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HomeMy WebLinkAboutAgenda Packet 2003/05/27CITY COUNCIL AGENDA May 27, 2003 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CIIY OF CHULA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk 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 6:00 P.M. May 27, 2003 CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO TED SANCHEZ, REPRESENTATIVE OF THE ALS ASSOCIATION, PROCLAiMING THE MONTH OF MAY 2003 AS NATIONAL ALS AWARENESS MONTH · PRESENTATION OF A CONSTITUENT SERVICE AWARD BY MAYOR PADILLA PRESENTATION BY ANTHONY JEMISON, CHAIRPERSON OF THE HUMAN RELATIONS COMMISSION, OF THE CITY'S FIRST CIVIC AWARD TO RUBEN CASTANEDA PRESENTATION BY REBECCA DAVIS, ASSOCIATE REGIONAL PLANNER, SAN DIEGO ASSOCIATION OF GOVERNMENTS, REGARDING HOUSING TRUST FUNDS CONSENT CALENDAR (Items 1 through 16) The Councd 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 SpeakS'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 pubHc will be the first items of business. I. APPROVAL OF M1NUTES of May 6, 2003. Staff recommendation: Council approve the minutes. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,681 IN UNANTICIPATED REVENUES FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE RECREATION DEPARTMENT FOR SENIOR SERVICES (4/5THS VOTE REQUIRED) The Serfior Information and Referral Services Section of the Recreation Department, in collaboration with other agencies, was awarded two CDBG grants for Fiscal Year 2002/2003. A portion of this funding, $6,681, was not budgeted and needs to be appropriated for two senior services programs, Project Care and Leisure Connection, and for the purchase of a computer. (Director of Recreation) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO CALIFORNIA DEPARTMENT OF TRANSPORTATION OF FOUR APPLICATIONS FOR THE "SAFE ROUTES TO SCHOOL" PROGRAM GRANTS FOR FISCAL YEAR 2003/2004 The City of Chula Vista has submitted four applications to the California Department of Transportation (CalTrans) for the Safe Routes to School Program. This program uses federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects. Projects are chosen and then approved for funding after the applications have been evaluated and assigned a priority by CalTrans. (Director of Engineering) Staffrecommendation: Council adopt the resolution. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 13.14.110(A), RELATING TO THE SEWER SERVICE CHARGES The sewer service charges are fees that every property owner or occupant of property connected to the sewer system in Chula Vista is required to pay for the operation and maintenance of the sewer system and other related expenditures. Adoption of the ordinance amends Section 13.14.110(A) to clarify the mechanism for establishing the charge. (Director of Engineering) Staffrecommendation: Council place the ordinance on first reading. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,450,000 FROM THE AVAILABLE BALANCE OF THE SEWER SERVICE REVENUE FUND TO PAY FOR UNANTICIPATED METROPOLITAN WASTEWATER DISTRICT EXPENDITURES (4/5THS VOTE REQUIRED) In June 2001, the City adopted the budget for Fiscal Year 2001/2002, which included a budget for wastewater treatment costs payable to the City of San Diego Metropolitan Wastewater District (Metro). The amount budgeted for Metro expenditures in Fiscal Year 2001/2002 was $14,800,732, and was based on flow projections for that year. However, Metro recently completed the annual audit for Fiscal Year 2001/2002, and re-determined the City's total cost based on actual flows generated. The revised cost was determined to be $15,503,151. Therefore, additional funds are needed to pay for the additional treatment costs for Fiscal Year 2001/2002. Furthermore, additional funds are also required to cover other Metro expenditures for Fiscal Year 2002/2003. (Director of Engineering) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda 05/27/03 7A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE FIRM OF KIMLEY-HORN AND ASSOCIATES, TO PROVIDE TRAFFIC ENGINEERING SERVICES RELATED TO A TRANSPORTATION STUDY FOR THE GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAiD AGREEMENT In November 2001, the City Council approved an overall work program and budget for the General Plan Update (GPU) project which involved the preparation of several studies to be done by consultants, including the preparation of a transportation study. The GPU project is now at a point where transportation evaluations need to commence. The City's selection committee chose Kimley-Hom Associates, Inc. for the study. The work will include the preparation of an updated model and the analysis of the transportation effects of various General Plan land use and transportation altematives. The Study will specifically consider the effects of the expanded use of transit and other methods of mobility to reduce auto usage, and will evaluate alternative urban service standards. (Director of Engineering) Staffrecomrnendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATiVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06I (EASTLAKE ~ WOODS, VISTAS AND LAND SWAP) DECLARING THE RESULTS OF A SPECIAL ELECTION TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED IN IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES DISTRICT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN ANNEXATION AREA TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE-WOODS, VISTAS AND LAND SWAP) AND DESIGNATED AS IMPROVEMENT AREA B THERETO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2881 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX On May 13, 2003, the City held two public heatings to consider 1) the authorization to modify the rate and method of apportionment (RMA), and 2) the authorization to annex property for Improvement Area B of the Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap). On May 21, 2003, a special election of eligible property owners was held for the purpose of voting on the proposed modifications to the RMA and the annexation of territory for Improvement Area B of the CFD No. 06-I. Adoption of the resolutions and ordinance continues the formal proceedings. (Director of Engineering) Staff reconamendation: Council adopt the resolutions and place the ordinance on first reading. Page 3 - Council Agenda 05/27/03 SA. 9A. RESOLUTI°N OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "D", 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 AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 "D", CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF BOTH RESOLUTION NO. 2000-068 AND RESOLUTION NO. 2002-175, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN PARDEE CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION, AND THE CITY, REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES WITHIN THE RIGHT-OF-WAY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On February 29, 2000, the City Council approved a tentative subdivision map for Chula Vista Tract 99-04, San Miguel Ranch. On August 7, 2001, Council approved San Miguel Ranch Phases one, two, and four - "A" Map No. 1. On May 28, 2002, Council approved a tentative subdivision map and conditions of approval for San Miguel Ranch lot five, Chula Vista Tract 02-08. Adoption of the resolution approves Planning Area "D" (San Miguel Ranch, lot 5) final map within Phase two of San Miguel Ranch by the developer Pardee Construction Company. (Director of Engineering) Staffrecommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "G", 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 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 "G", 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 4 - Council Agenda 05/27/03 10. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN NNP TRIMARK SAN MIGUEL RANCH, LLC, AND CITY, REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On February 29, 2000, the City Council approved a tentative subdivision map for Chula Vista tract 99-04, San Miguel Ranch.- On August 7, 2001, Council approved San Miguel Ranch Phases one, two, and four ~ "A" Map No. 1. Adoption of the resolutions approves Planning Area "G" final map within Phase two of San Miguel Ranch by the developer, Trimark Pacific-Ventana, LLC. (Director of Engineering) Staff reconunendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING AGREEMENT WITH HB CONSULTING GROUP, FOR ENGINEERING SERVICES RELATED TO HERITAGE ROAD, MAiN STREET AND ROCK MOUNTAIN ROAD AND ADDITIONAL INFRASTRUCTURE NEEDS WITHIN EASTERN CHULA VISTA (CIP NO. STM 350), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING $140,000 FROM THE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO PROJECT C1P NO. STM 350 (4/5THS VOTE REQUIRED) Heritage Road, Main Street and Rock Mountain Road are vital cimulation roadways constituting the most significant east-west and north-south connectors following Olympic Parkway. In order to program these transportation links, and related improvements, ahead of land development, an opportunity and constraints study must be prepared to determine, in advance of land entitlements, the most feasible and economical alignments. Adoption of the resolution approves an agreement with HB Consulting Group to perform this work. Harry Burrowes of liB Consulting Group (formerly a Principal of McGill Martin Self, Inc.) has been involved in the City's recent major projects such as Olympic Parkway and the Traffic Capacity Enhancement projects. Staff recommends waiving the consultant selection process and retaining HB Consulting Group to perform the work to ensure successful completion in the required time fi:ames. The work requires expertise in project management, engineering design, geotechnical review, and environmental analysis. (Director o f Engineering) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $202,031.25 FOR TWO REPLACEMENT TREE TRIMMING TRUCKS TO ALTEC INDUSTRIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF SAN DIEGO BID NO. 4873~02-D Page 5 - Council Agenda 05/27/03 12. 13. The Fiscal Year 2002/2003 Equipment Budget provides for the replacement of two tree trimming tracks. Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. (Director of Public Works, Director of Finance) Staff recommendation: Council adopt the resolution. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 8.21 RELATING TO THE REGULATION OF WHOLESALE FOOD WAREHOUSES Wholesale food warehouses are not adequately regulated by the State of California and recent inspections of some of these food warehouses by the County of San Diego have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food borne illness. Pursuant to state and local law, the County of San Diego is the primary regulator of persons handling and storing food within the City. To address the concern mentioned above, the County wishes to institute a wholesale food warehouse permit and inspection program with consistent roles and regulations throughout the region. To do so, the County needs the City's authorization to conduct such a program within City boundaries and requests that the City adopt (by reference) the County's Wholesale Food Warehouse Ordinance. (Director of Planning and Building) Staff recommendation: Council place the ordinance on first reading. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 GENERAL FUND OPERATING BUDGET IN VARIOUS DEPARTMENTS BY $451,000 TO FUND INCREASED WORKERS' COMPENSATION EXPENSES THROUGH THE END OF FISCAL YEAR 2003, AND APPROPRIATING $451,000 FROM THE WORKERS' COMPENSATION FUND AVAILABLE RESERVES TO TRANSFER TO THE GENERAL FUND FOR THE INCREASED COSTS (4/STHS VOTE REQUIRED) Workers' compensation insurance premium increases that were greater than anticipated, coupled with legislatively mandated mid-year benefit increases and extraordinary claim costs have resulted in a shortfall of funds available to cover claims expenses through the end of the fiscal year. The appropriation and associated allocation of funds will cover these costs. (Director of Human Resources, Director of Finance) Staff recommendation: Council adopt the resolution. Page 6 - Council Agenda 05/27/03 I 14 A. 15 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $3,888,945 OF DEVELOPER CONTRIBUTION FROM THE CAPITAL IMPROVEMENT FUND TO THE PARK ACQUISITION AND DEVELOPMENT FUND; UNENCUMBERING $3,888,945 FROM CIP PROJECT PR- 238 (NEIGHBORHOOD PARK CONSTRUCTION - SUNBOW DEVELOPMENT) FROM THE CAPITAL IMPROVEMENT FUND; AND APPROPRIATING $3,420,117 FROM THE AVAILABLE BALANCE OF THE PARK ACQUISITION AND DEVELOPMENT FUND; AND APPROPRIATING $866,125 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO CIP PROJECT PR-238 (TO BE RENAMED VETERANS PARK) (4/5THS VOTE REQUIRED) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART, INC., FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT VETERANS PARK, LOCATED ALONG EAST PALOMAR BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT IN EASTERN CHULA VISTA, AND AUTHORIZING THE -MAYOR TO EXECUTE SAID AGREEMENT The City Council previously approved CIP project PR-238 and the Master Plan for Veterans Park, which coneeptually designed and provided for the construction of a completed and fully functional park and recreation center. The project is ready to begin the design phase. Adoption of the resolutions appropriates needed funds to design and construct the project and award Douglas E. Bamhart, Inc. the design build agreement for Veterans Park. (CONTINUED FROM THE MEETING OF MAY 20, 2003 - Director of Building and Park Construction) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOOD R-7A/7B, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS 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 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOODS R-7A/7B, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 7 - Council Agenda 05/27/03 On March 26, 2002, the City Council approved a tentative subdivision map for Chula Vista Tract 02-05, Otay Ranch Village 6. On August 27, 2002, by Resolution No. 2002- 344, the City Council approved Village Six "A" Map Units 1 and 2. Adoption of the resolution approves the Final "B" Map for Otay Ranch Village Six, Neighborhoods R- 7A/7B Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement. (Director o f Engineering) Staff recommendation: Council adopt the resolution. 16. REPORT REGARDING IMPLEMENTATION OF SCHOOLS TASK FORCE RECOMMENDATIONS At the City Council meeting of May 13, 2003, the Council received a presentation on the Chula Vista City/Schools Task Force Report by John Moot, Chairman of the Schools Task Force. The City Council referred the report to City staff, and requested an initial report from staff regarding recommended implementation action in two weeks. (Assistant City Manager Morris, Director of Planning and Building) Staff recommendation: Council authorize the Mayor to send a letter to the Sweetwater Union High School District and Chula Vista Elementary School District expressing the City Council's support of the Task Fome recommendation "to create an Ad Hoc Committee of the Agencies to regularly examine and recommend solutions for high enrollment schools," to schedule the first meeting of the Ad Hoc Committee to occur within 60 days of acceptance of the report by the two school districts; direct City staff to work with the staff of the two school districts to develop a recommended work program for evaluation and implementation of the other recommendations, and to present that recommended work program to the Ad Hoc Committee at its first meeting. 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 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. Page 8 - Council Agenda 05/27/03 I 17. 18. CONSIDERATION OF AMENDING THE OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA PLAN TO ADD LANGUAGE TO THE PLANNED COMMUNITY DISTRICT REGULATIONS, AMENDING THE SITE UTILIZATION PLAN BY TRANSFERRING ONE DWELLING UNIT FROM NEIGItBORHOOD R-1 TO NEIGHBORHOOD R-2, AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP (APPLICANT - BROOKFIELD SHEA OTAY, LLC.) Brookfield Shea Otay, LLC has applied to amend the Otay Ranch Village 11 SPA Plan to add language to the PC District Regulations and amend the Site Utilization Plan by transferring one dwelling unit from Neighborhood R-1 to Neighborhood R-2. In addition, the application proposes a Revised Tentative Map to subdivide Neighborhood R-23 and utilize unused Village 11 SPA dwelling units in Neighborhoods R-1 and R-4. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the resolutions: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA (SPA) PLAN TO AMEND THE SITE UTILIZATION PLAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA PLAN TO ADD LANGUAGE TO THE PLANNED COMMUNITY DISTRICT REGULATIONS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE ELEVEN TO SUBDIVIDE NEIGHBORHOOD R-23 AND UTILIZE UNUSED VILLAGE ELEVEN SPA DWELLING UNITS IN NEIGHBORHOODS R-1 AND R-4 (CHULA VISTA TRACT NO. 01-1 lA) CONSDERATION OF THE CHANGE AND MODIFICATION OF COMMUNITY FACILITIES DISTRICT NO. 0T-M, IMPROVEMENT AREA NO. 2 (CONTINUED FROM THE MEETING OF MAY 20, 2003) On April 15, 2003, the City Cotmcil initiated the Community Facilities District 07-M (Eastlake - Woods, Vistas and Land Swap) (CFD 07oM) change and modification. Adoption of this resolution is the next step in the formal proceedings to change and modify the special tax rates in CFD 07-M. The special taxes levied in the CFD will fund perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Kfieger LLP as legal counsel to provide assistance during the proceedings. (Director of Engineering) Page 9 - Council Agenda 05/27/03 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF PROPOSED CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) TO THE QUALIFIED ELECTORS THEREOF 19. CONSIDERATION OF APPROVAL OF THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2 On April 15, 2003, the City Council initiated the Community Facilities District 07-M (Eastlake - Woods, Vistas and Land Swap) (CFD 07-M) annexation proceedings. Adoption of the resolution is the next step in the formal proceedings to annex territory to CFD 07-M, Improvement Area 2. The special taxes levied in the CFD will fund perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Kfieger LLP as legal counsel to provide assistance during the proceedings. (Director of Engineering) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND LAND SWAP), AND IMPROVEMENT AREA NO. 2 THERETO ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. 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 ADOPTION OF A THE CITY OF CHULA VISTA WATER CONSERVATION PLAN GUIDELINES In May 2002, the City concluded a water conservation pilot study involving three major projects. Staff was directed to draft guidelines for future water conservation plans using the information contained in the pilot study and report. Proposed guidelines for preparation of water conservation plans that are required by the growth management ordinance have been completed. (Director of Planning and Building) Staff recommendation: Council adopt the following resolution: Page 10 - Council Agenda 05/27/03 21. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA WATER CONSERVATION PLAN GUIDELINES CONSIDERATION OF APPROVAL OF THE F1NAL DRAFT MASTER PLAN FOR THE PROPOSED PUBLIC PARK 1N THE OTAY RANCH, VILLAGE SIX Adoption of the resolution approves a Master Plan for the development of a seven-acre public neighborhood park in Otay Ranch Village Six. (Director of Building and Park Construction) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EINAL DRAFT MASTEI~ PLAN FOR THE PROPOSED PUBLIC PARK IN OTAY RANCH, VILL4~GE 6 SUBDIVISION ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 22. CITY MANAGER'S REPORTS 23. MAYOR'S REPORTS 24. COUNCIL COMMENTS CLOSED SESSION ~4nnouncements of actions taken in Closed Session shall be made available by noon on F/ednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 25. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT GOVERNMENT CODE SECTION 54956.8 Property: Agency negotiators: Negotiating Parties: Under Negotiation: TO San Diego Gas & Electric - Gas and Electricity Franchise (Pertaining to Public Rights of Way throughout the City of Chula Vista) David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins City of Chula Vista, San Diego Gas & Electric Price and Terms of Payment Page 11 - Council Agenda 05/27/03 26. 27. CONFERENCE WITH REAL PROPERTY GOVERNMENT CODE SECTION 54956.8 Property: Agency negotiator: Negotiating Parties: Under Negotiation: NEGOTIATORS PURSUANT TO Brandywine Classics, Common Area Lots 1 - 4 of Chula Vista Tract No. 82-3 Ludlow Keeney Ann Moore, Linda Bartz, Harry Burrowes, and George Krempl Price and Terms CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case OF ADJOURNMENT to an Adjourned Regular Meefmg on May 29, 2003 at 4:00 p.m. in the Corporation Yard at 1800 Maxwell Road, and thence to the Regular Meeting of June 3, 2003, at 4:00 p.m. in the Council Chambers. Page 12 - Council Agenda 05/27/03 I COUNCIL AGENDA STATEMENT Item: ~L Meeting Date: 05/27/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution Amending the FY03 Recreation Department budget by appropriating $6,681 in unanticipated revenues from Community Development Block Grant (CDBG) funds to the Recreation Department for senior services Buck Martin, Director of Recreatio ,~.j~ City Manager ~Y~~ ~ ~'J 4/Sths Vote: Odes X No ) The Senior Information and Referral Services Section of the Recreation Department, in collaboration with other agencies, was awarded two CDBG grants for FY2002-03. A portion of this funding, $6,681, was not budgeted and needs to be appropriated for two senior services programs, Project Care and Leisure Connection, and for the purchase ora computer. STAFF RECOMMENDATION: That the Council adopt the resolution amending the FY03 Recreation Department budget by appropriating $4,796 in Personnel Services and $1,885 in Capital Services based on unanticipated revenues from Community Development Block Grant CDBG) funds. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Recreation Department's Information and Referral section has provided "safety net" services for almost 20 years to the citizens of Chula Vista. Funding for these services has come primarily from Community Development Block Grants and the General Fund. Two collaborative CDBG grants were awarded to this section for FY2002-03. The City Council awarded $14,162 for the collaborative with INFORM San Diego, $10,579 of which was for the information and referral section. All but $1,885 of this funding was budgeted in the Recreation Department's budget, and must therefore be apprx)priated, for the purchase of a computer. The computer is housed at Norman Park Center to access the 1NFO Line database and other community resources. Information and Referral Services provides comprehensive, uncomplicated, and readily available health and human service information to City residents. The second collaborative is with South Bay Senior Collaborative, which received $50,000 in CDBG funds from Council. The City's portion of the flmding, $4,796, was not budgeted in the Recreation Department's budget and must therefore be appropriated. These funds are paying for part-time staff to provide services for the Project Care and Leisure Connection programs housed at Norman Park Center. Project Care includes the "Are You OK?" program, which provides a daily phone call to individuals who wish to be called daily, and the Vial of Life program, which assists seniors in keeping their medications in order and helps emergency personnel give appropriate medical attention '1 Item: ~ Meeting Date: 05/27/03 to seniors. Leisure Connection provides homebound individuals an opportunity to be a part of the community by participating in teleconferencing educational, social, and social service programs. The programs supported by these grants are services residents have come to expect from the Recreation Department. Collaboration with other agencies has made it possible to provide a full complement of services meeting many of the needs of families with aging parents as well as older adults living in the community. FISCAL IMPACT: Community Development Block Grant funds of $6,681 need to be appropriated to the Recreation Department's Information and Referral Section to offset the cost of the purchase of a computer and software licenses ($1,885) and to cover hourly wages and associated benefits of $4,796. RESOLUTION NO. 2003- RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY03 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,681 IN UNANTIC~ATED REVENUES FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE RECREATION DEPARTMENT FOR SENIOR SERVICES WHEREAS, the Recreation Department's Senior Information and Referral Service Section has provided "safety net" service for almost 20 years to the citizens of Chula Vista; and WHEREAS, funding for these services has come primarily fi:om Community Development Block Grants and the General Fund; and WHEREAS, one collaborative Community Development Block Grant was awarded to the Senior Information and Referral Service Section and INFORM San Diego in the amount of $14,162 - $10,579 of which was for the Information and Referral Section; and WHEREAS, $1,885 of the $10,579 awarded was never budgeted in the Recreation Department's budget; and WHEREAS, another collaborative Commtmity Development Block Grant was awarded to the Senior Information and Referral Service Section and South Bay Senior Collaborative in the amount of $50,000 - $4,796 of which was for the Information and Referral Section but never budgeted; and WHEREAS, the City wishes to appropriate the $1,885 and $4,796 amounts to the Recreation Department's budget for the purchase of a computer and to pay for part-time staff assigned to the Norman Parks Center's Project Care and Leisure Coxmection programs. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the adopted FY03 Recreation Department budget by appropriating $4,796 in Personnel Services and $1,885 in Capital Expenditures based on unanticipated revenues fi'om Community Development Block Grant (CDBG) funds to the Recreation Department for senior services. Presented by Approved astoformby Buck Martin Director of Recreation Ann Moore City Attomey COUNCIL AGENDA STATEMENT Item 3 Meeting Date 5/27/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Resolution Approving the submittal to California Department of Transportation of four (4) applications for the "Safe Routes to School" Program grants for Fiscal Year 2003-04. Director of Engineerin~,~ City Manager ~'~9 (4/5ths Vote: Yes_No X ) The City of Chula Vista has submitted four (4) applications to the California Department of Transportation (Caltrans) for the Safe Routes to School (SR2S) Program. This "Safe Routes to School Construction Program" uses federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects. Projects are chosen and then approved for funding atier the applications have been evaluated and assigned a priority by CalTrans. RECOMMENDATION: That Council approve the submittal of four (4) applications to CalTrans for the "Safe Routes to School" Program for Fiscal Year 2003-04. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Safe Route to School (SR2S) Program is a two-year federal program that resulted from the passage and signing of Assembly Bill (AB)1475. This bill calls for CalTrans to establish and administer a "Safe Routes to School Construction Program" and to "use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects." Current regulations require that official applications be submitted in order for projects to be considered for funding. Projects are chosen and then approved for funding after the applications have been evaluated and assigned a priority by CalTrans. The success of any project application being approved for funding will depend largely on the applicants' ability to develop a comprehensive and unified approach to improving the safety of pedestrian and/or bicycle routes to and from schools within the jurisdictional areas of responsibility. As established by AB 1475, a "Construction Program" bill, all construction improvements must be made on public property. Other programs or activities related to "encouragement", "enforcement" or "education" are not eligible unless they can be shown as incidental to the overall cost of the proj eot. The bill goes on to say that CalTrans "shall make grants available to local governmental agencies under the program based on the results ofa statewide competition that requires the submission of proposals for funding." The SR2S project criteria will be based on the following factors: Demonstrated needs of the applicant. Potential for reducing child injuries and fatalities. Page 2, Item .~ Meeting Date 5/27/03 4. 5. 6. Potential for encouraging increased walking and bicycling among students. Identification of bicycle and/or pedestrian safety hazards. Identification of current and potential walking and bicycling routes to school. Consultation and support for projects by school-based associations, local traffic erigineers, local elected officials, law enforcement agencies, and school officials. The SR2S program is a 'reimbursement' program. The project reimbursement ratio will be 90 percent (maximum) with the local agency providing a 10 percent (minimum) local match. The maximum reimbursement amount for any single project is $450,000. The following list describes the proposed project applications that were submitted to the California Department of Transportation for the Safe Route to School Program for this cycle. All of the projects submitted are directly related to school area improvements. The attached plats show the specific locations of work to be done on Projects 2 through 4. Project 1 - Traffic Signal Installation at the Intersection of Second Avenue and Quintard Street in the Vicinity of Castle Park Middle School. This proposed fully-actuated (8 phase) signal is ranked number 4 on the "2002 Intersection Evaluation List- Traffic Signal Warrant." Project 2 ~ Project 3 - Installation of Missing Public/Safety Improvements in the Vicinity of Lauderbach Elementary School. This involves the construction of missing street/sidewalk improvements within the quarter-mile radius area from the elementary school grounds. Installation of Missing Public/Safety Improvements in the Vicinity of Rosebank Elementary School. This involves the construction of missing street/sidewalk improvements within the quarter-mile radius area from the elementary school grounds. Project 4 - Installation of Missing Public/Safety Improvements in the Vicinity of Harborside Elementary School. This involves the construction of missing street/sidewalk improvements within the quarter-mile radius area from the elementary school grounds. The following table shows the total cost for each project: Project Requested Requked Total Number SR2 Funds City Funds Project Cost Project 1 $143,352 $15,928 $159,280 Project 2 $ 255,214 $ 28,357 $' 283,571 Project 3 $ 40,204 $ 4,467 $ 44,671 Project 4 $ 37,137 $ 4,126 $ 41,263 TOTAL $ 475,907 $ 52,878 $ 528,785 Page 3, Item ~ Meeting Date 5/27/03 Project costs include preliminary engineering, fight-of-way, environmental, construction engineering, and construction. All of the project elements and construction improvements must be eligible to obtain federal reimbursements. Construction improvements must be made on public property. Federal funds are considered "allocated" to each project phase when the Office of Local Programs (OLP) Area Engineer at CalTrans authorizes the work through the Federal Highway Administration (FHWA) delegated authorization process. These funds are reserved for the project, but the local agency will not be reimbursed for any phase until after the contract is awarded. City staff submitted the aforementioned application package to Caltrans prior to the deadline submittal date of May 1, 2003. A copy of the application package is located in the City Clerk's Office for Council's review. FISCAL IMPACT: This resolution approves the submittal of the applications but does not formally approve the implementation of the projects. These projects will be submitted for approval for future CIP years. Potential total revenue to the City is $475,907. The actual amount is dependent upon which of the projects CalTrans approves, and the amount that they approve. It is proposed that matching funds come from the Gas Tax, TransNet, or Traffic Signal Fund as appropriate. Based on the City's matching requirement of 10%, and if all projects are approved, the estimated City share would be $52,878. Project #1, the traffic signal at Second Avenue and Quintard Street, is proposed to be included in the FY 2004-05 CIP budget. If this project is approved for grant funding, the City CIP funds will be available to use on another unfunded traffic signal project. Attachments: Area Plats (4) File No.: 0740-75-KY026 J:~Engineer'xAGENDA\SRTS 2003.jcm. doc LI.I I-- RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO CALIFORNIA DEPARTMENT OF TRANSPORTATION OF FOUR (4) APPLICATIONS FOR THE "SAFE ROUTES TO SCHOOL" PROGRAM GRANTS FOR FISCAL YEAR 2003-04 WHEREAS, the Safe Route to School (SR2S) Program is a new federal program that resulted from the passage and signing of Assembly Bill (AB)1475; and WHEREAS, AB 1475 calls for the California Department of Transportation (CalTrans) to establish and administer a Safe Route to School Program and to "use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects"; and WHEREAS, current regulation requires that official applications be submitted in order for projects to be considered for funding; and WHEREAS, the City of Chula Vista has submitted four applications to CalTrans for the Safe Routes to School Program; and WHEREAS, projects are chosen and then approved for funding after the applications have been evaluated and assigned a priority by CalTrans. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the submittal to CalTrans of the following four applications for the Federal Fiscal Year 2003-2004 Safe Routes to School Program: Project 1 Traffic Signal Installation at the Intersection of Second Avenue and Quintard Street in the Vicinity of Castle Park Middle School. This proposed fully-actuated (8 phase) signal is ranked number 4 on the "2002 Intersection Evaluation List- Traffic Signal Warrant." Project 2 Installation of Missing Public/Safety Improvements in the Vicinity of Lauderbach Elementary School. This involves the construction of missing street/sidewalk improvements within the quarter-mile radius area from the elementary school grounds. Project 3 Installation of Missing Public/Safety Improvements in the Vicinity of Rosebank Elementary School. This involves the construction of missing street/sidewalk improvements within the quarter-mile radius area from the elementary school grounds. Project 4 Installation of Missing Public/Safety Improvements in the Vicinity of Harborside Elementary School. This involves the construction of missing street/sidewalk improvements within the quarter-mile radius area 15om the elementary school grounds. Presented by Cliff Swanson Director of Engineering Approved as to form by Ann Moore City Attorney J AAttomeyXRESO~kppl Cai Safe Routes COUNCIL AGENDA STATEMENT Item ¢ Meeting Date 5/27/03 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Ordinance Amending the Chula Vista Municipal Code Section 13.14.110 (A) relating to the Sewer Service Charges. Director of EngineeringS// City Manager~ {~v ~/ (4/5tbs Vote: Yes: __ No: X ) Sewer Service Charges are fees that every property owner or occupant of any parcel of real property in the City of Chula Vista that is connected to the sewer system is required to pay for the operation and maintenance of the sewer system and other incidental related expenditures. The establishment of Sewer Service Charges is recorded in the City of Chula Vista Municipal Code Section 13.14.110. Tonight, Council will consider the approval of an ordinance amending Section 13.14.110(A) to clarify an ambiguity in the mechanism for establishing the charge. RECOMMENDATION: That Council place the Ordinance amending the Chula Vista Mnnicipal Code Section 13.14.110 (A) relating to the Sewer Service Charges on first reading. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Sewer Service Charges are fees that every property owner or occupant of any parcel of real property in the City of Chula Vista that is connected to the sewer system is required to pay for the operation and maintenance of the sewer system and other incidental related expenditures. Section 13.14.110 (A) of the Municipal Code sets forth the procedure for establishing the sewer service charges. The proposed ordinance will clearly state the City's intention to establish Sewer Service Charges by ordinance only when the City's agent for collection of fees by way of the tax bill requires an ordinance. This amendment to Section 13.14.110(A) will avoid ambiguity or confusion in the interpretation of the Municipal Code and will not affect the rate at which the Sewer Service Charges are assessed. It is estimated that the City of Chula Vista has approximately 41,500 sewer accounts. All these accounts are billed differently depending on the water district that serves the consumer. Those customers in Otay Water District's jurisdiction are billed on a monthly basis for both water and sewer service on the same bill by Otay Water District. Those customers who live in the pre- annexation area of the City under Sweetwater Authority's jurisdiction are billed on a bi-monthly basis for sewer service by the City's Finance Department. The other customers who reside in the Montgomery area and are either trader Sweetwater Authority's jurisdiction or Cai-American's jurisdiction are billed on an annual-basis on the tax bill by the County of San Diego Assessors' Office. Page 2, Item -/ Meeting Date 5/27/03 To memorialize the creation of the Sewer Service Charges under Ordinance No. 818, several sections were added to Title 13 of the Municipal Code, specifically to Section 13.14. Throughout the years, several amendments have been made to this Section to make administrative and technical changes relating to the payment of the fees. In consideration of proposed changes in the Master Fee Schedule and changes in the sewer billing process, certain sections of the Municipal Code relating to sewer fees were amended. Mostly, these changes were to provide the general authorization or proper reference to the Master Fee Schedule for fees such as the Sewer Service Charges. On March 23, 1993 Council approved Ordinance No. 2547, which amended Section 13.14.110(A) relating to Fees and Service Charges. This revision also stipulated that the establishment of the Sewer Service Charges be done by City Council through the approval of a resolution, however, if the Sewer Service Charges were to be collected on the tax bill, the fee was to be established through an ordinance. It appears that this action was taken in anticipation that the County of San Diego, which acts as the City's agent in the collection of the Sewer Service Charges on the property tax bill, was about to adopt a policy that would require the City to establish the fee by Ordinance in order for it to be placed on the tax roll. In March 23, 1993, by Ordinance No. 2547, the City of Chula Vista Municipal Code Section 13.14.110 (A) was amended to read: "13.14.110 Sewer Service Charges Designated - Payment Required - Domestic Purposes - Defined. A. Amount. In addition to other fees, assessments or charges provided by the City Code or otherwise, the owner or occupant of any parcel of real property which said parcel is connected to the sewer system of the City and to a water system maintained by the Sweetwater Authority, the Otay Water District or the California-American Water Company shall pay the Required Fee(s) for a Sewer Service Charge. The City Council shall establish said charge by resolution; or by ordinance if to be collected on the tax bill." The County did not adopt the policy requiring fees to be adopted by ordinance in order for those fees to be collected on the property tax bill. Subsequently, in 1999, the last time the Sewer Service Charges were increased, the rates were adopted solely by City Council Resolution 19443. Currently, the way Section 13.14.110(A) is written, it does not clearly convey the City's intention to establish the fee by ordinance only if the County requires the fees to be set by ordinance (See Attachment No. 1 for the complete Section 13.14.110 of the Municipal Code). By adopting the proposed ordinance, City Council will clearly convey the City's intention to establish the Sewer Service Charges by ordinance only when the City's agent in the collection of the fees by way of the tax bill requires such action. The amended Section 13.14.110(A) will read as follows: "13.14.110 Sewer Service Charges Designated - Payment Required - Domestic Purposes - Defined. Page 3, Item t Meeting Date 5/27/03 A. Amount. In addition to other fees, assessments or charges provided by the City Code or otherwise, the owner or occupant of any parcel of real property which said parcel is connected to the sewer system of the City and to a water system maintained by the Sweetwater Authority, the Otay Water District or the California - American Water Company shall pay the Required Fee(s) for a Sewer Service Charge. The City Council shall establish said charge by resolution; or by ordinance (only (f reauired in order.for the fee to be collected on the tax bill) to be collected on the tcc¥ bill." FISCAL IMPACT: No changes to the General Fund are indicated. Adoption of this ordinance change will not result in the creation, increase or decrease of revenues. Attachment 1: City of Chula Vista Municipal Code Section 13.14.110. J:\Engincer\SEWER~2003\Sewer Rate Study~Aracndment to CVMC 13.14.110-Agenda.sh.doc 13.14.110 A"FTACHMENT_/ 2. In instances where the property to ulti- mately be served by a permanent pump station is not fully contained within the ownership of the developer who builds the pump station and an agreement with thc city has been entered into as provided above, during a given year, that developer shall be responsible for the portion of the M/O cost which is proportional to the number of EDUs he has connected to the pump station as compared to the full number of EDUs connected to the pump station as determined by the director. In instances where the developer has deposited the full esti- mated 20-year M/O costs, a subsequent developer using the pump station shall be required to reim- burse the original developer for previously depos- ited M/O costs (plus interest) for EDUs to be connected by that subsequent developer. 3. For temporary sewage pump stations, where the property to ultimately be served is not wholly within the ownership of the developer who builds the pump station, each subsequent devel- oper connecting EDUs to the station shall be responsible for the payment of a pon/on of the annual MJO cost which is proportional to the num- ber of EDUs that developer has connected as com- pared to the total number of connected EDUs. C. For all active sewage pump stations, the total of M/O costs, including costs of replacements, util- ities, personnel, equipment, supplies and over- heads of all city sewage pump stations, shall be calculated by the city on a calendar year basis. That total, plus an estimated amount for infla- tion, if any, less deposits or contributions estimated to be on hand at the end of the fiscal year current at that time, shall be included as a system cost in the normal city-wide sewer budget and distributed among all properties within the city connected to the Chula Vista sewer system during the fiscal year beginning on the immediately following July 1 st. D. The actual cost of bypassing or removing a temporary sewage pump station from service and connecting the collection system to an adjacent permanent gravity system shall be paid from the regular sewer budget, and that cost (less any remalrdng deposits collected for that purpose) shall be disuibuted among all properties connected to the Chula Vista sewer system. E. This section shall not be applicable to any sewage pump station not owned by the city or to any agreement with a public agency or private entity concerning such a pump station. F. All previous agreements and ordinances relating to special sewer service rate areas or zones are hereby amended to be in conformity with coun- 13-20 ell Policy No. 570.03. This section is enacted pur- suant to an exercise by the city council of its police powers as a charter city, and pursuant to Health and Safety Code Section 5471, Government Code Sec- tion 54300, et seq., or any other applicable state law. (Ord. 2596 § 4, 1994; Ord. 2547 § 7, 1993; Ord. 2466 § 7, 1991; Ord. 2107 § 1, 1985). 13.14.110 Sewer service charges designated - Payment required - Domestic purposes - Del'med. A. Amount. In addition to other fees, assess- ments or charges provided by the city code or oth- erwise, the owner or occupant of any parcel of real property, which said parcel is connected to the sewer system of the city and to a water system maintained by the Sweetwater Authority, the Otay Water District of California - American Water Company, shall pay the required fee(s) for a sewer service charge. The city council shall establish said charge by resolution, or by ordinance if to be col- lected on the tax bill. B. Report. Every year the director of public works shall determine the sewer service charge for the current fiscal year in accordance with subsec- tion (A) of this section. The director shall file a report with the city clerk annually prior to August 10th, setting forth the description of each property affected and the amount of the proposed charge. C. Assessment and Collection. The charge shall be prorated for new or restored service, and shall be calculated and assessed pursuant to subsection (A) of this section and collected in accordance with CVMC 13.14.150. D. All revenue derived from such charges shall be deposited into the sewer service revenue fund. E. For the purpose of this section, real property shall be deemed to be used for domestic purposes when such property is used solely for single-family residences or the furnishing of lodging by the oper- ation of hotels, auto courts, apartment houses, bun- galow courts, housing units, rooming houses, motels, wailer parks, or the rental of property for lodging purposes. (Ord. 2547 § 8, 1993; Ord. 2506 § 1, 1992; Ord. 2466 § 7, 1991; Ord. 2107 § 1, 1985). 13.14.120 Reduced sewer service charges permitted when - Application - Contents - Refunds - Fees. A. The director of finance shall have the author- ity to certify eligibility for a reduced sewer service charge, in the amount of 70 percent of the rate charged other residential users, upon investigation, ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 13.14.110(A) RELATING TO THE SEWER SERVICE CHARGES WHEREAS, the Sewer Service Charges are fees that every property owner or occupant of any parcel of real property in the City of Chula Vista that is connected to the sewer system is required to pay for the operation and maintenance of the sewer system and other incidentaI related expenditures; and, WHEREAS, the establishment of the Sewer Service Charges set forth in the City of Chula Vista Municipal Code Section 13.14.110; and, WHEREAS, this ordinance will amend Section 13.14.110(A) to clarify the mechanism by which City Council can establish said charge and to update City staff title; and, WHEREAS, this ordinance will clearly state the City's intention to establish the Sewer Service Charges by ordinance only if the City is required do so in order to place the fee on the Tax Bill; and, WHEREAS, this amendment to Section 13.14.110(A) will avoid ambiguity or confusion in the interpretation of the law and will not affect the rate at which the Sewer Service Charges are assessed; and, WHEREAS, this ordinance will restate that the means of establishing the Sewer Service Charges will be by resolution unless an ordinance is necessary for tax roll purposes; and, WHEREAS, the City Council has determined that the approval of this ordinance will not result in the creation, increase or decrease of revenues. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 13.14.I 10 of the City of Chula Vista Municipal Code shall be amended to read as follows: "13.14.110 Sewer Service Charges Designated - Payment Required Domestic Purposes - Defined. Ordinance No. Page 2 C, Amount. In addition to other fees, assessments or charges provided by the City Code or otherwise, the owner or occupant of any parcel of real property which said parcel is connected to the sewer system of the City and to a water system maintained by the Sweetwater Authority, the Otay Water District or the California - American Water Company shall pay the Required Fee(s) for a Sewer Service Charge. The City Council shall establish said charge by resolution; or by ordinance only if required in order for the fee to be collected on the tax bill to be collected on thc tax bill. Report. Every year the Director of Engineering of Public Works shall determine the Sewer Service Charge for the current fiscal year in accordance with paragraph A, above. The Director shall file a report with the City Clerk annually prior to August 10, setting forth the description of each property affected and the amount of the proposed Charge. Assessment and Collection. The charge shall be pro- rated for new or restored service, and shall be calculated and assessed pursuant to subdivision A hereof and collected in accordance with Section 13.14.150. All revenue derived from such charges shall be deposited into the Sewer Revenue Fund. For the purpose of this section, real property shall be deem to be used for domestic purposes when such' property is used solely for domestic purposes when such property is used solely for single-family residences or the furnishing of lodging by the operation of hotels, auto courts, apartment houses, bungalow courts, housing units, rooming houses, motels, trailer parks, or the rental of property for lodging purposes." Ordinance No. Page 3 SECTION 2: Effective Date. This ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by: Approved as to Form by: Clifford L. Swanson Director of Engineering City Attorney J:\Engincer\SEWER~2003\Sewer Rate Study\Amendment to CVMC 13 14 110-Ordinance.sh doc COUNCIL AGENDA STATEMENT Item 5' Meeting Date 5/27/03 ITEM TITLE: Resolution Appropriating $1,450,000 from the available balance of the Sewer Service Revenue Fund to pay for unanticipated wastewater treatment expenditures. SUBMITTED BY: REVIEWED BY: Director of Engineering~4~/ City Manager¢~ ~~ (4/5ths Vote: Yes X No._) In June 2001, the City adopted the budget for FY 2001/02, which included a budget for wastewater treatment costs payable to the City of San Diego Metropolitan Wastewater District (Metro). The amount budgeted for Metro expenditures in FY 01/02 was $14,800,732 a~3d was based on flow projections for that year. However, Metro recently completed the annual audit for FY01/02, and re- determined the City's total cost based on actual flows generated. The revised cost was determined to be $15,503,151. Therefore, additional funds are needed to pay for the additional treatment costs for FY 01/02. Furthermore, additional funds are also required to cover other Metro expenditures for FY 02/03 which were not previously budgeted during the FY02/03 budget process. RECOMMENDATION: That Council adopt a resolution appropriating $1,450,000 from the available balance of the Sewer Service Revenue Fund to pay for unanticipated wastewater treatment expenditures. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: FY2001/2002 Audit In accordance with the terms of the agreement between the City of Chula Vista, and the City of San Diego (the Metro Agreement), all the wastewater generated by the City of Chula Vista is sent to the City of San Diego's Point Loma Treatment Plant for treatment. At thc beginning of every fiscal year, the City of San Diego Metropolitan Wastewater Department provides an estin~ate ofChula Vista's Metro expenditure based on the flow projections for that year. At the end of the year, an audit is conducted to determine the actual amount of flow generated and the actual treatment costs. These audits would ultimately result in the City either getting a credit (if actual flows generated which formed the basis of the estimate were less than the audited flows), or a request for additional funds (if the flows generated were greater than the estimated flows). For FiscalYear 2001/2002, it was estimated that the City would generate approximately 15.219 million gallons per day (mgd), and based on this estimate and projected treatment costs of $1,233/mgd, Chula Vista's Metro expenditure was estimated to be $13,882,585 (See Exhibit 1). This amount was later revised to be $14,800,732. However, a few weeks ago, Metro completed the audits Page 2, Item: Meeting Date 5/27/03 for FY 2001/2002, and determined that the City generated an average daily flow of 15.186 mgd, and the cost of treatment was significantly higher than originally estimated ($1,351/mgd) resulting in a total cost of $15,503,151. Therefore, an additional appropriation of $702,419 is required to cover treatment costs for FY 01/02. FY2002/2003 Budget When the City adopted a two-year budget for FY01/02 and FY02/03, the Metro projections for 02/03 were based on very preliminary estimates. This projection was later revised in 2003 after the two- year budget had already been adopted. The current budget projects a total mount of $14,844,497 (prior to FY02/03 audits - See Exhibit 2). This amount is significantly higher than the budgeted amount of $14,096,916. Therefore an additional amount of $747,581 is required to cover the Metro expenditures for FY 02/03. The City makes four quarterly payments to Metro for wastewater treatment. The City has received th the4 Quarter invoice, which reflects these stated adjustments. The total amount due on this invoice is $4,287,365. In order to facilitate the paymei~t of this 4th Quarter invoice, an additional appropriation of Sewer Service Revenue Funds is necessary. The Sewer Service Revenue Fund is primarily used to make the Metro payments in accordance with Section 3.20.010 of the Municipal Code. FISCAL IMPACT: No impact to the General Fund is indicated. Council's adoption of this resolution will authorize the appropriation of $1,450,000 from the available balance of the Sewer Service Revenue Fund to pay the fourth quarter invoice. An estimated unappropriated available fired balance of $4.3 million as of June 30, 2003, will be more than sufficient to cover thes~ unanticipated expenditures. Attachments: 1. FY 2001/02 Metro Projections and related documents 2. FY2002/03 Metro Projections and related documents J:~Engineer~AGENDA~.q:es~u~ti~n-Appr~priating-Funds-4th-Quarter-Metr~-~nv~ice.ac~d~c ATTACHMENT 1 C 0 -q o ~-~ C Z 0 0 m C z © ~ ~.~ o ~m~> > ~> C oO o ~., ? o ,>, r~ ~ ? ,.~ r~ ~ 7~ ~ ? o ~ ~ zm CITY OF SAN DIEGO, CALIFORNIA GENERAL INVOICE EDI RE}= NT: C37~292 MAKE REMITTANCE PAYABLE TO CITY TREASURER. ~0 BOX 122289 SAN DIEGO, CALIFORNIA 92112 PLEASE RETURN YELLOW COPY OF INVOICE WITH YOUR PAYMENT CITY OF CHULA VISTA ACCT NO ~IVISICh! OF FINANCE 0006g3 P O 52X 1037 CHULA VISTA CA 92012 ................ TREASURERS USE I PAYMENT ~AT:: 3Y: CA eR IF ED PAYMENT REF NO J ANT PAID: ONLY ................... INVOICE DATE PAYMENT DUE PERIOD COVERED 04/0g/03 06/02/03 cOR INFORMATION CONCERNING YOUR BILLING CONTACT: PE3GY MERINO REF NO: PERT: METRO W~STEWATER - ADMIN 858 292 6322 DESCRIPTION OF CHARGES AMOUNT METROPOLITAN SEWERAGE SYSTEM FY 2003 4TH QTR FUND 41509 FY 2003 ESTIMATED ADJ. 3-4% FY 2002 YEAR-END A~JUSTMENT FY 2002 AUDITED ADJ. EST, _~3t711t124.0C 125,278,00- 835t404,00 132t985.0C- ENCLOSURE TOTAL DUE 4t287~365.00 NOTICE: PLEASE REMIT PAYMENT PROMPTLY, PAYMENT MUST BE RECEIVED BY THE DUE DATE LISTED ABOVE T~ AVOID ADDITIONAL CHARGES. UNPAID BILLS WILL BE SUBJECT TO A COLLECTION FEE OF ~0~ OR $~0~ WHICHEVER iS GREATERt INTEREST OF ~ PER MONTH ON THE UNPAID BALANCEf AND APPLICABLE PENALTIES. ANY QUESTIONS SHOULD BE DIRECTED TO THE CONTACT LISTED ABOVE. CUSTOMER COPY INV NO. 378292 AC-~ (REV - 10,'00) THE CITY OF SAN DIEGO AGENCIES 2OO3OO4568 April 28, 2003 Cliff Swanson City of Chula Vista 276 Fourd~ Avenue ~Chula Vista, CA 91910 Dear Mr. Swanson: SUBJECT: Fourth Quarter FY2003 Metropolitan Sewerage System Billing Enclosed is your Fourth Quarter Invoice for Fiscal Year 2003 and the sampling data your agency through March 31. 2003. A standard deviation formula with a 95% confidcncc level coutinues to be applied to thc cumulative sampling data. The Fourth Quarter billing includes four line items shown on the attached spreadsheet labeled "Summary, FY2003 Fourth Quarter Billing". The first line is for the FY 2003 Fourth Quarter payment. The second line is titled "FY 2003 Estimated Adjustment of 3.4%, which is a 3.4% reduction of your original quarterly payment, based on a current FY 2003 review which shows costs running less than estimated. The third line is titled "FY 2002 Year-End Adjustment", (FY 2002 actuals are shown on Table B). The fourth line is titled "FY 2002 Audited Adjustment Estimate." This is on initial estimate based on the Participating Agencies audit of the FY 2002 actuals. Enclosed with your invoice are five spreadsheets related to the FY 2003 Fourth Quarter Billing: First, the Summary, showing line items as calculated and discussed above; Table A, showing unit costs; Table B, showing FY 2002 actuals with the estimated audit adjustment; Iable C, showing Flow, SS & COD for each agency; and Table D, showing the Functional-Design allocation of O&M, CIP and Debt Service with the estimated audit adjustment. If you have questions regarding the spreadsheets or your sampling data, please contact Peggy Merino at (858) 292-6322. Metropolitan Wastewater Department 9192 Topaz Way · San Diege, CA 92123 Cliff Swanson Page 2 April ~8. _00_~ If you have any questions regarding your invoicing, please contact Hcdy Griffiths, Supe~,ising Management Analys! for Agency Contracts, at (858) 292-6321. Sincerely, Deputy MWWD Director, Services and Contracts Enclosures: CC: Fourth Quarter Invoice Sampling Data FY 2003 Fourth Quarter Billing Table A, Unit Costs Table B, Distribution of System Wastewater Costs Table C, System Wastewater Characteristics Table D, Functional-Design Based Allocation with PA audited adj. est. Hedy R. Griffiths, Supervising Management Analyst, Agency Contracts Lydia Medina, Senior Management Analyst, Agency Contracts Peggy Merino, Senior Management Analyst, Agency Contracts Frank Rivera g:~agencics\wpfiles\PA Melro Q4/031nvoice doc o o 0 0 ._~ .~_ ~,o?, ............ 6.6 ......... 5-11 0 0 LL ~ E 0 o >- 0 0 0 z ~ 0 .,¢: l--- ~ LLI LLI ~-~'0 <~- c~ m_~z < Cf) ~ 0,4 6'4 0 0 oz~>m~ i m $o ¢° c ATTACHMENT 2 ITl 0 o o 0~0~ -( 0 m m ITl -q mo c m C 7 ~0 0 c m 0 0 7 -o Or" --0 zO O0 Or- mx ~' zog ~ o [m~ {DO c RESOLUTION NO. 2003- RESOLUTION oF THE CITY COUNCIL OF THE CHULA VISTA APPROPRIATING $1,450,000 FROM THE UNAPPROPRIATED BALANCE OF THE SEWER SERVICE FUND TO PAY FOR UNANTICIPATED METRO EXPENDITURES WHEREAS, In June 2001, the City adopted the budget for FY2001/02, which included a budget for wastewater treatments costs payable to the City of San Diego Metropolitan Wastewater District (Metro); and WHEREAS, the amount budgeted for Metro expenditures in FY01/02 was $14,800,732 and was based on flow projections for that year; and WHEREAS, Metro recently completed the annual audit for FY01/02, and the revised cost was determined to be $15,503, l 51; and WHEREAS, additional funds are also required to cover other Metro expenditures for FY02/03 which were not previously budgeted during the FY02/03 budget process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $1,450,000 from the unappropriated balance of the Sewer Service Fund to pay for unanticipated Metro expenditures. Presented by Approved as to form by Clifford Swanson Director of Engineering City Attorney J:/attomcy/reso/Finance/appropriation Sewer Svc lhnd COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/27/2003 ITEM TITLE: Resolution approving an agreement between the City of Chula Vista and Kimley-Horn Associates, Inc., to provide Traffic Engineering Services Related to a Transportation Study for the City's General Plan Update, and authorizing the Mayor to execute said agreement SUBMITTED BY: Director of Engineering~]~ Director of Planning and~ Building/~/ REVIEWED BY: City Manager~?Z'n ~ (4/5tbs Vote: Yes No X .) In November 2001, the City Council approved an overall work program and budget for the General Plan Update (GPU) project which involved the preparation of several studies to be done by consultants, including the preparation of a Transportation Study. The GPU project is now at a point where transportation evaluations need to commence. Staffissued a Request for Proposals (RFP) and conducted a competitive selection process to choose a consultant to prepare the Transportation Study. The City's selection committee chose Kimley-Hom Associates, Inc. (KHA) for such study, and this report presents a proposed agreement with KHA to complete the study, please see (Attachment "A"). The work will include the preparation of an updated model, and the analysis of the transportation effects of various General Plan land use and transportation alternatives. The Study will specifically consider the effects of the expanded use of transit and other methods of mobility to reduce auto usage, and will evaluate alternative urban service standards. RECOMMENDATION: That the City Council approve a Resolution between the City of Chula Vista and Kimley-Horn Associates, Inc., to provide Traffic Engineering Services related to a Transportation Study for the City's General Plan Update, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: None ENVIRONMENTAL IMPACT: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Envirmmaental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15262 of the State CEQA Guidelines. Thus, no further environmental review is necessary. DISCUSSION: Background The General Plan update process includes a series of citywide studies that address population and housing, land use and transportation, public facilities, open space and the environment, economic development, telecommunications and technology and fiscal impacts. The land use and transportation Page 2, Item {/ Meeting Date 5/27/2003 studies will be a key part of the update, and will include a review of several alternative land use scenarios as well as new transportation ideas like Bus Rapid Transit or "trains on tires." The City's traffic consultant will also be required to interface with the joint transit planning effort already underway between the City and the Metropolitan Transit Development Board (MTDB). The purpose of the Transportation Study is to develop a multi-modal long range Transportation Plan for the City of Chula Vista in collaboration with Citywide land use alternatives. The Land Use and Transportation Element will be based on public input, technical analyses and previous planning efforts. The transportation component of the Land Use and Transportation Element will address all aspects of transportation including: · Freeways and Streets · Signalized Intersections · Transit/Para transit · Parking · Bicycle and Pedestrian Network The Transportation Study will be conducted by KHA in multiple stages. The first stage (Adopted Conditions) will include KHA evaluating the capacity of the circulation system for the adopted General Plan's land use assumptions and the adopted Circulation Element. Subsequent stages 'will include analysis of potential land use scenarios and circulation system assumptions to identify roadway capacity and transit requirements for a variety of proposed scenarios. For the purpose of this Transportation Study, the study area is defined as the entire City of Chula Vista Planning Area as well as any other areas that may be significantly affected by future City actions. See Attachment "B" for schedule of coordination between the Transportation Study and the General Plan Update. Consultant Selection Process On February 7, 2003, a Request for Proposals (RFP) was distributed to approximately 10 qualified firms throughout the local area in addition to being advertised. By March 7, 2003, the response deadline, the City received a total of four proposals from the following firms; Kimley-Hom and Associates, Linscott Law and Greenspan, VRPA, and Katz Okitsu and Associates. The City developed evaluation criteria to assist in the evaluation and selection of a candidate consulting firms for interviewing. The evaluation criteria included, but were not limited to: 1. Ability to fulfill the requirements of the requested Scope of Services 2. References and experience 3. Qualifications and expertise of key personnel 4. Cost Proposal A Selection Committee, including staff from the Planning and Building and Engineering Departments reviewed and rated the proposals and invited three of the firms to interview; Kimley-Hom and Associates, Linscott Law and Greenspan and VRPA. On April 3, 2003, the consultant interviews were convened. Subsequent to the three interviews, and after deliberations by the consultant selection committee, the committee reached a decision on the final ranking of the consultants as shown on the table below. / Page 3, Item ~ Meeting Date 5/27/2003 Consultant Cost Consultant Ranking Kimley-Hom and $222,000 Associates VRPA $196,485 Linscott Law & $247,810 Greenspan First Negotiation Preference Second Negotiation Preference Second Negotiation Preference Although the cost proposal from KHA was not the lowest among the responding firms, the Selection Committee determined that KHA best demonstrated an understanding of the scope of work, and the ability to perform the required services. The proposal from KHA brings to the table diverse experience in traffic engineering services. KHA is quite familiar with the City of Chula Vista and local transportation issues with a variety of past traffic analysis experience. KHA is staffed for this project in a manner such that they can deliver the required services within the necessary timeframes. Scope of Consultant's Work The work involved in the preparation of the Transportation Study is attached in the City's two party contract as Exhibit "A" (copy of Contract is attached) and includes the following major tasks: Adopted General Plan Analysis, Draft Land Use and Transportation Element Study, Preliminary Review of Proposed Network Capacity, Alternative Transportation Modes of Travel, Urban Level of Service Analysis, Other Network Improvements, Cost Estimates, CEQA Level Analysis of Selected Alternatives, Comparative Analysis, Cost Implications & Financing Options, Assistance in Environmental Review, Public Involvement, and finally a Land Use/Transportation Element for the General Plan which will be included for adoption with the General Plan Update by the City Council. The City has a very strict schedule for the completion of the General Plan Update and the requisite, background technical reports. The General Plan is anticipated to be presented for City Council approval in March of 2004. The Transportation Report will be completed in stages as the General Plan progresses through its program schedule. Contract Costs The total cost of the contract for Kimley-Hom Associates, Inc. is a fixed not to exceed fee of $222,000 to be paid in increments related to milestones defined in the agreement. In addition, a ten percent (10%) contingency amount of $22,000 is requested for a total amount of $244,000. FISCAL IMPACT: The approved General Plan Update C1P includes a total of $873,500 for all consultant studies including the Transportation Study. Costs for individual consultant studies were based on general estimates, with the understanding that actual costs might vary as final, more detailed scoping for each study was developed, and as responses to requests-for-proposals were received. Since approval of the GPU work program and CIP, the City has received applications to evaluate privately initiated General Plan/General Development Plan amendments in the Otay Ranch area. Those Page 4, Item ~ Meeting Date 5/27/2003 proposals need to be evaluated as part of the GPU studies. As a result, the General Plan Update Transportation Study scope and cost now also includes evaluations for these proposals at a General Plan Circulation Element level. Approximately $85,000 of the $244,000 total cost for the Transportation Study has been associated with the Otay Ranch evaluations, and will be funded by developer deposits provided through separate processing agreements. The other $159,000 (of the $244,000 total cost) will be paid through the approved General Plan Update CIP. ATTACHMENTS: Agreement between City of Chula Vista and Kimley-Hom and Associates For Traffic Engineering Services Related to a Transportation Study for a General Plan Update Project Schedule J:\Engineer~AGENDA\GP TRAFFIC UPDATE 5-15.DEK.DOC File:0760-95-TR003 GPU 01-03-7.3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING AN AGREEMENT WITH THE FIRM OF K1MLEY-HORN AND ASSOCIATES TO PROVIDE TRAFFIC ENGINEERING SERVICES RELATED TO A TRANSPORTATION STUDY FOR A GENERAL PLAN UPDATE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Chula Vista is currently in the process of a comprehensive update of the City General Plan, and; WHEREAS, the preparation of a Transportation Study is a necessary component of the General Plan update process and; WHEREAS, the City of Chula Vista's Engineering Department distributed and advertised the Request for Proposal (REP) to provide traffic engineering Consultant services necessary for the Transportation Study and; WHEREAS, after the Selection Committee appointed by the City Manager completed its review of the proposals and interviewed three (3) of the four (4) Consultant firms that were short-listed, the Selection Committee selected Kimley-Horn and Associates (Consultant), to provide traffic engineering services necessary for the Transportatior~ Study and; WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of the City's standard two party Agreement; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement with the firm of Kimley-Horn and Associates to provide traffic engineering Consultant services necessary for a Transportation Study for a General Plan Update, 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 Clifford Swanson Director of Engineering City Attorney J:Attomey\Reso\Agreement\K HA 1 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL (-/{nn Moore City Attorney Dated: .5- ' "z-/- 0_..? Agreement between City of Chula Vista and KIMLEY-HORN and Associates for Traffic Engineering Services related to a Transportation Study for a General Plan Update Parties and Recital Page(s) Agreement between City of Chula Vista and KIMLEY-HORN and Associates For Traffic Engineering Services Related to a Transportation Study for a General Plan Update This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: WHEREAS, the City of Chula Vista, is currently in the process of a comprehensive update of the City General Plan, and; WHERF_~S, the preparation of a Transportation Study is a necessary component of the General Plan update process, in order to identify and analyze the City's current and future transportation needs and related policy implications pertinent to the various General Plan update scenarios and to document baseline traffic conditions for the City and the region to establish a valid model for evaluating the scenarios and; WHEREAS, on February 7, 2003, the City of Chula Vista's Engineering Department distributed and advertised the Request for Proposal (RFP) to provide traffic engineering Consultant services necessary for a Transpoptation Study for a General Plan Update and; WHEREAS, on March 7, 2003, the City of Chula Vista received four (4) proposals to provide said traffic engineering Consultant services and; WHEREAS, after the Selection Committee appointed by the City Manager, completed their review of the proposals and interviewed three (3) of the four (4) Consultant firms that were short-listed, Page 1 the Selection Committee selected Kimley-Horn and Associates (Consultant), to be referred to as CONSULTANT, to provide traffic engineering services necessary for a Transportation Study for a General Plan Update, and; Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) J:~engineer~aDMIN~cONTRkCT~2pty agreeTR003KimHornDEK.5-5 03 .doc Page 2 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. If the City or Consultant is delayed in performing any obligation under this Agreement and such delay is caused by one or more Acts of God, wars, riots, civil insurrections, acts of the public enemy, strikes lockouts, accidents, acts of civil or military authority, fires, floods, or earthquakes, or similar causes beyond the reasonable control of the parties delayed, such delay shall be added to the time for performance of the obligation delayed. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of Page 3 services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and Sub- Consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies "Admitted" to transact business in CA that have an AM Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance in the amount set forth in Exhibit A, Paragraph 9, with a combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City, its officers, officials, employees and volunteers as an Additional Insured, and which is primary to amy policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Business Automobile Liability Insurance Coverage with a combined single limit, in the amount set forth in Exhibit A, Paragraph 9. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Page 4 Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating~that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, htt~://www.fms.treas.qov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form and amount must be satisfactory to the Risk Manager or City Attorney, which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the Page 5 City at their unfettered discretion by submitting to the bank a letter, sign&d by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, Page 6 subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Ail billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Page 7 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. Page 8 F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. Page 9 With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers),, the following indemnification provisions should be utilized: a. Indemnification and Hold Harmless Agreement. with respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way a~ters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. b. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers Page 10 and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any' reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of .the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination, Consultant hereby Page 11 expressly waives any and all claims for damages or compensation arising under this Agreemen~ except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the Sub- Consultants identified thereat as "Permitted Sub-Consultants". 12. Ownership, Publication, Reproduction and Use of Material Ail reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury heave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures Page 12 No suit or arbitration shall be brought arising out of this agreement, against the City ~nless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which~are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall 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. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices Page 13 Ail notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered o~ certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties 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 or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page, next page is signature page.] Page 14 Signature Page to Agreement between City of Chula Vista and Kimley-Horn and Associates for Traffic Engineering Services Related to a Transportation Study for a General Plan Update IN WITNESS W~EREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2003 City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, city Attorney Dated: Kimley-Horn and Associates David K. Sorenson, Vice President By: Exhibit List to Agreement (X) Exhibit A. Page 15 6 Exhibit A to Agreement between City of Chula Vista and Kimley-Horn and Associates 1. Effective Date of Agreement: May 27, 2003 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the ~ity of Chula Vista, a ( ) Other: , a [insert business form] ("City") Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Kiml~y-Horn and Associates, Inc. 5 o Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 517 Fourth Avenue Suite 301 San Diego, CA 92101 Voice Phone (619) 234-9411 Fax Phone (619 234-9433 Page 16 7. General Duties: Consultant will prepare a Transportation Study which is a necessary component of the Ge~neral Plan update process, in order to identify and analyze the City's current and future transportation needs and related policy implications pertinent to the various General Plan update scenarios and to document baseline traffic conditions for the City and the region to establish a valid model for evaluating the scenarios all to the satisfaction of the City Engineer and City's General Plan Project Manager. 8. Scope of Work and Schedule: Detailed Scope of Work: Consultant shall provide the following services: TASK I - PROJECT ORIENTATION MEETING Team Integration 1.1 Meet with the City's General Plan Update team to understand and refine the City's vision for the project. Discuss the Scope of Services in detail and brainstorm alternative ways to expedite the project and achieve the City's objectives. Obtain land use and network inputs for the existing General Plan build out model. Discuss alternative methods for defining the project study area and for estimating peak hour intersection turning movements based on model output. Establish an approach to develop and maintain a dialogue with the City throughout the course of the project. This may involve the creation of a secure FTP site on the Internet for the sharing of files among project team members. Identify relevant on- going planning studies in the City (including the Transportation Demand Management study), discuss status and preliminary findings, and obtain copies of status reports if available. 1.2 At the conclusion of this task, Consultant shall prepare a memorandum (STATUS.REPORT 1) that summarizes the key findings and conclusions of this task, including a summary of discussions with City CEQA staff regarding the analysis approach. Each Status Report and Working Paper produced by the Consultant will be structured, formatted, and organized to facilitate the inclusion of appropriate text and exhibits into the General Plan Land Use/Transportation Element, and the Environmental Impact Report, and other Page 17 documents as needed. Ail Status Reports and Working Papers will include an Executive Summary. Initial drafts will be supplied to the City's Transportation Engineer for review and comment. Second drafts will be prepared by the Consultant incorporating City comments for internal review and comment. As directed by the City, subsequent drafts may be required for possible external review. The working papers may be prepared in a *.PDF format and distributed via a project-specific FTP site, or as otherwise directed by the City. TASK II - ADOPTED CIRCULATION ELEMENT/ADOPTED L~uN'D USE INVENTORY Baseline Traffic Model Development and Review of Regional Planning Activities 2.1 Based on a review of the City's adopted General Plan traffic model, relevant City goals and policies, applicable region-wide publications, and other information obtained in Task 1.1. Consultant will incorporate appropriate land use and/or network adjustments to the existing traffic model to create a baseline travel demand forecast. The services to be provided under this task include the following: Identify current trends in transportation and land use policies since the completion of the last General Plan update Develop criteria for determining whether or not adopted General Plan goals and policies are presently achieved based on adopted traffic model results Review forecast year street classifications, intersection lane geometry, and traffic control; conduct a limited field reconnaissance to validate the transportation network assumptions for existing roadways In consultation with City staff, identify appropriate selected zones and/or selected links to facilitate before/after analysis, (these zones/links would be located in areas where changes to General Plan land uses are envisioned) Page 18 Recommend model adjustments (for both inputs and post- processing) as needed to address the impacts of transportation and land use goals and policies in the Adopted General Plan (These adjustments will include funded and appropriate un-funded transportation improvements) f. Assist the City and SANDAG in calibration of the model Determine the study area for the baseline impact analysis and generate base exhibits (These graphics will be suitable for presentations and may be included in the updated General Plan Land Use/Transportation Element) List adopted Chula Vista Circulation Element and planned/programmed facilities to be constructed or removed adjacent to City boundaries i. Describe existing roadway classification standards, including ADT-based LOS thresholds Review initial traffic model runs in the context of previous modeling efforts in the City; recommend appropriate model refinements in consultation with City staff; finalize baseline conditions model Regional 2.2 Estimate baseline peak hour turning movement volumes using the procedure developed in Task 1.1 at locations to be determined by City of Chula Vista staff and in accordance with procedures set forth in section 2.3 below. Planning Activities Hold preliminary meetings, as determined by City, with representatives from the following agencies to identify the scope and schedule of relevant planning studies and activities: Metropolitan Transit Development Board (South Bay Transit First Study and South Bay Early Action Project) · SANDAG (Regional Transportation Plan, Congestion Management Program, and Regional Transit Vision) · Caltrans, District 11 (I-5 Corridor Study) Page 19 2.2.1 Upon request of the City, participate in a series of meetings between City of Chula Vista staff and state/regional planning entities to discuss the status and findings of the studies. Consultant shall be prepared to discuss with appropriate agency staff members various topics including the implications of regional planning activities on City's Land Use/Transportation Element Determine, in consultation with City staff, the appropriate conclusions of the above planning studies to be incorporated into the Land Use/Transportation Element and supporting modeling and analyses. Consultant shall summarize their findings of Tasks 2.1 and ~.2 in a working paper (WORKING PAPER 1) to be submitted to City staff. Analysis of Baseline Conditions 2.3 Analyze baseline traffic volumes. Conduct daily roadway segment analysis using City level of service (LOS) thresholds. Services to be provided in this task include: 2.3.1 Develop a SYNCHRO link and node network to represent the study area based on Geographic Information System (GIS) files. This file may be used for microscopic or network-level simulation of baseline traffic conditions and other traffic scenarios. For the purposes of this analysis, it is assumed that 20 intersections will be evaluated. Spreadsheets will be developed to distribute and assign traffic volumes, to accoumt for post-processing adjustments, and to facilitate documentation. The intersection analysis for Baseline conditions will be conducted as part of Task 4 CEQA Analysis. 