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Home My WebLink AboutAgenda Packet 2002/04/09 CITY COUNCIL AGENDA April 9, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~{f? ~ ~~~~ """-- ~ """ """" CllY OF CHUlA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 ********** --^^- -----^^. -^--^- AGENDA April 9, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: SIMÓNE SILVA AND SALVADOR SAUCEDO - CIVIL SERVICE COMMISSION, AND BOB STRAHL - PARKS AND RECREATION COMMISSION . INTRODUCTION BY POLICE CHIEF EMERSON OF THE EMPLOYEE OF THE MONTH, JUDY RHODES, SENIOR OFFICE SPECIALIST, POLICE DEPARTMENT . PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO BRAD REMP, BUILDING OFFICIAL, PROCLAIMING THE SECOND WEEK OF APRIL 2002, AS INTERNATIONAL BUILDING SAFETY WEEK . PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO KORKI BOTTOMS, LEAD COMMUNICATIONS OPERATOR, AND CLAUDIA HEDRICK, COMMUNICATIONS OPERATOR II, PROCLAIMING THE WEEK OF APRIL 7, 2002 AS TELECOMMUNICATIONS APPRECIATION WEEK CONSENT CALENDAR (Items 1 through 18) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be thejìrst items ofbusiness. \. APPROVAL OF MINUTES of March 12, 2002. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS This item has been pulled- ^ .----- ^ -^----- 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 3.50.020, 3.50.030, 3.50.050, 3.50.070, AND 3.50.090 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY (SECOND READING AND ADOPTION) In June 2000, City Council increased the total Public Facilities Impact Fees (PFDIF) lTom $2,150 to $2,618 per equivalent dwelling unit (EDU) -- the first significant update to the PFDIF in nine years. The increase was based on the "Development Impact Fee for Public Facilities, 1999 Update", which included very preliminary versions of the new police facility, corporation yard, and civic center expansion master plans. Subsequently, the design firm of Highland Partnership, Inc. was hired to provide a rigorous needs- assessment and cost analysis for the police and civic center projects. Council approved new master plans on July 17, 2001, containing updated costs that necessitate a fee increase lTom $2,618 to $4,888 per EDU. The police and civic center projects account for over 71 percent of this increase. Fee adjustments for all PFDIF components are included in the "Public Facilities DIF, 2002 Update". (Director of Budget and Analysis) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE SIX (SECOND READING AND ADOPTION) Otay Ranch Company has applied to amend the Village Six Sectional Planning Area (SPA) Plan to re-designate neighborhood R-7a lTom single-family SF-4 to residential multi-family RM-2, and to reallocate 47 dwelling units lTom neighborhood R-9a to neighborhoods R- 7a and R- Th. The overall number of dwelling units in the Village Six SPA area will remain the same. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 5A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER DEVELOPER AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS AND VISTAS, REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NOS. 2001-269 AND 2001-375, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAPS OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6, WR- 7 AND EASTLAKE III VISTAS - PHASE 1; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS, ALL AS GRANTED ON Page 2 - Council Agenda 04/09/02 SAID MAPS WITHIN SAID SUBDIVISIONS; ACKNOWLEDGING ON BEHALF OF THE PUBLIC, THE IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF OLYMPIC PARKWAY; ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA ALL IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS; VACATING CERTAIN SLOPE AND DRAINAGE EASEMENTS WITHIN THE WOODS NEIGHBORHOODS WR-6 AND WR-7 FINAL MAP; VACATING CERTAIN PUBLIC SEWER EASEMENT WITHIN THE VISTAS - PHASE 1 FINAL MAP; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III VISTAS - PHASE 1, REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On August 14, 2001, City Council approved the tentative subdivision map for Chula Vista tract no. 01-09 - Eastlake III Woods and Vistas. Adoption of the resolutions approves the final maps for Woods, neighborhoods WR-6 and WR-7, and Vistas, phase 1; associated subdivision improvement agreements, supplemental subdivision improvement agreements, and a master developer agreement, fulfilling certain tentative map requirements running with the entire Eastlake III Woods and Vistas development. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH, PLANNING AREA "I", CHULA VISTA TRACT NO. 99-04; ACCEPTING ON BEHALF OF THE CITY, THE VARIOUS STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH, PLANNING AREA "I", CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Agenda 04/09/02 ---- C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR SAN MIGUEL RANCH, NEIGHBORHOOD "I", ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves 105 single-family, detached residential lots for Trimark Pacific-Belrosa, LLC, Neighborhood "I", within Phase 1 of San Miguel Ranch. The City has established a Traffic Enhancement Program in order to deal with traffic issues. The master developer for San Miguel Ranch will be budgeting one million dollars In the Master Developer's Community Facilities District 2001-01 for traffic improvements to East "H" Street at Interstate-805. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE DRAINAGE IMPROVEMENTS AT TOBIAS DRIVE/GLENHAVEN WAY - PHASE II (PROJECT DR-l 27A) On February 6,2002, the Director of Public Works received sealed bids for this project. The work to be done involves the construction of drainage facilities, including a reinforced concrete box culvert, concrete headwall, rip-rap energy dissipater, storm drain inlet and cleanout, transition structure, and asphalt concrete berm on Glenhaven Way. (Director of Public Works) Staff recommendation: Council adopt the resolution and award the contract to T.M. Engineering, in the amount of $248,520. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "H" STREET RECONSTRUCTION FROM INTERSTATE-5 TO BROADWAY (PROJECT STM-334) On Wednesday, March 13, 2002, the Director of Public Works received sealed bids for this project. The work to be done consists ofreconstruction of the existing pavement and installing landscaping. (Director of Public Works) Staff recommendation: Adopt the resolution and direct the Director of Public Works to re-advertise the project. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, REGARDING DESIGN AND RIGHT-OF-WAY ACTIVITIES UNDERTAKEN BY THE CITY ON THE INTERSTATE-805/0LYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Page 4 - Council Agenda 04/09/02 The State of California Department of Transportation (Caltrans) oversees the design and right-of-way activities undertaken by the City in connection with the widening of the Orange Avenue/Olympic Parkway interchange with Interstate-80S. In order for Caltrans staff to continue to process our plans, a cooperative agreement is needed. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISION OF EXHIBIT A TO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING STATE ROUTE-l25 On October 24, 2000, the City approved an agreement with the State of California Department of Transportation (Caltrans), which authorizes work on various City streets that may be affected by the construction of State Route-l25. After approving the agreement, the City annexed the property known as San Miguel Ranch. Caltrans has requested that the City revise the original Exhibit A, reflecting the annexation of that property. (Director of Public Works) Staff recommendation: Council adopt the resolution. I\. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2001/2002 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARDS, TOTALING $31,842.68 In 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc., that established a process whereby proceeds lTom ticket sales at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City. As called for in the sublease, a Performing and Visual Arts Task Force was established and annually makes recommendations to the City Council regarding the arts grant awards. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HIGHLAND PARTNERSHIP, INC., FOR CONSTRUCTION MANAGEMENT/CONSTRUCTOR SERVICES ON THE NEW PUBLIC WORKS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 5 - Council Agenda 04/09/02 ^ --_.. -^----^ ------ B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RNL INTERPLAN, INC., FOR ARCffiTECTURAL, ENGINEERING, AND CONSTRUCTION ADMINISTRATION SERVICES ON THE NEW PUBLIC WORKS FACILITY AND CORPORATION YARD C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $125,000 FOR THE GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD On August 1,2000, Council approved an agreement with Highland Partnership, Inc., for construction management/constructor services on the new public works facility and corporation yard. Since then, there have been a number of issues causing additional delays, resulting in the need to extend the anticipated completion date of the project. On October 19, 1999, Council approved an agreement with RNL Interplan, Inc., for architectural and consulting services associated with the project. Due to project delays, the agreement with RNL Interplan, Inc. needs to be extended. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING DISABILITY RETIREMENT POLICY AND PROCEDURES FOR SAFETY MEMBERS California Public Employees' Retirement System has delegated the determination of disability retirement for local safety members to the employer. Adoption of the resolution approves a formal policy detailing the procedures the City has used for reviewing disability retirement applications and appealing the City's determination. (Human Resources Director) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002 BUDGET BY RECLASSIFYING TWO FISCAL OFFICE SPECIALIST POSITIONS IN THE HUMAN RESOURCES DEPARTMENT TO SENIOR FISCAL OFFICE SPECIALIST, AND AMENDING THE FISCAL YEAR 2003 SPENDING PLAN THEREFOR (4/5THS VOTE REQUIRED) A review of two Fiscal Office Specialist positions in the Human Resources Department was conducted, and as a result, Council is being requested to amend the budget by approving reclassification of the two positions effective April 19, 2002. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 6 - Council Agenda 04/09/02 ---~-------- -- -~.- 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CUSTODIAL SERIES CLASSIFICATION STUDY RESULTS (4/5THS VOTE REQUIRED) A review of the custodial series of positions was conducted, and as a result, Council is being requested to amend the budget by approving classification and compensation adjustments. (Human Resources Director) Staff recommendation: Council adopt the resolution. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISING THE CITY'S FAMILY AND MEDICAL LEAVE ACT POLICY PURSUANT TO LABOR CODE SECTION 4850 Pursuant to the revised Labor Code Section 4850 provisions, leave of absence taken by firefighters who are out on disability lTom injury or illness, arising out of and in the course of employment, will not constitute Family and Medical Leave. The City's Family and Medical Leave Act Policy is being revised to incorporate this change. (Human Resources Director) Staff recommendation: Council adopt the resolution. 17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTAICHULA VISTA NATURE CENTER AND THE SAN DIEGO NATURAL HISTORY MUSEUM, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The San Diego Natural History Museum has been a long-term informal partner with the Chula Vista Nature Center. Both institutions desire to formalize this partnership in order to increase cooperation in their efforts to promote understanding and conservation of the natural world. (Nature Center Director) Staff recommendation: Council adopt the resolution. 18 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR CAPITAL IMPROVEMENTS AT THE CHULA VISTA NATURE CENTER B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $147,750 FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION LOCAL GRANT PROJECT, FOR THE CHULA VISTA NATURE CENTER SHARK AND RAY EXHIBIT; APPROPRIATING $147,750 TO CAPITAL IMPROVEMENT PROJECT NO. GG176, BASED ON UNANTICIPATED GRANT REVENUE; AND AUTHORIZING THE NATURE CENTER DIRECTOR OR HIS/HER DESIGNEE TO EXECUTE THE SAID AGREEMENT AND PROCESS THE PROJECT (4/5THS VOTE REQUIRED) Page 7 - Council Agenda 04/09/02 .._""- _."-- The City of Chula Vista has received notice of the award of grant funds lTom the State of California in the amount of$147,750 for improvements to the Chula Vista Nature Center. The funds are proposed to be used for the security and Americans with Disabilities Act (ADA) access elements of the construction of the new shark and ray exhibit. The City must now submit an application for these grant funds to the State of California, Department of Parks and Recreation, in order to receive the funds. The State of California's grant process provides for concurrent grant application and acceptance. (Nature Center Director) Staff recommendation: Council adopt the resolutions. ORAL COMMUNICATIONS Persons speaking during Oral Communications 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 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 items have been advertised and/or posted as public hearings 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. 19, CONSIDERATION OF AN AMENDMENT TO CONDITIONAL USE PERMIT (PCC- 02-43) AND PRECISE PLAN (PCC-74-27) TO ADD 12,900 SQUARE-FEET TO AN EXISTING BUILDING, AND TO RELOCATE AND ENLARGE AN EXISTING UNDERGROUND STORAGE FUEL TANK AT 1090 APACHE DRIVE (APPLICANT: PACIFIC BELL) Pacific Bell is requesting permission to amend an existing conditional use permit and precise plan by enlarging a 17,180 square-foot telecommunications switching facility to 30,080 square-feet, and enlarging and relocating an underground storage fuel tank on the site at 1090 Apache Drive. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION (IS-02-17), AND GRANTING A CONDITIONAL USE PERMIT (PCC-02-43) TO PACIFIC BELL, WHICH AMENDS CONDITIONAL USE PERMIT AND PRECISE PLAN NO. PCC-74-27, AND ALLOWS A 12,900 SQUARE-FOOT BUILDING ADDITION AND ENLARGED UNDERGROUND STORAGE FUEL TANK AT 1090 APACHE DRIVE Page 8 - Council Agenda 04/09/02 .--,---.-.-- ---_. ----. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 20. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE PROPOSED GENERAL PLAN UPDATE PUBLIC OUTREACH STRATEGY On November 6, 2001, the City Council approved a work program and budget for the comprehensive update of the General Plan. In accordance with that work program, a draft public outreach strategy has been developed to guide the public information and participation component. This report presents the proposed outreach strategy for Council action. (Director of Planning and Building) Staff recommendation: Council accept the report and direct staff to implement the strategy. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 21. CITY MANAGER'S REPORTS A. Scheduling of meetings. 22. MAYOR'S REPORTS A. Ratification of appointment to the Economic Development Commission - Daniel Muñoz. B. Ratification of appointment to the Cultural Arts Commission - Frances E.D. Cornell. 23. COUNCIL 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 Clerk's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). 24. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) . One Case Page 9 - Council Agenda 04/09/02 ----^----- -^-- 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) . City of Chula Vista v. United Pacific Insurance Company; Travelers Bond, Case No. USDC 02CV491W ADJOURNMENT to an Adjourned Regular Meeting on April 11, 2002, at 4:00 p.m., in the Council Conference Room, and thence to the Regular Meeting of April 16, 2002, at 6:00 p.m. in the Council Chambers. Page 10 - Council Agenda 04/09/02 .-e'..'-._-- COUNCIL AGENDA STATEMENT Item: Meeting Date: !l4LIl2ill2 ITEM TITLE: Proclamation Declaring the Week of April 7,2002 through April 13, 2002 as "INTERNATIONAL BUILDING SAFETY WEEK" in the City of Chula Vista SUBMITTED BY: Director of Pla~ing and Buildin~ REVIEWED BY: City Managelç~l1-' (4/5ths Vote: Yes~oX) The importance of building safety has been traditionally celebrated during the second week of April throughout the country. The City of Chula Vista recognizes this event through Proclamation identifying the City's support of International Building Safety Week. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In an ongoing effort to ensure that Chula Vista residents and individuals patronizing business within our City are afforded the highest construction standards available, the Department of Planning and Building is proud to announce International Building Safety Week. The slogan, "Building Our World. . . One Community at a Time," has been adopted as the theme to emphasize the important role the Department plays in the development and maintenance of safe buildings in our community. Life-safety regulations are enforced via adoption of the Model Codes by the Department of Planning and Building, and by reviewing building plans, issuing permits and inspecting such buildings during the various stages throughout the course of the construction project. Brad Remp, Building Official, will accept the Proclamation on behalf of the Department of Planning and Building. FISCAL IMPACT: N/A (C,\2002BldgSatetyWeek.doç) PROCLAMATION 2002 International Building Safety Week April 7-13, 2002 Whereas, the safety of the buildings we occupy daily is essential to the health, safety and welfare of the citizens ofChula Vista; and Whereas, among the world's most fundamental laws and ordinances are those which provide standards for the safe construction of buildings in which people live, work and play; and Whereas, for construction and building codes to be effective and enforced, understanding and cooperation must exist between code officials and the people they serve; and Whereas, through the efforts of code officials worldwide, and their cooperative relationship with the construction industry, the administration of these health and life- safety standards is assured; and Whereas, units of government across the world .- along with such prestigious organizations as the International Conference of Building Officials (ICBO), the National Conference of States on Building Codes and Standards (NCSBCS), and the World Organization of Building Officials (WOBO) - are joining to promote the use of building and construction codes today, for a lifetime of building safety, through the observation of International Building Safety Week; and Whereas, the theme of International Building Safety Week 2002 has been established as "Building Our World. . One Community at a Time." Now, therefore, I, Shirley Horton, Mayor of the City of Chula Vista, do hereby proclaim the week of April 7-13, 2002, as INTERNATIONAL BUILDING SAFETY WEEK. I urge all citizens to participate in International Building Safety Week activities to help promote building safety, to create awareness as to the importance of construction and building codes, and to spotlight the role of the dedicated code official in administering those codes. Witness, my signature and the seal of the City of Chula Vista this 9th day of April in the year Two Thousand and Two. Signature (II \Sh",d\Bld_h,g\Pwcl"matiun ducJ ITEM # 2 PULLED -- ~ ORDINANCE NO. . ø,':)\\,\G ~':) þS)O AN ORDINANCE OF THE CITY OF CHULA VIST"_~~NIA, AMENDING SECTIONS 3.50.020, 350.030, 3.50.050, 3.50.070, AND 3,50.090 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, in June 2000, the Cily Council of the City of Chula Vista adopted Ordinance No. 2810, increasing the Public Facilities Impact Fee (PFDIF) from $2,150 to $2,618 - the first significant increase in nine years; and WHEREAS, the increase was based on very preliminary versions of the new police facility and civic center expansion master plans; and WHEREAS, the design firm of Highland Partnership, Inc. was subsequently hired to provide a rigorous needs assessment and cost analysis for the police and civic center expansion projects; and WHEREAS, new master plans for the police facilily and civic center expansion - the two most costly PFDIF projects - were approved by Council on July 17, 2001, containing updated costs that necessitate a fee increase; and WHEREAS, the impact fee is solely based upon that portion of project costs which are attributable to new development; and WHEREAS, under limited circumstances, developers of low/moderate- income housing may need to defer or prepay impact fees at the current rate for up to 500 EDUs, in order to financially protect the public-purpose project; and WHEREAS, the fee increase was developed in conjunction with developers and the Building Industry Association (BIA); and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department which is subject to change depending on actual development phasing; and NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: .---- ------- -. - ._._--- SECTION 1. That the existing Ordinance Nos. 2432, 2320, 2554 and 2810 are hereby superseded, and a new Chapter 3.50 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 3.50 DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES 3.50.010 General Intent. The city's general plan land use and public facilities elements require that adequate public facilities be available to accommodate increased population created by new development within the city of Chula Vista. The city council has determined that new development will create adverse impacts on the city's existing public facilities which must be mitigated by the financing and construction of certain public facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development. The city council has determined that a reasonable means of financing the public facilities is to charge a fee on all developments in the city of Chula Vista. Imposition of the public facilities development impact fee on all new development for which building permits have not yet been issued is necessary in order to protect the public safety and welfare in order to ensure effective implementation of the city's general plan. 3.50.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined in this section, unless from the context it appears that a different meaning is intended. k "Building permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this city. B. "Developer" means the owner or developer of a development. C. "Development permit" means any discretionary permit. entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. 1 h ) .f!! ~ - - {v -- ----- .----.- - -.-..- .----.- ~- . D. "Development project" or "development" means any activity described as the following: 1. Any new residential dwelling unit developed on vacant land; 2. Any new commercial/office or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on non-vacant land in those land use categories listed in 1 and 2 above, if the result is a net increase in EDUs. The fee shall be based solely on this net EDU increase. 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or non- vacant land, or expanded within a pre-existing site, if the result is a net increase in EDUs. The fee shall be based solely on this net EDU increase. 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Govemment Code. E. "Community purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts. Boys and Girls Club, Alcoholic Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Daycare; 5. Senior care and recreation; 6. Worship, spiritual growth and development; F. "Special land use" means any non-residential, non-commercial/office or non-industrial development project (e.g. Olympic Training Center, hospitals, utilities), or non-special purpose project. G. "Special purpose project" means any for-profit community purpose facility (e.g. daycare). 3-3 /f) 11- f .- ---- . --'-.--- ..-,.,- H. "Engineer report" refers to the April 20, 1993 "development impact fees for public facilities" report. ----L._"Extraordinary project cos! increases'. mean~ increases resultinq from costs that could not have been reasonably foreseen at the time a proiect budget was- established. ~':ExtraordilliID' EPU chanae" means an increase or decrease in thE;1 number of remainina planned equivalent dweilinfL!Lnits (EDUs) for which buildina permits have not yet been pulled, whjch chanaes the existing total by more than 2,000 EDUs. 3.50.030 Public Facilities to be Financed by the Fee. A. The public facilities ("facilities") which are the subject matter of the fee include buildings, equipment and related one-time start-up costs or portions thereof, as detailed in Subsection C below and in the engineer report on file in the office of the city clerk. B. The city council may modify or amend this list of facilities by written resolution in order to maintain compliance with the city's general plan or the capital improvement program. C. The facilities are as follows: 1. Ciyic Center Expansion 2. Police Department Facilities and Equipment 3. Corporation Yard RelocationlExpansion 4. Library System Expansion 5. Fire Suppression System Expansion 6. Geographic information system computer system !'!xpansion; 7. - Computer system expansion~ 7-.Jl Telecommunication system ~ ~)<Ransion; 8-.9, Records management system expansion. 3.50.040 Territory to which Fee Applicable. The area of the city of Chula Vista to which the fee herein established shall be applicable shall be the territorial limits of the city of Chula Vista ("territory") as they may from time to time be amended. (Ord 2554 '1, 1993). ;;;,,4 ,-' I 3.50.050 Establishment of Fee. A development impact fee ("fee"), to be expressed on a per equivalent dwelling unit ("EDU") basis, is hereby established to pay for lhe facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the city of Chula Vista. except that. at the discretion_9f .be citv rTléloaaer. a d~veloper I11ID'-1milla~ all or pa.rtof civic center expansion and/orpolice facilities fees that would be applicable to the developer's future development proiects. Prepavment would occur at the then current rate: however~th_e developer has sole responsibility for pavina subsequent fee increases resu Iting from (1) "extraordi~ct cost increases". (2) normal annual adjustments in the Consumer Price Index (CPI) or Buildina Construction Index (BCI). or (3) "extraordinary EDU chanaes". 3.50.060 Determination of Equivalent Dwelling Units. Each new single family detached dwelling, single family attached dwelling, or unit within a multi-family dwelling or mobile home dwelling in a development project shall be considered one EDU for purposes of this fee. Commercial/office and industrial development projects shall be charged at the rate of 5.00 EDU's per gross acre of land. The EDU rate for each special land use development project, as defined in Section 3.50.020, shall be charged at the rate of 5.00 EDUs per gross acre of land, except that the Olympic Training Center shall be charged at the rate of 1.25 EDU's per gross acre of land. The EDU rate for each special purpose project, as defined in Section 3.50.020, shall be charged at the rate of 3 EDUs per gross acre of land. The charges shall be those outlined in Section 3.50.090.C. The fee multiplied by the total number of EDUs within a given development project represents a developer's fair share ("fair share") for that development project. (Ord 2554 '1,1993). 3.50.070 Time to Determine Amount Due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a developer of a development project providing low and/or moderate-income housing in accordance with Section III, Objective 1 of the 1991 housing element of the general plan may request 3-:; 10 I~ ( -- .-.-..- -.,.-- --- authorization to prepay or def~ the fee for up to 500 EDUs and said request may be approved at the sole discretion of the city manager. ~ prcpaymcnt, thc developer of said dc'lclopmcAt pr-ojcci shall m6ci\'c EDU credit bascd on thc thcAcurrcnt fcc. In order to f~cilitate those. low and/or moderate- income proiect~twhici} are planl1ed for construction throuqh March 24L2005, the fee for said projects sha)1 be the feeexistinq as of M,uch 25, 200b 3.50.080 Purpose and Use of Fee. The fee collected shall be used by the city for the following purposes in such order and at such time as determined by tlie city council: A. To pay for such of the facilities that the ci7 council determines should be constructed, installed or ~urchased at tha time, or to reimburse the city for facilities funded by the ci y from other sources. B. To reimburse developers who have been required or permitted b~ Section 3.50.140.A to construct, install or purchase approved facilities lis ed in Section 3.50.030.C, in such amounts as the council deems appropriate. C To repay an~ and all persons who have, pursuant to prior fee ordinance 2320 or 243 ,or ~ursuant to this ordinance, advanced or otherwise loaned funds for t e construction of a facility identified herein. D. To repay the city for administration costs associated with administration of the fee. 3.50.090 Amount of Fee. A. The fee shall be the amounts set forth in Section 3.50.090.B and C. The city council may ad/ust the amount of this fee as necessary to reflect changes in the cos s of the facilities as may be reflected ~ such index as the council deems appropriate, such as the Engineering- ews Record Construction Index, or such other basis; changes in the type, size, location or cost of the facilities to be financed by the fee, changes In land use designation in the city's general plan, and upon other sound engineerin~, financing and planning information. Adjustments to the fee may be ma e by resolution amending this section. B. The fee shall have portions which are, accordin1 to the engineer report, allocated to a specific facility ("fee components which correspond to the costs of the vanous facilities, felUS the administration cost for the fee, which is a percentage of the ee comBonents' total cost divided by total EDUs, as indicated In Section 3.50.0 O. C. The fee shall be the following, depending on land use: 3-c;;. '.~ ,;1fT -'-'j .....--.-. . - --...- Land Use Fee Residential $ ~ 4.888/dwelling unit Commercial/Office f3;OOG 20,860/acre Industrial B;OOG 20.860/acre Special land use '1-3;OOG 20.860/acre Olympic Training Center ~ 6,11Q/acre Public purpose Exempt Nonprofit community purpose facility Exempt Special purpose project, including for-profit day care 7;8é4 14.664/acre 3.50.100 Development Projects Exempt from the Fee. A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Community purpose facilities which are not operated for profit ("non-profit community purpose facilities") are also exempt inasmuch as these institutions provide benefit to the community as a whole including all land use categories which are the subject matter of the fee. The city council hereby determines that it is appropriate to spread any impact such non- profit community purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to community purpose facilities shall for any reason be invalid, the city council hereby allocates the non-profit community purpose facilities' fair share to the city of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in EDUs. 3.50.110 Authority for Accounting and Expenditures. A. Fees collected before the effective date of the ordinance codifying this section. 3-7 ! () - ,::' ¡ .- -- ---- - ---- --.-----..-------. . ..--.---. 1. All fees which have accrued shall remain in separate accounts ("accounts") corresponding to the facilities listed in Section 3.50.030, as established by the director of finance, and shall only be expended for the purposes associated with each facility account. 2. The director of finance is authorized to maintain accounts for the various facilities identified in this chapter and to periodically make expenditures from the accounts for the purposes set forth herein. B. Funds collected on or after the effective date of the ordinance codifying this section. 1. The fees collected shall be deposited into a public facility financing fund ("public facilities development impact fee fund," or alternatively herein "fund") which is hereby created and shall be expended only for the purposes set forth in this chapter. 2. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein. 3.50.120 Findings. The city council finds that collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. (Ord 2554 '1, 1993). 3.50.130 Fee Additional to Other Fees and Charges. This fee is in addition to the requirements imposed by other city laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. 3.50.135 Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a facility or a portion of a facility to be built to accommodate the demands created by the development project, the city may require the developer to install, purchase or construct the Facility according to design specifications approved by the city, that being with such ~^'2 J(ì ,;'.... .- -.---...-..---.- - .__m .----.---.---..-- supplemental size or capacity required by the city ("oversized capacity requirement"). If such a oversized capacity requirement is imposed, the city shall offer to reimburse the developer from the fund either in cash or over time, with interest at the fair market value of money, as fees are collected, at the option of the city, for costs incurred by the developer for the design and construction of the facility not to exceed the estimated cost of that particular facility as included in the calculation and updating of the fee. The city may update the fee calculation as city deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the fee. 3.50.140 Developer Construction of Facilities. A. Whenever a developer of a development project would be required by application of city law or policy as a condition of approval of a development permit to construct or finance a facility, or if a developer proposes to design and construct a portion of a facility in conjunction with the prosecution of a development project within the territory, and follows the procedure for doing same hereinbelow set forth, the city council shall, in the following applicable circumstances, tender only the credit or reimbursement hereinbelow identified for that circumstance. 1. If the cost of the facility, incurred by the developer and acceptable to the city, is less than or equal to that portion of the developer's fair share related to the fee component for that facility, the city may only give a credit ("developer credit") against that portion of the developer's fair share related to the fee component for that facility ("fair share of the fee component"); or, 2. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than that portion of the developer's fair share related to the fee component for that facility, but less than or equal to the developer's total fair share, the city may give a credit which credit shall first be applied against that portion of the fair share related to the fee component for that facility, and the excess costs for the facility shall then be applied as credits against such other fee components of the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; or, 3. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than the developer's total fair share, the city may give a credit against the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; and/or, the city may tender to the developer a reimbursement agreement to reimburse said developer only from the fund as monies are available, over time, with interest at the fair market value of money, at the option of the city. ¿'-'i to . ~;:J -_.--------- - -.-----.--.-.-- B. Unless otherwise stated herein, all Developer Credits shall be calculated on a dollar basis and converted into EDUs at the time building permits are pulled, based on the then current Fee. 3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement Offer. The city's extension of credits or tender of a reimbursement offer to a developer pursuant to Section 3.50.140 shall be conditioned on the developer complying with the terms and conditions of this section: A. Written authorization shall be requested by the developer from the city and issued by the city council by written resolution before developer may incur any costs eligible for reimbursement relating to the facility. B. The request for authorization shall contain the information listed in this section and such other information as may from time to time be requested by the city. C. If the council grants authorization. it shall be by written agreement with the developer, and on the following conditions among such other conditions as the council may from time to time impose: 1. Developer shall prepare all plans and specifications and submit same for approval by the city. 2. Developer shall secure and dedicate any right-of-way required for the facilities. 3. Developer shall secure all required permits and environmental clearances necessary for construction of the facilities. 4 Developer sh;¡11 provide performance bonds in a form and amount, and with a surety satisfactory to the city (where the developer intends to utilize provisions for immediate credit. the performance bond shall be for 100 percent of the value of the project). 5. Developer shall pay all city fees and costs; 6. The city shall be held harmless and indemnified, and upon tender by the city, defended by the developer for any of the costs and liabilities associated with the construction of the facilities. ~-iO j{) .,::,';f --- .----.-- - "".,. ."'-----,-.-.---,.-..------"..- 7. The city will not be responsible for any of the costs of constructing the facilities. The developer shall advance all necessary funds to construct the facilities. 8. The developer shall secure at least three qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the director of public works. 9. The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the facilities and excludes any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the director of public works upon completion of the facilities. 10. The city may grant partial credit for costs incurred by the developer on the facility upon determination of satisfactory incremental completion of a facility, as approved and certified by the director of public works, in an amount not to exceed 75 percent of the cost of the construction completed to the time the partial credit is granted, thereby retaining 25 percent of such credits until issuance by the city of a notice of completion. 11. When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the facility to the city. The director of public works shall make the final determination on expenditures which are eligible for credit or reimbursement Sec. 350.140 Developer Transfer of Credits A developer who, in accordance with the provisions of Sections 3.50.140 and 3.50.150, receives credits against future payments of the Fee for one or more Fee Components may transfer those credits as provided herein to another Developer. {ill The Developer shall provide the City with written notice of such transfer within thirty (30) days. The notice shall provide the following information: . The name of the Developer to whom the credits were transferred: 3-11 -1-0 ;JS -..----- --- . The dollar value of transferred credits: . The Fee Component(s) against which the credits will be applied: and . The projected rate, by Fiscal Year, that the credits will be applied, until said credits have been fully redeemed. (b) Credits received by a Developer of a low-and/or moderate-income project, in accordance with Section 3.50.70, can only be transferred to another low-and/or moderate-income Development Project. 3.50.160 Procedure for Fee Modification or Reduction. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of this fee is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the city council for a modification or reduction of the fee. The application shall be made in writing and filed with the city clerk not later than ten days after notice of the public hearing on the development permit application for the project is given. or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of modification or reduction. The city council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the city council shall be final. If a reduction or modification is granted, any change in use within the project shall subject the development to payment of the fee. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging this fee. 3.50.170 Fund Loans. A. Loans by the city. The city may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual city budget and shall cany interest rates as set by the city council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the council, with a maximum term not to exceed the life of the fund. B. Developer loans. A developer may loan funds to the city as outlined in Sections 3.50.140 and 3.50.150(c)(14). The city may repay said developer loans with interest, under the terms listed in A above. - ...- ¡/..{ . ~¡p 3.50.180 Effective Date. This ordinance shall become effective sixty days after its second reading and adoption. Presented by Approved as to form by Cheryl Fruchter Director of Budget and Analysis ~ - ¡:..;, HJ '.,';: 7 ...-' i ,..-' .-.---------.-----..-----. t:.OO?~O~ ORDINA"ICE NO. -- ~~O\~G t:.~O c.ç.CO~O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OT A Y RANCII VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING TilE ZONING DISTRICT MAP FOR VILLAGE SIX WHEREAS, the property which is the subject matter of this resolution is identified as ExhibIt "A", attached hereto and described on Chula Vista Tract 02-03 and 02-05, and is commonly known as Village Six ("Property"); and, WHEREAS, an application to amcnd the Village Six Sectional Planning Area (SP A) Plan and the Village Six Planned Community Distnct Regulations Land Use Districts Map ("Projeet")(PCM-O2-20) was tllcd with the City ofChula Vista Planning and Building Department on February IS, 2002 by Otay Project, L.P. ("Applicant"); and, WHEREAS, the application requests to amend the Village Six SPA Plan's Planned Comtllumty District RegulatIon's Land Usc Districts Map to reflect neighborhood boundary adjustments between Neighborhoods R- 7a and R- 7b, and to and re-designate Neighborhood R- 7a trom SF-4 to RM-2; and, WHEREAS, the amended Otay Ranch Village SIX SPA Plan Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.4S (PC) Planned Community Zone, and arc applicable the Otay Ranch Village Six SPA Land Lse Districts Map of the amended Village SIX SPA Plan; and, WHEREAS, the Otay Ranch Village Six SPA Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 23, 1993, and as "mended on May 14, 1996, Novembcr 10, 1998, and October 23, 2001; and, WHEREAS, Village Six IS tocated in the north-central portion of the Otay VaHey Parcel, south of the luture extension alignment of Olympic Parkway, north ofthc fÌJture Birch Road, eastofthe <:xtcnsion of La Media Road and wesl ofthe future SR-125; and, WHEREAS, this Project is considered a subsequent action in the program of development cvaluated under the Village Six SPA Plan Final EIR 98-01 (Final EIR 98-01); and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously Identified. nor would the Project result in a substantial increase in severity in any environmental effects previously identified in the Final ElR 98-ü]. Only minor technical changes or additions arc necessary and none of the conditions requiring preparation of a subsequent or , " LI / ..--,.ç , , , --.-.-.--,.---. - ,_u_--- Ordinance No. Page No.2 of 3 supplemental FIR, as identified in Sections 15] 62 and 15163 exist; therefore, an addendum to Final ElR 9R-Ul has bcen prepared in accordance with State CEQA Guidelines Section \5164; and WH EREAS, the Planning and Building Director set the time and place for a hearing before the Chula Vista Planning Commission on the Project, and notice of said 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 within 500 fcet of the exterior boundaries of the property at least 10 days pnor to the hearing; and, WHEREAS, thc public hearing was held at the time and place as advertised, namely 6:00 p.m., March 13, 2002 in the Council Chambers, 276 Fourth A venue, before the Planning Commission and said hearing was thercatìer closed; and, WHEREAS, the City Clerk set the time and place for a hearing before the Chllla Vista City Council on the Project, and notice of said hearing, together with its purpose, was given by its publication in a ncwspapcr of gcncra) circulation in the City and its mailing to propcrty owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the public licaring was held at the timè and place as advertised, namely 6:00 p.m., March 26, 2002, in the Council Chamhers, 276 Fourth Avenue, hcfore the City Council and sclld poblic hearing was therealkr closed; and, WHEREAS, thc amendments to the Otay Ranch Village Six SPA Plan confonn to the policies found in thc Chula Vista General Plan and the Otay Ranch General Development Plan; and, WHEREAS, by a vote of6-1-0 (Thomas opposed) the Planning Commission recommended that the City Collnci] approve the Prolect; and, WHEREAS, a public heating was scheduled betore the City Council of the City ofChula Vista on the amendments to the Otay Ranch Village Six SPA Plan. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, rcsolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before thc Planning Commission at their public hearing on the amended Village Six SPA Plan held on March 13,2002 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the cntirc rccord of the proceedings tor any California Environmental Quality Act (CEQA) claims. ') ~ '-t Ordinance No. Page No.3 of 3 II. ACTION The City Council hereby adopts the modifications to the Land Use Districts Map (Exhibj( '"S") of the Village Six SPA Planned Community District Regulations, finding that they are consistcnt with the Cj(y ofChula Vista General Plan, the Otay Ranch General Development Plan, Olay Ranch Village Six SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice supp0l1 their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council found that the Project, as described and analyzed in the addendum to Final ElR 98-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)] pursuant to Council Resolution No. Presented by Approved as to fonn by ~~ Robert Lciter Joh . Kaheny Planning and Building Dircctor City Attorney ., if-:? f ~' .u_-.. ,..u_.-.----.- - "-_.'U-'.'---~-~~- PROJECT LOCATION I PCS.()2.()) I VILLAGE 7 EASTERN URBAN CENTER I--~ l~ HULA VISTA PLANNING AND BUILDING DEPARTMEN LOCATOR ~. OTAYRANCH COMPANY PROJECfOESCRJPT1ON; FILE NUMBERS: Œ). SUBDIVISION PCM-o2-20 & PROJECT ADDRESS, OTAY RANCH VILLAGE 6 01 R h C PCS-O2-03 ay anc ompany seAl£: I Village 6 Tentative Map NORTH No Scale C:\DAIFILESllocatorsIPCS0205.cdr 02/22/02 Ll-Lf N- 7 J- _.....u. --.-.-- .--.------...-.. - u g,,';k-l "B'( ~;: GonmID","þ'on Land Use Districts 0,.'1<'- ~M SF:> ::::':.;;:';'~::::;.,":;'~;:;::~:',:;:'""" .",.'0"" ---_._-_._~. ". ;:;:..;;:-';;,:;;.;~;','..;::",""""'."'_'.h""'_~' Þ"..~""~"...,,., """"""',-"M.."..,., PM1 '~"'~NW' ~"""~",~,.",._,,~,,",,, """,_."", .~-~-_._-- """ ::::'~',:'~:::~:,:;"' ,- """,_...".-.,,~,..._. -- -- / ç,~-~""~,,,.~. "'-"~'"~""'H"'_""" GPC "".'--"'"-"'""""~"'."""""""'~- ..--.C.- =~":;~";;c:;;c_..,J:;;;-'-;.;;;C'.,.~ MU ::';'::~:~~~::',:::~:~'.::::::~":'::::':',~:~,,.. ".~-_."".-""",,,....,'" 0""' ~. ;::;:;:~:; ~~'~.::.:::'.~ :',:::.:;_h _.:'- ~:.. SF4 ì r S'.'" P~, ~Ir?- V.II S. '°,," PIG'""",, ~~;:~ I age IX --:.-.~.~ :I~ "nAAV<OA OIWHA!\( ,"".' Exhibit PC-1 PC DISTKln !üCILU"" ! 1402 II \ I, IL 5 ; r"ì' T- '0 / I '.-.---_. ----.- - COUNCIL AGENDA STATEMENT Item :7 Meeting Date: 4/9/02 ITEM TITLE: A) Resolution Approving a Master Developer Agreement for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas, requiring EastIake Company, LLC to comply with certain unfulfilled conditions of Resolutions Nos. 2001-269 and 2001-375, and authorizing the Mayor to execute said Agreement. B) Resolution Approving the Final Maps of Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhoods WR-6 & WR- 7 and Eastlake III Vistas Phase 1; accepting on behalfofthe City ofChula Vista the various public streets and easements, all as granted on said maps within said subdivisions; acknowledging on behalf of the public the Irrevocable Offer of Dedication for a portion of Olympic Parkway; acknowledging on behalf of the City of Chula Vista all Irrevocable Offers of Dedication for Open Space Lots granted on said maps within said Subdivisions; vacating certain slope and drainage easements within the Woods Neighborhoods WR-6 and WR- 7 Final Map; vacating certain public sewer easement within the Vistas Phase I Final Map; approving the Subdivision Improvement Agreements for the completion of improvements required by said Subdivisions and authorizing the Mayor to execute said Agreements. C) Resolution Approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Woods Neighborhoods WR-6 & WR-7 requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269, and authorizing the Mayor to execute said Agreement. D) Resolution Approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake III Vistas Phase I requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director OfPub~ work' f REVIEWED BY: City Managef;.. í)<!- (4/Sths Vote: Yes_No-K) On August 14,200 I, by Resolution 2001-269, City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas. Later, on November 6,2001, by Resolution 2001-375, Council approved a revision to Condition No. 80 of Resolution 2001-269. The Final Maps for Woods Neighborhoods WR-6 & WR-7 and Vistas Phase 1 and associated Subdivision Improvement Agreements and Supplemental Subdivision Improvement Agreements are S/ -.-- - - -- ----- Page 2, Item S- Meeting Date: 4/9102 now before Council for consideration and approval. Tonight, Council will be also considering the approval of a Master Developer Agreement fulfilling certain tentative map requirements running with the entire Eastlake III Woods and Vistas development. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Master Developer Agreement, (B) the Final Maps and Subdivision Improvement Agreements, (C) the Supplemental Subdivision Improvement Agreement for EastIake III Woods Neighborhoods WR-6 & WR- 7, and (D) the Supplemental Subdivision Improvement Agreement for Eastlake III Vistas Phase I and authorizing the Mayor to execute said Agreements. It should be noted that Council approval of the Master Developer Agreement should occur before or concurrent with Council action on the other resolutions on this agenda item. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Final Maps and Associated Improvement Agreements Eastlake III Woods Neighborhoods WR-6 & WR- 7 and Eastlake III Vistas Phase 1 are the first final maps of the Eastlake III subdivision. Eastlake III Woods Neighborhoods WR-6 & WR-7 are generally located west of Hunte Parkway and north ofOtay Lakes Road (see Attachment 1). Vistas Phase I is generally located between Otay Lakes Road on the north and Olympic Parkway to the south along the western boundary of the Vistas (see Attachment 1). The final map for each subdivision consist of the following: Number of Number of Lots for Open Final Map Residential Lots Space, Public Total Acreage UtilitieslPublic Uses Woods Neighborhoods 6 & 7 256 5 59.591 acres Vistas Phase I 272 13 75.173 acres TOTALS 528 18 134.764 acres Plats for Woods Neighborhoods WR-6 & WR- 7 and Vistas Phase 1 are shown as Attachment 2 and 3, respectively. The final maps for the two subdivisions have been reviewed by the Department of Public Works and Department of Planning & Building and found to be in substantial conformance with the approved Tentative Map. All the applicable fees have been already paid by the developer. Approval of the maps constitutes acceptance by the City of all drainage, sewer, tree planting & maintenance, landscape buffer, sidewalk and maintenance, assignable and irrevocable general utility, sight visibility, and pedestrian access easements within each of the corresponding subdivisions. Approval of the final maps also constitutes acceptance, on behalf of the public, of the following streets: ---- Page 3, Item G'" Meeting Date: 4/9/02 FINAL MAP DEDICATED STREETS Woods Neighborhoods 6 & 7 Yosemite Drive, Table Rock Avenue, Wind Cave Place, Bryce Canyon Avenue, Table Rock Way, Bryce Canyon Way, Yosemite Way Old Janal Ranch Road, Olay Lakes Road, Rambling Vista Road, Lost Vistas Phase I Creek Road, Geiger Creek Road, Olympic Vista Road, Silver Hawk Way In addition, approval of the Vistas Phase I Final Map constitutes the vacation of the following existing public easements: 1. Sewer easement granted per Document No. 1994-0616863, recorded 10/21/94. This easement was needed to accommodate temporary sewer facilities serving the Olympic Training Center and was deemed self-terminating once sewer improvements (i.e., pump station and sewer lines) in Olympic Parkway were completed. Construction ofthose sewer improvements has been completed and the temporary facilities have been already abandoned; therefore, the subject easement may now be considered terminated, and should be removed 1T0m all title records. 2. Drainage easements and slope easements granted per F/P 1997-0316066 and F/P 1997- 0316067 respectively, recorded July 3, 1997. These easements were needed for the construction of Hunte Parkway. The Eastlake III HOA will now undertake the maintenance of said slopes and all the temporary drainage facilities will be removed and replaced with permanent storm drains within the public right-of-way. Thus, these easements are not needed anymore and should be vacated. Since the open space lots will be maintained by the Eastlake III Homeowners' Association, the City is only acknowledging the offer of dedication of said lots on the Final Maps. Approval ofthe maps, therefore, does not constitute acceptance ofthe Open Space Lots. However, Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. The developer has already executed the following agreements: . Master Developer Agreement satisfying conditions of approval Nos. 11,12,13 27,68, 77, 86, 87,88,89,100,102,104,105,106,107,108,109, Ill, 114, 122, 123, 125, 126, 127, 128, 129,130,155,163,164, and 173 of Resolution 2001-269 and Condition 80 of Resolution No. 2001-375 of the Eastlake III Tentative Map which apply to the entire land covered by the Eastlake III Woods and vistas project. . Supplemental Subdivision Improvement Agreement for Woods Neighborhoods WR6 & WR 7 encumbering only the land covered by the subject map in order to satisfy conditions of approval Nos. 1,2,5,6, 11, 12, 18,24,41,42,68,70,71,76,98,99, 100, 101, 104, 105, 106,107,108,109,110,112,117,118,137,154,159,160,161, 162, 165, 166, 167, 168, 169,170,171,172,175,176, 177 of the Eastlake III Tentative Map. . Supplemental Subdivision Improvement Agreement for Vistas Phase 1 encumbering only the land covered by the subject map in order to satisfy conditions of approval Nos. I, 2, 5, 6, 8 Page 4, Item S Meeting Date: 4/9/02 ] I, ]2, 18,24,41,42,68,71,76,98,99,100,101,104,105,106,107, 108, 109, 1l0, 112, 117,118,137,159,160,161,162,165,166,167,168,169, 170, 171, 172, 175, 176, 177 of Resolution 2001-269 of the Eastlake III Tentative Map. . Subdivision Improvement Agreements for each of the two maps and has provided bonds to guarantee construction of the required improvements and to guarantee the subdivision monumentation. In consideration that the Salt Creek Sewer Interceptor is not constructed yet, Eastlake has requested to be allowed to temporarily pump Eastlake 1II sewer flows into the Poggi Canyon Sewer. Therefore, in satisfaction of Tentative Map Conditions Nos. 86 thru 89, the Master Developer Agreement requires Eastlake to enter into an agreement ("Poggi Canyon Pumped Sewer Agreement") not later than 60 days from the approval of the Master Developer Agreement for accomplishing the following: I) construction of pump station improvements for pumping into the Poggi Canyon Sewer, 2) removal of the Otay Lakes Road and Olympic Parkway pump stations and construction of the necessary gravity connections upon completion of the Salt Creek Sewer Interceptor, 3) construction of any upgrades to the Poggi Canyon Sewer required for depositing Eastlake 111 sewer flows into the Poggi Canyon Sewer, 4) financing the formation of the Poggi Canyon Development Impact Fee or other funding mechanism as directed by the City Engineer, and 5) financing of the Poggi Canyon Sewer monitoring program. Developer has already submitted a cash deposit in the amount $2,283,400 guaranteeing the construction of the Poggi Canyon sewer upgrades needed to accommodate pumped sewer flows if Developer fails to enter into the proposed Poggi Canyon Pumped Sewer Agreement. The cash deposit represents the cost of the sewer upgrades needed to accommodate pumped flows assuming build out ofthe gravity sewer basin and will ensure, therefore, the sewer capacity rights of all those developments located within the Poggi Canyon Sewer gravity basin. The agreement also authorizes the City Engineer to extend the completion date for the Poggi Canyon Pumped Sewer Agreement up to 30 days provided Developer is diligently pursuing completion of said agreement At the request of Eastlake, the Master Developer Agreement also contains provisions allowing Eastlake to pull building permits for no more than 161 EDUs which are pumping to the Telegraph Canyon Sewer. This interim condition would allow Eastlake to move forward with their development plans for Eastlake III while providing a reasonable time for completing certain sewer improvements (i.e., force main and gravity sewer improvements) that would connect Eastlake III to the existing Poggi Canyon Sewer immediately west ofSR 125. Those improvements are currently being installed as part of the construction of Olympic Parkway improvements 1T0m Hunte Parkway to SR 125. The agreement further authorizes the City Engineer to approve building permits beyond 161 EDUs if adequate capacity exists in the Telegraph Canyon Sewer Trunk to accommodate additional pumped flows and that Developer is diligently proceeding with the preparation of the Poggi Canyon Pumped Sewer Agreement and performance of its Poggi Canyon Sewer Obligations. The agreements have been reviewed by staff and are ready for Council approval. The City Attorney has already approved the agreements as to form. . .-~_. ----. Page 5, Item 5 Meeting Date: 4/9/02 FISCAL IMP ACT: None to the General Fund. All staff costs associated with processing of the improvement plans, final maps and associated agreements will be reimbursed 1T0m the developer's deposits. Attachment: 1: Location of Woods Neighborhood 6 & 7 and Vistas Phase I 2: Plat- Woods Neighborhoods 6 & 7 Final Map 3: Plat- Vistas Phase I Final Map 4: Developer's Disclosure Statement J\Engincc,\LANDDEVlEastiake III\Woods\CASFMN6&7.bfs.doc --. _.._-~---_._.--._.._. --. ATTACHMENT 1 VISTAS PHASE 1 ! -- ATTACHMENT L I I :::::::>// ~ '. \ \\ \ ., '. \ \ I I ! J / ) I ~ EASTLAKE III ~ WOODS SIB NEIGHBORHOOD WR-~ AND WR- 7 m '.. .'f-nf-n? .,.o".,."~,, "..~ ------- . u_-.-----------.---- I ATTACHEMENT 3 I " j I J. j SCALE: 1'=600' ¡:: " :::, ) CJ ø ~ Go :::;, "" f: [¡,eV \.-~ ~C) -J"J .'-~ '" tJQ' <- ,., á1l. J",\ (t~ .'-. '-' " ,f': UNSURYE:Y£O - RE:MAJNoER PARCEL ~ f'MJ321 J ,-,' " 0-"1 <1:'"> }-Cû 0 00 :0::2: u :z:c.. ~ <.<: . C'""-;;; ~ :! ~ 0-13'63 ""',e ., zcc2 ~fœRrCK EASTLAKE If VISTAS ~ ., :, ENGINEERING PHASE 1 ,~i -_~CCMPl\1'1Y CITY OF CHUlA VISTA TRACT NO. 01-09 ".'. ,""'......"....~"."" ',;:::;:,:;;.;:;~;:-o..","..".N..",.,,_,..,.~ 12/04/2001 TL-:E 14: 48 FAX EastLake III Vistas Phase ~005 ATTACHMENT 4 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having financial interest in the property which is the ~ubject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material s~pplier. The EastLake Co~any TTf'. 2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corpolCltion or owning any partnership interest in the partnership. Boswell Properties, Inc. The Tulago Company 3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Councn within the past twelve months? Yes - No-X- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Curt Smith. The EastLake ComDany, LLC Bill Ostrem. The EastLake Company, LLC John Goddard. Rick Engineering Co. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes - No ~ If yes, state which Councilmember(s): Date: 3) 5,/ ú2 (/KITE, ATTACH ADDmoNAL PAGES ~( I ' Signãture of contractor/applicant Curt Smith Print or type name of contractor/applicant " Person is defined as: "'Any individual, firm, co'pa""e",hip, joinf ve"""'e, association, soda! club,jrcaternal arganizfJ1ian. corporation. estal<, rrust, receIver, syndicale, this and "'\V atkr cou"'y. city and country. city mUllicipaJlty, district, or other political subdiv~ion, or any atkr group or combinarion ""ling as a UrUI,.' ,.--- ._--- --.-----.-- THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ ~~ ~ohn M. Kaheny City Attorney Dated: o/~ 2-~() 2- ~~~ [; ¿ :ar (;J ~ of- () /3 ~ _m___mO.O__. - H.__._...-------.-..'--. --- ---- RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) ) Above Space for Recorder's Use MASTER DEVELOPER AGREEMENT FOR EASTLAKE III WOODS AND VISTAS, CHULA VISTA TRACT NO. 01-09 (Conditions 11,12,13,26, 27,68, 77, 86, 87, 88, 89, 100,102,104,105,106,107,108,109, Ill, 114, 122, 123, 125, 126, 127, 128, 129,130, 155, 163, 164, and 173 of Resolution 2001-269 and Condition 80 of Resolution No. 2001-375) This Master Developer Agreement ("Agreement") is made this day of , 2002, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, EASTLAKE COMPANY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is approved Tentative Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and Vistas and is commonly known as Eastlake III Wood and Vistas. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property. 1 3- D. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-09 ("Tentati ve Subdivision Map" or "Tentative Map") for the subdivision of the Property. E. The City has adopted Resolution No. 2001-269 ("Resolution") and Resolution No. 2001-375 pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Developer has requested the approval of the first final subdivision map within the Project for Neighborhoods WR-6 and WR-7 ("First Final Map"). Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the First Final Map for the Project. Said agreement shall run with the entire land contained within the Project. G. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied and Developer has agreed to the terms and conditions set forth herein. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall mean that the construction of the improvements have been completed and have been inspected and accepted by the City. b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Eastlake III Sectional Planning Area Plan as adopted by the City Council on July 17, 2001 pursuant to Resolution No. 2001-220. d. "PFFP" means the Eastlake III Woods &0 Vistas Public Facilities Financing plan adopted by Resolution No. 2001-220, and as may be further amended from time to time. e. "FSEIR 01-01" means Final Subsequent Environmental Impact Report and first and second addendums. f. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but 2 .6 ---..--_c_.-.----.-----.---.-- not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. 3 ..!;;-- /-.' d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 11 - (Environmental/Preservation). In satisfaction of Condition 11 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR-O1-01, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the Eastlake III Project, in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Developer acknowledges that modification 4 .- . .-.. ----_'~p of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. Developer further acknowledges and agrees that if any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. 3. Condition No. 12 (Environmental/Preservation). In satisfaction of Condition 12 of the Resolution, Developer hereby agrees, to implement, or cause the implementation of all mitigation measures pertaining to the Project FSEIR 01-01 and subsequent addendums. Developer further acknowledges and agrees that any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-01-01 and subsequent addendums. Developer acknowledges that modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 4. Condition No. 13 - (Environmental/Preservation). In satisfaction of Condition 13 of the Resolution, Developer hereby agrees, to comply with all applicable requirements of the California Department of Fish and Game, the U.s. Department of Fish & wildlife and the U.s. Army Corp of Engineers. 5. Conditions 26 and 164 (Acquisition of Offsite Property) In satisfaction of Condition Nos. 26 and 164 of the Resolution, Developer agrees to pay the full cost, both direct and indirect, of acquiring the offsite public right of way, fire station site, easements, and work related to and required by the Resolution. 6. Condition No. 27 - Withholding Building Permit. In satisfaction of Condition No 27 of the Resolution, the developer agrees to the following: a. Developer acknowledges and agrees that, prior to the construction of SR-125, the City shall stop issuing new building permits for Eastlake III when the City, in its sole direction, determines that either: i. Building permits for a total 9,429 dwelling units have been issued for projects east of I-80S (the start date for counting the 9,429 dwelling units is January 1, 2000); or, ii. An alternative measure is selected by the 5 -" City in accordance with the City of Chula Vista Growth Management Ordinance. b. Developer acknowledges and agrees that notwithstanding the foregoing thresholds, the City may issue building permits if the City decides, in its sole discretion, that any of the following has occurred: i. traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; ii. other improvements are constructed which provide additional capacity; or iii. the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. 