUCZ BY MAYOR HORTON
CONSENT CALENDAR
(Items 1 through 6)
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.
L ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED
COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH, VILLAGE SIX
(SECOND READING AND ADOPTION)
McMillin Otay Ranch, LLC, has submitted an application for a Sectional Planning Area
(SPA) Plan and associated regulatory documents for Village Six in Otay Ranch. Village
Six is located in the north-central portion of the Otay Valley Parcel, south of Olympic
Parkway, east of La Media Road, north of Birch Road and west of future SR-125. The
SPA Plan proposes 2,232 dwelling units on 386.4 acres of land in Village Six. The
ownership of Village Six is split between three property owners: McMillin Otay Ranch,
LLC, the Otay Ranch Company and the Catholic Diocese of San Diego. McMillin is
proposing 482 single-family dwellings and 212 multi-family units on their portion of
Village Six, while Otay Ranch Company is proposing 401 single-family dwellings and
1,392 multi. family units. The Catholic Diocese is proposing a church on an 11.5-acre
site and a 32.5-acre private high school. (Director of Planning and Building)
Staffrecommendation: Council place the ordinance on second reading for adoption.
2A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 01-10, COUNTRY
CLUB VILLAS, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE
GENERAL ACCESS EASEMENT, WITH THE RIGHT OF INGRESS AND EGRESS,
FOR THE CONSTRUCTION AND MAINTENANCE OF SEWER, DRAINAGE AND
15.FOOT DRAINAGE EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 01-10, COUNTRY CLUB VILLAS
SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On October 9, 2001, by Resolution No. 2001-347, the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 01-10, Country Club Villas. Adoption
of the resolutions will approve the final map, subdivision improvement agreement, and
supplemental subdivision improvement agreement. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH, PLANNING AREA
"R", CHULA VISTA TRACT NO. 99.04, ACCEPTING ON BEHALF OF THE CITY
THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID
SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR SAN MIGUEL RANCH, PLANNING AREA "H", CHULA
VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 2 . Council Agenda 02/05/02
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C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR SAN MIGUEL RANCH, NEIGHBORHOOD "H", ESTABLISHING SPECIFIC
OBLIGATIONS AND RESPONSffiILlTIES FOR MAINTENANCE OF PRIVATE
LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions will approve 131 single-family detached residential lots for
Shea Homes' Neighborhood "H" within Phase 1 of San Miguel Ranch. The tentative
subdivision map for Chula Vista tract 99-04, San Miguel Ranch, was approved on
February 29, 2000. Council approved the "A" map no. I for San Miguel Ranch, phases
one, two and four, on August 7, 2001. (Director of Public Works)
Staffrecommendation: Council continue this item to a future date.
4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING CITY STAFF'S ACTION ON APPROVING CHANGE ORDERS
ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING
STAFF TO PROCESS UP TO AN ADDITIONAL $250,000 IN CHANGE ORDERS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDERS FOR F.J. WILLERT FOR $57,678 AND $213,570,
BOTH ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CHANGE ORDERS
The City Council has approved multiple contracts on the construction of the corporation
yard project. On September 26,2000, Council amended Policy No- 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. Adoption
of the resolutions will ratify staffs actions in approving change orders valued at
$428,760, and approve two additional change orders. Staff will also be authorized to
process up to an additional $250,000 in change orders in accordance with the policy.
(Director of Building and Construction)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $90,000 TO
SOLANA RECYCLERS, INC., FOR HOUSEHOLD HAZARDOUS WASTE PUBLIC
INFORMATION SERVICES IN ACCORDANCE WITH TERMS AND CONDITIONS
OF THE COUNTY OF SAN DIEGO REQUEST FOR PROPOSAL (NO. 20075), AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS IN
CONJUNCTION WITH IMPLEMENTING THE AGREEMENT
Page 3 . Council Agenda 02/05/02
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The City has applied for and been awarded a regional grant for Household Hazardous
Waste Program in the amount of $300,000. The grant is desigued to serve residents of
Chula Vista, Imperial Beach and National City through March 2003. Staff coordinated
the grant application with the County and North County cities that also received $300,000
grant awards. It was the intent of all three sub-regional applicants to pool funds
committed to public education to develop one consistent message to better serve all
county residents. Adoption of the resolution will award and execute an agreement for
public education services that will be funded by the grant. (Special Operations Manager)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS, AWARDING A
CONTRACT TO CARRIER JOHNSON FOR THE PREPARATION OF
CONCEPTUAL DESIGN PLAN AND OTHER NECESSARY PLANS AND
DOCUMENTS REQUIRED FOR THE CITY'S SUBMITTAL OF A GRANT
APPLICATION UNDER PROPOSITION 14 . CALIFORNIA READING AND
LITERACY IMPROVEMENT POLICY AND PUBLIC LffiRARY CONSTRUCTION
AND RENOVATION BOND ACT OF 2000, FOR THE RANCHO DEL REY
LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
At its August 28, 2001 meeting, the City Council accepted a report on the Rancho del
Rey library and directed staff to prepare a "California Reading and Literacy Improvement
and Public Library Construction and Renovation Bond Act" (Bond Act) grant application
for the construction of the library. Carrier Johnson was chosen by a selection committee
as the proposed architect for the design of a concept plan and the preparation of needed
documents for the Bond Act grant application. (Deputy City Manager Palmer)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council'sjurisdiction 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
topicfor future discussion or refer the matter to staff Comments are limited to
three minutes.
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.
Page 4 . Council Agenda 02/05/02
7. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING LOT LINE
ADJUSTMENTS BETWEEN CITY-OWNED OPEN SPACE PROPERTY AND 12
RESIDENTIAL PROPERTIES
On November 14, 2000, Council approved Resolution No. 2000-427, the waiver of
Grading Deviation Policy No. 460-02, to allow certain residents within the Bonita Ridge
Estates, Open Space District No.4, to correct boundary discrepancies between their
properties and the adjacent City-owned open space lots. Since that time, staff received
lot line adjustment applications from 12 Bonita Ridge Estate residents to correct the
boundary discrepancies. Staff is now requesting Council approval of the lot line
adjustments, and the resulting transfer of open space land to these residents. (Director of
Public Works)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING LOT LINE ADJUSTMENTS BETWEEN CITY. OWNED OPEN
SPACE PROPERTY AND 12 RESIDENTIAL PROPERTIES WITHIN THE
BONITA RIDGE ESTATES, OPEN SPACE DISTRICT NO.4, AS A RESULT
OF THE COUNCIL-APPROVED WAIVER OF GRADING DEVIATION
POLICY NO 460-02 PER RESOLUTION NO. 2000-427, AND AUTHORIZING
THE MAYOR TO EXECUTE GRANT DEEDS ON BEHALF OF THE CITY
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
9. MAYOR'S REPORTS
A. Interviews and selection of Port Commissioner.
B. Consideration of adoption the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
URGING THE FEDERAL AND STATE GOVERNMENTS TO HELP
MITIGATE THE ECONOMIC IMPACTS ON THE BORDER REGION
RESULTING FROM INCREASED BORDER WAIT TIMES
10. COUNCIL COMMENTS
ADJOURNMENT to a Regular Meeting of February 12, 2002, at 6:00 p.m. in the Council
Chambers.
Page 5 . Council Agenda 02/05/02
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ORDINANCE NO. .-- ~\) ~\)Ö~
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AN ORDINANCE OF THE CITY CmJNCII&~~ ~ CITY OF
CHULA VISTA APPROVING THE SEC~ LANNING AREA
(SPA) PLANNED COMMUNITY DlSTT REGUIJATIONS FOR
OT A Y RANCH, VILLAGE SIX.
WHEREAS, the propcI1y which is the subject matter of this rcsolutior¡ is ider¡tified as
Exhihit "A" attached hereto and descrihed or¡ Chula Vista Tract 02-03, and is commonly known as
Otay Ranch, Village Six ("Propcrty"): and,
WHEREAS, an application le)r adoption ofthe Otay Ranch Village Six Sectional Planning
Area (SPA) Plan, was lìlcd with the City ofChula Vista Planning Department on October 13, 1998
by I'he McMillin Companies ("Applicant"): and
WHEREAS, the Otay Ranch Company, being Joint owners of Village Six with the McMillin
Companies, is a participant in the developmelJ\ and nllplclllcntation of the Village Six SPA Plan
Planncd Community District Regulaltons; and
WHEREAS, the Olay Ranch, Village Six Sectional Planning Area (SPA) Plan, Planncd
Community District Regulations ("Projcc ,') arc inlcmlcd to ensure that the Otay Ranch Village Six
SPA Plan IS prcpared in accordance with the Otay Ranch General Development Plan (GDP), to
implement the City of Chula Vista General Plan for eastelll Chula Vista, to promote the orderly
planning and long tcnn phased development of the Otay Ranch GDP and to establish conditions
which will enable the amended Otay Ranch, Village Six area to exist in hannollY within the
comrnurnty: and,
WHEREAS, the Otay Ranch, Village Six SPA Planned Community Dishict Regulations are
established pursuant to Title 19 of the Chula Visla Municipal Code, specifically Chapter 19.48 (PC)
Planned Community Zone, and are applicablc to the Otay Raneh Villagc Six SP A Land Use Plan of
the Otay Ranch Village Six SPA Plan: and,
WHEREAS, the Otay Ranch Village Six SPA Planned Community District Regulations
cstablisli zoning regulations for the Single-Family Three (SF-3), Single-Family Four (SFA),
Residential Multi-Family One (RM.I), Residential Multi-Family Two(RM-l), Conullunity Purpose
Facility (CPF), Mixed Usc (MU), Parks (P.l) and Open Space (OS) Zoning Districts located in Otay
IGil1e11 I, Hlage SIX; alld,
WHEREAS, The City's Environmental Review Coonhnator has reviewed the Project and
determined that the Project would result in a Siglll tleant impact to the enviromnent, therefore, a
Second.Tier Environmcntalllllpact Report (FIR 'is.OI) has been prepared; and,
WHEREAS, the Planning Commissioll set tlie time and place tor a hearing on said Otay
Rallch Village Six SectIOnal Planning Area (SP A) Pian (PCM-99.05) and notice of said hearing,
together w¡(l, ils pllll'°se. was givell by its publication ill a IIcwspaper of general circulation In the
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Ordinance No. Page 2
city and its mailing to property owners within 5UO feet orthe exterior boundaries of the Project site
at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the timc and place as advertised, namely 6:00 p.m"
January 9, 2002 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
the Planning Commission recommcnded approval of 'I he Project to the City Council and said hearing
was thereafier closed.
NOW, THER}:FORI<:, BI<: IT RESOL VED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, detennine, resolve and order as fol1ows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before tbe Planning Commission at their public
bearing held on January Y, 2002 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
doClLment, submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hercby finds that the Project, as described and analyzed in the Second- Ticr
Final EIR 9s-0 I, and Addendum thereto, would have no new effects that were not examined
in said Final EIR (Guideline 15168 (e)(2)).
11\. ACTION
The City Council hereby adopts an Ordinance to the Otay Ranch Village Six SPA Planned
Community District Regulations, finding that they arc consistent with the City of Chula
Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan,
and all other applicable Plans, and that the public neccssily, convenience, general welfare
and good planning Jnd zoning practice support their approval and implementation.
IV. EFFECTIVE DATE
TIns Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoptloll
Presell(ed by Approved as to Ii:mn by
Robert Leiler (~~~_Ú~
,0111 . Jheny
Planning and Building Director City Attorney
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Item Jv
Meeting Date 2/5/02
COUNCIL AGENDA STATEMENT
ITEM TITLE: A) Resolution Approving Final Map of Chula Vista
Tract No.OI-IO, Country Club Villas, Accepting on Behalf of the
City ofChula Vista the General Access Easement, with the Right of
Ingress and Egress, for the Construction and Maintenance of Sewer
and Drainage and 15-Foot Drainage Easements, all as Granted on
Said Map within Said Subdivision, and Approving the Subdivision
Improvement Agreement for the Completion of Improvements
Required by Said Subdivision, and Authorizing the Mayor to Execute
Said Agreement.
B) Resolution Approving the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 01-
10, Country Club Villas Subdivision and Authorizing the Mayor to
Execute Said Agreement.
SUBMITTED BY: Director of Public Works ((pu
REVIEWED BY: City Managelif: DI" (4/5ths Vote: Yes_NoX)
On October 9, 2001, by Resolution No. 2001-347, the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 01-10, Country Club Villas (see Attachment I). The Final
Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement
are now before City Council for consideration and approval.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the Resolutions approving: A) the Final Map and
Subdivision Improvement Agreement, and B) the Supplemental Subdivision Improvement
Agreement.
DISCUSSION:
The Country Club Villas Subdivision is generally located just west of Hilltop Drive on Naples
Street. The final map for the subdivision consists of a total ofthirty-one (31) lots, including ten (I 0)
common lettered lots and twenty-one (21) single-family detached condominium lots. A plat of the
subdivision is presented in Attachment I.
The final map for said subdivision has been reviewed by the Department of Public Works and found
to be in substantial confonnance with the approved Tentative Map. Approval of the map constitutes
acceptance by the City of all sewer and drainage easements within the subdivision.
Item
Meeting Date 2/5/02
The developer has executed a Supplemental Subdivision Improvement Agreement which includes
Tentative Map Conditions of approval No's 2, 3, 4, 5, 6, 20, 21, 23, 32, 33, 34, 37, 40,41, 42,45, 46,
47,48,49 and 50 all as approved by Resolution No. 2001.347 (Attachment 2).
The developer has executed a Subdivision Improvement Agreement and has also provided bonds to
guarantee construction of the required public improvements and the subdivision monumentation and
benchmarks. The developer has paid all applicable fees.
The developer's disclosure statement is included as Attachment 3.
FISCAL IMP ACT: None to the City. All staff costs associated with processing of improvement
plans and final map will be reimbursed fTom developer deposits.
Attachments: 1. Country Club Villas Location Map/Subdivision Plat
2. Resolution No. 2001-347 (approval of the Tentative Map)
3. Developer's Disclosure Statement
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AítA-~H VvierJí Z
RESOLUTION NO. 2001-347
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND IMPOSING CONDmONS
ON THE COUNTRY CLUB VILLAS TENTATIVE
SUBDIVISION MAP (PCS-OI-lO), A 2.25-ACRE, 3l-LOT
CONDOMINIUM DEVELOPMENT FOR 2 I SINGLE-FAMILY
DETACHED DWELLING UNITS, LOCATED AT 25/33
NAPLES STREET, CHULA VISTA TRACT NO. CVTOI-IO
I. RECITALS
A. Project Site
WHEREAS, the area of land commonly known as Country Club Villas Tentative
Subdivision Map (PCS-OI-IO), Chula Vista Tract No. 01-10, which is the subject matter of this
resolution, and is diagrammatically represented in Exhibit "A," attached hereto and incorporated
herein by this reference; and for the purpose of general description herein consists of 2.25 acres
located at 25/33 Naples Street, within the Apartrnenl Residential Zone (R-3). and within the
General Plan Land Use Designation of Residential Medium (6 - II dwelling units per acre),
consisting of APN 619-100-2900 and 619-100-3000 ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on May 8, 2001, Elmcon Ltd. ("Developer") filed a tentative subdivision
map application with the Planning Division of the City of Chula Vista and requested approval of
the Tentative Subdivision Map (PCS-OI-I0) known as Country Club Villas, Chula Vista Tract
No. 01-10, in order to subdivide the project site into a 23-lot condominium development for 22
single-family detached condominium units ("Project"); and
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said project
on August 22, 2001, and voted 4-0 to continue the project to September 12, 2001, so that the
Developer could prepare and submit a revised Tentative Subdivision Map addressing concerns
expressed by the Planning Commission; and
WHEREAS, on September 12, 2001, the Developer brought a revised Tentative
Subdivision Map (consisting of 31 lots, including nine common lots, one street lot, and 21
residential lots for 21 single-family detached condominium units) before the Planning
Commission, who voted 5-1 to recommend that the City Council approve the Project based on
the findings and subject to the conditions listed below, in accordance with Planning Commission
Resolution PCS-Ol-lO; and
D. Environmental Determination
WHEREAS, the City Council previously adopted a Mitigated Negative Declaration (IS-
01-039), in accordance with Ihe requirements of the California Environmental Quality Act
(CEQA); and
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Resolution 2001-347
Page 2
E. City Council Record on Application
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on October 9, 2001 in the Council Chambers, 276 Fourth Avenue before the City
Council of the City of Chula Vista to receive the recommendation of the Planning Commission,
and to hear public testimony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
detennine, and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the project introduced before the Planning
Commission at their public hearings on this project held on August 22 and September 12, 2001,
and the minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
Ill. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map (pCS-OI-I0) for Country Club Villas, Chula
Vista Tract No. 01-10, as conditioned herein, is in confonnance with the various elements of the
City's General Plan based on the following:
I. Land Use
The General Plan Land Use Designation is Residential Medium (6 - II dwelling units
per gross acre). The proposed 31.lot subdivision is within the allowable density and permitted
number of dwelling units. Therefore, as conditioned, tbe Project is in substantial compliance
with the City's General Plan.
2. Circulation
The private street required to serve the subdivision will be constructed or paid for by the
developer in accordance with the Conditions of Approval. The private street within the Project
will be designed in accordance with the City design standards and/or requirements and provide
for vehicular and pedestrian connections with adj acent streets.
3. Housing
The housing provided within the Project will be market-rate housing. The Project will
provide additional single-family detached condominiums in an estabJished western Chula Vista
neighborhood.
4. Conservation
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Resolution 2001-347
Page 3
The Project site is known to have significant environmental impacts, which are addressed
by the mitigation measures. The mitigation monitoring and reporting program is incorporated
into the conditions of approval.
5. Parks and Recreation, Open Space
The Project will be required to pay park acquisition and development fees prior to
approval of a fmal map. The individual lots possess some rear and side yard areas.
6. Seismic Safety
The Project is in confonnance with the goals and policies of the Seismic Element of the
General Plan for this site. The site is not located adjacent to an identified or inferred geologic
fault.
7. Safety
The Project is within the General Plan standard for response time of both police and fire
services. The emergency services agencies have reviewed the proposed subdivision for
confonnance with City safety policies and have detennined that the proposal meets the City
Threshold Standards for emergency services.
8. Noise
The Project will be required to meet the residential standards of the General Plan's Noise
Elemenl and Municipal Code. The dwelling units will be required to meet the Unifonn Building
Code standards with regard to acceptable interior noise levels.
9. Scenic Highway
The Project does not abut a scenic route or gateway.
10. Bicycle Routes
The private street within and the public street adjoining the Project do not include a
designated bike route.
11. Public Buildings
No public buildings are planned or proposed for the Project.
B. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the region and
has balanced those needs against the public service needs of the residents of the City and the
available fiscal and environmental resources.
C. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots for
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Resolution 2001-347
Page 4
natural and passive heating and cooling opportU1Ùties, and that the development of the site will
be subject to site plan and architectural review to insure the maximum utilization of natural and
passive heating and cooling opportunities.
D. The site is physically suitable for residential development and the proposal conforms to
all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created by the
proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and specific conditions set forth below:
IV. GENERAL CONDITIONS OF APPROVAL
The approval ofthe foregoing Project is hereby conditioned as follows:
Environmental:
1. Prior to demolition of the existing accessory buildings, the applicant shall contract with -
an environmental consultant certified by the State of California to conduct testing for the
presence of asbestos and for the proper removal and disposal of this element, if detected. The
applicant shall be responsible for obtaining all the required permits !Tom all affected state and
local regulatory agencies, including the Air Pollution Control District, and shall provide proof of
having obtained approval to proceed with this process in the Planning and Building Department
prior to obtaining a building permit.
2. To ensure that the noise level will be less than or equal 10 45 dBA in CNEL at any
location inside of the rooms of the dwellings, all the windows and exterior doors must be closed.
Due to the restriction of closed windows, forced ventilation is required. This can be established
by the installation of fans or an Air Conditioning System (HV AC). Either one of these can be
provided by the design.
3. The installation of fans or an HV AC system must be constructed to ensure that the ducts
for the outside air supply and the exhaust be placed at two right angles. Two air exchanges over
the course of one hour are required, along with a 20% volume change per hour, which must be
taken from the outdoors, per UBC requirements. The ducts for the outside air supply and
exhaust must be placed on opposite sides of the units facing Naples Street.
4. All windows, French doors, and exterior hardwood doors on the first and second floors
for the first and second row of units closest to Naples Street shall be designed and constructed in
accordance with the Acoustical Study prepared by Dr. Penzes and Associates, dated March 22,
2001. No mitigation is required for the windows, ftench doors and exterior hardwood doors of
the rest of the dwellings (refer to Exhibit B of Mitigated Negative Declaration).
-7
Resolution 2001-347
Page 5
5. The external walls of all buildings shall be designed and constructed in accordance with
the Acoustical Study prepared by Dr. Femes and Associates, dated March 22, 2001 (refer to
Exhibit B of Mitigated Negative Declaration).
6. A 6-foot-high sound wall shall be erected at the properly line between the east side ofthe
site and the parking lot of Country Club Shopping Center, to the east of the project site, as well
as along the front (facing Naples Street) of the lot, outside of the l5-foot setback. The sound
wall shall be constructed from concrete blocks or from masonry (refer to Exhibit B of Mitigated
Negative Declaration).
Engineering:
7. Submit and obtain approval of a lot line adjustment plat, prior to submittal of the final
map, between the subject development and the adjacent property to the east, in order 10 eliminate
the building wall encroachment shown on the Tentative Map.
8. Present written verification to the City Engineer from Sweetwater Authority that the
subdivision will be provided adequate water service and long-term water storage facilities.
9. Install fire hydrants, as determined by the City Fire Marshall. Said hydrant locations
shall be shown on the improvement plans.
10. Submit and obtain approval by the City Engineer of grading plans prepared by a
registered civil engineer. All grading and pad elevations shall be within two feet of the grades
and elevations shown on the approved tentative map or as otherwise approved by the City
Engineer and Planning Director.
11. Grading plans shall address the existing steep slope at the southwest corner of the
development that will include re-grading, if necessary, in order to achieve a maximum slope
gradient of2 horizontal to 1 vertical.
12. Existing retaining walls that are proposed to remain shall be addressed by the project
soils engineer to determine adequate structural stability.
13. Grading design shall be in accordance with Grading Ordinance 1797, as amended.
14. Submit and obtain approval by the City Engineer for an erosion and sedimentation
control plan as part of grading plans.
15. Show the location of cut/fill lines based on existing topography on grading plans.
16. Submit a list of proposed lots indicating whether the structure will be located on fill, cut,
or a transition between the two situalions, prior to approval of the final map.
17. Submit a detailed geotechnical report prepared and signed and stamped by both a
registered civil engineer and certified engineering geologist, prior to approval of grading plans
and issuance of a grading permit.
2
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Resolution 2001-347
Page 6
18. All onsite drainage facilities shall be private. Connection to the existing storm drain
culvert shall be designed to the satisfaction of the City Engineer.
19. Submit a precise drainage study prepared by a registered civil engineer and approved by
the City Engineer prior to issuance of a grading permit or other development permit. Design of
the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage
study shall show how downstream properties and storm drain facilities are impacted. The extent
of the study shall be as approved by the City Engineer.
20. Development of the subdivision shall comply with all applicable regulations established
by the United States Environmental Protection Agency (USEPA) as set forth in the National
Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and
storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P .D.E.S. regulations or requirements. Further, the applicant shall file a Notice of Intent with
the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General
Permit for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post
construction control measures. The developer shall comply with all the provisions of the
N.P.D.E.S. and the Clean Water Program during and after all phases of the development process,
including but not limited to: mass grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units. The applicant shall design the Project's storm
drains and other drainage facilities to include Best Management Practices to minimize non-point
source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality
Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The
permit includes regulations such as implementation of Standard Urban Storm Water Mitigation
Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The applicant
shall comply with all relevant City regulations, when they become effective, including but not
limited to incorporation into the design and implementation of the Project temporary and
permanent structural Best Management Practices and non-structural mitigation measures that
would reduce pollution of storm runoff to the maximum extent practicable.
21. The Applicant shall comply with all provisions of the National Pollutant Discharge
Elimination System (NPDES) and Clean Water Program. The quantity of runoff from the
development shall be reduced to an amount equal to or less than present 1O0-year frequency
slorm. Retention/detention facilities will be required as approved by the Director of Public
Works to reduce the quantity of runoff to an amount equal to or less than predevelopment flows.
Said retention/detention facilities shall be provided by the Applicant.
22. The main onsite sewer system within Ihe private streets shall be public. Said sewer
system shall be designed in accordance with the City of Chula Vista Subdivision Manual for
public sewer systems. Public sewer design requirements include, but are not limited to,
tenninating sewer mains with standard manholes, maintaining a minimum distance of 5 feet from
the edge of roadway and placement of manholes away from parking areas. Public sewer mains
shall be 8-inch diameter. Sewer service for lots 7, 8, 13-15 and 19, as shown on the Tentative
Map, shall be by a public sewer main along the lot frontage (Tentative Map does not show a
sewer line serving these lots).
.__._-~_. ._.__._-_..~.._-
Resolution 2001-347
Page 7
23. All sewer laterals shall be privately maintained from the house to the City-maintained
public sewer main.