2.3.2 Develop a spreadsheet tool for the analysis of roadway segment LOS 2.3.3 Tabulate the results of the analysis and perform a Quality Assurance/Quality Control check of the results against previous studies. Recommend revisions as needed 2.3.4 Using the criteria developed in Task 2.1 (b), assess the level of attainment of the adopted General Plan goals and policies suggested by the model analysis results Page 20 2.3.5 Upon request of the City, meet with City staff to discuss the findings of the analysis. Consultant shall take all necessary steps to ensure that the City's Environmental Planning Section is kept advised of all CEQA related issues and that all aspects of CEQA review are discussed as early in process as possible. Documentation of Baseline Conditions 2.4 Consultant shall summarize their findings of the baseline conditions analysis (Tasks 2.3 and 2.4) in a working paper (WORKING PAPER 2) with appropriate exhibits and appendices. Additionally, this document will be provided to City staff for inclusion in the "Existing Conditions" portion of the General Plan Update Transportation Area-Wide Study. The format and content of the report shall adhere to the following outline: 1. Introduction / Report Objective 2. Existing Setting a. Physical Conditions (Facilities) b. Operations 3. Current Plans a. Existing General Plan b. Existing Standards (GMOC, other adopted standards) c. Currents Plans (Master Plans, Strategic Plan) Task III DRAFT PLAN ALTERNATIVES/POLIcY IMPLICATIONS Development of Land Use and Circulation Alternatives Regional Planning Activities 3.1 Consultant will contact planning agencies identified in Task 2.2 to determine the status of relevant projects. Co~ity 3.2 Visioning Input Meet with the City's General Plan Update team to brainstorm initial land use and circulation alternatives. Incorporate Smart Growth and Transit Oriented Design concepts into the alternatives. Work with City staff to identify appropriate neighborhoods to participate in the visioning process. Upon request of the City, Consultant shall assist City staff in a series of meetings. Page 21 Consultant will be prepared to participate in meetings and shall: 3.2.1 3.2.2 Present land use and circulation alternatives, and solicit community feedback. Consultant will develop, with City input, and circulate a questionnaire about preferences with respect to alternative modes of transportation (including bicycle, pedestrian, Transportation Demand Management (TDM), telecommuting, and others) Present revised alternatives based on initial feedback and upon request of the City discuss with the community 3.2.3 Refine the alternatives based on additional feedback, at the request of the City 3.2.4 Summarize the findings of the Regional Planning and Community Visioning process (Tasks 3.1 and 3.2), including alternative mode preferences and fatal flaws, in a working paper to be submitted to City staff (WORKING PAPER 3). Define Planning Context and Recommend Modeling Approach 3.3 Planning Context a. Consultant shall finalize land use and circulation alternatives to incorporate input from both regional planning activities and Community Visioning input (Task 3.3a). Document these finalized alternatives in a working paper to be submitted to City staff (WORKING PAPER 4). Model Approach Consultant shall work with City staff to develop transportation demand model land use, network and modal split inputs, and post-processing procedures to appropriately model the land use and circulation alternatives. Evaluate modal split and internal capture for alternatives as input into modeling. Execute traffic model runs and review results. Recommend adjustments as appropriate to City staff, and incorporate as directed. Summarize adjustments in working paper (Task 3.3b) (WORKING PAPER 5). Page 22 Analysis of Land Use and Circulation Alternatives Formulate Measures of Effectiveness 3.4 Select appropriate analysis methods to be used to evaluate land use and circulation alternatives. These methods may include traffic-engineering measures of effectiveness (LOS, intersection delay, arterial progression, etc.), transit service indicators (transit modal share, transit trip duration, etc.), as well as more qualitative items (such as compatibility with City and regional plans, feasibility of implementation---i.e., physical, fiscal, institutional, etc.---and others). All analyses (both quantitative and qualitative) shall be structured so as to facilitate CEQA-required analysis under Task 4, and will form the basis of identifying possible "fatal flaws" in each concept. Analysis 3.5 Conduct capacity analysis, as determined in conjunction with City staff, of roadway segments (City ADT-based LOS thresholds) for each alternative. Compare these findings to the results of the baseline scenario, tabulate the results, and identify locations where the alternative creates a significant traffic impact. Identify areas in the City that might benefit from each alternative, using selected-zone or selected-link model runs as appropriate. Mitigation 3.6 For each alternative, identify improvements to restore LOS to the City's minimum performance standard. These improvements may include geometric enhancements, Transportation Systems Management/Intelligent Transportation System approaches, and/or Transportation Demand Management techniques. Also, depending on the location of the deficiencies, the minimum performance standards may be revised to take advantage of the urban LOS latitude offered by Senate Bill 1636. The impacts and mitigation determined in this task may be adapted for use in Task 4.6, Environmental Review. Decision Matrix 3.7 The results of both the quantitative and qualitative analyses (Tasks 3.4 3.7) will be summarized in a clear and easy-to-read decision matrix. 3.7.1 Summarize the findings of these analyses in a working paper WORKING PAPER 6), (Tasks 3.4-3.7) Page 23 including charts, exhibits, and databases, to be provided to. City staff for review and comment. Alternative Transportation Modes of Travel 3.8 Upon request of City staff, work with City staff to review, assess, and expand upon the alternative mode information presented in working papers 3 and 4. Brainstorm alternative ways to comprehensively address these modes in the Land Use/Transportation Element. This may involve the development of goals and policies to encourage these modes, and the identification of appropriate measures of effectiveness (modal split, vehicle miles of travel, etc.). 3.9 Evaluate local and regional plans and policies (e.g., Bikeways Master Plan, Southbay Transit First Study, etc.) to identify opportunities and constraints for the implementation of alternative modes of travel. Provide an exhibit for review by City staff identifying gaps in the system, barriers to implementation, and recommended investments. Recommended improvements will include the following: · Non-motorized facilities {bicycle and/or pedestrian paths/trails) · Transit Oriented Design (TOD) · Bus Rapid Transit (BRT) service · Transit vehicle priority · Intermodal linkages · ITS approaches · TDM measures, taking into a~count on-going City study · Street reconfiguration in urban core, including auto restricted zones, one-way couplets, and traffic calming techniques · Internal interaction, including walk trips or short internal linked trips 3.9.1 At the conclusion of this task, a working paper (WORKING PAPER 7) will be provided which summarizes the results of the land use and circulation analysis (Tasks 3.7 and 3.9)and provides the database for feasibility evaluations and policy implications. The format and content of the WORKING Page 24 Urban 3.10 PAPER 7 shall adhere to the following outline: Forecasted Conditions a. Based on current GP build-out b. Based on possible GP land use and transportation changes Issues and Policy Implications a. Introduction (including purpose of section and relationship to General Plan development) b. Paragraph introducing major issue topics i. Issue A a. Issue discussion b. Policy Implications ii. Issue B a. Issue discussion b. Policy implications iii. Etc. Level of Service Develop alternative approaches to implement the intent of SB 1636 on City of Chula Vista streets. These approaches may involve enhanced capacity analysis (using HCM Chapter 15 (Urban Streets) procedures), revision of performance standards and/or LOS thresholds in selected areas, and use of non-traditional performance standards (such as multi-modal capacity). Consultant shall also explore public outreach and consensus-building strategies and meet with the City to discuss preliminary findings. One approach may be to allow for exceptions to projects that cause significant impacts if those projects can be categorized as high-density and are within 1/3 of a mile to the nearest busy bus stop or rail stop. As part of the Community visioning process (see Task 3.2 above), Consultant will assess the level of local support for alternate LOS thresholds pursuant to SB 1636. Consultant shall work with City staff to develop alternative approaches for incorporating the intent of this legislation into City analysis guidelines and procedures. These approaches will focus on Growth Management Oversight Committee (GMOC) analysis methods, performance standards, and LOS thresholds. This discussion will focus on the viability of expanding the scope of SB 1636 beyond designated CMP facilities within the City. Consultant shall also recommend the suitability of implementing SB 1636 within specified areas of the City based on the feedback collected during Community Visioning. Consultant shall prepare a working Page 25 Other 3.11 Cost 3.12 paper (Task 3.10) (WORKIN~ PAPER 8) that summarizes the findings. Network Improvements Facility Enhancements Outside of the City Upon request of the City, Consultant shall prepare an exhibit that depicts regional transportation facilities that will influence the City's circulation system (i.e. in the County of San Diego and the Cities of San Diego and National City). Coordinate with MTDB, SANDAG, California Transportation Ventures, and Caltrans District 11 staff to identify the location of new facilities, determine the enhancement to existing facilities, and research implementation related issues (i.e. environmental, fiscal, physical, etc.). Develop a matrix that summarizes facility enhancements and assesses implementation issues. Estimates Consultant shall at the request of the City, develop concept level cost estimates for each alternative scenario. These estimates will include the costs of facility planning, design and construction, and legal and financing costs that may be encountered. Many of the costs will be derived from other planning studies, such as those referenced in Section 3.1. For comparison purposes, all costs will be expressed in terms of current dollars. TASK IV CEQA LEVEL ANALYSIS OF SELECTED ALTERNATIVES EVALUATION Comparative Analysis 4.1 Refinements and Selection of Alternatives Using the information assembled in Task III, conduct a comprehensive CEQA review and evaluation of the land use and circulation alternatives developed in Task III. This review will include traffic, engineering, fiscal, and other criteria that have been developed. Revise or combine elements of the land use and circulation elements previously analyzed into three sets of alternatives for CEQA level analysis. These refinements and evaluations will result in three alternatives and be incorporated into the final EIR. Page 26 Alternatives Analysis 4.2 Incorporate Community Visioning input, City of Chula Vista goals and policies, and regional planning activities into three alternatives. Use this information to develop draft policy guidelines, which may address such factors as modal balance, levels of service, system continuity, funding sources, safety, and other considerations. Identify appropriate transportation facility design and development scenarios that facilitate the realization of Smart Growth principles. These scenarios may relate to phasing and timing needs. For each scenario, develop a decision matrix that addresses needs, evaluation criteria, transportation improvements, funding issues, and project ranking. The same matrix developed in Task 3.7 will be utilized for the purposes of consistency. Financing and Implications 4.3 Upon request of the City staff, identify financing options, including sources, amounts, and implications for applicable financing options. Develop tables to detail the specifics of each financing option. Identify possible legal implications in consultation with City staff. At the conclusion of this Task, Consultant shall prepare a memorandum (STATUS REPORT 2) that summarizes the key findings of Tasks 4.1 through 4.3. This memo will describe evaluation criteria and findings; present the Decision Matrix; and describe financing issues. Environmental Review and Documentation Modeling 4.4 Utilizing the post-process models developed in Task III, and in conjunction with the developed land use and circulation system, conduct a travel demand forecast that provides daily and peak hour volumes for the preferred three alternatives. Analysis 4.5 Conduct capacity analysis of the preferred alternatives, and tabulate the findings. Adapt the findings summarized in Task III for use in the CEQA-required analysis of the preferred alternatives. Additional analysis may be required to conform to CEQA. For example, the study area identified in Tasks II and III will probably need to be expanded in accordance with the study area scoping procedures outlined in the regional implementation of the Congestion Management Program (CMP) . Also, peak hour arterial segment analysis will be required on Page 27 4.6 Regionally Significant Arterials (RSA). For the purposes of this scope, 20 intersections are assumed to provide a CEQA- required level of detail. In this phase, Consultant will also evaluate Baseline conditions at the same 20 locations as described in Task 2.3.1. In addition to transportation capacity analysis, the three selected alternatives will be evaluated based on engineering, implementation, and other criteria. Identify significant environmental impacts and feasible mitigation measures for all three CEQA alternatives. Specify significant unmitigated impacts for the purposes of proposing a statement of over-riding consideration. Identify areas of the City where Alternative LOS, pursuant to SB 1636, may be necessary. These areas must be within approximately 1/3 mile of a transit station. Document analysis and findings in appropriate sections of the Draft EIR. Respond to comments and coordinate EIR production and revision with the preparers of the EIR in order to complete the EIR in a timely manner. Attend meetings and City scheduled public hearings as shown below in Task 5.1 in support of the environmental document. TASK v PUBLIC INVOLVE~NT Public Involvement 5.1 Consultant will be a part of the City's public involvement plan, which includes Community Visioning Workshops that ensure staff, elected officials, stakeholders and the general public have ample opportunity to be involved in developing the Land Use/Transportation Element. Consultant will participate in public involvement opportunities in conjunction with the overall citizen participation effort conducted as part of the General Plan update. Consultant shall attend the following meetings/workshops as identified by City staff: 5.1.1 Two Town Hall meetings; 5.1.2 Two Planning Commission meetings; 5.1.3 Two City Council meetings; 5.1.4 Two Steering Committee/Sub-Committee meetings per month for 6 months; 5.1.5 City Planning Department meetings at eight hours per month to discuss land use plan alternatives for 6 months; 5.1.6 Three Community Visioning Workshops; and 5.1.7 City originated Agency meetings (up to 25 meetings). Page 28 5.2 Consultant shall prepare a memorandum (STATUS P. EPORT 3) that summarizes the key direction and actions from subtasks 5.1.4 and 5.1.5, and other meetings, as appropriate. TASK VI - Land Use/Transportation Element Transportation Component 6.1 As directed by City staff, Consultant will assist in the development of a Land Use/Transportation Element of the General Plan that will be prepared for adoption by the City Council. The format of the Land Use/Transportation Element will be coordinated with the overall format of the General Plan. A. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement: ( ) Other: B. Dates or Time Limits for Delivery of Deliverables: The following schedule was developed based on the overall General Plan Update schedule. The Consultant is not responsible for schedule changes that are beyond their reasonable control. Deliverable No. 1: submit 3 bound copies of the Status Report #1 (See task 1.1) on or before June 20, 2003 Deliverable No. 2: Submit 3 bound copies of Working Paper # 1 Regional Planning Activities (See task 2.1 & 2.2 ) on or before June 20, 2003 Deliverable No. 3: Submit 5 bound, 1 unbound copies of Working Paper # 2 Documentation of Adopted General Plan Baseline Conditions (See task 2.3 & 2.4) on or before July 31, 2003 Deliverable No. 4: Submit 3 bound copies of Working Paper # 3 Community Visioning (See task 3.1 & 3.2) on or before July 31, 2003 Deliverable No. 5: Submit 3 bound copies of Working Paper ~ 4 Planning Context (See task 3.3a) on or before July 31, 2003 Page 29 Deliverable No. 5: Submit 3 bound copies of Working Paper # 4 Planning Context (See task 3.3a) on or before July 31, 2003 Deliverable No. 6: Submit 3 bound copies of Working Paper # 5 Model Adjustments (See task 3.3b) on or before July 31, 2003 Deliverable No. 7: Submit 3 bound copies of Working Paper # 6 Decision Matrix (See task 314 through 3.7) on or before October 1, 2003 Deliverable No. 8: Submit 3 bound copies of Working Paper # 7 Alternative Modes of Travel (See task 3.8 & 3.9) on or before October 1, 2003 Deliverable No. 9: Submit 3 bound copies of Working Paper # 8 Urban Level of Service (See task 3.10) on or about October 1,2003 Deliverable No. 10: Submit 3 bound copies of Status Report # 2 (See tasks 4.1 to 4.3) on or before December 1, 2003 Deliverable No. 11: Submit 7 bound, 1 unbound copies of Draft EIR (DEIR) Traffic Section, Subsequent Responses to Comments on DEIR & Final EIR Traffic Section (See task 4.4) on or before February 17, 2004 Deliverable No. 12: Submit 3 bound copies of Status Report # 3 (See task 5.1) on or before March 2, 2004 Deliverable No. 13: Submit 3 Draft Land Use / Transportation Elements and 3 Final Land Use / Transportation Elements (See task 6.1) on or before December 12, 2003 C. Date of completion of all required Consultant service tasks: as described under Section 8.A of this agreement all tasks shall be completed to the satisfaction of the City Engineer and the City's General Plan Project Manager by March 4, 2004 (This date may be extended at the discretion of the City and will be extended shall the overall General Plan Update schedule be extended). 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. Page 30 (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). (X) Automobile Liability Insurance: $1,000,000. 10. Materials Required to be Supplied by City to Consultant: a) b) c) d) e) f) g) h) i) j> The adopted City of Chula Vista General Plan Land Use and Circulation Elements. The City of Chula Vista Growth Management Program. The City's Growth Management Oversight Commission Policy. "Guidelines for Traffic Impact studies in the City of Chula Vista" Recently approved Environmental Impact Reports & Specific Plans. Previously completed traffic studies of relevance. MTDB's South Bay Transit First Study. SANDAG's Regional Transportation Plan, Regional Comprehensive Plan and Congestion Management Plan Existing traffic counts SANDAG traffic modeling 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive Page 31 credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. .Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall. designate, but only upon~such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. ( X ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Page 32 Phased Fixed Fee Amount: Deliverable/Milestone $222,000, payable as follows: Fee 1. Project Initiation $ 6,000 Deliverable: - Status Report 1 (Task 1.1) 2. Adopted Circulation Element $ 25,000 Deliverables: - Working Paper 1 (Regional Planning Activities) (Task 2.1 & 2.2) - Working Paper 2 (Baseline Conditions) (Tasks 2.3 & 2.4) 3. Development of LU/Circ Alternatives $ 27,000 Deliverables: - Working Paper 3 (Community Visioning) (Tasks 3.1 & 3.2) - Working Paper 4 - working Paper 5 (Planning Context) (Task 3.3a) (Model Adjustments) (Task 3.3b) 4. Analysis of LU/Circ. Alternatives $ 27,000 Deliverable: - Working Paper 6 (Decision Matrix) (Task 3.4 through 3.7) 5. Alternate Modes of Travel $ 13,000 Deliverable: - Working Paper 7 (Alternative Modes of Travel} (Tasks 3.8 & 3.9) 6. Urban LOS/Costs $ 21,000 Deliverable: - Working Paper 8 (Urban LOS) (Task 3.10) 7. CEQA Alternative Development (Tacks 4.1 to 4.3) $ 22,000 Deliverable: - Status Report 2 8. CEQA Level Analysis $ 49,000 Deliverables: - DEIR Traffic Section (Task 4.4) - Responses to Comments on DEIR - FEIR Traffic Section Completion Date 6/20/03 6/20/03 7/31/03 10/01/03 10/01/03 10/01/03 12/01/03 2/17/04 9. Public Involvement $ 18,000 3/2/04 Deliverable: - Status Report 3 (Task 5.1) 10.Land Use/Transportation Element (Tasl 6.1) $ 14,000 12/12/03 Deliverables: - Draft Land Use/Transportation Element - Final Land Use/Transportation Element Total Fee Fixed Fee ~ount: $222,000 Page 3 3 ( X ) 1. X ) 2. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. Limitation without Further Authorization on Time and Materials Arrangements At such time as Consultant shall have incurred time and materials equal to $222,000.00 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City° Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (i) ) Not-to-Exceed Limitation on Time and Materials Arrangement Page 34 (2) Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensatio~ amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). ( ) Limitation without Further Authorizatio~ on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Page 35 Rate Schedule Category of Employee of Consultant Name Hourly Rate Project Manager David Sorenson $ 172.00 Senior Traffic Engineer Jim Daisa $ 178.00 Senior Civil Engineer Dennis Landaal $ 165.00 Senior Trans. Planner Scott Barker $ 114.00 Registered Professional (AICP, P.E. T.E.) $ 100.00 CADD Graphics Designer $ 99.00 Analyst $ 75.00 Administration/Support $ 58.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Reports, not to exceed $ : Copies, not to exceed $ : Travel, not to exceed $ : Printing, not to exceed $ : Postage, not to exceed $ : Delivery, not to exceed $ : Long DistanCe Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : Cost or Rate 13. Contract Administrators: City: Dave Kaplan, General Plan Update Transportation Manager, Engineering Department,276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5025,dkaplan@ci.chula-vista.ca.us Page 36 Consultant: David K. Sorenson, Vice President, Kimley-Horn and Associates, Inc. 517 Fourth Avenue, Suite 301,San Diego, CA 92101 Voice Phone (619) 234-9411 Fax Phone (619) 234-9433 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No. 7. Business positions. Page 37 ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. 17. ( ) Consultant is Real Estate Broker and/or Salesman Permitted Sub-Consultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X Monthly Quarterly Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) End of the Month ( ) Other: C. City's Account Number: To be assiqned 19. Security for Performance (X Performance Bond, Letter of Credit, Other Security: Type: Amount: $ Retention. If notwithstanding requiring the this space is checked, then other provisions to the contrary payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 5% Page 38 ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services satisfaction of the City Engineer and General Plan Project Manager. to the City's Page 39 City: Dave Kaplan, General Plan Update Transportation Manager, Engineering Department,276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5025,dkaplan@ci.chula-vista.ca.us Consultant: David K. Sorenson, Vice President, Kimley-Horn and Associates, Inc. 517 Fourth Avenue, Suite 301,San Diego, CA 92101 Voice Phone (619) 234-9411 Fax Phone (619) 234-9433 14. ( ) $ ( ) Other: 15. Statement Liquidated Damages Rate: per day. of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing~authority of the department. Category No. 4. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale o~ real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated Page 40 ( ) ( employee's department to provide services, supplies, materials, machinery or equipment. Category No. 7. Business positions. List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. 17. ( ) Consultant is Real Estate Broker and/or Salesman Permitted Sub-Consultants: None 18. Bill Processing: Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: Page 41 19. ( ) First of the Month (X) End of the Month ( ) Other: C. City's Account Number: To be assigned Security for Performance (X Performance Bond, Letter of Credit, Other Security: Type: Amount: $ Retention. If notwithstanding requiring the this space is checked, then other provisions to the contrary payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (x) Retention Percentage: 5% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the City Engineer and City's General Plan Project Manager. Page 42 {o Page 1, Item / Meeting Date 5-27-03 COUNCIL AGENDA STATEMENT ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 06I (Eastlake - Woods, Vistas And Land Swap) Declaring the Results of a Special Election to Modify the Rate and Method of Apporfionment of Special Taxes Authorized to be Levied in Improvement Area B of Such Community Facilities District B) Resolution of the City Council of the City of Chula Vista, California, Declaring the Results of a Special Election in Annexation Area to be Annexed to Community Facilities District No. 06-I (Eastlake - Woods, Vistas And Land Swap) and Designated as Improvement Area B thereto SUBMITTED BY: REVIEWED BY: c) Ordinance of the City Council of the City of Chula Vista, California, Amending Ordinance No. 288l and Authorizing the Levy of a Special Tax in Improvement Area B of Community Facilities District No. 06-I (Eastlake - Woods, Vistas And Land Swap) Pursuant to an Amended Rate and Method of Apportionment of Special Tax Director of Engineefing~ City ManagerQ,~v (4/5ths Vote: Yes__ No X ) On March 18, 2003 the City Council declared the intention to consider the proposed modifications to the Rate and Method of Apportionment (PUMA) for Improvement Area B and the annexation of certain territory into Improvement Area B for Community Facilities District No. 06-I (CFD No. 06-I) and set the Public Heatings for May 13, 2003. On May 13, 2003 the City held two Public Hearings to consider 1) the approval of a resolution to authorize the modifications to the RMA and 2) the . approval of a resolution to authorize the annexation of property for Improvement Area B of the 'Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap). On May 21, 2003, a special election of eligible property owners was held at the City Attorney's office for the purpose of voting on the proposed modifications to the RMA and the annexation of territory for Improvement Area B of the CFD No. 06-I. Tonight's action will continue the formal proceedings by (a) certifying the election results authorizing the modifications to the RMA, (b) certifying the election results authorizing the annexation of certain territory into Improvement Area B for CFD No. 06-1, and (c) introducing the first reading of the Ordinance authorizing the levy of special taxes, pursuant to the Amended RMA which will amend and supercede the provisions of Ordinance No. 2881 for CFD No. 06-I. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. '7-¸/ Page 2, Item ~ Meeting Date 5-27-03 RECOMMENDATION: That Council: Approve the Resolution declaring the results of a special election in such Community Facilities District to consider the modifications to the RMA for Improvement Area B for CFD No. 06-I. Approve the Resolution declaring the results of a special election in such Community Facilities District to annex certain territory into Improvement Area B for CFD No. 06-1. Introduce the First Reading of the Ordinance, authorizing the levy of a special tax, pursuant to the Amended RMA in Improvement Area B of such Community Facilities District. DISCUSSION: Background As noted above, on May 13, 2003, the City Council held two Public Hearings pertaining to the modifications to the RMA and the annexation of certain territory for Improvement Area B for CFD No. 06-1. The City Council opened the Public Hearings and no one spoke either for or against the modifications and annexation to the District. The Public Heatings were closed and Council approved the proceedings. The City Council adopted two resolutions that night which authorized the modifications to the RMA and the annexation for Improvement Area B for CFD No. 06-I, made preliminary findings, passed upon the protests, approved the change and modifications of proceedings, approved on the annexation of territory, and authorized the submittal to the qualified electors for both proceedings within CFD No. 06-1 of two ballot measures to authorize such modifications to the RMA and the annexation. The Public Hearings were held pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982" which allows for such modifications to CFD's. On May 21, 2003, in the City Attorney's office, the City Clerk, acting as the election official, conducted a special alection and the qualified electors of Improvement Area B, i.e., the owners of land within Improvement Area B, voted upon the measures to authorize the modifications for the RMA and annexation of certain territory for CFD No. 06-1. The City Clerk and the Special Tax Consultant presided over the proceedings, verified the eligiblevoters, signatures, and presented the election ballots. The results of the special election shows 100% of the votes were cast in favor of authorizing the modifications to the RMA and the annexation of certain territory for Improvement Area B for CFD No. 06-I. Exhibit 2 is Annexation Map No. 1 for CFD No. 06-I, which illustrates the parcel to be annexed into this District, and its located adjacent to the southerly parcel within EastLake's "Land Swap" (143 gross acres) owned by The EastLake Company, LLC. The Annexation Map No. 1 was created to correct a parcel that was inadvertently omitted from the original boundaries. This addition is shown Page 3, Item r~ Meeting Date 5-27-03 on the amended boundary for the "Land Swap" Improvement Area B. A copy of the Annexation Map No. 1 is on file at the City Clerk's office and is available for review. The Resolutions/Ordinance There are two Resolutions and one Ordinance on today's agenda, which, if adopted, will accomplish the following: A) RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR the Amended Rate and Method of Apportionment for Community Facilities District No 06-I (EastLake-Woods, Vistas and Land Swap) within Improvement Area B and perform the following: · Certify the election results B) RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR the annexation of certain territory into Community Facilities District No 06-I (EastLake- Woods, Vistas and Land Swap) within Improvement Area B and perform the following: · Certify the election results c) The ORDINANCE is the first reading of an Ordinance by the City Council acting as the legislative body of CFD No. 06-I authorizing the levy of a special tax in Improvement Area B pursuant to the Amended RMA and will amend and supercede those provisions of Ordinance No. 2881 of such CFD. Notice The property owners within the District were notified of the election and voting procedures and the election took place on May 21, 2003 in the City Attorney's office. The summary of the Ordinance has been prepared by the City Clerk and will be published in an adjudicated newspaper of general circulation between the first and second reading of the Ordinance for CFD No. 06-I. Future Actions On June 3, 2003 the City Clerk shall place the second reading on the City Council's agenda and upon approval the City Clerk will then cause the publication ora summary of the Ordinance in an adjudicated newspaper of general circulation. It is anticipated that in late October or early November 2003, the City Council will consider the formal actions approving the necessary bond documents pertaining to Improvement Area B for CFD No. 06-I. These documents will be the Preliminary Official Statement, Bond Indenture, Market Absorption Analysis, Appraisal, and other pertinent documents related to the bond sale. Page 4, Item ~ Meeting Date 5-27-03 FISCAL IMPACT: There will be no direct fiscal impact to the City. The developer will pay all of the RMA modification and annexation proceedings costs and has deposited money to fund initial finance consultant costs, and City costs in accordance with the approved Reimbursement Agreement. Attachments: 1. Amended Rate and Method of Apportionment for Improvement Area B 2. Annexation Map No. 1 for CFD No. 06-I J:\Eng/neer~AGENDA\CAS 5-27-03, RMA-Annex4Drd.doc ATTACHMI~NT' I _ AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I IMPROVEMENT AREA B (EastLake - "Land Swap") A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Commtmity Facilities District No. 06-1, Improvement Area B ("Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area B including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I or any designee thereofrolated to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-1 for any other administrative purposes of Improvement Area B, including, but not limited to CiO, of Chula Vista Community Facilities District No. 06-1, Improvement ~4rea B EastLake - Land Swap Page 1 attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. 1.a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C.l.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD-06-I for Improvement Area B under the Act. "Bond Year" means a one-year period beginning on September 2na in each year and ending on September 1st in the following year. Unless defined differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFI)-06-I means City of Chula Vista, Community Facilities District No. 06-I. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 2 "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Tax due to its classification as either Public Property, Property Owner Association Property Community Purpose Facility Property. "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B' means Improvement Area B of CFD No. 06-I known as the "Land Swap". "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented fi.om time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any ofthe classes listed in Table 1 of SectionC. "Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the Indenture. "Property Owner Association Property" means any property within the boundaries of Improvement Area B owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors' City of Chula Vista CommuniO~ Faciliges District No. 06-1, Improvement Area B EastLake - Land Swap Page 3 Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of Improvement Area B that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessom' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-I provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property for Improvement Area B; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD-06-I, Improvement Area B that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. city of Chula Vista Community Facilities District No. 06-1, Improvement Area B East£ake - Land Swap Page 4 "Zone 3" means a specific geographic area as depicted in Exhibit A attached hereto. "Zone 4" means a specific geographic area as depicted in Exhibit A attached hereto. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within, Improvement Area B shall be (a) categorized as being located in either Zone 3 or Zone 4, (b) classified as Developed Property or Undeveloped Property and (c) shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Furthermore, all Developed Property shall then be classified as Residential or Commercial Property. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assiened Soecial Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone 3 and Zone 4 Land Use Class Description 1 Residential Property 2 Commercial Property Assigned Special Tax $0.74 per square foot of Residential Floor Area $6,000 per Acre b. Backuo Soecial Tax When a Final Subdivision Map is recorded within Zone 3 or Zone 4, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall bc determined as follows: City of Chula Vista Community FactTities District No. 06-I, Improvement Area B EastLake - Land Swap -'~ ~ ~ Page 5 For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 3 $20,563 x A L Zone 4 $6,667 x A L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $20,563 for Zone 3 and $6,667 for Zone 4 by the total Acreage of each Assessor's Parcels of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap 7 - ~lo Page 6 Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified, as Undeveloped Property shall be $20,563 per Acre for Zone 3 and $6,667 per Acre for Zone 4. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zone 3 and Zone 4 at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property within Zone 3 and Zone 4, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement at~er the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately fi.om the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. City of Chula ~ista Community Facilities District No. 06-1, Improvement.drea B EastLake - Land Swap -]-II Page 7 E. EXEMPTIONS o The CFD Administrator shall classify the following Assessor Parcel(s) as exempt property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the stun of all Taxable Property to less than 36.50 Acres in Zone 3 and 52.00 Acres in Zone 4. Assessor's Parcels which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 36.50 Acres in Zone 3 and 52.00 Acres in Zone 4 will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which cannot be classified as exempt property as described in paragraph 1 of Section F shall be prepaid in full by the seller pursuant to Section 1.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap 7-/2- G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFI) Public Facilities" means those public facilities authorized to be financed by CFD- 06-I Improvement Area B. "CFD Public Facilities Costs" means either $12.3 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public Facilities, or Co) the Council concurrently with a covenant that it will not issue any more Bonds to bc secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction l%nd" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) fi.om the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap ~ ~/~ Page9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Prepayment Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 10 o o 10. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicablo redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'S. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. Determine the fees and expenses of CFD-06-I, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds fi.om the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. 12. 13. Compute the amount the CFD Administrator reasonably expects to derive fi.om the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step 10, fi'om the date of prepayment until the redemption date for the outstanding bonds to be redeemed with the prepayment. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 11 (the "Defeasance Amount"). The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment f~om the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the mounts computed pursuant to paragraphs 3, 4, 6, 10, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD-06-I. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Aet. However, the use of Bond tenders shall only be allowed on a ease-by-ease basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued Community Facilities District No. 06-1' Improvement.4rea B EastLake - Land Swap '7 -/6 may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP = (PExF)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees and Expenses determined pursuant to Step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Prepayment Fees and Expenses determined pursuant to Step 10. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special T~x shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H. 1, and (ii) indicate in the records of CFD-06-I, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2043-2044 Fiscal Year. City of Chula Vista Community Fact?ities District No. 06-1, Improvement Area B EastLake - Land Swap 7-17 Page 13 -J-oo ~ 0 O. 7 -/q RESOLUTION NO, 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) DECLARING THE RESULTS OF A SPECIAL ELECTION TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED IN IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"), has previously undertaken proceedings to create and did establish a Community Facilities District and designate two improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is referred to as COMMUNITY FACILITIES DISTRICT NO. 061 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the Improvement Areas are designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B; and, WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on September 17, 2002, approved the authorization to levy special taxes within each Improvement Area pursuant to a separate rate and method of apportionment of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved for Improvement Area B shall be referred to as the "Existing Improvement Area B RMA"); and WHEREAS, subsequent to the formation of the District and such election, The EastLake Company, LLC, the master developer of the property within Improvement Area B of the District, requested that the City Council, acting as the legislative body of the District, initiate proceedings to modify the Existing Improvement Area B RMA; and WHEREAS, this City Council did initiate such proceedings and did call for and order to be held an election to submit to the qualified electors of Improvement Area B a proposition relating to the proposed modification of the Existing Improvement Area B RMA; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/Ys vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 061 (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement identifying the measures voted upon and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY: APPROVED AS TO FORM BY: Clifford Swanson Director of Engineering J:Attomey/Reso/CFD/Res Dcclar Election CFD 06I lAB Ann~ Moore City Attorney 2 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 061 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) IMPROVEMENT AREA B SPECIAL ELECTION in said City, held May 20, 2003. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in Improvement Area B of such District in such City, and the whole number of votes cast for Proposition A in Improvement Area B of such District in said City, and the totals of the respective columns and the totals as shown for Proposition A pertaining to the proposed modification of the Rate and Method of Apportionment of Special Taxes are full, true and correct. VOTES CAST ON PROPOSITION A: YES /Z/~ NO -- ~ ~ WITNESS my hand and Official Seal this ~-24--dayof ,flTT)~ ,2003. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 3 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN ANNEXATION AREA TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND DESIGNATED AS IMPROVEMENT AREA B THERETO WHEREAS, the City Council of the City of Chula Vista California (the "City Council"), has previously undertaken proceedings to annex certain property (the "Annexation Area") to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3; 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is referred to as Community Facilities District No. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Annexation Area a proposition relating to the levy of special taxes within the Annexation Area; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions o~' the Elections Code of the State of California and to order that the Annexation Area be added to the District and Improvement Area B thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. SECTION 4. This City Council does hereby determine and declare that the Annexation Area is now added to and becomes a part of the District and Improvement Area B thereto. The City Council hereby further determines that the .City Council is now authorized to levy the special taxes within the Annexation Area as approved and authorized by the qualified electors of the Annexation Area. PREPARED BY: APPROVED AS TO FORM BY: Cliff Swanson Director of Engineering J:/Attomey/Reso/CFD 061 I A B Annex Map Ann Moore City Attorney EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY-FACILITIES DISTRICT NO. 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) IMPROVEMENT AREA B ANNEXATION MAP NO. 1 SPECIAL ELECTION in said City, held May 21, 2003. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. VOTES CAST ON PROPOSITION A: YES NO --~ WITNESS my hand and Official Seal this O,.~-1 day of ,2003. CITY CLERK .o ELECTRON OFFICIAL' CITY OF CHULA VISTA STATE OF CALIFORNIA 3 "7 -.2e5 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE NO. 2881 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of separate special taxes in separate improvement areas of a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as Community Facilities District No. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the improvement areas therein are designated as Improvement Area A and Improvement Area B (individually, an "Improvement Area" and collectively, the "Improvement Areas"); and WHEREAS, the City Council, acting as the legislative body of the District, previously enacted Ordinance No. 2881 to authorize the levy of special taxes within Improvement Area A and Improvement Area B pursuant to a separate rate and method of apportionment applicable to each respective Improvement Area; and WHEREAS, the City Council, has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors of Improvement Area B authorizing the levy of special taxes therein pursuant to an amended rate and method of apportionment thereof. The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 06-I (E~astLake - Woods, Vistas and Land Swap), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in Improvement Area B pursuant to the Amended Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Amended Rate and Method"). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within Improvement Area B for the then current tax year or future tax years; provided, however, the 1 special tax to be levied in Improvement Area B shall not exceed the maximum special tax authorized to be levied pursuant to the Amended Rate and Method. SECTION 3. The special taxes herein authorized to be levied within Improvement Area B, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special taxes authorized to be levied in Improvement Area B shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall, upon becoming effective, anaend and supercede any and all provisions of Ordinance No. 2881 pertaining to the authorization to levy special taxes within Improvement Area B of the District. All provisions of Ordinance No. 2881 pertaining to the authorization to levy special taxes within Improvement Area A of the District shall remain in full force and effect. SECTION 6. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. ATTEST Cliff Swanson Director of Engineering J:Attorney/Ordinance/Ord Auth Levy - Revised CFD 06[ IA B APPROVED AS TO FORM: Ann Moore C. ity Attorney 2 EXHIBIT A AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRIC'E NO. 06-I IMPROVEMENT AREA B (EastLake - "Land Swap") A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 06-I, Lmprovement Area B ("Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an mount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California~ "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area B including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds fiom an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I for any other administrative purposes of Improvement Area B, including, but not limited to City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page I attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of .the County Assessor of the County designating parcels by Assessor's ParCel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.l.a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C.l.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD-06-I for Improvement Area B under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1st in the following year. Unless defined differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD-06-I means City of Chula Vista, Community Facilities District No. 06-1. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 2 "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Tax due to its classification as either Public Property, Property Owner Association Property Community Purpose Facility Proper~y. "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B" means Improvement Area B of CFD No. 06-I known as the "Land Swap". "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means anyofthe classes listed in Table 1 of Section C. "Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annum Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the Indenture. "Property Owner Association Property" means any property within the boundaries of Improvement Area B owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors' City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 3 Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the bomadaries of Improvement Area B that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Adminis~-ator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that mount of Special Tax revenue required in any Fiscal Year for Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstand'mg Bonds, including but not limited to, credit enhancement and rebate payments on Outstand'mg Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-I provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property for Improvement Area B; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD-06-I, Improvement Area B that are not exempt fi.om the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page4 "Zone 3" means a specific geographic area as depicted in Exhibit A attached hereto. "Zone 4" means a specific geographic area as depicted in Exhibit A attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within, Improvement Area B shall be (a) categorized as being located in either Zone 3 or Zone 4, Co) classified as Developed Property or Undeveloped Property and (c) shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Furthermore, all Developed Property shall then be classified as Residential or Commercial Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned Soecial Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone 3 and Zone 4 Land Use Class Description 1 Residential Property Commercial Property Assigned Special Tax $0.74 per square foot of Residential Floor Area $6,000 per Acre b. Backun Soeciai Tax When a Final Subdivision Map is recorded within Zone 3 or Zone 4, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Proper~ or Commercial Property shall be determined as follows: City of Chula Vista Community Facilities District No. 06-1, Improvement.4rea B EaxtLake - Land Swap For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 3 $20,563 x A L Zone 4 $6,667 x A L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commemial Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $20,563 for Zone 3 and $6,667 for Zone 4 by the total Acreage of each Assessor's Parcels of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordatign of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the mount of Backup Special Tax that would have been generated if such change did not take place. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake ~ Land Swap -'~ - ~?.~ Page 6 Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified, as Undeveloped Property shall be $20,563 per Acre for Zone 3 and $6,667 per Acre for Zone 4. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zone 3 and Zone 4 at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property within Zone 3 and Zone 4, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Th/rd: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no cimumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. City of Chula Vista Community Facilities District No. 06-I, lmprovement Area B EastLake - Land Swap '-] -~l~ Page 7 E. EXEMPTIONS The CFD Administrator shall classify the following Assessor Parcel(s) as exempt property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property to less than 36.50 Acres in Zone 3 and 52.00 Acres in Zone 4. Assessor's Parcels which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 36.50 Acres in Zone 3 and 52.00 Acres in Zone 4 will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but wkich cannot be classified as exempt property as described in paragraph 1 of Section F shall be prepaid in full by the seller pursuant to Section 1.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the mount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determination~ relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be financed by CFD- 06-1 Improvement Area B. "CFD Public Facilities Costs" means either $12.3 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Fac'ffries Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFI) Public Facilities Costs previously funded (i) from the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly from Special Tax revenues and Co) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outstanding Bonds" means all previously issued Bonds which will remain oUtstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. Ci~ of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building p,ncdt has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay, Within 30 days of receipt of such written notice, the CFD Adminislxator shall notify such owner of the Prepayment mount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as sttmmaxized below (capitalized terms as defmed below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Prepayment Fees and Expenses Reserve Fund Credit Cal~italized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. City of Chula Vista Community Facilities District No. 06-I, Improvement Area B EastLake - Land Swap Page 10 10. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the mount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount detemained pursuant to paragraph 5 to compute the amount of Furore Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'S. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. Determine the fees and expenses of CFD-06-I, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. 12. 13. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step I0, from the date of prepayment until the redemption date for the outstanding bonds to be redeemed with the prepayment. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 11 (the "Defeasance Amount"). The reserve fund credit (the "Reserve Fund Credit") shall equal the lesse~ of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. City of Chula Vista Comrnunity Facilities District No. 06-1,1rnprovement Area~ ~ EastLake - Land Swap - Page 11 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD-06-I. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel fi:om the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstand'mg the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annum Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building penuit has been issued City of Chula Vista Cornmunity Facilities District No. 06-1, Improvernent.,trea B -)r~ EastLake - Land Swap '~ - Page 12 may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP = (PExF) +A These terms have the following meaning: PP = the partial prepayment P~ = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees and Expenses determined pursuant to Step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximin Annual Special Tax. A= the Prepayment Fees and Expenses determined pursuant to Step 10, The owner of an Assessor's Parcel who desires to partially prepay the MaXimum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H. 1, and (ii) indicate in the records of CFD-06-I, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2043-2044 Fiscal Year. City of Chula Vista Community Facil#ies Distn'ct No. O6-1, [mprovement Area B .~ ~ EastLake - Land Swap Page 13 .JF--.I o w_~o I COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/27/03 ITEM TITLE: Resolmion Approving the Final Map for San Miguel Ranch Planning Area"D", Chula VistaTract No. 99-04. Accepting onbehalfofthe City of Chula Vista, the various streets and easements, all as granted on said map, within said subdivision and 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 "D", Chula Vista Tract No. 99-04, requiring Developer to comply with certain unfulfilled conditions of both Resolution No. 2000-068 and Resolution No. 2002-175 and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: REVIEWED BY: Resolution Approving a Grant of Easements and Maintenance Agreement, between Pardee Construction Company, a California Corporation and City, regarding maintenance of private open space and facilities within the right of way and authorizing the Mayor to execute said Agreement Director of Engineeringff~ City Manager (4/Sths Vote: Yes No X ) On February 29, 2000, by Resolution No. 2000-068, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch. OnAugust 7, 2001 byResolution No. 2001-259, Council approved San Miguel Ranch Phases 1, 2 & 4 "A" Map No. 1. On May 28 by Resolution No. 2002-175 Council approved a Tentative Subdivision Map and Conditions of approval for San Miguel Ranch lot 5, Chula Vista Tract 02-08. Tonight, City Council will consider the approval of Platming Area "D" (San Miguel Ranch lot 5) final map within Phase 2 of San Miguel Ranch by the developer Pardee Construction Company. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B"Map & Subdivision Improvement Agreement. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement. 3. Resolution approving the Grant of Easements and Maintenance Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of west Calle La Marina, north of Proctor Valley Road and west of Mount Miguel Road, within the area of San Miguel Ranch Phase 2. The "B" map for Planning Area "D" consists of 107 numbered lots (Single Family Detached units) and 14 lettered lot, totaling a gross area of 22.324 acres (see Exhibit 1). Page 2, Item ~ Meeting Date 5/27/03 The final map has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Maps. Approval of the map constitutes acceptance by the City of all 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. Pardee Construction Company, as current owner of planning Area D has executed the appropriate Subdivision Improvement Agreement, providing bonds to secure the construction of onsite facilities within the subdivision and a Supplemental Subdivision Improvement Agreement, which addresses several outstanding conditions of the tentative map. Approval of the map and resolution will result in the summary vacation of highway embankment slopes, drainage structures and sewer purpose easements pursuant to California Streets and Highway Code §8330 et.seq. The highway embankment slope is not required for street and highway purposes. The public service easements have not been used for the purposes for which they were dedicated for the past five years and there are no in place public utilities that would be affected by this vacation. Parks The Master Developer (NNP Trimark San Miguel Ranch, LLC) has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks within San Miguel Ranch Phases 1, 2, & 4 "A' Map No. (Resolution No. 19210). All PAD fees have been paid Affordable Housing Under the City's Affordable Housing Program and based on a total of 1,394 residential housing units which are currently allowed to be constructed within San Miguel Ranch, the developer has an obligation to provide 70 affordable units for low income households and 70 affordable units for moderate income households within the project. In order to ensure satisfaction of this obligation, an Affordable Housing Agreement for San Miguel Ranch was executed on August 7, 2001. As stipulated within the Affordable Housing Agreement, "prior to the approval of the Final Map involving the 892nd dwelling unit for the Project or prior to the issuance of the 360th building permit for the Project, whichever occurs first", the developer must submit a site plan application for Design Review Commission review and approval for a minimum of 48 low income units. At this time, the developer is making progress to the satisfaction of the Community Development Department to comply with this threshold requirement. The Developer is in the process of drafting an initial site plan. Staff is ~vorking with the developer to finalize within the next few months a development proposal that meets both the Developers' business plans and the City's housing needs. Grant of Easements and Maintenance A~reement There is no CFD for maintenance within San Miguel Ranch, therefore the Developer Pardee Construction Company is responsible for all maintenance. The Maintenance Agreement establishes specific obligations and responsibilities of the developer which may later be transferred to the Home Owners Association, regarding the maintenance of private open space and facilities within the right of way. This agreement also grants non-City crews permission maintain parkways in the public right of way and storm drain inlets equipped with water quality facilities. Page 3, Item b Meeting Date 5/27/03 FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed Final Map and agreements. Attachments: Exhibit 1: Plat - San Miguel Ranch Planning Area "D", Chula Vista Tract 99-04, location map. Exhibit 2: Developer's Disclosure Statements. JSEngineer\LANDDEV~ProjectskSan Migu¢l RanchhNeighborhood D~A113_SanMiguelRanch_D2_LHINES.doc N CHULA NO SCALE CORTE BAUTISTA EXHIBIT A VISTA TRACT NO, 02-08 LA CALLE CATARINA PROCTOR VALLEY ROAD THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Pardee Homes If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in ~th0~busi~ess: (corporatiort/part~ership) entity. Weyerhaeuser Real Estate Co. (wholly owned subsidiary of WeYerhaeuser If any person* identified pursuant to (i) above ~'a ~6~oprofit organization or trust, list the names of any person serving as director of the no¢~pro_fit Qrgardzation or as trustee or beneficiary or trustor of the trust. · N/A Please identi~ every person, including any agents, employees, consultants, or independent con~actorsyou have assignedtorepresen(you beforethe City inthismaRer. Rick Engine~rin~ Company SJA Landscape Architects Pacific Soils Engineering, Inc. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes. No x If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 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 X If Yes, which Council member? Have you or any member of your governing b~~rd (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions, totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 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 x If Yes, which official** and what was the nature of item provided? ~ ~a Date: CJ'~ ~ ;nt '' Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co°partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, disirict, or other politic~fil 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:L-HOME~ENGINEERLADMIN~CONTRACT~DIS CLOSE.DOC RESOLUTION NO. 2003- RESOLUTION APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "D", 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 AND 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 1T RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 99- 04, San Miguel Ranch Planning Area "D", particularly described as follows: Lot 5 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. Area: 22.324 Acres Numbered Lots: 107 No. of Lots: 121 Lettered Lots: 114 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 following streets: Avenida Gabriel, Avenida Soledad, Avenida Antonio, Avenida Mantilla, Calle Catarina, Calle Femando and Corte Bautista all as shown on San Miguel Ranch Planning Area "D" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts the tree planting and maintenance, general utility and access easements, all as shown on San Miguel Ranch Planning Area "D" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable offer of Dedication of the Fee interest of lots "A" through "L" for open space and other public purposes. BE IT FURTHER RESOLVED that said Council hereby vacates pursuant to California Streets and Highway §8330 et.seq, on behalf of the City of Chula Vista certain easements recorded January 11, 1991 per document no. 1991-0015563 in the office of the County Recorder of san Diego County in lot 5 of Chula Vista tract no 99-04, map 14261 for highway embankment slopes, drainage structures and sewer purposes; from and after the date this resolution is recorded, the highway embankment, drainage structures and sewer purpose easements shall no longer constitute easements. 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 streets and easements as granted San Miguel Ranch Planning Area "D" within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego and cause this resolution to be recorded. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated May 20, 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 is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Director of Engineering City Attorney J:Attomey\Reso\SS[A\CVT 9q-04 D THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Moore City Attorney Dated: 2- ~-/- ~-''2 Approving the Subdivision Improvement Agreement for the completion of improvements required by said Subdivision for San Miguel Ranch Planning Area "D", CVT No. 99-04 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 ,2003, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and PARDEE CONSTRUCTION COMPANY, 12626 High Bluff Drive, Suite 100, San Diego, CA 92130, 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 "D" 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 requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, flee 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 mhp 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 and Resolution No. 2002-175, approved on the 28th day of May, 2002 ("Tentative Map Resolution"); and WHEREAS, complete plags 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. 02138-01 through 02138-12 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 mount of ONE MILLION EIGHT HUNDRED SEVENTY-FOUR THOUSAND DOLLARS AND NO CENTS ($1,874,000.00). 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 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. -2- 5'-// 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 sWacrures 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 En~neer 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 Califorrda 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 NINE HI_~rDRED THIRTY-SEVEN THOUSAND DOLLARS ANrD NO CENTS ($937,000.00) 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 Ci[y 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 NINE HUNDRED THIRTY-SEVEN THOUSAND DOLLARS AND NO CENTS (S937,000.00) 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- THREE THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($23,100.00) to secure the installation of monurnents, 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 alter 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 stnn or sums for said work pr 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 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 damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of -4- 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 (I0) 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 fi.om any claim, action, or proceeding against the City or itu 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 h/s/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, pen-nit 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. -5- SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT SAN MIGUEL RANCH PLANNING AREA "D" 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 Mayor of the City of Chula Vista ATTEST City Clerk PARDEE CONSTRUCTION, CO. Approved as to form by City Attorney (Attach Notary Acknowledgment) -6- 9-1S' LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance Form: Bond Amount: $937,000.00 Improvement Security - Material and Labor: Form: Bond Amount: $937,000.00 Improvement Security - Monuments: Form: Bond Amount: $23,100.00 Securities approved as to form and amount by Improvement Completion Date: City Attorney Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\A~orney\SIA\SMR Planning Area D -7- STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS On Mav 5, 2003 , before me, Jennifer L. Pitts the undersigned Notary Public, personally appeared: Beth Fischer and Charles Corum personally known to me (or gloved to mc oH the basi~ of ~at~factot y evidence) to be the person(s) whose name(s) is/~'subscribed to the within instrument and acknowledged to me that-h~she/~:executed the same in ht~gl~uthorized capacity(ies), and that by ~'.':~e~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RESOLUTION NO. 2003- RESOLUTION APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "D", CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF BOTH RESOLUTION NO. 2000-068 AND RESOLUTION NO. 2002-175 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of Resolutions 2000-068 and 2002-175. 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. 99-04, San Miguel Ranch Planning Area "D", 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 agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Director of Engineering City Attorney J:Attomey\Reso\SSIA\CVT 99-04 Approve THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FOR/M BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: .~ -- 2.-/-- d--~ Approving the Final Map Supplemental Subdivision Improvement Agreement for San Miguel Ranch Planning Area "D" , Chula Vista Tract No. 99-04 RECD~D!NG s:~UESm BY: C_~_~ Clerk WHEN RECORDED Mu~iL TO: CITY OF CHUte VISTA 276 Fourth Avenue Ce,~l=..___ Vista, =.,~ 91910 No 5ransfer max is due as this is a conveyance no a public agency cf less than a fee interest for which no cash consideration has been paid cr received. Dove!oDer }3ore S~ace for Recorder's Use S.'-_\- ~ ~ ..... - M!~U~= ~_~-_%-CH PLP--N~-~iNG ~R~A "D" FINAL MAP SUPPLEMENTAL S~DiViSiON ......... r~,DI%CVU~ENT A~m~-~Ni~_ (Csnditions-z, i0, 12, 40, 57, =~,s,~ 10S, 156, 178, _~79, 187 aha' ~ a' of ' ~ ~-~ A, - -~= Resolution No. 2000-068 ana ~on .... ons S, C, D, u, 4, ' ' ~ R=so.~_~on No. 2002-175) = 8 9, =0, 12 13 ~g aha 16 cz - ~'~ This Supplemental Subdivision improvemenu Agreement ("A{reement"]' is made this day of , 2003, by and between THE CiTY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and Pardee Construction Company, a California Corporation ("Developer" or "Grantor"), wi5h reference ~c 5he facts' set forth below, which recina!s consti5ute a part of this Agreemexn: RECITALS A. This Agreemen5 concerns and affects certain real property !coated in Chula Vista, California, more particularly described cn Attachment "A" attached hereto and incorporated herein ("Property") . The Property commonly known as Planning Area "D" (aka San Migue! Ranch Lot 5, Chu!a Vista Tract 02-08) of San Migue! Ranch is within approved Mas5er Tentative Subdivision Map Chu!a Vlsta Tract 99-04, San Migue! Ranch, Cit5, of Chu!a Vista, Caiifurnia (Resolution No. 2000-0=~ ~ Februerv , 2~. ("Resolution ~!")) and within apurovec m=~-=~ ~ Chula Vists Tract 02-08 ~eso!u~on No. 2002-175 on ..~_ ~2 )) . for purposes of this Agreemenz the zerm ("Resolution ~" __~ct shall also mean "ProDerty". B. Developer and/or Developer's eredecessor in interesn · has applied _or and the City has approved T .... ~-= .... V_s== Tracu 99-04 San Micuei Ma~ commonly referred ~o as Chu!a i ~- _ Ranch ("Mas5er Tentative Subdivision Map"~ for the subdivision cf the Property and adjacent land. C. The City has adopted Resolution No. 2000-068 pursuant to which in has approved the Master Tentative Subdivision Map subject to certain conditions as more parEicular!y described in the Resoiutisx. D. Developer and/or Deve!oeer's ~redecessor in interes% · _~_ nas applied =~ and the City has approved ....... Subdivision Mac ~ ~'- ~ ' ~emmo==_? _~_erred to as San Miguel Ranch Lot 5, Chu!a Vista Tress 02-08 {"Tentative Subdivision Hap") for the subdivision of ~he__op=.~. ~ .... v anc~ adjacens land· ..... ~l=y has adopted Resolution No. 2002-i75 nursuan~ .... - ' Ten~=~ve S~malV!Slon Ma~ subject to ,._~=~ z= nas approved ~he cereals ccndinions as more particularly described in she Resslution. F. ~u= .... City has =SoDu~o_ Resolution No. 2001-z~-~ pursuan5 to which i5 has approved the San Miguel Ranch Phases i, 2, and 4 Suu~=eme~=_ Subdivision improvement Agreemen5 - A Mae ("Prevzous ~_==m~..= ~ which touchea and concerned see Property. G. Cily is willing, on the premises, security, norms and coxii~ions herein con5ained, to approve ~he final mad for which Developer has applied as being in substantial confcrmence wink the Tentative Subdivision Map described in. this Agreement. Developer understands ~han subsequent final maps may be subjec5 to ehe same security terms and conditions contained herein. H. The following defined terms shall have the meaning sen fornh herein, unless otherwise specifically indicated: a. " Developer" means the person, persons or en5isy havinc a legal or ax equitable interest ~ ~he property or par~s thereof and includes Developer's successors-in-interest and assignors cf any properuy within the boundaries of 5he map. This includes Co-Do~at_o~. and any an~ Pardee Consnruction Company, a California ~_ ~ ~ ~ ' al! owners of real property within ~he boundaries of ~he ~c all signatories to this Agreement. Prcperey, -~' b. "Guest Builder" means '_hose en5ities 2 cone'_sing any interest ' ~he P_o~_~ or a __op~_~, _._ final ma~_ has been __~_a_a.~= .... '~' c. "PFFP" by Resolution Resc!ution Nc,. means the Public Facilitiesr.n=nc!n~~ - ' ~ Plan ado~Zed_ No. _~3- on October _~ , _~999, amendes ov 2001-453 and as may be amended from zime ~o time. NOW, T_HE.iEFOiE~ , in exchange ior- the mutual' covenanms, terms anm' conditions herein contained, the par~ies agree as set forzh De,ow. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be ~ ~_ne_._~ upon and inure to the benefit of the successors, assigns and interests of the Dar~ies ~=~_ ~o any or all of ~'~e ~oo~tv as described on A~=cnm=~:~ "A" until-~_~=~=~=~==~ by mu5uai consen5 of 5he parties. For the purposes of ~his _ ___~ Dev~_op~_ shal~ also mean "A~D!icant" b. Agreement Runs with the Land. The burden of 5he covenants ccnsamned in this Ag_==men= ( B~_den ) ~= for -' ~ ' ~--=~ of -~= Property and the Ciny, ' ...... - ~= - ' assicns =~:c any successor in interest 5hereto. City is aeemed beneficiary~f such covenants for and ....... ~ ~t= own ~{~e-~__ and for -~-=~= purposes of proceccing the inceres5 os- the communi5v_ and ocher Darcies public or privace, in whose favor and for whose benefit cf such covenants ~un~g wick the land nave been provided wichout regard ~o whether City has been, remained er are --n~ if o~.=_~ cf any marticu!ar land or ' ~ ~ ~ covenants are breached, she City shall have all rights and =~ = ' rem_e_e~ and to maintain any actions or suits az law ~ ~ equity or cuber eroDer proceedings no enforce -~- curinc of such breach to which it or any other beneficiaries cf 5R~= agreemenz and =h~ covenants may be e~tl=d c. Developer Release on Guest Builder Assignments. if Developer assigns any portion of the Projec5 to a Guest Builder, Developer may request to be released from Developer's obligations under t~= ~'-~ ' .... =.=_eemenu, ~nat are expressly assumed bv nhe eu=~= .... ~ ~= .... ~ ' D~ve_oo~_ obtains the D~o~ writhes ~n ~ of ~t~ ~c such release. Such assicnment to the Guess Builder shall, however, be subject to this Agreement and she Burden of nhis Agreemen~ shall re'main a covenantr=n~.zng" -' wish she land. The ~.~y not withhold its consent to any such ~=~-~t ~or a _~=_se so long as the assignee asknow!ed~es ~ha~ the Burden of ~he Agreemene runs with the land, assumes ~he~obligations ef the Developer under this Agreement, and demonstrates~ to the satisfaction of the Cisy, its ability to perform its obligations uns~_ this Acreement as in relates to the Dortion of ehe Project 3 d. Partial Release of Developer's Assignees. if De~ezoDe_ assigns anv~ ~ortion_ of the Pro~ect~ subject ~o the Burden of _ _ - -~S assignee, ~he Agreement, uoon recuest by the Developer or ~ .... ~'~== of ~his Agreement C~i shall .... ~=~=~=se the assignee of the m ..... _ ~ comp_~ Wlt~ ~e as ~o such assigned portion ~f such portion has ~=~ recuiremenss of this Acreement to the -~== _ _ s=_~ac~_on of the City and such_uareial release will nc~, in the opinion of the ~-=l~ ~, jeopardize she likelihood than uhe remainder of the Burden will not be compie5ed. e. Release of Individual Lots. Upon the occurrence of any of uhe following evenss, Developer shall, upon receipt of the prior writuen consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: ~. The execu5ion of a eurchase agreemen5 for the sale of a residexnia! lot to a buyer of an individual housing unit; ii. The conveyance of a !ce to a Homeowner's Association; ,--. The conveyance of a school site as _a .... ii_em _n ~he ~_~ Plax 5o a school district; 'The City shall not withheld its consent no such release so long as zee City finds zn gooa zamnn ~_~= such re±ease will not jeopardize the City's assurance that 5he ob!iga5ions set foruh i.n this Agreemen5 will be performed. AZ the request of 5he Developer, eke City Manager (er Manager's designee) shall execu5e an ins~rumex~ drafted by Developer in a recordable form acceDtab!e =~ the ' ~nag=r _ designee), wnzcn - _~ City ...... .3r Manacer's ' ' ' confirms the release of such lot or parcel from the encumbrance of zhis Agreement. Notwithstanding the f~= ' -~ .... going, ~_ the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel skal! be au5omatica!!y released from the encumbrance hereof. 3. Condition No. 1 of Resolution No. 2000-068 - (General Preliminary) 2n satisfaction of Condition No. ! of Resolution No. 2000-068 The Developer shall com_~!y with all requirements and guidelines cf the San Migue! Ranch SPA Plan, Planned Community (PC) Districe Regulations, Design Guidelines, Public Facilities Financing Plan, Affordable Housing Plan, Air Quality improvement Plan and Water Consercation Plan, as may be amended from time to time, unless specifically modified by the appropriate department head, with the approval of the Cisy Manager. These plans may be subject to r. inor modifications by the appropriate department J:kEx~ineer~Al~DPE" Projects\San Mi_~e! Ranch'\Neigbissrhood D\~PA-2- SSIA2.doc heal, with -¼e aDDrcvai of +m= .... City_ Manager, ..~.~.,~' .... =~ any maseria! modifications shall be subject no approval by the City Council. 4. Condition No. 10 of Resolution No. 2000-068 - (General Preliminary) 2n satisfac5ion of Condition No. !0 of Resciution No. 20~;~-068~ .... --~= Developer_ agrees ~hat _~_~ = any of ~%e.. %erms, o,=~.ants conditions contained herein shall fail 5o occur or if 5hey' are, by their terms, to be implemented and maintained ever 5ime, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the ..... = to revoke or modify all approvals nerezn granted including issuance of building permits, a~ny, or further condi5ion the subsequent approvals that are derived from the approvals herein granted, ins%itute and prosecute litiga5ion to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance Drier to a.-.y of the above actions being taken by <n= City and shall be civen the opportunity to remedy any deficiencies iden5ified bv uhe City within a reasonable and diligent time 5. Condition No. 12 of Resolution No. 2000-068 (General Preliminarlz) in satisfacnion of Condition No. 12 of Resolution No. 2000-068, zlne Deveiooer agrees that the Developer shall indemnify, protect, defend and hold the City harmless from and ......... l~S{~c agains~ any and all c£aLms, !~ao~!~tmes and costs, mnc_u~..~ a~torney's fees,~-~=~.__~_~_ from challenges to the ~_~==onme~.~a_m~"~ ~- ~ imnacn Repcrn for the Project and any cr all entin!ements and approvals issued by the City ~ connection with the Project. 6. Condition No. 40 of Resolution No. 2000-068 (A3A Standards). in satisfacnion of Condition No. 40 of Resolution Nc. 2000-06£ nhe Developer agrees that in nhe event the Federal Government aaoDt s "Americans ~ ~ ___ ' w_~ Disabilities Act" ("A/DA") standards for stree5 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. 7. Condition No. 57 of Resolution No. 2000-068 - (Sewer and Water) . !x partial satisfaction of Condition No. 57, ~he Developer shall guaran5ee prior uo ~__= release of bonds Eot s~reet ' -F~'~ ~nglnee~ -oi -Work has clearly identified all sewer (S) and water {W) lateral locations prior ~o the construc5ion of curbs so that the curb face can be stamped wi~h an "S" and "W", for the sewer and water laterals, respective±}, and the Developer shall propagate ail curb face markings ir order ~o assure that the locations of the said utilities =~= identifiable 5 8. Condition No. 103 of Resolution No. 2000-068 - (DG Walkways free from obstacles). In Dart±al satisfaction cf Condition No. 103 of Resolution No. 2000-068, tee De~,=±oo=r he_=~, ack,ow!edges and agrees that there shall be no vertical obstacles or any obsnructions such as public utility vaults, boxes, etc. placed within the decomposed granite (D. G.) wa!kways within nhe Pre!eot. in the event of any such obstruction placed within £he wa!~ways5 Developer agrees to immediately remove such obstructions, upon reques5 of the Ci5y. 9. Condition No. 109 of Resolution No. 2000-068 - (Open Space Walls). In partial satisfaction of Condition Nc. 109, the Deve!oDer ~=~s that walls which are _echoed within the eden space maintenance district shall have owners of adjoining lots s~c~ a statement when purchasing their homes that they are aware that the wall is on Open Space properEy and that they may non modify or supplement the wall or encroach onto O~en Space property. Developer further agrees that these restr±c~ions shall also be reflected zn ~..= CC&R's for each lot, and a copy of said ' ' ~ _ for . resYrzctmons shall be provided to ~.= Ci5v its aDDreva! 10. Condition No. 156 of Resolution No. 2000-068 _ C~.~= u_Orl NO. (Landscaping Plan) . in Dare±al sanisfacnion of ~ '~ 156, the DeveioDer_ agrees to _provide a landscaping p_~]-~ prior ~o t~= first building permit showin~ ~hat all =~ ~ = fami!v ~=~: '= ~] ~ ..... design=d ~o accommoaate a B ~*i' x 5 ~' .... a_nE .... ~s have b ..... ' (30.25 sq. --n. ) tree planting area winhin the street eree easement clear of utility lines, boxes, and similar obstructions. !1. Condition No. 178 of Resolution No. 2000-068 - (Noise Levels) in Dart±a! satisfaction cf Condition No. 178 cf Ross!ut±on~.