7. Condi tion No 68 - (Impacts to Environmentally Sensitive Areas). In partial satisfaction of Condition 68 of the Resolution, Developer agrees to avoid indirect impacts on the Otay Tarplant Preserve, Preserve lands, Salt Creek wetlands and Otay Lakes. Developer further agrees that fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, Developer further agrees that potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. 8. Condition No 77 - (Indemnification and Hold Harmless). In partial satisfaction of Condition No 77 of the Resolution, the Developer agrees to indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. 9. Condi tion No 80 - (Monetary Water Compensation to the City of San Diego). In satisfaction of Condition No 80 of Resolution No. 2001-375, the Developer agrees that prior to 6 .- approval of the first building permit within the area naturally draining towards the Otay Lakes Reservoirs in the proj ect , the Developer shall provide written evidence, acceptable to the City Engineer, demonstrating that financial arrangements have been made with the City of San Diego regarding monetary compensation for any water loss resulting from the proposed diversion of drainage runoff from the Otay Lakes watershed. Developer further agrees that said financial arrangements shall be in a form approved by the City Engineer and Director of Planning and Building. Developer acknowledges and agrees that in the event that Developer desires to pull building permits for the Project and that no financial arrangements have been reached between the City of San Diego and Developer regarding said monetary compensation, the City of Chula Vista may issue building permits if the Developer provides both of the following items: a. Evidence acceptable to City of Chula Vista's City Engineer demonstrating that developer has negotiated in good faith with the City of San Diego regarding said monetary compensation; and b. A cash deposit guaranteeing said monetary compensation to the City of San Diego. The amount of said cash deposit shall be determined by the City Engineer at his/her sole discretion and shall be sufficient to cover the estimated amount of the monetary compensation to the City of San Diego. City of Chula Vista shall hold the cash deposit until financial arrangements regarding said monetary compensation have been made with the City of San Diego, and expend said cash deposit solely for providing monetary compensation to the City of San Diego in the event of developer's default in providing the required monetary compensation. Any unexpended amount of said cash deposit, included any interest earned, shall be released to the Developer upon fulfillment of the monetary compensation requirement. 10. Condition 86, 87, 88, and 89 - Sewer Improvements. In partial satisfaction of Condition 86, 87, 88, and 89 of the Resolution, Developer hereby agrees to the following: a. Poqqi Canyon Pumped Sewer Aqreement. Developer hereby agrees that not later than sixty (60) days from the date of approval of this Agreement ("Completion Date"), Developer shall enter into an agreement ( "Poggi Canyon Pumped Sewer Agreement") with the City in order for Developer to accomplish the following activities (hereinafter collectively referred to as "Poggi Canyon Sewer Obligations"). i. Construction of Pump station improvements and associated facilities necessary to pump sewage 7 / -~i flows to the Poggi Canyon Sewer Trunk. ii. Removal of the Otay Lakes Road and Olympic Parkway Sewer pump stations and associated improvements. iii. Construction of the gravity connections to the Salt Creek Interceptor upon completion of the Salt Creek Interceptor. iv. Construction of upgrades to Poggi Canyon Sewer Trunk needed to accommodate Eastlake III pumped sewer flows. v. Financing of the formation of the Poggi Canyon Sewer Development Impact Fee or other funding mechanism as directed by the City Engineer. vi. Financing of the implementation of a Poggi Canyon Sewer Monitoring Program. vii. Construction of the Poggi Canyon Sewer Obligations shall be pursuant to Council Policy No. 570-03, Section 18.16.220 of the Municipal Code, and Section 4.4.8.6 of the PFFP for the Project. Developer further agrees that the City Engineer may at his/her sole discretion extend the Completion Date for no more than 120 days provided Developer is diligently pursuing completion of the Poggi Canyon Pumped Sewer Agreement. b. Security for Poqqi Canyon Sewer Obliqations. Developer hereby agrees to the following: i. Concurrent with the execution of this Agreement, Developer agrees to furnish and deliver to the City improvement securities in the amount of $2,283,400 ("Security Deposit") in the form of a cash deposit and/or a Letter of Credit in a form and from an entity approved by the City Engineer and the City Attorney, to guarantee the payment of materials and labor in connection with the Poggi Canyon Sewer Obligations. ii. In the event of Developer's default or partial default in the performance of Developer's obligation to enter into the Poggi Canyon pumped Sewer Agreement not later than sixty (60) days from the date of approval of this Agreement, City may expend said Security Deposit for purposes of financing the Poggi Canyon Sewer Obligations if it is determined by the City Engineer, at his/her sole discretion, that sewer upgrades are needed to accommodate Project pumped sewer flows. In addition, Developers agrees to pay to the City any difference between the total cost incurred by the City to perform such Poggi Canyon Sewer Obligations and any proceeds from the Security 8 Deposit. All interest earnings on the Security Deposit shall be retained by the City during the period determined necessary by the City Engineer to complete the Poggi Canyon Sewer Obligations. Any unexpended amount of the Security Deposit, including any interest earned, shall be released and remitted to Developer upon Completion of the Poggi Canyon Sewer Obligations set forth in this Agreement. iii. In the event that the Poggi Canyon Sewer Obligations are reduced or the Security Deposit is replaced by another security and/or funding mechanism approved by the City, the City Engineer shall review at Developer's request, a reduction in the amount of the Security Deposit. The City shall not unreasonably withhold approval of such request provided however that the Poggi Canyon Sewer Obligations are adequately secured as determined by the City Engineer at his/her sole discretion. c. Temporary Pumpinq to Teleqraph Canyon Sewer Trunk. Developer hereby acknowledges and agrees that the City may issue building permits for the Project for no more than 161 Equivalent Dwelling Units (EDUs) proposlng to deposit pumped sewer flows into the Telegraph Canyon Sewer Trunk. In addition, Developer agrees that the City Engineer may issue additional building permits (beyond 161 EDUs) if he/she determines at his/her sole discretion that adequate capacity exists in the Telegraph Canyon Sewer Trunk to accommodate additional pumped flows and that Developer is diligently proceeding with the preparation of the Poggi Canyon Pumped Sewer Agreement and performance of its Poggi Canyon Sewer Obligations. d. Preparation of Reports. Developer hereby agrees that Developer shall be responsible for the preparation of all reports and/or studies required to support the addition of pumped sewage flows to the Poggi Canyon Sewer Trunk and/or the Telegraph Canyon Sewer Trunk as determined by the City Engineer. 11. Condition No 100 (Previous Agreements). In satisfaction of Condition No. 100 of the Resolution, Developer shall comply with all previous agreements as they pertain to the Project. 12. Condition No 102 - (Affordable Housing). In partial satisfaction of Condition No. 102, Developer agrees that no later than 60 days from approval of this Agreement, Developer shall enter into an agreement with the City to provide affordable 9 .::;,¡ ,.2) housing units as specified in the adopted EastLake Comprehensive Affordable Housing Program. 13. Condition Nos. 104, 105, and 106 - (Air Quality Improvement Plan, AQIP)- In partial satisfaction of Conditions 104, 105 and 106, Developer agrees that no later than May 22, 2002, the Developer shall have had the Air Quality Improvement Plan (AQIP) Developer prepared for the Project acted upon by the Planning commission and City Council. The Developer agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the AQIP; 2) Waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. 14. Condition Nos. 107, 108, and 109 - (Water Conservation Plan, WCP). - In partial satisfaction of Conditions 107, 108 and 109, Developer agrees that no later than May 22, 2002, the Developer shall have had the Water Conservation Plan (WCP) Developer prepared for the Project which incorporates the Pilot Study recommendations, acted upon by the Planning commission and City Council. The Developer hereby agrees to implement the final approved measures and include the measures as part of the project. The Developer further: 1) agrees to comply and remain in compliance with the WCP; 2) waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time- to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those, areas which received final map approval prior to effect of the subject measures. 15. Condition No 111 (Greenbelt Trail). In satisfaction of Condition No. III of the Resolution, Developer agrees to construct 10 ....., .-' the City's greenbelt trail along the eastern edge of the Vistas and Woods neighborhood and along the east side of the Salt Creek open space Corridor, as identified in the Trials Plan of the Eastlake III SPA. Final Greenbelt design, alignment and construction details, including fencing signage and view point amenities, shall be subject to approval by the Director of Parks and Building Construction and Planning and Building. 16. Condition No 114 (Open space Cash Bond). In partial satisfaction of Condition No. 114 of the Resolution, Developer hereby agrees to the following: a. That the cash deposit in the amount $107,877 placed with the City will guarantee the maintenance of the Landscaping and Irrigation (L&I) improvements to be installed in open space lots to be maintained by the open space district during the time period precedent to the City's acceptance of said open space lots for maintenance by the Open Space District; b. That in the event the improvements are not maintained to City standards as determined by the City Engineer, Director of Public Works, or the Director of Parks and Recreation, the deposit shall be used to perform the required maintenance; and c. That any unused portion of said cash deposit shall be incorporated into the open space district's reserve at such time as the open space district assumes the maintenance of the open space lot. 17. Condition 122 (Landscape Master Plan). In satisfaction of Condition No. 122 of the Resolution, Developer hereby agrees that within 30 days of the approval of this Agreement, Developer shall submit and obtain the approval of the Director of Parks and Recreation of a Landscape Master Plan containing the following major components: a. Landscape Concept. b. Wall and Fence Plan indicating type, material, height, and location. c. Brush Management Plan, identifying three zones and treatment. d. Maintenance Responsibility Plan. e. Planting Concept Plan. f. Master Irrigation Plan. 18. Condition No 123 - (Parks Master Plan). In satisfaction of Condition No. 123 of the Resolution, Developer 11 -. .~..~-----~--_._-_._------~ -...-- acknowledges that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and hereby agrees to comply with the provisions of said Plan as adopted and as it affects facility and other related requirements for the Project's parks. 19. Condition No 125 - (Park Development Fees) In satisfaction of Condition No. 125 of the Resolution, Developer agrees to pay the City the park development fees for the project's park (P-1) improvements, as determined by dwelling unit count and type contained within each Final map, in accordance with the Parks Development Obligation ("PDO") or unless otherwise specified in the Amended and Restated Development Agreement for Eastlake III of February 1, 2000. In the event the City accepts the "turn-key" improvements for the project's park, the PD~ development fees paid may be returned to the Developer at the time of the City's acceptance of the project's park construction documents and accompanying security bonds, less the City's cost of processing and administering the expenditure, verification and administration of the PD~ fees. Developer acknowledges the City may withhold up to 25% of the total PD~ fees paid until such time as park construction has been completed and accepted by the City. 20. Condition No 126 - (Three Party Agreement) In satisfaction of Condition No. 126 of the Resolution, Developer agrees to enter into a Chula Vista standard three-party agreement with the City of Chula Vista and design Consultant (s) for the design of all aspects of the Project's park. Developer acknowledges the Director of Parks and Recreation shall have the sole right to select the design Consultant(s). All design Consultant work product shall reflect the then current requirements of the City's Municipal Code, Department of Parks and Recreation policies and the City of Chula Vista Landscape Manual requirements. 21. Condi ti.ons Nos. 127, 128, and 129 - (Park Site Requirements). In satisfaction of Conditions Nos. 127, 128, and 129 of the Resolution, Developer agrees to comply with the following schedule for commencement of construction and delivery to the City of the project's park site (P-l): a. Prior to commencement of park construction, Developer shall prepare, submit and obtain the approval from the City Council of a Park Master Plan and shall prepare, submit and obtain the approval from the Director of Parks and Building Construction of Park Construction Documents and accompanying security. 12 ~- -1,3 b. Developer shall commence construction of project's Park (P-1), to the satisfaction of the Director of Parks and Building Construction prior to issuance of a building permit for the 916th dwelling unit for the Project. c. Developer shall complete construction of the park within twelve (12) months of commencement of construction. The term "Complete Construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Parks and Building Construction. Furthermore" Complete Construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for public use. d. Developer acknowledge that at any time the Director of Parks and Building Construction may, at his sole discretion, modify the neighborhood development phasing and construction sequence for the project's park should conditions change to warrant such revision. e. Developer shall rough grade the project's park site (P-1) to conform to the approved Park Master Plan to the satisfaction of the City Engineer and the Director of Parks and Recreation and at no cost to the City. f. Developer shall install underground utilities to the boundaries of the project's park site (P-1) to the satisfaction of the Director of Parks & Recreation and City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site. 22. Condition No. 130 (Withhold Building Permits). In satisfaction of Condition No 130 of the Resolution, Developer acknowledges, understands and agrees that the City shall withhold the issuance of building permits for the Proj ect should the Project fail to comply with the conditions herein. For purposes of this condition, the term "constructed park" shall mean the construction of the Project's park has been completed and accepted by the City as being in compliance with the Parks Master Plan, but prior to the City's required mandatory maintenance period. This is not intended to supersede any of the City's maintenance guarantee requirements. 23. Condi tion No. 155. (Woods Homeowners Manual) In partial satisfaction of Condition No. 155 of the Resolution, Developer agrees that no later than 60 days from approval of this agreement, Developer shall prepare, submit and obtain approval by the Director of Planning and Building of a homeowners manual for 13 ,.;> ..../ ~ . .-. . . --.- --.----..---..----- ---. neighborhood WR-1, outliniÜg development parameters and design criteria for accessory structures encroaching into the privately owned slope banks along the eastern edge of the Woods neighborhood. Developer acknowledges and agrees that the homeowners manual shall address the following items: 1) permitted encroachment into slope banks, minimum separation between easterly adjacent greenbelt trail, permitted re-grading of slopes, thematic fencing along the greenbelt trail edge and within the sloped areas, height, design and treatment of all accessory structures, including decks, retaining walls, landscape design and any other development standard as determined by the Director of Planning and Building. 24. Condition No. 163 - (Fire Station). In satisfaction of Condition No 163 of the Resolution, Developer agrees in conformance with the Fire Station Master Plan to design, construct and deliver Fire Station No. 6A within the Woods Neighborhood as determined by the City Fire Chief. 25. Condition No. 173 - (Phasing Plan). In satisfaction of condition No 173 of the Resolution, Developer shall develop the Project in accordance with the approved SPA and PFFP phasing plan. If the Developer proposes to modify this approved phasing plan, the Developer shall submit to the City a revised phasing plan for review and approval prior to approval of each Final map. The PFFP and these map conditions shall be revised where necessary to reflect the revised phasing plan. 26. Satisfaction of Conditions. çity agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 11,12,13,26,27,68,77,86,87,88,89,100,102,104,105,106,107,108,109, 111, 114, 122, 123, 125, 126, 127, 128, 129,130, 155, 163, 164 and 173 of Resolution 2001-269 and Condition 80 of Resolution No. 2001-375. Developer further understands and agrees that the some of the prOVlSlons herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. 27. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 2001-269 and shall remain in compliance with and implement the terms, conditions and provisions therein. 28. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 29. Building Permits. Developer and Guest Builders 14 .- >- " -- ...-.----..--.... --.--.. -.----- understand and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 30. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.s. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works DEVELOPER: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President Tel: (619) 421-0127 A party may change such address for the purpose of this paragraph by glvlng written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no 15 ~-,. - ' , force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 16 .,;;,- ",< 7 -_..- ----.-------.--.------------..----- [PAGE ONE OF TWO SIGNATURE PAGES TO THE MASTER DEVELOPER AGREEMENT FOR EASTLAKE III WOODS AND VISTAS, CHULA VISTA TRACT NO. 01-09] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 17 ~.,)..;., .-----. .--.-.-- ------- --- [PAGE TWO OF TWO SIGNATURE PAGES TO THE MASTER DEVELOPER AGREEMENT FOR EAS TLAIŒ III WOODS AND VISTAS, CHULA VISTA TRACT NO. 01-09] DEVELOPERS/OWNERS: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 By: ~ Curt Smith Title: Vice President Bful ~ K((V'-- Debi Roth~ìngner Title: Vice President (Attach Notary Acknowledgment) 18 S ..2/ .---.---.-.---- -----.--" ".-.- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ""-.77. 7 .' . --. . ,- -'>. .-.7,7"" @ ~ I, :' ~ State of California } ss. I I County of San Di~go .:' I' 'I I' March 19, 2002 D~nise M. Smith. Notary Public 1 On before me, J 0", N,m, "",r.. 01 Offiœ, I'.'., ""',Oœ, NoIOY'"bII<"J 'I I' Curt Smith and Debi Roth-KlinU'",T I' personally appeared "'-1"01_." ~ I 0 personally known to me ,I ~ Xi proved to me on the basis of satisfactory 'I ~ evidence 'I " to be the person(§)) whose name4V is/~ I subscribed to the within ins ent and acknowledged to me that hel the xecuted ,I the si:, in hislhe heir authorized .1 I@ -- " so!itlï capacity' and that by hislhe eir ,I ø COMM. 1238368 8 signatur s n the instrument the perso~ .1 NOTARY PUBUC.cAUFORNIA the entity upon behalf of which the perso~ ~ ~ ~~~ acted, executed the instrument. GTOBER 22, 2003 I 'I WITNESS my hand and official seal. I~ ~~'m,~ ~ SI,""", 01 No"" '"01" ~ ~ I OPTIONAL ~ Though the InformaNon befow Is not required by taw, it may prove valuable to persons relying on the documenl and could prevent I fraudulent removal and rea"achme"t of this form to another docume"t ~ Description of Attached Document Master Developer Agreement 9~ EastLake III Woods & Vistas Chu1a Vista Tract No. 01-09 Title or Type of Document: ¡~ Document Date: Number of Pages: ~ ~ Signer(s) Other Than Named Above: ~ ~ Capacity(ies) Claimed by Signer ~ Signer's Name: ~ ~ . 0 Individual Top 01 '",mb "," 0 Corporate Officer - Title(s): ~ 0 Partner - 0 Limited 0 General ~ 0 Attomey-in.Fact 'I 0 Trustee ~ 0 Guardian or Conservator 'I 0 Other: Signer Is Representing: 0 199'N,"'"" No"" """""'-"50 D,SoIvA"., PO ,.. "02 'C""",," C""',",402 .w.w'""""'~"".o. P"". No. "" Roo,,",C"'oI'.""'.8O0.'."" 3D ..-.--.- --- EXHIBIT A LEGAL DESCRIPTION - " ALL THAT CERTAIN PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW: A PORTION OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNADINO MERIDIAN DEEDED TO WESTERN SALT COMPANY DECEMBER 18, 1950 AS DOCUMENT NO. 147875 IN BOOK 3902 PAGE 47 OF OFFICIAL RECORDS (PARCEL 2) TOGETHER WITH A PORTION OF RANCHO JANAL AS SHOWN AS THE UNSURVEYED REMAINDER PARCELS ON PARCEL MAP 18211. TOGETHER WITH THAT PORTION OF PARCEL 1 AND THE UNSURVEYED REMAINDER OF PARCEL MAP 17874 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP 17874; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 88°27'32" EAST, 1928.02 FEET TO THE NORTHEAST CORNER OF THE EASTLAKE BUSINESS CENTER II; .'--- , . THENCE ALONG THE EASTERLY LINE OF SAID EASTLAKE BUSINESS CENTER 1/ SOUTH 30°16'38" WEST, 354.43 FEET; THENCE SOUTH 01 °32'28" WEST," 227.12 FEET; THENCE SOUTH 22°37'06" EAST; 395.80 FEET;. THENCE SOUTH 29°00'07" EAST; 535.79 FEET; THENCE SOUTH 01°32'28" WEST; 285.44 'FEET; THENCE SOUTH 25°56'35" WEST, 779.53 FEET TO THE NORTHERLY LINE OF OTAY LAKES ROAD. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. . '8&0 '.C. ""'ke '" Job No. 58052.00. ~ 13, 2001 ~-.. &.~ ... -.-- ..0- _'O.h.___- EXHIBIT A LEGAL DESCRIPTION - . ALL THAT CERTAIN PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW: A PORTION OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNADINO MERIDIAN DEEDED TO WESTERN SALT COMPANY DECEMBER 18, 1950 AS DOCUMENT NO. 147875 IN BOOK 3902 PAGE 47 OF OFFICIAL RECORDS (PARCEL 2) TOGETHER WITH A PORTION OF RANCHO JANAL AS SHOWN AS THE UNSURVEYED REMAINDER PARCELS ON PARCEL MAP 18211. TOGETHER WITH THAT PORTION OF PARCEL 1 AND THE UNSURVEYED REMAINDER OF PARCEL MAP 17874 LYING EASTERLY OF THE FOllOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP 17874; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 88°27'32" EAST, 1928.02 FEET TO THE NORTHEAST CORNER OF THE EASTLAKE BUSINESS CENTER II; .'. 'co THENCE ALONG THE EASTERLY LINE OF SAID EASTLAKE BUSINESS CENTER II SOUTH 30°16'38" WEST, 354.43 FEET; THENCE SOUTH 01°32'28"WEST;227.12 FEET; THENCE SOUTH 22°37'06" EAST; 395~80 FEET;. THENCE SOUTH 29°00'07" EAST; 535.79 FEET; THENCE SOUTH 01°32'28" WEST; 285.44 'FEET; THENCE SOUTH 25°56'35" WEST, 779.53 FEET TO THE NORTHERLY LINE OF OTAY LAKES ROAD. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ...0 INC. ....... " -No.5IIOS2.00._,3.200, D~-"&NPDES.... ... - 3/ RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAPS OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 & WR- 7 AND EASTLAKE III VISTAS PHASE I; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS; ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF OLYMPIC PARKWAY; ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA ALL IRREVOCABLE OFFERS OF DEDICATION FOR OPEN SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS; VACATING CERTAIN SLOPE AND DRAINAGE EASEMENTS WITHIN THE WOODS NEIGHBORHOODS WR-6 AND WR- 7 FINAL MAP; V ACA TING CERTAIN PUBLIC SEWER EASEMENT WITHIN THE VISTAS PHASE I FINAL MAP; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhoods WR-6 and WR- 7, more particularly described as follows: Portion of the unsurveyed remainder parcel of Parcel Map No.18476 in the City of Chula Vista, County of San Dicgo, State of California, filed in the office of the County Recorder of San Diego County, May 17, 2000 as file number 2000-255675 of official records, Area: 59.591 Acres No. of Lots: 261 Numbered Lots: 256 Lettered Lots: 5 Open Space Lots: 19.104 Acres is made in the manner and fonn prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Stone Gate Street, Yosemite Drivc, Table Rock Way, Bryce Canyon Way, and Yosemite Way, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Woods Neighborhoods WR-6 and WR- 7 map within said subdivisions. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the sewer and stonn drain, landscape buffer and access, emergency access, assignable and irrevocable .5 ~L general utility and access easements, and tree planting and maintenance easements, all as shown on Woods Neighborhoods WR-6 and WR-7 map within said subdivisions. BE IT FURTHER RESOLVED, said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots A, B, C, D, and E for open space and other public purposes all as shown on Woods Neighborhoods WR-6 and WR- 7 map within said subdivision. BE IT FURTHER RESOLVED, said Council hereby vacates drainage easements and slope easements granted per FIP 1997-0316066 and FIP 1997-0316067 respectively, recorded July 3, 1997. BE IT FURTHER RESOLVED that the City Clerk ofthe CityofChula Vista be, and is hereby authorized and directed to endorse upon said maps the action of said Council; that said Council has approved said subdivision maps, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication ofthe fee interest of said lots be acknowledged, and that those certain easements as granted on Woods Neighborhoods WR-6 and WR-7 map within said subdivision are accepted on behalf of the City of Chula Vista as herein above stated, and the drainage easements and slope easements granted per FIP 1997-0316066 and FIP 1997-0316067 respectively, recorded July 3,1997 be vacated on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOL VED that that certain Subdivision Improvement Agreement dated thc for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOL VED that the City Council ofthe City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract No. 01-09, Eastlake III Vistas, Phase I and more particularly described as follows: Portion of remainder parcel of parcel map number 18211, in the City ofChula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 26, 1999 as file number 1999-0121253 of official records being that portion of Rancho Janal, according to the map thereof number 989 on file in the office of the San Diego County Recorder, in the City ofChula Vista, Area: 106.169 Acres No. of Lots: 285 Numbered Lots: 272 Lettered Lots: 13 Open Space Lots: 14.332 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public strcets, to-wit: Old Janal Ranch Road, Rambling Vista Road, Blue Sage Way, Silver Hawk Way, Lake 2 -~ ":53 ..-.,-."-----..----- Crest Drive, Long View Drive, Lost Creek Road, Geiger Creek Road, and Olympic Vista Road, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Vistas Phase I map within said subdivision. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the sewer and drainage, sight distance, landscape buffer and public access, pedestrian access, assignable and irrevocable general utility and access, and tree planting and maintenance easements, all as shown on Vistas Phase I map within said subdivision, BE IT FURTHER RESOLVED, said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots A, D, E, F, G, H, I, J, K. L and M for open space and other public purposes all as shown on Vistas Phase I map within said subdivision, BE IT FURTHER RESOLVED, said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer ofDcdication of Fee Interest of Lots Band C for public park purposes all as shown on Vistas Phase 1 map within said subdivision. BE IT FURTHER RESOL VED, said Council hereby vacates the sewer easement granted per Document No. 1994-0616863, recorded 10/21/94. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be, and is hereby authorized and directed to endorse upon said maps the action of said Council; that said Council has approved said subdivision maps, and that said public streets are accepted on behalf ofthe public as therefore stated and that the Irrevocable Offer of Dedication ofthe fee interest of said lots be acknowledged, and that those certain easements as granted on said maps within said subdivisions are accepted on behalfofthe City ofChula Vista as herein above stated, and the sewer easement granted per Document No. 1994-0616863, recorded 10/21/94 be vacated on behalf of the City of Chula Vista as herein above stated, BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to exccute said Agreements on behalf of the City of Chula Vista, Presented by Approved as to fonn by I ?Utfl!l} ~ John P. Lippitt John ~K eny Director of Public Works City Attorney J'"tlomcy\,csn\IcL III Woods FM 3 ~ 3'-1- --.--,.------..--.-------------.--.-- - THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL );;~dfYl ~ ' John M. Kaheny City Attorney Dated: L( - 2- - 0 ¿. >1 1t-.5 ~ /3-L- ¿J tH:~+- rJ ,';~ rP~~.::I:- tJI2.6+u(l.::r ,- ..l -- -'-' Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE III WOODS, NEIGHBORHOODS WR-6 AND WR-7 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the -1- ";;;¡ .:::;) ----..... ,-----"._- ' requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-269, approved on the 14th day of August, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings set forth on Exhibit "AU and on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount as set forth on Exhibit "AU hereto and incorporated herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ( "Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the -2- ..,;) 37 above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit "AU hereto which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient -3- ,( -', ./ '..J ,--,-- surety, whose sufficiency has been approved by the City in the sum as set forth to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "A" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of as set forth to secure the installation of monuments, which security is attached hereto, marked Exhibit "A" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by -4 - ~ ..{ï ~.~ -.----.. . ~---_.--._-------------~- City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such -5- ~i ) -. _._n____-----.---.-----....--- damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of thè City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) -6- ":-' ..,,/ n_._- ~._.._--_. .-.- SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE III WOODS, NEIGHBORHOODS WR-6 AND WR-7 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC ~~ Mayor of the City of Chula Vista l:, ~\U~ ATTEST V I C£ f'/?L"s¡.o£A.Jr City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- -, ".-.... ,.'.-. .."-"--'.---- --- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r~"""'~'<w'<w'<w-=<"ÆÇÆÇ~"""'----~--.<w~- 7 - I "',dO"". } ~ - I- County of San Diego @ I '" Harch 19. 2002 ",,0" ~- D~Üe M. Smith. Mocary Poh11c , 0", N~,"dn".fO""'('.g._'J'oo"'.,N.",P"." :: personally appeared Curt Smith and Debi Roth-Klingner I N~'('loI~g""I'1 I, I I ' 0 personally known to me 'I I" ~ proved to me on the basis of satisfactory ,I ~ evidence ~ I I to be the person6J"Y whose namáGJì i~ 'I subscribed to the within instr ent and I acknowiedged to me that hel th~ xecuted I@ ,"'.. ""'"" '. the same in his/her thei authorize capacity~ and that by hislhe ei ø COMM, #1238368 R signatur s 'on the instrument the perso s~ NOTARY PUBUC.cAUFORNfA the entity upon behalf of which the perso M~~~~ ~ .. , 2'CTOBER 22. 2003 f acted, executed the instrument. WITNESS my hand and official seal, ~ ,~ /11- ~ 1 Si"""".'N",,'",,I'o ~ " OPTIONAL Though (he Inlormatlon betow Is not required by taw, It may pmve valuabte to persons relying on the document and could preve"t Imudulent removal and reaffachment 01 this 101m /0 anothel document Description of Attached Document Title or Type of Document: Subdivision Improvement Agreement EastLake III Woods (WR6 & WR7) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . 0 Individuai Top 0/ thumb he" 0 Corporate Officer - Titie(s): 0 Partner - 0 limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ""'N"""I N",.A",,"'," ""0 a. S".A". PÚ 8.."" 'C","w""',CA9f3f"'4"'=w. ""'"""""" Pro'.N. 59'" R""',, C"I T.,,-,,~ 1-000."""7 ..5" ,v¿j EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7 ESTIMATED PUBLIC COST OF FAITHFUL LABOR AND IMPROVEMENTS IMPROVEMENTS PERFORMANCE MATERIALS DRAWING NOS. Neighborhoods 6 and 7 $3,081,700.00 $1,540,850.00 $1,540,850.00 01100-01 through 01100-15 EastLake III Woods Backbone $4,312,282.00 $2,156,141.00 $2,156,141.00 01072-01 through 01072 -21 Otay Lakes $2,062,284.00 $1,031,142.00 $1,031,142.00 01052-01 through Road 01052-11 Monumentation $ 57,000.00 N!A N!A N!A For Neighbor- Hoods 6 and 7 Securities approved as to form and amount by City Attorney Improvement Completion Date, Two (2) years from date of Council approval of the Subdivision Improvement Agreement J,\attorney\sia\EastLake III Woods WR-6&WR-7 -8- L l/4' - i \ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE III VISTAS PHASE 1 (CVT 01-09), pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement -1- "'~ - 4: security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-269, approved on the 14th day of August, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01088-01 through 01088-33, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FIVE MILLION THREE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED SIXTEEN DOLLARS AND NO CENTS ($5,325,916.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ( "Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2 - - .I¡ plans and specifications, which documents have heretofore been filed in the Office of the Çity Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION SIX HUNDRED SIXTY-TWO THOUSAND NINE HUNDRED FIFTY-EIGHT DOLLARS AND NO CENTS ($2,662,958.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- r 1.,7 ....., ~ -------_.._.-~-_._--- 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION SIX HUNDRED SIXTY-TWO THOUSAND NINE HUNDRED FIFTY-EIGHT DOLLARS AND NO CENTS ($2,662,958.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the Ci ty of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the -4 - I, ,; requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs ( including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- -1/7 change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Gove~nment Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The ci ty Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- . Or) .,., . ------------- -. - -- ------ SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE III VISTAS PHASE 1 (CVT 01-09) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC k-~ Mayor of the City of Chula Qc.cP..e..e~{ p€lUr Vista Au ~ ¥Jlt'{~ ATTEST 'J,ce. V'rts,&ç."",", City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- I. ," I -' -,' CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ç,!,,='&£-ili'========.c<'-- . , c- ê. ~ I' I, State of California } I - 1 ~ County of San Diego ,I I 'I ~ - -~'.'-~---'-', , .-." .wæ'" """' ""," .", ,." "'" m"","", . N,m,',,",S " ~ I' 'I " ersonally known to me " ' 0 proved to me on the basis of satisfactory t, I , I ~ evidence , ~ to be the person(s) whose name(s) -isIare ,I ~ ~ - - - - ";I~ - - ~ - - ~ subscribed to the within instrument and ,I ~ . C 1\NA C" '33~~~ acknowledged to me that he/she/they executed \: ~ ,..: NO':amrym~"::~~i~ - California ~ the same in Ri<lfher/their authorized ~' Z San Diego County - capacltY(lesJ, and that by hialAetltheir ~ ~ - -' - :v ~~~-~ 12.:. ~ f ~~~n:~;~:s~poonn t~:~~~:,~~:~~~~et~:r~~~~~~(~; ,: ~! acted, executed the instrument. 'i? 'I ItJ WiTNESS my hand and official seaL '" 'ç: ~ JÜ"AA) C, ß7~ ~ i, ~".._- I ',ii, :' <6[ ,'I ~\I OPTIONAL I~ '~I Though the Inlormallon below Is "o1 requl,.d by law, It may prove valuable 10 persons ,.Iylng on the document and could p,.vent ~ ~q I,.udulenl removal and "aNachmenl 01 Ih<s form 10 another document ~ ~ I(j Description of Attached Document ~~ ~ ~ 2' Titie or Type of Document: ':, ~ R ~:I Document Date: Number of Pages: ~ ~ t ~ Signer(s) Other Than Named Above: ~ ~I ~ """""'~) C"""" by S'OOI I ~ ~ ~ Signer's Name: ,.. .\ i~ 0 individuai Top:trhumbh", I.' ~1 0 Corporate Officer - Titie(s): ~ ~! 0 Partner - 0 Limited 0 General ~ '~ 0 Attorney.in-Fact ~ ~ 0 Trustee '~ ~ 0 Guardian or Conservator if!! ~ 0 Other: ~ ~ ~ ?: Signer Is Representing: ,," ~ 1 'Ç<'. « 'Ç"X% '" ( "R;<; , Q: iéx. '<Z 'X 'ç",¡;ç,« 'X '<1Ñ ~ 'i;%' '9'- 'ÇÇ 'ÇIC 'Ç<;. ~ 'ÇIC ~ 'ÇIC ~ "R;<; 'Q ,JÇ( ., ?% 'Ç<;. ~ 'ÇÇ 'ÇIC ';-;K;§<;;§y ~ .""""'"""""A""""oo"'",0",,oA,,,PO8<"'<O"C",,".0,",CA9"".,<o,'_""'°""""'".0. P"d.N05907 A~""c.IITolI.F""'600'B7&6B27 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $2,662,958.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $2,662,958.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $60,000 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J,\Attorney\SIA\EastLake III Vistas Phase 1 -8- ...-.--. -_.. ~-_._. RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-6 & WR-7 REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy the remaining conditions of city Council Resolution No. 2001-269. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula vista Tract No. 01-09, Eastlake III Woods Neighborhoods WR-6 & WR-7 requiring Eastlake Company, LLC to comply with certain unfulfilled conditions of Resolution No. 2001-269, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized to execute said Agreement on behalf of the City of Chula vista. Presented by Approved as to form by ~~ John P. Lippitt Director of Public Works City Attorney [JIATTORNEYIRESOI"" EL Wood, WR6 & WR7 (Mocch18,2002(241PM)] ...:. ::"'1 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL @7IlJ: cJ}rr W~ hn M. Kaheny City Attorney Dated: 1- ¿ ,,() L.--- 55;1+ £. L-:f1I: V(5~if~ I " , -- -- RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue } Chula Vista, CA 91910 } ) ) Above Space for Recorder's Use EV-003F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS PHASE 1 CHULA VISTA TRACT NO. 01-09 (Conditions 1, 2, 5, 6, 8, 11, 12, 18, 24, 41, 42, 68, 71, 76, 98, 99, 100, 101, 104, 105, 106, 107, 108, 109, 110, 112, 117, 118, 137, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 176, 177 of Resolution 2001-269) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2002, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, EASTLAKE COMPANY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and Vistas and is commonly known as Eastlake III Vistas Phase 1. For 1 .5 -<? purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property. D. Developer or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-09 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. E. The City has adopted Resolution No. 2001-269 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Developer has requested the City's approval of a final subdivision map for the Property. G. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for Eastlake III Vistas Phase 1. b. "Complete Construction" shall mean that construction of the improvements have completed and have been inspected and accepted by the City. c. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. d. "FSEIR 01-01" means Final Subsequent Environmental Impact Report and first and second addendums thereto. e. "SPA Plan" means the Eastlake III Sectional Planning Area Plan as adopted by the City Council on July 17, 2001 pursuant to Resolution No. 2001-220. 2 S-:;? f. "PFFP" means the Eastlake III Woods & Vistas Public Facilities Financing Plan adopted by Resolution No. 2001-220, and as may be further amended from time to time. g. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. h. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If 3 , t, .....; -. I Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument 4 .:) ~,' / ----------. drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property 3. Condition No. 2 - (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer hereby agrees to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) Eastlake III General Development Plan (GDP); 2) Eastlake III Sectional Planning Area (SPA) Plan; 3) Eastlake III Design Guidelines; 4) Eastlake III Public Facilities Financing Plan; and 5) Eastlake Comprehensive Affordable Housing Program all approved by the City Council on July 17, 2001 by Resolution No. 2001-220 and the Eastlake III Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2839 on July 24, 2001. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. 4. Condition No. 5 - (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and 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, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and 5 L.-: /;?) ....,¡ . - prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 5. Condition No. 6 - (General Preliminary). In satisfaction of Condition No. 6 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to FSEIR 01-01 for the Project and/or any or all entitl€ments and approvals issued by the City in connection with the Project. 6. Condition No. 8 - (Multi-family Lots). In partial satisfaction of Condition 8 of the Resolution, Developer hereby agrees that in the event Developer seeks to develop Lot 146 of this Final Map as a condominium proj ect, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall process a new tentative map for said Lot 146. 7. Condition No. 11 - (Environmental/Preservation). In satisfaction of Condition 11 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR-01-01 and subsequent addendums, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the Eastlake III Project, in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. 8. Condition No. 12 (Environmental/Preservation). In satisfaction of Condition 12 of the Resolution, Developer hereby agrees, to implement, or cause the implementation of all mitigation measures pertaining to the proj ect FSEIR 01-01 and subsequent addendums. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of 6 , 'ì ..." Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-OI-0l and subsequent addendums. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 9. Condition No. 18 - (Street Trees). In satisfaction of Condition No. 18 of the Resolution, Developer hereby agrees to the following: a. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the Eastlake III SPA plan; or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. b. Provide any and all special installation conditions as requested by the Director of Parks and Recreation for those trees identified in the SPA as having special installation conditions. c. Show street trees on the landscape and irrigation plans for approval by the Director of Parks and Recreation and the Director of Public Works. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. 10. Condition No 24 - (ADA Standards). In satisfaction of Condition 24 of the Resolution Developer hereby agrees to the following: a. To construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. b. That in the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. 7 , -- ,.o!."", ---.--....-..---. 11. Condition No 41 - (Street Name Signs). In satisfaction of condition 41 of the ResQlution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the Final Map. 12. Condition No 42 - (Traffic Count Stations). In satisfaction of Condition 42 of the Resolution, Developer agrees to process and obtain approval of a construction change or any other form of approval and/or permit from the City Engineer required for the construction of five (5) traffic count stations; three (3) at Olympic Parkway, one (1) along Hunte Parkway south of Otay Lakes Road, and one (1) at Wueste Road. Developer further agrees to construct the traffic count stations when and as directed by the City Engineer. Developer hereby further agrees that the security posted for said construction shall be released upon completion of the improvements to the satisfaction of the City Engineer. 13. Condition No 68 - (Impacts to Environmentally Sensitive Areas). In satisfaction of Condition 68 of the Resolution, Developer agrees to avoid indirect impacts on the Otay Tarplant Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes. Developer further agrees that fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, Developer agrees that potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. 14. Condition No 71 - (No Protest of Funding Mechanism). In satisfaction of Condition 71 of the Resolution, Developer agrees not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer further agrees to finance the formation of such a district on a fair share basis. 15. Condition No 76 - (National Pollutant Discharge Elimination System). In satisfaction of Condition 76 of the Resolution, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) , as set forth in the National Pollutant Discharge Elimination System (NPDES) , permit requirements for urban runoff and storm water discharge, the Clean Water Act, and 8 .:;;- I,d any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non- point source pollution, to the satisfaction of the City Engineer. 16. Condition No. 98 - (Encroachment Permit). In satisfaction of Condition No. 98 of the Resolution, Developer hereby agrees to apply and obtain an encroachment permit prior to the installation of private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area, and shall install shutoff devices at those locations. 17. Condi tion No. 99 - (Withhold Building Permits and Hold Harmless). In satisfaction of Condition No. 99 of the Resolution, Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if anyone of the following occurs: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City 9 .5- r6 .--.----..---.-- threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. Not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City, The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. b. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act. c. That cable television companies franchised by the City of Chula Vista have equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (i) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (ii) any such cable company is and remains in compliance with, and promises to remaln In compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista, Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the 10 - ':".' :)' City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. f. That the Developer participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). g. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in the Eastlake III GDP and Eastlake III PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 18. Condition No 100 - (Previous Agreements). In satisfaction of Condition No. 100 of the Resolution, Developer shall comply with all previous agreements as they pertain to the Project. 19. Condi tion No 101 - (Street Sweeping). In satisfaction of Condition No. 101 of the Resolution, Developer shall contract with the City's current street sweeping franchise, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied 11 ~.' .' , --.---. --^-... and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which shall include a map of areas to be swept and the date the sweeping will begin. 20. Condition Nos. 104, 105, and 106 - (Air Quality Improvement Plan, AQIP) - No later than May 22, 2002, the Developer shall have had the Air Quality Improvement Plan (AQIP) Developer prepared for the Project acted upon by the Planning Commission and City Council. The Developer agrees to implement the final approved measures and include the measures as part of the proj ect . The Developer further: 1) agrees to comply and remain in compliance with the AQIP; 2) waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. 21. Condi tion Nos. 107, 108, and 109 - (Water Conservation Plan, WCP) - No later than May 22, 2002, the Developer shall have had the Water Conservation Plan (WCP) Developer prepared for the Project which incorporates the Pilot Study recommendations, acted upon by the Planning Commission and City Council. The Developer hereby agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the WCP; 2) waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time, Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map 12 ,/ approval prior to effect of the subject measures. 22. Condi tion No 110 - (Noise Levels) - Prior to issuance of building permits (including model home permits) for the Property, the Developer shall submit a detailed acoustical analysis to the City's Environmental Review Coordinator prepared by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Developer acknowledges and agrees that where exterior noise levels exceed 60 CNEL, additional measures shall be required to be implemented by the Developer to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the Mitigation Monitoring Reporting Program. 23. Condition No 112 - (Community Facilities District). In satisfaction of Condition No. 112 of the Resolution, Developer hereby agrees to the following: a. That a Community Facilities District ("CFD") for funding the maintenance of public improvements and facilities shall be formed prior to issuance of the first production home building permit. b. Maintenance of public improvements and facilities shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, some other financing mechanism, such as homeowners association, or an endowment shall be established and submitted to the City Council for consideration prior to issuance of the first production home building permit. 24. Condition No 117 (Open Space Lots). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the Eastlake III HOA, and that they may not modify or supplement the wall, or encroach onto Open Space property. 25. Condition No 118 (Maintenance Agreement). In satisfaction of Condition No. 118 of the Resolution, Developer 13 ..s- {;..'"' ----. agrees that on or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the grant of easements and maintenance agreement, in the form acceptable to the City Engineer and City Attorney, and other appropriate documentation, describing the maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Eastlake III Project. Developer acknowledges that the MHOA's maintenance of the Open Space Areas may expose the City to liability. Developer agrees to establish the MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such Open Space Areas. 26. Condi tion No 137 - (Street Trees). In satisfaction of Condition No. 137 of the Resolution, Developer agrees to immediately relocate, at its sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. 27. Condition No. 159. - (Fire Hydrants). In satisfaction of Condition No. 159 of the Resolution, Developer shall provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for multi-family residential units. Developer agrees that all hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all- weather fire access roads shall be in compliance with the U.F.C. or an alternative approved by the City's Fire Marshal shall be provided. 28. Condition No. 160. (Sprinkler Systems). In satisfaction of Condition No. 160 of the Resolution, Developer agrees to provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than 150 ft. from Fire Department access or as measured by local jurisdiction to the satisfaction of the City's Fire Marshall. 29. Condition No. 161. - (Fire Access). In satisfaction of Condition No. 161 of the Resolution, Developer agrees to provide, prior to issuance of the first building permit for the Project, a 20 foot wide hard surface access road and required fire hydrants with required water pressure to the satisfaction of the Fire Marshal. 30. Condition No. 162. - (Fire Station Fee). In 14 1/ .) satisfaction of Condition No. 162 of the Resolution, Developer shall pay prior to issuance of each building permit Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station has been constructed in Eastlake, the Developer shall be given credit, for costs related to construction of the permanent fire station. 31. Condition No. 165. - (Code Requirements). In satisfaction of Condition No. 165 of the Resolution, Developer shall comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 32. Condition No. 166. - (Underground Utilities). In satisfaction of Condition No. 166 of the Resolution, Developer agrees to underground all utilities within the subdi vision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. 33. Condition No. 167. (Federal, State, and Local regulations). In partial satisfaction of Condition No. 167 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 34. Condition No. 168 - (Natural Channels in Open Space). In partial satisfaction of Condition No 168 of the Resolution, Developer agrees to comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 35. Condition No. 169 - (Watercourse and Floodplain). In partial satisfaction of Condition No 169 of the Resolution, Developer agrees to comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 as amended for any work proposed within the watercourse and floodplain of Salt Creek. 36. Condi tion No. 170 - (Payment of Fees). In satisfaction of Condition No 170 of the Resolution, Developer agrees to Pay the amount of the following fees in effect at the time of issuance of building permits: a. The Transportation and Public Facilities 15 .!;- /) Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee e. Salt Creek Sewer DIF f. Telegraph Canyon Pumped Sewer Basin DIF, if applicable. g. Poggi Canyon Pumped Sewer Basin DIF as may be adopted by the City in the future if applicable. 37. Condition No. 171 (Growth Management). In satisfaction of Condition No 171 of the Resolution, Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 38. Condition No. 172 - (Public Facilities). In satisfaction of Condition No 172 of the Resolution, Developer hereby agrees to the following: Install public facilities in accordance with the Eastlake III Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 39. Condition No. 175 - (Master Home Owners Association). In satisfaction of Condition No 175 of the Resolution, Developer hereby agrees to the following: a. Establishment of MHOA. Developer shall create a Master Homeowner's Association ("MHOAn) to own and maintain in a professional manner open space areas, medians, parkways, Salt Creek wetlands mitigation area, or any other improvement not maintained by community facilities district, the City, or other entity. Developer agrees that the City has the right to withhold issuance of any building permits for Eastlake III project if no MHOA is established to maintain the Open Space Areas or the City has not approved the final version filed with the Department of Real Estate of the MHOA's Declaration of Conditions, Covenants and Restrictions (nCC&R's"). The City shall approve any revision to 16 ". '// -' such CC&R's. b. HOA Documentation. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the CC&R's. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning & Building requires such annexation of future tentative map areas. c. The Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted to and subject to the approval of the City Engineer, City Attorney, Director of Planning & Building, Director of Parks & Recreation and Director of Public Works. The CC&R's shall include but not be limited to the following provisions and obligations of the Master Homeowners Association and/or any successor in interest {herein after collectively referred to as "Master Homeowner Association MHOA)": i. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the community facilities district. ii. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100% of the holders of first mortgages or property owners within the MHOA. iii. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. iv. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100% of the holders of first mortgages or property owners within the MHOA. v. Should the MHOA seek to be released by the City from the maintenance obligations for the proj ect ' s open space and trails, the MHOA shall first obtain written consent from the City and 100% of the property owners within the MHOA. 17 vi. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured vii. The HOA shall be responsible for the regular maintenance of the Greenbelt and Community trails and open space. a maintenance program for the ordinary and usual maintenance of the trails shall be established with the approval of the City in order to minimize potential for erosion into lower Otay Reservoir. viii.The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. ix. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. x. The CC&Rs shall include provisions that provide City the right, but not the obligation, to enforce the CC&R provisions same as any owner in the Project. xi. The CC&R provisions setting forth restrictions in these Tentative map conditions m,:,y ;:tot be revised at any time without prior written perm~ss~on of the City. xii. The MHOA shall not seek to dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holders of first mortgages within the MHOA. xiii.The CC&Rs shall include the requirement to provide for the fair share of the cost of maintaining the existing detention basin and wetland restoration areas in the Eastlake Trails. xiv. CC&Rs shall include provisions establishing an HOA to assure maintenance of all open space areas and slopes including long term maintenance of the Salt Creek 18 ,,_. ..... - -~--------------- wetland mitigation area in perpetuity, as identified in the Eastlake III Woods and Vistas Conceptual Wetland Mitigation Plan, prepared by Helix Environmental Planning, Inc., all subject to approval by the City's Environmental Review Coordinator. xv. Provide within the master CC&Rs for the maintenance in perpetuity of all stabilized decomposed granite (DG) areas by a Homeowners Association. xvi. CC&Rs shall include the requirement to provide for the following: 1) Maintenance of the landscaped parkways along all streets containing detached sidewalks. 2) Maintenance of all decomposed granite (DG) areas. 40. Condi tion No. 176 - (DG Walkways free from Obstacles). In satisfaction of Condition No 176 of the Resolution, Developer hereby acknowledges and agrees that there shall be no vertical obstacles and obstructions such as public utility vaults, boxes, etc. placed within the decomposed granite (DG) walkways within the project. In the event of any such obstruction placed within the walkways, Developer agrees to immediately remove such obstructions, upon request of the City. 41. Condition No. 177 -(MHOA). In satisfaction of Condition No. 177 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 42. Olympic Training Center Offsite Drainage. Developer hereby agrees to accept, convey and provide water quality treatment, to the satisfaction of the City Engineer, for all storm water drainage flows contributed by certain existing offsite Olympic Training Center slopes draining towards the Project along the western boundary of Lots 146 and 147 of the Final Map. In addition, Developer agrees that on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, 19 related to erosion, siltation or drainage flows resulting from said Olympic Training Center property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 43. Otay Lakes Road Construction Phasing. Developer hereby agrees to the following: a. Developer hereby agrees to provide traffic barriers and/or any other devices required by the City Engineer for precluding access to Otay Lakes Road from Lake Crest Drive until construction of Otay Lakes Road is completed and accepted by the City in strict conformity and in accordance with Chula Vista Drawings Nos. 01052-01 thru 01152-11 ("Full Otay Lakes Road Improvements"). b. In the event, Developer desires to gain access to Otay Lakes Road from Lake Crest Drive prior to completing the Full Otay Lakes Road Improvements, Developer shall obtain the approval of the City Engineer of Improvement Plans for those partial improvements (" Partial Otay Lakes Road Improvements") providing safe access to Project as determined by the ci ty Engineer. Developer hereby agrees to provide traffic barriers and/or any other devices required by the City Engineer for precluding access to Otay Lakes Road from Lake Crest Drive until construction of said Partial Otay Lakes Road Improvements is completed and accepted by the City. 44. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1, 2, 5, 6, 8, 11, 12, 18, 24, 41, 42, 68, 71, 76, 98, 99, 100, 101, 104, 105, 106, 107, 108, 109, 110, 112, 117, 118, 137, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 176, 177 of the Resolution. 45. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 46. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 20 - .,j ..-.. 47. Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 48. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President Tel: (619) 421-0127 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the 21 5 /, entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 22 :3' "77 [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTAS PHASE 1, CHULA VISTA TRACT NO. 01-09] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: John M. Kaheny City Attorney 23 -' 7f- ~-~_.__...._-~- -,- [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] (PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III VISTA PHASE 1, CHULA VISTA TRACT NO. 01-09] DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 By ~~- By (;;, i Cur mith y, A.f,aro Title: Vice President Title: Vice President (Attach Notary Acknowledgment) 24 './ Ì' l CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~7 7.7 7B<'.777. -------- .7.7""'-'0.77- .-7.7.-;"-~"",0 I' I, State of California } 55, I, 1 County of San Diego 'I I, 1 On March 29, 2002 before me, Denise M. Smith, Notary Public 1 0", N~~dTI"'o'Dffio,,(,.,.,'J~'Dœ,No".P""", personally appeared C:llrt- !':mi t-h ;mt'l r.ll¥~,~~e,;-;;?, ,I ,I 0 personally known to me 1 IX proved to me on the basis of satisfactory evidence to be the person@ whose nam~ is~ subscribed to the within ins ent and acknowledged to me that helsh xecuted I @¡ ""'., I< """" I the same In hislherlt eir authorized capacity~ and that by hiS/hæ, í . COMM.#1238358 H signature s on the instrument the perso 5, or NOTMY PUBUC.cAUfORNIA ~~.. the entity upon behaif of which the person@ " OBER 22, 2003' acted, executed the instrument. WITNESS my hand and official seal. ~Ø1.~ SO"""" ,'N,'"P"OI< OPTIONAL Though (he inlolma';on below is nol lequired by law, ;¡ may pmve valuable 10 pelsons relying O" Ihe document and could plevent fraudulenl removal and realtachmenl 01 this 101m to a"olher docume,,1 Final Map EastLake III Vistas Descr!¡>tion of Attached Document Chula Vista Tract No. 01-09 Perm1t No. EV-003F Title or Type of Document: Supplemental Subdivision Improvement Agree. Document Date: Number of Pages: 26 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . 0 Individual Top P' Ihomb h", 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney.ln-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 N"'",I NbI,. A,w,',",,' "SO D,SOfpA". PO B" 24"'Ch",=". CAO"".24 "'_"11'","""", Prod. No. "07 R"""C",T'""""<".87&6827 Exhibit "A" Legal Description of Property Lots 1 through 272 together with Lots A through M ofChula Vista Tract No. 01-09, Eastlake III Vistas Phase I in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , filed in the Office of the County Recorder of San Diego County on , 2002, as File No. of Official Records. THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL '7 d)r1 ~ p~ '~ ~ John M. Kaheny City Attorney Dated: 1- '- '"" V 2..-- >~/Pr f;L 7JL ?J~ fFJ/L-(p~, 1- ,.j .... RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) - ) Above Space for Recorder's Use EW-004F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS, NEIGHBORHOODS WR-6 & WR-7, CHULA VISTA TRACT NO. 01-09 (Conditions 1, 2, 5, 6, 11, 12, 18, 24, 41, 42, 68, 70, 71, 76, 98, 99, 100, 101, 104, 105, 106, 107, 108, 109, 110, 112, 117, 118, 137, 154, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 176, 177 of Resolution 2001-269) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2002, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, EASTLAKE COMPANY LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A attached hereto and incorporated herein ("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and Vistas and is commonly known as Eastlake III Woods Neighborhoods WR-6 and WR-7. For purposes of this Agreement the term "Project" 1 'l shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property. D. Developer or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-09 ("Tentative Subdivision Map" or Tentative Map") for the subdivision of the Property. E. The City has adopted Resolution No. 2001-269 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Developer has requested the City's approval of a final subdivision map for the Property. G. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for Eastlake III Woods Neighborhoods WR-6 and WR-7. b. "Complete Construction" shall mean that construction of the improvements have completed and have been inspected and accepted by the City. c. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. d. "FSEIR 01-01" means Final Subsequent Environmental Impact Report and first and second addendums thereto. e. "SPA Plan" means the Eastlake III Sectional Planning Area Plan as adopted by the City Council on July 17, 2001 pursuant to Resolution No. 2001-220. 2 r" -'- -- -- f. "PFFP" means the Eastlake III Woods & Vistas Public Facilities Financing Plan adopted by Resolution No. 2001-220, and as may be further amended from time to time. g. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. h. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as .set forth below. 1. Agreement Applicable to Subsequent OWners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and tlfe covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations 3 .,;;;- under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. 4 7 / ):' ...... Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property 3. Condition No. 2 (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer hereby agrees to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) Eastlake III General Development Plan (GDP); 2) Eastlake III Sectional Planning Area (SPA) Plan; 3) Eastlake III Design Guidelines; 4) Eastlake III Public Facilities Financing Plan; and 5) Eastlake Comprehensive Affordable Housing Program all approved by the City Council on July 17, 2001 by Resolution No. 2001-220 and the Eastlake III Planned Community District Regulation and Land Use Map approved by City Council Ordinance No. 2839 on July 24, 2001. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may required to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the developer will continue to comply, remain in compliance, and implement such Plans. 4. Condition No. 5 (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and 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, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the 5 ..;:.:^':-~JP ----------.- ----_.. .. opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 5. Condition No. 6 (General Preliminary). In satisfaction of Condition No. 6 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to FSEIR 01-01 for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 11 (Environmental/Preservation). In satisfaction of Condition 11 of the Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of Planning and Building, all applicable mitigation measures identified in FSEIR-OI-0l and subsequent addendums, the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program for the Eastlake III Project, in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in circumstances warrant such a revision. If any permits are required to be obtained by Developer as set forth herein, Developer shall obtain said permits with applicable agencies in consultation with the City. 7. Condition No. 12 (Environmental/Preservation). In satisfaction of Condition 12 of the Resolution, Developer hereby agrees, to implement, or cause the implementation of all mitigation measures pertaining to the Project FSEIR 01-01 and subsequent addendums. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Program approved in conjunction with FSEIR-OI-0l and subsequent addendums. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 8. Condi tion No. 18 - (Street Trees). In satisfaction of Condition No. 18 of the Resolution, Developer hereby agrees to the following: a. Install all street trees in accordance with Section 18.32.10 of the Chula Vista Municipal Code, the City' s Landscape 6 ..- ¡ --. I I .-.--.-------.--.---- -..-- Manual and approved cross-sections in the Eastlake III SPA plan; or as otherwise approved by the Director of Parks and Recreation and Director of Public Works. b. Provide any and all special installation conditions as requested by the Director of Parks and Recreation for those trees identified in the SPA as having special installation conditions. c. Show street trees on the landscape and irrigation plans for approval by the Director of Parks and Recreation and the Director of Public Works. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. 9. Condi tion No 24 - (ADA Standards). In satisfaction of Condition 24 of the Resolution Developer hereby agrees to the following: a. To construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. b. That in the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. 10. Condition No 41 - (Street Name Signs). In satisfaction of Condition 41 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the Final Map. 11. Condition No 42 - (Traffic Count Stations). In satisfaction of Condition 42 of the Resolution, Developer agrees to process and obtain approval of a construction change or any other form of approval and/or permit from the City Engineer required for the construction of four (4) traffic count stations; one (1) at Hunte Parkway north of Otay Lakes Road, and three (3j along Otay Lakes Road. Developer further agrees to construct the traffic count stations when and as directed by the City Engineer. Developer hereby further agrees that the security posted for said 7 ..5- ",'J m._.'__.----- construction shall be released upon completion of the improvements to the satisfaction of the City Engineer. 12. Condition No 68 - (Impacts to Environmentally Sensitive Areas). In satisfaction of Condition 68 of the Resolution, Developer agrees to avoid indirect impacts on the Otay Tarplant Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes. Developer further agrees that fertilizers, herbicides and pesticides shall not be applied to the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes, or to the manufactured slopes immediately adjacent to Salt Creek. In addition, Developer agrees that potable water shall be used for irrigation on the manufactured slopes along the eastern periphery of the Woods and Vistas parcels that drain to Otay Lakes. 13. Condition No 70 (LOMR Letter). In satisfaction of Condition 70 of the Resolution, Developer agrees that prior to acceptance of the two Woods detention basins and release of the grading bond by the City, Developer shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program Maps of the Salt Creek Channel to reflect the effect of the Salt Creek drainage improvements 14. Condition No 71 (No Protest of Funding Mechanism). In satisfaction of Condition 71 of the Resolution, Developer agrees not to protest the formation of a financing district or any other funding mechanism as approved by the City for the maintenance of the entire Salt Creek drainage basin. The Developer further agrees to finance the formation of such a district on a fair share basis. 15. Condition No 76 - (National Pollutant Discharge Elimination System). In satisfaction of Condition 76 of the Resolution, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) , as set forth in the National Pollutant Discharge Elimination System (NPDES) , permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. 8 "'^_. """ .. ----..-- .-.. ----_.__._0__--' - . .0- The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non- point source pollution, to the satisfaction of the City Engineer. 16. Condition No. 98 (Encroachment Permit). In satisfaction of Condition No. 98 of the Resolution, Developer hereby agrees to apply and obtain an encroachment permit prior to the installation of private facilities within the public right of way. The Developer shall maintain, in perpetuity, membership in an advance notice such as the USA Dig Alert S",rvice and shall cause any private facilities owned by the Developer to be marked out whenever work is performed in the area, and shall install shutoff devices at those locations. 17. Condi tion No. 99 - (Withhold Building Permits and Hold Harmless). In satisfaction of Condition No. 99 of the Resolution, Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for the subject subdivision if anyone of the following occurs: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. Not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not 9 .j-- ,Î.L been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the Public Works Director. b. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act. c. That cable television companies franchised by the City of Chula Vista have equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (i) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (ii) any such cable c~mpa~y is and remains in compliance with, and promises to remaln In compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the 10 -' Developer reasonable time to cure said breach. e. That, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. f. That the Developer participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). g. To not protest formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities described in .the Eastlake III GDP and Eastlake III PFFP. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any fee, which may be imposed due to these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 18. Condition No 100 (Previous Agreements). In satisfaction of Condition No. 100 of the Resolution, Developer shall comply with all previous agreements as they pertain to the Project. 19. Condition No 101 - (Street Sweeping). In satisfaction of Condition No. 101 of the Resolution, Developer shall contract with the City's current street sweeping franchise, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street, or 60 days after the completion of all punch list items, whichever is shorter. Developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which shall include a map of areas to be swept and the date the sweeping will begin. 20. Condition Nos. 104, 105, and 106 - (Air Quality Improvement Plan, AQIP) - In satisfaction of Conditions No. 104, 11 ¿ ~. ...J 105, and 106 Developer hereby agrees that no later than May 22, 2002, the Developer shall have had the Air Quality Improvement Plan (AQIP) Developer prepared for the Project acted upon by the Planning Commission and City Council. The Developer agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the AQIP; 2) waives any claim that adoption of the final AQIP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as varlOUS technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. 21. Condition Nos. 107, lOB, and 109 - (Water Conservation Plan, WCP) - In satisfaction of Conditions No. 107, 108, and 109 Developer hereby agrees that no later than May 22, 2002, the Developer shall have had the Water Conservation Plan (WCP) Developer prepared for the Project which incorporates the pilot Study recommendations, acted upon by the Planning Commission and City Council. The Developer hereby agrees to implement the final approved measures and include the measures as part of the Project. The Developer further: 1) agrees to comply and remain in compliance with the WCP; 2) waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; 3) acknowledges that the City Council may, from time- to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prlor to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time, Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 22. Condi tion No 110 - (Noise Levels) - In satisfaction of Condition No. 110 Developer hereby agrees that prior to issuance of building permits (including model home permits) for the Property, the Developer shall submit a detailed acoustical analysis to the City's Environmental Review Coordinator prepared 12 ,:5'.. }- '" by a qualified acoustical consultant that demonstrates that the building structure is adequately designed such that second-floor interior noise levels, due to exterior sources, will be at or below the 45 CNEL interior standard. Developer acknowledges and agrees that where exterior noise levels exceed 60 CNEL, 'additional measures shall be required to be implemented by the Developer to attenuate interior noise to the 45 CNEL standard in compliance with the noise mitigation measures required in the Mitigation Monitoring Reporting Program. 23. Condition No 112 - (Community Facilities District). In satisfaction of condition No. 112 of the Resolution, Developer hereby agrees to the following: a. That a Community Facilities District ("CFD") for funding the maintenance of public improvements and facilities shall be formed prior to issuance of the first production home building permit. b. Maintenance of public improvements and facilities shall be accomplished by the Developer for a minimum period of one year, or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, some other financing mechanism, such as homeowners association, or an endowment shall be established and submitted to the City council for consideration prior to issuance of the first production home building permit. 24. Condition No 117 - (Open Space Lots). In satisfaction of Condi t ion No. 117 of the Resolution, Developer agrees to have future property owners of lots adjacent to open space lots sign a statement at the time of property purchase, indicating that they are aware and acknowledge that the perimeter walls within open space lots are the property of the Eastlake III HOA, and that they may not modify or supplement the wall, or encroach onto Open Space property. 25. Condition No 118 (Maintenance Agreement). In satisfaction of Condition No. 118 of the Resolution, Developer agrees that on or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the grant of easements and maintenance agreement, in the form acceptable to the City Engineer and City Attorney, and other appropriate documentation, describing the maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Eastlake III Project. Developer acknowledges that the MHOA's 13 [- J --' -'" maintenance of the Open Space Areas may expose the City to liability. Developer agrees to establish the MHOA that will hold the City harmless from any negligence of the MHOA in the maintenance of such Open Space Areas. 26. Condi tion No 137 - (Street Trees). In satisfaction of Condition No. 137 of the Resolution, Developer agrees to immediately relocate, at its sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Director of Parks and Recreation or the City Engineer. 27. Condition No. 154. - (Disclosure Statement). In satisfaction of Condition No. 154 of the Resolution, prior to issuance of the first building permit for the property, Developer shall provide to the City's Planning and Building Department for review and approval a disclosure statement setting forth the allowable uses in the westerly adjacent Business Center. Developer further agrees to provide the approved statement to potential buyers prior to close of escrow on dwelling units within the Property. 28. Condition No. 159. - (Fire Hydrants). In satisfaction of Condition No. 159 of the Resolution, Developer shall provide fire hydrants every 500 ft. for single-family residential units and every 300 ft. for multi-family residential units. Developer agrees that all hydrants shall be operable prior to delivery of combustible building materials, and minimum 20 ft. wide, all- weather fire access roads shall be in compliance with the U.F.C. or an alternative approved by the City's Fire Marshal shall be provided. 29. Condition No. 160. - (Sprinkler Systems). In satisfaction of Condition No. 160 of the Resolution, Developer agrees to provide sprinkler systems in all homes that are on flag lots where any portion of exterior wall of first story is located more than 150 ft. from Fire Department access or as measured by local jurisdiction to the satisfaction of the City's Fire Marshall. 30. Condition No. 161. - (Fire Access). In satisfaction of Condition No. 161 of the Resolution, Developer agrees to provide, prior to issuance of the first building permit for the Project, a 20 foot wide hard surface access road and required fire hydrants with required water pressure to the satisfaction of the Fire Marshal. 14 -- .:, 7 ~. . -' ". ....._.,...,--_.._-----~_. . 31. Condition No. 162. - (Fire Station Fee). In satisfaction of Condition No. 162 of the Resolution, Developer shall pay prior to issuance of each building permit Public Facility Fees at the rate in effect at the time building permits are issued. If the Permanent Fire Station has been constructed in Eastlake, the Developer shall be given credit, for costs related to construction of the permanent fire station. 32. Condition No. 165. - (Code Requirements). In satisfaction of Condition No. 165 of the Resolution, Developer shall comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 33. Condition No. 166. - (Underground Utilities). In satisfaction of Condition No. 166 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. 34. Condition No. 167. - (Federal, State, and Local regulations). In partial satisfaction of Condition No. 167 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 35. Condition No. 168 - (Natural Channels in Open Space). In partial satisfaction of Condition No 168 of the Resolution, Developer agrees to comply with Council Policy No. 522 02 regarding maintenance of natural channels within open spaces. 36. Condition No. 169 (Watercourse and Floodplain). In partial satisfaction of Condition No 169 of the Resolution, Developer agrees to comply with Chula Vista Municipal code Sections 14.04 to 14.18 and 18.54 as amended for any work proposed within the watercourse and floodplain of Salt Creek. 37. Condition No. 170 - (Payment of Fees). In satisfaction of Condition No 170 of the Resolution, Developer agrees to Pay the amount of the following fees in effect at the time of issuance of building permits: 15 .5" /"' 1"" a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee e. Salt Creek Sewer DIF f. Telegraph Canyon Pumped Sewer Basin DIF, if applicable. g. Poggi Canyon Pumped Sewer Basin DIF as may be adopted by the City in the future if applicable. 38. Condition No. 171 (Growth Management). In satisfaction of Condition No 171 of the Resolution, Developer shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 39. Condition No. 172 (Public Facilities). In satisfaction of Condition No 172 of the Resolution, Developer hereby agrees to the following: Install public facilities in accordance with the Eastlake III Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 40. Condition No. 175 (Master Home Owners Association). In satisfaction of Condition No 175 of the Resolution, Developer hereby agrees to the following: a. Establishment of MHOA. Developer shall create a Master Homeowner's Association ("MHOA") to own and maintain in a professional manner open space areas, medians, parkways, Salt Creek wetlands mitigation area, or any other improvement not maintained by community facilities district, the City, or other entity. Developer agrees that the City has the right to withhold issuance of any building permits for Eastlake III project if no MHOA is established to maintain the Open Space Areas or the City has not approved the final version filed with the Department of Real Estate of the MHOA's Declaration of Conditions, Covenants and Restrictions ("CC&R's"). The City shall approve any revision to 16 [ --' such CC&R's. b. HOA Documentation. On or before 60 days from the date of Council approval of this Agreement, Developer shall submit for City's approval the CC&R's. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning & Building requires such annexation of future tentative map areas. c. The Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted to and subject to the approval of the City Engineer, City Attorney, Director of Planning & Building, Director of Parks & Recreation and Director of Public Works. The CC&R's shall include but not be limited to the following provisions and obligations of the Master Homeowners Association and/or any successor in interest (herein after collectively referred to as "Master Homeowner Association MHOA) ": i. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the community facilities district. ii. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of lOa," of the holders of first mortgages or property owners within the MHOA. iii. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. iv. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100% of the holders of first mortgages or property owners within the MHOA. v. Should the MHOA seek to be released by the City from the maintenance obligations for the pro] ect ' s open space and trails, the MHOA shall first obtain written consent from the City and lOa," of the property owners within the MHOA. 17 S./), vi. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured vii. The HOA shall be responsible for the regular maintenance of the Greenbelt and Community trails and open space. a maintenance program for the ordinary and usual maintenance of the trails shall be established with the approval of the City in order to minimize potential for erosion into lower Otay Reservoir. viii. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. ix. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. x. The CC&Rs shall include provisions that provide City the right, but not the obligation, to enforce the CC&R provisions same as any owner in the Project. xi. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. xii. The MHOA shall not seek to dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holders of first mortgages within the MHOA. xiii.The CC&Rs shall include the requirement to provide for the fair share of the cost of maintaining the existing detention basin and wetland restoration areas in the Eastlake Trails. xiv. CC&Rs shall include provisions establishing an HOA to assure maintenance of all open space areas and slopes including long term maintenance of the Salt Creek wetland mitigation area in perpetuity, as identified in the Eastlake III Woods and Vistas Conceptual Wetland 18 Mitigation Plan, prepared by Helix Environmental Planning, Inc., all subject to approval by the City's Environmental Review Coordinator. xv. Provide within the master CC&Rs for the maintenance in perpetuity of all stabilized decomposed granite (DG) areas by a Homeowners Association. xvi. CC&Rs shall include the requirement to provide for the following: 1) Repair and replacement of the proposed beveled curbs in the Woods. City will provide sweeplng services for those streets with beveled curbs. 2) Maintenance of the landscaped parkways along all streets containing detached sidewalks. 3) Maintenance of all decomposed granite (DG) areas. 41. Condition No. 176 - (DG Walkways free from Obstacles). In satisfaction of Condition No 176 of the Resolution, Developer hereby acknowledges and agrees that there shall be no vertical obstacles and obstructions such as public utility vaults, boxes, etc. placed within the decomposed granite (DG) walkways within the project. In the event of any such obstruction placed within the walkways, Developer agrees to immediately remove such obstructions, upon request of the City. 42. Condition No. 177 -(MHOA). In satisfaction of Condition No. 177 of the Resolution, Developer agrees that future property owners will be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. 43. Otay Lakes Road Construction Phasing. Developer agrees to the following: a. Developer hereby agrees to provide traffic barriers and/or any other devices required by the City Engineer for precluding access to Otay Lakes Road from Woods Drive until construction of Otay Lakes Road is completed and accepted by the City in strict conformity and in accordance with Chula Vista 19 )..2....." Drawings Nos. 01052-01 thru 01152-11 ("Full Otay Lakes Road Improvements"). b. In the event, Developer desires to gain access to Otay Lakes Road from Woods Drive prior to completing the Full Otay Lakes Road Improvements, Developer shall obtain the approval of the City Engineer of Improvement Plans for those partial improvements ( "Partial Otay Lakes Road Improvements") providing safe access to Project as determined by the City Engineer. Developer hereby agrees to provide traffic barriers and/or any other devices required by the City Engineer for precluding access to Otay Lakes Road from Woods Drive until construction of said Partial Otay Lakes Road Improvements is completed and accepted by the City. 44. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1, 2, 5, 6, 11, 12, 18, 24, 41, 42, 68, 70, 71, 76, 98, 99, 100, 101, 104, 105, 106, 107, 108, 109, 110, 112, 117, 118, 137, 154, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 176, 177 of the Resolution. 45. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 46. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 47. Building Permi ts. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 48. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by 20 ----_._--~--_._----_.. .---- this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the u.s. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Curt Smith, Vice President Tel: (619) 421-0127 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference 21 ..s- ; / .'i -.---------..-.----.-...--- into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 22 .) .~- [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, CHULA VISTA TRACT NO. 01-09] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to form: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 23 ..:;.; , [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS NEIGHBORHOODS WR-6 AND WR-7, CHULA VISTA TRACT NO. 01- 09] DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 By: ~ Curt Smith Title: Vice President (Attach Notary Acknowledgment) ", (~i\,) .fa. KllfIcJ Debì Ratti K1ingner Title: Vice President 24 .:) ';1 ,f CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT c\,~,ç<',ç<'=.<'X',ç<'.<'X'~==.Œ; . . , . "" . . " ",,' ~ . I' State of califOrnia} ,I I: - I' County of San Diego I I' 'I ~, On March 19'0,:002 . before me, Si~van~~~'~TI~~::œ~(:;~'"~~tN~.:~,"~~bliC '; ,~.m.... personally appeared Curt Smlth and Debl Roth Klingner ,( , N~.(,)"s;,.,.",) :'. ~nallYknowntome '; '~.: 0 proved to me on the basis of satisfactory " I , evidence I' " ~ to be the person(s) whose name(s) ~/are ,I ~ subscribed to the within instrument and 'I I~ ~ - - - - - - - - - - - - ~ acknowledged to me that AeIsfle/they executed 'I II' SILVANA C, BRAZELL the same in bi$iM(/their authorized ~ 'ii @ ComrniasionIl1339922 capacity(ies), and that by tHsIR9r/their 'I ~ ~. Notary Public. California ~ signature(s) on the instrument the person(s), or I ~i) San Diego CO", nty f the entity upon behaif of which the person(s) ? MyCorrm.I!IIInI FeÞ 1":1006 acted, executed the instrument. t ------------ I :~ WiTNESS my hand and officiai seal. ' ~ ~ ~ . ~ II) dudMA) C. <:1 S""',,.ol No,," ',b", 'R *1 ~ OpnONAL IYj Though Ihe inlormation below is "ot required by law, it may prove valuable 10 persons relying 0" the documenl a"d coutd prevent ¡"i fraudule"t removaf and reattachme"t of this form 10 another document ~ ~ ~;i Description of Attached Document ~ :ßi Titie or Type of Document: ~ ~ I I\il' Document Date: Number of Pages: i~ ~ Signer(s) Other Than Named Above: ~.I ~ ~ ~! Capacity(ies) Claimed by Signer ß ~ I~ I" Signer's Name: > ~ . ,.. ., ¿¡ 0 individuai Topolthumbh". " ~ 0 Corporate Officer - Title(s): ~ ~¡ 0 Partner - 0 Limited 0 Generai ~ Iii] 0 Attorney.in.Fact r~ ~ 0 Trustee ~i ¿ 0 Guardian or Conservator @ ~¡ 0 Other: I9í ~, , I 'm Signer Is Representing: !'!i ~i'ÇZ'Q;'Q~'!'C'Ç('Ç<~'(x"'<Jçz'Q;'ÇZ'ÇÇ=='ÇZ~'9'.'Q;'iXii';(:'Q;"'Ç=""';:-=§(3Q",,~g~«='Q~'ÇÇ-ç~=-W~ o "99 NoI;oool N","",".oI;oo"'5O o. Solo '"' ,'.0, ',,'<O"Chol'.OOh,CA9""."" '~..o,lioo""""".m, ""No."" R.md."C.lIToIl.'",,'.'OO.B76.,"" ~.- ._~~- Exhibit "A" Legal Description of Property Lots I through 256 together with Lots A through 0 of Chula Vista Tract No. 01-09, Eastlake III Woods, Neighborhoods WR-6 and WR-7 in the City ofChula Vista, County of San Diego, State of California, according to Map thereof No. , filed in the Office of the County Recorder of San Diego County on , 2002, as File No. of Official Records. -_._-_..__.._--- --- COUNCIL AGENDA STATEMENT Item ~ - Meeting Date 4/9/02 ITEM TITLE: Resolution Approving the Final Map for San Miguel Ranch Planning Area "I", Chula Vista Tract No. 99-04 Accepting on behalfofthe City of Chula Vista, the various streets and easements, all as granted on said map, within said subdivision; approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to execute said agreement. Resolution Approving the Final Map Supplemental Subdivision Improvement Agreement for San Miguel Ranch Planning Area "I", Chula Vista Tract No. 99-04, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2000-068 and authorizing the Mayor to execute said agreement Resolution Approving the grant of easements and maintenance agreement for San Miguel Ranch Neighborhood" I", establishing specific obligations and responsibilities for maintenance of private landscaping within public right-of-way and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works r REVIEWED BY: City ManagerG"V';¡,v (4/5ths Vote: Yes_No~ .f".! \ Tonight, City Council will consider the approval of 105 single family detached residential lots for Trimark Pacific-Belrosa, LLC Neighborhood "I" within Phase 1 of San Miguel Ranch. The Tentative Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch, was approved on February 29, 2000, by Resolution No. 2000-068. The "A" Map No.1 for San Miguel Ranch, Phases 1,2 & 4 was approved by City Council on August 7, 2001 by Resolution No. 2001-259. This project is the second "B" map for San Miguel Ranch. The first "B" Map was approved for 131 units on February 26,2002. With this map of 105 additional units, the total is 236 units. The prior traffic cap was 675 EDU's and the amended cap is 892 EDU's. The City has established a Traffic Enhancement Program in order to deal with issues concerning traffic impacts to the City. This program is aimed at increasing the capacity of the overall street system by making improvements on streets at certain locations that will have the greatest impact in reducing future congestion. The two most significant projects are widening on both Telegraph Canyon Road and East H Street at I-80S. The master developers are participating in financing the traffic enhancement projects within the City to provide additional capacity. The master developer for San Miguel Ranch will be budgeting one million dollars in the Master Developer's Community Facilities District 2001-01 for traffic improvements to East H Street at I-80S. The financing agreement for this facility is scheduled to be brought forward for Council consideration in April in conjunction with the bond sale for Community Facilities District 2001-1. Staff is aware of the City Council's concern with and interest in traffic management and is addressing this issue on an ongoing basis. ------.--.----..------ --. '-- Page 2, Item Meeting Date 4/9/02 RECOMMENDATION: That Council adopt the: I. Resolution approving the Final "B" Map & Subdivision Improvement Agreement. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement. 3. Resolution approving the Home Owners Association (HOA) Maintenance Agreement, establishing specific obligations and responsibilities of the HOA, regarding maintenance of private landscaping within public right-of-way. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located northerly adjacent to Mount Miguel Road, north of Proctor Valley Road and east of the proposed SR-125, within the area of San Miguel Ranch Phase I. The "B" map for Planning Area "I" consists' of 105 numbered lots (Single Family Detached units) and 2 lettered lots, totaling a gross area of37.688 acres (see Exhibit 1). The City's Environmental Review Coordinator has reviewed the Final Map and has determined that it is in conformance with the Final Subsequent EIR for San Miguel Ranch SPA and TM (EIR 97-02), and other related environmental documents. The Final Map will not result in any new environmental effects that were not previously identified, nor would the Final Map result in a substantial increase in severity in any impacts previously identified. The final map has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all public streets, assignable and irrevocable general utility and access easements, tree planting and maintenance easements, sight visibility easements, and emergency and pedestrian access easements within the subdivision. Trimark Pacific-Belrosa, LLC has executed the Subdivision Improvement Agreement (Attachment A), providing bonds to secure the construction of onsite facilities within the subdivision. Trimark Pacific-Belrosa, LLC has also executed a Supplemental Subdivision Improvement Agreement (Attachment B), which addresses several outstanding conditions of the tentative map. An advanced permit (Permit # SM-003C) has been issued to Trimark Pacific-Belrosa, LLC to construct improvements. Parks The Master Developer (NNP Trimark San Miguel Ranch, LLC) has provided an Irrevocable Offer of Dedication of Fee Interest for the land acquisition obligation for community parks within San Miguel Ranch Phases 1,2, & 4 "A" Map No. (Resolution No. 2001-259). Grant of easements and Maintenance Agreement The grant of easements and maintenance agreement (Attachment C) sets forth the master developer's obligation to maintain landscaping in the public right of way. The obligation will be assigned to the master homeowner's association (MHOA)after the landscaping has been established and tumed over to the MHOA to maintain. Further agreements will be brought before council with each subsequent map for MHOA maintained public property within the subdivision boundary. .----. -- -.-..-- Page 3, Item ~ Meeting Date 4/9/02 FISCAL IMP ACT: None to the City. Developer has paid all costs associated with the proposed Final Map and agreement. Attachments: Exhibit I: Plat - San Miguel Ranch Planning Area "I", Chula Vista Tract 99-04, location map. Exhibit 2: Developer's Disclosure Statements Anachment A: Subdivision lmprovment Agreement Attachment B: Supplemental Subdivision Improvement Agreement Anachmeut C: Grant of Easements & Maintenance Agreement File No. 0600-80-SMO03F JIEng;n,e,IAGENDAIAI 13_S,nM;gueIRanch_I_Dcaftl .doc 3/27/023:31:57 PM -------- -------. fjhibit I CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "I" CHULA VISTA TRACT No. 88-04 SAN MIGUEL RANCH PHASES 1. 2. ,\. 4 'A" MAP NO.1 MAP NO. 14261- "" ~ CHULA VISTA TRACT NO. 88-04 10, ~ g SAN MIGUEL RANCH '" PLANNING AREA "H' ò 6 ~ MAP NO. 14261. 2: 2: ::;:" b~~~ ~¡¡j:"~ 1--¡jJ""2: ;:::§ '" ~ ~~.,.,::;: """ « w -I '" ::) « :r: :r: "' "- 0 0 '<T CHULA VISTA TRACT NO. 88-04 II SAN MIGUEL RANCH , PLANNING AREA "H' ~ MAP NO. 14261. W -' « u (J) N - HUNSAKER I - ~ f~,~9~~ YES PLANNING 10179 Hc,"",'"" s,,~, 400 0 400 800 1200 ENGINEERING 5," 0;,,°' c. 92121 - - I SURVEY1NG PH(BSB)SSB.4500.FXIBSBIS5B.1414 ~ - SCALE 1" = 400' R,\024J\&MAP\£XH FM PA I COUNC/LDWG - WOo 2091-14 ----..- "°3/2'-102 11: 29 FAX 7607815477 __.'l'RIMARK PACIFILJIOMES 141002 ., e:x~ib ¡} L THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matte,.. which will require discretionary action by the Council, Planning Commission and all :,ther offic',al bodies of the City, a statement of disclosure of certam ownership or fmancial interests, -.'aY'(,~nts, or campaign contributions for a City of Chula Vi;(a dection must be filed, The following infoIT""tÌon must be disclosd: 1. List the names of all persons havinj; a financial interest in the property that is (he subject of (he application or the contract, e.g., own":~, applicant, contractor, subcontractor, material supplier. I r \ HoAr,,¥, \r. C¡),..,.... ~C' - - <V,J'(OSA- ~L c -.- .-' 2. If any person* identified pursuant (0 (I) above is a corporation or partnership, list the names of all individuals wIth a $1000 investment in the business (corporation/partnership) entity. ~'4,~.\+e~-_n $o~)-". Q. \..............~........... c..\~ Q ~ 3. If any person" identified pursuant to (1) above Ü; 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 trustor of the trust. -- ,- -. 4, Please identify every person, including' any agents, employees, consultants, or independent contractors you have assigned (0 cepœsent you before the City in this matter. ~....,\.~._t. ~~k ~r\\'~ Q~v..v.~ --.' ~~~ . --' j)3i 2 ',/02 11: 29 FAX ï60ï8154ïï TRIMARK PACIFIC HOlIES 141003 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~ 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? Yes__No- ÝlfYes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives, non-profit Board of Directors made contributions totaling more than $1,000 o~the past four (4) years to a current membcr of the Chula Vista City Council? Yes_No~If Yes, which Council member? 8. Have you provided more than $300 (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~IfYes, which official".and what was the nature of item provided? Date: ~ ...""2. \-C2.. Signature 0 Contractor/ Applicant ~~~ "'£. \.\.-e~ Print or e name of Contractor/Applicant * Person is defined as: any individual, fmn, co-partnership, joint venture, association, social club, fratcrnal organization, corporation, estate, tn:st, receiver, syndicate, any other county, city, municipality, distnct, 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. H: \HOME\EN GTh.1EER \ADMIN\CONTRA CT\DISCLOSE.DOC , ./ C, ~ '-"-'-- --,---- '-'_._- --.-- RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "I", CHULA VISTA TRACT NO. 99-04, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista hereby finds that certain map survey entitled Chula vista Tract 99-04 SAN MIGUEL RANCH PLANNING AREA "I", and more particularly described as follows: Being Lot 8 of Chula Vista Tract No. 99-04, San Miguel Ranch Phases 1, 2 & 4 "A" Map No. 1, in the city of Chula Vista, County of San Diego, State of California, according to Map thereof No. 14261 filed in the office of the San Diego County Recorder on August 21, 2001. Area: 37.688 Acres No. of Lots: 107 Numbered Lots: 105 Lettered Lots: 2 is made in the manner and form prescribed by law and conforms to the surrounding surveys: and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the Assignable and Irrevocable General Utility and Access Easements, all as shown on said map within this subdivision. 1 .., ., . BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain Assignable and Irrevocable General utility and Access Easements, are accepted on behalf of the City of Chula vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the city Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and is hereby authorized to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by j/SfJ1 ~ John P. Lippitt ;~~aheny Director of Public Works city Attorney J, \attorney\reso\SMR Final Map Planning Area I 2 ) THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ dìJ1~ ~ahn M. Kaheny Cjty Attorney Dated: if - ¿ /0 2....- 5!A: (fl.~:£ C u '-r~ (/Æ, 1f~O r Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 200~ by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and TRIMARK PACIFIC BELROSA, LLC, a California limited liability company, 85 Argonaut, Suite 205, Aliso Viejo, CA 92656, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SAN MIGUEL RANCH PLANNING AREA "I", CHULA VISTA TRACT 99-04, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for .purpose of recording in the Office of th€ County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement 1 security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordat ion of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2000-068, approved on the 29th day of February, 2000 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01042-01 through 01042-11 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION SEVEN HUNDRED THIRTY -TWO THOUSAND DOLLARS AND NO CENTS ($1,732,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all In strict conformity and in accordance with the 2 ., .. " plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT HUNDRED SIXTY-SIX THOUSAND DOLLARS AND NO CENTS ($866,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and.deliver to the 3 .-.-.- --.-.--- - City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT HUNDRED SIXTY-SIX THOUSAND DOLLARS AND NO CENTS ($866,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 4 " 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the 5 point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretlon may, if such assignment is requested, permi t a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 6 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT SAN MIGUEL RANCH, PLANNING AREA "I", CHULA VISTA TRACT 99-04 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA TRIMARK PACIFIC BELROSA, LLC, a California limited liability company By: TPH LLC, a California limited liability company, Mayor Managing Member By: Trimark Ventures, Inc., a ATTEST California corporation City Clerk Its Member Approved as to form by BY'~~ Stephe E. Hester Its: Vice President John M. Kaheny City Attorney (Attach Notary Acknowledgment) 7 .' ,..:) LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $866,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $866,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $20,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. H,lhomelattorneyl,iaISMR Planning Area I 8 " /Ji/-ilBiT It ~ FileNo.: 50\-'\=3 F BOND FOR FAITHFUL PERFORMANCE Bond No.:BE 2640085 Premium: $12,990.00 (To Be Used Prior to Approval of Subdivision lmprovement Agreement) WHEREAS, the City Council of the CityofChula Vista, County of San Diego, State ofCalifomia, and Trimarl< Pacific-Belrosa. LLC (hereinafter "Principal") desire to enter into a Subdivision Improvement Agreement (hereinafter refetred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements for the project known as San Mignel Ranch Planning Area 1 ; and WHEREAS, Principal desires to commence construction of said public improvements prior to approvaJ of said Agreement by the City Council of thc City of Chula Vista; and, WHEREAS, the City of Chula Vista, County of San Diego, State of California, has issued to Principal Construction Permit No. ;".:; MOO3 ~ (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 0\ OY!s' - 0 \ through 0 \ () '-12. ~ regatding construction of said public improvements, which Permit is hereby referred to and made a part hereof; and, WHEREAS. said Principal is required under the tenDs of said Permit to furnish a bond for faithful perfonnance of said Permit and will be required to maintain such bond pursuant to the Agreement NOW THEREFORE, we, the Principal and GULF INSURANCE COMPANY . , a corporation of the State of Connecticut , (hereinafter "Surety"), are held and finnly bound unto the City of Chula Vista, a municipal corporation (hereinafter "city") in the County of San Diego, State ofCalifumia, and to and for the benefit of any and all persons who may suffer damages by breach ofthe conditions hereof, in the penal sum of Eight Hundred Sixty Six Thousand and 00/100-- dollars, ($866,000.00-- ),lawful money ofthe United States, fur the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the ten:ns, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is incorporated herein and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, as to installation and completion of said public Improvements both prior to and subsequent to City approval of the Agreement and in all respects according to their true intent and meaning, and shall indemni1ÿ and save hann1ess City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shaJl be included costs and reasonable expenses and fees, including reasonable attorney's fees, inCUIred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Tne Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the work to be perfonned thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Permit or the Agreement or to the work orro1hc specifications. In addition to the acts bonded for pursuant to the Permit incoxporated above and aU terms, conditions and pI\)visions of the Agreement, the following acts and performances are additíonaJly subject to the terms of this bond: . IN WITNESS WHEREOF, this insttumc:nt has been duly executed by the Principal and Surety above named, on January 28 .20~. III - -- Trimmk Pacific-Belrosa, LLC GULF INSURANCE COMPANY Name OfPrinC~) Name of Surety Company etLf¡ K~'i- ~ By ~ ~~/ By ~ Caroline L. Brown, Attorney-in-Fact 2213 N. Green Valley Pkwy, Suite 101 Address of Surety Company ß£ ct?4> Lj {){)cpS- Henderson, NY 89014 BondIPolicy No. City State Zip Code ABOVE-SIGNATORIES MUST BE NOTARIZED -~- .- APPROVED AS TO FORM: ~~ CrJ~ City Attõm L. J:\EnøiD~DEV\f~Fai1h Porfprior to SIADOC / ß' ,.-.- _.....,--_.._.,.,-, CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California -}ss County of Dill\- ~ On 2 \ '1 \ D ~L--- ,before me~Je 1\ V"\ \- v L l~ ~ \ L( [ \ u d,ll (tJ I C- D", Jùhl'-- ,"m"dT""cIOffi'"'(,g.J,,'Dc,.Nc',~Pcbl'" personally appeared UU\ tlá. v'--'" N,mol" 01 S,go",,' ;tpersonally known to me ) j' - ,~,~~C;;;~;:ï lJ proved to me on the basis of satisfactory evidence ~;:!{ ccmmc~.n:" ... to be the person~ whose name(,..y'is/are 't. :~~~~ ~ ~ ~a~;~,~ c; ;;:~i~ ~¡~ subscribed to the within instrument and acknowledged to me that ~e/sftettñëy executed the same in his/heflttŒir authorized capacity~ and that by his~r signature(8)on the instrument the person(5f: or the entity upon behalf of which the person(§.) acted, executed the instrument. WITNIi'SS my hand and official seal. ~ I \ S\9O~C" L,~ p2 } _,l'ì L ~ Pig," No'"y So" Abc" OPTIONAL Though the information below IS not required by law, it may prove valuable to persons relYing on the document and could prevent fraudulent removal and reattachment of this form to anolher document. Description at Attached Document Title or Type of Document: Document Date: ~_._- Number of Pages: Signer(s) Other Than Named Above: --,. ,,---, Capacity(ies) Claimed by Signer Signer's Name: .- Individual . Top at thomb hele Corporate Officer - Title(s). ,- Partner - limited l_~ General Attorney in Fact - Trustee -, Guardian or Conservator Other: Signer Is Representing: "'YYYN""Oy,NoIyo",oc""""""eesol"" '0 "",o"c"".,", "m'WO2'~'","oo"",IYOog ,,00 ",y", ""de,CYIITbI"""""'""'"" GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTEO ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Commiffee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in.Fact, such persons, firms, or corporations as may be selected from time to time; and any such Afforney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be consfrued as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and fhe Seal of the Company may be affixed to any such Power of Afforney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile. signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are affached!' Gulf Insurance Company does hereby make, constitute and appoint Caroline L. Brown David L. Johnson Stephen T. Kazmer James I. Moore ACKNOWLEDGMENT OF CORPORATE SURETY I STATE OF NEVADA ) ss County of Clark ) On this ~ day of January . ~. before me d CarolineL Brown to me personally known, who appeare . 'if' tt ' b' b d ly sworn did say that he is the aforesald 0 lcer or a orney ln elng y me u, a corporation; that the seal fact of theGULF INSURANCE COMPANY f . d t' affixed to the foregoing instrument is the corporate seal 0 sa~ corpora ~on, b and that said instrument was signed and sealed in behalf of sald corporabon , y the aforesaid officer, by authority of its Board of Directors; and the &!oresald - officer acknowledged' , free act and deed of sald corpora tion. NOTARY PUBliC STATE OF NEVADA My Commission Expi October 2 2005 Clark . '.AJU'" , ~, nL" ,~"" J ~ No. oiMÄ(¡'òi9988 non'" Qualified in Kings County Commission Expires February 16, 2003 I, the undersigned, Senior Vice President of ¡he Gulf Insurance Company, a Connecticut Corporation, 00 HEREBY CERTIFY that the loregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New Yock. Dated the 28th day or January , 20 02 ./~( ~~ George Diancardi - Senior Vice President EXHI8T_~- FileNo.:S",,!co!fO Bond No.: BE 2640085 Premium:N/A BOND FOR MATERIAL AND LABOR (To Be Used PrIor To Approval of Subdivisiou Improvement Agreement) WHEREAS, the City Counçi of the City of ChuIa Vista, County of San Diego, SIBle of California, and Trimarl<: Pacific-Belrosa. LLC (hereinafter "Principø1'") desire to enter into a Subdivision Improvement A¡reement (hereinafter refer=! to as "Agreement") whereby Principal agrees to install and compleœ certain designated public ~vements for the project known as San Miguel Ranch Planning Area I ; and WHEREAS, Principal desires to COIDDImICC construction of said public improvements prior to approval of saidAgreement by the City Council of the City of Olula Vista; and, WHEREAS, the City ofChuIa VisIB, County of San Diego, SIBle ofCalifomia. bas issued to Principal Construction Pmnit No. SM 00 3 ::¡::.. (hereinafter refer=! to as "Pmnit'") for the public improvement worlc as set forth in more: detail on City of ChuIa Vista Drawing Nos.o\ eV¡SI-<) through 0 \ vL12.. - 0'( , regarding construction of said public improvemems, which Permit is hereby referred to and made a part h=of; and, WHEREAS. under the tams of said Permit, Principal is required, before entering upon the pcrfonnance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which refem1ce is made in Title 15 (c:onmu:ncin¡ with Section 3082). Part 4, Division 3, of the Civil Code of the SIBle of California and will be required to 111&intain such bond pursuant to the Agreeement. NOW THEREFORE, said Principal and GULF INSURANCE COMPANY . a corporation of the State of Connecticut , (hereiDafter "Surety"), aIe held and firmly bound unto the City of Chula VisIB, a municipal corporation (bc:reinaiœr "City'") in the County of San Diego, State of California, and aU contractors, suhcontrac1IJrS laborers, tD8terialmm and other persons employed in the performance of the aforesaid Pennit and referred to in the aforesaid Code of Civil Procedure in the sum of Eight Hundred Sixty Six Thousand and 00/100-- dollars, ($866,000.00--- ), lawful money of the United States, for materia1a furnished or Iabor thereon of any kind, or for amounts due under the Unemployment Insu1'mœ Act with respect to such worlc or labor. that said Surety will pay the same in an amOimt not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, ÍIi addition to the 1àcc amount thereof; COSI5 and n:asonable expenses and fees, including reasonable attorney's fees, incurn:d by City in successtiilly enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure 10 the benefit of any and all persons, companies and corporaIions entitled to file claims under Title IS (commencing with Section 3082), Part 4, Division 3, of the Civil Code, 80 as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, adminislrators, successors or assillB, shall in all things stand to and abide by, and well and truly keep and peñorm the terms, covenants, conditions, and provisions of said Permit and the subsequent Agreement, which is incorporated herein and any alteration thereof made as thm-ein provided, on his or their pert. to be kept and performed at the time and in the ØIaIIIIer therein specified, as to installation and completion of said public Improvements both prior to 8I1d subsequent to City approval of the Agreement and in aU reapects a<:cording to ) .',' their true intent and IDCIII1ÎD& and shall indemnify and saw harmless City, its officers, agents and employees, as therein atipuIaIed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and eftèct. . The Surety hereby stipulates and agrees that no cbange, extension of time, alteration or additicm to the termS of the Permit or the Agn:ement or to the work to be performed thereunder or the specifications accompanying the same sball in anywise affect its obligations 011 this boad, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tams of the Permit or the Agreement or to the work or to. the specifications. As pert of the obligation !JCCW'Cd hereby and in addition to the fàce amOlmt specified therefor, there shall be inçluded costa and reasonable c:xpeoaes and fees, and inç1uding reasonable attorney's fees, incum:d by City in succcasfu1ly enforcing such obligation. all to be taxed as costs and included in any judgment rcncIemi. In addition to the IIets bonded for pUlBlllltlt to the Permit incorporaIcd above and all termS, conditions and provisions of the AgreemcDt, the following acts and performances are additionally subject to the terms of this bond: IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Janwuy 28, ,20~. Trimarl< Pacific-Belrosa, LLC GULF INSURANCE COMPANY Name ofPrincípal (Applicant) Name of Surety Company By 64,~~/ By (ì d.f f{~ 7 f} {1----- sÝ Caroline L. Brown, Attorney-in-Fact 2213 N. Green Valley Pkwy, Suite 101 Address of Surety Company (3 e:. ), (0 C(e ú J? S- Henderson, NY 89014 BondIPolicy No. City Stsle Zip Code ABO~GNATORtES MUST BE NOTARIZED APPROVED AS TO FORM: .c?=-- ~ (Cc~ City 1:\Engiaeer\LANDDEVlForms-Ol!Icial\Boa&IBDIId Materia1 A: Labor Prior to SIA.doc ~ - _..._..~_._._.~._..- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California --- } ss. County of OHl~ ~ On 2 \ '1 \ \) ~l----- . J~ ¡\V'\- y L lY~l L ¿( f \01 ¿'I,I l (tJ IC , before me, Dò\, ,,)h~ Nomeo dn""IOffi",¡e, .Jo"D".N%~PcbliC') personally appeared L LL v\ tlli v"--"'" Nom,¡" "I S'g",¡e) -'personally known to me cJ proved to me on the basis of satisfactory evidence ':------"""A~"~ to be the person(¡ij whose name(~is/are 1..-r,Æ:" .JeNNiFcR '. '1".,-;, subscribed to the within instrument and "'/.~ Comm'ssic4:c'.-'5!3 acknowledged to me that he/sfle1tIiëy executed tI~;;f~j~~1;~~;;i the same in his/heffltTéir authorized capacity~ and that by his/~r signature\8fon the instrument the person(~ or the entity upon behalf of which the person(§,) acted, executed the instrument WITNESS my hand and off)çial seal. ( J r) " ~)'IL/I\{I-' );t',/ì¿l Plo,e No/"y Seel AM., - S'g'olc,,"INolo~PcblK OPT/ONAL Though the ,"formation below IS not required by law, it may prove valuable to persons relying on the document and could prevent 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 Signer's Name c' Individual . Top 01 !hemb bete - Corporate Officer - Tltle(s) - Partner - Limited General Attorney in Fact - Trustee Guardian or Conservator Other: Signer Is Representing: ,""'N""",'N""0,,",",,,,"",,"'&OO,50"'," PO 6",,"',0'00.0,,"' "Y"""""""'","""",,"","OO, Pmd.N" 56O) p"""o""",'""""",.",, .,:J "'" '. GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTEO ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organizeD under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in.Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)'ìn-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile' signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relafing to such bonds to which fhey are attached!' Gulf Insurance Company does hereby make, constitute and appoint Caroline L. Brown David L. Johnson Stephen T. Kazmer James I. Moore / ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF NEVADA ) ss County of Clark ) On this ~ day of Janumy , ~,before me a eared Caroline L. Brown to m~ per~onal1y known, w~o bP~ b e duly sworn did say that he is the aforesald offlcer or attorney ln eUlg y m, a corporation; that the seal fact of the GULF INSURANCE COMPANY f'd t' affixed to the foregoing instrument is the corporate seal 0 sa~ corpora ~on. and that said instrument was signed and sealed in behalf of Bald corporatlon ?y; the aforesaid officer, by authority of its Board of Directors; and the a!°resald officer acknowledged said instrument to be the free act and deed of Bald corpora- tion. My Commiuion Expire October 2nd , Commission Expires February Í6. 2003 I, the undersigned, Senior Vice President of the Golf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the loregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the CUy of New York. Dated the 28th day of January ,2002 ./~( ~~ r-' George Bianeardi Senior Vice President RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "I", CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement which addresses several outstanding conditions of the tentative map. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve the Final Map Supplemental Subdivision Improvement Agreement for San Miguel Ranch Planning Area "I", Chula vista Tract No. 99-04, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized to execute said Agreement on behalf of the City of Chula vista. Presented by Approved as to form by ;ç: l' v~~ John P. Lippitt John. Kaheny Director of Public Works City Attorney [JIATTORNEY\RESO\ssia SMR P'"oiog Area' (March29,2002(1110AM)] THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Ú ~ 4l7J1. ~ ;hn M. Kaheny City Attorney Dated: 'I ~ z ~ {J 2.---- S51Pr PI, ~ ~ C (/~~, 19-ó ý" .., RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is ) a conveyance to a public agency ) of less than a fee interest for ) which no cash consideration has ) been paid or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SAN MIGUEL RANCH PLANNING AREA "I" FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Cc;mditions 10, 12, 40, 57, 90, 103, 109, 145, 146, 156, 179, and 187) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _day of_, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and Trimark Pacific - Belrosa, L.L.C., A California Limited Liability Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Attachment "A" attached hereto and incorporated herein ("Property"). The Property commonly known as Planning Area "I" of San Miguel Ranch is within approved Tentative Subdivision Map Chula Vista Tract 99-04, San Miguel Ranch, City Of Chula Vista, California (Resolution No. 2000-068 on February 29, 2000 the "Resolution"). For purposes of this Agreement the term "Project" shall also mean "Property". B. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 99-04 San Miguel Ranch ("Tentative Subdivision Map") for the subdivision of the Property and adjacent land. c. The City has adopted Resolution No. 2000-068 pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. D. The City has adopted Resolution No. 2001-259 pursuant to which it has approved the San Miguel Ranch Phases 1, 2, and 4 Supplemental Subdivision Improvement Agreement - A Map ("Previous Agreement") which touched and concerned the Property. E. City is willing, on the premises, security, terms and conditions herein contained, to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. " Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Developer's successors-in-interest and assignors of any property within the boundaries of the map. This includes Trimark Pacific - Belrosa, L.L.C., A California Limited Liability Company and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement. b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the final map has been recorded. c. "PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on October 19, 1999 and as may be amended from time to time. 2 NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Attachment "A" until released by the mutual consent of the parties. For the purposes of this Agreement the "Developer" shall also mean "Applicant" b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement 3 .... -", ~ as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 10 - (General Preliminary) In satisfaction of Condition No. 10 of the Resolution, the Developer agrees that if any of the terms, covenants or conditions contained herein shall 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 including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame 4 ~ ~ ~ 4. Condition No. 12 - (General Preliminary) In satisfaction of Condition No. 12 of the Resolution, the Developer agrees that the Developer shall indenmify, protect, defend and hold the City harmless from and against any and all claims, 1 iabil i ties and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. Condition No. 40 - (ADA Standards). In satisfaction of Condition No. 40 of the Resolution the Developer agrees that in the event the Federal Government adopts "Americans with Disabilities Act" ("ADA") standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 6. Condition No. 57 - (Sewer and Water). In partial satisfaction of Condition No. 57, the Developer shall guarantee prior to the release of bonds for street improvements that the "Engineer-of-Work" has clearly identified all sewer (8) and water (W) lateral locations prior to the construction of curbs so that the curb face can be stamped with an "8" and "W", for the sewer and water laterals, respectively, and the Developer shall propagate all curb face markings in order to assure that the locations of the said utilities are identifiable. 7. Condition No. 90 - (Building Permits). In partial satisfaction of Condition No. 90, the Developer agrees to the following: a. That the City may withhold building permits for the Property if anyone of the following occur: (i). Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (ii). Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii). The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction 5 4 .~. of City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by Planning Commission, City Council or any approval by its agents, officers or employees with regard to this Property pursuant to Section 664990.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that City of Chula Vista may grant access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. To hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 6 , --,-.--..-..,..-.---<,- 8. Condi tion No. 103 - (DG Walkways free from obstacles). In partial satisfaction of Condition No. 103 of the resolution, the Developer hereby acknowledges and agrees that there shall be no vertical obstacles or any obstructions such as public utility vaults, boxes, etc. placed within the decomposed granite (D. G.) walkways within the Project. In the event of any such obstruction placed within the walkways, Developer agrees to immediately remove such obstructions, upon request of the City. 9. Condition No. 109 - (Open Space Walls). In partial satisfaction of Condition No. 109, the Developer agrees that walls which are located within the open space maintenance district shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. Developer further agrees that these restrictions shall also be reflected in the CC&R's for each lot, and a copy of said restrictions shall be provided to the City for its approval. 10. Condition No. 145 - (Landscape Improvements). In satisfaction of Condition No. 145, prior to the approval of improvement plans for any portion of Planning Area "I", the Developer shall prepare, submi t and obtain the approval of the Director of Planning and Building for landscape planting and irrigation improvements for Lots I-A and OS-3 to the satisfaction of the Director of Planning and Building. 11. Condition No. 146 - (Landscape Improvements). In satisfaction of Condition No. 146, prior to the acceptance of improvements for any portion of Planning Area "I", the Developer shall install landscape planting and irrigation improvements for Lot I-A and OS-3 to the satisfaction of the Director of Planning and Building. 12. Condition No. 156 (Landscaping Plans). In partial satisfaction of Condition No. 156 of the Resolution, Developer shall provide a landscaping plan for the Property, prior to issuance of the first building permit for the Property, showing that all single family residential lots have been designed to accommodate a 5%' X 5%' (30.25 sq. ft.) tree planting area within the street tree easement clear of utility lines, boxes, and similar obstructions. 13. Condition No. 179 (National Pollutant Discharge Elimination System). In partial satisfaction of Condition No. 179 of the Resolution, the Developer shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N. P. D. E. S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. 7 ~ .. J regulations or requirements. Further, the Developer shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with construction Activity and shall implement a Storm Water Pollution Prevention plan (SWPPP) concurrent with the commencement of grading activities. 14. Condition No. 187 (Withhold Building Permits). In partial satisfaction of Condition No. 187 of the Resolution, the Developer acknowledges that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to the satisfaction of the Director of Planning and Building. 15. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 10, 12, 40, 57, 90, 103, 109, 145, 146, 156, 179, and 187, of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the San Miguel Ranch Tentative Map, as may be appropriate. 16. Previous Agreement. It is the intent of the parties that the San Miguel Ranch Planning Area "I" Supplemental Subdivision Improvement Agreement with Trimark Pacific Belrosa, L.L.C., A California Limited Liability Company shall not supersede the Previous Agreement. The terms and conditions of the Previous Agreement remain in full force and effect concerning the Project. 17. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 18. Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 19. Assignablity. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest 8 - ;) --. in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney. 20. Implement Previously Adopted Conditions of Approval Pertinent to Project. The Project shall comply, remain in compliance, and implement the terms, conditions, and provisions, as City determines are applicable to the Property which is the subject matter of this Agreement, of 1) San Miguel Ranch Tentative Tract Map (CVT 99-04), previously approved by City Council Resolution No. 2000-068 on February 29, 2000 and 2) San Miguel Ranch phase I, II, and IV Final Map Supplemental Subdivision Improvement Agreement, which was approved by Resolution No. 2001-259 on August 7, 2001. 21. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U. S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Trimark Pacific - Belrosa, L.L.C., A California Limited Liability Company 85 Argonaut, Suite 205 Aliso Viejo, California 92656 Attn.: Stephen Hester A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter 9 . -------- --.