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Home My WebLink About2014-10-28 Agenda Packet I declare under penalty of perjury th�t 1 ��st empioyed by the City of Chula Vista In th6 Office of the City Cterk and that I posted thl9 -- ` r�- _,. document on the bulletin board according to _�----�- f� l Brown Act requirements. `�t r/ '_ -�'r�`' ��(� �. =` �„ ' _.�� f d 10 4 lN Signe � i' ��'� CI7V OF :, '� CHULA VISiA - _- .:, , .;,. '�' � n.�:.' ' �.. o • �°��Z.�G2� �� Cheryl Cox, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, Ciry Attomey Rudy Ramirez, Councilmember ponna R. Nortis, City Clerk Mary Salas, Councitmember Tuesday, October 28, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA Notice is heieby given that the Mayor of the City o/ Chula Vista has called and will convene a Special Meeting of the Successor Agency to the Redevelopment Agency meeting jointty with fhe City Council on Tuesda'y, October � 28, 2014, at 2:00 p.m. in Council Chambers, located at 276 Fourth Avenue, Building A, Chula Vista, Califomia to consider the items on this agenda. . CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0566 PRESENTATION BY CFIULA VISTA LIBRARY DIRECTOR BETTY WAZNIS AND DIGITAL SERVICES MANAGER JODIE SAWINA REGARDING THE LIBRARY'S NEW ZINIO DIGITAL MAGAZINES Ciryo/ChulaYsta � Pagef Pnnfedon1N11107d City Council Agenda October 28, 2014 CONSENT CALENDAR (Items 1 - 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or 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 immediately following the Consent Calendar. 1. 14-0601 APPROVAL OF MINUTES of October 14, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0593 WRITTEN COMMUNICATIONS Letter of resignation from Guy Chambers, Parks and Recreation Commission Staff Recommendation: Council accept the resignation. 3. 14-0535 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACTIVE PUBLIC RECREATION, QUASI-PUBLIC AND ALL OTHER USES INCLUDING RESIDENTIAL USES, INDUSTRIAL AND COMMERCIAL FOR OTAY RANCH VILLAGES 3, PORTION OF 4, 8 EAST, AND 10 Department: Development Services Department Staff Recommendation: Council adopt the resolution. 4. 14-0578 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CRA ADVANCE FUNDING AGREEMENT BETWEEN THE CITY AND ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES AND APPROPRIATING $250,000 TO THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET (4/5 VOTE REQUIRED) Department: Development Services Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 2 Printed on 1012312014 2014-10-28 Agenda Packet Page 2 City Council Agenda October 28, 2014 5. 14-0552 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES Department: Finance Department Staff Recommendation: Council adopt the resolution. 6. 14-0572 FISCAL YEAR 2013/14 ANNUAL FINANCIAL STATUS REPORT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CATEGORIZATION OF $3.6 MILLION IN THE ECONOMIC CONTINGENCY RESERVE AS A COMMITTED FUND BALANCE FOR FISCAL YEAR 2013/14, IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND COUNCIL POLICY 159-04 Department: Finance Department Staff Recommendation: Council accept the report and adopt the resolution. 7. 14-0564 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK Department: Police Department Staff Recommendation: Council adopt the resolution. 8. 14-0570 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAL PROPERTY PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 89 FIRST AVENUE AND APPROPRIATING $490,000 TO THE WESTERN PARK ACQUISITION AND DEVELOPMENT FUND (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 3 Printed on 1012312014 2014-10-28 Agenda Packet Page 3 City Council Agenda October 28, 2014 9. 14-0584 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $10,300 FOR A DOG PARK LOCATED AT EUCALYPTUS PARK AND APPROPRIATING SAID FUNDS TO THE PUBLIC WORKS' SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 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. 10. 14-0448 CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE Department: Public Works Department Staff Recommendation: Council open the public hearing and continue the item to Nov 4, 2014. 11. 14-0449 CONSIDERATION OF UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE Department: Public Works Department Staff Recommendation: Council open the public hearing and continue the item to Nov 4, 2014. City of Chula Vista Page 4 Printed on 1012312014 2014-10-28 Agenda Packet Page 4 City Council Agenda October 28, 2014 12. 14-0556 CONSIDERATION OF ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR CERTAIN OPEN SPACE DISTRICTS TO AZTEC LANDSCAPING, INC., BLUE SKIES LANDSCAPE, INC., AND BRICKMAN GROUP; AND WAIVING IRREGULARITIES IN THE BID RECEIVED FROM BRICKMAN GROUP FOR BID GROUP 1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BRICKMAN GROUP FOR LANDSCAPE MAINTENANCE SERVICES FOR BID GROUP 1 OPEN SPACE DISTRICTS 1, 17 AND 20 (ZONE 7) IN THE AMOUNT OF $181 ,728; BID GROUP 7 TELEGRAPH CANYON ROAD 1-805 TO LA FITNESS AND OTAY RANCH VILLAGE 1 WEST SOUTH SLOPES (CFD 99-2) IN THE AMOUNT OF $140,241 ; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 3 EASTLAKE MAINTENANCE DISTRICT NO.1 ZONES A, B, AND D AND OPEN SPACE DISTRICT 31 IN THE AMOUNT OF $192,413.76; BID GROUP 5 OPEN SPACE DISTRICTS 2, 7, 18, AND 23 IN THE AMOUNT OF $94,829.64; BID GROUP 8 OLYMPIC PARKWAY 805 SR125, EASTLAKE LANDSWAP OLYMPIC PARKWAY SR125 HUNTE PARKWAY, OTAY RANCH VILLAGE 2 SANTA VENETIA (CFD 13M) IN THE AMOUNT OF $226,592.16; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) City of Chula Vista Page 5 Printed on 1012312014 2014-10-28 Agenda Packet Page 5 City Council Agenda October 28, 2014 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BLUE SKIES LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 2 OPEN SPACE DISTRICT 20 ZONES 2, 3, 4, 5 AND 6 IN THE AMOUNT OF $517,186.99; BID GROUP 4 OPEN SPACE DISTRICTS 14, 15, AND 24 IN THE AMOUNT OF $217,293.28; BID GROUP 6 MCMILLIN OTAY RANCH VILLAGE 6 - CFD 08M AREA 1, AND OTAY RANCH VILLAGE 6 - CFD 08M AREA 2 IN THE AMOUNT OF $342,646.39; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council conduct the public hearing and adopt the resolutions. 13. 14-0569 CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION AND A REZONE, DESIGN REVIEW, PLANNED SIGN PROGRAM, AND A VARIANCE PERMIT FOR A 97 UNIT MULTI-FAMILY APARTMENT COMPLEX ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET. APPLICANT: STONE CREEK CASITAS, LLC. A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3) ZONE (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW PERMIT, DRC-13-33 TO CONSTRUCT A 97-UNIT MULTI-FAMILY APARTMENT COMPLEX WITH CARPORTS, RECREATION BUILDING, AND ASSOCIATED OPEN SPACE ON 4.68 ACRES LOCATED AT 3875 MAIN STREET City of Chula Vista Page 6 Printed on 1012312014 2014-10-28 Agenda Packet Page 6 City Council Agenda October 28, 2014 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLANNED SIGN PROGRAM, PSP-13-09 TO APPROVE AN INCREASE IN SIGNAGE BEYOND THE MAXIMUM ALLOWABLE SQUARE-FOOTAGE, FOR A MONUMENT SIGN FOR THE 97-UNIT MULTI-FAMILY APARTMENT COMPLEX ON 4.68 ACRES LOCATED AT 3875 MAIN STREET D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A VARIANCE, ZAV-14-02 TO DEVIATE FROM THE MAXIMUM 3 1/2-FT. WALL HEIGHT IN THE FRONT SETBACK TO ALLOW A 6-FT. FENCE TO ENCLOSE THE SWIMMING POOL/RECREATION AREA ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET Department: Development Services Department Staff Recommendation: Council conduct the public hearing, place the ordinance on first reading and adopt the resolutions. CITY MANAGER'S REPORTS 14. 14-0607 Update regarding Illegal Campaign Sign Enforcement (City Attorney, Public Works and Code Enforcement) MAYOR'S REPORTS 15. 14-0609 RATIFICATION OF APPOINTMENT OF YOANA BANDALA TO THE INTERNATIONAL FRIENDSHIP COMMISSION COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Government Code 54957.7). 16. 14-0592 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Donald Sipple v. City of Hayward, et al., (including the City of Chula Vista), Los Angeles Superior Court, Case Number BC462270 City of Chula Vista Page 7 Printed on 1012312014 2014-10-28 Agenda Packet Page 7 City Council Agenda October 28, 2014 17. 14-0605 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One Case ADJOURNMENT to the Regular City Council Meeting on November 4, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 8 Printed on 1012312014 2014-10-28 Agenda Packet Page 8 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0566, Item#: A. PRESENTATION BY CHULA VISTA LIBRARY DIRECTOR BETTY WAZNIS AND DIGITAL SERVICES MANAGER JODIE SAWINA REGARDING THE LIBRARY'S NEW ZINIO DIGITAL MAGAZINES City of Chula Vista Page 1 of 1 Printed on 10/23/2014 powered by Legis 2014-10-28 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0601, Item#: 1. APPROVAL OF MINUTES of October 14, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 10/23/2014 powered by Leg 2014-10-28 Agenda Packet Page 10 City of Chula Vista Meeting Minutes - Draft Tuesday, October 14,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Jack Mitchell led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0568 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT SENIOR VOLUNTEER PATROL COORDINATOR JACK MITCHELL ON 20 YEARS OF SERVICE TO THE CITY OF CHULA VISTA Chief Bejarano introduced Senior Volunteer Patrol Coordinator Jack Mitchell. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mr. Mitchell. B. 14-0527 PRESENTATION OF A PROCLAMATION TO SAN DIEGO ASSOCIATION OF GOVERNMENTS' COMMUNITY OUTREACH COORDINATOR PAULA ZAMUDIO PROCLAIMING OCTOBER 2014 AS RIDESHARE MONTH IN THE CITY OF CHULA VISTA Paula Zamudio, representing the San Diego Association of Governments, spoke regarding the Rideshare Month program. Mayor Cox read the proclamation and Deputy Mayor Aguilar presented it to Ms. Zamudio. C. 14-0565 ACKNOWLEDGEMENT BY CHULA VISTA PUBLIC LIBRARY FOUNDATION BOARD MEMBER CHRISTIAN DEMENT REGARDING THE FOUNDATION'S $50,000 DONATION FOR RENOVATIONS OF "THE HUB," AN EXPANSION OF THE OTAY RANCH LIBRARY Library Director Waznis introduced Chula Vista Public Library Foundation Board Member Christian Dement. Mr. Dement presented information on the Board's fundraising efforts. City of Chula Vista Page 1 2014-10-28 Agenda Packet Page 11 City Council Meeting Minutes -Draft October 14, 2014 D. 14-0576 UPDATE PRESENTATION BY THIRD AVENUE VILLAGE ASSOCIATION (TAVA) EXECUTIVE DIRECTOR LUANNE HULSIZER AND BOARD PRESIDENT CHRISTINE MOORE Luanne Hulsizer, representing the Third Avenue Village Association (TAVA), presented an update on the work of the organization, including past and upcoming events. CONSENT CALENDAR (Items 1 - 3) 1. 14-0558 APPROVAL OF MINUTES of September 23, 2014. Recommended Action: Council approve the minutes. 2. 14-0562 ORDINANCE NO. 3322 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 3. 14-0554 RESOLUTION NO. 2014-185 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING BIDS DECLARED NON-RESPONSIVE; AWARDING THE CONTRACT FOR THE "PHASE I - WILLOW STREET BRIDGE REPLACEMENT (WATER LINE RELOCATION) [CIP NO. STL-384, FEDERAL PROJECT NO. BHLS-5203(016)1" PROJECT, INCLUDING ADDITIVE ALTERNATE BID ITEMS, TO TECHCOM INTERNATIONAL, CORPORATION IN THE AMOUNT OF $3,520,358.40; APPROPRIATING $534,900 OF NON-DEPARTMENTAL CIP FUNDS BASED ON UNANTICIPATED REVENUE ASSOCIATED WITH UTILITY AGREEMENT WITH CITY OF SAN DIEGO TO CIP NO. STL-384; REDUCING THE BUDGET FOR CIP NO. STL-261 BY $58,740 IN TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS (TDIF) AND APPROPRIATING THE EQUIVALENT AMOUNT TO CIP NO. STL-384; WAIVING CITY COUNCIL POLICY NO. 574-01; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $356,388 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 2 2014-10-28 Agenda Packet Page 12 City Council Meeting Minutes -Draft October 14, 2014 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Robert Solomon, Chula Vista resident, expressed concern regarding the placement of political signs on public property in Chula Vista. Mayor Cox stated that the issue would be discussed at the Council meeting of October 28, 2014. David Danciu, Chula Vista resident, spoke regarding the upcoming City election, community engagement, and the San Diego Youth Symphony's Community Opus Project. Theresa Cowan, Chula Vista resident, expressed concern regarding illegal drug activity near her residence. Sam Cowan, Chula Vista resident, thanked the Police Department for its response to Ms. Cowan's concerns. Anna Alejo and Aracely Harris, representing the American Lung Association, spoke regarding the organization's activities and announced the Lung Force Walk on November 9, 2014. Item 7 was taken out of order. Item 4 was heard following Item 7. COUNCILMEMBERS' COMMENTS (Part 1 of 2) 7. 14-0560 DEPUTY MAYOR AGUILAR Consideration of City endorsement of the Veterans Day parade and ceremony to be held at Veterans Elementary School in Chula Vista on November 7, 2014 Froylan Villanueva, Principal, representing Veterans Elementary School, spoke regarding the upcoming Veterans Day parade and ceremony. ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember Salas, to approve City endorsement of the Veterans Day parade and ceremony at Veterans Elementary School on November 7, 2014. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 3 2014-10-28 Agenda Packet Page 13 City Council Meeting Minutes -Draft October 14, 2014 PUBLIC HEARINGS 4. 14-0544 CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "MOSS STREET CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE AND FOURTH AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203(037)" PROJECT PER CITY CHARTER SECTION 1009 RESOLUTION NO. 2014-186 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "MOSS STREET CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE AND FOURTH AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203(037)" PROJECT TO T&M ELECTRIC, INC., DBA PERRY ELECTRIC, IN THE AMOUNT OF $242,644; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AMOUNT NOT TO EXCEED $17,132 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City Attorney Googins stated that, although the staff report identified Councilmember Bensoussan as having a potential property-related conflict of interest on Item 4, an exception under the Political Reform Act allowed her to vote because the item was solely related to repairs, replacement or maintenance of existing infrastructure. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that Resolution No. 2014-186 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 4 2014-10-28 Agenda Packet Page 14 City Council Meeting Minutes -Draft October 14, 2014 CITY MANAGER'S REPORTS 5. 14-0573 Employee Engagement Committee: Request concurrence to use modified City logo and budgeted funds for the purchase of employee pins for November event City Manager Halbert introduced Peace Officer Coleman, who spoke regarding the Employee Engagement Committee's upcoming Movember event, which would be held in November to promote men's health awareness. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to approve the use of a modified City logo and budgeted funds for the purchase of employee pins for the Employee Engagement Committee's upcoming Movember event, to be held in November 2014(Minutes Resolution No. 2014-187). The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 MAYOR'S REPORTS Mayor Cox acknowledged the volunteers who supported the recent Beautify Chula Vista event. 6. 14-0559 RESOLUTION NO. 2014-188 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING PROPOSITION 47 ON CALIFORNIA'S NOVEMBER 2014 BALLOT AND SUPPORTING LAW ENFORCEMENT'S EFFORTS TO PREVENT THE EARLY RELEASE OF UP TO 10,000 FELONS FROM STATE PRISON; FELONS WHO HAVE COMMITTED SERIOUS OR VIOLENT CRIMES Mayor's Recommendation: Council adopt the resolution. Chief Bejarano spoke regarding Proposition 47 and its potential impacts. Mayor Cox stated that one letter in opposition to the item had been received. She provided additional information on the proposed resolution. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that Resolution No. 2014-188 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 Mayor Cox announced that the Port of San Diego had approved a contract with Rida Development Corporation as the Port's Bayfront developer. City of Chula Vista Page 5 2014-10-28 Agenda Packet Page 15 City Council Meeting Minutes -Draft October 14, 2014 COUNCILMEMBERS' COMMENTS (Part 2 of 2) Councilmember Ramirez spoke regarding a potential trail around the San Diego Country Club. City Attorney Googins provided additional information regarding the concerns expressed by public speaker Theresa Cowan and recognized Deputy City Attorney Trujillo, who had worked on the case. He stated the Council would receive a confidential report on the issue. Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 3:38 p.m. The Council reconvened in Closed Session at 3:46 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 8. 14-0583 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Rosie Pena v. City of Chula Vista, San Diego Superior Court, case number 37-2012-00074915-CU-PO-SC ACTION: Settlement pending; details to be reported upon finalization. ADJOURNMENT At 4:00 p.m., Mayor Cox adjourned the meeting to the Special City Council Meeting on October 20, 2014, at 6:00 p.m. at the Chula Vista Public Library, Otay Ranch Town Center Branch, and then to the Regular City Council Meeting on October 28, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 6 2014-10-28 Agenda Packet Page 16 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0593, Item#: 2. WRITTEN COMMUNICATIONS Letter of resignation from Guy Chambers, Parks and Recreation Commission RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Page 1 of 1 Printed on 10/23/2014 powered by Leg 2014-10-28 Agenda Packet Page 17 October 15, 2014 Margarita. As you know, I was recently hired by the City of Chula Vista as a Civilian Police Investigator; therefore, per the City Charter, I must resign my position on the Parks and Recreation Commission. Please submit mew resignation to the City Clerk and Mayor/Council Office. A special thank you for all the help you provided me and the Commission. Enjoy and Celebrate your Blessings... Honorable Mayor and City Council: It is with great sadness that I submit this letter of resignation from the Chula Vista Parks and Recreation Commission effective today, October 15, 2014, as I was recently hired on by the City of Chula Vista as a Civilian Police Investigator (Hourly). I leave with a heartfelt gratitude and appreciation of my colleagues on the commission, who take time to make our wonderful City a better place for us all. I would like to thank staff from the Recreation and Public Works Departments for providing a high level of professional support and guidance during my tenure on the Commission. Finally, Ms. Mayor, as you are well aware, the Parks and Recreation Commission is important to the citizens of Chula Vista and even more so, as we continue growing as a City and community, the efforts of the Commission are a vital component of that growth. Most Sincerely, Guy Chambers, Commissioner Parks and Recreation Commission cc: Parks and Recreation Commission Recreation Director Public Works Director 2014-10-28 Agenda Packet Page 18 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0535, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACTIVE PUBLIC RECREATION, QUASI-PUBLIC AND ALL OTHER USES INCLUDING RESIDENTIAL USES, INDUSTRIAL AND COMMERCIAL FOR OTAY RANCH VILLAGES 3, PORTION OF 4, 8 EAST, AND 10 RECOMMENDED ACTION Council adopt the resolution. SUMMARY On July 8 of this year, the City of Chula Vista entered into a Restated and Amended Land Offer Agreement (LOA) with the SSBT LCRE V, LLC. The amended LOA modified the configuration of the University Park and Innovation District lands. The amended agreement required a new irrevocable offer for the new configuration which was recorded on July 25, 2014 as Document Number 2014-0315052. This action negates the need for the previously offered configuration as depicted on Document Number 2010-0421267. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future entitlements associated with the land offer agreement will be subject to further environmental review at the time specific projects are proposed. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On May 20, 2008, the City Council approved a resolution authorizing the Mayor to enter into a LOA with JJJ&K Investments Two, LLC, and OV Three Two, LLC (Owner), titleholders of portions of Villages 3, 4, 8, 9, and 10 of the Otay Ranch Project. The first LOA required the Owner to convey to the City approximately 160 acres of land in exchange for City review and approval of certain land entitlements within specified portions of the Otay Ranch project area. The conveyed land would be for development of a facility for higher education and other compatible land uses in a configuration that would be conducive to the planning of a university campus and innovation district (formerly referred to as a regional technology park). On August 17, 2010, the City Council approved a resolution authorizing the Mayor to enter into an City of Chula Vista Page 1 of 3 Printed on 10/23/2014 powered by Leg 2014-10-28 Agenda Packet Page 19 File#: 14-0535, Item#: 3. agreement that amended the first LOA. The amended LOA specifically excluded the Village 4 property from the provisions of the 2008 LOA because the Owner no longer owned the Village 4 property. The amended LOA allowed the City to accept an Irrevocable Offer of Dedication of Fee Interest (IOD) for approximately 160 gross acres for higher education and related compatible uses. The IOD was recorded in the San Diego County Recorder's Office on August 16, 2010, as Document Number 2010-0421267 (Attachment 1). On July 8 of this year, the City of Chula Vista entered into a Restated and Amended LOA with the Owner that was recorded on July 29, 2014 as Document Number 2014-0319703 Official Records of the County of San Diego, State of California (Attachment 2). The goal of this restated and amended LOA is to implement the General Plan that requires the City to acquire approximately 128.5 acres of land designated as "University Park and Innovation District," approximately 40.0 acres of Preserve land that will be within the university property and is proposed to become developable through a Preserve boundary adjustment, and 22.6 acres of active recreation property. Section 2.1 .1 of the restated and amended LOA, requires the City to vacate the previously recorded IOD (Document Number 2010-0421267) and replace it with IOD's that were previously recorded on July 25, 2014 as Document Number 2014-0315052 (the 130.68 acre IOD) and July 25, 2014 as Document Number 2014-0315051 (the 22.62 acre IOD). See Attachment 3 and 4 for these documents. With today's action from City Council to adopt a resolution, the City will abandon the IOD recorded in 2010 (Document Number 2010-0421267) based on Section 7050 of the Government Code, which states that an Offer of Dedication may be terminated and the right to accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. The abandonment of the subject IOD requires the adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed action addresses the Economic Vitality and the Connected Community goals as it supports the implementation of the General Plan goal to develop a University Park and Innovation District in the context of surrounding planned neighborhoods. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact associated with the abandonment of the IOD. ONGOING FISCAL IMPACT There is no on-going fiscal impact associated with the abandonment of the IOD. City of Chula Vista Page 2 of 3 Printed on 10/23/2014 powered by Leg 2014-10-28 Agenda Packet Page 20 File#: 14-0535, Item#: 3. ATTACHMENTS Attachment 1 : Irrevocable Offer of Dedication of Fee Interest recorded in the San Diego County Recorder's Office on August 16, 2010, as Document Number 2010-0421267 Attachment 2: Restated and Amended Land Offer Agreement recorded in the San Diego County Recorder's Office on July 29, 2014, as Document Number 2014-0319703 Attachment 3: Irrevocable Offer of Dedication of Fee Interest recorded in the San Diego County Recorder's Office on July 25, 2014, as Document Number 2014-0315052 Attachment 4: Irrevocable Offer of Dedication of Fee Interest recorded in the San Diego County Recorder's Office on July 25, 2014, as Document Number 2014-0315051 Resolution Staff Contact: Sandra Hernandez, Associate Engineer City of Chula Vista Page 3 of 3 Printed on 10/23/2014 powered by Leg 2014-10-28 Agenda Packet Page 21 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACTIVE PUBLIC RECREATION, QUASI-PUBLIC AND ALL OTHER USES INCLUDING RESIDENTIAL USES, INDUSTRIAL AND COMMERCIAL FOR OTAY RANCH VILLAGES 3, PORTION OF 4, 8 EAST, AND 10 WHEREAS, on May 20, 2008, the City Council approved a resolution authorizing the Mayor to enter into a Land Offer Agreement (LOA) with JJJ&K Investments Two, LLC, and OV Three Two, LLC (Owner), titleholders of portions of Villages 3, 4, 8, 9, and 10 of the Otay Ranch Project; and WHEREAS, On August 17, 2010, the City Council approved a resolution authorizing the Mayor to enter into an agreement that amended the LOA with JJJ&K Investments Two, LLC, and OV Three Two, LLC (Owner), titleholders of portions of Villages 3, 4, 8, 9, and 10 of the Otay Ranch Project. The LOA specifically excluded the Village 4 property from the provisions of the 2008 LOA because the Owner no longer owned the Village 4 property; and WHEREAS, the amended LOA allowed the City to accept an Irrevocable Offer of Dedication (IOD) of Fee Interest for approximately 160 gross acres for higher education and related compatible uses. The IOD was recorded in the San Diego County Recorder's Office on August 16, 2010, as Document Number 2010-0421267 (Exhibit 1); and WHEREAS, On July 8, 2014, the City of Chula Vista entered into a Restated and Amended LOA with SSBT LCRE V, LLC (New Owner) that was recorded on July 29, 2014 as Document Number 2014-0319703 Official Records of the County of San Diego, State of California that superseded the 2010 LOA; and WHEREAS, Section 2.1.1 of the Restated and Amended LOA, requires the City to vacate the previously recorded IOD (Document Number 2010-0421267 of Official Records of the County of San Diego, State of California) and replace it with a new IOD; and WHEREAS, new IOD's were previously recorded on July 25, 2014 as Document Number 2014-0315052 (the 130.68 acre IOD) and July 25, 2014 as Document Number 2014-0315051 (the 22.62 acre IOD). These new IOD's convey to the City 153.3 acres for the future university site (Exhibits 2 and 3); and WHEREAS, in accordance with Section 7050 of the Government Code, which states that an IOD may be terminated and the right to accept such an offer may be 2014-10-28 Agenda Packet Page 22 Resolution No. Page 2 abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, in order to vacate an IOD, City Council must adopt a resolution of vacation and a certified copy of the resolution attested to by the City Clerk must be recorded; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future entitlements associated with the LOA will be subject to further environmental review at the time specific projects are proposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, after considering the evidence submitted, finds that the Irrevocable Offer of Dedication made by document recorded August 16, 2010, as Document Number 2010- 0421267 Official Records of the County of San Diego, State of California, is unnecessary for present or prospective public use, since it has been replaced by documents recorded July 25, 2014, as Document Number 2014-0315052 and July 25, 2014, as Document Number 2014-0315051 of Official Records of the County of San Diego County Recorder, State of California; and the City Council does hereby order the vacation of said Irrevocable Offer of Dedication recorded August 16, 2010, as Document Number 2010-0421267 Official Records. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgement, or further proof in the Office of the Recorder of the County of San Diego, State of California. Upon recordation, the vacation shall be complete. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2014-10-28 Agenda Packet Page 23 ATTACHMENT 1 D O C # 201 0-0421 267 - 11I�11 ll IIII� I�I III 6III��III lal�III III 1161 �Illl 191 l��l AUG 16, 2010 10:12 AM I Recofdrn,Requested by OFFICIAL RECORDS 6656 Id Pleafe Re w7j ti).- SAN DIEGO COUNTY RECORDER`S OFFICE DAVID L_BUTLER,COUNTY RECORDER FEES 0.00 (-]t3' Clerk PAGES: I(� City of Chula Vista I ill!� III �11 � I6I II9II �IIIIiI VIII� IIIIII IIII VIII 1�1I �IIIiIII fl P.Q. Boy ]1)87 Chub Vista, California 91912 - �f Thif J)151)7izve1t1 BCJ1oj11,r 01),0111Y No Fez Regvi:rid Thi.r Sj ace for F,,Ncorders Use 0111,! APN(s)643-070-10 0 644- -1500 C.V. File No. 644-080-1000 IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST F FOR A VALUABLE CONSIDERATION, receipt of wluch is hereby acknowledged, OV THREE T"vo,LLC; jj)S:K INVESTMENTS TWO,LLC;I.R QUARRY,.LLC represem chat,as the owner of the herein-described real property,Hereby mares an Irrevocable Offer of Dedication of fee interest to � THE CIIY OP CHULA'Y-IS7'A,A MUNICIPAL CORPORATION("City"),the hereinafter described real property for the following public purpose: FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACTIVE PUBLIC RECREATION, QUASI PUBLIC AND ALL OTHER USES INCLUDING RESIDEN= USES, � INDUSTRL-�L,AND COMMERCIAL. I The property.referred to above is situated in the City of Chula Vista, County of San Diego,State of C- i.toxnia and is more particularly described on C—Al bit"A"attached hereto and incorporated herein by � idiis reference the ("Property"). This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of i California and the ternis and conditions of that curtain Land Offer Agreement by and between Owner and City dated April 7, 2008, whicb Land Offer Agreement is incorporated herein by reference. Tlvs Offer of Dedication may be accepted by the City Clerk of the City of Chula Vista ottiv in accordance vid-i the Land.Offer Agreement. E i Tlvs Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Owner,its heirs, e:tecutots, admi.n.istratots, successors and assigns. I 2014-10-28 Agenda Packet 1 Page 241 6657 Pursuant to Article 2 of the Land Offer Agreement, following the City's acccptance of this Offer of Dedication,Owner shall retain certain riglits to repurchase all or a portion of the Property("Repurchase Rights") for the teiin specified iii Section 2.1 of die Ladd Offer Agreement. It is the intention of the parties that the Repurchase Rights shall be covcnants runni�-)g with the land pursuant to applicable law, inclu6mg, but not linaite_d to Section 1465 of die Civil Code of the State of California. The City and 0,wtier agree that each of die limitations,covenants,conditions,and restrictions contained herein,and as incorporated by reference from die Land Offer Agreement (i) is for tbt benefit of certain teal property described on Exhibit`B"attached hereto and incorporated herein(the"Benefited Property") and is a burden upon the Property, (ii) attaches to acid tuns with the Property and the Benefited Property, (iii) benefits each successor owner during its ownership of the Bene£ced Property or any portion thereof,and(iv)is binding u on each successor owner during its owncrsliip of the Property or any portion thereof, and each owner haVni lg any interest therein derived in any manner through any owner of the Property or any portion tliereof,whether by operation of lain or any manriei whatsoever. Notwithsuanding the foregoing,Owner may elect from time to tune,in accordance with the tetiins of the Land Offer Agreement,by a dull=recorcled document to remove any portion of the Benefited Property ttona the benefit of die covenants set forth herein. [SIGNATURES ON FOLLOWING PAGE] 2014-10-28 Agenda Packet Page 2� • 3 I 665s s Tiiis is to certify that the interest in, seal property offered herein to the City of hula Vista, a OrO ernmental a?ency,iu hereby acknowledged by the undersigned,City Clerk,,on behalf of the Chula Vista City Co;.tncil pursuant to auffioriuy conferred by Resolution No.c;;aht s'-/�1 of the Chula Vista.City Council adopted on /4l dJ -' 2.0 ,` 008, and die grantees conscnt CO r}.ie recordation thereof by its duly authorized Officer. I DONNA NOR.RIS CITY CLERK Bv:., '-�v��'L`�,.(�° Date: ell,; r D 1 I i i I l 2014-10-28 Agenda Packet Page 28 I • 1 6659 ACh'NOWLCDCEMENT I State of California County of San Die-o On the 13th day of August,2010,before one, Sheree Kansas,Deputy City Clerk,personally appeared Donna R.Non-is who proved to nee on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the sane in her authorized capacity.and that by her signature on the instrument,the person,or the entity, upon behalf of which the person acted; executed the instrument. 1 certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and con-ect. WITNESS nay Land and official seal. n � Sheree Kansas. Deputy Cit Clerk City of Chula Vista {SIrAL) l t 2014-10-28 Agenda Packet Page 2'7-_ i OV 'il'IRREE TWO, LLC a Delaware limited liability company, By: OV THREE ONE, LLC, 6 6 6 LI a Delaware limited liability company, I Its Managing Member By: Otay Village Three Investments, LP, a Delaware limited partnership, Its Managing Member By: PC Mallagentent R1, Inc., a Delawa carpe tlon, Its Gener Partner f Bv: Robert B. Cameron Its Vice President JJJ&K INVEST41IENTS TWO,LLC, a Delaware limited liability company By: JJJ&K INVESTMENTS ONE, LLC, a Delaware limited liability company Its Managing Member By: JJJ&K INVESTMENTS, LP, a Delaware limited partnership Its Managing;Member By: JJJ&K Management, Inc., a Delawa e core ion, 1 Its Genera artner { E By. Robert B. Cameron Its Vice President By: RR Quarry, LLC, a Delaware limited liability company By: JJJ&K Management, Inc., 6 a Delaware rpo 'on Its Managing ember By: Robert B. Cameron I Its Vice President 3 2014-10-28 Agenda Packet Page 281 2014-10-28 Agenda Packet Page 29 i —GAL-10ORNBA ALL-PURPOSE ACKNOWLEDGMENT . 6 6 f 1 State of California County of �A V-1. I G 1 o On A�'�3 2-0 before me, Date Wcr2€t13211 Hama antl Tt31e 01 the ffice personally appeared r7ahwlsl of 53gneri,] I who proved to me on the basis of satisfactory evidence to be the person(pr) whose name( I$ X subscribed to the within instrument and acknowledged to me that 1 I}UNALD J.ROSS he o/tt ey executed the s me i his ttel`/tt�enr authorized cotnm}sston t8t)d8at capacity{ids}', and that bytf/tt�fr signature(s) an the I • Notary Public-C8111afttil instrument the person, or the entity upon behalf of Sao County which the person acted,executed the instrument. Cottxrr. Iran Jttt179 2012 I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS my hand officials I. Signature Pl at i rioiary Sea'Abcv3 Signalvte oft .ary Pubfic OPTIONAL Though the information below is not required by law,ii may p;av e valuable to persons relying on the document and could present traudutent rem.cwal and reatiachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed lay Signer(s) Signers Name: Signer's Name:„ U Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Tille(s): ❑ Partner--❑Limited ❑General _ _ ❑Partner—❑limited ©General I ❑ Attorney in Fact ❑Attorney in Fact TopL f thumb 13ra ❑Trustee Top al Ih mlla hate p Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other: Signer Is Representing: Signer Is Representing: i +;.^-007nfiUna�alt,,MIFVA:soCi3fwn•4.'-`ADe$plpAvo.,PO.$oK2x03•Ct1;at;w3tlh,GA?13132J02•wvrorliatia'a€3dptaty0g 4SemK5,'j07 (1eod°t-C3IlToE!•Freajt•p0087Cr6827 1 f 3 i I 2014-10-28 Agenda Packet Page 3d CC�S+�4aT *:!ip{aalmm�3� ki:slDZ546�•a�i:l��'•'r1f1'dZ � ��7 i ��Inaaa np9i3 rs"c SCA:.ii5rs6o�Ei��3.;nma� I l { I 2014-10-28 Agenda Packet Page 31 C.AL10ORNIA ALL-PURPOSE ACKNOWLEDGMENT ra�r- .�:fco 'st-'�r- .r-r� rTorr .tRc .r,,t>,r°cm.�-c-.rc � .rr,�.- ,-:c>.c-r„�•c,�-r�^..�r c .lac»=r-t- - .l i State of California County of b i f 0 On � ,,T�'2 41 b before me, WFe ) (} liatp�n5erl tJame end lnle 011ha Olticer personally appeared r;�me(5�of Signagsi 1 who proved to me on the basis of satisfactory evidence to be the person('whost; name(,']@7�rk.✓subscribed to the within instrument and acknowledged to me that he b if}ey executed the same in is pf/Oir authorized DROSS capacityoagr, and that by isJ /tl}elr signatureo on the commission t8f3b85t instrument the person (4,Caliterma P ( or the entity upon behalf of ounty which the person acted, executed the instrument. Jain 29.2012 I l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is } true and correct. l WITNESS my ha 7, nd official se z Signata are ' P18a?Notary Sant Alcove 5'�gna r of Notary Pu6lie 1 OPTIONAL j Though the information below is not required by law,it may prove valuable to persons relying on the document i( and could prowent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signers Name: 0 Individual ❑ individual 0 Corporate Officer—Title(s): 0 Corporate Officer—Tit]e(s): CI Partner—©Limited ©General Cl Partner—O Limited ©General ,.. 0 Attorney in Fact ❑Attorney in f=act O Trustee TUI,of 1humh here p Trustee Top U n 1 lk r,here 0 Guardian or Conservator 0 Guardian or Conservator Cl Other: ©Other: Signer)s Representing: Signer Is Representing: r r 2D07 t3ulk�nll atGLlsy A,sncivlro�ti•935a Oz Soto Ave..PD Sot 2J0?•CFra[sworih.GA 9t37a-Za172• v.tdatipnaltdctary org Itemw5W7 Raord?r.CM Toif Free 1.64608766827 I i 2014-10-28 Agenda Packet Page.321_ �82Ji OJfii?DO taef oa; s+ ``... nr� 2014-10-28 Agenda Packet Page 33 4 6663 ; CALOOORNBA ALL-PURPOSE ACKNOWLEDGMENT � State of California County of :5n t / } On ` i 0 before me, c'�i�i C� �Q SS . /1�770e_ t(�c bJ, �� 1 l\ _ t S dale ,�pp HRiC InWer€hh€dgk3 sld TiIl3 ql the t3fucer personally appeared K0 - ✓ ' _ �G1 ?i'!�'lGtn Namclsl at SlynaNSf who proved to me on the basis of satisfactory evidence to be the person whose name Is/ W subscribed to the wijhin instrument and acknowledged to me that =E9.ROSS � l�lfyey executed the same it �i�Ay�ltl�r authorized M:Co 804851 capacity(iM, and that by(firm h6lbeir signatureK on the aMomta instrument the perso*), or the entity upon behalf of unty which the person acted, executed the instrument. i un 29,20i$ i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l WITNESS my hand official se Signature Place Notary Seal At av sig'allue es Nosary Pulpit OPTIONAL Though the information below i$riot required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reallachrrrent of this form to another document. Description of Attached Document + Title or Type of Document: t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) l € Signer's Name: Signer's Name: ❑ Individual ❑Individual © Corporate Officer---Title(s): ❑Corporate Officer—Tille(s): ❑ Partner—C3 Limited 0 General ❑Partner—C3 Limited ❑General ❑ Attorney in Fact ©Attorney in Pact © © Trustee Trustee Trip or Thumb here Top 01 ftmta h,rr © Guardian or Conservator ❑Guardian or Conservator © Other: ❑Other: I Signer Is Representing: Signer Is Representing. A L L—C- el'2007l,ktlioaal r1clary AtaodaWa-9350 Tk'SOTO ave,PO.Box2402•Cha€sv,0rM.CA 9113.2402.tir�vw,Nai3ona€P1aary.ay 11,�m 05907 georUar:Cou Tre rrze 11860"76.1021 I I t I 2014-10-28 Agenda Packet Page 34 • t8�;rer �.nc;zz�mmv� �' +'� �4tau4 2014-10-28 Agenda Packet Page 35 66641 Exhibit A OTAY RANCH VILLAGES 9 AND 10 PORTIONS OF PARCELS E AND F: LOTS 0 AND 14 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP,THEREOF NO. 562, FILED IN THE OFFICE Of=THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7; 1 900, EXCEPTING TIAEkEf ROM THAT PORTION OF LOT 14 OF OTAY RANCHO; CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY,BY DEED DATED APRIL 11, 1912 AND RECORDED JUNE 21. 1912 IN BOOK 570, PAGE: 113 OF DEEDS. PORTIONS OF PARCELS E AND F: LOT 15 OF OTAY RANCHO, fN TIME CITY OF CHULA VISTA.COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862. FILED IN THE � OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. i END OF LEGAL DESCRIPTION (_.11)4kuutc11I,;ml SmIii� n'L�tn[geneiLncsl;iel Sri�ESlTcenixiran Imumat iIcs )L};71%1(0 F Iibit A 11)&K i 2014-10-28 Agenda Packet __ _Eage 36- i 6665 Exhibit B E i LOTS 23 AND 24 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF TIME COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 24 CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 1 I. 1912 RECORDED .TUNE 24, 1912 IN BOOK i70, PAGE 113 OF DEEDS, RECORDS 01= SAN DIEGO COUNTY, THE PARCELS OF LAND SO CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST 506 FEET OF LOT 4 OF SAID OTAY RANCHO AND STRIPS OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND � THE LINE OF THE RIGHT OF WAY OF -mr:i OTAY-CORONADO PIPE LINE, AS DESCRIBED IN 1 SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF SAID PARCELS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 23 LYING WITHIN CHULA VISTA TRACT NO. 05-07 NIC NIlLLfN OTAY RANCH VILLAGE 7 "A" MAP, ACCORDING TO MAP THEREOF NO. 15014, FILED IN T14E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 6,2005. FUR'T'HER EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 23 AND 24 CONVEYED TO THE S'fATE OF CALIFORNIA BY DEED RECORDED ,TUNE 21, 2006 AS DOCUMENT NO. 2006-0437':-64. END OF LEGAL DESCRIPTION l E I laChesuuan€ and ScUfu�slc9crgtnc!„4,t tietting.iTcm� n,ry Intcrnr€Files,€11.}:71',SCtS)£zlsipitl3-E.I�.IA,dut>. 12014-10-28 Agenda Packet _ Page 3r ATTACHMENT 2 O C 4, 2014-Uj1 !J 1UJ Illlllll 1111111111111111111111111111111111111111111111111111111111 IN J Recording requested UL 29, 2014 8:41 AM b%-- OFFICIAL RECORDS 6ry of Chula Vista SAN DIEGO COUNTY RECORDER'S OFFICE Emeat J.Dronenbuig.Ja..COUNTY RECORDER FEES: 0.00 After recording return PAGES: 64 Iv: Cin'Clerk S office 1111111 I 111111 IN 1911 IN IN[III 1111111111111 � [INN IN IN IN Citty of Chula Vista 276 Fourth Avenue (tip, Chula Vista.CA 91910 W �` Attu: Liz Brip-as w 1W\ This s ace/or Recorder's use on/v RESTATED AND AMENDED LAND OFFER AGREEMENT Document Title 7014-10-28 Agenda Packet Page 38 RECORDING REQUEST BY: City Clerk WHEN RECORDED lt4.ALL.TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use RESTATED AND AMENDED LAND OFFER AGREEMENT This Restated d A ended L d Offer Agreement ("Agreement") is entered into to be effective as of 2014, ("Effective Date") by and between SSBT LCRE V, LLC, a Limited 6a bib corporation (referred to collectively as "Ou net") and the City of Chula Vista, a political subdivision of the State of California ("City"). RECITALS A. Owner owns the undeveloped real property Iocated in the City as more particularly shown on the attached Exhibit"A" (the"Property"). B. The Property is part of a master planned community commonly known as Villages 3 North, a portion of Village 4, 8 East and 10 of the Otay Ranch Project. C. Owner and City were parties to that certain Land Offer Agreement, dared play 20, 2008, (the "First Land Offer .Agreement") that was recorded against the Property and additional property commonly referred to as Otay Ranch Village 4 (the"Village 4 Property"). �&CQRpE O N &/i 9/o8 Doc.. -V--4MS— 03A?77? D. On August 17, 2010, the City and Owner entered into an Agreement that superseded the First Land Offer Agreement (the "Superseded Land Offer Agreement") with respect to the Property. The Superseded Land Offer Agreement specifically excluded the Village 4 Property from the pro%isions of said Agreement because the Owner no longer owned the Village 4 Property. E. The Superseded Land Offer Agreement allowed the City* to accept offers of dedication for one hundred sixty (160) acres within the Property for the development of a facility for higher education and other compatible land uses in the Otay Ranch Project if certain conditions of said Agreement occurred. In addition, the Superseded Land Offer Agreement reduced the total potential dwelling units allowed under the First Land Offer Agreement from 7,350 to 6,600 for the Property. F. Owner and City now desire to amend the Superseded Land Offer 1 2014-10-28 Agenda Packet , Page 39 Agreement in order to reflect the new land use plan being proposed by the Owner for the Property artached as Exhibit "B" (the "Land Use Plan") along with a number of other refinements to be added to the Land Use Plan. G. Owner and City, by entering into this Agreement, shall set forth the new terms and conditions precedent for Owner's conveyance and City's acceptance of approximately 130.7 acres within the Property, depicted in Exhibit "C" and legally described in Exhibit "D" (the "University Property") and approximately rwenry two (22) acres of active recreation property within the O€ay Ric=er Valley Regional Park, depicted in Exhibit "E" and legally described in Exhibit"F" (the "Recreation Property"). NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged,Owner and City agree as follows: ARTICLE I DEFINITIONS 1.1. Definitions. This Agreement uses a number of terms hat=ing specific meanings, as defined below. These specially defined terms are distinguished by hating the initial letter capitalized, when used in this agreement.The defined terms include the following "40 Acre University Site" means that certain real property depicted in Exhibit"G" that is located in the preserve as of the Effective Date of this Agreement, and is anticipated to become a part of the City's university. As shown on Exhibit "G," approximately 2.1 acres of the 40 Acre University Site overlap with the University Property and are included within the University lOD that allow=s for the transfer of ownership of the University Property to the City;. "Development Agreements" means the Restated and Amended Pre-Annexation Development Agreement between the City and Jewels of Charity- recorded August 6, 1996, Restated and Amended Pre Annexation Development Agreement between the City and SNMB, LTD recorded August 6, 1996, and Restated and Amended Pre-Annexation Development Agreement between the City and United Enterprises recorded August 6, 1996. "Effective Date" means the date the Agreement becomes effective and is set forth in the first paragraph of this Agreement. „Entitlements" means: (i.) amendments to the City's General Plan and the Otay Ranch General Development Plan w=hich establish 6,600 as the maximum number of residential units to be permitted for development for the Property with the potential maximum of 6,897 residential units that may be permitted pursuant to paragraph 2.121 (the additional 297 units would equal 6,897 as the maximum number of residential units that the City agrees to consider- in good faith for potential development in accordance with paragraph 2.1.2.1 and 2.1.2.2. 2Q14-10-28 Agenda Packet Page 40 t ("Additional 297 units"); (it) Sectional Planning Area Plans ("SPA Plans') for the Property designating the permitted land uses, densities and intensities of development, which are in substantial compliance with the Land Use Plan depicted on Exhibit "B"; (iii) tenrative subdivision maps to subdivide the Property in accordance with the SPA Plans and related entitlement documents, such as Public Facilities Financing Plans, necessary to implement the SPA Plans, as may be identified in the Processing Agreement; and (iv) appropriate California Environmental Quality Act compliance for the discretionary actions outlined in items (a), (t) and (iii)above. "First Land Offer Agreement" means that certain agreement entered into between jjj&K investments Two, LLC; OV Three Two, TLC; and RR Quarry, LLC, all Delawvre limited liability companies and the City, dated May 20,2008. "Growth Management Program" means the City policies and standards intended to regulate the timing and phasing or rate of growth %,6diin the City, as set forth in the City's Growth Management F_lement of the City's General Plan and Chapter 19.09 of the Chula Vista Municipal Code in effect as of the Effective Date of this Agreement. "Hazardous Materials" means any substance, material or waste which is or becomes (1) regulated by any local or regional governmental authority, the State of California or the United States Government as hazardous waste, (it) defined as a "solid waste", "sludge", "hazardous waste", "extremely hazardous waste", "restricted hazardous waste", "Mon-RCRA hazardous waste," "RCRA hazardous waste", or "recyclable material"; under any federal, state or local statue, regulation or ordinance, including without l.trnitatton Sections 25115, 25117, 25117.9, 25120.2, 25120.5, 251227, 23140, 25.141 of the California Health and Safety Code; (iii) defined as "Hazardous Substance" under Section 25316 of the California Health and Safety Code; (iv) defined as a "Hazardous Material", "Hazardous Substance", or "Hazardous Waste" under Section 25501 of the California Health and Safety Code; (v) defined as a "Hazardous Substance" under Section 25281 of the California Health and Safety Code; (,6) asbestos; (vii) petroleum products,including without limitation, petroleum, gasoline, used oil, crude oil, waste oil and any fraction thereof,natural gas, natural gas liquefied, natural gas or synthetic fuels, (viii) materials defined as hazardous or extremely hazardous pursuant to the California Code of Regulations; (Lx) polychlorinated biphenyls; (x) defined as a "Hazardous Substance" pursuant to Section 311. of the Federal Water Pollution Control Act (33 U.S.C. Section .1251, el seq.); (-NI) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901., a seq., (xii) defined as a "Hazardous Substance" or "N-i_:ted Waste" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liabibry Act, 42 U.S.C. Section 9601, et seq. and regulations promulgated hereunder; (xiia) defined as a "Hazardous Substance" pursuant to Section 401.1.5 of the Clean Water Act, 40 C.F.R. 116; OR defined as an "Extremely Hazardous Substance" pursuant to Section 302 of the Superfund Amendments and Reauthorizations Act of 1986,42 U.S.C. Section 11002,el seq. 3 '014-10-28 Agenda Packet Page 41 "Irrevocable Offers of Dedication" means the University Property IOD and the Recreation Property IOD, collectively,as those terms are defined below. "Processing Agreement" means the Project Staffing and Processing Agreement, to be entered into by the City and Owner, in which the timing and processing of the Entitlements will be set forth therein. "Project" means the development of the Property consistent with the provisions of the Entitlements, applicable City policies and srandards including the City Growth management Program. "Property" means the real property described and shown in Exhibit "A" to this Agreement. "Recreation Property" means the real property, approximately 22 acres, east of SR-125 located within the Otay River Valley designated as Active Recreation in the City's General Plan and is included in the legal description of the Recreation Property IOD attached as Exhibit"F." "Recreation Property IOD" means the Irrevocable Offer of Dedication, 3rtacbed as Exhibit"H" that allows for the transfer of ownership of the Recreation Property to the City. "Superseded Land Offer Agreement" merits that certain agreement entered into between JJJ&K Investments Two, LLC and OV Three Two, LLC; both Delaware limited liability=companies and the City, dated August 17,2410. "Term" shall mean the period of time from the Effective Date until the termination of this Agreement as set forth in Paragraph 4.3. 'Third Party Litigation" means any claim, action, referendum or proceeding filed and served against the City and/or Owner by anyone not a parry to this Agreement or their agents or successors in interest to challenge, set aside, void or annul the approval of this Agreement or the Entitlements, including without Iimitation, attacks upon California Environmental Quality Act compliance. "University Property" means the real property, approximately 130.7 acres within the Property= and is included in the legal description of the University IOD attached as Exhibir"D." As shown on Exhibit "G," approximately 2.1 acres of the 40 Acre University Site overlaps with the University Property and is included Nvid n the University IOD that allows for the transfer of ownership of the University Property to the City. "Universitv IOD" means the Irrevocable Offer of Dedication, attached as Exhibit "I" that allows for the transfer of ownership of the University Property to the City. 4 2014-10-28 Agenda Packet Page 42 i ARTICLE 2 OFFER OF DEDICATION AND THE FIRST LAND OFFER AGREEMENT 2A. Superseded Land Offer Aer^ ee ent. This Agreement supersedes the Superseded Land Offer Agreement between Owner and City with respect to the Property. The Parties agree that this Agreement shall prevail With respect to the City's ability to accept the Irrevocable Offers of Dedication. The Superseded Land Offer Agreement is void and unenforceable upon the Effective Date of this Agreement. 2.1.1. Irrevocable Offers of Dedication. The Patties acknowledge that the City was provided an irrevocable offer of dedication under the Superseded Land Offer Agreement. At such time as Owner provides the Irrevocable Offers of Dedication in accordance with paragraph 2.2 herein, City covenants and agrees that it shall vacate the irrevocable offer of dedication recorded pursuant to the Superseded Land Offer Agreement and instead record the Irrevocable Offers of Dedication. As a condition precedent to this agreement, the City must have approved the new legal description for the University Property and have reviewed and approved a Preliminary Title Report for said properties. Concurrently nrith the Effective Date of this .Agreement, Owner shall also submit to the City the Recreation Propery IOD. \'om ithstanding any provisions of the First Land Offer agreement or the Superseded Land Offer Agreement, Owner hereby agrees that the City may accept the Irrevocable Offers of Dedication for the University Property and the Recreation Property= subject only to the terms of this agreement. 2.1.2. Villa€gg 4 Propert. The Owner would Uce to proceed n„ich the entitlement process for Villages 3 North, a portion of 4, 8 East and 10 of the Oray Ranch Project. As stated in the Superseded Land Offer agreement, Owner no longer owns an of the Village 4 Property. Ow=ner acknowledges that nod-Ling in this Agreement shall affect the rights, if any, of the third-parry owner of a portion of the Village 4 Property cc seep land use entitlements from the City pursuant to the First Land Offer Agreement. Ow=ner agrees not to interfere or take any action to prevent the third-party owner of that portion of the Village 4 Property from processing said entitlements, but retains the right to comment on any proposal by the third-party owner of a portion of the Village 4 Property that could have an adverse impact on the Project and the right to enforce any rights Owner may have under that certain Declaration of Use Restrictions for Otay Ranch Village Four, Chula Vista, California recorded in the official records of Sari Diego County as document number 2007-0392805 on June 11, 2007. Morn-ithstanding the foregoing, Owner understands and agrees that the City's acceptance of the Irrevocable Offers of Dedication is not related to or subject to any decision on any entitlements for the Village 4 Property not included under this Agreement. 5 2014-10-28 Agenda Packet Page 43 ?1 2.1. Additional 297 Units.The Parties acknowledge that, as of the Effective Date of this Agreement, the Land Use Plan includes the Additional 297 Units.The City agrees to consider in good faith the incorporation of the Additional 297 Units in the Land Use Plan. Nomithstanding the foregoing, the Parties specifically understand and agree that 0�,vner's obligation to convey the University Property and Recreation Property is in no way contingent on the City's approval of a Land Use Plan that includes the Additional 297 Units. In the event that the Owner and City have not been able to agree on the placement of the Addirional 297 units, or any part thereof, on the Land Use Plan at the time such as the Entitlements are to be decided upon by the City, Owner understands and agrees that the City shall nevertheless be entitled to accept the Irrevocable Offers of Dedication if the Entitlements are approved in accordance airh paragraph 3.3 of this Agreement for a mavdmum of 6,600 residential units or for a number of units that exceeds 6,600 but is something Iess than 6,897. In such event, the Additional 297 units, or any part thereof, not approved by City, shall no longer be available to the Owner. 2.1.2.2. Paves In the event the City approves the Entitlements c6ch the Additional 297 Units, and should the portion of Village 4 Property that is not owned by the Owner receive approval of entitlements of over 453 dwelling units, the Owner shall pay the City two thousand dollars ($2,000.00) for every dwelling unit over 453 units approved by the City for said portion of Village 4 up to a maximum of 297 units. Owner's obligation to pay said amounts shall not expire with this Agreement and shall be enforceable by the City by tentative snap condition, for ten (10) years after the City has accepted the Irrevocable Offers of Dedication, if such acceptance occurs as set forth in this Agreement. 12. Offer of Dedication. Concurrently with the Effective Date of this Agreement, Owner shall submit to the City the University* Property IOD for fee tide to the University Property subject to the uses set forth in the University Property IOD which include higher educational purposes and related compatible uses, active public recreation, quasi-public, and all other uses, including residential, industrial and commercial. The uses set forth for the University Property are referred to collectively as the "Permitted Uses." In the event the City determines that the University Property or a portion rhereof will be developed for any Permitted Uses other than (i) higher educational uses, including a university campus; (ii) university-relaxed housing (student and/or faculty housing); (iii) a regional technology park or campus intended to attract and promote a university; or (w) uses ancillary to a university, such as a bookstore, coffee house or copy center, or other accessory land uses commonly associated with higher educational institutions (uses other than those described in subsections (i) through (iv) collectively shall be referred to as "Non-university Development"), Owner shall have the right to repurchase that portion of the University Property proposed for Non-university Development in accordance with the €erms and conditions set forth herein ("Repurchase Right").\onvithstandi-teg the foregohig, the Repurchase Right shall not apply to the 40 Acre University Site or the Recreation 6 2014-10-28 Agenda Packet Page 44 Property. The Repurchase Right shall take effect upon the City's acceptance of the University Propem IOD and expire fifteen Fears after the Entitlements are approved by the City ("Repurchase Right Expiration"); unless terminated earlier as to all or a portion of the University Property in accordance with Paragraph 2.4. Owner hereby represents to the City, that to the best of Owner's actual knowledge, the property owners of Village 4 have no property interests in the University Property. 2.3. Offer to Purchase. In the event the Repurchase Right is triggered in accordance with Paragraph 2.2, the City shall promptly offer to sell that portion proposed for Non-university Development to Owner ("Offer to Purchase"). The Offer to Purchase shall include the following: {�) Purchase Price (fair market value, subject to Paragraph 23(iv) below), to be paid in cash. Closing Date,not sooner than 60 days from the date the Purchase Agreement is executed. (tit) The Purchase Agreement shall be substantially in the form attached hereto as Exhibit")" (iv) if the parties do not agree on the fair market value of that portion of the University Property proposed for -Non-university Development, then the fair market value of said property shall be determined by an appraiser acceptable to both parties. if the parties are unable to agree on an appraiser w'i+jn ten (10) days after the City delivers the Offer to Purchase to Owner ("Delirery Date'), Within twenty (20) days after the Delivey Date, each party shall each name an appraiser who is a member of N AI or an equivalent organization and has at least five (5) years experience appraising similar properly in the Chula Vista area. If either party fails to appoint such an appraiser within such period, and such failure continues for more than five (5) days following written notice from the other patty, the appraiser appointed by the party giving such notice shall proceed to make the appraisal as herein set forth, and the determination thereof shall be conclusive on both parties. The two (2) selected appraisers will each prepare an appraisal report within thirty (30) days after their appointment. If the two (2) appraisers' determination of the fair market value of said property is w=ithin ten percent (10%) of each other, then the fait market value of the same will be the arithmetic average of the two (2) appraisals. Otherwise, the two (2) selected appraisers will appoint a third appraiser nzthin ten (10) days after issuance of their appraisal reports, ("Deciding Appraiser") meeting the same qualifications and who has no preexisting material financial or business relationship with either of the appraisers, City or Owner. If the two (2) selected appraisers fail to appoint a Deciding .appraiser within such period, then either party may petition a court of competent jurisdiction to appoint a Deciding 7 2Q14-10-28 Agenda Packet Page 45 Appraiser meeting the qualifications set forth herein, in the same manner as provided for the appointment of an arbitrator pursuant to California Code of Civil Procedure section 1281.6. The Deciding Appraiser may not receive or consider the appraisals prepared by the either two (2) appraisers. The Deciding Appraiser will deliver its report to the,parties.within thirty.(30) days after its i appointment and the fair m—ket value of said property will be eiiher. () if the- f fait market value determined by the Deciding Appraiser is between the values determined by the first two (2) appraisers, the arithmetic average of the two (2)� appraisals that are closest to each other, or,' (n) if the fair market ,value determined by the Deciding Appraiser is higher or lower than both of the values determined by the first two (2) appraisers,,the fair market value determined by• the appraisal of the first two (2) appraisers thkt is closest to the value determined by the Deciding Appraiser. The pasties shall share equally the Fees and expenses 3 of the appraisers jointly named,if any,but each party shall.be responsible for the fees and expenses of any appraises named solely by that party._Each party'shall ' bear its own expenses in presenting evidence to the appraisers. The determination of fair matket value by the appraiser(s) shall be final and binding . on the parties. NOTICE: IF FAIR MARKET VALUE IS NOT AGREED UPON PURSUANT. ' . TO PARAGRAPH 2.3(iv) THEN BY INITIALING IN THE SPACE BELOW, i YOU ARE AGREEING TO HAVE THE DETERMINATION OF THE FAIR MARKET VALUE OF THAT PORTION - OF' -THE UNIVERSITY.•. } PROPERTY PROPOSED FOR NON-UNIVERSITY- DEVELOPMENT AS: PROVIDED IN THIS PARAGRAPH 23 (iv) 'DECIDED BY NEUTRAI: .. ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND-YOU ARE-:. GIVING UP ANY RIGHTS YOU MIGHT POSSESS.REGARDING THE FAIR MARKET VALUE TO HAVE LITIGATED IN A COURT-OR JURY ` TRIAL. SUCH ARBITRATION WILL NOT APPLY TO ANY OTHER - 1 DISPUTES OR MATTERS UNDER ' THIS - AGREEMENT.'- -BY` INITIALIZING IN THE SPACE BELOW, YOU ARE GIVING.UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,. UNLESS THESE. RIGHTS ARE SPECIFICALLY INCLUDED IN THIS PARAGRAPH 23 (iv). IF YOU REFUSE TO SUBMIT TO ARBITRATION AS• SET FORTH HEREIN AFTER AGREEING TO THIS PROVISION, YOU MAY"BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF .THE' CALIFORNIA CODE OF CIVhL,PROCEDURE.YOUR ' s 2014-10-28 Agenda Packet Page 46 AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTOOD THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS PARAGRAPH 2.3(iv) TO NEUTRAL ARBITRATION. OWNER'S INITIALS: CITY'S INITIALS: 2.4 Repurchase Right.Cirr and Owner agree to negotiate in good faith the Purchase Price contained in the Offer to Purchase,provided however,if Ciry and Owner cannot agree on the Purchase Price within twenry (20)days after the City delivers the Offer to Purchase to &vner, the Purchase Price shall be determined in accordance with Paragraph 2.3(iv). Owner shall have ten(10) days from the date Owner is notified of the final determination of fair market value pursuant to Paragraph 2.3(iv)within which to notif%-the City whether it intends to exercise its Repurchase Right. if Owner declines to exercise the Repurchase Right, or fails to timely notify City of its deterrination, the Repurchase Right shall be terminated as to that portion of the University Property proposed for \Ton-university Development. In such event, the Cin• shall have a right to Proceed with the proposed development or sale at the same or higher price than that set forth in the Offer to Purchase,and equivalent terms.Thereafrer,if the City decides to change the price of said property- to be less than that price set forth in the Offer to Purchase, or to change other material terms of the same,City shall provide Owner with a new offer to purchase before offering the University Property to any other prospective purchasers ("Renewed Right to Purchase"). The Renewed Right to Purchase shall be governed by the terms of this Agreement. The Renewed Right to Purchase shall expire concurrent]%• with the Repurchase Right Expiration. The Repurchase Right and Renewed Right to Purchase shall terminate prior to the Repurchase Right Expiration as to any portion of the Untverstry Property- for which Owner declines to exercise such rights. Owner agrees to deliver to City within ten (10) business days of City's wrirten request, a quitclaim deed releasing the University Property, or a portion thereof, from the provisions of the Repurchase Right and Renewed Right to Purchase upon the expiration or earlier termination of said rights as to all or a portion of the University Property. 2.4.l Effect of Conveyance on Repurchase Right.At no time shall more than one legal entity possess the Repurchase Right."l-he Repurchase Right shall rertninate as to any portion of the Property conveyed by Owner to a third par•which conveyance comprises less than the total Property owned by Owner immediately prior to the conveyance. For example, if Owner conveys to a developer thirty' percent (30%) of the Property, the Repurchase Right shall terminate as to the thirty percent (30%) conveyed. Lander this example,the Repurchase Right would not terminate as to the remaining seventy percent (70%) of land retained by Owner. If the Owner conveys the entiren- of the Property at any one time (a"bulk-sale"),the Repurchase Right shall not terminate and shall continue to run with the land conveyed in the bulk-sale. Using the example above, if Owner subsequently conveyed the remaining seventy percent (70%) of the Property• in a 9 2014-10-28 Agenda Packet Page 47 bulk-sale to a developer, the Repurchase Right would not terminate as a consequence of such conveyance. i 2.4.2. No Vested Development Rights. Owner•acknowledges and agrees that neither . { this Agreement nor the Development Agreement confer vested development rights upon any . portion of the University Property acquired by wner pursuant to the'Repu�rchase Right and O Owner shall be subject to applicable City land use regulations with regard to any future i applications to develop said property. 