~ 2000-0~,~ the Developer shall d=s~gn .... =,"' dwelling units to '' ' ~ ores±nee ~n~=_~or noise levels over 45 dBA and shield all =" ~ ~ ' limit noise exposure to 65 _x~er_c_ private open space dBA. 12. Condition No. 179 of Resolution No. 2000-068, Condition No. ! and 2 of Resolution No. 2002-175 (National Pollutant Discharge Elimination System). In partial satisfaction cf Coxiition No. 179 of Resolution No. 2000-068 and Condition No. ! ~-z ~ of Resc_utzon No. 2002-175, %he Developer shall comely wz~h nhe _olzov..z~.c: A) incorporate in the project design water qua!i%y and wa5ershed pronection principal and all post cons5ruction Best Management Practices (BMPs) selected for the projec5, in compliance with the NPDES Permit 6 J:',Er_~zneer\~-2:zE£-,- _mrojecus\San Miguel RanshkNeigbl~srhoofl i PA-D SSiA2.doc B) Comply with all applicable regulations esmak!ished by the ~ued States Environmental Prc%ection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and s5orm water ~!scharge, the Clean Wa=e_ Act, and any regu!auions adop=ea by the City of Chula Vista, pursuant to the NPDES reguianions or requirements. Further, the Developer shall file a -- ~= ~_.e State Water Resources Con~ro± No~i~ of !nten5 with ~ ~ ' Board to obtain coverage under the NPDES General Permin for Storm Water Discharges Associated with Construction Ac~=,!ty 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 connro! measures. The developer shall comply with all the provisions of uhe NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough g~= .... ~, construction of sureet an~ landscaping improvements, and construcuion of dwelling units. C) Agrees not to protest the formation of a facilities benefit distric5 or any other funding mechanism approved by tko City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to non protest shall non be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addiuion of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the ennire land contained within the Project. D) Demonstrate to the satisfaction of the Director of Engineering compliance with all of the applicable provisions of the Storm Water Management and Discharge Conurol Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Prcjec~ Storm Water Management Standard Requirements Manual (approved by Council Resolution# 2002-475), inciuiing the City of Chu!a Vista Standard Urban Storm Water Mitigation Plan {SUSM?). The Developer shall incorporate into'the project planning and design effec5ive permanent BMP's to the to the Maximum Extent Praculcab!e (MEP), and provide all necessary suudies and reports demonstrating compliance with the applicable regulations and standards. E) insure the implementation of post construction BMP's 7 F) indemnify, and hold harmless the~-~y, _ir=-- elected and appoinued officers and employees, from and againsu all fines, costs, and exuenses arising out of non- compliance with the reT~irements of the NPDES ....~e~-_=._ons,~-=i in connection ~z~h"~ the execution of any plans, studies,=nm- ~ construction and/orgr=c~_~ ~ work rc~ the Project, whether the non-compliance results from any ~act~cn by the Developer, any ~n~ or ' ag .... employee, consultants, subcontractors, or oshers. The Developer's indem~nification shall include any and all costs, expenses, attorney's fees and liability incurred by the C!~y. G) Comply with Regional Wa5er Qua!i%y Control Board Municipal Permit 2001-01, include recuiremenes for compliance with non-structural permanent BMP's, Provide for long-term maintenance of structural BMP's, Provide for long-term maintenance of strucEura! BMP's, and Re~aire future 5enants or owners ~o comply wi5h said requirements. n~ _.~= Developer shall be resDonszs~e for obsaining ~= approval of the maintenance program from all a~m!icab!e ==d=~ and sea~e ~ ~ = agone_e_. =~ Provide for %he main5enance of all _nrouosed_ drainace_ and waeer quality treatmen5 faci!i5ies, until the !attar ..... m=~n=enance of such facilities assumed sv Comm~natv Facility Districs or HOA. ~, __~¥_~ securzty, sat!slactory_ 5o the Czuv_ __.gln~_,~n _~ ...... e .... _ the uerformance of ne= aforementioned maintenance cbiig~tions. K).-.~- such tim=- ~ as _recu~=.d. __~ by 5he City Engineer for =¼~==.= Project, the Developer_ shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMP's. The mainsenance program shall include, bus not be limited to: !) a manual describing she main5enance activities cf ~ald facilities, 2) an estimate of the cost of such maintenance schedule and~_v_~_~s,~'i ~i= and 3) a_~"~nd~nc' _ mechanism for financing the mainuenance program. In addiuion, she Developer shall enter into a Mainzenance Agreement with the City to ensure the maintenance and operation of said facilities. 8 13. Condition No. 187 of Resolution No. 2000-068 (Withhold Building Permits). In partial satisfaction of Condition No. i87 of Resolution No. 2000-068 the =7 ~ , Dev~ope_ acknowledges that ~h=~ City may wi:hhold building permits for any of the phases cf deve!oDmenT_ identified in the Public F=czl~zes _w~_~=~..~_n~a Plan (PFP?) if the required public facilities, as identified in :he PFFP or as amended or otherwise conditioned, have not been com~z_~ea constructed to the satisfaction of t~= Director of Planning and Suilding. 14. Condition No. 194 of Resolution No. 2000-068 and Condition il of Resolution No.2002-175 (Withhold Building Permits). in partial satisfaction of Condition No. 194 of Resolution No. 2000-068 and Condition !! of Resolution No.2002- !75, the Developer acknowledges and agrees that issuance of any building hermit for this project is contingent upon satisfaction of all applicable requirements of the San Miguel Ranch Affordable Housing Agreement (approved by City Council on Augus5 7, 2001 by =~2 Council Resolution 2001-258) Dy the Master Developer NNP Trimark Pacific Homes ~o the sauisfaction of the Direcsor of the Community Development Department. 15. Condition "A" of Resolution No. 2002-175 (General Preliminary). in par5ial satisfaction cf Condiuion "A" of Resc£u5~on Kc. 2002-175, the Developer, or their successors ~=~ ~ ' '- ' ~ ~,~h ~ne ....... s~, sxa,l ~mprove the Proiect Sine "~ ~' Project as ae .... ned ~- ~he ' ~ " Tennatzve Subdivision =.~ _.. San Miguel Ranch LoT 5 Map, Chula Vzs5a Tract No. 02-08, except as modified by ~" Resolution. 16. Condition "B" of Resolution No. 2002-175 - (Mitigation -. ' ~ ' ' Co~!E!O.= of Measures). ~n partial satzszac~zon of '' ' ~ "B" Resolution'-:,s. 2002-!75, the Deve!ouer~ shall ~=l~ge__~_y~ ' ~ imeiement, cr cause the implementation of all mitigation measures p .... ........ ~ng Ts the Project identified __.~ the Final Subsecuent_ Environmental impact Report for San Migue! Ranch (=S_=R 97-02) Am_y such measures pertaining to the project, not satisfied by a sp=~=,_c co ..... .... =zon' of this Resolution or by Project design shaii__ be imp!ementei to the satisfaction of the Director of Planning and Building. Mitiga5ion Measures shall be monitored via 5he Mitigation Monitoring Program approved in conjunction with the adore _S~I.~. Hsdification of the sequence of mitigation shal~ be at 5he discreiion of the Director of Planning and Building should ~-~C~ in ~ ~.~.. -s ~!.e circumsmances warran~ such revision. 17. Condition "C" of Resolution No. 2002-175 (General Preliminary). In partial satisfaction of Condition "C" of Resolution Nc. 2002-175, the Developer shall comply with all applicable conditions of approval of the San Miguel Ranch Master Tentative Ma~, Chute Vista Tract 99-04, established by Resolution 9 No. 2000-~c: and aDerovee by_ Council on .... r=R~.-~-~u~ zx,~- 2000, s= suc- pertain lO the DrolecE ate _~=11 remain in com~azanoe wzmn - ~ ~_s_ons of zhe Amended ~n~ imp!emexc the terms, conditions and ..... ~ ~ Hcrseshoe Bend General Development Plan, San Miguei Ranch SecZiona! Planning Area (SPA) plan. 18. Condition ~D" of Resolution No. 2002-175 - (General Preliminary). in partial satisfaction of Condition "D" of Resolution Nc. 2002-175, the Developer shall insna!! Public facilities, as such per5ain to the projec%, in accordance wi~h the San Migue! Ranch Public Facilities Financing Plan, as may be amended from nime to time, or as required by the City Engineer to mees the Grcw5h Management threshold standards adop5ed by the Ci5y of Chuia Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvemen5 construction should conditions change to warrant such modifications. 19. Condition "E" of Resolution No. 2002-175 (General Preliminary). I~ partial satisfaction of Condition "E" of Resolution Kc. 2002-!75, the Developer shall develop the Project in accordance with the applicable San Miguel Ranch Planned Comr. unity District Regulations and Design Guidelines. 20. Condition No. 4 of Resolution No. 2002-175 ~ (Water). r~ -.=~tial satisfaction of Condition No=~ of Resolution No. 20~2-!75, nhe Developer shall toe insna!l privately owned water, reclaimed waner, or other utilities crossing any public sEree5. The installation of sleeves for fu5ure construction of privately owned facilinies may be allowed sub~ecu~ ~o the review and a=~om~._sh_=. a~_o~=~ cf ~he City E~c~neer a. The Developer enters into an agreement with the Ci5y ~..=_~ the developer agrees to the following: Apply for an encroachmen5 permit for insua!lation of the private facili5ies within 5he public right-of-way; and, Maintain membership in an advance no5ice such as the USA Dig Alert Service; and, Mark ouE any private facilities owned by the developer whenever work is performed in the area; and, The uerms of this agreemen5 shall be binding upon the successors and assigns of the developer. Shu5off devices as determined ..... ded at those toca5ions uraverse public streets. b!, 5he City Engineer are wn~e priva5e facilities 10 21. Condition No. 5 of Resolution No. 2002-175 (Water Conservation Plan). in ~ar~ia! satisfaction of Condition Nc. 5 of Resolution No. 2002-175, the Developer shall comply with all requirements, as such pertain to the project, of the San Miguei Ranch Water Conservation Plan approved on October 19, 1999, and any subsequent amendments approved by the City Counsil. 22. Condition No. 8 of Resolution No. 2002-175 - (Open Space/Assessments). in partial sacisfacnion of Condition No. 8 of Rose!union No. 2002-175, the Developer agrees that all dwelling units shall be designed to preclude innerior noise levels over 45 dBA and exterior noise levels over 65 dBA for al! outside private yard areas. 23. Condition No. 9 of Resolution No. 2002-175 (Open Space/Assessments). In partial satisfaction of Condition No. 9 of Resolution No. 2002-175, prior to the City's acceptance of public improvements of any portion of the project, ~he Develoner shall ins~a!! or cause ~o be installed, the landscape planting and irrigation, and neighborhood wall and fencing improvements for Open Space Lots (letter !ohs within the Tentative Map) wi5kln the Project, to the satisfac5ion cf nhe Director of Park and Building Construction and Director of Planning and Building~ 24. Condition No. 10 of Resolution No. 2002-175 (Building Permits) . in parula_, satisfaction of Condition No. i0 cf Ress!utien Nc. 2002-175, the Developer acknowledges and agrees nha5 approval of the Final Hap and issuance of any building pert. its for chis ProjecE are contingent upon satisfaction of all app~icab!e conditions of the San Higuel Ranch Master Tentative MaD CVT ~c_ , - - _ ~ 0--, and the San Miguel Ranch Phase ~, II, ant iV Final Map Supp!emexta! Subdivision imprcvemenu Agreement approved by ~!~, Count!l Resolution 2001-259 on 8/7/01. 25. Condition No. 12 of Resolution No. 2002-175 - (SR-125 Agreement). in partial satisfaction of Condition No. 12 of Resciution Nc. 2002-175, the Developer acknowledges and agrees than pursuanE to the San Miguel Ranch Project's Masher Tentative Map, Chu!a Vista Tract 99-0{ approved February 29, 2000 and amended December 17, 2001, the San Miguei Ranch Master Planned Community Project is limited to construction within the areas ease of SR-!25 only (Phase areas !, II and/or IV as sen forth in =n~ Facilities the adop5ed San Migue! Ranch SPA Plan - ~ Public Fi~=~c~nc Plan.) of not more ~han 892 EDUs prior to the censErucnion of SR-125 or as amended pursuant to PCM 03-16 / PCS 99-04 Condi5ion #5 Amendment. The EDU's shall be calculated per the methodology stated in the "East H Street Pocus Capacity Analysis 1999-2005" study prepared by Wil!dan Associates, dated June 8, !999. This Project site is a portion of Phase I of the San Migue! Ranch Projec5. 1! 26. Condition No. 13 of Resolution No. 2002-175 (Project _.. Conalt~on No of Phasing). 7n partial satisfaction of '' ~ . 13 Resolution No. 2002-175, the Developer, if phasing is proposed within an individual map, or through mu!tiD!e final maps, shall suom!t and obtain aDnroval for a -~ =~ ~ - · ' ' ._ a_v__opm~n~ phasing plan by the Dl_~=o_ of Planning and Building prior to City Engineer and ' '~=~ ~ _ approval ef the first final map. The phasing plan shall include: A plan showing the phase lines and phase numbers and num~er of dwelling units required in each phase; A %able showing the phase number and number of dwelling units included in each phase. improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the dity Engineer and Director of Planning and Building. The City reserves £he right 5o conditionally approve each final map and require improvements, facilities and/or dedications as necessary ~o erovide adequate circulation, and no meet the requirements ci police and fire departments. The City Engineer and Planning and Building Director may at ~heir discretion, modify the sequence of improvemen~ construction should conditions change to warrant such revision{s). 27. Condition No. Permits). in Darniai Resolution ~-~ m~. 2002-175, 14 of Resolution No. 2002-175 - (Building satisfaction of Condition No. 14 of the Developer agrees ~o the~o_±owzng: = ~' ' Tha% the' City may withhold building permits for 5he Project if any one of the following occur: Regional developmenn threshold limits set by a Chu!a Vista transportation phasing plan, as amended from time to time, have been reached or in order 5o have the Project comply with the Growth Management Program, as may be amended from time to time. Traffic volumes, levels cf service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Grow%h Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The re_quired public facilities, as identified in the PFFP or as amended or otherwise conditioned 12 J:kEn~ineer~I~Al.~EV' Projec'~s\,San Mz?ae! Ranck'\Neigblm~rhood DkPA-D- SSiA2.doc have nc5 been com~!eted cr constructed to fhe satisfacnion of nhe City. The developer may propose changes in the ~iming 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 Direcnor. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Paci!inies Financing Plan (PFFP) for the San Migue! Ranch SPA if the required public facilities, as identified in the PFPP have non been completed. 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 its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuann to Section ==499.37 cf the Stame Map Act provz~ea nne City promptly nc5ifies the Developer of any claim, action sr proceeding and on the further condition that the Sity fully cooperates in the defense. Permin all cable television companies franchised by 5he City of Chula Vista equal opportunity no place ronduit and provide cable television se~¢ice for each lot or unit within the Tentauive Map' area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chuia Vista, ccnditiona! access ~o cable telev==_on conduit within nhe properties situated within the final map only to 5hose cable television companies franchised by the City of Chuia Vista, uhe condition of such grant being that: Such access is coordinated with Developer's cons5ruction schedule so that it does not delay or impede Developer's construcnion schedule and dues not require the nrenches be reopened to accommoda5e the placement cf such conduits; and Any such cable company is and remains in compliance with, an.d promises to remain in compliance with the terms and conditions of the franchise and with all other rules, 13 J:~En~Lneer\LAL~DEE'J -~rojects\San Mi?ae! Ranch~Neigb~rhood D,,PA-D- SSIA2.doc reguiatiens, ordinances and procedures regulating and affecting ~he opera,ion of cable ~e!evision companies as same may have been, or may from time ~o time be, issued by the City ef Chula Vista. _ V_su~ the au~norily Developer hereby conveys to the City of Chu!a - ~ ~ ' ' uo enforce said covenant by such remedies as the Cisy determines a~ro~riate, including revocation o-~ said c~a~t upon me~ermlna~zcn by the City of Chu!a the conditions of grant. That the City may withhold ~he issuance of building permits for the Projecn, 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 nhe Developer of notice of such determination and allow nhe Developer reasonable time lo cure said breach Hold the City harmless from ax}, !iabi!iuy for erosion, siltation or increase flow of drainage resulting from this Project. 28. Condition No. 16 of Resolution No. 2002-175 - (Fire Department). in partial satisfaction cf Condition No. 16 cf Resolution No. 2002-i75, 5he Developer shall comply~-~_~ the ~= Department's codes and ~olicies fcr P~e ~ ~ ~ _ ___ _~even~o.~, as may be amended from time to time. The Devezc~er shall provide =he following items either prior nc the issuance of building permit(s) for the Project, or prior to -='~ r c~_ve_y of combustible materials on any construction =~e on nhe Projec5, whichever occurs earlier: Water supply consisting of fire hydrants as approved and indicated by the Fire Departmenm during plan check to nhe samisfacuion of the Fire Department. ~y ~em~orary water supply source is subject ~o prior approval by the Fire Marshal. Emergency vehicle access consisting of a minimum first layer of hard aspha!n surface or concrene surface, with a minimum standard width of 20 feet. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject tc the approval of the 14 J: ~n~ineer\L~l~DDEY,Projects~San Miguel Ranch'\Neighborhood D~PA-2~ SSiA2.doc Department of Public Works and Fire Departmenu. Locauions and idenuification of temporary sureen signs shall be subject to review ~nd approval by the Department of Public Works and Fire Department. 29. Satisfaction of Conditions. City agrees that 5he execution of ~his Agreement constitutes satisfaction or partial satisfaction of Developer's ob!igauion of Condition Nos. 1, !0, 12, 40, 57, 103, 109, 156, 178, 179, 187 and 194 of P. eso!ution No. 2000-065 and Conditions A, B, C, D, E, 4, 5, 8, 9, !0, 12, z3, 14, aha 16 of Resolution No. 2002-_7~. Developer further understands and agTees 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 appropriane. 30. Previous Agreement. it is the intent of uhe pa~ties that the San Miguel Ranch Planning Area "D" Supplemental Subdivision improvement Agreemenu - with Pardee Construction Company, a California Corporation shall not supersede uhe Previous Acreement. The terms and condiuions of uhe Previous Agreement remsin in full force and effect concerning the Project. 31. Design Review Compliance. Deve!6per agrees ~o comply wiuh all uerms and condiuions of D==~ 02-17 o=~.~-~ Migue! Kanch Lo~_ 5 D~_i n Review Conditions of Approval dated July 2, 2002 32. Recording. This Agreement, or an abstrac5 hereof shall be recorded simultaneously with the recorda5ion of 5he Final Map. 33. Building Permits. Developer and Gues5 Builders acknowledge and agree 5hat the City may wiuhho!d the issuance of building ~ermits_ for ~he Project,- should the Developer be determined ky the City ~o be in breach of any of the terms of this Agreemex5. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 34. Assignablity. Upon request of the developer,, any or all on-site duties and obligations see forth herein may be assigned to developer's successor in interest if the City manager in his/her sc!e discresion determines that such an assignment will not adverselv affect the City's inSerest. The City Manager in his/her =~= discreti'on may, zi such assignment is requested, _D=~m~ ..... a subs5itution of securities by the successor in interest in place=~c--' stead of the original securities described herein so long as such substituted securities meen the criteria for security as sen forth elsewhere in this agreement. Such assignment will be ~in a form approved by the City Attorney. 15 35. Implement Previously Adopted Conditions of Approval Pertinent to Project. The Proiec~ shall comply, remain in compliance, and imp!emen5 the terms, conditions, and u, rovisioxs, ~ ~ anDlicable ~o the Property which is the as City det=_m_nes are _~ sub4ect matter of this Agreemen~ of ~ San Micue! Ranch Tentative Tract Map (CVT 99-04), p~ev~ou__v~ ~ '=~' approved by Cdev. Council Rose!union No. 2000-068 on February 29, 2000 and 2) San Migue! Ranch Phase i, ii, and iV Final Map Supplemensai Subdivision improvement Agreemenn, which was approved by Resc!ution Nc. 200!-259 on August 7, 2001. 36. Miscellaneous. a. Notices. Unless otherwise prov!~e~ ~n un!s Agreement or by law, any and all nouices required or permitted by =h_s Agreemen% or by law to be served on cr delivered to '~' eluner paruy 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 deposic in the U.S. mail, certified or registered mail, return receipt requessed, first-class postage prepaid, addressed to the address ~'' -=~s __. =~=elc~==~ {~ this Agreement. A Daruv may change such address for 5he purpose of this paragraph ~y giving wrinnen notice of such change uo the other parey. CITY OF CHULA VISTA 276 Fourth Avenue Chu!a Vista, CA. 91910 Attx: Director of Public Works Developer: PARDEE CONSTRUCTION COMPA2CY, A CALiFO~N!A CORPOP=ATiON Attn: John Arvin 12626 High Bluff Drive, Suite !00 San Diego, CA 92130 A party may change such address for the purpose of this paragraph by giving written notice of such change to uhe other par5y in the manner provided in this paragraph. b. Captions. Captions in this Agreemenn are inserted for convenience of reference and do not '=~. = c~~_n~, describe or limit the scope or intent of nhis Agreement or any of its eerms. c. Entire Agreement. This Agreement contains the entire agreemen~ between the parties recardinc 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 agreemen5 between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or uresumDuicx shall be drawn from the fac% that a par5y or his 16 anzcrney ~_~_ea conc£us!ve±v presumea ~nat bosh parties ~%-~..= pre~aranion and/or drafsi.ng 5his Agreemenn. e. Recitals; Attacb-raents. above and An5achments hereto are 5his Agreemens. f. Attorneys' Fees. iisigation for the judicial enfcrcement or rescission hereof, incorporated by reference into If einher par~y commences interpretation, reformation, ~he prevailing par5y will be en%i5led to a judgment against the other for an amounn equal nc reasonable annorney's fees and cour~ costs incurred. The "prevailing party" shall be deemed to be the party who is awarded subsnantia!iy the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 17 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SD-BDIVISiON !MPROVEMEA~T AGREEMENT FOR SAN MIGUEL P~A/~CH PLA/qlqING kREA '~D" FINAL MAP] i,=zNESS I~,xmRmOF, the earties he'eEo hai~e caused this Agreemen5 to be execu%ei the day and year first hereinabove sen forth. CiTY OF CHUL~ VISTA Steuben Padi!ia Mayor AE5est: Susan Bige!sw City Clerk Ann Moore Cisv At tome!- 18 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLA-N-NING AREA "D" FINAL MAP] D~V_~O~ER~/OW~RS PARDEE CONSTRUCTION COMPkNY, A CAlIFORNiA CORPORATION Attn: John Arvin 12626 High Bluff Drive, Suiue !00 San Diego, CA 92130 19 ATTACHMENT "A" LEGAL DESCRIPTION OF PROPERTY ~ .... TO iS ~ ~ IN ~ LA_ND ~.m:mRRsD HEREIN SITUAzmD .... STATE OF CALiFORINA, TOUNTY OF SA~ DIEGO, A_ND iS DESCREIBED AS FOLLOWS: LOT 5 OF CH~JLA VISTA TRACT NO. 99-04, SA~ MiGUEL ~NCH PHASES 1,2 & 4 "A" ~iP NO.t IN THE COUNTY OF SA~ DIEGO, STATE OF CALIFORNIA, ACCORDING TO ~AP THEREOF NO. 14261, FILED iN THE OFFICE OF THE COL~TY RECORDER OF S~N DIEGO COUNTY, AUGUST 21, 2001. STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } } SS On May 5, 2003 , before me, Jennifer L. Pitts the undersigned Notary Public, personally appeared: Beth Fischer and Greeorv P. Sorich Oersnnally known to me (or proved to mc on thc basis of satisfaetory cvidcnec) to be the person(s) whose name(s) is~ubscribed to the within instrument and acknowledged to · ~.a.t he/~executed the same in hisPae~authorized capacity(les), and that by~:~:!~:~lgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. V~IT? my hand and official seal. 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 FOR RECORDER'S USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 02-08 SAN MIGUEL LOT 5 Map No SAN MIGUEL RANCH, SAN MIGUEL RANCH PLANNING AREA "D" (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of ,2003, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and PARDEE HOMES, a California corporation, formerly known as Pardee Construction Company ("Guest Builder"). RECITALS A. This Agreement concerns and affects certain improvements within portions o fthe real property located in Chula Vista, California, mom particularly described in Exhibit "A'' attached hereto and incorporated herein ("Property"). The Property is part ora planned residential development project commonly known as "San Miguel 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 [united to the "Property." -1- 065550-0003 42208.2 B. Guest Builder is one of the "Guest Builders" as defined in that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL RANCH MASTER ASSOCIATION, a California Nonprofit Mutual Bene fit Corporation CMHOA") m rna'retain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particular project(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. C. The Property is or will become covered by the f'mal map (the "Final Map") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for Guest Builder to obtain the Final Map and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and Guest Builder entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which Guest Builder agreed that maintenance of such areas shall be accomplished by the creation ora home owners association. Exhibit "B" attached hereto describes those particular areas which were dedicated to the public on the Final Map but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be ma'mtained by the MHOA are collectively referred to as the "Master Homeowners Association (MHOA) Slope and Parking Maintenance Areas." E. The City desires to grant to Guest Builder easements for landscape maintenance purposes upon, over and across the Master Homeowners Association (MHOA) Slope and Parking Maintenance Areas as shown on Exhibit "B" in order to facilitate the obligations of Quest Builder as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant 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 Guest Builder and its agents, successors and assigns, the following easements over the MHOA Slope and Parking Maintenance Areas: Non- exclusive easements and rights-of-way over and across those public rights of way described on Exhibit "B" for the purpose of maintaining, repah'ing and replacing the following: the landscaping within portions of parkways and the curb filter inserts as shown and described on Exhibit "B" attached hereto. These grants are made without anywarranties ofanykind, express or implied, other than the warranty stated in Paragraph 13(0 below. 2. Maintenance Responsibilities. (a) Guest Builder to Initially Maintain. Guest Builder 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 Master Homeowners Association (MHOA) -2- 065550-0003 42208.3 Slope and Parking Maintenance 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 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 the City. (b) Transfer to MHOA. Upon Guest Builder's transfer of maintenance obligations to the MHOA, (1) 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, Guest Builder 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, Guest Builder does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assignment bv Guest Builder and Release of Guest Builder (a) Assignment. Upon Guest Builder'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 Guest Builder from its obligations only if all of the following occur: (i) MHOA Accepts Obligation. The MHOA has unconditionally accepted and assumed all of Guest Builder'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 Guest Builder 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. -3- 065550-0003 42208.2 (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)" 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 o fGuest Builder's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5. I (a) of the Master Declaration which reads as follows: "(a) General 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 or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage ar/sing out of a single occurrence. The insurer issuing such insurance shall have rating byA.M. Best of"A, Class V" orbetterwith no modified occurrences 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: (1) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the Ci~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 065550-0003 42208.2 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. (b) Release. When ail conditions precedent in Paragraph 3(a) are fulfilled, Guest Builder shall be released from its obligations under this Agreement, including its security and insurance requirements. Guest Builder 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, Guest Builder shall give a notice to the City o fGuest Builders intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assignment by MHOA and Release of MItOA. (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 fi.om its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionaily accepted and assumed all of the IvlHOA's obligations under this Agreement in writing, such assignment provides that the burden o f this Agreement mains a co venant 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 confinn 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 liabilityinsurance 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 -5- 065550-0003 42208.2 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). 5. Guest Builder's Insurance. Until such time as the MHOA has obta'med the general liability insurance required by Section 5.1 (a) of the Master Declaration, Guest Builder hereby agrees to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an mount not less than One Million Dollars ($1,000,000) combined single limit, at its sole cost and expense. 6. Indemnity. Guest Builder 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 from Guest Builder's or the Master Association's respective failure to comply with their respective obligations under this Agreement. Neither Guest Builder 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. 7. Indemnity 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 [Transferee's 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 fi-om 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. Agreement Applicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon Guest Builder and any successive Guest Builder owner of the Property. This Agreement shall be bindingupon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA 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 -6- 065550-0003 42208.2 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 fights 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. Governing Law. 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 maybe executed in anynumber of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recording. 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. IfTo City: CITY OF CHLrLA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue ChulaVista, CA 91910 Attn: City Engineer 065550-0003 42208.2 If To Guest Builder: PARDEE HOMES Attention: John E. Lash Pardee Homes 10880 Wilshire Boulevard, Suite 1900 Los Angeles, CA 90024 Co) 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, togetherwith any other written document referred 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, Guest Builder, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) 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 immanent 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. (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 term, covenant or condition to person or circumstance, shall not be affected thereby and each term, 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. -8- 065550-0003 42208.2 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. Attest: CITY OF CHULA VISTA, a municipal corporation By: Mayor Susan Bigelow, City Clerk APPROVED AS TO FORM: By: City Attorney Guest Builder PARDEE HOMES, a California corporation By -9- 065550-0003 42208.2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On /~/,Ct~ ~ ,200_~_, before me, (~b',~iv/~¢ Notar~Public in grid for, said State, personally appeared personally known to me (or proved to mo on the ba£iz of gatiffaotow cvid,.ucu) to be the person(s) whose name(s) is/~subscribed to the within instnmaent and acknowledged to me that hc/she6qh-~yd> executed the same in l-Js&c~uthofized capacity(ies), and that by b2s.&eX~I'fi'~Osignature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ ~ommi~ion # 1 ~58730 z t ..... %TY:_ STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ,200 , before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the emity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) -lO- 065550-0003 42208.2 EXHIBIT "A" Legal Descriotion Those portions of public rights of way located within CITY OF C~-ULA VISTA TRACT NO. 02-0g SAN MIGUEL RANCH LOT 5, located in the City of Chula. Vista, Cotmty of San Diego, State of California, according to Map thereof No. __, filed with the County Recorder of San Diego County, California, on ,20, which are graphically shown on Exhibit "B" attached to thc Grant of Easement and Maintenance Agreement to which this Exhibit "A" is attached 065550-0003 42208.2 EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained 065550.0003 42208.2 EXHIBFT IIBll CHULA VISTA TRACT NO, 02-08 NO SCALE APdA PROC'fOR VALLEY ROAD LEGEND pUBLIC AREAS TO BE pRIVATELY MAINTAINED ~ ~ BIOCLEAN FILTER CURB INSERTS EXHIBIT "C" Maintenance Responsibilities Area Parkways shown on Exhibit HOA Maintenance Landscaping in parkways including irrigation, trimming and pruning of trees, and maintenance and irrigation of tuff areas. Curb filter inserts. City of Chula Vista Maintenance Maintenance of curb, gutter, sidewalks and pavement. 065550-0003 42208.3 RESOLUTION NO. 2003- RESOLUTION APPROVING A GRANT OF EASEMENTS AND MAiNTENANCE AGREEMENT, BETWEEN PARDEE CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION AND CITY, REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES WITHiN THE 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, there is no community facilities district for maintenance within San Miguel Ranch, therefore, the Home Owners Association (HOA) is responsible for all maintenance; and WHEREAS, the agreement also grants non-City crews pemfission to maintain parkways in the public right of way and storm drain inlets equipped with water quality facilities; and 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, between Pardee Construction Company, a California Corporation, regarding maintenance of private open space and facilities within the right of way of Chula Vista Tract No. 99-04, San Miguel Ranch Planning Area "D", 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 agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Director of Engineering J:Attomcy\Reso\Easements\Pardee 5 27 03 City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: Approving aGrant of Easements and Maintenance Agreement between Pardee Construction Company and City, regarding the maintenance of private open space and facilities within the right of way 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 FOR RECORDER'$ USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 02-08 SAN MIGUEL LOT 5 Map No SAN MIGUEL RANCH, SAN MIGUEL RANCH PLANNING AREA "D" (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of ,2003, by and between the CITY OF CHLrLA VISTA, a municipal corporation ("City"), and PARDEE HOMES, a California corporation, formerly known as Pardee Construction Company ("Guest Builder"). RECITALS A. This Agreement concems and affects certain improvements within 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 "San Miguel 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." -1~ 065550-000342208.2 B. Guest Builder is one of the "Guest Builders" as defined in that certain Master Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL RANCH MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed CSHOA") for a particular proj ect(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. C. The Property is or will become covered by the final map (the "Final Map") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for Guest Builder to obtain the Final Map and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and Guest Builder entered into a Supplemental Subdivision Improvement Agreement pmsuant to the City Resolution, in which Guest Builder agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. Exhibit "B" attached hereto describes those particular areas which were dedicated to the public on the Final Map 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 "Master Homeowners Association (MHOA) Slope and Parking Maintenance Areas." E. The City desires to grant to Guest Builder easements for landscape maintenance purposes upon, over and across the Master Homeowners Association (MHOA) Slope and Parking Maintenance Areas as shown on Exhibit "B" in order to facilitate the obligations of Guest Builder as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant 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 Cityhereby grants to Guest Builder and its agents, successors and assigns, the foliowing easements over the MHOA Slope and Parking Maintenance Areas: Non- exclusive easements and rights-of-way over and across those public rights of way described on Exhibit "B" for the purpose of maintaining, repairing and replacing the following: the landscaping within portions of parkways and the curb filter inserts as shown and described on Exhibit "B" attached hereto. These grants are made without anywarranties of any kind, express or implied, other than the warranty stated in Paragraph 13(f) below. 2. Maintenance Responsibilities. (a) Guest Builder to Initially Maintain. Guest Builder 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 Master Homeowners Association (MHOA) -2- 065550-0002 42208.3 Slope and Parking Maintenance 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 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 the City. (b) Transfer to MI-IOA. Upon Guest Builder'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 requiremems of Paragraph 3 below have been satisfied, Guest Builder 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 Maimenance 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 subj eot 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, Guest Builder does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assignment by Guest Builder and Release of Guest Builder (a) Assignment. Upon Guest Builder'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 Guest Builder from its obligations only if all of the following occur: (i) MHOA Accepts Obligation. The MHOA has tmconditionally accepted and assumed all of Guest Builder's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant numing with the land, and the assignee expressly assumes the obligations of Guest Builder under thi~ 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. -3- 065550-0003 42208.2 (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)" 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 Cit?s release of all of Guest Builder'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) General 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 or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating byA.M. Best of"A, Class V" orbetter with no modified occttrrences and as admitted by Best's Insurance Guide. Such insurance shall include, the following additional provisioffs 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 065550-0003 42208.2 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. Co) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, Guest Builder shall be released fi.om its obligations under this Agreement, including its security and insurance requirements. Guest Builder acknowledges that it has a contractual obligation to perform the terms and conditions o fthis Agreement until and unless released by the City fi.om this Agreement. At least sixty (60) days prior to such transfer, Guest Builder shall give a notice to the City o fGuest Builder's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Assignment bv MHOA and Release of MllOA. (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 fi.om its obligations only if all of the following occur: (i) Transferee Accepts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement r~mains 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 Ma'mtain 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. CO) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released fi.om its obligations under this Agreement, including its security and -5- 065550-0003 42208.2 insurance requ'rrements. 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). 5. Guest Builder's Insurance. Until such time as the MHOA has obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, Guest Builder hereby agrees 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 ($1,000,000) combined single limit, at its sole cost and expense. 6. Indemnity. Guest Builder and Master Association, respectively shall indemnify and hold the City, its officers, agents and employees harmless fi.om any liability, cost or expense, including reasonably incurred attorneys' fees, which result fi.om Guest Builder's or the Master Association's respective failure to comply with their respective obligations under this Agreement. Neither Guest Builder nor the Master Association shall have any liability under this Section by reason o f(I) the other party's failure to maintain or (ii) any Transferee's failure to maintain. 7. Indemnity If Transferee. The document whereby the MHOA transfers a Ma'mtenance 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 [Transferee's name] shall indemnify and hold the City, its officers, agents and employees, harmless fi.om any liability, cost or expense, including reasonably incurred attomeys' 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. Agreement Applicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon Guest Builder and any successive Guest Builder owner of the Property. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA 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 -6- 065550~000342208.2 covenants for and in its own fight 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. Governinl~ Law. 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. Recording. 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 o fthis Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue ChulaVista, CA 91910 Attn: City Engineer -7- 065550-0003 42208.2 If To Guest Builder: PARDEE HOMES Attention: John E. Lash Pardee Homes 10880 Wilshire Boulevard, Suite 1900 Los Angeles, CA 90024 (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, together with any other written document referred to herein, embodythe 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, Guest Builder, its agents and employees, shall comply with any and all applicable federal, state and local roles, regulations, ordinances, policies, permits and approvals. (f) 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. (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 term, covenant or condition to person or circumstance, shall not be affected thereby and each term, 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. 065550-0003 42208.2 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. Attest: CITY OF CHULA VISTA, a municipal corporation By: Mayor Susan Bigelow, City Clerk APPROVED AS TO FORM: By: City Attorney Its By Its Guest Builder PARDEE HOMES, a California corporation By 065550-0003 42208.2 · STATE OF CALIFORNIA ) ) $$. COUNTY OF SAN DIEGO ) On b .2003_, before me, Notar2?ublic in/~d for said State, personally appeared personally known to me (or proved to me on the ba£iz of gati~factory cvid,mce) to be the person(s) whose name(s) is/1~subscribed to the within instrument and acknowledged to me that he/s~ executed the same in l'fis,~¢~uthorized capacity(ies), and that by t4~ae~ignature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ,200 , before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) -10- 065550-0003 42208.2 EXHIBIT "A" Legal Description Those portions of public rights of way located within CITY OF CHULA VISTA TRACT NO. 02-08 SAN MIGUEL RANCH LOT 5, loc ~ated in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , filed with the County Recorder of San Diego County, California, on ,20, which are graphically shown on Exhibit "B" attached to the Grant of Easement and Maintenance Agreement to which this Exhibit "A" is attached 065550-0003 42208.2 EX}tlBIT "B" Plats Showing Public Areas To Be Privately Maintained 065550-0003 42208.2 L NO SCALE CORTE CHULA EXHIBIT "B" VISTA TRACT N0.02-08 LA CALLE 5 2 3 CATARINA PROCTOR VALLEY ROAD LEGEND ~ -.~ PUB,,C AREAS To PRIVATELY MAINTAINED BIOCLEAN FILTER CURB INSERTS ?--'70 EXHIBIT "C" Maintenance Responsibilities AF~fl Parkways shown on Exhibit HOA Maintenance Landscaping in parkways including irrigation, trimming and pruning of~ees, and maintenance and irrigation of turf areas. Curb filter inserts. City of Chula Vista Maintenance Maintenance of curb, gutter, sidewalks and pavement. 065550-0003 42208.3 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/27/03 ITEM TITLE: Resolution Approving the Final Map for San Miguel Ranch Planning Area "G", Chula Vista Tract No. 99-04. Accepting on behalf of the City of Chula Vista, the various streets and easc~ments, all as granted on said map, within said subdivision and 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 "G", 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 a Grant of Easements and Maintenance Agreement, between NNP Trimark San Miguel Ranch, LLC and City, regarding maintenance of private open space and facilities and authorizing the Mayor to execute said Agreement SUBMITTED BY: REVIEWED BY: Director of Engineering?d~l/J City Manager (4/Sths Vote: Yes NoX) On February 29, 2000, by Resolution No. 2000-068, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch. On August 7, 2001 by Resolution No. 2001-259, Council approved San Miguel Ranch Phases 1, 2 & 4 "A" Map No. 1. Tonight, City Council will consider the approval of Planning Area "G" final map within Phase 2 of San Miguel Ranch by the developer Trimark Pacific-Ventana, LLC. RECOMMENDATION: That Council adopt the following Resolutions: 1. Approving the Final "B" Map & Subdivision Improvement Agreement for Planning Area G. 2. Approving the Final Map Supplemental Subdivision Improvement Agreement. 3. Approving the Grant of Easements and Maintenance Agreement. B. OARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of Mount Miguel Road, north of Calle La Marina, and west of the existing SDGE major easement, within the area of San Miguel Ranch Phase 2. The "B" map for Planning Area "G" consists of 71 numbered lots (Single Family Detached units) and no lettered lots, totaling a gross area of 16.150 acres (see Exhibit 1). Page 2, Item '~1 Meeting Date 5/27/03 The final map has been reviewed by the Engineering Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all 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-Ventana LLC, as current owner of planning Area G has executed the appropriate Subdivision Improvement Agreement, providing bonds to secure the construction ofonsite facilities within the subdivision and a Supplemental Subdivision Improvement Agreement, which addresses several outstanding conditions of the tentative map. Parks The Master Developer (NNP Trimark San Mignel Ranch, LLC) has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks within San Mignel Ranch Phases 1, 2, & 4 "A" Map No. (Resolution No. 19210). All PAD fees have been paid. Affordable Housine Under the City's Affordable Housing Program and based on a total of 1,394 residential housing traits which are currently allowed to be constructed within San Miguel Ranch, the developer has an obligation to provide 70 affordable units for low income households and 70 affordable units for moderate income households within the project. In order to ensure satisfaction of this obligation, an Affordable Housing Agreement for San Miguel Ranch was executed on August 7, 2001. As.stipulated within the Affordable Housing Agreement, "prior to the approval of the Final Map involving the 892nd dwelling unit for the Project or prior to the issuance of the 360th building permit for the Project, whichever occurs first", the developer must submit a site plan application for Design Review Commission review and approval for a minimum of 48 low income units. At this time, the developer is making progress to the satisfaction of the Community Development Department to comply with this threshold requirement. The Developer is in the process of drafting an initial site plan. Staff is working with the developer to finalize within the next few months a development proposal that meets both the Developers' business plans and the City's housing needs. Grant of Easements and Maintenance A~reement There is no CFD for maintance within San Miguel Ranch, therefore San Miguel Ranch Master Developer NNP Trimark San Miguel Ranch LLC is responsible for all maintenance. The Maintenance Agreement establishes specific obligations and responsibilities of the developer, which will be transferred to the Home Owners Association, regarding the maintenance of private open space and facilities within the right of way. This agreement also grants non-City crews permission to maintain parkways in the public right of way and storm drain inlets equipped with water quality facilities. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed Final Map and agreements. Attachments: Exhibit 1: Plat - San Miguel Ranch Planning Area '~G", Chula Vista Tract 99-04, location map. Exhibit 2: Developer's Disclosure Statement J:\Engineer\LANDDEVXProjects\San Miguel Ranch\Neighborhood G~A113 SanMiguelRanch_G2_LHINES.doc CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA '.'G" o, 14281. LOT 300 600 900 I ' SCALE 1"= 300' HUNSAKER & ASSOCIATES R:\O245\&t.~;p\EXH FM PA C COUNCIL. DW¢£t275]Apr-22-200J:06:59 LOT 'H' I CHULA VISTA ENG PAGE 82183 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election muSt be filed. The following ini'ormahion must b~ disclosed: List the names of all persons having a financial interest in the property that is the subject of thc application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. If any p~son* identified pursuant to (1) above is a corpOration or partnership, ]List the names of ali individuals with a $1000 investment in the business (eorporahon/par~ership) cntity. If any person* identified pursuant to (1) above is a non-profit organization or Irust, list the nmmes of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust, Please identify every person, including any agtmts, employees, consult~ts, or independent contractors yowhave assigned to represent you before the City in this matter. 04/21/2003 15:1~ ~19-$91-517~ CHULA VISTA ENN3 PAGE 03/03 Has any person* associated with this contract had any f'mancial 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 thc financial interest the official** may have in this contlact. Have you made a coniribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No..~_~ If Yes, which Council member7 Have you or any mefiabar of your governing board (i.e. Corpomt~ Board of Direetors/l~xeeutives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes .. No ~. If Yes, which Council member? Have you provided m~re than $300 (or an item of equivalent value) to an official** of'the City of Chuia Vista in the past twelve (12) months? (Th/s includes being a source of income, mon*y to retire a legal debt, gift, loan, c'tc.) Yes .... No .~, If Yes, which official** and what was the nature of item provided? S/~e of Contract~ .applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, f'mn, co-parmer~hlp, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, munictpality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. H:x--HOMEkENGINEERka,.DMI/~CONTRACT~DIS CLOSE. DOC RESOLUTION NO. 2003- RESOLUTION APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA "G", CHULA VISTA TRACT NO. 99-04. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS STREETS AND EASEMENTS, ALL AS GRANTED ON SA1D MAP, WITHIN SAD SUBDIVISION AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDWISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAD AGREEMENT. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 99- 04, San Miguel Ranch Planning Area "G", particularly described as follows: Lot 3 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. Area: 16.150 Acres Numbered Lots: 71 No. of Lots: 71 Lettered Lots: 0 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 following streets: Avenida Caterina, Plaza Paraiso, Corte San Simeon, Avenida Marlina alt as shown on San Miguel Ranch Planning Area "G" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts the easement, sight visibility, tree planting and maintenance, general utility and access easements, all as shown on San Miguel Ranch Planning Area "G" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby vacates on behalf of the City of Chula Vista certain easements recorded August 21, 2001, in lot 3 of Chula Vista tract no 99-04 map 14261 for tree planting and tree maintenance. 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 streets and easements as granted San Miguel Ranch Planning Area "G" within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the 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 May 20, 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 is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Director of Engineering City Attorney J;Attomey\Rcso\S[A\( VT 99-04 G SIA THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /~A~fn Moore City Attorney Dated: .5--' L f - O~ ~ubd±V±s±o~ ~mpro~ement greement ~etween the::C±ty of Chula V±sta and Tr±mark Paclf±c-Ventana, LLC /~/~e~t- ~-~ 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 ,2003, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and TRIMARK PACWIC-VENTANA, LLC, a California limited liability company, 613 West Valley Parkway, Suite 200, Escondido, CA 92025, 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 PLA3NNING AREA G (CVT 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 fmally 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 requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, flee 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 cmmection 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. 01033-01 through 01033-07 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 TWENTY-TWO THOUSAND DOLLARS AND NO CENTS ($1,022,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: I. 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 therefore, 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 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 FIVE HUNDRED ELEVEN THOUSAND DOLLARS AND NO CENTS ($511,000.00) 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 City of Chula Vista simultane~)usly 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 FIVE HUNDRED ELEVEN THOUSAND DOLLARS AND NO CENTS ($511,000.00) 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 TWELVE THOUSAND SEVENTY-FIVE DOLLARS AND NO CENTS ($12,075.00) 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. -3- 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 therefore, 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 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 sam of money sufficient to cover said cost. 12. It is understood arid 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 fi.om owners of such adjacent or downstream properties as a result of the construction of said gubdivision and the public improvements as provided herein. It shall also extend to damages resulting fi.om 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 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 fome and effect for ten (10) years following the acceptance by the City of the improvements. -4- 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees fi.om any claim, action, or proceeding aga'mst 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 Goverm'nent 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 detennines 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. SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT SAN MIGUEL RANCH PLANNING AREA G (CVT 99-04) 1N 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 Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by TRIMARK PACI~IC - VENTANA, LLC, 2§ a California limited liability company ~ By: TPH, LLC, a California limited liability company, Its Member Manager By: Trimark Ventures, Inc., a California Title: Its Vice President City Attorney (Attach Notary Acknowledgment) -6- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of personally appeared ~ersonally know~ to m~ ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ..~~and ~eal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the d~cument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'ritle or Type of Documen,.~.~'~[~'/iI ,~",~'l~/'"-')Irnpr-r Vdz-n m Document Date: ~'~ ~~..fL~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: l~p/,-~,...] (/~. t'"~;~ ~"~_T'~'"' [] Individual Y ~ '~C~ i~ ~Corporate Officer -- ~tle(s): ~ ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ Trustee ~ Guardian or Conse~ator ~ Other: Top ot thumb here Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance Form: Bond Amount: $511,000.00 Improvement Security - Material and Labor: Form: Bond Amount: $511,000.00 Improvement Security - Monuments: Form: Bond Amount: $12,075.00 Securities approved as to form and amount by City Attomey Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:XAttomey\SIA\San Miguel Planning Area G -7- RESOLUTION NO. 2003- RESOLUTION APPROVING THE FINAL MAP SUPPLEMENTAL SUBDiVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "G", 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 to satisfy remaining conditions of Resolutions 2000-068 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. 99-04, San Miguel Ranch Planning Area "G", 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 agreements for and on behalf of the City of Chula Vista. Presented by ~liff Swanson Director of Engineering Approved as to fon'n by City Attorney J:Attorney~Reso\SSIA\reso G2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: .ff-" 2./-gL_,2 San Miguel Ranch Planning Area,G" Final Map Supplemental Subdivision Improvement Agreement between the City of Chula Vista and Trimark Pacific-Ventana, LLC 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 "G" FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 1,10, 12, 26,40, 54, 57, 103, 109, 142, 156, 178, 179,187 and 194) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2003, by and between THE CITY OF CHULA VISTA, California ("City" or " Grantee" for recording purposes only) and Trimark Pacific-Ventana, LLC, 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 ~G" 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" and Resolution No. 2001-453 on December 17 2001 the ~Amendment"), which project is commonly known as San Miguel Ranch. 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. C. The City has adopted Resolution No. 2000-068 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution and amended said conditions via Resolution No. 2001-453 (~'Amendment"). 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-Ventana, LLC, 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 interest in the Property or a portion of final map has been recorded. entities obtaining any the Property, after the c. "PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on October 19, 1999 and amended by Resolution No. 2001-453 ('~Amendment") on December 17, 2001 and as may be further 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. 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 Attachment UA" 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. assigns, any portion of the Project subject to the Agreement, upon request by the Developer or its 3 If Developer Burden of this 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 Associ.ation; 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. 1 - (General Preliminary) In patial satisfaction of Condition No. 1 The Developer shall comply with all requirements and guidelines of the San Miguel Ranch SPA Plan, Planned Community (PC) District Regulations, Design Guidelines, Public Facilities Financing Plan, Affordable Housing Plan, Air Quality Improvement Plan and Water Conservation Plan, as may be amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 4 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. Condition No. 12 - (Indemnification). In satisfaction of Condition No. 12 of the Resolution, the Developer agrees that the Developer shall 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 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. 26 - (Wall Installation). In partial satisfaction of Condition No. 26 of the Resolution, the Developer agrees to construct all walls in conjunction with improvements for San Miguel Ranch Planning Area 6. 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. 7. Condition No. 54 - (Street Lights on Traffic Signal Standards). In partial satisfaction of Condition No. 54, the Developer shall construct and guarantee that street lights and traffic signals will be designed and constructed, all as set forth below at locations shown on approved drawing number 00041 and as approved by the City Engineer. 5 a. Improvements The Developer shall construct all improvements and provide security satisfactory to the City Engineer in accordance with the .Public Facilities Financing Plan, as may be amended from time to time and shall construct the land development work in and adjoining said subdivision and as shown on the Drawings set forth on Attachment "B" (Land Development Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to 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 by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Land Development Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said Land Development Improvements, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Land Development Improvements, Developer shall 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. Nothing herein is intended to preclude Developer from requesting Transportation Development Impact Fee credits or reimbursements from a Community Facilities District for eligible improvements. b Bonding. 1. Developer agree~ to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City Engineer and City Attorney in the sums as set forth on Attachment "B", which security shall guarantee the faithful performance in connection with the installation of the Land Development Improvements as shown on Attachment "B" 2. Developer acknowledges and agrees that if the Land Development Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Land Development Improvements in accordance with those approved plans and specifications contained on Attachment "B", or at the option of the City, for those improvements shown on Attachment "B" that are less than, but not greater to, the sums provided by said 6 improvement securities. 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 the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (includingja reasonable allocation of overhead), and any proceeds from the improvement security. c Developer's Costs and Expenses. 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 the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. d. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Land Development Improvements plans and installation of Land Development Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of this Final Map, with City a sum of money sufficient to cover said cost. e Maintenance Costs. Developer understands and agrees that until such time as all of the Land Development Improvements as covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Land Development 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 Developer, its agents or employees in the performance of this Agreement, and that upon acceptance of the work. by City, Developer 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. f. indemnification Developer further understands and agrees that City, (as "Indemnitee") or any officer or employee 7 thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Land Development Improvements. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Land Development Improvements or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however,' that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee or any officer or employee thereof harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee Or any officer or employee thereof. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by such third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the Land Development Improvements provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee or any officer or employee thereof harmless from any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee or any officer or employee thereof. The improvement securities referred to above shall not 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 construction of the Street 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 construction of the Land Development Improvements. The approval of plans for the Land Development Improvements 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 said work and related improvements. The provisions of this paragraph 8 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 Land Development Improvements. 8. 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 (S) and water (W) lateral locations prior to the construction of curbs so that the curb face can be stamped with an ~S" 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. 9. Condition 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. 10. Condition No. 109 - (Walls within Open Space Maintenance Districts). In satisfaction of Condition No. 109 of the resolution 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. 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. 11. Condition No. 142 (Landscape Improvements). In partial satisfaction of Condition No. 142 of this resolution, Developer agrees that prior to the acceptance of improvements for any portion of Planning Area G, the Applicant shall install landscape planting and irrigation improvements for Lots G-A, G-D, G-E and E1-B 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 9 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. 178 of Resolution No. 2000-068 (Noise Levels) In partial satisfaction of Condition No. 178 of Resolution No. 2000-068, the Developer shall design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 14. Condition No. 179 (National Pollutant Discharge Elimination System). In partial satisfaction of Condition No. 179 of the Resolution, the Developer shall comply with the following: a. The development of the subdivision 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. regulations or requirements; b. File a 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; c. 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; d. Comply with all the provisions of the N.P.D.E.S. 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; e. Design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non- point source pollution, satisfactory to the City Engineer; f. Incorporate in the project design water quality and watershed protection principal and all post construction Best Management Practices (BMP's) selected for the project, in compliance with the NPDES Permit; 10 g. Prior to Final Map approval for the project, Developer shall enter in~o an agreement with the City where Developer agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed D waiver of the right to challenge the amount of any right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project; h. Prior to Final Map approval, building permits, or at such time as required by the City Engineer, the Developer shall submit and obtain approval from the City Engineer of a maintenance program for the proposed post-construction BMP's. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance schedule and activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. In addition, the Developer shall enter into a Maintenance Agreement with the City to ensure the maintenance and operation of said facilities; i. Prior to approval of any grading, construction, and building permits for the project, the Developer shall demonstrate to the satisfaction of the City Engineer compliance with all of the applicable provisions of the municipal code, Model Standard Urban Storm Water Mitigation Plans (SUSMP's) and Numeric Sizing Criteria shall incorporate into the project planning and design effective post-construction BMP's and provide all necessary studies and reports demonstrating compliance with the applicable regulations and standards. BMP's shall be identified and implemented that specifically prevent pollution of storm drain systems to the Maximum Extent Practicable (MEP) from certain project feature, land use, areas, and activities. j. Comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 15. Condition No. 187 (Witb/~old 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 11 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. 16. Condition No. 194 of Resolution No. 2000-068 - (withhold Building Permits). In partial satisfaction of Condition No. 194 of Resolution No. 2000-068 the Developer acknowledges and agrees that issuance of any building permit for this project is contingent upon satisfaction of all applicable requirements of the San Miguel Ranch Affordable Housing Agreement (approved by City Council on August 7, 2001 by City Council Resolution 2001- 258) by the Master Developer NNP -Trimark Pacific Homes to the satisfaction of the Director of the Community Development Department. 17. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1,10, 12, 26,40, 54, 57, 103, 109, 142, 156, 178, 179,187 and 194, of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 18. Previous Agreement. It is the intent of the parties that this San Miguel Ranch Planning Area "G" Supplemental Subdivision Improvement Agreement - with Trimark Pacific-Ventana, LLC, 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. 19. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 20. 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. 21. 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, 12 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. 22. 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. 23. 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 CHLrLAVISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: Trimark Pacific-Ventana, LLC, Limited Liability Company a California 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 13 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; Atta¢l%ments. 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] 14 [PAGE O~ OF ~40 SIGNATU1%E' PAGES TO SUPPLF/4ENTAL SUBDIVISION IM~O%~_~ENT AGBEEMENT FOR SAN MIGUEL P~a-NCH PLANNING ~ ~G" · FINiaL 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 Stephen Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney [I~-EXT PAGE IS PAGE TWO OF SIGNATI~E PAGES] 15 [PA~E TWO OF TWO SIG'NA','u~E PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT A~REEMENT FOR SAN MIG~L P. ANCH PLANNIN~ AREA FINAL MAP] DEVELOPERS / OWNERS: Trimark Pacific - Ventana, LLC, a California Limited Liability~d) Company By: TPH, LLC, a California Limited Liability Company, Its Member Manager By: Trimark Ventures, Inc., a California Corporation Its Member Title: Its Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ] ss' [ Ioa~ ~ / ~ ~l N~d~Us°f~er(eg,'J~e~,N~u~ic*} personally app~ed ~~ ~. ~X ~ .~ ~ , Name(s) of Signer(s) personally known to me proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature Of Nola~J Pub lC ( / ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying ~ ~e document and could prevent fraudulent mmoval and rea~achment of this form to another d~ument. Description of Attached Document ., ,_ , ~, ...- ~ .~* Title or Type of Documen Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~'~-~-)~'~ [] Individual ~i( Corporate Officer--Title(s): VI L~ [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer is Representing: ATTACHMENT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORINA, COUNTY OF SAN DIEGO, AND IS DESCREIBED AS FOLLOWS: LOT 3 OF CHULA VISTA TRACT NO. 99-04 PHASES 1, 2, & 4 ~A" MAP NO. 1, ACCORDING TO MAP THEREOF NO. 14261, IN THE CITY OF CHULA VISTA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 21, 2001. 17 ATTACHMENT "B" BOND EXHIBIT BONO No. 3SM04985100 3SM04985100 BOND AMOUN~' $875,000.00 $875,000.00 BOND CO. American Motorists Insurance Company American Motorists Insurance Company FAITHFUL PERFORMANCE LABOR & MATERIALS COMMENTS SIGNALS, PHASES I,II & IV SIGNALS, PHASES I,II & IV J:\Engi~eer\LANDDEV\Pzojects\Sa~ MigUel Ranch\Neighborhood G\SanMiguel G Map-SS~A.doc 18 RESOLUTION NO. 2003- RESOLUTION APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT, BETWEEN NNP TRIMARK SAN MIGUEL RANCH, LLC, AND CITY REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES 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, there is no community facilities district for maintenance within San Miguel Ranch, therefore, the Home Owners Association (HOA) is responsible for all maintenance; and WHEREAS, the agreement also grants non-City crews permission to maintain parkways in the public right of way and storm drain inlets equipped with water quality facilities; and 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, between NNP Trimark San Miguel Ranch, LLC, and City of Chula Vista, California regarding maintenance of private open space and facilities within the right of way of Chula Vista Tract No. 99-04, San Miguel Ranch Planning Area "G", 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 agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Director of Engineering City Attorney J:Attorney\Reso\EasemenfiReso 03 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: Grant of Easements and Maintenance Agreement for Chula Vista Tract No. 99-04, San Miguel Ranch, San Miguet Ranch Planning Area "G" 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 FOR RECOP~ER~S USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, SAN MIGUEL RANCH PLANNING AREA "G" Map No (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of , 2003, 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 "San Miguel 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 for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL RANCH J:\Trlmark\SM~CityAgree\EasMain(Ci~)AreaG.19Ma~03.wpd -1- MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particular project(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. C. The Property is or will become covered by the final map(s) (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" and Exhibit "D" 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. Th~ City desires to grant to NNP easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibits "B" and "D" in order to facilitate the obligations of NNP as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant 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 MHOA Maintained Public Areas: Non-exclusive easements and rights-of-way over and across all Parcels described on Exhibit "A" for the purpose ofma'mta'ming, repairing and replacing the following: the landscaping within portions of parkways in Corte San Simeon, Avenida Caterina and Plaza Paraiso as shown and described on Exhibit "B" attached hereto; and the storm water filtration devices within Plaza Palmera and San Simeon Corte as shown on Exhibit "D" attached hereto. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 13(0 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 Ma'mtained 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 J:\Trimark\S M\CityAgree~EasM ain(City) AreaG .19 M ax~3.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 MItOA. 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 he 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. Assignment by NNP and Release of NNP (a) Assignment. Upon NNP's transfer of the Maintenance obligations to the M/-IOA, 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 Accents Obligation. The MHOA has unconditionally accepted and assumed all of NNP's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant rtmning 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 confmn 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)" will apply to any further amendments which require City's consent pursuant to J:\Tfi mark~SM\CityAgree\Eas Main(City)AreaG. 19Mar03 .wpd -3- 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 of NNP'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) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Associationand the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of"A, Class V" or better with no modified occurrences 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. l:\Tfi raark\S MXCityAgree\EasMaln(City)AreaG. 19Mar03 .wpd -4- (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, NNP shall be released from its obligations under this Agreement, inclucling 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 shall 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. Assignment bv MHOA and Release of MI-IOA. (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 of the 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). J :\Tfimark\SM\CityAgree\EasMain(City)A reaG. 19Mar03 .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 comprehensive 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 Indemnity. 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 from 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 enfome this Section. This Section may not be amended without the written consent of the City Planning Director or City Attorney." 7. Indemnity 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 [Transferee's 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. Agreement Applicable 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 obligations to the MHOA 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. J :\Trimaxk~S M\CiiyA gree\Eas Main( CiW)AreaG, 19 Mad) 3 .wpd -6- (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 o£this Agreement and the covenants may be entitled. 9. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Califoruia. 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. Cou~ nterparts. 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. Recording. 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. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer J:\Tfimark\SM\CityAgree~EasMain(City)AreaG.l 9Ma~03.wpd -7- If To NNP: NNP-TR1MARK 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) Entire Agreement. This Agreement, together with any other written document referred 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. (f) 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. (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 term, covenant or condition to person or circumstance, shall not be affected thereby and each term, 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. J:\Tt imark\S M\CityAgree\EasMain (C fly)AreaG. 19Mar03 .wpd -8- or condition to person or circumstance, shall not be affected thereby and each term, 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 f~om 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 mtmicipal corporation Attest: By: Mayor Susan Bigelow, City Clerk APPROVED AS TO FORM: By: City Attorney NNP-T~ SAN MIGLrEL RANCH, LLC, a Delaware limited liability company By Its T:k4JH~TiSmark~SMXCityAgnm~EasMain(Oity) AreaO. 19Mar03.wpd -9- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On ,200 , before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ¢7LI ~L.~ , 200 5, before me; ~ Notary Public in and for said State, personally appeared personally known to me (or provcd to mc on thc basis of satiM~actory evidence) to be the person(~0 whose name(~) is/a~e subscribed to the within instrument and acknowledged to me that l~/she/tt~y executed the same in~/her/tt~ authorized capacity(ij~), and that by h~/her/th~r signature(~) on the instrument, the person(~, or the entity upon behalfbfwhich the person~) acted, executed the instrument. WITNESS my hand and official seal. Signature ~ T:Vo~!~Tfimark~SI~CityAgree~EasMaln(City)AreaG. 19Mar03.wpd !~ LIZ GROMAN ~_.~ COMM. # 1298761 o ~'l~'~j~ NOTARY PUBLIC-CALIFORNIA -10- (Seal) EXHIBIT "A" Legal Description Parcel A: Portions of Corte San Simeon as dedicated for public use on CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "G" according to Map thereof No. , filed with the County Recorder of San Diego County on ,2003. Parcel A-1: Portions Avenida Caterina as dedicated for public use on CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "G" according to Map thereof No. , filed with the County Recorder of San Diego County on ,2003. Parcel A-2: Portions of Plaza Paraiso as dedicated for public use on CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "G" according to Map thereof No. , filed with the County Recorder of San Diego County on ,2003. Inlet Filters: The inlet filter located within Plaza Palmera as dedicated for public use on CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "G" according to Map thereof No. , filed with the County Recorder of San Diego County on ,2003. The inlet filter located within San Simeon Corte as dedicated for public use on CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "G" according to Map thereof No. , filed with the County Recorder of San Diego County on ,2003. J:Wfi mark\S M~CityA~ree\EasMain(City)AreaG. 19MarO3.wpd EXHIBIT "B" Plats Showing Public Areas To Be Privately Maintained J:\Tfi mark\$ M\CityAgreekEasMain(City)A reaG. 19Marl)3 .wpd EXI:/IBIT "C" Maintenance Responsibilities Area Parkways shown on Exhibit I~B~l HOA Maintenance Landscaping in parkways including irrigation, tritmning and pruning of trees, and maintenance and irrigation of turf areas. City of Chula Vista Maintenance Maintenance of curb, gutter, sidewalks and pavement. Inlet filter (Storm Drain Filtration Devices) Routine cleaning and replacement when required of the filtration devices None J:\Trimark~SM~CityA gree\EasMaia(City)A~ eaG.19M a~03 .wpd EXHIBIT "D" Plats Showing Storm Drain Filtration Devices To Be Privately Maintained J:gTfimark~SM~CityAgree~Eas Main(City)AreaG. 19Ma~03.wpd I EXHIBIT "..