24. Streets within the development shall be private. Detailed horizontal and vertical
alignment of the centerline of said streets shall be reflected on the improvement plans for the
development. Said streets shall be designed to withstand H-20 wheel loading, and include
reinforcement. Structural calculations shall be submitted with the improvement plans to support
the proposed street structural section. The border between public street and private street shall
be delineated throughout the use of distinctive pavement. Private streets shall be designed to
accommodate emergency vehicle access to the satisfaction of the City Engineer.
25. Guarantee, prior to approval of the final map, the construction of private street
improvements deemed necessary to provide service to the subject subdivision, in accordance
with City standards.
26. Remove the existing temporary power pole moWlted street light at the southwest comer
of the project, and replace with a permanent Chula Vista standard 250-watt street light at a
location approved by the City Traffic Engineer.
27. Install an alley-type entrance with pedestrian ramps at the project entrance, in accordance
with City and Regional standards.
28. Striping on Naples Street shall be required to create turning pockets for the project
entrance, to the satisfaction of the City Traffic Engineer. Parking along the project frontage shall
no longer be allowed due to the required striping.
29. Remove the existing section of temporary asphalt sidewalk at the westerly end of the
project adjacent to Naples Street and replace with permanent concrete sidewalk. Remove and
replace existing driveways and damaged sections of concrete improvements and replace with
standard concrete curb, gutter and sidewalk to the satisfaction of the City Engineer.
30. Grant an access and maintenance easement for the purpose of maintaining the public
sewer system over the entire width ofthe private streets on the final map.
31. Grant public drainage easements over the existing storm drain facilities on the final map.
Said easements shall be a minimum width of 15 feet.
32. Agree to defend, indenmifÿ and hold harmless the City and its agents, officers, and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City CoWlciI or any approval by its agents, officers, or employees with
regard to this subdivision, pursuant to Section 66499.37 of the State Map Act, including adoption
of the Mitigated Negative Declaration, provided the City promptly notifies the subdivider of any
claim, action or proceeding, and on the further condition that the City fully cooperates in the
defense.
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Resolution 2001-347
Page 8
33. Agree to hold the City hannless ftom any liability for erosion, siltation or increase flow
of drainage resulting from this project.
34. Ensure that all franchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each lot within the
subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies
lTanchised by the City of Chula Vista to place conduit within the City's easement situated within
the Project. Developer shall restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all other rules, regulations,
ordinances and procedures regulating and affecting the operation of cable television companies
as same may have been, or may 1T0m time to time be issued by the City of Chula Vista.
35. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
36. Submit copies of the final map and improvement plan in a digital format, such as (DFX)
graphic file, prior to approval ofthe Final Map. Provide Computer Aided Design (CAD) copy of
the Final Map, based on accurate coordinate geometry calculations, and submit the information
in accordance with the City Guidelines for Digital Submittal in duplicate on a 3-1I2-inch HD
floppy disk, prior to the approval of the Final Map.
37. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of
the Final Map and all plans shall be in accordance with Ihe provisions of the Subdivision Map
Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual.
Planning:
38. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of
the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act
and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
39. The Final Map shall be prepared by a licensed civil engineer, and shall incorporate all the
conditions of approval and be completed to the satisfaclion of the Director of Planning and
Building.
40. Prior to any use of the project site or issuance of any building pennits, all conditions of
approval shall be completed to the satisfaction ofthe Director of Planning and Building.
41. Prior to issuance of building permits, a lighting plan shall be submitted to the City of
Chula Vista Police Department Crime Prevention Unit and the Planning Division for review and
approval.
42. Prior to issuance of building permits, school fees shall be paid to Chula Vista Elementary
School District and annex to Community Facilities District (CFD) No. 10.
43. Ensure with all utilities that the location of all existing utility facilities will be protected
in place prior to commencement of grading. All utilities shall be underground within the
subdivision.
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Resolution 2001-347
Page 9
44. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant to
Chapter 17.10 of the Chula Vista Municipal Code.
45. All building plans must comply with 2001 energy requirements, 1998 Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical Code.
46. Future development of the site shall comply with conditions of approval ofDRC-OI-4I,
with the exception that the number of units be 21 and the number of guest parking spaces be 19.
47. Prior to issuance of any certificates of occupancy, developer shall guarantee that all
improvements shall be installed, including, but not limited to: streets, sidewalks, utilities,
walls/fencing, landscaping, and common open space amenities.
48. Approval of this Tentative Subdivision Map shall not waive compliance with all sections
of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in affect at
the time of building permit issuance.
49. Developer agrees that the City may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in breach of any of the terms of
the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure said
breach.
50. Applicant/operator shall and does hereby agree to indemnifY, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs
and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly,
fÌom (a) City's approval and issuance of this tentative map, (b) City's approval or issuance of
any other permil or action, whether discretionary or non-discretionary, in connection with the use
contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by
executing a copy of the tentative map conditions where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this tentative map and this provision
shall be binding on any and all of Applicant's/operator's successors and assigns.
51. Approval of the Country Club Villas Tentative Subdivision Map (PCS-OI-IO) is
contingent upon approval of the Country Club Villas General Plan Amendment (GPA-Ol-O4)
and Rezone (PCZ-Ol-02).
52. CC&R's shall be submitted to City Planning staff for review prior to approval of Final
Map, and shall be recorded prior to issuance of building permils.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each read,
understood, and agreed to the conditions contained herein. Upon execution, this document shall
be recorded with the County Clerk of the County of San Diego, at the sole expense of the
property owner and/or applicant, and a signed, stamped copy of this recorded document within
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Resolution 2001-347
Page 10
ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that
the project, and the corresponding application for building pennits and/or a business license, be
held in abeyance without approval. Said document will also be on file in the Office of the City
Clerk.
~~4 ~~~ ló/~~/ðl
&<gnature of Property Owner Date I I
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their tenus, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their tenus, the City shall have the right to revoke or modifY all
approvaJs herein granted, deny, or further condition issuance of all future building pennits, deny,
revoke, or further condition all certificates of occupancy issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. Developer or a successor in interest gains no vested rights
by the City's approval of this Resolution.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated; and that
in the event that anyone or more tenus, provisions, or conditions are detennined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the pennit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to fonn by
,./>'/. - /¿2- ~
. "Mjw- ~~~
Robert A. Leiter J . Kaheny
Planning and Building Director . Attorney
Resolution 2001-347
Page 11
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 9th day of October. 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
, !' ..
ShirJe~ Ho~on,Ma~!~ '"
ATTEST:
~~-f'~
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-347 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of October, 2001.
Executed this 9th day of October, 2001.
-::..- "5 J.J. ó-;:-.a~~
Susan Bigelow, City Clerk
2-11.{
,- -,,-----,.
AíTA(jrt¡\;JfNí 3
,- Appendix B
THE CITY Or- CHULA VISTA DISCLOSURE STATEMeNT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council. Planning Commission, and all other official bodies, The following information must be disclosed:
1 List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
)A-/v'\E:.<\ 5,FlMO~¡; Sit! W,LSON
W\'-lIA(Y\ GIGßS
2 If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuais owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
,J}:> (Y\ F .s 5 EL-Y'Y\u MZ:
ST~ \N1l-SO,j
3, If any person' identified pursuant to (1) above is non-profrt organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes - No L
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
DoN I} A\<$..J<. Dßc:; Su¡,V¡;; YJrJC
RDfJ/N F'('iþr-./II...Ut-J- DE,I~,.)ÇA
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes - No K If yes, state which
Councilmember(s):
11:"í? jail (NOTE: ATTACH ADDITIONAL PAGES A
Date:
/
. Person" defined as' "Any individual. fi'm, c<rpartnership, joint venture. association, social club, freaternal organization, Corporation,
"tale, Inrsl, receiver, syndicale. Ihis and any ot"", counry. dry and country, 5municipaliry. distrlcl. or olher political SO
01"", group or combinolion aclmg as a unil, " ...::¡ ¡f
2-/::; -
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._- -_.",,----'."-_. .--
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT NO. 0 1-10, COUNTRY CLUB VILLAS, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE GENERAL
ACCESS EASEMENT, WITH THE RIGHT OF INGRESS AND
EGRESS, FOR THE CONSTRUCTION AND MAINTENANCE OF
SEWER AND DRAINAGE AND 15-FOOT DRAINAGE
EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula
Vista hereby finds that that certain map survey entitled Chula Vista Tract NO. 01-10, COUNTRY
CLUB VILLAS, and more particularly described as follows:
Being that portion of Lot 13 in Quarter Section 120 of Rancho de la
Nacion in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 505, filed in the Office of
the County Recorder of San Diego County, March 13, 1888, lying
Southwesterly of the Northeasterly 280.70 feet thereof.
Area: 2.255 acres No. of Lots: 31
Numbered Lots: 21 Lettered Lots: 10
is made in the manner and foffil prescribed by law and confoffils to the surrounding surveys; and that
said map and subdivision ofland shown thereon is hereby approved and accepted upon receipt by the
City of Chula Vista of all improvement securities described in the Subdivision Improvement
Agreement.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City
of Chula Vista the general access easement with the right of ingress and egress for the construction
and maintenance ofthe sewer and drainage and 15- foot StOffil drainage easements as shown on said
map within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is
hereby authorized and directed to endorse upon said map the action of said Council; that said
Council has approved said subdivision map, and that the, general access easement for the
construction and maintenance of the sewer and drainage and 15-foot StOffil drainage easements as
1
2-lb
granted thereon and shown on said map within said subdivision are accepted on behalf ofthe City of
Chula Vista as hereinabefore stated.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance
by the City of Chula Vista and its City Attorney of the improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that the Subdivision Improvement Agreement dated
the 29th day of January, 2002 for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the Supplemental Subdivision Improvement
Agreement dated the 29th day of January, 2002 for the completion of improvements in said
subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City ofChula Vista.
Presented by Approved as to form by
Y1 /IìdI
John P. Lippitt
Director of Public Works
Jlattom'ylresolfioal map country club
2
2-/7
Recording Requested by:
CITY CLERK
When Recorded. Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which
no cash consideration has been paid or received.
Dec larant
SUBDIVISION IMPROVEMENT AGREEMENT
THJS AGREEMENT, made and entered into this - day of , 2002, by
and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and NAPOLI VISTA, LLC, 677 'G' Street, #93, Chula Vista, CA 91910, hereinafter called
"Subdivider" with reference to the facts set f0l1h beiow, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Country Club Villas, CVT No. 01-10, pursuant to the provisions of the Subdivision Map Act of
the State of California, and in compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the fiJing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the perfonnance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
2 -1'2'
City in connection ,,'ith the proposed subdivision and will deliver to City improvement securities
as approved by the City Attomey; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-347, approved on the
9th day of October, 2001 ("Tentative Map Resoiution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01092-01 through 01092-05, inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
One Hundred One Thousand Two Hundred Eighty and noli 00 Dollars ($101,280.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of
which encumbers and runs with the land, agrees to comply with all of the temlS, conditions and
requJrel1lcnts of the Tentative Map Resolution; to do and perfoml or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, an of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement
Work"); and will furnish the necessary materials therefor, all in strict confonnity and in
accordance with the plans and specifications, which documents have heretofore been filed in the
Office of the City Engineer and as described in the above Recitals this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if pennanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and an Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perfonn said Improvement Work
as set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
-2-
J:'..AttorneyISIAINapollO Vista.doc 2-lq
said public improyements or the portion thereof serving said building or structures approycd by
the City; provided, however, that the improvement security shall not be required to cover the
pro,'isions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the perforn1ance of
said Improvement Work, Subdivider will confol111 to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicabie to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this Agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Fifty Thousand
Six Hundred Forty and no/1 00 Dollars ($50,640.00) which security shall guarantee the faithful
perforn1ance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made
a pan hereof.
7. Subdivider further agrees to fumish and deliver to the City of Chula Vista
simultaneously with the execution of this Agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Fifty Thousand
Six Hundred Fony and no/1 00 Dollars ($50,640.00) to secure the payment of material and labor
in connection with the installation of said public improvements, which security is attached
hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit
"B", and made a pan hereof.
8. Subdivider funher agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Three Thousand
and no/1 00 Dollars ($3,000.00) to secure the installation of monuments, which security is
attached hereto, marked Exhibit "c" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
tenDS of the improyement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
secunty.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
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J:\Anorney\SIA\Napolla Vista.doc 2-20
liable for the payment of any sum or sums for said work or any materials fumished therefor,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials fumished and other incidental expenses) inclllTed
by City in cOlmection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a pêrfb<:J of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the perfoIDlance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, hanl1less from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold hannless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
-4-
J:.'\ttorney\SIA\Napolia Vista.doc 2- - 2.. {
officers. or employees to attack, set aside. void, or annul. an approval of the City, advisory
agency, appeal board, or legislative body conceming a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Govemment Code of the State of
Califomia.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations fanh herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion detennines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assigIUllent is
requested, pennit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a fonn approved
by the City Attorney.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
[SIGNATURES ON FOLLOWING PAGE]
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J:\Anorncy\SIA\Napolia Vista.doc 2 -22.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA SUBDIVIDER: NAPOLI VISTA, LLC
By, BY~N ,/ ~..k'
Shirley Horton, Mayor N e: ------
of the City ofChula Vista 't]e: 111 {lAÆA.~
ATTEST:
---.."""
City Clerk
Approved as to fonl1 by
(Attach Notary Acknowledgment)
.6-
j'AttorncyISIAINapoltaV15ta.doc 2 -23
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful PerfO1111anCe
Fol11J: Bond
Amount: $50,640.00
Exhibit "B" Improvement Security. Material and Labor:
FO1111: Bond
Amount: $50,640.00
Exhibit "C" Improvement Security. Monuments:
FO1111: Bond
Amount: $3,000'.00
Securities approved as to fO1111 and amount by
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
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J:IAttorncylSIAINapolia Vista.doc 2--24
1\J\J\.J~.n_r:v~
ALLPURPOSEACKNO~EDGMENT
State of California } SS.
County of ~'" V\"'Z'()
On \ ~-z.~\ð"'L before me, M............., ~s \,,\-"'" ,a Notary Public, personally
appeare , 3 -^~-" 4, \~_r'-<- , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. Seal
\~~ C{;XJ; ~
ð MAYRA ESTOLANO ~
COMM. #1327484 0
NotARY PUBLIC - CALIFORN(A 0
My C;~~D~;~~;g~N; 2005 ....
... COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDA TED...
The infonnation set forth below is an effort to protect members of the public, the Notary Public, or other officer from
unauthorized use of this form. Please note: the capacity(ies) of the signers are NOT certified by the Notary Public or other
officer and have not and will not be verified in any way by the Notary Public or other officer.
ATTENTION: THE IDENTIFIABLE ATTRIBUTES OFTHE ATTACHED DOCUMENT ARE As LISTED BELOW
Type or Title of Document:
Date of Document: Number of pages (including attached exhibits)
Name(s) of Creditable Witness(cs), if any:
The Signer(s) claimed the following capacity(ies)
Signatory's Name: Signatory's Name:
D Individual D Individual
D Corporate Officer: (Position) D Corporate Officer: (Position)
D Partner: (Limited) (GeneraT) D Partner: (Limited) (GeneraT)
D L.L.C.: (Position) D L.L.c.: (position)
D Trustee 0 Trustee
D Attorney in Fact D Attorney in Fact
D Conservator D Conservator
D Guardian D Guardian
D Other: DOther:
D D
TI-IUMBPRINT: Identifý below only if the print i, OTHER THAN THUMBPRINT: Identifý below only if the prmt i, OTHER THAN
RIGHT thumbprint o[the ,igner RIGHT thumbprint o[the "gner:
.- ".__Z-~
.~fL- ('L r-V'Ln_Jì.Jì..JLrVLiULJL.n.J\::rV'LJl.JlJLJL .1LJL
@2001 AMERICAN NOTARY INSTITUTE' 71 1 South Beo" Bool,md, Beo". CA 92"21. (714) 671-2"89
RESOLUTION NO.2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 01-10, COUNTRY CLUB VILLAS
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement which includes Tentative Map
Conditions of Approval Nos. 2, 3, 4, 5, 6, 20, 21, 23, 32, 33, 34,
37, 40, 41, 42, 45, 46, 47, 48, 49 and 50 all as approved by
Resolution No. 2001-347.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract No. 01-10,
Country Club Villas Subdivision, a copy of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute said Agreement on
behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
JlaUomeyVesolssia Cocn!", Clcb ,illas (Janca", 29, 2002 (124PMII
2-26
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue
Chula Vista, CA 9t910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FORCHULA VISTA TRACT NO. 01-10
COUNTRY CLUB VILLAS
(Conditions 2, 3, 4, 5, 6, 20, 21, 23, 32, 33, 34, 37, 40, 41, 42, 45, 46, 47, 48, 49 and 50 of
Resolution 2001-347)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _day
of _.__,2001, by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and NAPOLI VISTA, LLC. ("Developer" or "Grantor"), with
reference to the facts set forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and
incorporated herein ("Property"). The Property is referred to as Country Club Villas, Chula
Vista Tract No. 01-10 as approved by resolution no. 2001-347. For purposes of this Agreement
the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly
referred to as the Country Club Villas Tentative Subdivision map, Chula Vista Tract No. 01-10,
("Tentative Subdivision Map") for the subdivision ofthe Property.
D. The City has adopted Resolution 2001-347 ("TM Resolution") pursuant to which it has
approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the TM Resolution.
G. City is willing, on the premises; security, terms and conditions herein contained to approve the
final map for which Developer has applied ("Final Map") as being in substantial conformance
2-27
with the Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, tenns and conditions herein contained, the
parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all ofthe
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the beneficiary of such covenants for and
in its own right and for the purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of such covenants running with
the land have been provided without regard to whether City has been, remained or are owners of
any particular land or interest therein. If such covenants are breached, the City shall have the
right to exercise all rights and remedies and to maintain any actions or suits at law or in equity
or other proper proceedings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
a. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project, Developer may have the right to obtain a release of any of Developer's
obligations under this Agreement, provided Developer obtains the prior written consent of the
City to such release. Such assignment shall, however, be subject to this Agreement and the
Burden of this Agreement shall remain a covenant running with the land. The City shall not
withhold its consent to any such request for a release so long as the assignee acknowledges that
the Burden of the Agreement runs with the land, assumes the obligations ofthe Developer under
this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to
perfonn its obligations under this Agreement as it relates to the portion of the Project which is
being acquired by the Assignee. Developer, or their successors in interest, shall improve the
Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract OI-
10, except as modified by this Resolution.
b. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement and such partial release will
not, in the opinion ofthe City, jeopardize the likelihood that the remainder of the Burden will
not be completed.
2
2-2$
2. Condition No.2 of Resolution 2001-347 (NPDES). In satisfaction of Condition No.2 of
Resolution 2001-347, the Developer agrees to: Insure that the noise level will be less than or
equal to 45 dBA in CNEL at any location inside ofthe rooms ofthe dwellings, all the windows
and exterior doors must be closed. Due to the restriction of closed windows, forced ventilation
is required. This can be established by the installation of fans or an Air Conditioning System
(HV AC). Either one of these can be provided by the design.
3. Condition No.3 of Resolution 2001-347 (NPDES). In satisfaction of Condition No.3 of
Resolution 2001-347, the Developer agrees to: The installation of fans or an HV AC system
must be constructed to ensure that the ducts for the outside air supply and the exhaust be placed
at two right angles. Two air exchanges over the course of one hour are required, along with a
20% volume change per hour, which must be taken from the outdoors, per UBC requirements.
The ducts for the outside air supply and exhaust must be place on opposite sides of the units
facing Naples Street.
4. Condition No.4 of Resolution 2001-347 (NPDES). In satisfaction of Condition No.4 of
Resolution 2001-347, the Developer agrees that: All windows, French doors, and exterior
hardwood doors on the first and second floors for the first and second row or units closest to
Naples Street shall be designed and constructed in accordance with the Acoustical Study
prepared by Dr. Penzes and Associates, dated March 22, 2001. No mitigation is required for the
windows, French doors and exterior hardwood doors or the rest of the dwellings (refer to
Exhibit B of Mitigated Negative Declaration).
5. Condition No.5 of Resolution 2001-347 (NPDES). In satisfaction of Condition No.5 of
Resolution 2001-347, the Developer agrees that: The external walls of all buildings shall be
designed and constructed in accordance with the Acoustical Study prepared by Dr. Penzes and
Associates, dated March 22,2001 (refer to Exllibit B of Mitigated Negative Declaration).
6. Condition No.6 of Resolution 2001-347 (NPDES). In satisfaction of Condition No.6 of
Resolution 2001-347, the Developer agrees that: A 6-foot-high sound wall shall be erected at
the property line between the east side ofthe site and the parking lot of Country Club Shopping
Center, to the east of the project site, as well as along the front (facing Naples Street) ofthe lot,
outside of the 15-foot setback. The sound wall shall be constructed from concrete blocks or
from masonry (refer to Exllibit B of Mitigated Negative Declaration).
7. Condition No. 20 of Resolution 2001-347 (NPDES). In satisfaction of Condition No. 20 of
Resolution 2001-347, the Developer agrees to: Comply with all applicable regulations
established by the United States Environmental Protection Agency (USEP A) as set forth in the
National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban
runoff and storm water discharge and any regulations adopted by the City of Chula Vista
pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice
of Intent with the State Water Resources Control Board to obtain coverage under the
N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity
3
2 -2'1
and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures. The developer shall comply with all the
provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the
development process, including but not limited to: mass grading, rough grading, construction of
street and landscaping improvements, and construction of dwelling units. The applicant shall
design the Project's storm drains and other drainage facilities to include Best Management
Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San
Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit
(Order No. 2001-01). The permit includes regulations such as implementation of Standard
Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new
residential development. The applicant shall comply with all relevant City regulations, when
they become effective, including but not limited to incorporation into the design and
implementation ofthe Project temporary and permanent structural Best Management Practices
and non-structural mitigation measures that would reduce pollution of storm runoff to the
maximum extent practicable.
8. Condition No. 21 of Resolution 2001-347 (NPDES). In satisfaction of Condition No. 21 of
Resolution 2001-347, the Developer agrees to: Comply with all provisions of the National
Pollutant Discharge Elimination System (NPDES) and Clean Water Program during and after
all phases of the development process, including but not limited to rough grading, construction
of street and landscaping improvements, and the construction of dwelling units.
9. Condition No. 23 of Resolution 2001-347. In satisfaction of Condition No. 23 of Resolution
2001-347, the Developer agrees that all sewer laterals shall be privately maintained from the
house to the City-maintained public sewer main.
10. Condition No. 32 of Resolution 2001-347 (Subdivision Map Indemnity). In satisfaction of
Condition No. 32 of Resolution 2001-347 the Developer agrees to defend, indemnify and hold
harmless the City and its agents, officers, and employees, from any claim, action or proceeding
against the City, or its agents, officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates in the defense.
11. Condition No. 33 of Resolution 2001-347 (Erosion and Drainage Indemnity). In
satisfaction of Condition No. 33 of Resolution 2001- 34 7, the Developer agrees to hold the City
harmless from any liability for erosion, siltation or increase flow of drainage resulting from this
project.
4
2-30
12. Condition No. 34 of Resolution 2001-347 (Cable Television Easements). In satisfaction of
Condition No. 34 of Resolution 2001-347 the Developer agrees to ensure that all franchised
cable television companies ("Cable Company") are permitted equal opportunity to place conduit
and provide cable television service to each lot within the subdivision. Restrict access to the
conduit to only those franchised cable television companies who are, and remain in compliance
with, all of the terms and conditions of the franchise and which are in further compliance with
all other rules, regulations, ordinances and procedures regulating and affecting the operation of
cable television companies as same may have been, or may from time to time be issued by the
City ofChula Vista.
13. Condition No. 37 of Resolution 2001-347 (Comply with all laws). In satisfaction of
Condition No. 37 of Resolution 2001-347 the Developer agrees to comply with all applicable
sections of the Chula Vista Municipal Code and to prepare the Final Map and all plans in
accordance with the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
14. Condition No. 40 of Resolution 2001-347 (Comply with all conditions prior to building
permits). In satisfaction of Condition No. 40 of Resolution 2001-347 the Developer agrees to
complete all conditions of approval to the satisfaction of the Director of Planning and Building
prior to any use of the project site or issuance of building permits.
15. Condition No. 41 of Resolution 2001-347. In satisfaction of Condition No. 41 of Resolution
2001-347, the Developer agrees that prior to issuance of building permits, a lighting plan shall be
submitted to the City of Chula Vista Police Department Crime Prevention Unit and the Planning
Division for review and approval.
16. Condition No. 42 of Resolution 2001-347 (payment of School Fees). In satisfaction of
Condition No. 42 of Resolution 2001-347, prior to issuance of building permits, the Developer
agrees to pay all school fees and come to an agreement with the Chura Vista Elementary School
District who is requesting that the developer annex the project into their new generic Community
Facility District No.1 O.
17. Condition No. 45 of Resolution 2001-347 (Comply with all Codes). In satisfaction of
Condition No. 45 of Resolution 2001-347 the Developer agrees to comply with 1998 Energy
requirements, 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
and 1998 National Electrical Code.
18. Condition No. 46 of Resolution 2001-347. In satisfaction of Condition No. 46 of Resolution
2001-347, the developer agrees that future development of the site shall comply with conditions of
approval ofDRC-01-41, with the exception that the number of units be 21, not 22 units, and the
number of guest parking spaces be 19, not 14 spaces.