-..- hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and Attachments hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 10 ..-- -- -.----.---. -- [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "I" FINAL MAP] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk APPROVED AS TO FORM: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 11 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "I" FINAL MAP] DEVELOPERS/OWNERS: TRIMARK PACIFIC - Belrosa, L.L.C., A California Limited Liability Company By: TPH LLC, a California limited liability company, Managing Member By: Trimark Ventures, Inc., a California corporation Its Member By: 6M~ Its: vice President 12 .- ._-0'_-.'_0. _.,- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT '~_-<W-"" -<W .Ç<>""'R<'-"" -""-"""""""--'X:Œ == =-<X'~&£.G<' =ÆX' -<W .Ç(r~-"" ÆX' ="'" """.&' """ = £<' """= £<' ==, State of California : County of Oy~ ss. On jl ~ Ii ( 0 2--- , before me~ ~Vt' L.wwl Vìo '-' personally ap~::red 3+t personally known to me [J proved to me on the basis of satisfactory evidence .. BM'ERLWNID to be the person~ whose name!Jl1' is/ó!t1f" ~"1217158 NoI8y Public. CaIIomia subscribed to the within instrument and Orange Counly acknowledged to me that he/~y executed MyComm. ExpiresAprJO,2Q03 the same in his/AefAAeir authorized ~ capacity~, and that by his/lTeT7Uiëïr signature(~ the instrument the person(.ej;-or the entity upon behalf of which the person(S¡-- acted, executed the inslrument. éþ:~"~E~tL-J PIece Nolo~ 5,,1 Abo," OPT/ONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this form to another document Description of Attached Document Title or Type of Document: _m___~ Document Date: -----~ - -- Number of Pages: Signer(s) Other Than Named Above: --- Capacity(ies) Claimed by Signer Signer's Name: -- Individual . Top of thomb heco Corporate Officer - Title(s): ] Partner -I] Limited General Attorney in Fact I Trustee 11 Guardian or Conservator D Other: - - - ------- Signer Is Representing: ---- -- ------.-.-- "I999No"",' """A,,"",,",o"'50 0, 5"oA'O. PO B,,"",'C","w'"".CA9I"m""~W""'CO"C',""g Pm' '" 5907 Ro"',, "IM-Fm, I "".""."", _n__- .---.- ATTACHMENT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALI FORINA , COUNTY OF SAN DIEGO, AND IS DESCREIBED AS FOLLOWS: LOT 8 AND LOT EE OF SAN MIGUEL RANCH 'A' MAP NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14261 RECORDED IN THE OFFICE OF COUNTY RECORDER. C,\Greg's Stuff\SMRlMap-SSIA.doc .O-'._Od-___- .------.---- ---.- RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR SAN MIGUEL RANCH NEIGHBORHOOD "I", ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIV ATE LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS. the grant of easements and maintenance agreement sets forth the master developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the obligation will be assigned to the master homeowner's association (MHOA) after the landscaping has been established and turned over to the MHOA to maintain; and WHEREAS, the "A" map for the project, approved by Council August 7, 2002, contained a similar ab'feement for backbone streets and further agreements wil1 be brought before Council with each subsequent maps for MHOA maintained public property within the subdivision boundary. WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of the aforementioned private improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the grant of easements and maintenance agreement for San Miguel Ranch Neighborhood "1", establishing specific obligations and responsibilities for maintenance of private landscaping within public right-of-way, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City ofChuIa Vista. Presented by Approved as to form by ~j)}1~~ John P. Lippitt Jo . Kaheny Director of Public Works City Attorney 1\,ttomey\"soJIOA SMR Ne;gho,hood I ,.1 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~JìYI (~'# . John M. Kaheny City Attorney Dated: f-.~' 02- (,~ '1 ~7.>~ ~~ ~ ~ ç(Y\ rL f'~r~ ~. ' . RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE RJR RECORDERS USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, SAN MIGUEL RANCH PLANNING AREA "I" Map No (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of ,2002, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and NNP-TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company ("NNP"). RECITALS A. This Agreement concerns and affects certain improvements with portions of the real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as "SanMiguel Ranch", Chula Vista Tract No. 99-04, being the subject of the City Council Resolution No. 2001-261 (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall San Miguel Ranch project, including, but not limited to the "Property." B. NNP is the Declarant under that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL TIAJH\Trim"kISMlCityAgre,IE"M,;n(Oty)Are, I .¡-¡M",hO2.wpd -1- RANCH MASTER ASSOCIATION, a CalifomiaNonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particularproject(s) within San Miguel Ranch, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. e. The Property is or will become covered by the final maps (the "Final Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for NNP to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and NNP entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which NNP agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to NNP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations ofNNP as set forth in Supplemental Subdivision Improvement Agreements, adopted pursmmt to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to NNP and its agents, successors and assigns, the following easements over the MHOAMaintained Public Areas: Non-exclusiveeasements and rights-of-way over and across all Parcels described on Exhibit" A" for the purpose of maintaining, repairing and replacing the following: the landscaping within portions of parkways in Paseo Veracruz, Paseo Los Gatos, Calle La Quinta, Plaza Eva and Plaza Cambria as shown and described on Exhibit "B" attached hereto; These grants are made without any warranties of any kind, express or implied, otherthan the warranty stated in Paragraph 13(f) below. 2. Maintenance Responsibilities. (a) NNP to Initially Maintain. NNP hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance set forth in the Section of the Master Declaration entitled "Level of Landscape Maintenance". For purposes T,WH\Trim"kISMlCityAg",elE"Main(City)Ac"" ¡ .¡.IMa"hO2.wpd -2- of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of City. (b) Transfer to MHOA. Upon NNP's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, NNP shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, NNP does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assil!nment bv NNP and Release of NNP (a) Assignment. Upon NNP's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release NNP from its obligations only if all of the following occur: (i) MHOA Accepts Obligation. The MHOA has unconditionally accepted and assumed all ofNNP's obligations underthis Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of NNP under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confirm that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Master Declaration. This condition "(ii)" BAJmTrim",k\';M\CityAgmolE"M,in(City)^", J .1.lM",hOhpd -3- will apply to any further amendments which require City's consent pursuant to provisions of the Master Declaration or which would be contrary to the terms of this Agreement. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofNNP's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: "(a) GeneraI Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership oruse ofthe Master Association Property, The limits of such insurance shall not be less than $3 Million covering all claims fordeath,personal injury and property damage arising out of a single occulTence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occulTences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross- suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability'." The MHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. BAJIIITrimm'SMlCityAgreelEa,Main(Gty)^", I .1. IMan:hO2.wpd -4- .. --.---.u..--.,-. ._- . -.---,. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, NNP shall be released from its obligations under this Agreement, including its security and insurance requirements. NNP acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, NNP shaH give a notice to the City of NNP's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. AssÏ!roment by MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all ofthe MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). nAnI\Trim"'k\$M\CityAg"clE"M,;n(City)Area I ..IMMchO2.wpd -5- _.- 5. NNP's Insurance. Until such time as the MHOA has obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, NNP hereby agrees to procure and maintain a policy of comprehensi ve general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single limit, at its sole cost and expense. 6. Indemnity. NNP hereby indemnifies the City as set forth in Section 6.3 of the Master Declaration, which reads as follows: "6.3 Indemnitv. The Declarant and Master Association, respectively, shall indemnify and hold the City, its officers, agents and employees harmless from any liability, cost or expense, including reasonably incurred attorneys 'fees, which result 1T0m the Declarant's or the Master Association's respective failure to comply with the requirements of the Section above entitled "Continuing Obligation To Maintain Certain Public Areas". Neither the Declarant nor the Master Association shall have any liability under this Section by reason of (i) the other party's failure to maintain or (ii) any Transferee's failure to maintain. It is specifically intended that the City shall have the right to enforce this Section. This Section may not be amended without the written consent of the City Planning Director or City Attorney." 7. Indemnitv If Transferee. The document whereby the MHOA transfers a Maintenance obligation to an SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The [Transferees name] shall indemnify and hold the City, its officers, agents and employees, harmless from any liability, cost or expense, including reasonably incurred attorneys'fees, which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Planning Director or City Attorney. 8. Al!reement Aoplicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon NNP and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance T,WH\Trim",k\SMlCityAgre,"",Main(City)Are. I -¡.¡M""hO2.wpd -6- 0.- '_.0.'_- --- -'- obligations to theMHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. (b) Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. GovernineLaw. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recordinl!:. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 13. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first -class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. BAJH\T,imMklSM\CityAg",\Ea,M,in(City)^", I .I.IM",hO2.wpd -7- .-.--..-- If To City: CITY OF CHULA VISTA Department of Public WorksÆngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer IfToNNP: NNP- TRIMARK SAN MIGUEL RANCH, LLC The San Miguel Ranch Company 85 Argonaut, Suite 205 Aliso Viejo, CA 92656 Attn: Mr. Stephen E. Hester (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) EntireAgreement. This Agreement, together with any other written document refeITed to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, NNP, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (t) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. T'WHlTrim,""ISMlCilyAgreelE"Maòn(Œy)Area I -1.1 M",h02.wpd -8- / 'P . -.- -...--.--.- ..---- -- (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such tenn, covenant or condition to person or circumstance, shall not be affected thereby and each tenn, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: City Attorney NNP- TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company By Its By Its ROBERT B. MclEOD PRESIDENT BAJH\Trim,"<lSM\CityAgre,IE"M,;n(Cityl^,'" I .1.1 Mmh02.wpd -9- ...---. '.-.-."- STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On !>!-zO 10'7../ '~beforeme,~hV\~v l vV~vúl Notary Public in and for said State, personally appeared ~~¡...¿ "- ý 4.Ç}c......- personally known to me (or provprl fa me 6ft the; basis of 5.rt;sfACtßI'} e. iåeHee} to be the person~ whose name1fis~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in hisfberi!!íëlr authorized capacity(j.eS'), and that by hislherltlreir signatureÇsYon the instrument, the person(g), or the entity upon behalf of which the person¥acted, executed the mstrument. WITNESS my hand and official seal. I ~ - - - - - - ~ - - - - f ~ JENNlFERLWARO - ~ Commil8lon'1217758 I 8""'.4".V\ ,1 j. ðV{!J\&- - - - ,~~.,¡ (S~1) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On )8- ~ ,200;:)-., before me, Ul- G;f2ø(II¡/t.J Notary Public in and for said State, personally appeared nobert ø.1IcIMd ~ -.------ .-- -- personally known to me (or proved to me OR the basis of smisfftCtm) e.idcncc) to be the person~ whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/sheftlrey executed the same in his/hefhReiT authorized capacity(i~), and that by his/heffthcir signature~) on the instrument, the person4'), or the entity upon behalf of which the person(-r) acted, executed the instrument. 00";":0 = 0"::1 ~ =:; c c~:.= CoO WITNESS my hand and official seal. I ~ROMAN I . _.fI298781 ~ ~ NOTARY PUBloc.<:AllFORIM ~ I ~ I ,..,g:",o::,o=-I S;g","'re :;I( - - (Solli) BAJH\TrimMklSM\CityAgreelE..M,;n(Œy)Areo 1 .1.1 MMChO2.wpd -10- EXHIBIT "A" Lel:al Description BAJH\Trimarl<\SM\CityAgæolE..M,in(City)Are, I -1.IM=hO2.wpd .:ø¡ _.----~ -. .--..,. ..-- EXHIBIT "Au LEGAL DESCRIPTION PARCEL A-1: PORTIONS OF PASEO VERACRUZ AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "I", ACCORDING TO MAP THEREOF NO. - FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON _,200- BEING A SUBDIVISION OF LOT 8 OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASES 1, 2, & 4 "A" MAP NO.1, ACCORDING TO MAP THEREOF NO. 14261 FILED IN SAID OFFICE OF THE COUNTY RECORDER ON AUGUST 21, 2001, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PARCEL A-2: PORTIONS OF PASEO LOS GATOS AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "I", ACCORDING TO MAP THEREOF NO. - FILED IN SAID OFFICE OF THE COUNTY RECORDER ON _ ,200 - BEING A SUBDIVISION OF SAID LOT 8 OF MAP NO. 14261. PARCEL A-3: PORTIONS OF CALLE LA QUINTA AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PLANNING AREA "I", ACCORDING TO MAP THEREOF NO. - FILED IN SAID OFFICE OF THE COUNTY RECORDER ON _,200- BEING A SUBDIVISION OF SAID LOT 8 OF MAP NO. 14261. PARCEL A-4: PORTIONS OF PlAZA EVA AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT N9. 99-04, SAN MIGUEL RANCH PLANNING AREA "I", ACCORDING TO MAP THEREOF NO. - FILED IN SAID OFFICE OF THE COUNTY RECORDER ON _ ,200 - BEINGA SUBDIVISION OF SAID LOT 8 OF MAP NO. 14261. PARCEL A-S: PORTIONS OF PlAZA CAMBRIA AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 99- 04, SAN MIGUEL RANCH PLANNING AREA "I", ACCORDING TO MAP THEREOF NO. - FILED IN SAID OFFICE OF THE COUNTY RECORDER ON _,200- BEING A SUBDIVISION OF SAID LOT 8 OF MAP NO. 14261. PAGE 1 OF 1 DV M:\2091\014\Legal DescriptionslA01 ESMT & LlC AGREE Ldoc WO 2091-0014 218102 ......------ -..-..- EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained T,WII\TrimmlSM\C;tyAgreelE"M,in(City)Are.¡ .1.IMoreh02.wpd ..-..-.-....-. .---.- " ; I r r r r I r r I r r I C1 ê t""' :> ~ rì (/) ;:S ~ ~ r'l :I:(/) -ll,.ooz-., '3WOS gJ ~ ~ ..-j..-j ~ Õ ~ ~. III. I: ~ ~ ~ Irl :~;¡:; 0 - " :~2 ~ . :~~ ~ Ilr ~g~ b .)::;.:0 .¡:::. I "~ : Rr\0249\Exhibits\City Maint Exhibits\!\! -l.dwg - __n__- -'----.---' ----- \\ \\ ~/ ~/ / \\ . /'>' (~/ // \\ \\~:;:::~~<;;;;/// 1/ ~ // ~ (\9\'/1 /ê.~/ - "Ô ,/ /~ "O~ ~~~~:~;~=,,~~\ (1 IIi. ~ > ~ <: rs ;~:I: fZI - !J ¡~~ ~ fZI -ll r;;;:;-~YOs tr1 ...., Igr :~¡;; tr1 > b; ;;;:~ ...., ...., f"~ N~ ~ 0(1 '"r:I...., ~ 'I NZ "' 9 "' \0 \0 I I 0 I .þ. R:\0249\Exhibits\City Mo.int Exhibits\!\! -2.dwg EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways shown on Exhibit Landscaping in parkways Maintenance of curb, gutter, "B" including irrigation, trimming sidewalks and pavement. and pruning of trees, and maintenance and irrigation of turf areas. ToIAJH\TrimmlSM\CityAgre,IE"M.in(C;ty)Are, ¡.¡.¡M,rehO2.wpd u_..-.------------ _..--_. COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 4/9/02 ITEM TITLE: Resolution Accepting Bids and Awarding Contract for the "Drainage Improvements Tobias Drive/Glenhaven Way Phase II in the City of Chw" Vi"'- CA (DR. 127 A), SUBMITTED BY: Director of Public Work~ ' REVIEWED BY: (;f City Manager{,.¡ 17¡1- (4/5ths Vote: Yes__No.>9 On February 6, 2002, the Director of Public Works received sealed bids for the "Drainage Improvements Tobias Drive/Glenhaven Way Phase II in the City ofChula Vista, CA (DR-l 27A)" Project. The work to be done involves the construction of drainage facilities, including a reinforced concrete box culvert, concrete headwall, rip rap energy dissipator, storm drain inlet and cleanout, transition structure, and asphalt concrete berm on Glenhaven Way in the City ofChula Vista, Ca. The work also includes all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary to construct the project in accordance with City standards. RECOMMENDATION: That Council Accept Bids and Award the Contract for the "Drainage Improvements Tobias Drive/Glenhaven Way Phase II in the City ofChula Vista, CA (DR-l 27A)" Project to T.M. Engineering, in the amount of$248,520.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project provides for the construction of drainage facilities to replace existing 72"x 44" and 36" corrugated metal pipes. The existing corrugated metal pipes are corroding and in need of replacement. Funds for this project were budgeted in the FY 2001-2002 Capital Improvements Program (CIP) Budget for the drainage improvements on Glenhaven Way. The general scope of the project involves the construction of drainage facilities including a reinforced concrete box culvert, concrete headwall, rip rap energy dissipator, storm drain inlet and cleanout, transition structure, and asphalt concrete berm on Glenhaven Way. The work also includes all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary for the project. Engineering staff prepared plans, specifications, and advertised the project. Staff received and opened bids on February 6, 2002. 7-/ --- -- -."..--.--.--- ----.---.-- --- Page 2, L Meeting Date 4/9/02 The City received bids 1T0m eleven contractors as follows: CONTRACTOR BID AMOUNT I. T.M. Engineering - Tarzana, California. $248,520.00 2. Jimenez, Inc., DBA MJC Const.-Chula Vista, California $254,784.00 3 Dietrich Construction - El Cajon, California. $294,717.00 4. Rutledge, Inc. - Lemon Grove, California $315,039.00 5. Scheidel Contracting, Inc. - La Mesa, California. $315,490.00 6. Cass Construction - El Cajon, California. $324,614.00 7. Tri-Group Construction - Poway, California. $330,000.00 8. Arrieta Construction - El Cajon, California. $346,349.00 9. 3-D Enterprises - San Diego, California. $357,400.00 10. Kirk Paving - Lakeside, California. $361,500.00 II. Single Eagle DBA Concrete Contractors - Poway, $444,091.00 California. The low bid by T.M. Engineering is above the Engineer's estimate of$244,500.00 by $4,020.00 or approximately 2%. Staffs bid estimate was based on average prices for similar type of work completed during the last two years. Engineering staff checked the references provided by the contractor. All references were verified and the Contractor's work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract to T.M. Engineering of Tarzana, California. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Judith Atwood, Community Development Specialist, has reviewed the bid documents submitted by the three (3) lowest bidders. Her conclusion is that the prime contractor, T.M. Engineering, Inc. has attempted to meet the MBE goals and has submitted the required MBE Certification to the Housing Division for LC. Paving & Sealing. (See Exhibit A) Staff also reviewed TM Engineering eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. T.M. Engineering is not listed as exc1uded 1T0m Federal Procurement Programs (list of parties excluded 1T0m Federal procurement or non-procurement programs as of March 24, 2001). 7-2- - .----. -.-- .------. Page 3, L Meeting Date 4/9/02 Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Exhibit B. Environmental Status A Negative Declaration (IS-99-04) pursuant to California Environmental Quality Act (CEQA) requirements was prepared by the Environmental Review Coordinator. Based on the findings ofIS- 99-04, the project will not have a significant adverse effect on the environment and wildlife resources as defined in Section 71 1.2 of the Fish and Game Code. A Filing of Notice of Determination in compliance with Section 21108 or Section 21152 ofthe Public Resources Code has been filed and recorded with the Office of the County Clerk, San Diego. Wage Statement The source of funding for this project is Community Development Block Grant Funds (CDBG). Based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. Prevailing wage scales are determined by the Federal Department of Labor. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $248,520 B. Contingencies (15%) $37,278 C. Staff Costs (Design & Inspection) $40,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $325,798 FUNDS AVAILABLE FOR CONSTRUCTION A. Community Development Block Grant $325,798 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $325,798 Upon completion of the project, the improvements will require only routine City drainage maintenance. Attachments: Exhibit A - Minority Bnsiness Enterprise Review Exhibit B - Contractor's Disclosure Statement F;l, No. 0735-1Q-DR-127A nEng;""cIAGENDA\DRI27A-AI13CM.doc 7-3 0.1/25 ¡ 2002 15: 19 FAX 16193976250 CITY OF CV 141007 ..s- f f? Community Development Department -=--- City OfChula Vista ~ :;:: 276 Fourth Avenue MEMO CIlula Vista, Ca 91910 CllY OF 619.585.5722 - 619.585.5598 Fa. CHUIA VISTA ovCOlTldev@cI.chuia-vista.C3.us Tuesday, February 19.2002 TO: Cesar Magbuhat, Assistant Engineer /I FROM: Judith Atwood, Senior Community Development Specialist RE: Minority Business Enterprise Review of DR.127A I have reviewed the lowest bid estimate from T.M. Engineering, Inc and have determined that, as the prime contractor, TM. Engineering, Inc. has attempted to meet the MBE goals and has submitted the required MBE Certification to the Housing Division for L.C. Paving & Sealing. If you should have any questions regarding this memorandum, please call me at extension 5036. ..-------.----- --.--- ~U:J".) ::00:: l::::JJ F,u. H19.J97tiZ50 ClTY OF CV I{!] OOZ , . THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to .Council Policy 101-0 I, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies oflhe City, a statement of wscloSW'e ofcertain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: L List the names of all persons having a financjal mt=st m the property that is the oubject of the appJication or rhe contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 11"1 £NG'NE..~I...(~ M E.lt..1<û r:;:,..¡ 61 ,.J~E.Iã'" G I we. C'D ~A 1"'¡C. 2. If any persona identified purslUU1t to (I) above is a cotporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) ennty- TM ~G'N~EiùNG t1 Elb.- D :õ.N.6r NIG.¡¡,õ.R.UJc" !IJe C Of. 1'\ ,"'¡C. 3. If any person" identified purSuanT to (I) above is a non-profit organization or trust, list the names of any person serving as director of tI:1e non-profit organization Dr as trustee or beneficiary or trustor of the trust. . 4. Please identify every person, including any agents, employees, consu!tants, orindcpcndcnt con1t3ctors you have assigned to represenT }'DU before the City in this matter.. - MATí /Vl~ Th~ 1 TõN:Y ù-"'GH I GH ",..,J 47 [----_. J :\Eng; nccnADMIN\CONffiACT\IJR I 27H1JD.do<: un__--_. om"" .-_. --..-. ~5'2002 12:.34 FAX 16193976250 CITY OF CV I4J 003 5. Has any person. associated with this con1racthad any financial dealings with ~cial" of the City of Chula Vista as it relateS to this conmct within the past 12 months? Yes_No- 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 ~the past twelve (12) months to a current member of the Chula Vista City Council? Yes_No 1fYes, which CoWlcil member? 7. Have you or my member of }'OW" govc::ming board (i.e. COIpORte Board of DirectonlExeculìves, non-profit Board of Direclors made contributions totaling more th~OOO over the past four (4) ycaIS 10 a cum:nt member of the Chul.a Vista City Council? Yes_No If Yes, which Council member? 8- Have you provided more than $300 (or an item of equivalent value) to an official"" of the City of Chula Vista in the past twelve (12) mon~/s includes being a source ofincomc, money to retire a legal deht, gift, loan, etc.) Yes - No 1fYes, which official.. and what was the nature of item provided? .1 Date:_~ I I fb- ~~~ Signature ofConmctorl Applicant J. T'f.II E:f...ÍC:I~:¡;e:te.[tJ b Print or type name ofContractor/Applicant " P=on is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraœmal organization, corporation, estate, trust, receiver, syoclieare, any other COWlty, city, municipality, district, or other political subdivision, -<>r any other group or combination s.clÎng as a unit. - .. Official includes, but is not limited to: Mayor, Couneil mcmbc:r, Planning commissioner, Member of a board, conunìssion, or committee of.the City, employee, or staffmcmbcrs. 4a J :\Engi" ..,\ADMINICON'IltA CT\DR 21HUD .doc ---,._----- -. - ...-- .- --"'-- RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "DRAINGAGE IMPROVEMENTS, TOBIAS DRIVE/GLENHAVEN WAY PHASE II IN THE CITY OF CHULA VISTA, CA (DR-127A)" PROJECT WHEREAS, on February 6, 2002, the Director of Public Works received the following eleven sealed bids for the "Drainage Improvements, Tobias Drive/Glenhaven Way Phase II, in the city of Chula vista, CA (DR-127A)" project: Contractor Base Bid Amount T. M. Engineering-Tarzana, Ca. $248,520.00 Jimenez, Inc., DBA MJC Const.-Chula Vista, Ca.. $254,784.00 Dietrich Construction-El Cajon, Ca. $294,717.00 Rutledge, Inc.-Lemon Grove, Ca. $315,039.00 Scheidel Contracting, Inc.-La Mesa, Ca. $315,490.00 Cass Construction-EI Cajon, Ca. $324,614.00 Tri-Group Construction-Poway, Ca. $330,000.00 Arrieta Construction-EI Cajon, Ca. $346,349.00 3-D Enterprises-San Diego, Ca. $357,400.00 Kirk Paving, Lakeside, Ca. $361,500.00 Single Eagle DBA Concrete Contractors-Poway, $444,091.00 Ca. WHEREAS, the low bid submitted by T. M. Engineering is above the Engineer's estimate of $244,500.00 by $4,020.00 or approximately 2%; and WHEREAS, Engineering staff checked the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to T. M. Engineering of Tarzana, California, in the amount of $248,520.00. WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications; and I . ~_.._-_._--_._--"- - . --".------. WHEREAS, the Environmental Review Coordinator has reviewed the work involved in the project and has determined that the proj ect is exempt under Section 15301, Class l(c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula Vista does hereby accept bids and award the contract for the "Drainage Improvements Tobias Drive/Glenhaven Way Phase II in the City of Chula Vista, CA. (DR-127A)" Project to T. M. Engineering in the amount of $248,520.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. Presented by Approved as to form by ])c;w;.J "7. ~ r-c¡(... John P. Lippitt John M. Kaheny Director of Public Works City Attorney IH.\HOMC\ATTORNEY\RCSO\ ocainege 'mp,ooemo",e Tob,ce dd'" IM,"oh n. 20OC l3,ePMI] 2 '" COUNCIL AGENDA STATEMENT Item '3 Meeting Date 4/9/2002 ITEM TITLE: Resolution Rejecting bids for "H" Street Reconstruction, 1-5 to Broadway in the City of Chula Vista, California (STM-334)" Project SUBMITTED BY: Director of Publ:C wor~~ REVIEWED BY: City Manage~~íL' (4/5ths Vote: Yes - No-.XJ {" At 2:00 p.m. on Wednesday, March 13, 2002, the Director of Public Works received sealed bids for the "H" Street Reconstruction, 1-5 to Broadway in the City of Chula Vista, California (STM- 334)" project. The work to be done consists of reconstruction of the existing pavement and installing landscaping along" H" Street 1T0m approximately the Interstate 5 Freeway to Broadway. The work includes all labor, material, equipment, transportation and traffic control necessary for the project. RECOMMENDATION: That Council reject the bids received for the project due to bid deficiencies and direct the Director of Public Works to re-advertise the project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY2001 CIP Budget is a project for the reconstruction of "H" Street between Broadway and 1-5. The project also includes landscaping, irrigation, and beautification elements. The improvements will include the total reconstruction of the road with Portland cement concrete pavement, traffic signal modification at Woodlawn Avenue and "H" Street, minor drainage improvements, installation of irrigation systems, landscaping, colored concrete medians and crosswalks, and other miscellaneous items of work. Engineering staff prepared plans and specifications and advertised the project. Staff received and opened bids on March 13,2002. The City received bids from seven contractors. Bid deficiencies in nearly all of the submittals were found by Engineering staff at the bid opening and during subsequent review of the bid packages. Deficiencies in the bid packages primarily included: a. Failing to completely fill-in the Bid Proposal table. b. Failing to sign the proposal. ¡-j ,---- .- ----.,-----..-.-- ._-- .- Page 2, Item f Meeting Date 4/9/2002 c. Arithmetic errors in bid proposals that resulted in discrepancies with base bid grand totals. d. Incorrect unit cost entries in bid proposals that resulted in incorrect item total. In consultation with the City Attorney's Office, it was determined that the widespread bid deficiencies compromised the integrity of the bid packages and that said bid packages should be rejected. In addition, Engineering staff feels that an addendum to the bid specifications should be issued to clarify items in the original specifications and plans set. If the City Council approves the proposed resolution, new bids will be received on April 17, thus delaying the start of the project only three weeks. It should be noted that, even with this delay, the project should be substantially completed in November 2002. Therefore, based on the above stated reasons, staff recommends that all bids received for the "H" Street Reconstruction, 1-5 to Broadway in the City ofChula Vista, California (STM -334)" project be rejected by City Council. FISCAL IMPACT: There will be minor staff costs to re-bid the project. J, IEnginee,IAGENDA ISTM334 - A 113- Rejw- Bids.doc ----- -. --- _.___n_____.-. --- RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "H" STREET RECONSTRUCTION, 1-5 TO BROADWAY IN THE CITY OF CHULA VISTA, CALIFORNIA (STM-334)" PROJECT WHEREAS, at 2:00 p.m. on March 13, 2002, the Director of Public Works received seven sealed bids for the "H" Street Reconstruction, 1-5 to Broadway in the City of Chula Vista, California (STM-334) project; and WHEREAS, bid deficiencies in nearly all of the submittals were found by Engineering staff at the bid opening and during subsequent review of the bid packages; and WHEREAS, deficiencies in the bid packages primarily included: (a) failing to completely fill-in the bid proposal table (b) failing to sign the proposal (c) arithmetic errors in bid proposals that resulted in discrepancies with base bid grand totals and (d) incorrect unit cost entries in bid proposals that resulted in incorrect item total; and WHEREAS, in consultation with the City Attorney's office, it was determined that the widespread bid deficiencies compromised the integrity of the bid packages and that said bid packages should be rejected. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby reject bids for "H Street Reconstruction, 1-5 to Broadway in the City of Chula Vista, California due to bid deficiencies. BE IT FURTHER RESOLVED that the Director of Public Works is hereby directed to re-advertise the project. Presented by Approved as to form by \klf ~ John P. Lippitt John¥. Kaheny ~ Director of Public Works CtWAttorney v J\"tlo""y\æw\b,, "iec' H 5'"" ~ .' COUNCIL AGENDA STATEMENT Item cr Meeting Date 4/9/02 ITEM TITLE: Resolution Approving a Cooperative Agreement with the State of California Department of Transportation regarding design and right- of-way activities undertaken by the City of Chula Vista on the 1- 80510lympic Parkway-Orange Avenue Interchange and authorizing the Mayor to execute said agreement SUBMITTED BY: Director ofPubl~c Work~ ~ REVIEWED BY: City Manager G ("'"'a.- (4/5ths Vote: - No l) ç;.; j) \ The State of California Department of Transportation (Caltrans) provides oversight on design and right-of-way activities undertaken by the City in connection with the widening of the Orange AvenuelOlympic Parkway interchange with I-80S. In order for Caltran's staff to continue to process our plans a Cooperative Agreement which sets out each agency's responsibilities is needed. RECOMMENDATION: That the City Council approve the cooperative agreement with the State of California Department of Transportation regarding design and right-of-way activities undertaken by the City on the I-805/0lympic Parkway-Orange Avenue interchange and authorize the Mayor to execute said agreement. BOARDS/COMMISSION: None. DISCUSSION: In order for Caltrans to provide quality assurance activities on design and right-of-way efforts undertaken by the City that include interchange modifications to increase capacity, and installation of noise barriers, on Interstate 805 at the Olympic ParkwaylOrange Avenue interchange, Caltrans requires a cooperative agreement. Under the agreement Caltrans will provide those services at no cost, but the agreement is required in order to create their project account under which Caltrans will be able to charge their expenses. The agreement specifies the responsibilities of both agencies in regard to completing the project design process and right-of-way acquisition. In general, the City is responsible for funding all preliminary and design engineering necessary to complete the bid package, environmental documentation, acquisition of all necessary right-of-way, and doing so in accordance with State procedures. All of the items which become the City's responsibility under the agreement are already being undertaken by either the City or by Rick Engineering under contract to the City. Rick Engineering's contract has previously been approved by City Council and is being paid for under CIP project STM328, Olympic Parkway/I-805 Interchange to Brandywine. The State is required to provide quality assurance activities and, upon proper application, to issue encroachment permits for the City or our consultants to enter onto State right-of-way to perform investigative work, all at no cost to the City. The agreement also provides that the contract may be terminated, altered, changed, or amended by mutual consent. -.-. --- Page 2, Item í Meeting Date 04/09/02 As indicated, this agreement is solely for oversight activities related to design and right-of-way activities. In order for the City to proceed to construction a cooperative agreement for construction activities will be brought before the City Council in the future. This agreement does not bind the City to any construction expenditures. The Environmental Review Coordinator 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 l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. This determination is predicated on Section 15004 of the Guidelines with respect to the appropriate timing for environmental review. Environmental review in accordance with the provisions of CEQA will be required prior to project construction. FISCAL IMPACT: This agreement does not specifically bind the City to any expenditures which the City would not otherwise be required to make in order to complete the design and right-of-way acquisition for the subject project. The City's design and right of way activities are being paid for under CIP project STM328, Olympic Parkway/I-805 Interchange to Brandywine utilizing TDIF funds. Attachments: Cooperative Agreement File: 073S-l0-STM328; Ol40-30-L YOn J:lengineer\aGENDA 1180S-Oly Pkwy coop agmntl.doc .---- RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING DESIGN AND RIGHT-OF- WAY ACTIVITIES UNDERTAKEN BY THE CITY OF CHULA VISTA ON THE I-80S/OLYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the State of California Department of Transportation (Cal trans) provides oversight on design and right- of-way activities undertaken by the City in connection with the widening of the Orange Avenue/Olympic Parkway interchange with I- 805; and WHEREAS, in order for Caltrans' staff to continue to process City plans, a Cooperative Agreement which sets out each agency's responsibilities is needed. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Cooperative Agreement with the State of California Department of Transportation regarding design and right-of-way activities undertaken by the city of Chula vista on the I-80S/Olympic Parkway-Orange Avenue Interchange, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized to execute said Agreement on behalf of the city of Chula vista. Presented by Approved as to form by ¡?p1!rdìJ{ ~~ John P. Lippitt John M. Kaheny Director of Public Works city Attorney [JIATTORNEYIRESOICoop","" Agceemem w/,!,!e (Mooch 28, 2002 (337PM)] 1 ,,-,., ".._.,-,_..,_._,._-,-- m_,- ,.. .___d_.__'_-.. THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORM ALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~W~ <~~ U John M. Kaheny City Attorney Dated: 1'-- J -0 2-- ~ ~~.--r l-~ ~--- ~ rLo - ((-P2-32- < - - .____m_____- -----.-,.-----...-.--.-.-- ll-SD-805 PM 3.7/5.0 KP 5.9/8.1 EAII-156580 Agreement No. 11-8232 805/0range Avenue IIC COOPERATIVE AGREEMENT This AGREEMENT entered into on , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF CHULA VISTA, a municipal corporation of the State of California, referred to herein as' "CITY". RECITALS I. STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of Chula Vista. 2. CITY desires State highway improvements consisting of combining two sub-projects that include interchange modifications to increase capacity to accommodate projected 2020 traffic volumes and installation of noise barriers on Interstate 805 at Orange Avenue, referred to herein as "PROJECT", and will fund one hundred percent (100%) of preliminary engineering costs, except for STATE's quality assurance activities of environmental, design and right of way activities, which will be provided at no cost to CITY. 3. This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. 4. Construction of said PROJECT will be the subject of a separate future agreement. I .- - . .-- ~.__._......_.-..- ----. Agreement 11-8232 5. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed and financed. SECTION I CITY AGREES: 1. To fund one hundred percent (100%) of all preliminary and design engineering costs, except for the cost of quality assurance activities of said preliminary and design engineering, which will be provided by STATE at no cost to CITY. 2. To have a Project Report (PR) including all necessary environmental documentation (ED), and detailed Plans, Specifications, and Estimate (PS&E) prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PRIED and the final plans and specifications for PROJECT shall be signed by a Civil Engineer registered in the State of California. 3. To permit STATE to monitor and participate in the selection of personnel who will prepare the PRIED, conduct environmental studies and obtain approval for PROJECT, prepare the PS&E, and provide the right of way engineering services, and to permit STATE to oversee the performance of right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with the scope of work and/or other pertinent criteria. 4. Personnel who prepare the PS&E and right of way maps shall be made reasonably available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and/or to make design revisions for contract change orders. 5. To not use funds from STATE for any support costs for Preliminary Engineering of PROJECT and to not use funds from any Federal-aid program for design or acquisition of rights of way for PROJECT. 6. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of way to perform surveying and other investigative activities required for preparation of the PR, ED, and/or PS&E 2 / .!? -------- ---- - ------.- ..-- Agreement 11-8232 7. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. 8. To identify and locate all high and low risk underground facilities within the area of PROJECT and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way". 9. If any existing public andlor private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work included in the improvement to the State highway and in accordance with CITY's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present or future State highway right of way shall be determined in accordance with STATE's policies and procedures. 10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the State highway right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required State highway encroachment permits. II. CITY shall require any utility owner and/or its contractor performing the protection or relocation work within the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said work. 12. To acquire and furnish all right of way for project, if any, outside of the existing State highway right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's quality assurance activities to insure that the completed work is acceptable for incorporation into the State highway right of way, as further defined in Exhibit E, attached to and made a part of this Agreement. 13. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's Deputy District Director of Right of Way, in all matters related to the acquisition ofright of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 3 ::¡ I Agreement 11-8232 14. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. IS. To deliver to STATE legal title to the right of way by deed, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 16. To be responsible, at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. 17. In the event that CITY, in the process of performance of environmental or design investigative studies, discovers hazardous material sites on existing and proposed State highway right of way, CITY shall immediately notify ST ATE. and responsible control agencies of such discovery. 18. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on CD using a Micro Station SE compatible .dgn format. One copy of the data on the CD, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to modifY the CD requirements and STATE shall provide CITY advance notice of any such modifications. Reimbursement to STATE for cost incurred by STATE to advertise, award and administer the construction contract for PROJECT will be covered in a separate Cooperative Agreement. 19. To obtain, at CITY's expense all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute parts of the cost of PROJECT. 20. All aerial photography and photogrammetric mapping shall conform to STATE's latest standards. 21. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, survey documents to be furnished are three sets of contract 4 , " Agreement 11-8232 prints, with one set showing control, a complete photo index - two prints and a copy of the negative, and the original aerial photography negative. 22. CITY shall provide electronic "As-builts" within thirty (30) days of completion and acceptance of the construction contract for PROJECT in the format stated above in Article 18 of Section I. 23. To provide, at no cost to STATE, survey and mapping services necessary to perpetuate existing land net and alignment monumentation for the project in accordance with Sections 8771 and 8765 of the Business and Professions Code. A Record of Survey Map delineating existing and new or proposed right of way, land net, property boundaries, existing streets or roads, any surveyor's notes resolving material discrepancies, and project control; be prepared in accordance with the Professional Land Surveyors Act, be a true representation of the legal descriptions, delineating all land survey dimensions mentioned in the legal descriptions, show set project control monuments, show set monuments for new right of way, show existing and/or proposed right of way lines, show perpetuation of any existing land net control monuments that may be (were) destroyed during constructions, and be sealed and signed by the surveyor in responsible charge. CITY shall deliver one copy of any field notes, filed Comer Records, and the Record of Survey required for execution of the above obligation, to STATE's District II Survey Branch. The Record of Survey Map is to be recorded with a .county Surveyor's note within 90 days of the project completion. 24. To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps, Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Manual, Chapter 6 - Right of Way Engineering, the State of California Drafting and Plans Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. 25. To have all necessary Right of Way Maps and Documents used to acquire right of way by CITY, prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in "Responsible Charge of Work". 26. To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back-up and reference data prior to preparation of legal descriptions and acquisition documents. 27. Personnel who prepare right of way maps, documents, and related materials shall be made reasonably available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps and Records of Surveys. 5 C; ? Agreement 11-8232 28. To provide a schedule of work for the entire PROJECT. Schedule to include Mylar copies of Right of Way Record Maps and electronic copies in native Micro station format. The specific dates or duration's for each of the major elements as described in Article 2 of Section!, and to include the construction duration. 29. To submit to STATE, final Mylar copies of Right of Way Record Maps and electronic copies in native Micro station format. 30. CITY contact information: Attn: Mr. Cliff Swanson, City Engineer Chula Vista Public Works 276 - 4th Avenue Chula, Vista, CA 91910 SECTION II STATE AGREES: I. At no cost to CITY, to provide quality assurance activities of work on PROJECT done by CITY, including, but not limited to, all design and right of way activities undertaken by CITY or its designee, and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 2. Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of the PR, ED, and/or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. 3. STATE contact: Attn: Mr. Chuck Davis, Project Manger California Department of Transportation P.O. Box 85406 San Diego, CA 92186-5406 (619) 688-3156 6 9 ) Agreement 11-8232 SECTION III MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature to STATE for the purposes of fulfilling STATE's obligations herein. 2. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District II and shall become a part of this Agreement after execution of the amending document by the respective officials of the parties. 3. The Project Study Report (PSR) for PROJECT approved on April 4, 2001, is by this reference, made an express part of this Agreement. 4. The basic design features (as defined in Exhibit A of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and/or FHW A approval of PROJECT. 5. The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE's standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required changes on PROJECT. 6. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 7 ./ Agreement 11-8232 7. Any hazardous material or contamination of an HM-l category found within the existing State highway right of way requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the health and Safety Code, shall be the responsibility of STATE, at STATE expense. For the purpose of this Agreement, hazardous material or contamination of HM-l category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-l manifest and, if STATE determines, in its sole judgement, that STATE's cost for remedy or remedial action is increased due to PROJECT, that additional cost identified by STATE shall be borne by CITY. STATE will exert every effort to fund the remedy or remedial action for which STATE is responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY expense without any subsequent reimbursement by STATE. 8. The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within the existing State highway right of way shall be the responsibility of CITY, at CITY expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement, hazardous material or ~ontamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM-2 storage manifest if PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM-2 material left in place. 9. If hazardous material or contamination of either HM-l or HM-2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, at CITY expense, for all required remedy or remedial action and/or protection and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE in accordance with Article 15 of Section I of this Agreement. The generator of the hazardous material or, if none can be identified or found, the present property owner, whether a private entity or a local public agency, or CITY, as a last resort, shall sign the manifest. 10. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 8 9'-,'~ --.----...- Agreement 11-8232 II. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre- approved by STATE and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 12. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 13. Should any portion of PROJECT be finance~ with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. 14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways and public facilities different from the standard of care imposed by law. 15. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be d',me by CITY under or in counection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 16. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Govemment Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 9 , '-;1'- ~. Agreement 11-8232 17. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. 18. Except as otherwise provided in Article 14 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 31, 2003, whichever is earlier in time. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Transportation JEFF MORALES Director of Transportation By City Manager By Deputy District Director Program/Project Management By Deputy City Attorney Certified as to funds By By District Budget Manager BK~ City Engineer Approved as to form and procedure By Attorney Department of Transportation Certified as to procedure By Accounting Administrator 10 /4 Agreement 11-8232 EXHIBIT A SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various PROJECT devel- opment activities for the proposed improvements consisting of combining two sub-projects that include a revised interchange and noise barriers on Interstate 805 at Orange Avenue. 1. CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for NEPA and a CEQA Responsible Agency. TheJederal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the Environmental Document(s) (ED) to meet the requirements of CEQA and NEPA. The draft and final ED will require STATE's review and approval prior to public circulation. CITY will provide all data for and prepare drafts of the Draft Project Report (DPR) and the Project Report (PR). ST ATE will review and process the reports and request approval of PROJECT and ED by the FHW A. CITY will be responsible for the public hearing process. 2. CITY and STATE concur that the proposal is a Category 4A project as defined in STATE's Project Development Procedures Manual. 3. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to ST ATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by ST ATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 4. ST ATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are attached as Exhibits B through E to this Scope of Work, Exhibit A. These exhibits are intended as a guide to the STATE's and CITY's staff. I - 7 ..... Agreement 11-8232 EXHIBIT B PLANNING PHASE ACTIVITIES RESPONSIBILITY STATE CITY PROJECT ACTIVITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometries and Operational X Analysis 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in X X Accordance with its Procedures Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for X Approval Approve Project Report X 2 -/ :? Agreement 11-8232 EXHIBIT C DESIGN PHASE ACTIVITIES RESPONSIBILITY STATE CITY PROJECT ACTIVITY 1. PRELIMINARY COORDINATION Request I - Phase EA X Field Review of Site X X Provide Geometrics X Approve Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other RJW Maps X Obtain Copies of As-Builts X Send Approved Geometrics to Local Agencies for Review X Revise Approved Geometrics if Required X Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request Permits X Initial Materials & Geotechnical Discussion X Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff X Initial Landscape Design Discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies X Review & Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type X Selection Review & Approve Bridge General Plan & Structure Type X Selection 3 9 /7 Agreement 11-8232 EXHIBIT C RESPONSIBILITY PROJECT ACTIVITY STATE CITY 3. R/W ACQUISITION & UTILITIES Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare RIW Requirements X Prepare RIW and Utility Relocation Cost Estimates X Submit RIW Requirements & Utility Relocation Plans for X Review Review and Comment on RIW Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X Submit Final RIW Requirements for Review & Approval X Fence and Excess Land Review X RIW Layout Review X Approve RIW Requirements X Obtain Title Reports X Complete Appraisals X Review and Approve Appraisals for Setting Just X Compensation Prepare Acquisition Documents X Acquire RIW X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform RIW Clearance Activities X Prepare and Submit Certification ofRlW X Review and Approve Certification ofRlW X 4 .' /' .-----..,-. Agreement 11-8232 EXHIBIT C Transfer R/W to STATE X Approve & Record Title Transfer Documents X Prepare R!W Record Maps X 4. PERFORM RlGHT OF WAY ENGINEERING Retrace & Perpetuate Existing Land Net for R/W X Acquisitions Perform Record Data Search X Perform land net Recovery & Field Ties X Perform Monument Perpetuation Surveys X Prepare & file Perpetuation Documents X Prepare Land Net Map X Prepare Right of Way Maps X Prepare Appraisal Map X Prepare Comparable Sales Map (if required) X Prepare Hardship or Protection Map (if required) X Prepare "Other" Maps X Prepare Acquisition Document X Prepare Deeds X Prepare Resolution of Necessity and Plats X Prepare Deeds Package to Fulfill Contract Obligations X Prepare Utility Legal Description & Plat X Prepare "Other" Deeds & Documents X Perform Revision Initiated by Others X Perform Revision Initiated by Right of Way X Monument the Right of Way & Prepare Monumentation X Maps Perform Right of Way Monumentation Survey X Prepare & File Monumentation Maps X Perform Close Out X Prepare Relinquishment & Vacation Maps X . Prepare Corresponding Documentation X . Prepare CTC Resolution X Prepare Deed Package for Excess Land Transactions X Prepare right of Way Record Map X Review temporary Record Map X Verify & Post Conveyance Docs X 5. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Page 5 :j- ? .----.----.-___'--0_' --..-----. Agreement 11-8232 EXHIBIT C Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometrics X Cross-Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary X Sewer and Adjustment Details Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans & X Submit for Review Review Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping andlor Erosion Control Plans X Review Landscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS&E X Review Draft PS&E X Finalize & Submit PS&E to District X Prepare & Submit Resident Engineering Book X Page 6 9 -c)) Agreement 11-8232 EXHIBITD DEFINITIONS Basic Design Features - A general description of the facility: . Design speed of State highway facility and Local Agency roads and streets. . Number of through lanes, auxiliary lanes and locations of interchanges and separations. . Widths of through lanes, medians, and shoulders for both the State highway facility and local roads and streets. . Need for special features such as sound barriers, transportation system management plans, HOV lanes, bridge widening, ramp metering, etc. See Figure 2-1.3A of State Project Development Procedures Manual for additional discussion of items to be considered as basic design features. Mandatory and Advisory Design Standards - See Index 82.3 of State's Highway Design Manual for the definition and listing of these items. 7 7-, Agreement II-S2~ ------ EXHIBIT E State of California Business, Transportation and Housing Agency Memorandum To : BRICE D. PARIS Date: August 24,2001 Program Manager Right of Way File: ll-SD-805 EA: 156580/234000 KP: 5.9/8.1 From' DEPARTi'YIENT OF 'fRAL'ISPORTATION District 1.J.- Right otWay Anne Marc-Aurele Deputy District Director Right of W ay ~ Subject: Request'to Hear Resolutions of Necessity by the City of Chula Vista In accordance with the Resolution of Necessity Guidelines dated July 24, 2001, District II Right of Way requests your approval to allow the City of Chula Vista to pass Resolutions of Necessity on tbe following SPECIAL FUNDED (EA 156580) and STIr (EA 234000) project in District 11: Interstate 805 / Olympic parkway Interchange. The main project (EA 156580) was combined witb 'the Soundwall project (EA 234000) to allow the projects to be .advertis.ed as one contract. The City of Chula Vista is committed to delivering this project and it is fully supported by the lo'côl co=unity. The project willlIDprove Interstate 805 / Olympic Parkway Interchange from 1.2 KM South to 1.0 KJv! North of the Orange Avenue Overcrossing within th~ City of Chula Vista. The City will also construct a soundwall as part of this project. All Right of Way will be acquired with 100% local funds, Allowing the City of Chula Vista to obtain Resolutions of Necessity will aide the District in meetin£ tight project delivery schedules, as well as providing property owners the convenience of a local ~ forum in'which to be heard. The City of Chula Vista initiated this request, and upon approval, the memo will be made part of the Cooperative Agreement between the Department and City of Chula Vista. Upon your approval, the District will notify the City of Chula Vista that they may hear Resolutions of Necessity requests provided that the City Council passes a resolution with a 4/5 vote agreeing to do so, In addition, compliance with Right of Way policies and procedures, including First and Second Level Reviews, and all other conditions outlined in the memo dated July 24, 2001, shall be a condition of the Department's approval. In consideration of the foregoing, your approval is respectfully requested, Reco=ended for approval: Approved by: By: ÛJMJ ~- CàuuJÁ By: ~ /". ~~ ANNE MARC-AURELE ( BRIC D. PARIS District Division Chief <fOr Program Manager' Right of Way . Right of Way . -,---_., , -----------------' --.---.---- COUNCIL AGENDA STATEMENT Item ~ Meeting Date 4/9102 ITEM TITLE: Resolution Approve the revision of Exhibit A to an agreement with the 'bre or Colifurni, °"""""';""",",,"00 œ""'io, S"" Rook l25. SUBMITTED BY: Director of Public wor~ REVIEWED BY: City ManageCþÝ "'" (4/5ths Vote: - No-.XJ f"D' On October 24, 2000, the City Of Chula Vista approved an agreement with the State of California Department of Transportation (Caltrans) which authorizes work on various City streets which may be affected by the construction of SR-125. Subsequent to approval of the agreement the City annexed the property known as San Miguel Ranch. Caltrans has requested that the City supercede the original Exhibit A with an updated Exhibit which reflects the annexation of that property RECOMMENDATION: That the City Council approve the revision of Exhibit A to an agreement with the State of California Department of Transportation regarding State Route 125. BOARDS/COMMISSION: None. DISCUSSION: In order for Caltrans to acquire right-of-way for, and construct, SR-125, the City and Caltrans entered into an agreement which provides that the City consents to the potential closing or relocation of City streets, construction of trontage streets and other local streets, and other construction affecting the City's streets. The agreement recognizes that the State and CTV have entered into a Development Franchise Agreement authorizing CTV to construct the portion of SR-125 within the City's jurisdiction, but CTV is not a party to the agreement and Caltrans is obligated to insure that when CTV constructs the toll facility that the conditions contained within the agreement are carried out. Under the agreement, the State shall construct the treeway or toll facility, and make changes affecting City streets in accordance with the agreement as shown on Exhibit A. Subsequent to the approval of the agreement by the City Council on October 24, 2000, the City annexed the San Miguel Ranch property. Caltrans has requested that the City supercede the original Exhibit A with updated sheets which include the City's jurisdiction over that property and has requested a fonnal amendment to the original agreement to effectuate the exhibit revision. It is staffs opinion that the City's interests will not be hanned by such an revision since no other provisions of the agreement are affected. The revised portion is shown on Attachment C. A compIete copy of Exhibit A (11 "x52" drawings) is on file with the City Clerk's office and is identified as Exhibit A to Freeway Agreement, Revised 02/08/02 to Reflect Annexation of San Miguel Ranch. The City Attorney's office has approved this process. FISCAL IMPACT: None. Caltrans and/or CTV will pay for all construction contemplated by this agreement unless a separate agreement authorizing City contributions or payments is entered into. Attachments: A. Caltrans Letter dated February 25, 2002 B. October 24, 2000 Agenda Statement C. Drawing showing revised portion of Exhibit A File: 0750-95-HTO03; 0140-30-L yon J:\ENGINEER\AGENDA \ 125AGREEMENT-EXHIBIT-REVISION.DOC RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISION OF EXHIBIT A TO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING STATE ROUTE 125 WHEREAS, on October 24, 2000, the City of Chula vista approved an agreement with the State of California Department of Transportation (Caltrans) which authorizes work on various City streets which may be affected by the construction of SR-125; and WHEREAS, subsequent to approval of the agreement, the City annexed the property known as San Miguel Ranch; and WHEREAS, Caltrans has requested that the city supercede the original Exhibit A with an updated Exhibit which reflects the annexation of the property. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve the revision of Exhibit A to an Agreement with the State of California Department of Transportation regarding State Route 125. Presented by Approved as to form by .~:~ John P. Lippit t l-J M. Kaheny Director of Public Works city Attorney [JIATTORNEYlRESOISR 125 ",I,ed e,hlbll a (Ma"h 28. 2002 ('4?PM)] /,") J..- STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION ANO HOUSING AGENCY GRAY OAVIS. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 /J.TTACHMENT..Å ~::~~ P.O, BOX 85406 SAN DIEGO, CA 92186-5406 &.;= --~ PHONE: 1619) 688-6721 'f(,f.;. ..~~~ FAX: (619) 688-2587 I!f[,¿;,/" ll-SD-125 EA: 232301 February 25, 2002 Cliff Swanson City of Chula Vista _..- .' 276 Fourth Avenue >¡[¡VCr Chula Vista, CA 91901 ~'jl\ L' c"- ~ ' Re: SR-125 South Freeway Agreement Dear Mr. Swanson: It is my understanding that the City of Chula Vista has recently annexed a portion ofthe County of San Diego known as San Miguel Ranch. This annexation changes the limits of the proposed SR-125 South that lie within the City ofChula Vista's boundaries, The Freeway Agreement between Caltrans and the City ofChula Vista has an exhibit attachment (Exhibit A, sheets 1-2) which shows the portions ofthe SR-125 South that are within the boundaries of the City of Chula Vista, Because the City's boundaries have changed, Exhibit A ofthe Freeway Agreement needs to be superceded with a revised exhibit showing the corrected boundaries. Enclosed please find 5 copies ofthe revised Exhibit A, reflecting the annexation of San Miguel Ranch, Please supercede the original Exhibit A with the updated sheets enclosed, If you would like to discuss the above issues in more detail please contact Laurie Berman or Cory Binns at 688-3631 or 688-6758 respectively, Thank you. Sincerely, kw~ Laurie Bennan Project Manager Enclosure c: File .. ~ - - T A(',HMENT _R COl}:\,CIL AGE:'\DA STA TDlENT _ìì Item ?1 ", ' Meeting Date October 24. 2000 - / / \~,> ITEM TITLE: Resolution:;- Approving an agreement with the State of California Depanment of Transportation regarding State Route 125. St;BMITTED BY: Director of pUb~jc Work~ REVIEWED BY: Citv Manager &(L-- (4/Sths Vote: - No-XJ - '" -~. 