~ ' SHEET I OF2 OHULA VISTA TF',AC~T NO, gg~04 8AN MI~U~L F'~ANCSH ?LANNIN~ A~A "~" NO SCALE LEGEND INDICATES INLET FILTER APPROXIMATE L OCA TION iHUNSAKER & ASSOCIATES INLET FILTER MAINTENANCE EXHIBIT PHASE ,:7 VENTANA CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "C" EXHIBIT "_~ " SHEET 2 OF 2 64 NO SCALE LEGEND INDICATES INLET FILTER APPROXIMATE LOCATION HUNSAKER & ASSOCIATES INLET FILTER MAINTEHANCE EXHIBIT PHASE 8 VENTANA CHULA VISTA TRACT NO. 99-04 SAN MIGUEL RANCH PLANNING AREA "G" COUNCIL AGENDA STATEMENT Item /~ Meeting Date 5/27/03 ITEM TITLE: Resolution Waiving the consultant selection process, approving agreement with HB Consulting Group for Engineering Services Related to Heritage Road, Main Street and Rock Mountain Road and Additional Infrastructure Needs within Eastern Chula Vista (CIP No. STM 350), authorizing the Mayor to execute said agreement, and appropriating $140,000 from the balance of the Transportation Development Impact Fee fund to Project CIP No. STM 350. SUBMITTED BY: Director of Engineering~) REVIEWED BY: City Manage¢~t~,r3~ '~ (4/Sths.Vote: Yes X No .) Heritage Road, Main Street and Rock Mountain Road are vital circulation roadways constituting the most significant east-west and north-south connectors following Olympic Parkway. In order to program these transportation links, and related improvements, ahead of land development, an opportunity and constraints study must be prepared to determine, in advance of land entitlements, the most feasible and economical alignments. The alignments are also needed as essential components for the completion of the General Plan Update and the Wolf Canyon Sewer study. Staff recommends entering into an agreement with HB Consulting Group to perform this work. Harry Burrowes of HB Consulting Group (formerly a principal of McGill Martin Self, Inc.) has been involved in the City's recent major projects such as Olympic Parkway and the Traffic Capacity Enhancement projects. Staff recommends waiving the consultant selection process and retaining HB Consulting Group to perform the work to ensure successful completion of the work in the time frames required. The work requires expertise in project management, engineering design, geotechnical review, and environmental analysis. RECOMMENDATION: That Council waive the consultant selection process, approve the resolution approving an agreement with HB Consulting Group for Engineering Services related to Heritage Road, Main Street, and Rock Mountain Road (CIP No. STM 350), authorizing the Mayor to execute said agreement, and appropriating $ 140,000 from the balance of the Transportation Development Impact Fee fund to Project CIP No. STM 350. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: Back~ound In order to achieve the timely construction of infrastructure, staff recommends that an Opportunity and Constraints Study be prepared for portions of Heritage Road (from Olympic Parkway to the City's southerly limits with San Diego), Main Street (from Heritage Road to Wolf Canyon), and Rock Mountain Road (from Main Street to the future extension of La Media Road). The roadway Page 2, Item ~(~ Meeting Date 5/06/03 alignments are complicated by the inter-relationships of grading work, development proposals, landowner issues, physical and environmental constraints, design criteria and financing. These three roads and related improvements are an integral part of the future development of the Eastern Territories. Staff recommends that the detailed alignments of these roadways be identified now to include the revisions in the upcoming General Plan Update and for concurrent review with the Wolf Canyon Sewer study. Staff's analysis of the schedules for these inter-related projects indicates that the Opportunity and Constraints Study to determine the feasibility and alignment of these roadway segments needs to be completed by September 2003. Consultant Selection Process Staff recommends waiving the consultant selection process and retaining HB Consulting Group to perform the work. Section 2.56.070 of the Municipal Code allows an exception to the consultant selection process where Council determines these "requirements as applied to that contract are impractical, impossible or that City interests would be materially better served by applying a different purchasing procedure...". In order to meet the September deadline that was established to meet the other projects' schedules, the formal process of requesting proposals is impractical. Staff recommends that HB Consulting Group be selected because of Harry Burrowes' proven record on vital City projects such as. Olympic Parkway, a project that included design, phasing, environmental and timing complexities, and the Traffic Capacity Enhancement projects. Staff believes the City's interests are best served by retaining HB Consulting Group with Harry Burrowes as project manager. Mr. Burrowes is an experienced project manager and engineer that has demonstrated exceptional knowledge of Chula Vista, its standards and its development community. Staff recommends HB Consulting Group based on the qualifications of the firm and its personnel, the commitment of a full time project manager(s) as needed, and the firm's understanding of the project, the firm's staffing capability to meet the time frames set forth in the agreement, and the firm's ability to process a project of this nature. Contract HB Consulting Group's proposal is for $107,160, plus a contingency of $15,000. The work shall be completed in four major phases: Milestone 1: Engineering Studies Consultant shall assemble and establish design criteria to guide project delivery. Consultant shall identify physical constraints, land development proposals, drainage including NPDES and detention requirements, sewer and water.facilities and all known environmental concerns to guide the design process of these circulation element roads. Page 3, Item ~ Meeting Date 5/06/03 Milestone 2: Alternatives Analysis Consultant shall evaluate the roadways' timing and phasing needs and recommend a list of viable development and design alternatives. Consultant shall identify roadway improvements, at the conceptual level, necessary to meet traffic operations criteria at specified service levels for each alternative. Milestone 3: Finance Consultant shall establish a short list of viable altematives in consultation with the City of Chula Vista and local developers. The Consultant shall examine the feasibility of financing the transportation projects via Community Facility Districts (CFD) and shall estimate tax revenues that may be available for each alternative. Feasibility Evaluations (Draft Opportunity and Constraints Report) Consultant shall evaluate the alternatives comparing common criteria utilizing traffic, engineering (such as alignment, grading, drainage, detention basins, sewers, landscaping), financial and legal data generated during previous tasks. Consultant shall make preliminary recommendations to the City, based on this analysis. Consultant shall prepare detailed roadway project cost data, building on the information generated during the Alternatives Analysis tasks. Consultant shall analyze, refine and document the legal implications of the selected alternative. Consultant shall evaluate and document the required environmental, financial and legal issues. The Consultant shall summarize the results of the tasks of this section in a written Draft Opportunity and Constraints Report. Milestone 4: Final Opportunity and Constraints Report and Documentation Consultant shall refine preliminary recommendations for the transportation projects to incorporate landowner, City and, if directed by the City, resource agency reviews. These refined recommendations shall become the basis for adopted alignments, final cost estimates, a financing plan and the subsequent legal, environmental and financial documents. Consultant shall prepare and deliver 100 scale eng!neering plans and a written Final Opportunity and Constraints Report. The agreement provides for payment based on completion of each phase (or deliverable) as shown in Table 1: Page 4, Item /f Meeting Date 5/06/03 Table 1 SCopeOf WOrk items Ea~ated Fe~ Engineering Studies (Deliverable 1) $ 47,600 Alternative Analysis (Deliverable 2) $ 35,200 Finance, Legal, Draft Opportunity & Constraints Report (Deliverable 3) $18,800 Final Opportunity & Constraints Report (Deliverable 4) $ 5,560 Subtotal $107,160 Contingencies $15,000 Total fbr contractual services $122,160 Estimated City staff time TOTAL CIP $ 17,840 $140,000 Project management is key to each of these work items. The consultant will provide these services under the agreement. The consultant proposes to retain three subconsultants: 1) Hunsakcr and Associates for engineering services; 2) RECON Environmental for environmental services; and 3) G~ot¢chnics, Inc. for geotechnical services. All of thc work of the subconsultants will be coordinated by HB Consulting Group. A contingency is provided pursuant to Paragraph 1.D. of the Agreement for additional work that may arise out of the opporttmity and constraints study. Approval of the agreement includes authorizing the City Manager ($10,000) and the Environmental Review Coordinator ($5,000) to use the contingency for additional, related items of work. Staffhas reviewed the cost proposal for the work and finds the proposal reasonable. Also, based upon the quality of the work of the consultant, staffrecommends that Council approve the resolution. FISCAL IMPACT: The proposed consultant services contract is for $122,160 which is to be funded by CIP STM 350 (Transportation DIF Account). HB Consulting Group has not received prior payments from the City during the prior 12 months. The appropriation includes sufficient funds for City staff time. Attachment 1 - Plat of Heritage Road, Main Street and Rock Mountain Road Exhibit A - Agreement File: STM 350 J:~EngineerLAGENDA~HB Consulting Agmt - SCN Alignment Report.doc DDS ATTACHMENT ¥ J · RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING AGREEMENT WITH HB CONSULTING GROUP FOR ENGINEERING SERVICES RELATED TO HERITAGE ROAD, MAIN STREET AND ROCK MOUNTAIN ROAD AND ADDITIONAL INFRASTRUCTURE NEEDS WITHINN EASTERN CHULA VISTA (CIP NO. STM 350), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING $i40,000 FROM THE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO PROJECT CIP NO. STM 350. WHEREAS, Heritage Road, Main Street and Rock Mountain Road are vital circulation roadways; and WHEREAS, in order to program these transportation links and related improvements ahead of land development an opportunity and constraints study must be prepared; and WHEREAS, staff recommends waiving the consultant selection process pursuant to Municipal Code {}2.56.070 as impractical or impossible and entering into an agreement with HB Consulting Group; and WHEREAS, waiving the consultant selection process is appropriate because: 1. The relationship of this study to the General Plan Update and W01f Canyon Sewer study dictate this project be completed by August 2003. 2. Harry Borrowes, principal with HB Consulting, has a proven record on vital city projects including Olympic Parkway and the Traffic Capacity Enhancement. 3. HB Consulting has extensive knowledge of the City, its standards, its development community and has committed thc resources necessary to meet the time frames and process a project of this nature. WHEREAS, staff recommends that Council waive the typical consultant selection process and retain HB Consulting Group to perform the work to ensure successful completion of the work in the time frames required. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the consultant selection process. BE IT FURTHER RESOLVED that the City Council does hereby approve an Agreement with HB Consulting Group for Engineering Services related to Heritage Road, Main Street, and Rock Mountain (CIP No. STM 350), a copy of which shall be kept on file in the office of the City Clerk; and authorizes the Mayor to execute said agreement on behalf of the City of Chula Vista. 1 BE IT FURTHER RESOLVED that the City Council does hereby appropriate $140,000 from the available balance of the Transportation Development Impact Fee fund to Project CIP No. STM 350. Presented by Approved as to form by Cliff Swanson Director of Engineering J:\Attomey\reso\Agreements\HB Consulting STM 350 2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA AND HB CONSULTING GROUP Parties and Recital Page(s) Agreement between · City of Chula Vista and HB Consulting Group for Engineering Services Related to Heritage Road, Main Street and Rock Mountain Road And Additional Infrastructure Needs within Eastern Chula Vista (CIP STM 350) This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the area of Chula Vista known as the "Eastern Territories", more specifically described as that area within the City's General Plan area located east of I- 805, is partially developed and proposed for additional development; and, Whereas, the City is undergoing studies for a General Plan Update to include the "Eastern Territories" which includes a Circulation Element related to transportation needs to implement the General Plan; and, Whereas, the alignment of certain Circulation Element roads (Heritage Road and Rock Mountain Road through undeveloped land south of Olympic Parkway) affect the General Plan Update; and Whereas, in conjunction with the General Plan Update, the City has the need for engineering services to perform a feasibility and alignment study of Heritage Road (south of Olympic Parkway to south of Main Street), Main Street (between Heritage. Road and La Media Road) and Rock Mountain Road (from Main Street to the future extension of La Media Road) prior to adoption of the General Plan Update; and, Whereas, Heritage Road, Main Street and Rock Mountain Road alignments are needed in conjunction with the Capacity Enhancement Projects and the Wolf Canyon Sewer Project approved by Council; and, 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 1 Whereas, staff believes the City's interests are best served by waiving the consultant selection process and by retaining HB Consulting Group with Harry Burrowes as project manager. Whereas, Mr. Burrowes is an experienced engineer and project manager who has demonstrated exceptional knowledge of Chula Vista, its standards and its development community and understands the project and time frames set forth in the agreement; and Whereas, the City waived the Consultant selection process and has selected Consultant as the sole source to provide the engineering and related services; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 2 purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability tnsurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 3 Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 4 other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City ~hall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 5 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 6 B. Decline to Participate, Regardless of whether Consuitant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 7 made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Agreement, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 8 employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation adsing under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 9 /¢-/7 consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 10 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall 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. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 11 hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against ~vhich enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties 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 or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chuia Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 12 Signature Page to Agreement between City of Chula Vista and HB Consulting Group for Engineering Services Related to Heritage Road, Main Street and Rock Mountain Road And Additional Infrastructure Needs within Eastern Chula Vista (CIP STM 350) IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200__ City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: HB Consult~ BHY:arry/'rrB~ees~- President Exhibit List to Agreement (X) Exhibit A. 2pry14 Standard Form Two Party Agreement (Fourteenth Revision) Page 13 Exhibit A to Agreement between City of Chula Vista and HB Consulting Group 1. Effective Date of Agreement: 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: business form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chu'la Vista, CA 91910 Consultant: HB Consulting Group Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation Place of Business, Telephone and Fax Number of Consultant: 988 Camino Del Sol Chula Vista, California 91910 Voice Phone (619) 302-7577 Fax Phone (619) 482-2057 , a [insert 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 14 7. General Duties: The general duties for Consultant includes all of'the duties necessary to evaluate and make recommendations, summarized in an Opportunity and Constraints Study, regarding the horizontal and vertical alignment of Heritage Road (south of Olympic Parkway to the southerly City boundary), Main Street (from approximately Heritage Road to La Media Road) and Rock Mountain Road (from approximately Main Street to Wolf Canyon). Such duties shall include, but not be limited to, consideration and evaluation of the following: cost, phasing, financing, vertical and horizontal alignment consistent with City standards and standard engineering practices, location of existing improvements, future intersections and development, preliminary environmental constraints & mitigation, preliminary geotechnical analysis, earthwork, sewer, water, drainage, public facilities, and size of facility. Consultant's duties include preparation of written reports and drawings and coordination and preparation of information for meetings with City staff and agencies, property owners, and developers (Developer Committee). The Consultant shall recommend a list of developers, subject to review and approval of the Director of Engineering and the City's Environmental Review Coordinator, for the Developer Committee. Harry Burrowes shall assume the duties of project manager. As project manager, Harry Burrowes shall perform or directly supervise all duties of Consultant. All work of the Consultant is subject to review and approval by the City. Scope of Work and Schedule: Detailed Scope of Work: Consultant shall perform the tasks outlined herein to provide the Final Opportunity and Constraints Study, all subject to the review and approval of the Director of Engineering, for Heritage Road from Olympic Parkway south past Main Street and over Otay River to the City of San Diego boundary, Rock Mountain Road from the intersection of Heritage Road easterly across Wolf Canyon to La Media, and Main Street generally between Hedtage Road and Rock Mountain Road, collectively referred to hereon as South Circulation Network (SCN). TASK 1 Enqineerinq Studies Consultant shall assemble and establish design criteria to guide SCN project delivery. Consultant shall identify physical constraints, land development proposals, drainage requirements including NPDES and detention requirements, sewer and water facilities and all known environmental concerns to guide the design process. Consultant shall deliver to City a written Engineering Studies Report to the satisfaction of the Director of Engineering to include all written documentation identified in Task 1.1 through Task 1.6. The Engineering Studies Report shall identify: both interim and ultimate facilities and their proposed alignments; feasible alternatives that include horizontal and vertical alignments; drainage facilities including facilities for NPDES compliance and detention needs; sewer and water 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 15 facilities; public utility needs; right of way needs; and grade provisions for future grade separations where required. Task 1.1 Data Collection The City will provide Consultant with related Geographic Information System ("GIS") data including but not limited to digital topographic data. Consultant shall obtain digital orthophoto data including 2 ff interval contours, with assistance from the City of Chula Vista and the developers, and review technical and other background information pertinent to the project including: existing City and County topographic maps; existing alignment studies; existing drainage studies; existing sewer studies; proposed land development plans; property boundary and ownership records; City, County and CaITrans design standards; existing utility locations; SPA plans; GDP studies; Environmental Impact Repor[s; tentative maps; sewer DIF; TDIF; traffic studies; Olay Water District Master Plan; and other related repor[s. Consultant shall summarize the data in a written Data Collection Report for presentation to the City. Task 1.2 Design Criteria Consultant shall assemble and establish design criteria to guide design of the SCN facility. Design criteria will include geometric design, utility locations, drainage guidelines, safety and operational guidelines, as well as conformance with other standards or jurisdictional regulations. Consultant shall prepare a written summary of the design criteria. Task 1.3 Physical and Environmental Constraints Consultant shall identity, review and log physical and environmental constraints such as design restrictions, known soil problems, biological resources and other possible constraints to developing the facility. Consultant shall document the information in writing and include a graphical and mapped summary of the highlights for ease of reference in subsequent evaluations. Task 1.4 Project Scoping Consultant shall review information listed above with the City and develop guidelines for proceeding with the alternative studies. Consultant shall conduct field reviews to identify topographic, hydraulic or geologic features that would impact the design along any of the alignments to be studied. Consultant shall prepare a written summary of the field reviews and likely alternative alignments. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 16 Task 1.5 Preliminary Environmental Review Consultant shall provide environmental services as identified in Tasks 1.5A and 1.5B and, if directed by the City's Environmental Review Coordinator, those additional services of Task 1.5C. Consultant shall summarize its findings in a Draft Environmental Constraints Report to the satisfaction of the City's Environmental Review Coordinator. Subject report shall become part of the Draft and Final Opportunity and Constraints Reports. Task 1.5A Environmental Constraints Consultant shall conduct a search of the records of the California Natural Diversity Data Base (California Department of Fish and Game) and the California Native Plant Society to determine what sensitive species have been reported from the vicinity of the project area. ii. Consultant shall conductir~j a biological resources survey of the approximately 400-acre multiple alignment project area, including a search for sensitive species apparent at the time of the surveys (state or federally listed or otherwise considered sensitive) and/or their habitats. iii. Consultant shall prepare a map showing natural plant communities, areas that could be under the jurisdiction of the U.S. Army Corps of Engineers and/or the California Department of Fish and Game as wetlands or waters of the U.S., the observed locations of sensitive species, and habitat for sensitive species. Consultant shall outline biologically sensitive areas that could pose constraints to development on the map. iV. Consultant shal! conduct focused surveys for sensitive plants including Otay tarplant, San Diego thornmint, variegated dudleya, and others that have the potential to occur within the project area. Consultant shall conduct surveys during the contract duration-to cover the blooming times of those species where appropriate for that time of the year. For the species that must be surveyed during other times of the year, consultant shall identify any surveys that should occur at a later date. Conducting of said additional surveys during other times of the year are beyond the scope of this agreement. Consultant shall record any inventoried biological resources located during the survey and comply with the reporting requirements of the Natural Diversity Data Base. 2pry14 Standard Form Two Party Agreement (Fourteenth Revision) Page 17 vi. Consultant shall prepare a report to the satisfaction of the City's Environmental Review Coordinator that describes biological resources occurring in the project area and potential constraints and likely mitigation needs posed by those resources. Consultant shall provide a map of the vegetation and sensitive species located in the project area that will be digitized by the Consultant into a Geographic Information System (GIS) for use in selecting potential alignments and identifying impacts associated with those alignments. vii. Consultant shall conduct a habitat assessment for California gnatcatcher and least Bell's vireo as part of the initial surveys to determine if additional studies are needed. The Consultant's environmental sub-consultant, Recon Environmental, shall provide up to 20 hours of meeting and consultation time for selecting the alignments. Task 1.5B Environmental Process Determination & Analysis Consultant shall identify and determine to the satisfaction of the City's Environmental Review Coordinator the procedural and permitting actions that will be required for the roadway alignment alternatives. Consultant's work shall include: i. Identification of regulatory permits and estimated timelines for permitting required for each alignment. ii. Estimation of mitigation costs for each alternative. iii. Identification of any necessary amendments to the City's MSCP for each alternative including impacts of the modification to "Planned Facilities" (Equivalency Analysis). 2pty14 Task 1.5C Focused Environmental Analysis (Optional Task as Determined by the City's Environmental Review Coordinator) At the written request of the City's Environmental Review Coordinator, Consultant, together with the City's Environmental Review Coordinator or designee, shall conduct meetings and consult with resource agency staff related to specific issues impacting the permitting of various alignments. Ultimately, Consultant's focus with the Resource agency discussions shall be on the preferred alignments identified by the Opportunities and Constraints Analysis. Based upon the outcome of discussions, Consultant shall refine Standard Form Two Party Agreement (Fourteenth Revision) Page 18 the information of Task 1.5B if necessary as determined by the City's Environmental Review Coordinator. Said additional services shall be billed on a time and material basis. Task 1.6 Alternative Facilities Consultant shall identify potential interim and ultimate SCN facilities, feasible alternatives and alternative alignments, and phasing through a synthesis of estimated travel demands and network .needs, design criteria, and environmental and physical constraints. Consultant shall recommend to the City the alignment for the SCN facilities based upon information obtained from: the Data Collection and the Physical and Environmental Constraints tasks; input from the City during 'the Project Scoping meetings and field reviews; consideration of the impacts identified in the Preliminary Environmental Review task; and the detailed engineering review of existing topographic and planimetric mapping. Consultant shall prepare written quantity and cost estimates for each alternative for use in selection of a preferred alignment for the SCN projects. TASK 2 Alternatives Analysis Consultant shall evaluate the SCN projects' timing and phasing needs and recommend a list of viable development and design alternatives. Consultant shall identify network improvements, at the conceptual level, necessary to meet traffic operations criteria at specified service levels for each alternative. Consultant shall identify preliminary right-of-way needs, prepare cost estimates and develop scheduling needs. Consultant shall analyze the Interim and ultimate SCN facility needs, integrated with the Circulation Element of the General Development Plan. Consultant shall deliver to City a written Alternatives Analysis Report to the satisfaction of the Director of Engineering to include all written documentation identified in tasks 2.1 through 2.3. Consultant shall include in the Alternatives Analysis Report a summary matrix of alternatives for ease of alternative comparisons. Task 2.1 Conceptual Designs Consultant shall develop conceptual schematic designs for each alternative, not to exceed 15 alternatives. Consultant shall evaluate design criteria such as grading and earthwork considerations, environmental impacts, phasing constraints and utilities. In addition, Consultant shall identify and evaluate 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 19 traffic operations criteria such as number of lanes, interim and ultimate intersection design traffic signals, signs and grade separation needs for each design. Consultant shall identify where shortfalls may exist and what may be needed to resolve such problems. Consultant shall develop and analyze phasing and sequencing scenarios and consider cost, schedule, and traffic operations for each alternative. Consultant shall deliver to City, to the satisfaction of the Director of Engineering, 200 scale drawings and a written Conceptual Design summary. Task 2.2 Cost Estimates Consultant shall develop concept,level cost estimates for each alternative SCN facility and related improvements. These estimates shall include the costs of facility planning, design and construction, right of way, legal and financing costs that may be encountered. For comparison purposes, Consultant shall express all costs in terms of current dollars. Task 2.3 Conceptual Schedules Consultant shall develop a possible implementation schedule for each alternative SCN facility and related improvements. These concept level schedules are needed only to assess and compare differences between alternatives. Conceptual schedules shall include such scheduling parameters as time needed for planning, design and construction, as well as environmental clearance and financing. TASK 3 Finance Prior to the start of the financial study, Consultant shall establish a list of viable alternatives in consultation with the City of Chula Vista and Developer Committee. The Consultant shall examine the feasibility of financing the SCN projects via CFD(s) that tax undeveloped lands or partially entitled lands to provide revenue for construction. Consultant shall estimate tax revenues that may be available for each alternative. Consultant shall deliver to City a written Finance Report to the satisfaction of the Director of Engineering to include all written documentation identified in tasks 3.1 through 3.4. Task 3.1 Cost Analysis 2pty14 For each alternative scenario, Consultant shall prepare and review estimated costs with the Cfty and the Developer Committee, to develop consensus on the base data at the beginning of our financial feasibility analysis. Important variables, such as construction costs, inflation, estimated construction schedule(s), interest rate estimates, DIF funding eligibility, shall be discussed. Consultant shall prepare a written Cost Analysis Report, subject to review and approval of the Director of Engineering, on the estimated costs Standard Form Two Party Agreement (Fourteenth Revision) Page 20 that include, but is not limited to, grading, earthwork, environmental, drainage, sewer, public facilities, DIF eligibility, and right of way needed for SCN projects. The Cost Analysis Report shall summarize the results of the costs and will become the database for feasibility evaluations. Task 3.2 Local Revenue Sources Mello-Roos Community Facilities District (CFD) - Consultant shall analyze the feasibility of a Mello-Roos CFD to implement special taxes to pay for the timely construction of phased improvements. Consultant shall further analyze the feasibility of taxing undeveloped and/or partially entitled land as a source of revenue. Transportation Development Impact Fee (TDIF) - Consultant shall review the City's existing TDIF and make recommendations on construction scheduling, adequacy of existing fees and other financing alternatives. Sewer Development Impact Fee - Consultant shall review the City's existing sewer fees for possible participation in financing SCN related improvements. Consultant shall prepare a written Local Revenue Sources Report, subject to review and approval of the Director of Engineering, to summarize its findings. 2pty14 Task 3.3 External Funding Sources The City does not expect availability of external funding sources for this project. Consultant shall review City efforts to secure external funding and present a general overview. Consultant's review shall be limited to how external funding may influence SCN project financing. Consultant shall provide a general overview of viable external funding sources that the City has a reasonable opportunity of receiving. Consultant shall prepare a summary of this review in a written External Funding Sources Report, subject to review and approval of the Director of Engineering. Task 3.4 Alternative Financing Scenarios Consultant shall identify a list of feasible alternative financing scenarios for facilitating the construction of SCN projects, subject to review and approval of the Director of Engineering. From this list, Consultant shall develop a cash flow model that meets the needs of possible CFD financing and of development phases. Consultant shall analyze the feasibility of CFD financing that precedes land development and entitlements. Consultant and City staff shall identify the alternative financing scenario(s) that shall be evaluated by the cash flow model to determine where, and to what extent, financing is needed. Consultant shall then develop alternative financing Standard Form Two Party Agreement (Fourteenth Revision) Page 21 scenarios for each improvement or improvement phase by combining financing soQrces for each scenario and ranking them on their financial feasibility. Consultant shall summarize this information in a written Alternative Financing Scenarios Report, subject to the review and approval of the Director of Engineering. Consultant's analysis shall focus on the most cost effective method of financing the desired improvements under the desired schedule, as determined by the City. Consultant shall evaluate the sensitivity of construction schedule changes and economic changes (interest and inflation rates). The City shall determine, with recommendations from the Consultant and Developer Committee, the alternative(s) that best fit the City's needs. Consultant shall perform those duties necessary to assist the City to make the determination. TASK 4 Feasibility Evaluations (Draft Opportunity and Constraints Report) The feasibility evaluation process utilizes information developed by each of the previous tasks. The Consultant shall summarize the results of Tasks 4.1 through 4.3 in a written Draft Opportunity and Constraints Report to the satisfaction of the Director of Engineering. Task 4.1 Comparative Analysis Consultant shall evaluate the alternatives comparing common criteria utilizing traffic, engineering (such as alignment, grading, drainage, detention basins, sewers, landscaping), and financial data generated during previous tasks. This comparative analysis shall consist of determining merits and drawbacks of several key aspects of each selected alternative, including project costs, revenue sources, financing feasibility, environmental issues, traffic service, engineering considerations, and community impacts. Consultant shall systematically compare the criteria, item by item, to determine a recommended alternative to be presented to City staff and Developer Committee in a format similar to that identified for the Alternative Analysis above. Task 4.2 Preliminary Recommendations Consultant shall make preliminary recommendations to the City, based on this Comparative Analysis. Consultant shall recommend the best alternative for the SCN and the reason for its selection will be described in a written Preliminary Recommendations Report, subject to the review and approval of the Director of Engineering. 2pty14 Task 4.3 Cost Implications, Finan(~ing Options Standard Form Two Party Agreement (Fourteenth Revision) Page 22 Consultant shall prepare detailed SCN cost data for the selected alternative, building on the information generated during the Alternatives Analysis tasks. Consultant shall include SCN development costs (i.e. engineering and design, environmental documentation, geotechnical investigations, right of way acquisition, etc.), construction costs, legal costs, administrative costs, and construction monitoring costs. Consultant shall outline financing options for the selected alternative with information concerning sources, amounts and implications for applicable financing options. Consultant shall develop pro forma tables to show the specifics of each selected financing option. Consultant shall analyze, refine and document the legal implications of the selected alternative. Consultant shall evaluate and document the required environmental, financial and legal issues. TASK 5 Final Opportunity and Constraints Report and Documentation Consultant shall refine preliminary recommendations for the SCN projects to incorporate Developer Committee and Resource agency reviews, subject to review and approval of the Director of Engineering and City's Environmental Review Coordinator. Consultant shall prepare and deliver 100 scale engineering plans and a written Final Opportunity and Constraints Report, to the satisfaction of the Director of Engineering, summarizing the results of the analysis performed, including the final recommended SCN facility, detailed cost estimates, preliminary environmental impacts and financing plan. Attachments to the Final Opportunity and Constraints Report shall include an outline of the necessary financial, environmental and legal documents required for SCN project implementation. TASK 6 Project Manaqement Throughout the design process Consultant shall assume the lead in identifying and resolving issues, subject to the City's review and approval, and in coordinating meetings with the City of Chula Vista, property owners and Developer Committee including preparing and distributing schedules, agendas, and minutes of meetings to the participants for approval. Consultant shall ensure that timely coordination is conducted between this SCN project and related ongoing projects including, but not limited to, the General Plan Update, Traffic Capacity Enhancement program, Village 2 & 3 EIR, Otay Land Company land use proposals, Wolf Canyon Sewer and Chula Vista's MSCP. Consultant shall notify private landowners, in writing (facsimile, e- mail, postal service), of informational meetings and prepare apprepdate graphics and handout materials. All Consultant services shall be performed to the satisfaction of the Director of Engineering. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 23 TASK 7 Additional Infrastructure Needs Consultant shall perform additional engineering services, studies, and consulting services as requested in writing by City Manager to identify and analyze additional infrastructure needs. Said additional services shall be billed on a time and material basis. Schedule: Consultant shall complete the major SCN project milestones as follows after the City issues a Notice To Proceed to ConsuLtant: Activity Notice to Proceed Percent Complete O% Delivery Time May 28, 2003 Milestone 1 - 40% Engineering Studies Report. Task 1 Project Management. Task 6 July 2, 2003 Milestone 2 - 70% Alternative Analysis Report. Task 2 Project Management. Task 6 July 30, 2003 Milestone 3 - 80% Finance Report. Task 3 Draft Opportunity and Constraints Report. Task 4 Project Management. Task 6 Auqust 27, 2003 Milestone 4 - 100% Final Opportunity and Constraints Report. Task 5 Project Management. 'Task 6 October 1, 2003 The time periods for each Milestone shown are inclusive of review times by the City 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 24 and/orothem. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: July 2, 2003 Milestone 1 - Engineering Studies Report, Task 1; Project Management, Task 6 Deliverable No. 2: July 30, 2003 Milestone 2 - Alternative Analysis Report, Task 2; Project Management, Task 6 Deliverable No. 3: August 27, 2003 Milestone 3 - Finance Report, Task 3; Draft Opportunity and Constraints Report, Task 4; Project Management, Task 6 Deliverable No. 4: October 1, 2003 Milestone 4 - Final Opportunity and Constraints Report, Task 5; Project Management, Task 6 D. Date for completion of all Consultant services: October 1, 2003 or later if extended in writing by the Director of Engineering 9. Insurance Requirements: () ,() (x) () (x) 2ptyl4 Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). Standard Form Two Party Agreement (Fourteenth Revision) Page 25 10. Materials Required to be Supplied by City to Consultant: GIS information (Task 1) 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement for Tasks 1-6. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 26 Phase 1. 2. 3. 4. Deliverable 1 excluding Task 1.5C Deliverable 2 Deliverable 3 Deliverable 4 Fee ~rSaid Phase $47,600 $35,200 $18,800 $ 5,560 (x) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement for Tasks 1.5C and 7 Unless a separate fixed fee is otherwise agreed upon by Consultant and City Manager, for performance of Tasks 1.5C and 7 by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 27 2pty14 (2) (X) Limitation without Further Authorization on Time and Materials Arrangement for Task 7 At such time as Consultant shall have incurred time and materials equal to $10,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. (X) Limitation without Further Authorization on Time and Materials Arrangement for Task 1.5C At such time as Consultant shall have incurred time and materials equal to $5,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule for Tasks 1.5C and 7 Category of Consultant's Employee Hourly Name Rate President Harry Burrowes $150 Technical Assr/Clerical $ 6O RECON Environmental: EXPERT WITNESS PRINCIPAL SENIOR ASSOCIATE ASSISTANT RESEARCH ASSISTANT GIS SPECIALIST PRODUCTION SUPERVISOR PRODUCTION SPECIALIST III PRODUCTION SPECIALIST II PRODUCTION SPECIALIST I SPECIALIST III SPECIALIST II SPECIALIST I RESOURCE MONITOR II RESOURCE MONITOR I $200.00 $129.00 $100.00 $ 87.OO $ 78.00 $ 52.00 $ 52.00 $ 53.00 $ 43.00 $ 36.00 $ 31.00 $ 77.00 $ 67.00 $ 57.00 $ 50.00 $ 40.00 TECHNICIAN III $ 31.00 Standard Form Two Party Agreement (Fourteenth Revision) Page 28 TECHNICIAN II TECHNICIAN I FIELD SUPERVISOR FIELD CREW CHIEF FIELD TECHNICIAN SEED SPECIALIST $ 26.00 $ 21.00 $ 30.00 $ 22.00 $ 18.00 $ 22.00 (x) Hourly rates may increase by 6% for services rendered after June, 2004, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate Reports, notto exceed $ Copies, not to exceed $ Travel, not to exceed $ Printing, notto exceed $ Postage, not to exceed $ Delivery, not to exceed$ Long Distance Telephone Charges, not to exceed $. Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Sohaib AI-Agha, Deputy Director of Engineering Consultant: Harry Burrowes, HB Consulting Group 14. Liquidated Damages Rate: NA ( ) $ per day. ( ) Other: 15~ Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: 2pty 14 Standard Form Two Party Agreement (Fourteenth Revision) Page 29 (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No. 7. Business positions. (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Hunsaker and Associates, Engineering services RECON Environmental, Environmental services Geotechnics Inc., Geotechnical services Others as may be approved by Director of Engineering 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 30 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: Transportation Development Impact Fee Fund (WO# STM 350) 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: Completion of all Consultant services to the satisfaction of the Director of Engineering. File: J:~Engineer\LANDDEV~STAFF\DONNAS\HB Consulting agmt-SCN Alignment.doc 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 31 COUNCIL AGENDA STATEMENT Item ! / Meeting Date 05/27/2003 ITEM TITLE: Resolution Awarding a Purchase Agreement in the amount of $202,031.25 for two replacement tree trimming trucks to Altec Industries, in accordance with the terms and conditions of the City of San Diego bid 4873-02-D SUBMITTED BY: Director of Public Works Operation~f~''/- Director of Finance REVIEWED BY: David D. Rowlands, Jr., City Manager(~ q?'('4/5ths Vote: Yes__ No _X_) The FY 2002-03 Equipment Maintenance Budget provides for the replacement of two tree trimming trucks. The Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. RECOMMENDATION: That the City Council approve the Resolution awarding the Purchase Agreement in the amount of $202,031.25 to Altec Industries for two tree trimming trucks. DISCUSSION: In the past, the City of Chula Vista has entered into purchasing agreements with local agencies for various pieces of equiprhent. It was decided by the Urban Forestry Division personnel after several trial demonstrations from various vendors to select a tree trimming truck from Altec Industries that best meet the needs of the City. The City of San Diego has a current contract for this same truck, and the pricing agreement from San Diego is being used in this purchase. FISCAL IMPACT: An amount of $201,700 has been provided in the Equipment Maintenance Budget for the replacement of the two tree trimming trucks. Two budgeted vehicles were not replaced this year at the request of the user departments for a savings of $55,760. Therefore $257,460 is available to replace the two trucks leaving a balance of $55,429. File No: 1320-50-DG G:\Bob\equipment~A113 FY03.doc /t-/ RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT IN THE AMOUNT OF $202,031.25 FOR TWO REPLACEMENT TREE TRJMIMING TRUCKS TO ALTEC INDUSTRIES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF SAN DIEGO BID 4873-02-D WHEREAS, the FY 2002-03 Equipment Maintenance Budget provides for the replacement of two tree trimming trucks; and WHEREAS, the Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, the City of San Diego has a current contract for tins same truck, and the pricing agreement from San Diego is being used in this purchase; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award a Purchasing Agreement in the amount of $202,031.25 for two replacement tree trimming tracks to Altec Industries, in accordance with the terms and conditions of the City of San Diego bid 4873-02-D. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized and directed to execute said Purchasing Agreement for and on behalf of the City of Chula Vista. Presented by Cliff Swanson Director of Engineering J:\attomey\reso\tree trimming Altec Industries Approved as to form by //-.2 COUNCILAGENDASTATEMENT ITEM MEETING DATE 5/27/03 ITEM TITLE: An Ordinance of the City of Chula Vista Amending the Chula Vista Municipal Code by Adding Chapter 8.21 Relating to the Regulation of Wholesale Food Warehouses SUBMI'I-rED BY: REVIEWED BY: Director Planning and City Manager~¢ (4/5ths Vote: Yes No X ) SUMMARY: Wholesale food warehouses are not adequately regulated by the State of California and recent inspections of some of these food warehouses by the County of San Diego have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food borne illness. Pursuant to state and local law, the County of San Diego is the primary regulator of persons handling and storing food within the City. To address the concern mentioned above, the County wishes to institute a wholesale food warehouse permit and inspection program with consistent rules and regulations throughout the region. To do so, the County needs the City's authorization to conduct such a program within City boundaries and requests that the City adopt (by reference) the County's Wholesale Food Warehouse Ordinance. RECOMMENDATION: That the City Council adopt the Ordinance adding Chapter 8.21, Wholesale Food Warehouses, to the Chula Vista Municipal Code. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Pursuant to state and local law, the County of San Diego is the primary regulator of persons handling and storing food within the City and region. Last year, the County's Department of Environmental Health received a number of complaints concerning conditions at wholesale food warehouses. Recent inspections of some of these food warehouses revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food borne illness. Unfortunately, state law is unable to adequately address this problem. While retail food facilities are subject to a comprehensive state regulatory program (that is administered by the County), state law contains only a few basic sanitary requirements for most wholesale food warehouses. To rectify the situation, the County responded by enacting a comprehensive I ordinance regulating wholesale food warehouses.~ More specifically, the ordinance establishes a mandatory permit and inspection program and sets standards for food handling, food storage, rubbish disposal, and building construction, among other things. It also enumerates penalties for failure to comply and procedural rules associated with enforcement. To effectively implement the wholesale food warehouse permit and inspection program countywide, the County needs express authorization from each municipality to conduct the program within the municipality's borders. The County is also requesting that individual cities adopt, by reference, the County's newly enacted Wholesale Food Warehouse Ordinance (attached as Exhibit A) so that regulations are consistent as inspectors travel from one jurisdiction to the other. For administrative convenience, it is p/'oposed that the City (in one action) not only adopt these regulations as they exist now, but also as they exist in the future due to amendment by the County Board of Supervisors. The County administrative and enforcement activities tied to the wholesale food warehousing program will be paid for by fees charged to the individuals and business regulated by the new law. The exact amount of these fees will be set by the County's Board of Supervisors based upon funding requirements and be updated from time to time. It is proposed that the City adopt (in one action) the Board's current schedule of fees as well as any future changes. The County and the City already have an agreement in place under which the County provides food permit and inspection services within the City, on a fee-supported basis. The proposed ordinance authorizes the City Manager to enter into any supplemental or modified agreements with the County that may be necessary to implement the new wholesale food warehouse program. Finally, it is worth noting that the proposed wholesale food warehouse ordinance has been reviewed and is supported by the California Restaurant Association - San Diego Chapter, the 'San Diego County Food and Beverage Association, and the California Independent Grocers and Convenience Stores. FISCAL IMPACT: The wholesale food warehousing program to be instituted by the County of San Diego will be paid for by fees charged to those persons the law applies to. There is no anticipated fiscal impact to the general fund and very minimal impact on City staff resources. EXHIBITS: A. San Diego County Ordinance No. 9525 (New Series) regarding Regulatory Ordinances relating to Food and Housing B. Letter from Gary Erbeck, Director of the County Department of Environmental Healt, dated March 14, 2003, regarding "Cooperative Regional Regulation of Wholesale Food Warehouses". According to the County's Code, a "wholesale food warehouse" is defined as: "Any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. 'Wholesale Food Warehouse" does not include food processing establishments, retail food facilities, or warehouses where only packaged beverages or food in sealed cans or bottles is received, stored and shipped in the same package as received, without opening or modifying the original package." EXHIBIT A ORDINANCE NO. 9525 (NEW SERIES) AN ORDINANCE AMENDING PORTIONS OF TITLE 6 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FOOD AND HOUSING SEC. 61.211. WHOLESALE FOOD WAREHOUSES Sections 61.211 through Section 61.256 are to be known as the Wholesale Food Warehouse Ordinance. The Department of Environmental Health shall be and is hereby authorized and empowered to make inspections and issue permits to the owners and/or operators of wholesale food warehouses that hold or distribute food at wholesale. Section 13. Section 61.212 is hereby added to the San Diego County Code, to read as follows: SEC. 61.212. DEFINITIONS. Whenever in this article the following terms are used, they shall have the meanings respectively ascribed to them in this section: (a) ADULTERATED. Having been made impure by the addition of any poisonous or deleterious substance; or in the case of food, foodstuffs that have been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated or rendered unwholesome, diseased or injurious to health. (b) APPROVED. Acceptable to the Director based upon a determination of conformity with applicable laws, or in the absence of applicable laws, with current public health principles, practices and generally recognized industry standards that protect the public health. (c) APPROVED SOURCE. A producer, manufacturer, distributor, or food establishment that is acceptable to the Director based on the determination of conformity with applicable laws, or in the absence of applicable laws, with current health principles and practices, and generally recognized industry standards that protect public health. (d) DIRECTOR. For the purposes of this chapter, "Director" shall mean the Director of the Department of Environmental Health of San Diego County and his/her designees. (e) EMBARGO. The legal control exercised by the Director over the use, sale, disposal or removal of any food. 1 EXHIBIT A (f) EMPLOYEE. Any person wprking in a wholesale food warehouse, including managers and/or owners. (g) FOOD. Any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection or condiment for human or animal consumption. (h) GOOD MANUFACTURING PRACTICES. The practices for manufacturing, packing, or holding food described in Title 21 of the Code of Federal Regulations, Part 110. (i) IMMEDIATE DANGER TO THE PUBLIC HEALTH OR SAFETY. For the purposes of this section, any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission; a hazardous condition, including, but not limited to, unsafe food temperature, sewage contamination, no potable water supply, and vermin infestation; or an employee who is a carrier of a communicable disease. Any food facility for which the permit is suspended shall close and remain closed until authorized to reopen by the Director or Health Officer. (j) IMPOUND. The legal control exercised by the Director over the use, safe, disposal or removal of any equipment or utensil. (k) POTENTIALLY HAZARDOUS FOOD. Any food that is capable of (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications or (2) supporting the growth or toxic production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below; foods that have a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage; or food that has been shown by appropriate microbial challenge studies, the results of which are approved by the Director, not to support the rapid and progressive growth of infectious, toxigenic microorganisms that may cause food infections or food int6xications, or the growth of Clostridium botulinum. (!) REMODEL. For purposes of this chapter, remodel means any replacement, significant modification, or installation of walk-in refrigerators or freezers, toilet rooms, and sinks used for utensil washing. (m) WHOLESALE FOOD WAREHOUSE. Any place, building, structure, room or portion thereof, where food is commemially distributed, stored, or held for transfer. "Wholesale Food Warehouse" does not include food processing establishments, retail food facilities, or warehouses where only packaged beverages or food in sealed cans or bottles is received, stored and shipped in the same package as received, without opening or modifying the original package. Section 14. Section 61.213 is hereby added to the San Diego County Code, to read as follows: 2 EXHIBIT A SEC. 61.213. VIOLATION OF ANY SECTION OF THIS CHAPTER IS A MISDEMEANOR. Any person who violates this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine not less than $25 or more than $1000 or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Every day any violations of this chapter shall continue shall constitute a separate and distinct offense. Section 15. Section 61.214 is hereby added to the San Diego County Code, to read as follows: SEC. 61.214. NUISANCE--POWER OF DIRECTOR. Every wholesale food warehouse kept, maintained or operated in violation of this chapter, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed or transported in violation of this chapter is declared a public nuisance. The Director is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Director is authorized and empowered to sunn~arily abate such nuisance by any reasonable means; otherwise, the Director shall inaugurate proceedings in accordance with Section 11.116, the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code, or shall seek a court order abating the nuisance. Nothing contained in this Code shall be deemed to limit the right and duty of the Director to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. Section 16. Section 61.215 is hereby added to the San Diego County Code, to read as follows: SEC. 61.215. PERMIT REQUIREMENT. A wholesale food warehouse shall not store, distribute, transport, ship, or otherwise handle food without all necessary permits, including a valid health permit. A wholesale food warehouse operating without the requisite permit may be subject to closure. Section 17. Section 61.216 is hereby added to the San Diego County Code, to read as follows: SEC. 61.216. PLAN REVIEW AND PERMITS. Any person proposing to build or remodel a wholesale food warehouse shall submit complete construction plans, drawn to scale, and specifications to the Environmental Health Department for review and approval before starting construction or remodeling. Any construction shall be in accordance with applicable health and building 3 EXHIBIT A codes. The Building Department shall not issue a building permit for a wholesale food warehouse until after it has received approval by the Environmental Health Department. Those facilities constructed prior to January 1, 2003 shall not be subject to plan review and construction upgrades unless the equipment, building or facilities are in disrepair, creating a public health nuisance, or undergoing remodeling. Section 18. Section 61.217 is hereby added to the San Diego County Code, to read as follows: SEC. 61.217. POSTING OF PERMIT. A wholesale food warehouse shall post its health permit in a conspicuous place in the establishment. Section 19. Section 61.218 is hereby added to the San Diego County Code, to read as follows: SEC. 61.218. RIGHT TO INSPECT. The Director may enter and inspect, any wholesale food warehouse or any place suspected of being a wholesale food warehouse and may issue inspection reports, official notices, and secure any sample, photograph or other evidence for the purpose of enforcing this chapter. Section 20. Section 61.219 is hereby added to the San Diego County Code, to read as follows: SEC. 61.219. RESISTING OR DISOBEYING A DIRECTOR PROHIBITED. No person shall refuse, resist or attempt to resist the entry of the Director into any establishment, facility, railway car, stage, vehicle, building, room, lot, place, or portion thereof in the County in the performance of his or her duty. No person shall refuse to obey any lawful order of the Director, made in the performance of his or her duties, within the power conferred upon him or her by state law or by this chapter. Section 21. Section 61.220 is hereby added to the San Diego County Code, to read as follows: SEC. 61.220. INSPECTION REPORT AND HEARING. The Director shall prepare a written report of inspection and a copy shall be supplied or mailed to the permittee of the facility inspected. If the permittee fails to comply with the requests of the Director, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing 4 EXHIBIT A him or her of a fight to a hearing, ifrequested, to showcausewhy the permit should not be suspended or revoked. Section 22. Section 61.221 is hereby added to the San Diego County Code, to read as follows: SEC. 61.221. PERMIT SUSPENSION. A health permit may be immediately suspended for repeated violations of this chapter, interference with the Director in the performance of his or her duty, or the presence of an immediate danger to the public health or safety unless the danger is immediately corrected. Section 23. Section 61.222 is hereby added to the San Diego County Code, to read as follows: SEC. 61.222. PERMIT SUSPENSION NOTICE. Whenever a permit is suspended for violating this chapter, the Director shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged and informing the permittee of the right to a hearing. Section 24. Section 61.223 is hereby added to the San Diego County Code, to read as follows: SEC. 61.223. SUSPENDED PERMIT REINSTATEMENT. A permit that has been suspended for violations of this chapter may be reinstated, if the Director determines that conditions which prompted the suspension no longer exist. Section 25. Section 61.224 is hereby added to the San Diego County Code, to read as follows: SEC. 61.224. PERMIT REVOCATION. The Director may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this chapter, interference in the performance of the duty of the Director, or an immediate danger to the public health or safety. Any wholesale food warehouse for which the permit has been revoked shall close and remain closed until a new permit has been issued. Section 26. Section 61.225 is hereby added to the San Diego County Code, to read as follows: SEC. 61.225. APPEAL OF REVOCATION. 5 EXHIBIT A A person aggrieved by the denial to of a permit may appeal from such denial to the Board of Supervisors in the manner set forth in Section 61.126. Section 27. Section 61.226 is hereby added to the San Diego County Code, to read as follows: SEC. 61.226. RIGHT TO IMPOUND. The Director may impound any equipment or utensil in a wholesale food warehouse, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Director may place a tag on impounded equipment or utensils that shall be removed only by the Director. Section 28. Section 61.227 is hereby added to the San Diego County Code, to read as follows: SEC. 61.227. RIGHT TO EMBARGO. The Director may embargo any food suspected of being adulterated, unfit for human consumption, misbranded, or falsely advertised. The embargoed food shall be identified with a tag, detained, released or discarded. Section 29. Section 61.228 is hereby added to the San Diego County Code, to read as follows: SEC. 61.228. RELEASE FROM IMPOUND OR EMBARGO. The Director shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Director. Section 30. Section 61.229 is hereby added to the San Diego County Code, to read as follows: SEC. 61.229. RESPONSIBILITY FOR VIOLATIONS. The owner, manager or operator of any wholesale food warehouse is responsible for any violation of this chapter by his or her employee. Section 31. Section 61.230 is hereby added to the San Diego County Code, to read as follows: SEC. 61.230. HEARING PROCEDURES. 6 EXHIBIT A Hearings shall be held regarding non-compliance with this chapter in the following manner: (a) Director requirement. The Director may require the owner, operator or manager of a wholesale food warehouse to attend an administrative heating to discuss violations of this chapter, disposition of embargoed or impounded items, the suspension or revocation of a health permit, or other significant issue related to food facilities. (b) Request of facility owner, operator or manager. The owner, operator or manager of a wholesale food warehouse may request an administrative hearing to discuss events related to the enforcement of the provisions of this chapter at his or her food facility. Such events include notices to comply, permit suspensions, and disposition of embargoed or impounded items. The owner, operator or manager must submit a request for a hearing within 15 calendar days after the event. A failure to request a hearing within 15 calendar days of the event shall be deemed a waiver of the tight to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the hearing officer may order a heating at a reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) Hearing rules and procedures and appeal are pursuant to section 61.125, 61.126. and 61.127. Section 32. Section 61.231 is hereby added to the San Diego County Code, to read as follows: SEC. 61.231. FOOD HANDLING. All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable federal and state laws and regulations including: Good Manufacturing Practices; the Food Sanitation Act; Sherman Food, Drug and Cosmetic Law; the California Business and Professions Code; and applicable sections of Title 17 of the California Code of Regulations. Preparation of food at wholesale shall only take place within a facility approved by and under the jurisdiction of the appropriate state or federal agency. Preparation of food includes the wholesale packaging or processing of unpackaged food, but does not include the trimming of or packaging of whole uncut produce. Section 33. Section 61.232 is hereby added to the San Diego County Code, to read as follows: SEC. 61.232. TEMPERATURE REQUIREMENTS. Potentially hazardous foods shall be maintained at a temperature at or below 41 degrees Fahrenheit or at or above 140 degrees Fahrenheit, except for the following: 7 EXHIBIT A (a) Unshucked live molluscan shellfish shall not be stored or displayed at a temperature above 45 degrees Fahrenheit. (b) Frozen foods shall be maintained in a frozen state. (c) Pasteurized milk and pasteurized milk products in original, sealed containers shall not be held at a temperature above 45 degrees Fahrenheit. (d) Raw shell eggs shall not be stored or displayed at an ambient temperature above 45 degrees Fahrenheit. Section 34. Section 61.233 is hereby added to the San Diego County Code, to read as follows: SEC. 61.233. ICE When ice is used in contact with food, it shall be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with Good Manufacturing Practices. Section 35. Section 61.234 is hereby added to the San Diego County Code, to read as follows: SEC. 61.234. EMPLOYEE SANITARY PRACTICES. No employee shall commit any act that may result in contamination or adulteration of any food, food contact surface, food packing material, utensil, or equipment. Section 36. Section 61.235 is hereby added to the San Diego County Code, to read as follows: SEC. 61.235. GENERAL SANITATION REQUIREMENTS. All wholesale food warehouses including all equipment, utensils, facilities, and exterior grounds shall be kept clean, free from vermin, fully operative, and in good repair. Section 37. Section 61.236 is hereby added to the San Diego County Code, to read as follows: SEC. 61.236. ANIMALS OR FOWL PROHIBITED. No live animal or fowl shall be kept or allowed in any wholesale food warehouse where food is prepared, manufactured, kept, stored, distributed, offered for sale, or sold. This section does not apply to dogs used by the blind, signal dogs, service dogs, such dogs in 8 EXHIBIT A training under proper supervision, dogs under the control of uniformed law enforcement officers, or dogs under the control of un/formed employees of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with section 7580) of Division 3 of the Business and Professions Code, while acting within the course and scope of their employment as private patrolmen. Section 38. Section 61.237 is hereby added to the San Diego County Code, to read as follows: SEC. 61.237. PLUMBING. Plumbing shall be installed according to the Uniform Plumbing Code and shall be protected fxom backflow, kept clean, fully operative, and in good repair. An adequate, protected, pressurized, potable water supply shall be provided. The water supply shall be from a water system approved by the Director or the state department. Section 39. Section 61.238 is hereby added to the San Diego County Code, to read as follows: SEC. 61.238. SEWAGE DISPOSAL. Sewage disposal shall be made into an approved sewerage system. Wastewater disposal shall comply with National Pollutant Discharge Elimination System (NPDES) and local wastewater treatment district standards. Section 40. Section 61.239 is hereby added to the San Diego County Code, to read as follows: SEC. 61.239. SANITARY SUPPLIES AND SIGNS. (a) Toilet tissue shall be made available in permanently mounted dispensers at each toilet. (b) Each hand-washing sink shall be provided with a permanently mounted dispenser supplied with single service soap, and a permanently mounted single service towel dispenser or other approved hand-drying device. (c) Signs shall be posted directing employees to properly wash their hands after using the toilet. Section 41. Section 61.240 is hereby added to the San Diego County Code, to read as follows: SEC. 61.240. RUBBISH, OFFAL, GARBAGE, AND PUTRESCIBLE MATTER. (a) Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize development of odor, minimize the potential for the waste becoming an attractant, 9 1.2 .-./! EXHIBIT A harborage, or breeding place for vermin; protect against contamination of food, food contact surfaces, water supplies, and ground surfaces; and prevent the creation of any other nuisance. (b) Any garbage and putrescible matter shall be maintained in leakproof receptacles with close fitting lids. Such receptacles shall be thoroughly cleaned each time their contents are removed. (c) Adequate means shall be provided to prevent overflows of the refuse bin containers. Refuse pick up service shall be regular (not to exceed seven days). The size and/or number of refuse bin containers shall be adequate to prevent the creation of a nuisance. Section 42. Section 61.241 is hereby added to the San Diego County Code, to read as follows: SEC. 61.241. RETURNED OR DAMAGED FOODS. All returned or damaged food and food products shall be safe and wholesome before return to inventory storage for distribution or sale. Section 43. Section 61.242 is hereby added to the San Diego County Code, to read as follows: SEC. 61.242. CONSTRUCTION AND EQUIPMENT. It is unlawful to operate a wholesale food warehouse unless such operation is within buildings capable of being fully enclosed with floors, walls and overhead structure in compliance with this chapter. All buildings shall be of sound construction in accordance with all applicable codes; designed and maintained so as to provide proper drainage, plumbing, lighting, and ventilation. Section 44. Section 61.243 is hereby added to the San Diego County Code, to read as follows: SEC. 61.243. FLOORS. The floor surfaces in walk-in refi'igerators and freezers, food storage areas, utensil washing areas, refuse or garbage storage areas, and toilet rooms shall be of such construction and material so as to be smooth; impervious to water, grease and corrosives; and easily cleanable. A minimum four inch (4") high approved coved base with a minimum three-eighths inch (3/8") radius shall be provided at the juncture of the wall and floor, except in refuse or garbage storage and warehouse areas. Section 45. Section 61.244 is hereby added to the San Diego County Code, to read as follows: 10 EXHIBIT A SEC. 61.244. WALLS. Walk-in refrigerators and freezers, utensil-washing areas and toilet rooms shall have walls which are smooth, nonabsorbent, and have a washable finish. Section 46. Section 61.245 is hereby added to the San Diego County Code, to read as follows: SEC. 61.245. CEILINGS. The ceilings in walk-in refrigerators, walk-in freezers, utensils washing areas and toilet rooms shall be smooth, nonabsorbent and have a washable finish. Section 47. Section 61.246 is hereby added to the San Diego County Code, to read as follows: SEC. 61.246. VENTILATION. (a) Approved ventilation shall be provided throughout the establishment to keep all areas reasonably free from excessive heat, steam, condensation, smoke, and vapor, and to provide reasonable comfort for all employees. (b) Toilet rooms and janitorial rooms shall be provided with an openable screened window, mechanical ventilation, or other approved ventilation system. Section 48. Section 61.247 is hereby added to the San Diego County Code, to read as follows: SEC. 61.247. VERMIN PROOFING. Wholesale food warehouses shall at all times be so constructed, equipped, maintained and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. Section 49. Section 61.248 is hereby added to the San Diego County Code, to read as follows: SEC. 61.248. SANITARY FACILITIES. (a) Employee handwash lavatories shall be provided within or adjacent to toilet rooms. Warm running water under pressure of at least 100 degrees Fahrenheit shall be provided through a mixing valve or combination faucet. Spring operated faucets are not permitted. (b) Separate toilet facilities for each sex are required if there are five or more employees per shift. Urinals may be substituted for toilets in toilet rooms for males but shall not exceed one-third (1/3) of the required number of toilets. Required number of toilets and 11 EXHIBIT A hand washing sinks are dependent upon the number of employees in accordance with the Uniform Plumbing Code. Toilet rooms shall be separated from other portions of the wholesale food warehouse by well-fitting, properly labeled, self-closing doors. (c) All utensils used for handling unpackaged food or the trimming of produce shall be washed, rinsed, and sanitized in an approved three-compartment utensil-washing sink. A two-compartment sink may be used when alternative approved sanitation methods are used. Utensil-washing sinks shall be equipped with a supply of hot (minimum 120 degrees Fahrenheit) and cold running water under pressure through a mixing valve or combination faucet. Section 50. Section 61.249 is hereby added to the San Diego County Code, to read as follows: SEC. 61.249. FOOD STORAGE. Adequate warehousing/storage facilities shall be provided for the storage or distribution of food. All food shall be properly stored a minimum of six inches (6") above the floor on shelving. Pallets may be used in lieu of shelving if equipment is available on demand to move the pallets. All storage racks and equipment for the storage of food or food products shall be constructed, and all sacks, boxes and other food containers shall be so arranged as to permit and facilitate the flushing with water, other cleaning and inspection of storage room floors and walls. At least twelve inches (12") of unobstructed space from the wall shall be provided in warehouse storage areas. Section 51. Section 61.250 is hereby added to the San Diego County Code, to read as follows: SEC. 61.250. JANITORIAL FACILITIES. The following janitorial facilities are required at a wholesale food warehouse: (a) A room, area, or cabinet, separated from any food or utensil-washing area, shall be provided for the storage of cleaning equipment and supplies such as mops, buckets, brooms, and cleaners. (b) At least one of the following, provided with hot (at least 120 degrees Fahrenheit) and cold water under pressure through a mixing valve, to be used for general cleaning purposes and for the disposal of mop bucket waste and other liquid wastes: (1) A one-compartment, non-porous janitorial sink/mop sink (stainless steel, porcelain or fiberglass). (2) A slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain, connected to approved sewerage. 12 EXHIBIT A Section 52. Section 61.251 is hereby added to the San Diego County Code, to read as follows: SEC. 61.251. REFRIGERATORS AND FREEZERS. (a) Each wholesale food warehouse where potentially hazardous food is packaged, stored, distributed, or held for transfer must have adequate approved refrigeration. (b) Each refrigeration unit shall be equipped with accurate, readable thermometers. Section 53. Section 61.252 is hereby added to the San Diego County Code, to read as follows: SEC. 61.252. ICE MACHINES. All icemakers shall be located within the approved wholesale food warehouse. Condensate and ice melt shall be drained to an approved floor sink by means of an indirect connection. Section 54. Section 61.253 is hereby added to the San Diego County Code, to read as follows: SEC. 61.253. FLOOR SINKS. Floor sinks shall be properly plumbed and installed with the sink top flush with the floor surface. All condensate and similar liquid waste shall be drained by means of a rigid indirectly connected waste lines into open floor sinks, or as approved by the Director. Horizontal runs of drain lines shall be at least six inches (6") off the floor, sloped toward floor sinks at a rate of one quarter inch (1/4") per foot, and shall terminate at least one inch (1") above the overflow rim of the floor sink. Floor sinks shall be located so that they are readily accessible for inspection, cleaning, and repaim, and not located in a walkway. Waste lines shall not cross any aisle, traffic area, or door opening. Floor sinks are not permitted inside walk-in units unless they are indirectly connected to the sewer system through a legal air gap. Section 55. Section 61.254 is hereby added to the San Diego County Code, to read as follows: SEC. 61.254. AISLES AND WORK SPACE. Aisles or working spaces between equipment or between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties in accordance with local building and fire codes. Section 56. Section 61.255 is hereby added to the San Diego County Code, to read as follows: 13 EXHIBIT A SEC. 61.255. FLOOR DRAINS. Adequate floor drams shall be provided in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on to the floor. Section 57. Section 61.256 is hereby added to the San Diego County Code, to read as follows: SEC. 61.256. TRANSPORTATION OF FOOD. No person shall carry, transport, or convey any food for commercial purposes unless such food is protected firom contamination. All potentially hazardous foods shall also be kept at a temperature pursuant to SEC. 61.232 (TEMPERATURE REQUIREMENTS). All vehicle food compartments shall be maintained clean, sanitary, and in good repair. 14 { GARY W. ERBECK DIRECTOR DEPARTMENT OF ENVIRONMENTAL HF. ALTH P,O, BOX 129281, SAN DIEGO. CA 92112-9281 (819) 338-2222 FAX (61g} 338-2088 1-800-253-g933 www.sdcdeh.org '-EXHIBn"I~ Mamh 14. 2003 Mr. David Rowlands, Jr., City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91912-1087 RE~ Cooperative Re~i0nal Regulation of Wholesale Food Warehouses Dear Mr. Rowiands: Late last year the County received a number of complaints concerning conditions at wholesale food warehouses. The County investigated those complaints, and discovered evidence of rodent infestations, mishandling of recalled food, and other conditions that could lead to foodbome illness, This is a problem for all of the cities in San Diego County, because wholesale food shipments routinely cross city boundaries, The County is unable to address this problem adequately based on state law. Retail food facilities are subject to a comprehensive state regulatory program that is administered by the County, but state law contains only a few basic sanitary requirements for most wholesale food warehouses. The County has responded to these problems by enacting a County ordinance. Thatordlnance was enacted with the support of the California Restaurant Association San Diego Chapter, the San Diego County Food and Beverage Association, and the California Independent Grocers and Convenience Stores. The ordlnance establishes a mandatory permit program, with fees to support program costs. Facilities required'to have permits must submit to regular inspections, and must comply with the substantive requirements set out in the ordinance. I have enclosed a copy of the County ordinance provisions. To be truly protective, this program needs to be applied countywide. To achieve that, the Copnty has prepared a model City ordinance, for use by willing cities in San Diego. A copy is enclosed. Adoption of a City ordinance based on this model would incorporate the County program by reference, and establish a program within the City that parallels the County program. The model ordinance also authorizes the City Manager to enter into any supplemental or modified agreement wilh the County that might be needed to provide for County administration of this program. We request that you revise this model to conform to your ordinance adoption procedures, and propose adoption to your City Council. "Environmental and public health through leadership, partnership and science" -- -- EXHIBIT B Mr. David Rowlands, Jr., City Manager City of Chula Vista - 2 - - March 14, 2003 The County would like to administer this program countywide, as it now administers other public health and environmental health programs. We believe the required framework for County administration is already in place. The County and the City already have an agreement in place under which the County provides services of this kind within the City, on a fee-supported basis. To support that arrangement, your city also has ordinance provisions in place that provide for the County to collect appropriate permit fees from businesses within the City that are subject to County administered regulatory programs. The County has incorporated a food warehouse fee into an update to the existing schedule of fees you have authorized the County to collect. Other County fees relevant to services provided by the County in your city have also been updated recently. In some cities .these County fee updates become applicable automatically. In other cities, governing body action is needed to update County- related fees. We will be separately requesting that all cities that have not done so enact a local ordinance that provides for automatic fee updates. If you have any questions about the need for this program, or need any further assistance puffing this program in place, please cell Liz Quara~ta,.Chief of Food and Housing for DEH at (619) 338- 2360. The County could review and comment on. draft materials, and would also be pleased to provide a speaker to assist you in presenting this matter for consideration by your City Council. Thank you for your assistance in better protecting the health of consumers in San Diego. Department o~En~ir n nte Hea Attachments (2) / Ordinance No. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 8.21 RELATING TO THE REGULATION OF WHOLESALE FOOD WAREHOUSES WHEREAS, wholesale food warehouses are not adequately regulated by the State of California; and WHEREAS, recent inspections of some of these food warehouses by the County of San Diego (hereinafter "County") have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food borne illness; and WHEREAS, the County responded to these problems by enacting Ordinance No. 9525 (New Series), which established a mandatory permit program, a permit fee, and regulatory requirements applicable to wholesale food warehouses; and WHEREAS, because the food stored in wholesale food warehouses is frequently distributed across city boundaries, an effective regional food warehouse permitting and regulatory program requires enactment of consistent regulatory ordinances throughout the County and cooperation between cities and the County to implement that ordinance; and WHEREAS, the County cannot enforce its wholesale food warehousing regulation in the City of Chula Vista (hereinafter "City") without the City adopting those regulations as its own; and WHEREAS, the City has an agreement in place with the County that provides for certain services related to public health and sanitation to be provided by the County within the City; and WHEREAS, the City desires that the County also implement the permitting and regulatory program established by this ordinance. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 8.21,010 of the Chula Vista Municipal Code is amended to read: Chapter 8.21 WHOLESALE FOOD WAREHOUSES Sections: 8.21.010 8.21.020 8.21.030 8.21.040 Purpose and intent Adoption of San Diego County Ordinance Regulating Wholesale Food Warehouses By Reference Administration and enforcement Fees 8.21.010 Purpose and intent Wholesale food warehouses are not adequately regulated by the State of California and recent inspections of some of these food warehouses by the county of San Diego have revealed rodent infestations, mishandling of recalled food, and other conditions that could lead to food borne illness. Therefore, it is the purpose of the city council to adopt, in accordance with the requests of the County of San Diego, the regulatory ordinances adopted in CVMC Section 8.21.020 by the county for the regulation of wholesale food warehouses. Furthermore, it is the intent of the city council through the adoption of the ordinances as they may currently read er hereinafter be amended by reference to assist in every way in carrying out the wholesale food warehouse regulatory program being conducted by the county. 