5
2-3/
19. Condition No. 47 of Resolution 2001-347. In satisfaction of Condition No. 47 of Resolution
2001-347, prior to the issuance of any certificates of occupancy, the Developer shall guarantee that
all improvements shall be installed, including, but not limited to: streets, sidewalks, utilities,
walls/fencing, landscaping, and common open space amenities.
20. Condition No. 48 of Resolution 2001-347. In satisfaction of Condition No. 48 of Resolution
2001-347, the Developer agrees that approval of this Tentative Subdivision Map shall not waive
compliance with all sections ofTitle 19 (Zoning) of the Municipal Code, and all other applicable
City Ordinances in affect at the time of building permit issuance.
21. Condition No. 49 of Resolution 2001-347. In satisfaction of Condition No. 49 of Resolution
2001-347, the Developer agrees that the City may withhold the issuance of building permits for
the Project, should the Developer be determined by the City to be in breach of any of the terms of
the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure said
breach.
22. Condition No. 50 of Resolution 2001-347. In satisfaction of Condition No. 50 of Resolution
2001-347, the Developer shall and does hereby agree to indenmify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives, fromand
against any and all liabilities, losses, damages, demands, demands, claims and costs, including
court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this tentative map, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary, in connection
with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of the tentative map conditions where indicated, below.
Applicant's/operator's compliance with this provision is an express condition of this tentative map
and this provision shall be binding on any and all of Applicant'sloperator's successors and assigns.
23. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes
satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions 2, 3,
4,5,6,20,21,23,32,33,34,37,40,41,42,45,46,47,48,49 and 50 of Resolution 2001-347.
24. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval ofthe Country Club Villas,
Chula Vista Tract No. 01-10 Tentative Map (adopted by Resolution 2001-347) and shall remain
in compliance with and implement the terms, conditions and provisions of the Resolution.
25. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be
recorded by either party.
26. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth
herein may be assigned to subdivider's successor in interest ifthe City Manager in his/her sole
6
2 --32-
discretion determines that such an assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment is requested, permit a
s'lbstitution of securities by the successor in interest in place and stead ofthe original securities
descnbed herein, so long as such substituted securities meet the criteria for security as set forth
elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney.
27. Building Permits. Developer understands and agrees that the City may withhold the issuance
of building permits for the Project, should the Developer be determined by the City to be in
breach of any of the terms of this Agreement. The City shall provide the Developer of notice of
such determination and allow the Developer with reasonable time to cure said breach.
28. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, rust-class postage prepaid, addressed to the address
indicated in this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
Napoli Vista, LLC.
677 'G' Street, #93
Chula Vista, CA 91910
Attn: James S. Elmore
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference and do
not define, describe or limit the scope or intent of this Agreement or any of its terms.
7
2-33
c. Entire Agreement. This Agreement contains the entire agreement between the parties
regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other agreement between the
parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be drawn
from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are
incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable attorney's fees and court
costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
(NEXT PAGE IS SIGNATURE PAGE)
8
2-3Lf
[SIGNATURE PAGE FOR SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR COUNTRY CLUB VILLAS, CVT 01-10]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year first herein above set forth.
THE CITY OF CHULA VISTA NAPOLI VISTA, LLC.
By: James S. Elmore
Mayor of the City ofChula Byr"U4 -4 g;~y
Vista
Title: '/11/141 á-r<-1/
ATTEST
City Clerk
By:
Approved as to form by
Title:
{j)1;f »1r~ /ÞØ
(Attach Notary Acknowledgment)
List of Exhibits:
Exhibit "A" Legal Description
Exhibit "B" Plat of Property
J ,lEngineerIPERMITSIEY\EY 423 SSIA.doc
9
2-35
ALLPURPOSEACKNO~EDGMENT
State of California
County of s......
On l¿"Uo. \c..... "U-\.... ~ -<,u ,a Notary Public, personally
appeare , \.~~,<-, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. Seal
Signature \\U~ C¡Jt;;;t---~
\
L MAYRA ESTOLANO ~
0 COMM. #1327484 ()
0 NOTARY PUBLIC - CALIFORN(A ()
f- SAN DIEGO COUNIT
I My Comm. E,pl'.' Oct. 29, 20051
... COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED ...
The infonnation set forth below is an effort to protect members of the public. the Notary Public, or other officer from
unauthorized use of this fonn. Please note: the capacity(ies) of the signers are NOT certified by the Notary Public or other
officer and have not and will not be verified in any way by the Notary Public or other officer.
AITENTION: TI-IE IDENTIFIABLE AITRIBUTES OFTHE AITACHED DOCUMENT ARE As LISTED BELOW
Type or Title of Document:
Date of Document: Number of pages (including aI/ached exhibits)
Name(s) of Creditable Witness(es), ifany:
The Signer(s) claimed the following eapaeity(ies)
Signatory's Name: Signatory's Name:
0 Individual 0 Individual
0 Corporate Officer: (Position) 0 Corporate Officer: (Position)
0 Partner: (Limited) (General) 0 Partner: (Limited) (General)
0 LL.c.: (position) 0 LLc.: (position)
0 Trustee 0 Trustee
0 Attorney in Fact 0 Attorney in Fact
0 ConselVator 0 ConselVator
0 Guardian 0 Guardian
0 Other: 0 Other:
D D
TIIUMBPRINT: IdentifY below only if the print is OTHER THAN THUMBPRINT: JdentifY below only if the print is OTHER THAN
RIGHT thumbprint olthe signer-- RIGHT thumbprmt olthe signer.-
~ _.~-~- --- u_-. -
rtfL.fLfL.iì..!L.fLfLJ\JULJl. rLfL.fL Iì 1ìJVLfì..fLfLfl..fLJLf'L
@2001 AMERICAN NOTARY INSTmJIE. 711 South Boo. Boulova<d, Boo., CA 92821 . (714) 671.2889
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/5/02
ITEM TITLE: Resolution Approving the Final Map for San Miguel Ranch
Planning Area "H", Chula Vista Tract No. 99-04. Accepting on behalf of the
City of Chura Vista, the various easements, all as granted on said map, within
said subdivision; approving the Subdivision Improvement Agreement for the
completion of improvements required by said subdivision, and authorizing the
Mayor to execute said agreement.
Resolution Approving the Final Map Supplemental
Subdivision Improvement Agreement for San Miguel Ranch Planning Area "H",
Chula Vista Tract No. 99.04, requiring Developer to comply with certain
unfulfilled conditions of Resolution No. 2000-068 and authorizing the Mayor to
execute said agreement
Resolution Approving the grant of easements and
maintenance agreement for San Miguel Ranch Neighborhood" H", establishing
specific obligations and responsibilities for maintenance of private landscaping
within public right-of-way ~OriZing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public Works
',!/
REVIEWED BY: City Manager éJ (4/5ths Vote: Yes_No.K)
¡;""
It is recommended that this item be continued to a later date.
J\Engin"MGENDA\A I IJ_SanMigu,IRanch_ll_cnnt'ù ùoc
'7
...J
..- --,--,- -.-...--
COUNCIL AGENDA STATEMENT
Item:~
Meeting Date: 2/05/02
ITEM TITLE: Resolution Ratifying City staffs action on approving change
orders associated with the construction of the Public Works Operations
Facility and Corporation Yard, listed on Attachment A, and
authorizing staff to process up to an additional $250,000 in change
orders
Resolution Approving Change Orders for FJ. Willert for
$57,678 and $213,570, both associated with the construction of the
Public Works Operations Facility and Corporation Yard listed on
Attachment B, and authorizing City Manager or his designee to
execute said Change Orders
SUBMITTED BY: Director of Building and Park Construction~/
REVIEWED BY: {;&-
City Manager .?'~ ¡:¡;v (4/5ths Vote: Yes - No..xJ
On September 26, October 20, 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 has been
overseeing the construction work. On September 26, 2000 City Council amended Policy #574.
0 I 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. Said
policy allows the City Manager to exceed these limits if a substantial claim could be submitted
by the contractor(s) for delays. In an effort to avoid delays or potential claims, staff has
approved the change orders listed on Attachment A, and hereby presents them to Council for
ratification. Approval of lonight's resolutions will ratify City Staffs actions in approving
change orders valued at $428,760 listed on Attachment A, and approve the two change orders
listed on Attachment B totaling $271,248. The total amount of change orders to be ratified and
approved is $700,008. Tonight's action will also authorize staff to process up to an additional
$250,000 in change orders in accordance with the policy.
RECOMMENDATION: That Council I) ratify City Staffs actions in approving change orders
valued at $428,760 listed on Attachment A and authorize staff to process up to an additional
$250,000 in change orders, 2) approve change orders for FJ. Willert for $57,678 and $213,570,
both associated with the construction of the Public Works Operations Facility and Corporation
Yard and authorizing City Manager or his designee to execute said change orders.
BOARDS/COMMISSION: Not Applicable
DISCUSSION:
City Staff and Highland Partnership continue to scrutinize every change order requested by the
Specialty Contractors. City Staff has approved change orders totaling $428,760 listed on
Attachment A and now present them for Council's ratification. Staff is also forwarding two
Page 2, Item: ..!::t..-
Meeting Date: ~
change orders for $57,678 and $213,570 to the Grading Contractor, F. J. Willert for Council's
approval. City Staffs analysis included a determination that failure to process these change
orders would have resulted in a delay in the critical path schedule of the project.
The following is a general description of the major Change Orders shown on Attachment A:
During the past two months construction at the Corporation Yard has shown marked signs of
nearing overall completion. The City's Building Division issued a temporary certificate of
occupancy for the administration building in early December. Staff moved into the
administration building in mid December. This proved to be a smooth transition of City Staff to
this facility. With the completion of the household hazardous waste disposal facility and the
administration building, construction efforts have shifted to completion of landscaping, AC
paving, installation of equipment and finishes in the shops, maintenance and central stores
buildings. The bus wash building has been completed and is scheduled for commissioning. The
completion and commissioning of the CNG and fueling facilities will follow completion of the
bus wash building.
During the course of construction several factors have combined to necessitate extension of
projected project completion. After extensive analysis, Staff has determined the following
reasons for extension of the project: (I) Unsatisfactory performance of a critical path specialty
contractor, and (2) Staff recommended post design enhancement of key systems such as
electrical, landscaping, paving and security. These elements have contributed to establishment of
a new project completion date during the last week of March. Due to this, Staff is recommending
that Highland Partnership and RNL's original contracts be modified to cover additional
construction management and architectural services through the revised project completion date.
These recommended modifications will be forwarded to the City Council separately.
Since Council ratification of previous change orders, on December 4, 2001 Council Meeting,
Staff has identified several enhancements, design clarifications, correction of field conditions
and original scope necessary to complete Corporation Yard facilities. In each and every instance
these items were researched for cost effectiveness, utility, ease of maintenance and the possible
impact to the Construction Schedule.
The items listed below represent individual change orders that are in excess of $20,000 in value.
After exhaustive analysis, Staff and Highland continue to categorize these changes as Staff
additions, plan clarifications, unsuitable soils, value engineering, and correction of field
conditions and identification of original project scope completed through the change order
process. As previously reported, due to integration of the work of the numerous trades, plan
clarifications and value engineering efforts, numerous change orders are required in order to
continue and complete the project. To this end Staff has approved change orders and now
presents this latest list of staff approved change orders for Council's ratification. Those change
orders, totaling $428,760, are listed on Attachment A.
Following is a general description of the major change orders shown on Attachment A:
Gardner Contractinl!. Inc. ($49,000)
This change order is for General Requirements scope normally associated with a General
Contractor and is in an amount anticipated to complete the project. This change order
.- .....-,.-..--,-.-.-
Page 3, Item: L
Meeting Date: ~
includes general construction cleanup, storm water pollution prevention, and other
general tasks as may be necessary for the timely completion of the project.
Roeiack Roofinl!, Inc. ($21,441)
Due to various design elements in the maintenance building roof structure, re-
specification of the skylights and as directed by regulatory authority, the roof cricket
system required modification. This modification was necessary to ensure positive roof
drainage. Appropriate credits for the original cricket design were credited back to the
City, which offset the cost of this change order.
Saturn Electric. Inc. ($46.371)
The original contract documents specify a "Turn-key" CNG fueling facility. The
successful bidder on this scope was to provide the design based on the performance
parameters outlined in the specifications. The requirement for CNG fueling includes
remote public access fleet fueling. In this instance the CNG specialty contractor provided
detailed shop drawings for the underground electrical and CNG high-pressure lines to the
remote facility while insisting that this element is not within his contract. Staff and
Highland strongly disagree with this viewpoint. In an attempt to limit adverse impact to
the schedule, Highland informally bid this Scope. Prior to awarding this work, Highland
notified the CNG specialty contractor that in the opinion of Staff and Highland, this
scope was clearly within his contract. Staff and Highland will continue resolution efforts
of this issue and will attempt to recoup costs through modification to the CNG Specialty
contract or deductive change order to said contract.
Saturn Electric. Inc. ($22.251)
After extensive review of plans and end user requirements, various improvements were
added to building and site security. Improvements include addition of security cameras,
added access points and security hardware upgrades. A portion of this change is the
inclusion of the household hazardous waste disposal facility into the main security
system. This change order is for the underground conduit portion of these revisions.
SoItek Pacific. Inc. ($21.075)
The original plans and specifications did not provide for a site concrete finish. Based on
submittal, Staff selected an exposed aggregate finish for all flatwork immediately
adjacent to the administration building.
Pacific Coast Steel. Inc. ($42,748)
Traffic pattern analysis, vehicle loading and determination of paving areas that will be
subjected to severe heavy vehicle traffic indicated the requirement for revision of the
paving plan. Those areas anticipated to receive the heaviest usage were re-specified as
concrete paving instead of asphalt. This change order is for the paving reinforcement
steel associated with this revision.
Pacific Coast Steel, Inc. ($20.215)
This change order is for the addition concrete reinforcement at various locations at the
maintenance building pits due to equipment changes and recommendations of the
building inspector.
7.
../
-'--' _......._---
Page 4, Item: L
Meeting Date: 2/05/02
L. Faber Masonrv. Inc. ($28.252)
This change order is for dry packing of beams and truss pockets. This scope was not
included in any contract scope during the initial bidding process. The original plans and
specifications allowed for the successful structural steel bidder to design the trusses
instead of purchasing approved prefabricated units. Based on this eventuality the scope
for dry packing was unknown at bid time and could be more economically accomplished
through the change order process.
Whitmore Steel. Inc. ($49.868)
Structural steel on the maintenance building is the critical path for this project. The
structural steel specialty contractor failed to complete his work in a timely manner.
Completion of structural steel was absolutely essential for follow up on trades to begin
and complete their work. Staff and Highland identified specific incomplete work that was
delaying the project. Following the advice and council of the Deputy City Attorney, the
specialty contractor was appropriately noticed and this scope was deleted from his
contract. This scope was then bid out and awarded as a change order to Whitmore Steel,
Inc. The associated deductive change order to the original structural steel specialty
contractor is listed below.
C & S Doctor. Inc. (-$54.855)
This is the deductive change order referenced immediately above. Included is the
appropriate amount identified in contract documents for overhead associated with this
action.
In addition, two change orders, exceeding the value of Staffs approval authorization, are
necessary to properly complete the project and are presented to Council separately for approval.
These change orders, in the amounts of $57,678 and $213,570 both pertain to the soils and
grading issues previously reported to Council. The preliminary soils report covered limited
boring areas, which mainly reflected the presence of stable soil material. Following the
commencement of grading work, the contractor discovered the presence of large quantities of
expansive soils that needed to be fully removed and replaced with suitable material. The costs
incurred cover the excavation and export of expansive soils and the import and placement of
suitable material.
F.J. Willert, Inc. ($213.570)
After an extensive review of anticipated traffic patterns and operations at specific areas of
the Corporation Yard, Staff, HPI and appropriate consultants revised the paving plan to
maximize paving utility, maintainability and service life at various areas to be paved.
This change order is for the demolition, removal, excavation, grading, and import and
placement of sub-base material associated with the revised paving plan.
F.J. Willert. Inc. ($57.678)
This change order represents the continuation of work associated with the revised paving
plan. Also included is export of unsuitable soils, import and placement of backfill to
complete all remaining retaining walls. This work has been completed on a time and
material basis as it was deemed to be more cost effective for the City.
Because Staff and Highland Partnership are aware of the possibility of further change orders,
which are in the process of being evaluated, staff is also requesting authorization to process up to
Page 5, Item: L
Meeting Date: 2/05/02
an additional $250,000 in change orders. The same complete and thorough review and
documentation of the need for these additional change orders will continue to be followed. Staff
may also return to Council for ratification and/or request approval of these potential future
change orders.
FISCAL IMPACT:
Approval of tonight's resolutions will ratify City Staffs actions in approving change orders
valued at $428,760 listed on Attachment A, and approve the two change orders listed on
Attachment B totaling $271,248. The total amount of change orders to be ratified and approved
is $700,008. As of December 4,2001, the cumulative value of all change orders approved by the
City Council was $2,724,871. Following tonight's action on both resolutions, the cumulative
total value of all change orders approved to date will be $3,424,879. Also, with tonight's
authorization of $250,000, the new contingencies budget will be $3,674,879. The cost of these
change orders is within the budget appropriation for the project.
Attachments:
A Summary of change orders proposed for ratification
B Summary of change orders proposed for approval
H:\ADMINIBuilding and Park ConstructionlCorporation YardlChangeOrders.doc
Change Orders For Ratification by City Council February 12, 20021
1}1 Highland Attachment A
Chula Vista Corp Yard Highland Partnership, Inc
1800 Maxwell Rd
Chula Vista, CA 91910
....."......'Ii'O'" 0I'i1õ'iTò'I11 I,~,."""", """"om,
004 09201000-02 GARDNER Ge"",al Requl,eme"t' - Remal"de, of Pmje" 49,000
009 09202211-01 FJWILLERT Reta'"'", Wall Backfill/Goadl", @ M.,well 5,000
003 09207500'01 ROEJACK Revl'ed Cricket,@ Mal"te"a"ce Bid, 21,441
009 09206100-01 HELIX CON Repal' of Ba..el Roof Shee"", 1,230
005 09216700-01 EXPANETS Replace 15 amp powe' ,trip, with 20 amp powe"'rip' 430
012 09207600-01 CSM Gu"e.@ Rea, 01 Fuel Bid, 2,400
013 09207600-01 CSM Repal' Dama,ed Wall Pa"el, 1.034
014 09207600-01 CSM Added Sheetmetal Sldl", @ Mal"1 Bid, Roof 15,260
015 0'207600-01 CSM Repal' Ha,Mat Co"tal"e" - HHWDF 1,170
016 09207600-01 CSM Add Mecha"'cal Sccee" @Adml" 16,750
004 9202520-01 SOLPAC Co"c,ete BoII..d, @ Fleet Acce" 1.806
005 9202520-01 SOLPAC Pu,h Up Stockpile 6603
006 9202520-01 SOLPAC Re,et Flatwook @ Adml" 4,131
007 9202520-01 SOLPAC SpeclficatlOO Cha",e to ",p"ed A",e,ate 21.075
023 9202660-01 SHERWOOD Repal, of Dama,ed Boo,te, Pump Coodult -2,303
024 9202660-01 SHERWOOD Repal' of E""'", Slope Catch Ba,'" 19.886
008 09208110-01 BRADY CO U"de,cut E""'", & Repal' ",""", 000" 2,462
007 09205120-01 CBS DOC Added Stooefmol@Adml"-Gla,'", 5.312
009 09205120-01 CBS DOC New 0000 CI"e" '" E""'", Slooef.oot, 1,900
010 09205120-01 CBS DOC Steel Support, @ Roof Ope"'"" 6,144
011 09205120-01 CBS DOC Deduct - D.'" Hole, '" Steel Embed, @ Mal"1 BUlldl", -2,030
012 09205120-01 CBS DOC Malole"a"ce Bulldl", Catwalk" G,a"", a"d Stal, Pa"/Fuel -54.855
Buildl", G,a""9
010 9202685-01 SATURN CNG Fuel Se",lce LI"e To Fleet Fuell", - Coodult 46,371
011 9202685-01 SATURN Revl,ed Secu,lty U/G Coodult 22,251
012 9202685-01 SATURN Repal, to Boo,te, Pump Electrical Feed, 2,303
013 9202685,01 SATURN Replace E""'", Site Ga, LI"e 10.389
014 9202685-01 SATURN U/G Elect Added Coodult@ CNG/Slte 6,449
015 9202685,01 SATURN Co"dult E,te,,'oo @ MSB 18,268
016 9202685-01 SATURN Pmvlde laboo to hood/machl"e e'cavate @ Recelvl", . coodult e"toa"ce, 5.010
006 920"00-01 BENCHMARK Repal. of Dama,ed Wall Pa"el, ,1,034
007 9202900-01 BENCHMARK Weed Removal a"d G,a"", of Slope" HII',lde, a"d Pa,"", Acea, 12.630
Me,'ca" Fa" Palm,/T,ee D,al"a,e foo Quee"
008 920"00-01 BENCHMARK Palm,¡Sawcul(l",/Rel""ali Late,,' LI"e, 11,019
018 9203200-01 PCS Revi,ed Pavl", PIa" Rel"loocI", Steel 42,748
008 9203300-01 SOLPAC Cha",e to 4,000 PSI Cooc'e'e 7.866
009 9203300-01 SOLPAC Overtime @ Mal"te"a"ce BuB"", 1,076
010 9203300-01 SOLPAC 0"" Hole, I" Steel Embed, @ Malol Bulldl", 2.030
011 9203300-01 SOLPAC Sub,"de @ Mal"te"a"ce & Shop, Bid" 12,192
012 9203300-01 SOLPAC B'ace. Sawcut & Remove @ Pit Seco"d Ope"'"" 2,169
013 9203300'01 SOLPAC Boace & Backfill @ Adml" 5,122
014 9203300-01 SOLPAC Re,et Fuel "'a"d Cu'b 1,836
Lf
.---..-.- ,,-----....-.-
015 9203300-01 SOLPAC Added Footings @Admln Ent,., Canopy 1.488
016 9203300-01 SOLPAC CIP Wall Ele,atlon Change @ Maintenance 1.698
001 9205120-02 WSI Maintenance B"Hding Catwalks. Gcatlng and Stalc Pan/F"e( 49,868
Building Gcating
005 9210000,01 OGA Repaic/Replace Ceiling THe @ Admin 2,476
013 9215000-01 LGSMTL Repaic existing Aic O","bution @ Admin 17.770
014 9215000-01 LGSMTL Relocate The""ostats @ Admin (3) 502
015 9215000-01 LGSMTL Repaic Existing Exhaust Fans @Admln 1.009
019 9204150-01 FABER Mason,., Retaining Wallinfill 1.936
020 9204150-01 FABER Repalc New Neutcallzatlon Tank -6.095
021 9204150-01 FABER Deduct - CIP Wall Ele,ation Change @ Maintenance -1.698
003 9209900-01 PECORARO Facia & Coping Painting 9432
025 9215400-01 MHP Add Ocalnage Behind Fuel Bldg & Mo,e Roof Ocain @ Admin 3,636
026 9215400-01 MHP Repaic New Neutcallzatlon Tank 6,095
027 9215400-01 MHP Replace Existing Showec HeadslTollet Seats 790
041 9216000-01 HELIX ELEC CoITOctions to Flce Monitoclng System 7.312
--~.._---,-, -----
Change Orders For Approval by City Council February 12, 20021
1}1 Highland Attachment B
Chula Vista Corp Yard Highland Partnership, Inc
1800 Maxwell Rd
Chula Vista, CA 91910
""~,,._""'i'.'.. omrni'II" .,~,.".."... """""'1m1
008 09202211-01 FJW<LLERT G'adlng Fa, Pa"ng - Change, Pe, Re, 7a 213.570
007 09202211-01 FJW(LLERT Import, Export, Backft (, Place B.,e @ Vano", Location' 57,678
--" '-"'--- ---'-- ."...-
RESOLUTION NO. 2002.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF
THE PUBLIC WORKS OPERATIONS FACILITY AND
CORPORATION YARD, LISTED ON ATTACHMENT A, AND
AUTHORIZING STAFF TO PROCESS UP TO AN ADDITIONAL
$250,000 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 project with a single change order value not exceeding
$50,000 and a cumulative value of up to $250,000; and
WHEREAS, the policy permits the City Manager to exceed the
limits if delay of the approval, would cause a delay in the "Critical
Path" schedule of the project; and
WHEREAS, this resolution will ratify staff's recent actions in
approving change orders valued at $428,760 listed on Attachment A; and
WHEREAS, staff is seeking authorization to process up to an
additional $250,000 for change orders in accordance with policy outlined
above.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby ratify City staff's action on approving change
orders valued at $428,760 associated with the construction of the Public
Works Operations Facility and Corporation Yard listed on Attachment A,
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
Andy Campbell
Director of Building and
Park Construction
[J. \ATTORNEY\RESO\ CorpYard14 (January 31, 2002 la.23AM)]
'fJ:¡
RESOLUTION NO. 2002.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CHANGE ORDERS FOR
F. J. WILLERT FOR $57,678 AND $213,570, BOTH
ASSOCIATED WITH THE CONSTRUCTION OF THE
PUBLIC WORKS OPERATIONS FACILITY AND
CORPORATION YARD LISTED ON ATTACHMENT B, AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE SAID CHANGE ORDERS
WHEREAS, the Corporation Yard Project involves the
renovation and expansion of an existing facility that the City
intends to use as its future Public Works Operations Facility
and Corporation Yard; and
WHEREAS, this Project is being constructed through the
Construction Manager Constructor (CMC) process through which the
City awards multiple individual contracts to each specific trade
rather than to one general contractor; and
WHEREAS, two change orders to F. J. Willert in the amount
of $57,678 and $213,570 are necessary to cover the demolition,
removal, grading and import and placement of sub-base material
associated with the revised paving plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
city of vista does hereby approve Change Orders for F. J.
