HomeMy WebLinkAboutAgenda Statement 1984/04/10 Item 16 COUNCIL AGENDA STATEMENT
Item 16
Meeting Date 4/10/84
ITEM TITLE: Resolution /27//Amending Condition 17 of Resolution 11428
(Charter Point Subdivision)
SUBMITTED BY: City Engineer (4/5ths Vote: Yes No x )
REVIEWED BY: City Mana�,- / /
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Charter Point Subdivision has completed 104 dwelling units and is ready to
finish more units. According to the conditions of the subdivision they can
occupy no more than 104 units until Telegraph Canyon Road is widened on a
temporary alignment between Otay Lakes Road and the existing widened section
easterly of Paseo Ladera. City staff doesn't want them to widen the road now
until an overall plan is worked out between Charter Point, Eastlake and
Gersten Co. for ultimate improvements on Telegraph Canyon Road. This
agreement and subdivision proposes to accomplish both goals by allowing
Charter Point to continue building upon receipt of a significant cash deposit.
RECOMMENDATION: That the Council approve the resolution modifying the
conditions of the subdivision and approving an agreement with Charter Point to
deposit $800,000 with the City as further commitment to the construction of
these off-site improvements.
BOARDS/COMMISSIONS RECOMMENDATION:
DISCUSSION:
On October 27, 1983, Council approved Resolution 11428 which amended Condition
17 of Resolution 10276. The original condition stated that the developer was
required to construct Telegraph Canyon Road between Charter Point and the
existing widened section easterly of Paseo Ladera four lanes wide (57 feet
curb to curb) on a temporary alignment. That was to be done prior to
occupancy of 104 residential units in Phase I. The latter resolution merely
struck out "Phase I" and allowed up to 104 residential units to be occupied
irregardless of the location. The reasoning behind that approval was: 1 ) the
traffic volumes on Telegraph Canyon Road have dropped significantly from the
time the original requirement was placed, 2) the fact that the condition is
still there, merely the date of construction was changed, 3) East "H" Street
was completed which helps to alleviate some of the traffic congestion on
Telegraph Road, 4) there really wasn't a change as far as the number of units
were concerned, it merely allowed the developer to build the 104 units in any
phase, and 5) the bond of $1 .6 million for the construction of off-site
improvements was still in force.
Page 2, Item 16
Meeting Date 4/10/84
In recent months, City staff has been discussing with the Gersten Companies,
EastLake, and Pacific Scene, a proposal to change Pacific Scene's requirement
to construct Telegraph Canyon Road. Those discussions have been relative to
constructing less off-site improvements (which would be removed in the future
anyway) and to the construction of on-site improvements which would be
permanent. The Gersten Companies, as well as EastLake, Inc. , hesitate to make
their agreement known until they have been able to review traffic volumes as
will be presented in the SANDAG traffic circulation study.
Engineering staff believes it worthwhile to delay the construction of the
improvements if it can be determined that permanent onsite improvements would
adequately serve the development. The reason for this is that the offsite
improvements were to be built on a temporary 57 foot curb-to-curb width with
no median island and only a 3-foot painted median area. This would provide
for four lanes of traffic, one bike lane in the street, and one bike path
behind the curb. Approving an agreement whereby Pacific Scene will build
ultimate improvements in front of their project in lieu of temporary
improvements both in front of their project and offsite would be better from
the standpoint that street improvements would not be installed in the wrong
place and in the near future be removed and reconstructed. It should be
remembered that this original plan was approved prior to any contact from
EastLake, that they were intending to build a major community that would use
Telegraph Canyon Road.
Engineering staff is presenting to Council a resolution and agreement whereby
the original condition for the subdivision would not change as far as ultimate
responsibility AT THIS TIME. It would merely hold off construction of the
improvements until an overall plan for the construction of Telegraph Canyon
Road between Paseo Ladera and EastLake is developed. However, the City
Engineer is unwilling to recommend this without further financial commitment
from Pacific Scene Inc. . In a meeting between Pacific Scene and the City
Engineer, agreement was reached whereby Pacific Scene would deposit cash in an
interest-bearing savings account under the control of the City in the amount
of $800,000 or one-half of the total estimated cost. The original bond for
the $1 .6 million would then be reduced to $800,000 for a total security that
would remain at $1 .6 million. Telegraph Point Subdivision (256 dwelling
units) which is immediately east of Otay Lakes Road and Charter Point (274
dwelling units) were both responsible for these offsite improvements.
Therefore, it was staff's opinion that a cash deposit in the amount of
one-half of the total cost would be an appropriate sum to require from Charter
Point to allow them to receive more building permits.
SANDAG has indicated that final results of the traffic circulation study for
the year 2050 and 1995 will be completed within the month. Also, EastLake
Development Co. has submitted their SPA proposal which addresses construction
of Telegraph Canyon Road. Therefore, it is staff's opinion that a final
agreement on the responsibilities for constructing Telegraph Canyon Road
between Paseo Ladera and Eastlake Development Project will be agreed upon
prior to buildout of Charter Point. It is estimated that an agreement will be
reached within the next three or four months. Once an agreement is reached,
staff will return to Council with a new proposal for Pacific Scene's
construction responsibility of Telegraph Canyon Road.
.
Page 3, Item 16
Meeting Date X0/84
In conclusion, this agreement does not change the total responsibility of
Charter Point, however, it does change how many units Charter Point can build
prior to actual installation of the improvements. Since the original
condition was based upon increased traffic requiring the offsite improvements,
and since traffic has actually reduced significantly in the last few years,
staff believes it would be better to delay installation of the temporary
improvements until plans can be reached for the future ultimate improvements.