8.21.020 Adoption of San Diego County Ordinance regulating wholesale food warehouses by reference The city council adopts the provisions of the County of San Diego Code of Regulatory Ordinances concerning permitting and regulation of wholesale food warehouses, codified at sections 61.212 through 61.256, by reference and incorporates these provisions into the Chula Vista Municipal Code as if set forth in full. The city council concurs with the determination that sections 61.212 through 61.256 (the wholesale food warehousing ordinances of the county) may be implemented throughout the county as it presently exists or as may be amended or supplemented in the future by the county without further approval by the city council. Sections 61.212 through 61.256 of the County of San Diego Code of Regulatory Ordinances, which relate to wholesale food warehousing, shall be maintained on file in the office of the city clerk. 8.21.030 Administration and enforcement The County of San Diego Department of Environmental Health is authorized and empowered to make inspections and issue permits to the owners and/or operators of wholesale food warehouses that hold or distribute food at wholesale. The County Department of Environmental Health shall also be responsible for enforcing the provisions of this chapter. 8.21.040 Fees Every person regulated by this chapter shall pay the required fee or fees associated with administration and enforcement of the wholesale food warehouse permit and inspection program, including, but not limited to, a permit fee, fee for inspection, fee for failure to file an application, late fee, and finance charge. The exact amount and method of application of the fee or fees shall be determined by the county of San Diego and kept on file at the County Department of Environmental Health and the Office of the City Clerk. Such fees may be adopted, amended or supplemented by the County without approval by the City Council. The County of San Diego shall retain all fees and charges collected by it from regulated wholesale food warehouse owners or operators. /2 .,-. 2_O SECTION II. SECTION III. The City already has an agreement in place with the County of San Diego that provides for certain services related to public health and sanitation to be provided by the County within the City. The City desires that the County also implement the permitting and regulatory program established by this ordinance. The City Manager is hereby authorized to enter into any supplemental or modified agreement with the County of San Diego that may be needed to effect this purpose. This Ordinance shall take effec[ and be in full force on the thirtieth day from and after its adoption. Submitted by: Robert A. Leiter Planning and Building Director Approved as to form by: Ann Moore City Attorney COUNCIL AGENDA STATEMENT Meet]ag Date 5/2?/03 ITEM TITLE: Resolution Amending the fiscal year 2003 General Fund Operating Budget in various departments, by $451,000, to fund increased workers' compensation expenses through the end of fiscal year 2003 and appropriate $451,000 from the Workers' Compensation Fund available reserves to transfer to the General Fund for the increased costs SUBMITTED BY: Director of Human Resources Director of Fin~ REVIEW BY: City Manager C/ (4/Sths Vote: Yes X No __) Workers' compensation insurance premium increases greater than anticipated, coupled with legislatively mandated mid-year benefit increases and extraordinary claim costs ,have resulted in a shortfall of funds available to cover claims expenses through the end of the fiscal year. This appropriation and the associated allocation of funds will cover these costs. RECOMMENDATION: That Council adopt'the resolution amending the fiscal year 2003 General Fund Operating Budget in various departments, by $45:t,000, to fund increased workers' compensation expenses through the end of fiscal year 2003 and appropriate $451,000 from the Workers' Compensation Fund available reserves to transfer to the General Fund to fund the increased costs. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: When preparing the 2002/03 budget the extent to which workers' compensation insurance premiums have increased was unfathomable. Additionally the impact of mid-year legislatively mandated benefit increases was underestimated. Finally, there have been some extraordinary claims expenses that were not anticipated. We anticipate that the City will receive reimbursement from our insurer for a large portion of these extraordinary expenses. Until that time it is necessary to continue to pay the associated costs on an on-going basis. Tn order to do so and to pay other claim expenses the requested appropriation is necessary. Staff will spread the increase to the various departments with a formula based on the prior five fiscal year claims per department (see attached). There will be some offsetting reimbursements from insurance proceeds related to some of these claims, ~TEM /~ P^ E ^TE The reimbursements will be passed along to the various departments in the form of reduced costs (actual cost-reimbursements) in subsequent fiscal years. The projected available reserves are currently estimated to be $848,124. After the requested appropriation the projected available fund balance will be $397,124. FISCAL ]:I~IPACT: There will be no fiscal impact to the General Fund. The Workers' Compensation Fund reserves will decrease by $451,000. The appropriation will be made in both the Workers' Compensation Fund and in the General Fund budgets based on the attached spreadsheet. The Workers' Compensation fund will appropriate funds from its reserves and transfer the money out to the General Fund. The transfer out from the Workers' Compensation fund to the General Fund will offset the increased costs to the various departments. There will be some offsetting reimbursements from insurance proceeds related to some of these claims. These reimbursements will be used to refurbish the Workers' Compensation Fund and will be credited to the various departments for credit in future experience based cost allocations. Page I of 2 WORKERS COMPENSATION DISTRIBUTION REPORT: ESTIMATED FY 2002-2003 ORG KEY 03100 04100 05100 05700 05810 06170 06300 07310 07730 07750 07780 08300 08500 08700 11100 12100 12333 12531 12551 14100 14221 14226 14241 14245 14260 14321 14345 14347 14350 14361 14363 14411 14430 14440 14510 14521 14523 14530 14560 14600 14700 15700 16333 16335 16355 16373 16375 16393 16395 16397 Projected 5 YR FY02/.03 TOTAL Addt'l for DEPT/ACTV NAME PERCENT Actual Claims CITY CLERK OPERATIONS 0.0254% 115 CITY ATTORNEY ADMIN 0.0079% 36 CITY ADMINISTRATION 0.0069% 31 OFFICE OF BUDGET & ANALYSYS 0.0044% 20 ADMIN SPECIAL OPERATIONS 0.1566% 706 MIS PROGRAMMING (DATA PROCESS) 0.0695% 314 GEOGRAPHIC INFORMATION SYSTEMS 0.1027% 463 HUMAN RESOURCES OPERATIONS 0.2112% 952 LIABILITY 0.2283% 1,030 BENEFITS 0.1445% 652 DISABILITY MANAGEMENT 0.0016% 7 FINANCE OPERATIONS 0.0867% 391 TREASURY (COLLECTIONS) 0.0178% 80 PURCHASING 0.0974% 439 COMMUNITY DEVELOPMENT ADMIN 0.7563% 3,411 PLANNING & BUILDING ADMIN 0.0009% 4 BUILDING FIELD INSPECTION 0.8586% 3,872 DEVELOPMENT PLANNING 0~0039% 0 LONG RANGE PLANNING 0.0007% 3 POLICE ADMINISTRATION 1.6393% 7,393 PATROL GENERAL FUND 36.5680% 164,927 UNIVERSAL HIRE GRANT 0.0058% 26 TRAFFIC ENFORCEMENT 0.0826% 373 TRAFFIC STOP PROGRAM 0.0052% 23 POLICE COMMUNICATIONS 0.6184% 2,789 INVESTIGATION GENERAL 5.1341% 23,155 HIGH SCHOOL SRO 0.2544% 1,147 COPS IN SCHOOL 1999 0.0033% 15 FAMILY PROTECTION UNIT 0.0605% 273 CRIMES OF VIOLENCE 0.1483% 669 JUDGE GRANT 0.0060% 27 POLICE ADMIN SERVICES GENERAL 2.4490% 11,045 RECORDS 0.3312% 1,494 INTERNAL AFFAIRS 0.9068% 4,090 SPECIAL INVESTIGATIONS UNIT 0.0063% 28 NARCOTICS ENFORCEMENT TEAM 1.1209% 5,055 OP ALLIANCE/MARINE/MAJOR MEX. DR. 0.1008% 454 CRIME ANALYSIS 0.2308% 1,041 SVPP 0.9591% 4,326 POLICE CBAG 0.1859% 838 ANIMAL CONTROL 1.2475% 5,626 FIRE SUPPRESSION 25.2744% t 13,990 DESIGN 0.0791% 357 DC INSPECTION 0.0889% 401 WASTEWATER ENGINEERING 0.0280% 126 SUBDIVISIONS 0.0559% 252 PERMITS 0.0027% 12 TRAFFIC ENGINEERING 0.2351% 1,060 TRAFFIC SIGNAL/ST. LIGHT MAINT. 0,0204% 92 DIF/ADMIN/ASSESSMENT DISTRICT 0.0025% 11 0.2570% 1,159 1 R T 0 S ADMINISTRATION Claims Shortfall /:3-3 Page 2 of 2 WORKERS COMPENSATION DISTRIBUTION REPORT: ESTIMATED FY 2002-2003 ORG KEY DEPTIACTV NAME 16723 16731 16740 16753 16755 16757 16761 16763 16781 16783 16785 16791 17100 17310 17320 17330 17350 17370 17510 17530 17570 17710 17720 17730 17740 18100 18311 18321 18355 18365 18911 18912 24100 24110 28140 39120 19100 Projected 5 YR FY02/03 TOTAL Addt'l for PERCENT Actual Claims STRIPING & SIGNING 0.1392% 628 STREET MAINTENANCE 0.9202% 4,151 URBAN FORESTRY MAINTENANCE 0.8828% 3,983 WASTEWATER MAINTENANCE 5.2494% 23,677 LIFT STATION/POOL MAINTENANCE 0.0141% 64 STORM DRAIN MAINTENANCE 0.0145% 66 CONSTRUCTION & REPAIR 0.2209% 996 CUSTODIAL SERVICES 1.2243% 5,523 PARK OPERATIONS ADMINISTRATION 0.0021% 10 PARK MAINTENANCE 5.7929% 26,128 J ST. MARINA 0.1341% 605 OPEN SPACE ADMINISTRATION 0.0017% 7 RECREATION ADMINISTRATION 0.0848% 382 AQUATICS 0.1357% 612 PARKWAY POOL 0.0202% 91 LOMA VERDE POOL 0.0624% 281 ATHLETICS MANAGEMENT 0.0163% 74 YOUTH ATHLETICS 0.2907% 1,311 NORMAN PARK CENTER 0.0557% 251 THERAPEUTICS 0.0236% 106 MIDDLE SCHOOL PROGRAM 0.0417% 188 OTAY RECREATION CENTER 0.0086% 39 LAUDERBACK REC CENTER 0.0332% 150 LOMA VERDE REC CENTER 0.0393% 177 PARKWAY REC CENTER 0.0001% 1 LIBRARY & REC ADMINISTRATION 0.0752% 339 LIBRARY ADMINISTRATION 0.0772% 348 MANAGEMENT 1.5579% 7,027 CiViC CTR/CIRCULATION 0,0034% 15 SO, CHULA VlSTNCIRCULATION 0.0036% 16 ELEMENTARY AFTER .SCHOOL 1.0888% 4,912 STRETCH PROGRAM 0.0088% 40 PARKING METER 0.7328% 3,305 PARKING METER 0.0941% 424 USED OIL YR 3 UBG5-96-2055 0.0006% 3 CENTRAL GARAGE OPERATIONS 0.0495% 223 BCT 0.0101% 46 TOTALS 1.00 451,000.00 451,000 Addtl FY02/03 for Actual Claims Shortfall RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 GENERAL FUND OPERATING BLrDGET IN VARIOUS DEPARTMENTS, BY $451,000, TO FUND INCREASED WORKERS' COMPENSATION EXPENSES THROUGH THE END OF FISCAL YEAR 2003 AND APPROPRIATE $451,000 FROM THE WORKERS' COMPENSATIO¥ FUND AVAILABLE RESERVES TO TRANSFER TO THE GENERAL FUND FOR INCREASED COSTS WHEREAS, Workers' Compensation premium increases greater than anticipated, coupled with legislative mandated mid-year benefit increases and extraordinary claim costs have resulted in a shortfall of funds available to cover claims expenses through the end of the fiscal year; and WHEREAS, staff anticipate that the City will receive reimbursement from ou~- insurer for a large portion of these extraordinary expenses; and WHEREAS, until that time, it is necessary to continue to pay the associated costs on an on-going basis; and WHEREAS, in order to do so and to pay other claim expenses the requested appropriation is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2003 General Fund Operating Budget in various departments, by $451,000, to fund increased workers' compensation expenses through the end of the fiscal year 2003 and appropriate $451,000 from the Workers' Compensation Fund available reserves to transfer to the General Fund for the increased costs Presented by Approved as to form by Marcia Raskin Director of Human Resources Ann Moore City Attorney J:Attomey/Reso/Finance/Workers Cornpensation COUNCIL AGENDA STATEMENT Item: I ~ Meeting Date: 5/27/03 ITEM TITLE: Resolution transferring $3,888,945 of Developer contribution from the Capital Improvement Fund to the Park Acquisition and Development Fund; unencumber $3,888,945 from CIP project PR-238 (Neighborhood Park Construction - Sunbow Development) from the Capital Improvement Fund; and appropriating $3,420,117 from the available balance of the Park Acquisition and Development Fund; and appropriating $866,125 from the available balance of the Public Facilities Development Impact Fee Fund to CIP project PR-238 (to be renamed Veterans Park). SUBMITTED BY: Resolution approving a Design Build Agreement with Douglas E. Bamhart Inc. for the provision of services required to design and construct Veterans Park, located along East Palomar between Davies Drive and Medical Center Court in eastern Chula Vista, and authorizing the Mayor to execute said agreement Andy Campbell, Director of Building and Park Constructior~ REVIEWED BY: City Manager ~'~ O(~ (4/5tbs Vote: Yes X No ) The City Council previously approved CIP project #PR-238 and the Master Plan for Veterans Park which conceptually designed and provided for the construction of a completed and fully fimctional park and recreation center. The project is ready to begin the design phase. The resolutions before council this evening will appropriate needed funds to design and construct the project and award Douglas E. Barnhart, Irlc. the Design Build Agreement for Veterans Park. RECOMMENDATION: That the City Council approve the appropriation of funds to CIP #PR- 238 and the Design Build Agreement with Douglas E. Bamhart, Inc. for the provision of services required to design and construct Veterans Park and authorize the Mayor to execute said agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On April 17, 2000, the Department of Building and Park Construction issued an RFQ, pursuant to Section 2.57 of the Chula Vista Municipal Code, for Construction Management and Design Build Services to assist staff in the work required to design and construct needed City facilities. lq' l Page 2, Item: I ~ Meeting Date: 5/27/03 On May 19, 2000, the City received eighteen proposals in response to the RFQ. Afler reviewing the proposals the City's selection committee, appointed by the City Manager, invited six firms to interview and based upon the RFQ responses and interviews a priority list of Construction Managers and Design Builders was created. This priority list was approved by Council on June 20, 2000 and remains current for three years. On March 17, 2003, in accordance with Section 2.57 of the Chula Vista Municipal Code, the City invited three Design Build firms off the priority list to interview for services to design and construct a fully functional park and recreation center at Veterans Park. The three firms invited to interview were Douglas E. Bamhart, Inc., Turner Construction Company and Vanir Construction Management, Inc. Based on these interviews, Douglas E. Bamhart, Inc. was selected as the Design Builder with the most extensive construction experience for this type of project and who could best meet the City's aggressive development schedule. DESIGN/BUILD Staff is recommending the City enter into an agreement with Douglas E. Bamhart, Inc. for the provision of services required to design and construct Veterans Park. This will be the City's sixth utilization of the design/build process as a project delivery system. The design/build process includes functions that are quite different from the design/bid/build process typically used for City construction projects. The design/build process employs a single entity, either a general contractor or an architect, which provides both design and construction services. In the typical scenario, a design/build oriented general contractor provides the design and construction services. Alteruatively, an architectural finn may provide the design services and hire the general contractor on a consulting basis for the construction phase. In this later scenario, the architectural finn will be held responsible for all aspects of the project. In the case of Veterans Park, the design/build process will place sole responsibility for delivery of the project upon Douglas E. Bamhart, Inc., a general contractor. Douglas E. Bamhart, Inc. will subcontract for the design and consulting services, and trade contracts during the construction phase. Generally utilization of a design/build process will provide savings in cost and time because the entire project is managed and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple entities and overhead on one project. The design/build process provides the City the flexibility to work with the best contractors in the County as it does not necessarily require award to the lowest responsible bidder. PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS As proposed, the Design/Build Agreement with Douglas E. Bamhart, Inc. will provide the City with a fully functional park and recreational center that will be located in the Sunbow neighborhood and will provide service to residents of that community as well as other residents of the City. The scope of work includes but is not limited to the following: Design and construct for the City a fully functional park and recreation center as outlined in the "Neighborhood Park at Sunbow, Approved Master Plan", dated 12/4/02. The park and recreation center shall include, but not be limited to all components described in the document titled "Neighborhood Park at Sunbow, Approved Master Plan", dated 12/4/02. Page 3, Item: Meeting Date: 5/27/03 The Project is located on the north side of East Palomar Street between Davies Drive and medical Center Court in Chula Vista. Douglas E. Barnhart, Inc. shall perform all services, work, and obligations as described necessary to provide a fully completed and functional Project, which shall include design services, general conditions and construction management for the not to exceed mount of $1,141,005. At 90% construction documents a Guaranteed Maximum Price (GMP), not to exceed the amount of $7,686,000, will be established as part of the agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional park and recreation center in accordance with all applicable building codes. In the first quarter of 2004, Staff will return to Council for approval of the GMP. At that same time, Staff will also request that Council appropriate the necessary funds from the Park Acquisition and Land Development Fund and Public Facilities Development Impact Fee Fund to construct the project. CHANGE ORDERS Under the design/build process, change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by the City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the design/build construction technique. PROJECT COMPLETION DATES Douglas E. Bamhart, Inc. has agreed and the contract reflects the following completion dates: Substantial Completion: August 2005. Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work. · Final Completion: October 2005 Final Completion shall occur at the conclusion of construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully occupy and utilize entire project; Final Completion shall further mean that all goods, services and systems be provided under the terms and conditions of the Construction Documents are in place and have been tested, and are operationally functional. Page 4, Item: [~' Meeting Date: 5/27/03 ENVIRONMENTAL STATUS The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the adopted Sunbow General Development Plan Final Environmental Impact Report, EIR 88-01 and subsequent Addendum. Thus, no further environmental review or documentation is necessary. FISCAL IMPACT: Douglas E. Bamhart, Inc. shall perform design services, general conditions, and construction management for the not to exceed amount of $1,141,005. At 90% complete documents a Guaranteed Maximum Price (GMP) will be established as part of the agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional park and recreation center in accordance with all applicable building codes. The total estimated Project costs are $8,780,117 and are broken down as follows: Master Plan; $115,000(completed), Design and Construction; $7,466,295 and furniture, fixtures, equipment, specialty consultants, contingencies and staff tim~; $1,198,822. Staff will return to Council for approval of the GMP once the construction documents reach 90% completion. At the same time, staff will request that Council appropriate additional funds fi:om the Park Acquisition and Land Development Fund and Public Facilities Development Impact Fee Fund to construct the project. The funds being appropriated at this time are developer contributions that were made provided by ACI Sunbow and established in an agreement between the City and ACI Sunbow dated October 10, 2000 and adopted by Resolution No. 2000-351. This agreement set forth the manner in which the contributions could be utilized by the City for park purposes and the appropriations herein are in compliance with said agreement. All costs of the project will be funded by the Park Acquisition and Land Development Fund and the Public Facilities Development Impact Fee Fund. There will be no General Funds in the construction of the facility. When staffretums to Council for approval of the GMP, it will also provide an analysis of the projected operating costs of the facility. Attachments: Attachment 1 - Design/Build Agreement J:~BPC~BPC Administration\Council Agenda\Veterans Park\Veteran's Park DBA A113.doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $3,888,945 OF DEVELOPER CONTRIBUTION FROM THE CAPITAL IMPROVEMENT FUND TO THE PARK ACQUISITION AND DEVELOPMENT FUND; UNENCUMBER $3,888,945 FROM CIP PROJECT PR- 238 (NEIGHBORHOOD PARK CONSTRUCTION - SUNBOW DEVELOPMENT) FROM THE CAPITAL IMPROVEMENT FUND; AND APPROPRIATING $3,420,117 FROM THE AVAILABLE BALANCE OF THE PARK ACQUISITION AND DEVELOPMENT FUND; AND APPROPRIATING $866,125 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO CIP PROJECT PR-238 (TO BE RENAMED VETERANS PARK) WHEREAS, ACI Sunbow and the City entered into an agreement dated October 10, 2000 and adopted by Resolution 2000-351 (Park Agreement) to fulfill all of ACI Sunbow's park requirements for certain real property as identified in the Park Agreement; and WHEREAS, said Park Agreement provided for a developer contribution to the construction of a 10 acre park within the ACI Sunbow, LLC development; and WHEREAS, the 10 acre park has subsequently been master planned pursuant to the Park Agreement and renamed as Veteran's Park; and WHEREAS, said Park Agreement set forth the manner by which the contributions could be utilized by the City for park purposes; and WHEREAS, the transferring of funds and appropriation of funds provided for herein are necessary to effectuate and comply with the terms of the Park Agreement; and WHEREAS, the City Council previously approved CIP project #PR-238 and the Master Plan for Veteran's Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby transfer $3,888,945 of developer contribution from the Capital Improvement Fund to the Park Acquisition and Development Fund. BE IT FURTHER RESOLVED that the City Council does hereby unencumber $3,888,945 from CIP Project PR-238 (Neighborhood Park Construction -- Sunbow Development) from the Capital Improvement Fund. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $3,420,117 from the available balance of the Park Acquisition and Development Fund and appropriates $866,125 from the available balance of the Public Facilities Development Impact Fee Fund to CIP Project PR-238 (to be renamed Veterans Park). Presented by Cliff Swanson Director of Engineering J:\Attomey\P, ESO\CIP PROJECT PR-238 doc Approved as to form by 2 RESOLUTION NO. 2003- RESOLUTION O15 THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART, INC. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT VETERANS PARK, LOCATED ALONG EAST PALOMAR BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT 1N EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City Council previously approved CIP Project #PR-238 and the Master Plan for Veterans Park which conceptually designed and provided for the construction of a completed and fully functional park and recreation center; and WHEREAS, the project is ready to begin the design phase; and WHEREAS, Douglas E. Barnhart, Inc. successfully competed in a Request for Qualifications process to be placed on a pre-approved priority list of design builders; and WHEREAS, Municipal Code section 2.57 provides for an abbreviated competition among contractors already on the Priority List of Design Builders; and WHEREAS, Douglas E: Barnhart and two other firms were invited to interview to provide the services necessary to design and constrnct Veteran's Park; and WHEREAS, Douglas E. Bamhart, Inc., was selected as the Design Builder with the most extensive construction experience for this type of project and who could be meet the City's aggressive development schedule; and WHEREAS, the design/build process will place sole responsibility for delivery of the project upon Douglas E. Bamhart, Inc., a general contractor; and WHEREAS, staff recommends that the City enter into a Design Build Agreement with Douglas E. Bamhart, Inc. for the provision of services required to design and construct Veterans Park; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the adopted Sunbow General Development Plan Final Environmental Impact Report, EIR 88-0I and subsequent Addendum. Thus, no further environmental review or documentation is necessary. lq-7 NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Chula Vista does hereby approve a Design Build Agreement with Douglas Bamhart, Inc. for the provision of services required to design and construct Veterans Park, located along East Palomar between Davies Drive and Medical Center Court in eastern Chuta Vista, a copy of which shall be kept on file in the office of the City Clerk and hereby authorizes the Mayor to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Andy Campbell Director of Building and Park Construction J:Xattomey\reso\Ag~eements\Dcsign Build Veterans Pink City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Design Build Agreement between the City of Chula Vista and DOUGLAS E. BARNHART, INC. for NEIGHBoRHooD PARK AT SUNBOW "VETERANS PARK" DESIGN/BUILD AGREEMENT This Agreement is made and entered into this 20~ day of May, 2003, by and between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and (D~i§n Builder) ("Design Builder or D/B"). City and D/B are sometimes hereinafter referred to as Parties ("Parties"). RECITALS WHEREAS, the project, Veterans Park, is a new facility to the City, and WHEREAS, the City of Chula Vista, in an on-going effort to expand the services to the community, has planned for Veterans Park located in the Sunbow area of the City; and WHEREAS, on June 20, 2000 the Council approved a resolution establishing a Design-Build Priority List to be used in awarding Design-Build contracts for future City projects, and WHEREAS, Pursuant to § 2.57 of the City's Municipal Code, on March 17, 2003the City invited three Design-Build firms off the Pdority List to interview, and WHEREAS, all three respondents were interviewed and based upon the interview, Design Builder was selected as the respondent who best met the design, monetary and time criteria of the project with whom City could negotiate an agreement; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein: THE PARTIES AGREE: Section 1: General Scope of Work to Be Performed by D/B 1.1 In accordance with the terms set forth in this Agreement and the RFQ for Construction Managers/Construction Services (Exhibit 6), D/B shall design and construct for the City: a completed and fully functional park and recreation center as outlined in the "Neighborhood Park at Sunbow, Approved Master Plan", dated 12/4/02 (Exhibit 1), (referred to hereafter as "Project"). The park and recreation center shall include, but not be limited to all components outlined and described in the attached document entitled "Neighborhood Park at Sunbow, Approved Master Plan", dated 12/4/02 (Exhibit '1). The Project is located on the north side of East Palomar Street between Davies Drive and medical Center Court in Chula Vista. 1.2 The services to be provided by D/B are generally to be performed in four "Phases"; the services to be provided in each Phase are specified elsewhere in this J:\BPC\BPC Adrninistration~Design Build Agreements\Veterans Park 052103.doc Page 1 of 47 Agreement. The services provided by the D/B shall include, but not be limited to, all services outlined and described in Exhibit 4, titled "Design/Build Services". 1:3 The D/B shall: 1.3.1 Perform all services, work and obligations as described herein for the Guaranteed Maximum Pdce (GMP), which shall include Design Services and General Conditions necessary to provide a fully completed and functional Project. D/B shall perform all Design Services and General Conditions for the not to exceed amount of $1,141,005 (Exhibits 3 & 5). At 90% complete construction documents a GMP will be established pursuant to Section 13 of this agreement, which will include, but not limited to, the cost for all labor, equipment, and material to design and build a fully functional park and recreation center in accordance with all applicable rules, regulations, and laws. The D/B fee shall be 3.75% of hard construction costs and the bond cost shall be 0.80% of hard construction costs. Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a change order is approved by the City pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP atthe completion of the project shall belong to the City. 1.3.2 Substantial Completion: August 2005. Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of; the Construction Documents are in place and have been initially tested, and are operationally functional, subject onlyto final testing, balancing and adjustments and normal Final Completion punch list Work. 1.3.3 Achieve "Final Completion" (as defined in §16.2) as established in the Project Schedule (Exhibit 2). Section 2: General Obliqations of City 2.1 City shall be obligated as follows: 2.1.1 Designate a representative (or representatives) who is authorized to act on behalf of City with respect to the Project, except as to those J:\BPC\BPC Adminislraflon\Design Build Agraements\Veterans Park 052103.doc Page 2 of 47 decisions specified heroin or by law that roquire authorization by the Chula Vista City Council; 2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progross of D/B's services per the Project Schedule attached as Exhibit 2; 2.1.3 Pay for and cause to be completed all necessary environmental studies and obtain environmental approvals and/or permits with roasonable promptness to avoid delay to the orderly progress of D/B's performance per the Project Schedule attached as Exhibit 2; 2.1.4 At the roquest of D/B, City will use its best efforts to provide D/B with any available information about the Project Site geotechnical soil conditions; it will, however, be the responsibility of D/B to take all roasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to D/B the accuracy or completeness of any such information. 2.1.5 Cooperate with D/B in identifying, processing and securing required permits, licenses and inspections in a timely fashion; however, this duty to cooperate does not relieve D/B of its primary obligations to identify, apply for and secure all necessary permits (except as provided in 2.1.3), licenses and inspections in a timely manner. 2.1.6 Make payments to D/B in the amounts and in accordance with the terms set forth below. 2.1.7 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1. 2.1.8 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2. 2.2 City Review Process. City shall roview Design Development Drawings (DDD's), 50% Construction Drawings (CD's), 70% CD's and 90% CD's which shall allow construction of Project in conformity with the Approved Master Plan for the Project. For each D/B submission, City shall have twenty (20) working days to review, approve, conditionally approve or deny. Section 3: General Obliclations of D/B 3. t D/B shall be obligated as follows: J:\BPC\BPC AdministralJon\Design Build Agreements\Veterans Park 052103,doc Page 3 of 47 3.1.1 At all times in performing its services under this Agreement to design and deliver the best possible Project consistent with standard of care in Section 3.3 that satisfies the time, monetary, quality and design parameters set forth in this Agreement; 3.1.2 Design and construct the Project on time, consistent with time frames set forth in the Project Schedule, Exhibit 2, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, but if D/B reasonably believes that any action, inaction, decision or direction by City or agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being completed late, D/B will notify City at Project Team meeting and in writing within five (5) calendar days of discovering such action, inaction, decision, or direction. Included in such notice will be an estimate of the cost and time impact resulting from such action, inaction, decision or direction. D/B shall provide complete and accurate pdcing within ten (10) calendar days of said discovery. 3.1.3 Perform, or obtain the prior written consent of the City to subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced architects, engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit 4. D/B shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the D/B of any of its obligations or responsibilities under this Agreement; 3.1.4 Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency; 3.1.5 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in this Agreement; 3.1.6 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap; 3.1.7 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and s. afety codes and coverage, density and density ratios and lien laws, and comply with them in performance of its services. D/B shall ensure that within the J:\BPC\BPC AdministJ'ation\Design Build Agreements\Veterans Park 052103,doc Page 4 of 47 3.1.8 3.1.9 3.1.10 3.1.11 3.1.12 established GMP that the Project conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a building permit. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation ora Code Authority, D/B shall make the required modifications to comply with the same. However, in the event of such an occurrence, the GMP and Contract Time may be subject to an adjustment in accordance with Section 14. Nothing contained in this paragraph shall relieve D/B of its obligations to modify the Project at its own expense where D/B has failed to construct the Project in compliance with Governmental Requirements applicable as of the date of this Agreement. Control dust and noise in accordance with the provisions in Section 7.1.18 of the 2000 Edition of the Standard Specifications for Public Works Construction, City Ordinances and this Agreement; Use reasonable care to avoid damaging existing buildings, equipment and vegetation adjacent to the Project Site. If D/B causes damage to any of this property, D/B shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. D/B agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project. To obtain all permits necessary to complete the Project. City shall pay cost of permits. D/B shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors. Conform its design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). Seek and bbtain written approval from the City of the drawings for each of the following phases: (1) DDD (2) 50% CD's (3) 70% J:\BPC~BPC Administra~on~Design Build Agreements\Veterans Park 052103.doc Page 5 of 47 CD's and (4) 90% CD's. Said approval shall be evidenced by written notice to proceed with the subsequent phase. 3.1.13 Provide cost estimating and value engineering services, which take into consideration long-range maintenance costs, energy efficiency, and impact operation of the Project. Provide cost estimates to the City at DDD's, 50% CD's, 70% CD's and 90% CD's. Provide final cost estimate, in four copies, to the City with Final Construction Documents. 3.1.14 Review soils and geotechnical reports relating to the Project Site; and determine and advise City if any further subsurface investigations are warranted. If such further investigations are authorized by City, D/B shall perform said investigations. The costs of said investigations are Reimbursable Costs to be paid by the City without markup, pursuant to Section 13. 3.1.15 Be fully responsible for all additive costs, damages, and liabilities resulting from errors or omissions beyond the standard of care defined in Section 3.3 by D/B or D/B's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP. 3.1.16 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) schematic; (2) design development and (3) construction drawings. Said approval shall be evidenced by written notice to proceed with the subsequent phase. 3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. 3.2.1 Unanticipated subsurface site conditions 3.2.1.1 City assumes dsks for unanticipated subsurface site conditions provided D/B notifies City in wdting within five (5) calendar days of discovery if D/B believes it has uncovered or revealed a condition which: 3.2.1.1.1 differs materially from that indicated in the soils and geotechnical reports furnished by City, or 3.2.1.1.2 is of an unusual nature and differs materially from conditions ordinarily encountered and J:\BPC~BPC Administrafion~Design Build Agreements\Veterans Park 052103.doc Page 6 of 47 -lb' generally recognized as inherent in the work required by Agreement. 3.2.1.2 Upon receipt of written notice, City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a change order pursuant to Section 14. If City determines there is no bona fide Work scope change or is a minor change, which does not impact GMP or Contract Time, City shall notify D/B within ten (10) calendar days. 3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or Contract Time if D/B knew or should have known of the existence of such conditions at the time D/B submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered as a result of D/B's obligations pursuant to Section 3.1.14. 3.3 D/B shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by D/B shall not in any way excuse or limit D/B's obligations to fully comply with all other terms in this Agreement. 3.3.1 D/B warrants that at least one member of the D/B team shall be licensed by the California Contractor's State License Board as a General Building Contractor. D/B is to provide a list ofthe responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of construction. City and D/B shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of D/B, City shall have the right to approve the replacement personnel. D/B shall comply with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. 3.3.2 Project Manager, Landscape Architect, and Project Architect throughout all phases of the Project hereunder, the individual project manager, landscape architect and project architect shall be as reflected in Exhibit 4, So long as the Individual Project Manager and Project Architect remain in the employ of the General Contractor and Amhitect, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior J:\BPC~BPC Administrafion~Design Build Agmernents\Veterans Park 052103.doc Page 7 of 47 written consent or instruction of the City. Any violation of the terms and provisions of this Section shall constitute a Material Default. 3.3.3 Cit~, Right to Remove Project Manager, Landscape Architect and Project Amhitect. Notwithstanding the foregoing provisionsofSection 3.3, if the Individual Project Manager, Landscape ^mhitect or Project Amhitect, for good cause, proves not to be satisfactory to the City, upon written notice from the City to the General Contractor, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below. 3.3.4 Replacement Selection of Project Manager, Landscape Amhitect, and/or Project Amhitect. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Amhitect, or promptly following the discovery by the Design Build Team that any Individual Project Manager, Landscape Architect or Project Architect is leaving the employ of the General Contractor or Architect, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld. In the event that the City and Design Build Team cannot agree as to the substitution of replacement of the Individual, the City shall be entitled to terminate this Agreement for cause. 3.4 D/B shall cooperate with City in obtaining Environmental approvals and/or permits. 3.5 D/B agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of City Representative shall be borne exclusively by D/B and not be grounds for an increase in GMP or Contract Time unless necessary to protect public health, safety or property. 3.6 D/B team is to provide progress photographs taken at regular intervals throughout the Project. Photographic documentation shall depict an overview of Project site showing work in progress. Dates and times to be documented. Copies of documentation shall be transmitted to the City monthly. The costs are Reimbursable Costs to be paid by the City without markup, pursuant to Section 13.3. J:~BPC\BPC Administration~Design Build Agreements\Veterans Park 052103.doc Page 8 of 47 #/'/ 7 3.7 D/B shall fully cooperate with City Representative and any of its agents assigned to this project. Section 4: Work Restriction and Biddinq Reauirement 4.1 D/B shall determine how best to package portions of the work for purposes of bidding. D/B shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in D/B's own name, with the bidder who in D/B's discretion best meets the monetary, time, and performance requirement of the Project. D/B is required to submit a summary of bid results for each bid package. D/B shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below. 4.2 D/B shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests Section 5: D/B's Phase I Services and Obliclations - Desitin Development 5.1 D/B's services in Phase I shall include, but are not limited to the following: 5.1.1 Continue to develop and refine project requirements and review such requirements with the City. 5.1.2 Prepare complete DDD's such that the DDD include, without limitation, the following: 5.1.2.1 Site plan with pertinent notes and dimensions indicating property line; existing public streets, sidewalks, curb cuts, other public improvements; required setbacks; service, trash, fire lane and truck access, adjacent buildings, building outline; basketball courts, multi-use sports field, softball field, informal skate area, play areas, shelters, landscape and site elements. 5.1.2.2 Floor plans including graphically demonstrating interior and exterior walls and fenestration with notes, dimensions and gridlines; room names, structural bay spacing with grids, critical dimensions and area calculations; 5.1.2.3 Roof plans including detailed notes, dimensions, mechanical equipment locations, define material for mechanical screens, skylights and roof access, roof J:\BPC\BPC .a~lrninisl~afion~Design Build Agreements\Veterans Park 052103.doc Page 9 of 47 Iq materials, roof drainage and establish window washing concept; 5.1.2.4 Building sections including vertical dimensions, floor assembly thickness showing known structural elements, notes and dimensions. 5.1.2.5 Exterior elevations including material references and extent; visible roof top elements; existing and new line of grade; indicate of floors with leader lines; and vertical dimensions; notes, dimensions and grid lines. 5.1.2.6 Wall sections including all wall sections, dimensions, horizontal element offsets, and guide to extedor face of wall; dimensions, vertical floor to floor, floor to window head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall finishes; and wall and roof assembly; 5.1.2.7 Outline specifications, written description of park and building systems and components including site work. 5.1.2.8 Verify all code compliance including building construction type, occupancy sprinkler requirements, existing, zoning and other agency conformance and ADA. 5.1.2.9 Delivery of 3D rendered images, color and material boards, reflected ceiling plans, and special system or equipment plans. 5.2 Prepare and submit to City detailed cost estimates with DDD. 5.3 Submit completed DDD to City. Obtain comments from City and make revisions to DDD as required. Obtain written approval or conditional approval from City to proceed to Phase II Services. If conditional approval granted, D/B shall address all City comments or issues in the next set of drawings developed. City retains the right to withhold approval and require resubmittal of the DDD. Any delay or additional costs resulting from the re-submittal shall be borne exclusively by D/B and not be grounds for an increase in the GMP or Contract Time. Section 6: Desiqn Phase Services and Obliqations - Construction Documents - Phase II 6.1 D/B's services in Phase II shall include but are not limited to the following: J:\BPC~BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 10 of 47 6.1.1 D/B shall continue to develop and refine project requirements and review such requirements with City; 6.1.2 D/B shall prepare CD's which shall include, without limitation, the following: 6.1.2.1 Architectural plans and details, including: 6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site improvements. 6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of installed or fixed and movable equipment which affects the design of the spaces. 6.1.2.1.3 Building elevations indicating exterior design elements and features, including fenestration arrangements, materials, mechanical and electrical features appearing on the walls, roofs, and adjacent areas. 6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems locations. 6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and accommodation of functional systems. 6.1.2.1.6Typical wall sections sufficient to indicate materials, openings, and major features. 6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the extent and type 'of structural system and dimensions, final structural design criteria, foundation design criteria, preliminary sizing of major structural components, critical coordination clearances and applicable material lists. 6.1.2.3 Mechanical plans and details; 6.1.2.4 Landscape and Irrigation plan and details; J:\BPC\BPC Adrninistration~)eslgn Build Agreements\Veterans Park 052103.doc Page 1 1 of 47 6.1.2.5 Electrical plans and details; 6.1.2.6 Plumbing plans and details; 6.1.2.7 Plans showing installation of major systems, equipment, fixed furnishings and graphics; 6.1.2.8 Technical specifications; 6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the requirements for construction of the Project which, at a minimum, include: 6.1.2.9.1 Provide information customarily necessary for the use of those in the building trades; 6.1.2.9.2 Include documents customarily required to obtain regulatory agency approvals; 6.1.2.9.3 Provide color board and amhitectural rendering for required presentations. 6.1.2.10 Mechanical design documentation consisting of continued development and expansion of schematic mechanical design consisting of: 6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities, preliminary equipment layouts. 6.1.2.10.2 Required space requirements for the equipment, required chases and clearances, acoustical and vibrations control, visual impacts and energy conservation measures. 6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic electrical design consisting of: 6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close cimuit T.V., lighting controls and other electrical systems typical to civic facilities, the approximate sizes and capacities of major components transformers-panels-switch gears; J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 12 of 47 6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and clearances. 6.1.2.12 Sections through cdtical areas showing coordination of architectural, structural, mechanical and electrical elements. 6.1.2.13 Final specifications, including but not limited to the following: 6.1.2.13.1 Architectural: general description of the construction, including intedor finishes, types and locations of acoustical treatment, typical and special floor coverings and final extedor and intedor material selection; 6.1.2.13.2 Mechanical: description ofair conditioning, heating and ventilation systems and controls, ducts, and piping system; 6.1.2.13.3 Electrical: description of electrical services, including voltage, type and number of feeders, lighting systems, including lighting levels and audiovisual, security-fire alarms and cable antenna television systems; 6.1.2.13.4 Landscape: General description of the construction, including plan materials, plant locations, maintenance period and irrigation systems. 6.1.2.13.5 Play Areas: Description of play equipment including installation procedures, type, color, finishes and locations. 6.1.2.13.6 Site Work: General description of the construction, including finishes, types of materials and locations. 6.1.2.13.7 Other: Such other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate. 6.1.2.14 Plumbing drawings including location and quantity of fixtures, equipment sizes, room sizes for plumbing equipment, and final specifications as appropriate. J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103.d¢c Page 13 of 47 6.2 D/B shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project. 6.3 D/B shall prepare a detailed Cdtical Path Method schedule for all construction components of the Project (" Detailed Construction Schedule") utilizing Microsoft Project software, showing all major milestones, bid dates for the major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the of the building and completion ofthe park,, all of which shall conform with the dates of Substantial Completion and Final Completion of Project. 6.4 Review as needed the CD's with the governmental authorities having jurisdiction over the Project. 6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes that the cost of the Project is likely to exceed the GMP or Contract Time and include in said notice: 6.5.1 An itemized cost breakdown estimate; 6.5.2 A list of recommended revisions which D/B believes will bring Project within the GMP; 6.5.3 Assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded. 6.5.4 Provide a master accounting system and matrix on Microsoft Excel that will be updated, expanded and provided to the City monthly as the Project develops. 6.6 D/B shall develop and implement Project Management Plan and Procedures including: 6.6.1 Project status reports 6.6.2 Coordination/interface with the City and its other consultants/contractors 6.6.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective Date of Agreement. 6.6.4 Biweekly Design and Construction meetings J:\BPC'~BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 14 of 47 6.6.5 Interface and communications with other agencies 6.6.6 Vendors and subcontractors management 6.6.7 Document control 6.6.8 Schedule and budget control 6.6.9 Quality assurance and quality control 6.6.10 Throughout the design phase, the Consultant shall provide scheduling and cost control reports monthly. 6.7 Utilizing the 2000 Edition of the Standard Specifications for Public Works Construction, 2000 Edition of the Chula Vista Standard Special Provisions, 2000 Edition of the Regional Standards, 2002 Edition of the Chula Vista Construction Standards, the City's facility program, performance and design criteria, concept drawings, and reports incorporated herein by reference, DB shall: 6.7.1 Prepare construction drawings and specifications suitable for obtaining City-approved permits and to allow construction. Preparation of technical materials and equipment specifications for pre-pumhase will be the responsibility of the DB. 6.7.2 Submit Construction Documents to the City for plan check, and make any changes therein as may be lawfully required. Obtain general building permit and all ancillary permits and licenses, including but not limited to, demolition permits , improvement permits and grading permits. 6.7.3 Complete the design for all elements of the Project, including, but not limited to: civil, structural, architectural, mechanical, electrical, landscape, and specialty consulting areas. 6.7.4 Evaluate alternative structural and construction approaches to ensure economical designs, which optimize constructability yet meet all codes, architectural concepts, schematic designs, and standard specifications of the Project. Design and construction shall also meet all ADA requirements. 6.7.5 Provide additional site surveys and geotechnical investigations to the extent the DB determines they are necessary for final design. The survey information provided by the City is preliminary in nature and may not have sufficient accuracy or scope to support final design. J:\BPC\BPC Administration~3esign Build Agreements\Veterans Park 052103.doc Page 15 of 47 I 6.7.6 Furnish support to a City constructability review team at the 50%, 70% and 90% percent design completion stage. Incorporate the results of this review into the design. 6.7.7 Provide updated construction cost estimates at durations specified in this agreement to support Value Engineering (VE) and constructability reviews. Section 7: Construction Phase Services - Phase II1: 7.1 The DB shall construct the Project in accordance with City-approved plans and specifications prepared by the DB to meet or exceed all requirements of the City provided program, schematic design and the performance criteria. The DB shall: 7.1.1 Prepare and submit to City for review separate bid packages as D/B determines appropriate to enable the construction of the Project to proceed in an efficient and cost effective manner; 7.1.2 Conduct competitive bidding for the respective bid packages. 7.1.3 D/B shall require additive alternates for extended warranty in bid packages. 7.1.4 Schedule and conduct pre-bid conferences to answer questions posed by bidders; said answers and any other information required to provide clarification to the Construction Documents during the bidding process shall be issued as written addenda and provided to all prospective bidders; 7.1.5 7.1.6 7.1.7 7.1.8 Execute subcontracts, in D/B's own name, with the bidder best meeting the monetary, time, and performance requirements of the Project; Perform construction management and administration services during the construction of the Project; Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures; Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to schedule; J:\BPC\BPC Administra§on~esign Build Agreements\Veterans Park 052103,doc Page 16 of 47 7.1.9 7.1.10 7.1.11 7.1.12 7.1.13 7.1.14 7.1.15 Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project; Provide timely review and approval of shop drawings, samples of construction materials, product data, schedule submittals, and other submittal for compliance with the Construction Documents; keep City advised of all such matters being reviewed and approved by D/B; Issue responses to Requests for Information, substitution requests, and Change Order requests. Provide City with copy of all correspondence within twenty-four (24) hours of receipt. Conduct weekly review meetings with City to discuss these items. All change orders, including zero dollar change orders which require the use of D/B Contingency Fund, irrespective of impact on GMP and 0ontract Time shall require City approval; Establish and maintain a quality control program with apprepdate reviews and independent testing procedures to ensure compliance with the Construction Documents; Coordinate all required inspections in such a manner that the progress of construction is not affected or impacted; Correct any work which does not conform to the Construction Documents; Keep City informed of the progress and quality of the design and construction of the Project; 7.1.16 7.1.17 7.1.18 Pay royalties and license fees. D/B shall defend suits or claims for infringement of patent rights and shall defend and hold City and City's agents harmless from loss on account thereof Ensure Project is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, D/B shall cause to be removed from and about the Project all tools, construction equipment, machinery, surplus materials, waste materials and rubbish; Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences; J:\BPC\BPC Administration~Design Build Agreements\Veterans Park 052103,doc Page 17 of 47 7.1.19 7.1.20 7.1.21 7.1.22 7.1.23 7.1.24 7.1.25 7.1.26 7.1.27 7.1.28 7.1.29 Provide City with a Detailed Construction Schedule (DCS) on Microsoft Project software within fourteen (14) working days after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a monthly basis, and provide immediate notice of any · impact on cdtical path items; Conduct and prepare minutes for weekly Project team meetings with City and appropriate design and construction members; Maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during construction which reflect ail changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with four reproducible, and one electronic set of drawings depicting As-Built conditions for Project; Notify City in writing when D/B believes that the Project has achieved Final Completion; Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance/service contracts, and maintenance and operating manuals; Inspect the Project during the one-year general building warranty period, identify items requiring repair, and oversee those repairs. Inspect the each component at 180 and 360 days after Final Completion of said component and prepare reports to City, develop budgets and direct all repairs. Conduct contractor meetings, as necessary, to provide technical input. Provide interpretation of technical specifications and drawings. When appropriate, witness testing and review materials and equipment testing results and provide comments regarding conformance with specification requirements. Provide list of required shop drawing submittals. Review shop- drawing submittals for technical compliance and forward copy to City for review. Assist during final acceptance process by furnishing final walk- through(s) and comments. J:\BPC\BPC AdrainistratJon\Design Build Agreements\Veterans Park 052103.doc Page 18 of 47 7.1.30 7.1.31 7.1.32 7,1.33 7.1.34 7.1.35 7.1.36 7.1.37 The DB shall be responsible for complete management, supervision, and reporting of all aspects of the construction of this Project. The DB shall provide resident management and contract administration, including specialists necessary for the functional, safe, on-budget and on-schedule completion of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final construction drawings, from the City and extending through issuance of Notice of Completion and Acceptance. City staff will perform inspections to vedfy compliance with the plans, specifications and contract documents. The DB resident staff shall ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, construction mitigation documents and enforcement of the Contract Documents. The DB is responsible for the design, construction and all contract administration services during the construction of the Project in accordance with all applicable laws, regulations, and codes, including, but not limited to, the 1990 Americans with Disabilities Act [ADA] and Title 24 California Code of Regulations [Building Code] as defined in Section 18910 of California Health and Safety Code [Title 24]. The DB is responsible as a designer, employer, and City representative to comply with all portions of Title 24 and the ADA. The DB shall provide surveying, and other contracted services as required to complete project construction inspection and testing tasks. The City will provide special inspection services and periodic building inspections. DB is responsible for scheduling and coordinating all inspections and paying for all re-inspections. The DB shall develop a project-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. The DB shall implement and maintain an internal records management and document control system as required to support project operations. The DB shall provide records management and document control information in a manner consistent with the City's reporting system. The DB shall administer and coordinate the project contract closeout process and shall resolve any warranty prevision issues. The DB shall report progress of project contract closeout to the City in a manner consistent with the City's reporting system. J:\BPC~BPC Administration~Design Build Agreements\Veterans Park 052103.doc Page 19 of 47 I 7.1.38 The DB shall administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if any. The DB shall report a record of environmental issues to the City in a manner consistent with the City's reporting system. 7.1.39 Prepare Operations Manual. 7.2 Unless the D/B receives the City's prior approval to substitute equal or better quality materials, the D/B warrants to City that materials and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and in accordance with Section 22. Section 8: Operation/Startup Phase Services - Phase IV 8.1.1 The DB shall prepare, submit for City review and wdtten approval, and implement a Project Startup and Testing Plan for the Project. 8.1.2 The DB shall conduct Operator Training Sessions for facilities. 8.1.3 The DB shall supervise, manage, and coordinate all project startup and testing activities for mechanical systems within the provisions of the project Contract Documents. 8.1.4 The DB shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. 8.1.15 The DB shall report to the City all guarantee/warranty disputes. The DB shall proceed to resolve such disputes after having submitted to the City for review and approval the DB's approach for obtaining resolution for the dispute. Section 9: Additional Services 9.1 City will have the right to direct D/B to perform Additional Services beyond those specified in this Agreement. D/B may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, D/B will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, .solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City. 9.2 For Additional Services which increase the Hard Construction Costs, design costs, or other reasonably necessary costs of the Project, D/B shall be paid the D/B J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103,doc Page 20 of 47 fee of 3.75% of hard construction costs and 0.80% of hard construction cost for bonding. 9.3 For additional services, which result in an extension of the Substantial Completion date, D/B shall be paid a fee equal to the number of working days the Substantial Completion date is extended multiplied by the daily proration of the general conditions fee included within the GMP. 9.4 if at any time D/B contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that D/B intends to seek additional compensation beyond the D/B Fixed Fee. Fumishing advance written notice shall be a condition precedent to being able to seek additional compensation from City, Section 10: Bonds 10.1 D/B shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all D/B's obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. D/B shall also furnish such other bonds as are required by this Agreement. 10.1.1 The performance bond shall be in the amount of 100% of the GMP. 10.1.2 The payment bond shall be in the an amount of 100% of the Hard Construction Costs. 10.2 All bonds shall be in the form prescribed by City and by such sureties which ara authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. 10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, D/B shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City. J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103,doc Page 21 of 47 I Section 11: Insurance 11.1 The insurance provisions herein shall not be construed to limit D/B's indemnity obligations contained in this Agreement. 11.2 D/B shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the D/B, his agents, representatives, employees or subconsultants. All subconsultants shall be required to comply with the applicable insurance provisions. The maintenance of proper coverage is a material element of the contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a matedal breach of contract. 11.3 Minimum Scope of Insurance 11.3.1 Coverage shall be at least as broad as: 11.3.1.1 Insurance Services Office Commemial General Liability coverage (occurrence Form CG 0001). 11.3.1.2 Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 11.3.1.3 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 11.3.1.4 Errors and Omissions Insurance. .4. Minimum Limits of Insurance 11.4.1 Contractor or appropriate subconsultant shall maintain limits no less than: J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103,doc Page 22 of 47 11.4.1.1 General Liability: (Including operations, products and completed operations.) 11.4.1.2 Automobile Liability: 11.4.1.3 Employer's Liability: $1,000,000 $1,000,000 SI,000,000 per occurrence for bodily injury, personal injury and' property damage. If Commemial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. per accident for bodily injury and property damage. per accident for bodily injury or disease. 11.4.1.4 Errors and Omissions: $1,000,000 per occurrence 11.5 Deductibles and Self-Insured Retentions 11.5.1 Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; orthe D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 11.6 Other Insurance Provisions 11.6.1 The general liability policy shall contain, or be endorsed to contain, the following provisions: 11.6.1.1 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds using ISO Form CG 2010 or its equivalent, with respect to liability arising out of work or operations performed by or on behalf of the J:\BPC~BPC Administration\Design Build .Agreements\Veterans Park 052103.doc Page 23 of 47 I D/B including materials, parts or equipment furnished in connection with such work or operations. 11.6.1.2 For any claims related to this project the D/B's insurance coverage shall be the primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the D/B's insurance and shall not contribute with it. 11.6.1.3 Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Sections 2782 of the Civil Code. 11.7 Verification of Coverage 11.7.1 Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms that conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 11.8 Subcontractors 11.8.1 All coverages for subcontractors or subconsultants shall be subject to all of the requirements stated herein. Subcontractors and Subconsultants shall be protected against dsk of loss by maintaining insurance in the categories and at the limits required herein. Subcontractors and Subconsultants shall name City and D/B as additional insured's under its policies. 11.9 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or records requested by the City or regarding all aspects of the insurance and project, including but not limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the City may result in delays in progress payments to the D/B. J:\BPC\BPC Administration\Design Build Agreernents\Veterans Park 052103.doc Page 24 of 47 11.10 Prior to beginning Work under the Agreement, each and every Contractor of any tier shall furnish Certificates of Insurance satisfactory to the City. All such Certificates shall contain at least the following provisions: 11.10.1 Thirty (30) days written notice to the City prior to any cancellation, non-renewal or material reduction in coverage. 11.10.2 The words "will endeavor" and "but failure to mail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives" will be deleted from the Certificates. 11.10.3 Throughout the life of the Agreement, each and every Contractor of any tier shall pay for and maintain in full force and effect, with Insurers authorized by the California Insurance Commissioner to do business in the State of Califomia, any policies required by this Agreement. 11.10.4 Any insurance provided for this project shall be written through an insurer with an A.M. Best Rating of not less than A-:V, Any exceptions are at the sole discretion of the City and subject to written approval of the City. 11.11 Questions concerning the insurance requirements of this Agreement shall be directed to the City Representative, Section12: Inspection 12.1 City shall be responsible for City inspection and material testing and inspections, with reimbursement to be required by D/B for any reinspections. The City shall either perform said inspection services with its own forces or contract with third parties. It shall be the responsibility of D/B, however, to call for, coordinate and schedule all inspections. 12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. D/B shall provide them proper and safe conditions for such access and advise them of D/B's safety procedures and programs so that they may comply. 12.3 City will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify D/B's indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be borne by the City. In the J:\BPC~BPC Administration~3esign Build Agreements\Veterans Park 052103.doc Page 25 of 47 event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, D/B Shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City nor inspections, tests, or approvals by others shall relieve D/B from D/B's obligations to perform the Work in accordance with the Construction Documents. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site inspection. 12.4 City has the right to stop or suspend Work activities which will conceal or cover up D/B Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and D/B will have no right to additional cost or time it may incur as a result of the Work stoppage. Section 13: D/B GMP for Services and Reimbursements 13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval. Upon the approval of the 90% CD's, D/B shall, within ten (10) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD's; provided that: 13.1.1 The GMP shall not exceed $7,466,295 and include within said GMP shall be no more than 1,141,005 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 13.1.2 Said GMP shall be supported by a detailed itemized breakdown that shows: the D/B Fixed Fees and the expected Hard Construction Costs for each of the major trades o the Project which will include labor, material expenses, equipment costs, and a reasonable D/B Contingency Fund. Said D/B contingency fund shall not exceed 5% of the Hard Construction Costs. 13.1.3 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse D/B for the exact amount of the direct self performed work, subcontract or invoice amount. No markup, handling fees, overhead, or other charges are to be added or paid. Upon Final Completion of the Project, any amount of Hard Construction Costs or D/B Contingency Fund monies not utilized shall result in a deductive Change Order. J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 26 of 47 13.1.4 The GMP shall include a D/B Contingency Fund which can be used by the D/B with City approval. If the Parties mutually agree that there is a sufficient surplus, the D/B Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 7 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to D/B's and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of D/B or its Contractors/subcontractors. All change orders, including zero dollar change orders, which require the use of the D/B Contingency Fund, shall require City approval. The City reserves the right to seek reimbursements for any funds used due to errors or omissions of the Design Consultants. 13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP; 13.2 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at 90% construction documents. GMP shall include the not to exceed amount of $1,141,005 for General Conditions and Design Services. Said $1,141,005 for General Conditions and Design Services shall not be exceeded unless additional services are requested pursuant to § 7 above or a change order issued pursuant to § 14. Unless otherwise expressly provided in this Agreement, D/B GMP shall include full compensation for all costs of any type incurred by D/B in performing all services and obligations under this Agreement, including but not limited to the following: 13.2.1 All Design Consultants, including but not limited to architectural, structural, civil, mechanical, electrical, communications, graphics and art consultants, landscape architects, and acoustical, audio visual, lighting, and security consultants. 13.2.2 Estimating, value engineering and construction management; 13.2.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other D/B personnel wherever located; 13.2.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication J:\BPC\BPC ,~lminis~'ation~Desig n Build Agreements\Veterans Park 052103.doc Page 27 of 47 and accounting equipment, oft'~ce space, trailers, field equipment and storage facilities; 13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the D/B exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work. 13.2.5 All home-office and field overhead costs of any type including document control and retention; 13.2.6 All business license costs; 13.2.7 All profit D/B intends to earn under this Agreement. 13.2.8 All direct and incidental costs incurred by D/B, except for those specifically identified in Section 9. 13.3 D/B shall be reimbursed, without markup and only as specified in this Agreement for the following "Reimbursable Costs." 13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement. 13.4 D/B agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing. Section 14: Chanqe in GMP and Contract Time 14.1 The GM P and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances: 14.1.1 The City directs D/B to perform Additional Services or City Changes as provided in Section 9. 14.1.2 For reasons expressly provided elsewhere in this Agreement. 14.2 The following procedure shall be followed for the issuance of Change Orders: J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 28 of 47 14.2.1 14.2.2 14.2.3 14.2.4 14.2.5 Section 15: Upon the occurrence of any event that gives dse to a Change Order, D/B shall give the City notice of the same with 5 days. D/B shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property. Unless otherwise directed by the City Representative in writing, before proceeding with any Change Order work D/B shall promptly provide the City with a detailed and complete estimate of cost impact associated with the Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into D/B Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide Citywith a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. Upon submission of the detailed estimates by the D/B, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the D/B to proceed with the subject services and/or work, during which time the D/B shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/or work. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/or Contract Time. In the event there is any disagreement or dispute between the Parties as to whether the D/B is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. D/B shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, D/B shall continue diligently prosecuting all such services and work. City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services. Payment Terms J:\BPC~BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 29 of 47 I 15.1 D/B shall submit certificate and application for payment to the City for Phase I, II, III and IV services as follows: 15.1.1 $192,550 upon completion of one-half of the Phase I Services as determined by the City. 15.1.2 $192,550 upon completion of Phase I Services as determined bythe 15.1.3 $385,100 upon completion of all Phase II Services as determined by the City. Retention for Phase I to be released 60 days after receipt of Building Permit. 15.1.4 $424,805 for Phase III Services for contract administration. Cost to be paid on a per month schedule by dividing cost by construction duration. 15.1.5 In the event City solicits and/or approves Design Documents that materially differ from the Designs called for in the RFP, compensation shall be set pursuant to provision for additional services set forth in Sections 9 and 14. 15.2 D/B shall provide all services for the GMP. D/B shall submit certificate and application for payment to City on or before the 5~h day of each calendar month for Phase III and IV services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay D/B ninety percent (90%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 10% as security for D/B's full performance. 15.3 D/B shall develop and maintain an accurate system for tracking all Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by D/B, during the previous month. If requested by the City, D/B shall provide all backup documentation supporting such Reimbursable Costs. 15.4 D/B shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, D/B shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during the previous month. J:\BPC\BPC Administ~ation~Design Build Agreements\Veterans Park 052103.doc Page 30 of 47 15.5 D/B shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by D/B. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety percent (90%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 10% as secudty for D/B's full performance. 15.6 Subject to Sections 15.8, City shall pay D/B the ten percent (10%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment"to D/B. Final Payment will be made thirty-five (35) days after Final Completion. 15.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor. 15.8 In lieu of withholding retention under this Agreement, at the election of D/B, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300. Section 16: Proiect Completion 16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punchlist Work. 16.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B. 16.3 D/B shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. 16.4 D/B shall provide five sets of City final record drawing documents at the end of construction and one copy in electronic format ("As-Built Drawings") and one copy of reproducible drawings. As~Built Drawings are to be accurate and legible records J:\BPC~BPC Administration~Design Build Agreements\Veterans Park 052103,doc Page 31 of 47 I showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities. 16.5 D/B shall provide a copy of, or make available before destruction, all records (which includes ail writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of D/B's filing protocol. Section 17: Contract Time 17.1 The "Contract Time" shall be the number of calendar days stated in Section 1 for D/B to achieve Substantial Completion. 17.2 "Time is of the essence" with regard to Contract Time and all milestones listed in the Project Schedule (Exhibit 2). 17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14. 17.4 Further, an extension in Contract Time will not be granted unless D/B can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of D/B, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite D/B's reasonable and diligent actions to guard against those effects. 17.5 D/B carries the burden of proving an entitlement to an increase in the Contract Time. Delays attributable to and within the control of Design Consultants, or subcontractor or supplier shall be deemed to be delays within the control of D/B. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that D/B is due an increase in the GMP. Section 18: Late Completion 18.1 City and D/B recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "not unreasonable under the J:\BPC~BPC Administration\Design Build Agreements\Veterans Park 052'103.doc Page 32 of 47 circumstances" as defined in Califomia Civil Code {}1671(b): $100 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16. Section 19: Riqht to Modify Work 19.1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt ofanysuch document, D/B shall promptly proceed with theWork involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided). 19.2 When City desires a change in the Project, City may issue a Request for Proposal to D/B. D/B will be required to respond within the time indicated by City. Section 20: Intentionally Omitted Section 21: Work BV Others 21.1 City may perform other work related to the Project at the Project Site by City's own forces, or let other direct contracts ("City Contractor"). The City will give D/B reasonable notice of its intent to do such other work. D/B's work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other's work and to allow City Contractor to proceed expeditiously. 21.2 If the proper execution or results of any part of D/B's work depends upon the work by the City or City Contractor, D/B shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City's work that render it unavailable or unsuitable for such proper execution and results. D/B's failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City's work as fit and timely for integration with D/B's Work except for latent defects and deficiencies in the City's work for which D/B will not be responsible. 21.3 If D/B or any person or entity working for D/B causes damage to theCity's or City Contractor's work, property, or person, or i! any claim arising out of D/B's performance of the Project by any other contractor is made against D/B, by City, any other contractor, or any other person, D/B shall promptly repair and/or resolve said claim at no cost to City. Section 22: Warranties and Guarantees J:\BPC\BPC Administration'Design Buitd Agreements\Veterans Park 052103.doc Page 33 of 47 22.1 D/B warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to D/B. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided D/B shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection. 22.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer pedod may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. 22.3 D/B is to provide any extra material for maintenance at the completion of the Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and filtem. 22.3.1 D/B is to provide City one (1) set of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds. 22.4 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, D/B shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City's written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or D/B may have the defective work corrected or the defective work removed and replaced. In that event, D/B shall not be allowed to recover any associated costs, and D/B shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on D/B's bond if D/B has been paid in full. 22.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the D/B shall: 22.5.1 Obtain all warranties that would be given in normal commercial practice and as required by the City; J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103,doc Page 34 of 47 22.5.2 Require all warranties to be executed, in writing, for the benefit of City; 22.5.3 Enforce all warranties for the benefit of City, if directed by City; 22.5.4 In the event D/B's warranty under section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty; 22.5.5 D/B shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment, such as elevators, escalators, movable partitions, equipment etc., to cover the limited warranty period to City at the expiration of the one year warranty; and Section 23: Use and Possession Prior to Completion 23.1 City shall have the dght to take possession of or use any completed orpartially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish D/B a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve D/B of responsibility for complying with the terms of this Agreement. City's possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the D/B of any of its obligations under this Agreement. 