Willert for $57,678 and $213,570, both associated with the
construction of the Public Works Operations Facility and
Corporation Yard listed on Attachment B.
BE IT FURTHER RESOLVED that the City Manager or his
designee is hereby authorized to execute said change order on
behalf of the City of Chula vista.
Presented by Approved as to form by
Andy Campbell
Director of Building and
Park Construction
J, \Attorney\Corp Yard CO Willert. doc
4- -10
Council Agenda Statement
"'}
Meeting Date Tuesday, February 5, 2002
ITEM TITLE: Resolution Awarding an Agreement in an Amount Not to
Exceed $90,000 to Solana Recyclers, Inc., for Household Hazardous Waste
Public Information Services in Accordance with Terms and Conditions of the
County of San Diego, RFP #20075, and Authorize the Mayor to Execute all
Documents in Conjunction with Implementing the Agreement.
r
SUBMITTED BY: Michael T. Meacham, Special Operations Manager~
REVIEWED BY: David D. Rowlands, Jr., City Manage¿-tv ^'
t"V' (4/5ths Vote Yes - No ~
BACKGROUND: The City has applied for and been awarded a regional grant for Household
Hazardous Waste Program in the amount of$300,000. The grant is designed to serve residents of
Chula Vista, Imperial Beach and National City through March of2003. Staff coordinated the grant
application with the County and North County cities that also received $300,000 grant awards. It was
the intent of all three sub-regional applicants to pool funds committed to Public Education to develop
one consistent public education message to better serve all county residents. The $300,000 in grant
funds has been appropriated and no additional appropriation is being requested. Staff is requesting
authorization to award and execute an agreement for public education services that will be funded by
the grant.
RECOMMENDATION: Adopt the resolution as submitted to develop a consistent public education
campaign for county residents that includes services for Chula Vista and other South Bay residents.
BOARD AND COMMISION RECOMMENDATION: The household hazardous waste program is
part of the Household Hazardous Waste Element that was reviewed and approved by the Resource
Conservation Commission as part of the Integrated Waste Management Plan.
DISCUSSION: The $300,000 grant from the California Integrated Waste Management Program
dedicates $90,000 to public education services. That $90,000 is being pooled with two additional
public education grants dedicating $90,000 from grants awarded to the County and Encinitas to serve
other sub-regions in the County. Chula Vista's portion of the funds will focus on providing the agreed
upon services to Chula Vista, Coronado, Imperial Beach, National City and the unincorporated areas of
South Bay.
The program objectives ofthe grant are:
1. To promote behaviors of primary consumcrs that will result in the reduction of residentially-
generated hazardous waste, and the propcr disposal of such waste:
y Development and distribution of specific printed informational materials (Fact sheets, a
"Moving" Brochure, Billing Inserts and Flyers.
y Coordination with retailers on development/expansion of point of purchase campaign to
disseminate information on source reduction and safer alternatives at the retail centers.
y Create, Publish/Distribute advertisements for existing services (Eg. Print ads, Movie trailer
ads)
-..--....,---------- - -
Item I)
Meeting Date: February 5, 2002
2. To semi-annually update and modify the appropriate infonnation for each participating
jurisdiction on the national l-800CLEANUP website and hotline to accurately reflect the
household hazardous waste, electronic Waste, used oil and curbside recycling services provided
by the jurisdiction and the regional programs, in order to facilitate acquisition of services by
residents.
3. Contractor must develop a methodology for measuring the effectiveness of its program in
increasing public awareness ofHHW services, and reducing the overall generation ofHHW.
Solana Recyclers was selected as the County's regional service provider in a competitive process
managed by the County of San Diego's Purchasing Officer and the County Department of
Environmental Health. Council's adoption of this Resolution will fulfill Chula Vista's initial
recommendation to pool funds and create a countywide regional program that would provide a more
consistent and comprehensive public message. This is a cooperative agreement, which enables our
participation in accordance with the Chula Vista Municipal Code Section 2.56.140 and Resolution
#6132. This section of the municipal code allows the City to purchase goods or services from a vendor
under the price and conditions that result from a competitive process completed by another San Diego
or state public agency. The Chula Vista Purchasing Agent has reviewed the document prepared as part
of the County's competitive process and concurs with this recommendation. The agreement is
documented using the City's standard two-party consulting agreement. Compensation will be paid out
of a $90,000 fixed fee, payable monthly based on progress towards completion of specified
deliverables.
FISCAL IMPACT: Council's action to approve the resolution as submitted would have no impact on
the general fund. All costs from the proposed $90,000 agreement with the proposed contractor are
funded by a $300,000 grant from the CA Integrated Waste Management Board. Any administrative
costs for implementing the grant are part of the existing budget and funded by the City AB 939 fee
collected from solid waste and recycling billing surcharges.
5
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING AN AGREEMENT IN AN AMOUNT
NOT TO EXCEED $90,000 TO SOLANA RECYCLERS,
INC., FOR HOUSEHOLD HAZARDOUS WASTE PUBLIC
INFORMATION SERVICES IN ACCORDANCE WITH TERMS
AND CONDITIONS OF THE COUNTY OF SAN DIEGO, RFP
#20075, AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING
THE AGREEMENT
WHEREAS, the city has been awarded a $300,000 grant from
the California Integrated Waste Management Program which dedicates
$90,000 to public education services; and
WHEREAS, Chula Vista's portion of the funds will focus on
providing the agreed upon services to Chula Vista, Coronado,
Imperial Beach, National City and the unincorporated areas of South
Bay; and
WHEREAS, the program objectives of the grant are:
. To promote behaviors of primary consumers that will result in
the reduction of residentially-generated hazardous waste, and
the proper disposal of such waste.
. To semi-annually update and modify the appropriate information
for each participating jurisdiction on the national 1-800-
CLEANUP website and hotline.
. To develop a methodology for measuring the effectiveness of
its program in increasing public awareness of HHW services,
and reducing the overall generation of HHW.
WHEREAS, Solana Recyclers was selected as the County's
regional service provider in a competitive process managed by the
County of San Diego's Purchasing Officer and the County Department
of Environmental Health; and
WHEREAS, Council's adoption of this resolution will
fulfill Chula Vista's initial recommendation to pool funds and
create a countywide regional program that would provide a more
consistent and comprehensive public message; and
5..3
WHEREAS, in accordance with Chula Vista Municipal Code
Section 2.56.140 and Resolution No. 6132, the City is allowed to
purchase goods or services via a cooperative agreement.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby award an agreement in an amount
not to exceed $90,000 to Solana Recyclers, Inc., for Household
Hazardous Waste Public Information Services in accordance with
terms and conditions of the County of San Diego, RFP #20075, and in
the terms presented in the draft agreement, a copy of which shall
be kept on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute the agreement in a
final form approved by the City Attorney.
Presented by Approved as to form by
"
r~) \6k"", - . '?- ,,::l~:~,,~
Mlchael T. Meacham
Special Operations Manager
[J'IATTORNEYIRESOISolaoa Reoylm (Joo",ry31,2002(1011AM)]
-2-
5-tf
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Solana Recyclers INC.
for Household Hazardous Waste Public Education
and Outreach Services
This agreement ("Agreement"), dated January 30, 2002 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, the City has received a $300,000 Household Hazardous Waste (HHW)
grant from the California Integrated Waste Management Board (CIWMB) ; and,
Whereas, the City has dedicated $90,000 of those funds to develop the South
Bay component of a county wide public education program in conjunction with the
County and City of Encinitas who have received similar grants and represent other sub-
regions of the county; and,
Whereas, the County has selected Solana Recyclers to provide public education
services as a result of a competitive request for proposal process (RFP), and
Whereas, Chula Vista and Encinitas staff have agreed to recommend the use of
the same contractor to provide the same services and continuity throughout the county,
and
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties;
1. To promote behaviors of primary consumers that will result in the reduction of
residentially-generated hazardous waste, and the proper disposal of such waste
through the distribution of Fact sheets, a "Moving" Brochure, Billing Inserts and
Flyers, the development and/or expansion of point of purchase campaign and
create, publish and distribute advertisements for existing services.
2. To semi-annually update and modify the appropriate information for Chula Vista,
Coronado, Imperial Beach and National City on the national 1-800CLEANUP
website and hotline to accurately reflect the household hazardous waste, electronic
Waste, used oil and curbside recycling services provided by the jurisdiction.
3. Contractor must develop a methodology for measuring the effectiveness of its
program in increasing public awareness of HHW services, and reducing the overall
generation of HHW.
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
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D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
which names City as an Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats the employees of the
City in the same manner as members of the general public ("Cross-liability Coverage").
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
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may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
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Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
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5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
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C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
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Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third
party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the
City, its officers, agents or employees in defending against such claims, whether the
same proceed to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's
obligations under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
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project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
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negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
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or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
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If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 12
5-1(;,
JAN-3\-02 THU \2:48 PM SOLANA RECYCLERS F AX NO. 1-760-436-8263 P. 2
Signature Page
to
Agreement between City of Chula Vista and Solana Recycler INC.,
for HHW Public Education and Outreach Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,2002 City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated:
Exhibit List to Agreement
() Exhibit A.
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 13
?*!7
Exhibit A
to
Agreement between
City of Chula Vista
and
Solana Recyclers INC.,
1. Effective Date of Agreement: January 8, 2002
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: , a [insert
business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Solana Recyclers INC.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
137 N EI Camino Real
Encinitas, California 92024
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 14
6-12
Voice Phone (760) 436-7986 Ext 12
Fax Phone (760) 436-8263
7. General Duties:
To promote behaviors of primary consumers that will result in the reduction of
residentially generated hazardous waste, and the proper disposal of such waste:
~ Development and distribution of specific printed informational materials (Fact
sheets, a "Moving" Brochure, Billing Inserts and Flyers.
~ Coordination with retailers on development/expansion of point of purchase
campaign to disseminate information on source reduction and safer alternatives
at the retail centers.
~ Create, Publish/Distribute advertisements for existing services (Eg. Print ads,
Movie trailer ads)
To semi-annually update and modify the appropriate information for Chula Vista, Coronado,
Imperial Beach and National City on the nationa11-800CLEANUP website and hotline to
accurately reflect the household hazardous waste, electronic waste, used oil and curbside
recycling services provided by the jurisdiction and the regional programs, in order to
facilitate acquisition of services by residents.
Contractor must also develop a methodology for measuring the effectiveness of its program
in increasing public awareness of HHW services, and reducing the overall generation of
HHw.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: (See Attachment A)
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables: (See Attachment B)
D. Date for completion of all Consultant services:
March 30, 2003 unless at the City's sole discretion, the agreement is
extended up to but no later than September 30, 2003.
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 15
-ICt
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: (Intentionally Omitted).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $90,000, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
(X) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 16
5-20
B. () Phased Fixed Fee Arrangement. (Intentionally Omitted)
C. () Hourly Rate Arrangement (Intentionally Omitted)
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs.
Cost or Rate (Intentionally Omitted)
13. Contract Administrators:
City: Mike Hice, Solid Waste Specialist
Consultant: Jacy Davis, Executive Director, Solana Recyclers
14. Liquidated Damages Rate:
(X) $50.00 per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer (Intentionally Omitted)
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
I Love A Clean San Diego
Laurie K. Hansel, Executive Director
(858) 467-0103
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 17
5-2\
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 28181-6401
19. Security for Performance
(X) Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services
( ) Other:
2pty14 Standard Form Two Party Agreement (Fourteenth Revision)
Page 18
6-2.2-
RFP 20075
Attachment A
HOUSEHOLD HAZARDOUS WASTE PUBLIC EDUCATION
Grant # HD9-01-4833
Scope of Work
I. INTRODUCTION
The City of Chula Vista in partnership with the Cities of Coronado, Imperial Beach and National
City, requires the services of an experienced non-profit corporation to develop and implement
public education and information services to supplement and promote existing Household
Hazardous Waste (HHW) services for the period of January 8, 2001 through March 31, 2003.
The City will utilize funding from the California Integrated Waste Management Board
(CIWMB) to establish a regional public education program to facilitate the acquisition of
Household Hazardous Waste related information and services by the public. The amount of the
contract shall in no event exceed $90,000.
It is intended and required that the services and supplies to be provided under the proposed
contract be made available to the North and East County sub-regions in addition to any other
public agency (i.e., city, district, public authority, public agency, municipality and other political
sub-division or public corporation of California) located in San Diego County at the same costs
as negotiated by the award made as a result of this solicitation. The above "named sub-regions
intend to contract like services for approximately $90,000 each. The City shall incur no financial
responsibility in connection with purchase order issued by another public agency. The public
agency shall accept sole responsibility for placing order or payments to the vendor.
This contract will combine pollution prevention/source reduction efforts and information on
appropriate disposal options to form a coordinated community outreach and education program,
which will be consistent throughout the county. The focus of this contract shall be source
reduction, proper disposal, and recycling options and will target the primary consumers ofHHW
including Electronic Wastes and Universal Wastes. This contract shall also include promotion of
the development of a market for less hazardous products. There are four separate elements in
this contract, including:
1. Point of Purchase (POP) Campaigu
2. Media & Advertising
3. Publications
4. Program Evaluation
II. GENERAL
A. Work to be Performed - Overview
1. Contractor shall develop and present a consolidated public education campaign focused
on source reduction and proper disposal and recycling of household hazardous waste.
This campaign will encompass a subregion-wide point-of-purchase program; specified
publications; media campaign; and program evaluation. The selected program contractor
Page 10f8
is -2;5
RFP 20075
will also be responsible for comprehensive semi-annual updates to national telephone
referral service and website (1800-CLEANUP) for each participating jurisdiction.
2. Contractor shall obtain active conununity participation in the development and
implementation of program efforts and work with a subconunittee of regional HHW grant
administrators (Subcommittee) to generate in-kind support fÌom local retailers,
community groups, and business and industry to ensure program success.
3. The target audience for this program shall be residents of the South Bay region, with
specific focus on the following jurisdictions:
. Chula Vista . Imperial Beach
. Coronado . National City
4. Contractor is required to be knowledgeable of existing Household Hazardous Waste
programs, jurisdictional Household Hazardous Waste Elements, and the San Diego
Municipal Storm Water Permit, and ensure the public education campaign is consistent
with these requirements. These items shall be incorporated into the contract.
5. Contractor shall work with the Subcommittee to coordinate the development of materials
and update of the hotline as to compliment Pollution Prevention, Municipal Storm Water
Permit requirements, Regional Water Quality Control, Solid Waste and Recycling, and
other related programs that jurisdictions may require to implement HHW programs as a
part of a comprehensive prevention or response program.
B. Program Obiectives
1. To promote behaviors of primary consumers that will result in the reduction of
residentially-generated hazardous waste, and the proper disposal of such waste:
}o Development and distribution of specific printed informational materials (Fact sheets,
"Moving" Brochure, Billing Inserts/Flyers
}o Coordination with retailers on development/expansion of point of purchase campaign
to disseminate information on source reduction and safer alternatives at the retail
centers.
}o Create, PublishlDistribute advertisements for existing services (Eg. Print ads, Movie
trailer ads)
2. To semi-annually update and modify the appropriate information for each participating
jurisdiction on the nationall-800CLEANUP website and hotline to accurately reflect the
HHW, Electronic Waste, Used Oil and Curbside Recycling services provided by the
jurisdiction and the regional programs, in order to facilitate acquisition of services by
residents. (1-800CLEANUP will be promoted on outreach materials, but will be used to
refer residents back to existing local program hotlines and appointment lines).
3. Contractor must develop a methodology for measuring the effectiveness of its program in
increasing public awareness of HHW services, and reducing the overall generation of
HHW.
Page 2 of8
6 - 2.t.f
RFP 20075
C. Definitions
For purposes of this program, the following definition shall apply:
1. CIWMB- (The California Integrated Waste Management Board) - A state agency with
primary responsibility for implementing the California Integrated Waste Management
Act.
2. Electronic Waste - (E. Waste) Any electronic products that are either no longer useable
or otherwise obsolete. (May include computer equipment, monitors, small appliances,
etc.)
3. Hazardous Material - Any substance or mixture of substances which is toxic, corrosive,
flammable, an irritant, a strong sensitizer, or generates pressure through decomposition,
heat or other means, if such a substance or mixture of substances may cause substantial
injury, serious illness or harm to humans, domestic livestock, or wildlife.
4. Household Hazardous Material - A hazardous material used to maintain a residence.
Examples are paint and paint related materials; yard and garden products; household
cleaners; used oil, auto fluids, auto batteries and oil filters; and household batteries.
5. Household Hazardous Waste - A household hazardous material that no longer has a use
and is intended to be discarded.
5. Pollution Prevention - Practices that reduce or eliminate the amount of pollutants
generated, or released into the environment.
6. Point of Purchase (POP) - The shelves or counters of Retail outlets where consumers
select products prior to make purchases.
7. POP Centers - Retail outlets, shops and stores chosen to be official points of contact
where POP Campaign information will be disseminated to the public and community
involvement will be encouraged.
8. Primary Consumers - The person or persons that purchase a household hazardous
material, electronics, or materials that may become "Universal Waste."
9. Universal Waste - any of the following that are exempt from classification as a
hazardous waste pursuant to Section 66261.9 of the California Code of Regulations:
a) Batteries
b) Mercury thermostats
c) Fluorescent Lamps and Tubes
d) Cathode Ray Tube materials
Page 3 of 8
5-Z6
RFP 20075
D. Program Responsibilities
1. Contractor is responsible for coordinating all contract activities, including any
subcontracted portions of this contract.
2. Contractor must coordinate the public education activities with current and ongoing (i.e.
non-contracted and otherwise contracted) HHW outreach efforts via continual
connnunication with the Subconnnittee.
3. The City may reserve the right to hold back 10% of final payment until all documents
related to the contract have been produced and approved.
4. Contractor shall be responsible for the preparation of all information and materials used
in the outreach program and "Point of Purchase" Campaign (see Scope of Work Items
Defined, Section C).
a. Media plans, including specific media, e.g. specific radio station, market reach,
demographics and market share, must be presented for approval prior to the
contractor entering into any subcontracts.
b. Each publication and media piece must be submitted to the City for approval prior to
final development.
c. At least five (5) hard copy originals and electronic copies, as well as the camera-
ready art work for any printed materials, and an electronic copy for any video or radio
productions shall be provided to the City for each media product. All work products
shall be the property of the City and its partner jurisdictions including but not limited
to the CA Integrated Waste Management Board.
5. Contractor must submit all work products, including all drafts as requested by the City
for review and approval prior to implementation into the program.
6. Contractor will be required to warrant the accuracy of any Spanish translation required.
E. Program Equipment & Materials
1. Except as provided in the Scope of Work or otherwise noted herein, the contractor shall
furnish all labor and equipment to perform all the tasks relating to this contract.
2. Contractor shall furnish all materials, such as office items and general office equipment,
to efficiently fulfill the tasks described in this scope of work.
F. Publicity
1. No material may be published or released to the public by the contractor without prior
written approval by the City. The City shall not be responsible for payment for any
activities or publications provided without prior approval. The City shall require a
Page 4 of 8
5-2{"
RFP 20075
minimum of ten (10) working days prior to contractor due dates for review of any
material submitted for approval. All items must include the following:
a. Specific information on HHW recycling/disposal
b. The 1-800CLEANUP referral hotline number (& Web site when appropriate)
c. Acknowledgement of the California Integrated Waste Management Board
(CIWMB) Funding that reads "Funded by a grant from the California Integrated
Waste Management Board" and credit to the San Diego Regional HHW Program
Partnership.
d. At least fifty percent recycled content, with at least ten percent of that being post-
consumer material.
If specific public agency or program logos are required on materials at the request of the
City, camera-ready artwork and/or electronic files will be provided to contractor by the
City.
2. All copyrights, trademarks, original artwork, and reproduction masters developed under
this contract are the property of the Regional HHW Program Partnership and the
CIWMB. Contractor must provide trademark or service mark searches indicating the
availability of such proposed marks, and must provide the City specific releases for all
rights to trademarks, service marks and copyrights.
G. Program Monitoring and Reporting
1. Contractor shall maintain accurate records of all work performed for this contract. This
shall include copies of incoming and outgoing correspondence, news releases, telephone
log sheets, monthly telephone bills, and all items related to purchases and services
provided in the performance of this contract. These documents shall be retained in the
Contractor's permanent file and shall be available for inspection and audit by the City or
its designee during the term of this contract and for a period no less than one year after
the end of the term and all extensions thereof.
2. Contractor shall submit to the designated City contract administrator at least quarterly
invoices, brief written progress reports, and requested documentation for all contract
tasks processed during the preceding quarter. The progress reports shall at a minimum,
contain the following:
a. Actual audience exposure, e.g. audience size, demographics, number of placements,
time of day and name of program (radio, TV).
b. The progress report shall include a chart or graph demonstrating the percentage of
the project completed for each task payment is requested.
c. A narrative review of progress made during the quarter being reported written in a
format approved by the City. This should outline accomplishments, any problems
encountered as well as solutions to problems, and a list of deliverables scheduled and
delivered. If deliverables are distributed to the public or specified education agencies
Page 5 of 8
6-27
RFP 20075
in the South Bay, the Contractor shall provide a distribution list of all deliverables
distributed.
d. Contractor shall present a quarterly project time-line approved by the City for all
projects, éarmarking project milestones and expected completion dates.
3. Subsequent to contractual award the Contractor shall submit to the City for review and
approval a detailed program plan for the contract period based on program time-line
provided by the City.
4. Contractor must be capable of adjusting the original performance requirements when
requested by the City and budget outlined in this Scope of Work to accommodate
unforeseen developments in program goals and design that may take place during the
contract term.
5. All reports produced, or distributed by the Contractor shall be on recycled paper, with a
minimum content of 10% post-consumer material with the statement "Printed on
Recycled Paper".
III. SCOPE OF WORK ITEMS DEFINED
A. Point of Purchase (POP) Campaign
1. Contractor must recruit a minimum of 40 stores in the above-listed jurisdictions to be
official "POP Centers" to disseminate educational information and encourage
community involvement. The POP Centers shall be dispersed throughout the target
area.
2. The POP campaign shall include a pollution prevention theme including the
promotion of safer alternatives to household hazardous materials, buying only what is
needed and recycling or donating unused products.
3. Contractor shall develop and distribute "in-store" materials at retail purchase sources
(In-Store display units, shelf tags, posters, printed shopping bags, etc.).
4. Contractor shall be responsible for keeping materials stocked in participating stores.
5. Contractor shall propose innovative ways to leverage funds through an emphasis on
in-kind support, contributions and community involvement or the modification of
similar campaigns implemented in other counties.
B. Media & Advertising
1. Contractor shall develop and implement a media plan to promote household
hazardous waste collections and pollution prevention in the targeted communities.
Page 6 of 8
5-2?
RFP 20075
(e.g.; radio, newspaper ads, press releases, public service announcements (PSA's),
advertisers, publications etc.).
2. The media plan shall include a media campaign to direct residents to POP centers.
3. The media plan is subject to review and approval by the City.
C. Publications
1. Fact Sheets: "The Home Environment Series" 1-9 - The Contractor shall revise
and publish the previously produced HHW fact sheets or a modification thereof.
2. Moving Guide: Guide for residents on how to minimize and/or properly manage
and dispose ofHHW during or resulting from a move.
3. Point of Purchase Materials: As listed above, materials to be distributed "in-store"
such as shelf tags, store display units, etc.
4. Solid Waste Bill Inserts: Promotional flyers to advertise proper disposal options
for HHW and E-waste
5. Contractor shall develop and implement an Outreach Plan to distribute
publications to the target community.
D. Program Evaluation
1. Contractor shall develop an evaluation plan to measure the success of contract
activities, and whether or not the objectives have been meet.
2. The evaluation plan shall measure direct impact on participants and is subject to
review and approval by the City. This plan shall include, but is not limited to,
behavioral evaluation of knowledge, attitudes, and skills.
Page 7 of 8
5-2-~
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5-30
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/05/02
ITEM TITLE: Resolution waiving the consultant selection process,
awarding a contract to Carrier Johnson for the preparation of a
conceptual design plan and other necessary plans and
documents required for the City's submittal of a grant
application under the Proposition 14: California Reading and
Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2000 for the Rancho del Rey Library,
and authorizing the Mayor to execute said agreement
SUBMITTED BY: Deputy City Manager palm~
{;'(, ,.¡
REVIEWED BY: City Manager J,J (7' (4/5ths Vote: Yes - No ~
At its August 28, 2001 meeting, the City Council accepted a report on the Rancho del
Rey Library and directed statT to prepare a "California Reading and Literacy
Improvement and Public Library Construction and Renovation Bond Act" (Bond Act)
grant application for the construction of this Library. In that report, staff indicated that
the City would be working toward submittal of a grant application for the first funding
cycle, with applications due June 14, 2002. The Final Rules and Regulations for the
Bond Act grant application were released in late fall. Using this document as a template
for the proposed scope of work for the hiring of an architect, statT prepared a Request for
Proposals/Qualifications (RFP), which was sent out in mid-December, using a modified
selection process. Carrier Johnson was chosen by a selection committee as the proposed
architect for the design of a concept plan and the preparation of needed documents for the
Bond Act grant application.