2.5. Execution of Offer. If the Owner exercises the•Repurchase Right for that portion of, the University Property proposed for Non-university Development, Owner 2grees•to execute ' the purchase agreement, in substantially the form attached hereto as Exhibit: "J"• within forty Ifive (45)daps after the determination of fair market value pursuant to Paragraph 2.2 (iv). ' 2.6. Tide Insurance. Owner has obtained, at its expense, title insurance naming the City ' as the insured and,guaranteeing fee title, subject to any exceptions or conditions approved by - 4 the City, for the University Property and Recreation Property from Chicago Tide Insurance k Company in an amount reasonably agreed upon by the parties representing the estimated fair market value of the properties as of the Effective Date of the First Land Offer Agreement. Owner shall maintain said title insurance for the University Property.and Recreation Property ' in full force and effect until the City has accepted the Irrevocable Offers of Dedications pursuant to the provisions of this Agreement. Owner shall provide the City with proof of said title insurance concurrent with the Effective of this Agreement. 2.7. Encumbrances. The Owner or successors-in-interest to Owner may place liens, encumbrances and other title exceptions on the University Property and Recreation Property up until the time frames set forth herein for the respective properties;provided however such liens, encumbrances, and other exceptions to tide are-removed-from the title to said properties in accordance with the terms of this Agreement. Owner shall provide the City with written notice of any liens, encumbrances, or other exceptions placed on the respective ' properties within thirty (30) days of.its placement on said properties. Notwithstanding any provision of this Agreement, Owner agrees -that prior to the City's acceptance of the jIrrevocable Offers of Dedication it shall take apy and all actions necessary to provide each of the respective properties to the City free and clear of all liens and encumbrances other than.: :. - (} any easements and rights-of-way determined upon hail approval of the Entitlements required for development of the Project'-which do not materially interfere-with the intended use of the University Property for the Permitted Uses or the intended uses of the Recreation Property; (u) prorated non-delinquent real estate taxes,special taxes and assessments;and (ut) those exceptions to title that are approved by the City (collectively of Preliminary Title Report, prepared by Chicago Title Company, dated , and are referred to as the "Permitted _ Exceptions." In addition, Owner skull not pledge the rights to this Agreement as security for any of its other obligations. k Io - - I - 2014-10-28 Agenda Packet Page 48. 1 I 2.8. Removal of Encumbrances. No later than thirty (30),calendar clays prior to the first public hearing on the Entitlements,Owner shall remove all liens,encumbrances and any other j exceptions,other than the Permitted Exceptions,and any other exception not approved by the l City from the title to the University Property and Recreation Property or otherwise idemonstrate, to City's satisfaction, an irrevocable commitment and ability to remove'said title matters immediately upon approval of the entitlements. Owner shall provide the City with an updated Title Report for the University Property and Recreation Troperty thirty (30) calendar days prior to the last public hearing for the Entitlements as set forth in this Paragraph. Owner _ j understands and agrees that if Owner fails to remove all 'liens, encumbrances'and those exceptions, other than the Pern fitted Exceptions, not approved by the City,in the time frames set forth herein, this Agreement and the Processing Agreement shall. be termitiated and any remaining hearings on the Entitlements shall be can -and the application for the k Entitlements shall be considered�vithdmwn by die Owner. 2.9. Hazardous Waste Repom Owner shall provide the City within thirty (30) days of the Effective Date of this Agreement with a Please One Hazardous Waste Report, on the University Property and Recreation Property by a professional firm acceptable to the City and I again not less than thirty (30) clays prior to the first public hearing for the Entitlements with aii f update of the Phase One Hazardous Waste Report for the respective properties by the same- professional arm. Owner shall be responsible for the costs of both reports. Owner.. = understands that the City's acceptance of the Irrevocable Offers of Dedication is conditioned upon the City's approval of said report and that the City has entered into this Agreement contingent on the University Property and Recreation Property being free and clear of any environmental condition which would be a violation of any applicable federal, state or local law, ordinance or regulation relati,.ng'to Hazardous Materials. Owner further understands and agrees that Owner,in addition to any obligations as the property owner, is fully responsible for A the administration and oversight of the environmental condition of the University Property` I and Recreation Property until the City has accepted the Irrevocable Offers of Dedication. If after,the City's review of the updated Phase One Hazardous Waste Report for said properties, j the City determines the environmental condition of the University Property or Recreation FProperty are not acceptable to the City, Owner may, in its discretion, cure_said condition =_ within thirty (30) days of City's written notice to Owner that such.property is not acceptable.-If. Owner decides not to cure the condition of the University Property or Recreation Property, this Agreement and the Processing Agreement shall be terminated and any applications submitted for the Project shall be considered withdrawn by the Owner and any and all hearings for the Entitlements shall be cancelled. ' 110. Transferof Units. owner rrmy transfer, at its discretion,up to fifteen percent (15%) of the units allocated to a village within the Project to another village within the same Project . The Development Services Director may approve,in his or her discretion,any transfer of units j more than fifteen percent (15 1/4) or any transfer of units to another village within Otay Ranch but not within the Project,if all of the following requirements are satisfied: j 214-10-28 Agenda Packet Page 49 (:) The transfer of units between villages is consistent with the village design policies and the Entitlements that have been approved by the City for the village into which the units are being transferred; The total number of units for the Project is not exceeded; (tit) Public facilities and infrastructure including schools and parts are provided based on the final number of units within each village or Planning Area; (iv) The planned identity of the villages are preserved including the creation of pedestrian friendly and transit-oriented development;and (v) Preserve conveyance obligations will continue to be based on the final map development area. ARTICLE 3 OFFER OF DEDICATION 3.1. Entiflements Processing. Owner will file with City all applications and pay all applicable fees for the review, processing, and consideration of the Entitlements by the City. City will diligently process, in accordance with the schedule set forth in the Processing Agreement, the Entitlements for final consideration by the City Council,. Notwithstanding the foregoing, the City's acceptance of the Irrevocable Offers of Dedication is not contingent on the time frames associated with the processing of the Entitlements as set forth in the Processing Agreement, except that final approval of the Entitlements trust be received by the Owner within the time frame set forth in Paragraph 3.3 herein. Owner understands and agrees that the processing and/or approval of final maps,grading permits and other ministerial permits are not subject to this Agreement and the acceptance of the laevocable Offers of Dedication to the City shall not be contingent on Owner receiving such ministerial approvals. In addition, Owner acknowledges and agrees that the City has not made any representations or warranties as to the viability of any of the Land uses contemplated in the Entitlements. 3.2. Review Period. Owner shall have thirty (30) days after the final draft for the Entitlements (which include all of the conditions and mitigation measures associated with said documents) ("Final Draft Entitlements") have been completed by the City, to review such documents and decide whether to proceed with processing the Entitlements. During the Owner's thirty-day review period, City agrees to meet with Owner in good faith to discuss the draft documents and consider any changes Owner may request. Owner shall notify the City in writing, at the conclusion of the thirty-day review period, as to whether Owner wishes to continue processing the Entitlements. Owner may decade to stop processing the Entitlements if Owner determine s' in its sole discretion that it is economically infeasible or undesirable to continue. If City is notified to stop processing Entitlements and the reasons thereof, this Agreement shall tefnninate,and the application !? 2014-10-28 Agenda Packet Page 50 I tFFi for the Entitlements shall be considered withdrawn by the Owner. �. 33. Approvnl of Entitlements. If the Entitlements are approved by the City Coiukl in substantially the forrn of the Final Draft Entitlements on or before twenty four (24) months after Owner has submitted a completed application for the Project to the City, as such time . may be extended as provided for in Paragraph 7.9 (Force Mijeure), City shall accept, the Irrevocable Offers of Dedication after the thirty (3Q) days statute of limitations set forth in the California Environmental Quality Act (as may be amended from time to tune) and any l additional time caused by Third Party Litigation, as described in Paragraph-3.4 herein. In the. tevent of Third Party Litigation, City shall accept the Irrevocable Offers of Dedication within _ thirty (30) days after entry of a final, non-appealable judgment affirming the vali dity,of the Entitlements or other resolution mutually acceptable to the patties ("Favorable Outcome"). In the event of any outcome to the Third Party Litigation other than a Favorable Outcome, the parties agree to meet and confer regarding corrective action necessary to preserve the Entitlements. In the event Owner or City determines it is not in 0%,ner's or City`s interest to , 4 proceed with the corrective action necessary to preserve the Entitlements,this Agreement shall f, terminate and any Entitlements that have been approved by the City shall be considered void l ab initio and be of no effect. In the event Ownex and City elect to proceed with the corrective ' action necessary to preserve the Entitlements, the City shall accept the Irrevocable Offers of t Dedication within tlh.irty(30) days after entry of a final, non-appealable judgment affirming the' validity of the Entitlements. In the event the City does not approve the Entitlements in substantially the form of the Final Draft Entitlements or in such corrected form as necessary to preserve the Entitlements, on or before twenty four (24) months after Owner has submitted a ' completed application for the Project to the City, as such time may be extended as provided for- in Paragraph 7.9 (Force Majeure), any Entitlements received by Owner shall be considered to A. have been withdrawn by Owner,City's action on the Entitlements shall be void ab initio and be j of no effect and the City shall vacate the Acknowledgtmnt of the. Irrevocable Offers of Dedication as set forth herein. t 3.3.1. Transfer of Interest. In the event that any right, title or interest to.the Property . i or any portion thereof have been sold or otherwise conveyed to one or more third parties prior to the City council taking final action on the Entitlements, and one or more of such parties withdraws its application or submits a modification to the Entitlements for its respective iportion (the "Third Pasty's Portion'% then, notwithstanding such third party action, solong _ as (a) the City Council approves the Enadements for the remainder of the'Property (i.e., the Property minus the Third Party's Portion), and (b) the Entitlements for.the remainder of the a Property are in substantially the same form as the Fiscal Draft E.ad lements (allowing for reasonable modifications to the area of application and the conditions of approval to account for such change), the City may, nonetheless, proceed to accept the Irrevocable Offers of s Dedication, subject to the provisions set forth in Paragraph 3.3. hereof, above. For avoidance of doubt, if a third party acquires Owner's entire interest in the Property such that there is no f remainder of the Property,the third party may withdraw the entire application in accordance with l the provisions set forth in Section-3.2 above and in that case the City may not accept the Irrevocable Offers of Dedication and this Agreement shall terminate. I i . 3,4. Third Party Litigation. In the event of the occurrence of Third Party Litigation, the 13 2014-10-28 Age.nda Packet Page 51 i term of this Agreement shall be extended for the period of the pendency of the Third Parry Litigation or until such time as either the City or Owner Cfxrespective of who is named in the Third Party Litigation) decides it is no longer desirable to defend against the Third party Litigation, at which time written notice shall be provided to the other party requesting ternzination of this Agreement_ In such event, the Entitlements received by Owner shall'be considered withdrawn by Owners and be null and void. The City shall return the Irrevocable. Offers of Dedication to the Owner. 1 � I - 3.5. Community,Furoose Facilities Credat�_ If the City has accepted the Irrevocable Offers of Dedication, Owner's obligations to provide Community Purpose Facilities ('CPF")land uses -_ I within the Property shall he deemed satisfied. Notwithstanding the,foregoing; Owner shall ! provide (subject to the approval of the Development Services Director) four acres of CPF uses in each village. The Development Services Director shall reserve the right to waive the four ! acre CPF requirement at his/her discretion. 3.6. Discretion of City._Owner understands and agrees that the City reserves the right to exercise its discretion as to all matters which the City is by law entitled or required to'exercise t its discretion with respect to the Entitlements, including but not limited to, the California j Environmental Quality Act and other similar laws. In addition,the Entitlements shall be subject' ' f to and brought to City Council for consideration in accordance with applicable legal requirements, including laws related to notice, public hearings and due process. In addition, nothing herein shall be construed as to restrict the City's ability to exercise its discretion as i provided by the City's Growth Management Program or to condition the Project in the manner iCity determines appropriate in accordance with its general police powers. 3.7. [Intentionally omitted) 3.8. [Intentionally omitted-] r 3.7. University Design. The parties acknowledge and agree that a university will benefit the citizens of the City and the region and could provide a unique opportunity to complement the development of the Property- The City acknowledges that the Owner may participate, by ` providing input and feedback to the City, in the design of any future university within Otay } Ranch including the design of the University Property. City agrees to solicit input from Owner, and the public,meet with Owner to discuss the design of a university,and provide to Owner all 1 non-privileged documents, studies and materials relevant to the design and development of.a ! university. It is the desire of the parries to work cooperatively, as allowed by law, in the design of the university to _insure compatibility of land uses, design and architecture.with other ` adjacent properties, including-the Project, Notwithstanding the foregoing, nothing contained F herein shall be construed as to restrict the City's ability to exercise its legislative authority or its discretion as to all matters which the City is by law entitled or required to exercise its discretion ' with respect to any future decisions of the City with respect to any matter pertaining to the University Property or design of a university. 3.8. Community Facilities Districts. City agrees that, in addition to the facilities, improvements and fees listed in the "City of Chula Vista Statement.of Goals and'Tolicies Regarding the Establishment of Community Facilities Districts," approved by the Chula Vista • - City Council on December 8, 1998, local parks (neighborhood and community parks), and 14 2414-10-28 Agenda Packet Page 52 intract improvements that are approved for inclusion by the City and are within Owner's : Property, shall be eligible for inclusion in any community facilities districts-("CFDs') and, therefore, eligible for reimbursemenL In addition, City agrees that the current City policy with regard to CFDs limiting the total assessment to two percent (2 0/6) of home sales prices shall [ remain in effect for Owner's Property. City agrees- to memorialize the above described provisions as a part of the Entitlements- 3.9. Development Agreements. City agrees to process,the amendments to the Development t - Agreement to include the provisions specifically set forth on Exhibit"K" for consideration by -" the City Council in accordance with applicable legal requirements and as a gait of the i Entitlements. ' 3.10. Financial Parcel Maps/Lot Line Adjustments. Owner agrees that any application for the processing of financial parcel maps or lot line adjustments (the "Maps') for the Property will be submitted and processed in accordance and consistent with the General Plan and Otay Ranch General Development.Plan as amended by the Entiderdents."City agrees to process the- ' Maps in good faith concurrent with the processing of the Entitlements. Owner understands, and agrees that the City may not take action on the Maps prior to City Council's consideration of the Entitlements and that Owner shall not forward the Maps to the County Recorder;for E ' recordation or cause said Maps to be recorded until after the 30 day CEQA statute of lia itations and any additional time caused by Third Party Litigation, as described in-Paragraph j 3.4 herein,has expired. ARTICLE 4 Additional Laird Plan Matters 4.1. Industrial Lands. Owner may process Eniitlernepts, including a Laird Use Map, that converts up to a z wdmum of-31.3 acres of the Property, as shown on Exhibit '•`L," from its . 1 cuJuendy designated use as Industrial to Resideritial-and 18.7 acres to'Mixed bse/Qffice, provided the Entitlements and the Land Use Plan provides for more useable industrial parcels - on the adjacent industrial lands and in particular to the properties located north of Heritage jRoad. Notwithstanding the foregoing, Owner understands and agrees.that the City reserves:its right to exercise its discretion•with respect to-the' Entitlements as set forth in•paragraph 3.3 : herein, and that such Entitlements are subject to City Council approval- OwneefLucher agrees ' that the City Council shall have been deemed to have approved• the•Entitlements• in substantially the form of the Final Draft Entitlements, if air alternative to the Project that does not include the conversion of the Property from Industrial. uses, as shown tin Exhibic ='L, is f approved and shall be entitled to accept the Irrevocable Offers of Dedication_ as set forth in Paragraph 3.3 above under such circumstances. i 4.2. Emplo=ent Land Studies. Owner agrees to provide the City the sum of fthy thousand dollars ($50,000-00) concurrent with the approval of the first final A or B Map for any village within the Project that should occur first, to conduct a study regarding employment lands in the ' City. City shall be solely responsible for deciding on the consultant and the scope of woxk for such study. 4.3. Office Parcel. Owner may process Entitlements, including a Land Use Map that' converts a 6.1 acre parcel east of the entry road to Village 3, as more particularly-shown on : 2-114-10-28 Agenda Packet Page 53 Exhibit L, to Office uses, pro6ded eighty percent (80%) of the square footage shall be designated for office uses and twenty percent (20%) shall be for commercial uses. The Office uses shall be supportive of Industrial land uses. \om irhstanding the foregoing, Ohrner understands and agrees that the City reserves its right to exercise its discretion with respect to the Entitlements as set forth in paragraph 3.3 herein, and the Entitlements are subject to City Council approval I 4.4. Preserve Bank.As a part of the Entitlements being processed, the City agrees to use the City's fifry (50) acre preserve bank, of up to 4 acres, for future facilities provided under the IISCP to off-set impacts from the Project's water quality basins to be located in the benches south of Village 10 at a location that minimizes the footprint of said facility. Notwithstanding the foregoing, Owner shall comply with all applicable provisions of the City's MSCP and all other related requirements, policies and laws. The O-wner agrees to size the neater quality basins depicted in Exhibit "M" (and including the associated infrastructure such as pipes), sufficient in size to accommodate the tributary flows and natural drainage within the upstream University drainagc area also identified on Exhibit"'N4" and to accept such flows and natural drainage; provided that acceptance of such tributary flows does not require the graded footprint for each water quality basin to exceed two acres and provided further that acceptance of such flows does not preclude Owner from being able to accommodate the necessary flows its own property without exceeding two acres of total graded footprint impact for each of the two water quality basins. 4.3. Village 10. The Parties acknowledge and understand that the proposed land plan for Village Ill has evolved out of negotiations between Owner, the Ciry as the developer of the university, and Otay Land Company ("OLC") as the developer of the adjacent property in Village 9. As a result of these negotiations, OLC has agreed to exchange certain properties NVith the City so as to allow Owner to acquire and develop as a part of Viilage 10 the property identified in Exhibit "\" (the "Exchange Property"). Owner acknowledges and understands that as of the Execution Date of this Agreement, the City does not own fee tide to the Exchange Property which is subject to that certain Land Offer Agreement entered into between the City and OLC,dated May 2008 ("OLC-LOA") and the Right to Repurchase set forth in the OLC-LOA. Said property is being included in the Land Use Plan and Entitlements at the request of the Owner and no representations has been made by the City that it will obtain the Exchange property or that the Right to Repurchase will be removed from title to the Exchange Property. If the City obtains title to the Exchange Property and the Right to Repurchase is removed from its title, the Exchange Property will be conveyed to Owner if the City has accepted the Irrevocable Offers of Dedication and after the applicable statutory period of limitations as set forth in paragraphs 3.3 and 3.4 of this Agreement has expired and the City has the right to retain the accepted Irrevocable Offers of Dedication. Owner is relying solely upon its own inspection, investigation, and analysis of the Exchange Property and is subject to conveyance to the Owner on an "as is" basis. The parties agree that City makes no representations or warranties regarding the condition of said Exchange Property or the fitness of said land for Ou-ner's intended use or development thereof. As part of these same negotiations, CiEv agreed to allow the southerly curb litre of the right of way for Discovery Falls to be included ,6diin the boundaries of the University Property. City agrees to process an amendment to the Eastern Transportation Development Impact Fee (TDIF) Program to include Discovery Falls Drive and Eastlake Parkway/University Drive for City Council 16 2014-10-28 Agenda Packet Page 54 approval or denial. Notwithstanding the foregoing, Owner understands and agrees that the ' City's acceptance of the Offer of Dedication for the University Property and Recreation ' Property is in no way contingent upon the City Council's approval or denial on. said amendment to the TDII"Program- ARTICLE 5 j BOUNDARY LINE ADJUSTMENTS 5.1. Preserve Mnrters. The Parries understand that the 40"Acre University Site is currently included in the Otay Ranch Preserve and, therefore, cannot currently be developed. It is the intention of the parties to include the 40 Acre University Site within.the uaiversity campus. Owner and City agree to work diligently together to obtain the applicable governmental agencies approval of the development of the 40 Acre University Site in exchange for approximately fifty (50) acres of land owned by the City and currently,planned for university ! uses adjacent to the Lower Otay Reservoir depicted in Exhibit "O" attached hereto (the , "University Lake Property'). The Parties understand that development of.the 40 Acre University Site will require an amendment to the City's MSCP,including a boundary adjustment s to the Preserve, and final approval by applicable governmental agencies. Owner shall process a boundary line adjustment or amendment to the MSCP for the development of the 40 Acre University Site in conjunction -with processing a boundary line adjustment or MSCP i amendment for development of a portion of Oavner's land located within Villages 3 north, 4 and 10. Owner agrees to concurrently negotiate process and pursue said changes:to' the 1 MSCP with the applicable governmental agencies for both the 40 Acre University Site and for. the property in Villages 3 North, 4 and 10. Nothing herein shall be construed to entide the " Owner to use the University Lake Property for obtaining development entitlements for the I Villages 3 North, 4 or 10 site. 5.1.2- Not Related to Offer of Dedications. The Parties understand and agree that Owner's obligation to convey the University Property and Recreation Property pursuant to this Agreement is in no way contingent on the boundary line adjustments or MSCP amendments described in this Article 5. In the event that the 40 Acre University Site or the boundary { adjustments within Villages 3 north, 4 and 10 are not approved by the applicable governmental ` agencies,Owner shall neveirheless be obligated to convey the University Property and Recreation Property pursuant to this Agreement. ARTICLE 5 GENERAL PROVISIONS 1 6.1. Infrastructure to Serve City.Pro2erries. Unless specifically stated in this Agreement, i Owner will not be required to fund,and the development of the Property shall not be' conditioned upon the fundipg or construction of public infrastructure required to serve the University Property or Recreation Property including,without limitation,streets,sanitary, sewer, storm drain, basins,water,park,'open space, landscaping and dry utility facilities unless City I provides reasonable assurance of fianding or reimbursement in accordance with State Lary jand/or the City's ordinances. 6.2. Ciry Properties Assessments_ City agrees not to impose on the University Property or Recreation Property any special maces, assessments, fees, charges or other exactions prior to 17 f F 214-10-28 Agenda Packet 'Page 55 City acceptance of the Irrevocable Offers of Dedication. Owner shall be responsible for paying any taxes, liens and assessments currendy being imposed on the University Property and Recreation Property until the City has accepted the Irrevocable Offers of Dedication. 6.3. Term The term of this Agreement and the rights, dudes and obligations of the parties under this Agreement shall expire five (5) years from the Effective Date unless extended due to Third Party Litigation or Force Majeure as herein defined,except for such provisions herein which expressly survive beyond the expiration of this five-year term. 6.4. "As Is" Conveyance_. City is relying solely upon its own inspection, investigation, and analysis of the University Property and Recreation Property in entering into this Agreement. The University Property and Recreation Property will be conveyed to City on an"as is" basis.The parties agree that Owner makes no representations or warranties regarding the condition of the University Property or Recreation Property or the fimess of said land for City's intended use or development thereof. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1. Entire Agreement. This Agreement, the Processing; Agreement and Entitlements set forth contain the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to as an exhibit herein. No testimony or evidence of any such representations,understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement 7.2- Sevembility. If any terms provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing. 7.3. lntei32rctation and Qoverning Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto,and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all pasties having been represented by counsel in the negotiation and preparation hereof. 7.4. Pm,graph_ Headings All Paragraph heading and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 18 2014-10-28 Agenda Packet Page 56 7.5. Stnrad P1ura3.As used herein, the singular of any word includes the plural. 7.5. Time of Bence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 7.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 7.8. No Third Paz„ +Beneficiaries. This Agreement is trade and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provisions of this Agreement. 7.9. Force Majeute. Neither parry shall be deemed to be in default where failure or delay in perforce of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, stripes and other labor difficulties beyond the party's control (including the party's employment force), governmental regulations beyond the Cites reasonable control, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such event shall occur or should delays be caused by Owner failing to submit plans or other documents in a timely manner that causes a delay in the Ciry's processing of the Entitlements, or requests further changes or amendments to the Project or Entitlements, the term of this Agreement and the time for perfortance shall be extended for the duration of each such event,provided that the term of this Agreement shall nor be extended under any circumstances for more than five(5)years. 7.10. Mutual Covenants. Unless expressly provided otherwise in this Agreement, the covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 7.11. Successors in Interest Unless expressly provided otherwise in this Agreement, this Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the pasties as to any or all of the Property until released by the mutual consent of the parties. The burden of the covenants contained in this Agreement benefit and burdens the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the beneficiary of such covenants for and Mi 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, retrained or are owners of any particular land or interest therein. 7.12. C„ounteMarts. The parties may execute this Agreement in counterparts, which counterparts shall be construed together and have the same effect as if all the parties had executed the same instrument. 19 2014-10-28 Agenda Packet Page 57 7.13. jurisdiction and Venue. Any action or law or inequity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Diego, State of California, and the parties hereto waive all provisions of law providing for the filing,removal or change of venue to any other court. E 7.14. Fullher Actions and Lnstrurnents. Each of the parties shall cooperate with and provide .reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement_ Upon the request of either party at any time, the other parry shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings reasonably acceptable to such party and tape any actions as may be reasonably necessary under the terms of this Agreement to catty out the intent and to fulfill the provisions of this Agreement, including without limitation actions necessary to remove this Agreement from the chain of title as to all or a portion of the Property when authorized by this Agreement, provided that neither party will be obligated to modify any rights or accept any additional obligations or liabilities in connection therewith. Following City's acceptance of the Irrevocable Offers of Dedication,upon the request of Owner,City urill take actions reasonably necessary to remove this Agreement from the chain of tide of that portion of the Property being conveyed to a third party. 7.15. Amendments in Writing/Cooperation.This Agreement maybe amended only by written consent of both parties specifically approving the amendment. 7.96. Notices.Any notice called for in this Agreement shall be sent by hand delivery, overnight courier service, or by registered or certified trail as follows: To City: City of Chula Vista 276 Fourth Avenue Chula Vista,CA 91910 Attn: Glen Googins,City Attorney To Owner. SSBT LCRE V,LLC One Lincoln Sc,SFC9 Boston,MA, 02111 Attn.Sophie Yang Meadow Lane,LLC 1392 East Palomar Street,Suite 202 Chula Vista,CA 91913 Artn:Jinn Baldwin 20 2014-10-28 Agenda Packet Page 58 JPB Development,LLC 270 Newport Center Drive,Suite 200 Newport Beach,CA 92660 Arm:Jim Baldwin 21 2014-10-28 Agenda Packet Page 59 Or such other address as a party may inform the others of from time to time. Any such notices sent by registered or certified mail,return receipt requested,shall be deemed to have been duly given and received three (3) business days after the same is so addressed and mailed with postage prepaid. Notices delivered by overnight service shall be deemed to have been given upon delivery, charges prepaid to time U.S. Postal Service or private courier. Any notice or other document sent by any other matter shall be effective only upon actual receipt thereof. 7.17. Authority,to Execute. Owner and the City each warrants and represents that the person or persons executing this Agreement and any of the Irrevocable Offers of Dedication on their behalf have the authority to execute this Agreement and Irrevocable Offers of Dedication. 7.18. Exhibits and Attachments. All Exhibits referenced within the Agreement are incorporated herein and made a part of this Agreement. TM Termina ' n. In the event this Agreement tAm-�snates as provided in Paragraphs 2.7, 2,8, 2.9, 3.2, 3.3, 3.4, and 3.9 herein, the Entitlements shall be withdrawn, the Offers of Dedication shall be null and void, and of two further force and effect(the parties shall promptly take all actions reasonably necessary to promptly remove the document from the chain of tide) and the Processing Agreement also shall terminate, Owner agrees to promptly pay any outstanding processing fees due the City in accordance with the Processing Agreement 7.20. Pro'ect as a Privam 11adertaking. It is specifically understood by City and Owner that n the Project is a private development; (u) City has no interest and/or responsibilities for or duty to the Owner or third parties concerning any improvements to the Property; (i3.m Owners shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Agreement,any other agreements with City and applicable law; and (m) the Project is not a joint venture or partnership between the City and Owner.. 7.21. No Artomgy fees. No attorney's fees shall be recoverable in connection with this Agreement. Owner agrees that City shall have no liability in monetary damages in regards to any matter concerning this Agreement. 7.22. Hold Harmless_and_Indemmufica&n- Owner shall defend, indemnify, protect and hold harmless time City, its elected and appointed officers, employees, and other persons working on behalf of the City from and against all claims, suits,actions or proceedings whether judicial or administrative, writs, orders, injunctions of other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or alleged by third patties to be the result of this Agreement or the City's actions in processing or issuing Owner's Entitlements resulting from or as described in this Agreement, the First Land Offer Agreement or the Superseded Land Offer Agreement {NEXT PAGE IS SIGNATURE PAGE) 22 2014-10-28 Agenda Packet Page 60 • - F SIGNATURE PAGE TO i RESTATED AND AINIENDED LAND OFFER AGREEMENT J IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day: ? and year first set forth above. CITY OF CHULA VISTA, a political subdivision of the State of California APPROVED- Cheryl Cox,Mayor i ATTEST: Donna Norris,City Clerk APPROVED AS TO FO �ity Att ey � � . i i i 23 - 2014-10-28.Agen4a Packet Page 61 STATE OF CALIFORMA ) ) S.S. COUNTY OF SAN DIEGO ) On July 24, 2014, before me, Donna Norris, City Clerk, personally appeared Cheryl Cox. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the v«thin instrument and acknowledged to me that she executed the same in her authorized capacity. and that by her signature on the instrument,the person,or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PER.IURY under the laves of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal ZAAAA.A- Donna Norris, CN4C ' ''-- City Clerk of the City of Chula Vista 2014-10-28 Agenda Packet Page 62 SIGNATURE PAGE TO RESTATED AND AMENDED LAND OFFER AGREE\LENT CONTINUED SSBT LCRE V, l J..C, a Delaware limited liability company By:SSBT LCRE"- HOLDCO,IJ_C, a Delaware limited liabtl.in. company, its sole member By:STATE STREET BANK AND TRUST COmPANY,a Massachusetts trust company,its sole member By: Sophie Yang ! Vice President Print Name-... 1 f e Ya 24 2014-10-28 Agenda Packet Page 63 State of Cu4fartiia(y)QSSadnuS County of Sy On� i Ca y before me, �'?QSi YYIf Notary Public,personally appeared J 4vc `[ who proved to me on the basis of satisfactory evidence to be the pe n(s)whose name(s) islare 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct. NVITNES hand and o ci seal. Public mow._ -ry=•,fit ,,.,,,� �f:�: commonwealth of Ma-, rChusem (Notary Seal) = My Commission Expires 15, 20, State of California County of On before me, Notary Public,personally appeased who 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/shelthey 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 13Iaph is true and correct. WITNESS my hand and official seal. signniurc of Notary Public (Notary Seal) 2014-10-28 Agenda Packet Page 64 LIST OF EXHIBM Exhibit a Exiscing Ownership C Property') Exhibit B Land Use Plan Exhibit C Ur ivcrsiiy Property Exhibit D Legal Description of University Property Exhibit E Recreation Property Exhibit F Legal Description of Recreation Property a-hibit G 40-Acre University Site Exhibit H Irrevocable Offer of Dedication for Recreation Property Exhibit I Irrevocable Offer of Dedication for University Property Exhibit J Agreement to Purchase and Sale and Escrow Instructions Exhibir K Development Agreement Provisions Exhibit L Village 3 Nlorth IndusLrial Conn erston Property , Exhibit Ni University Drainage Basins Eshibir\' t�illagc 10 Ex Property E.•th.ibit O University Lake Property ae14-FINA d" 2014`-10-28 Agenda Packet ••Page 65 ri O LU ij Cr uj 11,i z CL 0 cc CL 0 \ � , cn ui 2014-10-28 Agenda Packet Page 66 ~' � M � z2 a 5asms � s � . 0. u 3 i rs a y w a �d M O = 0 C7 m Cn v C7 w Cr d a. r 2014-10-28 Agenda Packet Page 67 E?C lBrr"B-V LMD USE FLAN VILLAGES 3 NORTH & 4 PARCELS H & I 1 � REA 1 ARE4 2 AREA 1 AREA 2 PARK H @s SCHOOL [ AREA 3 VILLAGE 3 NORTH(F) AREA LAND USEI DI i'RICT GROSS ACIDS DU GROSS OUTACRE 1 INfD 29.3 - - 2 MUlm 192.1 ism &I 3 M 8.6 44 5.1 TOTALS 11597 VILLAGE 4 01 AREA LAND USE DISTRICT GROSS AC. DU DU/ACRE 1 COMM.PARK 21.1 - 2 OPEN SPACE 8.6 - - TOTALS 29.7 - - �1rsr51da.\i.=.a.s\lG�i.':ar,\f»+n—?1��w.f tb-ei ha-st.�ro�-zot;talsc 2014-10-28 Agenda Packet Page 68 EXHIBIT`B-° .AND USE PLAN VILLAGE 8 EAST PARCEL G AREA T 85.3 G AREA 2 83.4 PARK © SCHOOL G AREA 3 49.4 G AREA 5 AREA 4 VILLAGE 5 EAST AREA LAND USEI D15TFdC7r GROSS ACRES DU GROSS DWACRE 1 mu 62 287 46Z 2 NIHAU 158.5 zw 17.5 3 M 49A 325 &8 4 AL'TIVE REC=MMUNITY PARK 53.5 0 - 5 ACTNE 37ECREAMN 22.6 0 TOTALS 3,560 F „0A C—s\D-s-J 1—d Aw + E P-_e,cu-r?+arxas •37 2014-10-28 Agenda Packet Page 69 EXHIBIT °B-4" - _ �j LAND USE PLAN VILLAGE 10 _ PARCELS E, F, & J - •.. irk-;�.: `:,'•. € Z�Y•ti i � € I I � 1 I ' i S ' 1 I = I I 1 I � I I AREA 1 I 1 ® PARK I AREA Q SCHOOL i # i ' I VILLAGE 10 AREA LAND USW DISTRICT GROSS ACMES DU GROSS MACRE t F UNN 3127 - - J UNN 40.0 - _ E1 MU 48.0 1,045 21.8 E2 m 102.7 1 695 6.8 TOTALS 11,7401 s�losrstiew.�ruvsrulto�CrNJ�tsICXFI E—+Ccr�ef ir'ae N-S—tO PPr_cv' c-r-=c�}�-w-10r.:rr�s 2014-10-28 Agenda Packet Page 70 EXHIBIT ==�" UNIVERSITY PROPERTY i (APPROX 130.7�AC') SSBT TO UNIVERSITY (APPROX. 130.7 AC) 4\L:-t51y�1'-'•`�y:r�tG• r.r:trl rr!' L'eucrr:.rrcFr•:.e�1y�r_'+.;oi� '•J: 2014-10-28 Agenda Packet Page 71 . .. ... . . .. - ..... ,- .-.-.. - . i EXHIBIT D LEGAL DESCRIPTION OF UNIVERSITY PROPERTY THAT PORTION OF LOT 13 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA.COUNTY OF SAN DIEGO,STATE OF CALIFORN#A,ACCORDING TO MAP THEREOF NO-662,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 7, I 1900,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13;THENCE ALONG THE I EASTERLY LINE OF SAID LOT 13 SOUTH 18'41'66'EAST,2833.89 FEET:THENCE LEAVING SAID EASTERLY LINE NORTH 50°5875"WEST,57.14 FEET;THENCE NORTH 32°18'24'WEST,50.45 FEET;THENCE NORTH 19°52'25°WEST,79.70 FEET;THENCE NORTH 10'31'35'"EST.99.50 FEET;THENCE NORTH 05°10'36`WEST,74.74 FEET; I THENCE NORTH 07°5558'WEST,52.00 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;'THENCE NORTHWESTERLY ALONG THE , ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118°48'15"A DISTANCE OF 82.9+4 FE ET':THENCE SOUTH 53°14'46°WEST,25.00 FEET;THENCE SOUTH 51°0552' 's WEST,50.43 FEET;THENCE SOUTH 61-39-39-WEST.90.22 FEET:THENCE SOUTH 48°31'20"WEST,27.04 FEET;THENCE SOUTH 36°28'34'WEST,91.97 FEET,THENCE SOUTH 78°43'27"WEST,87.62 FEET;THENCE NORTH 18'47'53'EAST,89.81 FEET; THENCE NORTH 33'36`51-WEST,328.04 FEET;THENCE NORTH 34°08'47"WEST,51210 FEET;TI E14CE NORTH 84'4510"WEST, 168.12 FEET TO THE BEGINNING OF A 510.00 FOOT RADIUS NON—TANGENT CURVE CONCAVE WESTERLY,A RADIAL LINE TO SAID POINT SEARS SOUTH 87'1249'EAST,THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22004'06'A DISTANCE OF 196.43 FEET, THENCE SOUTH 24'51'ir WEST,2025.24 FEET TO THE BEGINNING OF A 480.00 FOOT ` RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 05318"A DISTANCE OF 208.55 FEET;THENCE SOUTH 38'21`27'EAST,13.01 FEET TO THE BEGINNING OF A 493.00 FOOT RADIUS NON-TANGENT CURVE CONCAV.E NORTHWESTERLY,A RADIAL LINE TO SAID POINT SEARS SOUTH 40`12DS"EAST,THENCE SOUTHWESTERLY ALONG THE ARC OF SALE)CURVE THROUGH A CENTRAL ANGLE OF 21°4i'37'A DISTANCE OF ; 186.86 FEET;THENCE SOUTH 71-29-32-WEST,65.93 FEET TO THE WESTERLY LINE OF 7i0 M�II751D4 4 Dmmf;[Sm4AW L Wd B Wy Vi0 Ptt=Unir,d= WO M5-0DG4 S=14 2014-10-28 Agenda Packet Page 72 SAID LOT 13;THENCE ALONG SAID WESTERLY LINE NORTH 18°41'18°WEST, 2371.85 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF CHULA VISTA DESCRIBED IN DEED RECORDED JUNE 28, 2011 AS FILE NO.2011-0326935 OF OFFICIAL RECORDS;THENCE LEAVING SAID WESTERLY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 46'26'40" EAST,495.29 FEET;THENCE NORTH 34°04'54"EAST, 732.68 FEET; THENCE NORTH 42°51'05"EAST, 268.78 FEET;THENCE NORTH 50 013'24"EAST, 315.59 FEET; THENCE NORTH 41°33'34" WEST,72.14 FEET TO THE NORTHERLY LINE OF SAID LOT 13;THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG SAID NORTHERLY LINE NORTH 71'57'57"EAST, 1107.50 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 130.68 ACRES, MORE OR LESS. f LAND Nn � OG � � I L-S.8553 * I DOU LAS B S4OUP P.L.S. 8553 9rF OF OALVf HUNSAKER&ASSOCIATES SAN DIEGO, INC. :RO b4--U WvKUxrA Dmm#gkmV&5 Lc9W—B4%dy V 10 Fuz=Uuir.d= WO 29 S-fX>s3A 6 an4 2014-10-28 Agenda Packet Page 73 EMISIT'E' RECREATION PROPERTY VILLAGE 8 EAST ' G PARCEL G G . G G RECREATION PROPERTY (22.6 ACRES) R trlt0<Ero-::lErn E A—ftl— 5 2014-10-28 Agenda Packet Page 74 EXHIBIT F LEGAL DESCRIPTION OF RECREATION PROPERTY THAT PORTION OF LOT 25 IN OTAY RANCHO, IN THE CITY OF CHULA VISTA,COUNTY = OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.862,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,FEBRUARY 07, 19D0,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENC[NO AT THE SOUTHEAST CORNER OF SAID LOT 25;THENCE ALONG THE F EASTERLY LINE OF SAID LOT 25 NORTH 18°40'33'WEST, 1756.61 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY LINE SOUTH 63'42'23'WEST, 71212 FEET;THENCE SOUTH 74'46'02'WEST,790.79 FEET TO A POINT IN THE EASTERLY SIDELINE OF STATE HIGHWAY 125 DEDICATED PER DOCUMENT RECORDED JUNE 21,2{308 AS DOC. NO.2008-M7364 OF OFFICIAL RECORDS,BEING ALSO THE BEGINNING OF A 5124.33 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS NORTH 76°2303'WEST,THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE OF SAID STATE HIGHWAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'35W A DISTANCE OF 231.15 FEET;THENCE NORTH 16'12'01'EAST,516.13 FEET TO THE BEGINNING OF A 208.85 FOOT RADIUS NON TANGENT CURVE CONCAVE NORTHWESTERLY RLY A RADIAL LINE TO SAID POINT BEARS SOUTH 01'41'11"EAST,THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGI F OF 7600OW A DISTANCE OF 277.05 FEET;THENCE NORTH 0.3'1559"EAST,88.12 FEET;THENCE LEAVING SAID EASTERLY SIDELINE NORTH 62°1534°EAST,1652 FEET;THENCE NORTH 52'30'37' EAST,27.73 FEET;THENCE NORTH 52.23`53`EAST,7826 FEET,THENCE NORTH _ 55°44'311"EAST,4126 FEET;THENCE NORTH 39''111'17'EAST,47.34 FEET:THENCE NORTH 16"43'02'FAST,3824 FEET;THENCE NORTH 80°32'16'EAST,25.85 FEET, THENCE SOUTH 85°05'34'EAST,49.68 FEET;THENCE SOUTH 83°35'58"EAST,3924 Tom;THENCE=SOUTH 86'40)D5'EAST,36.56 FEET;TI iENC.I=NORTH aS'{36'36`EAST. 62.64 FE=ET;THENCE NORTH 8()'28'33`EAST,5222 FEET;THENCE NORTH 72'35'S� EAST,72.31 FEET;THENCE NORTH 76'4929`EAST, 112.97 FEET;THENCE NORTH 78°58'36'EAST,39.22 FEET,THENCE NORTH 78052`01"EAST,105.10 FEET TO A POINT IN SAID EASTERLY LINE"OF SAID LOT 25;THENCE SOUTHERLY ALONG SAID EASTERLY e41z82s�4tLe�DezmlpUwW4 LeO-Sndy V8 AR 11.00= i W o 2B25-0004 5fZflrE 4 IEt 2014-10-28 Agenda Packet Page 75 LINE SOUTH 180413'33° EAST,736.34 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 22.62 ACRES, MORE OR LESS. oLAND L.S.8553 y DOUGLA STR UP P.L.S. 8553 4rF OF CALM etc* HUNSAKER&ASSOCIATES SAN DIEGO, INC- . � f z i i .JAS M.V825W4U-egaJ Uon%AD4 Legal Bndy VB ARI 1.docx WO MS-00N 6014 2014-10-28 Agenda Packet Page 76 ' EXHIB[1 'V' ` \ ��111� 40 ACRE UNIVERSITY SITE >> VILLAGE 10 • I \ AREA 1 s' i.EGW t ° LCCAL PARCa ARE4 2 PARK � I sc;m ® 40 AG UNNVust7Y ONSI TE APPROXIMATELY 2.3 ACRES OF THE 40 AC.UNIYERSTTY 3 SITE ARE INCLUDE?IN THE UMVERSITYPROPER'ry IOD @�G733�t�,ididh r blha b%Cff 0 p x u+,«++4•s5.w,s-�r-�<s.s( rrf-a:++r nsm f ' 2014-10-28 Agenda Packet Page 77 EXHIBIT H IRREVOCABLE OFFER OF DEDICATION FOR RECREATION PROPERTY Recording Requested by and Please Return to: City Clerk Cin,of Chula Vista P.O. Box 1087 Chula Vista, CA 9191? This Instrument Benefits Citv 0n1v. No fee is required_ This Space for Recorder's Use Only APN(s) 646-010-04 C.V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, SSBT LCRE V LLC, a Delaware limited liability company, represents that, as the owner(s)of herein-described real property.. (in the case of multiple owners, collecrhvely referred to as "Grantor'). Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA: A N U'NICIPAL CORPORATION: the hereinafter described real property for the following public purpose: ACTIVE RECREATION PURPOSES The real property referred to above is situated in the Ciry of Chula Visra. Counry of San Diego, State of California and is more particularly described as follows: SEE ATTACHED: EDIT A FOR LEGAL DESCRIIPTI(ON EXHIBIT B FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista_ This Offer of Dedication of fee interest shall be irrevocable and shall be bindinsz on the Grantor; its heirs,executors;administrators; successors and assigns. 2014-10-28 Agenda Packet Page 78 SIGNATURE PAGE Signed this 1:7±1,1 day of 20 14= Grantor Signarures: SSBT LCRE V LLC. a Delaware limited liability ompariy By: Name: Sc to YL\ � Title: U�Ce � ee t ,2v,t By: Maitre: Title: (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property offered herein to the City) of Chula Vista, a governmental agency, is hereby acknowledged by the undersi;ned. Cite Clerk on behalf of the Chula Vista Chy Council pursuant to authority conferred by Resolution Mo. 15613 of the Chula Vista City Council adopted on June 5. 1990. and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: DONNA NORRIS, CHIC, City Clerk Date: 2014-10-28 Agenda Packet Page 79 State of Cki�(Y)CZ55aehOSe-4S Counry of 5o�1Y-- On _t�� 1 t7� before me.,Pon-e�� -TinmCLn Notary Public,personally appeared—Q. SC``ohle— q0-n F _ Nvho proved to me on the basis of satisfactory evidence to be the per (s)whose name(s) is/are subscribed to the within instrument and acknowledeed to me that he/she/they executed the same in his/her/their authorized capaciry(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. I certifi• under PENALTY OF PERJURY under the laws of the State of California that the foreeoina paragraph is true and correct. ~ «TTi,+�S hand and o ci seal. SA ��tgE�.P'�1�4AN - � Notary Public �� Cammonweclth of MOSsathusetts (Notary Seal) Ally Commission Expires iii State of California County of On before me- Notary Publict personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) isfare subscribed to the within instrument and acknowledged to the that he/she/they° executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which-the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sienamre of votary Public (tiotary Seal) 2014-10-28 Agenda Packet Page 80 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 25 IN OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 07, 1800, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 25; THENCE ALONG THE EASTERLY LINE OF SAID LOT 25 NORTH 18'40'35"WEST, 1756.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 63°42'23"WEST 712.12 FEET; THENCE SOUTH 74°46'02"WEST, 790.86 FEET TO A POINT IN THE EASTERLY SIDELINE OF STATE HIGHWAY 125 DEDICATED PER DOCUMENT RECORDED JUNE 21, 2008 AS DOC, NO. 2008-0437364 OF OFFICIAL RECORDS, BEING ALSO THE BEGINNING OF A 5124.33 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 76°23'06"WEST, THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE OF SAID STATE HIGHWAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°3907"A DISTANCE OF 231.21 FEET; THENCE NORTH 16°12'01" EAST, 516.13 FEET TO THE BEGINNING OF A 208.85 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 01°41'11"EAST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76°00'20"A DISTANCE OF 277.05 FEET; THENCE NORTH 03°15'45" EAST, 88.04 FEET; THENCE LEAVING SAID EASTERLY SIDELINE NORTH 62 015'34" EAST, 16.60 FEET; THENCE NORTH 52'30'37" EAST, 27.73 FEET; THENCE NORTH 52°23'53" EAST, 78.26 FEET; THENCE NORTH 56 044'36" EAST, 41.26 FEET;THENCE NORTH 39°19'17' EAST, 47.34 FEET; THENCE NORTH 16°43'02" EAST, 38.24 FEET; THENCE NORTH 60°32'16" EAST, 25.85 FEET; THENCE SOUTH 85°05'34" EAST, 49.68 FEET; THENCE SOUTH 83 035'58" EAST, 39.24 FEET; THENCE SOUTH 86°40'05" EAST, 36.56 FEET; THENCE NORTH 86'06'36" EAST, 62.64 FEET; THENCE NORTH 80°29'33" EAST, 52.22 FEET;THENCE NORTH 72 035'55" EAST, 72.31 FEET; THENCE NORTH 76°49'29" EAST, 112.97 FEET; THENCE NORTH 78°58'36" EAST, 39.22 FEET; THENCE NORTH 78°57'01" EAST, 105.10 FEET TO A POINT IN SAID EASTERLY LINE OF SAID LOT 25; THENCE SOUTHERLY ALONG SAID EASTERLY ;RO K\2825104\Legal 0escripdcn\A04 Lega[_Bndy V8 AR11.dorx WO 28250004 7115114 2014-10-28 Agenda Packet Page 81 LINE SOUTH 18 040`35" EAST, 73£.34 FEET TO THE TRUE POINT OF BEGINNING, THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 22.62 ACRES, MORE OR LESS. OJ 0 dp p 'v ZZ9 1 + L.S.8553 Z12 DOUGLAS B. STROUP P.L.S. 8553 OF CAL-% HUNSAKER &ASSOCIATES SAN DIEGO, INC. :aD W2825i041Legal Description`A04 Legal_8ndy V8 AR1 l.docx WO 2825-0004 7/1J14 2014-10-28 Agenda Packet Page 82 EXHIBIT $'B)? SHEET I OF 2 SHEETS .LEGEND: P.0.C. INDICATES POINT OF COMMENCEMENT EAST H ST. o c, pJ m T.P.0.S. INDICATES TRUE POINT OF BEGINNING LpOM �� (R) INDICATES RADIAL BEARING BiROIi 805 p4 �tc 129 SITE MALI ST. OTAY RNER Q� OTAY MESA RD. ViCiNITY MAP NOT TO SCALE EASEMENT .LEGEND: QINDICATES BOUNDARY OF STATE HIGHWAY 325 PER DOCUMENT RECORDED A JUNE 21, 2008 AS DOC. NO. 2008.0437364. QINDICATES AN EXIS77NG EASEMENT FOR PUBLIC SEWER PURPOSES PER 8 DOCUMENT RECORDED APRIL 15, 2003 AS DOC. NO. 2003-0433783. C7 '9 L-5. 8553 l zd A4 EXP.GLAS 3f�3TROU L.S. 8553 9�F CAL I�o�? HUNSAM &i ASSOCIATES I A• D I t a a 1.C pLwv+C vo Mppb sm= 8r7d8sC ?m MV4 G q= si rtrsc "Imumsmm)-t3mgmwitw R\0920\&W4p\EP-OTAY Y8 AR71 SHT 01.drrDMgy,-15-2014:0&.30 W.O. 2825--X04 2014-10-28 Agenda Packet Page 83 EXHIBIT j} SHEET 2 OF 2 SHEDS I 0- N 16'43'02-E 38.24' c 0 N39'f9'17*E 47.34' N N52'30'3TE 27.73' ° , 1 1 NO3'15'45"E 88.04' n d=76'0920' R=208.85' L=277.05• ACTIVE RECREATION AREA �,✓:: 22.62 ACRES ;r N01�41'f 1"W(R) _I J, ' o 1 /�. T B 5124,l3 ' X1231 2 7 90.86! 14'' n2 P.Q.C. SE COR. 1`s' rrj VgRj�' •-.�N�=�Z3 ps.�,(RJ LOT 25 1 25 1 f / �r DT AY RANCHO � MAP ND 862 I RANCHa BOUNDARY HUNSAM 0 300 500 900 &ASSOCIATES 1 A,1 011 C 1,1 C SCALE 1" =300' t4WfJ,G ww See �QQy� 5m MqR G!fl"11 AJLVEY3L h '� &-\o92o\&Ycp,Erh,bitS\EP QTAY v8 ARII SXI 02-dwgDJ,f-15-2014.,U09 W.O. =5—O W4 2014-10-28 Agenda Packet Page 84 EXHIBIT I IRREVOCABLE OFFER OF DEDICATION FOR UNIVERSITY PROPERTY Recording Requested by and Please Return to: City Clerk Cite of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This.Instrument Benefits City Only. AVo fee is required. This 5 ace for Recorder's Use Only APl`(s) 644-080-17 C-V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, SSBT LCRE V LLC,a Delaware limited Iiabiiitr company, represents that, as the owner(s)of herein-described real property. (in the case of multiple owners. collectively referred to as "Grantor'), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA; A-NrL t'ICIPAL CORPORATION,the hereinafter described real property for the follo o ina public purpose: FUTURE UNIVERSITY PURPOSES The real property referred to above is situated in the Ciry of Chula Vista. Counn,of San Diego. State of California and is more particularly described asfollows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EMMI[T B FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor. its heirs,executors, administrators,successors and assio-n-S. 2014-10-28 Agenda Packet Page 85 . SIGNATURE PAGE Signed this f day of . ?0 14 Grantor Signatures: SSBT LCRE V LLC, a Delaware limited liability company By: �+ y r Title: cx• •2 YAn vise 'lyetAent By: Name: Title: (Notarz Acl;nowledgrnent Required for Each Sinnatorti•) This is to certify that the interest in real property offered herein to the Croy of Chula Vista, a governmental agency. is hereby acknowledged by the undersigned, Cin, Clerk on behalf of the Chula Vista Cin, Council pursuant to authority conferred by Resolution A'o. 1 645 of the Chula Vista Cin! Council adopted on June 5, 1990, and the grantee(s) consents) to the recordation thereof by its duly authorized officer. By. DONMNA MORRIS. C,NIC. Croy Clerk Date: 2014-10-28 Agenda Packet Page 86 State of-Es4�oQ4ia-ffV-5SnUL 0SE`fT5 County of S040\i� On Q0l� rrte�_ before me, �� _ f�otr1P.roosn-P1 l'_yY1C.,11 otar` Public.personally appeared who proved to me on the basis of satisfactory eytdence 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 capacin•(ies), and that by his/her/their sigrlature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. 1 certify under PEirALTY OF PERJURY under the laws of the State of California that the foregoins paragraph is true and correct. Y WITNrES hand and off - l a simature orNotar•Public ANNENIARIE E. INMAN (Notary Seal} Notary Public Commonwealth of Mossachusetts `I[ My Commission Expires ecern r State ofCalifomia, County of On , before me, Notary Public. personally appeared who 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/thee executed the same in hiAer/their authorized capacity(ies), and that by his/her/their sigttature(s) on the instrument the person(s), or the entity upon behalf of which-the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. «TRESS my hand and official seal. Simaaure of Notary Public (Moran•Seal) :RO M:1 2 8 2 510411_cA t?�mscriptiorivAO_5 Lcex1_Bndy V 10 Fumrr Urtiv doux wt)2$'_=-0001 7/1.1114 2014-10-28 Agenda Packet Page 87 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 13 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 7, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13 SOUTH 18°41'55" EAST, 2833.88 FEET;THENCE LEAVING SAID EASTERLY LINE NORTH 50 058'25"WEST, 57.10 FEET; THENCE NORTH 32°18'24"WEST, 60.45 FEET; THENCE NORTH 19 052'25"WEST, 79.70 FEET; THENCE NORTH 10 031'35"WEST, 99.50 FEET; THENCE NORTH 05°10'36"WEST, 74.74 FEET; THENCE NORTH 07 056'58"WEST, 52.00 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118 048'16"A DISTANCE OF 82.94 FEET; THENCE SOUTH 53°14'46"WEST, 26.00 FEET; THENCE SOUTH 51°05'52" WEST, 50.43 FEET; THENCE SOUTH 61°39'39"WEST, 90.22 FEET; THENCE SOUTH 48°31'20"WEST, 27.04 FEET;THENCE SOUTH 36 026'34"WEST, 91.97 FEET; THENCE SOUTH 78 003'27"WEST, 87.62 FEET; THENCE NORTH 18 047'53" EAST, 89.81 FEET; THENCE NORTH 33°36'51"WEST, 328.04 FEET; THENCE NORTH 34°08'47"WEST, 512.10 FEET;THENCE NORTH 84°46'10"WEST, 168.12 FEET TO THE BEGINNING OF A 510.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87 012'49"EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 004'06"A DISTANCE OF 196.43 FEET; THENCE SOUTH 24 051'17"WEST, 2025.24 FEET TO THE BEGINNING OF A 480.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 053'38"A DISTANCE OF 208.55 FEET; THENCE SOUTH 38°21'27" EAST, 13.01 FEET TO THE BEGINNING OF A 493.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 40°12'05"EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 041'37"A DISTANCE OF 186.66 FEET; THENCE SOUTH 71°29'32"WEST, 65.94 FEET TO THE WESTERLY LINE OF .RQ NI:1?33:0041Lmza DescripiionW5 Liz-l_8ndv V IO Famre Univ.doc.c WD 2S2:-0004 7/1-5114 2014-10-28 Agenda Packet Page 88 SAID LOT 13; THENCE ALONG SAID WESTERLY LINE NORTH 18°41'14"WEST, 2371,85 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF CHULA VISTA DESCRIBED IN DEED RECORDED JUNE 28, 2011 AS FILE NO, 2011-0326935 OF OFFICIAL RECORDS;THENCE LEAVING SAID WESTERLY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 46 025'40" EAST, 495.29 FEET;THENCE NORTH 34°04'54" EAST, 732.68 FEET; THENCE NORTH 42°51'05" EAST, 265.78 FEET; THENCE NORTH 50°13'24" EAST, 315.59 FEET; THENCE NORTH 41 033'34" WEST, 72.14 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG SAID NORTHERLY LINE NORTH 71°57`55" EAST, 1107.50 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 130.68 ACRES, MORE OR LESS. - 4 0 A q ro L.S. 8553 Z4 / z�—"4f DO GLAS B. STROUP P.L.S. 8553 F OF �t ��a~� HUNSAKER &ASSOCIATES SAN DIEGO, INC. :RQ>E U?833}04\Leda]Daeription1A05 Lt-=at_Bndv Vf0 Future Gniv.doo< W02825-0004711:/14 2014-10-28 Agenda Packet Page 89 EXHIBIT "B" SHEET I QE 2 SHEETS LEGEND. f OA INDICATES POINT OF COMMENCEMENT (R) INDICATES RADIAL BEARING EAST H ST. pa EkS LAKE m P!C1W. rftcG�,N � 805 e� �� SICK Q� SITE I OTAY RNA 0 m 125 9Q c. OTAY MESA RD. /ICIN17Y MAP NOT TO SCALE 0 Q � L.S.8553 1 -7 /G DO GLAS 3. STRO LS. 8553 qTF OF CAL-O'�� HUNSAKER &.ASSOCIATES {AM blecn I+IC RAWNC VWWf 33C= UQmC sm mmD,CA um 1��092T� P�Fxtubils�EP_OTAY VT0 UMV 5HT 01.drgoUcry-13--2014:12:48 W.O. 2825--0004 2014-10-28 Agenda Packet Page 90 EXHIBIT "B» SHEET 2 OF 2 SHEETS M. r w 1 iQ7,50 iv u; 71'55 NE COR. `"" j 12 N LOT 13 w f r r � FMRE a DETAIL "A" �� ys ROM 1' = 50' 06 1p CD Cp N87-12'49'W(R) ! 6=22`04'06' R=510.00 o,MCP.,ca as L=196.43' rs; IC, FUTURE UNWER.SITY go�'o 0 r�y•��.sT�o. 130.68 ,ACRES N33'365 1'W � / 328-04' f N18.4753'E 89.81' f r h 4 � h DTA Y RA INC H D MA F IND. 332 _ ,`� NUMBER BEARING DISTANCE LA L 1 N075558'W 52.00' 6=24'S3'38' L2 NOS'10'36W 74.74' R=480.00' L3 N10'31'35W 99.50' L=208.55' L4 N 19'52'25W 79.70' HUNSAKM &ASSOCLAM 41 4� ,, 1$3 � 0 500 1000 1500 eot so,mxm c„um I:nl RXVMC tea•r=W56-um W. SCALE 1" =500' I �os2r��uoplFshrbFts�£F?Drat V1D UxN Slit' 02.dwgDJul-15-2014:13:23 W.D. 2825-OW4 2014-10-28 Agenda Packet Page 91 � I - r ' f EXHMTTJ AGREEMENT OF PURCHASE AND SALE ; AND ESCROW INSTRUCTIONS ' TO; TPIS ARREEISNT OF PURCHASE AND SALE MID ESCROW INSTRUCTIONS is made and entered into this day-o£ , _, by and between (hereinafter "SZLL£R"), and (hereinafter 'Buyer') . ' RE CIMS SELLER is the owner of certain real ,property located in the County of San Diego, State of California, containing approximately 45 acres, as legally described on Exhibit "1" attached hereto ("Property") . AGRM t NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties agree as follows: 1. PURCHASE OF PROPERTY i SELLER ag-ees to sell the Property to Buyer and Buyer agrees to purchase the Property, upon the terms and conditions herein contained. 2. PURCHASE PRICE : The purchase price for the Property to be paid By Buyer SHALL I BE Dollars 3, TERMS OF PAYME:'T OF PURCHASE PRICE The purchase price shall be paid as follcws: � 4. CQNDITIONS PRECED&NT TO CLOSII3G • t 2014-10-28 Agenda Packet Page 92 f f i EXHIBIT 7 S. ESCROW This Agreement constitutes joint escrow instructions to 1 ("Escrowr Holder") instructing it to consummate this sale upon the terms and conditions set forth herein. Escrow Holder shall be concerned with the provisions of this paragraph and ' the paragraphs and subparagraphs below. (a) 2pening scrow shall open within three (3) days after execution of this Agreement by the parties. (b) Deposit. Upon opening escrow, Buyer shall deposit: E ' I .E (c) Effective Date. The effective date for all time E requirements under this Agreement shall be the opening of escrow. i (d) Closing gate. This escrow shah close on or before { i (e) Prorations. All ordinary real property taxes levied or � assessed against the Property shaft be prorated between Buyer and SELLER on the basis- of the latest bills and thirty (30) day month (360 day year) as of the close of escrow. (f) Payment of Costs. The expenses of escrow described herein shall be-paid in the following manner: 1. Seller shall pay the full cost of preparing, executing and acknowledging auy deeds or other inst.r=ergts required to convey title to the Property to Buyer, any tax that may be irposed on the i conveyance of title to the Property to Buyer under ' the Doctunentary Transfer Tax Act of California, and E one-half of the escrow fees. 2. Buyer shall pay the cost of recording the Grant Deed or other instrument executed by SELLER conveying title to the Property to Buyer E and one-half of the escrows fees.' (g) Possession. Possession of the Property shall be e ivered to Buyer on close of escrow. 2 ! i i 2014-10-28 Agenda Packet Page 93 t EXHIBTI' I I 6. NOTICES i All notes under this Agreement shall be effective upon he personal deliver to SELLER, Buyez, or Escrow Holder, as t case may be, or forth-eight (48) hours after deposit in the Qrited States mail, registered or certified mail, posrage fully prepaid, and addressed to the respective pasties as follows: To SELLER: • F i To B13YER: ' 1 4 t 3 t To Escrow Holder: � or to such ocher address as the parties may fram time to time designate in writing. 7. ACCESS Buyer shalt be entitled to reasonable access to the Property at any time prior to the close of escrows for the purpose of making such engineering, surveying, soils, geology and environmental studies as Buyer may reasonably dew necessary, all of which will be completed at no expense to SELLR. Buyer agrees to iidemni.fy and hold S IJ ER and the Property free and harmless from any and all liens, costs} liabilities or expenses incurred in connection with such eng.Ln.eering, surveying, soils, geology and environmental studies. 1 E. ATTORNEYS I FEISS I i .In any action between Buyer and SELL seeking enforcement or t interpretation of any of the teems or provisions of this agreett%-_nt, or in connection with any of the Property described herejn, the prevailing party in such action shall be awarded; in addition to damages, in. unctive or aster relief, its reasonable cost and expenses, not liz+7ted co taxable costs, and reasonable attorneys' fees. ' I 2014-10-28 Agenda Packet Page 94 I I i - I EDIT J ASSIGNMENT 1 Buyer shad.l have the right to assign this agreement and the rights and responsibilities under it with the consent of SELLER, which consent shall not be unreasonably withheld. 10. TIME OF ESSENCE Time is of the essence in this Agreement. 11, PERFORnNCE OF ACTS I The parties hereto agree to perfo= such acts and execute such {{ I documents as may be required to carry out the terms and I purposes of this Agreement. 12. PROPER17 "AS I5" Buyer is relying solely upon its awn inspections, E investigations and analyses of the Property in entering into this- Agreement and is not relying in any way upon any repzesentations, statements, agreements, warrantiee, i studies, reports l descriptions, guidelines or other information or material furnished by Seller or its information representatives, whether oral or wiitten, express or implies � of any nature whatsoever regarding any such matters. Buyer acknowledges that it has become familiar with the Property and made such independent izvestigatzona and analysis as Buyer deems necessary or appropriate condemning Buyer's proposed use, sale and development of the Property. E ' E s 13. MISCELLANEOUS Thi Agreement shall be construed Ln accordance with the laws of the State of California. This Agreement may be executed in co nte-roarts. This Agreement shall be binding upon- and shall ; ir_uze to the benefit of all the parties hereto, their � beneficiaries, successors and assigns. Headings at the beginning- of -each numbered section of the Agreement are solely for the convenience of the- parties and are not a part of this Agreement. This Agreement contains all i of the agreements of the parties hereto with respect to the matters contained hereai. in and no prior agreement or 1 understanding pertaining to any such matter shall be. effective for any purpose. Na provision of this Pgxeement zany he amended or added to except by• an agreement in writing signed by the pa_*-ties hereto or their respective successors in interest. (NEX'! PACE IS SIGNATURE PAGE) 4- I i I 3 I t 2014-10-28 Agenda Packet Page 95 ' F 3 �11 j J SIGNATURE PAGE TO AGREEMENT DP PURCHASE AND SALE � AND ESCROW INSTRUCTIONS IN WITNESS wFEREO , Buyer and S—rLI FR have executed this Agree:ant: the day and year first above written. i "BUYKR° 4 1 i BY "Sr ER`T F By Receipt of executed copy of this Agreement is hereby acknowledged this day of i 3 F • i i By i 2014-10-28 Agenda Packet Page 96 EXHIBIT K DEVELOPMENT AGREEMENT PROVISIONS I. Term.The following language shall be added after the phrase"twenty 20 years" and before the phrase"(the term)" in the fourth sentence of Section 3 of the existing Development Agreement: .from 20__, the date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement"by and between the City and OV Three Two, LLC; JJJ & K Investments Two, LLC; and RR Quarry, LLC, approved by the City Council on—, 2008." 