23.2 While City has such possession or use, D/B shall be relieved of the responsibility for the loss of or damage to the Work resulting from City's possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to D/B, an equitable adjustment shall be made in the GMP orthe Contract Time, and the Agreement shall be modified in writing accordingly. Section 24: Personal Services and Non-Assiqnabilitv 24.1 This is a personal services Agreement and, therefore, D/B shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior wdtten consent of City. Any such change, assignment or transfer without the prior wdtten consent of the City shall be deemed null and void and constitute a material breach under this Agreement. Section 25: Indemnification J:\BPC~BPC AdminJstration~)esign Build Agreements\Veterans Park 052103.doc Page 35 of 47 I I 25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect and hold harmless City, its elected and appointed officers, agents, employees, consultants, (collectively herein the "lndemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from D/B's performance of this Agreement, D/B's breach of this Agreement, or the alleged negligent acts or omissions of D/B, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the D/B under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof ("Design Subcontractors"), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall have no further obligation for such loss. 25.2 D/B'S obligation to indemnify under section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause. 25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the handling, removal, abatement, capping, migration (after handling, removal, abatement or capping) of, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the jobsite, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action. D/B's obligation regarding asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. Section 26: Ri~lht to Terminate and Suspend Work J:~BPC\BPC Admtnistrafion~Design Build Agreements\Veterans Park 052103.doc Page 36 of 47 26.1 Amhaeoloclical and Paleontological Discoveries. If a discovery is made of an amhaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City. 26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 26.1.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement. 26.2 Termination ofAclreement bv Citvfor Cause. If, through anycause, D/B shall fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or if D/B shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to D/B of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports and other materials prepared by D/B, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and D/B shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by D/B's breach. 26.2.1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project arid may complete the Project by whatever method or means City may select. 26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, D/B shall pay the excess amount to City. 26.2.3 Riahts of Cib/Preserved. Where D/B's services have been so terminated by City, the termination will not affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against D/B's performance bond surety. 26.2.4 Any dispute as to the amount due or owed to D/B upon termination under this section shall be resolved in accordance with Section 33. J:\BPC~BPC Ad ministralJon'~Desig n Build Agreements\Veterans Park 052103.doc Page 37 of 47 I 26.3 Termination for Convenience by City. City may terminate this Agreement at any time and for any reason, by giving specific wdtten notice to D/B of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, D/B shall be entitled to receive just and equitable compensation for any satisfactory Work completed, including reasonable demobilization costs, to the effective date of such termination. D/B hereby expressly waives any and all claims for damages or compensation adsing under this Agreement except as set forth herein. 26.3.1 Records and Documents Relating to Termination. Unless otherwise provided in the Agreement or by statute, D/B shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on D/B's costs and expenses under this Agreement. D/B shall make these records and documents available to City, at D/B's office, at all reasonable times, without any direct Charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 26.4 Upon receipt of the Notice of Termination, D/B shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of D/B and in which City has or may acquire an interest. 26.5 Payment to D/B Due to Termination - D/B and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount, exclusive of costs shown in section 26.9 below, may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made. If termination occurs during Phase I, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof, and no amount for Phase IV D/B Fixed Fee, except for Phase IV D/B fixed fee proportional to the pementage of work satisfactorily completed and authorized pursuant to Section 6. 26.6 Failure to Agree on Payment - If D/B and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay D/B the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above: J:\BPC~BPC Administration~Design Build Agreements\Veterans Park 052'103.doc Page 38 of 47 26.6.1 The price for completed services accepted, including any retention, by City not previously paid; 26.6.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed; 26.6.3 A portion of the D/B Fixed Fee (overhead and profit) based on the percentage of Work completed on the Project; however, if D/B would have sustained a loss on the entire Agreement had it been completed, City shall allow no profit under this section and shall reduce the settlement to reflect the indicated rate of loss; 26.6.4 D/B and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B; 26.6.5 Under no cimumstances will D/B be entitled to any consideration for lost profit or lost opportunity costs. 26.7 If D/B does not agree that the amount determined by the City Manager is fair and reasonable and if D/B gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 33. 26.8 Payment for Property Destroyed, Lost, Stolen or Dama(:led - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to D/B under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City. 26.9 Deductions- In arriving at the amount due D/B under this section, there shall be deducted: 26.9.1 Any claim which City has against D/B under this Agreement; and 26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by D/B or sold under the provisions of this clause and not recovered by or credited to City. 26.10 Termination of Aqreement by D/B J:\BPC~BPC Adminisffation~Design Build Agreements\Veterans Park 052103.doc Page 39 of 47 I 26.10.1 D/B may terminate the Agreement upon ten (10) days written notice to City, whenever: 26.10.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or, 26.10.1.1 City should fail to pay D/B any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by D/B of a request therefore, unless within said 10-day period City shall have remedied the condition upon which the payment delay was based. 26.10.2 In the event of such termination, D/B shall have no claims against City except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section. Section 27: Independent Contractor 27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or employee of D/B, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for D/B's actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to D/B and that City is not contributing to any fund on the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits. Section 28: Independent Judgment 28.1 Unless otherwise directed in writing by City, D/B shall, in providing the professional services required by this Agreement, ardve at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; D/B, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. D/B shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing. J:\BPC\BPC AdministralJon\Design Build Agreements\Veterans Park 052103.doc Page 40 of 47 Section 29: Maintenance of Records and Accountinq 29.1 D/B shall maintain, dudng the Project and for a period of throe (3) years after completion of the Project, accurate and organized rocords of all costs of any type and all services performed under this Agroement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records. Section 30: Ownership of Documents 30.1 All roports, studies, information, data, statistics, forms, designs, plans, proceduros, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrostricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such roports, studies, data, statistics, forms or other materials or properties produced under this Agroement. Section 31: Force Maieuro 31.1 Any party to this Agroement may be excused for any delay or failuro to perform its duties and obligations under this Agroement, except for obligations to pay money, but only to the extent that such failuro or delay is caused by an Event of Force Majeuro as set forth in section 31.2. If an Event of Fome Majeure set forth in section 31.2 causes a delay or failuro in performance of only a portion of the obligations of a Party under this Agroement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeuro. Delay or failuro in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure: Delay or failure in performance by a Party which is the rosult of an Event of Force Majeuro set forth in section 31.2 shall be deemed excused for a period no longer than the delay or failuro in performance caused by such Event. 31.2 An Event of Force Majeuro means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severo weather, flood, earthquake, tiro, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurroction, civil disturbance or disobedience, strike or labor dispute for which D/B is not rosponsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and roasonable efforts to remedy the delays or failures in performance caused theroby. However, D/B, in developing J:\BPC~BPC Administration'Design Build Agreements\Veterans Park 052103.doc Page 41 of 47 I the GMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; D/B shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days. 31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Fome Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure. 31.4 No Event of Fome Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund. Section 32: Hazardous Materials 32.1 In the event the D/B or. any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the D/B's services, the D/B may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations. Section 33: Disputes 33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another prevision of this Agreement. 33.2 D/B shall submit its written request for a Change Order to City pursuant to Section 14. City shall make a determination on D/B's request in wdting within 7 days of receipt of request and all supporting data. Said Change Order shall be made in good faith and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City is liable, and covers all costs and delays to which D/B believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in Contract Time shall include an analysis of the Master Construction Schedule and the impact of the claimed work on specific activities on the Master Construction Schedule. 33.3 If D/B disagrees with City's determination, D/B shall file a claim in writing in accordance with the procedures set forth in Chapter '1.34 of the Chula Vista J:\BPC~BPC Administrafion~Design Build Agreements\Veterans Park 052103.doc Page 42 of 47 Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of the same. 33.4 Pending final resolution of any claim, including litigation, D/B shall proceed diligently with performance of the Project, and comply with any direction of City. Section 34: ' Notices 34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered pemonally or sent by couder or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party: (i) To CITY: City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Tel: (619) 691-5037 Fax: (619) 409-5823 Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 Tel: (619) 397-6070 Fax: 619) 397-6250 (ii) To D/B: Douglas E. Barnhart, Inc. 10760 Thornmint Road, San Diego, CA 92127 Tel: (858) 385-8200 Fax: (858) 385-8201 Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day. Section 35: Miscellaneous Terms J:\BPC~BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 43 of 47 I 35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party. 35.2 Severabilit¥: If any term or condition of this Agreement is held to any extent to be invalid or unenfomeable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law. 35.3 Entire A.qreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto. 35.4 Draftinq Ambiquities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Pady by reason of the extent to which each Party participated in the drafting of the Agreement. 35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City of Chula Vista, California. 35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion. 35.7 Effect of Headinqs: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof. 35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto. J:\BPC~BPC AdminisffatJon\Design Build Agreements\Veterans Park 052103.doc Page 44 of 47 35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement. 35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby. 35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, alt of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts. 35.12 Exhibits and Glossary of Terms: All Exhibits and Glossary of Terms are incorporated herein by reference into this Agreement. 35.13 Third Party Beneficiary: Nothing within this Agreement shall create a contractual relationship between the City and any third party. [NEXT PAGE IS SIGNATURE PAGE] J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052'103,doc Page 45 of 47 I SIGNATURE PAGE TO DESIGN/BUILD AGREEMENT CITY OF CHULA VISTA Douglas E. Barnhart, Inc. By: Stephen Padilla, Mayor ATTEST: By: (Company Representative) Susan Bigelow, City Clerk Approved as to form by John M. Kaheny, City Attorney J:\BPC\BPC Administration~Design Build Agreements\Veterans Park 052103.doc Page 46 of 47 GLOSSARY OF TERMS J:\BPC\BPC Administration\Design Build Agreements\Veterans Park 052103.doc Page 47 of 47 I GLOSSARY OFTERMS The following Glossary of Terms is designed to provide in a single location the defined terms used in the Agreement. In the event of any conflict between the following and the definitions set forth in the Agreement, those in the Agreement shall take preference. Additional Services. Services which the City has authorized the D/B to perform and which are beyond the scope of work as set forth in the Agreement. Additive Costs. Any cost above that which would normally be found in a competitive bid situation. Agreement. The Design/Build Agreement including all attachments between City and D/B. Certification of Completion. The document, bywhich D/B certifies that the Project has been fully completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. Certificate of Occupancy. The document issued by City authorizing occupancy of the entire Project. Certificate of Substantial Completion. The document issued by City after it reasonably determines the Project has achieved Substantial Completion as defined in Section 1 of the Agreement. Change Order. A written amendment to the Agreement executed by City and D/B modifying the terms of the Agreement pursuant to the terms of Sections 9. City. City shall refer to the City Representative, Agent and/or City Inspection Representative. City Representative. Building and Park Construction shall be the initial City Representative. The City Manager will notify D/B in writing of the name of any successor City Representative and D/B shall be entitled to rely upon the directions of the current City Representative until receipt of said wdtten notice. The 'City Representative shall act on behalf of the City with respect to this Agreement unless the Agreement provides otherwise. D/B shall not make any modifications to the Project unless directed by the designated City representative. Construction Documents. D/B's architectural, structural, mechanical, electrical, plumbing plans and details as well as the plans showing installation of major systems, equipment, fixed furnishings and graphics, the technical specifications and all other J:~BPCXBPC Adminislration~Design Build AgreementsXDB Glossary of Terms Veteran Park. doc I technical drawings, schedules, diagrams and specifications, necessaryto set forth in detail the requirements for construction of the Project. Contractor. Any person or entity with whom the D/B or City contracts or subcontracts for construction of the Project. Contract Amount. The dollar amount authorized by the Chula Vista City Council to be paid to the D/B as consideration for full performance under the terms of this Agreement which includes the GMP and Reimbursable Costs. Contract Time. The time within which D/B has to complete all Work and services under the Agreement, which commences with the execution of the Agreement and ends with the Final Completion Date. Day. Is a working day, unless specified otherwise. Defective Work. Work on the Project which is not in compliance with the Construction Documents. Design Builder. D/B including but not limited to consultants, subconsultants, contractors, subcontractors, employees, agents or any other person or entity working for or on behalf on D/B. Design Subcontractors. The architects, engineers and other design professionals contracting with the City or D/B to perform design services for the Project. D/B Fixed Fee. The fixed sum which D/B shall receive as full compensation for performance of all services and obligations under this Agreement, including all costs of any type incurred by D/B; but not including (1) Hard Construction Costs, and (2) Reimbursable Costs, (3) D/B Contingency Fund. Event of Force Majeure. The type of event defined in Section 31 of this Agreement. Final Completion. The date on which the last of the following events occurs: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to as-built drawings, warranties, and operating manuals: (5) and delivery to City of a Certification of Completion duly verified by D/B. Final Payment. Payment to D/B 35 days after date of Final Completion as set forth in Section 15. J:~BPC~BPC Administration~Design Build Agreements~DB Glossary of Terms Veteran Park.doc Guaranteed Maximum Price (GMP). The guaranteed maximum price (heroin "GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee as set forth in of Exhibit 3 for the complete design and construction of the entire Project as specified. Hard Construction Costs. All costs D/B incurred in contracting actual construction Work on the Project for the performance of the Work on the Project including a Contingency Fund, as set forth in of Exhibit 3; but specifically does not include: (1) costs associated with the design and construction management services to be performed by D/B under this Agroement or (2) costs incurrod due to D/B's negligence or failuro to perform according to the terms of this Agroement, including, but not limited to, failu re to adequately supervise the Project, use of materials which do not comply with the Construction Documents. Management and Implementation Plan. D/B's detailed description of all necessary prooceduros and methods to be utilized by D/B in performing its construction services under Phase IV of this Agreement. Master Construction Schedule. D/B preparod and City approved Master Construction schedule for Phase IV showing all major milestones, bid dates for major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the exterior of the building, which shall conform with the dates of Substantial Completion and Final Completion of Project. D/B will update the schedule as roquirod by the Agroement. Notice of Completion. City document issued after Chula Vista City Council formally accepts the Project. Onsite/Offsite. Refers to Project Site, unless otherwise indicated. Party. The Parties to this Agroement, The City of Chula Vista ("City"), and Douglas E. Barnhart, Inc., ("D/B"). Phase I. Phase I shall consist of all services and events described or implied in Section 5 of the Agroement, including but not limited to proparation of schematic design documents, and cost estimates. Phase II. Phase II shall consist of all services and events described or implied in Section 6 of the Agreement, including but not limited to the proparation of Desigh Development Documents, outline specifications and cost estimates. Phase II1. Phase III shall consist of all services and events described or implied in Section 7 of the Agroement, including but not limited to the proparation of 100% Construction Documents, Master Construction Schedule, proparation of GMP Finalized J:~BPCXBPC Adminish'ation~Design Build Agreements~DB Glossary of Terms Veteran Park.doc -3- I Management and Implementation Plan and determination of need for and conducting of additional subsurface investigation. Phase IV (if applicable). Phase IV shall consist of all services and events described or implied in Section 8 of the Agreement, including but not limited to conducting competitive bidding for the Work, and the construction and completion of the Project. Project. The design and construction of a completed and fully functional park and recreation center as outlined in the "Neighborhood Park at Sunbow, Approved Master Plan", dated 12/4/02. Project Budget. The amount of money authorized by the Chula Vista City Council to be expended on this Project, including the GMP, Reimbursable Costs and all other City costs· Project Site. All areas where Work is to be performed pursuant to this Agreement as shown in the Construction Documents. Reimbursable Costs. Includes the premiums for Performance Bond and Payment Bond furnished by D/B pursuant to Section 10 of the Agreement, the net premiums (less any premium returns) for the insurance, including costs for insurance brokers, deductibles, Safety Program and consultants which D/B is required to purchase and maintain pursuant to Section 11 of the Agreement, the cost of all necessary permits obtained by D/B for the Project pursuant to Section 2 of the Agreement, the costs of subsurface investigations performed pursuant to Section 2 of the Agreement, costs for extension of warranties pursuant to Section 22 of the Agreement, and Safety Program pursuant to Section 3 of the Agreement. Small Tools. Mobile items less than $1500 in total value. Substantial Completion. The date on which (1) the progress of construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can occupy and utilize the entire facility and (2) all goods and services to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject to final testing, balancing and adjustments and a Final Completion punch list Work. Work. All services, labor, materials, supplies, and equipment necessary for D/B, Contractors and consultants to complete the Project. J:~PC'xBPC Administration~Design Build AgreernentsX, DB Glossary of Terms Veteran Park.doc -4- ,/q o Exhibit I Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 EXHIBIT LIST (I-VI) Approved Park Master Plan Project Schedule Preliminary Cost of Construction Design/Build Services General Conditions Breakdown RFQ J:\BPC~BPC Administration~Design Build Agreements\Veterans Park 052103.doc I EXHIBIT 1 J:~BPC'~BPC Administration~3esign Build AgreementsWeterans Park 052103.doc T I I Iq-70 /~ -72- ! ! ro 0 I I i ~-- SN~"~N~-P{I'~3~I NOLI'~II~I[ITII (T~U OLLi~IHJ.Y I ~ itlllit]ll! ........ ~ !!,!!,!!,!!~~. Iq-~¥ EXHIBIT 2 J:~PC~BPC Administration~3esign Build Agreements~Veterar~s Park 052103.doc ~ a ~ 8 8 ~ 8 8 8 o o 000000000 000000000 ~ ~8oo ~~8oo oo ~° ° ° ° I~ ~° ~o o o~ ~o o o o o o o ~o o o 0 o EXHIBIT 3 J:~BPC~BPC Administration~Design Build Agreements~Veterans Park 052103.doc III Veterans Park Preliminary Cost of Construction/ Design Services and General Conditions 5/7/2003 Preliminary Cost of Construction $7,466,280 Design Services Design General Conditions Construction General Conditions Subtotal: $614,200 $102,000 $424,805 $1,141,005 Construction Cost (estimated) Bonds (0.8% of construction costs) Fees (3.75% of construction costs) $6,050,000 $48,4OO $226,875 Preliminary Cost of Costruction will be converted to a GMP at 90% Construction Documents. EXHIBIT 4 J:~BPC~BPC Adminislrafion~Design Build Agreements'Veterans Park 052103.doc I Design/Build Services Table of Contents Organizational Chart/Time Commitments Section I Key Personnel Qualifications Section 2 Scope of Services Section 3 /q-/07 SECTION City of Chula Vista Veterans Park Time Commitments of Proposed Staff douqlas e. barnhart, inc. Desitin Phase Henry Dumeran, Project Executive Construction Phase Henry Dumeran, Project Executive Superintendent Project Engineer Project Admin. As needed for main point of contact & coordination of design team 50% 100% 100% 100% Roeslin(i Nakamura Architects, lac. & Stedman Dvson Construction Documents 6 Months Construction Admin 12 Months RNP Amhitects PIC 1 O% PM 50% D 50% Dr 50% 2% 8% 15% 0 Stedman & Dyson Structural Engineers PIC 3% PE 20% Dr 30% 1% 3% 5% Van Dyke LLP Tim Jachlewski - Project Director Jeremy Craig - Project Manager Ling Chan- Project Manager, General Project Support Yale Hooper ~ Project Manager, Irrigation Support 25% 50% 10% 10% A.O. Reed & Co. Robin Callaway, Project Executive Chris Baer, Designer James Aaron, Project Management Chris Baer, Project Management Chris Laureman, Plumbing Foreman Aaron Dedecker, Piping Foreman Don Powell, Sheetmetal Foreman lO% 60% 20% 30% 50% 25% 50% City of Chula Vista Veterans Park RBF ConSultinq Jim Haughey Eric Hatschbach Monty Pearah Admin Staff Gould Electric Desicln Phase Bill Wright, Chief Estimator Bill Lefever, Sr. Superintendent Desitin Professionals Bechard & Long, Matt Long Standard Electronics, Brian Tremelling Construction Phase Bill Wright, Chief Estimator Dave Shaffer, Sr. Project Manager Dave Wedeking, General Foreman 25% 75% 50% 25% 100% 30% 100% 100% 20% 60% 30% Henry Durnaran Project Manager barnhart, inc. MR. DUMARAN is responsible for the day-to-day management of all phases of the project. He is involved in the direct management of the job site, including safety compliance, matedal control and the coordination of the design with subcontractors, inspectors, and owners. He is also responsible for coordination with the amhitect and the subcontractors, constructability and value engineering reviews during the design phase, schedule development, analysis of trade contractor's bids, contract writing and administration, budget and schedule management, and close liaison with the Owner. As Project Manager for barnhart, inc., Mr. Dumaran's responsibilities include reviewing and tracking submittals and change orders issued by the architect, as well as requests for clarifications, monthly job status reports and developing and tracking construction schedules using the computer program, Primavere. On-site responsibilities include engineering problem solving, assisting the superintendent with field questions and updating the construction schedule. Mr. Dumaran has extensive experience with large projects, ranging from $2 million to $170 million. Before joining Barnhart, Mr. Dumaran worked on large-scale projects such as hotels, shopping centers, university campuses, and sewage treatment plants. RESPONSIBILITY: Project Executive EDUCATION: B.S., Civil Engineering University of Pangasinan, Philippines PROJECTS: · Various school projects for the Chula Vista Elementary School District, Chula Vista · Westview High School, Poway · Chula Vista Middle School Modernization, Chula Vista · JamulCasino-$100 M new casino · Viejas Casino Parking Structure, Alpine · Disney's California Grand Hotel, Anaheim · Brand newcampus, Soka University · Hyatt Hotel, Saipan, CNMI · Flametree Condominiums, Saipan, CNMI · Joe Ten Shopping Center, Saipan, CNMI · Penthouse Asian Development Bank Building, Manila, Philippines · San Francisco International Airport Expansion, San Francisco · LA Coliseum Reconstruction, Los Angeles R N P '1 Principal-in-Charge, Architect EDUCATION: Bachelor of Architecture, 1976, Arizona State University PROFESSiOnAl. REGISTRATION: Licensed Architect, State of California, 1980, #C~10987 PROFESSK)NAL AFFIUA'nONS: Fellow, American Institute of Architects RALPH J. ROESLING, F.A.I.A. Roesling Nakamura Architects, Inc, Ralph J. Roesling has 27 years of experience in all phases of architecture and planning. He has served as project architect and principal-in-charge for various project types from office and retail uses to educational and civic buildings. Mr. Roesling has directed many major architectural and planning projects for private, governmental and institutional clients throughout California and abroad. He has extensive experience in assessment and evaluation of existing struc- tures for reuse and revitalization projects. His architectural projects have won several Honor Awards from the American Institute of Architects and an Orchid Award. He has lectured locally as well as abroad in Japan. PROJECt EXPERIENCE: Scripps Ranch Recreation Center, San Diego, CA Balsa Chica Rehabilitation of Beach Facilities, Huntington Beach, CA Recreation Center for the Blind, Balboa Park, San Diego, CA Carisbad High School Gymnasium, Carlsbad, CA San Diego City College Community Teleconference Center, San Diego, CA Naval Postgraduate School Gymnasium, NPS Monterey, CA La Mesa Civic Center Master Plan, La Mesa, CA Scripps Ranch Community Town Center Master Plan, San Diego, CA Isla Vista Elementary School, Goleta, CA Various Architectural Projects located in the California State Park System, CA PremiseLand Ranch Master Development Plan, Campo, CA National City Marine Terminal Restroom, National City, CA Scripps Ranch Community Park Concession / Restrocm Building, San Diego, CA Torrey Pines High School Concession / Comfort Building, San Diego, CA NAWS Point Mugu Housing Office and Community Recreation Facilities, Point Mugu, CA El Cajon Boulevard Business Retention and Revitalization Study, San Diego, CA East West Design Complex, Gaslamp Quarter, San Diego, CA Britannia Research & Development, San Diego, CA R N P '1 Project Manager EDUCATION: Bachelor of Architecture, 1977, Arizona State University PNOFESSmN~t. REGISTRATION: Licensed Architect, State of California, 1980 #C-12007 PROFESStONAL AFFILIATIONS: American Institute of Architects Blu. K~eeAsc., AIA Roesling Nakamura Architects, Inc. Bill Karrasch has over 26 years of architectural experience in the San Diego area. Before joining RNP, Mr. Karrasch was a project architect at several large architecture firms, as well as principal partner of his own firm where he completed a variety of residential, commercial and insfitu- fional projects. Currently he is project manager for the Bolsa Chica State Beach Rehabilitation in Huntington Beach, California PROJECT EXPERIENCE,' Bolsa Chica State Beach Rehabilitation of Beach Facilities, Huntington Beach, CA Torrey Hills Elementary School, Del Mar, CA PromiseLand Ranch Master Development Plan, Campo, CA San Diego Zoo Various Projects, San Diego, CA Fishhouse Foods 30,000 SF Manufacturing Facility, Vista, CA Cardiff Software 40,000 SF Corporate Office Building, Vista, CA Earthlite, Inc., 60,000 SF Manufacturing Facility, Vista, CA Tiritech Software Systems 40,000 SF Corporate Office Building, Vista, CA Horton Plaza Various Retail Stores, San Diego, CA General Dynamics Lindbergh Field Plant Vadous Projects, San Diego, CA U.S. Navy Warehouse and Office Rehabilitations, Barstow, CA Union-Tribune 30,000 SF Warehouse and Office Rehabilitation, San Diego, CA Quail Estates, 60 Acre Residential Master Plan, Imperial Valley, CA Forensic Investigation of Multi-Family Projects, San Diego, CA DENSO 250,000 SF Tilt-up Concrete Manufacturing Facility, Vista, CA Tony Gwynn 3,000 Seat Baseball Stadium at UCSD, San Diego, CA (Orchid Award) 3,500 SF Infill Office Building For Altomey, San Diego, CA 10,000 SF Office Building Rehabilitation / Conversion for M&M Development, San Diego, CA R N P -I Designer Bachelor of Art, Environmental Design, 1996, San Diego State University PROFESSIONAL R£G~s'm~'noN: Currently in the Architectural Review Exam Process ROMMEL Ot. AES, 11~3~RN Aac.n~CT Roesling Nakamura Architects, Inc. Rommel Olaes has over seven years of experience in architecture. Since joining RNP in 1996, Mr. Olaes has been the Designer for Cabrillo Elementary School Library Addition and Modernization, as well as, Job Captain and CAD Manager for several notable projects including the Bolsa Chica State Beach, Cadsbad High School Gymnasium, and the Balboa Elementary School Modernization. PROJECT EXPERIENCE: Carlsbad High School Gymnasium, Carlsbad, CA Cabrillo Elementary School Library Addition and Modernization, San Diego, CA Scripps Ranch Community Park Comfort Station, San Diego, CA Balboa Elementary School Classroom Addition & Modernization, San Diego, CA Navy Housing Facilities Maintenance and Management Plan, Navy-wide Isla Vista Elementary School, Goleta, CA Balboa Elementary School Loft Building, San Diego, CA Monterey Townhouses 65/69, Monterey, CA Bolsa Chica State Beach Renovation of Facilities, Huntington, Beach, CA Automobile Museum of San Diego, Balboa Park, San Diego, CA STEDMAN & DYSON STRUCTURAL ENGINEERS A CALIFORNIA CORPORATION ROBERT E. DYSON Structural Engineer POSITION: EDUCATION: PROFESSIONAL REGISTRATION: Principal, Stedraan & Dyson Structural Engineers, San Diego, CA University of California, Davis, Bachelor of Science-Civil Engineering Registered Structural Engineer, State of California, SE #2137 Registered Civil Engineer, State of California, CE # 23817 PROFESSIONAL AFFILIATIONS: EXPERIENCE: Member, Field Act Advisory Board, Division of the State Architect Past President, Structural Engineers Association of San Diego Past Director and Treasurer of SEAOC Araedcan Institute of Steel Construction Amedcan Society of Civil Engineers ICRI, ACI, and ICBO Robert Dyson has over 30 years of structural engineering design and design supervision exi3edence. This experience includes over 3,500 educational, commercial, industrial, medical, institutional, residential and railitary construction projects utilizing structural steel, concrete (cast-in-place and precast), raasonry and'timber construction. Mr. Dyson currently serves as one of two Structural Engineer appointees from Southern California on The Field Act Advisory Board for the Division of the State Amhitect. In addition, he currently serves on the NAVFAC/CELSOC Liaison Comraittee, Dept. of the Navy, Southwest Division, and served on numerous City of San Diego Committees, such as the "Board of Appeals and Advisors", the "Consultant Selection Coramittee," the "Committee on Seismic Retrofit of Older Buildings" and the "Equal Eraployment Opportunity Ordinance Cororaittee.' Mr. Dyson was/is the Structural Engineer of Record (SER) for literally hundreds of office and warehouse/industrial buildings including the 8-story {with 5 additional stories of basement parking) Professional Office Building; the 7-building, 350,000 square foot Mesa Vista comraercialN,,arehouse coraplex, the 3-story, P-095, office/laboratory/warehouse facility at Point Loma and the seisraic renovation of the 220,000(+) square foot Building #2 at AFP 19, all in San Diego. He is also the Structural Engineer of Record of numerous historic building renovations such as the Natural History Museum, Starlight Bowl, Z-Gallerie (McGurk Building) and even the MCB, Camp Pendleton Base Chapel, for which the Governor's Award for HistoriC: Renovation was recently presented. CAREER HISIORY: Principal, Stedraan & Dyson Structural Engineers, 1980 to present Structural Engineer, Flores & Stedman, 1979 to 1980. Projecl/Structural Engineer, Hope Engineers, 1979. Structural Engineer/Associate, Robert J. Crawford & Associates, Inc., 1977 to 1979. Civil Engineer, Atkinson, Johnson & Spurfier & Associates, Inc., 1972 to 1977. Lieutenant, U.S. Navy, 1968 to 1972. Junior Civil Engineer, State of California, Department 'of Water Resources, 1963 to 1968. STEDMAN & DYSON STRUCTURAL ENGINEERS A CALIFORNIA CORPORATION TAMARA E. ALLEN Structural Engineer POSITION: EDUCATION: PROFESSIONAL REGISTRATION: PROFESSIONAL AFFILIATIONS: EXPERIENCE: CAREER HISTORY: Structural Engineer, Stedman & Dyson Structural Engineem, San Diego, CA B.S.C.E. - San Diego State University, 1987 Registered Structural Engineer, State of California, SE #3795 Registered Civil Engineer, State of California, CE #45637 Structural Engineers Association of California, San Diego Chapter Tamara Allen has over 15 years of structural engineering design experience. This experience includes structural steel, concrete, masonry and wood building and bridge structures. Ms. Allen has extensive experience in the design, detailing, specification writing, project management and coordination and construction administration of structural engineering projects. Ms. Allen has been in responsible charge of projects such as the Georgia Street Bridge field investigation, review and preliminary design development; the Seismic retrofit of a 17-story non-ductile concrete frame residential tower; a Post-Earthquake investigation and repair for a 13-story, reinfomed concrete shear wall building; a Post-Earthquake investigation and repair of a 1,500+ member aluminum space frame and the value engineering/re-design of a 1,250 foot post-tensioned concrete box girder bridge. Structural Engineer, Stedman & Dyson Structural Engineers, San Diego, CA Structural Engineer 1997 to present James R. Libby & Associates/Libby Engineers, Inc., San Diego, CA Structural Design Engineer, 1993 to 1997 Blaylock-Willis and Associates, San Diego, CA Structural Design Engineer, 1987 to 1993 VAN D Y K E LLP TIMOTHY JACHI,It. WSKI, JR. Principal / Registered Landscape Architect EDUCATION Bachelor of Landscape Architecture S.U.N.Y College of Environmental Science and Forestry at Syracuse University, Syracuse, NY, 1994 Associate in Applied Science, State Uiversity of New York College of Techunlogy at Alfred, Alfred, NY, 1991 REGISTRATION Registered Landscape Architect State of California- g4547 State of New York- #1646 AlqqLIATIONS Member, American Society of Landscape Amhitects Council of LundscapeArchitectutal Registration Boards Mr. Jachlewski is a Principal of the firm and serves as Project Director. Mr. Jachlewski contributes considerable experience to the finn as a project landscape architect and land planner, having developed expertise intbe areas of site design, park and recreation design, historic redevelopment, urban planning, land use / community master planning and waterfront planning. Mr. Jachlewski has 9 years experienc~ in both the public and private sectors. Experience includes multi-year, multi4tisciplina~ large-scale projecls and small-scale, rapid turnaround projects. Several key projects are included below: Tel: 619294.8484 Fa~619.574.0626 Veterans (Sunbow) Park, Chula Vista, CA Sunset Cliffs Nataral Park Master Plan, San Diego, CA Mission Trails Regioud Park North, San Diego CA Rancho Encantada Neighborhood Parks, Sen Diego CA Morgan Hill Recreational Park, Riverside County, CA Morgan Hill Passive Park, Riverside County, CA Morgan Hill Recreational Center, Riverside County, CA JFK Park, Buffalo, NY* LaSalle Paflq Buffalo, NY* Broderick Park / Underground Railroad Memorial, Buffalo, NY* a~t,anrs Morgan Hill Community Development, Riverside County, CA Mit~ Phillippe Rancho Encantada Community Development, San Diego, CA RE& # 3781 Ca]avem Hills Community Development, Carlsbad, CA Dan Roberts Main I_aSalle Place Mixed Use l~ve]opment, Buffalo New York * (APA & ASLA ^wards) RLA # 4702 Willert Park Village Mixed UseDevelopment, Buffalo New York ~APA Award) Tim Jachlewskl · Project completed with another finn. mbra Winter VAN D Y K E LLP UmnOesign WaterManagem~ Gmph~Cemmud~ca~on YALE HOOPER Project Manager / Irrigation Designer & CAD Manager EDUCATION CERTIFICATION Irrigation Design Curriculum Mesa College, San Diego, '1999 Interactive Multimedia Design, San Diego City College, 2000 Rainbird Maxicom Training Program, 2002 Yale Hooper is a Project Manager of the firm and has over 5 years experience in irrigation master planning, irrigation design, and central control conversion services on several large scale projects, including maste~planned communities, military ho~ing communities, parks and recreation fae'flities, commercial facilities and public school facilities As a Project Manager, Mr. Hooper is currently responsible for the irrigation master planning, irrigation upgrade / redesign and construction admini,Caa~ services on a 3-year, $750,000 "as-nceded" contract for over twenty San Diego Unified School District public elementsry, middle and high schools. In addition, Mr. Hoopefs knowledgeable expertise assisted in the successful completion of landscape remvation plans for an U.S. Navy Indefinite Quantity Contract in which twenty military family housing sites were upgraded with an emphasis on water conservation, application of computer controlled irrigation system design and o~going water management. Mr. Hooper was responsible for field investigations and analysis, preparation of ennsh-uction documents, controller chart and irrigation asbuilts, construction administration, data input into the central control system, initial water management and water management training. Mr. Hooper also has focused expertise in the areas of drip irrigation design and irrigation controller programming, field investigations and ennstmction contract support services, as well as coordination of staff design and production egbrts. Members MSch Phillippe RI.z, # 378t Dan Roberts RLA#4702 Tim Jachlewskl I VA N D Y K E LLP LING CHAN Project Manager EDUCATION Bachelor of Science in Landscape Architecture California State Polytechnic University, Pomona, 1998 Ms. Chan con~ibutes over six yearn of experience to the finn as a Project Manager and Planner. Ms. Chan has expertise in the areas of irrigation master planning and design, grading and drainage and landscape architecture. Ms. Chan is responsible for coordination with in house staff and consultants and conducts Quality Control checks throughout thproject design process. Projects in which Ms. Chan is responsible for managing include: Veterans Park Master Plan, Chula Vista, CA Chula Vista Parks ADA Upgrades, City of Chula Vista, CA Otay Ranch Village Six Neighborhood Park, Chula Vista, CA College/Rolando Branch Librmy, San Diego, CA Rio Vista Villages and Community Parks, Cathedral City, CA Barona Valley Resort Hotel and Casino, Lakeside, CA Fort Rosecrans National Cemetery Columbarium (Design/Build), San Diego, CA SDSU Chemistry / BAM Facili~,, San Diego, CA ]DEC - Nobel Research Park, San Diego, CA Cymer incorpomtod, CSD 6, San Diego, CA Dana Inn Renovation, San Diego, CA With her previous employer, (Tfllespie Design Group, Ms. Chart was responsible for the landscape architectural planning anl design of several model homes in the San Diego area, such as Acacia Model Home Complex in San Elijo Hills Community, San Diego; Monterey Ridge Model Homes, San Diego; Carlsbad Planning Area 7 & 8 (Poinsettia Cove & Hanover) Communities Planning and ModeHomes. Other project experience includes San Diego Spectrum Street Improvements; Santaluz Units 1H4, Slope Plans & Open Space Plans, San Diego and Hillsdale Ranch Community and Recreational Area planning. I%A # 3781 Dan Roberts RLA # 4702 Tim Jachlewskl RLA #4547 ~ebra Winter Chief Financial Officer ~ VA N D JEREMY CRAIG Project Manager EDUCATION Bachelor of Landscape Architecture University of Toronto; Toronto, Ontario, 2001 University of British Columbia, Vancouver, British Columbia, 1997 Mr. Craig is a Project Manager at Van Dyke, LLP and servesas Project Manager. Mr. Craig offers over five years expertise in the areas of park and recreation master planning and design, community master planning, civic projects, urban planning, land use, construction documents and specifications. Mr. Craig is ale excels in photographic computer simulations, graphic communication and design. Mr. Craig is currently involved in the design of several parks and community developments, including facilities such as community centers and park and recreation facilitlesRelevant 'project experience includes land planning and design, constmctien documents, specifications and graphic design/s'tmulations for the following projects: · Veterans Park Master Plan, Chula Vista, CA Rancho Encantada Neighborhood Parks, San Diego CA Morgan Hill Recreational Park, Riverside County, CA Morgan Hill Passive Park, Riverside County, CA Morgan Hill Recreational Center, Riverside County, CA Morgan Hill Community Development, Riverside County, CA Rancho Encantada Community Development, San Iiego, CA Cummer Park Skateboard Facility, Toronto, Canada* Waterfront Park Plaza and Boardwalk, Pickering, Canada* *Project completed with another fa'm. RLA#3781 11m Jachlewski RLA #4547 Dobm W~ntor Chief Financial Officer I MICHAEL R. MclNTYRE, R.LA., L.C., C.LT. Principal, SITE Design Group, Inc. LICENSURES AND CERTIFICATIONS Arizona Landscape Architect ~34186 California Landscape Architect #4096 Utah Landscape Architect (reciprocity in progress) California Landscape Contractor #698979 Certified Landscape Technician (CLCA / ALCA): Construction #96595, Irrigation ~6617, Maintenance f¢96604 Certified Landscape Irrigation Auditor (IA) PROFESSIONAL AFFILIATIONS ??American Society of Landscape Architects ??National Recreation & Parks Association ??Adzona Small Business Association EDUCATION B.S. Landscape Architecture, School of Architecture & Environmental Design California Polytechnic State University, San Luis Obispo, CA, 1992. LECTURES AND PUBLICATIONS National Recreation & Park Assodiation - October 1999 Congress for Recreation & Pall(s, Education & Training Conference, Nashville Tennessee Selected Presentation: National Standards for Public Skate Parks Arizona Parks and Recreation Association - September 1999 Annual Education Convention, Scottsdale, Arizona Selected Presentation: Skate Park Planning & Design Landscal)e Architecture Maclazine "A good Thrashing" - March 1998 Featured in pages 63, 78-86, and 100, as a leading expert in Skate Park design and development. California Landscaeinq. "Return on Certification Investment" -August 1996 Featured on page 18 as one of the only Certified Landscape Technicians to have attained triple certification in construction, irrigation and maintenance. Amedcan Society of Landscape Architects - Lecture Series - October 1997 Cai Poly State University, San Luis Obispo, California Topic: International Construction Administration The Envirenrnent and Landscape of Korea, "Ski Resort Development" - December 1997 Featured in article on International Construction Administration for Muju Ski Resort, South Korea. Bay Cities Joint Power Insurance Authority, Guest Speaker - October 2000 and April 2001 Public Works Forum topic, ~kateboard Park Design, Construction, and Operation,"speaking in San Rafael and Emeryville, California. Page MICHAEL R. MclNTYRE, R.L.A., L.C., C.L.T. Principal, SITE Design Group, Inc. SELECTED PROJECT EXPERIENCE Public Skate Parks Abilene Skate Park Anthem Hills Skate Park & Site Planning - Del E. Webb Apache Junction Recreational Facility Aurora Wheel Park Master Plan Berkeley Skate Park Borrego Springs Skate Park Bushmaster Skate Park Calvary Chapel Skate Park Campfire USA Skate Park Chandler Skate Park & Site Improvements Foxglenn Skate Park Freestone Skate Park, Tennis & Site Improvements Julian Skate Park Keller Skate Park Lions Den Skate Park Logan Skate Park Los Altos Skate Park & Site Improvements Nogales Skate Park Northbrook Skate Park Oceanside Skate Park Ott Family YMCA Skate Park & Site Improvements Paradise Valley Skate Park Park City Skate Park Pecos Skate Park Peoria Skate Park Palm Springs Skate Park Robb Field Skate Park & Site Improvements Scott Carpenter Skate Park & Site Improvements Skate Park Development & Site Improvements Skate Park Development & Site Improvements Skate Park Feasibility Study South Side Skate Park (in-Line and Skate Park) Tempe Skate Park Tidelands Skate Park & Site Improvements Town of Taos Youth & Family Center Skate Park Verdugo Skate Park Wavehouse Skate Park William-Sam Memorial Skate Park Abilene. Texas Henderson, Nevada Apache Junction, Arizona Aurora, Colorado Berkeley, Califomia Borrego Springs. California Flagstaff, Arizona Albuquerque, New Mexico Tucson, Arizona Chandler. Arizona Flagstaff, .N~zona Gilbert, Arizona Julian, California Keller, Texas Fresno, California Logan, Utah Albuquerque, New Mexico Nogales, Arizona Northbrook, Illinois Oceanside, California Tucson, Adzona Phoenix, Arizona Park City, Utah Phoenix. Arizona Peoria, Arizona Palm Springs, California Ocean Beach, California Boulder. Colorado Berkeley, Califomia Garden Grove, California Odessa, Texas Santa Fe, New Mexico Tempe, Arizona Coronado, California Taos, New Mexico Glendale, California Durban, South Africa Midland, Texas Resorts Mardott Resort at Staff Pass Muju Ski Resort Sheraton San Mamos · Westin-Kieriand Resort Hotel Hyatt Lake Las Vegas Tucson, Arizona Jeonbuk, South Koraa Chandler, Arizona Phoen~,Arizona Las Vegas, Nevada Page 2 I MICHAEL R. MclNTYRE, R.L.A., L.C., C.L.T. Principal, SITE Design Group, Inc. Park Planning & Design Chandler Spods Complex Soccer Fields City of Chandler Multiple Parks (11 sites) Cupertino School District -Sport Fields for 9 Schools Downtown Streetscape Maintenance Master Plan Ed Levin Playground Development Guadalupe River Front Sister Cities Layout Kid's Land-Structure Design Roosevelt Park, Construction Phase Plan Vasona Playgrounds & Site Improvements Planned Communities Estrella Stmetscapes Summedin Streetscapes Industrial Parks Edenvale, South Silicon Valley Construction Management Applied Materials, Scott Boulevard Facilities Estrella Stmetscapes IBM Corporate - 303 Almaden Boulevard Monterey Bay Aquadum Research Institute Muju Ski Resort (6 months on site) Oracle Corporate Parkway Stanford Univemity-Ford Park Plaza Syutex Corp. Master Plan Renovation The Forum-Luxury Retirement Development Vadan Associates-Corporate Entry Western Canal Enhancement Chandler, Adzona Chandler, Arizona Cupertino, California San Jose, California Santa Clam, California San Jose, California Jeonbuk, South Korea San Jose, Califomia Santa Clara, California Goodyear, Adzona Las Vegas, Nevada San Jose, California San Clara, Califomia Goodyear, Adzona Jose, California Monterey, ~alifomia Jeonbuk, South Korea Redwood City, California Stanford, California Palo Alto, California Cupertino, California Palo Alto, California Gilbert, Adzona Page 3 RESUME Cun-ent 2~03 CHRISTOPHER M. BAER PROJECT MANAGER / DESIGN MANAGER EDUCA~ON UCSD - Mechanical Engineering UCSD Extension - Design & Controls of HVAC Systems UCSD Extension - Computer Aided Design - AutoCAD San Diego City College - Environmental Control American Business College - HVAC/R Systems Member of ASHRAE and ASPE organizations Chris joined A.O. Reed & Co. in 1999, with over fourteen years of experience. For ten years he was with a Mechanical Contractor and gained field experience as a Service Technician and Foreman. He also has four years of experience working as a Mechanical Designer and Project Engineer for a Mechanical Consulting Engineering finn. Chris has experience working on the following types of facilities: Commercial, Industrial, Highrise, Office, Educational, Governmental, Healthcare, Bio- Tech, Laboratory, Hotel, and Recreational. RESPONSIBILITIES Mr. Baer is currently responsible for the Mechanical/Plumbing Management and Design. This includes Equipment Selection, Energy Savings Analysis (Title 24), Specifications Writing, Computer Design and Drafting, Computer HVAC Load Calculations, Quality Control for Project Drawings, and Coordination with Disciplines on Projects. PROJECT EXPERIENCE * Callaway Golf Ball Manufacturing Facility · · Novartis Laboratories · · V.A. Hospital & Medical Center · * Embassy Suites Hotel · 421 Beverly Building'- Beverly Hills Barona Casino Viejas Casino Sycuan Casino SYSTEMS EXPERIENCE · HVAC Controls · HVAC Wet & Dry Systems · Refrigeration Wastewater · Dehumidification It4 126 Design/Build Engineering Energy Engineering Retrofit Design Indoor Air Quality RESUME JAMES AARON PROJECT MANAGER EDUCATION University of California, Riverside - B.A. Degree CERTIFICATION AND TRAINING Riverside Community College - HVAC Technical Training School Universal E.P.A. Certification BACKGROUND Mr. Aaron hasbeenemployedforoverthi~eenyeaminthe Mechanical related constru~ionindustry, seven ofwhichhavebeen with A.O. Reed& Co. asa Proje~ Manager. MANAGEMENT EXPERIENCE Mr. Aaron has extensive knowledge and experience in Prime contracting with emphasis in the HVAC industry. His duties include budgeting, estimating, bid preparation, negotiations, purchasing, issuance of sub-contracts, submittal preparation and scheduling. These duties are in addition to the normal administrative responsibilities of a Project Manager. SYSTEMS EXPERIENCE Involved in both Plan/Specification and Design/Build - New Construction and Retrofit Projects, he has design and construction experience in various HVAC systems,. including chilled water, hot water, condensor water and direct expansion. Equipment systems include central plants, constant volume, VAV systems, high-pressure loop systems, high volume exhaust systems, water source, DX packaged and split systems. Major projects A.O. Reed & Co. has completed utilizing Mr. Aaron's Project Management abilities include: Qualcomm Central Plant, Litton Data, G.S.A. Fish & Wildlife, Hitachi Headquarters, Biosite Inc., San Diego County Water Authority, 707 Broadway, 401 W. A Street, USD Building 5404, Vical, Inc., Torrey Pines Property Management, Amedcan Lung Association, Genesee Executive Plaza, Diego One Complex, Palomar Medical Center, Saks Fifth Avenue of La Jolla, Titan Linkabit, and Viejas Casino and Turf Club. These projects and more involved chiller and cooling tower replacements, outside air retrofits, tenant improvements and new construction in both HVAC and Plumbing. I SECTION 3 Iq-12.~ Design/Build Services City of Chula Vista Veterans Park Design/Build Services The bamhartJRNP Design-Build team is committed to bring to the City of Chula Vista a successful Design- Build project. The most important aspect to barnhart's approach is that it is unique to the City of Chula Vista. barnhart will manage all aspects of design, pre-construction, and construction as well as hard and soft costs, assisUng the City. Our specific approach to your program will begin with workshops that will shape the strategies for development of the new facility. Together, we will find the best solutions to achieve the goals and objectives of the project. Pa~neHng barnhart was the first company in the Southern California area to implement Partnering..loint sessions were held between barnhart and key subcontractors, the US Navy and the FAA on the TRACON Facility at NAS Miramar. The success of that pilot partnering session has since been implemented throughout our region and is now being implemented with our non-military clients. We believe that partnering will add to the cohesiveness of the government/management/design team. barnhart's objective is to establish a teaming atmosphere amongst all the stakeholders. This teeming atmosphere is based on trust, dedicaUon to common goals, and an understanding of each stakeholders individual expectations. If trust and common goals are established between each stakeholder at the beginning of the project, respect, commitment, and accountability will become part of the process. Getting to know each of the project parUcipants and understanding each others job responsibility is an important aspect of the partnering process. barnhart will schedule an initial partnering session following award of contract, prior to starting design work. This initial .session is dedicated to team introductions, an overview of the project requirements pre- established in the br'~lging documents, identification of potential challenges and possible solutions, identification of the core management teem and lines of authority established. From this initial session, a partnering charter will be written to identify goals such as communicaUon objectives, a conflict resolution system and performance objectives. This charter will be signed by each project stakeholder and will become the foundaUon of the team partnership. At close, the team will then establish a place and time for multiple follow-on sessions, which will be occur to ensure team-building skills are being incorporated and significant issues are addressed. The partnering process will aide in reduced project costs, timely delivery of the project, improved decision making timelines, superior safety compliance, improved quality control and an end project that each stakeholder can be proud of. Following, we have developed the subsequent work plan that will draw upon the depth of our Design-Build Team relationships, and provide the City with the maximum degree of flexibility during the process. Design/Build Services City of Chula Vista Veterans Park CONCEPT STAGE: The basic parameters of the building are conceived: site layout analysis design feasibility studies zoning review iniUal material selection iniUal HEPS designation iniUal structure selection elevation views · initial scale drawings SCHEMATZC STAGE: The basic design of the building is developed. confirmation of program requirements · final site location of the building · beginning of floor layouts · test site/borings · preliminary site plan · preliminary foundation plan · configuration of line loads · selection of framing system · iniUaUon of building code review · egress study · fire/life safety study · utility study · flow tests · HEP$ selection · determination of building materials · establishing quality levels product distribution study · revised scale drawings DESZGN DEVELOPMENT: Details am worked out and the design elements specifically defined, · establish floor heighl~ · MFJ~ design · framing system design · foundation design · coordination of drawings between designers · establishing egress and tim zones · fbdng building raatedals · developing wall sections · developing window sections · developing details · preliminary door and finish schedule · specif~:ations drafts · scale drawings as required CONSTRUCTION DOCUMENTS STAOE: Completion of design drawings, develop working drawings for construction. · complete floor layouts · complete elevations · complete MEPS · complete structural · complete specificaUons · complete coordination of design disciplines Cost Control/Budgeting/Value Engineering Dudng the construction document development stage, Barnhart team members will continually provide comparative cost studies of design elements and systems to ensure that cost-effective solutions are maintained in the drawings. These studies will note any changes in cost between the original and revised project budget. They will also identify all allowances remaining in the Budget and define any assumptions in the allowances. Value engineering suggestions will also be incorporated into the work to ensure that the project remains within budget while meeting goals for schedule, program, design function and aesthetics. As construction documents are completed, the Barnhart Team will continue to prepare cost reduction strategies for incorporation into bid documents to ensure the project budget is maintained. These conditions Design/Build Services City of Chula Vista Veterans Park at bid time, and ensure that the City of Chula Vista receives best value while maintaining the integrity of the design. The Barnhart Team members will also solicit additional cost saving suggestions from the trade-contractor community dudng the trade-contractor bidding phase of the project. During this time pealed, the construcUon market can provide additional savings through selective material/equipment substitutdons and/or labor cost savings through state-of-the-art applications. The Bamhart team members will present cost savings options to the design and Owner team members in conjunction with the results of preliminary subcontractor price proposals for possible inclusion. Upon the project team's evaluation and approval, Barnhart Team members will insure that all value engineering and cost savings suggestions have been incorporated into the final construction documents. CONS IKUCT/ON pHASE SERVICES: douglas e. bamhart, inc. provides "hands on" management. Dudng the construction phase, bamhart will oversee all construction activities at the job site while maintaining coordination between the bamhart crews, trade/specialty Contractors, RNP Architects, and Engineers, inspectors, and the City of Chula Vista. In addiUon, the Barnhart/RNP Design/Build team utilizes the most state-of-the-art design and construction software available, douglas e. bamhart, inc. also utilizes CPN schedules, created with the help of Primavera soltware. All Barohart managers use ProLog project manger software to track submittals and documents. Construction services provide: · Weekly progress meetings with the trade/specialty Contractors and Architect to resolve any pending items, address schedule performance, change orders, and forecast upcoming issues · Evaluation and t~cking of jot)site progress · Continual refining of master project schedule · Site utilization plan and general site condition requirements · i~lanagement of trade and specialty contractors, including schedule demands and Quality Control · Prepare a way for each trade/specialty contractor to start on the scheduled date · Develop and implement a quality control plan · Update of design review, change order, Request for information, and submittal logs are updated and printed weekly. · A Safety Director will be tasked with monitoring the City of Chula Vista site bi-monthly to confirm that established safety procedures are in effect. Schedule Control: Barnhart/RNP believe that scheduling is a critical component of the Design/Build Process. We have on staff three CPM (Critical Path Method) scheduling professionals devoted full-time to providing scheduling services to our clients. We uUlize a state-of-the-art CPM scheduling soltware, P3-Pdmavera. Barnhart Schedulers visit the jobsites weekly, and sit with the barnhart site manager to update work that is completed, and percentages complete of work in progress. Once the information is inputted, Barnhart Schedulers have a mulUtude of options with regards to schedule output formats, ranging from a 40'x44" color wall plot (for the jobsite trailer), to a 81/2xll color "look-ahead" schedule that only present the work scheduled for the next few weeks. Our Schedulers typically "filter" these schedules, so that each subcontractor receives a two-week look-ahead of just his work only. These are discussed weekly at the contractor coordinaUon meeUngs, and are also forwarded to each subcontractors home office, to ensure that each contractor is fully aware of upcoming milestone dates. A full-blown CPM schedule can be intimidating to look at, and of no use to the "average joe" in the field.. When professionally assembled, and monitored, these filtered, "look-ahead" schedules are easy to read, and understand, and are of major benefit to the subcontractors. As is usually the case, scheduling I Design/Build Services City of Chula Vista Veterans Park communication, and the ability to generate timely, easy to understand schedules is a critical component of any construction project, and in particular, a fast-paced project. Procurement: Bamhart/RNP brings to the City of Chula Vista a wealth of experience constructing public projects ranging from minor additions/renovations to complete large-scale fadlities. Bamhart/RNP will provide the City with proven experience and precise knowledge of local market trends and construction techniques. Our plan is to act as a second set of hands and eyes for the City, ensuring a successful project from the initial design through project completion. douglas e. bamhart, ir~:., working with RNP Architects and the City of Chula Vista will expedite procurement by preparing bid packages as needed based on the project schedule. Barnhart will structure the bid packages to allow for minimal interruptions in the design completion schedule, By identifying logical, stand-alone bid packages, the design effort will help to coordinate design and construction activities and maintain the integrity of the project schedule and budget. Quality Control: Barnhart/RNP's goa! is to provide the City of Chula Vista with a product of the highest quality. Achieving this quality will require a concerted effort from all parties involved, including design specialists, estimators, purchasers, onsite operations personnel, suppliers, trade-contractors and tradesparsons. Barnhart/RNP's quality control effort will begin dudng the construction document preparation phase with comprehensive reviews of the drawings and specifications. Detailed sub-contractor scopes of work will then be developed to ensure complete coverage of the requirements of the contract documents. Scopes will be developed based on the specification sections and drawings within each sub's responsibility. These scopes will be fu~her analyzed to address: items that are desired but that sub-contractors are not bound to by their respective specifications; items that may be located at the interface of two trades' work; items that are not desired in this sub-contractor's scope, but are included in its specificaUon section; and, Proprietary items, to help determine if plans and specifications ara being met. During construction, Barnhart will implement an onsite Quality Control program that will provide methods and guidelines to monitor and verify that each component of the project is fabricated, constructed, installed, inspected, tested and documented in compliance with the final approved construction documents. Barnhart/RNP's approach to quality control will be proactive to ensure that wOrk is installed correctly the first time. Our services include: Managing and coordinating all shop drawing submittals; Conducting pre-construction and preparatory conferences with every subcontractor; Continually inspecting all work while it is being performed; Constructing mock-ups where appropriate for approval by the City of Chula Vista. Participating in and monitoring all testing activities; Ensuring that all testing and inspections are performed propedy and that all results meet or exceed the contract document requirements; Maintaining a noncompliance work list and verifying that all noncompliance items have been corrected to the satisfaction of the City. Maintaining comprehensive and complete as-built documents throughout the duration of the project. Design/Build Services City of Chula Vista Veterans Park In order to coordinate and implement Bamhart's Quality Control Plan, we designate the Project Superintendent to work hand in hand with' the Quality Control Manager. 13arnhart's (~ualib/Control Manager will: Review and evaluate technical requirements and documents for specified quality requirements; Develop and maintain quality control testing and inspections procedures; Control, index and maintain all project qualib/control procedures, instructions, records, and documents. Log, distribute, control and file technical documents and approved changes to the project, rec~lling obsolete documents; inspect work performed each day for compliance with plans and spectr~:ations; Monitor quality control activities, assuring compliance with testing and inspection procedures; Document and report any discrepancies requiring corrective addon; and, Follow-up to ensure that corrective action has been taken. R H p Exhibit A SCOPE OF SERVICES FOR: '1 Sunbow Park PROJECT SUMMARY The RNP team undemtands that the City of Chula Vista intends to construct a new 10.6 acre neighborhood park that includes a new 16,000 SF Recreation Center Building, 300 SF restroom building, 200 SF storage building, and 3 shade structure buildings. Design services shall include architectural and structural engineering services. Services for locating underground utilities, traffic design, environmental consultants, a hazardous materials surveyor, and public artist shall be included on an as-needed basis and shall be considered an additional service or contracted directly with the City of Chula Vista. Landscape, civil, mechanical, electrical, and geotechnical services will be performed under a separate contract. The Consultant's scope of services shali be divided into four parts: Part A, Schematic Design, Part B, Design Development, Part C, Construction Documents, and Part D, Construction Administration. A full description includes the following: Task A. Schematic Desicln Task A.1. Plans Based upon the information gathered during the previous workshops, the Consultant will develop Schematic Plans based upon the "preferred development concepF. The plans shall include: 1) 2) 3) 4) A summary of building areas. Floor Plans, Roof Plans. Exterior elevation renderings with colors and materials depicted. Section Drawings. Task A.2. Deliverables 1) Schematic Plans. Two (2) full size copies. Task A.3. Staff Review Meetings 1) Schematic Design Plans. Consultant shall make a presentation of the Schematic Design Plans to the City Staff. This will be a review of the Design Development drawings. Review meetings shall be limited to two (2) presentations per the City's request. Task B. Desitin Develol~ment Upon approval of the Schematic Design and budget, the Consultant Team shall prepare design development documents illustrating the refinement of the design of the project, establishing the scope, relationships and appearance. These documents shall include drawings, layouts and outline specifications that identify major materials and systems and establish their general quality levels. Work will also include development of interior colors and matedal palettes, a description of furnishing and technology systems. Task B.1. Deliverables 1 ) Consultant shall deliver four (4) sets of the Design Development Documents to the City of Chula Vista for approval at the end of this phase. Progress sets will be furnished upon request of the City. Task B.2. Staff Review Meetings Consultant shall make a presentation of the Design Development Plans to the City Staff. This will R N P be a review of the Design Development drawings. Review meetings shall be · ~ limited to two (2) presentations per the City's requeSt. I Task C. Construction Documents Task C.1. Construction Documents Upon approval of the Design Development Documents and Budget, the Consultant Team shall prepare construction documents consisting of plans and specifications that set forth in detail the construction requirements of the project. These documents shall be suitable for bidding and construction. Task C.2. Permit Coordination The Consultant will provide permit ready plans through the City of Chula Vista Building Department and Fire Department. Task C.3. Deliverables Consultant shall deliver four (4) sets of the Construction Documents to the City of Chula Vista for approvalat 60% and lO0%completion ofthie phase. Progress sets willbe furnished upon request of the City. Task D. Construction Observation Task D.1. Bidding Coordination The Consultant will answer questions and prepare addenda to the construction documents during the bidding phase. Task D.2. Construction Administration The Consultant will provide Construction Administration Services limited to R.F.I. coordination, submittal review and a pre-construction conference. Task D.3. As-Built Drawings The Consultant will supply as-built drawings to the City based on contractor-supplied mark-ups. As-built CADD files can be available as an additional service Additional Services Additional services shall be provided only upon Owner's request and approval, and will be billed on a time and materials basis or estimated fee and will be submitted for approval. Additional services include, but are not limited to, the following: · Artist participation and design. · Preparation of revisions to approved drawings when such revisions are inconsistent with data or approvals previously given by the Owner (except for minor revisions). · Changes in design program, budget or schedule following interim approvals. · Additional meetings or presentations not listed in the Scope of Services. · Any other service not described within the scope described herein. · Change order coordination and documentation. · Verification of cost proposals from contractor. Reimbursable Exl~enses Reimbursable expenses are costs incurred by the Consultant in the interest of the project and will be billed at cost +10%. Reimbursable expenses include, but are not limited to, the following items: 1) 2) 3) 4) 5) Printing, reproductions and photography. Postage, messenger and delivery services. Models, mock-ups and other specialty exhibits. Cost of licenses, permits, fees or other approval costs. Long distance travel (greater than 50 miles), including mileage. R N P '1 Exclusions t) Civil Engineering Design. 2) Landscape and Hardscape Design. 3) Mechanical and Plumbing Design. 4) Electrical Design. 5) Traffic: The city shall contract directly with its own consultant for traffic studies. Consultant shall assist the City in defining an appropriate scope of work, if desired, and shall coordinate its work with the City's traffic consultant. Hazardous Materials: The potential for site contamination will be evaluated during the records reseamh and interview process. If it is determined during that process that there is a potential for site contamination, a more detailed analyses (by qualified consultants) may be required. Additional testing of all buildings, whether remodeled or demolished, may be required during subsequent design phases to comply with air pollution control requirements. 7) Site Biology:. For the purposes of this proposal, we have assumed that documentation of endangered species or sensitive habitats is not required. 8) 9) CEQA/NEPA Documentation: Environmental documentation is not included in this proposal. Underground Utilities Locater: The City shall contract directly with a utilities locating service to determine the location and type of all underground utilities. This information shall be forwarded to the consultant team for design coordination purposes. t0) Geotechnical Soils Investigation. ]1) Finish Scale Models. 12) Colored Renderings. VAN D Y K E LLP Veterans Park Chula Vista, California Proposed Scope of Work for Park Construction Documents and Consulting Services Januay 23, 2003 (Revised February 20, 2003) SCOPE OF WORK: The following scope of services includes design and construction documents (CD~) for landscape architectural, civil, and skateboard area site improvements for Veterans Park. This scope of service includes coordination meetings; Design Development phase; preparation of Construction Documents (30%, 60%, 90%, 100%) for purposes of estimating and construction of the improvements. Record Documents, Construction Period Services, Reproduction and Reimbursable Costs are also identified in this scope. PROJECT UNDERSTANDING: It is the intent of the City of Chula Vista to construct Veterans Park as a Design/Build project. The construction documents for the park and community center shall follow the '~/eterens Park Master Plan"prepared by Van Dyke, LLP and approved by the City of Chula Vista on 12/17102. John Kdzan, City of Chula Vista, Landscape Architecture Division shall be the City point-of-contact for the project. Douglas E. Barnhart, Inc. will serve as the general contractor. Tim Jachlewski, Principal of Van Dyke, LLP will be the consultant point-of-contact. Van Dyke, LLP will act as the prime design consultant to Douglas E. Barnhart, Inc. RBF Consulting and Site Design Group, Inc. will sub-cent~act with Van Dyke LLP for civil engineering and skate area consulting services. The limit of work covered under this contract includes all site improvements as shown on the ~/eterans Park Master Plan"and exterior improvements surrounding and up to all building walls. RNP Architects will contract directly with Douglas E. Bamhart, Inc., for architectural structures, including lhe community center, recreation storage building, large picnic shelter structure and park restreams/storage building. RNP Architects Will coordinate design efforts through Van Dyke, LLP. Any electrical engineering and specialty consultants not listed above are not included in this proposal. San Diego. CA 92103~995 Tel: 619.294.8484 Fa~61~574.0626 Dan Roberts RLA # 4702 Tim Sachlewski Debra Wlnler Chief Financial Officer Veterans Park Park Construction Documents Scope and Proposal Agreement Revised February 20, 2003 Page 2 of 10 EXHIBIT "A" SCOPE OF SERVICES A. DESIGN DEVELOPMENT Task 1 Research Consultant shall determine Client and City requirements for development of the park. Task 2 Topographic Compilation Consultant shall provide topographic compilation prior to beginning design. Items include invert elevations of underground utilities, design level cross sections of roads, and edge conditions along property boundary. Task 3 Plan Refinement In cooperation with the City of Chula Vista and general contractor, fudher develop the Veterans Park Master Plan." This fudher refinement and development may include: additional plan enlargements, sections, elevations, example photo graphics, materials lists and samples, catalog (~uts'and details that adequately portray design intent for further review by the owner, and for progress pdcing by the Contractor. B. CONSTRUCTION DOCUMENTS Task 4 Rough Grading and Erosion Control Plans Consultant shall prepare Rough Grading and Erosion Control plans to be processed with the City of Chula Vista in order to obtain a grading permit for the proposed Veterans Park Improvements. Said grading plan shall include pad grades for buildings and contour grading for the park and shall include drainage structures. Task5 Fine Grading Plan Consultant shall prepare a fine grading plan at 1" = 20' in accordance with the approved concept plan and the geeteshnical report provided by the Client. Said plan will show private improvements as outlined per the Architect. The plan shall show pavement elevations, parking lot pavement design, and drainage structures. Task 6 Demolition Plan Consultant shall prepare a demolition plan to indicate all existing items to be removed, such as site pavement, stmcfures and underground utilities, landscape and irrigation. Initial Veterans Park Park Construction Documents Scope and Proposal Agreement Revised February 20, 2003 Page 3 of 10 Task7 Task 8 Task 9 Task10 Task 11 Task12 Task13 Task14 Task15 Horizontal Control Plan Consultant shall prepare a horizontal conlrol plan to locate all buildings, retaining walls, curb, sidewalk, pavement, and utility locations associated with the site plan. Hydrology and Hydraulics Report Consultant shall prepare a Hydrology and Hydraulics Report for the private storm drain system in accordance with the drainage .policies of the City of Chula Vista. Said report shall be submitted to the City of Chula Vista for approval. Repert conclusions will be incorporated in the utility drawings. Utility Improvement Plans Consultant shall prepare improvement plans to provide water and sewer laterals to the building. This task includes coordinalJon with the mechanical engineer for fie in at building envelope. Includes coordination with mechanical engineer for tie in location. Street Improvement Plans Consultant shall provide plan and prot'de for the widening of East Palomar Road and Davies Ddw Plans shall include provisions for future signal interconnects, driveways and utility late_rals. This task item includes the preparation of detailed cross-sections for use by City and Contractor. Signing and Striping Plans Consultant shall prepare signing and striping plans for East Palomar Road and Davies Road. Traffic Control Plans Consultant shall prepare traffic control plans for work shown to construct the street widenings. Retaining Wall Plan & Profile Consultant shall prepare plans and protile for approximately 11,000 SF of CIP retaining walls as shown on the concept plans. Plans shall include detail sections and foundations and will be processed with the City. Structural Calculations Consultant shall prepare structural calculations for the retaining walls which will be processed with the City of Chula Vista. Construction/Hardscape Plans Consultant shall provide conslmction/hardscape plans including pavement/surfaces, fencing, railings, site furnishings, play structure amenities, mow strips, signage and athletic equipmenL Initial I Veterans Park Park Construction Documents Scope and Proposal Agreement Revised February 20, 2003 Page 4 of 10 Consultant shall provide construcfion/hardscape details, notes and schedules as necessary to effectively communicate design intent. Consultant shall provide technical construction/hardscape specifications, including general conditions, product equipment and material requirements, execution and installation procedures, testing requirements and walk through, maintenance period and final acceptance cdteria for construction/hardscape items. Task 16 Planting Plans Consultant shall provide planting plans, indicating quantity and numery container size of proposed plant material, existing vegetation to remain or to be removed, based on the approved submittals and City review and approval. Consultant shall provide planting details, notes and planting schedules in conformance with the City of Chula Vista Standards for landscape improvements as necessary to effectively communicate design intent. Consultant shall provide technical planting specifications, including general conditions, product equipment and material requirements, execution and installation procedures, testing requirements and walk through, maintenance period and final acceptance cdteda for landscape items. Task 17 Irrigation Plans Consultant shall provide irrigation plans, indicating all proposed irrigation components for an automatic irrigation system, considering peak demand, exposure, topography, plant materials, soil conditions, maintenance requirements and installation methods. Consultant shall provide irrigation construction plans, details, notes and legends in conformance with City of Chula Vista Standards as necessary to effectively communicate design intent and identify specific components needed to install irrigation equipment assemblies. Consultant shall provide technical irrigation specifications, including general conditions, equipment and material requirements, installation procedures, testing requirements and walk through, maintenance pedod and final acceptance criteria. Task 18 Skate Area Plans Consultant shall provide skate area plans, details, notes, specifications and construction documents for hardscape components to be constructed within the skate area identified on the Veterans Park Master Plan". __Initial Veterans Park Park Construction Documents Scope and Proposal Agreement Revised February 20, 2003 Page 5 of 10 Task Storm Water Pollution Prevention Plan for Construction Activities (SWPPP) Consultant shall provide a Storm Water Pollution Prevention Plan for Construction Activities (SWPPP). The SWPPP shall address requirements for compliance with the State Water Resources Coolrol Board (SWRCB) National Pollutant Discharge Elimination System General Permit. The SWPPP will be based upon site plans and soils reports provided by the Client to RBF Consulting at the time of Notice to Proceed. Revisions to the SWPPP resulting from future modification of these initial plans are excluded from this Scope of Services. Task 20 Storm Water Management Plan (SWMP) Consultant shall provide a Storm Water Management Plan (SWMP) that shall address requirements for compliance with the Regional Water Quality Conb'ol Board (RWQCB) Municipal Permit and the City's Standard Urban Stormwater Mitigation Plan (SUSMP). The SVVMP will characterize off-site drainage aff6cting the site, and analyze the existing and proposed hydrologic condition of the site. The SWMP will identify receiving waters, potential pollutants, and conditions of cencem. The SWMP will recommend best management practices (BMPs) to protect water resources to the maximum extent practical. Task21 Processing Consultant shall process plans through the City of Chula Vista and Otay Water District for approval. This task assumes a total of four submittals. Task 22 Architectural Coordination Consultant shall aUend meetings with the Architect to review and coordinate limit-of-work, materials, building character and site improvements for all park buildings designed by Architect under separate contract. Task 23 Meeting Attendance and Consultation Consultant shall attend meetings w'~h the Client to review the work included in this agreemenL A maximum of 20 meeting have been budgeted for this task. Any additional efforts will be provided as additional services as defined herein. C. CONSTRUCTION SUPPORT Task 24 Construction Support Services Participate in a pre-construction conference with the client and the contractor to discuss project requirements and review the conslmction documents to insure a complete understanding of required installation procedures prior to beginning consthmtion. In,al Veterans Park Park Construction Documents S~F. ope and Proposal Agreement Revised February 20, 2003 Page6of 10 Consultant shall respond to requests for information (RFI~) on behalf of the owner from contractor(s) and evaluate proposed consl~ucfion changas as required. Review Hardscape, Landscape and Irrigation Submittals prepared and submitted by the contractor to insure conformance to the construction documents and specifications. Task 25 Respond to site visit requests (up to 12 total meeitngs/site visits, excluding punch list walk-thrcoghs) from the owne~ representative or construction manager during construction of, landscape and irrigation to observe construction. A site report will be prepared after each visit, noting progress of installation, verbal communication with the contractor and identification of any observation which would indicate an opinion of non-conformance with the intent of the construction documents and/or specifications. Make one site visit at the completion of the pressure supply line installation to observe the irrigation system under complete pressure, as described in the irfigatJon technical specifications. A site report will be prepared after the visit, noting areas that did not remain intact dudng the pressure test, verbal communication with the contractor and identification of any field adjustments necessary which require modifications to the designed irriga§on system. Schedule and conduct one preliminary walk-through with the conl]-actor at the end of construction to review final construction of landscape and irrigation system installation and operation. A punch list of all items which need adjustment or correction will be prepared and submitted to the owner for record. The contractor will be required to complete all items on this punch list prior to a final walk through. Schedule and conduct a final walk-through for the project with the contractor to insure that the installation is complete, that all necessary adjuslments and corrections have been made per the preliminary walk-through punch list. All items on the punch list must be completed prior to sign -off for beginning of the Maintenance Period. Any items still not completed on the final walk-through will be recorded and documented. A copy of this final walk-through report will be sent to owner for record and response. As-Built Record Drawings Consultant shall revise the approved grading plan for the project, based upon field changes and revisions as provided by the Contractor's Field Superintendent and approved by the City of Chula Vista. Reproducible copies of final record drawings shall be submitted to the City for acceptance. Client record maps will be updated with as-built utility locations. Initial Veterans Park Park Construction Documents Scope and Proposal Agreement Revised February 20, 2003 Page7of 10 Prepare a final set of irrigation as-built drawings in AutoCAD 2000 from the redline as-built drawings submitted by the contractor. The as-built plan will contain all items in dicated in the as-built section of the irrigation specifications and will reflect field measurements from two permanent points of reference for all pertinent irrigation equipment. Prepare a final set of irrigation controller charts in AutoCAD 2000, which graphically identifies the location and extent of each valve station on the inigation system. Initial EXHIBIT 5 J:~BPC~BPC Adminisffation~3esign Build Agreements\Veterans Park 052103.doc EXHIBIT 6 J:~BPC~PC Administration~Design Build Agreements\Veterans Park 052103.doc v~ l q-t~Ir CITY OF CHULA VISTA REQUEST FOR QUALIFICAllON FOR CONSTRUCTION MANAGER/CONSTRUCTOR SERVICES City of Chula Vista Public Works Departme.