1.1 The State of California Depamnent of Transportation (Caltrans) and California Transportation Ventures (CTV) have entered into a DeveJopment Franchise Agreement authorizing CTV to construct that portion of State Route 125 (SR-125) within the City of Chula Vista. Before any construction activities can take place, the City and Caltrans must enter into an agreement which authorizes work on various City streets which may be affected by the construction of SR-125. RECOMME!\DATION: That the City Councjj approve the agreement with the State of Caiifornia Depac-;ment of Transportation regarding State Route 125 and authorize the Mayor to sign the agreemem. BOARDS/COMMISSION: None. DISCUSSION: In order for Cai¡:¡-ans to acquire right of way for, and construct, SR-125, an agreement between the City and Calrrans needs to be entered into. The agreement provides that the City consents to the potential closing or relocation of City streets, construction of frontage streets and other local streets, and other construction affecting the CiTY's streets. The agreement recognizes that ¡he State and CTV have entered into a DevelopmeI1t Franchise Agreement authorizing CTV to construct the portion of SR-125 within the City's jurisdiction, but CTV is not a party to the agreement and Caltrans is obligated to insure that when CTV constructs the toll facility that the conditions contained within the agreement are cac'Tied out. under the agreement, the State shan construc¡ the lTeeway or toll facility, and make changes affecting City streets in accordance with the agreement as shown on Exhibit A. The agreement also authorizes Cahrans to acquire all necessary right of way which may be required for City streets. Further. the agreement provides that Calrrans may acquire the right of way in sections or units and that the right of way acquisition and construction shall be carried out at such time and for such units of SR-125 as funds are budgeted.Last, the agreement provides that the City will accept control and maintenance of the relocated or reconstructed City streets upon written notice that the work on those streets has been completed. FISCAL IMPACT: None. Caltrans and/or CTV win pay for all construction contemplated by this agreement unless a separate agreement authorizing City contributions or payments is entered lillO. File: 0750-95-HTOO3: 0140-30~~YO72 /) H:"HOME\ENGfNEEKAGENDA \12'5<¡greementdoc "'" I -. '-, vY> .7.,.',1 r:.~SOLüTION NO. "",, c c . /! I ?3S0LUTION OF THE CITY COUNCIL OF THE CITY OF ::;-,lJT-A VISTA APPROVING AN AGREEMENT WITH THE 5 "I.!tTE OF CÞ..LIFORNIA DEPARTMENT OF ::"-.".NS PORTATI ON REGARDING SR 125, AND A~'THORI ZING THE MAYOR TO EXECUTE SÞ-ID AGREEMENT ¡'::-õ:::REAS, the State of California Department of T::ansporta::ion (Caltrans) and California Transportation Ventures (CTV) ha,'e entered into a Development Franchise Agreement a~thorizin9 CTV to construct that portion of State Route 125 (SR- 1::5) within the City of Chula Vista; and "':-."3REAS, before any construction activities can cake place, the ::ity and Caltrans must enter into an agreemenc Ih'hich =.:.:::horizes ¡'.'ork on various City streets which may be affected by -..- const::::::::ion of SR-125. èJ:)¡'¡', THEREFORE, BE IT RESOL\ŒD the City Council of the Ciëy of Ch::la vista does hereby approve an Agreement with the State o£ Califor=ia Department of Transportation regarding State Rollce 125, a copy of which shall be kept on file in the office o£ ëhe Ci::y Clerk. -- IT FUREER RESOLVED that the Mayor o£ the City :)£ C::::.:la visëa is hereby authorized and directed to execute sa:.ù a;::-eement ::n behalf o£ the City of Chula Vista. ?::-esented :::~. Approved as to £orm by ~~..-Í) '~ :"/ '1o'L., C^::;i.,.-¡ P. k;:;:i.tt JOÌL~UM.UKaheny ~i::-ector c£ ?ublic Works City Þ.ttorney '..,.,J>.E",nORN=y\o.=s:.se '.25 Ag,..meO! wrt, S"". {O,"obe' 1S. 2000 i222pm)j /' j .- -~ -7i ? .----.-----------..--.---.. 1 l-SD-125 KP 3.8112.5 FREEW A Y AGREEMENT THIS AGREEMENT, made and entered into effective this day of , 20 -, by and between the STATE OF CALIFORNIA, acting by and through its Department of Transportation (hereinafter referred to as "STATE"), and the City of Chula Vista (hereinafter referred to as "CITY"), Vv1T!\TESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Transportation Commission on ; and 'WHEREAS, a plan map for such freeway has been prepared showing the proposed p]an of the STATE as jt affects streets of the CITY: NOW, THEREFORE, IT IS AGREED: 1. CITY agrees and consents to the c1osing of CITY streets, relocation of CITY streets, construction of frontage street and other local streets, and other construction affecting CITY streets, all as shown on the plan map marked Exhibit A anached hereto and made a pan hereof by this reference. 2. STATE shall, in construction of the freeway and at STATE'S direction and expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit A and as provided in the Development Franchise Agreement between California Transportation Ventures, Inc (CTV). 3. STATE agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alteration of these affected CITY Slreets, frontage roads, and other local slreets, and CITY hereby authorizes ST ATE and CTV to acquire in its behalf all such necessary right of way as provided in the Development Franchise Agreement with CTV. 4. It is understood between the parries that this right of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway projects, the obligations of STATE hereunder shall be carried out as such time and for such unit or units of the projects as funds are budgeted and made lawfuUy available for such expenditures. 1 i' "' --~-----------_. 5. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other ST ATE or CTV constructed local streets on receipt of wrinen notice to CITY from ST ATE that the work thereon has been compJeted, except for any portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE, 6, This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whoJe freeway project for the benefit of the people of the STATE and of the CITY. IN WIT:NESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers, STATE OF CAIlFORNlA.. THE CITY OF CHULA VISTA Department of Transportation By ~~ S - ~v\ JEFF MORALES Director of Transportation U By ROBERT L BUCKLEY Project Planning and Design Engineer APPROVED AS TO FORM: ,'\PPROVED AS TO FORM: ([~ 5)71' &-¡/v/./"fi Anorh¡{y:/ City of Chula Vista U Anorney, State of California /J . I I ._...__.,-,,------,.'-'--_.. --".----.---- JI :I: U Z ! ~ ¡- ..J Z W W C ::;, :2 0: ~ :r r a: :::E 0 < « Iñ~ ~ .~ CD C w~ II) '" . to- ão: 10. ã!::: 8..J1ii 0 -'" ;:: 10.. z ~ Ñ 0: ~ '\'(" ~~ l ~ ¡?:= N ~ ~~ - >- :I ~§ !; w ,,>.~ ~e;=1t) III(:Z: Z i ?: .) ~~t;~ ~ g i~ N : ~>' V( II> .'<'~ ~ u~ii:~ III II. -:I: U V\~O .... ~~Iii..; III 0 ..:~... ~ ".:,'.D 5 - a:>-~ IIIw þ'\o ~ w!Ž:°e: II. to- Z III 0: ,<,'.~ ~w - o:¡ ~i! It) Co) 10. :z:: ~ -.1'" "" II) N II) CD ..,'.9 0: - III N- N Þj '~Þ: : 6 :z: -Ñ 0 w , '?,'J' c '? to- ~o ~ ~, = z a~ ~ -0: 0 ~ c w ~ > w '\ a: to- . '\ Z It w~ '\ ::10'1 W . '\ WCO II:::!: '\ ele... c- II.F') 0"; - to- -e... !><= .... .... ,"" ....' ,"" .... to- Z "oiì 13: - - W ::I~ -....)191" ~- --_J.t:!... ---- WF') ----::::::::::::---- W' 11:00 eI::!: ----: oee; II.F') 0 0 . F') ww !:- CD::!: ::!: ::Ie... 0<1: -:.0:: t-a:: .... t:) IO t-a:: :Je... 0 (/)0 11;V1 ì z W<l: I -'- ).,11:J ::r: 11;vi7--'- P'lSII\ P' t-O W ).,1 Nnò'J - - - - ìnH:J ::!:- OLL. OD3iòN- a::- Vs LL.t- (/) O:J I Z"""") <I: Z I oW t-I ;;:: (/) e...0 ::!:w <1:> CY:.<I: '\ .' \ \ I ~~\ ! ~. I I-:- t:'1 0 - C')~ COUNCIL AGENDA STATEMENT Item: -1L Meeting Date: 4/9/02 ITEM TITLE: Resolution Approving the Performing and Visual Arts Task Force's selection of the FY 2001-02 Performing and Visual Arts Grant recipients and their monetary grant awards totaling $31,842.68 SUBMITTED BY: Deputy City Manager palme~ REVIEWED BY: ' (;(i- (4/Sths Vote: Yes - No ~ CIty Manager ?,! iJí" In 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) that established a process whereby ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City ofChula Vista. As called for in the sublease, a Performing and Visual Arts Task Force was established and annually makes recommendations to the City Council regarding the arts grant awards. The Task Force is assisted by the Office of Cultural Arts, which formally conducts the grant application process. The Task Force has reviewed the FY 2001-02 applications and is now making the necessary recommendations to the City Council. STAFF RECOMMENDATION: That Council approve the Task Force's selection of the FY 2001-02 Performing and Visual Arts Grant recipients (as listed below) and their monetary grant awards totaling $31,842.68 BOARDS/COMMISSIONS RECOMMENDATION: The Task Force recommends that the City Council award arts funds to groups and individuals as outlined in this report. DISCUSSION: In late 1998, an advisory commission, entitled the Visual and Performing Arts Task Force, was established per the requirements of the sublease. The current members are: Mayor Shirley Horton Scott Alevy, Member at Large Nora McMartin, City staff representative Larry Perondi, Sweetwater Union High School representative Tracy Goodwin, Chula Vista Elementary School representative David Swift, House of Blues Concerts representative William Virchis, Cultural Arts Commission representative //-/ ----.--, .-----..--.-.--------. Item: ~, Page 2 Meeting Date: 4/9/02 The City's Office of Cultural Arts administered the Performing and Visual Arts Fund grant application process. Over 200 "Performing and Visual Arts Fund Grant Application Packets" were distributed by the Office to the Sweetwater Union High School District, the Chula Vista Elementary School District, arts groups and individuals in the Chula Vista community. The Office then conducted two "Technical Workshops" on Saturday, January 26, 2002, at 10 a.m. and I :00 p.m. The 'Technical Workshops" and "Grant Application Packets" both highlighted a number of points, including the established criteria for award of grants (see Attachment A) All interested parties were instructed that final applications were due on February 15, 2002. Thirty-six applications totaling $88,671 in requests were received by the due date (see Attachment B.) Upon receipt, the Office of Cultural Arts sent a copy of each application to the members of the Visual and Performing Arts Task Force for their review and numerical scoring. The thirty-six grant applications were then reviewed and ranked by the pre-established criteria by the Task Force on March 20, 2002. The Task Force recommends Twenty-three of the Thirty-six grant applications receive the following awards, totaling $28,000.00. In addition, The Task Force recommends that a grant award of $3,842.68 be given to the Cultural Arts Commission. The Commission receives 10% from this fund each year. The total amount to be awarded is $31,842.68. APPLICANTS RECEIVING A "4" RANKING (THE HIGHEST SCORE) . None APPLICANTS RECEIVING A "3" RANKING (THE SECOND HIGHEST SCORE) . Chula Vista High School for the Creative and Performing Arts $2,500 To provide funds to expand the Chula Vista Band Review and increase the promotion and awareness of this Annual Civic Musical Eventfor 20-30 high school and junior high school bands . Chula Vista Recreation Department $2,000 To bring Young Audiences of San Diego Educational Performances to Chula Vista Recreation Centers by providing assembly programs and workshops in theater, dance, puppetry, storytelling and music for youth in Chula Vista - - u_-.-- - ------.u,.--- ,.,.--- --.- Item:~, Page 3 Meeting Date: 4/9/02 . Chula Vista Cultural Arts Commission $1,000 To expand the "Music in the Park" Summer Concert series by providing two additional concerts in the eastern part of Chula Vista . Friends ofthe South Chula Vista Branch Library/Literacy Team $2,000 To create a South Chula Vista Branch Library Cultural Arts Festival, a series of ten classical, jazz and folk performances of music and/or dance. This series would be promoted in conjunction with the visual art exhibits displayed in the library's Rosemary Lane Galeria . Mariachi Scholarship Foundation $1,000 To present a Mariachi "in-the-schools conference" with workshops for high school and college students . OnStage Playhouse $2,000 To provide drama and stagecraft instruction to area children ages 9-13 and a live theater experience for approximately 1,500 children and their families during the Summer 2002 . Southwestern College Music Department $2,000 To provide two musicians from "The Gambia" to present master classes, workshops, and lecture/demonstrations in their respective crafts over a two-month period . Sweetwater Union High School District partnering with the California $2,500 Ballet Association To provide "Boys can Dance ", a series of 20 on-site classes, focusing on the athletics of dance . Sweetwater Union High School District partnering with the San Diego $3,000 Opera To bring a music/opera enrichment program to five middle schools in Chula Vista Item: R-, Page 4 Meeting Date: 4/9/02 APPLICANTS RECEIVING A "2" RANKING (THE THIRD HIGHEST SCORE) . Ballet Xochilt $500 To purchase music, train and prepare local dancers to perform at community venues (library, schools, senior centers) . Bonita Business and Professional Association $500 To provide funding to defray the costs for the 2nd Annual South Bay Community Sing . Bonita Vista High School Dance Program $1,000 To create clothing and accessories to compliment and authenticate the ethnic dances performed by Bonita Vista High School . Bonita Vista High School Band $1,500 To commission a band composition for advanced middle school to mid-level high school concert band. This would be a second in a series that began with "Que Bonita Vista" . Bonitafest Melodrama $500 To provide funding for a community musical-melodrama based on local history appropriate for multigenerational, culturally diverse family audiences . Chula Vista Art Guild $1,000 To conduct a major art event entitled "Portrait of a Community: Chula Vista 2001 ". The project will create a permanent record of Chula Vista as a community through drawings and paintings completed by local artists . Chula Vista Elementary School District $500 To promote earthquake and major disaster preparedness to children grades K-6 using the medium of music, dance and theater . Chula Vista Heritage Museum $750 To transport and display the JO8 year old historic school bell from Chula Vista's first elementary school to the Chula Vista Heritage Museum . - .-----------.-.- .- Item: ~, Page 5 Meeting Date: 4/9/02 . Chula Vista Cultural Arts Commission $750 To provide funding to help defray costs for the annual Chula Vista Visual and Performing Arts Festival (Taste of Arts) held in Marina View Park in April 2002 . Friends of the Arts $500 To provide scholarships for art and music classes to children ages 7-]8 from underserved neighborhoods in Chula Vista. The children will exhibit their art works and present keyboard performances at the South Bay libraries and the Downtown Art Center . Friends ofthe Civic Center Library $1,000 To provide permanent art pads in Friendship Park for the purpose of displaying attractive pieces of sculpture . Friends of the Civic Center Library $500 To provide funding to help defray costs for the 2002 "Library Cultural Program Series" at the Civic Center Branch Library . Imagination Express $750 To bring artistic and educational interactive assemblies to students in Chula Vista . National Arts Juried Art Show $250 To provide hooks for art display panels to be used in the National Arts Juried Art Show to be held at the "Taste of the Arts" Festival on April]3, 2002 FISCAL IMPACT: There is no General Fund impact associated with these grants. In February 2002 Coors deposited $38,426.75 in the Arts Fund. This deposit, combined with a carryover balance of $10,677 from 2001, created a total balance of $49,103.75 to be used in 2002. The current grant awards total $31,842.68 leaving a balance of $17,261.07 to be used for emergency "out-of-cycle" grant requests received during 2002. Any remaining funds may be carried over and added to next year's program. The Performing and Visual Arts Task Force is now recommending that a total of $31,842.68 be approved for the FY 2001-2002 arts grant cycle. The Office of Cultural Arts will manage the contractual agreements and grant payments with the recipients. Attachments "AU Funding Criteria "B" List of Applicants - --..---.------- --- ---- Attachment A PERFORMING AND VISUAL ARTS FUND GRANT CRITERIA Who Can ADDlv- General Elifdbilitv . Tax-exempt, non-profit organizations located in thee City ofChula Vista . Educational institutions located in the City of Chula Vista . Religious organizations located in the City of Chula Vista . Performance groups associated with schools or educational institutions located in the City ofChula Vista . Visual Arts groups associated with educational institutions located in the City of Chula Vista . The City ofChula Vista and its various Departments, Boards and Commissions . Individuals residing in Chula Vista . Chula Vista residents who want scholarships for study ($1,000 maximum, must share art skill learned 1T0m scholarship with the community) . Groups located in the City ofChula Vista that want travel expenses related to a performing or visual exhibition ($1,000 maximum; must give back one performance or exhibition to the City of Chula Vista in exchange for the grant) ExamDles of How Grant Funds Could be Used . To pay an artist for a performance or exhibition . Materials for a creative event . Printing associated with an event or production . Rental of costumes for a production . ArtImusic/theater and dance projects in schools and the community . Programs that promote cultural diversity or cultural tourism . Items not covered in this section may be considered (under special circumstances) by the Performing and Visual Arts Task Force Elifdbilitv Period or Timeframe . Eligible events or productions held in calendar year 2002 only Grant Application Scoring Criteria . Project Administration Capability Maximum of 10 point . Artistic Merit Maximum of 30 points for organizations and 50 points for individual artists . Creativity and Innovation Maximum of20 points . Community Impact Maximum of20 points . Societal Relevance Maximum of20 points for organizations (not applicable for individual artists) 1 //- .,--- ----- Rankinf!.s Based Upon Scorinf!. Criteria . 4 ranking- 100-89 points Designates an applicant as the highest priority for funding. These are considered to be "model" in stature and to meet all review criteria to the highest degree. . 3 ranking- 88-79 points Considered good to excellent and receives funding, but less than that of a "4" designate applicant. This is a very good ranking and indicates a very solid organization/project that is approaching "model" status. However, there is room for improvement or development. . 2 ranking- 78-65 points Considered to be marginally fundable, and only ifthere are available funds. Applicant shows some merit, but does not meet the criteria in a strong or solid way . 1 ranking- 64 and below Not fundable under any circumstances, inappropriate for funding. 2 p ---- -.-----.- -.-.-.- ---- Attachment B PERFORMING AND VISUAL ARTS GRANT APPLICATIONS 2002 Ballet Xochilt Bonita Artists Potpourri Bonita Business and Professional Association Bonita Museum & Cultural Center Bonita Vista High School Band Bonita Vista High School Dance Program Bonita Vista High School "Music Machine" Bonita Vista High School "Sound Unlimited" Bonita Vista Middle School Bonitafest Melodrama Christian Youth Theater Chula Vista Art Guild Chula Vista Children's Choir Chula Vista Cultural Arts Commission ("Music in the Park") Chula Vista Cultural Arts Commission ("Taste of Arts" Festival) Chula Vista Elementary School District Chula Vista Heritage Museum Chula Vista High School for the Creative & Performing Arts Chula Vista High School "Main Attraction" Chu!a Vista Recreation Department First Methodist Church Friends ofthe Arts Friends of the Civic Center Library (Friendship Park sculpture) Friends of the Civic Center Library (Cultural Program Series) Friends of the South Chula Vista Branch Library/Literacy Team Hilltop Middle School Band Boosters lmagination Express Mariachi Scholarship Foundation National Arts Juried Art Show OnStage Playhouse Quinceañera Workshop San Diego Young Women in Harmony Southwestern College Music Department Sweetwater Union High School District partnering with the California Ballet Association Sweetwater Union High School District partnering with the San Diego Opera Sweetwater High School Visual Arts COUNCIL AGENDA STATEMENT Item: Id Meeting Date: 4/09/02 ITEM TITLE: Resolution approving second amendment to the agreeplent between the City of Chula Vista and Highland Partnership, Inc. (HPI) for Construction Management/Constructor (CMC) services on the new Public Works Facility and Corporation Yard Resolution waiving the consultant selection process and approving sccond amendment to the agreement between the City of Chula Vista and RNL lnterplan, Inc. (RNL) for Architectural, Engineering, and Construction Administration services on the new Public Works Facility and Corporation Yard Resolution Authorizing the expenditure of up to $125,000 for the General Requirements associated with the Corporation Yard SUBMITTED BY: Director of Building and Park Construction C/~v' REVIEWED BY: City Manager ý...r pi (4/5ths Vote: Yes - No _X-> On August I, 2000 the City Council approved Resolution 2000-275 approving an Agreement between the City of Chula Vista and Highland Partnership, Inc. (HPI) for Construction Management/Constructor (CMC) Services on the new Public Works Facility and Corporation Yard ("HPI CMC Agreement". On August 142001, the City Council passed resolution 2001- 272 approving the first amendment to said Agreement, extending HPI's services through thc anticipated completion date of September 27,2001 ("First Amendment"). Since then a number of issues have arisen which have caused additional delays resulting in the need to extend the anticipated completion date of the project, and also amend HPl's CMC contract for a second time. This rcsolution approves the second amendment to said Agrcement thercby extending the life of the Agreement from September 27, 2001 to June 27, 2002 to complete the Corporation Yard Project at an additional cost of $500,367. Approval of the second resolution before the Council this evening will approve the second amendment to an agreement with RNL Interplan, Inc. (RNL) for architectural, engineering, and construction administration services ("RNL Agreemcnt"). RNL's amendment is a direct result of an eight-month extension to the original completion date. RNL's fee for the additional work is $186,300. Approval of the third resolution will authorize the expenditurc of up to $125,000 for the general requirements of this project. RECOMMENDATIONS: That Council approve the following three resolutions: . Approving second amendment to the Agreement between the City of Chula Vista and HPI for CMC services on the new Public Works Facility and Corporation Yard. . Approving second amendment to the agreement between the City ofChula Vista and RNL for architectural, engineering, and construction administration services on the new Public Works Facility and Corporation Yard. ,.-.--. - ---..-- Page 2, Item: /~ Meeting Date: 4/09/02 . Authorizing the cxpcnditure of up to $125,000 for the General Requirements associated with the Corporation Yard. BOARDS/COMMISSIONS APPROVAL: Not Applicable DISCUSSION: Second Amendment to HPl's Contract: Under the first amendment to HPl's CMC Agreement, the original completion date of July 31, 200 I, was extended to September 27, 200 I due to unanticipated field conditions mainly related to the presence of poor soil material requiring extensive grading and excavation work. The second amendment to HPI's CMC Agreement extends the substantial completion date to April 4, 2002. Staffs analysis of the necessity to amend HPI's contract focused on the probable causes that contributed to this requirement The following categorize Staffs conclusions and validate the requirement to amend HPI's contract: the cumulative impact of a substandard performing critical path specialty contractor, added scope, the need to address SDG&E requirements for a complex compressed natural gas facility installation, and critical path delay as a result of rain. The primary reason for this request for time extension relates to the actions, in-action or unacceptable level of quality demonstrated by a single critical path specialty contractor. Of the 129 additional days requcsted, 89 days can be directly attributed to this specialty contractor. Staff and HPI, have taken definitive actions to limit further impact to project completion from this specialty contractor. Substantial completion was attained and the entire project was ready for occupancy on April 4, 2002. Final completion is scheduled for June 27, 2002. During the period between substantial completion and final completion HPI will be finishing items on the punch list for each building and other project close out work. HPI will not have staff on site past April 20, 2002. However, HPI will remain available and will address all issues that remain. HPI has agreed that for their services they will receive no remuncration past April 20, 2002. The City may still be responsible for costs incurred by the subcontractors. Staff is recommending that Council approve a second amendment of HPl's Agreement in the amount of$500,367 pursuant to the provisions detailed in the amendment Staff is recommending an amendment to HPJ's CMC services contract for a period not to exceed 129 workdays and rccovery of costs associated with additional CM/C services already provided. Second Amendment to RNL's Contract: On October 19, 1999 the City Council passed a resolution waiving the bidding process and approving the RNL Agreement for preparation of the Master Planning of the Corp Yard. The total cost of the original agreement was $1,654,300. The first amendment to RNL's agreement was approved by City Council on May 23, 2000 for a total additional fee of $162,770. The second amendment involves thc provision of additional architectural and consultant services associated with the project's time extension of approximately eight (8) months. City staff also requested additional on-site presence by RNL personnel. In addition, there were a number of changes by the City that required additional drawings and permits, which required additional time by RNL and their sub-consultants. The following provides a detail on the various charges: .....-.- ...--. _._- Page 3, Item: /L Meeting Date: 4/09/02 RNL additional personnel for eight (8) months $86,000 RNL Subconsultants $17,500 RNL additional work during the construction phase $76,800 Reimbursable Expenses 6,000 $186,300 Staff is again recommending waiving the consultant selection process as impractical at this time. The project is nearing completion, RNL has the knowledge of the project and expertise to address the remaining issues and a change at this point may result in additional delays to the complction of the project. General Requirements: Staff is also requesting thc authorization to expend up to $125,000 for general requirements that occur during the course of the construction. In a traditional design-bid-build project the City hires a General Contractor to construct the project. Included in the General Contractor's bid are provisions to address general requirements of a job. These general requirements include such items as tcmporary power, water to the site, perimeter fencing and more as described on Exhibit A. These items are nonnally included in the Gcneral Contractors overhead (plus mark-up) and thercfore the City does not usually see thcse costs as individual line items. Since a Construction Manager/Constructor (CMC) and not a General Contractor is handling the Corporation Yard projcct, the CMC is responsiblc to arrangc for the general requirements during the course of construction. The original amount approved by the City Council on November 14,2000 for this purpose was $200,000. With this action Council will authorize the expenditure of additional funds of up to $125,000 to cover thcse expenscs. FISCAL IMPACT: 1. HPI's full and complete compensation for perfO1111anCe of all services and obligations under the Original CMC Agreemcnt and this Amendment shall be for a fixed sum equal to $1,599,298 as outlined below. Compensation consists of: Original contract amount $ 914,000 First Amendment $ 184,931 Second Amendment $ 500,367 Total contract amount $ 1,599,298 2. RNL's full and complete compensation for perfonnance of all services and obligations under the Original Agreement and this Amendment shall be for a fixed sum equal to $2,003,370 as outlined below. Compensation consists of: Original contract amount $ 1,654,300 First Amendment $ 162,770 Second Amendment $ 186,300 Total contract amount $ 2,003,370 3. Approval of the third resolution will authorize the expenditure of additional funds of up to $125,000 to cover General Requirements expenses. /2- .----.. -, ---- - .--- Page 4, Item: ,t,.l-.- Meeting Date: 4/09/02 Sufficient funds are available in the Public Works Facility and Corporation Yard CIP account to cover the additional costs of this amendment. Exhibit A: General Requirements Items File 07J5-10-GGI3! H:\ADMIN\Building and Park ConstructionlCorporatlOn YardIHPI&RNLAgmLSMN.doc -.-. h--_- ------ Exhibit .~" CITY OF CHULA VISTA CORPORATION YARD GENERAL REQUIREMENTS GENERAL REQUIREMENT COSTS SITE SECURITY & GUARD SERVICE PROJECT SIGNAGE TEMP ROADS & ACCESS (Trench Plates) ELECTRIC CURRENT CHARGES WATER USAGE CHARGES TEMPORARY TOILETS ON SITE SAFETY - CONSULTANT TEMPORARY BARRICADES - MATERIALS TEMPORARY PROTECTION - MATERIALS TEMPORARY RAILINGS TEMPORARY PROTECTION - FINISHES ADVERSE WEATHER PROTECTION PEST CONTROL PRIOR TO MOVE IN HIAOMINIB"ildlog ood Pa,' Coool,"ctiooICo,,",atioo V"dIE,h'" C Geo'l Req P,'ol Oate, 4/2/02; "17 AM RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HIGHLAND PARTNERSHIP, INC. (HPI) FOR CONSTRUCTION MANAGEMENT/CONSTRUCTOR (CMC) SERVICES ON THE NEW PUBLIC WORKS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on August 1, 2000, the city Council adopted Resolution 2000-275 approving the agreement between the city of Chu1a vista and HPI for construction management services for the new Public Works Facility and Corporation Yard ("Agreement"); and WHEREAS, on August 14, 2001, the City Council adopted Resolution 2001-272 approving the first amendment to said Agreement; and WHEREAS, a number of issues have arisen which haven caused additional delays resulting in the need to extend the anticipated completion date of the project, and also amend HPI's contract for a second time; and WHEREAS, the Second Amendment will extend the life of the Agreement from September 27, 2001 to April 20, 2002 to complete the Corporation Yard Project at an additional cost of $500,367. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the Second Amendment to the Agreement with HPI for Construction Management/Constructor Services for the new Public Works Facility and Corporation Yard, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Second Amendment to the Agreement on behalf of the City of Chula vista. Presented by Approved as to form by /WJ Andy Campbell Director of Building and Park Construction [J.'\ATTORNEY\RESO\HIghl"d Partoe"hip 20d Ameodmeo' CMC (Macch 29, 2002 (129PM)] THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ /ÞL¡ City Attorney Dated: ,-/þ/O2 1 ) _! ., ~-~~_..~-------_..._------ . SECOND AMENDMENT TO The Agreement Between the City of Chula Vista and Highland Partnership, Inc. for Construction Management Services for the New Public Works Facility and Corporation Yard Recitals This Second Amendment is entered into, effective as of September 28, 2001, by and between the City of Chula Vista ("City") and Highland Partnership, Inc. ("CMC") with reference to the following facts: WHEREAS, City and CMC previously entered into an agreement ("Original Agreement"), dated August 1, 2000 and approved by City Council Resolution 2000-275, whereby Highland Provides Construction ManagerlConstructor services to the City for the construction of the Public Works Facility and Corporation Yard; and WHEREAS, City and CMC previously amended this agreement ("First Amendment"), entered into effective as of February 20, 2001 and approved by City Council Resolution 2001- 272, whereby CMC provides Construction Manager/Constructor services for an extended period of time and for additional scope; and WHEREAS, during the course of construction a number of issues have arisen which have caused approximately 129 additional days of delay which resulted in the need to extend the anticipated completion date ofthe project; and WHEREAS, the City is also requesting additional assistance 1T0m CMC in the coordination and supervision of those Specialty Contractors who have been directed to provide additional personnel, equipment, and material necessary to accelerate production rates to further mitigate the need to extend the anticipated completion date of the project; and WHEREAS, the parties now desire to amend the Agreement to address the delay issue and to provide for CMC to perfonn the coordination efforts directed. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, the City and CMC agree as follows: I. Section I of the Original Agreement entitled General Scope of Work to be perfonned by CMC and Relationship of the Parties is hereby amended to read as follows: 1.3.3.1 Achieve "Substantial Completion" (as defined in 13.1) no later than April 4, 2002 and "Final Completion" no later than June 27, 2002. 2. Section 5.3 of the Original Agreement, entitled Scope of Work, Construction Phase, is hereby amended to include: CMC duties during this phase shall include the following: HPI/City ofChula Vista Page I 2nd An1endment to Agreement 04/03/2002 EXHIBIT A .;..., . - ------.-----.-----.------..-- Coordination and supervision of those Specialty Contractors who have been directed to provide additional personnel, overtime, equipment, and material necessary to accelerate production rates. Specifically, prepare for and conduct weekly Specialty Contractor meetings, coordinate Critical Path Specialty Contractor efforts, closely monitor those Specialty Contractors who may be affected by delays caused by the Critical Path Specialty Contractor, update master schedule monthly, and general project management, administration, and periodic reporting to City as directed by the Contract Administrator for this task. 3. Section 9 of the Original Agreement, entitled CMC Fixed Fee for Service and Reimbursements, is hereby amended to delete the first sentence of Section 9.1 and insert the following: 9.1 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under the Original Agreement and this Amended Agreement, CMC shall be compensated ("CMC Fixed Fee") at a fixed sum equal to $1,599,299 as set out in Attachment A, attached hereto and incorporated herein. 9.1.1 CMC compensation consists of Original contract amount $914,000 Time extension No.1 162,433 Coordination of owner furnished equipment 22,498 TimeextensionNo.2jìxedfee 412,427 Time extension No.2 additional supervision 87,941 4. Section 13 of the original Agreement, entitled Contract Time, is hereby amended as follows: 13.1 CMC acknowledges and agrees that the date of Substantial Completion set forth in Section 1.3.3 above is critical to City. CMC agrees that the entire Project will be ready for occupancy by the date of Substantial Completion, , April 4, 2002 and that all work under this Agreement will be completed by the Final Completion Date, June 27,2002. 13.1.1 CMC agrees that if substantial completion is not reached by April 4, 2002, CMC shall remain fully staffed on the project until substantial completion is achieved without any additional compensation to Highland by the City. 13.5 CMC shall proceed with the work generally in accordance with the revised Exhibit 2 as attached to this Amended Agreement. 5. Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and effect. HPIICity ofChula Vista Page 2 2"d Amendment to Agreement 04/03/2002 -" - ---..--.-----.--..-.-----------.--....-.".--- SIGNATURE PAGE TO THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HIGHLAND PARTNERSHIP, INC. FOR CONSTRUCTION MANAGEMENTICONSTRUCTOR SERVICE FOR THE NEW PUBLIC WORKS FACILITY AND CORPORATION YARD City of Chula Vista Highland Partnership, Inc. By Shirley Horton, Mayor Date ATTEST: City Clerk Approved in form by: City Attorney HPVCity of Chula Vista Page 3 2nd Amendment to Agreement 04/03/2002 ") .--_. --.--.-------.. RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RNL INTERPLAN, INC. (RNl) FOR ARCHITECTURAL, ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES ON THE NEW PUBLIC WORKS FACILITY AND CORPORATION YARD WHEREAS, the City Council, at its meeting of October 19, 1999, waived the Consultant Selection Process and approved an Agreement with RNL Design for architectural, engineering and construction administration services for the new Corporalion Yard; and WHEREAS, on January 3, 2000, the City Council approved the FirstAmendmenttothe Agreement to provide for additional services; and WHEREAS, the additional services called for in the First Amendment included designing the addition of 11,200 square feet to the Adminislration Building, the Communications Shop in the Maintenance Building and a Household Hazardous Waste public drop-off area; and WHEREAS, the Second Amendment is to provide additional construction administration services which are a result of an eight-month extension to the original completion date and RNL's fee for the additional work is $186,300; and WHEREAS, City is waiving the Consultant Selection Process because the project is nearing completion, RNL has the knowledge of the project and expertise to address any remaining issues, and a change at this point may result in addilional delays to the completion of the project NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby approve a Second Amendment to the Agreement between the City of Chula Vista and RNL for architectural and consulting services on the new Public Works Facility and Corporation Yard, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment on behalf of the City. Presenled by Approved as 10 form by Andy Campbell Director of Building and Park Construction [( JlAtlom,y\RESOSIRNL "oood Ameodmeot (M,ech 29, 2002 (1211PM)) \ THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~Mt City Attorney Dated: L/ ¡j /o~ I . ,- ,. SECOND AMENDMENT TO the Agreement For Architectural, Engineering and Construction Administration Services (City Corporation Yard) Recitals This Second Amendment ("Second Amendment") is entered into effective as of September 27,2001, by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City") and RNL INTERPLAN, INc. d/b/a RNL Design ("Architect") with reference to the following facts: WHEREAS, City and Architect previously entered into an agreement ("Original Agreement"), dated October 19, 1999, entitled "Agreement for Architectural, Engineering and Construction Administration Services; and WHEREAS, City and Architect entered into the First Amendment to the Original Agreement to provide for additional services dated May 23,2000; and WHEREAS, the Original Agreement and First Amendment contemplated a twelve month construction schedule with a minimal time commitment from Architect during construction; and WHEREAS, during construction a number of unforeseen conditions arose, a number of changes were requested by City, and to facilitate and expedite construction, City requested a greater on-site presence by Architect; and WHEREAS, City and Architect now desire to amend the Agreement to provide additional construction administration services during the extended construction schedule. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, the City and Architect do hereby agree: 1. Section 4C of Exhibit A of the Original Agreement shall be amended to read as follows: 4.C Construction Site Visits Architect will make regular weekly visits to the site for the purpose of observing the progress and quality of work. Architect's site visits will average 24-32 hours per week for a duration of 20 months. In addition, each of Architect's consultants (civil, structural, mechanical, electrical, landscape, maintenance/equipment, telecommunications, security) will make site visits at the appropriate stages of construction for their particular discipline. Architect ,,) .~ ,-. ---- -. ----.--- -.--.----.'--- . shall endeavor to guard City against defects and deficiencies in the work. The Architect shall review the work and recommend, to the City that work be rejected or modified if the work does not conform to the contract documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the work in accordance with the provisions of the contract documents, whether or not such work is fabricated, installed or completed. 2. To reflect the additional construction time and staffing requested by City, Section II.B of the Original Agreement and Section 2 of the First Amendment are hereby amended as follows: The total maximum compensation amount shall be increased from $1,567,070 to $1,753,370. The total maximum compensation for Phase IV shall be increased from $280,860 to $467,160. 3. Exhibit B of the Original Agreement is hereby amended to add the following: CONSTRUCTION ADMINISTRATION SERVICES Additional Labor $ 162,800 Additional Subconsultants' Work 17,500 Reimbursable Expenses 6,000 TOTAL $ 186,300 4. All other terms and conditions of the Original Agreement and the First Amendment shall remain in full force and effect. [Next Page is the Signature Page] 2 ~.'- ~..-_..__.._--_.- -. SECOND AMENDMENT TO the Agreement For Architectural, Engineering and Construction Administration Services (City Corporation Yard) CITY OF CHULA VISTA By: By: Shirley Horton, Mayor Patrick M. McKelve ,AlA Principal Date ATTEST: City Clerk Approved in form by: City Attorney 3 ..~ - .. --....---.-----.-..----.---. -. .- RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $125,000 FOR THE GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD WHEREAS, staff is requesting the authorization to expend up to $100,000 for general requirements that occur during the course of the construction for the Corporation Yard; and WHEREAS, in a traditional design-bid-build project the City hires a General Contractor to construct the project and included in the General Contractor's bid are provisions to address general requirements of a job; and WHEREAS, these general requirements include such items as temporary power, water to the site, perimeter fencing; and WHEREAS, these items are normally included in the General Contractors overhead (plus mark-up) and therefore the City does not usually see these costs as individual line items; and WHEREAS, since a Construction Manager/Constructor (CMC) and not a General Contractor is handling the Corporation Yard project, the CMC is responsible to arrange for the general requirements during the course of construction; and WHEREAS, the original amount approved by the city Council on November 14, 2000 for this purpose was $200,000; and WHEREAS, with this action Council will authorize the expenditure of additional funds of up to $125,000 to cover these expenses. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby authorize the expenditure of up to $125,000 for the general requirements associated with the Corporation Yard. Presented by Approved as to form by Andy Campbell Director of Building and Park Construction [J"IATTORNEYIRESOICoep Y"d Reo' (Apeil 3, 2002 (256PM)) , ..'" ".L - ----. -----.---- ---.-.------.---.---.--- COUNCIL AGENDA STATEMENT !-;,>; Item Meeting Date Li /-1 !- , ITEM TITLE: Resolution Adopting Disability Retirement Policy and Procedures for Safety Members SUBMITTED BY: Director of Human Resourcefj) &,V;' REVIEWED BY: City Manager r- ý'¥ (4/5ths Vote: Yes- No K> K<' CalPERS has delegated the determination of disability retirement for local safety members to the employer. The policy presented here for Council's adoption puts into a formal policy format the procedures the City has employed for reviewing disability retirement applications and for appeals of the City's determination. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The City contracts with the California Public Employee's Retirement System (CalPERS) to provide sworn Police and Fire safety employees with retirement benefits under Government Code Sections 21154. If an application for disability retirement is filed involving a sworn, safety employee, the determination of disability is the responsibility of the City. If there is a dispute concerning the claim for disability retirement, the employee is entitled to an evidentiary hearing before a final determination is made. There are currently no formal written procedures in place for handling applications for safety disability retirements and their appeal. The policy presented here formalizes current practice and has been reviewed by the Police Officer's Association and International Association of Fire Fighters Local 2180 and there is no dispute as to it's content. An outline of the proposed procedures are as follows: 1. Disability Retirement A. Procedure Initiated by Employee or Human Resources Director (or their designee) I. Employee Initiated a. Employee files PERS application I) Original to PERS 2) Copy to Human Resources Department (Adop"d by Coo,,;!4!'!O2) "'"/ f~ Item,,^," Meeting Date b. Employee files City Application for Disability Retirement (Safety Members) 1) Original to Human Resources Director 2) Include signed medical releases for each physician and facility listed in the application c. Human Resources Director acknowledges receipt of application within fifteen (15) calendar days of receipt I) Sends employee copy of procedures d. Human Resources Director investigates facts and circumstances pertaining to application I) Includes medical, psychiatric and other information e. Human Resources Director submits proposed disposition to City Manager I) Copy to employee 2. Human Resources Director Initiated a. Human Resources Director investigates facts and circumstances concerning disability b. Human Resources Director submits recommendation to City Manager I) Copy to employee B. Final Disposition of Application or Recommendation in Absence of Objection(s) 1. If no objection(s) received within fifteen (15) calendar days, City Manager certified disposition to PERS C. Informal Conference if Timely Objection Filed I. Human Resources Director schedules an informal conference no less than ten (10) calendar days/no more than twenty (20) days. Notice shall be given at least ten (10) calendar days in advance of informal conference. The purpose of the informal conference is: a. Attempt to reach agreement b. Ascertain if hearing is desired c. Frame issues (Adopted by Co""iJ 4/9/02) /:3 Item /3 Meeting Date d. Enter into stipulations e. Set date for hearing 1. No later than ninety (90) calendar days unless a rehabilitation evaluation is pending, then one hundred eighty (180) calendar days. D. Hearing Request 1. Either party has twenty (20) days 1T0m date of informal conference to request hearing. E. Hearing 1. Conducted pursuant to Govermnent Code 11500 et. seq and Govermnent Code Section 21156. 2. Administrative Law Judge presides and makes final decision. 3. Burden of Proof If hearing concerns: a. Disability Retirement Application I) Employee goes first and has burden b. Recommendation of Human Resources Director 1) City goes first and has burden 4. Costs a. Parties bear their own incurred costs. Mutually incurred costs of the hearing are shared equally. FISCAL IMPACT: None expected with this action. ATTACHMENTS: City ofChula Vista Disability Retirement Procedures for Safety Members (Ado,"d by CooodI4/91O2) ...-.- -.-..-- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS ARTICLE I . GENERAL PROVISIONS 1. Introduction Under State law, it is the responsibility of the City to make determinations relating to disability retirement applications for its employees who are safety members of the Public Employees' Retirement System (PERS) and relating to reinstatement of such retirees. As authorized by Government Code Section 21173, the City Council of the City has, with its Resolution No. 7142, delegated its responsibilities to its City Manager. The following procedures have been established by the City pursuant to that Resolution. 2. Filinq of Application A. Application for Disability Retirement by Safety Employee A safety employee may file an Application for Disability Retirement with the Human Resources Department by following the Safety Officer Disability Retirement Applications Instruction to Employees (see Attachment A). The applicant must fully complete the following two applications forms, and attach any supporting documentation, in order for action to be taken by the City. 1) The PERS Application for Retirement (PERS-BSD-369-D) form (Attachment B). The employee shall send the original to PERS at the indicated PERS address in Sacramento, and file a copy of the completed form with the Human Resources Director. 2) The applicant must also complete the City of Chula Vista Application for Disability Retirement Safety Member (HR-238) (Attachment C), and file it with the Human Resources Director. B. Application for Reinstatement by a Safety Disability Retiree Pursuant to Government Code Section 21196, an employee previously retired from service with the City due to a disability may apply for reinstatement on the basis that he/she is no longer incapacitated. An Application for Reinstatement must be made in writing and shall include all facts and circumstances forming the basis for his/her application for reinstatement. This request shall be submitted to the Human Resources Director. Page 1 of 9 Adopted by Council 4/9/02 /3-¥' -----. .--.- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS 3. Notice Provision All notices given or required in connection with a disability retirement determination pursuant to these procedures shall be in writing and may be given by personal delivery or mail. Notices sent by mail to City shall be addressed as follows: Director of Human Resources RE: Disability Retirement City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notice shall be deemed given at the time of actual delivery. 4. Acknowledqement of Application by the City Within fifteen (15) calendar days of receipt by the Human Resources Director of the duly completed applications with supporting documentation, a notice (Attachment D) shall be sent by the City to the employee or retiree and the representative designated in his/her application (if any) acknowledging receipt of the application, and transmitting to the applicant and his/her representative, a copy of these rules and procedures. 5. Human Resources Director's Recommendation The Human Resources Director may initiate a recommendation to the City Manager as to whether certification be submitted to PERS that an employee be retired for disability, or a disability retiree be reinstated. The Human Resources Director shall submit to the City Manager a written report setting forth the facts and circumstances forming the basis for the recommendation. A copy of such recommendation and these procedures shall be sent to the employee or retiree. 6. Investiqation and Proposed Disposition A. The Human Resources Director and such other officials, employees and/or agents of the City as may be designated, shall have the authority and duty to investigate the facts and circumstances pertaining to the employee's or retiree's application or the Human Resources Director's recommendation. Such fact finding may include ordering the employee or retiree to submit to medical or psychiatric examinations, securing by subpoena duces tecum or otherwise, medical and other reports, records and documentation for review, and taking statements by deposition or otherwise of the employee, retiree, and/or other persons. Page 2 of 9 Adopted by Council 4/9/02 .----- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS B. The Human Resources Director or designee shall thereafter, based upon the investigation, submit a proposed disposition of the application or Human Resources Director's recommendation pursuant to paragraph 5, to the City Manager. The City Manager shall send a notice of the proposed disposition to the employee or retiree with copies to the designated representative if any (Attachment E). This notice shall indicate the proposed disposition and that the City shall certify such disposition to PERS unless an objection is filed with the office of the City Manager by the applicant prior to the expiration of fifteen (15) calendar days from the date of service of the notice. 7. Final Disposition of Application or Recommendation in Absence of Obiection(s) If no objection is received within the fifteen (15) calendar days from the date of service, the City Manager shall certify the proposed disposition to PERS (Attachment F). 8. Informal Conference if Obiection(s) are Filed A. If a timely objection is received (within the fifteen (15) calendar days), the Human Resources Director or his/her designee shall schedule a conference in no less than ten (10) and more than twenty (20) calendar days. Written notification of the conference shall be made to employee or retiree, and their designated representative, if any, and such other involved personnel or agents as he/she deems appropriate (Attachment G). Such notice shall be given at least ten (10) calendar days prior to such conference. The Human Resources Director or his/her designee shall preside over the conference. B. The purpose of the conference shall be to afford the parties an opportunity to reach agreement as to final disposition of the matter, and if no such agreement is reached, to ascertain if any parties in interest request a hearing on the application or recommendation and, if so, to frame issues, enter into stipulations, and discuss dates for the commencement of the hearing. The parties will endeavor to set a hearing no later than ninety (90) calendar days (if there is no rehabilitation evaluation pending), or one hundred eighty (180) calendar days (if the employee is being evaluated for rehabilitation), from the date of said conference. Page 3 of 9 Adopted by Council 4/9/02 CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS 9. Hearinq Request A. If after an informal conference a settlement or final disposition was not reached and a hearing was not requested, either party may request a hearing by giving notice in writing to the other party within twenty (20) days from the informal conference. B. The City shall attempt to schedule a hearing within the time periods provided in paragraph 8.B of Article I. 10. Waiver The City and employee/retiree may enter into a written agreement waiving any of the procedures and/or time limits established in Articles I through III, and stipulate to a different process, if the employee/retiree signs an acknowledgment of the rights being waived by such an agreement. ARTICLE II - APPEAL OF INITIAL DISABILITY DETERMINATION 1. Initial Determination Appeals of the City's initial determination of incapacity of the employee pursuant to Government Code Section 21156 shall be conducted pursuant to Government Code Section 11500 et. seq. and this Article II. 2. Role of Administrative Law Judqe The Administrative Law Judge (hereinafter ALJ) shall preside over the hearing, and shall rule on pre-hearing motions, discovery issues and on evidentiary and procedural issues. The ALJ shall be the final decision maker. 3. Burden of Proof If the hearing concerns the disability retirement application initiated by the employee, then the employee shall proceed first and shall have the burden of proof. If the hearing concerns the recommendation initiated by the Human Resources Officer then the City shall proceed first and shall have the burden of proof. 4. Costs The parties shall bear all costs incurred by each such party, including the costs of their witnesses and representatives, and the costs of a transcript of the hearing ordered by such party; and shall share equally the mutually incurred costs of the hearing, including the charges of the court reporter or other means used for recording the proceedings. Page 4 of 9 Adopted by Council 4/9/02 .-.- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS 5. Filinç¡ and Service of Medical Reports and Documentary Evidence A. No later than fourteen to twenty-one (14-21) calendar days before the scheduled commencement of the hearing, each party shall file with the City Manager, and serve on the other party, any and all medical reports and records and other documentary evidence to be relied upon in the presentation of their case. Unless good cause is shown, any document, report of record which is not filed and served as herein provided shall be inadmissible at hearing, and no testimony upon which such report, document or record is based may be admitted into evidence at the hearing. B. Either party may serve a written request for discovery upon the other party. A party is entitled to: (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: 1) A statement pertaining to the subject matter of the proceeding made by any party to another party or person; 2) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included above; 3) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; 4) Any other writing or thing which is relevant and which would be admissible in evidence; 5) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that such reports (a) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceedings, or (b) reflect matters perceived by the investigator in the course of his investigation, or (c) contain or include by attachment any statement or writing described in 1) to 5), inclusive, or summary thereof. Page 5 of 9 Adopted by Council 4/9/02 -~-- ,-,- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS For the purpose of this section, "statements" include written statements by the person, signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements. Nothing in this section shall authorize the inspection or copying of any writing or thing, which is privileged from disclosure by law or otherwise, made confidential or protected as the attorney's work product. C. If a party refuses to comply with a discovery request, the procedures contained in Government Code Section 11507.7, petitioning a court to compel discovery, shall apply. 6. Hearinq Continuances Scheduled hearing dates may be continued by order of the ALJ pursuant to stipulation of the parties or pursuant to written motion of one of the parties approved by the ALJ. A copy of such written motion must be served on the other party. A continuance may be granted for good cause shown. A continuance shall be granted and all proceedings stayed if it is shown that the retiree: (a) has failed to disclose fully to the City the nature, type or character of the disability upon which his/her application is based; or (b) has failed to disclose the name and address of the physician or other practitioner, or facilities by whom or at which he/she was examined, treated, or evaluated for any condition upon which a claim for disability is or may be based; (c) has failed to participate in or complete any examination or examinations by a health practitioner selected by the City. In such case, all proceedings shall be stayed until the retiree has made full disclosure with respect to (a) and (b) above, and has cooperated in completing any medical examinations or evaluations scheduled by the City. 7. Stipulated Settlement A. At any time in the proceedings the parties may enter into stipulations and recommend to the ALJ a final disposition regarding the retirement, rehabilitation, and/or employment status of the retiree. B. The ALJ may accept, modify or reject the stipulated settlement. If the stipulated settlement is rejected or modified, the retiree shall have the right to proceed with a hearing. 8. Subpoenas A. Any subpoenas shall be issued by the ALJ. Page 6 of 9 Adopted by Council 4/9/02 ... --- . ._- ._-,--- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS B. The parties may avail themselves of the subpoena process to ensure the availability of witnesses. Any applicable costs, fees and expenses pursuant to Government Code Sections 68097.1. et. seQ shall be paid per Section 4, Costs. 9. Conduct of HearinQ A. The conduct of the hearing shall be under the direction of an Administrative Law Judge. The City shall retain the services of an Administrative Law Judge (ALJ) from the State Office of Administrative Hearings. B. The proceedings at the hearing shall be recorded by a certified shorthand reporter. C. The City shall prepare and serve a statement of issues on the retiree or designated representative, if any, thirty (30) days prior to the hearing. The issues which may be considered at the hearing, by stipulation and/or the presentation of evidence, may include: 1) Disability - Is the retiree substantially incapacitated at the present time from the performance of the duties of the position held when he or she was retired for disability, or the position in the same classification, and for the duties of the position with regard to which he or she has applied for reinstatement from disability retirement? 2) If the retiree is found to be disabled due to mental disorder, is he/she competent to act on his/her behalf in legally binding retirement matters? 3) Should the retiree be certified to PERS for reinstatement? 4) Is the retiree's age at the date of application for reinstatement at least six months less than the age of compulsory retirement for service applicable to the class or category in which it is proposed to employ the retiree? D. If the hearing concerns the application of a retiree, then the retiree shall proceed first, and then shall have the burden of proof. If the hearing concerns a recommendation of the Human Resources Director pursuant to Article I, Paragraph 5, then the City shall proceed first, and shall have the burden of proof. E. The hearing shall not be bound by technical rules of evidence; the normal rules applicable to administrative proceedings shall apply. Page 7 of 9 Adopted by Council 4/9/02 --_. ..... .,.. --.-.-.- ..., -- CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS F. Each party has the right to be represented, to present relevant evidence, to examine and cross-examine witnesses, and to object to, rebut and argue the probative value of such evidence. G. The hearing shall continue from day-to-day until the proceedings are concluded or continued to a date certain within the discretion of the ALJ. H. The ALJ may hold the record open, at his/her discretion, for the submission of briefs and/or the assignment of an independent medical examiner (IME). 1) Such IME will be furnished all documentary evidence presented; will examine the retiree at the expense of the City, and shall report in writing to the City Manager or designee. The ALJ will serve said report upon all parties within fifteen (15) calendar days of receipt, and all parties shall have ten (10) calendar days therefrom to respond in writing to such report. 2) Any party may request cross-examination by deposition of the IME within ten (10) calendar days of service at such party's expense for the doctor's fee and cost of a court reporter only. The court reporter shall transmit the record directly to the ALJ presiding at the hearing with copies to be sent to a requesting party at that party's expense. 10. Findinqs and Conclusions The ALJ shall issue written findings and final decisions. The ALJ who presided at the hearing, shall direct that Certification of Disposition to PERS (Attachment F) be made accordingly to PERS of the City's final determination of the application or recommendation based on such findings and conclusions, with copies of such certification and the Report of Findings and Conclusions (Attachment H) to the parties and their representatives, if any. Within sixty (60) calendar days of the closing of the record, the ALJ or designee, who presided at the hearing, shall provide the parties in interest and their representatives with said written findings of fact and conclusions. The ALJ shall be responsible to serve copies to the retiree and the City. Page 8 of 9 Adopted by Council 4/9/02 .,-".,- .---..- "-,-' CITY OF CHULA VISTA DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS A. Reconsideration Any party may move for reconsideration of the decision of the AU who presided at the hearing, within thirty (30) days after service of such decision. The AU, who presided at the hearing, shall act on said reconsideration request within thirty (30) days of receiving it. If no action is taken within said thirty (30) day period, the reconsideration request is deemed denied. B. Appeal An aggrieved party may seek judicial review of the final hearing determination pursuant to the procedures in Code of Civil Procedure Section 1094.6. ARTICLE III - APPEALS OF REINSTATEMENT DETERMINATIONS 1. Reinstatement An appeal by the City or retiree concerning the retiree's application for reinstatement from disability retirement or the City's order of reinstatement shall be governed by this Article II, paragraphs 1-10. FORMS INVOLVED: PERS-BSD-369-D-PERS Application for Disability Retirement HR-238-Citv of Chula Vista Application for Disability Retirement (Safety Member) HR-239-City of Chula Vista Authorization for Disclosure of Medical Record Information Attachment A: Safety Officer Disability Retirement Application Instructions to Employee Attachment B: PERS Application for Disability Retirement (PERS-BSD-369-D) Attachment C: City of Chula Vista Application for Disability Retirement Safety Member Attachment D: Acknowledgement of Application Letter Attachment E: Notice of Proposed Disposition Attachment F: Certification of Disposition to PERS Attachment G: Notification of Informal Conference Attachment H: Report of Findings and Conclusions Page 9 of 9 Adopted by Council 4/9/02 DISABILITY RETIREMENT APPLICATION PACKET SAFETY OFFICER DISABILITY RETIREMENT APPLICATION Instructions to Employee The following must be completed and submitted to the City via the Human Resources Director in order to initiate action on your request. 