RECOMMENDATION: That the City Council adopt the resolution waiving the
consultant selection process, awarding a contract to Carrier Johnson for the preparation of
a conceptual design plan and other necessary plans and documents required for the City's
submittal of a grant application under the Proposition 14: California Reading and
Literacy Improvement and Public Library Construction and Renovation Bond Act of
2000 for the Rancho del Rey Library, and authorizing the Mayor to execute said
agreement.
BOARDS/COMMISSION: At its August IS, 2001 meeting, the Library Board of
Trustees re-confirmed its support of applying for Bond Act funds to construct the Rancho
del Rey Library.
The Chair of the Library Board of Trustees was a member of the interview panel for the
selection of the architect.
'-'-".'-.-'-"--- _.,-,,-
Page 2, Item ~
Meeting Date 02/05/02
DISCUSSION:
BACKGROUND
Bond Act Final Rules and Regulations
The Bond Act Final Rules and Regulations call for the preparation and submittal of the
following documents for the proposed Rancho del Rey Library: a) a conceptual design
plan; b) a Needs Assessment to show the need for the proposed library; c) a Plan of
Service, based on a Library Strategic Plan, to show what services will be provided to the
community; d) a Building Program to show how the service areas will be laid out in the
building and what the furniture and furnishings requirements will be; e) environmental
documents to show that all CEQA requirements have been met; and f) a cooperative
agreement with a K-12 school district regarding the joint venture or joint use project,
which is highly recommended in the grant. City staff has been working with consultants
on items b-e, and with the Chula Vista Elemertary School District (CVESD) staff on
item f, and will be bringing forward these documents to Council for Council
consideration at various times in the near future and which will be shared with the
architect in the development of the concept plan.
The grants will be awarded based upon a competitive application process. Applications
for the first funding cycle are due June 14, 2002. In the first funding cycle, the Bond
Board will award grants totaling no more than $150 million. Applications for the second
funding cycle will be due on March 28, 2003. In that second cycle the Board will award
grants totaling no more than $110,000,000. All remaining funds will be awarded in a
third funding cycle, for which the applications will be due on January 16, 2004.
The bond will reimburse 65% of all eligible costs for those jurisdictions receiving a grant.
The primary costs that are not eligible for reimbursement are books and staff (in-house)
administrative and project services. As a result, Chula Vista has the potential to receive
an estimated $6+ million in bond act monies to offset construction costs. The City would
be obligated to pay the remaining estimated $6+ million from the Public Facilities
Development Impact Fee or in-kind General Fund staff costs.
One important caveat is that the bond application process will be very competitive. The
State Library has identified some 215 potential applications during the three cycles, at an
estimated cost of almost $2 billion. The State Library estimates that based on these
numbers, approximately 60-70 projects will be funded, or that cities and counties have a
I in 4 chance of being funded. Therefore, there are no guarantees that Chula Vista will
necessarily be successful. However, we can point to the City's previous success with the
South Chula Vista Library, which was built as a result of a similar endeavor.
Joint Venture with CVESD
One of the hallmarks of the Bond Act is that it strongly encourages cooperation between
public libraries and public K-12 school districts. These joint-use projects may be one of
two types, either a co-located library or joint-venture project. As a result, and as
to
Page 3, Item -'z......
Meeting Date 02/05/02
indicated in the August 28, 2001 report, the public library and CVESD staff have been
discussing the delivery of cooperative library services in a joint-venture project, since
early Winter 2001. As previously indicated to Council, the original proposed joint.
venture project was a Subject Specialty Learning Center based upon the model used at
the Nature Center and the Olympic Training Center. The Library and the District
envisioned a full-time teacher based at the public library to deliver a physical, cultural,
and historical geography curriculum based on the Sweetwater River Valley and South
Bay Canyons.
However, based on discussions with the public and staff during the Library Strategic Plan
process, comments expressed by the public during the Needs Assessment public process,
and in discussions with CVESD staff, a new, more exciting idea has emerged - an early
childhood education center (ECE) or kindergarten 'readiness program. The purpose of the
ECE will be to prepare pre-kindergarten children for a lifetime of reading, by giving
parents and caregivers interactive pre-reading skills with their 0-5 year old children in a
creative, professional, resourceful, and nurturing environment. Details of the program
are still being worked out. which will be incorporated in the Plan of Service and Building
Program for the proposed library and which will be shared with the architect to
incorporate in the concept plan. The City Manager and the Superintendent of CVESD
have signed a Letter of Intent regarding this program and other joint programs as shown
below.
The Library's Literacy Team LEAP program that tutors elementary school children in
reading would have a regular schedule at this new library. Rancho del Rey Library
would also become the home base for the growing STRETCH and DASH after school
programs with the library having an in-and-out depot for efficient delivery of supplies to
the school sites.
CONCEPT DESIGN PLAN AND ARCHITECT SELECTION
Proposed Scope of Work
The scope of work for the Architect is based on the requirements of the Final Rules and
Regulations for the Bond Act and on thc infonnation presented above, and includes, but
is not limited to, the following, as shown in the attached contract with Carrier Johnson
(Attachment A):
. Preparation of conceptual plans consisting of the following:
0 An area plan showing the library site in context with the surrounding
neighborhood building, parking, public transit stops, and streets. The
plans and documentation must demonstrate that the architectural design is
compatible with the scale and character of the surrounding neighborhood.
0 A site plan showing the library building, automobile and bicycle parking,
access roads, bicycle and pedestrian pathways, and library outdoor space
for gatherings and play.
"--,,. ---'----. .-.,.-'
Page 4, Item ~
Meeting Date 02/05/02
0 A floor plan (single line drawing) identifYing by name the major
programmed areas for the library, including non-assignable spaces. Each
area must show the assignable square footage called for in the Library
Building Program and the actual square footage allocated on the floor
plan.
0 Two sections through the building, one longitudinal and one latitudinal.
0 Two elevations, with one elevation being the front of the library building.
0 Outline specifications describing the type and quality of building systems,
basic components, and components unique to the project. The
specifications shall contain references to any applicable section of State
statues and State building codes.
0 Preparation of a projected construction cost estimate that is based on the
conceptual plans and has been prepared by an architect, engineer, or construction
cost estimator.
0 Calculation of the square footages of the Library Site.
0 Discussion of measures (such as building design, solarürientation, materials,
mechanical systems, natural ambient lighting) planned to reduce energy
consumption and operating costs for the Library.
. Preparation of the Library Project budget.
. Preparation of the eligible and ineligible site development costs.
0 Provision of a project timetable, with estimated dated of completion.
0 Assistance to the City in compiling the Bond Act grant application packet to meet
the deadline of June 14, 2002,including packaging the application, preparing
covers, dividers, graphics, and other items as needed to make a complete,
professional looking grant application packet.
0 Meeting with State representatives and City's Lobbyist twice, if needed, to help
promote the Library project.
. Using the Library Building Program, developed by City staff and the City's
Library Consultant, as the basis for designing the floor plan.
0 Attending meetings with City representatives, at a minimum of once per week, if
needed, through June 14,2002, to work through the conceptual plan process and
grant application process.
0 Attending three meetings, or as needed, with the adjacent South Bay Family
YMCA and Fire Department personnel, and Chula Vista Elementary School
District staff regarding the proposed plans.
Page 5, Item ~
Meeting Date 02/05/02
. Developing a minimum of three (3) Site Plan options, two (2) Building Elevation
options, and two (2) Floor Plan options to arrive at a conceptual plan that is
approved by City representatives and pertinent City.
. Attending and conducting a minimum of two public meetings to get input on the
siting of the library and the proposed conceptual plan,
. Presenting draft conceptual plans and final conceptual plan, as needed, at various
City commission meetings, including Library Board of Trustees, Planning
Commission, Design Review Committee. and at the City Council meeting.
Architect Selection Process
As previously indicated, staff used a modified selection process and limited the
circulation of the RFP. due to time constraints and the desire to select a firm with
previous Library design experience. Staff followed the City's selection process with the
exception of advertising the RFP in a local publication. Staff solicited the names of finns
with library design experience from Library staff at the cities of San Diego and Carlsbad,
and the County of San Diego. These finns along with local San Diego County-based
architectural firms who had submitted letters of interest to the Library in the past three
years were sent copies of the RFP. RFPs were sent in mid-December to 15 finns, whose
names are shown in Attachment B. RFPs were subsequently e-mailed to an additional
five finns who had contacted the City, also indicated in Attachment B. As stated in the
RFP, in order to quality, the finn must have designed at least three libraries that were
constructed in the past 10 years, or are currently under construction, one of which must
have been at least 20,000 square feet in size. In addition, the project architect assigned to
the City's project must have designed a least one new library in the past 10 years.
Responses were due on January 7, 2002. Five proposals were received from the
following firms:
. Carrier Johnson
. Dominy + Associates Architects
. NTD Architects
. Roesling Nakamura Architects
. Wheeler Wimer Blackman & Associates
A selection committee comprised of the following staff reviewed the proposals:
. Andy Campbell, Director of Building and Park Construction
. David Palmer, Deputy City Manager/Library Director
. Elizabeth Hull, Deputy City Attorney III
. Samir Nuhaily, Senior Civil Engineer
. Shauna Stokes, Administrative Services Manager
b
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Page 6, Item ..la-
Meeting Date 02105/02
The evaluation criteria was indicated in the RFP and included the following:
. Conformance to the specified RFP format;
. Organization, presentation, and content of the submittal;
. Specialized experience and technical competence of the firm(s), (including
principal firms, joint venture-partners, and sub-consultants) considering the
types of service required; the complexity of the project; record of
performance; and the strength of the key personnel who will be dedicated to
the project;
. Ability to meet the qualifications requirement for the firm and the project
architect
. Proposed proposal to accomplish the work in a timely and competent manner;
. Ability to meet the City's timeline in order to submit the Bond Act grant
application by June 14,2002.
. Knowledge and understanding of the local environment and a local presence
for interfacing with the City;
. Financial resources and stability of the architectural firm.
. Ability to meet the insurance requirements unless City, at its sole discretion,
decides to modifY or waive the insurance requirements.
. Competitive rates.
The committee recommended that NTD Architects and Dominy + Associates Architects
not be interviewed as the committee determined that these firms did not meet the
requirements of the RFP.
The three remaining firms were then invited to personal interviews on January 16. At the
interview they were asked to make a short presentation about their firm and project team,
their library design experience, and their firm's view as to the Library's position in a
community and what their vision was for the Rancho del Rey Library in the Chula Vista
community. The firms were specifically asked to consider the City Council's mission
statement that 'The City of Chula Vista is committed to build and nurture a progressive
and cohesive community which values our diversity, respects our citizens, honors our
legacy and embraces the opportunities of the future" when discussing their vision for the
Rancho del Rey Library. Following their presentations, the firms were then asked a
series of follow-up questions related to design philosophy, experience with library
design, understanding of the scope of work, and expected challenges and opportunities
related to this project.
For the purpose of the interviews, Library Board of Trustees Chair Tris Hubbard replaced
Shauna Stokes on the selection committee. The interview committee used a forced
ranking system to rate the firms. At the conclusion of the interviews, Carrier Johnson
was rated number one. Roesling Nakamura Architects was ranked second and Wheeler
Wimer Blackman was ranked third.
to
Page 7, Item L
Meeting Date 02/05/02
The committee selected Carrier Johnson for the following cumulative reasons:
. Significant library design experience, including the Mira Mesa Branch Library,
the Geisel Library at UCSD, the soon to open Rancho San Diego Branch Library,
and the San Jose State University - City of San Jose joint-use "Main Library"
which is currently under construction
. The overall quality of the presentation by the firm to the committee
. The strength and depth of experience of the project team, especially as it relates to
library design
. The project team's thoughtful approach to the vision of the Rancho del Rey
Branch Library and possible answers to access issues at the library site
. The firm's understanding ofthe requirements of the Library Bond Act
. The ability to produce the final application package
. The firm's fiscal strength
. The passion and commitment to libraries in general, this specific project, and the
City ofChula Vista
The Selection Committee did ask about Carrier Johnson's current workload and whether
that would negatively impact their ability to complete this job. Principal architect
Gordon Carrier explained their firm was a large one, with many design associates. The
projects they are currently working on are at different stages of design and utilize
different members of their team. Mr. Carrier personally assured the Committee that his
firm could and would meet the City's schedule.
Staff is recommending that the City Council waive the consultant selection process of
Municipal Code Section 2.56.110 as impractical for a variety ofreasons. The tight
timeline to complete the concept plan and the grant application by June 14,2002
necessitated an abbreviated process. Additionally, for the above listed reasons, Carrier
Johnson is clearly a qualified team to provide these services. Finally, the modified RFP
process meets the intent of the ordinance and assured the City of a competitive price.
Staff and the selection committee believe that the selection of Carrier Johnson is in the
best interest of the City and the Project.
FISCAL IMPACT: The proposed contract with Carrier Johnson is for $121,660, which
includes $90,245 for the tasks of preparing thc concept plan and other necessary
documents on a phased fixed fee basis, a not-to-exceed amount of$18,9l5 for meetings
and consultation with staff, the public. boards and commissions and the Council on a time
and materials basis, a not-to-exceed amount of$I,500 for meetings, if needed, with State
representatives and City lobbyist on a time and materials basis, and a not-to-exceed
amount of $11 ,000 for reimbursable expenses, based on actual costs for services such as
printing, photocopying, postage, and deliveries of plans. Sufficient funds are available in
the capital project budget for the Eastside Library for this project.
For Council's information, the proposal of Roesling Nakamura Architects was $80,460
plus reimbursables, and the proposal of Wheeler Wimer Blackman & Associates was
$108,000 including reimbursables.
G,-
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS, A WARDING A CONTRACT TO CARRIER
JOHNSON FOR THE PREPARATION OF A CONCEPTUAL
DESIGN PLAN AND OTHER NECESSARY PLANS AND
DOCUMENTS REQUIRED FOR THE CITY'S SUBMITTAL OF
A GRANT APPLICATION UNDER THE PROPOSITION 14:
CALIFORNIA READING AND LITERACY IMPROVEMENT
POLICY AND PUBLIC LIBRARY CONSTRUCTION AND
RENOVATION BOND ACT OF 2000 FOR THE RANCHO DEL
REY LIBRARY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, at its August 28, 2001 meeting, the City Council accepted a report on the
Rancho del Rey Library and directed staff to prepare a "California and Literacy Improvement
and Public Library Construction and Renovation Bond Act" (Bond Act) grant application for the
construction of this Library; and
WHEREAS, staff indicated that the City would be submitting a grant application for the
first funding cycle, with applications due June 14, 2002; and
WHEREAS, the Final Rules and Regulations for the Bond Act grant application were
released in late fall; and
WHEREAS, at its August 15,2001 meeting, the Library Board of Trustees re-confinned
its support of applying for Bond Act funds to construct the Rancho del Rey Library; and
WHEREAS, staff prepared a Request for Proposals/Qualifications (RFP), which was sent
out in mid-December, using a modified selection process; and
WHEREAS, Carrier Johnson was chosen by a selection committee as the proposed
architect for the design of a concept plan and the preparation of needed documents for the Bond
Act grant application for the following reasons:
. Significant library design experience, including the Mira Mesa Branch Library, the
Geisel Library at UCSD, the soon to open Rancho San Diego Branch Library, and the
San Jose State University - City of San Jose joint-use "Main Library" which is currently
under construction
. The overall quality of the presentation by the finn to the committee
. The strength and depth of experience of the project team, especially as it relates to library
design
. The project team's thoughtful approach to the vision of the Rancho del Rey Branch
Library and possible answers to access issues at the library site
. The finn's understanding of the requirements of the Library Bond Act
. The ability to produce the final application package
. The finn's fiscal strength
h-~
. The passion and commitment to libraries in general, this specific project, and the City of
Chula Vista
WHEREAS, staff is recommending that the City Council waive the consultant selection
process of Municipal Code Section 2.56.110 as impractical for a variety of reasons: (I) the tight
time line to complete the concept plan and the grant application by June 14,2002 necessitated an
abbreviated process; (2) for the above stated reasons, Carrier Johnson is clearly a qualified team
to provides these services; (3) the modified RFP process meets the intent of the ordinance and
assured the City of a competitive price and (4) staff and the selection committee believe that the
selection of Carrier Johnson is in the best interest of the City and the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the consultant selection process and award a contract to Carrier Johnson
for the preparation of a conceptual design plan and other necessary plans and documents required
for the City's submittal of a grant application under the Proposition 14: California Reading and
Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for
the Rancho del Rey Library, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City ofChula Vista.
Presented by Approved as to fonn by
John P. Lippitt
Director of Public Works
,,Ia((omeylcesol e",i" Joho>on
b-q
2
Attachment A
Two Party Agreement
between
City of Chula Vista
and
Carrier Johnson
For Preparation of a Concept Plan and Other Necessary Plans and Documents
Required for the City's Submittal of a Grant Application
Under the Proposition 14: California Reading and Literacy Improvement and Public
Library Construction and Renovation Bond Act of 2000
For the Rancho del Rey Library
This Agreement ("Agreement"), dated February 5, 2002 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph I is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the
attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
Paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, on August 28,2001, the City Council directed staff to prepare a "California
Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of
2000" ("Bond Act") Grant Application to help fund the construction of the Rancho del Rey
Library ("Library Project"), on a site ("Library Site") located within a City-owned parcel
("Parcel") situated at the northwest comer of Pas eo Ranchero and East "H" Street; and
WHEREAS, preparation of a concept plan and other necessary plans and documents
("Plan") for the Library Project are required as part of the submittal for the Bond Act Grant
Application; and
WHEREAS, the City determined that it was in need of architectural services to prepare the
Plan; and
WHEREAS. the City initially sent out Requests for Proposals/Qualifications ("RFP") on
December 14, 2001 to 15 local firms who had either expressed interest to the Chura Vista Public
Library in receiving RFPs for library architectural services or who had been listed as designers of
libraries from other local agencies; and
WHEREAS, the City subsequently sent out an additional five RFPs to architectural firms
who had contacted the City; and
WHEREAS, the City received proposals from five architectural firms on January 7, 2002;
and
City ofChu!a Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 Page 1
- ,,-..""..-, """,,---------- ----,-
WHEREA~, a City selection committee reviewed the proposals and selected three finns to
interview: and
WHEREAS, Carrier Johnson was selected by a City interview committee to be hired to
prepare the Plan for the Library Project; and
WHEREAS, time is of the essence in completing this Plan, in order to meet the Grant
Application deadline of June 14,2002; and
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070, competitive bidding
is impractical, and waiving the nonnal consultant selection process is appropriate because of the
short time frame remaining to complete the Plan; and
WHEREAS, Consultant warrants and represents they are experienced and staffed in a manner
such that they are and can prepare and deliver the services required of Consultant to City within the
time frames herein provided all in accordance with the tenus and conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties.
A. General Duties.
Consultant shall perfonn all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and.
B. Scope-of-Work and Schedule.
In the process ofperfonning and delivering said "General Duties", Consultant shall
also perfonn all of the services described in Exhibit A, Paragraph 8, entitled "Scope-
of-Work and Schedule," not inconsistent with the General Duties, according to, and
within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set
forth therein, time being of the essence of this Agreement. The General Duties and
the work and deliverables required in the Scope-of- Work and Schedule shall be
herein referred to as the "Defined Services." Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to
terminate this Agreement.
C. Reductions in Scope-of-Work.
City may independcntly, or upon request from Consultant, from time to time reduce
the Defined Services to be perfonned by the Consultant under this Agreement. Upon
doing so. City and Consultant agree to meet in good faith and confer for the purpose
City ofChu!a Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31. 2002 Page 2
._.,--------,- --..-..----
of negotiating a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services.
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph
II, unless a separate fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care.
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level
of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a
Best's Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by
Consultant, which names City and Applicant as an Additional Insured. and which is
primary to any policy which the City may otherwise carry ("Primary Coverage"), and
which treats the employees of the City and Applicant in the same manner as members
of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General Liability policy.
City ofChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 Page 3
~-I'2-
._,-.._---,. ---
G. Proof of Insurance Coverage.
(I) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of
Certificates ofInsurance demonstrating same, and further indicating that the
policies may not be canceled without at least thirty (30) days written notice to
the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy
endorsement to the City demonstrating same, which shall be reviewed and
approved by the Risk Manager.
H. Security for Performance.
(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled
"Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to the
Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Performance Bond," in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"),
then Consultant shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is in breach of
the terms of this Agreement. The letter of credit shall be issued by a bank,
and be in a form and amount satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Letter
of Credit," in said Paragraph 19, Exhibit A.
City afChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 3 J, 2002 Page 4
(3) Other Security.
In the event that Exhibit A, at Paragraph 19. indicates the need for Consultant
to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Other Security"), then Consultant shall provide to
the City such other security therein listed in a form and amount satisfactory to
the Risk Manager or City Attorney.
I. Business License.
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City.
A. Consultation and Cooperation.
City shall regularly consult the Consultant for the purpose of reviewing the progress
ofthe Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall permit access to
its office facilities, tiles, and records by Consultant throughout the term of the
agreement. In addition thereto, City agrees to provide the information, data, items
and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this Agreement.
B. Compensation.
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph I I, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number
indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 3 ¡, 2002 Page 5
3. Administration of Contract.
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this Agreement.
4. Tenn.
This Agreement shall tenninate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages.
The provisions ofthis section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14. '
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
perfonnance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon
the effect of delays to the work and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant.
A. Consultant is designated as an FPPC filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Refonn
Act conflict of interest and disclosure provisions, and shall report economic interests
to the City Clerk on the required Statement of Economic Interests in such reporting
categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then
as detennined by the City Attorney.
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 6
"-'" .._..._-,,--
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPL filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by
the Fair Political Practices Commission, and has determined that Consultant does not,
to the best of Consultant's knowledge, have an economic interest which would
conflict with Consultant's duties under this Agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a
conflict of interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of
City if Consultant learns of an economic interest of Consultant's which may result in
a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subj ect matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connection with Consultant's performance of
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 7
.. -...-- ..-----.-'---...- -.-.-
this Agreement. Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of
this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities
under this Agreement except with the written permission of City.
7. Indemnification and Hold Harmless Agreement.
7.1 With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed
to be caused by the acts or omissions of the Consultant, or Consultant's employees,
agents. and officers, arising out of any services performed involving this project, except
liability for Professional Services covered under Section 7.2, the Consultant agrees to
defend, indemnifY, protect, and hold harmless the City, its agents, officers, or employees
from and against all liability. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers,
or any third party. The Consultant's duty to indemnifY, protect and hold harmless shall
not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
7.2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnifY, defend and hold harmless the City, its agents, officers
and employees from and against any and all liability, claims, costs, and damages,
including but not limited to, attorneys fees, losses or payments for injury to any person or
property, caused directly or indirectly from the negligent acts, errors or omissions of the
Consultant or Consultant's employees, agents or officers; provided, however, that the
Consultant's duty to indemnifY shall not include any claims or liability arising from the
negligence or willfùl misconduct of the City, its agents, officers and employees.
8. Termination of Agreement for Cause.
It; through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving 'Nritten notice to Consultant of such termination and
City ofChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 3],2002 b Page 8
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event. all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions.
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing
herein is intended to limit City's rights under other provisions of this Agreement.
10. Termination of Agreement for Convenience of City.
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the
City, become City's sole and exclusive property. If the agreement is terminated by City as
provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials to
the effective date of such termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
11. Assignability.
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City. City hereby consents to the
assignment ofthe portions of the Defined Services identified in Exhibit A, Paragraph 17 to
the subconsultants identified thereat as "Permitted Subconsultants."
12. Ownership, Publication, Reproduction and Use of Material.
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written consent of
City. City shall have unrestricted authority to publish, disclose (except as may be limited by
the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent,
City ofChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 9
to
---,-, ---
in whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
13. Independent Contractor.
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required
under this Agreement. City maintains the right only to reject or accept Consultant's work
products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to
be an employee of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits, worker's
compensation benefits. injury leave or other leave benefits. Therefore, City will not withhold
state or federal income tax, social security tax or any other payroll tax, and Consultant shall
be solely responsible for the payment of same and shall hold the City harmless with regard
thereto.
14. Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this Agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code,
as same may from time to time be amended, the provisions of which are incorporated by this
reference as iffully set forth herein, and such policies and procedures used by the City in the
implementation of same. .
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees.
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to
be the party who is awarded substantially the relief sought.
16. Statement of Costs.
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement of the numbers and cost in
dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
City ofChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 Page 10
{O -
17. Miscellaneous.
A. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, Consultant shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman.
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices.
All notices, demands, or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement.
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula
Vista.
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 11
.... .. ---- ----. .,--.--..-. - ._--
. 01¡31~.2002 11:~ 619239622i CARRIER .JOHNSON 19j002
011 31/02 TnU 11: 14 FAl 8l9+42i+U46 CJIUl.A. VISTA PUBLIC LIB ! goOl
Sipature Page
Agreemeat Between
City of Chula Visu
aD4
Carrier JolulSon
For Preparation of a Coneept Plan ODd Other N-øsa:ry PIaD5 _6 Docum8Df$
R4!qaired for 1he CIty's SubmIttal of a Graar Application
Under the Proposition 14: Califonda Reading od I...ítecacY ImprovemeDr aDd Publie
Library Construction and ReDovatioD. Bond Aet of 2000 .