~ 276 Fourth Avenue Chula Vista, CA 91910 RFQ issued: April 17, 21X30 Pre-Submittal Conference: Ap~27, RFQ Due: May 12, 2000 P ~a9~1 c~11 Table o[_Contents ..... 1. Introduction/Request for QualLfwation ........................................................................ 3 2. Critical Dates ................................................................................................... 3 3. Project Descriptioa ................................................................................................................ 4 4. Scope of Work ...................................................................................................................... 4-7 · Pre-Design Phase · Design Phase · Bid and Award Phase Construction Phase · Pos~- Construction Phase 5. Additional CMC and/or Subcontractor Opportunities. ....................................................... 6. Public Disclosure ................................................................................................................... 8 7. Submittal Format and Content. ............................................................................................ .8.-10 · Submittal C0ve~ .............................................................................................................. .8. · Table of Contents ............................................................................................................. 8.-10 I. Cover Letter H. Methods and S~xategic Plan 1~I. Qualifications and Experience IV. List of Project Personnel V. Organizational Chart XrL Other In'formation Xrl~. Schedule of Rates 8. Submittal Schedule ~'". 10 9. Submittal Selection Process ................................................................................................. 10 10. Submittal Evaluation Criteria ............................................................................................. 11. Contract Terms and Couditions. ......................................................................................... 11 12. Corporation Contac( ........................................................................................................... 11 Page 2- of 11 REQUEST FOR_QUALIFICATION CONSTRUCTION MANAGER/CONSTRUCTOR SERVICES ,) INTRODUCTION I REQUEST FOR QUALIEICATION (RFQ) The City of Chula Vista (CITY) is circulating this RFQ requesting statements of qualifications from Construction Managers/Constructors (CMC) qualified to provide to the CITY proper guidance and assistance in value engineering, construction management, and construction services/coordination for significant CITY capital improvement projects. The specific 'project requiting a proposal under this RFQ is the renovation and expansion of an existing facility that the CITY intends to use as its Public Works Operations Facility and Corporation Yard ("Corporation Yard"). A detailed description of this project is set forth below. Other CITY projects for which CMC services may be required over the next two years include a new Police Department Facility, the expansion of the Civic Center, new fire stations, parks/recreation facilities, and/or other projects as may be identified by the CITY. The selected CMC for the Corporation Yard will perform CMC services acting as the CITY's representative and agent to'manage the design, bidding process, and construction of the project. The CMC will contract directly with separate specialty contractors to perform the vadous trades comprising the entire scope of work. Contracts will be awarded using the CITY's competitive bidding process as outlined in Section 2.56 of the Chula Vista Municipal Code. The selected CMC will not be acting as a. General Contractor, but as Construction ManagedConstructor representing the CITY and managing the work under direction of CITY Staff. The CMC shall not be allowed to self-perform any trade work, nor. contract with affiliates to perform such work. All aspects of project planning, implementation and administration (such as change orders) shall be executed in accordance with the Chula Vista Municipal Code, City Charter and Policies. The selected CMC or CM shall provide evidence to demonstrate expertise in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost/benefit analysis, claims review and negotiation, and general management and administration of a construction project. The Corporation Yard CIVIC project will be awarded to the highest rated respondent with whom a successfu! contract can be negotiated. The next two highest rated respondents to the .RFQ shall also be placed on a construction services priority list (Priority List). The Pdodty List shall remain in effect for three years.. If the CITY determines that CMC services (or CM, construction management services alone) are necessary or desirable for additional CITY projects over this three-year period, the CITY may either award such projects to the highest rated respondent (subject to an acceptable agreement) or solicit proposals from the Priority List for such projects. If proposals are solicited, such projects shall be awarded to the highest rated respondent from the Priority List With whom a successful contract can be negotiated. The QITY reserves the right to reject any or all proposals in the CiTY's sole discretion at any time prior to an award. The CITY also reserves the dght to solicit proposals from outside the Priority List for future projects. CRITICAL DATES Pre-Submittal Conference Date and Time: April 27. 2000. at 10:00 a.m. Location: Chula Vista Public Services Buildinq, Conference Room 2 & 3 Submittal Due Date: May 12. 2000 Page 3 b~ 11 'PROJECT DESCRIPTION The CITY of Chula Vista has purchased the former South Bay Service Center from San Diego Gas & Electric Company (SDG&E).. The facility consists of an administrative office building, warehouse building and vehicle maintenance building on a 25 (Net 15.9) acre site. The site also contains a fueling island, employee and visitor parking area, and yard areas for vehicle parking and equipment. The CITY is in the process of acquiring a contiguous 7-acre property to the west of said site to be used mainly for Transit Operations. The CITY intends to utilize the SDG&E site as its pdmary Public Works Operations Facility and Corporation Yard. The futility would house the Public Works Department's Administ. ration, Sewer, .Streets, Traffic, Vehicle Maintenance, Building Maintenance, Construction Inspection, Survey, Parks Maintenance, Communication, and Central Stores functions. Additionally, other CITY functions will utilize the facility, such as Engineering, Transit and Planning (Building Inspection). The project will include the following pdmary facilities: . Administration Building - modification of existing 31,100 SF single story building to accommodate administrative and office needs of Corporation Yard and addition of 11,200 S.F. of new space. Shops Building. Renovate existing warehouse - modify existing 14,200 SF single story building by adding a meZZanine level and subdividing the building to serve various divisions. New Addition - add 16,800 SF single story to Shops Building. Warehouse - convert existing 11,400 SF single story Garage building into Warehouse for the Central Stores Division of Purchasing by removing designated equipment and making minor renovations. Maintenance Building - construct new 42,100 SF single story large vehicle repair facility with mezzanine space for storage. Fueling Island - construct 5,670 SF single story building and service canopy for refueling vehicles. Bus Wash - construct 3,400 SF single story building and service canopy for washing transit buses. Public Fleet Access Fueling Area. Househol~l Hazardous Waste (HHW) Drop Off Area. The project also includes landscaping, grading, paving, utility and site improvements to the adjacent property and building additions. The project is more particularly described in the plans, drawings and related documents and reports that are available for viewing in the offices of the Public Works/Operations Division of said plans and documents.. Please contact the "Corporation Contact" listed on page 11 to arrange for viewing. The project description maybe revised based on changes to said plans/documents. SCOPE OF WORK The CMC contract will take the form of a "Construction Manager as Owner's Representative" contract. It is NOT a design-build, guaranteed maximum price or General ContractodConstruction Man~ger (GC/CM) contract. It is the City's intent to bid the specialty contractor work in multiple bid packages plus various furniture, fixtures, and equipment (FF&E) procurement and installation packages. All bid packages will be publicly bid, in accordance with City Charter and, other applicable laws, by the CMC and the CITY of Chula Vista. Page 4 of ~, 1 -152- Notes: 1) Design of the Corporation Yard project has already been completed. The following Pre-Design and Design Phases tasks will not be required for said project, but may be needed on other potential projects. Future projects could include the new Police Department Facility, Civic Center Expansion, new fire stations, parks/recreation facilities, and other projects. 2) All software used in the preparation and/or implementation of any task performed in association with this RFQ and future contracts shall be compatible with software used by the CITY. 3) "Value Engineering" analysis will be required in the implementation of some of the tasks listed under the different phases outlined below. The scope of work includes, but is not limited to, the following: P~re-Deskm CProeramm_ inai Phase [not renuired for Comoration Yard Project1: · Prepare construction management plan. · Prepare master schedule. · Prepare phased milestone schedule. · Prepare project and construction budget; prepare cost-loaded schedule; establish construction-funding phases. · Estimate cost of vadous design and construction alternatives. · Establish project Management Information System (MIS). Design Phase [not reouired for Corlooration Yard Proiect]:- · Prepare construction management plan and information management plan for approval of owner. · Conduct project conferences. · Establish/maintain construction management plan and MIS; coordinate information flow. · Conduct bi-weekly project meetings with Project Manager, Architect, Engineers and City representatives as needed. · Review design documents for constructability, scheduling, and time of construction; and cladty, consistency and coordination. · Expedite owner's design reviews, including modifications, if any, based on value analysis. · Coprdinate approvals by regulatory agencies. · Prepare general conditions and supplemental conditions for specifications. · Prepare master CPM, or PERT or similar schedule. · Monitor design phase milestone schedule. ° Prepare pre-bid construction schedule. · Prepare project and construction budget. /q- 153 Page 5 of 11 o Estimate construction costs (updated monthly); prepare cost-loaded schedules; revise and refine construction/funding phases. · Undertake Value Engineering analysis. Prepare repod with recommendations to CITY. Bid and Award Phases: · Prepare and place notices and advertisements. · Expedite delivery of bid documents. · Conduct pre-bid conference. · Communicate pre-bid COnstruction schedule to bidders. · Review and coordinate addenda. · Estimate costs of addenda. · Conduct public bid opening and evaluation. · Conduct post-bid conference. · Assemble, deliver and execute contract documents. · Update master schedule monthly. · Analyze bids and reCOmmend award. · Prepare schedule reports on a monthly basis and alert within two days. · Update project cost reports monthly. · Finalize Phase Funding plan(s). Construction Phase: · Control. move-on activities including, but not limited to, union/nonunion access, storage, parking, temporary electrical, water and dust control/erosion activities. · Conduct pre-COnstruction conference. · Verify permits, bonds and insurance. · Provide COntinuous on-site management personnel; establish COnstruction phase communicatidn procedures. o 'Establish' bonstruction administration p~'0cedures. · Log, coordinate and review requests for information, shop drawings, samples and other submittals. · ConSuct project site meetings. Coordinate independent consultants and CITY forces (e.g;, testing and inspection). · Establish and implement change order control system. · Document changes due to unforeseen circumstances and recommend appropriate action. · Establish and implement quality control program. Specifically, insure that work conforms to requirements of contract documents. · Render decisions concerning disputes between contractors and CITY. · Collect and transmit operation and maintenance manuals, warranties and guarantees from contractors/suppliers. · Determine substantial completion for monthly payment. · Prepare punch list. Page 6 of 11 · Determine final completion and payment. · Review contractor construction schedules. · Update master schedule. · Review progress of construction; prepare monthly construction schedule reports. · Prepare/recommend change orders. · Detenmine effect of change orders on schedule. · Require contractors to prepare recovery schedule, as needed. · With each contractor, determine schedule of values. · Allocate cost to construction schedule of values. · Estimate cost of change orders and recommend action by City. · Maintain cost records for construction change authorizations. · Prepare trade-off studies. Review and coordinate payment applications. · Prepare scheduled maintenance reports. · Update project cost reports monthly. .· Revise project and construction budgets. · Prepare cash flow reports monthly. · Prepare progress payment reports. · Prepare change order reports. · Coordinate as-built drawings and surveys of construction site (by other consultants). · Coordinate procurement, storage, maintenance and installation of furniture, fixtures and equipment (FF&E), materials and supplies. post-Co~nstruction Phase: · Coordinate and expedite record drawings andspecifications. · Compile operations and maintenance manuals, warranties/ guarantees, and certificates. · ' Obtain occupancy permit; cobrdinate final testing, Bb~bmentation, and governmental inspections. · Coordinate change orders. · Pmpar.e.final accounting and close out reports. · Prepare occupancy plan reports. ADDITIONAL CMC AND/OR SUBCONTRACTOR OPPORTUNITIES The CMC may be called upon to retain subcontractors in order to perform additional work. Additional work opportunities include: · Space planning, programming and organization/reorganization · Architectural services · Remodeling work for existing buildings or office space · Cost estimating, Scheduling, and Value Engineering analysis Page 7 of 11 /¥ Such work]services will be awarded in the same manner as described in section 1, Introduction/Request for Qualification (RFQ). PUBLIC DISCLOSURE Under the California Public Rebords Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of your submittal should contain a paragraph that states whether or not your team believes that its submittal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not your team considers such information to be confidential, in the absence of a declaration, CITY may be obligated to. disclose your submittal to any party that requests it. Regardless of assertions of confidentiality, submittal contents may still be disclosed if City, or a court with jurisdiction, determines that such submittal is a pubiic record requiring disclosure. SUBMITTAL FORMAT AND CONTENT All respondents are required to follow the format specified below. The content of the submittal must be clear, concise, and complete. Each section of the submittal shall be tabbed according to the numbering system shown below to aid in expedient information retrieval (NOTE: Respondents shall base their submittals on the "Scope of Work"). Ten (10) copies of the submittal shall be delivered no later than 5:00 P.M. on May 12, 2000, to: City of Chula Vista · Public Works Depaii.,ent/Engineedng Division Project Design and Management 276 Fourth Avenue Chula Vista, CA 91910 Attention: Mr. Samir M. Nuhaily, Senior Civil Engineer .. Copie~ received by FAX are not acceptable Submittal C~qver Include the RFQ's title and submittal due date, the name, address, fax number and the telephone number of principal firm (or firms if there is a joint venture or association). T~able of Contents Include a complete and clear listing of headings and pages to allow easy reference to key information. Cover Letter - The cover letter should be bdef (two pages maximum). Descdbe how the deliverY of s~rvices will be provided to CITY, including the location of the firm's offices and the response time to CITY's requests. Descdbe those conditions, constraints, or problems that are unique to the scope of work that may adversely affect either the cost or work progress; identify the team members (i.e., joint partners and sub-consultants); and include the title and signature of the firm's contact person for this procurement. If the firm is Page 8 of 11 II. IlL IV. V VI. proposing to co-respond with another principal firm, the cover letter must specify the type of services to be provided by each firm and the proposed percentage allocated to that phase or function of the service. Include a paragraph pertaining to the requirements of the California Public Records Act (see "Public Disclosure", above). Any changes to the CITY's requested format or deletions of requested materials should be explained in the cover letter. The signatory shall be a person with official authority to bind the company. Me_thod_s and Strateqic Plan -Descdbe in detail your methods and plan for carrying out the Scope of Work. Qualifications and Experience - This section shall contain the following: A description of the applicant's experience in providing Construction Management/Constructor services for public entities and/or the private sector. Experiences in the past three years specifically related to the scope of work shall be listed consecutively with the awarding and completion dates noted. Each listed experience shall include the name(s) and telephone number(s) of 'the firm's project manager and the clients project manager. When listing team members or sub-consultants describe the listed experience and the exact tasks that each firm performed. For similar projects, please list the total cost of each project along with th6 total cost of overruns/change orders for such project. List of Proiect ~ers_om!el - This list should include the identification of the contact person with pdmary ~sponsib.i_lity for this project, other project personnel, including partners and/or sub-consultants, and their individual areas of resPOnsibility. The persons listed will be considered as committed to the project. A resume for each professional and technical person assigned to the project, including partners and/or sub-consultants, shall be submitted. The resumes shall include at least two references from previous assignments. Once the contract is awarded, no changes in key personnel will be allo~/ed without wdtten approval of the City. Oroanizational Chart - An Organizational chart containing the names of all key personnel, joint venture partners, and sub-consultants with titles and their specific task assignment for this project shall be provided in this section. _Other Informatiop ~ This section shall contain all other pertinent information regarding this procurement in the following order: Description of insurance coverage for prime respondent and co-venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims). Description of in-house resources for prime respondent and co-venture partner(s) (i.e., computer capabilities, software applications, modem protocol, an8 modeling programs, etc.). C. Respondents should provide, on a strictly confidential basis, the following information: 1 ) Audited financial statements for the last three years 2) Li~t of projects completed in the last year 3) List of projects currently under development, or construction with status, development schedule and financial commitment Page 9'of 11 4) List of projects currently involved in litigation or unresolved claims for the 'contractor VII. Schedule of Rates-- The respondent shall provide a Schedule of Rates for the principal firm (or firms if there is a joint venture or association). The schedule of rates shall consist of a list of project staff by title (not name) with maximum houdy billing rates. AIl Direct costs, handling charges and profit/overhead shall be included in the houdy billing rates provided. Any proposed reimbursable expenses should also be listed. If the respondent prefers a particular compensation structure (e.g. time and materials not to exceed, lump sum, percentage of project costs, etc.) this should be indicated. SUBMI"FI'AL SCHEDULE The solicitation receipt and evaluation of submittals and the selection of the provider of consultant services will conform to the following schedule (Note: Dates are subject to change): · Distribution/Advertisement- April 17. 2000 · Pre-Submittal Conference - April 27. 2000 · Submittal of Qualifications Deadline - May 12, 2000' · Submittal Review- May 15 throuqh May 19. 2000 · Interview- Week of May 22, 2000 · Contract Negotiation - Week of May 29, 2000 · City Council Approval - June 20, 2000 · Notice to Proceed - June 26. 2000 SUBMITTAL SELECTION PROCESS Staff will prepare a shbrt list of respondents. Short listed respondents will be requested to provide additional information on their proposed approach to the project in advance 'of the interviews. The finalists will be ranked and staff will negotiate with the top ranked firm or, if those nego. tiat!ons fail, with the second-radked firm; 'acid-~o forth. Following completion of successful negotiations, a CMC Pdodty List will be developed as stated in this RFQ's introduction. SUBMI'FrAL EVALUATION CRITERIA Submittals received by CITY will be evaluated according to the cdteria listed below: Conformance to the specified RFQ format; Organization, presentation, and content of the submittal; Specialized experience and technical cQmpetence of the firm(S), (including principal firms, joint venture-partners, and sub-consultants) considering the types of service required; the complexity of the project; record of performance; and the strength of the key personnel who will be dedicated to the project; Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner; Knowledge and understanding of the local environment and a local presence for interfacing with the CITY; Page 10bf 11 · Financial resources and stability of the principal consultant and/or a consultant team; · Ability to meet the insurance requirements unless CITY, at its sole discretion, decides to modify or waive the insurance requirements or elects to provide project insurance; · Competitive rates. CONTRACT TERMS AND CONDITIONS Issuance of this RFQ does not commit CITY to award a contract, or to pay any costs incurred in the preparation of a response to this request. CITY retains the dght to reject any or all submittals. All respondents should note that the execution of any contract pursuant to this RFQ is dep.endent upon the approval of the Chula Vista City Council in its sole discretion. Selection is also dependent upon .the negotiation of a mutually acceptable contract with the successful respondent. The contract-shall be prepared on a form acceptable to the CITY. The form of compensation shall be negotiated.' The CITY reserves the right to propose a variety of compensation structures, including: 1) time and materials not to exceed, 2) guaranteed lump sum, and 3) a percentage of project costs. Each submittal shall be valid for not less than one hundred and twenty (120) days from the date of receipt. The firm(s} selected to perform the work described in this RFQ will be required to provide evidence of Commercial General Liability insurance ~th combined single limits, "occurrence" form of not less than $2 million including Business Auto Liability to be placed With an insurer licensed to do business in the State of Califomia'with an A M Best's Rating of A-V or better insuring against all iiability of the City of Chula Vista, selected consultant, its subcontractor(s), and its authorized representatives, arising out of, or in connection with, the performance of work under the contract with CITY. Professional liability insurance shall be required of said firm in the minimum amount of $1 million, and Workers' Compensation with limits as required by the Labor Code of the State of California. Said insurance shall be provided at the sole cost and expense of the firm selected, - _unl_ess the requirement is modified or waived by the CITY. CITY*reserves the fight to increase the professional liability insurance (errors and omissions insurance) or to substitute project insurance dudng contract negotiations. CORPORATION CONTACT The CITY looks forward to receiving a submittal from you. If you have any questions regarding this RFQ, please contact: . Mr. Samir M. Nuhaily, Senior Civil Engineer City of Chula Vista Public Works DepartmentJEngineeting Division Project Design and Management 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5259 Note: Incomplete submittals, incorrect information, or late submittals may be cause for immediate disqualification. H:\SHARED~E N GINEER\CMC RFQ.rtf Page 11 bf 11 ITEM TITLE: COUNCIL AGENDA STATEMENT Item /~ Meeting Date 5/27103 Resolution Approving the Final "B" Map of Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhood R-TA/TB. Accepting on behalf of the City of Chula Vista, the easements 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 "B" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhoods R-7A/7B, and authorizing the Mayor to Execute Said Agreement. SUBMITTED BY: Director of Engineerin~gg,~/ REVIEWED BY: City Manager (4/Sths Vote: Yes No X ) On March 26, 2002, by Resolution No. 2002-089, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6. On August 27, 2002, by Resolution No. 2002-344, the City Council approved Village Six "A" Map Units 1 and 2. Tonight, Council will consider the approval of the Final "B" Map for Otay Ranch Village Six, Neighborhoods R-7A/7B Subdivision Improvement Agreemem and Supplemental Subdivision Improvement Agreement. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Map and the associated Subdivision Improvement Agreement for Otay Ranch Village Six, Neighborhood R-7A/7B. 2. Resolution approving the Supplemental Subdivision Improvement Agreement for Otay Ranch Village Six, Neighborhood R-7A/7B. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of Olympic Parkway and East of La Media Road within the Otay Ranch Village 6 SPA area. The Final Map includes 291 condominium units and consists of 3 numbered lots and 1 lettered lot, with a total area of 19.982 acres (see Exhibit 1). The final map has been reviewed by the Engineering and Planning Departments and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all easements within the Subdivision as shown on the map. Page 2, Item t ~ Meeting Date 5/27/03 The Developer has executed a Subdivision Improvement Agreement, which addresses the improvements related to the Map. The Developer has also executed a Supplemental Subdivision Improvement Agreement (SSIA) addressing on-going tentative map conditions of approval that will remain in effect and run with the land until released by transfer of ownership to a homeowner's association. Staff has reviewed said Agreement and determined that it satisfies all the applicable tentative map conditions for final map approval and recommends Council approval. The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of this Map within two years following map approval, or sooner if construction permits for the required improvements have been issued, The City Council has adopted a resolution approving the new Park Acquisition and Development Fees. The Developer has paid its share of the updated PAD fees and has agreed to provide an Irrevocable Offer of Dedication of Fee Interest or pay PAD fees, at the discretion of the Director Building and Park Construction, for its portion of the land acquisition obligation for community parks. This map has a preserve conveyance obligation which is met through a conveyance of open space land and the Conveyance Settlement Agreement with Otay Project which was approved on August 27, 2002 by Resolution No. 2002-341. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "B" Map and the Agreement. Exhibits and Attachments: Exhibit 1: Plat - Chula Vista Tract 02-05, Otay Ranch, Village Six, Neighborhood R-7A/7B. Exhibit 2: Developer's Disclosure Statement. Attachment A: Village Six Neighborhoods R-7A/7B SIA Attachment B: Village Six Neighborhoods R-7A/7B SSIA J:\Engineer\LANDDEV\Pro. jects\Otay Ranch Village 6\OR's Village 6\R-7A&B\Agenda R-7A& 7B f'mal.doc /~--i.~ . I~O/EO 'd 00S1::' 8'c:;c; 8qB (IS S]/blI DOSSU '8 ~I]HblSNF1H 6c; ."9[ £00~-8~-~dU City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2: If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation / partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has ~y person* associated with ~s con~act had ~y ~n~cial dealings with ~ official** of the City of Chula Vista as it relates to this con,act with the past 12 months? Yes ~ No ~ City of Chula Vista Disclosure Statement 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 Cotmcil? No )< Yes __ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes __ No Nf If Yes, which official** and what was the nature of item provided? Date: Signature of Contractor/Applicant Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city municipality, district, or other political subdivision, - or any other group of combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Conunissioner, Member of a board, commission, or committee of the City, employee, or staff members. RESOLUTION 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 02- 05, OTAY RANCH, VILLAGE SIX, NEIGHBORHOOD R-7A/7B. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS 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 SAD AGREEMENT. WHEREAS, on March 26, 2002, by Resolution No. 2002-089, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6; and WHEREAS, on August 27, 2002, by Resolution No. 2002-344, the City Council approved Village Six "A" Map Units 1 and 2; and WHEREAS, tonight the Council will consider the approval of the Final "B" Map for Otay Ranch Village Six, Neighborhoods R-7A/7B Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain maps survey entitled Chula Vista Tract 02-05 OTAY RANCH, VILLAGE SIX, NEIGHBORHOOD R-7A/7B and more particularly described as follows: A subdivision of Lots 1,2, and 3 of Chula Vista Tract No. 02-05, Otay Ranch, Village 6 Unit 1 "A" Map No. 1, in the City of Chula Vista, County of San Diego, State of California, according to map thereof No. 14446, filed in the Office of the County Recorder of San Diego County, September 18, 2002. Gross Area: 19.982 Acres Numbered Lots: 3 Public Open Space Lots: 2.075Acres No. of Lots: 4 Lettered Lots: 1 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, said Council hereby accepts on behalf of the City of Chula general utility and access easements for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said Council has acknowledged on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest in lot "A" for Public Open Space Purposes, all as shown on this map within this subdivision noting that 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. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she 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 easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated; and BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said ~nap 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, copy of which is on file in the office of the City Clerk as Document No. , is hereby approved. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: Cliff Swanson Director of Engineering City Attorney J :Atton~cy\ Reso\ResoRTA 7B THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL nn Moore City Attorney Dated: f .- Z/~- 0_...7- Subdivision Improvement Agreement between the City of Chula Vista and Otay Ranch R-7A, LLC and Otay Ranch R-7B, LLC 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 ,2003, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", OTAY RANCH R-7A, LLC, a California limited liability company, and OTAY RANCH R-7B, LLC, a California limited liability company, located at 270 Newport Center Drive, Suite 200, Newport Beach, CA 92626, hereinafter called "Subdivider" with referende 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 OTAY RANCH VILLAGE 6 NEIGHBORHOOD R-7A/7B (CVT 02-05) 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 requirements of Title 18 of tlae 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. 2002-089, approved on the 26th day of March, 2002 ("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. 03012-01 through 03012-28, 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 SEVEN HUNDRED FOUR THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND NO CENTS ($704,716.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligatign 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 perforn~ed, 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 therefore, 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 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 A~eement. 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 -2- t5-10 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 THREE HUNDRED FIFTY-TWO THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS AND NO CENTS ($352,358.000.00) 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 furuish 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 THREE HUNDRED FIFTY-TWO THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS AND NO CENTS ($352,358.00) 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 fi~mish 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 ELEVEN THOUSAND DOLLARS AND NO CENTS ($11,000.00) 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 ImprovemenI 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 hnprovement 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 ali 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 therefore, 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 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 hnprovernent 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 gearantee 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 o'mission 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 fbr any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, r~lated 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. Snch 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. TJ~e 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 irnpl-ovement 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 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. I5-1 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE 6 (CVT 02-05) 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' OTAY RANCH R-7A, LLC a Cali£omia limited liability company Mayor of the City of Chula Vista ATTEST City Clerk Approved as to fom~ by OTAY RANCH R-7B, LLC a California limited liability company City Attorney (Attach Notary Acknowledgment) -6- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / ss. County of On ~,~,~'~ ~ "'~o "5 before me, ~,,,~..¢... ~.vct personally appeared ~' ~ 1"_ ~ [~'~sonally known to me [] proved to me on the basis of satisfactory evidence to be the person(..~.-whose name(~) is/a~e subscribed to the within instrument and acknowledged to me that he/sbe,~m,y"executed the same in his/Ecdthcir authorized capacity(,ies), and that by his/hudg'mtr signature(syon the instrument the person(sC-or the entity upon behalf of which the person/~.~ acted, executed the instrument. 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 another document. Description of Attached Document Title or Type of Document: ~---~1~-~ ~.~ ~._.~'"~ l'"'(t'~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Exhibit "B" Exhibit "C" Improvement Security - Faithful Performance Form: Bond Amount: $352,358.00 hnprovement Security - Material and Labor: Form: Bond Amount: $352,358.00 Improvement Security - Monuments: Form: Bond Amount: $11,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years frow date of City Council approval of the Subdivision Improvement Agreement. J:',Attorney\SIAX,San Miguel Planning Area G -7- RESOLUTION NO. 2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING THE FINAL "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-05, OTAY VILLAGE SIX, NEIGHBORHOODS R- 7A/7B, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on March 26, 2002, by Resolution No. 2002-089, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6; and WHEREAS, on August 27, 2002, by Resolution No. 2002-344, the City Council approved Village Six "A" Map Units 1 and 2; and WHEREAS, tonight the Council will consider the approval of the Final "B" Map for Otay Ranch Village Six, Neighborhoods R-7A/7B Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve the Final "B" Map Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 02-05, Otay Ranch Village Six, Neighborhoods R-TA/7B, 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 agreement for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: Cliff Swanson Director of Engineering J:Atmmey\Reso~VlapWinal B Map CV Tract 02-05 Ann Moore City Attorney J:\attomey~resohnaps\final b map cv tract 02-05 /5--./7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FOPdVl BY THE CITY ATTORNEY'S OFFICE AND 'WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: .~'-- Z-/-- 0..) Supplemental Subdivision Improvement Agreement for the Otay Ranch Village Six Neighborhood R-7A/TB RECORDING REQUEST BY: City Clerk WHEN RECORDED If~AIL 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 SUPPLEMENTAL SUBDWISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORHOOD R-7A/7B (Conditions:l,2,3,4,5,8,10,11,12,17,19,20,24,25,37,48,50, 53,60,62,66,69,81,93,95,99,100,104,105,107,110,111,128, 131,132,134,135,136,142,154,155,156,157,158,165,166,170, 174,179,180,181,182, and 183 of Resolution No. 2002-089) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2003, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch R-7A, LLC, a Delaware Limited Liability Company, Otay Ranch ~-7B, LLC, a Delaware Limited Liability Company, and Otay Project, L.P., a California Limited Partnership, ("Developers" or "Grantors"), 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 part of Otay Ranch Village 6, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for a final map for the Property, more specifically known as Otay Ranch, Village Six, Neighborhood R-7A/7B. B. Otay Project L.P. conveyed titled Neighborhoods R-7A to Otay Ranch R-7A, LLC, on October 23, 2002. Otay Project L.P. conveyed titled Neighborhoods R-7B to Otay Ranch R-7B, LLC, and on December 30,2002. C. Developer and/or Developer's predecessor in interest has applied for and the City has.. approved Tentative Subdiv!sion Map commonly referred to as Chula Vista Tract 02-05 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26, 2002, pursuant to which it has approved a Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map of the property known as Otay Ranch, Village Six, Neighborhood R-7AJ7B 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. "Notice of Decision" means the Design Review Committee findings and conditions for case number DRC-02-54 G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means the final map for Otay Ranch, Village Six, R-7A/7B. 2. "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 assignors of any property within the boundaries of the map. This includes Otay Project L.P., Otay Ranch R-7B, LLC, and any and all owners of real property within the boundaries of the Property. 3. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2002-022 as may be amended from time to time. 2 /5-ZO 5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended fi:om time to time. 6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 7. "Village Six SPA" means the Village Six Sectional Planning Area Plan as adopted by the City Council on January 22, 2002 pursuant to Resolution No. 2002-022. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the all obligations of paragraphs 9, 12, and 13 of this Agreement. Notwithstanding the foregoing, parties to this agreement acknowledge and agree that all such obligations remain a covenant mrming with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds sectwing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 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 until released by the mutual consent of the parties. b. Agreement Runs with the Laud. 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 Cify 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 fi:om Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must 3 I¢-Zt obtain the 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 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 fight 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. 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, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreemem, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 1 - (General Preliminary) In satisfaction of Condition No. 1 of the Resolution, Developer hereby agrees that 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. For purposes of this document the term "Developer" shall also mean "Applicant". 4 4. Condition No. 2 - (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual', Design Review Committee, Notice of Decision DRC-02-54, Otay Ranch General Development Plan, Otay Ranch Overall Design Plan, adopted on March 14, 1995, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (EI~R 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents including: Public.. Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan; and the Non-Renewable Energy Conservation Plan as amended fi.om time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shalI be subject to approval by the City Council. 5. Condition No. 3 - (General Preliminary). In satisfaction of Condition No. 3 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, 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 agrees to 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. 6. Condition No. 4 ~ (General Preliminary). In satisfaction of Condition No. 4 of the Resolution, Developer 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 the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No. 5 (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer agrees to comply with all applicable Village Six SPA conditions of approval, (PCM 99-15) as maybe amended fi.om time to time. 8. Condition No. 8 - (General Preliminary). In satisfaction of Condition No. 8 of the Resolution, a reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance anc[ the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the funding of the preparation of an annual report 5 monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 9. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of the Resolution, the Master Developer agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of thc Director of Planning and Building. 10. Condition No. 11 - (General Preliminary). In satisfaction of condition No. 11 of the Resolution, the Master Developer agrees that should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control 11. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the Resolution, the Master Developer agrees to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 98-01 (SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 98-01) for this project. 12. Condition No. 17 - (Environmental). In satisfaction of condition No. 17 of the Resolution, the Developer agrees that simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Developer agrees to cease all cattle grazing on the land to be conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Developer agrees to comply with the requirements of the RMP, Phase One and Two, Range Management Plan to the satisfaction of the Director of Planning and Building. 13. Condition No. 19 and 20 - (Environmental). In satisfaction of condition No. 19 of the Resolution, the Applicant agrees to convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the request of the POM for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant further agrees to maintain and manage the offered conveyance property consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. 14. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the Resolution, the Developer agrees that unless requked noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report for Otay Ranch Village Six, dated September 24, 2001, unless earlier modified by agreement with the City of Chula Vista, CTV or its successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-125 shall be coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in interest. Noise barrier design and construction adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Plarming and Building that the applicable noise standards will be achieved by a modified design. 15. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25 of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and implementation of the Village Six SPA Plan Area with all other developers within Village Six including phasing, grading, improvements and dedication of right-of-way. 16. Condition No. 37 - (Pedestrian Access). In satisfaction of condition No. 37 of the Resolution, the Developer agrees to align the fifteen foot (15') wide p~destrian access from Neighborhoods R-7 to R-3 to ensure a continuous, smooth connection of this pedestrian access between property owners, to the satisfaction of the Director of Planning and Building, or designee, and the City Engineer. There shall be no off-sets in the pedestrian access' joining points between property lines. The 15' wide pedestrian access easement as shown on the approved Final Map shall contain a six foot (6') wide, paved sidewalk, which shall also be aligned between properties, connecting the two Neighborhoods and shall be landscaped to the satisfaction of the Director of Planning and Building. 17. Condition No. 48 - (Public Facilities). In partial satisfaction of condition No. 48 of the Resolution, the Developer agrees to construct and secure in accordance with Section 18.16.220 of the Municipal Code, the required street improvements fol' Otay Lakes Road from East 'tH" Street to Telegraph Canyon Road. (The bonds descriptions and amounts are listed in Exhibit "B" attached.) 18. Condition No. 50 - (?FDIF). In satisfaction of condition No. 50 of the Resolution, the Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Developer will receive appropriate credit for such participation. 19. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of the resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended fi:om time to time. The Developer agrees to provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 20. Condition No. 60 - (Transit Facilities). In satisfaction of condition No. 60 of the Resolution, the Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 21. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of the Resolution, the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "American with Disabilities Act" standards and 2001 California Building Code, Chapter l l-A, Housing Accessibility as approved by the Director of Planning and Building Department. In the event the Federal Government adopts 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 by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 22. Condition No. 66 - (Private Facilities).- In satisfaction of condition No. 66 of the Resolution, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: The developer enters into an agreement with the City where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the develop er whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the successors and assigns of the developer. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 23. Condition No. 69 - (Street Names). In satisfaction of condition No. 69 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for production homes for the Project. 24. Condition No. 81 - (NPDES). In satisfaction of condition No. 81 of the Resolution, the Developer agrees to the following: That development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency CLTSEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoffand storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements; To file a 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 grad'mg activities; That the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify fimding mechanisms for post construction control measures; To 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; To design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; f. That the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit' includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; and To comply with all relevant City regulations and policies includ'mg, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non- structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 25. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of the Resolution, Developer agrees to the following: Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01 ) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. 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 Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. - That the City Engineer may require incorporation of Standard Urban Storm Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit as determined by the City Engineer. l0 To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, ma'mtenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the fight to challenge the mount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the fight of any person to vote ha a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Ma'mtenance District subject to the approval of the City Engineer. 26. Condition No. 95- (Sewer). In satisfaction of condition No. 95 of the Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding for implementing and updating the Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. 27. Condition No. 99 - (Parks and Open Space). In satisfaction 0fcondition No. 99 of the Resolution, the Developer agrees that the Village Six Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision ora 7.0 net-acre Neighborhood Park (P- 1). The remaining requirement shall be satisfied in a future Community Park through the payment o f fees, dedication of land, or a combination thereof in a manner acceptable to the Director Building and Park Construction. 28. Condition No. 100- (Community Parkland Obligation). In satisfaction of condition No. 100 of the Resolution, the Developer shall satisfy its commtmity parkland obligation in a manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director Building and Park Construction. 29. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition No. 104, upon request of the Director of Building and Park Construction and his/her sole discretion, the Developer agrees to update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan. 30. Condition No. 105 - (Landscape Master Plan). In partial satisfaction of condition No. 105 of the Resolution, the Developer agrees that all walls shall be constructed pursuant to EIR 98- 01 and the Village Six SPA Plan. 13. 31. Condition No. 107 - (Trail and irrigation slope erosion control plans). In partial satisfaction of condition No. 107 of the Resolution, the Developer has submitted a written request for an extension of time for commencement of installation of all landscape, trails and irrigated slope erosion control improvement associated with the approved Village 6 Rough Grading Permit. All plans for such improvements shall be prepared in accordance with the current Chnia Vista Landscape Manual and Grading Ordinance, as may be amended fi.om time to time. Applicant shall install landscape, trail and irrigation slope erosion control in accordance with approved plans no later than eight weeks after the approval of the slope landscape and irrigation plans, with completion of improvements and commencement of the maintenance establishment period anticipated within nine months of commencement of installation. If the work cannot be completed within the specified time, the Applicant may request a further extension, which may be granted at the discretion of the Director of Planning and Building 32. Condition No. 110- (Certificate of Deposit). In satisfaction of condition No. 110 of the Resolution, prior to the issuance ora building permit for the 250th dwelling unit for the Projcct, thc Developer agrees to provide thc City with either a letter of credit or a certificate of&posit naming the City as beneficiary in the sum equal to two-thirds of thc full cost of park P-1 construction, pursuant to the PAD Fees in effect at that time. The letter of credit or certificate of deposit shall bc in a form acceptable to the City. The letter of credit or ccrtiftcate of deposit shall bc released upon applicant's fulftllmcnt of its obligation for the pork P- 1 but may, upon request, be incrementally reduced in value as park construction progresses in the discretion of the Director Building and Park Construction. 33. Condition No. 111- (Park P-l). In partial satisfaction ofc6nditionNo. 111 of the Resolution, upon the request of the director of Building and Park Construction, the Developer agrees to provide an all weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City. 34. Condition No. 128 - (MHOA Responsibilities). In partial satisfaction of condition No. 128 of the Resolution, future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated armual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow, which approval shall not be unreasonably withheld. 35. Condition No. 131- (Open space walls). In partial satisfaction of condition No. 131 of the Resolution, the Developer shall grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured fi.om face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director o fPlanning and Building. (Engineering, Planning and Building). 36. Condition No. 132 - (Walls adjoining open space). In satisfaction of condition 3_2 No. 132 of the Resolution, the Developer agrees to ensure that all buyers of individual lots adjoining open space lots, coma'ming walls maintained by the open space district, sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City or HOA property and that they shall not modify or supplement the wall or encroach onto the property. These restrictions shall also be incorporated in the CC&R's for all lots. 37. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 of the Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 38. Condition No. 135 - (Open Space Deposit). In satisfaction of condition No. 135 of the Resolution, prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the Developer has placed a cash d~osit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Building & Park Construction, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determhaed by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director Building & Park Construction. 39. Condition No. 136 - (Assessments/bonded indebtedness). In satisfaction of condition No. 136 of the Resolution, prior to City acceptance of any open space lots, the Developer shall demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 40. Condition No. 142 - (Sight Distance). In satisfaction of condition No. 148 of the Resolution, the Developer agrees to design landscape and irrigation plans such that street tree 3_3 placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. 41. Condition No. 154 - (GMOC). In satisfaction of condition No. 154 of the Resolution, the developer agrees to the following: That the City may withhold building permits for the Project if any one of the following occurs: Regional development threshold limits set by a Chula Vista traffic or transportation plans, 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 the 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. 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. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Six SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. To defend, indemnify and hold harmless the City and its agents, officers an 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 its Planning Conurdssion, 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 provided the 2_4 City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. Permit all cable television companies fi'anchised by the City of Chula Vista 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 enfomeable 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 15anchised by the City of Chula Vista, the condition of such grant being that: 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 the placement of such conduits; and ii. Any such cable company is and remains in compliance with, and promises to remain 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. 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 Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 42. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following: Participate, 9n a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 3.5 43. Condition No. 156- (Previous Agreements). In satisfaction of condition No. 156 of the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the tentative map, including the "A" map agreement recorded as San Diego County recorder document # 2002-0756899. 44. Condition No. 157 - (Street Sweeping). In satisfaction of condition No. 157 of the Resolution, the Developer agrees to cause street sweeping to commence immediately after the paving of the first street in the project has been completed, and the Developer agrees to continue sweeping until an entity such as a homeowner's sub-association assume responsibility. 45. Condition No. 158- (Regional Impact Fee). In satisfaction of condition No. 158 of the Resolution, the Developer agrees to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer further agrees to not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. 46. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the Resolution, the Developer agrees install all public facilities in accordance with the Village Six Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) a~ may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). 47. Condition No. 166 - (Interim Facilities). In satisfaction of condition No. 166 of the Resolution, the Developer agrees to that the maintenance and demolition of ali interim facilities (public facilities, utilities and improvements) is the Developer's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. 48. Condition No. 170 - (Annual Report). In satisfaction of condition No. 170 of the Resolution, pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plam(GDP), and as they may be amended from time to time, the Developer agrees to complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 49. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of the Resolution, prior to Developer constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Developer agrees to work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. 50. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 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. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 51. Condition No. 180- (Fees). In satisfaction of condition No. 180 of the Resolution, the Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. c. Signal Participation Fees. d. All applicable sewer fees, including but not limited to sewer connection fees. e. Interim SR-125 impact fee. fi Poggi Canyon Sewer Basin DIF. g. Pedestrian Bridge fee. Pay the amount of said fees in effect at the time of issuance of building permits. 52. Condition No. 181- (Compliance). In- satisfaction of condition No. 181 of the Resolution, the Developer agrees to Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 53. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition No. 182 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a '~4otice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46,020 regarding projected taxes and assessments. The developer agrees to submit the disclosure form for approval by the City 17 Engineer prior to Final Map approval. 54. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of the Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended fi:om 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). 55. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial or full satisfaction of Developer's obligation of Conditions: (1,2, 3, 4, 5, 8, 10, 11, 12, 17, 19, 20, 24, 25, 37, 48, 50, 53, 60, 62, 66, 69, 81, 93, 95, 99, 100, 104, 105,107, 110, 111, 128, 131,132, 134, 135, 136, 142, 154, 155,156, 157, 158, 165, 166, 170, 174, 179, 180, 181,182, and 183 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 Project, as may be appropriate. 56. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance ~vith and implement the terms, conditions and provisions therein. 57. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 58. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire Village Six SPA project area, 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 reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 59. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 02-05 conditions applicable specifically to the Final Maps for the Property. 60. Miscellaneous. a. Notices. Unless otherwise provided'in this Agreement or by law, any and all 3_8 notices required or permitted by this Agreement or by law to be served on or dehvered 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 Otay Project L.P. 350 W. Ash St., Suite 730 San Diego, CA 92101 Attn: Chuck Cater Otay Ranch, R-7B LLC 270 Newport Center Drive, Suite 200 Newport Beach, CA 92660 A party may change such address for the purpose of this paragraph by giving whtten 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. Assignability. 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 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. L Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. g. 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 SIGNATURE PAGES] 2O /5 -3£ [PAGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORItOOD R-7A/7B] CITY OF CHULA VISTA Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to Form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 21 [PAGE TWO OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORHOOD R-7AI7B] DEVELOPERS/OWNERS: Otay Project L.P., a California limited partnership By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member l/t ~' ta/~t)t-/r'7 DATED: 5~ ,2003 (ATTACH NOTARY ACKNOWLEDGMENTS) 22 [PAGE THREE OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORHOOD R-7A/7B] DEVELOPERS/OWNERS: Otay Ranch R-7A, LLC, a Delaware Limited Liability Company Authorized Member ~'/c~' /,a~3'ttg~' DATED: 5"'/t~ ,2003 (ATTACH NOTARY ACKNOWLEDGMENTS) 23 [PAGE FOUR OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX NEIGHBORHOOD R-7A/7B] DEVELOPERS/OWNERS: Otay Ranch R-7B, LLC, a Delaware Limited Liability Company Authorized Member t. c ~ ~,0~ DATED: 5'/~ ,2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of $'~"" '~"~"~ On ~,~I ,,~'7D.~.O.'~O~ beforeme, I~t~*.~ ,,.~,,.~:, ~v~"t'~ ~ personally appeared (~-~r,~.t'~.~ "T% ~ ES"'~rsonally known to me [] proved to me on the basis of satisfactory evidence to be the person(..s.)--whose name(~ isJ~'e subscribed to the within instrument and acknowledged to me that he/she,/fhey.~xecuted the same in his/h,~r/tF,ei~ authorized capacity(late,, and that by his/I,~,t/tt'reir signature(e) on the instrument the person/~)~or the entity upon behalf of which the person.~ acted, executed the instrument. 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 another document. Description of Attached Document {~,,~'I-~17L--=~ ~-~ ~,~,~=,-,'r" Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] individual [] Corporate Officer -- 'l~tle(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: (ATTACH NOTARY ACKNOWLEDGMENTS) List of Exhibits Exhibit A Exhibit B Legal Description of Property Performance Bonds EXHIBIT A LEGAL DESCRIPTIONS NEIGHBORHOOD R-TA/TB Lots 1, 2, and 3 according to map thereof No. 14446, Chula Vista Tract No. 02-05 Otay Ranch, Village Six "A" Map Unit 1 No. 1 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on September 18, 2002. 15- CITY COUNCIL AGENDA STATEMENT Item: ~(q Meeting Date: 5/27/03 ITEM TITLE: SUBMITTED BY: Initial Report Regarding Impllementation Recommendations Assistant City Manager Director of Planning and Building of Schools Task Force REVIEWED BY: City Manager ( 4/5ths Vote: Yes __ No X ) At the City Council meeting of May 13, 2003, the Council received a presentation on the "Chula Vista City / Schools Task Force Report" by John Moot, Chairman of the Schools Task Force. The City Council referred the report to City staff, and requested an initial report from staff regarding recommended implementation actions in two weeks. RECOMMENDATION: That Council: Authorize the Mayor to send a letter to the Sweetwater Union High School District and Chula Vista Elementary School District expressing the City Council's support of the Task Force recommendation "to create an Ad Hoc Committee of the Agencies to regularly examine and recommend solutions for high enrollment schools," and recommending that the first meeting of the Ad Hoc Committee be scheduled to occur within 60 days of acceptance of the report by the two school districts; and Direct City staff to work with the staff of the two school districts to develop a recommended work program for evaluation and implementation of the other recommendations contained in the report, and to present that recommended work program to the Ad Hoc Committee at its first meeting. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As noted above, the City Council accepted the report of the Schools Task Force on May 13, and referred it to staff for initial recommendations regarding implementation. In reviewing the major recommendations in the report, staff believes that the initial recommendation to create an ad hoc committee made up of two representatives of the policy boards of the City and the two school districts has significant merit, and should be acted on immediately by the City Council, in order to communicate to the school district boards the City's desire to continue to work cooperatively with the two districts to address the other recommendations contained in the report. Therefore, staff is recommending that the Council authorize the Mayor to send a letter to the two districts Page 2, Item /~a Meeting Date 5/27/03 expressing the City's support for this recommendation, and suggesting that the Ad Hoc Committee be formed within 60 days of acceptance of the report by the two district boards. Once the two district boards act on this recommendation, City staff will work with the staffs of the two school districts to prepare a work program for evaluating and implementing the other recommendations of the Task Force report. This work program can then be presented to the Ad Hoc Committee at its first meeting, for discussion and acceptance. FISCAL IMPACT: The proposed actions would have no fiscal impact on the City at this time. H:~PLANN lNG\Schools Task Force Council Agenda Statement.doc CITY COUNCIL AGENDA STATEMENT Item: I t~ Meeting Date: 05/27/03 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Village 11 Sectional Planning Area (SPA) Plan to amend the Site Utilization Plan. Applicant - Brookfield Shea Otay, LLC. Ordinance of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Village Eleven Sectional Planning Area Plan to add language to the Planned Community District Regulations. Resolution of the City Council of the City of Chula Vista approving a Revised Tentative Subdivision Map for OTAY RANCH Village 11 to subdivide Neighborhood R-23 and utilize unused Village 11 SPA dwelling units in Neighborhood R- 1 and R-4 (Chula Vista Tract 01-11A). Applicant- Brookfield Shea Otay, LLC. SUBMITTED BY: Director of Planning and Building/~//~ REVIEWED BY: City Manager t~ 0 (4/Sths Vote: Yes No X) Brookfield Shea Otay, LLC has applied to amend the Otay Ranch Village 11 SPA Plan to add language to the PC District Regulations and amend the Site Utilization Plan by transferring one dwelling unit from Neighborhood R-1 to Neighborhood R-2. lnaddition, theapplicationproposesa Revised Tentative Map to subdivide Neighborhood R-23 and utilize unused Village 11 SPA dwelling units in Neighborhoods R-1 and R-4. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that'the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan Environmental Impact Report (FEIR 01-02). Thus, no further environmental review or documentation is necessm'y. RECOMMENDATION: That the City Council adopt: A resolution approving an amendment to the Otay Ranch Village 11 SPA Plan adding language to the PC District Regulations and amending the Site Utilization Plan by transferring one dwelling unit from Neighborhood R-1 to Neighborhood R-2. 17-/ Page 2, Item: fi7 Meeting Date: 05/27/03 An Ordinance of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Village Eleven Sectional Planning Area Plan to add language to the Planned Community District Regulations. A resolution approving a Revised Tentative Subdivision Map for Village 11 to subdivide Neighborhood R-23 and utilize unused Village 11 SPA dwelling units in Neighborhood R- 1 and R-4 (Chula Vista Tract 01-1 lA). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on May 14, 2003 to consider the Project. The Planning Commission voted to recommend approval of the Project by a vote of 4-0-0-2. DISCUSSION: On October 23, 2001, the City Council amended the Otay Ranch GDP to authorize 2,390 dwelling units for Village 11. At the same time, the City Council also adopted a SPA Plan for Village 11 in Otay Ranch that permitted development of 2,304 of the authorized 2,390 GDP dwelling units. The City Council also approved a Tentative Map that utilized only 2,282 dwelling units of the 2,304 authorized by the SPA Plan. The current application for the amendment to the SPA Plan and for a Revised Tentative Map essentially utilizes a portion of the unused SPA dwelling units, transfers one dwelling unit from Neighborhood R-2 to R-l, subdivides Neighborhood R-23 into a small-lot single-family product and completes a minor "clean-up" for the plan document. 1. Site Characteristics The project area is located at the northem portion of Village 11 adjacent to Olympic Parkway (see Attachment #1). The project is part of Phase One of Village 11, which has recently undergone grading operations. The San Diego Aqueduct and the San Diego Gas and Electric easement (a prominent 240-foot wide corridor through the Village 11 project area) crosses the middle of the project site from the northwest to thc southeast. The planned community of EastLake Greens and the EastLake Land Swap area are located directly north of the Project adjacent to Olympic Parkway. The Eastern Urban Center and Freeway Commercial sites (Planning Area 12) are located on the western boundary of the Project, separated from Village 11 by EastLake Parkway. To the south and east of the Project is the balance of Village 11. Page 3, Item: I~/ Meeting Date: 05/27/03 2. General Plan, Zoning and Land Use General Plan The General Plan designates residential land uses in Village 11 as Low-Medium Village (LMV) at 3- 6 dwelling units per acre, and Medium at 6-11 dwelling units per acre. In addition, there is a Village Core (VC) land use, as well as land uses for parks and recreation, an elementary school and. a middle school all consistent with the land use designations for the Otay Ranch GDP. Zoning The land development regulations for Village 11 are contained in the Village 11 SPA, Planned Community (PC) District Regulations. Current Land Use The project site has been graded and is currently under development. The project area involves a portion of Phase One of Village 11 on the northem boundary of the Village. The subject neighborhoods R-l, R-2, R-4 and R-23 are located immediately adjacent to Olympic Parkway in Phase One. 3. Proposed Plan The applicant proposes to amend the Otay Ranch Village 11 SPA Plan and revise the original Tentative Map for Village 11 as a result of detailed engineering studies prepared in implementing Phase One of the project. Staff believes that the SPA amendment and Revised Tentative Map are essentially a "fine-tuning" of the SPA document and the original Tentative Map. A summary of the project is as follows: SPA Amendment The amendment to the Village 11 SPA Plan is proposed to enhance the pedestrian-oriented neighborhood design in the village. The amendment adds footnotes to the Planned Community (PC) District Regulations, Table I1.3.3-2, "Residential Property Development Standards", (see Attachment #2) which may allow reduced minimum lot widths and reduced front yard setbacks for a "z-lot" and "zero lot-line" single-family design concept. The applicant proposes to implement the z- lot configuration in Neighborhood R-1. The reduced lot widths and front yard setbacks provide design flexibility and implement several Otay Ranch goals and principles. The proposal to reduce lot widths and front yard setbacks for the z-lot and zero-lot line products will enable garages to be located further back from the street, and provide more living space for porches, / Page 4, Item: / Meeting Date: 05/27/03 courtyards and balconies at the front of the house. These design elements create more pedestrian- friendly neighborhoods for Otay Ranch and were contemplated in the Village Design Plan, but not provided for in the PC District Regulations. Approval of the proposed amendment will be limited to "z-lot" subdivisions, and the actual design concept for the neighborhood must obtain review and approval fi.om the City's Zoning Administrator. Examples of this type of lot configuration are illustrated in the adopted Village 11 Design Plan (see Attachment #3). In order to allow the applicant to implement the design goals for these neighborhoods, regulations in the form of footnotes need to be added to the Village 11 SPA Plan, PC District Regulations, Table II.3.3-2,"Residential Property Development Standards", to read as follows: Measured at Setback Line - "Lot width may be reduced for z-lot concept." To Main Residence - "May be reduced for z-lot and zero lot-line concepts with approval by the Zoning Administrator." To Pedestrian-oriented Seating Area and Entry Features - "May be reduced for z-lot and zero lot-line concepts with approval by the Zoning Administrator." Revised Tentative Map During plan review, staff and the applicant discussed refinements to the grading plans in Phase One for Village 11 that would necessitate a Revised Tentative Map for the flint development phase. The original Tentative Map for the project did not utilize all of the units in several neighborhoods, including Neighborhoods R-I, R-2 and R-4. The SPA table currently authorizes 164 dwelling units for R-1 and 46 dwelling units for R-2 and 55 dwelling units for R-4. On the original Tentative Map, only 156 lots were subdivided in R-1 leaving 8 lots available. During final engineering, an opportunity to utilize the "z-lot" concept (previously described) was proposed for this neighborhood, which created the ability to utilize seven additional unused lots. Utilizing seven more lots in this neighborhood increases the subdivision from 156 to 163, which is one lot under the SPA Plan authorization. After the original approval, it was discovered that Neighborhood R-2 subdivided 47 lots on the Tentative Map, one more lot than authorized by the SPA Plan (46 lots). The SPA Plan authorizes a transfer of units between neighborhoods as long as the total GDP unit count for the village does not increase. In order to correct the Tentative Map and SPA discrepancy for Neighborhood R-2, staff supports the applicant's proposal to transfer one unit from R-1 to R-2. In addition, the correction will be made to the dwelling unit table on the "Village 11 Site Utilization Plan, Exhibit 11.2.2-3" (see Attachment #4). The correction will also reflect the change for R-2 dwelling units from 46 to 47. The Revised Tentative Map (see Attachment #5) also proposes one additional lot in Neighborhood R~4. The original Tentative Map approved 54 lots of the SPA Plan allowable 55 units. More precise engineering for the Final Map found area for ah additional lot. Page 5, Item: I ~ Meeting Date: 05/27/03 The final element of the Revised Tentative Map subdivides Neighborhood R-23 into a small lot single-family product. The SPA Plan authorizes 119 SPA dwelling units for this neighborhood. The original Tentative Map did not subdivide this neighborhood, as the neighborhood is designated as multi-family with a density of eight dwelling un/ts per acre. In order to allow flexibility as to what type of housing product to market, the applicant, did not originally propose to subdivide the neighborhood. The applicant now proposes to subdivide the neighborhood into 119 lots for a small- lot detached lot design. The Otay Ranch GDP village policies allow single-family homes in multi- family designations. In summary, the application proposes to: 1) Accommodate the "z-lot' design by adding foomotes to the Village 11SPAPCDistrict Regulations to allow reduced lot widths and front yard setbacks for a "z-lot" design; 2) Utilize seven unused lots in Neighborhood R- 1 on the revised Tentative Map, increasing from 156 to 163 un/ts reflecting z-lot configuration; 3) Transfer one unused lot fi.om Neighborhood R-1 to R-2; 4) Utilize one unused lot in Neighborhood R-4; 5) Correct the Land Use Table in the Village 11 Site Utilization Plan; and, 6) Subdivide Neighborhood R-23 into ll9smalMot single-familyresidences. In addition, the following table illustrates the proposed changes to the Village 11 SPA Plan and Revised Tentative Map. Village 11 SPA Dwelling Units TM Dwelling Units Original Amended Original Revised R-1 164 163 156 163 R-2 46 47 47 47 R-4 55 55 54 55 R-23 119 119 I(MF) 119 4. Analysis The proposal to amend the Otay Ranch Village 11 SPA Plan to add language (footnotes) to the PC District Regulations to allow for the z-lot configuration implements the design goals for pedestrian- oriented single-family neighborhoods. The z-lot configuration would be implemented in Neighborhood R- 1, subject to review and approval by the City's Zoning Administrator. The lotting configuration in R-1 does not substantially change the configuration of the lots or the circulation pattern. The transfer of one dwelling unit from Neighborhood R-1 to Neighborhood R-2 is consistent with the Village 11 SPA Plan. The net increase in one unit for Neighborhood R-2 results in a corresponding decrease in Neighborhood R-1. The modifications to these neighborhoods have not /7 -5' Page 6, Item: [ Meeting Date: 05/27/03 affected the lotting configuration and maintain the current internal circulation patterns as well. The proposal to subdivide the multi-family designated Neighborhood R-23 into a small-lot single- family neighborhood implements the SPA Plan design for this density. Small-lot single-family residential products are allowed in multi-family areas by the Otay Ranch GDP village policies. The subdivision design of R-23 is also consistent with the landform grading and circulation policies of the City's General Plan and the Otay Ranch GDP. The plan to provide an additional lot in Neighborhood R-4 does not exceed the SPA dwelling unit total. The proposed amendment to the Otay Ranch Village 11 SPA Plan along with a Revised Tentative Map application for Village 11 remain consistent with prior approvals for the project approved by City Council on October 23, 2001. As illustrated in the above table, the Revised Tentative Map is consistent with the proposed SPA Plan amendment. Total dwelling units in the SPA Plan will not change with the dwelling unit transfer. The GDP authorization remains 2,390 dwelling units, while the SPA Units allocated remains 2,304 units. 