1. PERS APPLICATION FOR RETIREMENT (PERS-BSD-369-D) a. For Item #7, enter 0195 (the employer number for the City of Chula Vista) b. For Item #9, you may want to check all options. PERS will send you a printout showing what you would receive for each option and you may be better able to make your choice at that time. c. After you have completed this form, make two copies (one for you and one to submit to the Human Resources Director). Mail the oriQinal to the Public Employees' Retirement System at the address indicated at the top of the form. It is important that you mail this form to PERS as soon as possible, as your retirement cannot be effective earlier than the first of the month in which it is received by PERS. 2. CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY OFFICER) (HR-238) 3. A signed medical release form for each physician and medical facility listed in your City application for disability retirement. These items may be submitted via United States mail or hand delivered to: City of Chula Vista Human Resources Director 276 Fourth Avenue Chula Vista, CA 91910 Å. Bener" Service> Division. PO. Bo> 94271 I. S,ccomemo. CA 94229-271 1 CalPERS Telccommuni""ions Device for ,he Dcof - (916) 326-3240. (BOO) 352-223B Disability Retirement Election Application 0 Disability Retirement 0 Indusuial Disability Retirement 0 Service Pending Disability Retirement 0 Service Pending Industrial Disability Retirement Important: Local Safety Members Shonld Not Complete Sections C and D. Section A - Member Information First N,me Middle Initi,l Los, Nome Soeiol Securiry Number 0 Mole 0 Fem,"e I I M,iling Address DOte ofBinh Clry Home Phone S"'C ZIP Country Work Phone Section B - Retirement Information I I Retirement D,re (Required for Service Pending) Employer Position Tide (Do Not Abbreviate) Other Final Compensation Period to Be Us~d. I I I I From To Other California Public Retirement Systemsi:J Yes 0 No If yes, complete the section below. I I Nome of SYStem Dare of Retiremenr Section C - Workers' If you filed a Workers' Compensation clåim, please provide the following infonnation. Workers' Compensation Carrier Nome of Adjusrer Tdephone Number Mailing Address City Srare ZIP I I Claim Numbcr(s) DOte ofInjutyOes) DCD,DmOén~"'nn' --.-,.U ---- ._--- F"" N,me Middk In;",¡ L"^,, N,me Soci,] Secur;ty Numher Section D - Disability Information Pleas< complet< all tho questions below. If you need additional space, attach separate sheets. Please b< sure to include your name and Social Security number on all sheets. What is your specific disability; when and how did it occur? What are your limitations/preclusions due to your injury or illness? How has your injury or illness affected your ability to perform your job? Are you currendy working in any capacity (full-time, part-time, or modified worloi, IßIII5e e:q>lain. Other infonnation you would like to provide. Did a third party cause your injuryD Yes 0 No N:une ofTrearing Physician Medical Record Numher Address ofTre;¡ring Physician Cry Sme ZIP /:3 "OD'Dm"O~"'M' ",n_' _f" ------- .-- For<, ?"ome Middle Initi;ù Last Nome Soei;ù Seeuriry Number Section E - Option Election I have rmewed the options listed and elect the following retirement payment option. 0 Unmodified AlIowancel understand this is the highest monthl)' allowance payable to me. with no benefitS payable upon m)' death (excepr rho Survivor Continuance Benefit, if applicable). There is no rerurn of contributions. 0 Option I 0 Option 2 0 Option 2W 0 Option 3 0 Option 3W 0 Option 4 (Please check one of the following) D Oprion 2W & Oprion ] Combined 0 Oprion 3W & Option J Combined D Specific Dollar Amoum to Beneficiary $_.00 0 Specific Percentage to Beneficiar)' _0/0 0 Reduced Allowance for Fixed Period of Time - % or Dollar Amount, Through r 0 Mulriple Liferime Beneficiaries (complere informarion below) r I Nome Om of Birth Sod;ù Seeuriry Number / / Nome Dote of Birth Social Seeu,;ry Number I r N:une Dote ofBirrh Soei;ù Seeuriry Number Beneficiary Information 0 Male OFem;ùe Benef,dory', Soei;ù Seeuriry Number Name I r Do" of Birth Re1otionship Moiling Address Ciry Srore ZIP I understand that my election is irrevocable and that by electing Option Zw, 3w, or 4, I forfeit my right to an increase in my allowance based on the conditions described in the Guide to Completing Your CaJPERS Disability Retirement Election Application. "<"' om "" ~ "'M' " u First Nam, M,ddlc IniÜal La" Nam, Soml S,curiry Numb" Section F - Retired Death Benefit Lump-Sum Retired Death Benefit Beneficiary Beneficiary', Social Securiry Number Name Relarionship Mailing Address Ciry Stare ZIP The person listed above will receive the Lump-Sum Retired Death Benefit which is payable upon my death. I understand that I may change this beneficiary at any time and that any change in my marital status or the birth or adoption of a child automatically revokes this designation. Section G - Survivor Continuance Please answer all four questions and complete the information for each section answered "yes", Are you currently married? 0 Yes 0 No 0 Male 0 Female Spome's Social Securiry Number Name / / I Dare of Birth Dare of Marriage Do you have any natural or adopted unmarried children under 183 Yes 0 No / / Child's Social Securiry Number Full Name Dare of Birth I I Child's Social Security Number Full Name Dare of Birth Do you have any unmarried children who were disabled prior to their IS'" binhday and are still disabled? 0 Yes 0 No I I Child's Social Security Number Full Name Date of Birth I I Child's Social Secmiry Number Full Name Date of Birth Me your parents dependent upon you for one-half of their suppoEf Yes 0 No I I Parent's Social Security Number Full Name Dare of Birth I I Parents Social Securiry Number Full Name Date of Birth ~-~. ~.~ ,,- ~ ",--, ____,_re F",r N.me Middle In"i.1 L.a." N.me Social Securiry Number Section H - Employer Certification (to be completed by employer) (Cenification required only for service pending applications.) I I I I Employee's Last Day on Payroll Employe., Separarion Dare Balanc< ofUnus<d Sick L<ave Days on Employees Dat< ofS<paration Balane< of Educational Leave Days on Date of Separation (Section 20963.1) I hereby certify, under the penalty of perjury, thar the above information is true, complete, and correct to the best of my knowledge. I I Employer SignatUre Date Primed Name Employe< Phone Number Section I - Tax Wtthholding Election (do Dot complete for Industrial Disability retirement) Federal Tax Withholding Election (W4P) (Please make one election only.) ~ Do Not \1íT¡thhold Federal Income Tax. ~ Withhold Federal Income Tax in the amoum of $ .00 (momhly). J Withhold Federal Income Tax Based on the Tax Tables for: J A Married Individual With - Tax Withholding Exemptions. (Emer 0 or a Number) J A Single Individual With - Tax Withholding Exemptions. (Emer 0 or a Number) Q In addition to the amount withheld based on the Tax Tables, Withhold $ .00 (momhly). State of California Tax Withholding Election (DE4P) (Please make one election only. This is optional for out-of-state residents.) Q Do Not Withhold State of California Income Tax. 0 Withhold Stare of California Income Tax in the Amount of $ .00 (monthly). 0 Withhold State of California Income Tax Based on the Tax Tables for: 0 A Married Individual With - Tax Withholding Exemptions. (Enter 0 or a Number) 0 A Single Individual With - Tax Withholding Exemptions. (Enter 0 or a Number) J In Addition to the Amount Withheld Based on Tax Tables, Withhold $ .00 (monthly). 0 Withhold Stare of California Income Tax in the Amount of 10 Percent of the Fedetal Income Tax Withholding Amount. ",", "'~"" ~ ,0"" M_- < ,C< -.--- ---------------- ----.-- - Firs! Name Middle Initio! Lost Name Socio! Security Numb" Section J - Member Signature & Notary (When the member is submitting the application and completes Section~izatinn is required.) I hereby =tifÿ, under the penalty of perjury, that the infonnation submitted hereon is true and correct to the best of my knowledge. I understand that to request cancellation of this application I must notify CalPERS before the mailing of my first retirement allowance check. 0 I am not married. I I Mernbe'5 Signarut< Dot< I I SPOU5"5 Signorut< Dot< Sme of County of On before me, , personally known ro me or Q proven 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/sheirhey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signarure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Seal WItness my hand and official seal OR authorized CalPERS representative signature. Repr"entarive'5 Signarut< Section K-EmpIoyerQriginated Application (To be completed if the employer is submitting the application.) Printed Name of Authorized Signature TIde I I Employer'5 Autho<ized Signature Date Signed Employer Phone Number """' pm '<0 ""'""' n,.."nF" .---.,. ."'--' ,.-.-.-. CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY MEMBER) Sections 21154 and 21156 of the Government Code delegates the determination of a PERS Safety Member's Disability to the City. To assist us in making a determination please complete this application and return it to: City of Chula Vista, Human Resources Department Risk Management Division 276 Fourth Ave. Chula Vista, CA. 91910 PLEASE TYPE OR PRINT APPLICANT NAME: (First) (Middle Initial) (Last) SOCIAL SECURITY NO. ADDRESS: (Street) (City) (Zip) PHONE NUMBER: L-) work L-) home DATE OF BIRTH: YEARS OF SERVICE: SPOUSES NAME: FOR OFFICE USE ONLY DATE COMPLETE APPLICATION RECEIVED: ACKNOWLEDGEMENT OF APPLICATION LETTER SENT: NOTICE OF PROPOSED DISPOSITION: CERTIFICATION OF DISPOSITION TO PERS: NOTIFICATION OF INFORMAL CONFERENCE: REPORT OF FINDINGS AND CONCLUSIONS SENT: HR-238 (4/02) Page 1 of6 ....,_. ".""._-,_._,.,,_.. ---,. .-'- CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY MEMBER) 1. Date Disabling Injury or Illness arose: Date last worked: 2. Place of Injury if applicable: 3. Date Employed by City: Date employed by the City as a safety employee: 4. Department: Last Classification Held: 5. Current Employment Status with City: - Working ~ hours per week Sick leave with compensation. Approximate date leave ends - Industrial leave with compensation (4850 or TTD). Effective date - Resigned or terminated from City service. - Sick leave without compensation. - Other. Please specify: 6. Describe the duties assigned in your latest job classification. (Attach separate page if more room is needed.) 7. Describe the actual duties which you were assigned and which you performed at the time your disability arose. (Attach separate page if more room is needed.) Page 2 of 6 ,.---,.----..--- --- CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY MEMBER) 8. Describe the nature of the injury or disease which you claim permanently incapacitated you from performing your duties. 9. State specifically the duties which you cannot now perform because of your disability. 10. State specifically the duties you can still perform in light of your disability. 11. If your disability is the result of a job-related injury, explain the circumstances surrounding the occurrence of the injury, including location, time, names and addresses of all witnesses and of the initial attending physician, and a detailed description of what happened. 12. If your disability is the result of a job-related illness or disease, explain to the best of your ability, all facts as to how you contracted the illness or disease, including the job-related factors, dates, times and locations. 13. List the names of all doctors or other individuals consulted for diagnosis or treatment relating to the subject injury or disease, together with a signed release allowing each of those doctors to provide your medical records to the City. (A copy of the release form is attached to this application form. If more release forms are needed, they may be obtained from Risk Management) 1. 2. 3. 4. Page 3 of 6 ----. - CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY MEMBER) 14. Have you ever received treatment for a similar injury or illness? Yes - No If yes, please furnish dates of treatment and the name and addresses of any doctors, hospitals or clinics who provided treatment to you. Complete a medical release form for each of these doctors, hospitals or clinics. DATE DOCTOR, HOSPITAL OR CLINIC CONDITION TREATED 15. List the names of all doctors or other individuals, hospitals or clinics you have consulted for diagnosis or treatment of any injury or illness during the five year period prior to the subject injury or onset ofthe subject disease to date. Complete a medical release form for each of these doctors, hospitals or clinics. DATE DOCTOR, HOSPITAL OR CLINIC CONDITION TREATED Page 4 of 6 --- ------ CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY MEMBER) 16. Please list the name and address of any employer, and, if applicable, if you were self-employed, and the beginning and ending dates of any such employment. List all employment: A. During the five-year period prior to becoming employed with the City (if employed less than 10 years with the City); B. During the period of your City employment (other than City employment); and C. Between the last day with the City and the filing of this application. 17. Have you applied for workers' compensation for the subject injury? Yes - No - If yes, state the date the application was filed. 18. Do you have any pre-existing injury, disease or condition which you now claim is being or has been accelerated or aggravated by the subject injury or disease? Yes - No - If your answer is yes, please state: A. The nature of the injury or disease; B. the date of the occurrence of such injury or the onset of such disease; and C. the attending physician or physicians for each injury or disease. Complete a medical release form for each of these physicians. DATE DOCTOR, HOSPITAL OR CLINIC CONDITION TREATED Page 5 of 6 ,.,_.",-- -....--.-..-. CITY OF CHULA VISTA APPLICATION FOR DISABILITY RETIREMENT (SAFETY MEMBER) 19. Attach a copy of all relevant medical information, including doctors' reports of examinations proving the existence of your disability. The medical information may be forwarded separately, but must be received in a timely fashion and in no event later than 30 days before a scheduled formal hearing. (See Article I, Paragraph 10 of Disability Retirement and Disability Retiree Reinstatement Procedures.) 20. Will you accept an accommodation of your current position or another position of equal pay and status with the City which you could perform? Yes - No I HEREBY CERTIFY THA T THIS INFORMA TlON SUBMITTED HEREON IS TRUE AND CORRECT ACCORDING TO THE BEST OF MY KNOWLEDGE. Signature of Applicant Date Signed Page 6 0[6 CITY OF CHULA VISTA AUTHORIZATION FOR DISCLOSURE OF MEDICAL RECORD INFORMATION Subject's Name: Last First Middle I Birth date The undersigned hereby authorizes and requests Health Service Provider to provide the City of Chula Vista and (Identity of Third Party or Name(s) of any Duly Authorized Representative) with access to my medical records for the purposes of review and examination and requests that you provide such copies thereof as may be requested. The foregoing is subject to such limitation below: ( ) 1. Covering records for the period from to ( ) 2. Confined to the following specified information: to ( ) 3. No limitations placed on dates, history of illness, or diagnostic and therapeutic information, including any treatment for alcohol and drug abuse. (Signer to initial for authentication of this response.) ( ) 4. This authorization is also extended to the securing of any and all employment records, such as payroll, wage, commission and bonus records; personnel records and group insurance records. Expiration date of this authorization, if any: Signature: If signed by personal representative. state relationship and authority to do so Date: HR-239 (4/02) .,-_..,. ,--. Acknowledgment of Application Letter Date Employee Address Re: Disability Retirement Application for Employee Dear: This is to acknowledge that your application for disability retirement was received by the City of Chula Vista Human Resources Department on Date We understand that you have sent the original PERS (PERS-BSD-369-D) form Application for Retirement directly to the Public Employees' Retirement System for filing. If this is not the case, please do so immediately in order to protect your interests. If you have any questions or need any help in this regard, please feel free to contact the Human Resources Department. - Attached is a copy of the City's Procedures for the processing of disability retirement applications. We are sending a copy of the City's Procedures for the processing of this application to your representative. Your application is currently being processed. You or your representative will be contacted soon regarding your application. In the meantime, if you have questions regarding your application, please contact Sincerely, Human Resources Director Enclosure: City of Chula Vista Disability Retirement Procedures for Safety Members cc: Applicant's attorney or other representative Appropriate City officials or representative . --- -~.- Notice of Proposed Disposition Date: Employee Address Re: Disability Retirement of EMPLOYEE Dear - I have received the proposed disposition of dated , that with respect to your application, I certify to the PERS that Unless I hear from you or your designated representative that you do not agree with this proposed determination, it is my intention to implement this proposed disposition and certify it to the Public Employees' Retirement System within fifteen (15) calendar days of service of this letter. If you do not agree with the proposed disposition, you or your designated representative must so inform me in writing within fifteen (15) days from the date of service of this notice and specify in what specific respect you object and the reasons therefore. If you do not object to this proposed disposition, you waive your right to contest this disposition and you waive your right to a hearing concerning your application. Sincerely, City Manager cc: Appropriate City officials and representatives Applicant's attorney or other representative Certification of Disposition to PERS Date: Public Employees' Retirement System P. O. Box 942711 Sacramento, CA 94229-2711 Re: Disability Retirement of (Name of Employee) Social Security Number: Pursuant to the authority delegated to me on January 8, 1974 by Resolution 7142 of the City Council of the City of Chula (a copy which is attached), and after review of medical and other relevant evidence, I hereby make the following determinations concerning the employee's or the City's application for disability retirement: 1. Name is/is not substantially incapacitated for the performance of his/her duties in the position of Job Title for a permanent or extended and uncertain duration. 2. Such incapacity is/is not a result of injury or disease arising out of and in the course of his/her employment. 3. Name was/will be separated from hislher employment after expiration of leave rights under Government Code Sections 21163 and 21164 effective Date , and no dispute as to the expiration of such leave rights is pending. We are not offering a rehabilitation plan for Name. We are/are not aware of third party liability related to the injury which caused the disability. Sincerely, City Manager cc: Applicant Applicant's attorney or other representative Appropriate City officials _0.._.._----.-.-.' -0_- -- Notification of Informal Conference Date Employee Address Re: Disability Retirement of Employee Name Dear: This is to acknowledge receipt of your objection to the proposed disposition in this matter. An informal conference shall be held on~, Date, at Time at Location. You must attend any may be represented at your own expense. Sincerely, Human Resource Director or Designee cc: Employee's representative Appropriate City officials and representatives -..- Report of Findings and Conclusions Employee Name: Address: City Manager or Designee: Hearing Date: After hearing all the evidence, reviewing all exhibits and hearing arguments of the parties, I hereby find the following: Findings: (Include narrative report of findings) Conclusions: Final Disposition to PER5: Director of Human Resources or Designee Warning: Code of Civil Procedure Section 1094.6 and its 90-day statute of limitations governs appeal of this determination. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING DISABILITY RETIREMENT POLICY AND PROCEDURES FOR SAFETY MEMBERS WHEREAS, the city contracts with the California Public Employee's Retirement System (CalPERS) to provide sworn Police and Fire safety employees with retirement benefits under Government Code Section 21154; and WHEREAS, if an application for disability retirement is filed involving a sworn, safety employee, the determination of disability is the responsibility of the City; and WHEREAS, if there is a dispute concerning the claim for disability retirement, the employee is entitled to an evidentiary hearing before a final determination is made; and WHEREAS, there are currently no formal written procedures in place for handling applications for safety disability retirement and their approval and appeal; and WHEREAS, the attached policy puts into a formal policy format the procedures the City has employed for reviewing disability retirement applications and for appeals of the city's determination; and WHEREAS, the proposed policy has been reviewed and approved by the Police Officer's Association and International Association of Fire Fighters Local 2180. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the Disability Retirement Policy and Procedures for Safety Members, attached hereto and incorporated herein by reference as if set forth in full. Presented by Candy Emerson Director of Human Resources J, \Attorney\RESO\Disability Retirrement Policy COUNCIL AGENDA STATEMENT Item IL-f Meeting Date 4/9/02 ITEM TITLE: Resolution Amending the FY02 budget by reclassifYing two Fiscal Office Specialist in the Human Resources Department to Senior Fiscal Office Specialist and Amending the FY03 Spending Plan therefor. SUBMITTED BY: Director of Human Resources ~ REVIEWED BY: City Manager6'J--;,í'" (4/5th Vote: Yes --X- No--> ¡-,' SUMMARY: Council is being asked to amend the budget by approving reclassifications that are being recommended as the result of a request to review the two Fiscal Office Specialist positions in the Human Resources Department. RECOMMENDATION: Council adopt the resolution to amend the budget by approving the reclassification of the two Fiscal Office Specialist positions in the Human Resources Department, Risk Management Division, to be effective April 19, 2002 and amending the FY03 Spending Plan by Increasing Human Resources Department Personnel Services budget by $7,759 to be offset by a reduction in the Supplies and Services Budget. BOARDICOMMISSION RECOMMENDATION: NIA DISCUSSION: Position: Fiscal Office Specialist (Confidential) - two positions Department: Human Resources, Risk Management Division Recommendation: Reclassify two Fiscal Office Specialists to Senior Fiscal Office Specialists, Salary placement will increase to $38,24l(E) or 10% above the current salary, Discussion: In January 2001 an internal shift of duties occurred between two clerical positions in the Risk Management Division, The shift in duties was a result of division needs and an increase in workload in order to meet the division's payrolJ/benefit responsibilities, During the Classification Study, Shannon & Associates allocated both positions as Fiscal Office Specialist. This recommendation was largely based on the gradual transition of responsibilities incurred by the two incumbents, Consequently, after the full transition of duties and responsibilities had taken place, the division requested are-evaluation of both positions to address the full scope of duties now assigned, The incumbents' current classification is normally assigned a variety of fiscal clerical and general clerical duties at a more routine level usually within an assigned operating department. The Senior Fiscal Office Specialist classification that is distinguished within the series by the level of responsibility assumed and the complexity of the duties assigned typically performs the most Page 2, Item /4 Meeting Date 4/9102 difficult and responsible types of duties within the series. Both incumbents are assigned highly responsible fiscal clerical and general clerical duties that require specialized knowledge related to the preparation, maintenance and processing of department specific accounting records and financial transactions. In reviewing the responsibilities assigned, Human Resources stafffound the level of complexity and scope of duties assigned to both incumbents align more closely to those typically assigned to the Senior Fiscal Office Specialist classification. The main focus of the incumbents duties include establishing new hire records and posting into the payroll system, processing ofbi-weekly payroll transactions in accordance with MOU, setting up post-offer physicals, posting promotions, step increases, terminations, and life insurance deductions and beneficiaries information, reclassifications, out-of class pay, shift differential pay, uniform allowance, educational pay, bilingual pay and flexible spending account reimbursements. The incumbents are also responsible for generating various reports as it relates to their assigned duties such as CALPERS, Department of Motor Vehicles and reports to reconcile leave balance accrua], Flexible Spending Account (FSA) balances and other differential pays, along with reconciliation of life insurance records and preparation of direct payment requests. One incumbent is responsible for the monitoring of hourly employees retirement benefits (PARs) and reconciliation of payroll deductions Flexible Spending Accounts (via SASI). Additionally, this incumbent is also responsible for processing other benefit transactions such as the recording and paying of all COBRA and retiree health checks. Both incumbents must research and troubleshoot any payroll discrepancies and take corrective action. One incumbent is responsible for the review and processing of the City's DependentlMedicaWision (DMV) reimbursements requests and verifies that all expenditures are reimbursable per IRS regulations and guidelines. Also as part of the processing of new hires the incumbent must assess the required type of post-offer physical needed and contacts the medical provider to authorize a physica] examination and receives all physical results and notifies the hiring department. Both incumbents' positions demand a thorough understanding of City policies, Civil Service Rules, Memorandum of Understanding for various bargaining units and IRS guidelines. They are responsible for a wide range of citywide transactions that demand high level of accuracy and attention to detail; an error could result in over or under payment of employees that could entail numerous adjustments to correct. Based on the scope of duties described above it is recommended that the incumbents' positions be reclassified to Senior Fiscal Office Specialist level. Fiscal Impact: The adjustments will cost approximately $1 ,500 for the remainder ofFY 02. The department will be able to cover the ongoing cost increase through a reduction in their supply and services budget. _._.~ .-.__._-_.._~... -- ---.-. -- RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY02 BUDGET BY RECLASSIFYING TWO FISCAL OFFICE SPECIALIST IN THE HUMAN RESOURCES DEPARTMENT TO SENIOR FISCAL OFFICE SPECIALIST, AND AMENDING THE FY03 SPENDING PLAN THEREFOR WHEREAS, the addition of higher level duties and changes in level of authority and responsibility necessitates reclassification for the following classified positions: position: Fiscal Office Specialist (Confidential) - two positions Department: Human Resources, Risk Management Division Recommendation: Based on the scope of duties, it is recommended to reclassify two incumbents from Fiscal Office Specialist to Senior Fiscal Office specialists. Both incumbents' positions demand a thorough understanding of City policies, civil Service Rules, Memorandum of Understanding for various bargaining units and IRS guidelines. They are responsible for a wide range of citywide transactions that demand high level accuracy and attention to detail; an error could result in over or under payment of employees that could entail numerous adjustments to correct. The complexity of assignments handled by the incumbents are more aligned to the Senior Fiscal Office Specialist level of responsibility. The salary range will increase by 10% to an annual E-Step salary of $38,241. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby reclassify two Fiscal Office Specialist positions to Senior Fiscal Office Specialist in the Human Resources Department, Risk Management Division, effective April 19, 2002. BE IT FURTHER RESOLVED that the FY03 Spending Plan is hereby amended by increasing the Human Resources Department Personnel Services budget by $7,759 to be offset by a reduction in the Supplies and Services Budget. Presented by Approved as to form by ]j~K~~lL Candy Emerson Director of Human Resources City Attorney J\ATTORNEY\RESO\ ceda,,'fi,"'OO' 4-9 IAp"'2, 2002 11O26AMI] COUNCIL AGENDA STATEMENT Item IS Meeting Date 4/09/02 ITEM TITLE: Resolution Adopting Custodial Series Classification Study results. SUBMITTED BY: Director of Human Resources ~ REVIEWED BY: &IV -v (4/5th Vote: Yes..x.. No--> City Manager {.-i-Vl SUMMARY: Council is being asked to amend the budget by approving classification and compensation adjustments that are being recommended as the result of a Classification Study ofthe Custodial Series of positions. RECOMMENDATION: Council adopt the resolution to amend the budget by approving the Custodial Series Classification Study results including the reclassification of 16 Custodian I positions to a new Custodian classification, 4 Custodian I positions to a new Lead Custodian classification, and all 3 existing Custodian II positions to a new Senior Custodian, to be effective pay period beginning April 19, 2002. BOARD/COMMISSION RECOMMENDATION: NI A Discussion: The Human Resources Department recently completed the Custodial Series Classification Study, utilizing the same methods and terminology established throughout the Shannon & Associates review of the Clerical and Support Series of positions. The study involved 23 employees and two classifications, Custodian I & II. The study included a review of all work conducted by the custodial crews, the scope and complexity of assignments, and the administrative and supervisory responsibility of the positions. The study concluded a need for a new Senior Custodian classification responsible for planning, assigning, evaluating, and supervising the work of crews in a designated shift; these employees will also forecast and prepare for major cleaning projects, train new and current custodians, respond to emergencies, and participate in the early phases of employee disciplinary process. The study also resulted in the reclassification of the two existing levels 1T0m Custodian I & II, to Custodian and Lead Custodian; journey and advanced journey levels respectively. The compensation level for the new Lead Custodian classification is being recommended at 10% above Custodian, which is recommended to continue to be compensated at the current Custodian I classification level. The new Lead Custodian positions will be filled through a closed-promotional examination process. The compensation level for the new Senior Custodian classification is being recommended at 15% above the Lead Custodian classification, and the 3 incumbents in the Custodian II positions will be reclassified up to the new senior positions. -.-----.---.--.- - ----. - ----- ..---- - --- Page 2, Item /~ Meeting Date 4/09102 City staff and CVEA representatives have met and conferred over the impacts of this study and are in agreement. Fiscal Impact: The adjustments will cost approximately $7,959 for the remainder ofFY 02 and $32,035 for FY 03. It is anticipated that the Department of Public Works will be able to absorb this additional cost within their existing budget allocations. Attachment: Custodial Career Ladder, before and after the Classification Study. -.----.--------. -- Page 3, Item - Meeting Date 4/09/02 CUSTODIAL CAREER LADDER Prior to Classification Study After Classification Study Senior Custodian (First Line Supervisor) ¡ 15% Custodian II Lead Custodian (Advanced Journey/Lead) (Advanced Journey/Lead) j 10% 10% Custodian Custodian (Journey) (Journey) - -- -.- -.-...---..- .----. ------ --.-.-- RESOLUTION NO. 2002- ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CUSTODIAL SERIES CLASSIFICATION STUDY RESULTS WHEREAS, the Human Resources Department recently completed the Custodial Series Classification Study utilizing the same methods and terminology established throughout the Shannon & Associates review of the Clerical and support Series of positions; and WHEREAS, the study involved 23 employees and two classifications, Custodian I & II, and included a review of all work conducted by the custodial crews, the scope and complexity of assignments, and the administrative and supervisory responsibility of the positions; and WHEREAS, the study concluded a need for a new Senior Custodian classification responsible for planning, assigning, evaluating, and supervising the work of crews in a designated shift; and WHEREAS, the study also resulted in the reclassification of the two existing levels from Custodian I & II to Custodian and Lead Custodian; journey and advanced journey levels respectively; and WHEREAS, the compensation level for the new Lead Custodian classification is being recommended at 10% above Custodian, which is recommended to continue to be compensated at the current Custodian I Classification level; and WHEREAS, the new Lead Custodian positions will be filled through a closed-promotional examination process; and WHEREAS, the compensation level for the new Senior Custodian classification is being recommended at 15% above the Lead Custodian classification, and the 3 incumbents in the Custodian II positions will be reclassified up to the new senior positions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the Custodial Series Classification Study results including the reclassification of 16 Custodian I positions to a new Custodian classification, 4 Custodian I positions to a new Lead Custodian classification, and all 3 existing Custodian II positions to a new Senior Custodian, to be effective the pay period beginning April 19, 2002. Presented by Approved as to form by ( (}þ( ~ Candy Emerson Joh M. Kaheny Director of Human Resources C' y Attorney [J\ATTORNEYlRESQ\C"",f,cof"c Sfcdy Cc"cd,,' ",ceo [M,coh 29, 2002 [10 36AM[{ .:.:' .. COUNCIL AGENDA STATEMENT ITEM----LL MEETING DATE 04/09/02 ITEM TITLE: RESOLUTION REVISING THE CITY'S FAMILY AND MEDICAL LEAVE ACT POLICY PURSUANT TO LABOR CODE SECTION 4850 SUBMITTED BY: DIRECTOR OF HUMAN RESOURCESðY /'{;:-- REVIEWED BY: CITY MANAGER 'j:,t. pIV (415th Vote: Yes- No19 Pursuant to the revised Labor Code Section 4850 provisions, leave of absence taken by firefighters who are out on disability from injury or illness arising out of and in the course of employment will not constitute Family and Medical Leave, The City's Family and Medical Leave Act Policy is being revised to incorporate this change. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: On May 15, 2001, the City of Chula Vista Council approved the City's Family and Medical Leave Act (FMLA) Policy. FMLA was enacted to protect an employee's right to take time off from work for their own or family member's illness without fear of discrimination or retaliation by their employer. Labor Code Section 4850 entitles peace officers to a leave of absence while disabled, by injury or illness arising out of and in the course of his or her duties, without loss of salary in lieu of temporary disability payments or maintenance allowance payments, but not exceeding one year, or until earlier date as receiving disability pension payments. The recently revised Labor Code Section 4850 (e) added firefighters to this exception and states that: No leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, ()tÞY/:f.~!tY,~Æ.Ç¿~~tM¡(;¡tql$tf!!~~'tft~fl~I""JJ~(, shall be deemed to constitute family care and medica/leave, as defined in Section 12945.2 of the Government Code, or to reduce the time authorized for family care and medica/leave by Section 12945.2 of the Government Code. C:/My Documents/Agenda/2002 FMLA RevisionA113 .,.,.,,_._,- ---- ._.- The City's current FMLA Leave Policy requires an employee on FMLA leave to concurrently use paid accrued leave with the exception of peace officers who are out on 4850 leave. To comply with the change in the Labor Code, the City's FMLA Leave Policy is being revised to state that leave of absence taken by firefighters who are out on 4850 leave, will not constitute FMLA leave. This change has been incorporated in the FMLA Leave Policy under Section VI-C, Substitution of Paid Accrued Leave and is presented here for adoption. FISCAL IMPACT: None with this action. Attachment: A - Revised City of Chula Vista Family and Medical Leave Policy C:/My Documents/Agenda/2002 FMLA RevisionA 113 City of Chula Vista Family and Medical Leave Act (FMLA) Policy I. STATEMENT OF POLICY To the extent not already provided for under current leave policies and provisions, the City of Chula Vista will provide Family and Medical Care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Family Rights Act (CFRA). Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. /I. DEFINITlONS A. "12-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. B. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis (in place of parent). A child is "incapable of self-care" if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living - such as, caring for grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. C. "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. D. "Spouse" means a husband or wife as defined or recognized under California State Law for purposes of marriage. Page 1 0112 REV. March 2002 "' ~_._-~ ._._- City of Chula Vista Family and Medical Leave Act (FMLA) Policy E. "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves: 1) Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or 2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes anyone or more of the following: a) A period of incapacity (i.e., inability to work, or perform other regular daily activities due to serious health condition of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: i) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or Ii) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment. Page 2 of 12 REV. March 2002 m___- ------- ---..- City of Chula Vista Family and Medical Leave Act (FMLA) Policy b) Any period of incapacity due to pregnancy or for prenatal care. c) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: i) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and iii) May cause episodic rather than a continuing period incapacity (e.g., asthma, diabetes, epilepsy, etc). Absences for such incapacity qualify for leave even if the absence lasts only one day. d) A period of incapacity, which is permanent or long- term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. e) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. Page30f12 REV. March 2002 -----~_..._.- City of Chula Vista Family and Medical Leave Act (FMLA) Policy F. "Health Care Provider" means: 1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; 2) Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition; 3) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; 4) Nurse practitioners, nurse-midwives and clinical social workers who are authorized to practice under California State Law and who are performing within the scope of their practice as defined under California State Law; 5) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and 6) Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. III. REASONS FOR LEA VE Leave is only permitted for the following reasons: 1) The birth of a child or to care for a newborn of an employee; 2) The placement of a child with an employee in connection with the adoption or foster care of a child; 3) Leave to care for a child, parent or a spouse who has a serious health condition; or Page 4 of 12 REV. March 2002 ._----_..~._-, ,_.,- City of Chula Vista Family and Medical Leave Act (FMLA) Policy 4) Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. IV. EMPLOYEES ELIGIBLE FOR LEA VE An employee is eligible for leave if the employee: 1. Has been employed for at least 12 months; and 2. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. V. AMOUNT OF LEA VE Eligible employees are entitled to a total of 12 workweeks of leave during any 12- month period. A. Duration of Leave The leave can be taken at one time, intermittently or on a reduced schedule up to 12 workweeks or until the FMLA condition ends, whichever comes first. If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. B. Spouses Both Employed By the City of Chula Vista In any case in which a husband and wife both employed by the City of Chula Vista are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (Le., bonding leave). This limitation does not apply to any other type of leave under this policy. Page 5 of 12 REV. March 2002 City of Chula Vista Family and Medical Leave Act (FMLA) Policy VI. SUBSTITUTION OF PAID ACCRUED LEA VES While on leave under this policy, as set forth herein, the City of Chula Vista will require the employee to concurrently use applicable paid accrued leaves. A. Employee's Right to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation, floating holiday, administrative leave, compensatory time, that paid leave must be substituted for all or part of any (otherwise) unpaid leave under this policy. B. City of Chula Vista's Right to Require An Employee To Use Paid Leave When Using FMLA/CFRA Leave Employees must exhaust their accrued leaves concurrently with FMLAlCFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLAlCFRA leave with two exceptions: 1. Employees are not required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act (FLSA). However, the employee may elect to use FLSA compensatory time for an FMLA reason, and such time off shall be counted as FMLA leave; and 2. Employees will only be required to use sick leave concurrently with FMLAlCFRA leave if the leave is for the employee's own serious health condition or to take care of a spouse, parent or child with serious health condition. The maximum allowable Sick Leave usage for male employees to bond with a newborn child and care for their spouse immediately after giving birth is 40 hours. If the employee's spouse or child has a serious health condition that requires assistance for basic medical and personal needs, the employee may request additional Sick Leave. Page60f12 REV. March 2002 City of Chula Vista Family and Medical Leave Act (FMLA) Policy C. City of Chula Vista's Right to Require An Employee To Exhaust FMLAlCFRA Leave Concurrently With Other Leaves If an employee takes a leave of absence for any reason which is FMLAlCFRA qualifying, the City of Chula Vista will designate that leave as running concurrently with the employee's 12-week FMLAlCFRA leave entitlement. The only exception is for peace officers who are on leave pursuant to Labor Code 4850. D. City of Chula Vista and Employee's Rights If An Employee Requests Accrued Leave Without Mentioning Either the FMLA orCFRA If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLAlCFRA qualifying purpose, the City of Chula Vista may not ask the employee if the leave is for a FMLAlCFRA qualifying purpose. However, if the City of Chula Vista denies the employee's request and the employee provides information that the requested time off is for a FMLAlCFRA qualifying purpose, the City of Chula Vista may inquire further into the reason for the absence. If the reason is FMLAlCFRA qualifying, the City of Chula Vista will require the employee to exhaust accrued leave as described above. VI/. EMPLOYEE BENEFITS WHILE ON LEA VE While on FMLA leave, the employee will continue to be covered by the City of Chula Vista Flexible Benefit Plan to the same extent as coverage would have provided if the employee had been employed continuously during the entire FMLA period. FMLA Paid Leave An employee who requests leave and is eligible for paid leave under the City's paid leave provisions, and who qualifies for and is approved for FMLA, shall be on FMLA Paid Leave. The City's Flexible Allotment for the employee and the employees' payroll deduction for all insurance premiums, shall continue during the period of FMLA Paid Leave in order to continue all the employee's insurance coverage. Page 7 of 12 REV. March 2002 City of Chula Vista Family and Medical Leave Act (FMLA) Policy FMLA Unpaid Leave An employee who requests leave and is not eligible for paid leave under the City's paid leave provisions, but who qualifies for and is approved for FMLA, shall be on FMLA Unpaid Leave. During the period that an employee is on FMLA Unpaid Leave, the City shall continue to make its Flexible Allotment contributions for the employee and shall maintain all other group insurance benefits, including Flexible Spending Accounts, in accordance with Internal Revenue Service (IRS) Section 125. If the employee has out-of-pocket contributions, the City shall pay the insurance payments on behalf of the employee on an advance basis in order to maintain all of the employee's insurance coverage. The employee shall continue to be obligated for these premiums and shall reimburse the City for the payments upon the employee's return to work from leave through payroll deductions. The amount of each added payroll deduction shall be equal to the amount of each separate premium not paid by the employee. This added payroll deduction shall be entered on each of the employee's biweekly paycheck until the full amount of the premiums is paid in full. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City of Chula Vista shall have the right to recover its share of insurance premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstance beyond the employee's control. The City of Chula Vista shall have the right to recover premiums through the deduction from any sums due to the employee from any required payoffs owed to the employee from vacation or sick leave balances. If at the time of the employee's termination, there is not enough money in the final check to cover the outstanding balance, the employee will be responsible for paying the balance. Any unpaid balance at the end of the repayment schedule will be referred to collections. VlIl. MEDICAL CERTlFICA TlON Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City of Chula Vista. Page 8 of 12 REV. March 2002 ----- City of Chula Vista Family and Medical Leave Act (FMLA) Policy If the leave is requested because of the employee's own serious health condition, their certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. A. Time To Provide A Certification When an employee's leave is foreseeable and at least 30 days notice has been provided, the employee must provide the medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City of Chula Vista within the time frame requested by the City of Chula Vista, unless it is not practicable under the particular circumstances to do despite the employee's diligent, good faith efforts. B. Consequences For Failure To Provide An Adequate Or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City of Chula Vista may delay the taking of FMLAlCFRA leave until the required certification is provided. C. Recertification If the City of Chula Vista has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City of Chula Vista. If the second opinion is different from the first, the City of Chula Vista may require the opinion of a third provider jointly approved by the City of Chula Vista and the employee, but paid for by the City of Chula Vista. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave Or Leave On A Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means that there must be a medical need for the leave, and Page g of 12 REV. March 2002 City of Chula Vista Family and Medical Leave Act (FMLA) Policy that the leave can best be accomplished through an intermittent or reduced leave schedule. IX. EMPLOYEE NOTICE OF LEA VE Although the City of Chula Vista recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City of Chula Vista determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City of Chula Vista may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. X. REINSTATEMENT UPON RETURN FROM LEA VE A. Right To Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLNCFRA period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City of Chula Vista, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. Page100f12 REV. March 2002 H......" -----------.- -.-- City of Chula Vista Family and Medical Leave Act (FMLA) Policy B. Employee's Obligation To Periodically Report On HislHer Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Fitness For Duty Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform hislher job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. D. Reinstatement Of "Key Employees" The City of Chula Vista may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City of Chula Vista), if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City of Chula Vista, and the employee is notified of the City of Chula Vista's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. XI. REQUIRED FORMS Employees must fill out the following applicable forms in connection with leave under this policy: 1. Application for Family and Medical Leave Form (HR147) - NOTE: Employee will receive a response from the City of Chula Vista to their request which will set forth certain conditions of the leave; 2. Health Care Provider Certification (HR234)- Either for the employee's own serious health condition or for the serious health condition of a child, parent or spouse; 3. FMLA Repayment Agreement (HR242) - Authorization for payroll deductions for benefit plan coverage continuation; and 4. Family and Medical Leave Return to Work Certification (HR241) Page110f12 REV. March 2002 .,."-." ,--- -"".- City of Chula Vista Family and Medical Leave Act (FMLA) Policy Xli. Relationship Between Pregnancy Disability Leave and FMLA Leave Pregnancy Leave will be administered in accordance with the California Fair Employment and Housing Act Sections 7291.2 through 7291.16. A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy or a pregnancy-related condition. The City of Chula Vista will count the employee's pregnancy disability leave toward her FMLA entitlement. XII/. Relationship Between CFRA, Pregnancy Disability Leave and FMLA Leave The right to take a pregnancy disability leave is separate and distinct from the right to take a CFRA leave under the California Family Rights Act. At the end of the employee's period(s) of pregnancy disability, or at the end of four months pregnancy disability leave, whichever occurs first, a CFRA- eligible employee may request to take CFRA leave of up to 12 workweeks for reason of the birth of her child. There is no requirement that either the employee or the child have a serious health condition in order for the employee to take CFRA leave. The maximum possible combined statutory leave entitlement for CFRNFMLA employees for both pregnancy disability leave and CFRA leave for reason of the birth of the child is four months and 12 workweeks. This assumes that the employee is disabled by pregnancy for four months and then requests, and is eligible for a 12-week CFRA leave for reason of the birth of her child. Page 120f12 REV. March 2002 .,--_.- RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISING THE CITY'S FAMILY AND MEDICAL LEAVE ACT POLICY PURSUANT TO LABOR CODE SECTION 4850 WHEREAS, on May 15, 2002, the city of Chula vista approved the city's Family and Medical Leave Act (FMLA) Policy in order to protect an employee's right to take time off from work for their own or family member's illness without fear of discrimination or retaliation by their employer; and WHEREAS, Labor Code Section 4850 entitles peace officers to a leave of absence while disabled, by injury or illness arising out of and in the course of his or her duties, without loss of salary in lieu of temporary disability payments or maintenance allowance payment, but not exceeding one year, or until earlier date as receiving disability pension payments; and WHEREAS, Labor Code section 4850 has been revised and pursuant to the its provisions, leave of absence taken by firefighters who are out on disability from injury or illness arising out of and in the course of employment will not constitute Family and Medical Leave; and WHEREAS, the City's Family and Medical Leave Act Policy is being revised to incorporate this change. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby adopt the revised city's Family and Medical Leave Act Policy pursuant to Labor Code Section 4850, attached hereto as Attachment A and incorporated herein by reference as if set forth in full. Presented by Approved as to form by ~ 1k>R- Candy Emerson Director of Human Resources City Attorney J,\Attorney\RESO\FMLA policy (rev) , COUNCIL AGENDA STATEMENT Item:~ Meeting Date: 4/9/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista, California, Approving the Memorandum of Understanding between the City of Chula Vista/Chula Vista Nature Center and the San Diego Natural History M"e"m '"' ""ho~ Mayoc to ""oc"", the _g"",m,"' SUBMITTED BY: Nature Center Dire REVIEWED BY: City ManagerGJÞìív j ¡' ' (415ths Vote: Yes- NolO RECOMMENDATION: That the Council adopt the Resolution. The San Diego Natural History Museum has been a long-term informal partner with the Chula Vista Nature Center. Both institutions desire to formalize this partnership in order to increase cooperation in their efforts to promote understanding and conservation of the natural world. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: In recent years, the San Diego Natural History Museum (NHM) has partnered on an informal level with the Chula Vista Nature Center (CVNC) on a number of projects. These have included co-sponsorship of field trips, Nature Center staff assistance in preparing a strategic plan for the Natural History Museum, provision of specialized docent training by Nature Center staff, hosting of NHM special events at the CVNC, and design/fabrication of interpretation for Nature Center exhibits. There are many models which clearly demonstrate the success that can be achieved by participating institutions when they engage in efforts such as co-missioning and co-marketing. In an effort to increase cooperation in their efforts to promote understanding and conservation of the natural world, the NHM and CVNC desire to formalize their partnership through an MOU which delineates coopertive efforts in the following areas: . Cross-Promotion/Co-marketing, whereby both institutions agree to use publications, exhibit space, and member lists (where appropriate) to acquaint each institution's visitors and supporters with opportunities to deepen their experience with the natural world through visitation of the other institution and through jointly sponsored activities, events, and tours. . Sharing of Docents and Volunteer Staff, whereby both institutions agree to inform each other of mutually-beneficial opportunities for volunteer training and enrichment, as well as needs which could be filled with qualified volunteers from either facility. . Facility Space, whereby both institutions agree to explore opportunities to cooperatively and efficiently use their physical facilities for education, training, special events, retreats, and meetings. / ..--..----. ------. Item#: /7 Meeting Date: 4/9/02 The San Diego Natural History Museum and the Chula Vista Nature Center staff have the firm belief that their institutions can use this special partnership to further their missions in creative, productive, and meaningful ways which serve the best interests of our region, its residents, and visitors. FISCAL IMPACT: There is no direct fiscal impact of this action. It is anticipated that there will continue to be positive overall impacts in the exchange of services, expertise, volunteers, and information, and in cross-promotionallco-marketing activities. ..._'._0. -."-.-. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA/CHULA VISTA NATURE CENTER AND THE SAN DIEGO NATURAL HISTORY MUSEUM AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the San Diego Natural History Museum has been a long-term informal partner with the Chula Vista Nature Center; and WHEREAS, both institutions desire to formalize this partnership in order to increase cooperation in their efforts to promote understanding and conservation of the natural world. NOW, THEREFORE, BE IT RESOLVED the City Council of the Clty of Chula Vista does hereby approve the Memorandum of Understanding ("MOU") between the City of Chula Vista/Chula Vista Nature Center and the San Diego Natural History Museum, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Dan Beintema Nature Center Director J, IAttoroeylRESOIMOU so History Museum. doc . .-.-------. THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ß!~~~ City Attorney Dated: ,!'-¿¡I?~Od / -0' MEMORANDUM OF UNDERSTANDING between City ofChula Vista/Chula Vista Nature Center and the San Diego Natural History Museum February 7,2002 The Board of Trustees of the San Diego Natural History Museum and the City Council of the City ofChula Vista, on behalf of the Chula Vista Nature Center, have identified mutually held goals as expressed by their mission statements: The mission ofthe Clmla Vista Nature Center is to serve the public by providing a quality nature centerl .iving museum in order to promote coastal resource conservation and environmental stewardship through education. The mission of the Still Diego Natural History Museum is to interpret the natural world through research, education, and exhibits; to promote understanding of the evolution and diversi ty of southern California and the peninsula of Baja California; and to inspire in all people respect for the environment. Recognizing this common ground, the two institutions have agreed to join as partners in their efforts to promote understan:ling and conservation of the natural world. This partnership includes but is not limited to cooperalive efforts in the following areas: Cross-promotion and co-marketing, whereby both institutions agree to use publications, exhibit space, and member lists (where appropriate) to acquaint each institution's visitors and supporters with opportunities to deepen their experiencè with the natural world through visitation of the other institution and through jointly sponsored activities, events, and tours. Sharing of docents and vol unteer staff, whereby both institutions agree to inform each other of mutually bereeficial opportunities for volunteer training and enrichment, as well as needs that could be fil ed with qualified volunteers from either facility. Facility space, whereby b0111 institutions agree to explore opportunities to cooperatively and efficiently use their physica facilities for education, training, special events, retreats, and meetmgs. To this end, the San Diego :'Jatural History Museum and the City of Chula Vista/Chula Vista Nature Center endorse this memorandum of understanding with the firm belief that our institutions can further theil missions in a creative, productive, and meaningful partnership that ,=~ ,"0 b~, b",,~" of <," regi"". i" re,id~". Mlii r~ Shirley Horton, Mayor Charlotte Chandler, President City of Chula Vista Board of Trustees Approved as to form b >' San Diego Natural History Museum John M. Kaheny, City Attorney '-7 , -.-..-----------.'---.-------. CITY COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 4/9/02 ITEM TITLE: (a) Resolution Approving an Application for Grant Funds to the State of California Department of Parks and Recreation for Capital Improvements at the Chula Vista Nature Center. (b) Resolution Accepting a Grant in the Amount of $147,750 from the State of California Department of Parks and Recreation Local Grant Project for the Chula Vista Nature Center, Shark and Ray Exhibit; Appropriating $147,750 to CIP No. GGl76 based on Unanticipated Grant Revenue; and Authorizing the Nature Center Director or his/her designee, to Execute the Project Agreement and Process the Project. SUBMITTED BY: Nature Center Directort~ ¡Ø REVIEWED BY: City ManagcCI?- -eJ V (4/SthsVote: Yes-LNo_) 'Ç~ 'Q' The City of Chula Vista has received noticc (Attachment A) of the award of grant funds from the State of California in the amount of $147,750 for improvements to the Chula Vista Nature Center. The funds are proposed to be used for the security and ADA access elements of the construction of the new shark and ray exhibit. The City must now submit an application for these grant funds to the State of California, Department of Parks and Recreation, in order to receive the funds. The State of California's grant process provides for concurrent grant application and acceptance. RECOMMENDATION: That the City Council adopt the Resolution(s): 1. Approving the application to the State of California, Department of Parks and Recreation, for the grant funds for the improvement of the Chula Vista Nature Center; and 2. Accepting the grant in the amount of $147,750 from the State of California, Department of Parks and Recreation; and 3. Appropriating $147,750 to crp No. GG176 based on Unanticipated Grant Revenue; and 4. Authorizing the Nature Ccnter Director, or his/her designee, to execute the Project Agreement and Process the Project. BOARDS/COMMISSIONS RECOMMENDATION: NIA DISCUSSION: The Legislature and the Governor approved the grant funds for FY 01/02, based LlpOn Icgislative grants from various sources, for project(s) at the Chula Vista Nature Center. The recommended project is the improvement of the shark and ray exhibit (Project). The Project includes the construction of a new state-of-the-art exhibit for education on coastal resource conscrvation, urban run-off/watershed pollution, and San Diego Bay wetland habitats. Specifically, these grant funds would be used to fund the ADA access and exhibit security elemcnts of the Project. ._--- ."- Item II , Page 2 Meeting Date: 4/9/02 FISCAL IMPACT: The State of California Legislature has awarded the City of Chula Vista $147,750 in grant funds, disbursed through the State of California Parks and Recreation Department. Approval of this item will authorize the expenditure of these funds for GG 176, thereby significantly reducing the need for funds for this project from other City sources. Staff will be returning to the City Council within the next month to request funding necessary to complete the project. Attachments: A - State of California Project Update letter B - Agreement L - --- - .--..- .-----.-..-. ----. - --- lIJ/lI7/2002 13:18 FA!. 16193976250 C1TY OF CV 141 001 -. Gray Cayi., Governor Rusty Arelas. Director (916) 653-1423 < ( March 4, 2002 Andy Campbell Director of Building and Park Construction City of Chura Vista 1800 Maxwell Road Chula Vista, CA 91911 SUbject: Update of your General Fl/nc1 project(s) Dear Andy Campbell: GF-37-054 Loma Verde Park Pool $482.6:JO GF-37-018 Nature Center & Junior Museum $216,700 Fund3 forthc above referenced project(s) ara.still 'aviililåble to you. They are not affected by the 2001-02 Parks Local Project Reduction Plan approved by the Govemor. You may proceed with your project. GF-37-084 NATURE INTERPRETIVE CENTER $147,750 GF-37-O83 OTAY PARK $83,725 Thl:! award notification letter for the above reference project(s) incorrectly stated the fund availability dates. You must encumber the funds by June 30, 2003 rather than June 30,2004. To encumber the funds, you must submit a complete application to this office. The funds must be expended by June 30, 2005. We apologize for any inconvenience this has caused you. li6ts of the General Fund projects to be reverted are available on the Department of Finance's web site at www.dur.(;C:i.yuv/HTMUBUD_Do~PARKSRed.pdf. If you have any questions about your project(s), please call your project officer, Steve Shiflett at (916) 651-8457 or email at sshif@parks.ca.aov. Sincerely, c9~7~þ Od", T. Killg, Jr., Manager Gmntô Admìniotn:1tíon -_..- .--.- Project Contract Special Provisions General Provisions A. Definitions 1. The term "State" and used herein means the Califomia State Department of Parks and Recreation. 2. The term"Acf' as used herein means the Appropriation for the Program. 3. The term "Project" as used herein means the Project described on page 1 of this contract. 4. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. 5. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation andlor program. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Grantee a sum of money (grant moneys) not to exceed the amount stated on page 1 in conslderaüon of and on condiüon that the sum be expended in canying out the purposes as set forth in the Description of Project on page 1 and under the terms and condiüons set forth in this Contract. Grantee shall assume any obligation to fumish any addiüonal funds that may be necessary to complete the Project. My modification or alteraüon in the Project as set forth in the Applicaüon on fiie with the State must be submitted to the State for approval. 