For die Rancho del Rey Libl'lU'Y
IN WITNESS WHEREOF, City and ConsultaDt have executed this Agreement thereby
índicalm¡¡; lha.l they ha"e read and uwion'slood same, and índicate lhe1r full and complele consent 10
ltS œnns.
Dated: City ofCbula VlSIa
Attest;
SUSán Bigelow, Ci1y Clerk
Approved as to form.'
John M. Kaheny, City Attorney
Daled: J
I"I'~
f"';?F'-:
By:
Gordon R. Carrier, A'(A, NCARB
Principal
By: ~ ßJ2~ a
Steve!!. T. SchI1Ider. ¿>/. ~f-~
A....~ Architecl
Senior Project Managa
Cìt)' ofChula YìotaIC3Irl.er Jobnson Agr=OI11 lùnçho dot F.ey UbrnL-y Concept pI...
JanuõI'Y 28, 2002 PaJle 12
. -"...."""'" ....",._" ' , ,..".........".....-.,.......-"" ..--.."..----.----".." ..--"--.,--,,-..-.,...-..--- ."-,,,---.--.-.. ... ."'-
Exhibit List to Agreement
( x) Exhibit A.
( x ) Exhibit B. Construction Cost Estimate Formats
( x) Exhibit C. Square Footage Sheet
( x) Exhibit D. Utilities Cost Sheet and Site Development Cost Sheet
( x) Exhibit E. Library Project Budget Sheet
( x) Exhibit F. Project Timetable Sheet
City of Chula Vista/CalTier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 &-2.2. Page 13
""'-"-'-"""-- -,--,
Exhibit A
to
Agreement between
City of Chula Vista
and
Carrier Johnson
1. Effective Date of Agreement: February 5, 2002
:2. City-Related Entity:
(X) City of Chula Vista. a municipal chartered corporation of the State of California
( ) Redevelopment Agency ofthe City ofChula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City ofChula Vista, a
( ) Other: , a [insert business fonn]
3. Place of Business for City:
City of Chula Vista,
:276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Carrier Johnson
5. Business Fonn of Consultant:
( ) Sole Proprietorship
( ) Limited Liability Partnership
(X) Corporation
6. Placc of Business, and Telephone Number of Consultant:
1301 Third Avenue
San Diego, CA 92101
Voice Phone (619) 239-2353 Fax: (619)239-6227
7. General Duties
Carrier Johnson win assist City staff in the preparation of the Concept Plan and other
necessary plans and documents required for the City's submittal of a Bond Act Grant
Application for the Rancho del Rey Library by preparing plans, providing facilitation of
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 14
b 3
,_,_m,,-
group/staff meetings, proposing and preparing graphics, preparing maps and exhibits for
the Grant Application, and serving as the lead presenter for presentations at public/Board
and Commission/Council meetings.
8. Scope of Work and Schedule
A. Detailed Scope of Work
I. Preparation of colored conceptual plans on paper not less than 24" x 36" prepared
by an architect justifYing the architectural and engineering projected construction
cost estimate. The conceptual plan shall consist of the following, including a
written narrative describing the conceptual plan:
a. An area plan showing the library site in context with the surrounding
neighborhood building, parking, public transit stops, and streets. The
plans and documentation must demonstrate that the architectural design
is compatible with the scale and character of the surrounding
neighborhood.
b. A site plan showing the library building, automobile and bicycle
parking, access roads, bicycle and pedestrian pathways, library outdoors
space for gatherings and play, and any anticipated future expansion of
the building and parking. The site plan shall also indicate which
direction is north.
c. A floor plan (single line drawing) identifYing by name the major
programmed areas for the library, including non-assignable spaces.
Each area must show the assignable square footage called for in the
Library Building Program, currently being finalized by City staff, and
the actual square footage allocated on the floor plan.
d. Two sections through the building, one longitudinal and one latitudinal.
e. Two elevations, with one elevation being the front of the library
building.
f. Outline specifications describing the type and quality of building
systems. basic components, and components unique to the project. The
specifications shall contain references to any applicable section of State
statutes and State building codes.
2. Preparation of a projected construction cost estimate that is based on the
conceptual plans and has been prepared by an architect, engineer, or construction
cost estimator. The estimate shall be organized in one of the attached formats, or
in a similar estimating format (Exhibit B).
3. Calculation of the square footages o[the Library Site as attached (Exhibit C).
4. Discussion of measures (such as building design, solar orientation, materials,
mechanical systems, natural ambient lighting) planned to reduce energy
City ofChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31. 2002 Page 15
~
consumption and operating costs for the Library.
5. Preparation of a Library Project budget (Exhibit E).
6. Preparation of the eligible and ineligible site development costs (all off-site costs
beyond 100 foot utility tie-ins are considered ineligible State grant expenses) -
(Exhibit D).
7. Provision of a project timetable, with estimated dated of completion (Exhibit F).
8. Assistance to the City in compiling the Bond Act grant application packet to meet
the deadline of June 14,2002, including packaging the application, preparing
covers, dividers, graphics, and other items as needed to make a complete,
professional looking grant application packet.
9. Meet with State representatives and City's Lobbyist twice, if needed, to help
promote the Library project.
]0. Use the Library Building Program, developed by City staff and the City's Library
Consultant, as the basis for designing the floor plan.
] I. Attend meetings with City representatives, at a minimum of once per week, if
needed, through June 14, 2002, to work through the conceptual plan process and
grant application process.
12. Attend three (3) meetings, or as needed, with the adjacent South Bay Family
YMCA and Fire Department personnel, and Chula Vista Elementary School
District staff regarding the proposed plans.
13. Develop a minimum of three (3) Site Plan options, two (2) Building Elevation
options, and two (2) Floor Plan options to arrive at a conceptual plan that is
approved by City representatives and pertinent City commissions.
14. Attend and conduct a minimum of two public meetings to get input on the siting
of the library and the proposed conceptual plan.
15. Present draft conceptual plans and final conceptual plan at various City
commission meetings, including Library Board of Trustees, Design Review
Committee, and at the City Council meeting.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 Page 16
.---.--,.---'-----..-
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I: Kick-off meeting with City Staff, on or about February 7, 2002
Deliverable No.2: Initial public meeting, on or about February 13, 2002
Deliverable No.3: Development of Three Site Plan Options, on or about February 18,2002
Deliverable No.4: Development of Final Conceptual Site Plan, on or about February 20,
2002
Deliverable No.5: Development of Two Building Elevation Options, on or about March 8,
2002
Deliverable No.6: Development of Two Conceptual Building Floor Plan Options, on or
about March 8, 2002
Deliverable No.7: Second public meeting, on or about March 20,2002
Deliverable No.8: Attendance at Library Board of Trustees, Design Review Committee, and
City Council meetings to present all Options, on or about April 5, 2002
Deliverable No.9: Preparation of Final Concept Design, including colored Site Plan, Floor
Plans, Elevations, Area Calculations, and Specifications, on or about April
26.2002
Deliverable No. 10: Presentation of Final Concept Design to Library Board of Trustees,
Design Review Committee, and City Council, by .Tune 11,2002
Deliverable No. II: Preparation of preliminary and final Cost Estimates and Library Project
Budget, Site Development Costs, Project Timetable, on or about May 17,
2002
Deliverable No. 12: Preparation of draft and final Grant Application Exhibits and
preparation and completion of Grant Application Package including all
graphics, cover, dividers, etc. (upon delivery by City of Grant Application
and supporting documents not being prepared by Consultant), by June 13,
2002
Date for completion of all Consultant services:
June 14, 2002.
City ofChu!a Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 3], 2002 Page 17
to
..,..-..--..--. ._---,
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000.000.
(X) Commercial General Liability Insurance: $1,000,000. (Best Rating of A V or
better)
City of Chula Vista named as additional insured.
Business Auto Liability. if not included in Commercial General Liability.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
. Plan of Service for Rancho del Rey Library
. Summary of Needs Assessment Findings
. Building Program for Rancho del Rey Library
. Library Strategic Plan
. Results of biological study on Rancho del Rey Library site
. Cooperative Agreement between City and CVESD
. Site map with topographic data, MSCP boundary, SDGE easement, and fire
training tower and fire station locations
. List of Key City staff involved in the Library Project
11. Compensation:
(X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
arc separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless City shall have issued a notice to proceed to Consultant
as to said Phase.
Phase Fee for Said Phase
I . Consultation and Meetings $See Time and Materials
City of Chula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 Page 18
.--,-.---------------,-- -,-,--
2. Conceptual Site Plan Design $13,080
3. Conceptual Building Elevation $16,090
Design
4. Conceptual Floor Plan Design $21,810
5. Final Concept Design Submittal $16,985
6. Preliminary/Final Cost Estimate $12,280
7. Grant Application Assistance $10,000
TOTAL: $90,245
( X) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only the
compensation for that phase has been paid. Any payments made hereunder shall
be considered as interest free loans which must be returned to the City ifthe Phase
is not satisfactorily completed. If the Phase is satisfactorily completed, the City
shall receive credit against the compensation due for that phase. The retention
amount or percentage set forth in Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the full retention has been held back
from the compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that has
been provided, but in no event shall such interim advance payment be made
unless the Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor. The practice of
making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
(X) Time and Materials
For performance of Additional Services of Consultant as requested City, City shall pay
Consultant for the productive hours of time and material spent by Consultant in the
performance of said Services. Costs beyond the stated Not to exceed amounts shall be at
Consultant's expense. The rates or amounts are set forth herein below according to the
following terms and conditions:
Consultation and Meetings: Not to exceed $18,915
Meeting with State Representatives and
City Lobbyist, as needed: Not to exceed $1,500
City ofChuia Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 Page 19
to
-,._-"-
Rate Schedule
Cate20ry of Employee Hourly
Managing Principal $195
Principal/Director $165
Associate $150
Senior Project Manager/Senior Project Designer $140.
Project Manager/Senior Interior Designer/
Project Architect 11 $110
Project Architect IIProject Designer/Interior Designer $95
Architect/Job Captain/Designer $80
Jr. Designer IIITechnical Support $70
Jr. Designer I/Administrative Support $60
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below,
but not to exceed $11,000.
Cost or Rate
(X) Reports, not to exceed $_: Actual Cost
(X) Copies, not to exceed $_: Actual Cost
( ) Travel, not to exceed $_.
(X) Printing, not to exceed $_: Actual Cost
(X) Postage. not to exceed $_: Actual Cost
(X) Delivery, not to exceed $_: Actual Cost
( ) Long Distance Telephone Charges,
not to exceed $ -
(X) Other Actual Identifiable Direct Costs:
, not to exceed $_. Actual Cost
, not to exceed $ - Actual Cost
13. Contract Administrators.
City: Shauna Stokes
Chula Vista Public Library
276 Fourth Avenue, Chula Vista, CA 91910
(619) 476-5376 x3l40
Consultant: Steven T. Schrader, Associate Architect
Senior Project Manager
Carrier Johnson
1301 Third Avenue
San Diego, CA 92101
City ofChu!a Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31,2002 I: Page 20
]4. Liquidated Damages Rate:
( ) $ - per day.
(x) Other: None
]5. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not applicable. Not an FPPC Filer.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman.
17. Pennitted Subconsultants:
Cost Estimator: Cumming, LLC
Others as approved by the Contract Administrator.
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time :
(X) Monthly
( )Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( )End of the Month
(X )Other: Last Sundav of the Month
C. City's Account Number: 2209]24575
19. Security for Perfonnance
(X) Not applicable.
( ) Perfonnance Bond, $
( ) Letter of Credit, $ -~
City ofChula Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 21
- .-....-----..--,..--., ..-.--
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
City ofChu!a Vista/Carrier Johnson Agreement Rancho del Rey Library Concept Plan
January 31, 2002 Page 22
Exhibit B
. 599 (1) Format 1 rConstruction Specification Institute (CS.11 Masterformat Divisions]
600
601 a. General Requirements
602 b. Site Work
603 c. Concrete
604 d. Masonry
605 e. Metals
606 f Wood and Plastics
607 g. Thermal and Moisture Protection
608 h. Doors and Windows
609 i. Finishes
610 j Specialties
611 k. Equipment
612 I. Furnishinqs
613 m. Special Conditions
614 n. ConveyinG Systems
615 o. Mechanical
616 p. Electrical
617
618 (2) Format 2 fR S Means Assemblies Cost Data Manuall
619
620 a. Foundations
621 b. Substructures
622 c. Superstructures
. 623 d. Exterior Closure
624 e. Roofinq
625 f Interior Construction
626 9. ConveyinG
627 h. Mechanical
628 i. Electrical
629 j. General Conditions
630 k. Special
631 I. Site Work
632
633 (c) Determininq normal public construction costs for new construction
634
635 The normal public construction cost in the applicant's area for new construction. both new
636 facilities and square footaqe for an addition. shall be based on the January 2002 cost per
637 square foot fiqures for public library buildinGs as determined by Marshall Valuation Service
638 in Special Studies: Library Buildinqs. The cost per square foot for new facilities is $202,
639 and the cost per square foot for square footaqe added to an existinq buildinq is $238.
640 These fiGures do not include costs for land acquisition; site development, demolition.
641 utilities. or landscapinG; surface and under-buildinG parkinG; works of art; shelvinG;
642 furniture: built-in service desks. counters, workstations. or other casework; movable
643 equipment; or architectural and enGineerInG fees.
644
.
'-'-,,-- ,.U - .."._---_.~..._'
Final Title 5 Library Bond Act Regulations
October 19, 2001 15
ro
Exhibit C
I Site Description
. 2026
2027
2028 Size
2029
2839 The totol square footoge of the library site should equal the square footage shown in 1 through 8 below:
I All Projects (Except Multipurpose Buildings! ~
2032 Square Footaqe
2033
2034 Proposed library Building FootprinT SF
2035 I
2036 12 Proposed library Surtace Parking LOT SF
2037
2038 i 3 Proposed library Parking Structure FooTprint SF
2039
2040 14 Future lIbrar¡ Building Exponsion Footp(inr ' SF
2041
2042 5. cuTure Librory Porking Expansion SF
2043
2044 6 Required Local Zoning Set,Backs SF
2045
2046 Desired Aesthetic Set,Backs & Amenities SF
2047
2048 ! 8. Miscellaneous & Unusable Space SF
2049 I 9
2050 Total Square Footage of Library Project Site: SF
2051
~85~ I 10. Proposed Jnder,Building Parking SF
. 2054 I, "FootprInt" means the square footoge of surface area of the sUe that a but/dIng or structure occupIes. For example. a single story
2055 i 10.000 square foot but/dIng would have a 10.000 square foot footprint. but a two-story 10,000 square foot but/ding wllh 5.000
285~ square feet on each level would have a footprint of 5.000 square feet.
~85~ -.n
2060 IMU/~urpose Buildinq Projects Only A 8 C D
2061 library 2 library Portion Other 3 at r
2062 II Dedicated of Common Common dicated
~8BJ SQ FT SQ FT SQ F SQ FT
~8B~ Proposed Building ~ ~
~8B¿ ,2. Proposed Surface Parking Lot --- ~ ~
~89B I~ Proposed Parking Structure ~
~8H Futu(e Building Expans(on ~ I
~8H 5. FuTure Parking Expansion ~ ~ I
~87~ 6. Required Local Zaning Set-Backs /--~ ~ I
~8H 7 Desired Aesthetic Set,Backs & A7i s -- ~ ~
~8¿a Miscellaneous & Unusable Sp9-'<€ ~ ~ I
~§~3 Total Square Footage of ~.pose Project Site: ~ ~ ~
2084 :0 proposed undeý8'\:íÍÍ~ing Parking -~~ ~ ~ ~ I
2085 , Ubrary meaO<"¡h~;:artion of the project that provides space for the delivery and support 01 public librory direct services, I
2086
~8~8 includin.,-jomt use school library services (co.localion or joint venture).
. 28~a ' ':OJ/f';r" uses means any a/her 'pace that does '!.9!. provide for the delivery and suppo'¡ of public libmry direct services.
2091 . ,---- - ,- "'~---~.- -,--".-..-..
~-----,,- .
Final Title 5 Library Bond Act Regulations
October 19, 2001 44
h
m....,,_..._,----...,-_. -...-
Exhibit D
! Utilities -
. ~~§ð
2369 Describe availability ,Of utilities and assaclOTed costs If any utilities are nat currently lacated
2370 feet a prcperty line ,01 the site.
2371
2372 Utilltv Availabilltv Cost ta brlna Service to Site (Ineliqible)
2373 Yes D NaD
2374 EleCTriciTY t$
2375 Yes D NaD
2376 Fiber Optic Cable t$
2377 Yes D NaD
2378 T elephane t$
2379
2380 Gas Yes D NaD t$
2381 Yes D NaD
2382 Cable TV 1 $
2383 Yes D NaD
2384 Starm Sewer t$
2385 Yes D NaD
2386 ! Sanitary Sewer 1$
2387 Yes D NaD
2388 WaTer 1$
2389
2390
2391 Site Development
2392
2393 (All off,site costs beyond 100 toot utitily lie-ins ore local ineligible expenses, but shall be identified and included in the budget
. ~~~~ estimate under ineligible site development costs)
2396 Site Develaoment Casts EIIqible IneliGible
2397
~~~~ Utilities.. ..t$ 1 $
~~8~ Cut. Fiil 8. Raugh G(adlng. ..t$ t$
~~8~ Special Foundatian Suppart (pilings. elc).. ..t$ t$
~~8~ Paving. curbs, gutters 8. sidewalks H t$
~~89 Retaining Walls, ..t$ 1$
~~8~ Landscaoing, ..1 $ 1$
2~i~ Signage ..1$ t$
~~H Lighting 1$ t$
2~15 Remaval ,Of undergraund tanks ..1$ q
2~i9 Remaval ,Of taxic matellals ..t 5 1$
~~i~ Rack remaval t$ 1 $
2420 Traffic signals. ..t$ 1$
2421
~~~3 I Other [Soecity):
~~~~ 11__,_,_------- 1$ -. 1 $
. ~~29 t ."'-. ---.. ------. ..t $ 1$
~H~ TOTAL SITE DEVELOPMENT COSTS: .1 1 $
---.",----- ..__.~~.
Final Title 5 Library Bond Act Regulations
October 19, 2001 50
C:,
.._,-,-",-_.._..__.,..__._._~- -,-..-
Exhibit E
. ~~~~
I Library Project Budget (All projects except Muttipurpose Projects)
25~;¡ If there are no costs in any line item below tor the project specify by putting a zero "0" in the btank provided.
2585 I Line Items: Eliqible Ineliqible
2586
2587 II) New Constructionu 00$ $
2588
2589 2) Remodeling Construction 00 00$ $
2590
2591 3) Contingency" 00$ $
2592 !4)
2593 ,Appraised Value of Building, 00$ $
2594 I
2595 5) A,ppraised Value of Land 00 00$ $
2596
2597 6) Site Developmentu 00$ $
2598
2599 7) Site Demolition, 00$ $
2600
2601 8) Site Permits & Fees 00 $ $
2602
2603 9) Site Option to Purchase Agreement 00 $ $
2604
2605 110) Furnishings & Equipment Costs 00 00$ $
2606
2607 II) Sign age 00 .$ $
2608
2609 ! 2) A(chitectural & Engineering Fees 00$ $
. 2610
2611 13) Construction Cost Estimetor Fees, 00$ $
2612
2613 14) Interior Designer Fees 00 $ $
2614
2615 15) Geotechnicel/GeohazŒd Reports 00 00$ $
2616
2617 16) Hazardous Materials Consultant Fees 00 00$ $
2618
2619 17) Energy Audit Structural Englneenng, Feasibility & ADA Studies 00 ".$ $
2620
2621 18) Library Consultant Fee 00 00$ $
2622
2623 ì 9) Construction/Project Menagementu 00$ $
2624
2625 20) Other ProfesSIonal Fees 00$ $
2626
2627 21) Lacel Prolect Adm(nlSTration Costs, 00$ $
2628
2629 22) Works of Art, 00$ $ I
2630
2631 23) Relocation Costs & ¡\;\oving Costsu 00$ $
2632 I
2633 24) A,cqu(sition of Library Materials, $ $
2634
2635 25) OtherISpecify!'__., ------ ., --- $ $
2636 I
2637 261 Other [Specify): .....- $ $
2638
. 2639 27) Othe( (Soeclfy), $ $
2640
~~t~ 28) TOTAL PROJECT COSTS, ,.$ $ =-.J
"---"----'
Final Title 5 Library Bond Act Regulations
October 19, 2001 53
fô
'-" -_.._--- - -"._,
Exhibit F
. ~§§S I Financial Capacity (New Construction and Conversion Projects Only) .
2854 : Applicants with new public library projects shall describe their financial capacity to open and mainTain
2855 operation of the proposed library including antictoated revenue sources for libran! ooerat!..ons'suPPort.
2856 '
2857
2858 /"
2859 /
~~ /
2861
2862
2863
2864
2865 .1
2866
2867
2868 j
~~~¿ 11'///
2871
2872
2873 i
2874 l
2875
t
. 2876 i PROJECT TIMETABLE
~~H ~_..
2879 I Provide the timetable for the proposed project.
2880
£§§2 Show estimated dates of completion for future activities. os well os oc:uol dotes for ûcti',ities already completed,
2~~a t ACTIVITY DATE
2885 Planning and Land Use Permits ObtOined [If Applicable) .
2886
2887 Site Acquired (Obtain possession by Purchose, Donation or Lease) .
2888
2889 Schematic Plans Completion .
2890
2891 Design Development Plans Completion .
2892
2893 WorkIng Drawings [90%) Completion .
2894
2895 Construction Documents Completion .
2896
2897 ProJecT Advertised for Bids .
2898
2899 Start of Construction .
2900
2901 Estimated Mid-Point of Construction .
2902 -~-- I
2903 . CompleJion of Construction .
2904
. 2905 I OpenIng of library Building 10 the PublIc .
2906 t
2~8í3 I Final Fiscal & P,rogram ComollancG Review Comoleted . I
Final Title 5 Library Bond Act Regulations
October 19, 2001 57
,- -"-"--'
----..--..
Attachment "B"
Architectural Firms Sent the RFP by Letter or E-Mail
Austin Design Group
Carrier Johnson
Conwell Shonkwiler and Associates
Coombs Architecture & Planning, -Inc.
David Terry Architect
Design Partners
Dominy + Associates
HA Group
Highland Partnership
HMC
Manuel Oncina Architects, Inc.
Martin and Martin
McGraw/Baldwin Architects
NTD Architects
Rob Wellington Quigley
Robbins, Jorgensen, Christopher
Roesling Nakamura Architects, Inc.
Ruhnau-Ruhnau Associates
Salerno/Livingston Associates
Wheeler Wimer Blackman & Associates
(Ó
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 2/5/02
ITEM TITLE: Resolution Approving lot line adjustments between City owned
Open Space property and 12 residential properties within the Bonita Ridge
Estates Open Space District No.4 as a result of the Council approved waiver
of Grading Deviation Policy No 460-02 per Resolution No. 2000-427 and
authorizing the Mayor to execute grant deeds on behalf ofthe City
SUBMITTED BY: Director of Public Works (f/V'
REVIEWED BY: City Manager &t 9íV (4/5ths Vote: Yes_NoX)
On November 14, 2000, Council approved Resolution No. 2000-427, the waiver of Grading
Deviation Policy No. 460-02 to allow certain residents within the Bonita Ridge Estates Open Space
District No.4 to correct boundary discrepancies between their properties and the adjacent City
owned Open Space Lots. Since that time, staffreceived lot line adjustment applications from 12
Bonita Ridge Estate residents to correct the boundary discrepancies. Staffis now requesting Council
approval of the Lot line adjustments and the resulting transfer of Open Space land to these residents.
RECOMMENDATION: That Council approve the resolution approving lot line adjustments
between City owned Open Space property and 12 residential properties within the Bonita Ridge
Estates Open Space District No.4 as a result of the Council approved waiver of Grading Deviation
Policy No 460.02 per Resolution No. 2000.427 and authorizing the Mayor to execute grant deeds
on behalf of the City
BOARDS/COMMISSIONS RECOMMENDA nON: None.
DISCUSSION:
On November 14,2000, by Resolution No. 2000-427, Council approved a 2.year waiver of Grading
Deviation Policy No. 460-02 for residents living in Bonita Ridge Estates Open Space District No.4
located off of Otay Lakes Road south of Bonita Road. The purpose of the policy waiver was to
allow residents to correct boundary discrepancies between their properties and adjacent City owned
Open Space lots. It was determined that the Grading Deviation Policy, which deals with boundary
adjustments between private property and Open Space lots did not apply to the boundary
discrepancies discovered in the Bonita Ridge Estates subdivision.
Since approval of Resolution No. 2000.427, twelve residents of Bonita Ridge Estates Open Space
District No.4 submitted lot line adjustment documents in order to comp1y with the 2.year waiver
period. Each boundary adjustment was investigated by staff at the site to determine if the request
met the requirements established when the Grading Deviation Policy was waived. Every property
was checked to insure the new lot lines extended only to the top ofthe originally graded flat pad area
and that the new property limits would not interfere with existing Open Space irrigation systems.