2. Tentative Map Permit Duration Section 6.2 of the existing Development Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: -6.2 Tentative Map/Permit Duration. Pursuant to California Govemment Code section 66452.6, any tentative subdivision map, parcel map or other map authorized by the State Subdixision Map Act that is approved for the Project shall retrain valid for a period of time equal to a term of this Agreement. In addition. notwithstanding any condition or provision to the contrary,every permit and approval for the Project other than ministerial approvals shall remain valid for a period of rime equal to the term of this Agreement.'. 3. Growth. The second full paragraph of Section 5-2 appearing at page 8 of the existing development Agreement entitled "Development of Property." which begins 'Notwithstanding the foregoing,shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary. the City's Growth Management program. as set forth in the Growth Management Element of the City's General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof" 4. Modifications to Existing Project Approvals.The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement. "The parties agree that they accept the modifications to the Existing Project Approvals approved by the City Council on .20 ." 5. Reimbursement. At the end of the First sentence of Section 7.5 of the existing Development Agreement, entitled "Facilities 1kUch are the Obligations of Another Party, or are of Excessive Size. Capacity, length or Number," a new sentence shall be inserted as follows: "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances.'. 2014-10-28 Agenda Packet Page 97 MIBIT"L° VILLAGE 3 NORTH INDUSTRIAL CONVERSION PROPERTY NUISANCE EASEMENT AREA �l i 1 Af', 1 ._ o 0 AREA 3 H PARK AREA 4 SCHOOL f� l MIXED USEIOEEICE (APPROX. 18.7 AC) RESiDENTIAL (APPROX. 31.8 AC) 2014-10-28 Agenda Packet Page 98 • EXHIBIT M" s ' UNIVERSITY DRAINAGE BASINS K,'---�':�'- • VILLAGE_ 10 UNIVERSITY DRAINAGE AREA LEGEND UNNERsrrY DRAINAGE AREA i BASIN AREA t I f I - t I t BASINS ,)1S EXW/P!T S AN APPROXIMAT)CK ACTUAL O"N1GE MU RE -1 50 CW +VaW FLOWS MOU THE LWAIF- , SITE THAT NATURALLY FLOWED r`r1ROLCH WLAGE W W ME' FRE-OMOP-O• CONGlMW �:\?::5\k�'rs\=wr��7a 1l Oa?'v's:.t1�-v•.'n.e+a.:�:.rc.ncSe Aoant�xW-G�-:Ll�'::.2-9 2014-10-28 Agenda Packet Page 99 EXHIBIT "N" :' AEXCHANGE PROPERTY " `; %... VILLAGE 10 at ��—�,"� ;-- ,.��:��;;.r„�i%'-�,,,; IQ;'�`:..� '%''. ''•ter 1 t� E 1 p� 1 EXCHANGE PROPERTY € i i € EXCHANGE PROPERTY (8.7 ACRES) 2014-10-28 Agenda Packet Page 100 EXHIBIT "OR UNIVERSITY LAKE PROPERTY .y. a S 1 w � 50 AC LAKE PROPERTY 3:.w9'Z &- NE�uZ Ll.=A F=as c.e-DMrr1'J'c -Af r- -`.^N •«co 2014-10-28 Agenda Packet Page 101 ATTACHMENT 3 r D O C K 201 4-031 5052 I Illillll Ill VIII lull llll Illll lull Illll Illll�llll lull lull llll 1111 Recording requested a..: JUL 2 , 2014 8:49 AM City of Chula Vista OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE After recording return Ernest J. Dtanenbwo,Ji..COUNTY RECORDER t�: FEES: 000 PAGES. 9 gg pp I II gg I I� Cin,of s Office I 11� 11111 9« �1� l � ��l16�1111111ININ I�111 Cin•of Chula Vista 276 Fourth Avenue Chula Vista_CA 91910 Attn: Liz Bri's This s ace 1'or Recorder-s tese onl t, IRREVOCABLE OFFER OF DEDICATION OF FEE INTERST Document Title 2014-10-28 Agenda Packet Page 102 IRREVOCABLE OFFER OF DEDICATION FOR UNIVERSITY PROPERTY Recording Requested by and Please Return to: Ciry Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits Cin)Onl t� A'o fee is required. This S ace for Recorder's Use Onl APN(s) 644-084-17 C.V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEUS'T FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SSBT LCRE V LLC,a Delaware limited liability company, represents that_as the owner(s)of herein-described real property, (in the case of multiple owners, collectively referred to as "Grantor'). Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: FUTURE UNIVERSITV PURPOSES The real property referred to above is situated in the Ch),of Chula Vista. Count),ojSan Diego, State of California and is more particularly described as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor. its heirs,executors, administrators, successors and assigns. 2014-10-28 Agenda Packet Page 103 SIGNATURE PAGE Signed this 7t day of -,T.C, Grantor Signatures: SSBT LCRE V LLC, a Delaware limited liabi i oTpany By: ! Name: Q. o ;e Yt1n9 Title: vice weo.idevk t By: Name: Title: (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property offered herein to the City of Chula Vista, a governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the Chula Vista City Council pt,rsuant to authority conferred by Resolution All. 15645 of the Chula Vista City Cou�tcil adopted,on June 5, 1990, and the grantees) consent(s) to the recordation thereof by its duly authorized officer. i Y: DD A NORRIS, CM ,City Clerk Date: `7 2014-10-28 Agenda Packet Page 104 Stale ofe-;rh�r( ,S SG>` hus24 s County of 50 41 k- On r _ l�, I _ _. _—.before me, ) an Notary Public. personally appeared 'f i1 who 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 acknowledeed to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signatures) on the instrument the person(s). or the entity upon behalf of which the person(s)acted.executed the instrument. I certif-v under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE y hand and tTi nal seal. Signature of\otary Public ANNEMARIE £. INMAN = lr Notary Public (Notary Seal) Cormr+onweahk of massachuserts <� any Commission Expires ; uecemlRr 15, State of California County of On before me. Notary Public. personally appeared who 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 acknowledeed to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signarure(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted.executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W"ESS my hand and official seal. Signature of Notary Public (Notary Seal) :RO M:-1825W-ALecat Description410i Legal_Bndy V i0 Future Univ dock WO 3835.000 7/14114 2014-10-28 Agenda Packet Page 105 ACKNOWLEDGEMENT State of California County of San Dieeo On the 24th day of July, 2414_ before me. Sheree Kansas, Deputy Cin, Clerk, personally appeared Donna R. Norris, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity.and that by her signature on the instrument,the person,or the entity upon behalf of which the person acted, executed the instrument. I certifti,under PENALTY OF PERJURY under the laves of the State of Cali fomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sheree Kansas, Deputy City Clerk Ciry of Chula Vista (SEAL) 2014-10-28 Agenda Packet Page 106 EXHIBIT `=A" LEGAL DESCRIPTION THAT PORTION OF LOT 13 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 7, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13 SOUTH 18 041'55" EAST, 2833.88 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 50°58'25"WEST, 57.10 FEET; THENCE NORTH 32°18'24"WEST, 60.45 FEET; THENCE NORTH 19°52'25"WEST, 79.70 FEET; THENCE NORTH 10 031'35"WEST, 99.50 FEET; THENCE NORTH 05°10136"WEST, 74.74 FEET; THENCE NORTH 07 456'58"WEST, 52.00 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118°48'16"A DISTANCE OF 82.94 FEET; THENCE SOUTH 53°14'46"WEST, 26.00 FEET; THENCE SOUTH 51°05'52" WEST, 50.43 FEET; THENCE SOUTH 61°39'39"WEST, 90.22 FEET; THENCE SOUTH 48 031'20"WEST, 27.04 FEET; THENCE SOUTH 36 026'34"WEST, 91.97 FEET; THENCE SOUTH 78 003'27"WEST, 87.62 FEET;THENCE NORTH 18°47'53" EAST, 89.81 FEET; THENCE NORTH 33°36'51"WEST, 328.04 FEET; THENCE NORTH 34°08'47"WEST, 512.10 FEET; THENCE NORTH 84°46'10"WEST, 168.12 FEET TO THE BEGINNING OF A 510.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87°12'49" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°04'06"A DISTANCE OF 196.43 FEET; THENCE SOUTH 24 051'17"WEST, 2025.24 FEET TO THE BEGINNING OF A 480.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 053'38"A DISTANCE OF 208.55 FEET;THENCE SOUTH 38°21'27" EAST, 13.01 FEET TO THE BEGINNING OF A 493.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 40°12'05" EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21041'37"A DISTANCE OF 186.66 FEET; THENCE SOUTH 71°29'32"WEST, 65.94 FEET TO THE WESTERLY LINE OF ;1ZQ:1,128231041Lrea1 Dc-scrnption"03 Len al_9ndy V 10 Future Univ.doc\ "'Q 282$.0004 7115114 2014-10-28 Agenda Packet Page 107 SAID LOT 13;THENCE ALONG SAID WESTERLY LINE NORTH 18°41'14"WEST, 2371.85 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF CHULA VISTA DESCRIBED IN DEED RECORDED JUNE 28, 2011 AS FILE NO. 2011-0326935 OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL. NORTH 46025'40" EAST, 495.29 FEET;THENCE NORTH 34°04'54" EAST, 732.68 FEET; THENCE. NORTH 42°51'05"EAST, 265.78 FEET;THENCE NORTH 50°13'24"EAST, 315.59 FEET; THENCE NORTH 41°33'34" WEST, 72.14 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG SAID NORTHERLY LINE NORTH 71°57'55"EAST, 1107.50 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 130.68 ACRES, MORE OR LESS. t.AND A4 � b * L.S.8553 � 71 2d/ s� tip` DOUGLAS STROUP P.L.S. 8553 �TF Or Cp"Ll'i � HUNSAKER & ASSOCIATES SAN DIEGO, INC. :RO'�1.13825104\Lc,al Description\A05 Lcunj_Dndy Vi0 Future Unix'dmc WO 282S-0004 7/15114 2014-10-28 Agenda Packet Page 108 SHEET I OF EXHIBIT �9 E» SHSHEETS LEGE�. P.0.6, INDICATES POINT OF COMMENCEMENT (R) INDICATES RADA 8WINO FAST H St. p FASilA10E PKW. lRCH 805 Q �. p SITE x OTAY R Q v; 125 OG 07AY MESA RD. VICINITYMAP NOT TO SCALE LAND SGT D b 1.5.8553 2,ol¢ ILP D ,uow .31 TROUP L 855,3 pT� O fi Atil4 IX / 1/ G HUNSAKER &ASSOCIATES SAN OIICCL INC FSJNa1G I=W*bQ= C smmv,4am 9pYtTINC PEA f�iSYtISI ' W \Exha,-ft\EP 0TAY vio WV SHT 0l.d gany-19-201*.lz4S W.O. 2B2--OW4 2014-10-28 Agenda Packet Page 109 EXHIBIT "B „ SHEET 2 OF 2 SHEETS J'o' R0.B. cp u; 1'S NE COR. 12 1 LOT 13 -1 FUTURE a �- P11BUC DETAIL "A° lobl ROAD ys 1' = 50' �� 0.y, Ir ILA f a ns. t�js ro r �tJ1 t� � •`sue � �� A is ��` Sys• \ � � �� h 'C� N$T 12'49'W(f 1 a A-22'04'05 R=510.00 ¢m L=196,43' cam �I ZVI FUTURE UNIVERSITY 130.68 ACRES N33.36'51'W °. 328.04' N18'4753"E 89.81' ~ ry 4-) h' c, 414 lb h OTAY RANCHO 11-11 4 MAP NO, 302 � � Nt/UM BEARING DISTANCE L 1 N07 56 58'W 52.00' t1=24.53'38' L2 N05'10136'W 74.74' R=480,00' L3 N10'31'35W 99.50' L=208.r55' L4 N 15'52'25W 79.70' HUNSAKEx &ASSOCIATES IiAm o a INC 1 v�,F`r�sp ,3�, 0 500 1000 1500 nN+ac m wg:&3R z rS- e� sm mvav g= `5s wr+rcr.c nom=-m,Mr=a— Q SCALE 1" =50a k\0921\&Mos\6tl fs�EP OTAY V10 UNN SHT Milvq rul-l5-•2014:1323 Wo. 2825-0044 2014-10-28 Agenda Packet Page 110 ATTACHMENT 4 D O C # 201 4-031 5051 1111 11 111111111111111111111111111111 I1i111111 il1I1111i111111I1 Recording requested bV: JUL 25, 2014 8:48 AM Cit►,of Chula Vista OFFICIAL RECORDS SAM DIEGO COUNTY RECORDER'S OFFICE After recording return Emesl J.Dionenhucg,h..COUNTY RECORDER to; FEES: 0,00 PAGES: 9 r Cit.,Clerk's Office I�� II ��llUllIf� llll�� I� �� (l�Ull� � �114llItl�lll� Cin,of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Attn: Liz Brip-es This s ace for Recorder's use onh., IRREVOCABLE OFFER OF DEDICATION OF FEE INTERST Document Tide 2014-10-28 Agenda Packet Page 111 IRREVOCABLE OFFER OF DEDICATION FOR RECREATION PROPERTY Recording Requested by and Please Return to: Cite Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No fee is required This Space for Recorder's Use Ontr APN(s) 646-010-04 C.V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SSBT LORE V LLC,a Delaware limited liability company, represents that,as the o«ner(s)of herein-described real property,(in the case of multiple ottwers, collectively referred to as "Grantor'), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA. A MUNICIPAL CORPORATION,the hereinafter described real property for the fallowing public purpose: ACTIVE RECREATION PURPOSES The real property referred to above is situated in the City of Chula Vista. County of San Diego, State of California and is more particularly described as follo«vs: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT This Offer of Dedication is trade pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs,executors, administrators, successors and assigns. 2014-10-28 Agenda Packet Page 112 SIGNATURE PAGE Signed this 17+6 _day of , 20—L4_ Grantor Signatures: SSBT LCRE V LLC. a Delaware limited liabili _ mpany Bv: Name: Title: VJ ce By: Name: Title: (No(ary Acknowledgment Required for Each Signatory) This is to certify that the interest in real properw offered herein to the City of Chula Vista, a governmental agency, is hereby acknoirledged by the undersigned, Cirt, Clerk on behalf of the Chula Visto City, Council pursuant io authority conferred by Resolution Alo. 15645 of the Chula Vista City Council adopted on Jane 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duty authorized officer, Bv: tAW-o%- -1 h1n-XAA--<p DONNA NOR IS. , City Clerk 2014-10-28 Agenda Packet Page 113 State of lL2Nhfb;%,k1� ('`(�'SSCLCY7u5� � County of C;0K "�U\k- On,� 1�ll�l 1� t v�� before me, I`�l Notary Public,personally appeared 0, S© H-, who proved to me on the basis of satisfactory evidence to be the pers (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 sienature(s) on the instrument the person(s)• or the entity upon behalf of which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y hand and o icial eal. SignaANttre ts T %? 1• INMAN _ Notary Public (Notary Seal) � commonwealth of Mossachuse"s ' t1t My Commission Expires 1q, 7Q17 State of California County of On before me. Notary Public. personally appeared who 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 helshe/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. I certify, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of rotary Public (Notary Seal) 2014-10-28 Agenda Packet Page 114 aCih"NONNTEDGEME1T State of California Count:of San Dieao On the 24th day of July, 2014. before me. Sheree Kansas: Deput< City- Clerk. personally appeased Donna R.Nomris.w'ho proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledgied to me that she executed the same in her authorized capacity;and that by her signature on the instrument.the person,or the entiry upon behalf of which the person acted,executed the instrument. I certif4 under PEINAL.TY OF PERJURY under the laws of the State of California that the foreaoin-R paragraph is true and correct. VdIT1ESS my hand and official seal. Sheree lr.artsas.Deputy'City Cler4: City of Chula Vista (SE S.L.) 2014-10-28 Agenda Packet Page 115 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 25 IN OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 07, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 25;THENCE ALONG THE EASTERLY LINE OF SAID LOT 25 NORTH 18 040'35"WEST, 1756.49 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY LINE SOUTH 63°42'23"WEST, 712.12 FEET; THENCE SOUTH 74°46'02"WEST, 790.86 FEET TO A POINT IN THE EASTERLY SIDELINE OF STATE HIGHWAY 125 DEDICATED PER DOCUMENT RECORDED JUNE 21, 2008 AS DOC. NO. 2008-0437364 OF OFFICIAL RECORDS, BEING ALSO THE BEGINNING OF A 5124.33 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 76°23'06"WEST, THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE OF SAID STATE HIGHWAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°35'07"A DISTANCE OF 231.21 FEET; THENCE NORTH 16°12'01" EAST, 516.13 FEET TO THE BEGINNING OF A 208.85 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 01°41'11" EAST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE.THROUGH A CENTRAL ANGLE OF 76 000'20"A DISTANCE OF 277.05 FEET; THENCE NORTH 03°15'45" EAST, 88.04 FEET; THENCE LEAVING SAID EASTERLY SIDELINE NORTH 62°15'34" EAST, 16.60 FEET;THENCE NORTH 52°3937" EAST, 27.73 FEET; THENCE NORTH 52°23'53" EAST, 78.26 FEET; THENCE NORTH 56°44'36" EAST, 41.26 FEET; THENCE NORTH 39 019'17" EAST, 47.34 FEET; THENCE NORTH 16°43'02" EAST, 38.24 FEET; THENCE NORTH 80°32'16" EAST, 25.85 FEET; THENCE SOUTH 85°05'34" EAST, 49.68 FEET; THENCE SOUTH 83°35'58" EAST, 39.24 FEET; THENCE SOUTH 86°40'05" EAST, 36.56 FEET; THENCE NORTH 86°06'36" EAST, 62.64 FEET; THENCE NORTH 80°2933" EAST, 52.22 FEET; THENCE NORTH 72°35'55" EAST, 72.31 FEET; THENCE NORTH 76°49'29" EAST, 112.97 FEET; THENCE NORTH 78°58'36" EAST, 39.22 FEET;THENCE NORTH 78 057'01" EAST, 105.10 FEET TO A POINT IN SAID EASTERLY LINE OF SAID LOT 25; THENCE SOUTHERLY ALONG SAID EASTERLY ;RO M.1282MOMLegal Desrription1A04 Legal_Bndy V8 AR1 i.docx WO 2825-0004 7115/14 2014-10-28 Agenda Packet Page 116 LINE SOUTH 18°40'35"EAST, 736.34 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 22.62 ACRES,MORE OR LESS. LAND SV� C -v L.S.8553 DOUGLAS STROUP P.L.S. 8553 9�� OF CAL1F°4� HUNSAKER&ASSOCIATES SAN DIEGO, INC. :RO W2825W4 Legal DescripWMA04 Legat_8ndy V8 AR11.docx W0 2825-0004 7115114 2014-10-28 Agenda Packet Page 117 EXHIBIT 19 B" SHEET I OF 2 SHEETS LEGEND: P.a.C. INDICATES POINT OF COMMENCEMENT EAST H sr. �,. �, � T.P.0.g. INDICATES TRUE POINT OF BEGINNING � D�4Py ¢� IRCH (R) INDICATES RADIAL BEARING 805 Q�c o SP��, 125 �q SITE LWN Sr. �; ..�'.• DTAY RNER Q `L DTAY ViESA RD. VICIN17Y MAP NOT TO SCALE EA SEMEN T LEGEND: INDICATES BOUNa4RY OF STATE HIGHWAY 125 PER DOCUMENT RECORDED A JUNE 21, 2008 AS DOC. NO. 2008-0437364. QINDICATES AN EXIS77NG EASEMENT FOR PUBLIC SEWER PURPOSES PER DOCUMENT RECORDED APRIL 15, 2003 AS DOC. N0, 2003-0433781. LAND sO� � b L.5.8553 fl1 G Q J'h rct' IXP� 1 I L'4zo.* 9 7Td UP LS. 8553 rF OF cp,Lt�o�2 HUNSAKER &ASSOCIATES y•■ 0leco, lrc RA*M WW WVb S= 94KOC Sin Mj%Co Cm SUtmm n*mw"w MmwoilWu &\092D\&AbP\EP 0TAY vs ARII SHT 0r.dwg0May-19-2014:0e.•30 W.D. 2825-0004 2014-10-28 Agenda Packet Page 118 1 • • EXHIBIT "B" SHEET 2 OF 2 sHEETS LL, ZLIJ � ipNtr) tON+7N � `Q t° � 3334� Wtu � N F zzZ Z � Z N 16'43'02 E 38.24' 1 N39'19'1 T£ 47.34' co» t N52'3i737'E 27.73' ri ° o 88.04' o 76'1(Y20' + a� R=208,85' o rn / L=277.05' A ACTIVE RECREATION AREA 22.62 ACRES L01'4.1'1r•w(! � pl CD � 51- '� R y512�2�• `; 14!04 6`Ox'E 790� � P.0.C. 1 SE COR. 11D o per, LOT 25(R) 25 ' OTAY RANCHO MAP NO. 862 � RANCHO BOUNDARY HUNSAM 0 300 600 900 &ASSOCIATES 1 A M D 11 C 4 t M c SCALE 1„ =300, Mom vwvf*l*um Btmac !n flesh co am 4rithtl!'R' �-( tt11 r�i0n201ars l ,�l�,ie�OTAY Va AaRIJ sxr r. doVo d-rs-2014:1.7.9 WO. 2a25-0004 014-10-28 Agenda Packet Page 119 EXHIBIT I DOC # 2010-0421267 AUG 16. 2010 10.12 AM c Recordir26 Requested by OFFICIAL RECORDS 6 SAN DIEGO COUNTY RECRRDEWS OFFICE 111 ,n:c1 T�d�art Rdtrnrt A).- DAVID L.[SUTLER,COUNTY RECORDER FEES Mo City Clerk PAGES: 10 1 City of Chula Vista P.a.Boy 1087 11111111111111111 Hill 11111111111111111111111111111111'111111111111111111111111111 Chub Vista,Cadfurnist 91912 T&S l)JS%i7!!1/tlll Belrsfts Citg1 014 Itjo Fie f�qrrired Ibis Spare jvr l'trcorde?.r Use Only I APN(s}b43-0170-1000,_644-QU-1500 C.V.File No. 644-080-1000 IRREVOCABLE OFFER OF DEDIr kTION OIL FEE ILNTEREST l FOR A VALUABLE CONSIDERATION,receipt of which is Hereby acknowledged,OV THREE Two ,LLC;jj j&-J<INVESTMENTS-nVO,LLC;ra QUARRY,LLC represent chat,as the owner of � the herein-described real property,Hereby mattes an Irrevocable Offer of Dedication of fee interest to � THE CITY OP CHULA.VISTA,A N-fUNICIPAL CORPORATION C"City"),the hereinafter described teal property for the following public purpose: FOR HIGHER EDUCATION AND RELATED COMPATIBLE USES, ACT1NT- PUBLIC RECREATION, QUASI PUBLIC AND ALL OTHER USES INCLUDING RE5IDENTL)1 USES, INDLISTR kL AND COWERCIAt. The property referred to above is situated in the City of Chula Vista, County of San Diego,State of California and is more particularly described on Exhibit"A"attached hereto and incorporated herein by kris reference the C Property'l. I This Offer of Dedication is made Pursuant to Section 7056 of the Government Code of the State of California and the terms and conditions of rust cert;un Lane!Offer Agreement by and between Owner and City dated Ap.ul 7,2008,which Land Offer Agreement is incorporated hereia by reference. 'n-as Offer of Dedication itsay be accepted by the Ciry Clerk of the City of Chula Vista only in accordance with the Land Offer Agmernent. I i This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Owner,its heirs, executors,administrators,successors and assigns. l 1 I I 2014-10-28 Agenda Packet Page 120 6657 pursuatit to Axncle 2 of die Land Offer Agr,,cment, IoUmving The City's accupLance Of this Offer of Dedication,Owner shall retain certain rights to repurchase all or a portion of the Property(:'Repurchase Rights";)for the to ni specified in Section 2.1 of the Land Offer Agreement. It is the intention of the parties that the Repurchase Rights shall be covenants running 5vidi the land pursuant to applicable law, including,but not limited to Section 1458 of the Civil Code of the State of California. The City and Owner agree that each of die limitations,covenants,conditions,and restrictions contained herein,and as iiicorporated by reference: from the Land Offer Agreement (I) is for the benefit of certain teal property described on E:cliibit"B"aaached Hereto and incorporated Herein(the"Bene(ited Property':) and i& a burden upon the Prupert}l, (is) attaches to and nuns n6th Elie -Property and die BUntfitcd Property, (iii) benefits each successor owner during its ownerslup of the Btriefircd Property or any porao❑thereof,and(ir)is binding tipon ench successor owner du iiig its ownership of the Property or � a lim=ny portion thereof, and each owner ing any interest dierein derived in any manner through any owner of tilt!Property or any portion thereof,whether by operation of law or any mnaner whatsorver- Norwithstandng the foregoing,Owner may elect from tune to time,in accordance with the terns o£the Land O£fer.�greement,by a dilly recorded doewnent to remote any portion of the Bt:neiited Property from the benefit of the covenants set forth Herein. [SIGNATURES ON FOLLOWING PAGE] i 2 2014-10-28 Agenda Packet Page 121 • i 6658 I Tlus is to terrify that the interest in real property offered herein to the City of Chula Vista, a governmental agency,is hereby acknowledged by the undersigned,City Clerk,,on behalf of the Cht& Vism City Council pursuant to authority coo€erred by Resolution No ` 3I of the Chuh Vista City Council adopted on ./_,1R/ �0 _,2008,and the granters conscnz to the recordation thereof by its duly authorized officer, f DONI NA N©f{.I2.IS � CITY CUM: �. �l Date: j l j 3 I i -3- j 2014-10-28 Agenda Packet Page 122 i . f 6659 ACKNOWLEDGEMENT I l 4 State ofCalifot-tiia County of San Diego On the 13th day of August,2014.before nie,Sheree Kansas.Deputy City Clerk,personally appeared Donna R.Norris who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument acid acknowledged to f11e that Site executed the f same in her authorized capacity,and that by her signature on the instrument,the person,or the entity upon behalf ofwhich the person acted,executed the instrument. I certify under?ENALTY OF PERJURY under the laws of the State of Cali fornia that the foregoin►L, paragraph is true and correct. WITNESS my hand and official seal. Sheree Kansas, Deputy City Clerk City of Chula Vista (S(-AL) I i 2014-10-28 Agenda Packet Page 123 t t OV T IRE1E TWO,LLC a Delaware limited liability company, i 'By-, OV THREE ONE, LLC, a Delaware limited liability company, 6 1 Its Managing Member By: Otay Village Three Investments,LP, a Delaware limited partnership, I-ts Managing Member By: PC M'anage»ICRt LU, Inc., a DelawBay: rpo- ton, Its Gener Partner f Robert B. Cameron Its Vice President JJJ&K INVESTNIMNTS TWO,LLC, a Delaware limited liability company By: JJJ&:K INVESTMENTS ONE,'LLC, a Delaware limited liability company Its Managing Member By: ,IJ.q K INVESTMENTS, LP, a Delaware limited partnerslAp Its Managing Member By: JJJ&,K Management, Inc., a Delawa Con, n a cop er aIts Gener rti 3 By Robert B. Cameron Its Vice President By: RR Quarry,LLC, a Delaware limited liability company By: JJ.T&,K Management,Inc., a Delaware on Its Managing ember By; Robert B. Cameron [ Its Vice President I 2014-10-28 Agenda Packet Page 124 J . 2014-10-28 Agenda Packet Page 125 CA8.WO>f3NIA ALL-PURPOSE ACKNOWLEDGMENT �r.� r'� �r .r"r-'arc-czrr'-r• -trrr - - ..rn: - .�=r.=r• . r- c .=.rrc- r~ .rr-..=rc-r . r f I State of California II County of In F t•ec-0 I �� L_ 1 .`�J . !�C f E 1 On �UG � � �1 ZQ L� before me, � '�� t .� }• Ci UalD Here 1.3,11 fume, U16 01 Ill,Mice personally appeared vyi l°iY?tn t nem41o1 u15 pntrf3t who proved to me on the basis of satisfactory evidence to be the personM whose narneW(Dafo subscribed to the =1010INALD within instrument and acknowledged to me that Ros s he toltoey executed the s me i his t)efltor authorized f it30a851 capac[tygt, and [hat b ji ltt�efr signatures) on the a(@ colifamla instrument the personas), or the entity upon behalf of Otrrrty which the persons acted, executed the instrument. JIM29 2012 I I certify under PENALTY OF PERJURY under the laws ' of the State of California that the foregoing paragraph is true and correct. WITNESS my Band official s I. Signature PtxallolIry Seal AE4re 5',,rnstu=o of t ary Pule. OPTIONAL � Though lire inlvrmalion below is not required by law,it may p,nve valuable to persons relying on the document and could pmvenl lrmidulenl rem.,al and reattachment of This rorni to anolhar document. Description of;Attached Document f Titte or Type of[document; Document Date: Number of Pages: Signer(s)Older Than Named Above: Capacity(ies)Claimed by Signer(s) Signers Name: Signers Name: ❑ Individual 0Individual © Corporate Officer--Title(s): ©Corporate 01licer--Title(s): ❑ Partner—D Limited D General ©Partner—D t_imited ❑General I D Attorney in Fact ❑Attorney in Fact . v"•, TJP P!tRU^ntJ h3r? Top at thnrstG ngtd © Trustee ©Trustee I:1 Guardian or Conservator ❑Guardian or Conservator © Other ❑Omer: Signer Is Representing: Signer Is Representing-. H.JUWat t>oLWty A:=Cialon-4350 Dv Solt)A.e,hQ.8ax 2402.0rL1l7eVlr CA 91313 2402•WOM r13la12lTMtW0'9 Ham*907 Readtr.Ca3TulFraa t.00U76-F 7 l t t ' F t l 2014-10-28 Agenda Packet Page 126 1A�'ac e,stu5il63.wiS814VialDrI titnuo9 nQah3 rut StOa.uS fyl,�ait0id,ai;na3 t�; { I 2014-10-28 Agenda Packet Page 127 i CALROO NIA ALL-PURPOSE ACKNOWLEDGMENT T 6 6 6 2 �C r" ..rr^r-r, ."`f•`Y" '.rMTr•'r .r.-arrrcrr aY��.tv.Y ,re:r-Rr:cs-errs .rr.�r - � State of California County ofGc p� �►L'Gr o _ y J� j On It i l 3, 200 before me, �J Ct t 1�� 1 off�4;r �d V310 t3Zte msan rtam4 and Nn 01 Ind olrKer Personally appeared 7 V turrets;ct Slgnot{sl 1 who proved to me on the basis of satisfactory evidence to l be the personV whose name(,$)Cl ja/subscribed to the within instrument and acknowledged to me that he D4I0a,y executed the same in is pfltt4ir authorized DONALD J.M004851 capacitypfe r, and that by is1 Ittyefr signalurejsj on the Commisatan p instrument the person( or the entity upon behalf of -� Notary Public• ountyrnla which the erson acted, executed the instrument. SanOfegoCourtly P Comm.& fires 1M 29,2D12 I I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is i true and correct. ; i WITNESS my ha,picPpild official se signature � PL;rz t42raty 5921 Abor a 51gna t of MolyY Pu"% t OPTIONAL l?IO_qh the information below is nol required by lax,it may prove valuable to persons relying an the document and could prevent fraudufent removal and rearrachmani of this forth la anolherdacumeni. Description of Attached Document Title or Type of document: Document pate: Number of Pages: Signer(s)Other Than Named Above: I Capacity(ies)Claimed by Signer(s) Signer's Name: Signers Name: 0 Individual 0 Individual O Corporate Officer—Tille(s): ©Corporate Officer—Title(s): p Partner•-•-•©Limited ©General O Partner—0 Limited ©General ;.. f,] Attorney in Fact - ❑Attorney in Fact Pig D Trustee 1,01,at thamh 4M (_f Trustee Tap 01 I1wnzoe'e 0 Guardian or Conservator 0 Guardian or Conservator 0 Other: ©lather: Si ner is Representing: Signer is Representing: I �2007 mirnnt N=ry A rcb4ci 93WOe Soto AV,FD So.2402 CU,115w 0h,cA 9 t3 52440•v et Nauonalrmury Oro 1U,'m95W7 nNmkr.aa1TaFFteei-Wa7BS= i I 2014-10-28 Agenda Packet Page 128 22OR OJA;100 CztnGB; MaGlxatmrnn.j " ' 6fn�cl!cJ•ni:du4 q;rini: 5 tOS.l's nut eno.q►3 mru3 art —''l 2014-10-28 Agenda Packet Page 129 6663 + CALWORNBA ALL-PURPOSE ACKNOWLEDGMENT State of California County of :5cx k, � I p r I On � 13,2.0/ before me, i'? 1i f (� ��SS .Illt? �t1 ' 1b4<" l Dale Hwo Insarl I'Mm.'41`60 T1W 01 1h 014cer personalty appeared __, _ _ _I'Gt•, ICamels)01 SlpnaitsS who proved to me on the basis of satisfactory evidence to he the personw whose name tst' ' subscrlbed to the wig In instrument and acknowledged to me that DONALD J.ROSS C& 61t�ey executed the saute i ii Itt,,eir authorized Commission a 1604651 capacity(iW, and that by h s 11Pflt�eir signature( on the t Notary Public-California instrument the persorA, or the entity upon behalf of f &aa Ologo County which the person acted,executed the instrument. Comm. Tres Jun 29.2012 I certify under PENALTY OF PERJURY under the laws � of the State of California that the foregoing paragraph is true and correct. t Al WITNESS my han5A9d official se Maw Ciala[y Scat m Signature ove q Slpnanlfe W tlalsri i'uNw I OPTIONAL Though the informalion beloly is not required by taw,it may prova valuable to persons relying on the document and Could prevent froudutent ramovar and reallachment of this form to another document. Descriptlon of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Gapaaity(ies)ClaJmed by Signer(s) Signers Name: Signer's Maine: ❑ Individual ❑Individual ❑ Corporate Officer—Tiille(s): 0 Corporate Officer—Tille(s): E) Partner—0 Limited ❑General ❑Partner—D Limlled ❑General 0 Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb hele ❑Trustee Top at Mun-b 1541r ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ©Other: l Signer Is Fie�{p,resenting: Signer is Representing: vAr 40,-W7 RllY_Wl tt:12ry AmoeiaWn-93501.Soto"'o Po'Bat 2402-Ch24:+.4nh,CA 41313 (r--.%MiadonafC:.lafyo[y fleme55o7 AuwW.,:Ca;t7oCl Feet 1•11Of-87&W127 S E 2014-10-28 Agenda Packet Page 130 r2M . AIIDQ uz,!,rit E u�h!!Qp n nc:2zirvmuD ;.l1UG3 G�91E;nf2 +r, � SI03S& -.WL Q51i-x3.c;rloLlV%! 2014-10-28 Agenda Packet Page 131 ' I 666 ; Exhibit A OTAY RANCH VILLAGES 9 AND 10 ' PORTIONS OF PARCELS E AND F: LOTS 13 AND 14 OF OTAY RANCHO, IN THE CITY OF CHULA VIS'T'A_COUNTY OF SAN DIEGO,STATE OF CALIFORNIA.ACCORDING TO MAPTHEREOF NO.862,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7. 1900. EXCEPTING THKEFROM THAT PORTION OF LOT 14 OF OTAY RANCHO. CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY,BY DEED DATED APRIL 11, 114I2 AND RECORDED .TUNE 24. 1912 IN BOOK 570,PAGE 113 OF DEEDS- PORTIONS OF PARCELS E AND F: LOT 15 OF OTAY R-ANCHO,IN TIME CI'T'Y OF CI-IUI,A VISTA,COUNTY OF SAN DIEGO. STATE OF CALIFORNIA.ACCORDING TO MAP THEREOF NO. 862.FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. FEBRUARY 7. 1900. I END OF LEGAL DESCRIPTION L'.1k)r.uwrnl;anJ�.:lsin�.dCKnrgrnelLncaE�c;1µ�siTCrss�rsn•inun:t�Ic;S V L);7 EtSf I]E!ciiUiir\.ti.1 t I fl akr: j I 2014-10-28 Agenda Packet Page 132 6665 Exhihil B I LOTS 23 AND 21 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 24 CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912 RECORDED JUNE 24. 1912 IN BOOK 570, PAGE 113 OF DEEDS, RECORDS OF SAN DIEGO COUNTY: THE PARCELS OF LAND SO CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST 5061;EET OF LOT 4 OF SAID OTAY RANCHO AND STRIPS OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND � THE LINE OF THE RJG1-1T OF WAY OF THE OTAY-CORONADO PIPE LINE.,AS DESCRIBED IN 1 SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF SAID PARCELS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 23 LYING WITHIN CHULA VISTA TRACT NO. 05.07 MC MILLIN OTAY RANCH VILLAGE 7 "A" MAP, ACCORDING TO MAI' THEREOF NO. 15014, FILED IN THE OFFICE OF THE COUNTY RECORDRR OF SAID COUNTY,MAY 6.2005. FURTHER EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 23 AND 21 CONVEYED TO THE STATE OF CALIFORNIA 13Y DEED RECORDED JUNE 21. 2006 AS DOCUMENT NO. 1 2006-0437364. l{ i k { { END OF LEGAL DESCRIPTION I L 117rc;llrcnsc 2A Sctu,=�silic'It V"mL.wed SotintiaTc,njh,wry Intcmcl F7lcsvt.).t:7 IMLIDE:bibnit-9]LIR,,Irc. 2014-10-28 Agenda Packet Page 133 EXHIBIT D O C # 201 4'0315052 Recording requested by: JUL 25, 2014 8:48 AM Gn of Chula Vista OFFICIAL RECORDS r`6 SAN DIEGO COUNTY RECORDER'S OFFICE After recording return EmesE J.Dianenbwg.dr..COUNTY RECORDER � to: FEES; 090 PAGES: 4 city of Chula Vita ll� loll ll�� l��lll� l( 1 Il llllll l� �f1 lllll�lf l�llll 375 Fourth Avenue Chula Vista.CA 91910 Ann: Liz Briggs This space for Recorder's rise onit, IRREVOCABLE OFFER OF DEDICATION OF FEE 1NTER5T Document Title 2014-10-28 Agenda Packet Page 134 IRREVOCABLE OFFER OF DEDICATION FOR UNIVERSITY PROPERTY Recording Requested b),and Please Return to: City Clerk City of Chula Vista P.U. Box 1087 Chula Vista.CA 91912 This Instrument Benefits Cini NIJt Aro fee is required This S ace for Recorder's Use Only A1'N(s) 644-090-17 C.V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE IN'T'EREST FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,SSRT LCRE V LLC,a Delaware limited liability company,represents that,,as the owner(s)of herein-described real property,{in the ease ofinulriple owners, collectirel t,referred to cis "Grantor'). Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA,A MUNICIPAL CORPORATION,the hereinafter described real property for the following public purpose: FUTURE UNIVERSITY PURPOSES The real property referred to above is situated in the Cin,of Chula Vista. County of San Diego. State of California and is more particularly described ns follows. SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT R FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code orthe State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs,executors,administrators,successors and assigns. 2014-10-28 Agenda Packet Page 135 SIGNATURE PAGE Signed this 1 7t day of :I(a ,20 1+• Grantor Signatures: SSBT LORE V LLC, a Delaware Gmi ed liab i ornpany By: f If Name: o ,.e Ycl,"5 Title: Vice- Wesid tt By: Name: Title: (Notary Acknowledgment Required for Each Signatory) This is to certify that the interest in real property offered herein,to the City of Chula Vista, a governmental agency, is hereby acknotivledged by fire undersigned, City Clerk on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution Mo. 15645 of the Chtda Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. By: DO WA NORRIS,fCMjff,City Clerk Date- 2014-10-28 Agenda Packet Page 136 S atc of e-4ft:dh r(usso loused S County•of S0401 1L on .t�1UJ �,� & �� - - .before nee: HY1ypyYY, � 1 r ot'1')f}n ;votary Public,personally appeared -e- m who proved to me on the basis of satisfactory evidence to be the persons)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- si nature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted.executed the instrument. I certify' under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �VIT?vE t hand and f ial seal. Signature of Notary Public ANNEMARIE E. INMAN �L\ Notary Public (Notary Seal) commonwealth of Mossachusctts ,x My commission Expires , VervinEpur State of California County of On before me. Notary Public.personally appeared who 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 copacity(ies). and that by his/her/their sionature(s) on the instrument the person(s); or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forenoin- paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (%Notary Seal) :RO 11:1282510}11 e_at NbcripiionVX05 Lrgat_8l14}-V 10 Future Univ dGcC Ito 2825-0404 7114114 2014-10-28 Agenda Packet Page 137 ACKNOWLEDGEMENT State of California Counry of San Dieao On the 24th day of July, 2014, before me. Sheree Kansas,'Deputy Cite Clerk; personally appeared Donna R.Norris,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledMed to me that she executed the same in her authorized capacity,and that by her signature on the instrument,the person,or the eminy upon behalf of which the person acted;executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITINESS my hand and official seal. Sheree Kansas; Depury Ciry Clerk City of Chula Vista (SEAL) 2014-10-28 Agenda Packet Page 138 EXHIBIT "All LEGAL DESCRIPTION THAT PORTION OF LOT 13 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.862,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 7, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13 SOUTH 18°41'55"EAST,2833.88 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 50°58'25"WEST, 57.10 FEET;THENCE NORTH 32°18'24"WEST, 60.45 FEET; THENCE NORTH 19°52'25"WEST, 79.70 FEET;THENCE NORTH 10°31'35"WEST, 99.50 FEET;THENCE NORTH 05 010'36"WEST, 74.74 FEET; THENCE NORTH 07°56'58"WEST, 52.00 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118048'16!'A DISTANCE OF 82.94 FEET; THENCE SOUTH 53°14'46"WEST, 26.00 FEET;THENCE SOUTH 51°05'52" WEST, 50.43 FEET;THENCE SOUTH 61039'39"WEST,90.22 FEET;THENCE SOUTH 48 031'20"WEST, 27.04 FEET;THENCE SOUTH 36 026'34"WEST,91.97 FEET;THENCE SOUTH 78003'27"WEST, 87.62 FEET; THENCE NORTH 18°47'53"EAST, 89.81 FEET; THENCE NORTH 33°3651"WEST, 328.04 FEET;THENCE NORTH 34°08'47'WEST,512.10 FEET;THENCE NORTH 84°46'10"WEST, 168.12 FEET TO THE BEGINNING OF A 510.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE WESTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 87°12'49"EAST,THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°04'06"A DISTANCE OF 196.43 FELT; THENCE SOUTH 24 051'17"WEST, 2025.24 FEET TO THE BEGINNING OF A 480.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE SOUTHWESTERLY ALONG THE. ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°53'36"A DISTANCE OF 208.55 FEET;THENCE SOUTH 38°21'27"EAST, 13.01 FEET TO THE BEGINNING OF A 493.00 FOOT RADIUS NON TANGENT CURVE CONCAVE NORTHWESTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 40°12'05"EAST,THENCE.SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 041'37"A DISTANCE OF 186.66 FEET; THENCE SOUTH 71°29'32"WEST,65.94 FEET TO THE WESTERLY LINE OF - S1 1823W4VLceal DcscnptionlA05 L%caLBndv V IO Futurc Univ.doct WO 282$400 7 115/14 2014-10-28 Agenda Packet Page 139 SAID LOT 13:THENCE ALONG SAID WESTERLY LINE NORTH 18°41'14"WEST, 2371.85 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND GRANTED TO THE CITY OF CHULA VISTA DESCRIBED IN DEED RECORDED JUNE 28, 2011 AS FILE NO,2011-0326935 OF OFFICIAL RECORDS;THENCE LEAVING SAID WESTERLY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 46 025'40"EAST,495.29 FEET;THENCE NORTH 34°04'54"EAST, 732.68 FEET;THENCE NORTH 42°51'05"EAST, 265.78 FEET;THENCE NORTH 50 013'24"EAST, 315.59 FEET;THENCE NORTH 41°33'34„ WEST, 72,14 FEET TO THE NORTHERLY LINE OF SAID LOT 13;THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG SAID NORTHERLY LINE NORTH 71 057'55"EAST, 1107.50 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 130.68 ACRES, MORE OR LESS. A A c� v DOUGLAS . STROUP P.L.S. 8553 9TF o CAS-tFQ4� HUNSAKER&ASSOCIATES SAN DIEGO, INC. :RO Nl.Q82510411.c9a[Dc5criplion'005 LcEW-Ondp V ID Fume Unix doc\ WO 2825,0004 X15!1-4 2014-10-28 Agenda Packet Page 140 EXHIBIT „=y SHEET t OF:2 SHEEM _ LEGEND: P.O.B. INDICATES POINT OF COMMENCEMENT (R) INDICATES RADIAL BEARING EAV li ST- o EAS7ME PKVTf. 805 SITE x QTAY E? p� 7 25 OTAY MM RD. NOT TO SCALE 1AND s�? q ro k LS-8553 WL G 2%3 ? ST RO iP L9, 8553 9�fi OF cALL4p`t� Exp.I IIINSAM &ASSOCIAM IA11 DItC L INC RAW= um Wt b 4xa eol4mm �,ca�oum �vCt1+C h s�� 1 X04211 ctF�F�rlu7ttfs�Ef?pTAY WD 11111V 51sT lMdNWMp)w19-7014:1246 W.D. 025--OD04 2014-10-28 Agenda Packet Page 141 EXHIBIT "E„ SHEET 2 OF 2 SHEETS 1'07 � P.O.B. NE COR. 1 �{ LOT 13 FUTURE -... .--r PUBLIC DETAIL "A" �a�` �s. \ ROAD 1' 50' X43 y o bL A� "D6, `r.G• y tJ1 C ul lk g ,Fy43� 2 'Co N87'12'49`Wff l v 2 A-22'04'06' R=510.00' p's� J t�cam-. a ca L=196.43' o`� u'1 FIT L R.E UNIVERSITY 130.58 ACRES N3336'51'W Jr. 328.04' N18'4753'E 89.81' � L3 � y qN 13 co ry N DTAY RANCHO 6 Z MAP NO. 8a2 �(b i NUMBER BEARING DISTANCE L1 N07*56'561V 5240' A=24'S3'J8' 12 N05'16361W 74.74' C r R=480.00' 0 N10'31'35'W 99.50' L=208.55' L4 N 19'S2'25'W 79.70' . HUNSAKER &ASSOCIATES 1 VAX alrca 181e ,o- [,'jsry d6.- ,a% 0 500 1000 1500 004 DC 5ln*,p6Q n °s vuvnvC nomnwm-owanwa SCALE 1" =500 k\0921XAWpA rifs1EP-0MY vr0 UWV SW 9zdvg&ur-15-2014:13.23 W.O. M-5-0004 2014-10-28 Agenda Packet Page 142 _w EXHIBIT J D O C # 2014-0315051- I IIII�� I��I 111 Illy�I��114 I�III�I��4 VIII Illi��Ill�� [ l�l Recording requested JUL 26,2014 8:48 AM bV. Cfty of Chula Vista OFFICIAL.RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE After recording return Ernest J.Drarienburg.it..COUNTY RECORDER FEES. (3.(]U av to: PAGES: 9 t ohv s r C fCu, I I i4lll�ll�lii if it fllillll l llff 11 f l i 111 {l 1 1 276 Fourth Avenue Chula Vista CA 91910 Attn: Liz Briees This s ace for Recorder's use onit, IRREVOCABLE OFFER OF DEDICATION OF FEE INTERST Document Title 2014-10-28 Agenda Packet Page 143 IRREVOCABLE OFFER OF DEDICATION FOR RECREATION PROPERTY Recording,Requested by and Please Return to: Cite Clerk City of Chula Vista P.O. Box 1087 Chula Vista,CA 91912 This Instrument Benefits City Only. Ala fee is required. This Spa ce for Recorder's Use Oulu APN(s) 646-010-04 C.V. File No. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,SSBT LCRE V LLC,a Delaware limited liability company,represents that,as the owner(s)of herein-described real property,(in the case of multiple owners, collectively referred to as "Grantor'). Grantor hereby makes an irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION,the hereinafter described real property for the following public purpose: ACTIVE RECREATION PURPOSES The real property referred to above is situated in the City of Chula Vista. Counly of San Diego, State of California and is more parlicularly described as follows: SEE ATTACHED; EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs,executors,administrators,successors and assigns. 2014-10-28 Agenda Packet Page 144 SIGNATURE PAGE Signed this i 7t6 day of i, „ . 20 #4- Grantor Signatures: SSBT LCRE V LLC. a Delaware limited liabili tnpany Bv: Name: Q.Sa �� YnN9 Title: Vice ?resi dot By: Name_ Title; (Notary Acknowledgment Requires! for Each Signatory) This is to certib, that the interest in real property offered herein to tire City of Chula irista. a governmental agency, is hereb}=acknowledged by the undersigned Cin, Clerk on behalf of the Chula Vista On,Council pursuaw to authorit},conferred by Resolution No. 15645 of the Chula Vista City Council adopted on Jane S, 1990. and the grantee(s) consent(s) to the recordation thereof by its dulv authorised officer. By: 4ACOCOL. D NNA NOR 1S. ;City Clerk Dat 2014-10-28 Agenda Packet Page 145 state of fYQCI�uS� S County of ` u -?�� On before me, y� n Notary Public,personally appeared (D. So WIZ I-l° cLn who proved to me on the basis of satisfactory evidence to be the pers (s)whose name(s)is/are subscribed to the within instrument and acknowledged to rite that he/she/they executed the same in hislher/their authorized capacity'(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalfof which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y hand and official seal. 5irttaAN74MV TNMAtV — - w• Notary Public (;ta[an Seal) � Camrnanweallh of Massachusetts ' 11t MY commission Expires - State of California County of On =before me. Notary Public.personally appeared who proved to me on the basis of satisfactory evidence to be the person(s),,whose name(s)islare subscribed to the within instrument and acknowledged to me that helshefthev executed the same in hisiher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted.executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) 2014-10-28 Agenda Packet Page 146 ACI0,' XN I..EDGENNIENT State of California County of San Dieeo On the 24th day of July 2014. before me; Sheree Kansas. Deputy Cite Clerk, personally appeared Donna R.Norris,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the Mthin instrument and acl nowledded to me that she executed the same in her authorized capacity:and that by her signature on the instrument,the person;or the entity upon behalf of which the person acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sheree Kansas;Deputy-City Clerk City of Chula Vista (SE.AL) 2014-10-28 Agenda Packet Page 147 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 25 IN OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 07, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 25,THENCE ALONG THE EASTERLY LINE OF SAID LOT 25 NORTH 18°40`35"WEST, 1756.49 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY LINE SOUTH 63°42'23"WEST, 712.12 FEET;THENCE SOUTH 74°46'02"WEST, 790.86 FEET TO A POINT IN THE EASTERLY SIDELINE OF STATE HIGHWAY 125 DEDICATED PER DOCUMENT RECORDED JUNE 21, 2008 AS DOG. NO. 2008-0437364 OF OFFICIAL RECORDS, BEING ALSO THE BEGINNING OF A 5124.33 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS NORTH 76°23'06"WEST,THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE OF SAID STATE HIGHWAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°3607"A DISTANCE OF 231.21 FEET;THENCE NORTH 16 012'01"EAST,516.13 FEET TO THE BEGINNING OF A 208.85 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 01 041'11" EAST,THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76 000'20"A DISTANCE OF 277.05 FEET;THENCE NORTH 03°15'45"EAST, 88.04 FEET;THENCE LEAVING SAID EASTERLY SIDELINE NORTH 62°15'34"EAST, 16.60 FEET;THENCE NORTH 52°30'37' EAST,27.73 FEET;THENCE NORTH 52°23'53"EAST,78.26 FEET;THENCE NORTH 56 044'36"EAST,41.26 FEET;THENCE NORTH 39 1119'17"EAST,4734 FEET;THENCE NORTH 16"43'02"EAST, 38.24 FEET;THENCE NORTH 80°32`16"EAST,25.85 FEET; THENCE SOUTH 85°05`34"EAST,49.68 FEET;THENCE SOUTH 83°35'58"EAST,39.24 FEET;THENCE SOUTH 86°40'05" EAST, 36.56 FEET;THENCE NORTH 8W06'36"EAST, 62.64 FEET;THENCE NORTH 80°2933"EAST, 52.22 FEET;THENCE NORTH 72°35'55" EAST,72.31 FEET;THENCE NORTH 76"49'29"EAST, 112.97 FEET;THENCE NORTH 78°58'36"EAST, 39.22 FEET;THENCE NORTH 78"57'01"EAST, 105,10 FEET TO A POINT IN SAID EASTERLY LINE OF SAID LOT 25;THENCE SOUTHERLY ALONG SAID EASTERLY ;RO NB28251041L.egal Dascnp6on1A04 LegaLBndy V8 ARt 1,0= Wo 28254004 7115414 2014-10-28 Agenda Packet Page 148 LINE SOUTH 1884{1'38"EAST,736.34 FEET TO THE TRITE POINT"OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 22.62 ACRES,MORE OR LESS. LAND Q � L.S.8553 �Iovl DOUGLAS STROUP P.L,S.8553 9TH OF HUNSAKER&ASSOCIATES SAN DIEGO, INC. :RO M:[28251U Segal OescrtpUoMA04 Legai_8ndy V8 ARf t.dom WO 2825-ODU 7115114 2014-10-28 Agenda Packet Page 149 EXHIBIT "B ly SHEET i OF 2 SHEET'S LEGEND- P.O.C. INDICATES POINT OF COMMENCEMENT EAST H ST O- i 7'.P.Q.Q. INDICATES TRUE POINT OF BEGINNING IEC ,H P� (R) INDICATES RADIAL BEARING 805 4' an• 125 4 SITE MN $T. e i •• s OTAY RNF R 0 F� �O OTAY MESA NO, VI CI X117 Y MAC' NOT TO SCALE EASEMENT LEGEND: QINDICATI 5 8001411 RY OF STATE HIGHWAY 125 PER DOCUMENT RECORDED JUNE 21, 2008 AS DOC. NO. 2008-04J73K QINDICATES AN VOSTING EASEMENT FOR PUBLIC SEWER PURPOSES PER 6 DOCUMENT RECORDED APRIL 15, 2003 AS DOC. NO. 2003--0433281. y�10 LANO s �0 0 Q v 1..5.8553 EXP. 12/31/74 UP L.S. 8553 9rF of CA0'o4e� HOSAKER &ASSOCIATES /Ai 01it6 lit ISNWC iB 1K+IbS�i WCI*WC WO&PM M1 9AYlYrf• ti>• jz-�oszo\as&p1EP-0TAY VS ARI I SK o►,d�TWor-IS-zar�oaao W.G. 2825-0004 2014-10-28 Agenda Packet Page 150 EXHIBIT "B" SHEET 2 OF 2 SHEETS o � i ry w33 ;uW;u � N fd !-51 O R N crs zzzzz a N16-43'OTE 38.24' N39'19'17"E 47.34' w cry oa N52'3d37`E 27.73' cy ° z N .15'45`£ 88.44 , h� 4=76'0('21)' . �' � R=208.85 N -� L=277,05' A R .ACTWE RECREATION AREA Pte: ' 22.62 ACRES � LN01'41' lLWLR2 A'05}24.33 1;- .-231.21 � 6a2 �4 .E ,��O.aG P.O.C. SE COR. i V, 3-30 LOT 25 1 OTAY RANCIHa MAP NO. 362 wwcxo SOUNVARr HUNSAKER 0 300 600 900 &ASSOCIATES {AM VICGM ;Mt SCALE V =300' AHROC i1FY5(�}�a! @0�91G SRI LYjxGli,IIt 9M TrM 'rCDZM&W" lt- nM01ftbv1Exb,U\EP 0TAr Va AR1r SFil w.a. 2ez5--0004 k 2014-10-28 Agenda Packet Page 151 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0578, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CRA ADVANCE FUNDING AGREEMENT BETWEEN THE CITY AND ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES AND APPROPRIATING $250,000 TO THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2010, Rohr and the Chula Vista Redevelopment Agency (Agency) entered into a Cooperative Remediation Agreement (CRA) to facilitate the remediation of property located within the Chula Vista Bayfront Master Plan. In exchange for Rohr's cooperation the Agency agreed to provide financial support, in the form of annual payments, to Rohr for the development and implementation of a remedial action plan and other related purposes. The proposed CRA Advance Funding Agreement is to advance Rohr their next annual payment, in the amount of $250,000 dollars, so that remediation activity can be concluded allowing the exchange of lands between North C.V. Waterfront L.P. (Pacifica) and the San Diego Unified Port District (Port District) by December 15, 2014. The City will be repaid the advanced funds by Rohr within thirty days of the payment by the Agency to Rohr of the 2015 CRA payment. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION During the community planning process for the Chula Vista Bayfront Master Plan (CVBMP), the Citizens' Advisory Committee recommended merging an independent planning effort that was underway by the Pacifica for the Mid-Bayfront properties, into the overall planning effort for the CVBMP. As a result of that consolidated planning process, a decision was made to shift high-density residential land uses to the centrally located Harbor District and away from the more environmentally sensitive Sweetwater District. The shift in residential uses requires an exchange of Pacifica's City of Chula Vista Page 1 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 152 File#: 14-0578, Item#: 4. Sweetwater District properties for Port District properties in the Harbor District. The exchange necessitates additional remediation activity at the site in order to allow for residential uses to be located on property that was formally operated as an aerospace manufacturing plant. To ensure that these additional remediation activities and residential development could proceed, a Second Amendment to the Relocation Agreement between the City of Chula Vista, the Agency, the Port District, and Goodrich Aerostructures (Goodrich) was approved by the parties on February 2, 2010. In addition, a CRA, between the Agency and Goodrich, was entered into on April 20, 2010, which supported the existing operations of the Goodrich facility and provided Agency financial resources to hasten environmental remediation. The CRA includes the following financial participation provisions: Financial Assistance • Provide financial assistance to Goodrich for environmental remediation, air quality mitigation and other qualifying investments which reduce the net energy consumption by the Goodrich facility. • Pay the financial assistance in annual payment due and payable on July 31 of each year beginning in 2011 and ending in 2028. • Financial assistance will be equal to fifty percent (50%) of eligible reimbursable expenses not to exceed the maximum amount for that year as identified in Exhibit "C" of the CRA. • Reimbursable expenses that exceed the maximum amount for that year shall be carried over as a credit balance due to Goodrich in future years until the accrued surplus balance is exhausted. Today, much of the environmental remediation work associated with the soil on the exchange parcel has been accomplished, however, there is one more mobilization required to complete the final clean up of the soil. In addition, a dispute over costs has arisen between the Port District and Goodrich/Rohr. In order to continue to move the land exchange forward, staff recommends entering into the agreement to advance Rohr their next annual payment, in the amount of $250,000. The City will be repaid the advanced funds by Rohr within thirty days of the payment by the Agency to Rohr of the 2015 CRA payment. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The CRA Advance Funding Agreement supports the City initiative 2.1 .1 Implement the Bayfront Master Plan by providing temporary financial resources that will facilitate the exchange of lands between Pacifica City of Chula Vista Page 2 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 153 File#: 14-0578, Item#: 4. and the San Diego Port District. CURRENT YEAR FISCAL IMPACT Approval of this item will result in the appropriation of $250,000 to the Non-Departmental's Other Expenses category. This appropriation is offset by unanticipated revenues, resulting in no net fiscal impact to the General Fund. The advanced amount will be repaid by Rohr within thirty days of the payment by the Agency to Rohr of the 2015 CRA payment. ONGOING FISCAL IMPACT There is no on-going fiscal impact. ATTACHMENTS 1. CRA Advance Funding Agreement Staff Contact: Eric Crockett, Assistant Director Development Services Department City of Chula Vista Page 3 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 154 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googi s�jp--� 1ttdAwj z . City Attorney I� Dated: /D - -2 3 -// CRA ADVANCE FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CITY OF CHULA VISTA AND ROHR, INC. 2014-10-28 Agenda Packet Page 155 CPA ADVANCE FUNDING AGREEMENT This CRA Advance Funding Agreement ("Agreement") is made and entered into by and among the Successor Agency to the Redevelopment Agency of the City of Chula Vista ("Agency'). the Cite of Chula Vista ("City') and Rohr, Inc., a Delaware corporation ("Rohr'') (each a "Part," or collectively `Parties"). All references in this Agreement to the Agency shall be deemed to include the Aocncy's predecessor; the Redevelopment Agency the City of Chula Vista. and arnv assignee of the Agency or City under this Agreement. RECITALS A. Rohr is the owner of certain real property located on the Chula Vista Bayfront ("Bayfront") upon which Rohr operates an aircraft manufacturing plant. B. The Agency and City are committed to the redevelopment of the Bayfront pursuant to the Chula Vista Bayfront Master Plan ("CVBMP"). A key component of the CVBMP is a proposed exchange of land owned by the San Diego Unified Port District ("Port") commonly known as Parcels HP-5, H-13. H-14 and H-15 ("Exchange Property")_ for property owned by Pacifica. a private developer, which intends to redevelop the Exchange Property. Portions of the Exchange Property formerly owned by Rohr must be remediated before the exchange transaction can proceed. C. The Agency, City_ . Rohr and the Port are parties to that certain Relocation Agreement. dated July 13; 1999, as amended (collectively. "Relocation Agreement"), which. among other things, allocates costs and responsibilities between Rohr and the Port for environmental contamination and remediation of certain properties on the Chula Vista Bayfront, including portions of the Exchange Propert\. D. In 2010. Rohr and the Agency entered into a Cooperative Remediation Agreement under which, among other things. (1) Rohr agreed to prepare, submit to the RWQCB, and implement a Remedial Action Plan for remediation of certain Bayfront properties. including portions of the Exchange Property; and (2) the Agency agreed to provide financial support, in the form of annual payments. to Rohr for the development and implementation of the Remedial Action Plan and other related purposes. The Cooperative Remediation Agreement calls for the next annual payment, in the amount of S250,000, to be paid to Rohr on July 31, 2015 (the ;;2015 CRA Payment"). E. A dispute has arisen bem,een the Port and Rohr concerning their relative financial responsibility for the costs of investigation and remediation activities on Parcel HP-5 (collectively. "Outstanding Remediation Costs'). In the spirit of cooperation and in the interests of alloying the investigation and remediation of HP-5 to move forward expeditiously, and without waiving their respective positions or rights regarding responsibility for the Outstanding Remediation Costs. the Port and Rohr have agreed to a 30130 interim allocation of such costs, up to a total of $1,000.000. and the City has agreed to advance to Rohr the amount of the 2015 CRA Payment to be applied toward Rohr's 50% share of the Outstanding Remediation Costs. Contemporaneously with execution of this Agreement, Rohr 1 2014-10-28 Agenda Packet Page 156 and the Port are entering into an Interim Cost Allocation Agreement concerning the 50150 interim allocation of the Outstanding Remediation Costs between Rohr and the Port. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of and in reliance upon the foregoing and of the mutual promises set forth below, the Parties agree as follows: 1. Cite Advance of 2015 CRA Payment: Repayment. Within thirty (30) days following full execution of this Agreement. the City shall advance to Rohr the amount of the 2015 CRA Payment ("Payment Advance"). The Payment Advance shall be used by Rohr solely to fund its share of the Outstanding Remediation Costs pursuant to the Interim Cost Allocation Agreement. Within thirty (30) days of the payment by the Agency to Rohr of the 2015 CRA Payment, Rohr shall repay the amount of the Payment Advance to the City. 2. Entire Agreement: Waiver: Amendment. This Agreement constitutes the entire agreement among the Parties pertaining to the subject matter of this Agreement. All waivers; modifications or amendments of any of the provisions of this Agreement must be in writing and signed by authorized representatives of the Party or Parties to be bound thereby. The waiver by any Party of any term, covenant, agreement or condition in this Agreement shall be limited to the specific instance and for the specific purpose to which it applies and shall not be deemed a waiver of any other or further breach of or noncompliance with any term, covenant, agreement or condition. 3. Governing law. , This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflicts of laws principles. 4. Severabilitv. If any provision of this Agreement shall be determined to be illegal or unenforceable, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, all other terms and conditions of this Agreement shall remain effective and shall be enforced to the fullest extent permitted by law. 5. Rules of Construction. The parties acknowledge and agree that each of the Parties and their counsel have participated fully in the negotiation and drafting of this Agreement. In cases of uncertainty as to the meaning, intent or interpretation of any provision of this Agreement, the Agreement shall be construed without regard to which of the Parties caused, or may have caused, the uncertainty to exist. 6. Counterparts. This Agreement may be executed in any number of separate counterparts; each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument, and signatures transmitted by pdf/email or fax shall be accepted as original. 7. Warranty of Authorized Signatories. Each of the authorized signatories hereto warrants and represents that he or she is competent and is authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. 2014-10-28 Agenda Packet Page 157 8. Notices. All notices. demands and correspondence required or provided for under this Agreement shall be in writine and delivered in person, sent by certified mail, postage prepaid or sent by a nationally recognized overnight courier that provides documentation of delivery. y Notices to the Agency shall be addressed as follo%vs: Successor Agency to the Redevelopment Agency of the Citv of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Attention: Eric Crockett. Assistant Development Services Director With a copy to: Citv Attorney's Office City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 Attention: Michael J. Shirev, Deputy City Attorney III Notices to the City shall be addressed as follows: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Eric Crockett, Assistant Development Services Director With a copy to: Citv of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 Attention: Michael J. Shirev, Depute City Attorney III Notices to Rohr shall be addressed as follows: Rohr. Inc. 850 Laeoon Drive Chula Vista. CA 91910-2098 Attention: Rick Siordia With a copy to: l Geoffrey Robinson Perkins Coie LP Four Embarcadero. 2400 San Francisco. CA 94111 2014-10-28 Agenda Packet Page 158 And a copy to: Rohr, Inc. 850 Lagoon Drive Chula Vista, CA 91910-2098 Attention: Group Counsel A Party may change its address by giving notice in writing to the other Party in the manner provided above. Thereafter, notices. demands and other correspondence pertinent to this Agreement shall be addressed and transmitted to the new address. Remainder of page intentionally left blank] 4 2014-10-28 Agenda Packet Page 159 IN FITNESS «'HEREOF, this Agreement has been executed by the parties as of the day and year first above written. AgencN: SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA. a redevelopment agency By: Name: Its: City: CITY OF CHULA VISTA. a charter city By: Name: Its: Rohr: ROHR, INC.. a Delaware corporation By: Name: Its: Attest: City Clerk Approved as to form: Citv Attorney/Aeencv Counsel J_\AttomevW ichaelShl BaN-frontlPolancolLiticauonlA_Qree mentslCRA Ad\-mceFundinuA9rmnt-9.19.14-FINAL doc J 2014-10-28 Agenda Packet Page 160 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CRA ADVANCE FUNDING AGREEMENT BETWEEN THE CITY AND ROHR, INC, OPERATING AS GOODRICH AEROSTRUCTURES AND APPROPRIATING $250,000 TO THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET WHEREAS, Rohr is the owner of certain real property located on the Chula Vista Bayfront(Bayfront)upon which Rohr operates an aircraft manufacturing plant; and WHEREAS, The Successor Agency to the Redevelopment Agency of the City of Chula Vista (Agency) and City are committed to the redevelopment of the Bayfront pursuant to the Chula Vista Bayfront Master Plan (CVBMP); and WHEREAS, a key component of the CVBMP is a proposed exchange of land owned by the San Diego Unified Port District (Port) commonly known as Parcels HP-5, H-13, H-14 and H- 15 (the "Exchange Property"), for property owned by Pacifica, a private developer, which intends to redevelop the Exchange Property; and WHEREAS, Portions of the Exchange Property formerly owned by Rohr must be remediated before the exchange transaction can proceed; and WHEREAS, The Agency, City, Rohr and the Port are parties to that certain Relocation Agreement, dated July 13, 1999, as amended by the Amendment to Relocation Agreement, dated November 1, 1999, and the Second Amendment to Relocation Agreement, dated February 2, 2010, and the Third Amendment to Relocation Agreement, dated October 7, 2013 (collectively the "Relocation Agreement"), which, among other things, allocates costs and responsibilities between Rohr and the Port for environmental contamination and remediation of certain properties on the Bayfront, including portions of the Exchange Property; and WHEREAS, On April 20, 2010, Rohr and the Agency entered into a Cooperative Remediation Agreement under which, among other things, (1) Rohr agreed to prepare, submit to the Regional Water Quality Control Board (RWQCB), and implement a Remedial Action Plan for remediation of certain Bayfront properties, including portions of the Exchange Property; and (2) the Agency agreed to provide financial support, in the form of annual payments, to Rohr for the development and implementation of the Remedial Action Plan and other related purposes; and WHEREAS, the Cooperative Remediation Agreement calls for the next annual payment, in the amount of$250,000, to be paid to Rohr on July 31, 2015 (the "2015 CRA Payment"); and C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@BC053FD7\@BCL@BC053FD7.docx 2014-10-28 Agenda Packet Page 161 Resolution No. Page 2 WHEREAS, a dispute has arisen between the Port and Rohr concerning their relative financial responsibility for the costs of investigation and remediation activities on Parcel HP-5 (collectively, "Outstanding Remediation Costs"); and WHEREAS, in the spirit of cooperation and in the interests of allowing the investigation and remediation of HP-5 to move forward expeditiously, the Port and Rohr have agreed to a 50/50 interim allocation of such costs, up to a total of$1,000,000; and WHEREAS, the City has agreed to advance to Rohr the amount of the 2015 CRA Payment to be applied toward Rohr's 50% share of the Outstanding Remediation Costs; and WHEREAS, the City will be repaid by Rohr within thirty days of the payment by the Agency to Rohr of the 2015 CRA payment; and WHEREAS, contemporaneously with execution of this CRA Advance Funding Agreement, Rohr and the Port are entering into an Interim Cost Allocation Agreement concerning the 50150 interim allocation of the Outstanding Remediation Costs between Rohr and the Port. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista and the Board of the Successor Agency to the Redevelopment Agency of the City of Chula Vista, that they hereby approve the CRA Advance Funding Agreement, between the City, Agency and Rohr, Inc., operating as Goodrich Aerostructures, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the Mayor to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby appropriates $250,000 to the Non-Departmental Other Expenses budget to be offset by unanticipated revenues. Presented by Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney 2014-10-28 Agenda Packet Page 162 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0552, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES RECOMMENDED ACTION Council adopt the resolution. SUMMARY Per Government Code Section 53646, the City Treasurer may annually present the City's Investment Policy (Council Policy 220-01) to the City Council to reaffirm or make any changes to the existing policy. A review recently completed by an outside investment advisor recommended some revisions to the Investment Policy that increases the flexibility of the City to be able to take advantage of additional investment opportunities while still maintaining the safety and liquidity of the City's investment portfolio. Staff recommends that the Council approve these revisions. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" in accordance with Section 15378(b)(5) of the State CEQA because it involves only amending of a Council Policy regarding the City's Investment Policy and Guidelines therefore it is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City's Investment Policy and Guidelines (amended most recently on March 11, 2014 by Resolution 2014-039) is intended to provide direction for the prudent investment of temporarily idle cash, and for maximizing the efficiency of the cash management process while meeting the daily cash flow demands of the City. The policy includes a list of specific investment instruments available under the relevant California Government Code sections, 53600 et seq. Each investment transaction is made in the context of first ensuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met. The City hired PFM Asset Management (PFM) as an investment advisor on June 17, 2014. PFM conducted a review of the Investment Policy as part of its engagement with the City. Their review included checking for compliance with the California Government Codes that regulate the investment of public funds. In addition, PFM reviewed the policy to determine if the Investment Policy included City of Chula Vista Page 1 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 163 File#: 14-0552, Item#: 5. best practices recommended by the Association of Public Treasurers of the U.S. and Canada (APT). PFM found that the Investment Policy is comprehensive and is in compliance with all applicable California Government Code statutes regulating the investment of public funds and incorporates the best practice recommendations from the APT. PFM's review did generate some recommendations to update parts of the Investment Policy. The recommendations will increase the flexibility of the City to be able to take advantage of additional investment opportunities while still maintaining the safety and liquidity of the City's investment portfolio. The changes will also enhance the organization and clarity of the Investment Policy. Attachments to this staff report include a "marked up" copy of the Investment Policy with the recommended changes as well as a "final" version of the Investment Policy with the recommended changes incorporated into the document. To follow is a summary of the recommended changes by Investment Policy section and the reason for each change. Recommended Changes by Investment Policy Section Section 2.0 Policy • Removes language in this section that could be redundant or contradict Section 5 Objective. Section 6.0 Delegation of Authority • Edit the section to remove reference to the Associate Accountant and add language "or designee" to reflect a change in staff assignments. • Add that the City may delegate day-to-day investment decision making and execution authority to an investment advisor. This change allows PFM to execute trades allowed by the Investment Policy and within the parameters of written instructions provided by City staff. Section 8.0 Authorized Financial Dealers and Institutions • Update reference for securities industry regulatory agency • Add that the City's investment advisor may utilize its own list of authorized brokers/dealers when conducting transactions for the City. Section 9.0 Authorized & Suitable Investments • Add that compliance is measured at the time of investment purchase consistent with the California Government Code and that credit downgrades on investments in the City's portfolio prompt a review rather than automatically triggering a sale to prevent unnecessary losses. • Revisions to investments generally to update and bring the Investment Policy requirements in line with the California Government Code due to the City's Investment Policy being more restrictive than Code. • The Investment Policy remains more conservative than the California Government Code. Section 13.0 Diversification • Reduce per issuer maximum from 10% to 5% to promote a high level of diversification for risk management. • Update description of how market risk will be mitigated to be more consistent with an active- management investment strategy versus the passive-management investment strategy employed City of Chula Vista Page 2 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 164 File#: 14-0552, Item#: 5. before engaging PFM. Section 14.0 Maximum Maturities • Include California Government Code requirement that City Council decisions to allow for investments with maturities longer than 5 years must precede these investments by three months. Section 15.0 Internal Control • Remove reference to a system of controls for unanticipated market changes. • Update list of City staff permitted to authorize wires. Section 16.0 Performance Standards • Move section on annual Investment Policy review to Section 18.0. • Edit section to be more consistent with active-management investment strategy and total return benchmark. Section 17.0 Reporting • Remove language that the City's portfolio yield will be compared to the five largest Cities in the County. Section 18.0 Investment Policy Review and Adoption • Insert language previously in Section 16.0 regarding the annual Investment Policy review. Moving the language is more appropriate for this Section 18.0 of the Investment Policy. Glossary • Remove definitions for terms not in the Investment Policy as the glossary is a tool for readers of the Investment Policy. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The investment portfolio supports the Operational Excellence goal as it seeks to maintain the safety and liquidity of the City's investment portfolio while enhancing the City's financial condition with investment portfolio earnings. CURRENT YEAR FISCAL IMPACT There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. City of Chula Vista Page 3 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 165 File#: 14-0552, Item#: 5. ATTACHMENTS 1. Investment Policy and Guidelines with Markup 2. Investment Policy and Guidelines without Markups Staff Contact: Phillip Davis, Assistant Director, Finance Department City of Chula Vista Page 4 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 166 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES WHEREAS, the City of Chula Vista's Investment Policy and Guidelines ("Investment Policy"), adopted on March 11, 2014, by Resolution No. 2014-039, is intended to provide direction for the prudent investment of temporarily idle cash and to maximize the efficiency of the cash management process; and WHEREAS, the stated goal of the Investment Policy is to enhance the economic condition of the City while ensuring the safety of funds invested; and WHEREAS, the Investment Policy includes a list of specific investment instruments available pursuant to California Government Code sections 53600, et. seq. and 53635; and WHEREAS, each investment transaction is made in the context of first ensuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met; and WHEREAS, the City hired PFM Asset Management (PFM) as an Investment Advisor to the Finance Department; and WHEREAS, PFM conducted a review of the Investment Policy as part of their engagement; and WHEREAS, PFM's review of the Investment Policy generated recommend changes to the Investment Policy to increase the flexibility of the City to be able to take advantage of additional investment opportunities whole still maintaining the safety and liquidity of the investment portfolio, and WHEREAS, the recommended changes will enhance the organization and clarity of the Investment Policy. NOW BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the City's Investment Policy and Guidelines, as amended in sections 2.0, 5.3, 6.0, 7.0, 8.0, 9.0, 13.0, 14.0, 15.0, 16.0, 18.0 and the Glossary, in substantially the form presented to the City Council, a copy of which shall be kept on file in the Office of the City Clerk. 2014-10-28 Agenda Packet Page 167 Resolution No. Page 2 Presented by Approved as to form by Maria Kachadoorian Glen R. Googins Deputy City Manager/CFO City Attorney 2014-10-28 Agenda Packet Page 168 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 1 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx 1.0 Purpose: This "Investment Policy and Guidelines" (the "Investment Policy") Policy is intended to provide guidelines for the prudent investment of the City of Chula Vista's (the "City") cash balances, and outline policies to assist in maximizing the efficiency of the City's cash management system, while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Chula Vista are based upon state law and prudent money management. The pr-ifnafy oafs ofth°s° the eef4r-el of the PiFeaer-of Fiaaaee/T-Feasttr-er-. To pr-eN,ide suffieief4 liqttidit�,stieh that ftinds a-r-e&N,ailable as needed to meet those immedia+e and/or-fattir-e doh+ —;;4;-d „+ho-p a eff tef4 .,1 for-eapital losses ar-ising from m ,-Lo+eh.,nges issuer-def„1+ 3.0 Scope: This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in 3.1 below. These funds are accounted for in the City's Comprehensive Annual Financial Report. 3.1 Funds: The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee's retirement funds, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of this cash as close as possible to 100%. These funds are described in the City's annual financial report and include: • General Fund IL • Special Revenue Funds 2014-10-28 Agenda Packet Page 169 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 2 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx • Capital Project Funds • Enterprise Funds • Trust and Agency Funds • Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds. 4.0 Prudence: The standard of prudence to be used by the Director of Finance/Treasurer shall be the "prudent investor standard". This shall be applied in the context of managing an overall portfolio. The "prudent investor standard" is applied to local agencies, pursuant to California Government Code Section 53600.3 which provides, in pertinent part: " ... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. ..." 4.1 Personal Responsibility: The Director of Finance/Treasurer, Assistant Director of Finance, Treasury Manager and Associate Accountant as investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 115.0 Objective: 2014-10-28 Agenda Packet Page 170 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 3 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 5.2 Liquidity: The City of Chula Vista's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal. 5.3 Return on Investments: The City of Chula Vista's investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City's Investment Policy's risk parameters and the City's cash flow needs. See also Section 16. 0. 6.0 Delegation of Authority: The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls and written procedures to regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds will be delegated to the ssE).ia ",.,.,tiataat under- the genera' ,a:,-°et.-,, Of the Assistant Director of Finance or their designee. The Director of Finance/Treasurer may delegate day-to-day investment decision making and execution authority to an investment advisor. The advisor shall follow the Investment Policy and such other written instructions as are provided. 111.0 Ethics and Conflicts of Interest: 2014-10-28 Agenda Packet Page 171 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 4 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers, including investment advisors, are required to file annual disclosure statements as required for "public officials who manage public investments" [as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California's Fair Political Practices Commission (FPPC)]. 8.0 Authorized Financial Dealers and Institutions: The City's Director of Finance/Treasurer will maintain a list of the financial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of the financial condition and registrations of qualified bidders and require annual audited financial statements to be on file for each company. The City will utilize Moody's Securities or other such services to determine financially sound institutions with which to do business. The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the City's Director of Finance/Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City's Director of Finance/Treasurer; or may be invested in the investments set forth in Section 9.0. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities, including low- and moderate- income neighborhoods. To provide for the optimum yield in the investment of City funds, the City's investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers. In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a "primary" dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii)the dealer's institution must have an office in California; (iii)the 2014-10-28 Agenda Packet Page 172 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 5 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a "Broker/Dealer Application" and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration, proof of Financial Industry Regulatory Authority (FMRAPTafiaaal ^ do of Securities Dealers certification and a certification of having read and understood the City's Investment Policy and agreeing to comply with the Investment Policy. The City's Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e. minimum capital requirements of$10,000,000 and five years of operation). If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City.- 9.0 Authorized & Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq., to invest in specific types of securities. Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the Director of Finance/Treasurer will perform a timely review and decide whether to sell or hold the investment. Investments not specifically listed below are deemed inappropriate and prohibited: A. BANKERS' ACCEPTANCES. A maximum of X40% of the portfolio may be invested in bankers' acceptances („r�� r ,,,, :' ". The "maximum immaturity is 180 days. Banks must have a shai4 te.... Of at least A!�P! and a long ter-fn r-a ing of A of h eF-a Eligible bankers' acceptances shall have the highest ranking or the highest letter and number rating as provided by a nationally recognized statistical rating organization NRSRO N4,,,,dy's hwesters SeFviee or- Standard or- and n,,or's Car-p. No e than 3091/ of �t,o ageney's meney fna-y be invested in the banker-s' aeeeptanees of any one eammer-eial bank pur-stiant to this seetion. NEGOTIABLE CERTIFICATES OF DEPOSIT. A maximum of 30% of the portfolio may be invested in negotiable certificates of deposit (NCDs). The maximum maturity of a NCD issue 2014-10-28 Agenda Packet Page 173 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 6 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx shall be 5 years. These are issued by commercial banks and thrift institutions against funds deposited for specified periods of time and earn specified or variable rates of interest. Negotiable certificates of deposit (NCD) differ from other certificates of deposit by their liquidity. NCDs are traded actively in secondary markets. NCDs with maturities under one year must be rated at least "A-1," its equivalent, or better by a NRSRO. NCDs with maturities in excess of one year must be rated "A," its equivalent or better by a NRSRO. In compliance with California Code 53601.8, all FDIC insured CDs, whether- dre kneed -erwhen placed through a deposit placement service , will be measured for compliance with NCDs.a Negotiable- Gei4ifieate year-s.2. Th fnatdr-4-v --of any FDIC instir-ed GD's, whether- dir-eetly Maeed 0. shall be 0 2.591/6 issuer- shall be 0 , ild need to be atither-ized by Standard & Poor's with a shadow.-,... pur-ehase. D. Standard& Poor's A A (long ter-fn when appli6able) E M,,ody's n A (long tefm when-applieable)or- F. Fiteh F 1 or- A (l.,,-,g tefm when applicable) G. year--or-less, use snvrc-tefm rrating) 2. There is er-edit r-equir-e eat for-FDIC instir-ed GD's, whether- dir-eetly plaeed a r C. COMMERCIAL PAPER,—_.A maximum of 25% of the portfolio may be invested in commercial paper. The maximum matunLtyteFm is 270 days. Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO.Maady's laveste organized and operating within the United States, with total assets i4fil exiree�sqs Aef'�500 ...illien and Q QD ,shall -deb+�r�eammefGial paper-, that is rated "A" or- €4+e-ha NRSRO. c ,� (i.e. n2/Pl) o of allowable. � o v,, e than 1019/ of the atitst.,,,, inn ee er-e paper- of any single eerpar-ate issue fna-, be r,,-eh The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph 2014-10-28 Agenda Packet Page 174 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 7 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx 1) The entity meets the following criteria: a. Is organized and operating in the United States as a general corporation. b. Has total assets in excess of five hundred million dollars ($500,000,000). c. Has debt other than commercial paper, if any, that is rated "A" or higher, or the equivalent, by a NRSRO. 2) The entity meets the following criteria: a. Is organized within the United States as a special purpose corporation, trust, or limited liability company. b. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. mac.Has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO. D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA. Bonds must have an "A" rating or better from a nationally r-eeagaized .,t4haf4y an r-atingsNRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. E. OBLIGATIONS OF THE UNITED STATES TREASURY. United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. F. FEDERAL AGENCIES. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. instpdments issued by ageneies of the Feder-a! gaver-ament. Thatigh not general obligations of the therefore, have high saf°ec ratings. The following o t4ha-ize Feder-a! latef,ti,edia -e—dit BAnd, (FICB), Feder-a! Land Bank (FLB), Feder-a! Name Loan Bank (FULB), Feder-a! National N4ai4gage Asseeiation (F�A4A), Feder-a! Name Loan N4ai4gage Gaf:paf:afiaa (Fl=�N4G), Feder-a! Far-fn Credit, Authaf4ies (TAIA), Student Loan N4ar-ketiag Asseeiation (SLN4A) and Small Business n,a,,,;„;st-atio,, (SBA). There is no limit on the percentage of the portfolio that can be invested in this category. 2014-10-28 Agenda Packet Page 175 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 8 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx G. REPURCHASE AGREEMENT, maximum term 3 months. Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 3 months. A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City. There is no limit on the percentage of the portfolio that can be invested in this category. H. REVERSE-REPURCHASE AGREEMENTS (Requires Council approval for each transaction). Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met: a) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. b) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20% of the base value of the portfolio. c) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. d) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. e) For purposes of this policy, "significant banking relationship" means any of the following activities of a bank: i. Involvement in the creation, sale, purchase, or retirement of a local agency's 2014-10-28 Agenda Packet Page 176 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 9 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx bonds, warrants, notes, or other evidence of indebtedness. ii. Financing of a local agency's activities. iii. Acceptance of a local agency's securities or funds as deposits. L MEDIUM-TERM CORPORATE NOTES,—_.A maximum of 2830% of the portfolio may be invested in medium-term corporate notes—(3-0�0h a!), with a maximum remaining maturity of five years or less. Notes eligible for investment shall be rated "A�" er its equivalent or better as detef iae by a nationally r-eeagaized rating se °°NRSRO. J. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit). The maximum maturity isof 3 years. Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made at any time in certificates of deposit issued by a state or federal credit union if a member of the City Council or the Chief Financial Officer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit shall not exceed that total shareholder's equity of any depository bank, nor shall the deposit exceed the total net worth of any institution.Depasits must be made with banks ° s Q. 'eafl that have a shai4 tefm rating of AWPI or- a 1 - , 'ing of at least a single A fFafn a gen -I °' *'' , *"� °r .,*:,,°°. There is no limit on the percentage of the portfolio that can be invested in this category_ K. OBLIGATIONS OF THE STATE OF CALIFORNIA. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state, or by a department, board, agency or authority of the state. Obligations must be "A" rated or better€0M nationally r-eeagaized .,,4h,,f4y an .,fingsby a* NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category_ L. OBLIGATIONS OF THE OTHER 49 STATES. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by any of these states, or by a depart ment, board, agency or authority of the state. Obligations must be "A" rated or better by a* NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category, L-M. MONEY MARKET FUNDS,—. A maximum of 4420% of the portfolio may be invested in 2014-10-28 Agenda Packet Page 177 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 10 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx money market funds (Req : -es Gate ei appr-E. a for- eae *rasa ^*i^„` No more than 10% of the City's portfolio gene y s �� may be invested in shares of beneficial interest of any one Money Market fund. Local agencies may invest in "shares of beneficial interest" issued by diversified management companies which invest only in direct obligations in U.S. Treasury bills, notes and bonds, and repurchase agreements collateralized with U.S. Treasuries with a weighted average of 60 days or less. They must have the highest rating from two NRSROsnati0 a tiflg - . I :tst maintain a daily pr-ineipal per- shar-evalue of$1.00 per- share and dist.4-4hbutte. intefes fRE)H 1 , st have a fni .*........ .f$500 millien in assets under- managem or have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. The purchase price of the shares may not include commission. l-N. SAN DIEGO COUNTY TREASURER'S POOLED MONEY FUND. Also known as the San Diego County Investment Pool, the pool is a local government money fund created to invest the assets of the County of San Diego and other public agencies located within the County. The three primary objectives of the County Pool are to safeguard principal; to meet liquidity needs of Pool participants; and to achieve an investment return on the funds within the guidelines of prudent risk management. Investment in the County Pool is highly liquid and the City may invest with no portfolio percentage limit. N-.O. THE LOCAL AGENCY INVESTMENT FUND (LAIF). LAW is a special fund of the California State Treasury through which any local government may pool investments. The City may invest up to $50 million in this fund. Investments in LAW are highly liquid and may be converted to cash within 24 hours. P. The Gil., -St in shares of beaefieial interest i ed by the lavestmeat T-Ftist of Galifer-ai a Weal gavemmeat investmeat peal established by Weal eatiti , GaIT-RUST investments are lifnited to the seetir-ities and obligations at4har-ized for- Weal agefle�7 investmeat pur-stiant to Subdivisions (a) to (a), ineltisive, of California Gaver-afneat Code Seetion 5360 • .,n R. GaIT-RUST shall have retained an investmeat adviser-that� S. is registered or-e�Eefnpt ffam vith the Seetir-ities and&Eehaage Commission; and T-.-41a7s-not less than five years e�Eper-teaee mvesting in the seetif4ies and abligations ati4her-ized49F 2014-10-28 Agenda Packet Page 178 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 11 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx Weal agen it pur-stiant to subdivisions (a) to (a), ineltisive, of Galifemia Gavemme rode-Tc66— 53601; and P. SHARES OF BENEFICIAL INTEREST ISSUED BY A JOINT POWERS AUTHORITY (Local Government Investment Pools [LGIPI). There is no limit on the percentage of the portfolio that can be invested in this category. LGIPs organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: The adviser is registered or exempt from registration with the Securities and Exchange Commission. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o) Government Code Section 53601, inclusive. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). Q. ASSET BACKED SECURITIES (ABS). A maximum of 20% of the portfolio may be invested in ABS. The maximum maturity is five years. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its equivalent or better by an NRSRO. ABS constitutes a mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. 9.1 Investment Pools: The City's Director of Finance/Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAIF is authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 2014-10-28 Agenda Packet Page 179 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 12 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx 10.0 Portfolio Adjustments: Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Director of Finance/Treasurer shall consider reconstructing the portfolio basing his or her decision on the expected length of time the portfolio will be unbalanced. If this occurs, the City Council shall be notified. 11.0 Collateralization: Under provisions of the California Government Code, California banks, and savings and loan associations are required to secure the City's deposits by pledging government securities with a value of 110 % of principal and accrued interest. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the City's total deposits. Collateral will always be held by an independent third party. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $250,000 by the Federal Deposit Insurance Corporation. The right of collateral substitution is granted. 12.0 Safekeeping and Custody: All City investments shall identify the City of Chula Vista as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Chula Vista as the payee. All securities shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate custodial agreement shall be required. All securities shall be acquired by the safekeeping institution on a"Delivery-Vs-Payment" (DVP)basis. For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third-party custodial agreement consistent with the Government Code. The transfer of securities to the counter party bank's customer book entry account may be used for book entry delivery. 2014-10-28 Agenda Packet Page 180 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 13 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx 13.0 Diversification: The City's investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segment, or in individual financial institutions. With the-exoeptiaa of U.S. T-r-eastify-seetir-ities and at4har-ized peals, 0 single finaneial iris tt4i T„ .,dditiE „No more than 485% of the investment portfolio shall be in securities of any one issuer except for U.S. Treasuries,—ate U.S. Government Agency issues, and investment pools such as LAIF, the San Diego County Pool, money market funds, and local government investment pools (LGIPs). A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an "A" or above rating and approved in the Investment Policy and by diversifying the investment portfolio so that the failure of any_one issuer would not unduly harm the City's cash flow. B. Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by implementing a long-term investment stratey r thus eliminating the need to sell seetif4ies r r-to their-v,,.,*,,r4y. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return. The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 14.0 Maximum Maturities: To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless, the legislative body has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council at least three (3) months prior to the investment. 15.0 Internal Control: 2014-10-28 Agenda Packet Page 181 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 14 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, or misrepresentation by third parties, or tiff nt-eipate,a market ehanges. No investment personnel, including an investment advisor, may engage in an investment transaction except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer. The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer. To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the following four4,�,e designated City staff: 1. Director of Finance/Treasurer 2. Assistant Director of Finance 3. Treasury Manager 4 Fisea Opp * & Finance Manager 16.0 Performance Standards: its r-elevanee to etir-r-eat law and finaneial and eeaaafnie trends. All finaneial assets of all ather- funds- The manies eatpdsted to the Dir-eetar- of Fiaaaee/T-r-eastir-er-will be held in a passively managed ("he!d Moat with this ifivestmeat n„4e, 16.1 Market Yield (Benehmar-loiL The investment portfolio shall be managed to attain a market-average rate of return throughout 2014-10-28 Agenda Packet Page 182 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 15 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met. In evaluating the performance of the City's portfolio in complying with this policy, the City shall establish an appropriate performance benchmark and compare the return of its portfolio to the return of the benchmark. Been ise the i °°*m°r* iai4f lia is designed to liquid4y, and yield priorities, the peFfafmanee benehmar4E that will be tised to detefmiae whethef: mar-ket yields are being aehieved shall be the a-ver-age of the fneathly LAW rate and the 12 fnefith r-alling a-ver-age 2 Year- Constant Mattir4y Tr-eastwy (GMT-) rate. While the G4y will not in Fiaaaee/Tr-eastir-er- shall seek to enhanee total pai4falia r-e:Hir-a by fneans of ongoing pai:tfalia and eash management. The prohibition of highly speetilative investments pr-eeltides pur-suit of gain or- pr-afi investments that are !ever-aged or- deemed derivative in aatidr-e. However-, as long as the original investments ean be justified by their- or-dina I . — . )wer-, trading in response to ehanges in fnar4e 17.0 Reporting: The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council and City Manager following the end of each quarter. This report will include the following elements: • Type of investment • Institutional issuer • Purchase date • Date of maturity • Amount of deposit or cost of the investment • Face value of the investment • Current market value of securities and source of valuation • Rate of interest • Interest earnings • Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance • Statement on availability of funds to meet the next six month's obligations • Monthly and year-to-date budget amounts for interest income 2014-10-28 Agenda Packet Page 183 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 16 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx • Percentage of portfolio by investment type • Days to maturity for all investments • Comparative report on monthly investment balances &interest yields • Monthly transactions • Compare portfolio yield to the yield attained by the County of San Diego and the five largest cities in the county for the same period. In addition, a commentary on capital markets and economic conditions may be included with the report. 18.0 Investment Policy Review and Adoption: This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency with the overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Each fiscal year, the Finance Director shall provide a copy of the City's current Investment Policy and Guidelines to the City Council. By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall acknowledge the receipt of the Policy for the respective fiscal year. 2014-10-28 Agenda Packet Page 184 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 17 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. (The price at which a firm will sell a security to an investor.) BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument. BASIS POINT: One one-hundredth of a percent(i.e., 0.01 BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) BROKER: A broker brings buyers and sellers together for a commission. He does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. COUPON� a.) The anatial rate of interest that a bond's i� es to pay the bondholder- an the DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. 2014-10-28 Agenda Packet Page 185 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 18 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx DEUENr UR& n bead seetir-ed only by the general -edit of the; DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. lower- than faee value. A seetif4y selling belaw ar-igi—' F14ee s 1 4er- sale al� DISCOUNT SECURITIE& Nan interest bea.*... mar-ket instmments that are issued at -a dissetiat and r-edeemed at fnatur4f�ue ee U.S Bills). DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL FUNDS RAT& The rate of interest at whieh Feder-a! funds are tfaded. This rate is tly pegged by the Feder-a! Dose, *1,atig1, open .,-limot operations. FEDERAL HOME LOAN BANKS (FHLU)� The institt4ions that regulate and lead to savings and loan asseeiations. The Feder-a! Name Loan Banks play a role analegatis to that played by the Feder-a! FEDERAL HOME LOAN A40RT-GAGE CORPORATION (FHLMC)� Created to pr-afnate the developmeat of a nationwide seeaadaFy fnar4et in fnai4gages. 14 does this by pur-ehasing residential 2014-10-28 Agenda Packet Page 186 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 19 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx FEDERAL LAND BANK (FLU)� Long tefm fna4gage er-edit pr-evided to far-fner-s by Feder-a! Land Banks. These bonds are issued at ir-r-egtilar-tifnes for—var-ious ff.afn a few fneaths to ten years. FEDERAL NATIONAL MORTGAGE T! AGU ASC'OCIATION (TiNMA)• F'RAitA like G��A4A was ehai4er-ed under- the Feder-a! National Mai4gage Asseeiation Aet in 1939. F�A4A is a Feder-a! ear-par-ation war-king under- the atispiees of the Depai4fneat of Housing and Urban Development (IK�D). 14 is the largest single provider- of residential fnai4gage flinds in the United States. Fannie Mae, as the ear-par-ation is ealled, is a private steekholder- owned The ear-par-ation's guar-antees that all seetif4y holders will r-eeeive tifnely pa-yfneat a d inter-est. FEDERAL OPEN MARKET COMMITTEE (FOMC)� Consists of seven fnember-s of the Fed Resef-ve Board and five of the :�welve Feder-a! Resef-ve Bank Presidents. The President of the Ne Yar-k Feder-a! Resefve Bank is a pefmaaeat fnember-, while the other- presidents sef:ve an a r-atatifi basis. The eammit4ee per-iodieally fneets to set Feder-a! Resef:ve guidelines regarding pur-ehases and edit any FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system. banker-s' eemmer-eial banks, savings and loan asseeiatia s and other- tast4t4tans. Seetir4y holder- is- pr-ateeted by fall faith and er-edit of the U.S. Gaver-ament. Ginnie Mae seetir-ities are baeked by th-e LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUNDCOVEnNMENT !NVESTMEN POO- 2014-10-28 Agenda Packet Page 187 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 20 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx (LCIPLAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): An investment pool offered by a state or local agency to public entities for the investment of public funds. MARKET VALUE: The price at which a security is trading and could presumable be purchased or sold. tr-aasae ions. A master- agr-eefneat will aften speeify, afneng other-things, the right of the buyer- leade to liquidate the under4ying seetir-ities in the event of default by the seller- bar-r-awer-. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NRSROs): Credit rating agencies that issue credit ratings that the Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatorypurposes. NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). the open mar-ket by the New Yar-k Feder-a! ReseFve Bank as dir-eeted by the FON4G in order- to system and stimulate gr-avv4h of meney and er-edit� Sales have the opposite eff-eet. Open ma PORTFOLIO: Collection of securities held by an investor. 2014-10-28 Agenda Packet Page 188 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 21 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT PERSON RULEINVESTOR STANDARD: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so-called "legal list". In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. investe with an agr-eefneat to r-eptir-ehase them at a fi�Eed date. The seetir4y"buyer-" in eff-eet leads the eampeasate him for-this. Dealers use RP e�Eteasively to finanee their-position. &Eeeptiaw when th-e Fed is said to be doing RP it is leading,ti, e ,*t,hai s—nier- g Lank -osef-,�es. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. for-loans to students in higher- edueation institt4ions. SLN4A seetir-ities are highly liquid and are widel�7 accepted- guar-antees to small businesses. Cash flaws fFafn these instmments fna-y not be in equal installments- be ofr ats SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. 2014-10-28 Agenda Packet Page 189 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 22 OF 22 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx xx/xx/xx SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See"Uniform Net Capital Rule". TENNESSEE N A T T Ti V AUTHORITIES S (TN A)• A U.S.C Ca-p.futioner-eat .a in the 1930 eleetr-ify the Tennessee Valley area; eur-r-ently a fn�ar- titi4y headquai4er-ed in Ka&eville, Tennessee. T IA seetif4ies are highly liquid and ., widely aeeepted. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 2014-10-28 Agenda Packet Page 190 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 1 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) 1.0 Purpose: This "Investment Policy and Guidelines" (the "Investment Policy") Policy is intended to provide guidelines for the prudent investment of the City of Chula Vista's (the "City") cash balances, and outline policies to assist in maximizing the efficiency of the City's cash management system, while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Chula Vista are based upon state law and prudent money management. 3.0 Scope: This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in 3.1 below. These funds are accounted for in the City's Comprehensive Annual Financial Report. 3.1 Funds: The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee's retirement funds, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of this cash as close as possible to 100%. These funds are described in the City's annual financial report and include: • General Fund • Special Revenue Funds • Capital Project Funds • Enterprise Funds • Trust and Agency Funds • Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds. 2014-10-28 Agenda Packet Page 191 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 2 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) 4.0 Prudence: The standard of prudence to be used by the Director of Finance/Treasurer shall be the "prudent investor standard". This shall be applied in the context of managing an overall portfolio. The "prudent investor standard" is applied to local agencies, pursuant to California Government Code Section 53600.3 which provides, in pertinent part: " ... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. ..." 4.1 Personal Responsibility: The Director of Finance/Treasurer, Assistant Director of Finance, Treasury Manager and Associate Accountant as investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 5.0 Obiective: Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of 2014-10-28 Agenda Packet Page 192 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 3 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 5.2 Liquidity: The City of Chula Vista's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal. 5.3 Return on Investments: The City of Chula Vista's investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City's Investment Policy's risk parameters and the City's cash flow needs. See also Section 16.0. 6.0 Delegation of Authority: The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls and written procedures to regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds will be delegated to the Assistant Director of Finance or their designee. The Director of Finance/Treasurer may delegate day-to-day investment decision making and execution authority to an investment advisor. The advisor shall follow the Investment Policy and such other written instructions as are provided. 7.0 Ethics and Conflicts of Interest: In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers, including investment advisors, are required to file annual disclosure statements as required for "public officials who manage public investments" [as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California's Fair Political Practices Commission (FPPC)]. 2014-10-28 Agenda Packet Page 193 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 4 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) 8.0 Authorized Financial Dealers and Institutions: The City's Director of Finance/Treasurer will maintain a list of the financial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of the financial condition and registrations of qualified bidders and require annual audited financial statements to be on file for each company. The City will utilize Moody's Securities or other such services to determine financially sound institutions with which to do business. The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the City's Director of Finance/Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City's Director of Finance/Treasurer; or may be invested in the investments set forth in Section 9.0. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities, including low- and moderate- income neighborhoods. To provide for the optimum yield in the investment of City funds, the City's investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers. In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a "primary" dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii)the dealer's institution must have an office in California; (iii)the dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a "Broker/Dealer Application" and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration, proof of Financial Industry Regulatory Authority (FINRA) certification and a certification of having read and understood the City's Investment Policy and agreeing to comply with the Investment Policy. The City's Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e. minimum capital 2014-10-28 Agenda Packet Page 194 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 5 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) requirements of$10,000,000 and five years of operation). If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. 9.0 Authorized & Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq., to invest in specific types of securities. Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the Director of Finance/Treasurer will perform a timely review and decide whether to sell or hold the investment. Investments not specifically listed below are deemed inappropriate and prohibited: A. BANKERS' ACCEPTANCES. A maximum of 40% of the portfolio may be invested in bankers' acceptances. The maximum maturity is 180 days. Eligible bankers' acceptances shall have the highest ranking or the highest letter and number rating as provided by a nationally recognized statistical rating organization (NRSRO). B. NEGOTIABLE CERTIFICATES OF DEPOSIT. A maximum of 30% of the portfolio may be invested in negotiable certificates of deposit (NCDs). The maximum maturity of a NCD issue shall be 5 years. These are issued by commercial banks and thrift institutions against funds deposited for specified periods of time and earn specified or variable rates of interest. Negotiable certificates of deposit (NCD) differ from other certificates of deposit by their liquidity. NCDs are traded actively in secondary markets. NCDs with maturities under one year must be rated at least "A-1," its equivalent, or better by a NRSRO. NCDs with maturities in excess of one year must be rated "A," its equivalent or better by a NRSRO. In compliance with California Code 53601.8, all FDIC insured CDs, when placed through a deposit placement service, will be measured for compliance with NCDs. C. COMMERCIAL PAPER. A maximum of 25% of the portfolio may be invested in commercial paper. The maximum maturity is 270 days. Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph(1) or paragraph (2): 2014-10-28 Agenda Packet Page 195 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 6 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) 1) The entity meets the following criteria: a. Is organized and operating in the United States as a general corporation. b. Has total assets in excess of five hundred million dollars ($500,000,000). c. Has debt other than commercial paper, if any, that is rated "A" or higher, or the equivalent, by a NRSRO. 2) The entity meets the following criteria: a. Is organized within the United States as a special purpose corporation, trust, or limited liability company. b. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. c. Has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO. D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA. Bonds must have an "A" rating or better from a NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. E. OBLIGATIONS OF THE UNITED STATES TREASURY. United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. F. FEDERAL AGENCIES. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There is no limit on the percentage of the portfolio that can be invested in this category. G. REPURCHASE AGREEMENT, maximum term 3 months. Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 3 months. A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City. There is no limit on the percentage of the portfolio that can be invested in this category. H. REVERSE-REPURCHASE AGREEMENTS (Requires Council approval for each transaction). Reverse repurchase agreements or securities lending agreements may be utilized only when all of 2014-10-28 Agenda Packet Page 196 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 7 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) the following conditions are met: a) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. b) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20% of the base value of the portfolio. c) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. d) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. e) For purposes of this policy, "significant banking relationship" means any of the following activities of a bank: i. Involvement in the creation, sale, purchase, or retirement of a local agency's bonds, warrants, notes, or other evidence of indebtedness. ii. Financing of a local agency's activities. iii. Acceptance of a local agency's securities or funds as deposits. L MEDIUM-TERM CORPORATE NOTES. A maximum of 30% of the portfolio may be invested in medium-term corporate notes, with a maximum remaining maturity of five years or less. Notes eligible for investment shall be rated"A," its equivalent or better by a NRSRO. 2014-10-28 Agenda Packet Page 197 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 8 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) J. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit). The maximum maturity is 3 years. Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made at any time in certificates of deposit issued by a state or federal credit union if a member of the City Council or the Chief Financial Officer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit shall not exceed that total shareholder's equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. There is no limit on the percentage of the portfolio that can be invested in this category. K. OBLIGATIONS OF THE STATE OF CALIFORNIA. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state, or by a department, board, agency or authority of the state. Obligations must be "A" rated or better by a NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. L. OBLIGATIONS OF THE OTHER 49 STATES. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by any of these states, or by a department, board, agency or authority of the state. Obligations must be "A" rated or better by a NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. M. MONEY MARKET FUNDS. A maximum of 20% of the portfolio may be invested in money market funds. No more than 10% of the City's portfolio may be invested in shares of beneficial interest of any one Money Market fund. Local agencies may invest in "shares of beneficial interest" issued by diversified management companies which invest only in direct obligations in U.S. Treasury bills, notes and bonds, and repurchase agreements collateralized with U.S. Treasuries with a weighted average of 60 days or less. They must have the highest rating from two NRSROs or have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of$500,000,000. The purchase price of the shares may not include commission. N. SAN DIEGO COUNTY TREASURER'S POOLED MONEY FUND. Also known as the San IL Diego County Investment Pool, the pool is a local government money fund created to invest the 2014-10-28 Agenda Packet Page 198 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 9 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) assets of the County of San Diego and other public agencies located within the County. The three primary objectives of the County Pool are to safeguard principal; to meet liquidity needs of Pool participants; and to achieve an investment return on the funds within the guidelines of prudent risk management. Investment in the County Pool is highly liquid and the City may invest with no portfolio percentage limit. O. THE LOCAL AGENCY INVESTMENT FUND (LAIF). LAIF is a special fund of the California State Treasury through which any local government may pool investments. The City may invest up to $50 million in this fund. Investments in LAIF are highly liquid and may be converted to cash within 24 hours. P. SHARES OF BENEFICIAL INTEREST ISSUED BY A JOINT POWERS AUTHORITY (Local Government Investment Pools [LGIP]). There is no limit on the percentage of the portfolio that can be invested in this category. LGIPs organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: The adviser is registered or exempt from registration with the Securities and Exchange Commission. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o) Government Code Section 53601, inclusive. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). Q. ASSET BACKED SECURITIES (ABS). A maximum of 20% of the portfolio may be invested in ABS. The maximum maturity is five years. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its equivalent or better by an NRSRO. ABS constitutes a mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. 9.1 Investment Pools: 2014-10-28 Agenda Packet Page 199 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 10 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) The City's Director of Finance/Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAIF is authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 10.0 Portfolio Adjustments: Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Director of Finance/Treasurer shall consider reconstructing the portfolio basing his or her decision on the expected length of time the portfolio will be unbalanced. If this occurs, the City Council shall be notified. 11.0 Collateralization: Under provisions of the California Government Code, California banks, and savings and loan associations are required to secure the City's deposits by pledging government securities with a value of 110 % of principal and accrued interest. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the City's total deposits. Collateral will always be held by an independent third party. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $250,000 by the Federal Deposit Insurance Corporation. The right of collateral substitution is granted. 12.0 Safekeeping and Custody: All City investments shall identify the City of Chula Vista as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Chula Vista as the payee. All securities 2014-10-28 Agenda Packet Page 200 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 11 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate custodial agreement shall be required. All securities shall be acquired by the safekeeping institution on a"Delivery-Vs-Payment" (DVP)basis. For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third-party custodial agreement consistent with the Government Code. The transfer of securities to the counter party bank's customer book entry account may be used for book entry delivery. 13.0 Diversification: The City's investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segment, or in individual financial institutions. No more than 5% of the investment portfolio shall be in securities of any one issuer except for U.S. Treasuries, U.S. Government Agency issues, and investment pools such as LAIF, the San Diego County Pool, money market funds, and local government investment pools (LGIPs). A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an "A" or above rating and approved in the Investment Policy and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. B. Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by implementing a long-term investment strategy. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return. The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 14.0 Maximum Maturities: To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless, the legislative body has granted express authority to make that investment either specifically, or as a part of an investment program 2014-10-28 Agenda Packet Page 201 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 12 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) approved by the City Council at least three (3) months prior to the investment. 15.0 Internal Control: The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, or misrepresentation by third parties. No investment personnel, including an investment advisor, may engage in an investment transaction except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer. The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer. To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the following four designated City staff: 1. Director of Finance/Treasurer 2. Assistant Director of Finance 3. Treasury Manager 4. Finance Manager 16.0 Performance Standards: The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met. In evaluating the performance of the City's portfolio in complying with this policy, the City shall establish an appropriate performance benchmark and compare the return of its portfolio to the return of the benchmark. 17.0 Reporting: The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council and 2014-10-28 Agenda Packet Page 202 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 13 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) City Manager following the end of each quarter. This report will include the following elements: • Type of investment • Institutional issuer • Purchase date • Date of maturity • Amount of deposit or cost of the investment • Face value of the investment • Current market value of securities and source of valuation • Rate of interest • Interest earnings • Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance • Statement on availability of funds to meet the next six month's obligations • Monthly and year-to-date budget amounts for interest income • Percentage of portfolio by investment type • Days to maturity for all investments • Comparative report on monthly investment balances &interest yields • Monthly transactions • Compare portfolio yield to the yield attained by the County of San Diego and the five largest cities in the county for the same period. In addition, a commentary on capital markets and economic conditions may be included with the report. 18.0 Investment Policy Review and Adoption: This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency with the overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Each fiscal year, the Finance Director shall provide a copy of the City's current Investment Policy and Guidelines to the City Council. By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall acknowledge the receipt of the Policy for the respective fiscal year. 2014-10-28 Agenda Packet Page 203 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 14 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. (The price at which a firm will sell a security to an investor.) BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument. BASIS POINT: One one-hundredth of a percent(i.e., 0.01 BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) BROKER: A broker brings buyers and sellers together for a commission. He does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an 2014-10-28 Agenda Packet Page 204 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 15 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) exchange of a signed receipt for the securities. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): An investment pool offered by a state or local agency to public entities for the investment of public funds. MARKET VALUE: The price at which a security is trading and could presumable be purchased or sold. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NRSROs): Credit rating agencies that issue credit ratings that the Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes. 2014-10-28 Agenda Packet Page 205 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 16 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT INVESTOR STANDARD: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so-called "legal list". In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See"Uniform Net Capital Rule". TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. 2014-10-28 Agenda Packet Page 206 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND POLICY EFFECTIVE GUIDELINES NUMBER DATE PAGE 220-01 03/11/14 17 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-xxxx (xx/xx/xx) TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 2014-10-28 Agenda Packet Page 207 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0572, Item#: 6. FISCAL YEAR 2013/14 ANNUAL FINANCIAL STATUS REPORT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CATEGORIZATION OF $3.6 MILLION IN THE ECONOMIC CONTINGENCY RESERVE AS A COMMITTED FUND BALANCE FOR FISCAL YEAR 2013/14, IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND COUNCIL POLICY 159-04 RECOMMENDED ACTION Council accept the report and adopt the resolution. SUMMARY This report is provided in order to meet the City Charter requirement of publishing the City's Combined Statement of Revenues, Expenditures and Changes in Fund Equity (Schedule D) in the local newspaper within 120 days of the close of the fiscal year. The statement was published in the October 24th issue of The Star News, which is the City's adjudicated newspaper of general circulation. The Economic Contingency Reserve is classified as a "Committed Fund Balance" for financial statement reporting purposes. The City Council must pass a formal resolution to reserve a portion of fund balance as "Committed Fund Balance" in an amount equal to the Economic Contingency Reserve balance of $3.6 million; and to be in compliance with Governmental Accounting Standards Board Statement 54 and Council Policy 159-04. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" in accordance with Section 15378(b)(4) of the State CEQA because it involves only acceptance of the fiscal year 2013/14 annual financial status report and a commitment of fund balance, therefore it is governmental fiscal activity which does not involve any commitment to any specific project that will not result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Annual Financial Status Report This report is provided in order to meet the City Charter requirement of publishing the City's City of Chula Vista Page 1 of 3 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 208 File#: 14-0572, Item#: 6. Combined Statement of Revenues, Expenditures and Changes in Fund Equity (Schedule D) in the local newspaper within 120 days of the close of the fiscal year. The statement was published in the October 24 th issue of The Star News , which is the City's adjudicated newspaper of general circulation. We will provide the Council with a complete report of fiscal year 2013/14 financial data upon presentation of the City's audited Comprehensive Annual Financial Report. For the General Fund, actual Expenditures and Transfers-Out for the year amounted to $138.4 million, supported by Actual Revenues and Transfers-In of $141.9 million. The actual revenue and expenditures are subject to audit adjustments. The audited figures and the actual change in General Fund reserves will be presented when the audit is completed. Schedules A and B are summary statements of actual revenues and expenditures for fiscal year 2013/14. Schedule C provides a complete listing of all budget amendments approved for the 2013/14 fiscal year. Schedule D is an unaudited Summary Report of Revenue, Expenditures, and Changes in Fund Equity (excluding Trust Funds and the Public Financing Authority) for the fiscal year ended June 30, 2014. Please note that the column titled "General Funds" includes not only the General Fund, but the Fire Equipment Lease fund and the Telecommunications Utility Tax fund (TUT Settlement money) and Public Liability Trust fund, which are combined with the General Fund for financial reporting purposes. A full analysis of the City's various funds will be provided in the Management's Discussion and Analysis section of the Comprehensive Annual Financial Report. As required by Charter Section 504(f), this statement will be published in the local newspaper as discussed above. The detailed data supporting this information is quite voluminous, but is available at your request. The published Comprehensive Annual Financial Report (CAFR) including the opinion of the independent auditors should also be available within the next 60 days and will be provided to City Council. Schedule E provides a complete listing of all budget adjustments between summary accounts approved by the City Manager in accordance with Council Policy 220-02 "Financial Reporting and Transfer Authority" during fiscal year 2013/14. Economic Contingency Reserve The Economic Contingency Reserve (ECR) or "rainy day fund" provides the General Fund with the financial resiliency to weather economic downturns. The ECR represents funds set aside to assist in stabilizing fluctuations in the City's discretionary revenue streams. Several of the City's major revenue sources, such as Sales Tax, Property Tax, Motor Vehicle License Fees and Transient Occupancy Tax are sensitive to the economic climate of the region. As seen by the Great Recession, the volatility of these revenue streams had a significant impact on the City's ability to maintain service levels for essential City services. The ECR will assist in minimizing impacts to service levels during a significant downturn in the economy by backfilling significant revenue shortfalls in the General Fund. City Council Policy 220-03 recommends an ECR minimum level of 5% of the General Fund operating budget. Committing $3.6 million will bring the ECR to 2.7% of fiscal year 2014/15 General Fund City of Chula Vista Page 2 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 209 File#: 14-0572, Item#: 6. operating budget and will provide progress towards meeting the 5% goal. The funding of the Economic Contingency Reserve is considered a commitment of fund balance and therefore requires City Council action to approve the designation in accordance with GASB 54 and Council Policy 159-04. The approval of the resolution will enable the classification of the ECR balance of$3.6 million to Committed Fund Balance for the City's fiscal year 2013-14 audited financial statements. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The filing of the Annual Financial Status Report and Publishing of the Financial Statement in The Star News supports the goal of operational excellence by meeting the requirements of the City Charter. The commitment of $3.6 million to the Economic Contingency Reserve supports the goal of Economic Vitality because this reserve will be used to assist the City in maintaining service levels during severe economic downturn. CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from accepting the Annual Financial Status Report. The funding for the increase in the Economic Contingency Reserve is due to unanticipated revenues received in fiscal year 2013/14. ONGOING FISCAL IMPACT During future economic downturns, the Economic Contingency Reserve would be used to mitigate significant revenue shortfalls that may impact City-provided service levels to the public. ATTACHMENTS 1 . Schedule A - General Fund Revenues by Department 2. Schedule B - General Fund Expenditures by Department 3. Schedule C - General Fund Budget Amendments 4. Schedule D - Combined Statement of Revenues, Expenditures and Changes in Fund Equity 5. Schedule E - General Fund Budget Transfers 6. City Council Policy 159-04"Fund Balance Policy for Governmental Funds" Staff Contact: Phillip Davis, Assistant Director, Finance Department City of Chula Vista Page 3 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 210 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CATEGORIZATION OF $3.6 MILLION IN THE ECONOMIC CONTINGENCY RESERVE AS A COMMITTED FUND BALANCE FOR FISCAL YEAR 2013/14, IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND COUNCIL POLICY 159-04 WHEREAS, in February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions; and WHEREAS this new standard does not change the total amount of a given fund balance, but it substantially altered the categories and terminology used to describe the components that make up a fund balance; and WHEREAS, the Economic Contingency Reserve (ECR) or "rainy day fund" provides the General Fund with the financial resiliency to weather economic downturns, and WHEREAS, the ECR represents funds set aside to assist in stabilizing fluctuations in the City's discretionary revenue streams, and WHEREAS, several of the City's major revenue sources, such as Sales Tax, Property Tax, Motor Vehicle License Fees and Transient Occupancy Tax are sensitive to the economic climate of the region, and WHEREAS, evidenced by the Great Recession, the volatility of these revenue streams had a significant impact on the City's ability to maintain service levels for essential City services, and WHEREAS, the ECR will assist in minimizing impacts to service levels during a significant downturn in the economy by backfilling significant revenue shortfalls in the General Fund, and WHEREAS, City Council Policy 220-03 recommends an ECR minimum level of 5% of the General Fund operating budget, and. WHEREAS, committing $3.6 million will bring the ECR to 2.7% of fiscal year 2014/15 General Fund operating budget and will provide progress towards meeting the 5% goal, and WHEREAS, the reserve will be funded from Fiscal Year 2013/14 budgetary savings; and 2014-10-28 Agenda Packet Page 211 Resolution No. 2014- Page 2 WHEREAS, the funding of the Economic Contingency reserve is considered a commitment of fund balance and therefore requires City Council action to approve the designation in accordance with GASB 54 and be in compliance with Council Policy 159- 04, and WHEREAS, the approval of the resolution will enable the classification of $3.6 million to Committed Fund Balance in the City's Fiscal Year 2013/14 audited financial statements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the categorization of $3.6 million in the Economic Contingency Reserve as a Committed Fund balance for Fiscal Year 2013/14, in accordance with Governmental Accounting Standards Board Statement No. 54 and Council Policy 159-04. Presented by Approved as to form by Maria Kachadoorian Glen R. Goggins Deputy City Manager/CFO City Attorney 2014-10-28 Agenda Packet Page 212 SCHEDULE A GENERALFUND Revenue Status By Department as of June 30, 2014 Percentage Amended Realized Year Department Budget Actual To Date to Date Legislative and Administrative City Council $ - $ 4,254 0.0% Boards and Commissions - - 0.0% City Clerk 22,225 29,552 133.0% City Attorney 163,877 142,037 86.7% Administration 205,710 188,209 91.5% Information Technology Services 45,900 43,383 94.5% Human Resources 247,031 230,240 93.2% Finance 1,214,157 893,379 73.6% Total Legislative and Administrative $ 1,898,900 $ 1,531,054 80.6% Non-Departmental $ 109,550,528 $ 111,444,274 101.7% Development and Maintenance Services Animal Care Facility 1,302,985 1,386,039 106.4% Planning and Building Services 1,592,287 1,816,999 114.1% Public Works 14,449,214 14,490,216 100.3% Total Development and Maintenance Services $ 17,344,486 $ 17,693,254 102.0% Public Safety Police 7,565,079 6,537,906 86.4% Fire 2,764,515 2,768,451 100.1% Total Public Safety $ 10,329,594 $ 9,306,357 90.1% Culture and Leisure Recreation 2,160,054 2,076,468 96.1% Library 407,619 307,531 75.4% Total Culture and Leisure $ 2,567,673 $ 2,383,999 92.8% Total General Fund $ 141,691,181 $ 142,358,938 100.5% 2014-10-28 Agenda Packet Page 213 SCHEDULE B GENERALFUND Expenditure Status By Department as of June 30, 2014 Percentage Amended Realized Year Department Budget Actual To Date to Date Legislative and Administrative City Council $ 1,244,068 $ 1,135,281 91.3% Boards and Commissions 10,076 5,443 54.0% City Clerk 921,648 793,813 86.1% City Attorney 2,543,533 2,501,610 98.4% Administration 2,705,538 2,525,877 93.4% Information Technology Services 2,964,734 2,778,310 93.7% Human Resources 2,105,911 2,089,132 99.2% Finance 3,630,781 3,491,735 96.2% Total Legislative and Administrative $ 16,126,289 $ 15,321,201 95.0% Non-Departmental $ 19,073,429 $ 17,691,647 92.8% Development and Maintenance Services Animal Care Facility 2,625,126 2,551,985 97.2% Planning and Building Services 2,368,617 2,269,389 95.8% Public Works 25,234,778 24,925,943 98.8% Total Development and Maintenance Services $ 30,228,521 $ 29,747,317 98.4% Public Safety Police 45,284,276 44,283,203 97.8% Fire 24,669,371 24,404,764 98.9% Total Public Safety $ 69,953,647 $ 68,687,967 98.2% Culture and Leisure Recreation 3,938,909 3,588,693 91.1% Library 3,414,106 3,336,376 97.7% Total Culture and Leisure $ 7,353,015 $ 6,925,069 94.2% Total General Fund $ 142,734,901 $ 138,373,201 96.9% Notes: 1. Amended Budget column includes$4.1 million in carryovers for encumbrances($2.0 M)and CIP projects($2.1 M) 2. The Actual-to-Date Column does not reflect carryovers form FY 2013-14 to FY 2014-15 for CIP Projects and other encumbrances. 