2. Grantee shall complete the Project in accordance with the time of Project Pertormance set forth on page 1, and under the terms and condiüons of this Contract. 3. Grantee shall comply as lead agency with the Califomia Environmental Quality Act (Public Resources Code, Section 21000, et seq.) 4. If the Project includes development, the Grantee shall comply with all applicable current laws and regulations effecting development projects, including, but not limited to, legal requirements for construction contracts, building codes health and sate codes, and disabled access laws. 5, Grantee shall permit periodic sne visits by the State to determine if development work is in accordance with the approved Project Scope including a final inspection upon Project completion. 6. Grantee shall submit any significant deviaüon from the original Project Scope to the State for prior approval. 7. If the Project includes acquisitioo of real property, the Grantee shall comply with all applicable state and local laws or ordinances effecting relocation and real property acquisiüon. 8. Grantee shall provide for public access in accordance with the intent and provisions of the enabling legislation andlor program. 12 C Project Costs The Grant moneys to be provided Grantee under this Contract may be disbursed as follows: 1. If the Project indudes acquisition of real property, the State may disburse to Grantee the grant moneys as follows, but not to exceed In any event the State grant amount set forth on page 1 of this Contract a. When aCOUlsition is through negotiated purchase, State may disburse the amount of the State approved purchase price together with State approved costs of acqUlsilion when an escrow is opened. b. When acouisitJon is allowed pursuant to proceedings in eminent domain, State may disburse the amount of the total awanJ as provided for in the final onJer of condemnation together with State approved costs of acquisition. c. In the event Grantee abandons such eminent domain proceedings, Grantee shall bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2. If the Project indudes development, the State may disburse to Grantee the grant moneys as follows, but not to exceed in any event the State grant amount set forth of page 1 of this Contract a. Up to ten percent of the total grant for preliminary costs. b. On proof of awanJ of a construction contract or commencement of construction by force account, up to ninety percent of the total grant, or the actual cost, whichever is less. c. Remaining grant funds shall be paid up to the amount of the Grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. 0. Project Administration 1. Grantee shall promptly submit such reports as the State may request, In eny event Grantee shall provide State a report showing total final P¡;oject expenditures. 2. Grantee shall make property and fadlities acquired or developed pu",uant to this Contract available for inspection upon request by the State. 3. Grantee shall use any moneys advanced by the State under the tenns of this Contract solely for the Project herein described. 4. tt grant moneys are advanced, the Grantee shall place moneys in a separate interest bearing account, setting up and identifying such account prior 10 the advance, interest eamed on grant moneys shall be used on the Project or paid to the State. If grant moneys are advanced and not expended, the unused portion of the Grant shell be returned to the State within 60 days of completion of the Project or end of the Project Perfonnance Period, whichever is earlier. 5. Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, tt approved by the State, for related purposes within the Grantee's junsdiction. E. Project Termination 1, Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement thiS Contract may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the lenns of this Contract may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Grantee to comply with the terms of this Contract shell not be cause for the suspension of all obligations .ofthe State hereunder tt in the judgment of the State such failure was'due to no faun of the Grantee, In such case, any amount required to settie al minimum cost any irrevocabie obligations properly incurred shall be eligible for retmbu",ement under this Contract. 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the tenns of this Contract, is the preservation, protection and net increase in the quantity and quality of parKs, public recreation facilities and/or historical resources available to the people of the State of Califomia and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money fumished by the State by way of granl moneys under the provisions of this egreement, the Grantee agrees that payment by the Grantee to the Stale of an amount equal to the amount of the grant moneys disbu",ed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate 13 .._- -.-. --'-..-.-' -..--.- remeav 10 the event 0; e breeCh b,' tne Grentee cc !nIs ::an",:: shal: De tne sae:i,,: pe,iDrmen:e ac tnis ::an:ra:. unless atnerwlSe agreed to Dv tne SIale . Grantee and State agree trJ2: if tne ~ro!e:t In:iudes Deveioo,-ne":, i,n,,1 cavmen: ma'.' no: oe mace unli' tne ~rale:: coniarms s"aStantially 10 tn" ::on"", " . r. Holo Harmless Grantee shali waive all claims and recourse agalns: tne Stal: mciudlng tne right ta conthouÌlon ia,- ioss 0'- damage to persons or property ansmg irorr;, growIng aut a' 0'- in an" way conneCled with 0'- indDent to this Comra:: except claims anslng from the concurrent ar sOle negilgence of SIate. Its officers, agentS, and employees. 2. Grantee shall inoemnify, hold harmiess an: oeiend State, its officers, agentS and emplayees egams: ant' ane all claims demands, damages, casts, expenses o'liabiliiy costs arising ou: of tna acouisition, ooveiopmen!, COnstruction, operation or maintonanoe of t10 property oosonpe: as tne Project wnloh claims, oemands or causes pf aotion anso under Government Code Section 8952 or otherwIse except jar Iladilfly arising out of the concurrent œ solo negirgence of State, iis officers, agenis, or empioyeos. 3. Grantee agrees that in the event State is named as codefendant under the provisions of Govemmon: Code Soctian 895 et seq" the Grantee shall natiíy State of sucn fad and shall "'-oresent State in tne tegal action unless State undenakes to represent itself as codefendant in su::h logal action in which event Stato shall bear its own titigation cosis, expenses, and attomey's fees. 4. Grantee and State agree that in the event of judgment engred against the State and Grantee bocause of tho concurrent negligence of the State and Granteo, tneir offloers, agents, Or employees, an apportJonmont of liability to pay such judgment shall be made by a court of competent jurisdictIon, Ne~ner party shall request a ju/)' apportIOnment 5. Grantee shall indemnify, hold harmless and deiend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs ahsing out of legal actions pursuant tD Items to whioh tho Grantee has certified. Grantee acknowledges that" IS solely resppnsible for comphance with oems to whIch It has certified G, Financial Records L Grantee shall maintain satisfactOl)' finanda' accounts, documents and records for the Project and to make them available to the state for audITing at reasonable times Grantee also agrees to retain such finandal accounts, documents and records for three years following Project tomlination or completion. Grantee and State agree that during regular office hours each of the parties hareto and their duty authorized representatives shall have the hght to inspeot and make COpIes of any books, records or reports of the other party pertaining to this Contract or matters related thereto. Grantee snail maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect 10 its activities under this Contract 2. Applicant shall use a generally accepted accounting system. H, Nondiscrimination 1, The Grantee shall not discriminate against any person on the basis of sex, race, color, national ongin, age, rehgion, ancestry, Or physical handicap in the use of any property or facility acquired or developed pursuant to this Contract 2. Tne Grantee shall not dIscnminate against any person on the basis of residence except to the extent that reasonable differences in admission or other lees may be maintained on the basis of resident and pursuant to law, 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Contract or under provisions of the enabling legislation and/or program L Application Incorpocation The Appiioation and any subsequent change 0,- addition appmv,d by the Stale is hereby Incorporated in this Contract as though set forth in lull in this Conlrac! J. Sevecability If any Provision of this Contract or the apptication thereof is held invaild, that invalidity shall not affect ether provisions or applications ofthe Centrad which can be given effect without the invalid provision or application, and to this end th, provisions of this Contract are severable. 14 ---,. --- RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS TO THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR CAPITAL IMPROVEMENTS AT THE CHULA VISTA NATURE CENTER WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant proj ect, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the City of Chula Vista/Nature Center (Grantee) to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the Grantee will enter into a contract with the State of California for subject projects(s). NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby: 1. Approve the filing of an application for local assistance for the above project(s). 2. Certify that Grantee understands the assurances and certification in the application form. 3. Certify that Grantee has or will have sufficient funds to operate and maintain the project. 4. Certify that Grantee has reviewed and understands the General provisions contained in the Project Contract as shown in the Procedural Guide. 5. Appoint the Nature Center Director or his/her designee as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. Presented by Approved as to form by , Dan Beintema Nature Center Director J. \Attorney\RESO\GRANT Application Shark and Ray. doc /" ,) State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION API'LiCATION FOR LOCAL ASSISTANCE GRANT PROJECT NAME GRANT AMOUNT $ Nature Interpretive Center 147 7~O (Chula Vista Nature Center) ESTIMATED TOTAL PROJECT COST (Slate Grant and other funds) $900,bOO GRANTEE (Agency and address-incli,ding zip code) COUNTY NEAREST CiTY City of Chula Vista San Diego Chula Vista 276 Fourth Ave PROJECT ADDRESS Chula Vista, CA 91910 1000 Gunpowder Point Drive, Chula Vista NEAREST CROSS STREET 'E' Street/I-5 SENATE DISTRICT NO. ASSEMBLY DISTRICT NO. 40th 79th Grantee's Representative Authorized .in Resoiution Daniel D. Beintema Director (619) 409-5902 Name (type) -~-- Title Phone Person with day-day responsibility fo project (if differenl from authorized representative) Name(type) Title Phone Brief description of project Improvements to the SaD Diego Bay and Wetland Habitat Conservation exhibit to enable disabled access in compliance with the ADA, and to improve physical security. For Dev. projects Land Tenure - Pro!"ct is: ~_acres: For Acquisition projects-Projects will be _acres _Acres owned in fee simpie by Grant Applicant __Acquired in fee simple by Grant Applicant ~Acres availableundera_tnde~j@{iease _Acquired in other than fee simple (expiain)~ _Acres other interest (expiain) I certify that the information containel i in this project application form, inciuding required attachments, is accurate. ~ ,;:;' , / r Signed . R r'¡.sen alive as shown In Resolution Date S RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $147,750 FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION LOCAL GRANT PROJECT FOR THE CHULA VISTA NATURE CENTER, SHARK AND RAY EXHIBIT; APPROPRIATING $147,750 TO CIP NO. GG176 BASED ON UNANTICIPATED GRANT REVENUE AND AUTHORIZING THE NATURE CENTER DIRECTOR OR HIS/HER DESIGNEE, TO EXECUTE THE PROJECT AGREEMENT AND PROCESS THE PROJECT WHEREAS, the City of Chula vista has received notice of the award of grant funds from the State of California in the amount of $147,750 for improvements to the Chula Vista Nature Center; and WHEREAS, the funds are proposed to be used for the security and ADA access elements of the construction of the new shark and ray exhibit; and WHEREAS, the City must now submit an application for these grant funds to the State of California, Department of Parks and Recreation, in order to receive the funds; and WHEREAS, the State of California's grant process provides for concurrent grant application and acceptance. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept a grant in the amount of $147,750 from the State of California Department of Parks and Recreation Local Grant Project for the Chula vista Nature Center, Shark and Ray Exhibit. BE IT FURTHER RESOLVED that the sum of $147,750 is hereby appropriated to CIP No. GG176 based on unanticipated grant revenue. BE IT FURTHER RESOLVED that the Nature Center Director or his/her designee, is hereby authorized and directed to execute the project agreement and process the project on behalf of the City of Chula vista. Presented by Approved as to form by Dan Beintema Nature Center Director J, \Attorney\RESO\GRANT Acceptance Shark and Ray. doc / / CITY COUNCIL AGENDA STATEMENT Item: 1'1 Meeting Date: 4/9/02 ITEM TITLE: Public Hearing: PCC-02-43, Amendment to Conditional Use Permit and Precise Plan PCC-74-27 to add 12,900 square feet to an existing building and to relocate and enlarge (from 6,000 to 12,000 gallons) an existing underground storage fuel tank. Applicant: Pacific Bell Resolution: of the City Council of the City of Chula Vista adopting Mitigated Negative Declaration IS-02-l7, and granting a Conditional Use Permit, PCC-02-43, to Pacific Bell, which amends Conditional Use Permit and Precise Plan PCC-74-27 and allows a l2,900-square-foot building addition and enlarged underground storage fuel tank at 1090 Apache Drive. SUBMITTED BY: Director of Planning and Building ~ REVIEWED BY: City Manager ¥; Dtl-- (4/5ths Vote: Yes_No ~ The proposed project is a request to amend an existing conditional use permit and Precise Plan by enlarging a 17, l80-square-foot telecommunication switching facility to 30,080-square-feet, and enlarging and relocating an underground storage fuel tank on the site at 1090 Apache Drive. In accordance with the California Environmental Quality Act (CEQA), city staff conducted an Initial Study (IS-02-l7) of possible environmental impacts associated with this project, and the city's environmental review coordinator concluded that, with appropriate mitigation measures, there would be no significant environmental impacts. Therefore, a Mitigated Negative Declaration has been prepared by city staff and will be considered by the City Council, prior to consideration of the project. BOARDS/COMMISSIONS RECOMMENDATION: On March 4, 2002, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of the Mitigated Negative Declaration. On March 13, 2002, this project was brought before the Planning Commission, who voted 4-0-0-3 to adopt Resolution PCC-02-43, which recommends that the City Council adopt the Mitigated Negative Declaration (IS-02-l7) and approve the Conditional Use Permit for PCC-02-43 (see minutes, Attachment 3). RECOMMENDATION: That the City Council approve the resolution adopting the Mitigated Negative Declaration (IS-0l-059, Attachment 5) prepared for this project, and approving the CUP (PCC-02-43) to amend Conditional Use Permit and Precise Plan PCC-74-27. /'1-/ ~ ~_U~-~- ~._._._- --. Page 2, Item: Meeting Date: 4/9/02 DISCUSSION: 1. Site Characteristics The 2.79-acre project site on the northwest comer of Telegraph Canyon Road and Apache Drive is currently developed with a two-story building enclosing a telecommunication switching facility. The structure is built into a 25-foot-high slope along Telegraph Canyon Road; thus, only the second story of the building is visible 1T0m the road. The project site contains a 6,000-gallon capacity Underground Storage Fuel Tank (UST), landscaped areas, and a partially paved, six-stall parking lot. A six-foot-high chain link fence encloses the parking lot, which has an electronic gate at the entrance to the site, along Apache Drive. The site is adjacent to open space and/or residential developments in all four directions. 2. General Plan, Zoning and Land Use General Plan Zoning Current Land Use Site: Open Space PCPQ Pacific Bell Switching Station North: Residential, Medium PCR-3 Charter Point Multi-Family (6-11 dulgross acre) South: Open Space PC-OS Vacant East: Open Space PC-OS Vacant West: Open Space PC-OS Vacant 3. Proposal The project consists of a 12,900-square-foot, two-story building addition along the west end of the existing building. The proposed addition will be used for an equipment room on the first floor, and record storage on the second floor. The equipment room addition will accommodate a larger engine to meet the high demand for phone services in eastern Chula Vista. The project also consists of removing a 6,000-gallon Underground Storage Tank (UST) and replacing it with a l2,OOO-gallon UST in a different location. The tank is necessary to provide fuel to the emergency electric generator system required for such facilities. Eight new parking spaces will be added, for a total of 14. 4. Analysis Development under the PC zone requires both Planning Commission and City Council approval of a -,_.,- .,-..--- ---- Page 3, Item: Meeting Date: 4/9/02 Precise Plan. Both the Conditional Use Permit and Precise Plan can be considered concurrently, since all necessary information has been provided. The General Plan delineates the slope along Telegraph Canyon Road as Open Space, and Telegraph Canyon Road as a Designated Scenic Roadway. The proposed addition to the existing substation will not adversely affect these General Plan elements for the following reasons: A. The substation is one of several types of utility stations whose locations are dictated by the foci of their present and projected service areas. As an unclassified use in the Zoning Ordinance, these stations can be built in any area of the city regardless of zoning, subject to a conditional use permit. This same reason is applicable to the General Plan; since utility substations are not called out on the General Plan they are to be located wherever they are needed and are considered compatible with any General Plan designation. B. Subject to the conditions of approval, the facility will conform to the development guidelines of the Designated Scenic Roadway Element regarding building heights, architecture, landscaping and signing. Since the open space in this particular area is primarily "visual open space" along the Designated Scenic Roadway of Telegraph Canyon Road (with little or no resource or recreational value), compliance of the development with the Designated Scenic Roadway Element will also accomplish the objectives and policies of the Open Space Element. The project is also in compliance with the previously approved conditional use permit and Precise Plan PCC-74-27. 5. Conclusion Staff recommends approval of the proposed Conditional Use Permit in accordance with the attached Planning Commission Resolution, which would amend the Conditional Use Permit and Precise Plan for project PCC-74-27. FISCAL IMPACT: The applicant has paid application deposit fees totaling $3,000 ($2,000 for the CUP and $1,000 for the Initial Study), and will be responsible for any fees that may exceed the deposit amounts. Attachments 1. Locator Map 2. Planning Commission Resolution PCC-02-43 3. Minutes from March 13. 2002 Planning Commission meeting 4. Resolution PCC-74-27 5. Mitigated Negative Declaration - -. .---------- .----. SOUTHWESTERN COLLEGE SOUTHWESTERN COLLEGE I C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ALLIED DESIGN GROUP PROJECT DESCRIPTION: ø APPLICANT: CONDITIONAL USE PERMIT AND PROJECT 1090 APACHE DRIVE PRECISE PLAN MODIFICATION ADDRESS: SCALE: I FILE NUMBER: Request: Amend Conditional Use Permit and Precise Plan NORTH No Scale PCC-02-43 PCC-74-27 to add 12,900 square feet to existing building. C:\DAIFILES\locators\PCC0243.cdr 02/19/02 ATTACHMENT 1 ---------.--.----- .- --..--. RESOLUTION NO. PCC 02-43 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION IS-02-17, AND APPROVE A CONDITIONAL USE PERMIT, PCC-02-43, TO PACIFIC BELL, WHICH AMENDS CONDITIONAL USE PERMIT AND PRECISE PLAN PCC-74- 27, AND ALLOWS A 17,180-SQUARE-FOOT BUILDING ADDITION AND ENLARGED UNDERGROUND STORAGE FUEL TANK AT 1090 APACHE DRIVE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 10, 200 I by Pacific Bell; and, WHEREAS, said applicant requests a conditional use permit to amend conditional use permit and Precise Plan PCC-74-27, to allow a l2,900-square-foot, two-story building addition to the existing building, relocating the site of an underground storage fuel tank, and replacing the existing 6,000-gallon fuel tank with a l2,000-gallon tank at 1090 Apache Drive; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study of possible environmental impacts associated with this project and, based on the Initial Study (IS- 02-17), prepared a Mitigated Negative Declaration. The Planning Commission found the Mitigated Negative Declaration for this project to be adequate; and, WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said 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 scheduled and advertised for March 13,2002 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission, and said hearing was thereafter closed; and, WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted 5-0-2 to recommend that the City Council adopt Mitigated Negative Declaration IS-02-17 and approve conditional use permit PCC-02-43; and WHEREAS, from the facts presented, the Planning Commission hereby determines that the conditional use permit is consistent with the City of Chula Vista General Plan and the California Government Code, and that the public necessity, convenience, general welfare and good zoning practice support the requests. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached City Council Resolution I ATTACHMENT 2 adopting the Mitigated Negative Declaration (IS-02-l7) and approving the conditional use permit (PCC-02-43) in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of March 2002, by the following vote, to wit: AYES: Castaneda, Cortes, Thomas, Willett NOES: ABSENT: ABSTAIN: Hall, McCann, O'Neill Kevin O'Neill, Chair Diana Vargas, Secretary 2 " ATTACHMENT 3 Planning Commission Minutes - 2 - March 13, 2002 2. PUBLIC HEARING: PCC 02-43; Amendment to Conditional Use Permit and Precise Plan PCC 74-27 to add 12,900 sf to existing building and to relocate and enlarge (from 6,000 to 12,000 gallons) an existing underground fuel storage tank. Applicant: Pacific Bell. Commissioners O'Neill, McCann and Hall excused themselves from the dais. Background: Kim Vander Bie, Associate Planner reported that the 2.79 acre project site is located on the northwest corner of Telegraph Canyon Road and Apache Drive and is currently developed with a two story building enclosing a telecommunication switching facility. The project site contains a 6,000 gallon capacity Underground Storage Tank (UST) , landscaped area and a partially paved six-stalled parking area. The site is adjacent to open space and/or residential developments in all four directions. The project consists of a 12,900 sf two story building addition along the west end of the existing building and will be used for an equipment room on the first floor and record storage on the second floor. The project also proposes to remove a 6,000 gallon UST and replace it with a 12,000 gallon UST in a different location. The tank is necessary to provide fuel to the emergency electric generator system required for such facilities. Staff recommendation: That the Planning Commission approve Resolution PCC 02-43 recommending that the City Council adopt the resolution approving the Mitigated Negative Declaration (IS 02-17) and approve a conditional use permit to amend conditional use permit and Precise Plan PCC 74-27. Commission Discussion: Commissioner Castaneda stated that in his opinion the project lacked visual appeal and inquired if the project had gone through Design Review. Jim Sandoval responded that the project would not trigger Design Review because its not a new structure and is not a substantial increase to require it. Furthermore, the goal is for it to be a non-descript building. Public Hearing Opened and Closed 6:45: Commissioner O'Neill stated he disagreed with Cmr. Castaneda's comment on the aesthetics of the building. He further stated that the way Pac Bell designs these building; they either blend in with their surroundings or disappear and are not there to make an architectural statement. Planning Commission Minutes - 3 - March 13, 2002 Rafael Garcia, 3880 Murphy Canyon Road, San Diego, representing Pac Bell stated that as of September 11, their desire to be as non-descriptive as possible is even greater. When they removed the existing red and white sign, what was then exposed was the old Pacific Bell Telephone and Telegraph Bell. Their goal is to blend in and be as non-descript as possible. MSC (WiliettlThomas) (4-0-0-3) that the Planning Commission approve Resolution PCC 02-43 recommending that the City Council adopt the resolution approving the Mitigated Negative Declaration (IS 02-17) and approve a conditional use permit to amend conditional use permit and Precise Plan PCC 74-27. 3. PUBLIC HEARING: PCM 02-20: Consideration of Amendments to the Village Six SPA Plan to adjust boundary between Neighborhood R- 7a and R-7b, re-designate Neighborhood R-7a from SF-4 to RM-2 and re-allocate 47 dwelling units from Neighborhood R-Oa to Neighborhoods R-7a and R-7b. PCS 02-05; Consideration of a Tentative Subdivision Map creating 1,392 single-family and multi-family dwelling units on 201.1 acres of Village Six of Otay Ranch. Applicant: Otay Ranch Company ckground: Rick Rosaler, Principal Planner reviewed the proposal as described in the staf ort and stated that what is being considered tonight is Otay Ranch's portio Village 6; Commission having recently reviewed McMillin's portion of th ntative Map for Villag The proposal calls for am ing Village Six SPA Plan to re Ignate Neighborhood R-7a Single-family to Residential Iti-family and to r ocate 47 dwelling units from Neighborhood R-9a to R-9a and 7b. dditional , e Tentative Subdivision Map creates 1,392 single-family and multi-family dwe' units on 201.1 acres. The McMillin project had an ac s provided in Ne borhood R-3 to R-7b when it was a Single Family neighborho . Since this is being change 0 a multi-family, staff believes that that access shoul e deleted on McMillin's Final Mapto iminate multi-family traffic traveling throu the single-family neighborhood. There WI be two accesses to Neighbor â R-7 off of View Park Way. e Otay Ranch Company is proposing both a guarded and gated entrances the two Core Promenades, which are 36 feet wide. The gated entrance is proposed on Mag ena Street and the guarded entrance on View Park Street. _.._-_.._-.------- ,.-----. ~ Cor:JIìlONAL USE PEPMIì RESOLUT!ON NO. PCC-74-27 RESOLUTION OF THE CITY PLANNING COM!~ISS]ON GRANTING A CONOITIONAL USE PERl1IT WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department on November 22, 1974 by Pacific Telephone and Telegraph Company, and WHEREAS, said appl ication requested that the appl icant be granted a conditi ona I use penni t for constructi on of an equipment offi ce buil di ng for Electronic Switching Station on property located on the north side of Telegraph Canyon Road approxi~ately 1/4 mile west of Otay Lakes Road, more particularly described in the application, and "hich is zoned P-C, and WHEREAS, the Planning Commission set the time and place for a hEaring on said application and notice of said hearing "as given by the mailing of a letter to property o"ners ,.,i thi n 300 feet of the exteri or bounda ri es of the property at least te" days prior to the hearing, and WHEREAS, the hearing was held at the time and place, namely 7:00 p.m., December 11, 1974, in the Council Chamber, Civic Center, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED THAT THE CITY PLANNING COMMISSION finds as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well- being of the neighborhood or the community. ." The Pacific Telephone switching station at this location is necessary because of its proximity to p,-esent and future telephone main distribution cables. The new facility will provide a~ essential service to existing telephone subscribers in the eastern Chula Vista area. b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The facil ity site is located next to a major street; its location is isolated by topography from the nearest developable areas to the north. Subject to the conditions of approval, the facility will have minimal detrimental impact on the surrounding area. In particular, the proper design, siting and landscaping of the facil ity will reinforce the scenic qual ities of Telegraph Cßnyon Road. c. That the proposed use will comply with the regulations and conditions specified in the Code fnr such use. '1 ATTACHMENT 4 ~------_._-.- -.-- - - -.--- Subject to the condit ions of approva 1, the facil ity wi 11 meet all Ci ty Codes. d. That the granting of this conditional use ,¡ill not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental agency. The adopted General Development Plan (197D) and the land Use Element of the General Plan (1971) show the site and environs as high density residential. The Open Space Element delineates the development area by showing the slope areas along Telegraph Canyon Road as open space. The Scenic Highway Element shows Telegraph Canyon Road as a "Scenic Route." The proposed substation will not adversely affect these General Plan elements for the following reasons: (1) The substation is one of several types of utility stations whose locations are dictated by the focii of their present and projected service areas. As an unclassified use in the Zoning Ordinance, these stations can be built in any area of the city regardless of zoning, subject to a conditional use permit. This same reason is appl icable to the General Plan; since utility substations are not called out on the General Plan they are to be located wherever they are needed and are considered compatible with any General Plan designation although their ¡. location in the heart of a residenti..1 zone would be inappropriate. (2) Subject to the conditions of approval, the facil ity will conform to the development guidelines of the Scenic Highway Element regarding ." building heights, architecture, landscaping and signing. Si nce the open space in this particular area is primarily "visual open space" along the Scenic Corridor of Telegraph Canyon Road (with little or no resource or recreational value), compliance of the development with the Scenic Highway Element will also accompJish the objectives and policies of the Open Space Element. BE IT FURTHER RESOLVED that the City Planning COI!mission grants a conditional use permit to Pacific Telephone and Telegraph Company to construct an equipment office building for an Electronic Switching Station on property located on the north side of Telegraph Canyon Road approximately 1/4 mile west of Otay lakes Road. -2- .-..-.--.-..-----.-..---- .- Approval of this conditional use permlt is granted subject to the fol1owing conditions: 1. Filing and approval of a Parcel !lap. 2. Ultimate building height shall be 1 imited to 30 feet above grade. 3. Signs for the building shall be ground monument or wall signs only, subject to separate permit. 4. Landscaping. a. The landscaping plan shall show a heavy trèe and shrubbery screen along Telegraph Canyon Road, with emphasis on specimen planting. Landscaping of the slopes, both on and off site, shall conform to the Landscape Manual. Slopes may be hydcoseeded using an acceptable seed mix. All slopes shall be serviced by fully automatic sprinkler systems. The landscape and irrigation plans shall be approved by the City's Landscape Planner. b. The applicant shall be responsible for the maintenance of the offsite landscaping and irrigation system for a period of one year from the date of acceptance of the completed landscaping. At the end of one year, the City shall reinspect the landscaping and irrigation to deter- mine if the level of gro"th and maintenance has been satisfactory. If satisfactory, the responsibility for maintenance shall be assumed by r Open Space Maintenance District No.1. If not satisfactory, the Planning Commission may, by resolution, extend the maintenance respon- sibility for an additional length of time. ... c. Landscape and irrigation plans shall be submitted concurrent with submission of the grading plan. 5. Site Plan. Development of the project is subject to site plan and architectural approval. 6. Fire Protection. a. Emergency access to the facility shall be. provided, subject to approval of the Fire Department. b. T"o fire hydrants "ill be required. c. Fire flow requirement is estimated to be 2,000 GPM based on the information submitted. d. Depending on th~ ultimate approved height of the building, an automatic sprinkler system !:lay be ,"equirod. 7. Tlie proposed alignment for Telegraph Canyon Road has been established. However, the precise relationship between the existing riglit of way and the 1 proposed right of way in the vicinity of the site has not been determined. The applicant shall establish this relationship with input from the Division of Engineering and dedicate any necessary right of way for the northerly half of Telegraph Canyon Road along his frontage. 8. The street improvements for Telegraph Canyon Road shall include a I minimum of 49 feet of pavement for the travel way and all drainage facil ities I required. Curb and gutter, bike path, shoulder landscaping and street lights are required on the north half of the road. g. The site plan indicated the improvement of the total width of the proposed north/south access road through the property and the construction of a median island within this road. The construction of the full width of this road and the construction of the median island are not requirements imposed by the Engineering Division but their construction is acceptable to the Public Works Department. The street and island construction shall meet the standards as prescribed by the City Engineer and shall include dedication of right of way, curb and gutter, sidewalk, median island curb, paving, landscaping and irrigation, drainage and sewer facilities, street lights and pavement. Median island landscaping shall be such as to require a minimum .. of maintenance. The use of paving materials within the island is suggested. lD. Utilities serving the building shall be underground. Utility lines existing on the north side of Telegraph Canyon Road may also be required to ., be underground along the frontage of the subject site. 11. The precise method of handling the drainage through the site and across Telegraph Canyon Road shall be subject to approval by the City Engineer. This conditional use permit shall become ineffective and void if the same is not utilized within one year from the date of this resolution in accordance with Section 33.1310 of the Zoning Ordinance. PASSED AND APPROVED BY THE CITY PLAN.NING COMtHSSION OF CHULA VISTA, CALIFORNIA this 11th day of December, 1974, by the following vote, to-wit: AYES: Commissioners Starr, Rice, Smith, Pressutti, Rudolph, Floto and Chandler NOES: None ABSENT: None ATTEST: Cha i rman ./k.(¿~, /?;?I:IC/"-C«- Secretary ----. .. ." M___._.--.-----.- . '") fa RESOLUTION NO. 7576 EXHiBIT ___5 n RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-74-27 AND PRECISE PLAN FOR PACIFIC TELEPHONE AND TELEGRAPH COMPANY SIHTCHING STATIml ON NORTH SIDE OF TELEGRAPH CANYON ROAD, APPROXIMATELY 1/4 !llLE WEST OF OTAY LAKES ROAD The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the Planning commission on December 11, 1974 approved a conditional use permit and precise plan subject to the conditions set forth in Resolution No. PCC-74-27, and WHEREAS, it is necessary that said conditional use permit be referred to the City Council for the release of the subject 3.35 acre property for development for the follOl.Jing reasons: 1. The site is part of the El Rancho del Rey General Development Plan and has not been formally released, from the area under review, for development. Develop- ment of the subject site by Pacific Telephone and Tele- graph ~ompany will require formal Council action. 2. Development under the P-C zone requires both Planning Commission and City Council approval of a Precise Plan. Both the conditional use permit and Precise Plan can be considered concurrently, since the necessary information has been submitted. and WHEREAS, the City Council has heretofore held a public hearing considering said conditional use permit request of the Pacific Telephone and Telegraph Company. NOW, THEREFORE, BE IT Rr:SOLVED by the City Council of the City of Chula Vista that said conditional use permit be, and the same is hereby approved subject to the conditions set forth in Resolution No. PCC-74-27. Presented, by Approved as to form by /s/ D. J. Peterson D. J. Peterson, Director of Planning /s/ George D. Lindberg George D. Lindberg, City Attorney I . Mitigated Negative Declaration PROJECT NAME: Pacific Bell - Telecommunications Switching Facility Addition PROJECT LOCATION: 1090 Apache Drive, Chula Vista, CA 91910 ASSESSOR'S PARCEL NO,: 642-050-1600 PROJECT APPLICANT: Pacific Bell - SBC Services, Inc, Rafael Garcia, Project Manager CASE NO,: lS-02-17 DATE: February 26, 2002 A, Proiect Setting The 2,79-acre site is located on the northwest corner of Telegraph Canyon Road and Apache Drive (see Exhibit A - Locator Map). The sIte is currently developed with a two-story building enclosing a telecommunication switching facility. The project site contains a 6,000-gallon capacity Underground Storage Fuel Tank (UST), landscaped areas, partially paved parking lot and on-site improvements. The primary entrance to the project site is located along Apache Drive. Slopes ascending and descending, ranging up to 50 feet in height surround the project site. In the area of the proposed building addition. the site is relatively flat and partially paved with concrete. Surrounding land uses are: North - Single-family Residential East - Apache Drive and single-family residential beyond South - Telegraph Canyon Road and single-family residential beyond West - Single-family Residential B. Project Description An earlier phase of this development was approved by the City Council on January 7, 1975, including the adoption of Negative Declaration (lS-74-52). The existing land use is a telecommunication- switching facility. An Underground Storage Tank (UST) has been in use on the site since its first development as a telecommunications switching facility. This tank is necessary to provide fuel to the emergency electric generator system required for such facilities. The existing building has an area of 17,180-square feet; consisting of a first-floor level of 9,280-square feet and a second-floor level of 7,900-square feet. The first-flooT contains an engine equipment room and the second-floor contains a records storage area. A staff of two employees operates the existing Pacific Bell facility. Typically four to six contractors come to the site, never more than one at a time, to install equipment or provide emergency repaIrs. The purpose of the proposed project IS to provide additional building area to accommodate a larger engine to meet Ihe high demand for services in the Chula Vista area. A larger fuel Underground Storage Tank (UST) will be required to provide service for the new engine room. The land use of the project site will remain the same. The proposed project, telecommunication-switching facility expansion, consists of a 12,900-square foot two-story building addition along the west end of the existing building. The proposed addition will be used for an equipment room on the first-floor level and record storage area on the second-floor 02/26/02 ATTACHMENT 5 level. Included with this proposal is the removal of an existing 6,000-gallon capacity UST, and installation of a new I2,000-gallon capacity UST on the west side of the building (see Exhibit B - S,te Plan). The current parking is provided along the west side of the building. The proposed project includes an expansion of the parking area along with on-site improvements such as landscaping, security lighting, fencing and retaining walls. C Compliance with Zoning and Plans The property is zoned as PCPQ (Planned CommunitylPublic-Quasi), and designated OSP (Open Space) by the City's General Plan. The existing and proposed use of the site is consistent with the General Plan, zoning designation, and City adopted environmental pIans and policies. D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that the proposed project would not result in a significant environmental effect. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section ]5070 of the State CEQA Guidelines. Air Quality Potential Impacts Associated with Air Qualitv Short-term impacts The proposed project would generate sufficient emissions and dust during construction-related operations to result in a short-term significant, but mitigab]e, impact to air quality. The proposed project includes excavation, minimal grading and paving in preparation for the new parking lot, building addition, and removal and installation of Underground Storage Tanks (USTs). During the construction phase of the project, short-term emissions of air pollutants would occur. Dust would be generated and the combustion of fossil fuels by construction equipment would create emissions. Fugitive dust would also be created due to clearing, digging, earth movement, and travel on unpaved surfaces. Although air quality impacts resulting 1T0m construction related emissions are potentially significant, they are considered short-term in duration since construction-related activities is a relatively short-term, one-time activity. Dust control during grading operations and UST tank excavation would be regu1ated in accordance with the County of San Diego Environmenta] Health Department, the City's grading ordinance, and ruIes and reguIations of the San Diego Air Pollution Control District (APCD). Specific mitigation measures are outlined below in Section F. Long-term Impacts The existing use contains an air exhaust system for the engine equipment room. The proposed project wiJI continue to operate in the same manner. The purpose of the engine is to operate in the case of a power outage, in which case the engine will automatically start and commence to provide service to the facility. The operation will create limited fumes /Tom the engine equipment. The project is subject to Pacific Bell's very extensive maintenance program that includes filters, fuel, quality contr01, muffler and exhaust monitoring. The plan design includes an air exhaust system similar to 2 02/26/02 -._---- .--.--- that which is utilized in the existing facility. Compliance with air quality standards is required. No significant air quality impacts will be created by the proposed project. W aterlDrainage Potential Impacts Associated with Waterffirainage Short-term impacts The project site is partially developed with a two-story building, paved parking lot, landscaped areas, fences, and walls. The proposed project includes expansion of the parking lot, minimal grading in preparation of the building addition and retaining walls, and excavation/installation of the USTs. According to the Engineering Department, the existing on-site and off-site drainage facilities are adequate to handle the proposed project. Initial runoff, excavation and minor grading operations may resuH in significant impacts to water quality unless mitigated to a level of less than significant. These impacts are short-term in nature occurring only during the construction activity. Compliance with National Pollutant Discharge Elimination System (NPDES) Permit Order No. 2001-01 and Best Management Practices (BMPs) will lessen the impact to a level of less than significance. Specific mitigation measures are outlined below in Section F. Long-term impacts The ex1sting land use contains a 6,000-gallon capacity fuel UST. The proposed project includes the removal of this UST and installation of a l2,000-gallon capacity fuel UST. The operation with a fuel UST wi1l continue in the same manner as the existing land use. There is a potential for significant long-term water quality impacts unless mitigated. Compliance with National Pollutant Discharge Elimination System (NPDES) Permit Order No. 2001-01 and Best Management Practices (BMPs) will lessen the impact to a level of less than significance. Through project permit requirements trom the County of San Diego Environmental HeaHh Department, City Fire Marshal's Office and City Planning and Building Department any significant water quality impacts will be lessened to a level of less than significance. Specific mitigation measures are outlined below in Section F. Noise Potential Impacts Associated with Noise Short-term impacts The proposed project includes excavation, minimal grading and paving in preparation for the new parking lot, building addition, and removal and installation of Underground Storage Tanks (USTs). During the construction phase of the project, short-tenD noise impacts created by heavy equipment, trucks, vehicles and construction personnel would occur Noise impacts resulting trom construction- related activity is considered short-tenD in duration since a construction-related activity is a relatively short-term, one-time activity. The proposed project shall be required to comply with the adopted noise. standards of the City ofChula Vista. Long-tenn impacts The existing facility operates twenty-four (24) hours a day and seven (7) days a week. The proposed facility expansion will not aHer existing business operations and will continue to operate in the same manner 3 02/26/02 The previous Negative Declaration (IS-74-52) did not require mitigation measures as the project design and smaller project size was not anticipated to result in any significant noise impacts. According to City records, no nuisance complaints are on file regarding the existing facility. According to the Noise Study prepared by Charles TeITY of Douglas Eilar and Associates, dated December 2], 200] and amended February 6, 2002, although a 70-foot buffer would be provided between the building and abutting residential property lines the proposed project will create significant long-term noise impacts unless mitigated. The engine generator and support equipment are potential noise generators. The applicant is required to mitigate significant noise impacts through design layout, building materials, external walls, and equipment silencers and enclosures. Upon completion of construction, noise monitoring shall be conducted by a qualified acoustician to verifY that noise levels do not exceed 45 dBA at the residential property lines. The applicant is required to be in compliance with the City of Chula Vista Noise Ordinance. The mitigation measures identified in the Noise Study prepared by Charles TeITY of Douglas Eilar and Associates will lessen the significant noise impacts to a level of less than significance. Specific mitigation measures are outlined below in Section F. Hazards Potential Hazards Impact Short-term Impacts According to the Phase I Environmental Site Assessment, prepared by Douglas Eilar and Associates, dated January 10, 2002, this site cUlTently does not contain significant environmental hazards or contamination from the existing facility or fuel Underground Storage Tank (UST); therefore, further environmental site assessment is not required at this time. The proposed project includes upgraded engine and support equipment. The equipment consists of an emergency power generator, an enclosed radiator, building air conditioning chillers, air handling and exhaust systems. The mechanical equipment requires fluids, solvents, and fuels that may be hazardous or combustible. These are significant hazard impacts associated with the proposed project unless mitigated. The applicant will be required to be in compliance with the San Diego County Environmental Health Department and City Fire Marshal's hazardous materials regulations and standards. Compliance with these standards will1essen the significant impacts to a level of less than significance. The proposed project includes the removal of an existing 6,000-gallon capacity fuel Underground Storage Tank (UST) installed in ]998 and installation of a ]2,000-gallon capacity fuel UST. The new tank is of double wall construction, interior steel walls, annular space, and steel with fiberglass lining. The new fuel tank would not increase the level of health or fire hazards or explosion risks at the site. The San Diego County Environmental Health Department, City Fire Marshal's Office and City Planning and Building Department regulate this activity. The new UST and generator shall be install~d prior to the removal of the existing UST and generator. Should there be contaminated soils discovered upon the removal of the existing UST, then submittal of a remediation plan to the County of San Diego and City of Chula Vista for review and approval will be required prior to building permit issuance. Documentation ITom the County of San Diego verifYing that soil contamination has been adequately remediated shall be submitted to the Environmental Review Coordinator prior to the issuance of building permits. 4 02/26/02 -..--. ... _._.~..__....__..- -- The proposed project does not create significant traffic impacts to impede the emergency evacuation route. The project would not create a hazard nor significantly impact the existing emergency response plan, as the proposed project does not significantly alter the existing land use. The proposed project is required to be in compliance with local, County and State environmental standards and Fire Department regulations. The project design and mitigation will lessen any significant hazard impacts to a level of]ess than significance. Specific mitigation measures are outlined below in Section F. E. Public Comments On February I, 2002 a Notice of Initial Study was circulated to property owners within a 500-foot radius of the pròposed project site. The public review period ended February 12, 2002. No written comments were received. F. Mitigation Necessary to Avoid Significant Impacts Air Quality Construction Related Impacts L AH unpaved construction areas shaH be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shaH be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utiJized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. W aterlDrainage Construction Related Impacts 8. The applicant shall comply with the Nationa] PoHution Discharge Elimination System (NPDES) Municipal Pennit Order No. 2001-01 and Best Management Practices (BMPs) during and after development to prevent erosion and sedimentation in the downstream stonn drain system. 5 02/26/02 9, Grading and improvement plans shan be submitted to the City Engineer for review and approval. Grading plans shan incorporate an recommendations of the preliminary Geotechnical Evaluation prepared by Geotechnics Incorporated, dated August 31, 200 I. 10. Temporary desilting and erosion control devices shan be instaned to control short-term erosion. These measures shan be reflected in the grading and improvement plans. These devices may include desilting basins, berms, hay bales, silt fences, dikes and shoring. Protective devices will be provided at every storm drain inlet to prevent sediment, trash and silt from entering the storm drain system. These measures shan be reflected in the grading and improvement plans. 11. Catch basin filters shan be maintained and inspected as scheduled by the City of Chu]a Vista Engineering Department. Long Term Impacts 12. The applicant shan comply with the National Ponution Discharge Elimination System (NPDES) Municipal Permit Order No. 2001-0] and Best Management Practices (BMPs) during and after development to prevent erosion and sedimentation in the downstream storm drain system. 13. Catch basin filters shan be maintained and inspected as scheduled by the City of Chula Vista Engineering Department. Noise Long Term Impacts 14. Any engine room ventilation fans must be directed through a 7-foot exhaust silencer either inside the engine room or within a separate noise control enclosure within the buiJding. The Exhaust Silencer (Muffler) must be a GT Exhaust Systems Muffler, Extreme Applications Series 20]- 6100, or equivalent. 15. Interior radiator, chiIlers, and air handlers must be surrounded with 3-foot silencers. 16. Construction of any door(s) instaned in the engine room wan must be acousticany rated with an STC rating of 53 or higher. 17, Air handlers must be surrounded with a 3S 3-foot lAC in-line silencer, or equivalent that meets or exceeds an specifications as noted in the Noise Study dated December 21, 2001 and amended February 6, 2002. 18. Upon compJetion of construction, noise monitoring shan be conducted by a qualified acoustician to verify that noise levels do not exceed 45 dBA at the residential property lines. Prior to issuance of the certificate of occupancy, a letter prepared by the qualified acoustician documenting the noise monitoring results shan be submitted to the Environmental Review Coordinator. 6 02/26/02 -- ..---.-------.--,. Hazards Construction Related Impacts 19. The applicant shall be responsible for obtaining all required permits related to hazardous materials from State and local agencies, inc1uding the San Diego County Department of Environmental Health, City Fire Marshal's Office and City Planning and Building Department and shall provide a proof of having obtained such pennits to the City of Chula Vista prior to the issuance of building pennits. 20. The applicant shall be responsible for obtaining all required pennits related to the removal of the existing UST and the installation of the new UST from the County of San Diego Environmental Health Department, City Fire Marshal's Office and City Planning and Building Department and shall provide proof of having obtained such pennits to the City of Chula Vista prior to the issuance of building pennits. The new UST and generator shall be installed and operational prior to the removal of the existing UST and generator. 21. Should contaminated soils be discovered upon the removal of the existing UST, the submittal of a remediation plan to the County of San Diego Environmental Health Department, City Fire Marshal's Office and City Planning and Building Department for review and approval will be required. Prior to the issuance of building pennits, documentation from the County of San Diego shall be submitted to the City of Chula Vista verifying that soil contamination has been adequately remediated. G. Consultation I. Individuals and Organizations City ofChula Vista: Marilyn Ponseggi, Planning Division Maria C Muett, PlannIng Division Kim Vander Bie, Planmng DivIsion Rod Hastie, Fire Captain/Ass!. Fire Marshal Samir Nuhaily, Engineering Department Frank Rivera, Engineering Department Ralph Leyva, Engineering Department Majed Al-Ghafiy, Engineering Department JeffMoneda, Engineering Department M.J. Donnelly, Engineering Department David Marrufo, Engineering Department Carolyn Dakan. Building Division Applicant! Agent: Rafael Garcia Hector Zuniga 2. Documents Chula Vista General Plan (1989) and EIR (I 989) Title 19, Chula Vista Municipal Code 7 02/26/02 ..._-~--_._., --- 3. Initial Study This environmental determination is based on the attached Initial Study, comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~/¿?~~. Date: d J4?o/tJ.!l. / ' Maril . F. Ponseggi Environmental Review Coordinator j,IPlanninglMARlAllnihal StudyIIS.O2.17MND.doc 8 02/26/02 ~/ r C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ALLIED DESIGN GROUP- PROJECT DESCRIPTION; z ~ ~ s '" "- ~ ~"'e~ " ~~'< 0 ,<'0 ' 00,. ~¡¡¡.¡:.!! g: ~ g.~ ~ ;:¡Jj 0 ., ) >.'. I I I I I I "OS ~ I Z ~ I « - ~ -1 s:: !.L -- ~ I .U I W . ~ I\- ~ \5J <» '. Q) : I- I , I , I : ~ ¡ ~ ~ , 'I I " '" Q "- Q ~ I ~ I I '" ~ : ¡:: ~~ ;:!: -.,: u ¡"u ¡¡¡~~L I ~<Z.5:¡¡ I .¡~8~a . ~~~i~ 5 ~ ~ .Ëc ",ø:t;~ j~g~ o~ u~ :;;¡ <- g ~ - - ._. ~- - - - - .- ATTACHMENT "A" MITIGATION MONITORING REPORTING PROGRAM (MMRP) Pacific Bel/- Telecommunications Switchinf!; Facility Expansion 1S-02-17 This Mitigation Monitoring Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Pacific Ben Telecommunication Switching Facility Expansion project (IS-02-17). The proposed project has been evaluated in an Initial StudylMitigated Negative Dec1aration (IS/MND) prepared in accordance with the California Environmental Quality Act (CEQA) and CitylState CEQA guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations, such as lS-02-] 7. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): L Air Quality 2. W aterlDrainage 3. Noise 4. Hazards MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chula Vista. The applicant shall be responsib1e to ensure that the conditions of the Mitigation Monitoring Reporting Program are met to the satisfaction of the Environmental Review Coordinator. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in !v1:ND/IS-O2-l7 to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation MoIritoring and Reporting Checklist, lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration, 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, a10ng with the City department or agency responsible for monitoringlverifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of-inspection is provided in the last column. J,\P]ann;ng\MARlA~n;ria] Study'~S-O2-] 7MMRPtexldoc -.-. . .-. ._-- ----- ~ ë ð i- CJj ~ u ¡;i¡ :I: U :;;: ;$ G 0 0:: 0. 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'õ ~5 'õ ;:; o~ Ë-~ ¡¡ .;1.E '" 11 <= 0."0" 00 bOO 0."000"°" boo - -"--<="O;;So" ~ ie;;;o£'~~GB i~"~-"¡;:~.-BB~ ~~:sê~e~6.D~:¡; ~ ~~~~~j~,,~ ~%~~~~~~~~~ §~E{~~%~~mE ~ E-<~èOXo..o.~.D E-<e"èXUo.~.D~e ~e~",:¿oe"O.D~e ãi o:¡ u a, co - c::; - N N ,:; '" 0. . --,---,. ---..-,--.--- - '.------ Case No.IS-O2-17 ENVIRONMENTAL CHECKLIST FORM I. Name of Applicant: Pacific Be]] - SBC Services, Inc. Rafael Garcia 2. Lead Agency Name and Address: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Applicant: 3880 Murphy Canyon Road, Suite 200 San Diego, CA 92123 (858) 492-5538 4. Name of Proposal: Pacific Be]] - Chula Vista BuiJding Addition 5. Date of Checklist: February 26, 2002 Po"",~Uy Po"ol~Uy Si,"i.~nl L<~ 'h.. Si,"ifi~nl Unl." Signifl~nl No Imp'" Miti""d Imp", Imp'" I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 0 '" zoning? b) Conflict with applicable environmental 0 0 0 '" plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or 0 0 0 '" operations (e.g., impacts to soils or fannlands, or impacts fi-om incompatible land uses)? d) Disrupt or divide the physical 0 0 0 '" aITangement of an established community (including a low-income or minority community)? Comments:. The 2.49 acre site is located on the northwest comer of Telegraph Canyon Road and Apache Drive (refer to Exhibit A). The project site is located in the PC (Planned Community) Zone and within the PQ (Public-Quasi) General Plan land use designations. The proposed use is subject to a Conditional Use Pennit. ._-----------~-- ------ The proposed project, telecommunication switching facility expansion, is consistent with the PQ (Public-Quasi) Zoning designation, General Plan designation, and the City's environmental plans and policies, The proposed expansion is a continuation of the existing land use, Therefore, the proposed project would not result in significant land use impacts or impact the physical an-angement of the established residentia] community in the surrounding area, Mitigation: No mitigation measures are required, P.".'~U, St¡:nifia.' "'~ 'h.. P.'mll.U, V.'~ S;,.;om.' N. S".;oa.' hlillg.,'" Imp." Imp." Imp." II, POPULATION AND HOUSING, Would the proposal: a) Cumulative]y exceed official regional or 0 0 0 " local population projections? b) Induce substantial growth in an area 0 0 0 " either directly or indirectly (e,g" through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially 0 0 0 " affordable housing? Comments: The proposed project, telecommunication equipment switching facility expansion, does not result in an increase of local population or housing units, The proposed project is ]ocated on a partially developed site; no existing housing units would be displaced, No significant population or housing impacts would be created as a result of the proposed project Mitigation: No mitigation measures are required. p.".,~Uy S'g.;om., L~'h.. P.".II.U, V.I<>, S;g.;oa., N. S;,.;om.' Mit""" Imp." Imp." Imp." III, GEOPHYSICAL. Would ¡he proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 0 " geologic substructures? b) Disruptions, displacements, compaction 0 0 " 0 or overcovering of the soil? 2 ._~-- -- ------.----- ----- c) Change in topography or ground surface 0 0 0 " relieffeatures? d) The destruction, covering or modification 0 0 0 " of any unique geologic or physica1 features? e) Any increase in wind or water erosion of 0 0 " 0 soils, either on or off the site? f) Changes in deposition or erosion of 0 0 0 " beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay in1et or lake? g) Exposure of peop1e or property to 0 0 0 " ge010gic hazards such as earthquakes, landslides, mud slides, ground failure, or simi1ar hazards? Comments: According to the Geotechnical Study prepared by Allied Design Group, dated August 31, 200 I, the existing project site is surrounded by cut and fill slopes up to 50 feet in height In the area of the proposed building addition, the site is relatively flat and the partia]]y developed parking lot is paved with concrete. Existing landscaped treatments surround the existIng bui1ding facility. The potential for liquefaction of the site area is very low. Only minor grading is anticipated to provide a leve1 pad for the addition. There are no ]mown significant geophysica1 conditions on the site that would expose people to geologic or earth hazards. The site is not within a mapped Earthquake Fault Zone; the nearest ]movm active fault is the Rose Canyon fault zone located 9.5 mi1es from the project site. There are no ]mown active faults under the site or adjacent to the project site. According to Apex Engineering, Inc., the bottom of the proposed 12,000-gallon capacity Underground Storage Tank (UST) wi]] be 12'-7" be10w the surface. This will be equivalent to 60 cubic yards of dirt excavation. The tank is of double wa]] construction and consists of steel inside, annular space, and steel with fiberg1ass lining on the outside. The remova1 and installation of the storage tanks shall be in compliance with the San Diego County Environmental Health Department and City Fire Marshal's Office regu1ations. According to the Engineering Department, based upon the Geotechnical Study, a grading permit will be required for the grading and earthwork movement in preparation for the parking areas, retaining walls along the slopes and excavation work. Although grading operations wi]] be performed in compliance with the City of Chu1a Vista Grading Ordinance (Ordinance 1797, as amended), significant erosion impacts could occur during the excavation and construction period due to disruptions of the soil. Soil erosion cou1d result in sedimentation in the storm drain system resulting in a significant impact unless mitigated. Compliance with National Po]]utant Discharge Elimination System (NPDES) Permit Order No. 2001-01 and the implementation of Best Management Practices (BMPs) during and after construction to prevent erosion and sedimentation in the downstream storm drain system wi]] be required. 3 No significant effects, such as a change in topography, geologic hazards, etc., would result fi-om the proposed development. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a Jess than significant. level. p"'.lian, Po".'ian, Si,.ir~., ""'Ibn. Un"" s;,.;r~.1 No SI",,;r~., Mm""" Imp>" Imp>" Imp>" IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage 0 0 0 '" patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 '" related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 " alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water 0 0 0 " in any water body? e) Changes in culTents, or the course of 0 0 0 " direction of water movemcnts, m either marine or fi-esh waters? f) Change in the quantity of ground waters, 0 0 0 " either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 " groundwater? h) Impacts to groundwater quality? 0 0 " 0 i) Alterations to the course or flow of flood 0 0 0 " waters? j) Substantial reduction in the amount of 0 0 0 '" water otherwise available for public water supplies? 4 '_.'-".'--'-'."_._-'. --...-...