Staff also reviewed the accuracy of each boundary adjustment document for compliance with
requirements of the Subdivision Manual.
7-
._. "..... _..........,.._, . --...--
Page 2, Item ~
Meeting Date 2/5/02
The grant deeds transferring portions of City owned Open Space lots to adjacent residential lots
within Bonita Ridge Estates Open Space District No.4 are being presented for execution and
recordation.
The Environmental Review Coordinator has determined that the proposed project is exempt pursuant
to CEQA, Section 15305, Class(a), Minor alterations in Land Use Limitations.
FISCAL IMPACT: Since Grading Deviation Policy No. 460-02 was waived, the residents
applying for a boundary adjustment were not required to obtain appraisals nor pay for the portions of
City owned open Space property being acquired.
Attachments: A. Vicinity Map
B. Grant deeds
SE
F;!e, 0600-70-ER-001
1130/024,59,26 PM
J:\Engineer\AGENDA \ELEV ADO3.SL Y.doc
~
",...._--_._- ------
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~ ;;..:
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ATTACHMENT B
GRANT DEEDS (12 TOTAL)
."".--..-"----,,,-
Recording requested br and
please return to:
City of Chula Vista
276 Fourth Avenue
. Chula Vista, CA 91910
. In,;s space/or Recorder's use, on/))
'"'&~"~
APN 594.222.08.00 c.V. File No. ER.001
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt ofwruch is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein.described real property, Grantor hereby grants to,
(owner name) EDWARD O. AND JOSEPHINE E. BUCHANA_N. HUSBAND AND
AS TRUSTEES OF THE BUCHANAN FAMILY TRUST
the following real property situated in the City ofChula Vista, County of San Diego, State of
Ca1ifornia and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose ofthis document is to convey a portion of Open Space Lot 76, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, ] 974, and
combine with Lot 15, Map Number 8044.
Signed this - day of .. 2002
Grantor Signature:
The Honorable Mayor of the City of Chula Vista
Shirley Horton
(Notary Acknowledgment required for eaeh signatory.)
JEc.g:neer:PER\!ITS'Er"rmtdooù- Camino Ebod" LLAdoc
1-5
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 76 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 15 OF SAID MAP NO. 8044; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 15 NORTH 76'01'24" WEST 37.76 FEET;
THENCE SOUTH 63"45'16" WEST 56.00 FEET TO THE NORTHWESTERLY CORNER OF SAID
LOT 15; THENCE ON A NORTHERLY PROJECTION OF THE WESTERLY LINE OF SAID LOT 15
NORTH 14' 45'41" WEST 4.25 FEET; THENCE NORTH 62' 17'56" EAST 61.44 FEET; THENCE
SOUTH 79°40'14" EAST 31.09 FEET TO A POINT WHICH LIES ON THE NORTHERLY
PROJECTION OF THE EASTERLY LOT LINE OF SAID LOT 15; THENCE ALONG SAID
PROJECTION SOUTH 14 °32'06" EAST 11.83 FEET TO THE POINT OF BEGINNING.
CONTAINING 613.05 SQUARE FEET OF LAND MORE OR LESS.
(!
,l
I
L.S. 5456
1- b
....-. -,~.~ .-
,--01 16
15 jA
-.I
,-Of
J j 18
1i ~~
13L13V ADO
CAMINO EDWARD O. AND JOSEPHINE E. BUCHANAN, HUSBAND AND WIFE,
AS TRUSTEES OF THE BUCHANAN FAMILY TRUST 523 CAMINO ELEVADO
JaIn J.i ~ P.LS. EXHIBIT 'B' DATE
c-....,- - LOT LINE ADJUSTMENT LOT 15 & 76 SHEET 1 OF 1
'-""""""'"
'-" - MAP NO. 8044 PROJECT NO. 010301
2ff 0<RcU A>£. .."~,,
ow. "'_c..,_. """'r_----
~7
...-...-- . -.,-.... _._-
Recording requested by and
please retum to:
City of Chula Vista
.276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace (or Recorder's use, only) .
APN 594-221-18.00 c.V. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) FRED CORNELIUS BEARD AND CAROL ANN BEARD AS CO-TRUSTEES
the foJlowing real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as foJlows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'ß' FOR PLAT
The purpose of this document is to convey a portion of Open Space Lot 73,Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29,1974, and
combine with Lot 29, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor ofthe City ofChula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J ,\Enginccr\PERMITS\Er\gmntdccd- Camino Elevado LLAdoc 1- 6
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 73 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044; AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 29 OF SAID MAP NO. 8044; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 29 NORTH 46°56'43" WEST 70.80 FEET;
THENCE SOUTH 23°30'33" WEST 10.00 FEET; THENCE NORTH 87°45'02" WEST 73.79
FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 29; THENCE ON A NORTHERLY
PROJECTION OF THE WESTERLY LINE OF SAID LOT 29 NORTH 18"17'00" WEST 2.06 FEET;
THENCE NORTH 85°23'06" EAST 78.45 FEET; THENCE SOUTH 65°40'27" EAST 30.32 FEET;
THENCE SOUTH 32°40'54" EAST 44.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 918.82 SQUARE FEET OF LAND MORE OR LESS.
, '
1-1
J f I Of 1S
fM'" I<-
~~
N 85"23'06# E. 78 45'
N 87"45'02" IV 7.1 7<1'
5 2J"X7:u" IV,
lQOO'
30 LOT 29
/8
5TONERIDGE COURT
\
FRED CORNELIUS BEARD AND CAROL ANN BEARD AS CO- TRUSTEES
419 STONERIDGE CT.
.Á1/Jn M. ~ PLS. EXHIBIT 'B' DA1E
ea.=~ LOT LINE ADJUSTMENT LOT 29 & 73 SHEET 1 OF 1
2ff~A>£.."'"" '-'-"" MAP NO. 8044 PROJECT NO. 010301
QW"""'ClII_."""'(..",,~
Recording requested b,' and
please return to:
City of ChuJa Vista
276 Fourth Avenue
q¡ula Vista, CA 91910
. (This s ace for Recorder's use, ani) .
APN 594-221-42-00 C.V. File No. ER-OO I
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) JESUS AND MARIA SANCHEZ. HUSBAND AND WIFE JOINT TENANTS
the following real property situated in the City ofChula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose of this document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine with Lot 52, Map Nnmber 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor of the City of Chnla Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J:\Engineer\PERMJTS\Erlgrantdeed-. Camino EJe"ado LLAdoc 1~11
....-.....-----..--, ---
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE ClìY
OF CHULA VISTA, COUNìY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF COUNìY RECORDER OF SAID SAN
DIEGO COUNìY ON NOVEMBER 29,1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 52 OF SAID MAP NO. 8044; SAID CORNER
LYING ON THE EASTERLY LINE OF SAID LOT 52; THENCE ALONG THE SOUTHERLY LINE OF
SAID LOT 52 SOUTH 17°43'18" WEST 16.22 FEET; THENCE SOUTH 71 °16'49" WEST 95.03
FEET; THENCE NORTH 5 °59'29" WEST 26.78 FEET TO THE SOUTHWESTERLY CORNER OF
SAID LOT 52; THENCE ON A SOUTHERLY PROJECTION OF SAID WESTERLY LINE OF SAID LOT
52 SOUTH 12°13'38" WEST 38.68 FEET; THENCE NORTH 73°24'21" EAST 108.64 FEET;
THENCE NORTH 21042'39" EAST 9.67 FEET TO A POINT WHICH LIES ON THE SOUTHERLY
PROJECTION OF THE EASTERLY LOT LINE OF SAID LOT 52; THENCE ALONG SAID
PROJECTION NORTH 5°53'31" WEST 17.20 FEET TO THE POINT OF BEGINNING.
CONTAINING 1188.67 SQUARE FEET OF LAND MORE OR LESS.
j\
loS. 5456
J
~
mO..._._-_.. ...---.-.----.-...., --
,- -
1 f -
--
CAMINO ELEVADO
lMl>-' ~
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1 ~
511 ~
LOT 52~
1 ~
1 ...5' ..-'.:>-
1 ..-'<f.,:>~ó'<-
4--..
1\1 <? .
</:99" e
1..01 14
1
/ 10' YlIm E4:fl'fNT
/ FtRI1Af'IJ'J44 -
20' .,) 7ER E4.:DfNT
FtR fX)C, 7 4- ~
JESUS SANCHEZ AND MARIA SANCHEZ, HUSBAND & WIFE JOINT TENANTS
422 CAMINO ELEVADO
..áhn AI. ~ P.LS. EXHIBIT 'B' DATE
c.."",cu.._"" LOT LINE ADJUSTMENT LOT 52 & 74 SHEET 1 OF 1
'-"........".",
'-" -"" MAP NO. 8044 PROJECT NO. 010301
2R C>U<t:>I........ ~"I!J
"""'..- c.u_. -,-----
,",m""...__."-- "---
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace (or Recorder's use, only) .
APN 594-221-41-00 c.V. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) JUAN MANUEL AND DAWN M.S. QUINTERO. HUSBAND AND WIFE
JOINT TENANTS
the following real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'ß' FOR PLAT
The purpose ofthis document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine with Lot 53, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor of the City ofChula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J:\Engincer\PÈRMITSIErlgrantdeed- Camino EIevado LLAdoc
Î----
--",. ,-
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29,1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 53 OF SAID MAP NO. 8044; THENCE
ALONG THE SOUTHERLY LINE OF SAID lOT 53 SOUTH 76°43'26" EAST 86.88 FEET; THENCE
NORTH 10°12'32" EAST 25.01 FEET TO THE SOUTHEASTERLY CORNER OF SAID lOT 53,
SAID CORNER LYING ON THE EASTERLY LINE OF SAID LOT 53; THENCE ON A SOUTHERLY
PROJECTION OF SAID EASTERLY LINE OF SAID lOT 53 SOUTH 5°53'31" EAST 28.89 FEET;
THENCE SOUTH 72°06'56" WEST 9.03 FEET; THENCE NORTH 80°11'52" WEST 28.53 FEET;
THENCE NORTH 84°47'01" WEST 53.71 FEET TO A POINT WHICH LIES ON THE SOUTHERLY
PROJECTION OF THE WESTERLY LOT LINE OF SAID LOT 53; THENCE ALONG SAID
PROJECTION NORTH 5 °53'31" WEST 17.20 FEET TO THE POINT OF BEGINNING.
CONTAINING 1059.91 SQUARE FEET OF LAND MORE OR LESS.
(
7- /
~ ~ €VAOO
~ ," CAMINO lEL
IN!J ~
~~
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N 05"53'Jr Iv
17. 20'
5 ~~. IV'
11"
1-.0
JUAN MANUEL QUINTERO AND DAWN M.S. QUINTERO, HUSBAND AND WIFE JOINT TENANTS
426 CAMINO ELEVADO
..him M -'-'--Id PLS. EXHIBIT '8' DATE
Co>oo=~ LOT LINE ADJUSTMENT LOT 53 & 74 SHEET 1 OF 1
"""""""">£""""'" lAM- MAP NO. 8044 PROJECT NO. 010301
"""" "'.... ,-",-- .,."",./0}""-"
--.--.. .--.. --- ..-.---.---------- --,-,-
Recording requested br and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace for Recorder's use, onl) .
APN 594-221-40,00 c.V. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) CRISTINA GARCIA ACOSTA
the fol1owing real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose ofthis document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine with Lot 54, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor of the City of Chura Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J,\Engm"'\PERMITS\h~cantde'd- Camino Elevado LLAdoc
7-
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 54 OF SAID MAP NO. 8044; THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT 54 SOUTH 63'51'21" EAST 81.96 FEET; THENCE
NORTH 12°32'13" EAST 30.37 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 54,
SAID SOUTHEASTERLY CORNER LYING ON THE EAST LINE OF SAID LOT 54; THENCE ON A
SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID LOT 54 SOUTH 2°17'59" WEST
30.80 FEET: THENCE NORTH 83°36'47" WEST 76.44 FEET TO A POINT WHICH LIES ON THE
SOUTHERLY PROJECTION OF THE WESTERLY LOT LINE OF SAID LOT 54; THENCE ALONG
SAID PROJECTION NORTH 5 °53'31" WEST 28.89 FEET TO THE POINT OF BEGINNING.
CONTAINING 1106.90 SQUARE FEET OF LAND MORE OR LESS.
loS. 5456
7-lrt
. .._.__._-~~~~--
1 ì - CAMN? €LEV ADO -
1~ ---
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~
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114
,,-0
CRISTINA GARCIA ACOSTA
430 CAMINO ELEVADO
.Á//tn III --'-'--Id P.LS. EXHIBIT 'B' DATE
ca.=~ LOT LINE ADJUSTMENT PLAT LOT 54 & 74 SHEET 1 OF 1
;nCUJRalAIo£.""'" LMod~ MAP NO. 8044 PROJECT NO. 010301
C1W ...... au"""" ...... r,.,.;-..-..
~..~----~-- ~-'-
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace for Recorder's use, only) .
,I\PN 594.221.39-00 c.V. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPÞ.L CORPORATION (Grantor), represents that, as the owner
of the herein.described real property, Grantor hereby grants to,
(owner name) ROBERT E. AND JOAN LAMKIN, HUSBAND AND WIFE JOINT TENANTS
the following real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'ß' FOR PLAT
The purpose of this document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine with Lot 55, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor of the City of Chula Vista
Shirley Horton
(Notary Acknowledgment n;quired for each signatory.)
],IEngineer\PERMITS\Er\gcantdeed- Cam;no Elevado LLAdoc
7-20
-------......--- .-.--
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 55 OF SAID MAP NO. 8044; THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT 55 SOUTH 59°10'19" EAST 71.50 FEET; THENCE
NORTH 62 é37'28" EAST 22.77 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 55,
SAID SOUTHEASTERLY CORNER LYING ON THE EAST LINE OF SAID LOT 55; THENCE ON A
SOUTHERLY PROJECTION OFTHE EASTERLY LINE OF SAID LOT 54 SOUTH 11°07'25" WEST
7.22 FEET; THENCE SOUTH 74 °53'42" WEST 20.00 FEET; THENCE NORTH 81 °57'42" WEST
62.72 FEET TO A POINT WHICH LIES ON THE SOUTHERLY PROJECTION OFTHE WESTERLY
LOT LINE OF SAID LOT 55; THENCE ALONG SAID PROJECTION NORTH 2°17'59" EAST 29.72
FEET TO THE POINT OF BEGINNING.
CONTAINING 1073.22 SQUARE FEET OF LAND MORE OR LESS.
l
loS. 5456
/'- :2../
~~.__..- ,_m.-
- ----
CAUNO E"LE"VA[}~
~
~
L...¡
5/1 ~ LOT 55
' -/ ~
:...
(gy, ~
/(;F- ~ rr:
L.t"4"4L ~4:~~ O()
~i7Qjì c
J ô2~'
~
Ii
1M....
~. ~ LOT 74
ROBERT E. LAMKIN AND JOAN LAMKIN, HUSBAND AND WIFE AS JOINT TENANTS
434 CAMINO ELEVADO
.1tthn M. ~ P.LS. EXHIBIT 'B' DATE
Caoo'-f~""""t1 LOT LINE ADJUSTMENT LOT 55 & 74 SHEET 1 OF 1
~-
~- MAP NO. 8044
2ff = A>£."'"" PROJECT NO. 010.301
C1uJI "'.... ""'u_. ""'" ',oN --..
-
..~-~~.._" ,,--,-_..~---,~---- ,-.-
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace for Recorder's use, ani) .
APN 594.221.36-00 c.V. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) JUAN AND CASSANDRA V. BARRON. HUSBAND AND WIFE.
JOINT TENANTS
the folJowing real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as folJows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose of this document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of Sau Diego County ou November 29,1974, and
combine with Lot 58, Map Number 8044.
Signed this ~ day of ~, 2002
Grantor Signature:
The Honorable Mayor ofthe City ofChula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J ,\Engineer\PERMITS\Er\grantdeed- Camino Elevadn LLAdoc
~-J-3
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE crT)'
. OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 58 OF SAID MAP NO. 8044; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 58 NORTH 12°01'42" EAST 81.49 FEET TO THE
NORTHWESTERLY CORNER OF SAID LOT 58; THENCE ALONG THE SOUTHERLY LINE OF LOT
57 NORTH 77°53'42" WEST 23.26 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT
57; THENCE SOUTH 0°42'12" WEST 83.71 FEET TO A POINT WHICH LIES ON THE
WESTERLY PROJECTION OF THE SOUTHERLY LOT LINE OF SAID LOT 58; THENCE ALONG
SAID PROJECTION SOUTH 82°41'24" EAST 6.84 FEET TO THE POINT OF BEGINNING.
CONTAINING 1232.28 SQUARE FEET OF LAND MORE OR LESS.
~.
L.S. 5456
7-}
~_. -.-.- -.,---
"r
;;;D
"7
;;;
k
~
LOT 74
~ , ~ "-
9
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~
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JUAN BARRON AND CASSANDRA V. BARRON, HUSBAND AND WIFE. AS JOINT TENANTS
444 WESTMONT COURT
..éItn III -'-'--Id P LS. EXHIBIT 'B' DATE
c-""",,--"!1 LOT LINE ADJUSTMENT LOT 58 & 74 SHEET 1 OF 1
ùod 6rvwghog
ùod- MAP NO. 8044 PROJECT NO. 010301
2ff aue::u .4>£". ""'.. t!I
aw "'- c.ou_. -,..""-..-..
. _._---- - .-,,-..,..-.
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
, (This s ace (or Recorder's use, ani) ,
APN 594-221,35-00 c.V. File No. ER-OOl
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) THOMAS M. AND MARGARET LEONARD, TRUSTEES OF LEONARD
F AMIL Y TRUST
the following real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as fo]]ows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose ofthis document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine witb Lot 59, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
Tbe Honorable Mayor of the City of Chula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J ,\Engineer\PERMITS\Er'.grantdeed, Camino Ele'3do LLA.doc 7-;)..
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
l:kGH\ji\Jl¡\íC M 1 HE SOUTHWEST CORNER OF LOT 59 OF SAID MAP NO. 8044; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 59 NORTH 33053'05" WEST 51.30 FEET TO THE
WESTERLY CORNER OF SAID LOT 59; THENCE NORTH 40°36'29" EAST 76.91 FEET TO THE
NORTHWESTERLY CORNER OF SAID LOT 59; THENCE ON A WESTERLY PROJECTION OF THE
NORTHERLY LINE OF SAID LOT 59 NORTH 82°41'24" WEST 26.54 FEET; THENCE SOUTH
40°56'57" WEST 37.21 FEET; THENCE SOUTH 26°24'45" WEST 21.89 FEET; THENCE
SOUTH 9'36'57" WEST 21.41 FEET; THENCE SOUTH 19°40'42" EAST 46.30 FEET TO A
POINT WHICH LIES ON THE WESTERLY PROJECTION OF THE SOUTHERLY LOT LINE OF SAID
LOT 59; THENCE ALONG SAID PROJECTION NORTH 73°21'54" EAST 28.15 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2627.05 SQUARE FEET OF LAND MORE OR LESS.
!~
I
:
L.S. 5456
;;J
--....-- .--------- -- ---,,- --.
~ f
!N!J'"
~~ r8
or
~ "-
9
S'
~
e
LOT 59 ~ THOMAS M. LEONARD AND MARGARET LEONARD, TRUSTEES OF LEONARD FAMILY TRUST
448 WESTMONT COURT
..åhn Ail -'-'--Id P LS. EXHIBIT 'B' DATE
"""""""'--"!1 LOT LINE ADJUSTMENT LOT 59 & 74 SHEET 1 OF 1
Uod""""""'"
Uod'""""e MAP NO. 8044
2U CfoUiOIA>£, ......" PROJECT NO. D10301
c>uJ. "'- cot"""", -r_...........
Recording requested by and
please return to:
City of Chula Vista
.276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace (or Recorder's use, ani) .
APN 594-221-34-00 c.Y. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) MARGARET 1. VAN HEMERT
the following real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'ß' FOR PLAT
The purpose of this document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, aud
combine with Lot 60, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor of the City of Chula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J:\Engineer\PERMITS\Er\gcantdeed- Camino Elevado LLAdoc
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29, 1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 60 OF SAiD MAP NO. 8044; THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT 60 NORTH 78"20'41" WEST 60.41 FEET;
THENCE NORTH 56°40'10" WEST 72.39 FEET TO THE SOUTHWESTERLY CORNER OF SAID
LOT 60; THENCE SOUTH 36"23'55" EAST 26.57 FEET; THENCE SOUTH 63'-'02'33" EAST
54.52 FEET; THENCE SOUTH 83"55'41" EAST 55.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 602.22 SQUARE FEET OF LAND MORE OR LESS.
l
I
loS. 5456
~
-"""--' .-.--
~
5f) ~ I~
~
~'f ~
J ~ 0
1,4
f,,0 s
/fi:!J ~ \0>1
~~ . (l({)
fiS'?5
~sB'
LOT 80
81
<O~
~,."
MARGARET L. VAN HEMERT, AN UNMARRIED WOMEN
452 WESTMONT COURT
..áhn M. -'-'--Id P.LS. EXHIBIT 'B' DATE
"""'....,-- LOT LINE ADJUSTMENT LOT 60 & 74 SHEET 1 OF 1
Uod-
Uod-.g MAP NO. 8044 PROJECT NO. 010301
2DC1UIQI">£.""..."
~....-"",u-.-r...",~
. ...--.. ._,-_. - ..-.--
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(This s ace (or Recorder's use, only) .
APN 594-222-25,00 c.V. File No. ER.OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) ELEANOR RUSSELL
the following real property situated in the City ofChula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose ofthis document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine with Lot 70, Map Number 8044.
Signed this - day of , 2002
Grantor Signature:
The Honorable Mayor of the City of ChuIa Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
j,\Engm,er\PERMITS\Er gmnld"d. Camino Elevado LLAdoc
3
-.-
.,.."....,....._.. ..~.....__..._....,..__..
EXHIBIT 'A'
LEGAL DESCRIPTION
. ALL THAT PORTION OF LOT 74 OF MAP OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, MAP NO. 8044, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
SAN DIEGO COUNTY ON NOVEMBER 29,1974, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY CORNER OF LOT 69 OF SAID MAP NO. 8044: THENCE
ALONG THE BOUNDARY BETWEEN LOT 70 AND LOT 74 SOUTH 1°05'06" WEST 11.90 FEET;
THENCE SOUTH 50°00'11" EAST 57.18 FEET; THENCE SOUTH 69°05'19" EAST 25.76 FEET
TO THE MOST SOUTHERLY CORNER OF SAID LOT 70; THENCE ALONG THE NORTHWESTERLY
LINE OF LOT 71 SOUTH 44 °39'20" WEST 20.30 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE OF SAID LOT 71 NORTH 49°13'24" WEST 22.85 FEET; THENCE
NORTH 39°35'14" WEST 67.31 FEET TO A POINT WHICH LIES ON THE SOUTHERLY
PROJECTION OF THE NORTHWESTERLY LOT LINE OF SAID LOT 70; THENCE ALONG SAID
PROJECTION NORTH 51 °14'30" EAST 8.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 773.16 SQUARE FEET OF LAND MORE OR LESS.
loS. 5456
J f
~i N5174'.30n£ LOT 70
8. 76'
71
<O~
~,r
ELEANOR RUSSELL, AN UNMARRIED WOMEN
470 CAMINO ELEVADO
.bhn Ail .Átnt-.Id P.L..S. EXHIBIT 'B' DAlE
~-- LOT LINE ADJUSTMENT LOT 70 & 74 SHEET 1 OF 1
"z::., ~ MAP NO. 8044 PROJECT NO. 010301
2fI 0UiQI A>£, ....."
"""",_c.U"""-"""(6,...-'-
- '-'-~----"--' --
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9] 910
. (This s ace for Recorder's use, on/) .
APN 594.222,24.00 c.V. Fi1e No. ER.OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described rea] property, Grantor hereby grants to,
(owner name) ADOLFO E. AGUILAR
the following real property situated in the City of Chula Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'ß' FOR PLAT
The purpose of this document is to convey a portion of Open Space Lot 74, Map Number 8044,
filed in the office of the County Recorder of San Diego County on November 29, 1974, and
combine with Lot 71, Map Number 8044.
Signed this ~ day of , 2002
Grantor Signature:
The Honorable Mayor of the City of Chula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
J:\Engmeer\PERMITS\Erlgrantdeed- Carn;no Elevado LLAdoe
.. >'----'--------' ------
EXHIBIT "Au
LOT LINE ADJUSTMENT
LEGAL DESCRIPTION
THAT PORTION OF LOT 74 OF BONITA RIDGE ESTATES UNIT NO.1, IN THE CITY
OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING
TO MAP THEREOF NO. 8044 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON NOVEMBER 29,1974, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 71 IN SAID MAP 8044;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 71, SOUTH 68°38'10" EAST
94.82 FEET TO THE SOUTH EAST CORNER OF SAID LOT 71; THENCE SOUTH
38°05'33" WEST 05.50 FEET INTO SAID LOT 74; THENCE NORTH 65°24'10" WEST
93.39 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.0057 ACRES
~~~ 9 - 4- Z-e>ó /
ALLAN K. WAKE L.S. 6908 DATE
-----_.__.,...-
¡;:Xf-{lDIT 'ø'
'".'.._~
Cl-r'( OF CHULA VISTA
E::tiGINEERING DIVISION / PLANNING DEPARTMENT
ADJUSTMENT PLAT NO.
