HomeMy WebLinkAboutReso 2012-241RESOLUTION NO. 2012-241
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE INTERIM DESILTATION AND MAINTENANCE
AGREEMENT WITH SLF IV/MCMILLIN MILLENIA JV, LLC,
FOR THE EASTERN URBAN CENTER (MILLENIA) AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on September 15, 2009, in accordance with Resolution No. 2009-265, City
Council approved the Tentative Subdivision Map for the Otay Ranch Eastern Urban Center,
Chula Vista Tract 09-03 ("Tentative Map") for the subject property; and
WHEREAS, Condition of Approval Number 52 of the Tentative Map requires the
Developer to enter into an agreement with the City to provide for the maintenance of all
proposed drainage and water quality treatment facilities attributable to the project; and
WHEREAS, on September 14, 2011, the Developer and the City executed the Interim
Desiltation and Maintenance Agreement for the Mass Grading of the Eastern Urban Center
(Millenia), and the Assignment and Assumption Agreement by and Between the City of Chula
Vista, McMillin Otay Ranch, LLC, and SLF IV/McMillin Millenia JV, LLC, which both
agreements were recorded in the San Diego County Recorder's Office on November 2, 2011, as
Official Record Number 2011-0582265, and as Official Record Number 2011-0582266,
respectively; and
WHEREAS, at the beginning of year 2012, the Developers started the process for the
approval of a construction change to Grading Plans Number 10044 to reflect the first phase of
work that required the re-design of the temporary drainage and water quality treatment facilities
that called for the elimination of some of the previously approved facilities and the construction
of some additional infrastructure; and
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act ("CEQA") and has determined that
the proposed project is adequately covered in pervious certified Final Second Tier Environmental
Impact Report ("FEIR 07-O1") for the Otay Ranch Eastem Urban Center Sectional Planning
Area ("SPA") Plan. Thus, no further environmental review or documentation is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the First Amendment to the Interim Desiltation and Maintenance
Agreement for the Mass Grading of the Eastem Urban Center (Millenia), in the form presented
to the City Council, as may have been modified by the Council prior to its approval, a copy of
which is on file in the Office of the City Engineer.
Resolution No. 2012-241
Page No. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
Mayor of the City is hereby authorized to execute said agreement on behalf of the City of Chula
Vista.
Presented By n
I
Gary Halbert, .E., AICP
Assistant City anager/Director of
Development Services
Approved as to form by
.i
len R. G gins
ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December 2012 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
~~~ ~~~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Cox, ayor
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-241 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December 2012.
Executed this 11th day of December 2012.
Donna R. Norris, CMC, City Clerk