The improvements will be installed prior to construction of 220 units (total
units in subdivision 274) or by April 1 , 1985, whichever occurs first.
Hopefully, a final agreement for responsibility on Telegraph Canyon Road
between EastLake, Charter Point, Gersten and the City will be reached before
220 units are built.
FISCAL IMPACT: The security for the improvement is given to the City in
cash for $800,000 and bond for $800,000. The City would not have to spend
legal fees to call up a bond for the $800,000 amount.
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GREAT AMERICAN FEDERAL SAVINGS BANK
600 B Street
San Diego, California 92138
April 13 , 1984
City of Chula Vista
Public Works Department
Engineering Division
276 Fourth Avenue
Chula Vista, CA 92010
Subject : Pledge of Monies as Guarantee for Installation
of Improvements
Gentlemen:
This corporation is a legally constituted corporation, organized
and existing under and by virtue of the laws of the State of
California. In accordance with the requirements of the City of
Chula Vista, Great American Federal Savings Bank certifies that
there are on deposit , in the name of Treetops Unlimited and the
City of Chula Vista, funds in the amount of $800 , 000 . 00 , which
certification is evidenced by the attached Certificate of Deposit
or passbook delivered to the City of Chula Vista and pledged
therein and hereby to the City of Chula Vista as an improvement
security to be used solely and exclusively for the purpose of of
securing the installation of certain improvements at Telegraph
Canyon Road, Chula Vista, California_
Great American Federal Savings Bank hereby represents and certi-
fies that it shall, pursuant to the terms and conditions of this
pledge, dispense the monies held in said account only in accordance
with the direction of the City of Chula Vista, and shall release
those funds to no other person or parties .
In addition, Great American Federal Savings Bank hereby represents
and certifies that the above-mentioned Certificate of Deposit,
Account No. 000-3186038 , has a maturity date of October 15 ,
1984 , and that upon such maturity the Certificate of Deposit
will be renewed for 30-day periods or transferred to a passbook
savings account, at the option of the City of Chula Vista. It
is acknowledged that upon maturity at the end of the initial
six-month period or any subsequent 30-day period that the Certi-
ficate of Deposit or passbook account will remain pledged to the
City of Chula Vista as stated above.
Sincerely,
Q.
Bry n Botsford
Great American Federal
Saving Bank
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, , ,
Thank you for opening the following accounts
This document is your evidence of account ownership. For information and fees regarding
your account, please see the Account Rules and Regulations and Services and Prices brochures.
TREETOPS UNLIMITED AND
Accouatholder(s): THE CITY OF CHULA VISTA Date: APRIL 13, 1984
Account Number Rate Term Opening Balance
000-318-6137 10.875% 6 MONTHS
MATRUES; 10/15/84 800,000.00
Renewal Information:
Account Number Rate Term Renewal Balance Renewal Da
s
P.
*WO, Smola
A-6(Rev.12/83)
(INDIVIDUAL) FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA SS.
COUI�TYrO 1S 13 D 9c4 _ _ _—_— - _ ___ _"_
P f before me,the under- OFFICIAL SEAL
On ".�.x.`, P L COLLINS
signed,a Notary Public in and for said County and State, personally appeared
:-
tz • NOTARY PUBLIC - CALIFORNIA ti
i ' r SAN Dl GO COUNTY
Bryan Botsford j --? ' My comm. exrires JAN ' ,2::
, ,personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name
subscribed to the within instrument and acknowledged that executed the same.
WITNESS my hand and official seal.
P.L Collins -41W1 _______ /75 7/
NP-1 - •e• or P inter
Pacific
Scene,lnc.
April 13 , 1984
City of Chula Vista
Public Works Department
Engineering Division
276 Fourth Avenue
Vhuls Bidys , VS 93010
I hereby certify that I have on deposit the amount of $800 , 000 . 00
as a guarantee of the installation of improvements at Telegraph
Canyon Road in Chula Vista, California, in the Great American
Federal Savings Bank to be used solely and exclusively for the
purposes set forth hereinabove. Said amount is in Account No.
000-3186038 as evidenced by the attached Certificate of Deposit
or passbook. I hereby authorized Great American Federal Savings
Bank to dispense the monies only in accordance with the terms
set forth hereinabove, and the terms and conditions of that
certain agreement which I have heretofore executed with the City
of Chula Vista dated April 10 , 1984 .
TREETOPS UNLIMITED
By: Pacific Scene, Inc. ,
General Partner
By: 144° //S
J4� Werner
S - or Vice President
3900 Harney Street, San Diego, California 92110 (619) 299-5100
STATE OF CALIFORNIA) ss:
COUNTY OF SAN DIDGO)
On this j au' day of A.A c-', 1 , 199' before me, the undersigned, a Notary Public in ar
for said County and State, personally appeared ro>,t B. We.e a e� , Proved to me on the b�
of satisfactory evidence to be the 0 t c..e_ President, on&
known to me to be the fieecapakarr-,4 of PACIFIC SCENE, INC. , the corporation
that executed the within instilment on behalf of said corporation, said corporation being ki
to me to be one of the joint ventures of TREETOPS UNLIMITh1), the joint venture that executes
within instrument, and acknowledged to me that such corporation executed the same, both ind:
vidually and as joint venturer of said joint venture, and that such joint venture also execs
the same.
^ -
WI , • d and official seal. N. OFFICIAL SEAL _
' a RAE MARIE KESSIER
I � -��y NOTARY OUBlfC •CALIFORNIA It
' SAN DIEGO COUNTY
My comm. mires FE8 16, 1985
Not- • blic in and for said County and State. - - •