CONSOLIDATION NO.
/"
VICINITY MAP
\
SCALE 1:30
'" ~
&$
$0'
1$ - <I.
Sf.'r '6'0"".
& <;1>.
0° "-... "'1C'1Ì" (~>&
~ '5",-
,,00; "-...
.§? .........
,iù LOT 71
,C{?
0'00;
.';>
-'7 .. ..~'9"G emu", il
[X/S7/ OF LOT 71
c SW/,,^;G PROPOSED
"". : i, LOT LINE
. ----..:: - '. LOT 72
~ 561303 - -- 0
1y65°;;¡ 1j3-¡O-ï=: --- --
.4 10-- 94 --
w 93.3~~- ~ -.
OPEN SPACE
I LEGAL DESCRIPTON LOT 74
I LOT 71 AND A PORTION
OF LOT 74 OF BONITA
I RiDGE ESTATES MAP NO. 8044
, FIL ED IN THE OFFICE OF THE
, Ç()UfHY RECORDER OF SAN DIEGO
Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
. (This s ace or Recorder's use, onl) .
APN 594.221-23-00 c.V. File No. ER-OOI
Grant Deed
(This Deed being filed for Lot Line Adjustment purposes only)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY
OF CHULA VISTA, A MUNICIPAL CORPORATION (Grantor), represents that, as the owner
of the herein-described real property, Grantor hereby grants to,
(owner name) LEROY 1. HAMMOND AND CAROL S. HAMMOND.
AS CO.TRUSTEES OF THE HAMMOND FAMILY TRUST #1
the following real property situated in the City of Chura Vista, County of San Diego, State of
California and more particularly described as follows:
SEE ATTACHED:
EXHIBIT 'A' FOR LEGAL DESCRIPTION
EXHIBIT 'B' FOR PLAT
The purpose ofthis document is to convey a portion of Open Space Lot 73, Map Number 8044,
filed in tbe office of tbe County Recorder of San Diego County on November 29, 1974, and
combine with Lot 24, Map Number 8044.
Signed this ~ day of , 2002
Grantor Siguature:
The Honorable Mayor of the City of Chula Vista
Shirley Horton
(Notary Acknowledgment required for each signatory.)
j,IEngineerIPERMITSIEr'grantdeed- Camino Elevado LLA.doc
.---------------- --
EXHIBIT "A"
Legal Description
PARCEL "A"
All of that portion of Lot 73 in the City of Chula Vista, County of San Diego, State of
California as shown on Map No. 8044 recorded in the Office of the Recorder of said
County and State, said portion more particularly described as follows:
Beginning the most Easterly corner of Lot 24 of said Map No. 8044; thence Northerly
along the Easterly Boundary of Lot 24 North 26 15' 37" West, 85.16 feet; thence leaving
said Easterly Boundary and along the Easterly projection of the Northerly line of said Lot
24, North 79 51' 53" East, 13.00 feet; thence South 22 24' 19" East, 81.64 feet to the
Easterly projection of the southerly line of said Lot 24; thence South 62 59' 26" West,
7.00 feet to the Point of Beginning.
Containing 0.019 acres more or less.
//" ,( ,/ ~ / ." /jL,
(;~{:;{L/ Þ A ¿ 7 -.-, Ie I' ;;-,.
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Robert G. Schoettmer L.S.4324
7-39
. .,._, --'-'--'
~,
(;;~H lr6t1 'e'J'
CITY OF CHULA VIST A
ENGINEERING DIVISION / PLANNING DEPARTMENT
ADJUSTMENT PLAT NO.
CONSOLIDA TION NO.
LOT 25
, ~ PARCEL A
,.~" ', 112.3~~_"c CO.019 ACRES)
'\ N79'5IJ)~
~'32'OO
\,' 6~",;o'57' LOT 73
(ì \ e=15O.50'
~ \ \ LOT 24
~ \ \
:::;:::f, \,
"D \ \
, \ \
\ ~ \ ~ ï.5' TREE PLANTING
<:: ;\ ,,\ AND MAINTENANCE ESMT ï.OO'
~ "" PER MAP NO. 8044 ~926"
-"'=0 \
\ 0""
\ L--:¡;~'6 \ /5' SETBACK PER. POIN OF BEGINNING
\ ~ c.." - MAP NO. 8044 00
>. 0:" ¡:"\ó. " N
0 "" \ .So,'~
~ \ ~b~
\ ',' ' LOT 23
\ . SO SCALE: 1'=30'
,~~' \
r
\" ~').- \
\ \
\
LEGAL DESCRIPTION \\~\'IC\\O
A PORTION OF LOT 73
ACCORDING TO MAP NO. 8044, FILED
IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, V/C/NfTY MAP
STA TE OF CALIFORNIA
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING LOT LINE ADJUSTMENTS
BETWEEN CITY OWNED OPEN SPACE PROPERTY AND 12
RESIDENTIAL PROPERTIES WITHIN THE BONITA RIDGE
ESTATES OPEN SPACE DISTRICT NO. 4 AS A RESULT
OF THE COUNCIL APPROVED WAIVER OF GRADING
DEVIATION POLICY NO. 460-02 PER RESOLUTION NO.
2000-427, AND AUTHORIZING THE MAYOR TO EXECUTE
GRANT DEEDS ON BEHALF OF THE CITY
WHEREAS, on November 14, 2000, Council approved
Resolution No. 2000-427, the waiver of Grading Deviation Policy No.
460-02 to allow certain residents within the Bonita Ridge Estates
Open Space District No. 4 to correct boundary discrepancies between
their properties and the adjacent city owned Open Space Lots; and
WHEREAS, since that time, staff received lot line
adjustment applications from 12 Bonita Ridge Estate residents to
correct the boundary discrepancies; and
WHEREAS, staff is now requesting Council approval of the
lot line adjustments and the resulting transfer of Open Space land
to these residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the lot line
adjustments between City owned Open Space property and 12
residential properties within the Bonita Ridge Estates Open Space
District No.4 as a result of the Council approved waiver of
Grading Deviation Policy No. 460-02, per Resolution No. 2000-427.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute grant deeds on behalf
of the City.
Presented by Approved as to form by
J!~~y~~
John P. Lippitt
Director of Public Works City Attorney
[J,IATTORNEY\RESOlLot Uoe Adj"stmeot (J,"",cy31,2002(925AM)]
7- 1//
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA URGING THE FEDERAL AND STATE
GOVERNMENTS TO HELP MITIGATE THE ECONOMIC IMPACTS
ON THE BORDER REGION RESULTING FROM INCREASED
BORDER WAIT TIMES
WHEREAS, the City of Chula Vista is part of San Diego County and lies just north of the
westernmost portion of the US- Mexico border; and
WHEREAS, the events that occurred on September 11, 2001 have resulted in increased
security measures at our local ports of entry with Mexico; and the City of Chula Vista
acknowledges the importance of security at our international borders; and
WHEREAS, the San Diego- Tijuana region has developed strong economic, social, and
cultural ties, as many residents of both countries live, work and recreate across the border; and
WHEREAS, such economic, social and cultural exchange have been compromised for
some time due to long border wait times at our ports of entry; and
WHEREAS, many businesses in the border region are heavily dependent upon the ability
of goods and people to flow across the border in a reasonable amount of time; and
WHEREAS, the increased security measures have resulted in increased border wait times
which have in turn negatively affected the local border economies; and
WHEREAS, regional discussions regarding the impacts of border wait times have
resulted in a number ofrecommendations to address the issue; and
WHEREAS, recommendations include improving staffing levels at the ports of entry,
expanding operational hours at the ports of entry, eliminating salary discrepancies among the
federal policing agencies, and improved use of available technology at the ports of entry; and
WHEREAS, increasing federal resources for the functioning of our local ports of entry
would increase security at these facilities, decrease border wait times, and support the local
economy:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby request that the United States and California State Governments help mitigate the
economic impacts resulting from increased security measures along the U.S.- Mexico border
region and allocate sufficient resources to aid local businesses hurt by the reduced flow of goods
and people across the border, and; improve staffing, extend operational hours, eliminate salary
inequities among federal and state policing agencies, and employ technological resources at our
local ports of entry to reduce security threats and increase operational efficiency at these
facilities.
Presented by Approved as to fOnTI by
Shirley Horton, Mayor
qB-/
l't-
¿¡/--
C MN!!!,G
5," Diogo', -"'0"" PI'""'"g Ag'"'y RECEIVED
407 B Street, Suite 800 December 4, 2001 '01 DEC 12 P3 :23
San Diego, CA 92101-4231
(619) 595-5300 CITY OF CHULA ViSTi
Fax (619) 595-5305
www.sandagorg CITY CLERK'S OFFICi,
Hon. Shirley Horton
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
MEMBER AGENCIES I
Ci';es of I
Car<sbad Dear Mayor Horton:
Chula Vi"a
Comnado Recent events have made security at our international borders of utmost
Del Mac
EI Cajon importance. While these threats have put us all on higher alert, they have also
Enci""as reminded us that our daily lives and routines must continue. This need is
"candido especially important in regard to the overall economy and related activities of
Impenal Beach the San Diego-Tijuana border region. This region has developed strong
La Mesa economic, social, and cultural ties, as many residents of both countries live,
Lemon Gro'e work, and recreate across the border. Such economic, social, and cultural
Na,;onal CIIy exchange has been compromised for some time due to long border wait times
Oceanside I at our land ports of entry. However, the growing wait times, which were
Poway addressed at a SANDAG sponsored binational conference in July, have only
San Diego grown worse since September 11.
San Macms I
San lee As a result, the SANDAG Board of Directors has passed Resolution 2002-1S,
Solana Beach which you will find attached, asking for state and federal support in
VIS/a I implementing measures to improve security and efficiency at our ports of
and entry and address the economic impacts felt by the border region as a result of
Caunly of San Diego the events of September 11.
ADV(SORY MEMBERS Recommendations included in Resolution 2002-1 S are as follows:
(a(jfo,ma oepactmen(
of Teanspa'ta,;on 0 that the United States and California State Governments help mitigate the
Metropolitan Teansit economic impacts resulting from increased security measures along the
oe"lopment Board U.s.-Mexico border region;
Noeth San oie90 County 0 that sufficient federal resources be provided to aide local businesses hurt
reansit O"e(opment Board by the reduced flow of goods and people across the border;
Umted Statas 0 that staffing, operational hours, and salary inequities be improved among
oepactment of Defense federal and state policing agencies; and,
San Diego 0 that technological resources should be employed at our local ort -1
Umf..d Pact oi"nct I " .red'" ~~,"' <hre.. ,"d '"0"" op'" .~ I!'¡~"~ ~ : n
San Diego County ¡."I"", E~- )4
Wate, Authority I I I
I' .1" IL:J
rUca"'/Bald Califomia/M",m ,I., ' ,
---1
COUNCIL OfFICES
CHULA ViST!\.cC:~
.-..--...----.-- --.---".-
We encourage your city to pass a similar resolution urging our state and federal governments to
implement measures that would improve the movement of goods and people across our borders
without compromising security. In addition to Resolution 2002-15, we have attached a draft
resolution that your city may use as a template, and have also included a similar resolution that the
City of Imperial Beach has recently passed regarding this topic.
We thank you for your leadership during these difficult times and ask you to bring this important
issue to your city council and recommend passage of similar resolution. If you have any questions, or
would like to discuss this further, please contact me at 619-595-5330.
Sincerely,
k~::Ç+2
Executive Director
GGnS/as
Attachments
cc: Mr. David Rowlands, City Manager
._----.---..--_. -------- -_._._--
f La Prensa San Diego
1950 5th Avenue
Suites 1, 2 &: 3
San Diego, Calif. 92101
Ph. (619) 231-2873 Fax 231-9180
January 30, 2002
The Honorable Shirley Horton
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910 c~
1 i
¡:~.. :~I
' I
~-_-J
Dear Mayor Horton: L \CU:'LiL?'iCES
-.-'::.:: --~': :' :"c';.~
I am writing to you in support ofWilliarn "Bill" Hall as the City of Chula Vista's next Port
Commissioner,
I have had the pleasure of serving, as a commissioner for over a year, with Mr, Hall on the
Economic Development Commission for the City of Chula Vista, During this time, Mr, Hall
served as chairman of the commission where he demonstrated effective leadership skills, a
diverse knowledge of the issues affecting the bayfront and the city, and a willingness to volun.
teer his time and expertise to assist with the development of the Economic Vision for the City
of Chula Vista,
Equally important, I found Mr. Hall to be genuine, intelligent, and even tempered,
I believe that Mr. Hall has the best interests of the city at heart, and that he would make the city
proud as its commissioner.
Sincerely,
jJ~ß II ~
Daniel H. Muñoz, Jr.
Editor
cc: City of Chura Vista councilmembers; Bill Hall
Keep up with La Prensa on the Web at: http://www.laprensa-sandiego,org
..w+t"'rJULLlr1<E Page I of 2
Armando Buelna ~u_~~n_~-- ---
~~---~-_.~._~~--~. ~. "u
From: John Jolliffe [j.jolliffe@CasaslnternationaLcom]
Sent: Tuesday, February OS, 2002 11 :54 AM
To: shorton@ci.chula-vista.ca.us; jrindone@ci.chula-vista.ca.us; spadilla@ci.chuia-vista.ca.us;
pdavis@ci.chula-vista.ca.us; msalas@ci.chuia-vista.ca.us
Subject: WHY JOLLIFFE IS YOUR BEST CHOICE
WHY .J 0 LLIFFE ?
.
1. FIRST HAND KNOWLEDGE AND EXPERIENCE OF DEVELOPMENT AND LAND
USE ISSUES
--$125 MILLION SOUTHWESTERN COLLEGE CAMPUS
ooST A TE ROUTE 125 -HUGH BENEFIT TO CHULA VISTA
00 HALTED $350 MILLION BROWN FIELD 747 CARGO PLAN
ooST A TE ROUTE 905 -WAS 2025, NOW 2005-RAISED $250 MILLION
--KNOWS THE KEY PLAYERS AT THE CITY, STATE, FEDERAL LEVEL
RESULT: SAN DIEGO PLANNING DIRECTOR (GAIL GOLDBERG) COMMUNITY
SERVICE AWARD AS PLANNING GROUP CHAIRMAN
2. IT'S THE POWER PLANT THAT BROUGHT US HERE, WE HAD BETTER
FOCUS ON THE CRITICAL ISSUE-THE VOTERS WILL-ASK GOVERNOR
DAVIS ABOUT ENERGY ISSUES
ooTHIS WILL BE THE FIRST ISSUE THE NEW COMMISSIONER WILL FACE-DUKE
EXPECTED TO PRESENT A REPLACEMENT PLANT PROPOSAL IN JUNE-ARE WE
READY?
00$15 MILLION ENVIRONMENTAL CLEANUP OF OLD PLANT
--550 MEGA WATT OT A Y MESA PLANT COULD BE PART OF THE SOLUTION TO
HELP CHULA VISTA-"A STATE OF THE ART FACILITY"
ooWHY DIDN'T CHULA VISTA SHARE IN DUKE'S PROFITS LAST SUMMER?
ooCHULA VISTA NEEDS A POWER PLANT EXPERT
RESULT: "JOLLIFFE'S EXPERIENCE, PERCEPTIVENESS, AND UNMATCHED
TECHNICAL KNOWLEDGE ARE RESPECTED THROUGHOUT THE PACIFIC FLEET...
AN EXPERT ON POWER PLANTS...BEST INSPECTOR...EXCEPTIONAL LEADER"
3. NEW COMMISSIONER, NEW IMAGE, A FRESH VOICE
ooMUST BE A CHULA VISTA RESIDENT-THE ONLY REQUIREMENT,
BUT COMMISSIONER MUST HIT THE GROUND RUNNING, BRINGING NEW IDEAS
FROM OTHER GLOBAL PORTS TO GAIN RESPECT AND BUILD CONSENSUS TO
2/5/2002
f Page 2 of 2
< JOLLIFFE MOVE THE CHULA VISTA CITY COUNCIL BA YFRONT VISION FORWARD-I'M
EXCITED, HOW ABOUT YOU?
RESULT: TEN YEARS INTERNATIONAL TRADE EXPERTISE WITH INVALUABLE
KNOWLEDGE OF THIS AND MANY OTHER PORTS (LA, LB, SFO, SEA, V AN, NYC,
NFK, JAPAN, KOREA, ETC)
2/5/2002
.
How would you like to pay more I Orange counties to pay $242 million of
than your fair share for energy while
others pay less? Exactly. That's why ener.gy c~sts benefiting only Northern
our state representatives have asked ,>. ,CaÍlforma. it is not fair and it is not equi-
the California Public Utilities Commission fII' ", table. JOin our region's state leaders
to STOP a decision that will force ali of ') to right this wrong now so that every-
the people in San Diego and southern / ~ne pays their fair share. For more
'. " informatIon, visit www.sdge.com.
SHOULD SAN DIEGO
HAVE To SUBSIDIZE NORTHERN
CALIFORNIA'S ENERGY COSTS?
January 23, 2002
Mr. Geoffrey Brown, Commissioner
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94'02
RE: O.....ltlon to DWR coot AI-Ion p...""Inc .
Dear Commissioner Brown,
The undersigned members of the Legislature, representing the citizens of San Diego and southern
Orange counties, oPPO" the proposed decision (Decision #A.OO-ll-o38) relating to the allocation of
the Department of Water Resources costs for the procurement of electricity. The Proposed Decision
I would unfairly shift costs of $242 million from Northern California to consumers in San Diego and
southern Orange counties. We respectfully urge you to reject the Propo,.d Decision and adopt a
decision that would appropriately require ail consumers to pay the costs incurred to serve them.
During the midst of the state energy crisis, it unfortunately became necessary for the DWR to assume
responsibility for the procurement of electricity in order to keep the lights on for the customers of the
investor-owned utilities. It is our understanding, pursuant to the provisions of AB lX, that customers
would be required to pay for the power delivered to them. The propo,.d CPUC decision would
require the customers of San Diego Gas & Electric to pay a 'postage stamp' allocation of costs (where
all investor-owned utility customers pay the same price for power) rather than the costs that were
actually incurred to serve them. This is blatantly unfair to our constituents.
As legislators representing the customers who bore the greatest burden of California's deregulation
experiment, we strongly °PPO" effortS to require our constituents to pay costs associated with provid-
ing electric service to Northern California. During the summer of 2000 when our constituents were the
only electric customers in the state being exposed to out-of-contrOl wholesale electric prices, consumers
in other parts of the state neither subsidized nor offered to subsidize any part of our record high bills.
The "postage stamp" allocation of costs adds insult to Injury by requiring our constituents to subsidize
the costs of electricity that have been incurred to serve consumers in Northern California.
This allocation could result in an increase to system average rates of 2.24 cents per kWh from the level
approved by the commission effective September 30, 2001, making them among the highest
electricity rates in the country.
We support cost-based rates, similar to those approved by tlte commission on October " 2001, for the
customers of San Diego Gas & Electric Company. Asking our constituents to subsidize electric bills for
other parts of the state just to spread the costs among consumers is simply wrong.
A cost based methodology is just and reasonable and consistent with the traditional CPUC approach
of allocating costs and charging tbem to the utility customers on whose behalf the costs are incurred.
We urge you to reject the Proposed Decision and to adopt a decision that is cost based and more
appropriately represents the costs that have been incurred by our constituents.
Respectfully submitted,
~~ ~JM, ~JL~
""""",.""","'J9"SD
þLl:~D ..Cfi1:::!f!:::: ~fh::
r~:~~::t /5dÞ. J ~m~
".""",...~m""""'SiÍ
!:!..~" ~e
~..,.
Fairness and equity in electric rate making are also
Laguna Niguel and Vista In d . .. supported by the cities of Dana Point EI C . .
Regionai Chambers of c~m;e::~~;;';s letter is supported by the San Diego Regional ~ham:~~n, :;penal Beach, La Mesa, Laguna Hills,
Corporation, the Easl County ECO~ . an Diego Economic Developmenl Corporation the North ~ ~mmerce, the South Drange County
the San Ysidro Business AssOCialio~~~e~~:;:;:n;fcorporalion, the San Diego His;anic Chamb;u~f~~:~~~: Deveiopmenl
Beach, Rancho Bernardo, San lee and San Clemente an~~~:;rce from Carlsbad, Encinitas, East County, Imperial' & G~
range County Taxpayer's Association. .;¡j,JE
~2002"oDl..oG.o'&"Kt"'C<>m"oy.A""",,"ht"""".m"k"""re~N", A ~ Sem¡mI EI1eIgy" -
www.sdge.com
.
..
,
Moving California Forward
A proposal for the
Chula Vista City Council
From
Peter Miguel Camejo
Green Party candidate for Governor
PETER MIGUEL CAMEJO .
for Governor of California
www.volecamejo.org
info@votecamejo.org
510-595-4619
Dear Elected Official:
Enclosed you will find four resolutions that are important elements of our Grassroots
Campaign for 2002. We ask that your agency pass these resolutions as soon as
possible.
The resolutions concern four topics: California's Ancient Forests, solar energy, Instant
Runoff Voting, and a Living Wage law. Each is simply and clearly worded to ask the
State of California to take legislative action on these issues.
We have found that resolutions passed by local bodies have a tremendous effect in
driving public discussion and legislative action on issues such as these. The campaign
should work like the proverbial snowball, gaining momentum as each new city
endorses the resolutions.
The Camejo campaign office will be a clearinghouse for this effort, tracking those cities
and other bodies that have passed the resolutions and providing that information to
other groups. If you have questions or concerns, contact Campaign Director Tyler
Snortum-Phelps at tvler@.votecameio.orQ, or (925) 521-1330.
Thank you in advance for your help with this important effort!
'"~ 1j
Tyler Snortu~l~
Tyler Snortum-Phelps, Campaign Director Larry Shoup, Treasurer
P.O. Box 3629 Oakland, CA 94609
Ancient Forests Resolution
WHEREAS: Most of California's original old-growth forests have been cut down.
WHEREAS: Currently, no State or Federal statute bans the cutting of most old-growth trees in
the State of California.
WHEREAS: California's remaining old-growth trees are a unique natural treasure. California tree
species include the tallest, largest, and some of the oldest living things on Earth. Some California
tree species live to be thousands of years old.
WHEREAS: Old-growth forests are a rare and threatened forest type. Individual old-growth trees
are building blocks for restoring natural forest structure and maintaining ecological diversity.
WHEREAS: People from all over the world come to California to see our heritage of ancient
trees which benefits the economy of California.
THEREFORE THE CITY OF RESOLVES
To support the California Heritage Tree Preservation Act, on the ballot in November, 2002.
Living Wage Resolution
WHEREAS: Despite a booming economy, median hourly California wages dropped 6.6 percent
between 1989 and 1999, after adjusting for inflation.
WHEREAS: More Californians earned poverty-level wages in 1999 that in 1989. Moreover, the
share of California workers earning poverty-level wages exceeded that of the nation as a whole.
WHEREAS: California is the 5(h largest economy in the world, yet 25% of our children live in
poverty.
WHEREAS: The minimum wage is lower now than in 1968, when adjusted for inflation.
THEREFORE THE CITY OF RESOLVES
The State of California should immediate begin study on creating a California Living Wage Law.
The goal of this law would be a minimum wage that allows a fulHime worker with a family who
is receiving minimum wage to meet all their basic needs.
CALIFORNIA SOLAR ENERGY RESOLUTION
WHEREAS: Shea Housing and Astropower successfully included photovoltaic solar
panels on 200 new homes in San Diego at a cost to the homeowner that was at or below
the cost of purchasing electricity from a utility.
WHEREAS: Six other developers have agreed to begin considering embedding solar
panels on the new homes they build.
WHEREAS: Using more solar energy will help provide for a stronger economy by
protecting our natural capital and slowing environmental damage.
THEREFORE THE CITY OF RESOLVES
The State of California should immediately begin crafting legislation which mandates the
inclusion of solar panels on all new homes in California, where such homes meet certain
minimal criteria for size and sun exposure and where the homeowner's monthly costs for
the solar construction would be equal to or below the present or projected cost of utility-
generated electricity.
WHEREAS: Electric utilities are able to use all of the electricity returned to the grid by
homes with solar panels.
WHEREAS: Current California law allows homeowner with solar panels on their homes
to be compensated for electricity they generate only up to the amount of the home's
electricity usage.
THEREFORE THE CITY OF RESOLVES
The State of California should immediately alter the law regarding residential solar
panels, so that homeowners can sell back illLthe excess electricity they generate to the
utility at it's fair market value.
Instant Runoff Voting Resolution
WHEREAS the current plurality voting system for statewide candidates can, and often does lead
to the election of candidates who are not the first choice of a majority of the voters. For this
reason, almost all major cities in California hold runoff elections between the candidates with the
two highest vote totals, to assure that the will of the electorate is respected.
WHEREAS: Holding a second, runoff election incurs considerable additional costs and typically
produces very low voter turnout.
WHEREAS: the Instant Runoff Voting process allows votes to be counted in such a way that the
runoff happens on election day, saving the considerable expense of a second election.
WHEREAS: Instant Runoff Voting also assures the most accurate reflection of the will of the
voters, because only the candidate with the most support can be elected. This protects the
democratic principle of free elections.
THEREFORE, the City of supports the adoption oflnstant Runoff Voting
for the election of California constitutional offices.