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HomeMy WebLinkAboutReso 2015-268 RESOLUTION NO. 2015-268 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPRO\'II�'G THE MAINTENAI�tCE AGREEMENT FOR Ii`'TERIM DRAINAGE IMPROVEMENTS AI�'D I�TPDES FACILITIES WITH SLF IV/MCMILLII�' MILLEI�'IA JV. LLC. FOR OTAI' RANCH b4ILLET�'IA PHASE 2 (EASTERI�I URBAI�' CENTER) AI�TD AUTHORIZII�'G THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on September 1�, 2009, in accordance ��ith Cit}� Council Resolution No. 2009-26�, Council approved the Tentati��e Subdi��ision Map for the Otay Ranch Eastem Urban Centec Chula Vista Tract 09-03 (Tentative Map) for the subject property; and WHEREAS, a Condition of Approval of the Tentative Map requires the Developer to enter into an aereement ��ith the Cin� to pro��ide for the maintenance of all proposed drainage and �vater qualit�� treatment facilities attributable to the project; and WHEREAS, on Januarv ]0. 201L the Cit�� appro��ed the mass-gradine plans for the McMillin Eastern Urban Center (Millenia), Chula Vista Drawing No. ]0044, which proposed the temporary grading, and construction of drainage facilities, includine erosion control and desilting basins; and WHEREAS. on September li, 2011, in accorda�ce ti�ith City Council Resolution No. 2011-167; the Cit�� Council approved the Interim Desiltation and Maintenance Agreement for the Mass Grading of Millenia betti�een the City and SLF IV/McMillin Millenia JV, LLC, which �i�as recorded on November 2. 2011. as Official Record No. 2011-0�8226�: and A'HEFZEAS. on December 11. 2012. in accordance ���ith Cit�� Council Resolution No. 2012-241, the Cih� Council appro��ed an Amended and Restated Interim Desiltation and Maintenance A¢reement �tiith SLF IV/McMillin Millenia JV. LLC which H�as recorded Januarv 25. 2013 as Official Record I�'o. 2013-00�3282: and WHEREAS. this Maintenance Agreement for Interim Drainage Improvements and NPDES Facilities for the Otay Ranch Millenia Phase 2 is necessary to identifi� those ne�i� De��eloper maintained features and responsibilities required of the De��eloper associated with the second phase of gradine of Millenia and shall supersede the previous two agreements; and �l'HEREAS, the Development Services Director has reviewed the proposed agreement for compliance ���ith the Califomia Em�ironmental Qualin� Act and has determined that the agreement and ���ork associated thereH�ith is adequatelv covered in pre��ious certified Final Second Tier Em�ironmental lmpact Report (EIR 07-01) For the Otav Ranch Eastem Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Thus: pursuant to the Califomia Environmental Qualitv Act, no additional en��ironmental review is required. Resolution No. 201�-268 Page No. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Maintenance Agreement for Interim Drainage Improvements and NPDES Facilities for the Otay Ranch Millenia Phase 2 between the City and SLF N/McMillin Millenia JV. LLC in the form presented, with such minor modifications as may be required or approved by the Cin� 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 the same. Presente by• Approved as to form by . � Kelly G. oughton, FASLA Glen R. Dogins �`�.� Director of De��elopment Services �ty Atto �ey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 17th day of November 2015 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None , .� Mary Sala , Mayor ATTEST: �� � �� Donna R. Nomis, CA�C, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2015-268 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council l�eld on the 17th day of November 2015. Executed this 17th day of November 2015. �(.� Donna R. Norri�City Clerk