2014-10-28 Agenda Packet Page 214 SCHEDULE C General Fund Budget Amendments Per Council Resolutions as of June 30,2014 Net Resolution Budget Amendments Revenue Expenditure Impact 2013-152 Clayton and Ashley Richard Donation for Books and Materials $ 1,500 $ 1,500 $ - 2013-169 San Diego Law Enforcement Coordintion Center Admin Fee 5,005 - 5,005 2013-173 Acceptance of Port of SD funding for Harborfest 2013 50,000 50,000 - 2013-184 CVEA/WCE MOU - 504,998 (504,998) 2013-184 CVEA/WCE MOU - (553,629) 553,629 2013-184 CVEA/WCE MOU - 48,631 (48,631) 2013-207 Target Grant for Literacy Program 2,000 2,000 - 2013-209 Reclass of Fiscal Agent Public Safety Analyst to Senior FAPSA 850 - 850 2013-212 Lease Agreement for 610 Bay Blvd-Utility Costs 8,000 8,000 - 2013-220 1st Quarter Financial Report Budget Cleanup 495,541 495,541 - 2013-228 Address Critical Maintenance Needs 523,000 523,000 - 2013-235 ALS Paramedic Training Costs - 127,637 (127,637) 2013-239 SAFE Funds Street Sign Reflectivity Measure - 55,000 (55,000) 2013-246 Business Cluster Analysis 128,000 128,000 - 2013-253 TBWB Strategy for Polling and Outreach 106,800 106,800 - 2013-261 Adding Equipment Mechanic and Inventory Specialist - 58,136 (58,136) 2014-020 Accepting Donations and Grant Funds 22,181 22,181 - 2014-033 Telephone Users Tax Settlement 8,017,453 8,017,453 - 2014-034 Law Office Manager 38,750 38,750 - 2014-040 2nd Quarter Financial Report Budget Cleanup 710,893 602,100 108,793 2014-061 Rohr Park Cnty Lease 30,000 30,000 - 2014-078 3rd Quarter Financial Report Budget Cleanup 3,455,197 482,596 2,972,601 2014-083 McFarlane Promotional Expense for Harborfest 2014 7,500 7,500 - 2014-085 Donation for Critical Hours Programming and Equipment 4,110 4,110 - 2014-175 FY14 Year-End Budget Adjustments 333,269 95,920 237,349 Total General Fund Budget Amendments $ 13,940,049 $ 10,856,224 $3,083,825 2014-10-28 Agenda Packet Page 215 SCHEDULE D City of Chula Vista Combined Summary Statement of Revenues, Expenditures and Changes in Fund Equity Year Ended June 30, 2014-Unaudited Total General Special Debt Service Capital Enterprise Internal All Funds Funds Revenue Funds Funds Project Funds Funds Service Funds Total Fund Equity June 30,2013 $335,727,940 $27,969,175 $ 28,085,853 $(36,967,087) $84,274,253 $228,069,473 $ 4,296,273 Revenues 2013-2014 Taxes 106,719,138 105,611,891 898,172 209,075 Intergovernmental Revenues 32,589,159 2,610,892 24,575,363 - 1,594,834 3,808,070 Licenses&Permits 1,355,342 1,315,445 39,897 Developer Fees 9,515,921 - 9,515,921 Charges for Current Services 67,021,330 9,231,014 11,115,193 40,993,628 5,681,495 Fines, Forfeitures&Penalties 1,665,712 1,009,736 655,976 Use of Money&Property 5,587,993 2,522,915 699,081 1,054 846,279 1,505,051 13,613 Other Revenues 18,178,476 11,580,544 3,747,482 - 465,391 2,307,304 77,755 Total Revenues 242,633,071 133,882,437 41,731,164 1,054 12,631,500 48,614,053 5,772,863 Transfers In 16,499,898 11,418,502 105,812 2,741,034 420,751 1,213,799 600,000 Total Revenues and Transfers In 259,132,969 145,300,939 41,836,976 2,742,088 13,052,251 49,827,852 6,372,863 Expenditures 2013-2014: General Government 31,882,793 20,586,179 3,984,514 - 342,140 6,969,960 Public Safety 76,453,698 68,776,425 7,677,273 - Public Works 77,398,463 27,092,607 13,630,231 172,098 36,503,527 Parks and Recreation 3,590,443 3,588,695 500 1,248 Library 3,810,006 3,336,381 473,625 - Public Transit 6,873,776 6,873,776 Capital Outlay 15,347,340 849,234 8,972,912 5,525,194 Debt Service: Principal 1,395,855 - 1,395,855 - Interest and Fiscal Charges 1,403,015 - 1,340,088 - 62,927 Total Expenditures 218,155,389 124,229,521 34,739,055 2,735,943 6,040,680 43,440,230 6,969,960 Transfers Out 33,674,836 16,081,683 5,983,794 36,851 6,784,004 4,764,803 23,701 Total Expenditures and Transfers Out 251,830,225 140,311,204 40,722,849 2,772,794 12,824,684 48,205,033 6,993,661 Contributed Capital 130,169,955 129,108,732 1,061,223 Retained Earnings-Unreserved 100,057,638 97,443,385 2,614,252 Fund Balances: Nonspendable 31,562,724 7,424,812 3,662,575 20,475,338 Restricted 90,117,533 695,951 25,395,100 64,026,482 Committed 5,727,712 5,314,648 138,022 275,042 Assigned 4,887,245 4,887,245 - - Unassigned (22,211,804) 14,636,255 4,282 (36,852,341) Total Fund Equity June 30,2014 $340,311,004 $32,958,911 $ 29,199,979 $(36,577,299) $ 84,501,820 $226,552,117 $ 3,675,475 The Finance Department of the City of Chula Vista has compiled the above Statement of Revenues, Expenditures and Changes in Fund Equity for the year ended June 30,2014. Such amounts are subject to adjustment through the annual audit process which is being performed by an independent public accounting firm. This report excludes Trust Funds,the Redevelopment Agency,and the Public/Municipal Financing Authority. Maria Kachadoorian, Deputy City Manager/Chief Financial Officer 2014-10-28 Agenda Packet Page 216 SCHEDULE E General Fund Budget Transfers Approved by Administration as of June 30,2014 Description Department Amount From/To Transfer for Refund of Overpayment Human Resources $ 34 Supplies&Services to Other Expenses Transfer to Purchase Folding Machine Finance 2,875 Supplies&Services to Capital Transfer to Reallocate Budget City Council 720 Supplies&Services to Personnel Services Aquatics Security Alarm Repairs Recreation 2,700 Personnel Services to Supplies&Services Transfer for Intern Reimbursement City Council 2,260 Personnel Services to Supplies&Services Transfer for Small Dog Ortho Surgery Set Animal Care Facility 15,000 Supplies&Services to Capital Transfer for Refund Human Resources 50 Supplies&Services to Other Expenses Transfer for Capital Lease/Copiers Administration 3,416 Supplies&Services to Capital Transfer for Capital Lease/Copiers Animal Care Facility 2,296 Supplies&Services to Capital Transfer for Capital Lease/Copiers City Attorney 3,348 Supplies&Services to Capital Transfer for Capital Lease/Copiers City Council 3,190 Supplies&Services to Capital Transfer for Capital Lease/Copiers Finance 10,999 Supplies&Services to Capital Transfer for Capital Lease/Copiers Public Works 5,171 Supplies&Services to Capital Transfer for Capital Lease/Copiers Recreation 2,523 Supplies&Services to Capital Transfer for Capital Lease/Copiers Human Resources 8,920 Supplies&Services to Capital Transfer to Pay State Mobilehome Park Fee Planning 35 Supplies&Services to Other Expenses Transfer for Computer Purchase for Accela Planning 8,000 Personnel Services to Supplies&Services Transfer for Credit Card Transaction Fees Animal Care Facility 2,000 Supplies&Services to Other Expenses Transfer for Credit Card Transaction Fees Non-Departmental 8,656 Personnel Services to Other Expenses Transfer Salary Savings for Advertising Administration 5,000 Personnel Services to Supplies&Services Transfer for Capital Lease/Copiers Public Works 9,548 Supplies&Services to Capital Transfer for Capital Lease/Copiers City Clerk 8,950 Supplies&Services to Capital Transfer for Refund of Overpayment Human Resources 150 Supplies&Services to Other Expenses Transfer for Grind Box for Street Asphalt Public Works 13,200 Supplies&Services to Capital Transfer to Purchase Furniture City Attorney 3,508 Personnel Services to Supplies&Services Transfer for Damage to City Property Adjustmt Public Works 5,000 Supplies&Services to Other Expenses Transfer for Add Cost Corp Yard Foundation Public Works 8,000 Personnel Services to Supplies&Services Transfer to Utilities for 610 Bay Blvd Lease Non-Departmental 7,600 Supplies&Services to Utilities Transfer Salary Savings to Cover S&S Deficit Animal Care Facility 15,000 Personnel Services to Supplies&Services Transfer for Capital Lease/Copiers Fire 2,628 Supplies&Services to Capital Transfer for Street Striping Equipment Public Works 15,000 Supplies&Services to Capital Transfer to Purchase Laptops Finance 1,450 Personnel Services to Supplies&Services Transfers for CRRARE Study Recreation 15,000 Personnel Services to Supplies&Services Transfer Salary Savings to S&S Category Human Resources 10,000 Personnel Services to Supplies&Services Transfer Salary Savings to For Copier Human Resources 500 Personnel Services to Capital Transfer for GFOA Confonference Training Finance 3,200 Personnel Services to Supplies&Services Transfer for Phone Services City Clerk 250 Supplies&Services to Utilities Transfer for Out of County Training City Council 15,000 Personnel Services to Supplies&Services Transfer for County SD Hazmat Membership Fire 15,000 Personnel Services to Supplies&Services Transfer for Copier Maintenance Administration 200 Personnel Services to Capital Transfer for Utilities Expense Police 15,000 Personnel Services to Utilities Transfer for New Hire Physicals Human Resources 10,000 Personnel Services to Supplies&Services Transfer for Phone Service Charges Planning 500 Personnel Services to Utilities Transfer to Adjust CC Seat 2 Budget City Council 1,250 Supplies&Services to Personnel Services Transfer to Pay Taxes on Vehicle Purchase Library 3,057 Utilities to Capital Transfer to Pay Taxes on Vehicle Purchase Recreation 1,593 Utilities to Capital Transfer for Telegraph Canyon Erosion Assmt Public Works 10,000 Capital to Supplies&Services Transfer to Personnel Services for Aide City Council 450 Supplies&Services to Personnel Services Transfer to Reimburse Other Agency Finance 2,000 Supplies&Services to Other Expenses Transfer for Candidate Refunds City Clerk 1,200 Supplies&Services to Other Expenses Transfer for Utiity Expense Non-Departmental 2,500 Supplies&Services to Utilities Transfer for Credit Card Transaction Fees Recreation 2,500 Supplies&Services to Other Expenses Transfer for Fleet Maintenance Expense Public Works 15,000 Personnel Services to Supplies&Services Transfer for Police Vehicle Outfitting Police 14,000 Personnel Services to Capital Transfer to Reimburse Sunroad Agreement Non-Departmental 2,000 Supplies&Services to Other Expenses Transfer Salary Savings to S&S Category City Council 60 Personnel Services to Supplies&Services Transfer to Utilities for 610 Bay Blvd Lease Non-Departmental 2,000 Supplies&Services to Utilities Transfer for Body Worn Cameras Police 7,000 Capital to Supplies&Services Total Transfers Less Than $15,000 $ 326,487 Note: Council Policy 220-02"Financial Reporting and Transfer Authority"allows the City Manager to approve transfers between categories up to$15,000. 2014-10-28 Agenda Packet Page 217 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fund Balance Policy for Governmental POLICY EFFECTIVE Funds per Governmental Accounting NUMBER DATE PAGE Standards Board Statement No. 54 159-04 June 7, 2011 1 OF 3 ADOPTED BY: Resolution 2011-098 DATED: 06/07/2011 AMENDED BY: Resolution No. (date of resolution) BACKGROUND In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This new standard does not change the total amount of a given fund balance, but it substantially alters the categories and terminology used to describe the components that make up a fund balance. The new categories and terminology reflect an approach that focuses, not on financial resources available for appropriation within a fund, but on the extent to which the City is bound to honor constraints on the specific purposes from which amounts in the fund can be spent. The term fund balance is used to describe the difference between assets (what is owned) and liabilities (what is owed) reported within a fund. In the past, fund balances have been classified into three separate components: Reserve, Designated and Undesignated. There are almost always important limitations on the purpose for which all or a portion of the resources of a fund can be used. The force of these limitations can vary significantly, depending on their source. The various components of the new fund balance reporting standard are designed to indicate the extent to which the City is bound by these limitations placed upon the resources. PURPOSE This fund balance policy establishes the procedures for reporting the various components of fund balance for the City's governmental funds. This policy does not apply to proprietary funds which were not addressed by GASB 54. The policy also authorizes and directs the Director of Finance to prepare financial reports which accurately categorize fund balance as per Governmental Accounting Standards Board Statement No. 54,Fund Balance Reporting and Governmental Fund Type Definitions. POLICY The term fund balance is used to describe the difference between assets (what is owned) and liabilities (what is owed) reported within a fund. In the past, fund balances have been classified into three separate components: Reserve, Designated and Undesignated. There are almost always important limitations on the purpose for which all or a portion of the resources of a fund can be used. The force of these limitations can vary significantly, depending on their source. The various components of the new fund balance reporting standard are designed to indicate the extent to which the City is bound by these limitations placed upon the resources. 2014-10-28 Agenda Packet Page 218 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fund Balance Policy for Governmental POLICY EFFECTIVE Funds per Governmental Accounting NUMBER DATE PAGE Standards Board Statement No. 54 159-04 June 7, 2011 2 OF 3 ADOPTED BY: Resolution 2011-098 DATED: 06/07/2011 AMENDED BY: Resolution No. (date of resolution) GASB Statement No. 54 defines five new components of fund balance that will replace the current existing three components. The five new components are: Nonspendable Fund Balance The portion of a fund balance that includes amounts that cannot be spent because they are either (a) not in a spendable form, such as prepaid items, inventories of supplies, or loans receivable; or (b) legally or contractually required to be maintained intact such as the principal portion of an endowment. This category was traditionally reported as a "reserved" fund balance under the old standard. Restricted Fund Balance The portion of a fund balance that reflects constraints placed on the use of resources (other than nonspendable items) that are either (a) externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation. This category was traditionally reported as a "reserved" fund balance under the old standard. Committed Fund Balance. The City Council, as the City's highest level of decision making authority, may commit fund balance for specific purposes pursuant to constraints imposed by formal actions taken, such as an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit fund balance needs to occur within the fiscal reporting period; however that amount can be determined subsequently. This category was traditionally reported as "designated" fund balance under the old standard. Assigned Fund Balance. The portion of a fund balance that includes amounts that are constrained by the government's intent to be used for specific purposes, but that are neither restricted nor committed. Such intent needs to be established at either the highest level of decision making authority, or by an official designated for that purpose. This policy hereby delegates the authority to assign amounts to be used for specific purposes to the Director of Finance for the purpose of reporting these amounts in the annual financial statements. Examples of assigned fund balance follow. • Continuing Appropriations. Fund balance levels must be sufficient to meet funding requirements for projects approved in prior years and which must be carried forward into the new fiscal year. This would include capital projects and purchase orders. 2014-10-28 Agenda Packet Page 219 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fund Balance Policy for Governmental POLICY EFFECTIVE Funds per Governmental Accounting NUMBER DATE PAGE Standards Board Statement No. 54 159-04 June 7, 2011 3 OF 3 ADOPTED BY: Resolution 2011-098 DATED: 06/07/2011 AMENDED BY: Resolution No. (date of resolution) • Debt Service. Established to provide for future debt service obligations. • Budget Balancing Measures. Funds set aside for the purpose of stabilizing the delivery of City services during natural disasters or periods of operational budget deficits and to mitigate the effects of major economic uncertainties resulting from unforeseen changes in revenues and/or expenditures. Unassigned Fund Balance. The portion of a fund balance that includes amounts that do not fall into one of the above four categories. The General Fund is the only fund that should report a positive balance in this category of fund balance. The general fund, as the principal operating fund of the government, often will have net resources in excess of what can properly be classified in one of the four categories already described. If so, that surplus is presented as unassigned fund balance. If resources were not at least assigned, they could not properly be reported in a fund other than the general fund to begin with. Therefore, only the general fund can report a positive amount of unassigned fund balance. Conversely, any governmental fund in a deficit position could report a negative amount of unassigned fund balance. This category was traditionally reported an"undesignated" fund balance under the old standard. Fund Balance Classification The accounting policies of the City consider restricted fund balance to have been spent first when an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available. Similarly, when an expenditure is incurred for purposes for which amounts in any of the unrestricted classifications of fund balance (committed, assigned or unassigned) could be used, the City considers committed amounts to be reduced first, followed by assigned amounts and then unassigned amounts. The policy of the City of Chula Vista is to follow the guidelines of GASB Statement No. 54 and its required practices. No other policy or procedure supersedes the authority and provisions of this policy. 2014-10-28 Agenda Packet Page 220 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0564, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since 1990, the Police Department has participated in the California Identification System Remote Access Network, commonly known as Cal-ID/RAN. This system is maintained by the State Department of Justice, but the County of San Diego is the responsible agency for system allocation and funding. The Police Department is requesting continued participation in the Cal-ID/Remote Access Network through June 30, 2019. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The State of California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints and photos called the California Identification System and Cal- Photo (hereinafter referred to as "Cal-ID"). The California Penal Code, Section 11112.1 provides for the establishment of a Remote Access Network (RAN), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal-ID. The San Diego County Sheriff's Department is the County's proprietary agency for San Diego County's Cal-ID/RAN. Since 1990, the Police Department has been entering into five-year agreements with the County of San Diego to participate in Cal-ID/RAN. The previous agreement terminated June 30, 2014. The new agreement is effective July 1 , 2014 and will terminate on June 30, 2019. The Police Department is requesting continued participation in the Cal-ID/Remote Access Network through June 30, 2019. Either party may terminate the agreement by giving a one-year advance written notice of intention to terminate. The City will reimburse the County for its proportional share of net operational costs associated with Cal-ID/RAN based on the city's percentage of total county population and the city's City of Chula Vista Page 1 of 2 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 221 File#: 14-0564, Item#: 7. percentage of FBI crimes. These associated costs, approximately $56,000 annually, are already included in the fiscal year 2014/2015 adopted budget. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by providing personnel with adequate resources for community policing. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the Police Department's continued participation in the Cal- ID/Remote Access Network through June 30, 2019. The amount of $56,000 for Cal-ID/RAN costs has already been included in the fiscal year 2014/2015 adopted budget. There is no net fiscal impact by accepting this resolution. ONGOING FISCAL IMPACT Cal-ID/RAN costs in subsequent years will be included in the proposed budget and will be considered as part of the normal budget process. ATTACHMENTS Attachment 1 : Agreement for Participation in San Diego County's California Identification System Remote Access Network Staff Contact: Jonathan Alegre City of Chula Vista Page 2 of 2 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 222 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK WHEREAS, since 1990, the Police Department has participated in the California Identification System Remote Access Network, commonly known as Cal-ID/RAN; and WHEREAS, the Cal-ID system is maintained by the State Department of Justice, but the County of San Diego is the responsible agency for system allocation and funding; and WHEREAS, the previous Cal-ID agreement terminated on June 30, 2014, and the new agreement will terminate on June 30, 2019; and WHEREAS, the Police Department is requesting continued participation in the Cal- ID/Remote Access Network through June 30, 2019. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and County of San Diego for the Police Department's participation in the California Identification System Remote Access Network, 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 Clerk, and authorizes the City Manager to execute the said Agreement. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-10-28 Agenda Packet Page 223 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. oogins City Attorney Dated: AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK 2014-10-28 Agenda Packet Page 224 AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT ("Agreement") is made and entered into this first day of July, 2014, by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as the "COUNTY," and the City of Chula Vista, a municipal corporation, hereinafter referred to as the "CITY." RECITALS A. The state of California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints, and photos, said system being known as the California Identification System and Cal-Photo, and hereinafter referred to as "CAL-ID." B. The California Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network("RAN"), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to CAL-ID. C. The San Diego County Sheriff's Department, hereinafter referred to as "SHERIFF," is the COUNTY'S proprietary agency for San Diego County's California Identification System/Remote Access Network, hereinafter referred to as "CAL- ID/RAN." D. The COUNTY's CAL-ID/RAN is governed by the COUNTY's Local CAL-ID/RAN BOARD, established pursuant to Section 11112.4 of the California Penal Code, and hereinafter referred to as the "RAN BOARD." E. CAL-ID/RAN provides tenprint, latent fingerprint, latent palm print, and photo identifications through the use of Local Input Terminals, hereinafter referred to as "LIT's." F. The CITY desires to participate in CAL-ID/RAN. NOW, THEREFORE, the parties hereto agree that the COUNTY shall provide CAL-ID/RAN services for the CITY through the SIIERIFF's LIT site, subject to the following terms and conditions. 1. SCOPE OF SERVICE SHERIFF shall provide CAL-ID/RAN services for the CITY, including all tenprint, fingerprint, palm print, and photo inquiries. 2. CALCULATION AND PAYMENT OF CAL-ID OPERATIONAL COSTS 1 2014-10-28 Agenda Packet Page 225 2.1. Ongoing CAL-ID Operational Costs shall include those costs needed to maintain the CAL-ID Program. This includes but is not limited to: 2.1.1. Support personnel costs. 2.1.2. Equipment costs. 2.1.3. Equipment maintenance. 2.1.4. Vehicle costs. 2.1.5. Information technology telecommunication maintenance. 2.1.6. Services and supplies. 2.1.7. Overhead, 2.1.8. The cost for replacing the equipment amortized over ten years. 2.1.9. Funding for system enhancements authorized by the RAN BOARD. 2.1.10. Other costs necessary for the operation for CAL-ID as authorized by the RAN BOARD. 2.2. The COUNTY will adjust the CAL-11) Operational Costs annually. 2.3. The COUNTY may make a General Fund Contribution to offset CAL-ID Operational Costs. 2.4. The RAN BOARD may authorize the transfer of funds from the Sheriff's Fingerprint ID Trust Fund to offset Trust Fund-qualified CAL-ID Operational Costs. 2.5. Annual CAL-ID Operational Cost minus any Sheriffs Fingerprint ID Trust Fund contributions equals the annual net CAL-ID Operational Costs. 3. CITY COST The CITY shall reimburse the COUNTY for its proportional share of the annual net CAL-ID Operational Costs associated with CAL-ID/RAN, based upon the following formula: 3.1. The CITY'S CAL-ID Cost Allocation Percentage is the mean of the CITY'S percentage of total county population and the CITY'S percentage of Number of FBI Crimes. 3.1.1. The CITY'S percentage of total County population shall be based on the San Diego Association of Governments (SANDAG) most recent issue of "Population by Jurisdiction," contained in SANDAG "Thirty Years of Crime in the San Diego Region" report,which is published annually. 3.12. The CITY'S percentage of Number of FBI Crimes shall be based on SANDAG's most recent issue of"Number of FBI Index Crimes by Jurisdiction," contained in"Thirty Years of Crime in the San Diego Region" report, which is published annually. 2 2014-10-28 Agenda Packet Page 226 3.2. This percentage shall be adjusted annually using the most recent SANDAG data. The data for the first year of this Agreement has been set forth as Attachment A hereto. 3.3. The CITY agrees to the use of SANDAG "Thirty Years of Crime in the San Diego Region" report's "Population by Jurisdiction" and "Number of FBI Index Crimes by Jurisdiction" numbers as mentioned above in sections 3.1.1 and 3.1.2. 3.4. The CITY'S annual CAL-ID costs equals the annual net CAL-ID Operational Costs times the CITY'S CAL-ID Cost Allocation Percentage. 3.5. The CITY'S estimated CAL-ID costs for the first year of this Agreement are calculated on Attachment B, which is hereby made a part of this Agreement. 3.6. The Sheriff of the County of San Diego may, on behalf of the COUNTY, annually revise the CITY'S estimated CAL-ID costs (Attachment B), based on the most recent SANDAG population and FBI Crime Statistics in accordance with Section 3.1 and current CAL-ID Operational Costs specified in 2.1 above. Such estimate, when approved by the CITY and the Sheriff, acting on behalf of the COUNTY, shall be made a part of this Agreement as Attachment B. 3.7. The CITY shall be billed semi-annually based on its proportional share of the estimated ongoing net CAL-ID Operational Costs and shall pay the COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. 3.8. Actual ongoing costs shall be calculated at the end of each fiscal year. Any overages or shortages based on actual costs will be transferred to or from the Sheriff's Fingerprint ID Trust Fund. 3.9. The COUNTY shall maintain a separate accountability for purposes of the Sheriffs Fingerprint ID Trust Fund and shall provide a financial report at the end of each fiscal year to the State of California. 4. SYSTEM OPERATING POLICIES AND PROCEDURES 4.1. The primary purpose of CAL-ID/RAN shall be to serve all law enforcement agencies in San Diego County. 4.2. The RAN BOARD may add or remove law enforcement agencies from CAL- ID/RAN. 4.3. Participating CITIES, and the COUNTY, shall abide by all State and Federal statutes, as well as all policies adopted by the COUNTY, the State of California, or the Local RAN Board concerning the security, privacy, and dissemination of 3 2014-10-28 Agenda Packet Page 227 any and all tenprint, fingerprint,palm print, and photo identification data contained in CAL-ID/RAN. 4.4. The COUNTY, in its discretion, may enter into one or more agreements ("Vendor Contracts")with third-party providers of hardware and software to obtain CAL-ID services for the COUNTY, and to provide such services to the CITY pursuant to this Agreement. The COUNTY shall provide to the CITY, and the CITY hereby acknowledges receipt of, any such Vendor Contracts pertaining to the services that the COUNTY provides to the CITY under this Agreement. The CITY shall observe and abide by all of the contractual duties of the COUNTY under any such relevant Vendor Contract. However, notwithstanding such undertaking, the CITY shall have no rights to enforce such a Vendor Contract against the COUNTY or any third-party provider, nor may the CITY seek damages against any such third-party provider under any theory of contract, including, without limitation, third-party beneficiary principles. 4.5. Operational policy shall be established and modified as deemed appropriate by the Local RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. 4.6. The RAN BOARD shall resolve any dispute between users over operational policies established by the RAN BOARD. 4.7. The COUNTY shall ensure the proper and effective operation and maintenance of equipment used to participate in CAL-ID/RAN. 4.8. The COUNTY shall continue forwarding electronic prints submitted via live scans for arrests to the Department of Justice as required by law. 4.9. This Agreement incorporates by reference: California Penal Code Section 11112.1 et seq. and any related legislation enacted thereto; State Department of Justice CAL-ID/RAN Master Plan and any changes thereto; State Department of Justice CAL-ID/RAN Policy Manual and any changes thereto; and the San Diego County Local RAN BOARD Operating Policies. 5. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended, or otherwise changed by an amendment in writing executed by the CITY and the COUNTY. 6. TERMINATION Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate. 4 2014-10-28 Agenda Packet Page 228 7. TERM OF AGREEMENT This Agreement shall take effect July 1, 2014 and unless terminated sooner as provided for herein, shall terminate on June 30, 2019. 8. INDEMNIFICATION The COUNTY shall not be liable for, and the CITY shall defend, indemnify and hold the COUNTY, its officers, agents and employees, harmless from any and all claims, demands, liability,judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"),related to the performance of this Agreement, arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of the County, its officers, agents, employees and contractors. IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this AGREEMENT pursuant to action taken by its Board of Supervisors, and the City of Chula Vista executes this AGREEMENT, pursuant to action taken by the City Council. COUNTY OF SAN DIEGO By By Clerk, Board of Supervisors City Manager APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY By By Deputy County Counsel City Attorney 5 2014-10-28 Agenda Packet Page 229 Attachment A Cal-ID Cost Allocation Based on Population and Crime Fiscal Year 2014-2015 % Ut % of County FBI Number County City Population Population of Crimes Crime Mean of Ws Carlsbad 108,246 3.47% 2,306 2.91% 3.19% Chula Vista 251,613 8.07% 5,879 7.43% 7.75% Coronado 23,176 0.74% 566 0.72% 0.73% Del Mar 4,199 0.13% 195 0.25% 0.19% El Cajon 100,460 3.22% 3,120 3.94% 3.58% Encinitas 60,482 1.94% 1,208 1.53% 1.73% Escondido 145,901 4.68% 4,561 5.76% 5.22% Imperial Beach 26,496 0.85% 587 0.74% 0.80% La Mesa 58,244 1.87% 2,149 2.72% 2.29% Lemon Grove 25,554 0.82% 654 0.83% 0.82% National City 58,838 1.89% 2,209 2.79% 2.34% Oceanside 169,350 5.43% 5,128 6.48% 5.96% Poway 48,559 1.56% 665 0.84% 1.20% San Diego 1,326,238 42.56% 37,031 46.81% 44.68% San Marcos 87,031 2.79% 1,614 2.04% 2.42% Santee 55,033 1.77% 1,321 1.67% 1.72% Solana Beach 12,987 0.42% 321 0.41% 0.41% Vista 95,262 3.06% 2,490 3.15% 3.10% Unincorporated 458,495 14.71% 7,112 8.99% 11.85% 3,116,164 100.00% 79,116 100.00% 100.00% Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Thirty Years of Crime in the San Diego Region, 1984-2013" Published in April 2014 2014-10-28 Agenda Packet Page 230 Attachment B Cal-ID Contract Projections by Agency - FY 2014-2015 Revenue County General Gund Contribution $716,000 Transfer from Trust Fund $3,115,240 User Fees $716,000 Total Funding $4,547,240 Overhead Allocated Overhead On County Salaries and Benefits $281,105 Expenses County Salaries and Benefits $2,060,080 Services and Supplies $2,159,989 Fixed Assets Expense $233,445 Total Expenses $4,453,514 User Fee Allocation Allocation Estimated FY City/Jurisdiction Percentage 2014115 Cost Carlsbad 3.19% $22,870 Chula Vista 7.75% $55,509 Coronado 0.73% $5,224 Del Mar 0.19% $1,365 El Cajon 3.58% $25,659 Encinitas 1.73% $12,415 Escondido 5.22% $37,400 Imperial Beach 0.80% $5,700 La Mesa 2.29% $16,416 Lemon Grove 0.82% $5,895 National City 2.34% $16,755 Oceanside 5.96% $42,660 Poway 1.20% $8,588 San Diego 44.68% $319,930 San Marcos 2.42% $17,302 Santee 1.72% $12,300 Solana Beach 0.41% $2,945 Vista 3.10%1 $22,211 Unincorporated 11.85% $84,856 Total User Fees 100.00% $716,000.00 2014-10-28 Agenda Packet Page 231 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0570, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAL PROPERTY PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 89 FIRST AVENUE AND APPROPRIATING $490,000 TO THE WESTERN PARK ACQUISITION AND DEVELOPMENT FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The subject parcel is a 1.14 acre residential property located at 89 First Avenue and is currently identified as San Diego County Assessor's Parcel No. 566-131-16. It is situated on the northerly prolongation of First Avenue north of D Street. This property and the vacant properties north of it have been the source of many issues in recent years and have proven very hard to develop. In recognition of the development and nuisance issues that surround these parcels, staff has long considered purchasing these parcels so they can be maintained in their natural state and be incorporated into the future City Park to the north. The property is not currently on the market, but was offered for sale to the City during discussions of the issues detailed below. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed property acquisition for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) (General Rule) of the state CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, additional environmental review will be required as applicable prior to the approval of any future project specific development entitlements. BOARD/COMMISSION RECOMMENDATION Not Applicable] DISCUSSION The subject parcel is a 1.14 acre residential property located at 89 First Avenue and currently identified as San Diego County Assessor's Parcel No. 566-131-16. As shown on Attachment 1 to this report, the subject parcel fronts onto a 40 foot wide strip of land owned in fee by the City that approximates the northerly prolongation of First Avenue north of D Street. The subject parcel is currently improved with a single family residence and one out building. To the north, are seven undeveloped parcels that also abut the City's parcel. Six are east of the City's parcel and one is to the west. Beyond these parcels is a City-owned 14.25 acre parcel designated as park land. The City also has a pending exchange for 5.75 acres that would bring the park site to 20 acres. Over the years, various owners have tried to develop several of the adjacent vacant parcels but have City of Chula Vista Page 1 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 232 File#: 14-0570, Item#: 8. ultimately backed away due to limited access, and lack of existing utilities and infrastructure. Additionally, this area has ongoing drainage issues and has served as a pathway to the City's park site immediately to the north for unintended activities such as homelessness, off road bicycles and motor vehicles, and others. The seasonal flooding, trespassing and dumping have been the source of numerous complaints to the City over the years. While the City has tried to keep the situation from getting worse by allowing the owners to gate the access and filling in eroded areas after rains, limited resources have hampered our efforts. In recognition of the development and nuisance issues that surround these parcels, staff has long considered purchasing these parcels so they can be maintained in their natural state and eventually be incorporated into the future park. This would eliminate most of the complaints and issues as well augment the City's park acreage on the west side. To date, the problem with acquiring these parcels has been the fact that the two large anchor parcels (the northern and southern most parcels) have not been available. Without one or both of those parcels in hand, it would be hard to justify purchasing the smaller less significant ones. In discussing the most recent issues with the owner of the subject parcel, she indicated that due to family health issues it was becoming more difficult to deal with the flooding, trespassing and other issues. She was aware that the City has had discussions with owners of several of the vacant parcels to the north regarding their possible purchase for park land. She stated that while she was not marketing her property she would be willing to sell it to the City. Her parcel is the southerly anchor property, the only one that is developed and it is the flattest and most desirable of the seven parcels. Staff consulted with several local real estate brokers and concluded that the market value of this property, as currently developed (single family residential) falls within a range of $400,000 to $425,000. The owner initially wanted more than $500,000 for this site. After negotiations, she agreed to accept $480,000. With anticipated title and closing cost staff believes that the total cost of this acquisition will be approximately $490,000. While this price represents a premium for this parcel as developed, staff believes this is an opportunity purchase that presents significant current and future benefits. Because the future park will not be developed for some time, the remaining parcels can be purchased as they become available. This would allow the City to maintain the area in its undeveloped state and eventually incorporate it into the park. This would add an additional 4.5 acres of park land to the west side of the City. Should the remaining parcels not become available or, if it is decided at a later date that the subject parcel is no longer needed it could be sold. In the interim, the site and buildings can be utilized for City purposes or can be rented out to generate revenue to support its maintenance and upkeep. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy City of Chula Vista Page 2 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 233 File#: 14-0570, Item#: 8. Community, Strong and Secure Neighborhoods and a Connected Community. This acquisition falls in line with the City's goal of providing a healthy community. By keeping this area in its natural state and converting it to future park use we are adding to the City's available open spaces, outdoor experiences and recreational opportunities. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of$490,000 to the Capital expense category of the Western Park Acquisition and Development Fund from the available fund balance of this fund. There is sufficient fund balance in the Western PAD for this expense. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this expenditure at this time. Staff will be able to fund any maintenance issues that may arise out of the existing Public Works Department budget. ATTACHMENTS Attachment 1: Area Map Attachment 2: Purchase Agreement Staff Contact: Rick Ryals, Real Property Manager (619) 691-5118 City of Chula Vista Page 3 of 3 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 234 ATTACHMENT 1 SUBJECT PP��pNo PARCEL VACANT ; PARCELS CITY OWNED ` PARCEL ; to � - • ♦ 67 - gg F� vE EAg . . • ♦ 70 ea. i . ♦ � 68 • � _ 96 �y ♦� 76 �BS � 9�� 90 X84 z 99 94 96.94 3� 102 r I0I I43, 91 2014-10-28 Agenda Packet Page 235 Escrow Company Escrow No. Title Order No. REAL PROPERTY PURCHASE AGREEMENT (Escrow Instructions) THIS REAL PROPERTY PURCHASE AGREEMENT ("Agreement") is entered into this day of . 2014. by and between THE CITY OF CHULA VISTA. a charter City organized under the laws of the State of California ("Buyer"), and PAULA SEIBERLICH, TRUSTEE OF THE PAULA SEIBERLICH TRUST, DATED FEBRUARY 9, 2007 ("Seller"), (collectively "Parties") for purchase by Buyer of the hereinafter described real property. WHEREAS, Buyer desires to purchase fee title in and to Seller's real property locate at 89 First Avenue. in the City of Chula Vista. County of San Diego, State of California("Property'), and currently identified as San Diego County Assessors Parcel No. X66-131-16-00, and, WHEREAS, Seller has offered to sell to Buyer said real property for$480,000. NOW THEREFORE. the Parties agree as follows: I. AGREEMENT TO SELL AND PURCHASE Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer,upon the terms and for the consideration set forth in this Agreement.fee title in and to the Property more particularly described in the legal description designated as Exhibit"A"and as more particularly shown on a Plat thereof designated as Exhibit "B", both of which are attached hereto and are incorporated herein by this reference. Buyer's agreement to purchase the property is expressly contingent upon the adoption of a resolution by the City Council authorizing the acquisition. The parties hereto agree that the Property shall be conveyed in fee to the Buyer clear of all encumbrances except those previously approved by the Buyer. 2. PURCHASE PRICE The total purchase price payable on the terms set forth herein shall be the sum of FOUR HUNDRED EIGHTY THOUSAND DOLLARS(S480,000.00)to be paid to seller at the close of Escrow. 3. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Stewart Title of California ("Escro,�y Holder"), located at 7676 Hazard Center Drive, San Diego,California 92108 and deposit a fully executed copy of this agreement no later than Buyer agrees to pay all usual and 2014-10-28 Agenda Packet Page 236 Seiberlich Purchase Agreement APN. 566-131-16-00y Page 2 reasonable fees, charges, and costs (including transfer taxes. if any) which arise in the escrow, upon demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow. This Agreement constitutes the joint escrow instructions of the Parties; and Escrow Holder to whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than sixty (60) days after a fully executed copy of this Agreement, is deposited into escrow. The terms closing and/or close of escrow as used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement. Buyer shall.upon receipt of a statement of estimated closing cost from Escrow Holder,deposit the Purchase Price together with additional funds as set forth in said statement. Said deposit shall be made in accordance with the moire transfer instructions of the Escrow Holder and shall be made in sufficient time to allow for the timely close of escrow as set forth herein. Buyer shall also execute and deposit into escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the timely close of escrow as set forth herein. Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the Property to Buyer in sufficient time to allow for the timely close of escrow as set forth herein. Seller and Buyer agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner as set forth herein. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account. unless Seller requests another form of payment. If Buyer requests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed in favor of Buyer;executed and acknowledged by Seller covering the Property. Escrow Holder shall cause to be issued and delivered to Buyer at Buyer's cost. a preliminary title report for Buyer review. Buyer shall have five (5) days to review and approve said preliminary report. After Buyer approval, Escrow Holder shall cause to be issued.as of the closing date and at Buyer's cost,a CLTA standard coverage policy of title insurance ("Title Policy"),. issued by Commonwealth Land Title. with liability in the amount of the Purchase Price. covering the Property and showing title vesting in Buyer, free of all recorded and unrecorded. liens. encumbrances, leases and taxes except those previously approved by the Buyer, and: 2014-10-28 Agenda Packet Page 237 Seiberlich Purchase Agreement APN. 566-131-16-00 Page 3 (a) All non-delinquent general and special real property taxes for the current fiscal year-. (b)The standard printed exceptions and exclusions contained in the CLTA or ALTA form policy; (c) Public and Quasi-public utility, public alley, public street easements and rights of way of record: and Escrow Holder is authorized to and shall pay and charge Buyer for any title insurance premium and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver the Grant Deed when Buyer and Seller have fulfilled all conditions of the escrow and purchase agreement. 4. RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to paragraph 3 herein and to its liability under any policy of title insurance issued in regard to this transaction. 5. CONVEYANCE OF INTEREST Seller agrees to convey by Grant Deed to Buyer title in and to said Property as contemplated by this Agreement. Fee title shall pass to buyer upon recordation of said Grant Deed 6. DEPOSIT OF FUNDS Buyer agrees to deposit the Purchase Price of 5480,000.00 to escrow for dispersal to Seller at closing. 7. CONDITION OF PROPERTY/AS IS'. a. BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE,DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES AND SELLER HAS NOT MADE. DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY OBLIGATIONS OF ANY KIND OR CHARACTER WHATSOEVER. WHETHER EXPRESS OR IMPLIED. ORAL OR WRITTEN, PAST,PRESENT,OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE. QUALITY OR CONDITION OF THE PROPERTY, INCLUDING. WITHOUT LIMITATION. THE WATER, SOIL AND GEOLOGY, (B)THE INCOME TO BE DERIVED FROM THE PROPERTY,(C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON.(D)THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY. (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR 2014-10-28 Agenda Packet Page 238 Seiberlich Purchase Agreement APN. 566-131-16-00 Page 4 PURPOSE OF THE PROPERTY. (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS. IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER. QUALITY; STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY. AND SPECIFICALLY. THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE. ZONING OR DEVELOPMENT OR REGIONAL IMPACT LAWS,RULES,REGULATIONS.ORDERS OR REQUIREMENTS. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY,BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS. REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT. EMPLOYEE, SERVANT OR OTHER PERSON. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS". "WHERE IS" AND. "WITH ALL FAULTS" CONDITION AND BASIS. Buyer's Initials: b. Effective as of the close of escrow. Buyer shall, and by the execution of the Agreement, hereby does, forever release Seller of and from any and all losses; liabilities; damages, claims, demands, causes of action; costs and expenses.whether known or unknown, to the extent arising out of or in any «-av connected with the Property after the close of escrow. including, without limitation, the condition of title to the Propem: and the environmental and structural condition of the Property. Buyer agrees never to commence. aid in any way. or prosecute against Seller. any action or other proceeding based upon any losses, liabilities, damages, claims, demands; causes of action; costs and expenses, covered in this paragraph. Notwithstanding any provision to the contran, contained herein. nothing in this Section 7 shall be deemed to constitute a waiver of any tights or remedies arising from Seller's intentional fraud or intentional or misrepresentation of any material fact with an intent to mislead. C. Buver hereby fully and forever releases and discharges Seller from any and all claims, rights, actions; damages; and/or liabilities. of any nature whatsoever. fixed or contingent. existing novv or arising in the future. known or unknown. in any way relating to the Property, excluding only claims arising under this Agreement. Buyer acknowledges Buyer may later learn of circumstances bearing 2014-10-28 Agenda Packet Page 239 Seiberlich Purchase Agreement APN. 566-131-16-00 Page 5 upon the rights released in this Agreement. Buyer specifically waives the rights afforded by Section 1542 of the California Civil Code which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if knoxNm by him or her, must have materially affected his or her settlement with the debtor." Buyer's Initials: 8. SELLER DEFAULT. IF THE SELLER DEFAULTS UNDER THE TERMS OF THE AGREEMENT. AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE DATE 'NHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM BUYER(OR. IF EARLIER. ON THE CLOSING DATE), BUYER MAY, AS ITS SOLE AND EXCLUSIVE REMEDY. EITHER (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT SHALL BE RETURNED TO BUYER. AND THIS AGREEMENT. AND THE RIGHTS AND OBLIGATIONS OF BUYER AND SELLER HEREUNDER SHALL TERMINATE OR (II) SPECIFICALLY ENFORCE SELLER'S OBLIGATIONS. Seller's Initials: Buyer's Initials: 9. REAL ESTATE COMMISSIONS No brokers or finders have been employed for a fee or are entitled to a commission or compensation in connection with this transaction. Each party represents to the other that it has not had any contact, dealings or communications with a broker or finder in connection with the transaction contemplated by the Agreement or any other person who can claim a right to a commission or finder's fee. If any other broker; finder or other person makes a claim for commissions or finder's fee based.upon any contract, dealing or communication with a party, then such party shall indemnify, defend and hold the other party harmless from and against all damages, claims, losses and expenses, including attorneys' fees, arising out of the bfoker's. finder's or other person's claim. 10. RIGHT OF REPURCHASE/RIGHT OF FIRST REFUSAL Seller shall have the right to repurchase the property from Buyer for a period of 18 (eighteen) months after payment of Buyer's final installment at the same price and for the same terms as Buyer purchased the property from Seller. Should Buyer receive an offer to purchase the property from a third party within said 18 month period , Seller will have the first right of refusal to repurchase the property at the same price and for the same terms as Buyer purchased the propemr from Seller. Should Seller refuse to purchase the Property.Buyer shall be free to sell to the third party. After the eighteen-month period.Buyer shall be free to market and sell the property as it sees fit. 2014-10-28 Agenda Packet Page 240 Seiberlich Purchase Agreement APN. 66-131-16-00 Page 6 11. MISCELLANEOUS a. Legal Fees. In the event of the bringing of any action or suit by either party against the other party by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Agreement; the party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other party all costs and expenses of suit. including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses of the action, including reasonable attorney's fees), as determined by a court of competent jurisdiction. b. Time is of the Essence. Time is of the essence of each and every term, condition, obligation and provision of this Agreement. C. Counterparts. This Agreement may be executed in counterparts; each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days. d. Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid; illegal or unenforceable portion had never been part of this Agreement. e. Governing Law. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with. and governed by, the lays of the State of California. IN' WITNESS WHEREOF, the duly authorized representative of each party has executed this Agreement effective upon the date first written above. BUYER: City of Chula Vista SELLER• Paula Seiberlich Trust. By: B`: By: Approved as to Form: Glen Googins. City Attorney 2014-10-28 Agenda Packet Page 241 RESOLUTION NO. 2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAL PROPERTY PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 89 FIRST AVENUE AND APPROPPRIATING $490,000 TO THE WESTERN PARK ACQUISITION AND DEVELOPMENT FUND WHEREAS, the subject 1.14 acre residential property located at 89 First Avenue and currently identified as San Diego County Assessor's Parcel No. 566-131-16 is situated on the northerly prolongation of First Avenue north of D Street; and WHEREAS, this property and the vacant properties north of it have been the source of many issues in recent years, requiring many hours of staff time and resources to address and the root sources of the problems remain; and WHEREAS, the property is not currently on the market, but was offered for sale to the City by the current owner; and WHEREAS, purchasing this parcel would eliminate the source of most of the problems and allow the City to more completely secure the area from trespassers, while providing the opportunity to expand the City's existing park; and WHEREAS, There will be no net fiscal impact to the General Fund as sufficient funds are available in PAD fees to cover the purchase price and the associated cost of this acquisition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby appropriates $490,000 to the Western Park Acquisition and Development Fund's Capital expense category from this funds available fund balance. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Real Property Purchase Agreement for the Property Located at 89 First Avenue, between the City and Paula Seiberlich, Trustee of the Paula Seiberlich Trust, in the form presented, as may have been modified by the Council prior to its approval and with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City City Manager or his designee to execute all necessary document to conclude this transaction. Presented by Approved as to form by 2014-10-28 Agenda Packet Page 242 Resolution No. Page 2 Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-10-28 Agenda Packet Page 243 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0584, Item#: 9. ..Title RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $10,300 FOR A DOG PARK LOCATED AT EUCALYPTUS PARK AND APPROPRIATING SAID FUNDS TO THE PUBLIC WORKS' SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Today's Council action will accept and appropriate donated funds and money collected through fundraising efforts to establish an off-leash dog area in the northwestern portion of Eucalyptus Park. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION The October 23, 2014 meeting of the Parks and Recreation Commission was cancelled and due to a sunset clause on the available grant funds, council needs to act without the Parks and Recreation Commission's action/ recommendation. DISCUSSION Dog parks are a now a common feature included in newly designed City parks. Several of the relatively new parks in eastern Chula Vista have these very popular features. None of the older parks in western Chula Vista have off-leash facilities for dogs. Over the years, numerous requests for dog parks in western Chula Vista have been received from the community. Several groups have come together in an effort led by Councilperson Pamela Bensoussan to establish a long overdue, fenced, off-leash dog area at Eucalyptus Park in the northwestern part of the City. The donation of $10,300 came from the San Diego Foundation ($5,000), Baldwin & Sons ($5,000) and a group of individuals ($300). The location chosen for the small and large dog areas has been vacant and unused for many years. Instead, this location has become an attractive nuisance for homelessness and other unintended activities. This new facility is anticipated to draw dog owners from the immediate as well as the surrounding neighborhoods. This improvement will invite users to enjoy the other park and provide them with the opportunity to exercise and play with their pets. Also, this vibrant activity will naturally serve as a deterrent and discourage some of the unwanted activities that have been experienced in this part of the park. This project will be City of Chula Vista Page 1 of 2 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 244 File#: 14-0584, Item#: 9. accomplished in two (2) phases, the larger dog run area being completed first and the smaller dog area later as Phase II. Once the additional funds are collected staff will return to council to accept and appropriate the necessary funds for Phase II. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the project area and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the goals of a Healthy Community and a Connected Community by making park space available for off leash play, exercise, and social interaction between dogs and their owners alike. CURRENT YEAR FISCAL IMPACT This project will to completed using donations to the City; there is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The nominal increase in maintenance costs for the off-leash areas can be absorbed by the current funding levels in the Public Works, Parks Section's General Fund budget. ATTACHMENTS Dog park schematic design Staff Contact: Gordon Day Building Project Manager, Engineering Division, Public Works Department City of Chula Vista Page 2 of 2 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 245 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $10,300 FOR A DOG PARK LOCATED AT EUCALYPTUS PARK AND APPROPRIATING SAID FUNDS TO THE PUBLIC WORKS' SUPPLIES AND SERVICES BUDGET (4/5 VOTE REQUIRED) WHEREAS, several groups have come together in an effort led by Councilperson Pamela Bensoussan to establish a long overdue fenced off-leash dog area at Eucalyptus Park in the northwestern part of the City; and WHEREAS, monies have been collected through fundraising efforts to establish an off-leash dog area in Eucalyptus Park; and WHEREAS, dog parks are a now a common feature included in newly designed City parks; and WHEREAS, the donation of $10,300 came from the San Diego Foundation ($5,000), Baldwin & Sons ($5,000) and a group of individuals ($300). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts donations in the amount of $10,300 for a dog park located at Eucalyptus Park and appropriates said funds to the Public Works' Supplies and Services budget. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-10-28 Agenda Packet Page 246 i CITY OF CHULA VISTA x •Y 0� 5 fi 5 p�M� - '3}ky ew �r t � c CL _ , Q) I CF4PZ?C ,CAL r4c0 Doc RO;r CF Vii!E 1,,1,P,,?--281 tN FEET Q'4,SDSKPROJ�X—greg�EucaJyp*us Pork'\Eucolyptus Park Bose.cwy 03,/75%2073 4:09:32 PTV, PPT a City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0448, Item#: 10. CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE RECOMMENDED ACTION Council open the public hearing and continue the item to Nov 4, 2014. City of Chula Vista Page 1 of 1 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 248 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0449, Item#: 11. CONSIDERATION OF UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE RECOMMENDED ACTION Council open the public hearing and continue the item to Nov 4, 2014. City of Chula Vista Page 1 of 1 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 249 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0556, Item#: 12. CONSIDERATION OF ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR CERTAIN OPEN SPACE DISTRICTS TO AZTEC LANDSCAPING, INC., BLUE SKIES LANDSCAPE, INC., AND BRICKMAN GROUP; AND WAIVING IRREGULARITIES IN THE BID RECEIVED FROM BRICKMAN GROUP FOR BID GROUP 1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BRICKMAN GROUP FOR LANDSCAPE MAINTENANCE SERVICES FOR BID GROUP 1 OPEN SPACE DISTRICTS 1 , 17 AND 20 (ZONE 7) IN THE AMOUNT OF $181,728; BID GROUP 7 TELEGRAPH CANYON ROAD 1- 805 TO LA FITNESS AND OTAY RANCH VILLAGE 1 WEST SOUTH SLOPES (CFD 99-2) IN THE AMOUNT OF $140,241 ; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 3 EASTLAKE MAINTENANCE DISTRICT NO.1 ZONES A, B, AND D AND OPEN SPACE DISTRICT 31 IN THE AMOUNT OF $192,413.76; BID GROUP 5 OPEN SPACE DISTRICTS 2, 7, 18, AND 23 IN THE AMOUNT OF $94,829.64; BID GROUP 8 OLYMPIC PARKWAY 805 SR125, EASTLAKE LANDSWAP OLYMPIC PARKWAY SR125 HUNTE PARKWAY, OTAY RANCH VILLAGE 2 SANTA VENETIA (CFD 13M) IN THE AMOUNT OF $226,592.16; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BLUE SKIES LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 2 OPEN SPACE DISTRICT 20 ZONES 2, 3, 4, 5 AND 6 IN THE AMOUNT OF $517,186.99; BID GROUP 4 OPEN SPACE DISTRICTS 14, 15, AND 24 IN THE AMOUNT OF $217,293.28; BID GROUP 6 MCMILLIN OTAY RANCH VILLAGE 6 - CFD 08M AREA 1 , AND OTAY RANCH VILLAGE 6 - CFD 08M AREA 2 IN THE AMOUNT OF $342,646.39; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT (4/5 VOTE REQUIRED) City of Chula Vista Page 1 of 4 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 250 File#: 14-0556, Item#: 12. RECOMMENDED ACTION Council conduct the public hearing and adopt the resolutions. SUMMARY On September 2, 2014, the City received three bids for landscape maintenance services in twenty- five Open Space Districts ("OSDs"). Funding for the contracts is included within the budget for each OSD. Today's action is to accept the bids, award the contracts to Aztec Landscaping, Inc., Blue Skies Landscape, Inc., and Brickman Group; and authorize entering into landscape maintenance contracts with each contractor. It also requests that Council waive a minor mathematical error in the bid by Brickman Group for Bid Group 1 . Even with this error, Brickman Group's corrected bid of$181 ,728 is $18,339 lower than the second lowest bidder. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, consisting of accepting bids and awarding landscape maintenance contracts, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines because the proposal consists of continuing city administrative/maintenance activities, which will not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista has 42 Open Space Districts and Maintenance Community Facilities Districts (collectively the "Districts"). The City levies an annual assessment on property owners within each District to provide funding for maintenance of common area spaces. The City contracts with landscape firms to provide landscape maintenance services in the Districts. In twenty-five (25) OSDs, the landscape maintenance contracts have lapsed. The 25 OSDs were divided into eight (8) groups for the purpose of bidding ("Bid Groups"), as some of the OSDs (for example, District 17) are smaller than the others contiguous to them. By combining the areas, economies of scale could be obtained. The eight (8) Bid Groups are as follows: • Group 1 - OSDs 1 , 17, and 20 Zone 7; • Group 2 - OSD 20 Zones 2, 3, 4, and 5; • Group 3 - Eastlake Maintenance Districts A, B, D, and OSD 31 ; • Group 4 - OSDs 14, 15, and 24; • Group 5 - OSDs 2, 7, 18, and 23; • Group 6 - Village 6 McMillin (CFD 08M Area 1) and Village 6 Otay Ranch (CFD 08M Area 2); • Group 7 - Telegraph Canyon Road 1-805 to LA Fitness and Otay Ranch Village 1 West South Slopes (CFD 99-2); • Group 8 - Olympic Parkway 1-805 to SR-125, Eastlake Land Swap (Olympic Parkway, SR-125 to Hunte Parkway CFD 07M Area B), and Otay Ranch Village 2 (Santa Venetia CFD 13M). City of Chula Vista Page 2 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 251 File#: 14-0556, Item#: 12. Public Works staff prepared specifications and advertised the services by Bid Groups on August 15, 2014. A mandatory pre-bid meeting was held on August 20, 2014. The purpose of the meeting was to review and clarify the bid requirements. Staff explained that bids would be evaluated and contracts awarded by Bid Group to the lowest most competent and qualified bidder for each Bid Group. On September 2, 2014, the Director of Public Works received and opened three (3) bids from the following companies: • Aztec Landscaping, Inc. • Blue Skies Landscape, Inc. • Brickman Group The lowest qualified bidders recommended for award are as follows: Bid Group Contractor Annual Amount ($) 1 Brickman Group 181,728.00 2 Blue Skies Landscape, Inc. 517,186.99 3 Aztec Landscaping, Inc. 192,413.76 4 Blue Skies Landscape, Inc. 217,293.28 5 Aztec Landscaping, Inc. 94,829.64 6 Blue Skies Landscape, Inc. 342,646.39 7 Brickman Group 140,241 .00 8 Aztec Landscaping, Inc. 226,592.16 Total 1,912,931.22 Contractor Annual Amounts 1 - Groups 1 & 7: Brickman Group = $321 ,969.00 2 - Groups 3, 5, & 8: Aztec Landscaping, Inc. _ $513,835.56 3 - Groups 2, 4, & 6: Blue Skies Landscape, Inc. _ $1 ,077,126.66 In reviewing the bids, staff determined that some of the documents provided by staff in the bid documents were in conflict with each other. This created an ambiguity in how costs were to be allocated within a Bid Group. Staff expected the costs to be allocated within a Bid Group in one manner; however, the way the bid documents were written, a bidder could have allocated these costs differently. Staff expected bidders to allocate costs for 40 hours, weekly, of irrigation systems maintenance within Bid Group 1 by 23% to District 1 and 77% to District 20 Zone 7. The Brickman Group, however, allocated the 40 hours of irrigation systems weekly maintenance costs within Bid Group 1 by dividing the costs equally among Districts 1, 17, and 20 Zone 7. When the costs were reallocated in the manner staff expected, there was no net change in the dollar amount and Brickman Group Bid was still the lowest bid ($18,399 less than the second lowest bidder) for that Group. As the bid documents stated that the contract would be awarded to the lowest, responsible bidder by Bid Group, the Brickman Group, regardless of the manner of its allocation of the costs, was the lowest bidder by Bid Group. City of Chula Vista Page 3 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 252 File#: 14-0556, Item#: 12. Therefore, staff recommends waiving the mathematical error in Brickman Group bid for Bid Group 1 , accepting the contractors' bids and awarding the landscape maintenance contracts to Aztec Landscaping, Inc., Blue Skies Landscape, Inc., and Brickman Group in the manner identified in the table above. The contracts are presented for your approval on the City's standard form, customized for this particular scope of work. Key provisions include: The contracts are for one year with three one-year options by mutual agreement of the contractor and City if work performance is satisfactory. Prices shall be firm for the first contract year. For the option years, price increases are based on change in the annual San Diego Area Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contracts without penalty. The contractors who bid on this project are not required to pay prevailing wages to persons employed by them for the work performed under this project. However, recent state legislation may impose prevailing wage requirements on the work to be performed during the term of the contract. If the City determines that it is required by law to pay prevailing wages, the City and Contractor shall amend the terms of the contract, as necessary, to ensure compliance with all applicable state and local laws governing the payment of prevailing wages. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong & Secure Neighborhoods and a Connected Community. This action supports the goal of a Healthy Community, which includes maintaining community open space for public enjoyment. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund from this action. All landscape maintenance costs will be borne by the respective property owners in each Community Facilities District. ONGOING FISCAL IMPACT The annual contract cost will be included in the annual budget for each Community Facilities District ATTACHMENTS 1 . Landscape Maintenance Standards 2. Map of Open Space Districts Staff Contact: Sam Oludunfe City of Chula Vista Page 4 of 4 Printed on 10/23/2014 2014-10-28 Agenda Packet powered by Leg age 253 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BRICKMAN GROUP FOR LANDSCAPE MAINTENANCE SERVICES FOR BID GROUP 1 OPEN SPACE DISTRICTS 1, 17 AND 20 (ZONE 7) IN THE AMOUNT OF $181,728; BID GROUP 7 TELEGRAPH CANYON ROAD 1-805 TO LA FITNESS AND OTAY RANCH VILLAGE 1 WEST SOUTH SLOPES (CFD 99-2) IN THE AMOUNT OF $140,241; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT WHEREAS the City has 42 Open Space Districts and Maintenance Community Facility Districts (collectively the "Districts") and levies an annual assessment on property owners within each district to provide funding for maintenance of common area spaces; and WHEREAS the City contracts with landscape firms to provide landscape maintenance services for the Districts; and WHEREAS in five Districts, the landscape maintenance contracts have lapsed; and WHEREAS on August 15, 2014, City staff issued a Request for Proposals for landscape maintenance services for common area spaces within five Districts; and WHEREAS in the Request for Proposal, the common area spaces within the five Districts were broken into two groups ("Bid Groups") as follows: Group 1 —OSDs 1, 17, and 20 Zone 7; and Group 7—Telegraph Canyon Road I-805 to LA Fitness and Otay Ranch Village 1 West (South Slopes); and WHEREAS a mandatory pre-bid meeting was held on August 20, 2014, to review and clarify bid requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid Group to the lowest responsible and responsive bidder for each Bid Group; and WHEREAS City staff received bids from three landscape maintenance companies and held a public bid opening on September 2, 2014; and 2014-10-28 Agenda Packet Page 254 WHEREAS the following bids were received for Groups 1 and 7: Name of Contractor Amount of Bid Brickman Group $321,969.00 Aztec Landscaping, Inc. $346,509.96 Blue Skies Landscape, Inc. $358,059.71 WHEREAS in reviewing the bids, staff determined that some of the documents provided by staff in the bid documents were in conflict with each other. This created an ambiguity in how costs were to be allocated within a Bid Group. Staff expected the costs to be allocated within a Bid Group in one manner; however, the way the bid documents were written, a bidder could have allocated these costs differently. Staff expected bidders to allocate costs for 40 hours, weekly, of irrigation systems maintenance within Bid Group I by 23% to District 1 and 77% to District 20 Zone 7. The Brickman Group, however, allocated the 40 hours of irrigation systems weekly maintenance costs within Bid Group I by dividing the costs equally among Districts 1, 17, and 20 Zone 7. When the costs were reallocated in the manner staff expected, there was no net change in the dollar amount and Brickman Group Bid was still the lowest bid ($18,399 less than the second lowest bidder) for that Group. As the bid documents stated that the contract would be awarded to the lowest,responsible bidder by Bid Group, the Brickman Group, regardless of the manner of its allocation of the costs,was the lowest bidder by Bid Group. Even with this error, Brickman Group's corrected bid of$181,728 is $18,339 lower than the second lowest bidder. Therefore, the staff recommends waiving the bid irregularity and awarding the contract for Group I to Brickman Group in the amount of$181,728; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does find,having considered the evidence presented in the documents and testimony at the hearing, that the error in the bid from Brickman Group is immaterial and that it is in the public interest to waive the error and accept the bid. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $15,000 to the Open Space District I Supplies and Services Category from the Open Space District I Fund for landscape maintenance services. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept the bid,waive the error in the low bid from Brickman Group as immaterial, award a landscape maintenance contract to Brickman Group for Open Space District Groups I and 7 in the amount of$321,969, and authorize the City Manager or his designee to execute the contract. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-10-28 Agenda Packet Page 255 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 3 EASTLAKE MAINTENANCE DISTRICT NO.1 ZONES A, B, AND D AND OPEN SPACE DISTRICT 31 IN THE AMOUNT OF $192,413.76; BID GROUP 5 OPEN SPACE DISTRICTS 2, 7, 18, AND 23 IN THE AMOUNT OF $94,829.64; BID GROUP 8 OLYMPIC PARKWAY 805 SR125, EASTLAKE LANDSWAP OLYMPIC PARKWAY SR125 HUNTE PARKWAY, OTAY RANCH VILLAGE 2 SANTA VENETIA (CFD 13M) IN THE AMOUNT OF $226,592.16; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT WHEREAS the City has 42 Open Space Districts and Maintenance Community Facility Districts (collectively the "Districts") and levies an annual assessment on property owners within each district to provide funding for maintenance of common area spaces; and WHEREAS the City contracts with landscape firms to provide landscape maintenance services for the Districts; and WHEREAS in eleven Districts, the landscape maintenance contracts have lapsed; and WHEREAS on August 15, 2014, City staff issued a Request for Proposals for landscape maintenance services for common area spaces within the eleven Districts; and WHEREAS in the Request for Proposal, the common area spaces within the eleven Districts were broken into three groups ("Bid Groups") as follows: Group 3 —Eastlake Maintenance Districts A, B, D, and OSD 31; Group 5 —OSDs 2, 7, 18, and 23; and Group 8 — Olympic Parkway I-805 to SR-125, Eastlake Land Swap (Olympic Parkway, SR-125 to Hume Parkway), and Otay Ranch Village 2 (Santa Venetia); and WHEREAS a mandatory pre-bid meeting was held on August 20, 2014, to review and clarify bid requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid Group to the lowest responsible and responsive bidder for each Bid Group; and WHEREAS City staff received bids from three landscape maintenance companies and held a public bid opening on September 2, 2014; and WHEREAS the following bids were received for Groups 3, 5, and 8: Name of Contractor Amount of Bid Aztec Landscaping, Inc. $513,835.56 Brickman Group $519,474.03 2014-10-28 Agenda Packet Page 256 Blue Skies Landscape, Inc. 1 $564,260.32 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $5,000 to the Eastlake Maintenance District No.I Zone A Supplies and Services Category; $20,000 to the Eastlake Maintenance District No. 1 Zone B Supplies and Services Category; $10,000 to the Eastlake Maintenance District No. I Zone D Supplies and Services Category from the Eastlake Maintenance District No. Fund; and$8,000 to the Open Space District 7 Supplies and Services Category from the Open Space District 7 Fund for landscape maintenance services. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista award a landscape maintenance contract to Aztec Landscaping, Inc. for Open Space District Groups 3, 5, and 8 in the amount of$513,835.56, and authorize the City Manager or his designee to execute the contract. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-10-28 Agenda Packet Page 257 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BLUE SKIES LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 2 OPEN SPACE DISTRICT 20 ZONES 2, 3, 4, 5 AND 6 IN THE AMOUNT OF $517,186.99; BID GROUP 4 OPEN SPACE DISTRICTS 14, 15, AND 24 IN THE AMOUNT OF $217,293.28; BID GROUP 6 MCMILLIN OTAY RANCH VILLAGE 6 - CFD 08M AREA 1, AND OTAY RANCH VILLAGE 6 - CFD 08M AREA 2 IN THE AMOUNT OF $342,646.39; APPROPRIATING FUNDS THEREFOR AS SPECIFIED IN THE BODY OF THIS RESOLUTION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT WHEREAS the City has 42 Open Space Districts and Maintenance Community Facility Districts (collectively the "Districts") and levies an annual assessment on property owners within each district to provide funding for maintenance of common area spaces; and WHEREAS the City contracts with landscape firms to provide landscape maintenance services for the Districts; and WHEREAS in nine Districts, the landscape maintenance contracts have lapsed; and WHEREAS on August 15, 2014, City staff issued a Request for Proposals for landscape maintenance services for common area spaces within the nine Districts; and WHEREAS in the Request for Proposal, the common area spaces within the nine Districts were broken into three groups ("Bid Groups") as follows: Group 2— OSD 20 Zones 2, 3, 4, and 5; Group 4— OSDs 14, 15, and 24; and Group 6—Village 6 McMillin and Village 6 Otay Ranch; and WHEREAS a mandatory pre-bid meeting was held on August 20, 2014, to review and clarify bid requirements and to emphasize that the bids would be evaluated and contracts awarded by Bid Group to the lowest responsive and responsible bidder for each Bid Group; and WHEREAS City staff received bids from three landscape maintenance companies and held a public bid opening on September 2, 2014; and WHEREAS the following bids were received for Groups 2, 4, and 6: Name of Contractor Amount of Bid Blue Skies Landscape, Inc. $1,077,126.66 Aztec Landscaping, Inc. $1,109,212.32 Brickman Group $1,118,842.48 2014-10-28 Agenda Packet Page 258 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $20,000 to the Open Space District 20 Zone 3 Supplies and Services Category and$25,000 to the Open Space District 20 Zone 4 Supplies and Services Category from the Open Space District 20 Fund; $10,000 to the Open Space District 15 Supplies and Services Category from the Open Space District 15 Fund; $10,000 to the Open Space District 24 Supplies and Services Category from the Open Space District 24 Fund for landscape maintenance services. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby award a landscape maintenance contract to Blue Skies Landscape, Inc. for Open Space District Groups 2, 4, and 6 in the amount of$1,077,126.66 and authorize the City Manager or his designee to execute the contract. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-10-28 Agenda Packet Page 259 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 1 PUBLIC WORKS (OPERATIONS) Open Space Landscape Maintenance Division Performance Standards Overview These principles describe landscape maintenance performance standards necessary to maintain areas of designated open space districts in a safe, attractive, and usable condition. Included in these standards are criteria covering irrigation, pruning, shaping and training of trees, shrubs and ground cover plants; fertilization, weed control, eradication of plant diseases and pests; mowing; brush clearance; maintenance and repair of fences, pathways and trails, walls, bollards, gates, benches, dog stations, bridges, lighting, irrigation and drainage systems. The Contractor shall furnish all labor, equipment, materials, tools, services, incidentals, and special skills required to perform the landscape maintenance as set forth in these specifications. Work Schedule The Contractor shall accomplish all normal landscape maintenance required between the hours of 6:00 A.M. and 6:00 P.M., from Monday to Friday. No maintenance functions that generate excess noise that would cause annoyance to residents of the area shall start before 8:00 a.m., except in the case of a situation deemed emergency in nature. The Contractor must establish a daily eight-hour work schedule, with a minimum of six hours on site, which corresponds to City-defined minimum manpower and equipment resource requirements. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances and inclement weather. Failure to complete the work as scheduled or as specified herein will result in the following actions: a. The sum of Two Hundred Fifty Dollars ($250) per day will be deducted and forfeited from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or specifications. b. Deficiencies: An additional amount equal to the costs incurred by completion of the work by an alternate service provider, whether it be City forces or separate private contractor, even if it exceeds the contract unit price, will be deducted from the Contractor's invoice. c. These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to schedule. 2014-10-28 Agenda Packet Page 260 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 2 d. Holidays: The City is closed and the Contractor shall observe the following City Hard Holidays: • New Year's Day—January 1 • Martin Luther King Day—Third Monday in January • Cesar Chavez Day—March 31 • Memorial Day—Last Monday in May • Independence Day—July 4 • Labor Day—First Monday in September • Veterans Day—November I I • Thanksgiving Day—Fourth Thursday in November • Day after Thanksgiving Day • Christmas Day—December 25 Public Convenience The Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets/roadways. Notification The Contractor shall provide written notice to the City listing exact starting dates of fertilization and other infrequent operations such as tree trimming, brow ditch clearing, etc. Such notice shall be furnished to the Director of Public Works or his designee at least ten (10) working days in advance of the starting date. City approval is required prior to commencement of work. Irrigation The Contractor shall have the ability to monitor and respond to web-based and other Central Irrigation Systems. Irrigation shall be done by the use of manual and/or automated systems, where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of this responsibility. All areas not adequately covered by a manual and/or automated sprinkler system shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc. necessary to accomplish this supplementary irrigation. The Contractor shall have a Reclaimed Water Site Supervisor Certificate from the local water purveyor. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. When negligence on the part of the Contractor results in excessive use or waste of irrigation water, water that is used in excess of the monthly budgeted amount may be estimated, with the cost of the excess water to be deducted from the contract payment. The City shall be the sole judge of what constitutes "excessive use or waste of irrigation water". Any damages to public or 2014-10-28 Agenda Packet Page 261 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 3 private property resulting from excessive irrigation or irrigation water run-off shall be charged against the contract payment unless the Contractor makes immediate repairs which must be to the satisfaction of the Director of Public Works or his designee. All irrigation controllers shall be turned off during periods of rain by the Contractor and turned back on and reprogrammed at the end of each rainy period. Periods during which the controllers are programmed off do not vacate the Contractor's responsibility to inspect, monitor, and repair the irrigation systems. The Contractor shall keep irrigation controllers, electric meters, pull boxes, and valve boxes clear of plant material, soil, debris, and any pests located within and maintain the system, at no additional cost to the City, from the electric and water meters, throughout the work site. This includes, but is not limited to, the replacements, repairs, adjustment, raising or lowering, straightening, and any other operation required for the continued efficient operation of the system. The City will compensate the Contractor for materials used in the repair of irrigation damaged by vandalism, theft, disappearance, or wear and tear of irrigation components through normal use. Contractor will be reimbursed for parts and up to 10% handling costs on approved irrigation repair invoices. Labor, tools, equipment, and other overhead expenses are considered to be included in the contract amount bid to maintain the district. Upon receipt of an approved invoice from the Contractor itemizing the materials involved, payment will be processed in accordance with established terms. The Contractor will be responsible for monitoring and maintaining irrigation parts costs within the established budget for the District. Any necessary parts purchases that may exceed the annual budget for parts in a District must have pre-approval from the Inspector for the District or risk non-payment. The City reserves the right to designate suppliers for these repair materials. A written report shall be submitted by the Contractor for all occurrences of vandalism, theft, disappearance, or worn out irrigation components, detailing the quantity, size, and location no later than five (5) working days after the discovery of such occurrence. Contractor's failure to meet this requirement will result in Contractor responsibility for total repair costs. The Contractor shall periodically inspect the operation of the irrigation system for any malfunction. This periodic inspection shall occur at least once each week. Any replacement must conform to the type and kind of existing system. The Director of Public Works or his designee must approve any deviation from the existing type in writing. The Contractor shall, at the beginning of the maintenance period, inspect the entire sprinkler system with the City's representative to become familiar with the locations of valves, heads, controllers, electric valves,meters, and hose bibs. 2014-10-28 Agenda Packet Page 262 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 4 Special attention shall be directed to the maintenance of sprinkler equipment. Risers shall be adjusted by extension and location as plant material grows up and/or spreads out and adversely affects performance of the sprinklers. The Contractor shall promptly repair any damage to, or malfunction of, the irrigation system. At no time will irrigation systems be shut down for extended periods—repairs are to be made as discovered and reported. Required Irrigation Reports All irrigation systems shall be visually inspected a minimum of once per week, including reading and documenting the numbers from each water meter servicing the landscape. Full and complete irrigation systems check, including a mainline leak test, shall be performed monthly. This information shall be included within the monthly irrigation tracking report(see attached form). The Monthly Irrigation Tracking Sheet and any repair invoices for parts and handling from the prior month shall be submitted to the Open Space Inspector for each area by the fifth day of each month prior to authorization of monthly maintenance payments. The Contractor shall also provide a spreadsheet report showing cumulative monthly water usage for each water meter. The City may require a change in the irrigation schedule at any time if it becomes necessary for water conservation. The contractor shall be responsible for input and maintenance of irrigation schedules and programs as directed by the City. Reclaimed water The Contractor will be responsible for following and complying with all local, state, and federal laws related to reclaimed water irrigation installation and operation. This includes preparing for and participating in any and all water agency or Department of Health inspections and walkthroughs. Water Conservation The Contractor shall abide by any and all water conservation programs currently in effect by the water purveyor and will be responsible for compliance with any emergency guidelines,rules, and regulations effected during water crises. Failure to observe, obey, and comply with the aforementioned will be the financial responsibility of the Contractor. For example, negligent or untimely irrigation system maintenance producing water waste resulting in citations or fines by the water purveyor will be the responsibility of the Contractor. Irrigation scheduling programs will be set by the Department of Public Works or its representative. Any changes in programming must be done with prior City approval. Irrigating Trees and Shrubs The City at its sole option may decide to plant new trees and/or other landscape material within the maintained area. The Contractor shall be responsible for providing adequate supplemental irrigation following planting to facilitate new growth during the establishment period. The Contractor at no additional cost to the City shall provide additional weed control, irrigation 2014-10-28 Agenda Packet Page 263 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 5 maintenance, and plant maintenance required until plants are established. Maintaining Shrubs and Ground Cover Plants All shrubs and ground cover plants growing in the work area shall be pruned, as required, to maintain plants in a healthy growing condition. Dead or damaged limbs or branches shall be removed immediately and all pruning cuts shall be made properly and cleanly with sharp pruning tools, with no projections or stubs remaining. All plant pruning shall be accomplished in a manner which will permit the plants to grow naturally in accordance with their natural/normal growth characteristics. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. A formal hedge, whether new or established, should be tapered so that it is wider at the bottom than the top, ensuring the lower part will get the sunlight it needs for healthy growth. Remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Shrubs and mounding plants shall not exceed two feet (2') in height within areas required for vehicular sight distance depending upon roadway topography. The Contractor shall: • Trim ground cover plants adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance. • Keep ground cover plants trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. • Not allow ground covers to grow up trees, into shrubs, or on structures or walls. • Keep ground covers trimmed back approximately twelve inches (12") from structures or walls. • Coordinate trimming around base of shrubs/trees with the City Representative. Weed and Pest Control All landscaped spaces within the specified maintenance area shall be continuously kept free of weeds at all times. This means that complete removal of all weed growth shall be accomplished on a continual basis as weeds appear, and not just once every 30 days. Weeds shall be controlled by hand, mechanical, or chemical methods. Effective pest control, including the control of vertebrate pests such as gophers, moles, and all such shall be performed in a safe manner for maximum control and also to minimize exposure to the surrounding environment. Weed and pest controls must include the use of integrated pest management (IPM) practices wherever possible. Monitoring of pest populations and natural predators, cultural practices to 2014-10-28 Agenda Packet Page 264 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 6 promote healthy, pest-resistant plant material are just a few examples of techniques that can be employed to minimize and augment chemical methods. Pesticides shall be applied at appropriate times which limit the possibility of environmental contamination through climatic or other factors and at the proper life cycle stage of the pests. Early morning application shall be used when possible to avoid environmental contamination from drift. Application of all pesticides shall be carried out only by State-Licensed Pest Control Operators or Qualified Applicator License (QAL)holders. Weed control chemicals shall be approved by the City prior to application. The Contractor is responsible for obtaining and maintaining site-specific written recommendations from a Pesticide Advisor prior to any applications. The Contractor is also responsible for all chemical use reporting required by the Department of Pesticide Regulation (DPR) in any area where herbicide and pesticide application will take place. Material Safety Data Sheets (MSDS) are required for all proposed chemical applications. All noxious plant materials such as, but not limited to, poison oak, wild mustard, pampas grass, tamarix,Arundo cane, tumbleweeds, etc., shall be removed immediately by hand. All pathways, sidewalks, curbs, and gutters shall be kept free of weeds by use of contact weed control chemicals. Weed grasses as well as broadleaf weeds shall be kept out of shrubs and groundcovers. Weeds and plant materials removed shall be disposed off site by the Contractor in a manner consistent with Federal, State, and Local rules and regulations. Turf and other plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made after receiving notice from the City. Fertilization: Composition,Packnin, Schedule,Rate of Application All proposed fertilizers must be approved by City staff prior to purchase or application in the field. All fertilizers must be of a homogeneous blend, and must be pre-approved prior to purchase, and an Open Space Inspector must count all bags,prior to application. Fertilizer shall be provided in fifty-pound (50-1b), multi-wall paper bags, polyethylene-lined for moisture resistance, or plastic bags. The fertilizers shall be brought to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. Damaged packages will not be accepted. The Contractor shall furnish the Director of Public Works or a designated representative with signed legible duplicate copies of all certificates and invoices for all fertilizer to be used. 2014-10-28 Agenda Packet Page 265 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 7 The invoices must state the grade, amount, and quantity received. The Director of Public Works or his representative on site must sign both the copy to be retained by the City and the Contractor's copy before any material may be used. The Contractor may not begin the actual fertilizer application until approval by the City has been obtained. Additionally, the Contractor shall submit as part of his written notice a schedule showing the site, amount of fertilizer (in number of bags) to be applied in the District, proposed date of application, and the approximate time of application of the fertilizer. Fertilizer type proposed requires prior City approval. The City shall be the sole judge of the acceptability of a fertilizer type. Material Safety Data Sheets (MSDS) shall be provided upon submittal of fertilizers for approval. Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer to rest directly on the soil surface. Care shall be taken to ensure the fertilizer does not become caught in the plant foliage above the soil line. Excessive watering must be avoided to prevent the erosion of fertilizing materials or soil. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation shall continue without interruption. Fertilization: Trees, Shrubs, Ground Covers Fertilization of all trees, shrubs and ground cover plants, including plantings on hydroseeded banks within the District, shall be accomplished two (2) times per year by using an approved commercial grade fertilizer. Fertilization shall be applied within the following time frames: 1. Sept 15-30 2. April 15-30 Fertilizer with a formulation of 12-4-6 or equivalent shall be applied at one (1) pound of actual nitrogen per 1,000 square feet of planted area for shrubs, vines groundcovers, and trees. Acceptable organic fertilizer would contain a combination of naturally derived organic components and synthetic organic and inorganic components. The organic portion will be derived from dehydrated poultry manure obtained primarily from layers. Combining the various components creates a mixture of materials that will stimulate microbial activity in the soil in a way that enhances conversion of nutrients into forms usable by plants. The manure should be heat-treated below the combustion point to remove moisture and kill any pathogens that may be present. Product will be routinely tested for presence of enteric bacteria. Composted organic components will not be acceptable. Any equivalent formulation must have the ability to lower pH in the short term to facilitate uptake of nutrients by plant materials. 2014-10-28 Agenda Packet Page 266 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 8 Fertilization: Turf Fertilization of all lawn areas within the designated work area shall be accomplished four (4) times per year with approved commercial grade fertilizers. Fertilizer shall be applied to lawns within the following time frames: 1. September 1-15 2. November 15-30 3. March 1-15 4. June 1-15 Fertilizer shall be applied at one (1) pound of actual nitrogen per 1,000 square feet of planted area. Fertilization must occur in the months listed above and shall be accomplished to achieve an even green appearance. If fertilization results are patchy, remedial fertilizer must be applied immediately at the Contractor's expense. Acceptable fertilizers include: June application = Super Turf, September application = Super Iron 9-9-9; November application = Nitra king; March application=Iron Advantage; or pre-approved equivalents. Lawn Maintenance Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing in returning the grass to the accepted height for the species of grass being mowed. Inclement weather may preclude adherence to the frequency schedule. The Contractor may request alteration of this mowing frequency from the Director of Public Works or his designee for reasons of rain or prolonged cold. The Contractor shall bag all lawn clippings. The following mowing schedule shall apply to all Code 2 lawn areas listed in the bid portion of the contract document: Mowing Feauency & Requirements March 1 —November 30 1 time each week December 1 —February 28 1 time every 2 weeks All turf shall be edged adjacent to all improved surfaces. Where no improved surface exists, turf edges shall be maintained if the turf area abuts a shrub bed, property line, or to maintain turf delineation. Lawn areas shall be aerated a minimum of two (2) times each year and will be scheduled to occur during the following time frame: 1. April 15-30 2. August 15-30 Under adverse conditions or as a result of high use where turf is suffering from compaction, aeration may be necessary at more frequent intervals. Aeration shall be done with a power-driven or tractor-pulled aerator using one-half-inch coring tines. 2014-10-28 Agenda Packet Page 267 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 9 In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation, shall continue without interruption. Tree Maintenance Trees shall be pruned as required to remove dead, diseased, crowded, broken, or hazardous branches or for safety. The Contractor performing the tree work shall be responsible for targeted pruning that will ultimately develop proper tree scaffold branches, strength, and appearance consistent with current International Society of Arboriculture (ISA) and ANSI A300 pruning Standards. All major tree pruning operations shall be scheduled and approved by the City Representative before work begins. All routine annual tree trimming shall begin November 1 and be completed no later than January 31. The Contractor shall check and correct tree stakes, ties, and guys as needed, adjust ties to prevent girdling, remove unneeded stakes, ties, and guys per City's request, and replace broken stakes as required. Topping of trees will not be allowed. Climbing spurs, except in the case of emergency or tree removal, will not be allowed. Pruning shall be done under the direction of a Certified Arborist, utilizing proper techniques to promote healthy growth and to avoid damage from improper tree pruning methods. Tree wound dressing will not be allowed. When pruning Canary Island palm trees, equipment shall be disinfected before and after trimming each tree and prior to progressing to the next tree. Low overhanging branches shall be maintained at a minimum height of fourteen (14) feet above street/roadway grade. Low branches overhanging sidewalks and parkways shall be maintained at a minimum height of eight (8) feet above grade. Ailing or stunted trees that fail to meet typical growth expectations shall be brought to the attention of the City Representative. Under no circumstances will stripping of lower branches of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). If there are doubts or questions, contact the City Representative. All trees shall be maintained in their natural shapes. The Contractor shall continuously remove "hanger" limbs and other obvious safety hazards as required. Trees lost from causes other than Contractor's negligence shall be removed and replaced by the Contractor with 15-gallon size trees at the City's expense. The Director of Public Works or his designee may specify an alternate tree species to replace the tree that was lost in each case. Any 2014-10-28 Agenda Packet Page 268 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 10 tree leaning or showing signs of root heaving shall be brought to the attention of the Director of Public Works or his designee. If, in the judgment of the Director of Public Works, the tree must be removed, the Contractor shall, at his sole expense, remove said tree by flush-cutting. Undesirable growth from the remaining stump shall be controlled by a City-approved method. In performing periodic operations as required herein, routine grounds maintenance services at the same work site such as, but not limited to, litter control, weed control, and irrigation shall continue without interruption. Low Flow and Brow Channel Maintenance During the months of September and October, the Contractor shall clean all soil and debris from the channels and cut all the overhanging plant materials back such that staff can easily walk all ditches for inspection. All plant materials and debris, other than soil and rocks, shall be removed from the job site. During the year,removal of woody plant materials growing in the cracks or edges of the channel shall be removed to prevent damage to the concrete. Also, any loose materials, other than soil, shall be removed during the contract year. Following the rainy season, removal of accumulated sedimentation will be required. Removal of Debris Promptly after the pruning, trimming, weeding, edging, and other work required, the Contractor shall remove all debris generated by his/her performance of the work. Immediately after working in the areas of public walks, driveways, medians, or paved areas, they shall be thoroughly cleaned. All areas shall be kept free of, but not limited to, the following: bottles, cans, paper, cardboard, and metallic items. Removal of common debris, including emptying of waste receptacles, shall be performed on a continual basis with a minimum of once a week pick-up. Areas containing medians,walkways, or asphaltic concrete, stamped or textured concrete, and/or concrete shall be swept as needed to maintain such walkways and areas in a safe and attractive manner. Replacement of Plant Materials The Contractor shall replace any tree, shrub, or ground cover plant which is damaged or lost as a result of faulty maintenance at no additional cost to the City. The Director of Public Works or City representative shall be the sole judge of what constitutes "faulty maintenance". Any plant damaged or lost through vandalism shall be replaced at City expense. Charges for replacement of plants and trees lost through vandalism shall be at a mutually negotiated amount. At the City's sole discretion, it may be desirable to replace certain plants during the contract term. The Director of Public Works or City representative shall determine the necessity or desirability of such plant replacement. The Contractor shall be responsible for the maintenance 2014-10-28 Agenda Packet Page 269 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 11 of the replacement plants at no additional cost to the City. The City will be responsible for the cost of replacing the plants. Brush Clearance Contractor will be responsible for yearly brush clearance where the Open Space District borders private property and when directed by the City's Fire Marshal. A standard clearance of 10 feet from property line will be maintained with a minimum of 30 feet distance from any private residence. In areas where the residence may be closer than 20 feet to the property line, additional clearance may be required to establish the 30 feet minimum clearance. The Contractor shall take notice of potential areas to be cleared during the pre-bid inspection as no adjustment in contract pricing will be allowed after contract award. Cleared material shall be legally disposed of from the work area. Environmental Regulations The Contractor is required to abide by all local, state, and federal laws related to environmentally sensitive lands located within the District. Large portions of Code 4 and Code 5 areas are located within Multiple Species Conservation Plan (MSCP) areas and may contain protected or endangered species. Any maintenance activities performed within these areas will be subject to all regulations contained within the MSCP and must be pre-approved and closely monitored by City of Chula Vista Environmental Planning staff. 2014-10-28 Agenda Packet Page 270 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 12 OPEN SPACE LANDSCAPE MAINTENANCE AREA CODE DESCRIPTIONS CODE# AREA IDENTIFICATION CODE DESCRIPTION I Areas containing permanent irrigation systems planted in ground cover, shrubs, and trees. Code 1 areas shall be kept weed-free at all times.Plant materials and grasses not consistent with established plantings are considered weeds. Any areas not fully covered with planned ground CODE 1 covers are to be replanted by the contractor and grown to fully cover the areas during the normal growing season,at no additional cost to the City. Weeding shall be done as necessary to create a well-balanced appearance. 2 Code 2 areas are lawns with permanent irrigation systems. Weeding shall be done as necessary to create a well-manicured appearance. CODE 2 Areas containing permanent irrigation systems initially planted with 3 hydroseed mix,ground covers, shrubs,and trees. Code 3 areas shall be kept weed-free as required by the Director of Public Works or his designee. Weeds are considered plants (wild flowers and grasses) not consistent with the original hydroseed mix. The intent CODE 3 is to maintain healthy vegetation for erosion control purposes. Code 4 areas contain permanent or temporary irrigation systems 4 in natural open space lands and slopes with indigenous plant growth. The Contractor shall do weed abatement in these areas, as required by the Director of Public Works or his designee, to control noxious plant materials such as tumbleweeds, pampas CODE 4 grass, tamarix,Arundo cane, etc. The Contractor shall maintain trails on a weekly basis to insure clear, smooth, trash-free travel routes, quarterly grooming to include re-compacting of loose material, and immediate response to needed repairs after rain. events.Trail maintenance includes header boards and curbing. 5 Two times per year, areas of non-irrigated open space shall be cleaned of debris including but not limited to the following: bottles, cans, paper, cardboard or metallic items. Removal of noxious plant materials such as tumbleweeds, pampas grass, CODE 5 tamarix, arundo cane, etc, as directed by the Director of Public Works or his designee. Deficient Performance The Contractor shall be notified verbally or in writing each time performance is unsatisfactory 2014-10-28 Agenda Packet Page 271 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 13 and corrective action is necessary. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification: a. Major irrigation malfunction must be repaired within twelve (12) hours. b. Public Health and Safety issues (Risk Management) shall be corrected immediately upon notification from the City Representative. c. Failure to comply with City-defined minimum manpower requirements will result in the immediate deficiency deduction of Two Hundred Dollars ($200) per person per day from payments to the Contractor. d. Failure to immediately comply with conditions, specifications, schedules, and directives from the City Representative or Public Works Director will result in a deficiency deduction of Two Hundred Fifty Dollars ($250) per instance from payments to the Contractor. e. Failure to mow, edge, trim, hedge, aerate, sweep, pick up trash/debris, perform brow channel or trail maintenance,perform brush management, apply chemicals, or prune in an approved, professional manner as specified in this contract or as directed by the City Representative or Public Works Director will result in a $250 per day deduction until all deficiencies are corrected. f. Failure to comply with water restrictions imposed by Local Water Authorities will result in a deficiency deduction of Two Hundred Fifty Dollar ($250) per occurrence. In addition, the Contractor shall be responsible for all other penalties imposed by Water Authorities due to Contractor neglect. g. Failure to respond to an emergency page/cell call during working hours within fifteen (15) minutes will result in a $250 deficiency per occurrence. Failure to respond to an emergency page/cell call outside of normal hours within sixty (60) minutes will result in a $250 deficiency per occurrence. Failure to comply with the Regional Water Quality Board/National Pollutant Discharge Elimination System (NPDES)restrictions/guidelines imposed by Local Water Authorities will result in a deficiency deduction of Two Hundred Fifty Dollars ($250)per occurrence. Additionally, the Contractor shall be responsible for all other imposed penalties by Water Authorities that are related to Contractor neglect. h. Failure to submit all monthly irrigation-tracking sheets will result in a deficiency deduction of Two Hundred Fifty Dollars ($250.00)per occurrence. Withholding of Payments 2014-10-28 Agenda Packet Page 272 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 14 The City may withhold or permanently retain payments to such extent as may be necessary to protect the City from loss due to: 1. Work required in the specifications, which is defective, incomplete, or not performed. 2. Claims filed against the City for damage caused by the Contractor's acts or reasonable evidence indicating probable filing of claims. 3. Failure of the Contractor to make proper payments to subcontractors for materials or labor. 4. A reasonable doubt that the contract can be completed for the unpaid balance. Failure to Perform Satisfactorily It is agreed and understood that if the Contractor fails to perform the work as required, the Director of Public Works (1) will pay only for the amount of service received as determined solely by the City, with an appropriate downward adjustment in contract price, or (2) may have such required work done by City crews or otherwise and charge the cost thereof to the Contractor or Contractor's surety agent. Those discrepancies and deficiencies in the work that remain uncorrected may result in billing adjustments in the following month. Billing adjustments for this unsatisfactory service shall be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. Should failure to perform persist, the City reserves the right to take action against the performance bond or terminate the contract. 2014-10-28 Agenda Packet Page 273 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 15 General Conditions Bidder's Security A bid security in an amount equal to ten percent (10%) of the bid is required. The bid security may be furnished in the form of cash, cashier's check, certified check, or a bid bond. If the bid security is a bond, it shall be executed by a surety company authorized to transact business in the State of California. The bid security must be included in the sealed envelope with the bid proposal. Faithful Performance Bond Contractor shall furnish the City with a surety bond conditioned upon the faithful performance of the contract. The bond shall be in a sum equal to twenty-five percent (25%) of the amount of contract price. This bond shall be executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista. An endorsed Certificate of Deposit, money order, or certified check may be provided in lieu of an actual bond. Such bond or deposit shall be forfeited to the City in the event that the contractor fails or refuses to fulfill all performance requirements of the contract. If the contract is optioned for future years, for the purpose of renewing the contract, the Contractor shall provide a new valid faithful performance bond no later than thirty (30) prior to the current faithful performance bond expiration date. Failure by the Contractor to provide the new faithful performance bond shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. Payment Bond Contractor shall furnish the City with a payment bond in a sum equal to twenty-five percent (25%) of the amount of contract price. The payment bond shall be provided with and in a form similar to the performance bond. The payment bond shall guarantee that all laborers, material suppliers, and subcontractors will receive full payment for their services. If the contract is optioned for future years, for the purpose of renewing the contract, the Contractor shall provide a new valid payment bond no later than thirty (30) days prior to the current payment bond expiration date. Failure by the Contractor to provide the new payment bond shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. Insurance A. Contractor shall, throughout the duration of the contract, maintain comprehensive general liability, property damage, and automobile insurance, or commercial general liability insurance, covering all operations of Contractor, its agents and employees, performed in connection with the contract, including but not limited to premises and automobiles. 2014-10-28 Agenda Packet Page 274 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 16 B. Contractor shall maintain the following minimum limits: General Liability Combined Single Limit Per Occurrence $1,000,000 General Liability $1,000,000 Property Damage $1,000,000 Automobile Liability $1,000,000 The City reserves the right to require insurance for a higher coverage than the minimum limits. C. All insurance companies affording coverage to the Contractor shall be required to add the City of Chula Vista as an "additional insured" under the insurance policy for all work performed in accordance with the contract. All insurance companies policies shall be issued by a carrier that has Best's rating of "A; Class V" or better, or shall meet the approval of City's Risk Manager. D. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Chula Vista should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. E Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement, shall be submitted to the Purchasing Division within ten (10) days after the award of a Contract. This endorsement must be on a separate "Schedule B". Contractor shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Contractor to provide such a substitution and extend the policy expiration date shall be considered a default by Contractor and may subject the Contractor to a suspension or termination of work under the contract. Insurance Certificates shall not include "Modified Occurrence" restrictions. No substitutions shall be allowed. Worker's Compensation Insurance The Contractor shall also carry Worker's Compensation insurance in statutory amount and Employer's Liability coverage in an amount not less than $500,000 and up to $1,000,000 at the City's discretion; evidence of which is to be furnished to the City in the form of Certificate of Insurance. 2014-10-28 Agenda Packet Page 275 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 17 Hold Harmless and Indemnification Contractor shall defend, indemnify, protect, and hold harmless the City of Chula Vista, its elected and appointed officers and employees, from and against any and all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by the contract, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Contractor's indemnification shall include any and all costs, expenses, attorney's fees, and liability incurred by the City, it's officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Contractor at its sole expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Contractor's indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. Taxes All applicable State or Federal taxes shall be considered as included in the amount paid for services performed. The Contractor shall be responsible for payment of such taxes to the proper governmental authority. Licenses and Permits Contractor and all subcontractors, if any, shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code, State of California. Contractor shall procure all licenses and permits required to perform the work described. Contractor shall further pay all charges and fees required to maintain required licenses and permits. The Contractor and subcontractors shall possess a valid City of Chula Vista Business License while performing work within City limits. Term Contractor shall perform all services required as specified on the Bid Form through June 30, 2015. The City may elect to exercise options to renew the contract for three (3) additional one (1) year periods ("option years"): (1) July 1, 2015 through June 30, 2016 (2) July 1, 2016 through June 30, 2017 (3) July 1, 2017 through June 30, 2018 Additional extensions of one (1) year, or part thereof, shall be by mutual agreement of the Contractor and City. In the event the Contractor chooses not to accept the City's offer to renew the contract through an Option Year extension, the Contractor is required to notify the City of such no 2014-10-28 Agenda Packet Page 276 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 18 less than ninety(90) days prior to the start of the Option Year extension. Price Adjustment Clause Prices shall be firm for the initial contract period. However, if it is determined that the San Diego Area Consumer Price Index for Urban Wages Earners and Clerical Workers (CPI-W) has changed for the option years, the Contractor, after (1) giving written notice of such change, and (2) furnishing the City with copies of the change (from January 1 of the previous year to January 1 of the current contract year); may adjust the price quoted to the City by an amount not to exceed the percentage variant in the CPI-W during the previous 12 months, or five per cent(5 %) of the price quoted, whichever is less. Only one (1) price adjustment will be allowed for each option year. Written requests for option year price adjustments shall be made prior to April 1 of the contract year. The City reserves the right to accept option year price increases or terminate the contract without penalty. Measurement of Quantities for Unit Price Work The estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids. The City of Chula Vista does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease by any amount or to omit portions of the work as may be deemed necessary or expedient by the City with no adjustment in unit price. The City of Chula Vista reserves the right to use Contractor unit pricing to facilitate Developer turn-overs for landscaped area being added to any CFD area or adjacent to CFD maintained areas. Cooperation Contractor shall work closely with the Director of Public Works in performing work required to achieve the result which the City expects Contractor to accomplish. The Director of Public Works may delegate authority in connection with this Agreement to the Open Space Manager. For the purposes of directing the Contractor's performance, authority is hereby delegated to the Open Space Manager. Inspection by City The City will inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately upon notification by the City. Maintenance services performed by the Contractor shall be performed to the satisfaction of City, Director of Public Works, or his designee. Method of Payment; Monthly Reports The Contractor will be paid monthly, in arrears, for work performed satisfactorily. By the fifth day of each month, the Contractor shall submit a detailed report of maintenance performed and materials used, areas and/or units affected, and staff hours expended in the prior month as well as 2014-10-28 Agenda Packet Page 277 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 19 the required Monthly Irrigation Tracking Form (see Irrigation section pie 3), irrigation parts billing and monthly maintenance billing. The monthly report shall also include a statement of all applications of herbicides, rodenticide, and pesticides detailing the chemical used, quantity, rate of application, area in which used, and the purpose of the application. Upon successful completion of a month's work, payment will be made equal to one twelfth of the annual contract bid price. Billing shall be in accordance with bid prices submitted and allowing for City approved adjustments, if any. Emergency Calls The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the Director of Public Works shall be referred to the Contractor for immediate disposition. Personnel The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, and to the satisfaction of the Director of Public Works, all work required under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The Contractor and his employees shall conduct themselves in a proper, safe, and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable uniform attire with a company-identifying marker(personnel fully clothed and wearing a safety vest with the company identification on the back will be considered suitable uniform attire). The Director of Public Works will require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City of Chula Vista. The Contractor shall have competent supervisors,who may be working supervisors, on the job at all times work is being performed, who are capable of discussing in English with the Director of Public Works matters pertaining to work required. Supervisors must have a minimum of three (3) years of actual field experience and must be able to demonstrate to the satisfaction of the Director of Public Works that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work which will be acceptable to the Director of Public Works. In addition, a non-working supervisor shall inspect all areas under the contract a minimum of once per month with the Director of Public Works or his designee. Independent Contractor Contractor's relationship to the City shall be that of an independent contractor. Contractor shall 2014-10-28 Agenda Packet Page 278 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 20 have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever. Contractor shall be solely responsible for the performance of any of its employees, agents or subcontractors under any contract awarded. Contractor shall report to the City any and all employees, agents, and subcontractors and/or consultants performing work, in connection with this project, and all shall be subject to prior approval of the City. Prevailing Wages Recent State legislation may impose prevailing wage requirements on the work to be performed by Contractor during the term of the contract. If the City determines that it is required by law to pay prevailing wages, the City and Contractor shall amend the terms of the contract, as necessary, to ensure compliance with all applicable State and local laws governing the payment of prevailing wages. Non-Discrimination The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this notice, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. Termination for Cause The following conditions constitute default for which the City may terminate a contract: A. Any material misrepresentation,whether negligent or intentional,by Contractor. B. Contractor's failure to perform any of its material obligations under a contract, including but not limited to: 1. Failure to perform any obligations reasonably within Contractor's control (including but not limited to lack of sufficient or adequate personnel, equipment, and/or materials); 2. Contractor's failure to promptly perform or correct any of its obligations; 3. Contractor's unapproved discontinuance of any of its obligations required under a contract; 4. Contractor's insolvency, filing for bankruptcy, or unapproved assignment for the benefit of creditors or otherwise; Prior to terminating a contract for cause, the City will first notify the Contractor in writing of such failure to meet the obligations of a contract. Within ten (10) calendar days of such written notice, Contractor shall have corrected the failure or shall have provided a written cure plan acceptable to the City that outlines its current or planned actions to correct such failure. If the Contractor fails to cure such breach or provide a written cure plan acceptable to the City within the ten (10) day time period, then the City shall have the right to terminate the contract by giving written notice to Contractor specifying the effective date of such termination. In addition to the remedy set forth above, the City retains the right to pursue any and all other available remedies under law or in equity, including but without limitation, action against the 2014-10-28 Agenda Packet Page 279 CITY OF CHULA VISTA BID NO.BOI-14/15 Page 21 performance bond. Where public interest or necessity demands the immediate termination of the contract to safeguard life, health, or property, the City may terminate the contract immediately without prior notice of deficiencies, and no opportunity to cure failures will be provided. Termination for Convenience City may terminate the contract at any time, and for any reason, by giving specific written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such termination. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. Contractor expressly agrees that no further penalties, remedies, or consideration would be forthcoming in the event of termination for convenience. Interpretation of Agreement The interpretation, validity and enforcement of any contract awarded shall be governed by and construed under the laws of the State of California. The Contractor shall be responsible for complying with any Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the contract shall be construed as not containing such provision, and all other provisions that are otherwise lawful shall remain in full force and effect, and to this end the provisions of the contract are severable. Administrative Claims Requirement and Procedure No suit shall be brought against the City arising out of a contract awarded, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista 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 the City, Contractor shall meet and confer in good faith with the City for the purpose of resolving any dispute over contract terms and conditions. 2014-10-28 Agenda Packet Page 280 gz 4-1 b 3 o � � � 000�00�00�0�00�0�0��000�000�0�0��00 i. . . . . . . . . . . . . In "j,IMM" 47 Y All, wU aW City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0569, Item#: 13. CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION AND A REZONE, DESIGN REVIEW, PLANNED SIGN PROGRAM, AND A VARIANCE PERMIT FOR A 97 UNIT MULTI- FAMILY APARTMENT COMPLEX ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET. APPLICANT: STONE CREEK CASITAS, LLC. A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3) ZONE (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW PERMIT, DRC-13-33 TO CONSTRUCT A 97-UNIT MULTI-FAMILY APARTMENT COMPLEX WITH CARPORTS, RECREATION BUILDING, AND ASSOCIATED OPEN SPACE ON 4.68 ACRES LOCATED AT 3875 MAIN STREET C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLANNED SIGN PROGRAM, PSP-13-09 TO APPROVE AN INCREASE IN SIGNAGE BEYOND THE MAXIMUM ALLOWABLE SQUARE-FOOTAGE, FOR A MONUMENT SIGN FOR THE 97- UNIT MULTI-FAMILY APARTMENT COMPLEX ON 4.68 ACRES LOCATED AT 3875 MAIN STREET D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A VARIANCE, ZAV-14-02 TO DEVIATE FROM THE MAXIMUM 3 1/2-FT. WALL HEIGHT IN THE FRONT SETBACK TO ALLOW A 6-FT. FENCE TO ENCLOSE THE SWIMMING POOL/RECREATION AREA ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET RECOMMENDED ACTION Council conduct the public hearing, place the ordinance on first reading and adopt the resolutions. SUMMARY The Applicant has submitted a Rezone, Design Review, Planned Sign Program, and Variance application in regard to the approval of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space. The 4.68-acre project site located at 3875 Main Street, is west of Otay Valley Road and the I-805 Freeway. The project site is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (see Locator Map, Attachment 1). City of Chula Vista Page 1 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 282 File#: 14-0569, Item#: 13. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-13-006, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant effects on the environment. However, revisions to the project made or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS-13- 006 and associated Mitigation Monitoring and Reporting Program. BOARD/COMMISSION RECOMMENDATION The Planning Commission considered the rezone on October 8, 2014 and voted (7-0-0-0) to recommend that the City Council approve the proposed rezone to change the property from a Limited Industrial (ILP) zone to an Apartment Residential (R3) zone. Pursuant to CVMC Section 19.14.050, when an Applicant applies for more than one permit or other approval for a single development, the applications shall be consolidated for processing and shall be reviewed by a single decision maker or decision-making body. The consolidated application shall be heard by the decision maker or decision-making body associated with the highest level action among the applications to be considered. Since the City Council is required to approve the Rezone application, all other applications shall be reviewed and approved by the City Council which includes the Design Review, Planned Sign Program, and Variance permit. On March 27, 2014, a neighborhood meeting was held where all commercial/industrial site owners, and residents in attendance, were in favor of the vacant site being developed. According to the residents, homeless people were living on the site and the natural drainage channel was not being maintained and created insect problems. The industrial site owner to the west expressed concerns with noise coming from his operation. Staff noted a 6-ft. solid wall will be placed along the zoning boundary line to buffer the noise for the residents. DISCUSSION Project Site Characteristics: The project is comprised of one vacant parcel located in the urbanized southwestern portion of the City of Chula Vista (Attachment 1-Location Map). The project site is relatively flat and is bisected by a natural drainage channel running northeast to southwest. Adjacent to Main Street, the site has a gradual slope difference of approximately 10-ft. Vehicular access is currently provided from a driveway located on Main Street that is shared with the property located to the south of the site. The parcel is surrounded by residential, commercial, and industrial uses. General Plan, Zoning and Land Use The project site is zoned as Limited Industrial (ILP) and has an RH (Residential High) General Plan land use designation. The following table specifies the existing land uses surrounding the parcel: City of Chula Vista Page 2 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 283 File#: 14-0569, Item#: 13. General Plan Zoning Current Land Use Site: Residential High Limited Industrial (ILP)* Vacant North: Limited Industrial Limited Industrial (IL) Industrial South: Limited Industrial Limited Industrial (ILP) Self Storage East: Residential Low Medium Single-Family Res. (R15P) Single-Family Homes West: Limited Industrial Limited Industrial (ILP) Industrial *City Council approval required for zone change from Limited Industrial(ILP)to Apartment Residential(R3). Project Description Rezone The Rezone proposes to change the zoning designation on the parcel from Limited Industrial (ILP) to Apartment Residential (R3) consistent with the General Plan. The proposed R-3 zone would then allow a 97 unit apartment complex through the issuance of a separate Design Review Permit. Design Review The overall proposal consists of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space. The proposal includes three (3) building plan types ranging from 5-unit to 20-unit buildings. The buildings will be three-story with a maximum height of 42-ft. The recreation building is two stories with two (2) residential units on the second floor with a maximum height of 30-ft. Pursuant to CVMC Section 19.28.060, the additional height above 28-ft. must be approved by the City Council. The floor plans, consisting of 63-one bedroom units, 34-two bedroom units, are sized at approximately 700 square-feet to 950 square-feet for each unit. The proposed floor plans for all units include a living room, kitchen, study, bedroom, and deck. Some units will have carports that are adjacent to the first floor units. Spanish style architecture incorporates three color schemes with materials such as light to dark colored stucco, tiled roofs, cultured stone, decorative metal railing & accents, decorative shutters, covered patios, and arched openings. Required parking is provided onsite with 58 carports and 123 open parking spaces. Onsite amenities include several open space areas throughout the project site consisting of a passive open space area in between buildings and along the existing channel, BBQ areas, children's garden area with play equipment, and a recreation building with a pool. There are several vehicle and pedestrian accesses on and off the site. Vehicles can access the site through two driveways, both along Main Street. A pedestrian ramp is provided off of Main Street and a pedestrian bridge connects residential Building No. 6 with the rest of the site, as well as providing access to the children's garden area along the western property line. Compliance with Development Standards The following Project Data Table shows the development regulations along with the applicant's proposal to meet said requirements: Assessor's Parcel Number: 629-130-22-00 Current Zoning: Limited Industrial, ILP City of Chula Vista Page 3 of 10 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 284 File#: 14-0569, Item#: 13. General Plan Designation: Residential High Lot Area: 4.68 acres PARKING REQUIRED: Parking spaces, PARKING PROPOSED: Carports = 58 broken down as follows: 1 .5 spaces for one spaces Covered (Solar Shade Structure)=67 bedroom units (63 units x 1 .5= 95) spaces Open parking (regular spaces) = 49 2.0 spaces for two bedroom units (34 spaces Compact= 2 spaces Disabled= 5 units x 2.0=68 spaces) Total: 163 parking spaces Total: 181 parking spaces spaces SETBACKS/HEIGHT REQUIRED: Front: SETBACKS/HEIGHT PROPOSED: 25 feet 15 feet Sides: 5 feet Rear: 20 feet Height: 24 & 64 feet 53 feet 30 feet (recreation bldg.) 28/45 feet* 42 feet (res. bldg.)