- Comments: The project site is located within the FEMA Floodway Frequency Boundary within Zone X, an area determined to be outside of the 500-year flood plain. No flooding impacts would result from development of the building addition, UST installation and site improvements. According to the Engineering Department, the existing on-site and off-site drainage facilities would be adequate to serve the proposed telecommunication equipment switching facility. The existing on-site drainage facility consists of concrete swales and catch basins located throughout the property. The off-site drainage facilities include curb-and-gutter along Apache Drive flowing southerly to curb-and-gutter along Telegraph Canyon Road into a curb inlet. Standard Engineering requirements require existing drainage facilities to be indicated on the initial submittal of grading and improvement plans. Water quality impacts created by grading and construction activity may be significant unless adequate measures are implemented. According to the Engineering Department, compliance with National Pollutant Discharge Elimination System (NPDES) Permit Order No. 2001-01 and the implementation of Best Management Practices to the satisfaction of the City Engineer are required to be implemented during and after development to prevent erosion and sedimentation in the downstream storm drain system. NPDES Municipal Permit No. 2001-01 requires all parking lots with 15 or more spaces and potentially exposed to urban runoff, and creation or addition of at least 5,000 square feet of impervious surfaces on an already existing developed site to comply with the requirements ofthe permit. All grading operations will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended). Short-term erosion of the cut and fill slopes would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices to the satisfaction of the City Engineer. These devices may include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices will be provided at every storm drain inlet to prevent sediment from entering the storm drain system. No significant impacts to ground water would result because there would be no additions or withdrawals from the local aquifer. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially Significant Impact Poleutially Significant Unless Mitigated Less than Significant Impact No Impact V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? o o " o b) Expose sensitive receptors to pollutants? o o o " c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? o o o " 5 1'1 ~3 d) Create objectionable odors? 0 0 0 '" e) Create a substantial increase in stationary 0 0 0 '" or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: A staff of two employees operates the existing Pacific Bell Facility. The new building addition will require an additional employee, totaling three employees. With respect to traffic generation, the anticipated worse case scenario is assumed to be four-to-six contractors doing maintenance and emergency repair work and Pacific Bell record deliveries. This would increase the worse case scenario to 30 Average Daily Trips (ADT). For the purpose of environmental re'~ew. the worse case scenario was evaluated. Negligible air ponutant emissions would result from the project's 30 ADT. The proposed project, expansion of a telecommunication equipment switching facility, would not alter air movements, humidity, or climatic temperature. The proposed project would not create odors, as all work activity would be within an enclosed building. The building will be serviced by an exhaust system that will turn on only during the emergency operation of the generator. According to the applicant and consultant, the exhaust system will not emit any odors and is regularly serviced by Pacific Bell. Public records do not indicate any complaints regarding the existing facility operations. The proposed project would be regulated in accordance with the rules and regulations of the City and County Air Pollution Control District (APCD). The proposed project would generate emissions and dust during excavation activities for the removal and installation of the underground tanks and minor grading activities for the building development to create short-telTIJ significant air quality impacts unless mitigated. Fugitive dust would also be created as a result of clearing, earth movement, and travel on unpaved surfaces. Air quality impacts resulting from construction related emissions are considered short-telTIJ in duration since construction is a relatively short-telTIJ, one-time activity. Dust control during grading operations would be regulated in accordance with the rules and regulations of the City and APCD. During construction, the proposed project will be subject to mitigation measures noted in Section XIX. Mitigation: MitigatJOn measures listed in Section XIX would reduce impacts to a Ievel of less than significant. PM".".", s"";n,,.! r.e""a. P.".!laU, Val", Si,.;n".! N. Si,mfitm' Miti,,"d imp", imp,,! Imp." VI. TRANSPORT A nON/cmCULA nON. Would the proposal result in: a) Increased vehicle trips or traffic 0 0 '" 0 congestion? b) Hazards to safety from design features 0 0 0 '" (e.g., sharp curves or dangerous 6 intersections) or incompatible uses (e.g., fann equipment)? c) Inadequate emergency access or access to 0 0 0 " nearby uses? d) Insufficient parking capacity on-site or 0 0 0 " off-site? e) Hazards or barriers for pedestrians or 0 0 0 " bicyclists? f) Conflicts with adopted policies 0 0 0 " supporting alternative !Tansportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air !Taffic impacts? 0 0 0 " h) A "large project" under the Congestion 0 0 0 ,. Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The existing average daily trips are 2.5 Average Daily Trips (ADT) per day 1T0m the existing telecommunication facility. The existing employees (2) plus one additional employee, 4-6 con!Tactors and Pacific Bell deliveries, during operation of the expanded facility, will generate 30 ADT during a worse case scenario. According to the Engineering Department, the maximum trip generation of 30 (ADT) would not have a significant impact. The proposed project would have a minimal effect on !Taffic patterns and volumes on the adjacent s!Teets. The City Engineering Division reports that the primary access roads are adequate to serve the proJect. Telegraph Canyon Road is a 6-lane Prime Arterial street and has a daily capacity of 37,500-trips (at Level-of-Service A). The existing daily !Taffic volume on Telegraph Canyon Road is 33,130 trips and with the proposed project will increase to 33,160. According to the Engineering Department, Telegraph Canyon Road currently operates at Level-of-Service A and will continue to operate at Level-of-Service A with the proposed project. Apache Road is a residential street and the vehicle trips created by the project will have a minimal impact. The Engineering Department has detennined that the additional traffic generated by the project would not exceed the City's Level-of-Service (LOS) thresholds on surrounding streets. According to the Engineering Department, no additional roadway facilities or improvements are required to serve the site. The project is consistent with the criteria established in the General Plan Traffic Element. Short-tenn traffic effects would consist of construction trucks required to grade the project site and related construction activities. No hazards or bamers for pedestrians or bicyclists would be created by the project proposal. The proposed project includes 13 parking spaces as required by City regulations. No significant !Taffic or parking related impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. 7 .-..-------. --- ""œ"'U, s;-. "'" .ba. ""œtially U""'" ,,_., Na S;gnifi<a.. MU;p'<d Impa" Impa" Impa" VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 0 concern or species that are candidates for listing? b) Locally designated species (e.g., heritage 0 0 0 0 trees)? 0 0 0 0 c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 0 vernal pool)'! e) WildJife dispersal or migration corridors? 0 0 0 0 f) Affect regional habitat preservation 0 0 0 0 planning efforts? Comments: The site is not located in a biologically sensitive area as identified in the City's General Plan. The site is located in a fully urbanized area. The project site is developed with a telecommunication switching faciJity. There are no known sensitive plants or animal species on- site. The Multiple Species Conservation Program (MSCP) designates the parcel for development. No known biological Impacts would result from the proposed expansion of the telecommunication equipment switching faciJity on the site. Mitigation: No mitigation measures are required. Pa'o"~UJ Si,.i.~a' """h.a Pa"n'~Uy Unl~, Si,ni.~n' Nn Signi.~n' Mili,..o. Imp." Imp." Imp." VIII. ENERGY At""}) MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy D D D ø conservation plans? b) Use non-renewable resources in a 0 0 0 ~ wasteful and inefficient manner? 8 c) lfthe site is designated for mineral 0 0 0 iii resource protection, will tIlls project impact this protection? Comments: The proposed project, telecommunication equipment switching facility expansion, does not conflict with the recently adopted CO, Reduction Plan. The CO, Reduction Plan promotes energy efficiency in the community and works to reduce the reliance on fossil fuels by promoting pedestrian activity and alternative transportation. The applicant will maintain existing curb, gutter, and sidewalk along the Telegraph Canyon Road and Apache Drive frontages that will provide for pedestrian circulation in the project area. No new off-site improvements are required by the Engineering Department. The proposed project is subject to compliance with Energy Requirements of the Unifonn Building Code and, therefore, should not result in the use of non-renewable resources in a wasteful and inefficient manner. The proposed project serves to meet the telecommunication demands of the Chula Vista community. The project is not located within an area designated for mineral resource protection as defined in the City's General Plan. No significant energy and mineral resource impacts would be created by the proposed project. 1\'itigation: No mitigation measures are required. P,,«n,"II, S;",¡lIun' u.n... P.«nwlly u",,~ S¡gnmun' N" Signm".. MiHg"'" Imp." 1m"." 1m"." IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release 0 0 iii 0 of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 iii response plan or emergency evacuation plan? c) The creation of any health hazard or 0 0 0 " potential health hazard? d) Exposure of people to existing sources of 0 0 0 " potential health hazards? e) Increased fire hazard in areas with 0 0 0 " flammable brush, grass, or trees? Comments: The project site contains an existing telecommunication switching facility. The facility operation involves equipment maintenance and emergency repair of the power generator engine and support equipment. This will require the storage of limited amounts of potentially hazardous solvents, fluids and fuels. The business documents indicate that the fluids are stored 9 um..____- ----- in 55-gallon drums \\ithin an enclosed area on a concrete slab and hauled off by a licensed hauler. The County of San Diego Department of Environmental Health, City Planning and Building Department and Fire Marshal's Office regulates the storage and removal of hazardous materials. The applicant is required to notifY the City of Chula Vista and the County of San Diego regarding storage of hazardous materials and any changes to land use. The site currently has a 6,000-gallon capacity fuel Underground Storage Tank (UST). According to the Environmental Site Assessment (ESA) prepared by Douglas Eilar and Associates, dated January 10, 2002, three USTs were installed in succession on the site in the years 1976, 1993, and 1998. The most recent installation was a double wa]]ed tank and piping that received California Certification #04696 for up-grade compliance. The proposed project includes the removal of the existing UST. The new tank is of double wa]] construction, interior steel walls, annular space, and steel with fiberglass lining. The new fuel tank would not increase the level of health or fire hazards or explosion risks at the site. The San Diego County Environmental Health Department, City Fire Marshal's Office and City Planning and Building Department regulate this activity. Should there be contaminated soils discovered upon the removal of the existing UST, then submittal of a remediation plan to the County of San Diego and City of Chula Vista for review and approval wi11 be required prior to building pennit issuance: a documentation from the County of an Diego verifying that soil contamination has been adequately remediated shall be submitted to the Environmental Review Coordinator prior to the issuance of building pennits. According to the Environmental Site Assessment (ESA) and soil sampling program prepared by Douglas Eilar and Associates, dated January 10, 2002, there are no substantial, historical, hazardous, or environmental problems on the subject site or nearby properties. Staff confinned this infonnation with the County of San Diego Environmental Health Department on January 28. 2002. Based on the ESA, no further environmental site investigations are walTanted at this t1me. The applicant proposes to insta]] a l2,000-gallon capacity fuel UST to serve the new emergency generator engine and support equipment. The applicant will be required to obtain all necessary penn1ts from the County of San Diego Environmental Health Department, City Planning and Building Department and Fire Marshal's Office. The new UST and generator shall be installed prior to the removal of the existing UST and generator. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant leve1. po".,i,n, Po"nh,n, Signifi~n' L= 'h,. Unl", Si",ifi~., No Si",ifi~" Mil;"". Imp'" 1mp'" Imp", X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 [;J 0 b) Exposure of people to severe noise 0 0 [;J 0 levels? 10 .- -...--' _._- Comments: The proposed hours of operation are twenty-four (24) hours a day, seven (7) days a week, the same as the existing use. According to the applicant, there are currently two (2) employees at the facility; the addition of one (I) more employee is proposed, totaling three (3) employees. There will be a work shift from 7:00 a.m. to 4:00 p.m. It is anticipated that there will continue to be two deliveries per day of Pacific Bell records and emergency work crews coming periodically to the site. The emergency power generator engine will continue to operate only during emergencies. Based upon previous uses, the applicant anticipates that this may occur four times a year. The Chula Vista Noise Ordinance specifies exterior noise level limits by the receiving land use categories. The City of Chula Vista Municipal Code (§19.68.030) establishes the adjacent residential land use noise standards of 55 dB during the hours of 7:00 A.M. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 45 dB during the hours of 10:00 P.M. and 7:00 A.M. on weekdays (10:00 P.M. to 8:00 A.M. on weekends). The proposed project will be required to comply with the adopted City noise standards. According to public City records, no noise complaints have been received regarding the existing business operations. According to the Noise Study prepared by Douglas Eilar and Associates, dated December 21,2001, and amended February 6, 2002, the Pacific Bell switching facility follows the stricter nighttime noise limit set by City standards for residential use; 45 dBA from 10:00 P.M. to 7:00 A.M. The closest residential properties are located to the north and west of the project site. The property lines of the nearest residential properties are approximately 70 feet from the generator building and air handling equIpment. According to the Noise Consultant, final equipment design has not been determined by Pacific Bell. For purposes of this analysis, the noise levels from these equipment systems were based on data from engine systems and support equipment used in similar size and equipped teleconununication facilities. To detennine potential impacts, a worse case scenario was analyzed in the Noise Study. The noise sources identjfied in the Noise Study include an emergency power generator and support equipment (air conditjoning chillers, building air handling and exhaust system). The power generator engine and support equipment will be located within the new building addition along the west side of the existing building. To analyze noise impacts associated with stationary mechanical equipment operation, typical manufacturer's equipment noise levels for a Pacific Bel1 facility of this size were utilized. This includes generator engine noise and mechanical noise. The generator system is larger than is typically used in a facility of this size, and therefore represents a worst -case scenario. According to the Noise Study, without mitigation the on-site noise levels would be in excess of the acceptable levels. The noise mitigations for the statjonary mechanical equipment are focused on three levels; equipment and design requirements, operational requirements and procedural requirements. The equipment and design mitigation includes a 7-foot silencer for any air intake and exhaust system, 3-foot silencer for radiator equipment, engine exhaust with muffler, two (2) chillers with 3- foot silencers, and two (2) air handlers with 3-foot silencers. Any doors instal1ed in the engine room walls must be acoustically rated with an STC rating of 53 or higher. No external mitigation is required, only silencing equipment, which will be instal1ed inside the equipment room. Arrows have 11 H_. -.--.--. -------- - --..--- been added to the first and second floor plans to indicate which rooms must contain the noise control devices. The implementation of the design and equipment mitigation measures will lower the worse case noise levels to 44.3 dB(A) at the residential property lines, within the City Noise Ordinance limits. The operational requirement will be that the facility and equipment systems utilized on a continuous basis must meet the City of Chula Vista Noise Ordinance limit for residential properties of 45 dB(A) at the property lines. The procedural requirement will be that noise monitoring be conducted by a qualified acoustician upon completion of construction. All construction equipment shall be maintained in good condition with factory installed or equivalent noise control systems. With the project design and implementation of the noise mitigation for the stationary mechanical equipment as identified in the Noise Study, the significant noise impacts created by the proposed project would be lessened to a level of less than significance. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant leve1. Po'mdally S;goifimol u","" P""o'~ll, Uol~ S;gnifimol No S¡,oifimo' Mi<¡","d Impad Impad Impact XI. PUBLIC SERVICES. Would the proposal have all effect UpOll, or result ill a lleed for llew or altered govel7lmellt services ill allY of the followillg areas: a) Fire protection? 0 0 0 c;¡¡ b) Police protection? 0 0 0 c;¡¡ c) Schools? 0 0 0 c;¡¡ d) Maintenance of public facilities, including 0 0 0 c;¡¡ roads? e) Other governmental services? 0 0 0 c;¡¡ Comments: The project site is located in an urbanized area within eastern Chula Vista. The Police and Fire Departments have reported that the proposed project would not result in a significant impact to the existing public services. According to the Chula Vista Elementary School District and Sweetwater Union High School District, school faciJities fees are required. State law currently requires a school facilities fee of $0.33 for non-residential development. The fees are based on the square footage addition. No new or altered public facilities would be required to serve the proposed expanded telecommunication switching facility. No significant public service impacts would be created as a result of the proposed project. 12 ....-.. ...-_. ----. Mitigation: No mitigation measures are required. P....,;.u, S;..Ir~.' 1=lh.. Pot~...u, u."" """,¡fi",.' N. "'..;0",., Mhlg.... Impo" Imp." Impo" Xll. Thresholds. Will the proposal adversely impact the 0 0 0 [g City's T7zreshold Standards? As described below. the proposed project does not result in significant impacts to any of the Threshold Standards. a) FirelEMS 0 0 0 [g The Threshold Standards requires that fire and medica] units must be able to respond to cans within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard win be met, since the nearest fire station is two miles away and would be associated with a four-minute response time. The proposed project wouldcomply with this Threshold Standard. Comments: According to the Fire Department, the telecommunication switching facility addition win not impact the current level of service and the Fire threshold standard win continue to be met. The nearest fire station is located 3-5 miles away with a 5-7 minute response time. No significant impacts to FirelEMS threshold standards would be created as a result of the proposed project. Mitigation: No mitigation measures are required. b) Po1ice 0 0 0 [g The Threshold Standards require that po1ice units must respond to 84% of Priority 1 cans within 7 minutes or Jess and maintain an average response time to an Priority J cans of 4.5 minutes or Jess. Po1ice units must respond to 62.10% of Priority 2 cans within 7 minutes or less and maintain an average response time to an Priority 2 cans of 7 minutes or Jess. The proposed project would compJy with this Threshold Standard. Comments: According to the ChuJa Vista Police Department, the telecommunication switching faci1ity addition wi1l not impact the current level of service. The Police Department reports that the proposed project would not result in a significant impact to the Police Threshold standards. Mitigation: No-mitigation measures are required. c) Traffic 0 0 0 [g 1. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS of "D" can 13 ---.-.--..---.----.- ..--- occur for no more than any two hours of the day. 2. West ofI-805: Those signalized intersections which do not meet the standard above may continue to operate at their CUITent 1991 LOS, but shan not worsen. Comments: According to the Engineering Department, the proposed project will not generate a significant increase in traffic. There win be an estimated worse case total of thirty (30) average daily trips (ADT) generated by the project. The additional trips win not result in significant impacts to the City's traffic thresholds, LOS "c" or better. Telegraph Canyon Road currently operates at a Level-of- Service "A" and the proposed project would contribute minor daily trips; therefore, the affected street segments would continue to operate at LOS "A". after construction. According to the Engineering Division, the proposed project will comply with the drainage 'Threshold Standard. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant leve1. t) Sewer 0 0 0 181 The 'Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master PIan(s) and City Engineering Standards. The proposed project would comply with this 'Threshold Standard. Comments: According to the Engineering Department, there are two existing sewer lines that service the project site. The existing facility service consists of an 8-inch sewer line flowing southerly, along Apache Drive, into the IS-inch line in Telegraph Canyon. The average daily sewage generation of 1,325 gallons/day does not represent a significant impact and the sewer thresholds can be accommodated. Mitigation: No mitigation measures are required. g) Water 0 0 0 181 The 'Threshold Standards require that adequate storage, treatment, and transmission facilities be constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project would comply with this 'Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City ofChula Vista has in effect at the time of building pennit issuance. Comments: According to the Otay Water District, the project can be served by the existing lO-inch water main along Apache Drive. No new water service is needed to serve the teJecommunication switching facility. According to the Chula Vista Fire Department, fire flow is available to serve the proposed project No significant water impacts will be created as a result of the proposed project Mitigation: No mitigation measures are required. Pot'.Iia", Sign;6"'.t '-'" Iha. Poto.."" u""" S;..;o",ol No 5;,.;0",.. M";ga.'" Impact Impact Impact XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 181 15 b) Communications systems? 0 0 0 Ii! c) Local or regional water treatment or distribution 0 0 0 Ii! facilities? d) Sewer or septic tanks? 0 0 0 Ii! e) Stonn water drainage? 0 0 0 Ii! f) Solid waste disposal? 0 0 0 Ii! Comments: The proposed project is located in an urbanized area with existing utility and service facilities. The proposed project is not anticipated to result in the significant need for new systems or alterations to existing facility utilities. According to the applicant, Pacific Bell, the proposed project serves to meet the demand for new telecommunication services within the Chula Vista area. The City Engineering Department reports that the 8-inch sewer line on the southerly side of Apache Drive connecting to the IS-inch Te1egraph Canyon Sewer is adequate to handle the proposed project. According to the Otay Water District, the existing lO-inch water main on Apache Drive provides adequate service to the proposed project. No significant utilities and service system impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. P",'n""y SI.."""n, Le~ 'h.n Po"n'~'y Unl~, SI..man, Nn SI..man' M"'",.., 1m.." Imp." 1m.." XIV. AESTHEFICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 I!! public or will the proposal result in the creation of an aesthetical1y offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 I!! scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 I!! d) Create added light or g1are sources that could 0 0 0 I!! increase the leve1 of sky glow in an area or cause this project to fail to comp1y with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spil1 light? 0 0 0 I!! Comments: The proposed project is located in an urbanized area within the eastern portion of the community. The existing building sits on a level pad adjacent to Telegraph Canyon Road, a scenic 16 corridor. The project is a continuation of the existing land use resulting in the same building design, height and architectural design. The proposed project serves to accommodate a larger emergency power generator engine and support equipment. The project includes the removal of an existing UST and the installation of a new larger UST to service the larger engine. The proposed project includes perimeter fencing, retaining walls, parking lot, on-site landscaped treatments, interior 24-foot security lighting, and security gate. Standard lighting spillage restrictions onto adjacent residential properties and street segments are incorporated into the project design. There wi]] be no building height impediments that wi]] block scenic vistas or viewpoints on, or adjacent to, the property as the building height wi]] be in conformance with the City height requirements and the placement of the building addition will be an extension of the existing building. The building addition wi]] be 70-feet from the north and west property lines. The proposed project includes an angled retaining wa]], ] ]-feet in height, adjacent to the proposed building facing away from Telegraph Canyon Road. Additional wall sections will be placed along the northwest portion of the proposed parking lot, which would not be visible from Telegraph Canyon Road. The project incorporates proper design, siting and landscaping treatments similar to the existing facility, which reinforces the scenic qualities along Telegraph Canyon Road. The proposed project as designed would not result in significant aesthetic impacts or create additional light spi]]age onto adjacent street segments or residential properties. Mitigation: No mitigation measures are required. Po..o",., SI",man! L.~ Ih,. Po"nlta., Unl"" SI,omanl No S;",m"O! Mlti,.... Imp", 1m.." 1m.." XV. CULTURAL RESOURCES. Would the proposar a) Wi]] the proposal resu1t in the a1teration of or 0 0 0 c;¡ the destruction or a prehistoric or historic archaeological site? b) Wi]] the proposal resu1t in adverse physical or 0 0 0 c;¡ aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 c;¡ physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing rehgious or 0 0 0 ¡;¡ sacred uses within the potentia] impact area? e) Is the area identified on the City's Genera] Plan 0 0 0 c;¡ EIR as an area of high potential for archeological resources? 17 .-.,.,.,.-.-. --..-.,. ..-- - ._..- Comments: The Conservation and Open Space Element of the General Plan does not identify the subject site or surrounding ,.;cínity as an area of potential cultural resources. The site has already been disturbed by the existing telecommunications switching facility and existing UST. Therefore, no significant cultural resource impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. Potm","., S¡""'~n' 1-=.hon Poton","., Un"" Si.n;r~n' No Signllian. hi"'...", Impo" Impo" 1m.." XVI. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 I! proposal result in the alteration of or the destruction of paleontological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or surrounding vicinity as an area of potential paleontological resources. No significant paleontological resource impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. Po.ont..", S¡.nill~n' 1-=thoo Poton""', Un'~ Si.nman' No Si..m".. hliti",o' Impo" Impo" 1m.." XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 I! regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 I! c) Interfere with recreation parks & recreation 0 0 0 I! plans or programs? Comments: The proposed project is consistent with the City's Genera] Plan Parks and Recreation Element. Thc proposed faci1ity does not increase the need for new parks or recreational faci1ities. No park pad fees would be required as this is not a residential land use. No significant recreation impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. 18 ,.- '-"'.-.--"-'0--- -- p",=",u, s;.....~. "",.h.. P"'m"., U..... S;..if~n' No S;..ma.' M;,;g,." Impo" Impo" Impo" ~.~ATORYmNDmGSOF SIGNIFICANCE: See Negative Declaration Jar mandatory findings oj significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade 0 0 0 [g the quality ofthe environment, substantial1y 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 community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The project site is cUITently developed with an existing telecommunications switching facility and located in a ful1y urbanized area of eastern Chula Vista. No known sensitive plants or animal resources are present on the project site. The proposed project wil1 have no significant impact to the quality of the environment, result in a reduction of the habitat of wildlife species or threaten historical resources. Mitigation: No mitigation measures are required. b) Does the project have the potential to achieve 0 0 0 [g short-tenD, to the disadvantage oflong-tenn, environmental goals? Comments: The proposed project wi1l not affect long-tenD environmental goals of the City because the project is consistent with the City of Chula Vista General Plan and the Draft Multiple Species Conservation Program Subarea Plan (dated October 9, 2000) which designates the area for development. Mitigation: No mitigation measures are required. c) Does the project have impacts that are 0 0 0 [g individual1y 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 CUITent projects, and the effects of probable future projects.) 19 ._~ ----.....--.--.-----. -.---- - ---- Comments: There are no other current or foreseeable projects in the surrounding area that would contribute to cumulatively significant considerable. impacts. This is a modification of an existing public-quasi use within a fully urbanized area of eastern Chula Vista and consistent with the goals and objectives of the General Plan. No significant cumulative impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. d) Does the project have environmental effects 0 0 0 ~ which wil1 cause substantial adverse effects on human beings, either directly or indirectly? Comments: This is the second phase of development of a telecommunications switching facility. The existing land use has been in operation for a period of 28 years. The project site is adjacent to residential units located at the top of steep slopes, along the north and northwest property lines. Residential units are located to the east of the project site, across Apache Drive. According to City records, there have been no known nuisance complaints regarding the existing business operations. The project is mitigated to lessen potential significant impacts to a level of less than significance. No significant effects on human beings are anticipated to result ITom the proposed telecommunications switching facility expansion. The proposed project is designed in such a way as not to create substantial adverse effects on human beings. Mitigation: No mitigation measures are required. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Air Quality Construction Related Impacts 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust- generating activities to reduce dust emissions. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. 20 W aterlDrainage Construction Related Impacts 8. The applicant shall comply with the National Pollution Discharge Elimination System (NPDES) Municipal Permit Order No. 2001-01 and Best Management Practices (BMPs) during and after development to prevent erosion and. sedimentation in the downstream stonn drain system. 9. Grading and improvement plans shall be submitted to the City Engineer for review and approval. Grading plans shall incorporate all recommendations of the preliminary Geotechnical E va1uation prepared by Geotechnics Incorporated, dated August 31, 2001. 10. Temporary desi1ting and erosion control devices shall be installed to control short-tenn erosion. These measures shall be reflected in the grading and improvement p1ans. These devices may include desilting basins, benns, hay bales, si1t fences, dikes and shoring. Protective devices will be provided at every stonn drain inlet to prevent sediment, trash and silt fi-om entering the stonn drain system. These measures shall be reflected in the grading and improvement plans. 11. Catch basin fi1ters shall be maintained and inspected as scheduJed by the City of Chula Vista Engineering Department. Long Tenn Impacts 12. The applícant shall comply with the National Pollution Discharge Elimination System (NPDES) Municipal Pennit Order No. 2001-01 and Best Management Practices (BMPs) during and after deve]opment to prevent erosion and sedimentation in the downstream stonn drain system. ] 3. Catch basin filters shall be maintained and inspected as scheduled by the City of Chula Vista Engineering DepaI1ment. Noise Long Tenn Impacts 14. Any engine room ventilation fans must be directed through a 7-foot exhaust siJencer and either inside the engine room or within a separate noise control enclosure within the building. The Exhaust Si1encer (Muffler) must be a GT Exhaust Systems Muffler, Extreme Applícations Series 20]-6]00, or equivaJent. 15. 1nterior radiator, chillers, and air handlers must be surrounded with 3-foot silencers. 16. Construction of any door(s) installed in the engine room wall must be acoustica11y rated with an STC rating of 53 or higher. 17. Air handlers must be surrounded with a 3S 3-foot lAC in-líne silencer, or equivalent that meets or exceeds all specifications as noted in the Noise Study dated December 21, 2001 and amended February 6, 2002. 18. Upon comp]etion of construction, noise monitoring shall be conducted by a qualífied acoustician to verifY that noise leveJs do not exceed 45 dBA at the residential property Jines. Prior to issuance of the certificate of 2] ---- ...---__.___0. ---- _._- occupancy, a Jetter prepared by the qualified acoustician documenting the noise monitoring results shall be submitted to the Environmental Review Coordinator. Hazards Construction Related Impacts 19. The applicant shall be responsible for obtaining all required pennits related to hazardous materials ITom State and local agencies, including the San Diego County Department of Environmental HeaJth, City Fire Marshal's Office and City Planning and Building Department Air Quality. 20. The applicant shall be responsible for obtaining all required pennits related to the removal of the existing UST and the installation ofthe new UST from the County of San Diego Environmental Health Department, City Fire Marsha]'s Office and City Planning and Building Department and shall provide proof of having obtained such pennits to the City ofChula Vista prior to the issuance of building pennits. The new UST and generator shall be installed and operational prior to the removal of the existing UST and generator. 21. Should contaminated soils be discovered upon the removal of the existing UST, .the submittaJ of a remediation plan to the County of San Diego Environmental Health Department, City Fire Marshal's Office and City Planning and Building Department for review and approval will be required. Prior to the issuance of building pennits, documentation ITom the County of San Diego shall be submitted to the City of Chula Vista verifying that soil contamination has been adequately remediated. 22 H_. .--_... ----.--."".------.- XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) 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 wil1 implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shal1 indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shal1 apply for an Environmental Impact Report. Printed Name and Title of Authorized Representative [Property Owner's Name] Signature of Authorized Representative Date [property O"'Der's Name] Hector Zuniga, Project Manager Al1ied Design Group I ~-U"~ Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potential1y Significant Impact" or "Potential1y Significant Unless Mitigated," as indicated by the checklist on the fol1owing pages. D Land Use and Planning D Transportation/Circulation D Public Services 0 PopulatIOn and Housing 0 Biological Resources 0 Utilities and Service Systems . Geophysical 0 Energy and Mineral Resources 0 Aesthetics 23 ._., - .,._,. ".-...-.-".- -..--- --.-' . Water . Hazards 0 Cultural Resources . Air Quality . Noise 0 Recreation 0 Paleontology 0 Mandatory Findings of Significance XII. DETERMINATION: On the basis ofthis initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. 0 and a NEGATIVE DECLARATION wi1l be prepared. I find that although the proposed project could have a significant effect on the . environment, there wi1l not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the projecL A MITIGATED NEGATIVE DECLARATION wi1l be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but 0 at least one effect: 1) 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 "potentia1ly significant impacts" or "potentia1ly significant unless mitigated." An ENVIRONMENTAL 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 a1l potentia1ly 0 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 ofthis detennination. ;?;~¿/~ ~. ~þ(P/t),;2, Marilyn K . PonseggJ Date { Environmental Review Coordinator City of Chula Vista JW¡'"n;ngIMARIAIImÜ,1 StudyIIS-O2-17chkl,tdoc 24 -' -, RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-02-17, AND APPROVING A CONDITIONAL USE PERMIT, PCC- 02-43, TO PACIFIC BELL, WHICH AMENDS CONDITIONAL USE PERMIT AND PRECISE PLAN PCC-74-27 AND ALLOWS A l2,900-SQUARE-FOOT BUILDING ADDITION AND ENLARGED UNDERGROUND STORAGE FUEL TANK AT 1090 APACHE DRIVE. A. RECITALS 1. Project Site WHEREAS, the parcel that is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1090 Apache Drive ("Project Site"); and 2. Project Applicant WHEREAS, on August 10, 2001 a duly verified application for a Conditional Use Permit (PCC-02-43) was filed with the City of Chula Vista Planning Division by Pacific Bell (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct a l2,900square- foot, two-story building addition to the existing building, relocating the site of an underground storage fuel tank, and replacing the existing 6,000- gallon fuel tank with a 12,000-gallon tank at 1090 Apache Drive; and 4. Environmental Detennination WHEREAS, in accordance with the requirements of the California Environmental Quality Act (CEQA), the Environmental Review Coordinator detennined that the Project required the preparation of an Initial Study. Such study (IS-02-l7) was prepared by city staff, and based on such study, a Mitigated Negative Declaration was prepared and circulated for pubJic review. I .; _u_-- - ~..-- -.-.---.-----------. WHEREAS, the Resource Conservation Commission determined that the Initial Study was adequate and recommended adoption of a Mitigated NegativeDeclaration on March 4, 2002, in compliance with CEQA. The Planning Commission recommended adoption of the same Mitigated Negative Declaration on March 13,2002. 5. Planning Commission Record on Application WHEREAS, the Planning Commission hearing was scheduled and advertised for March 13, 2002 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, at which time the Planning Commission voted 4-0-0-3 to recommend that the City Council approve the Project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution PCC-02-43; and 6. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on April 9, 2002 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, detennine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on March 13, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. D. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgment of the City of Chula Vista City Council, and hereby adopts the Mitigated Negative Declaration, a copy of which is on file in the office of the City Clerk. 2 E. PRECISE PLAN FINDINGS 1. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injnrious to property or improvements in the vicinity. The proposed use will not pose a danger to the health, safety or general welfare to the general public. A Mitigated Negative Declaration prepared by the city's environmental review coordinator indicates that when mitigation measures are followed, there will be no significant environmental impacts. 2. That such plan satisfies the principle for the application of the P modifying district as set forth in CVMC 19.56.041. The existing plan satisfies the principle for the application of the P modifying district as set forth in CYMC 19.56.041. The amendment to the existing Precise Plan, which increases the square footage of the existing building, increases the size of the existing underground storage fuel tank, and relocates it on the site, is consistent with the principle for the application of the P modifying district 3. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district. The additional square footage being proposed to the existing building will not deviate from the underlying zoning requirements. 4. That approval of this plan will conform to the general plan and the adopted policies of the city. The General Plan delineates the slope along Telegraph Canyon Road as Open Space, and Telegraph Canyon Road as a Designated Scenic Roadway. The proposed addition to the existing substation will not adversely affect these General Plan elements for the following reasons: A. The substation is one of several types of utility stations whose locations are dictated by the foci of their present and projected service areas. As an unclassified use in the Zoning Ordinance, these stations can be built in any area of the city regardless of zoning, subject to a conditional use permit This same reason is applicable to the General Plan; since utility substations are not called out on the General Plan they are to be located wherever they are needed and are considered compatible with any General Plan designation (although their location in the heart of a residential zone may be inappropriate). 3 - B. Subject to the conditions of approval, the facility will conform to the development guidelines of the Designated Scenic Roadway Element regarding building heights, architecture, landscaping and signing. Since the open space in this particular area is primarily "visual open space" along the Designated Scenic Roadway of Telegraph Canyon Road (with little or no resource or recreational value), compliance of the development with the Designated Scenic Roadway Element will also accomplish the objectives and policies of the Open Space Element. The project is also in compliance with the previously approved conditional use permit and Precise Plan PCC- 74-27. F. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The addition to the Pacific Bell switching station at this location is necessary because of its proximity to present and future telephone main distribution cables. The addition will provide an essential service to existing telephone subscribers in the eastern Chula Vista area. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed use will not pose a danger to the health, safety or general welfare to the general public. A Mitigated Negative Declaration prepared by the city's environmental review coordinator indicates that when mitigation measures are followed, there will be no significant environmental impacts. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly 4 ~" - .-----.-.-.-------- . related to and are of a nature and scope related to the size and impact of the project 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The General Plan delineates the slope along Telegraph Canyon Road as Open Space, and Telegraph Canyon Road as a Designated Scenic Roadway. The proposed addition to the existing substation will not adversely affect these General Plan elements for the following reasons: A. The substation is one of several types of utility stations whose locations are dictated by the foci of their present and projected service areas. As an unclassified use in the Zoning Ordinance, these stations can be built in any area of the city regardless of zoning, subject to a conditional use permit. This same reason is applicable to the General Plan; since utility substations are not called out on the General Plan they are to be located wherever they are needed and are considered compatible with any General Plan designation (although their location in the heart of a residential zone may be inappropriate). B. Subject to the conditions of approval, the facility will conform to the development guidelines of the Designated Scenic Roadway Element regarding building heights, architecture, landscaping and signing. Since the open space in this particular area is primarily "visual open space" along the Designated Scenic Roadway of Telegraph Canyon Road (with little or no resource or recreational value), compliance of the development with the Designated Scenic Roadway Element will also accomplish the objectives and policies of the Open Space Element. The project is also in compliance with the previously approved conditional use permit and Precise Plan PCC- 74-27. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-O2-43 subject to the following conditions: PUBLIC WORKS 1. Prior to issuance of occupancy permit, remove and replace curb, gutter and sidewalk (damaged by Pepper Tree on private property) on Apache Drive, as marked in white. 5 :" - ENGINEERING DEPARTMENT 2. All appropriate fees shall be paid. The following fees shall be paid based on the final building plans submitted sewer capacity fees based on all new construction or additional plumbing fixtures; traffic signal fees based on the difference between the existing and proposed use; and development impact fees. 3. A grading permit shall be obtained prior to commencement of any grading activities. SCHOOL DISTRICT 4. Prior to the issuance of a building permit, a developer fee of $O33/square foot of the new building addition will be charged by the Chula Vista Elementary School District Said fee is payable to the Chula Vista Building Division. PLANNING DIVISION 5. Project shall comply with all conditions of approval ofPCC-74-27. 6. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 7. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant' sloperator' s compliance with this provision is an express condition of this conditional use permit and 6 .') -/ this provision shall be binding on any and all of Applicant's/operator's successors and assigns. H. ADDITIONAL TERMS AND PROVISIONS TO GRANT I. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. 3. Any violations of the tenus and conditions of this permit shall be ground for revocation or modification of permit I. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City Clerk and Planning Department Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. - Signature of Representative of Date Pacific Bell J. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk K. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be 7 /?-j) ) THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS 9TH DAY OF APRIL 2002. Presented by Approved as to fonn by -/Jd; Robert A. Leiter, Director of ttomey Planning & Building II\PLANNING\I'CC~(J2~43 Pa,B,11 CC [(""d", 8 -/ ß/ COUNCIL AGENDA STATEMENT Item No.: dO Meeting Date: 04/09/02 ITEM TITLE: Report; Consideration of the proposed General Plan Update Public Outreach Strategy. SUBMITTED BY: Di,~"" of Pllli;i" llid B'ildi"'~ REVIEWED BY: City Manager ~t,.,e-- (4/5ths Vote: Yes- No--X-> i'" 1. On November 6, 2001, the City Council approved a work program and budget for the comprehensive update of the General Plan. In accordance with that work program, a draft Public Outreach Strategy has been developed to guide the public information and participation component. This report presents the proposed Public Outreach Strategy for Council action. RECOMMENDATION: That the City Council accept the report, and direct staff to implement the strategy. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background While the fundamental components of a public information and participation program were included in the General Plan Update work program approved on November 6, 2001, the report also indicated that the General Plan Management Team (GPMT) determined that it would be beneficial to have an outside specialist work with staff and management to prepare a more detailed strategy for the organization, coordination, and scheduling of the public information and participation program. As a result, the City entered into an agreement with the firm of Moore Iacofano Goltsman, Inc. (MIG) for consultant services to develop a public outreach strategy. MIG facilitated a workshop with the GPMT on November 30, 2001 and conducted interviews of key community stakeholders in January, 2002. Based on the input 1T0m the GPMT and the results 1T0m the interviews, MIG prepared an outreach strategy proposal, which was presented and discussed at a second facilitated workshop with the management team on February 1, 2002. Attachment 1 provides a structural overview of the strategy. ----. -- Page 2, Item No.: .20 Meeting Date: 04/09/02 Overview of the Proposed Public Outreach Strategy The following is an overview of the proposed outreach strategy, which is outlined below and illustrated in the conceptual time line on Attachment 1. The discussions provide descriptions of the major tasks involved with each component of the Strategy. A. Key Person Interviews B. Communications and Publicity Actions 1. Spotlight Articles 2. Web Page 3. Power Point Presentations 4. Other Media C. Key Agencies Participation D. "Visioneer" Program E. Community Vision Planning F. Town Hall Meetings 1. Town Hall I-Chula Vista Vision 2020-Community Festival 2. Town Hall II-Areawide Studies, Community Issues, Land Use Alternatives 3. Town Hall III-Neighborhood Outreach, Community Vision Planning, General Plan Alternatives G. General Plan Advisory Committees H. Formal General Plan Adoption Process Key Person Interviews In January 2002, MIG interviewed 10 key persons representing various community stakeholder categories including residents, business, industry, institutions, social service providers, ethnic populations, elderly, and youth. The purpose of the interviews was to Page 3, Item No.: .,.2ø Meeting Date: 04/09/02 3. "Affordable housing" - the city is increasingly expensive to live in, but remains one of the few relatively affordable places in the county. 4. Neighborhood upgrade and preservation" - on the west side, older neighborhoods are viable but need to be upgraded. 5. "Bayfront construction" - how will development of the baylTont impact the city. In addition, those interviewed commented on what a successful General Plan Update process would do: 1. "Set an overall vision and direction for the City, establish goals, and map out a way of attaining them. . . The City needs to determine what the city will look like in 10 years and how Chula Vista will fit into the rest of the County. . . How Chula Vista grows and develops will determine the future of San Diego county." 2. "Be a visionary, living document with measurable results." 3. "Convey the future of the City simply and clearly - have a focus on educating the public and telling a story, without the use of planning jargon." 4. "Help put Chula Vista on the map - maintaining visibility for the City, and supporting the development of focal points such as a performing arts center. Give a clear image to the city." 5. "Preserve the special character of Chula Vista-keep the neighborhood feel, maintaining and enhancing the older parts of the City. Give a direction for creating a waterfront and West side plan that takes advantage of the potential in these areas." 6. "Create a unified Chula Vista-integrate the developing neighborhoods on the East side with each other, creating central gathering places and linking the East and the West sides of the City." A list of potential key stakeholder groups and contacts was also compiled from the interviewees, including those representing business communities, the Latino community, youth, elderly, service groups, residents, mobile home owners, etc. These will be added to a master list to build a "community map" of stakeholder groups and members of the community to involve in the outreach and participation process. This mapping process will continue as outreach is conducted and will result in an extensive and comprehensive picture of the community's make-up. Potential resources and partnerships for the outreach effort were also identified and, in some cases, volunteered by interviewees through their own existing organizational resources and networks-these included South Bay Community Services and the Chula Vista Coordinating Council. .)0 -- Page 4, Item No.: 20 Meeting Date: 04/09/02 Communications and Publicity Actions Spotlil!ht Articles. Spotlight publications during the update process will include articles on General Plan activities and outcomes. The latest issue of Spotlight was distributed during the last week of February and included an article that introduced the public to the General Plan Update and participation process. The article announced the first public event and provided references to other sources of information, including the General Plan Web site and telephone line. Web Site. The General Plan Update Web site has been incorporated into the City's existing Web site. The Web site provides up-to-date information on the update progress; encourages public participation and input; allows interaction through email and online forums; gives timely notification of important dates and events; and maximizes the availability of documents including maps, study results, reports, plan alternatives, and other information as it becomes available. The Web site was made available to the public during the first week of March, and will be updated throughout the process. PowerPoint Presentations. PowerPoint presentations will be developed for presentations to community groups, organizations, other agencies, and the general public. Remote presentations would be made available as a downloadable file from the General Plan Web site. The presentations will be maintained and updated on an on-going basis to provide current information on the update progress, and new information and results from studies, reports, and other sources as they become available. The initial presentations are expected to begin in late March. Other Media. In coordination with the Office of Communications, other media to be developed for communications and publicity will include: Press releases at appropriate milestones and prior to important dates and events; cable television broadcasts of presentations and meetings; newsletters, flyers, and brochures for distribution to mailing lists, at events, on displays, and as inserts to other publications. In addition, these materials would be made available on the General Plan Web Page as downloadable files. The content of these media will be updated as needed to provide current information on the update progress and new information and results 1T0m studies, reports, and other sources as they becomes available. Key Agencies Participation Key agencies and organizations will be solicited and invited to participate on various levels of the public outreach effort. The levels of participation would range based on the function and role of the agency or organization in the community and in relation to the City's role. The level of participation ranges 1T0m simple distribution of update materials and information to members or constituency of the agency or organization, to involved partnerships with the City in conducting technical studies and policy development and evaluation. Some of the key agencies and organizations include MTDB, SANDAG, the - ----~---_._-- Page 5, Item No.: .;2.f!) Meeting Date: 04/09/02 school districts, the water districts, utility providers, social service providers, and community service organizations. Staff will be meeting with affected/interested agencies and organizations in March and April to coordinate their involvement. "Visioneer" Program The public would be invited to participate in the update process as trained "Visioneers." Visioneers are citizens who volunteer their time to distribute materials and collect input from individuals and members of groups, organizations, neighborhoods, and communities to which they belong. Standardized input cards would be collected, tabulated, and addressed as part of the update process. The Visioneer program would allow the City to use its citizen resources to reach out to various stakeholders and members of the community to encourage their participation. Communitv Vision Planning Immediately following the second town hall meeting, outreach would begin at the community and neighborhood level to discuss and evaluate localized implementation of the city-wide land use framework alternatives. Visioneers would be requested to facilitate public input at this level along with City staff and consultants. Land use, transportation and other neighborhood improvement issues would be addressed through a series of neighborhood meetings, and the results would be incorporated into the citywide land use and transportation alternatives to be presented at the third town hall meeting. Town Hall Meetings Three citywide town hall meetings will be held during the course of the General Plan Update process. These meetings have been designed by the consultant to receive community input and discussion of General Plan proposals and alternatives as the process evolves. Town Hall L The first town hall meeting, entitled "Chula Vista Vision 2020-A Community Festival" serves as the public kick-off for the General Plan Update. It is scheduled for April 27, 2002 from 9:00 a.m. to 1:00 p.m. at Chula Vista High School. The Festival will consist of two parts: (1) a facilitated town-hall-style workshop and (2) an information fair. The facilitated workshop would consist of three separate, I-hour discussion sessions that would be facilitated by MIG to gather public input on community issues and concerns. Each session would be focused on a particular topic such as ensuring adequate roads and transit, maintaining and enhancing community character, and meeting facility and service demands. Public input would be recorded and addressed as the update progresses. The public would also be informed of ways to further participate in the update process. In Page 6, Item No.: .;20 Meeting Date: 04/09/02 coordination with the Office of Communications, the video productions of the workshop sessions will be made available for viewing and will also be aired on cable television. The information fair would consist of display booths occupied by other City departments, service providers, community organizations, and other agencies. The booths would allow the opportunity to disseminate relevant information on current efforts to address community issues as well as to provide general information on services available to the community. Town Hall II. This second of the three major public participation meetings is anticipated to occur in SeptemberlOctober 2002. Results 1T0m the Visioneer program and other public input would be presented to the community, along with information from area-wide studies and technical reports, such as land use, economic development, transportation, and infrastructure. Based on the completed studies, conceptual city-wide land use and transportation alternatives would also be presented for discussion at this meeting. Town Hall III. This would be the last of the three major public participation meetings. Results from the community vision program and other public input would be presented, along with information from studies and reports related to the environmental review and technical studies for the Update. The collective land use and transportation proposals from these efforts would be discussed, and used to develop final draft General Plan alternatives, and a preferred alternative, to be evaluated in the final environmental analysis and public hearing process. General Plan Advisory Committees In addition to general public outreach through the Town Hall Meetings and the Visioneer process, it is also proposed that advisory committees be formed to provide oversight and input to the Update process, and to the overall objectives and vision for the General Plan. The proposed committee structure would consist of a Steering Committee, and three Subcommittees tied to each of the four major topic areas of the GPU; economic development, environmental & open space, inlTastructure & services. The committees are intended as a means for ongoing involvement in the Update by key stakeholder groups, members of City boards and commissions, and citizens. Attachment 2 presents a diagram of the proposed committees' makeup and organization which is described below. Steering Committee The Steering Committee would primarily provide oversight to the GPU process, and build and sustain community leadership for the project. It would serve to facilitate communication among key stakeholders by providing a conduit for sharing information, issues and the perspectives of diverse interests in the community. In this capacity, it would be used to guide establishment of a common, citywide vision, and to keep Page?, Item No.: ~ Meeting Date: 04/09/02 everyone moving in that direction by providing the opportunity to monitor how each stakeholder is advancing the process and meeting objectives. The Steering Committee would also be used to synthesize information coming from the areawide studies and the Subcommittees in the development of land use and transportation alternatives for the GPU. It is presently envisioned to consist of up to II members. Five to seven (5-7) members would represent each of the key stakeholder groups (Business, Education, Environment, Community Services, Finance/Real Estate, and Transportation). Four (4) members would be residents representing main geographic subareas of the City. It is likely that several of the stakeholder group representatives may also be residents. To foster continuity and awareness between the Steering Committee and the Subcommittees, it is proposed that a member from each Subcommittee serve on the Steering Committee to represent that stakeholder group. Subcommittees The three proposed Subcommittees (Economic Development, Environmental & Open Space, and Infrastructure & Services) are primarily intended to serve as a means to identify and discuss issues and concerns, opportunities and constraints, and key values and objectives related to each of the subject areas. They will also review information from related areawide studies as it regards these efforts, and advance this information to the Steering Committee. The Subcommittees are envisioned to consist of approximately 5-7 people each, and would include representation from City boards and commissions, community organizations and residents. In the case of Economic Development, staff is proposing that the existing Economic Development Strategy Blue Ribbon Committee be used as the Subcommittee. If Council concurs with the above overall approach for use of committees, staff will move forward to refine specific roles and responsibilities, and a membership structure for each, and return them for Council action by mid-May. This timing is based on staff's current intent to solicit interest in participating on the committees through outreach efforts to organizations, agencies, and boards and commissions during April. Formal General Plan Adoption Process The formal adoption process would follow the final public town hall. The final draft General Plan document and environmental impact report would be developed, and presented in public hearings before the Planning Commission, and the City Council for final action. Page 8, Item No.: ..2.ø Meeting Date: 04/09/02 FISCAL IMPACT: Existing funds have been identified 1T0m the budgets of the Planning and Building Department, the Office of Communications, and ODT for the additional tasks associated with the proposed Public Outreach Strategy; therefore, the implementation of the strategy will not result in any new, net fiscal impacts. Attachments L Public Outreach Strategy - "The Bridge lTom Here to There" MIG 2. 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