* Principal buildings up to three and one half stories or 45 feet may be approved by the City Council; provided, it is found that the height, bulk, mass and proportion of all structures are compatible with the site,as well as in scale with structures on adjoining and surrounding properties in the area. Planned Sign Program The Planned Sign Program proposal is to allow an increase in signage to the front entrance monument sign along Main Street beyond what is allowed per Chula Vista Municipal Code Section (CVMC) 19.60.410. The monument sign is proposed to be a total of 36 square-feet, whereas the CVMC allows a maximum sign area of 12 square-feet and an additional 2 square-feet for vacancy status. Per CVMC Section 19.60.050J, the City Council may modify the rules as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of the sign. Variance The Variance proposes to deviate from the maximum 3 1/2-ft. wall height in the front setback along Main Street to allow a 6-ft. tubular steel fence to enclose the swimming pool/recreation area. ANALYSIS Rezone: The proposed use is located in a Limited Industrial (ILP) zone with a General Plan designation of Residential High. The Limited Industrial (ILP) zone does not allow for a 97 unit apartment complex, however, the Apartment Residential (R3) zone would allow a 97 unit apartment complex to be approved through a Design Review Permit. In addition to the Rezone and Design Review permit, the City Council is also being asked to consider a Planned Sign Program and Variance application associated with this project. In the 2005 General Plan Update, the City Council approved the General Plan designation change from Limited Industrial (IL) to Residential High (RH), in expectation of the property owners pursuing a future rezone and building a multi-family product on this site. The General Plan designation of Residential High allows 18-27 dwelling units per acre, for which the City of Chula Vista Page 4 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 285 File#: 14-0569, Item#: 13. R3 zone is appropriate for this type of use. Therefore, the proposed zoning designation of R3 is consistent with the General Plan. Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista Municipal Code Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a property is rezoned: 19.80.070 Chula Vista Zoning Code Modification A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE. Residential Estates Zones R-1 Single Family Residential R-2 One and Two-Family Residential Zone R-3 Apartment Residential Zone The property is being rezoned from an industrial zone to a residential zone. The above provision addresses property that is being rezoned from residential to residential; therefore, this provision is not applicable. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. The provision shall apply only to prezones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. The subject properties are currently designated ILP. The first sentence of the above language is what applies to this proposed rezone from an industrial to a residential category. The rezone of the property will only be rezoned to the maximum residential density, which is R-3, which complies with the Chula Vista Municipal Code Section 19.80.070D. City of Chula Vista Page 5 of 10 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 286 File#: 14-0569, Item#: 13. Pursuant to the SANDAG Trip Generation Guidelines, the 4.68 acre site could generate up to 936 average daily trips (ADT's) under the existing Limited Industrial (IL) zoning. A total of 758 trips could be generated under the Apartment Residential (R3) zoning. Therefore, the multi-family residential use will generate fewer trips than an industrial or commercial use, and the rezone is thereby consistent with Chula Vista Municipal Code section 19.80. The requested rezone requires City Council approval following a recommendation by the Planning Commission. On October 8, 2014 the Planning Commission voted in favor of the Rezone and recommended the City Council approve the Ordinance. Design Review Compliance with Chula Vista Design Manual- Multi-Family Building, Facade and Roof Articulation Heights and setbacks within the same building should be varied, and wall planes should be staggered both horizontally and vertically in order to create pockets of light and shadow and provide visual relief from monotonous, uninterrupted expanses of wall (CVDM p. IV-9). The exterior of the building would create both vertical and horizontal enhanced features to avoid monotonous building facades. The proposed building is a two and three-story stucco building with a variety of roof levels and different roof sloped angles. Various roof pop-outs and angles are provided along the building to create visual interest. A tower and arched openings are provided at the front entrance to the buildings. Arched openings are also provided off of balconies. Some of the upper floor windows are provided with canopies. The recreation center has arched columns along the walkway to the outdoor California Room, balconies, different wall planes, and an oversized chimney to provide visual interest. Materials/Colors Colors should be used to articulate entries or other architectural features. Variations in shade and tone can be used to enhance form and heighten interest. (CVDM p. IV-10) The building elevations consist of several design features to enhance the form and heighten interest. The buildings consist of three different color schemes with two colors for each building such as, "hymnos" and "wood ash," "heavy duty" and amber brew" and "Tia Maria" and "Rosemond" colors. A color and materials board will be available for City Council review at the hearing. The secondary stucco color will be used at building pop-outs, above the carport areas, and the trim around the windows will provide contrast. The roof consists of an "S" shape roof tile with three different colors, "Capistrano-tuscon blend," "Capistrano-walnut creek blend" and Capistrano-adobe blend." The buildings will be provided with wood accent with a "chocolate brownie" color, metal accents painted a "replanted" color, and door accent with a "Bruno" color. Other materials consist of wood shutters and three different types of cultured stone, "spring-stream stone," summer-stream stone" and "earth blend -river rock" at the base of the residential building and on the tower feature to accentuate the front entrance to the building. A decorative wrought iron design is placed on the ornamental wrought iron railing and tower feature. City of Chula Vista Page 6 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 287 File#: 14-0569, Item#: 13. The recreation area uses the cultured stone along the first floor building wall and on the chimney. Columns, arched openings, a decorative wrought iron design on the balcony railings and enclosing a portion of the California Room are also provided. Recessed windows with built up sill along with different sizes and shapes of windows are provided. Landscaping All areas not covered by structures, drives, parking or hardscape should be appropriately and professionally landscaped. Landscaping should generally constitute no less than 15 percent of the gross site area... (CVDM p. 11-27). The proposed landscaping will consist of street trees, shrubs and ground cover to enhance the front of the site, planters in between the garages, and within the open space area such as the BBQ picnic area. Several trees and shrubs have been added adjacent to the recreation building to enhance the outdoor portion of the area such as the California Room, fireplace and seating area, BBQ, and pool. Enhanced pavement will be provided at the front entrance driveway leading to the recreation center. A pedestrian trellis is provided at the entrance to the pedestrian paseo that connects to the main pedestrian walkway through the project site. Along this path enhanced paving is provided across the driveway, and access is provided to the main passive open space area and gathering space with BBQ and seating overlooking the existing channel. A children's garden area is provided with a wooden bridge, bench swing and items for the children to play with such as a log crawl, chalk board panel, sundial, gazing ball, and varied height log steppers. The landscaping along the existing channel on the Applicant's property has been enhanced to take advantage of the existing waterway scenery. Landscaping would cover 52 percent of the site, which meets the guidelines of the Chula Vista Landscape Manual. The City's Landscape Planner recommends approval of the conceptual landscape plan. The Applicant will be required to submit a construction landscape plan prior to the building permit approval. Trash Enclosures & Recycling Plans and specifications should be reviewed with the City's Conservation Coordinator in order to ensure compatibility with current refuse and recycling collection practices and to ensure compliance with applicable waste management requirements (CVDM p. IV-7). The City's Conservation Coordinator recommends approval of the location and size of the trash enclosures and has found them to be sufficient for the proposed use. Prior to the approval of a building permit, the Applicant will be required to submit an acceptable Recycling and Solid Waste Management Plan to the satisfaction of the City's Conservation Coordinator. Height Per Chula Vista Municipal Code (CVMC) Section 19.28.060, no principal building shall exceed either two and one-half stories or 28-feet in height. However, per CVMC Section 19.28.060A.2 principal buildings up to three and one half stories or 45 feet may be approved by the City Council; provided, it is found that the height, bulk, mass and proportion of all structures are compatible with the site, as well as in scale with structures on adjoining and surrounding properties in the area. City of Chula Vista Page 7 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 288 File#: 14-0569, Item#: 13. The surrounding area consists of one-story industrial buildings to the north and west, a two-story commercial building to the south and one-story residential homes to the east. The proposed buildings are located a significant distance away from the adjacent buildings. For example, the closest structures are the single-family homes with an approximate distance of 64-ft. away from the home's rear property line. Within this area there is an existing driveway easement, parking spaces, and landscaping in front of the proposed buildings. It is not uncommon to have a three-story structure in the R3 zone. Therefore, the additional height due to the location of the proposed buildings is found to be in scale with the surrounding properties in the area. Parking CVMC Section 19.62.050 requires 1.5 spaces for one bedroom units and 2.0 spaces for two bedroom units. Therefore, the required parking is 163 spaces. There are 58 carports spaces on the first floor of the residential buildings, 67 covered spaces with a solar shade structure, 49 open spaces, 2 compacts spaces, and 5 disabled spaces for a total of 181 parking spaces. The project exceeds the required parking by eighteen parking spaces. Planned Sign Program CVMC Section 19.60.410 requires a maximum residential sign area of 12 square-feet with an additional 2 square-feet that can be added for vacancy status. The proposed sign has a total of 36 square-feet, which exceeds the maximum limit. The Applicant is proposing the larger sign due to the location and visibility of the sign from Main Street. The Landscape Architecture Division is currently discussing the City's future street improvements along Main Street in regards to the widening or decreasing in width of Main Street, and any landscaping to be placed along the street edge. Since this plan is not in place yet, nor approved, the Land Development Division has requested a 24-ft. street dedication for possible future widening. With the property line moving back 24-ft., the monument sign would not be visible from Main Street. Therefore, the Applicant proposes to place the monument sign within the new right-of-way, adjacent to the main entrance, so the sign would be more visible along Main Street. An Encroachment permit will be required by the City to place the sign within the right-of-way. The sign will also be increased to 36 square feet to assist in the visibility of the sign. The maximum speed limit for vehicles along Main Street is 40 mph. With the increase speed volume along Main Street, compared to other streets within the area of 25 or 35 mph, and the location of where the sign will be placed, the Applicant expressed concerns with visibility of the sign to motorists. Once the City's street improvements are completed along Main Street, the sign will be moved to a permanent location, at the new property line, 24-ft. back as shown on the Project plans, Attachment 9. Per CVMC Section 19.60.050J, the City Council may modify the rules as to sign size, height, illumination, spacing, orientation or other non-communicative aspects of the sign. With the constraints to the location of the sign and current conditions of Main Street, Staff feels the total square footage of the sign is appropriate for this site. The monument sign is a total height of 5-ft. and has decorative elements around the sign such as boulders, stone pilasters, and heavy timber railing City of Chula Vista Page 8 of 10 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 289 File#: 14-0569, Item#: 13. to match the pedestrian bridge on the site. The colors and materials of the sign match the proposed buildings. The proposed sign will complement the buildings architecture and ties into the design features of the site. Variance Per CVMC Section 19.14.190A-D, the City Council may grant a variance in accordance with the variance findings, including establishing a hardship particular to the property that exists on the site and was not created by any act of the owner. One of the onsite amenities includes a recreation building with a pool that is located at the project's main entrance off of Main Street. Adjacent to Main Street, the site has a gradual slope difference of approximately 10-ft. Adjacent to this slope is an outdoor "California Room" with a fireplace, seating, BBQ area, built in benches with a fire table, that is adjacent to the recreation building. In proximately to these amenities is the pool, which has to be fully enclosed with a fence per the Building Code requirements for safety reasons. The Applicant proposed to place a 6-ft. tubular steel fence partially down a 2:1 slope within the front yard setback area, above the recreation area. The fence will not be visible from any adjoining properties along Main Street. In addition, it will be partially screened by a monument sign and landscaping. DECISION-MAKER CONFLICT No Property within 500 feet Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Project implements the City's Strategy 2.1 , which provides policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city. Furthermore, it implements the City Initiative 2.1 .2; Foster Opportunities for Investment in Western Chula Vista, by developing a vacant site with the proposed development of a multi-family project. CURRENT YEAR FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund. ONGOING FISCAL IMPACT Not Applicable. City of Chula Vista Page 9 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 290 File#: 14-0569, Item#: 13. ATTACHMENTS 1 . Locator Map 2. Planning Commission Resolution, PCZ-13-01 3. City Council Ordinance, PCZ-13-01 4. City Council Resolution, DRC-13-33 5. City Council Resolution, PSP-14-04 6. City Council Resolution, ZAV-14-02 7. Mitigation Negative Declaration 8. Disclosure Statement 9. Project Plans Staff Contact: Caroline Young City of Chula Vista Page 10 of 10 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 291 � rim � � p`` � ►iii ■ ■■ ■■ ■�., ,` -� �■ � � ■ra ■11■� _III _ � . � .. �■•rr• ■■�■■ ■� ■ __ _- �■ ■ � -- 111■_ IIIIIIIIIIIIIIII �I■ ■11 = 1111111111111111111/%��I■ �� '�� X111111111111/� _ ■. ■� �� ■� /Illllllllllllllr �► ��■� � ♦ ♦ 11� III /�i� _ � � I ► , � � • �1�1111�11��. ►. � 11111111■1 1■111■1■ _- :■■_ �III,1 ._ 111 :::::: JIM � 111 ■1111 � •''`�■ �� ■- i■1■ PROJE IC �■ 1111 -- 111 i■� ii is •• LOCRION ■■' __ ■■ ■■ Il a .. 111 ■■■��r■ �� :: CITY OF A VISTA 111111 M� MEW CHULA VISTA • • 111. ��■ ■ ■■■ .11 111: DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: APPLICANT • - Creek Casitas, LLC 1 MISCELLANEOUS PROJECT Project Summary: Proposed 97 multy-family apartment units. ADDRESS: 3875 Main St. SCALE: FILE NUMBER: NORTH No Scale .- iii • i 0 i HIM RESOLUTION NO. PCZ-13-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE PCZ-13-01 FOR 4.68 ACRES LOCATED AT 3875 MAIN STREET WHEREAS, on December 12,2013, a duly verified application for a Rezone was filed with the City of Chula Vista Development Services Department by Stone Creek Casitas,LLC_(Applicant); and WHEREAS,the application requests approval of an amendment to the adopted zoning map or maps established by Section 19.18.0 10 of the Chula Vista Municipal Code in order to rezone the project site from a Limited Industrial(ILP)Zone to Apartment Residential(R3)zone on 4.68 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 3875 Main Street(Project Site); and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study,IS-13- 006. Based upon the results of the Initial Study,the Development Services Director has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur;therefore,the Development Services Director has prepared a Mitigated Negative Declaration,IS-13-006 and associated Mitigation Monitoring and Reporting Program; and WHEREAS,the Director of Development Services set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing,together with its purpose,was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 8, 2014 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on, as set forth in the record of its proceedings therein, and having made certain findings, as set forth in the attached draft City Council Ordinance PCZ-13-01,recommends that the City Council approve the Project, based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find and determine as follows: Attachment 2 2014-10-28 Agenda Packet Page 293 L CERTIFICATION OF COMPLIANCE WITH CEQA The Planning Commission does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-13-062) has been prepared in accordance with the requirements of the California Environmental Quality Act(CEQA),the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and that all documents are on file in the Chula Vista Development Services Department and with the Secretary therefore, said documents constituting the record of these proceedings. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the attached draft City Council Ordinance approving PCZ-13-01,rezoning the Project Site from Limited Industrial (ILP)to Apartment Residential (R3). BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of October, 2014,by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo,Chair ATTEST: Pat Laughlin, Secretary Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-10-28 Agenda Packet Page 294 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-13-006 AND AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE A 4.68 ACRE PARCEL LOCATED AT 3875 MAIN STREET FROM LIMITED INDUSTRIAL (ILP) ZONE TO APARTMENT RESIDENTIAL (R3)ZONE L RECITALS A. Project Site WHEREAS,the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit"A,"attached hereto and incorporated herein by this reference; and B. Project; Application for Discretionary Approval WHEREAS,an application was made by Stone Creek Casitas,LLC(Applicant)to amend the Zoning Map to rezone a parcel consisting of 4.68 acres located at 3875 Main Street from Limited Industrial(ILP) to Apartment Residential(R3)(the"Project'')and was filed with the City of Chula Vista Development Services Department on December 12, 2013; and C. Environmental Review WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study,IS-13- 006. Based upon the results of the Initial Study,the Development Services Director has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur;therefore,the Development Services Director has prepared a Mitigated Negative Declaration,IS-13-006 and associated Mitigation Monitoring and Reporting Program; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 8, 2014, and voted 7-0-0-0 to recommend that the City Council approve the rezone in accordance with the Findings listed below; and WHEREAS,the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on October 8, 2014, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and Attachment 3 2014-10-28 Agenda Packet Page 295 Ordinance No. Page 2 E. City Council Record on Applications WHEREAS,a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on October 28, 2014 on the Project to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. IL NOW,THEREFORE BE IT ORDAINED,that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of its independent review and judgment and in consideration of any comments received during the public review process,and finding on the basis of the whole record before it that there is no substantial evidence that the proposed project will have a significant effect on the environment, and that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program(IS-13-006)has been prepared in accordance with the requirements of the California Environmental Quality Act(CEQA),the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and that all documents are on file in the Chula Vista Planning Department and with the Secretary therefore, said documents constituting the record of these proceedings,the City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program(IS-13-006)in the form presented. B. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on said ordinance was held on October 8, 2014 and the minutes and resolution there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers,shall comprise the entire record of the proceedings for any CEQA claims. C. APPROVAL OF ZONING REGULATIONS That the City Council does hereby approve the proposed rezone from Limited Industrial(ILP) to Residential (R3) for a 4.68 acre parcel located at 3875 Main Street. III. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance,is for any reason held to be invalid,unenforceable or unconstitutional,by a court of competent jurisdiction,that portion shall be deemed severable,and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance,irrespective of the 2014-10-28 Agenda Packet Page 296 Ordinance No. Page 3 fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict,applicable state and federal law and this Ordinance shall be construed in light of that intent. V. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney 2014-10-28 Agenda Packet Page 297 RESOLUTION NO. DRC-13-33 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A DESIGN REVIEW PERMIT, DRC-13-33 TO CONSTRUCT A 97-UNIT MULTI-FAMILY APARTMENT COMPLEX WITH CARPORTS, RECREATION BUILDING, AND ASSOCIATED OPEN SPACE ON 4.68 ACRES LOCATED AT 3875 MAIN STREET WHEREAS, on December 12, 2013, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Stone Creek Casitas, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space on approximately 4.68 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 3875 Main Street(Project Site); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-13-006, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Development Services Director has determined that the Project could result in significant effects on the environment. However, revisions to the Project made or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS-13-006 and associated Mitigation Monitoring and Reporting Program; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with it purpose,was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 28, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby makes the following findings: 1. That the proposed development will be consistent with the City of Chula Vista's General Plan, Title 19 of the Municipal Code, and the Chula Vista Design Manual. After the Rezone from ILP to R3 is approved by the City Council, the multi-family project is permitted within the R3 zone. The proposed multi-family use is permitted in the RH General Attachment 4 2014-10-28 Agenda Packet Page 298 Page 2 October 28, 2014 Plan designation and meets all of the development regulations as stipulated in the R3 zone as conditioned. The design of the apartment complex meets the intent of the Chula Vista Design Manual by providing architectural details, different color, materials, and different roof heights. 2. The design features of the proposed development are consistent with, and are a cost- effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The Project is in compliance with the Multi-Family Design Guidelines of the Chula Vista Design Manual, and is consistent with the R3 density requirements. The exterior of the building would create both vertical and horizontal enhanced features to avoid a monotonous building. The proposed building is a two and three-story stucco building with a variety of roof levels and different roof sloped angles. Various roof pop-outs and angles are provided along the building to create visual interest. A tower and arched openings are provided at the front entrance to the buildings. Arched opening are also provided off of balconies. Some of the upper floor windows are provided with canopies. The recreation center has arched columns along the walkway to the California Room, balconies, different wall planes, and an oversized chimney to provide visual interest. The apartment complex includes carports, covered parking, and open parking. A total of 163 parking spaces are required. The Project proposed 181 spaces. The total building height is 42-ft. for the residential buildings and 30-ft. for the recreation building, whereas the maximum building height per the R-3 zone is 45-ft. with City Council approval. The lot area and setback requirements are subject to the R3 zone. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE FINDINGS ABOVE, approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits, unless otherwise specified: Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1767. 3. Prior to the approval of building permits, the colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the City Council on October 28, 2014. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the 2014-10-28 Agenda Packet Page 299 Page 3 October 28, 2014 Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. 5. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 6. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Development Services Director. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved to the satisfaction of the Director of Development Services, prior to the issuance of the building permit. 8. The Applicant shall obtain approval by the Development Services Department of a sign permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 9. Applicant shall implement, to the satisfaction of the Development Services Director, the mitigation measures identified in the Mitigated Negative Declaration (IS-13-006) and Mitigation Monitoring and Reporting Program. Land Development Division/Landscape Architecture Division 10. The Applicant shall be required to pay Engineering Fees based on the final approved building plans for the project. • Sewer Connection and Capacity Fee • Traffic Signal Fee • Public Facilities Development Impact Fees • Western Transportation Development Impact Fees • Other Engineering Fees as applicable per Master Fee Schedule 11. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Street Improvement Plans c. Construction Permit 12. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is required prior to the issuance of the first Building Permit in accordance with CVMC 2014-10-28 Agenda Packet Page 300 Page 4 October 28, 2014 17.10.100. The current PAD fee for West Chula Vista Projects is $9,978 for Single Family, $7,405 for Multi-Family, $4,670 for Mobile Home, and $4,268 for Hotel/Motel. The PAD fee is adjusted on an annual basis on October 1 based on the Engineer Construction Cost Index. The payment of PAD fee amount in place at the time of the recording of the Final Map is required. The PAD fee for the project at this time is $727,015 (97@ $7,495/unit). 13. Prior to the approval of the building permit, the Owner/Applicant shall submit duplicate copies of all commercial, industrial or multifamily Projects in digital format, such as (DXF) graphic file, on a CD or through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City's Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drain on site. 14. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 18.16.220 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 15. The Applicant shall provide a circulation analysis demonstrating: a. Solid waste ruck movements. b. How cars can turn around when pulling out from the carport c. Location of visitor parking 16. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, or city easements will require an encroachment permit. 17. Streets or driveways within the complex shall be designated as private. 18. The Applicant shall demonstrate compliance with the Uniform Building Code, minimum sewer grade (2%) from the farthest unit on the site to the sewer main to the public sewer main. 19. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of building permits in accordance with Municipal Code Chapter 15.05. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- Development and Post-Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post-Development flows exceed Pre-Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. 2014-10-28 Agenda Packet Page 301 Page 5 October 28, 2014 c. Drainage study shall also demonstrate that no property damage will occur during the 100-year storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the property owner(s). 20. The Applicant shall provide two copies of the following technical reports with the 1St submittal of grading plans: 1. Drainage study 2. Water Quality Technical Report 3. Geotechnical Report 21. The Applicant shall comply with the following regulations for retaining walls prior to the approval of a grading permit. a. All retaining walls shall be noted on the grading plans and include a detailed wall profile. b. Structural wall calculations are required if walls are not built per San Diego Regional Standard Drawings, or City of Chula Vista Construction Standards CVCS-30 thru 40, and if fences are to be placed on top of retaining walls. c. Retaining walls that will be part of a building wall must be approved as part of the building permit for the project. d. Retaining walls around trash bin (if any) shall be noted on the grading plans and called out per standard. e. Detail how retaining wall drains tie into the drainage system. 22. Prior to issuance of the grading permit for the project, a complete and accurate Notice-of- Intent (NOI) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 23. Pursuant to the NPDES Municipal Permit, Order No. R9-2013-0001, new regulations will come into effect on May 2015, which may impose additional requirements on development projects that have not begun construction at that time. 24. Permanent storm water requirements, including site design, source control, treatment control, and hydromodification control Best Management Practices (BMP's), all as shown in the approved WQTR, shall be incorporated into the project design, and shall be shown on the plans. Provide sizing calculations and specifications for each BMP's. Any structural and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 25. The Applicant shall submit Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any Building Permits. The Improvement Plans shall include but not be limited to: 2014-10-28 Agenda Packet Page 302 Page 6 October 28, 2014 ❑ Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. ❑ Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. 26. The Applicant shall install sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement as a result of this inspection. 27. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 28. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. Driveway A shall include pedestrian ramps on all legs. 29. Any private facilities within Public rights-of-way or City easements will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 30. Per City of Chula Vista Standard Drawing CVD-ST02, Main Street is classified as a 4 lane major with a half-width right-of-way of 52 feet. The Applicant shall be required to dedicate the necessary right-of-way to meet the 52 feet width from centerline to property line along Main Street prior to obtaining a Construction Permit for the Street Improvements or a Building Permit for the site. The Applicant shall submit street dedication documents prepared by a Registered Civil Engineer or licensed Land Surveyor. 31. Prior to beginning any earthwork activities at the site and before issuance of building permits, the Applicant shall submit evidence supporting access on neighboring properties. The Applicant shall also obtain a quitclaim of the easement for underlining parking areas. 32. Prior to approval of a building permit, the Applicant shall submit a construction landscape plan for the review and approval by the City's Landscape Architect. Fire Department 33. Prior to approval of a building permit, a fire service study shall be performed that includes a hydraulic water flow analysis. This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the sprinkler demand is available at the most demanding sprinkler riser. 2014-10-28 Agenda Packet Page 303 Page 7 October 28, 2014 34. Prior to approval of a building permit, the Applicant shall provide the water supply data required to accompany an underground submittal. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating fire flow is available to serve this project. The water flow requirements shall be based upon the currently adopted California Fire Code. The date of the water flow test shall be no older than six months from the time of the plan submittal. No reductions in fire flow will be granted for buildings protected throughout by an approved automatic fire sprinkler system. 35. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the building, on site fire hydrants and mains shall be provided. Prior to occupancy, the Project will require on- site hydrants. In addition, the fire hydrant service will need two points of connection due to the number of required fire hydrants. 36. Fire Hydrants shall be spaced in accordance with CA Fire Code,Appendix C. 37. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. 38. Fire apparatus access road obstruction: Automatic gates shall be provided with both an Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to operate the gate upon the loss of power. 39. Buildings shall be provided with a Knox Vault at every Fire Control Room. 40. The buildings shall be addressed in accordance with the following criteria: • 0-50 ft. from the building to the face of the curb = 6-inches in height with a 1-inch stroke • 51-150 ft. from the building to the face of the curb = 10-inches in height with a 1 1/2- inch stroke • 151 ft. from the building to the face of the curb = 16-inches in height with a 2-inch stroke 41. Grades for any access roadway shall be restricted to the following: • Asphalt< 11% • Concrete =/> I 1% 42. Prior to occupancy, an automatic fire sprinkler and fire alarm system will be required to be installed per the Fire Departments regulations. Public Works,Environmental Division 43. Prior to the approval of a building permit, the Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to 2014-10-28 Agenda Packet Page 304 Page 8 October 28, 2014 Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by the residential developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The "Recycling and Solid Waste Management Plan" features shall be identified on the building plans. 44. Prior to the approval of a building permit, the Applicant shall submit the required performance deposit fee. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of the Design Review Permit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building permit issuance. 4. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 5. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City's Development Services 2014-10-28 Agenda Packet Page 305 Page 9 October 28, 2014 Department. Signature of Property Owner Date Signature of Applicant Date IV. GOVERNMENT CODE SECTION 66020(d)(1),NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside,void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. 2014-10-28 Agenda Packet Page 306 Page 10 October 28, 2014 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of October, 2014,by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox,Mayor ATTEST: Donna Norris, City Clerk Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney J:\Planning\Caroline\DescretionaryPermits\3875 Main Street\CC Reports\DRC-13-33 CC reso.doc 2014-10-28 Agenda Packet Page 307 RESOLUTION NO. PSP-14-04 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A PLANNED SIGN PROGRAM, PSP-13-09 TO APPROVE AN INCREASE IN SIGNAGE BEYOND THE MAXIMUM ALLOWABLE SQUARE-FOOTAGE, FOR A MONUMENT SIGN FOR THE 97-UNIT MULTI- FAMILY APARTMENT COMPLEX ON 4.68 ACRES LOCATED AT 3875 MAIN STREET WHEREAS, on August 20, 2014, a duly verified application for a Planned Sign Program was filed with the City of Chula Vista Development Services Department by Stone Creek Casitas, LLC (Applicant); and WHEREAS, the application requests approval of a Planned Sign Program to allow an increase in signage to the front entrance monument sign along Main Street associated with the construction of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space on approximately 4.68 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 3875 Main Street(Project Site); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-13-006, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Development Services Director has determined that the Project could result in significant effects on the environment. However, revisions to the Project made or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS-13-006 and associated Mitigation Monitoring and Reporting Program; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Planned Sign Program application, and notice of the hearing, together with it purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 28, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby makes the following findings: Attachment 5 2014-10-28 Agenda Packet Page 308 Page 2 October 28, 2014 1. That the proposed Project, as conditioned, is consistent with the sign guidelines adopted for the Chula Vista Municipal Code. The proposed monument sign is not in conformance with Chula Vista Municipal Code (CVMC) Chapter 19.60. However, CVMC Section 19.60.050J allows a planned sign program when approved by the City Council, to modify the rules as to the sign size, height, illumination, spacing, orientation or other non-communicative aspects of signs. In accordance with CVMC Section 19.60.050J, approval of the Planned Sign Program by the City Council would establish site specific sign regulations with regard to such regulatory aspects of signs as sign size, height, spacing, location, and total number of signs. The monument sign placed on site will be required to conform with the approved sign program. 2. The Project, as conditioned, is consistent with the design guidelines approved for the Chula Vista Design Manual. The proposed monument sign is consistent with the design guidelines of the Chula Vista Design Manual. Sign colors and materials are compatible with the proposed building colors and materials of the apartment complex. The sign is effectively placed along the public right- of-way to provide locational clues for the apartment complex, and are complementary to the design of the homes. The additional height and overall size of the signs are in proportion to the large scale of the residential buildings that is located on an approximant 4.68 acre site. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE FINDINGS ABOVE, hereby approves the Planned Sign Program subject to the following conditions: L The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits,unless otherwise specified: Planning Division I. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1767. 2. The Applicant shall obtain approval of a sign permit, and a building permit if required by the Director of Development Services, for this sign approved in the Planned Sign Program. The sign shall comply with the approved sign program, and all applicable provisions of the Building Code. Land Development Division 3. Freestanding sign locations must conform to City of Chula Vista site distance requirements in accordance with the CVMC. 2014-10-28 Agenda Packet Page 309 Page 3 October 28, 2014 4. An encroachment permit shall be obtained from the Engineering Department for any signs located within the right of way. IL The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. Signage shall be installed in accordance with the Planned Sign Program. Additional signage requires an amendment of the approved Planned Sign Program. 2. Approval of the Planned Sign Program shall not waive compliance with any Sections of Title 19 of the CVMC, nor any applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless the City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this Planned Sign Program and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 4. This Planned Sign Program shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the CVMC. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Date Signature of Applicant Date 2014-10-28 Agenda Packet Page 310 Page 4 October 28, 2014 IV. GOVERNMENT CODE SECTION 66020(d)(1),NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside,void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. 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 any one or more terms,provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. 2014-10-28 Agenda Packet Page 311 Page 5 October 28, 2014 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of October, 2014, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox,Mayor ATTEST: Donna Norris, City Clerk Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney J:\Planning\Caroline\DescretionaryPermits\3875 Main Street\CC Reports\DRC-13-33 CC reso.doc 2014-10-28 Agenda Packet Page 312 RESOLUTION NO. ZAV-14-02 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING A VARIANCE, ZAV-14-02 TO DEVIATE FROM THE MAXIMUM 3 1/2-FT. WALL HEIGHT IN THE FRONT SETBACK TO ALLOW A 6-FT. FENCE TO ENCLOSE THE SWIMMING POOL/RECREATION AREA ON A 4.68 ACRE SITE LOCATED AT 3875 MAIN STREET WHEREAS, on September 19, 2014, a duly verified application for a Variance was filed with the City of Chula Vista Development Services Department by Stone Creek Casitas, LLC (Applicant); and WHEREAS, the application requests approval of a Variance to deviate from the maximum 3 1/2-ft. wall height in the front setback along Main Street to allow a 6-ft. tubular steel fence to enclose the swimming pool/recreation area associated with the construction of a 97-unit multi-family apartment complex with carports, recreation building, and associated open space on approximately 4.68 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 3875 Main Street(Project Site); and WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-13-0065 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Development Services Director has determined that the Project could result in significant effects on the environment. However, revisions to the Project made or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS-13-006 and associated Mitigation Monitoring and Reporting Program; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Variance application, and notice of the hearing, together with its purpose,was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 28, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby makes the following findings: Attachment 6 2014-10-28 Agenda Packet Page 313 Page 2 October 28, 2014 1. That a hardship peculiar to the property and not created by any act of the owner exists. Pursuant to Chula Vista Municipal Code Section 19.14.190, the unique topography of the site creates a special circumstance resulting in a hardship for the property owner, denying development rights enjoyed by surrounding properties. The site is bifurcated by a drainage channel (creek) that creates substantial site planning constraints. Surrounding properties do not have this constraint. Site amenities that would typically be centrally located must be placed on either side of the drainage channel, necessitating the utilization of a portion of the front yard setback for a required six foot high swimming pool fence. State and federal requirements preclude the filling of the drainage channel, or any other use of the channel other than as a waterway. Because the site slopes down approximately 10 feet below the surface level of Main Street, the six foot high fence would not pose any visual or aesthetic issues. The intent of the front setback fence height requirement would still be met since the fence would not be immediately visible from Main Street. 2. That such a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning districts and in the same vicinity, and that a variance, if granted would not constitute a special privilege of the recipient not enjoyed by his neighbors. The Project will allow the Property Owner to build the condominium project, and associated amenities, such as the recreation facilities similar to other property owners in the vicinity of the Project. Other parcels surrounding the area are not burdened by constraints such as a slope in the front of the property along Main Street. 3. That the authorizing of such variance will not be of substantial detriment to the adjacent property and will not materially impair the purposes of this chapter or public interest. The granting of this Variance will not be of substantial detriment to the adjacent property. The other surrounding parcels are developed with single-family, commercial, or developments and will not be adversely affected by the project. 4. That the granting of this variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this Variance will not affect the General Plan of the City. The project is consistent with the General Plan, and all aspects of the Chula Vista Municipal Code other than the required wall height in the front of the lot. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, BASED ON THE FINDINGS ABOVE,hereby approves the Variance subject to the following conditions: Attachment 6 2014-10-28 Agenda Packet Page 314 Page 3 October 28, 2014 L The following shall be accomplished to the satisfaction of the City, prior to issuance of building permits,unless otherwise specified: Planning Division 1. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1767. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: I. Approval of the Variance shall not waive compliance with any Sections of Title 19 of the CVMC, nor any other applicable laws and regulations in effect at the time of building permit issuance. 2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless the City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this Variance and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 3. This Variance shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the CVMC. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Date Signature of Applicant Date Attachment 6 2014-10-28 Agenda Packet Page 315 Page 4 October 28, 2014 IV. GOVERNMENT CODE SECTION 66020(d)(1),NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside,void or annul imposition. The right to protest the fees, dedications,reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, 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. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. 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 any one or more terms,provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of October, 2014, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox,Mayor ATTEST: Donna Norris, City Clerk Attachment 6 2014-10-28 Agenda Packet Page 316 Page 5 October 28, 2014 Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney J:\Planning\Caroline\DescretionaryPermits\3875 Main Street\CC Reports\DRC-13-33 CC reso.doc Attachment 6 2014-10-28 Agenda Packet Page 317 Mitigated Negative Declaration PROJECT NAME: Stone Creek Casitas PROJECT LOCAIION: 3875 Main Street ASSESSOR'S PARCEL NO : APN 629-130-22-00 PROJECT APPLICANT: Stone Creek Casitas, LLC CASE NO.: IS-13-006 DATE OF DRAFT DOCUMENT: August 28, 2014 DATE OF FINAL DOCUMENT: September 26,2014 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. A. Project Setting The 4.68-acre project site located at 3875 Main Street is west of Otay Valley Road and the 805 Freeway The project site is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (see Exhibit A-Location Map) The project site is relatively flat and is bisected by a natural drainage channel running northeast to southwest. However, adjacent to Main Street the site has a gradual slope difference of approximately 10-ft. Vehicular- access is currently provided from a driveway located on Main Street that is shared with the property south of the site The project site is currently vacant. The project site is within the Limited Industrial (ILP) Zone and RH (Residential High) General Plan designation. The land uses surrounding the site are as follows: North: Industrial South: Commercial East: Single-Family Homes West: Industrial B. Project Descri tb ion The project proposal consists of'a 97 unit apartment complex comprised of one and two bedroom units with attached carports within six buildings. Additionally, proposed on-site improvements for the parcel include a recreation building, 181-space parking lot, new landscaping and children's play area, and four trash enclosures. Off-site improvements include street improvements to Main Street with a 24-ft street dedication. The proposal consists of Design Review, Rezone, and Planned Sign Program applications. The Rezone of the property proposes to change the zone from Limited Industrial (ILP) to Apartment Residential (R3) zone (see Exhibit B - Site Plan), which is consistent with the General Plan designation of'Residential High (RH). The project is identified as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan. 1 Attachment'7 2014-10-28 Agenda Packet Page 318 _..._........ ......._......................_. ................... . ........ ......... .... ..... ......... C Compliance with Zoning and Plans The project site is within the Limited Industrial (ILP) zone and RH (Residential High) General flan designation. 'The project includes a Rezone of the property from Limited Industrial (ILP) zone to Apartment Residential (R3) zone. The Apartment Residential (R3) Zone allows for the proposed apartment complex with a Design Review permit The proposed 181 off street parking spaces meet the r equirements of the Municipal Code D. Public Comments On August 1, 2014, a Notice of Initial Study was circulated to property owners within a 500- foot radius of the proposed project site The public review period ended August 10, 2014. No comments were received„ E identification of Environmental Effects. An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F below have been added to the project The preparation of an Environmental hnpact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Air Qualifty To assess potential air quality impacts an Air Quality Assessment dated July 8, 2014 and a Greenhouse Gas Study dated May 1.3, 2014 was prepared by Ldn Consulting, Inc The analysis evaluated emissions associated with both the construction and operation of the proposed project i Short_Teym Consh-action Activities i The proposed project could result in a short-term air quality impact created from construction activities associated with the proposed project The grading of the site for apartment development, and worker and equipment vehicle trips, will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction activities Air quality impacts resulting from construction-related operations are considered short-term in duration.. A comparison of daily construction emissions to the SCAQMD's thresholds, and comparison using the California statewide factors and emissions thresholds of significance for each pollutant was analyzed... The addition of emissions to an air basin is considered under CEQA to be a significant impact. It was concluded that emissions associated with the construction and operation were below the significance thresholds fai° all construction phases and pollutants. To further ensure better air quality, implementation of the Mitigation Measure l contained. in Section F below would improve short-term construction-related air quality. These measures are included as a part of the Mitigation Monitoring and Reporting Program, 2 2014-10-28 Agenda Packet Page 319 _............ .. ..... ........ ._ Combined ShoYt-Te7m and Long-Te,-m Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's emissions were quantified with respect to regional air quality. The proposed project, a small infrll development, once completed will not result in any significant long-term air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building product, no area source or operational vehicle emission estimates will exceed the Air Quality significance, thresholds, therefore, no operational or Ion b term mitigation measures are required. Operational,4ctivities In teems of operational impacts, the study concluded that based on the estimates of the emissions associated with project operations, the operational impacts for the proposed apartments are below the significance criteria for all pollutants. Through project design, emission-controlled gas, electricity, water use, solid waste disposal, and motor- vehicle use, no area source or operational vehicle emission estimates will exceed the Air Quality significance threshold, therefore, no operational or long-term mitigation measures ate _ required, GHG Emissions {I In November 2002, Chula Vista adopted the Carbon Dioxide Reduction Plan in order to lower the community's major greenhouse gas emissions, strengthen the local economy, and improve the global environmerital. The proposed project would be required to comply with Title 24 of the City's Municipal Code, which requires that new residential construction, additions, remodels and alteration projects that fall within Climate Zone 7 be at least 20 percent more energy efficient than the 2008 Energy Code. As such, building design would employ energy efficient measures beyond that required by the Energy Code including, but not limited to, energy efficient lighting, low-flow toilets, and drought tolerant landscaping, resulting in a 20 percent reduction in emissions generated by in-building energy use The proposed project would reduce GHG emissions by 24,15 percent beyond business as usual• The project would therefore, exceed the target of 20 percent that has been established for the purposes of assessing operational GHG emissions of projects in the City of Chula Vista, and this reduction would be consistent with the goals of AB32. The project would, therefore, have a less than significant impact.on global climate change.. Energy efficient measures are outlined in Table N of the project air-quality assessment report and grcenhouse gas study, and implementation of said measures is required mitigation as outlined in Section F. 3 2014-10-28 Agenda Packet Page 320 Noise AiVoise Study yvas prepared by Ldn Consulting, Inc., dated, FebYZCary 17, .2014, to assess the potential noise impacts of the project.. The Noise Study is su timarized below Existing Conditions The primary noise sources in the vicinity of the project site is from roadway traffic from Main Street The site topography drops below Main Street neatly ten feet then gradually levels out. The existing noise levels were approximately 67dBA based on the proximity of Main Street Project Impact According to the Acoustical Analysis Report, the noise created by the additional traffic generated by the proposed use and on-site noise sources typical of urban neighborhood related activities is considered not significant after mitigation. For interior noise levels, prior to issuance of building permit, an interior noise assessment report shall be submitted identifying the interior noise requirements based upon asehitectutal and building plans to meet the City's established intetiot noise limit of 45 dBA CNEL, since the building facades closest to and having direct line of'site to Main Street axe above 60 dBA CNEL Interior noise levels of 45 dBA CNEL can easily be obtained with conventional building construction methods and providing a closed window condition requiring a means of mechanical ventilation To determine off site noise level increases associated with the roject, the existing and proposed traffic volumes were examined. The poject is estimated to generate 776 daily trips The existing average daily traffic (ADT) volumes on the area roadways are more than several thousand ADT according to SANDAG's 2008 Traffic Data„ Typically, it requires a project to double ox• add 100% of the traffic volumes to have a direct impact of 3 dBA CNEL or be a major contributor to the cumulative traffic volumes.. The project will add less than a 100% increase to the exiting roadway volumes,so therefore no impacts axe anticipated The project proposes several outdoor areas including a recreational facility with an outdoor area facing Main Street. Since this outdoor area has an elevation difference of approximately 10-ft below Main Street, it is outside the 66 dBA CNEL contour All other, outdoor uses are located either behind the proposed building or interior to the site. Thexefow, the Project's outdoor use areas comply with the City standards and no exterior, noise mitigation is required_ The residents of the site would generate and be exposed to on-site noise sources typical of urban neighborhood related activities including; air conditioning units, lawn care equipment, animals, etc. As a condition of approval, the air conditioning, cooling and ventilating equipment and any other noise generating equipment shall be screened, shielded and/ox buffered from surrounding streets and land uses, An acoustical analysis shall be performed 4 2014-10-28 Agenda Packet Page 321 ....._............ ............... ..... .... ....... .......... _.... .... ......_.. by a qualified acoustical consultant to verify the specific details of this mitigation. measure including; source levels, locations and construction materials. The mitigation measures contained in Section F below would mitigate potentially significant noise impacts to below a level of'significance. Biolagical Resources A Biological Resources Repo?t was prepared by Alden Envuonmmntal, Inc, dated July 22 2014, to assess the potential biological resource impacts of the project A site visit was conducted on October 2.9, 2013 in addition to two field surveys on April 19, 2014 and July 8, 2014 to identify existing vegetation on the site. A jurisdictional delineation was conducted on February 11, 2014 to determine the presence of features that would be considered jurisdictional by the U S Army Corps of Engineers (CORPS), California Department of Fish & Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the City 'The biological resource analysis is summarized below -Existing Conditions The Project site is bisected by a narrow natural drainage channel running northeast to southwest. the majority of the site is covered by several feet of disturbed and likely imported material. The site primarily consists of non-native grassland, In various areas of the site, there is Riparian Scrub, Eucalyptus, disturbed and developed land, and the natural drainage channel. Water enters the site through a pipe under Main Street and then flows through the channel in a southwesterly direction. After leaving the site, water is conveyed through a north/south runner channel that passes between developed areas before reaching the Otay River Valley approximately 800 feet from the southwest corner of the site. Corps jurisdictional features on site include 0.17 acre of non-wetland (unvegetated) waters of the U.S (WUS) and 0 02 acre of wetlands (riparian scrub) located within the limits of the drainage channel on site The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is subject to the requirements under the Habitat Loss Incidental Take(HLIT) Ordinance Wildlife/Sensitive Species/Sensitive Habitats The biological report stated that six (6) vegetation communities occupy the site. Of' these, only the riparian scrub is a native vegetation community, The natural drainage channel is a mostly unvegetated area along a natural stream course.. The remaining habitats are non-native and heavily disturbed. No sensitive species were identified or, observed on the site during the site visits during the spring and summer. Project Impact The project has been designed specifically to avoid impacts to jurisdictional features by providing a spanned bridge and a development avoidance buffer. As a project feature, a S 2014-10-28 Agenda Packet Page 322 ........... ................ railroad car will be installed as a free span bridge across the drainage that bisects the site. 1 ootings for the bridge would be located within upland habitat and outside of the drainage channel and associated juuisdictional features The buffer around the drainage channel varies Rom approximately 10 to 25 feet from the development pads (top of adjacent slopes) to the edge of the mapped jurisdictional features The only permanent development within the buffer would be the spanned bridge across the channel The slopes have iip-Igp protection for a 100-rear storm event and won't beeveetatedvh non invasivc-�es to qfwe�at A fence would be installed along the top of the slope to preclude entry into the wetland buffer area Additionally, the spanned bridge would be enclosed and preclude access to the drainage channel. The location of the spanned bridge was selected such that it would cross over the unvegetated natural drainage channel and would not shade out jurisdictional wetland habitat With no fill in the drainage or direct impacts to jurisdictional features the proposed project would not requite agency permits. The project would impact approximately 3.77 acres on the site Of this, approximately .3 59 acres would be sensitive. non-native grassland habitat. The rernaining approximately 0 18 acre of impact would be to eucalyptus and disturbed lands 'The Applicant shall mitigate for direct impacts to 3.59 acres of non-native grasslands pursuant to the City's MSCP Subarea Plan and HUT Ordinance. In compliance with the City's Subarea flan, the applicant shall secure mitigation credits within an established conservation bank located within the City's MSCP Subarea Plan or MSCP Planning Area as approved by the City and Wildlife Agencies. With implementation of mitigation discussed below, impacts to Tien III habitats as a result of project development will be less than significant i The project would result in the removal of vegetation with the potential to support nesting migratory birds (including the burrowing owl) if conducted during the avian nesting season (February 1 through September 1) Impacts to such species are prohibited under the MBTA and would be considered significant To avoid any direct impacts to nesting raptors and/or any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to August 31) If rernoval of habitat on the proposed area of disturbance must occur during the breeding season, the applicant shall retain a City-approved biologist to conduct a pre- construction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. Therefore, the proposed project may result in impacts to sensitive biological resources and mitigation measures are required. Further mitigation measures inchide clearing, grubbing or, grading permits, the Applicant shall install fencing in accordance with Chula Vista Municipal Code (CVMC) 17.35..030, Prominently colored, well-installed fencing and signage shall be in place along the limits of the drainage channel on-site. Fencing shall remain in place during all construction activities. All temporary fencing shall be shown on grading plans for areas adjacent to the preserve and for all off site facilities constructed within the preserve. Prior to release of grading and/or improvement bonds, a qualified biologist shall provide evidence that work was conducted as authorized under the approval land development permit and associated plans.. 6 2014-10-28 Agenda Packet Page 323 _....... .........._. _.. ................. .. ....... Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance Habitat Loss Incidental Take (HLIT) Pe?mit The project area is located within an area designated by the City of Chula Vista Subarea Plan as Developed Areas Outside of City of Chula Vista Covered Projects.. The project will 1-esult in impacts to Covered Species. Therefore, a Habitat Loss and Incidental Take (HLIT) permit pursuant to Section 17 .35 of the CVMC is required Geology and Soils To assess the potential geological/soils impacts of the project, a Preliminary Geotechnical Investigation was pYepayed by AGS, dated September 19, 201.3. The site is currently covered with a light to moderate growth of grasses with scattered bushes and isolated mature trees along the flanks of the drainage An active southwesterly to westerly flowing drainage bisects j the northern portion of the site and appears to be ptimatily fed from a culvert located in the northeast corner of the site No groundwater was encountered on the site No natural groundwater condition is known to exist at the site that would impact the proposed site development. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. Fill Materials The onsite materials that are significantly compressible include topsoil, undocumented fill and highly weathered older, alluvium. As recommended in the Pyehminayy Geotechnical .Investigation, these materials will require complete removal and compaction to project j specifications if' encountered where settlement sensitive structures or improvements are planned = The preparation and submittal of a final soils report will be r-equired prior to the issuance of a grading permit as a standard Land Development Division requirement According to the City's Land Development Division, the project will require a grading permit. In order to prevent silt discharge during construction, the developer will be required to comply with best management practices in accordance with NPDES Order No.. R9-2007-.0001., The appropriate erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Land Development Division. Therefore, the potential for the discharge of silt into City drainage systems would be less than significant.. The mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part of the Mitigation.Monitoring and Reporting Program. 7 2014-10-28 Agenda Packet Page 324 ..._.. ......... ......... ......... Provided findings of the report are incorporated into the design and construction, no significant geological or soil impacts would be created as a result of the proposed project as conditioned. Drainage and Water Quality In order to assess potential drainage and water- quality impacts, a Deainage Study, dated May 6, 2014, a Storm Water Management Plan, dated June 30, 2014, and a Hydromodication Screening SCCWRP Analysis, dated.June 27, 2014,prepared by Lundstrom Engineering and Surveying, Inc, respectively, were submitted for the project. According to the Land Development Division, the proposed impovements and mitigation are adequate to handle the project storm water runoff generated from the site the existing drainage channel bisecting the site was analyzed for the 100-year flood event The results of these studies are summarized below. Existing i The existing on-site condition consists of a vacant parcel An active southwesterly to westerly flowing drainage bisects the northern portion of the site and appears to be primarily fed from a culvert located in the northeast corner of the site The site has no impervious cover. j Proposed According to the Land Development Division, the proposed improvements are adequate to handle the project storm water runoff generated from the site„ The proposed development will have appropriate runoff collection and treatment The Project will include the following runoff' management facilities: 1) appropriate grading of pads to direct runoff away from structures on the site; 2} street section and stoma drain system to convey runoff to the existing storm drain system; 3) bio-retention areas to treat runoff from the 2--year storm event; 4) j underground detention to mitigate peak runoff rates; and 5) directing roof' runoff to landscaped areas before discharge to storm drains. The proposed project will not significantly alter drainage patterns on the site. Best Management Practices (BMP's) to prevent, reduce, and treat storm water pollution will be implemented during construction of this project The project proposes to increase impervious areas by adding additional parking areas and buildings. The project will add approximately 3.1 acres of impervious area (65 percent of the project site) in the form of rooftops and streets A proposed underground detention basin will mitigate peak flow back to existing flaw rates„ The building pads will be built 1400t minimum above the 100 year water surface elevation of the channel. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project, As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. Properly designed drainage facilities will he installed at the time of the site development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and BMPs will reduce water quality 8 2014-10-28 Agenda Packet Page 325 impacts to a less than significant level. these measures are included as a part of the Mitigation Monitoring and Repotting Program (See Section F) Wastewate,- Se?vices/Sewe? System The existing area sewer facility system includes a 10 inch PVC sewer line that runs parallel to Main Street and another 1S inch PVC sewer line located south of the project site. Most likely, they will connect to the sewer line south of the project site due to the grade differ-cnce of Main Street. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. The applicant will be required to submit a final sewer,study to the satisfaction ofthe City Engineer. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of'the proposed project Cultural Resources In order to assess potential cultural resources impacts, a Cultural Resourcey Swvey, dated February 7, 2014,prepared by Afftnis EnviYonrnental Services, was submitted for the project. The results of the study are summarized below. Existing The project area is within lands that have traditionally been inhabited by the Kurneyaay people, also known as Diegueno. The plant species found in the area were used by the Native people for food, medicine, tools, shelter, ceremonial and other uses Many of the animal species found in these vegetation communities would have been used by Native populations as well.. During the survey, no cultural resources were identified on the site, Native American Heritage Commission was contacted in November 2013 for a Sacred Lands File check and list of'Native American contacts. The Sacred Lands File search did not indicate the presence of Native American traditional cultural places in the project site. Therefore, no impacts to cultural resources are anticipated.. However, the surrounding area is known to be sensitive in terms of cultural resources, and the project is in an alluvial setting, on this, it is recommended that grading and other ground disturbing activity be monitored by a qualified archaeologist and a Native American monitor If' cultural resources are encountered, the j monitors will have the authority to temporarily halt or redirect grading while the resources are documented and assessed. If' significant cultural resources are encountered during monitoring, appropriate mitigation measure would be developed and implemented. Mitigation measures would be developed in consolation among the archaeological consultant,Native American representative, City staff, and the project developer., 9 2014-10-28 Agenda Packet Page 326 F. Mitigation Necessary to Avoid Sig f`rcant Impacts Air QL11ity 1 The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the Development Services Department: • Minitnize simultaneous operation of multiple construction equipment units. • Use low pollutant-emitting construction equipment. Use electrical construction equipment as practical. • Use catalytic reduction for gasoline-powered equipment. • Use injection-timing retard for diesel-powered equipment. • Water the construction area twice daily to minimize fugitive dust. • Stabilize graded areas as quickly as possible to minimize fugitive dust.. • Pave permanent roads as quickly as possible to minimize dust • Use electricity from.power poles instead of temporary generators during building, if' available • Apply stabilizer or pave the last 100 feet of internal travel path within a construction 1' site prior to public road entry. • Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. • Remove any visible track-out into traveled public streets within 30 minutes of occurrence • Wet wash the construction access point at the end of each workday if' any vehicle travel on unpaved surfaces has occurred.. E • Provide sufficient perimeter erosion control to prevent washout of'silty material onto public roads.. • Coven haul trucks or maintain at least 12 inches of fieeboard to reduce blow-off during hauling • Suspend all soil disturbance and travel on unpaved surfaces if'winds exceed 25 miles per-hour. 2,. Applicant shall implement the proposed project design features to reduce GHG Emissions outlined in Table 5,3, page 18 of Greenhouse Gas Study for the Stone Creek Casitas Project,prepared by Ldn Consulting, Inc., dated May 13, 2014. Noise 3 Prior to issuance of building permit, an interior noise assessment report shall be submitted identifying the interior noise requirements based upon architectural and building-plans to meet the City's established interior noise limit of 45 dBA CNEL since the building facades closest to and having direct line of site to Main Street are above 60 dBA CNEL. 10 2014-10-28 Agenda Packet Page 327 4. Not to the approval of the building permit, the air conditioning, cooling and ventilating equipment and any othet noise generating equipment shall be scieened, shielded and/or- buffeted from surrounding streets and land uses An acoustical analysis shall be performed by a qualified acoustical consultant to verify the specific details of this mitigation measute including; source levels,locations and construction materials Biological Resources 5 Prior to issuance of any land development permits, the Applicant shall mitigate for direct impacts to 3 59 acres of non-native grasslands pursuant to the City's MSCP Subarea Plan and HLIT Ordinance. In compliance with the City's Subarea Plan, the applicant shall secure mitigation credits within an established conservation bank located within the City's MSCP Subatea Plan or MSCP Planning Area as approved by the City and Wildlife Agencies consistent with the ratios specified in Table 4 Table 4:MSCP Upland Habitat Mitigation Ratio Mitigation Required Mitigation Required Ratio Mitigation Ratio Mitigation MSCP (Inside (Inside (Outside Outside Rabitat Type Tier Acrest Preserve) Preserve) Preserve) Preserve) Non-native 7Z1 3 59 1:1 3 59 2:1 7.18 gtassland All project impacts occur outside of the City's MSCP Preserve z Pursuant to CVMC 1735 040,mitigation ratios have been increased from those in Iable 5-3 of the City's MSCP Subarea Plan to feconcile unpennitted grading violations The applicant shall be requited to provide vetif cation of putchase of credits to the City, prior to issuance of any land development permits Verification that mitigation credits have been obtained shall be provided to the City prior to approval of any land development permits In the event that a project applicant is unable to secure mitigation through an established conservation bank approved by the City and Wildlife Agencies, the project applicant shall secure the required mitigation through the conservation of an area containing in bind habitat within the City's MSCP Subarea Plan or MSCP Planning Area, subject to Wildlife Agency concurrence. Ptioi to issuance of any land development permit, and to the satisfaction and oversight of the City's Development Services Director (or their designee), the applicant shall secure the paicel(s) that will be permanently preserved for in-kind habitat impact mitigation, prepare a long-term Area Specific Management Directives (ASMDs)) for the mitigation area, secure an appropriate management entity to ensure long-term biological iesouice management and monitoring of the mitigation area is implemented in peipetuity, and establish a long-term funding mechanism (e g., Community Facilities District) for the management and monitoring of the mitigation area in perpetuity. The ASMDs shall provide management measures to be implemented to sustain the viability of the preserved habitat and identify timing for implementing the measures prescribed in the ASMDs. The mitigation parcel shall be testti.cted from future 11 2014-10-28 Agenda Packet Page 328 development and permanently preserved through the recordation of a conservation easement or other mechanism approved by the Wildlife Agencies as being sufficient to ensure that the lands are protected in perpetuity. The conservation easement or other mechanism approved by the Wildlife Agencies shall be recorded prior to issuance of any land development permits.. The project applicant shall be responsible for maintain the biological integrity of the mitigation area and shall abide by all management and monitoring measures identified in the ASMDs until such time as the established long- term funding mechanism has generated sufficient revenues to enable a City-approved management entity to assume the long-term maintenance and management responsibilities.. 6 Prior to issuance of any land development permits (including clearing, grubbing or grading permits, construction permits), the Project Applicant shall retain a City-approved biologist to conduct focused pre-construction surveys for burrowing owls The surveys shall be performed no earlier than 10 days prior to the commencement of any clearing, grubbing, or grading activities. If' occupied burrows are detected, the City-approved biologist shall prepare a passive relocation mitigation plan subject to the review and approval by the Wildlife agencies and the City, concluding any subsequent burrowing owl relocation plans to avoid impacts form construction related activities 7. To avoid any direct impacts to nesting raptors and/or, any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside ofthe breeding season for these species (January 15 to August 31). If removal of habitat on the proposed area of disturbance must occur during the breeding season, the applicant shall retain a City-approved biologist to conduct a pr,e-construction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The pre-construction survey must be conduction within 10 calendar days prior to the start j of construction activities (including removal of vegetation), The applicant shall submit the results of the pre-construction survey to the City for review and dpproval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided.. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City's Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan ar-e in place prior to and/or-during construction S. Prior to issuance of any land development permits including clearing, grubbing or grading permits, construction permits, the Project Applicant shall install fencing in accordance with Chula Vista Municipal Code (CVMC) 17 35 030 Prominently colored, well--installed fencing and signage shall be in place along the limits of the drainage chatmel on-,site: Fencing shall remain in place during all construction activities. All temporary fencing shall be shown on grading plans for areas adjacent to the preserve and for all offsite facilities constructed within the preserve. Prior to release of grading and/oz improvement bonds, a qualified biologist shall provide evidence that work was conducted as authorized under the approval land development permit and associated plans. 12 2014-10-28 Agenda Packet Page 329 9. Prior to issuance of any land development permits (including clearing, grubbing and/or grading permits), the project will be required to obtain a HLIT Permit pursuant to Section 17.35 of the Chula Vista Municipal Code for impacts to MSCP Tier III habitats and wetland resources Geology and Soils 10. Prior to the issuance of grading permit, the applicant shall provide evidence to the City Engineer that all the recommendations in the Preliminary Geotechnical Investigation, dated September 19, 2013 have been satisfied. Drainage and Water Quali ty 11. Prior to the issuance of a building permit or-prior to beginning of any earthwork activities on the site, the Applicant must obtain a Land Development Permit in accordance with Chula Vista Municipal Code Section 15.05 The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual, 12. Prior to the issuance of the grading plan, the Applicant shall submit final drainage and a final soils report.. The drainage study must demonstrate that the post-development pear flow rate does not exceed the pre-development flows as indicated in the Drainage Study dated August 31, 2012, and to the satisfaction of'the City Engineer, 13. Prior to the issuance of a grading permit oar- issuance of building permits, the developer shall submit a final Water Quality Technical Report (WQTR) that shall be approved by the City Engineez. The project can meet the City's Low Impact Development (LID), Source Control, Treatment Control, and Hydromodifrcation Control BMP Requirements. The final Water Quality Technical Report shall include design features, such as bio- retention facilities, and other high-efficiency BMPs per Low Impact Development (LID) requirements under current City Standard Urban Stormwater Mitigation Plan (SUSMP) standards, the City's Development Storm Water Manual, and as imposed by the current NPDES Municipal Permit adopted by the Regional Water Quality Control Board. LID principles must be incorporated into the project's design.. Cultural Resources 14. Prior to initiating any construction related activities, including but not limited to grading and other ground disturbing activity, a qualified archaeologist and Native American monitor, shall monitored the site for:potential cultural resources If'cultural resources ar-e encountered, the monitors will have the authority to temporarily halt or redirect grading while the resources ar-e documented and assessed.. If significant cultural resources ar-e encountered during monitoring, appropriate mitigation measure would be developed and implemented.. Mitigation measures would be developed in consolation among the archaeological consultant, Native American representative, City staff, and the project developer 13 2014-10-28 Agenda Packet Page 330 G Agreement to hnplernent Miti-ation 1y1easuies By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator Failure to sign the line(s) pzovided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report � ��L x"' I .��°.� *•ate-.—�' rY, Z� . �� Printed Nam e�ardT`��f Applicant Date (or authori d representative) Signatur of Applicant Date (or aut o ized xepzesentative) NIA Printed Name and Title of Operator Date (if'different from Applicant) NIA Signature of Operator, Date (if different from Applicant) H Consultation i 1 . Individuals and Organizations City of Chula Vista: Steve Power, Development Planning Division Tom Adlet, Land Development Division Chester Bautista, Land Development Division David Kaplan, Land Development Division Mary Radley, Landscape Architecture Division Scott Harris, Building Division Davin Golden, Fire Department Lynn France, Conservation and Environmental Services Others: Carol School, Chula Vista Elernentary School District Hector Martinez, Sweetwater Authority 14 2014-10-28 Agenda Packet Page 331 2. Documents City of Chula Vista General Plan, 2005. Title 19, Chula Vista Municipal Code Air Quality Assessment for the Stone Creck Casitas Project, 3875 Main Street, Chula Vista, Ldn Consulting, Inc , July 8, 2014. Greenhouse Gas Study for the Stone Cxeek Casitas Project, 3875 Main Street, Chula Vista; Ldn Consulting, Inc.,May 13, 2014. Noise Study for the Stone Creek Casitas Project, 3875 Main Street, Chula Vista, Ldn Consulting, Inc., Februrary 17, 2014. . Biological Resources Report for the Stone Creek Casitas Project, 3875 Main Street,Chula Vista, Alden Environmental, Inc , July 22 2014. i Preliminary Geotechnical Investigation for' the Stone Creek Casitas Project, 3875 Main Street, Chula Vista, AGS, September-19, 2013., Drainage Study for the Stone Creek Casitas Project, 3875 Main Str-eet,Chula Vista, Lundstrom Engineering and Surveying, Inc., May 6, 2014. Storm Water- Managment Plan for the Stone Creek Casitas Project, .3875 Main Street, j Chula Vista, Lundstrom Engineering and Surveying, Inc ,.June 30,2014 Hydromodification Screening SCCWRP Analysis for the Stone Creek Casitas Project, 3875 Main Street, Chula Vista, Lundstrom Engineering and Surveying, Inc., June 27, 2014 Cultural Resources Survey for,the Stone Creek Casitas Project, 3875 Main Street, Chula Vista,Aft is Environmental Services, February 7, 2014. .3 Initial Study This environmental deterxrrination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration The repoit reflects the independent judgment of the City of Chula Vista. Further- information regarding the envir•orumntal review of'this project is available fiorn the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: Caroline Young Associate PlannerlProject Manager C'1Docnments and settiugsWoungUS-13-006IMND doc 15 2014-10-28 Agenda Packet Page 332 -- Ll LLJ III I IT/ "HE- IMF MAIN ST PROJECT LOCATION CITY OF CHULA VISTA C17-Y OF SAN DIEGO CH U L A VISTA DEVELOPMENT SERVICES DEPARTMENT PROJECT PROJECT DESCRIPTION: LOCATOR Stone Creek Casitas, LLC APPLICAW'. INITIAL STUDY PROJECT Project Summary: Construct a 97 unit apartment complex Consisting of one and ADDRESS: 3875 Main St two bedroom units with attached carports,recreation building,and surface parking for residents and guests.The buildings will he two three stories on a 4 68 acre CALE. FILE NUMER, project site NORTH No Scale IS-13-006 Related cases:DRC-13-33,PCZ-13-01,PSP-14--04 �or�,^ —P u8exxx ^~�,._____~___ __ ____6 E��|U��Ul[ �� ! / Project Site Development Plan MAIN STREET -- - - -' _ - - 'r JI - .5 R Y •, 'i Ili' _ '*+�,F fd 1- r�F F.* fir" �Qfl; I; i x: crwi Kf I r!' �i y k,•j .r. I.I: I i 1 f 1 5r. 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E s r �^ Yrry - .. xa -s .s sa6 ,. i x �. Q &''Cr ,� P 8 -� i f • ..$ 'r XSk i _ 'ri'i'pTM^sTa t £ y Y✓ 2014-10-28 Agenda Packet Page 336 A-1 The project avoids direct impacts to the channel and there is no City or agency requirement for a specific buffer width The buffers provided will help protect the functions and values of the channel.. Additionally,the project will incorporate fencing that will help preclude future impacts to the channel including dumping of trash,discing of soil, and erection of homeless encampments, all of which are common occurrences with the current pre-project situation on site As such,the project design and provided buffer is anticipated to result in an improved situation alongthe channel The comment also asked that the applicant revegetate the slopes adjacent to the buffer with native revegetation. After looking at the current plans, it's clear that the slopes have rip-rap protection for a 100-year storm event and won't be revegetated. The City of Chula Vista re-examined the project and buffer to confirm that the rip-rap is limited to the slopes and is not within the actual buffer(see attached figure) Given that the rip-rap is in the developed portion of the site and is not within the buffer or used as mitigation,there is no requirement to revegetate it. The Final Mitigated negative Declaration (IS-13-006) has been revised on page 6 to incorporate the change. A-2 Comments noted.The Final Mitigated Negative Declaration (IS-13-006) has been revised to incorporate the correct heading, (Outside Perser-ve) on Table 4: MSCP Upland Habitat Mitigation Ratios on page 1.1,as well as changes to the Mitigation Monitoring and Reporting Program on page 3 The Project will require the Applicant to mitigate for 3 59 acres and not 3.46 acres Updates have been made to the Final Mitigated Negative Declaration on page 6 and 11, Mitigation Monitoring and Reporting Program on page 3,and the Biological Report on page 11. 2014-10-28 Agenda Packet Page 337 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) STONE CREEK CASITAS-IS I3-006 This Mitigation Monitoring and Repotting Program has been prepared by the City of Chula Vista in conjunction with the proposed Stone Creek Casitas project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the Califbtnia Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-.13-006).. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations AB 3180 requires monitoring of potentially significant and/or significant environmental impacts The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1 Air Quality 2. Noise 3. Biological Resources 4. Geology and Soil S. Drainage and Water Quality 6. Cultural Resources i MONITORING PROGRAM I The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Repotting Program are met to the satisfaction of the Development Services Department The applicant shall provide evidence in written foarrn confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-13-006 to the Environmental Projects Manager and City Engineer. The Environmental Projects Manager- and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-13-006,which will be implemented as part of the project_ In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for-monitoring/vetifying that the applicant has completed each mitigation measure.. 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O ro@ c C N -0 (n a N (P(G m Cr O (n N O N a C 4] O rt O N @ O 03 G G•Q ° N [�(° G -,-o CD 0-a �.�' m (A a•c' �.- ?. m n n. °} -�y ro ° m a n Q.a•v p(q n o C� a' o-o� °' vmc Cr (D o� � v sc � U) CL m <a Cr a s 5 0 0 o ° o ° o o o' er v c o n N a.m(C1 m m v(n c m m Q) (D o 5n-< a c m _ oQ o_ (a D. mm � nl oZ$ °. 0 c�sC7 -11.sod Z , om ao om o O o Z m O0 7 cn 1 c ri o,a W D Cn CD-0 0-0 _ On ti � N Q m G7 as as v'a N (D o (D m N C ..•a ID is d O 'D • _ a O 0-3 3 m (D y a 2014-10- 8 Agenda Packet age 343 w rn -�� 0 co aro i a 0 @ O N v (D O CD CSl CD-0) (D v o QCD 7 v� 0�m q O 3[D 7 O 0 N CQ � Q Q 0 ° CL e7 j @ ro j.�_ C�� Cl Co c cA �� m�, (D v° v> CD2)EU n I Qom ° ZI @@i t��fr V( sTA ENVniONlzENTAL CHECKLIST FORitiI fiOOF 1. Name of Proponent: Stone Creek Casitas, LLC 2 Lead Agency Name and Address: City of'Chula Vista Development Services Department 275 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 303 H Street Suite 103 Chula Vista, CA 91910 (519) 442-8400 4 Name of'Px-oposal: Stone Creek Casitas 5. Date of Checklist: August 25, 2014 b. Case No.: IS...13-005 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Significant Potentially With Less Than Issues: Significant Mitigatiou Significant No Impact Impact Incoapotated impact I.. AESTHETICS. Would the prof ect: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, ❑ ❑ ❑ but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or ❑ ❑ ❑ quality of the site and its surroundings? d) Create a new source of substantial light or, glare, ❑ ® ❑ ❑ which would adversely affect day or nighttime views in the area? 2014-10-28 Agenda Packet 1 Page 345 Comments: a-b) The proposal includes the development of an apartment complex with site improvements in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. the proposed landscape improvements would enhance and improve the aesthetic quality of Main Street The proposed project would not damage any scenic resources, vegetation, or- histozic buildings within a state scenic highway. the project site contains no scenic vistas or views open to the public The development layout is designed not to block any private vista views fzorn. the existing and proposed residential units c) 'The proposal is an infill residential development project the proposed project will not substantially degrade the existing visual character or quality of the project site or- its adjacent residential, commercial, or industrial surroundings the project site is planned for residential development according to the General flan Land Use regulations and will be consistent with City's Design Guidelines. i d) See Mitigated Negative Declaration, Section E Mitigation: the mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance. Less Than Significant Potentially With Less Than Issues: Significant Mitigation Significant No Impact Impact Incoxpoxated Impact i 1L AGRZC.ULTURAL RESOURCES.. Would the pr-o ect: a) Convert Pritne Farmland,Unique Farmland,or Farmland ❑ ❑ ❑ of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Involve other changes in the existing environment, ❑ ❑ ❑ which, due to their, location or nature, could result in conversion of'Far-mland to non-agricultuual use? 2014-10-28 Agenda Packet 2 Page 346 Comments: (a-c) the project site is currently vacant and the surrounding properties are developed with single-family homes, commercial, and industrial uses These properties arc consistent with the Chula Vista General Plan and zoning designation, and contain no agricultural resources or designated farmland. the proposal would not convert Piime Ia inland, Unique Farmland or Farmland of Statewide hmportance to non-agiicultmal use and no impacts to agricultural resources would be created as a iesult of the proposed pi of ect Mitl�ion:, No mitigationmeasur-es areicquiied Less Than Significant Potentially with Less Than Issues: Significant Mduation Significant No Impact Impact Incorporated Impact in. AiR QUALITY., Would the project: a) Conflict with or obsteuct implementation of the ❑ ❑ ❑ applicable air quality plan.? b) Violate any aii quality standard or contribute ❑ ❑ ❑ substantially to an existing of projected air quality violation? c) Result in a cumulatively considerable net increase of El El ❑ any criteria pollutant for which the project region is non-attainment under- an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Exposd sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ i number,of:people? Comments: a,b, and e) The project site is located within the San Diego Air Basin(SDAB) 'The proposal would generate insignificant amounts of additional traffic,The proposal would not conflict with air quality plans or standards For these reasons,the proposed project would not result in any significant long-term local of regional air quality impacts c and d) See Mitigated Negative Declaration,Section E.. 3 2014-10-28 Agenda Packet Page 347 Miti6ation• The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance. Less Than Significant Potentially With Less Iban Issues: Significant vlitiQation Significant No Impact Impact Incorporated Impact IV.. GREENHOUSE GAS, Would the pioject: a) Generate greenhouse gas emissions, either directly or ❑ ❑ ❑ indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy oi-regulation ❑ ❑ ❑ adopted for the purpose of'ieducing the emissions of greenhouse gases? I I I Comments: I a) See Mitigated Negative Declaration,Section E. b)The project would not conflict with any applicable plan, policy of regulation with the City of Chula Vista or AB .32. The project will comply with City of Chula Vista Building Code, which requites new residential projects to be at least 20 percent more energy efficient than the 2008 Energy Code The proposal would generate insignificant amounts of additional Greenhouse Gas, For these reasons, the proposed pioject would not result in any significant long-teirn local or iegional air quality impacts. Mitigation: The mitigation measures contained in Section. F of the Mitigated Negative Declaration would mitigate potentially significant air-quality impacts to a level of less than significance. 2014-10-28 Agenda Packet 4 Page 348 ............ ........... _......_. Less Iltan Significant Potentially with Less Ihaa Issues: Significant Mitiaadon Significant No Impact Impact Incozpozated Impact V,• BIOLOGICAL RESOURCES• Would the project: a) Have a substantial adverse effect, cither du'ectly or ❑ ❑ ❑ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Garde or U.S Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian. ❑ ❑ ❑ habitat or other sensitive natural conarnunity identified in local or regional plans, policies, regulations oi by the California Department of Fish and Game or U.S Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected ❑ ❑ ❑ wildlife as defined by Section 404 of the Clean Water Act (including, but no limited to, march vernal pool, coastal,etc.)through direct rern.oval,filling,hydrological interruption,or other means. d) Conflict with any local policies or ordinances protecting ❑ ❑ ❑ biological resources,such as a tree preservation policy or ordinance? I e) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑ Conservation Plan,Natural Community Conservation Plan, or other approved local,regional,or state habitat conservation plan? Comments: a-d, and c)See iUfitigated Negative Declaration, Section E.. e) No impacts to any local policies or ordinances protecting biological resources,such as a tree preservation policy or ordinance would result from the proposed project development, Mitiaation the n itigation measures contained in Section F of•the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level of less than significance„ 2014-10-28 Agenda Packet 5 Page 349 Tess Than Significant Potentially with Less Ihan Issues: Significant 1Vlitigatioa Significant irlolmpact Impact Incoipoiated Impact V1, CULTURAL RESOURCES Would the pzoject: a) Cause a substantial adverse change in the significance ❑ ❑ ❑ of" a historical zesource as defined in State CEQA Guidelines § 15064.5? b) Cause a substantial adverse change in the significance ❑ ❑ ❑ of an archaeological resource pursuant to State CEQA Guidelines § 15064.5? c) Directly or indirectly destaoy a unique paleontological ❑ ❑ ❑ resource or site or unique geologic feature? d) Disturb any human remains, including those interred ❑ ❑ ❑ outside of formal cemeteries? Comments: a) The proposed project will not constitute a substantial, adverse change to the significance of an historical, resource Therefore,no substantial adverse change in the significance of a historical resource as defined in Section 15064 5 is anticipated and no mitigation measures are required, b) Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064 5 is not anticipated c) Based on the .level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to unique paleontological resouuces of unique geologic features are anticipated.. d) No human remains are anticipated to be present within the impact area of'the project site. tINEtigation: No mitigation measures are required. 2014-10-28 Agenda Packet 6 Page 350 Less Than Significant Potentially with Tress Than Issues: significant Nutig tion Significant No Tmpact Impact Incoxpoxated Impact VII, GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial ❑ ❑ ❑ adverse effects, including the risk of loss,injury or death involving: i Rupture of a known earthquake fault, as delineated on ❑ ❑ ❑ the most recent Alquist-Nolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? H. Strong seismic ground shaking? ❑ ❑ ❑ iii. Seismic-related ground failure,including liquefaction? ❑ ❑ ❑ iv Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss oftopsoil? ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable, ❑ ❑ ❑ or that would become unstable as a result of the project, and potentially result in on, or off site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil,creating substantial risks ❑ ❑ ❑ to life or property? e) Have soils incapable of adequately supporting the use ❑ ❑ ❑ of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal ofwastewater? Comments: a) The site,has,been previously graded but remains vacant„ There are no known active faults existing on the project site or in the immediate area The closest knowri active surface fault is the Silver Strand section of the Newport-Inglewood-Rose Canyon fault zone which is approximately six miles from the subject site Thexefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns b-d) See Mitigated Negative Declaration, Section F. 2014-10-28 Agenda Packet 7 Page 351 e) No septic tanks will be used for this project, since the site will be connected to the existing City sewer system. Mitigation.• The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant geological impacts to a level of less than significance. Less Ihan Significant Potentially With Less Than Issues: significant Mitigatiou Significant No Impact Impact Incorporated Impact VIII. HAZARDS AND HAZARDOUS MA.TERTALS Would the project: a) Create a significant hazard to the public ox the ❑ ❑ ❑ environment through the routine transport, use, or- disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the release of'hazatdous materials into the environment? c) Emit hazardous emissions or handle hazardous or ❑ ❑ ❑ acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? e) Be located on a site which is included on a list of ❑ ❑ ❑ hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment? 2014-10-28 Agenda Packet 8 Page 352 Less Ihan Significant Potentially with Less 1 an Issues' SiPfflcant Nutigation Significant No Impact Impact Incotpoxated Impact f) For a project within the vicinity of a private airstrip, ❑ ❑ ❑ would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically intetfeze with ❑ ❑ ❑ an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, ❑ ❑ ❑ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed withwildlands? Comments: a and b) See Mitigated Negative Declaration, Section E(Hazards/Hazardous Materials). i c) The proposed project includes a new apartment complex.. The proposed project will not emit acutely hazardous emissions or materials, therefbre, will not create a significant impact to the existing uses within the surrounding area d) Per the Phase l Eravir'onmental Site Assessment report dated Decembet .3, 2013, the proposed project is not located on a site included on the hazardous list pursuant to the Government Code Section 65962.5, therefore,will not create a significant impact to the public oz-the environment. e) The project is not located within an airport land use plan nor within two miles of a public airport or-public use airport;therefore,the project would not expose people residing or working in the project area to adverse safety hazards. f) The project is not located within the vicinity of a private airstrip;therefore,the project development would not j expose people working in the project area to adverse safety hazards g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation requirements. The proposed fine improvements include an emergency tut ixag radius and fire hy(hant. No unpaument or physical interference with the City's emergency response plan is anticipated h) The project is designed to meet the City's Pine Prevention building and fire service requirements,. No exposure of'people or structures.to.asiguiflcantrisk of lossrinjuiy or deathdue to wildfires is anticipated. Mitigatiom• the mitigation measures contained in Section P of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazaidous Materials impacts to a level of less than significance. 2014-10-28 Agenda Packet 9 Page 353 Less Than Significant Potentially With Less Than Issues: Significant ivLitigatiou Significant No Impact Impact Tncotpozated Impact IY. DRAINAGE AND WATER QUALITY Woutd the pxoject: a) Result in an increase in pollutant discharges to ❑ ❑ ❑ receiving waters (including inlpaixed water bodies pursuant to the Clean Water Act Section 30.3(d) list), result in significant alteration of receiving water quality dozing or following constiuction, ox violate any water quality standards or waste discharge requiiements? b) Substantially deplete groundwater supplies ox ❑ ❑ ❑ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater- table level (e g, the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the ❑ ❑ ❑ site or area, including through the alteration of the course of a stream.oz jiver, in a manner, which would result in substantial erosion oz siltation on- or off-site? d) Substantially alter the existing drainage pattern of'the site ❑ ❑ ❑ or area,including through the alteration of the course of :. a stream or riven, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structw-es within a 100-year flood hazard area which would impede or redit-ect flood flows? e) Expose people or structures to a sigafficant risk of loss, ❑ ❑ C1 injury or death involving flooding,including flooding as a result of the failure of a levee or dam? f) Create or contribute.runoff water,which would exceed El ® ❑ ❑ the capacity of existing ox planned stotmwatei drainage systems or' provide substantial additional sources of'polluted runoff? 2014-10-28 Agenda Packet 10 Page 354 Comments: a, c-d,and f)See Mitigated Negative Declaration,Section E b) The proposal would not substantially deplete groundwater supplies or interfere substantially with groundwater rec,hatge,or any adverse impacts on the groundwater quality. e) The proposal would not expose people or stiuctuies to significant risk of loss or, injury or death involving flooding. Nitration;, The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant drainage and water quality impacts to a level of less than significance. X. LAND USE AND PLANNING. Would the project: Less Than Significant Potentially With Tess Than Issues: Significant Mitigation Significant No Impact Impact Incotpotated Iinpact a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, ❑ ❑ ❑ of regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal piogiam, of zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan of natural community conservation plan? Con-imezrts a) The project site is surrounded with single family residential,commercial,and industrial uses. the proposed residential infill project would be consistent with the ohaiaeter of the immediate surrounding residential area and would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result ofthe project b) The project site is located within the Limited Industrial (ILP) Zone and RH (Residential High) General Plan land use designation, the project proposes to change the zone from Limited Industrial (ILP) to Apartment Residential (R3) zone. 'Therefore, the project has been found to be consistent with the all respective zoning regulations, Genial Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. 2014-10-28 Agenda Packet 1 Page 355 c) The project will not conflict with any applicable habitat conservation plan or natural community conservation plan.. Nitration No mitigation aneasuies are required. Less Bran Significant Potentially with Less Ihan Issues: Significant I Edgation Significant No Impact Impact Incot porated impact M, MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ mineral iesouice that would be of value to the legion and the residents of'the state? b) Result in the loss of availability of a locally ❑ ❑ ❑ important mineral resource recovery site delineated on a local general plan., specific plan or other land use plan? Comments: a) The project site has been previously disturbed with n±n mal grading on the site. The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the l esidents of the State of California b) 'The State of California Department of Conservation has not designated the project site for minet al resource protection. Therefore,no impacts to mineral resources are anticipated as a result of the proposed project Ml�tion' No mitigation measures are required„ 2014-10-28 Agenda Packet 12 Page 356 Less I hart significant Potentially with Less Than Issues' significant Mitigation Significant No Impact Impact Incorporated Impact XII, NOISE,. Would the project result in: a) Exposure of persons to or generation of noise levels in ❑ 0 ❑ ❑ excess of standards established in the local general plan or noise ordinance, of applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ❑ ❑ groundborne vibration or groundboine noise levels? c) A substantial peimanent increase in ambient noise ❑ ❑ ❑ levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in D ❑ ❑ ambient noise levels in the project vicinity above levels existing without the project? e) poi a project located within an aitpoxt land use plan or, ❑ ❑ ❑ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? i f) For a project within the vicinity of a private airstdp, ❑ ❑ ❑ would the project expose people residing or working in the project area to excessive noise levels? Comments: a,b,d) It is anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-term construction activities However, the project will be required to comply with the City's Noise Ordinance. Impacts to smi-ounding residential properties related to construction noise levels ar-e not expected to be significant The proposed apartment complex project is not located within the Health Risk Assessment Area (HRAA), within 500 feet of any adjacent freeway ox highway. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. c) See Mitigated Negative Declaration, Section E. 2014-10-28 Agenda Packet 1 3 Page 357 .............. .....__... ..... ...................... ............... ........... .... .._...... ................. ............ ......... e-f) The project is not located within an airport land use plan of within two miles of a public airport,not is it located within the vicinity of a private airstrip_ Therefore,the project development would not expose people zesiding of working in the pxoj ect area to excessive noise levels.. Mitigation: The mitigation measures contained in Section F of the-Mitigated Negative Declaration would mitigate potentially significant Noise impacts to a level of less than significance{refer to Noise Section).. Less Ihan Significant Potentially with Less Ihan. Xssues: Significant lWitigation Significant No Impact Impact Iaempoiated Impact j MR., POPULATION AND HOUSING,, Would the project: i a) fnduce substantial population growth in an area, either, ❑ ❑ ❑ directly (fox example, by proposing new homes and businesses) or indis•ectly (for example, through extension of road or other inflastiuctuie)? b) Displace substantial numbers of existing housing, ❑ ❑ ❑ necessitating the construction of replacement housing 11 elsewhere? c) Displace substantial numbers of people, necessitating ❑ ❑ ❑ the construction of replacement housing elsewhere? I Comments: I (a-c)No residential development is proposed that would induce substantial population growth in the area ox iequire substantial infrastructure improvements. No permanent housing exists on the project site and no displacement of housing or person would occur as a result of the proposed project, Based upon the nature of the proposal no population growth inducement is anticipated. The project is an allowable residential use under the proposed Rezone and current General Plan. Mi62ation: No mitigation measures are required 2014-10-28 Agenda Packet 14 Page 358 ......... ......... ......... Less Iban Significant Potentially with Less Ilran Issues: Significant yE{Igation Significant NoImpact Impact Incorporated Impact XLV.• PUBLIC SERVICES. Would the pzCject: Result in substantial adverse physical impacts associated ❑ ❑ ❑ with the provision of new or physically altered governmental facilities,need foi new of physically altered governmental facilities, the construction of which could cause significant envuonmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for anypublic services: a)Fire protection? ❑ ❑ ❑ b)Police protection? ❑ ❑ ❑ c)Schools? ❑ ❑ ❑ I d)Parks? ❑ ❑ ❑ e)Other public facilities? ❑ ❑ Comments• a) According to the City of'Chula Vista Fire Department, adequate fine protection services can continue to be provided to the site. The applicant wifl be required to comply with the Fire Department policies foi fire hydrant placement, fire truck turnaround and new building construction. the City's Fire performance objectives and thresholds will continue to be met. I b) According to the Chula Vista.Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or,result in a need foi substantial new or-altered police protection services The City's Police perfoirriance objectives and thresholds will continue to be met. c) the proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result.. d) The proposed project would not induce significant population growth,as it is a proposal for-the new school and church buildings. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public izrfxastr€icture• 2014-10-28 Agenda Packet 15 Page 359 Mitigation: No mitigation measures are required Less Than Significant Potentially With Less Than Significant Mitigation significant No Impact Issues: Impact Ltcozpotated Impact XV., RECREATION,. Would the project: a) Increase the use of existing neighborhood and regional ❑ ❑ ❑ parks or other recreational facilities such that substantial physical detexioxation of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ ❑ ❑ the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? Comments: a) Because the proposed project would not induce significant population growth, it would not create a demand for neighborhood or regional parks or facilities Neither will the proposed project impact existing neighborhood parks or recreational facilities b) The project does not include the construction or expansion of x-ecreatimal facilities The project site is not planned for any future parks and recreation facilities or programs. Iherefbm, the proposed pxnject would not have an adverse physical effect on the recreational environment. M____ aat oia No mitigation measures ar-e required.. 2014-10-28 Agenda Packet 16 Page 360 Less Than Significant Potentially with Less Ihan Issues: Significant IvEtigation Significant No Impact Impact Incotporated Impact XVL TRANSPORTATION 1 TRAFFIC. Would the project: a) Cause an increase m t(affic, which is substantial in ❑ ❑ ❑ relation to the existing traffic load and capacity of the street system (i e, result in a substantial increase in either- the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or,cumulatively, a level of ❑ ❑ ❑ service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ❑ ❑ M ❑ either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ❑ ❑ ❑ (c g, sharp curves ox dangerous intersections) or incompatible uses(e g.,farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g} Conflict with adopted policies, p lans, or pingrams El ❑ L1 supporting alternative ttansportation (e g., bus turnouts,bicycle racks)? Comments: (a,b,d,e) According to the Land Development Division, the proposed residential infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts The project generated traffic trips ar,e minimal, approximately 776 Average Daily. Trips (ADIs) that is not considered to be a substantial increase in either number of vehicle trips, volume or-capacity along Main 2014-10-28 Agenda Packet 17 Page 361 _....... Street and su rounding street segments. No significant traffic impacts will be created as a result of the proposed pt"oj ect. e) The proposal would not have any significant effcct upon any air tr affic patterns, including either an inci case in traffic levels of a change in location that results insubstantial safety risks. f) The proposed project involves the addition of a new school and church buildings with 181 parking spaces at final built-out, in accordance with the Chula Vista Zoning Code The proposal meets ADA z"equirements for accessibility and parking. g) The closest bus stop is located approximately 500-ft. west of the project site along Main Street. the proposal would not conflict with adopted transportation plans or"alternative transportation programs. Mitigation: No mitigation measur es ate required. Less Ihan Significant Potentially with Less Ihan Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact XVH. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment r•equit•ements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ ❑ wastewater, is"eatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Requite or result in the construction of new storm water ❑ ❑ ❑ diaivage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water" supplies available to serve the ❑ ❑ ❑ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ❑ ❑ ❑ provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 2014-10-28 Agenda Packet 18 Page 362 Less Iban Significant Potentially With Less Than Issues: Significant Mitiaadon Sigtiiticant No Impact Impact Tncozpozated Impact f) Be served by a landfill with sufficient permitted capacity ❑ ❑ ❑ to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ❑ regulations related to solid waste? Comments a) The project site is located within an urban area that is served by all necessary utilities and service systems. According to the Land Development Division, no exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the proposed project. b) The project does not propose the construction of new water, wastewater treatment facilities, or expansion of existing facilities No significant impact to existing facility systems will occur as a result of the proposed project. c) See Mitigated Negative Declaration, Section F. d) The project site is within the potable water service area of the Sweetwater Authority No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. e) See XVI a and b f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of'the region in accordance with State law. g) The proposal would be conditioned to comply with federal, state and local regulations related to solid waste. i Mitization The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level of less than significant. 2014-10-28 Agenda Packet 19 Page 363 Less Ihaz Significant Potentially with Less Ihan Issues: Significant Situation Significant No Impact Impact Incorporated Impact XVIII. THRESHOLDS Dill the proposal advefsely impact the City's Threshold Standards? A) Librar ❑ ❑ ❑ The City shall construct 60,000 gross square feet(GSF) of additional libiaxy space,over the Tune 30, 2000 GSF total,in the as ea east of Interstate 805 by buildout, The construction of said facilities shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population Library facilities are to be adequately equipped and staffed. B) Police ❑ ❑ ❑ a) Emergency Response: Property equipped and staffed police units shall respond to 81 percent of"Priority One" emergency calls within seven(7) minutes and maintain an average response time to all "Priority One" emergency calls of'5 5 minutes or less.. d) Respond to 57 percent of "Priority Iwo" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two"calls of 7.5 minutes or less. C)Fire and Emergency Medical ❑ ❑ ❑ Emergency response: Propeily equipped and staffed fire and medical units shall respond to calls tluoughout the City within 7 minutes in 80%ofthe cases(measured annually). D) Traffi c ❑ ❑ ❑ The 'Threshold Standards require that all.intersections mast operate at a Level of Service (LOS) "C" ox better; with the exception.that Level of Service(LOS)"D"may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of I-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour.. Intersections of arteiials with freeway ramps are exempted from this Standard 2014-10-28 Agenda Packet 20 Page 364 Less Ihan Significant Potentially with Less Ihan Issues: Significant lVlitiQafion Significant No Impact Impact Incorporated Impact E)Parks and Recreation Areas ❑ ❑ ❑ The Ihreshold Standard for Parks and Recreation is 3 acres of'neighborhood and community parkland with appropriate facilities/1,000 population east of I-805 F)Drainage ❑ ❑ ❑ The Threshold Standards requiie that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Draivage Master Plan(s) and City Engineering Standards G) Sewer ❑ ❑ ❑ The Tbreshold Standards require that sewage flows and volumes not exceed City Engineering Standards Individual projects will provide necessary improvements consistent with Sewer-Master Plan(s)and City Engineering Standards. i B) Water ❑ ❑ ❑ the Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. i Applicants may also be requited to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The project would not induce substantial population growth;therefore,no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur' as a result of the proposed project.. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a signifrcaut effect upon or resrxlt in a need for substantial new or altered police protection services No adverse impact to the City's Police Ihx•eshold standards would occur as a result of'the proposed project 21 2014-10-28 Agenda Packet Page 365 ......... .... ..._. ..._..... ..... ...... ... ........... ........... ......... c) According to the Fite Department,adequate fire protection and emergency medical services can continue to be provided to the project site Although the Fire Department has indicated they will provide service to the project,the project will contribute to the incremental increase in fire service demand duoughout the City This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project d) According to the Traffic Engineering Division,the surrounding street segments will continue to operate in compliance with the City's traffic threshold standard with the proposed project traffic No adverse impact to the City's traffic threshold standards would occur,as a result of the proposed project. e) the proposed project would not induce significant population growth and would not impact existing or proposed recreational facilities The project would create a private recreation area for the residents f) Based upon the review of the project, the Laud Development Division has determined that there are no significant issues regarding the proposed drainage improvements of'the project site No adverse impacts to the City's drainage threshold standards will occur as a i esmlt of'the proposed project. g) the project site is within the boundaries of the City of Chula Vista wastewater services area. No adverse impacts to the City's sewer system of City's sewer threshold standards will occur as a result of the proposed project. h) The project site is within the potable water service area of the Otay Water District No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. IVlitfgation Measut es: No mitigation m.easmres are required. i 22 2014-10-28 Agenda Packet Page 366 ......... Tess Riau Significant n PotentiaLiy with Less Tha Issues: significant Mitigation Significant No Impact Impact Incorpotated Impact XTX, IV NDATORY FzYDZNGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ❑ ❑ ❑ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal com_rrntuaity, reduce the number or restrict the range of a rare or endangered plant or animal or elim± ate important examples of'the major periods of California history or prehistory? b) Does the project have impacts that ar-e individually ❑ ❑ ❑ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which ❑ ❑ ❑ will cause substantial adverse effects on human beings, either dit-ectly or,indirectly? i Comments: a) See Mitigated Negative Declaration,Section E. b) The project site has been previously disturbed with a minimal grading No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been.,identified c) The project will not cause substantial adverse effects on human beings, either du-ectly of indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significance. Mitigation Measur es: The mitigation measrues contained in Section F of'the Mitigated Negative Declaration would mitigate potentially significant impacts to a level of less than significance, 23 2014-10-28 Agenda Packet Page 367 ... ......... .. ......... XX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures ate contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Plogtam, of Mitigated Negative Declaration IS-I3-006. XXI. AGREEMENT TO IMPLEMENT NIITIGAIION MEASURES By signing the line(s) provided below, the Applicant and/or Opelatoi stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within the Mitigated Negative Declaration, IS-13-006, and will implement same to the satisfaction of'the Environmental Review Coordinator. Failure to sign below prior to posting of'this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/oz Operator shall apply for an Environmental Impact Report. Pr inted N Title of Applicant luthoiized ed zepresenta 'C of Applicant Date representative) NIA Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator Date (if different from Applicant) 24 2014-10-28 Agenda Packet Page 368 ......... YXTI ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this pioject, involving at least one impact that is a "Potentially Significant Impact" of "Potentially Significant Unless Mitigated," as indicated by the checklist on the pievious pages ❑ Land Use and Planning ❑ Tianspoitation/Tiaffic ❑ Public Seivices ❑ Population and Housing Biological Resources ❑ Utilities and Seivice Systems Geology and Soils ❑ Energy and Mineial El Aesthetics Resources ❑ Agiicultaial Resources ❑ Lighting Diainage/Watei Quality ❑ Hazards and Hazaidous Cultural Resouices Materials Air Quality VM Noise ❑ Recreation ❑ Paleontological ❑ Mandat6iy Findings of Significance Resources i i i 25 2014-10-28 Agenda Packet Page 369 ......... ....... . .......... ................ ....... ......... .............................. XXEZ, DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the ❑ environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared I find that the proposed project may have a significant effect on the environment, ❑ and an Environmental Impact Report is required I find that the proposed project may have a significant effect(s)on the environment,but ❑ at least one effect: l)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated An Envix onmental Impact Report is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project An addendum has been prepared to provide a record of this determination. Caroline Young Date Associate Planner City of Chula Vista 7:1PlanninglCarodnc;\Disoxetionary Permits13875 Main Street/15-13-006VS-13-006checklist doe 26 2014-10-28 Agenda Packet Page 370 P l a n n i n g & i3 u i I d i n g D e p a r' f r n e n t CITY OF Planning Division Development Processing CHUTA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior, to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed The following information must be disclosed: 1 List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier„ Stone CYeek Casitas, LLC Ch.-ismatt Cotp, Managing Member i 2. if any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership)entity j ,Tames V, pieri Gregory Scott 3 If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or bustor of the trust. 4.. Please identify every person, including any agents, employees, consultants, or,independent contractors you have assigned to represent you before the City in this matter Dan Rosenbexg Damian, Taitano Neff Lundstrom _john Howard Kevin O'Neil Wayne Stirrers. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No x If Yes, briefly describe the nature of the financial interest the official'may have in this contract.. 6 Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No x Yes_ If yes, which Council member? 2014-10-28 Agenda Packet Page 371 276 Fourth Avenue I Chula Vista I California 1 91 910 (619) 691-5101 Attachment 8 P l a n n i n g & B u i l d i n g D e p a r t m e n t CITY OF Planning Division f Development Processing CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7 Have you provided more than $340 (or an item of equivalent value) to an official`of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc ) Yes No x If Yes, which official**and what was the nature of item provided? Date: 12-10-2013 _. Sig ature of Contractor/Applicant Stone Cteek Casitas,LL,C/Chxismatt Coxp,Managing Membex Print or -James V. Pier.,Pzesi.denttype name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other, political subdivision, -or any other group or combination acting as a unit ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 2014-10-28 Agenda Packet Page 372 276 Fourth Avenue I Chula Vista I California 91910 (619) 691-5101 V) 06 Z v N N Q Z C) J Z — g� (J ZW mZ CL W J ZO p LLU m Q w O Z Z N N Z Z O ; W LJ N p °- 06 2 � cnz000O00 ,< wj Z � �m° N CL W J CL O Q Q Q Q Q Q U U O OU z Q W Q � > > > > > > W W J LU HmU � W ZOU J J J J J JcCcCU as x = < CL CL V) � QUo2S W W W W W W w QQ Q N J Z X N U H CL Q m Q Q m m U U Z Z 2 W U U Z � 1Z CL0 wZ� QQ � QZZ X J J J J J J J J W W WN N W LL O U ~ m m m m m m m m J J N J J W J U — — — Vf U U U U U U U Q Q Q Q Q Q Q Q Q Q Q Q Q J J J I � 'II��I I I III I O wt wt wt h h OD O G I W [1] m _ F $ III \ o `n Q a Z U m m m m '} CC Z — d w w 7 Fg � < iq 7 — NMv W LU ° � ° 00 ggggo � U Q d v o� c� N d d d d H o - w fjll — cn z U Uw w 111111'1 Z � O U ° ate O Moo � � W Wz o Z O 0 X 0 ° ° a a � a F U O O Z O O a � a � D � Z j I,I �a I'II W O \ II LL LL LL LL W 00 00 00 III W OD h h OD Vf Vf Vf 1 II 6y I'Il W W 16 OD ^ ♦p � 00 OD W N CII � II II � — o s�nn s�nn � C, FF- zz � Z w X F > > > a U 0 0 U O a U D p C7 O 1010 0 Ln I z ---- _- ' w d -- III ro o0 U v° w� G 4 III u� U �v a+ a °U� ZLU Q Q oN �_ o N N � �H Q "o LI U J o� Z Z 0-2 O LL UNLL F� L GC s a E, > M U 0 o LUQ LU I _ z � 0 ox °x a m 0 m ~ Z O " El � m e,z£ N z + LL o Y- LU = F- m Le) Z0----o CL-Xlyl O ca N M vo KF Z Z + LL - w 0 N Y 2 O w r H CO m 0 p Y 00 00 ('V „8-dZ � O wpr v~i w x am" r E p% o F z � m CL Y w O _ w r O F z 0 O w 0 O .,O I-,Z£ 0 CL Co —j O " LL p� °x � " O a = z Lu op W Y m Vn C7 a% w r u O .,8-.LZ p- F LLJ Y 00 00 0 OD r > w - Np m m Y O L�1 ux w O N —_ UL s v z + LL o q Y 0 J m O 0 CL _ Ln 1 U u w r O 0 � Q apx � a u ° J d ,rV o L bm U 2 0 =sue U ZwQ N• � w U J o, N � � z z LU s o V o � �o� U d w L N � s Q E > M U 0 w — w � aZ �0 IL ~ z O Q ..01'.09 0 GC 0 U a Q a El co O a m 0 L7 Z ° Z O Z m ° J Z o � J o .L n o d LL Q o ° J En n CO Q J M I® N M �° I® CL Z o Z (� Z o (� ° N J J J N Ln a ° CL CL ° ° O CL o C7 N M o Z Z Z Z `~ cto—oF ca 60 0 ° (n o N d a z � �� Z ° g Z El 9 o d N CL 0 d cm o 0 Q U u Q H � •ro o 0 u ° =a u N>� 2 0 =sue U Zw N M � w U J o� N � � Z Z LU s o V O U d w L N C� -< E „01-.09 aC,� U N u E M w W IL a Z �0 IL LL oar o ~ Z O ° ® oC ° m v~i El El ca 0 Q ° z a a LL J °_° D CL d M m M �o od �° M rl N z M o Z Z N z a o 0 0 0 N O CL d d o a o rl 9 ® ° U 9 10 0 0 � Z CL W O O 0 0 CL LL ° N cl LL J U co alf U M od 0 N m 12 0 N z Z N 0 J_ m ..L-.09 O � Lr 0 �° Z a r14 � m o �J Z Z M N Z o N O� g g o g o N �m Z u N Q U u Q H u ° a, u 2 0 =sue U Y • .• �YYWWWYW"--. ! i V, ISMA• rN•N•WIbll M4 yP�p�Y �' • • «.rw.r"""""" 4t¢•�I 4 t r • 1aNN�MMM•IM•• f �-a t • IINII �r • ,f.,tl m r� J•C. 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Update regarding Illegal Campaign Sign Enforcement (City Attorney, Public Works and Code Enforcement) City of Chula Vista Page 1 of 1 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 394 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0609, Item#: 15. RATIFICATION OF APPOINTMENT OF YOANA BANDALA TO THE INTERNATIONAL FRIENDSHIP COMMISSION City of Chula Vista Page 1 of 1 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 395 Mayor and City Council City Of Chula Vista 276 Fourth Avenue 4'T41 Chula Vista,Ca 9191MEMO CITY OF 619.691.5044—619.476.5379 Fax CHULA VISTA October 22, 2014 TO: Kerry Bigelow, Senior Deputy City Clerk Sheree Kansas, Deputy City Clerk CC: Jill Maland, Assistant City Attorney FROM: Jennifer Quijano, Constituent Services Manag . RE: International Friendship Commission Mayor Cox would like to recommend Yoana Bandaia for appointment to the International Friendship Commission. Yoana will replace Rebecca Kelley. Please place these items on the October 28, 2014 Council agenda for ratification and schedule the oaths of office for the next available City Council meeting. Thank you. 2014-10-28 Agenda Packet Page 396 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0592, Item#: 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Donald Sipple v. City of Hayward, et al., (including the City of Chula Vista), Los Angeles Superior Court, Case Number BC462270 City of Chula Vista Page 1 of 1 Printed on 10/23/2014 istar 2014-10-28 Agenda Packet powered by Leg age 397 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0605, Item#: 17. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One Case City of Chula Vista Page 1 of 1 Printed on 10/23/2014 2014-10-28 Agenda Packet Page 398