5. Conclusion: Staff believes that the subject amendment and Revised Tentative Map application for Village 11 are consistent with the approved Village 11 SPA Plan and the Otay Ranch GDP policies and recommends approval of the amendments and Revised Tentative Map, which is the subject of the attached Council Resolution. FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. Attachments. 2. 3. 4. 5. 6. 7. 8. Locator Map Planned Community, District Regulations, Table 11.3.3-2, Residential Property Development Standards Z-Lot and Zero-Lot Line Subdivision Design Village 11 Site Utilization Plan, Exhibit II.2.2-3 Revised Tentative Subdivision Map (C.V.T. 01-11 A) Planning Commission Resolution (PCM-03-06) Planning Commission Resolution (PCS-03-02) Disclosure Statement GREENS EASTLAKE V~STAS OLYMPIC TRAINING CENTER SCALE: I FILE NUMBER: NORTH No ScaleJ PCM-03-06 j:\home\planning\cherrylc\locators\pcm0306.cdr 08.13.02 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: ( APPUCANT: BROOKFIELD SHEA OTAY, LLC. PROJECT OTAY RANCH GDP,'VILLAGE I I ADDRESS: OF OR VALLEY MISCELLANEOUS Request: Village 11 TeiffalNe Map recision to increase RI, R4 and maintenance of R2 at 47 units as shown on approved TM. R1 and R4 increases are within number of unlls approved in the SPA, TM revision Includes grading improvements to lessen tra~ of cut and fill materials between areas to the east and west of the SDG&E/SDCWA easement. /7 -7 ATTACHMENT VILLAGE ELEVEN PC DISTRICT REGULATIONS Residential Districts B. General Standards The general standards found in this section are based on the Otay Ranch General Development Plan/Subregional Plan. Where the Specific Standards listed below are silent on an issue, the Zoning Administrator is authorized to define a standard based on the Otay Ranch General Development Plan/Subregional Plan, the Chula Vista General Plan, Zoning Ordinance, Design Manual and/or Landscape Manual, as may be appropriate. C. Specific Standards The following Property Development Standards shall apply to all land and buildings, other than accessory buildings, permitted in their respective residential land use district. The use of the symbol "DR" indicates that the standard is established by the approval of a Design Review Application or Tentative Tract Map. Dimensions and standards are minimums, and minor variations may be permitted subject to Design Review or tract map approval, provided that the minimums specified herein are maintained as average. Lot widths and depths are typical minimums, but may vary slightly with irregularly-shaped lots and site- specific conditions. Refer to Section II.3.10 Administration, for further information regarding processing requirements. Table II.3.3-2 Residential Property Development Standards LAND USE ZONING SF 3 SF 4 RM 1 RM 2 DISTRICT Lot Criteria: Average lot area (sq.ft.) ' 5,000 4,000L Minimum lot area (sq.ft.) Minimum lot depth (feet) Maximum floor area to lot area ratio (FAR) LAND USE ZONING DISTRICT Minimum lot width (feet): Measured at setback line Flag lot street frontage 20 Knuckle or cul-de-sac 20 street frontage NOTES DR DR 4,000 3,000j DR DR 90 60 DR DR .65 .65 DR DR "'Average lot area" is the sum of the area of all lots within a neighborhood divided by the total number of lots in the neighborhood. 2Average lot area may be reduced for attached units with design review approval. "Minimum lot area may be reduced for attached units with design review approval. See"Floor Area Ratio"section. SF3 SF4 RM1 RM2 NOTES 45 404 DR DR 20 DR DR 20 DR DR ~Lot width may be reduced if lots are served by an alley. 4a Lot width may be reduced for z-lot concept. Brookfield Shea Otay, LLC 3-1 October 9, 2001 Amended May 27, 2003 ATTACHMENT ~ 2 VILLA GE ELEVEN PC DISTRICT REGULATIONS Residential Districts LAND USE ZONING SF 3 SF 4 RM 1 RM 2 DISTRICT Minimum front yard setback (feet from back of sidewalk) To direct entry garage 19.5~ 19.5~ DR DR To side entry ("swing- 10 10 DR DR in") garage6 To main residence 15 15 DW DR' To pedestrian-oriented Seating Areas and Entry Features 8:' 8~ 8~/DR~ DR Minimum side yard setback (feet) To adjacent residential 5TM 5TM DR DR lot Distance between 10 10 DR DR detached units To porch/veranda/entry 7~ t feature (comer lots only) Residential street from 13 ~ building to back of adjacent sidewalk (comer lot) 71~ 7" DR 13 DR~ DR NOTES 'A maximum of 33% of garages may be set back at 19.5 feet within a neighborhood. A min/mum of 33% of garages on lots at least 50 feet wide and 100 feet deep shall be set back a minimum of 30 feet and incorporate Hollywood style driveways. Sectional roll-up doors required when setback is less than 22 feet. °12-foot wide driveway is encouraged; 16-foot wide maximum driveway allowed. 'May be reduced to 10 feet if garage is accessed from alley. 7aMay be reduced for z-lot and zero lot line concepts with approval by the zoning administrator. See Village Design Plan for slxeet faCade design standards. ~Dimension applies to detached or attached single family dwellings; Design Review (DR) applies to multi- family land uses. 9May be reduced to 6 feet for courtyards. 9aMa¥ be reduced for z-lot and zero lot line concepts with approval by the zonin~ administrator. A Minimum of 66% of neighborhood residential units shall provide a pedestrian-oriented seating area (porch, etc.) and 33% shall provide a pedestrian-oriented enlxy feature as described in Section D. See "Architectural Projections" Section J. tUMay be reduced for zero lot line concepts. May be reduced based on Design Review for zero-lot line, Z-lot, two- pack or similar design concepts. t~For detached and attached single family dwellings only. '~May be reduced to 10 feet on non- featured side of promenade street. UMinimum 8 feet on featured side and minimum 5 feet on non-featured side of promenade street. Brookfield Shea Otay, LLC 3-2 October 9, 2001 Amended May 27, 2003 VILLAGE ELEVEN DESIGN PLAN Single Family Residential Design L .__.~fO~'-~ Sidewalk .. **~ ~. ~-?1' a~dscal~e Iff: Residential Street Note: All dimensions are minimum. Figure II.4.4.2-26 40 x 85 Lot - Two Pack Z Lot Layout Configuration Concept Brookfield Shea Otay, LLC. 4-50 /7-/0 October 23, 2001 Afl IACHMENT #3 ATTACHMENT ~4 RESOLUTION NO. PCM-03-06 RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA (SPA) PLAN ADDING LANGUAGE TO THE PC DISTRICT REGULATIONS AND AMENDING THE SITE UTILIZATION PLAN BY TRANSFERRING ONE DWELLING UNIT FROM NEIGHBORHOOD R-1 TO NEIGHBORHOOD R-2. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. __ and described on Chula Vista Tract 01- 1 lA, and is commonly known as Village 11 ("Property"); and, WHEREAS, an application to amend the Otay Ranch Village 11 SPA Plan was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the application requests to amend the Otay Ranch Village 11 SPA Plan to add language (footnotes) to the PC District Regulations to allow reduced setbacks for "z-lot" single- family residential lot configurations, and amend the Village 11 SPA Plan, Site Utilization Plan by transferring one dwelling, unit from Neighborhood R-1 to Neighborhood R-2; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on October 23, 2001 by Resolution No. 2001-363, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, Final Environmental Impact Report ("EIR 01-02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/ Village 11 Sectional Planning Area Plan, EIR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-06) and notice of said hearing, together with its purpose, was given by its publication in a newspaper &general circulation in the city and its mailing to property owners within 500 feet of the exterior bormdaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the ATTACHMENT #6 Resolution No. PCM-03-06 Page 2 Planning Conunission, the Commission has determined that the approval of an amendment to the Otay Ranch Village 11 Sectional Planning Area (SPA) Plan (PCM-03-06) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Village 11 Sectional Planning Area (SPA) Plan amendment (PCM-03-06) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 14t" day of May, 2003 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: Russ Hall, Chair Diana Vargas, Secretary RESOLUTION NO. PCS-03-02 RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE 11 TO SUBDMDE NEIGHBORHOOD R-23 AND UTILIZE UNUSED VILLAGE 11 SPA DWELLING UNITS IN NEIGHBORHOOD R-1 AND Ro4 (CHULA VISTA TRACT 01-1lA). WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 01-1 iA, and is commonly known as Village 11 ("Property"); and, WHEREAS, an application to revise the Tentative Subdivision Map for Otay Ranch Village I 1 was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the application requested the approval for the subdivision of approximately 42.7 acres located on the south side of Olympic Parkway, east of the future extension of Hunte Parkway, west of future extension of Eastlake Parkway and north of future University site in Phase One of the Village 11 SPA area; and, WHEREAS, the development of the Property has been the subject matter of a Tentative Subdivision Map ("C.V.T. 01-11") previously approved by the City Council on October 23, 2001 by Resolution No. 2001-364, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, Environmental Impact ("EIR 01-02"); and, WHEREAS, the Applicant filed an amendment to the Village 11 SPA Plan, (PCM-03-06), and said amendment was adopted by the City Council on May 27, 2003 by Resolution No. ; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed Project and determined proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, (EIR 01-02). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a heating on said Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02) 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 feet of the exterior boundaries of the Project site at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said ATI~CHMENT #7 Resolution No. PCS-03-02 Page 2 hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02) is consistem with the City of Chula Vista G?neral Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving said Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 14TM day of May, 2003 by the following vote, to-wit: AYES: NOES: ABSENT: AB STENTIONS: ATTEST: Russ Hall, Chair Diana Vargas, Secretary Appendix B 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: List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. N/A 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 corporation or owning any partnership interest in the partnership. N/A 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. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council 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. Hunsaker & A§sociates San Diego, Inc. Paul Barnes - Shea Homes John Vance - Shea Homes John Norman - Brookfield Homes Steve Doyle - Brookfield Homes Sandra E.' Moore - Brookfield Homes E. Dale Gleed - Brookfield Homes 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 pedod? Yes ..... No × If yes, state which Councilmember(s): ignature of cont~ctor/applicant Print or type name of contractor/applicant Person is defined a~: "/In,/, individual, firm, co-partnership, joint venture, association, *ocial club, freaternal organization, corporatior~ e*tate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit." /7~/~.2 /kTI IACHMENT #8 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA (SPA) PLAN TO AMEND THE SITE UTILIZATION PLAN. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A' attached hereto and described on Chula Vista Tract 01-11A, and is commonly known as Village 11 ("Property"); and, WHEREAS, a duly verified application to amend the Otay Ranch Village 11 SPA Plan was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on October 23, 2001 by Resolution No. 2001-363, wherein the City Council, in the environmental evaluation of said Village l 1 SPA Plan relied in part on the original Otay Ranch GDP Amen&nent/Village 11 Sectional Planning Area Plan, Final Environmental Impact Report ("FEIR 01-02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan FEIR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-06) 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 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of 4-0-0-2, the Planning Commission recommended approval of the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch Village 11 SPA Amendment to amend the Village 11 SPA Plan, Site Utilization Plan by transferring one dwelling unit from Neighborhood R-1 to Neighborhood R-2. /7--/7 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at the FEIR public hearing held on May 14, 2003, and the minutes and resolutions resulting therefi:om, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby amends the Village 11 SPA Plan, Site Utilization Plan by transferring one dwelling unit t~om Neighborhood R-1 to Neighborhood R-2 as set forth on Exhibit "B', attached hereto, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support thFEIR approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, would have no new effects that were not examined in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, [Guideline 15168 (c)(2)]. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR FEIR The City Council hereby finds that: (1) there were no substantial changes in the Project which would require revisions of said report; (2) no substantial changes have occurred with respect to the cimumstances under which the Project is undertaken since certification of FEIR 01-02; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of FEIR 01-02; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 01-02 [Guideline 15168 (c)(2) and 15162 (a)]. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council hereby finds that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02. Thus, no further environmental review or documentation is necessary. VI. INCORPORATION OF ALL CONDITIONS, MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable conditions, mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, and Village 11 SPA Plan document. VII. NOTICE WITH LATER ACTIVITIES The City Council gave notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Otay Ranch GDP Amendment/ Village 11 Sectional Planning Area Plan, FEIR 01-02, adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VIII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Village 11 Sectional Planning Area Plan for the following reasons: THE PROPOSED SECTIONAL PLANNING AREA PLAN IS 1N CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The request to amend the Village 11 SPA Plan, Site Utilization Plan by transferring one dwelling unit from Neighborhood R-1 to Neighborhood R-2 reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village 11 SPA Plan amendment contains provisions and requirements to ensure the orderly, phased development of the project. The amendment does not modify any phased development of the project and must comply with all development phase thresholds identified in the Otay Ranch Village 11 SPA Plan. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed to promote pedestrian-oriented neighborhoods. The amendment does not modify any surrounding land uses and is consistent with the residential land use policies as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan will be required to implement all mitigation measures specified in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02. These mitigation measures will minimize or reduce any identified impacts to land use, circulation and environmental quality. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building City Attorney /7-20 ,/ GREENS EASTLAKE VISTAS LOCATION OLYIVlPIC TRAINING CENTER CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR NO~RTH APPUCAm: BROOKFIELD SHEA OTAY, LLC. PROJECT OTAY RANCH GDP, VILLAGE I I ADDRESS: OF OR VAL. LE¥ $CALL IFILE NUMBER: r o Scale PCM-03-06 j:\home~planning\cherrylc\locators\pcm0306.cdr 08.13.02 MISCELLANEOUS Request: Village 11 Tenta~ve Map revision to increase RI, R4 and maintenance of R2 at 47 units as shown on approved TM. R1 and R4 incmasas are wr~ln number of units approved in the SPA. TM revision includes gmdtog improvements to lessen transport of cut and h'll malertals between areas to the east and west of the SDG&F-./SDCWA easemenL EXHIBIT "A" ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA PLAN TO ADD LANGUAGE TO THE PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A' attached hereto and described on Chula Vista Tract 01 - 11 A, and is commonly known as Village 11 ("Property"); and, WHEREAS, a duly verified application to amend the Otay Ranch Village 11 SPA Plan Planned Community District Regulations was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the amendment to the Otay Ranch SPA One Planned Community District Regulations is intended to ensure that the Otay Ranch SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch Village 11 SPA Plan area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations and Zoning District Map is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village 11 Site Utilization Plan of the amended Village 11 SPA Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations enhances the pedestrian-oriented neighborhood design in the village by adding footnotes to the Planned Community (PC) District Regulations, Table II.3.3-2, "Residential Property Development Standards", to allow reduced minimum lot widths and reduced front yard setbacks for a "z-lot" and "zero lot-line" single-family design concept. The applicant proposes to apply for implementation of the z-lot configuration in Neighborhood R~ 1. The reduced lot widths and front yard setbacks provide design flexibility and implement several Otay Ranch goals and principles; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on October 23, 2001 by Resolution No. 2001-363, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan, relied in part on the original Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, Final Environmental Impact Report ("FEIR 01-02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/ 17 Z3 Village 11 Sectional Planning Area Plan FEIR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-06) 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 feet of the exterior boundaries of the Project site at least 10 days prior to the heating; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heating was thereafter closed. WHEREAS, by a vote of 4-0-0-2, the Planning Commission recommended approval of the project; and, WHEREAS, a public heating was scheduled for May 27, 2003, before the City Council of the City of Chula Vista on the Otay Ranch Village 11 SPA Amendment to add language (footnotes) to the PC District Regulations to allow reduced setbacks for "z-lot" single-family residential lot configurations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at the FEIR public heating on the amended Village 11 SPA Plan held on May 14, 2003 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 entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves an amendment to the Village 11 SPA Planned Commtmity District Regulations adding footnotes to the Planned Community (PC) District Regulations, Table I1.3.3-2, "Residential Property Development Standards", to allow reduced minimum lot widths and reduced front yard setbacks for a "z-lot" and "zero lot-line" single-family design concept, which implements several Otay Ranch goals and principles finding that they are consistent with the City of Chula Vista ,General Plan, the Otay Ranch General Development Plan, Otay Ranch Village 11 SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support the FEIR approval and implementation. IH. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby £mds that the Project, as described and analyzed in the Otay Ranch GDP AmendmentFv'illage 11 Sectional Planning Area Plan, FEIR 01-02, would have no new effects that were not examined in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, [Guideline 15168 (c)(2)]. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR FEIR The City Council hereby finds that: (1) there were no substantial ehan!ges in the Project from FEIR 01-02, which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since certification of FEIR 01-02; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of FEIR 01-02; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by FEIR 01-02 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council hereby finds that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02. Thus, no further environmental review or documentation is necessary. VI* INCORPORATION OF ALL CONDITIONS, MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate here'm as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 01-02. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 01-02 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. VIII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Village 11 Sectional Planning Area Plan for the following reasons: THE PROPOSED SECTIONAL PLANNING AREA PLAN IS 1N CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The request to amend the Otay Ranch Village 11 SPA Plan to add language (footnotes) to the PC District Regulations to allow reduced setbacks for "z-lot" single-family residential lot configurations, reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village 11 SPA Plan amendment contains provisions and requirements to ensure the orderly, phased development of the project. The amendment does not modify any phased development of the project and must comply with all development phase thresholds identified in the Otay Ranch Village 11 SPA Plan. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed to promote pedestrian-oriented neighborhoods. The amendment does not modify any surrounding land uses and is consistent with the residential land use policies as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan will be required to implement all mitigation measures specified in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02. These mitigation measures will minimize or reduce any identified impacts to land use, circulation and environmental quality. Presented by Approved as to form by Robert Leiter Planning and Building Director City Attorney '1 I GREENS EASTLAKE VIS'FAS OLYNPIC TRAINING CENTER LOCATION CHULA VISTA LOCATOR PROJECT APPLICANT: BROOKFIELD SHEA OTAY, IIC. PROJECT OTAYRANCHGDP, VILLAGE II AODRESS: OF OR VALLEY SCALE: ~ FILE NUMBER: No ScaleI PCM-03-06 PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: NORTH j:\home\planning\cherrylc\locators\pcm0306.cdr 08.13.02 MISCELLANEOUS Request: Village 11 Teetstive Map revision to increase R1, R4 and maintenance of R2 at 47 units as shown on approved TM. R1 ~ R4 increases are within number of units approved in the SPA. TM revision includes grading improvements to lessen transport of cut and fill materials between areas to the east and we~t of the SDG&E/SDCWA easement. 17-Z7 EXHIBIT "A" RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE 11 TO SUBDIVIDE NEIGHBORHOOD R-23 AND UTILIZE UNUSED VILLAGE 11 SPA DWELLING UNITS 1N NEIGHBORHOOD R-1 AND R-4 (CHULA VISTA TRACT 01-1 IA). WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 01-1lA, and is commonly known as Village 11 ("Property"); and, WHEREAS, a duly verified application for the Otay Ranch Village 11 Revised Tentative Subdivision Map (C.V.T. 01-1 lA) was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the application requested the approval for the subdivision of approximately 42.7 acres located on the south side of Olympic Parkway, east of the future extension of Hunte Parkway, west of future extension of Eastlake Parkway and north of future University site in Phase One of the Village 11 SPA area; and, WHEREAS, the development of the Property has been the subject matter of a Tentative Subdivision Map ("C.V.T. 01-11") previously approved with Tentative Map conditions by the City Council on October 23, 2001 by Resolution No. 2001-364, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, Environmental Impact ("FE1R 01- 02'3; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan FEIR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02) and notice of said heating, 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 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of 4-0-0-2, the Planning Commission recommended approval of the project; and, WHEREAS, a public hearing was scheduled for May 27, 2003 before the City Council of the City of Chula Vista on said Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03 -02). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at the public heating held on May 14, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts said Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02), which will remain subject to the Tentative Map conditions approved by the City Council on October 23, 2001 pursuant to Resolution No. 2001-364, to subdivide Neighborhood R-23 and utilize unused Village 11 SPA dwelling units in Neighborhoods R-1 and R-4 finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and amended Otay Ranch Village 11 SPA Plan (PCM-03-06) and all other applicable plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support the approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, would have no new effects that were not examined in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, [Guideline 15168 (c)(2)]. IV. CEQA FiNDiNG REGARDING PROJECT WITHiN SCOPE OF PRIOR FEIR The City Council hereby finds that: (1) there were no substantial changes in the Project which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since certification of FEIR 01-02; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of FEIR 01-02; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by FEIR 01-02 [Guideline 15168 (c)(2) and 15162 (a)]. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council hereby finds that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02. Thus, no further environmental review or documentation is necessary. VI. INCORPORATION OF ALL CONDITIONS, MITIGATION MEASURES AND ALTERNATIVES The City Council hereby re-adopts and incorporates herein as conditions for this approval all applicable conditions, mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, and Village 11 SPA Plan document. VII. NOTICE WITH LATER ACTIVITIES The City Council gave notice, to the extent required by law, that this Project was fully described and analyzed and'is within the scope of the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01-02, adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VIII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village 11 Revised Tentative Subdivision Map (C.V.T. 01-1 lA) herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and the amended Village 11 Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned community that provides single-family residential uses, parkland uses, school uses, and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and amended Otay Ranch Village 11 Sectional Planning Area (SPA) Plan policies related to grading and landforms. 2. Circulmion All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the amended Village 11 SPA Plan. The Applicant shall construct those facilities in accordance with City and Village 11 Sectional Planning Area (SPA) Plan standards. I 3. Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate-income households. 4. Parks, Recreation and Open Space Parks, recreation and open space obligations are conditioned under previously adopted and still applicable Tentative Map conditions. Construction of Park and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The preceding Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, FEIR 01- 02, addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otuy Ranch Phase Two Resource Management Plan requires conveyance of 1.188 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project will include noise attenuation walls pursuant to an approved Acoustical Noise Study for the project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highways adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes as indicated in the regional cimulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building City Attorney l 7 32- EASTlAKE VISTAS · · O(i>,. '% ~ OLYMPIC TRAINING CENTER ~ · · '" ~ · · /:-- PROJEC LOCATION , CHULA LeY VISTA PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: MISCELLANEOUS Request: Village 11 Tentative Map revision to Increase R1, R4 and malntenanoa of R2 at 47 units as shown on approved TM. 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N ...... ......... = W = ..... =- -= =- =- = " =- COUNCIL AGENDA STATEMENT Item .-.lL Meeting Date 5/27/03 ITEM TITLE: Public Hearing regarding the change and modification of Community Facilities District No, 07M, Improvement Area NO.2, Resolution of the City Council of the City of Chula Vista, California, Making Certain Determinations and Authorizing the Submittal of Proposed Changes to the Rate and Method of Apportionment of Special Taxes Authorized to be Levied .Within Improvement Area No. 2 of Community Facilities District No, 07M Eastlake - Woods, Vistas And Land Swap) to the Qualified Electors thereof SUBMITTED BY: Director of Engineerinf REVIEWED BY: City ManagerG I';' I:' (4/5ths Vote: Yes_ No-.X) ç..J On April 15, 2003 the City Council initiated the Community Facilities District 07M (Eastlake- Woods, Vistas and Land Swap) (CFD 07M) change and modification by the adoption of Resolutions 2003-149. Tonight's action is the next step in the formal proceedings to change and modify the special tax rates in CFD 07M. The special taxes levied in the CFD fund perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. RECOMMENDATION: That Council: I. Open Public Hearing and receive testimony from the public, 2. Approve the resolution making certain determinations and authorizing the submittal of proposed changes to the Rate and Method of Apportionment of Special Taxes authorized to be levied within Improvement Area NO.2 of Community Facilities District No. 07M Eastlake - Woods, Vistas And Land Swap) to the Qualified Electors thereof BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 2002, Council formed Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), CFD 07M is divided into two Improvement Areas, Improvement Area No. I (Eastlake - Woods, Vistas) and Improvement Area 2 (Land Swap), Changes to the special tax rates are only being requested for Improvement Area No.2. ¡g-{ 1 Page 2, Item Æ Meeting Date 5/27/03 Area of Benefit CFD No. 07M, Improvement Area No.2, encompasses parcels located within the Land Swap area owned by Eastlake Company. Eastlake is proposing to develop approximately 600 single- family homes (detached and condominiums), ISO multi-family units, and approximately 44 acres of commercial development. Proposed Special Tax Improvement Area No.2 has four proposed categories of taxation, as follows: · Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. Commercial Parcels are taxed on the acreage of the parcel. · The Subdivided Lot Property which include all single family residential parcels for which a building pennit has not been issued are taxed on acreage of the parcel. · Property not categorized as Developed or Subdivided Lot Property is taxed on acreage of the parcel. · The Exempt Category includes all publicly owned parcels and Homeowner's Association parcels. Developed Parcels are those parcels for which a building pennit has been issued. The proposed maximum special tax rates in the RMA were initially detennined at the time of fonnation of CFD 07M in 2002. Since . then, Eastlake has proposed several changes to the list of improvements to be maintained by the CFD as follows: · A significant amount of landscaping and irrigation improvements along the SR-125 slopes (adjacent to the commercial property) would be removed from the CFD, Said improvements will instead be maintained by the Commercial Business Owners Association (BOA). · Addition of the maintenance of minor landscape and irrigation improvements along the frontage of the Otay Water District reservoir parcel on Eastlake Parkway located immediately north of the commercial project. · Several minor changes to the public water quality treatment facilities to be maintained by the CFD. Eastlake requested, and Staff concurred, that the special tax rates should be modified to more closely match the benefit received from the CFD improvements. Therefore, the deletion of the SR-125 slopes from the CFD will reduce the special tax rates for the commercial property. /2-2- Page 3, Item [ ~ Meeting Date 5/27/03 The Residential and Multi-Family special tax rates are proposed to remain the same to reflect the benefit these properties receive from the remaining improvements. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied on the Developed Parcels. If this pool of funds is not enough to fund the Special Tax Liability, as may be the case in the early years of development, the district will levy the special tax on the vacant land starting with Subdivided Lot Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxes levied on Developed Parcels will disappear once the area has been fully developed. If the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced.accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (Revised) (RMA) of Special Taxes": (See Attachment for full description of RMA) The Maximum Special Tax Rates increase each year by the annual percentage change in · the Consumer Price Index. · The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of an operating reserve fund. The maximum special tax rates are based on the original budget. If the actual square footage of development meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. Proposed Maximum Special Taxes The proposed maximum and current maximum special tax rates for fiscal year 2002/03 for Improvement Area No. 2 ofCFD 07M are as follows: Developed Property Special Tax Category Residential (per square foot) Multi-Family (per square foot) Non-Residential (per acre) Proposed Current Increase/ Maximum Maximum Special (Decrease) Special Tax Tax $0.070 $0,070 $0.00 $0.070 $0.070 0.00 $386.78 $1,054.95 ($668.17) Page4, Item /~ Meeting Date 5/27/03 Undeveloped Special Tax Category Subdivided Lot Property (per Acre) Other Taxable Property (per Acre Taxable HOA Property (per acre) Proposed Current Increase/ Maximum Maximum Special (Decrease) Special Tax Tax $1,054.95 $1,054.95 $0.00 $1,054.95 $1,054,95 $0.00 $1,054.95 $1,054.95 $0.00 Resolutions There is one resolution on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION MAKING DETERMINATIONS is the formal action of the City Council changing and modifying the special tax rates in Community Facilities District No. 07M, Improvement Area No. 2 and authorizes the electors to vote on the proposed changes. Future Actions The City Clerk, acting as the designated election official, will hold a special election within Community Facilities District No. 07M, Improvement Area No. 2 on June 3, 2003, at which time the qualified electors of such territory, being the owners of land within such territory, will be entitled to vote on a ballot proposition to authorize the levy of the special taxes described above within such territory. The adoption of a resolution declaring the results of the special election and, if the levy of such special tax is approved by the qualified electors, the introduction of an ordinance to authorize the levy of such special tax are scheduled for the City Council meeting of June 10, 2003 at 6:00 P.M. FISCAL IMPACT: All costs of the change and modification to the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovering for staff cost involved in District formation and district administration in perpetuity. Attachments: Rate and Method of Apportionment (Revised) J:\Engineer\LANDDEV\CFD's\Eastlake-Maintenanc¢~AI 13 Council agenda ROF change Modificationdraft ldoc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF PROPOSED CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 0TM (EASTLAKE - WOODS, VISTAS AND LAND SWAP) TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council") previously has previously undertaken proceedings to form Community Facilities District No 07M (EastLake - Woods, Vistas and Land Swap) (the "District"), to designate two improvement areas therein ("Improvement Area No. 1" and "Improvement Area No. 2") and to authorize the levy of special taxes within each Improvement Area pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to finance the maintenance of (a) wetlands and landscaped areas within the public rights-of-ways and other public easements throughout the District and (b) facilities that are directly related to storm water quality control throughout the District. WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on August 13, 2002, approved the authorization to levy special taxes within each Improvement Area pursuant to a separate rate and method of apportioranent of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved for Improvement Area No. 2 shall be referred to as the "Existing Improvement Area No. 2 Rate and Method"); and WHEREAS, subsequent to the formation of the District and such election, the EastLake Company ("EastLake"), the master developer of the property within Improvement Area No. 2 of the District, requested that the City Council, acting as the legislative body of the District, initiate proceedings to modify the Existing Improvement Area No. 2 RMA; and WHEREAS, the City Council has adopted its Resolution No. 2003-149 declaring its intention to consider changes to the Existing Improvement Area No. 2 Rate and Method to authorize the levy of special taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 Rate and Method of Apportionment of Special Taxes set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Revised Improvement Ama No. 2 Rate and Method"); WHEREAS, notice of a public hearing to consider the authorization to levy the special taxes pursuant to the Revised Improvement Area No. 2 Rate and Method has been given in the form and manner required by the Community Facilities District Law; and WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing within Improvement Area No. 2 of the District and/or property owners representing more than one-half (1/2) or more of the area of land within Improvement Area No. 2 of the District to the proposed changes to the Existing Improvement Area No. 2 Rate and Method; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within Improvement Area No. 2 for each of the 90 preceding days, this legislative body desires to submit the question of authorizing the changes to the Existing Improvement Area No. 2 Rate and Method to the landowners of Improvement Area No. 2, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the City Council of the City of Chula Vista, California, Acting in its capacity as the Legislative Body of Community Facilities District No. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP), does hereby resolve, declare, find, determine and order as follows: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this City Council that: all proceedings related to the proposed modification to the Existing Improvement Area No. 2 Rate and Method prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law; the proposed changes to the Existing Improvement Area No. 2 Rate and Method conform with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; less than twelve (12) registered voters have resided within Improvement Area No. 2 for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of Improvement Area No. 2 and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Improvement Area No. 2; the qualified electors have consented to the shortening of time for conducting the special election to present the question to authorize the levy of special taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 Rate and Method, therefore, 2 such special election may be conducted less than 90 following the date of the public hearing to consider the changes to the Existing Improvement Area No. 2 Rate and Method. SECTION 3. PROPOSED CHANGES TO THE EXISTING IMPROVEMENT AREA NO. 2 RATE AND METHOD. Except to the extent that funds are otherwise available to the District to pay for the public facilities previously authorized to be financed by the District, this City Council hereby approves, subject to the approval by the qualified electors of Improvement Area No. 2, changes to the Existing Improvement Area No. 2 Rate and Method to authorize the levy of special taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 Rate and Method for the purpose of financing the Special Tax Requirement as such term is defined in the Revised Improvement Area No. 2 RMA. Such special taxes shall be secured by recordation of a continuing lien against all non-exempt real property within Improvement Area No. 2, shall be levied annually within Improvement Area No. 2, and shall be collected in the same manner as ordinary ad valorem property taxes, or in such other manner at this City Council or its designee shall determine, including direct billing of the affected property owners. The Revised Improvement Area No. 2 Rate and Method shall provide that under no cimumstances will the special tax levied against any parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area No. 2. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. Upon recordation ora Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in Improvement Area No. 2 and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 4. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special tax described in Section 3 above: A. Such special tax shall he levied for the specific purposes set forth in Section 3 above. B. The proceeds of the levy of such special tax shall be applied only to the specific applicable purposes set forth in Section 3 above. C. The District shall establish a separate account into which the proceeds of such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 5. ELECTION The proposition to authorize the levy of special taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 Rate and Method shall be submitted to the qualified electors of Improvement Area No. 2, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on June 3, 2003 or such other date as the City Clerk, acting as the election official for such special election (the "Election Official"), and all of the qualified electors within Improvement Area No. 2 may agree and consent. If the proposition to authorize the levy of the special tax pursuant to the Revised Improvement Area No. 2 Rate and Method receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied pursuant to the Revised Improvement Area No. 2 Rate and Method as provided for in this Resolution. SECTION 6. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) IMPROVEMENT AREA NO. 2 Shall City of Chula Vista Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), subject to accountability measures set forth in Resolution No. __ , be authorized to levy a special tax pursuant to the revised rate and method of apportionment as set forth in Exhibit A to such resolution for the purposes of for the purposes of financing the Special Tax Requirement as defined in the revised rate and method? SECTION 7. VOTE The appropriate mark placed on the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 8. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. Furnish and address official ballots for the qualified electors of Improvement Area No. 2. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: Clifford Swanson Director of Engineering J:Attorney/Reso/CFD/CFD No. 07M IA2 Ann Moore City Attorney ATTACHMENT "A" CITY OF CHULA VISTA COMIWLrNITY FACILITIES DISTRICT NO. 07M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 2 (REVISED) (Land Swap Parcel) A Special Tax of Community Facilities District No. 07M (Eastlake III Woods, Vistas and Land Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No. 2 of the CFI) and collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. Ail of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and coIlect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer IA No. 2 of the CFI) as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 07M of the City of Chula Vista. City af Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 1 "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the Spedal Tax is being levied. "Final Subdivision Map" means a subdivision of property creating builctable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condornirfium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following Jtme 30. "Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD, as identified on the boundary map for the CED. "Land Use Class" means any of the dasses listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain landscaped areas within the public right-of- ways, parkways, slopes, wetlands and other public easements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to IA No. 2 for such Fiscal Year. "Maximum Special Tax" means the maximum Spedal Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year.on any Assessor's Parcel of Taxable Property. "Multi-Family Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 2 residential units that share common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to pay for Landscape Maintenance and Storm Water Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not classified as Developed Property, Subdivided Lot ProperS', or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries IA No. 2 of the CFI) that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the boundaries of IA No. 2 of the CFD that is, at the time of the CH) formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fia. nd that shall be maintained for IA No. 2 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to I00% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for wNch a building permit(s) has been issued for purposes of constructing one residential dwelling unit. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No. 2 to fund the Special Tax Requirement. Ci{y of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 3 "Special Tax Requirement" means that amount required in any Fiscal Year for tA No. 2 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality Maintenance Requirement; (iii) pay reasonable Administrative Expenses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property or Multi-Family Property, excluding garages or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control throughout IA No. 2. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No. 2 for the current Fiscal Year in which Special Taxes are levied. "Subdivided Lot Property" means a single family residential lot created by a Final Subdivision Map, but which is not dassified as Developed Property. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 2 of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (h) Property Owner Association Property, or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 4 Gm ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within IA No. 2 of the CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Propenywhen such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 07M Improvement Area No. 2 Land Use Maximum Class Description Special Tax 1 Residential Property $ 0.070 per Sq Ft 2 Multi-Family Property $ 0.070 per Sq Ft 3 Non-Residential Property $386.78 per Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximttm Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be imposed on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 5 o Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 07IVl Improvement Area No. 2 Land Use Maximum Class Description Special Tax 4 Subdivided Lot Property $1,054.95 per Acre 5 Other Taxable Property $1,054.95 per Acre 6 Taxable Property Owner $1,054.95 per Acre Assodation Property o Annual Escalation of Maximum Special Tax The Maximttm Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items). METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shall levy the IA No. 2 Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maxirnum Special Tax for Subdivided Lot Property; Third: If additional monies are needed to satisfy the Spedal Tax Requirement after the first two steps have been completed, the Spedal Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; City of Chula Vista CFD 07M, IA No. 2 June20, 2002 Page 6 Fourth: If additional moneys are needed to satisfl7 the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no drcumstances will the Special Tax levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. 2 of the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's ParceIs with public or utility easements making impractical their udlization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be dassified as exempt property w'dl be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFi) Administrator will assign Tax-Exempt stares in the chronological order in which property becomes exempt. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Admirfistrator regarding such error. If following such consultation, the CFI) Administrator determines that an error has occurred, the CH) Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If follow'rog such consultation and action, if any by the CH) Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such nodce to the City Manager who shall establish as part of the proceedings and administration of the CH), a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the armual administration of the Spedal Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. IA No. 2 City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 7 G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad va/oron property taxes; provided, however, that the CFD Admirfistrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of IA No. 2 of the CFD or as otherwise determined appropriate by the CFI) Administrator. H. TERM OF SPECIAL TAX Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity. S:\Clients\Chula Vista\CFD Formations\Eastlake I[I\Landawap Change & Modilication\redlmed eastlake HI RMA IA No.2 Sevised draft 3.doc City of Chula Vista CFD 07M, IA No. 2 /£- /7 June 20, 2002 Page 8 COUNCIL AGENDA STATEMENT Item iq Meeting Date 5/27/03 ITEM TITLE: Public Heating regarding the annexation of territory to Community Facilities District No. 07M, Improvement Area No. 2. Resolution of the City Council of the City Of Chula Vista, California, Making Certain Determinations and Authorizing Submittal of the Levy of Special Taxes to the Qualified Electors of Certain Tem~tory Proposed to be Annexed to Community Facilities District No. 07M (Eastlake - Woods, Vistas And Land Swap) and Improvement Area No. 2 thereto SUBMITTED BY: D~rector of Eng~neenng//~/ REVIEWED BY: City Manager f,, ~,~' (4/5ths Vote: Yes No X ) On April 15, 2003 the City Council initiated the Community Facilities District 07M' (Eastlake - Woods, Vistas and Land Swap) (CFD 07M) annexation proceedings by the adoption of Resolutions 2003-150 through 151. Tonight's action is the next step in the formal proceedings to annex territory to CFD 07M, Improvement A/rea 2. The special taxes levied in the CFD fund perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. RECOMMENDATION: That Council: 1. Open Public Hearing and receive testimony from the public, 2. Approve the resolution making certain determinations and authorizing submittal of the levy of special taxes to the qualified electors of certain territory proposed to be annexed to Community Facilities District No. 07M (Eastlake - Woods, Vistas And Land Swap) and Improvement Area No. 2 thereto. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 2002, Council formed Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap). CFD 07M is divided into two Improvement Areas, Improvement Area No. 1 (Eastlake - Woods, Vistas) and Improvement Area 2 (Land Swap). The annexation of territory is only being requested for Improvement Area No. 2. Page 2, Item t"~ Meeting Date 5/27/03 Territory Proposed to be annexed The proposed boundaries of the territory proposed to be annexed to Improvement Area No. 2 of CFD 07M encompass Assessor's Parcel Number 643-020-56, which lies north of the existing Improvement Area No. 2. City Council previously approved an annexation boundary map for this territory, identified as Annexation No. 1 to CFD 07M. A reduced copy of the map is presented in Attachment "1 ." Area of Benefit CFD No. 07M, Improvement Area No. 2, encompasses parcels located within the Land Swap area owned by Eastlake Company. Eastlake is proposing to develop approximately 600 single- family homes (detached and condominiums), 150 multi-family units, and approximately 44 acres of commercial development. Proposed Svecial Tax Improvement Area No. 2 has four proposed categories of taxation, as follows: Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. Commercial Pamels are taxed on the acreage of the parcel. · The Subdivided Lot Property which includes all single family residential parcels for which a building permit has not been issued are taxed on acreage of the parcel. · Property not categorized as Developed or Subdivided Lot Property is taxed on acreage of the parcel. · The Exempt Category includes all publicly owned parcels and Homeowner's Association parcels. The proposed maximum special tax rates in the Rate and Method of Apportionment ("RMA") were initially approved by Council at the time of formation of CFD 07M in 2002. A change and modification to the RMA was approved by Council in a preceding action on tonight's agenda. The proposed annexation will be subject to the revised special taxes approved by Council's previous action. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied on the Developed Parcels. If this pool of funds is not enough to fund the Special Tax Liability, as may be the case in the early years of development, the district will levy the special tax on the vacant land starting with Subdivided Lot Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxes levied on Page 3,1tem {! Meeting Date 5/27/03 Developed Parcels will disappear once the area has been fully developed. If the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (Revised) (RMA) of Special Taxes": (See Attachment "2" for fulI description of RMA) · The Maximum Special Tax Rates increase each year by the amaual percentage change in the Consumer Price Index. · The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of an operating reserve fund. The maximum special tax rates are based on the original budget. If the actual square footage of development meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. Proposed Maximum Special Taxes The proposed maximum and current maximum special tax rates for fiscal year 2002/03 for Improvement Area No. 2 of CFD 07M are as follows: Developed Property Special Tax Category Residential (per square foot) Multi-Family (per square foot) Non-Residential (per acre) Proposed Maximum Special Tax $0.070 $0.070 $386.78 Undeveloped Special Tax Category -Subdivided Lot Property (per Acre) Other Taxable Property (per Acre Taxable HOA Property (per acm) Proposed Maximum Special Tax $1,054.95 $1,054.95 $1,054.95 Resolutions There is one resolution on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION MAK1NG DETERMiNATIONS is the formal action of the City Council making certain findings and determinations pertaining to the annexation of territory to CFD Page 4, Item / ~ Meeting Date 5/27/03 07M, Improvement Area No. 2 and authorizes the electors of such territory to vote on the authorization to levy special taxes within such territory. Future Actions The City Clerk, acting as the designated election official, will hold a special election within the territory proposed to be annexed to CFD No. 07M, Improvement Area No. 2 on June 3, 2003, at which time the qualified electors of the territory to be aimexed, being the owners of land within such territory, will be entitled to vote on a ballot proposition to authorize the levy of the special taxes described above within such territory. The adoption of a resolution declaring the results of the special election and, if the levy of such special tax is approved by the qualified electors, the introduction of an ordinance to authorize the levy of such special tax are scheduled for the City Council meeting of June 10, 2003 at 6:00 P.M. FISCAL IMPACT: All costs of annexation to the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovering for staff cost involved in District formation and district administration in perpetuity. Attachments: 1) Annexation Boundary Map 2) Rate and Method of Apportiomnent (Revised) J:\Engineer\LANl)DEV\CFD's\~astlake-MaintenancekA113 Council agenda ROF Annex draft ldoc ATTACHMENT '~ < ~ RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT AREA NO. 2 THERETO WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA. CALIFORNIA (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory (the "Annexation Area") to an existing community facilities district and an improvement area thereto pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3,5 thereof (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the improvement area has been designated as IMPROVEMENT AREA NO. 2; and, WHEREAS, notice of a public hearing relating to the annexation of such territory to the District and Improvement Area No. 2 thereto, the extent of such territory, the financing of Authorized Services (as defined in Section 4 below) and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within the District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this City Council that: all proceedings to consider the annexation of the Annexation Area to the District and Improvement Area No. 2 thereto prior hereto ~vere valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law; the annexation of the Annexation Area to the District and Improvement Area No. 2 thereto as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the lando~vners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District and Improvement Area No. 2 thereto; and ' F. the Authorized Services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are in addition to maintenance provided to the Annexation Area before the annexation thereof to the District. SECTION 3. BOUNDARIES OF ANNEXED AREA. The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses of the Authorized Services are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map designated as Annexation Map No. 1 of Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. DESCRIPTION OF AUTHORIZED SERVICES. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Authorized Services") are generally described as the maintenance of(a) wetlands and landscaped areas within the public rights-of-ways and other public easements throughout the District and (b) facilities that are directly related to storm water quality control throughout the District. The District shall finance all direct~ administrative and incidental annual costs and expenses necessary to provide the Authorized Services. The Authorized Services authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area No. 2 are also the Authorized Services to be provided in the Annexation Area. If and to the extent possible the Authorized Services shall be provided in common within Improvement Area No. 2 and the Annexation Area. SECTION 5. SPECIAL TAXES. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area, is hereby authorized, subject to voter approval, to be levied within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area, reference is made to the attached and incorporated Exhibit A (the "Rate and Method of Apportionment"), which sets forth in sufficient detail the method of apportionment of the special tax to allow each landowner or resident within the Annexation Area to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to fund the Special Tax Requirement as such term is defined in the Rate and Method of Apportionment. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within the Annexation Area used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area No. 2 by more than 10 percent. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of Califomia against the property within the Ahnexation Area, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Am~exation Area and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A, Each such special tax shall be levied for the specific purposes set forth in Section 5 above. 3 n! i B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5 above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within Improvement Area No. 2 shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 7. ELECTION. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the Annexation Area. The election shall be held on June 3, 2003, and such election shall be a special election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07M, IMPROVEMENT AREA NO. 2 ANNEXATION MAP NO. 1 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 07M (Eastlake - Woods, Vistas and Land Swap) of the City of Chula Vista be authorized to levy special taxes, subject to the accountability measures set forth in Resolution No. , within the territory identified in Annexation Map No. 1 to such district and Improvement Area No. 2 therein pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in such resolution for the purpose of funding the Special Tax Requirement as such term is defined in the Rate and Method? SECTION 8. VOTE The appropriate mark placed in the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the line before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 9. ELECTION PROCEDURE This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of said election and ratifies any such steps previously taken by such Election Official which were necessary for the holding of such election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: Prepare and furnish to the election officers necessary election supplies for the conduct of the election. Cause to be printed the requisite number of officiaI ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: Clifford Swanson Director of Engineering J:Attomey\ResokCFDkCFD 07M Annex Map No. I Ann Moore City Attorney 5 lq -lc> EXHIBIT "A" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 2 (REVISED) (Land Swap Parcel) A Special Tax of Community Facilities District No. 07M (Easflake III Woods, Vistas and Land Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No. 2 of the CFD and collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real propert3, in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiphed by 43,560. "Act" means the Mello-Roos Co~mnunity Facihties Act of 1982, as amended, bCmg Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or esthnated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to admkfister IA No. 2 of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requh'ement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 07M of the City of Chnla Vista. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page I "City" means thc City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the CiD' Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facihties and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued after January 1, 2002, but prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Subdivision Map" means a subdivision of property creating buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (Cahfornia Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No. 2" or "IA No. 2" means improvement Area No. 2 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain landscaped areas within the public tight-of- ways, parkways, slopes, wetlands and other public easements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to IA No. 2 for such Fiscal Year. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Multi-Family Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 2 residential units that share cormnon xvalls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units. "Non-Residential Property" means all Assessor's Parcels of Developed Property for wkich a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be mah~tained for LA No. 2 for each Fiscal Year to pay for Landscape Mainteuance and Storm Water Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the apphcable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not classified as Developed Property', Subdivided Lot Property, or Taxable Property Owners · Association Property. "Property Owner Association Property" means any property within the boundaries IA No. 2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that thc ratio of the actual Special Tax IeW to the Maximum Special Tax is equal for ali Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property' within the boundaries of IA No. 2 of the CFD that is, at the thne of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to die federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for IA No. 2 for each Fiscal Year to provide necessary cash flow for the fa'st six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Optrating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building pernfit(s) has been issued for purposes of constt-dctmg one residential dwelling trait. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No. 2 to fund the Special Tax Requirement. -City of Chula Vista CFD 07M, IA No. 2 June2~ 2002 Page3 "Special Tax Requirement" means that amount required m any Fiscal Year for IA No. 2 to: (a) (i) pay the Landscape Maintenance Requirement; (fi) pay the Storm Water Quality Maintenance Requizement; (iii) pa) reasonable Administrative Expenses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax lew, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property or Multi Family Property, excluding garages or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of detenfon basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other fafflities that are dLrectly related to storm water quality control throughout IA No. 2. "Storm Water Quality Maintenance Requirement" ?neans for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No. 2 for the current Fiscal Year in xvhich Special Taxes are levied. "Subdivided Lot Property" means a single f:nmly residential lot created by a Final Subdivision Map, but which is not classified as l)cvelopcd Property. "Taxable Property" means all of thc Assessor's Parcels xvithm the boundaries of IA No. 2 of the CFD ttaat are not exempt from the Special 'Fax pursuant to law or as defined below. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property', or (ii) Property Owner Association Property, or (iii) Assessor's Parcels defined as Community Purpose Facil/ty Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in wh/ch the Special Tax is being levied of the organization's non-profit stares, or (v) Assessor's Parcels with pubhc or ufilitT easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Property Owner Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. City of Chula VEsta CFD 07M, IA No. 2 /q June 20, 2002 Page 4 ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property witttin IA No. 2 of the CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table I. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property xvhen such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 07M Improvement Area No. 2 Land Use Maximum Class Description Special Tax 1 Residential Property $ 0.070 per Sq Ft 2 Multi-Fa~mly Property $ 0.070 per Sq Ft 3 Non-Residential Property $386.78 per Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maxhnum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be imposed on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 5 Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 07M Improvement Area No. 2 Land Use Maximum Class Description Special Tax 4 SubdMdcd Lot Property, $1,054.95 per Acre 5 Other Taxable PropertT $1,054.95 per Acre 6 Taxable Property Owner $1,054.95 per Acre Association Property o Annual Escalation of Maximum Special Tax The Maxhnum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in IA No. 2 shall be increased each Fiscal Year beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items). METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2002-03, and for each following Fiscal Year, the Council shall leW the IA No. 2 Special Tax at the rates estabhshed pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals thc Special Tax Requirement. The Special Tax shall bc levied each Fiscal Year as follows: First: The Special Tax shall bc levied Proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximun~ Special Tax; Second: If additional monies are needed to satisfy thc Special Tax Requirement after the first step has been completed, the Special Tax shall bc levied Proportionately on each Assessor's Parcel of Subdivided lx~t Property at up to 100% of the Maximum Special Tax for Subdivided Lot Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; City of Chula Vista CFD 07M, IA No. 2 June 20, 2002 Page 6 Eo Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Oxvner Association Property at up to 100% of the Maxtrnum Special Tax for Taxable Property Owner Association Property. Notx~5.thstanding the above, under no circumstances will the Special Tax lev/ed against any Assessor's Parcel of Residential Property or Muir-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. 2 of the CFD. EXEMPTIONS The CFD A&rfinistrator shall classify, as exempt property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in xvhich the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements making h~npractical their utilization for other than the purposes set forth in the easement. The CFD Ad~rfinistrator shall classiC' as exempt property those Assessor's Parcels defined as Property Owuer's Association Property provided that no such classification would reduce the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as Property Oxvner Association Property that cannot be classified as exempt property .~vfll be classified as Taxable Property Oxvner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign Tax-Exempt status in the chronological order in which property becomes exempt. APPEALS Any lando~vner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Ad~rfinistrator, the landowner or resident beheves such error still exists, such person may file a written notice with the City Clerk of the CiD' appealing the amount of the Special Tax levied on such Asscssor's Parcel. Upon the receipt of any such notice, the City Clerk shall fo~xvard a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may estabhsh such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as her(m specified. The decision of the Revic~v/Appeal Co~mnittee shall be final and IJmdmg as to all persons. IA No. 2 City of Chula Vista CFD 0TM, IA No. 2 /0--/7 June 20, 2002 Page 7 G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may direcdy bill the Special Tax, may collcct Special Taxes at a different time or in a different manner if necessau; to meet the financial obligations of LA No. 2 of the CFD or as otherxvise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in IA No. 2 of thc CFD shall remain subject to the Special Tax in perpetuity. City of Chula Vista June 20, 2002 CFD 07M, IA No. 2 Page 8 COUNCIL AGENDA STATEMENT Item: Meeting Date: ITEM TITLE: Resolution of the City Council of the City of Chula Vista adopting the City of Chula Vista Water Conservation Plan Guidelines SUBMITTED BY: Director of Planning and BuildingL~ REVIEWED BY: City Manager ¢~ 9 ~ ~ / (4/5th Vote: Yes No X ) In May 2002, the City concluded a water conservation pilot study involving three major projects. Staff was directed to draft guidelines for future Water Conservation Plans using the information contained in the pilot study and report. Proposed guidelines for preparation of Water Conservation Plans that are required by the Growth Management Ordinance have been completed. The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the action may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the action is not subject to CEQA, thus no environmental review is necessary. RECOMMENDATION: That the City Council approve a resolution adopting the City of Chula Vista Water Conservation Plan Guidelines. BOARDS/COMMISSIONS RECOMMENDATION: On April 23, 2003 the Planning Commission voted unanimously to recommend that the City Council adopt the City of Chula Vista Water Conservation Plan Guidelines. The Planning Commission also recommended that the City Council consider similar water conservation measures for small projects and major remodels that do not require a Water Conservation Plan. In addition, a presentation on the Water Conservation Plan Guidelines was made to the Resource Conservation Commission (RCC) on April 7, 2003. No action was taken. DISCUSSION: Water conservation is of particular concern in southern California as local and regional water purveyors strive to meet future water demands. The City's Growth Management Ordinance, Municipal Code Section 19.09.050C, requires a Water Conservation Plan (WCP) to be submitted with all Sectional Planning Area (SPA) Plans. If a SPA Plan is not required, a Water Conservation Plan is required to be submitted with Tentative Subdivision Maps. The Growth Management Program further requires that a Water Conservation Plan be submitted for all major 20' 1 Page 2, Item: Meeting Date: ~ development projects, defined as residential projects consisting of 50 dwelling units or greater, or commercial and industrial projects with 50 Equivalent Dwelling Units (EDU's) of water demand or greater. In accordance with the Growth Management Program, the Water Conservation Plan must provide an analysis of water usage requirements of the proposed project. This includes a detailed plan of proposed measures for water conservation, use of recycled water, and other means of reducing per capita water consumption from the proposed project, as well as defining a program to monitor compliance. Water Conservation Plans have been prepared based on current federal and state and local mandates that require the use of certain water conservation plumbing devices in all new buildings. Opportunities for additional water conservation efforts in new developments resulted in a pilot study conducted by the City. The goal of the pilot study was to assess potential water conservation measures and develop guidelines for future Water Conservation Plans. Three SPA Plan projects, EastLake m, Otay Ranch Village Six, and Otay Ranch Village Eleven participated in the pilot study and prepared their WCP's based on the pilot study results. The City retained a consultant to analyze water saving devices and to prepare a report evaluating the relative effectiveness, costs and issues associated with the implementation of additional water conservation measures beyond those currently mandated. Although Water Conservation Plans have been prepared for previous projects, these are the first guidelines to be developed for the preparation ofa WCP. Through the pilot study, the most cost effective water conservation devices and strategies were identified in two categories, indoor measures and outdoor measures. The indoor measures includ[ building construction items and water efficient appliances. The outdoor measures include water- wise landscape techniques and efficient irrigation systems. During the pilot study process, staff met with other City departments, local water purveyors, and the development community to receive input and include their suggestions where possible. Staff identified a common desire that the guidelines be cost effective, easy to understand and administer, flexible, include devices that qualify for financial incentives and avoid unreasonable burdens to the developer. Early in the study process, the water conservation pilot program and report were discussed during a joint workshop between the Planning Commission and Resource Conservation Commission. Following the completion of the pilot study the Planning Commission and City Council held public hearings and action was taken to accept the Water Conservation Plan pilot study report and approve the amendments to the SPA Plans of the three projects that participated in the pilot study. Page 3, Item: Meeting Date: ~ The proposed Water Conservation Plan Guidelines (Attachment 1) require that all residential projects subject to the WCP requirements provide hot-water pipe insulation, pressure reducing valves and water efficient dishwashers in all dwelling units. In addition, each dwelling unit must contain at least one outdoor water conservation measure and one additional measure from either the indoor or outdoor categories as listed in the Water Conservation Plan Guidelines. The Developer is permitted to make water conservation choices that best enhance their particular project. Non-residential projects subject to the WCP requirements must provide hot-water pipe insulation in all common areas and tenant-developed buildings. Pressure reducing valves at all meters are also required. In addition all non-residential projects must contain at least one outdoor water conservation measure and one additional measure fi.om either the indoor or outdoor categories as listed in the Water Conservation Plan Guidelines. The Water Conservation Guidelines include a provision for the use of devices or techniques that were not included in the pilot study as well as new technology. Data confirming the water savings achieved by implementing alternate water conservation measures must be provided and are subject to City review and approval. Staff has concluded that the draft Water Conservation Plan Guidelines are consistent with the objectives and outcomes of the pilot study program, requirements of the Growth Management Ord'mance, and goals and policies of the Chula Vista General Plan. Based upon the Planning Commission's desire to introduce at least some relatively simple and cost effective water conservation requirements for smaller projects and the City Council's previously stated interest in addressing water conservation in existing development, staff proposes to return at a future date to the Council with a recommended approach for addressing these concerns. FISCAL IMPACT: Adoption of the Water Conservation Plan Guidelines will not result in a fiscal impact. Implementation of the guidelines will require staff time to review Water Conservation Plans for compliance with the Water Conservation Plan Guidelines. The associated costs will be chargeable to the relevant project deposit accounts. 1. Water Conservation Plan Guidelines 2. planning Commission Resolution PCM-03-36 3. Planning Commission Minutes April 23, 2003 meeting Draft CITY OF CHULA VISTA WATER CONSERVATION PLAN GUIDELINES Part One - General City Requirements The City of Chula Vista Growth Management Ordinance, Municipal Code Section 19.09.050C, requires a Water Conservation Plan (WCP) to be submitted with all Sectional Planning Area (SPA) Plans. If a SPA Plan is not required, a WCP is required to be submitted with Tentative Subdivision Maps. The Growth Management Program further requires that a Water Conservation Plan be submitted for major development projects, defined as residential projects consisting of 50 dwelling units or greater, or commercial and industrial projects with 50 Equivalent Dwelling Units (EDU's) of water demand or greater. (See Part Six for an explanation of EDU's.) The WCP shall provide an analysis of water usage requirements of the proposed project, as well as a detailed plan of proposed measures for water conservation, use of reclaimed water, and other means of reducing per capita water consumption from the proposed project, as well as defining a program to monitor compliance. Part Two - Water Conservation Plan Outline Water Conservation Plans shall be consistent with the format and content identified in the Water Conservation Plan Outline, Attachment A. Part Three- Residential Water Conservation Measures All residential projects subject to the WCP requirements shall provide the following conservation measures in all dwelling units as more particularly described in Attachment B: a. Hot-Water Pipe Insulation. b. Pressure Reducing Valves. c. Water Efficient Dishwashers. d. At least one outdoor water conservation measure from the Residential Water Conservation Measures list. 1 YKCP. Guidelines 4/4/03 e. At least one additional water conservation measure from either the indoor or outdoor categories identified on the Residential Water Conservation Measures list. f. Water conservation measures not found on the Residential Water Conservation Measures list may be proposed consistent with the provisions of Part Five below. Part Four - Non-Residential Water Conservation Measures All non-residential projects subject to the WCP requirements shall provide the following conservation measures as more particularly described in Attachment C: a. Hot-Water Pipe Insulation. b. Pressure Reducing Valves. c. At least one outdoor water conservation measure from the Non-Residential Water Conservation Measures list. d. At least one additional water conservation measure fi.om either the indoor or outdoor categories identified on the Non-Residential Water Conservation Measures list. e. Water conservation measures not found on the Non-Residential Water Conservation Measures list may be proposed consistent with the provisions of Part Five below. Part Five - Future Water Conservation Technoloev and/or Measures The Developer may submit a Water Conservation Plan containing alternate water conservation measures not found on the Residential and Non-Residential Water Conservation Measures list. The altemate water conservation measures must be accompanied by data confirming, to the satisfaction of the City, the water savings achieved by implementing the measures. The Director of Planning and Building or his/her designee will evaluate in his/her discretion the alternate water conservation measures for consistency with the objectives of the Water Conservation Guidelines. Alternate water conservation measures may be approved through the review and approval process for the Water Conservation Plan. Part Six - Using Equivalent Dwellin~ Units (EDU's) to determine Water Conservation Plan Recluirements for Non-Residential and Mixed Use Proiects. The following water demand equivalencies apply to non-residential or mixed use projects: 2 ~E C.P. Guidelines 4/4/03 a. Commercial projects of 12 or more acres. b. Industrial projects of 24 or more acres. c. Mixed Use projects with a cumulative estimated water demand of 21,200 gallons per day. The average daily water consumption per household as estimated by the American Water Works Association Research Foundation is 424 gallons per day (gpd). Major development projects are defined as projects that use the equivalent water demand for 50 residences, or 21,200 gallons per day. Using an estimated water demand factor of 1785 gallons per day per acre for commercial land, and an estimated water demand factor of 893 gallons per day per acre for industrial land, a commercial site of 12 acres and greater and an industrial site of 24 acres and greater would be required to prepare WCP's. For projects with more than one use, the threshold for requiring a Water Conservation Plan would be a cumulative estimated project water demand of 21,200 gallons per day, based on these factors as approved by the City. Infill or redevelopment projects that provide information, to the satisfaction of the City, indicating the net water demand increase resulting from the proposed land use does not exceed 21,200 gallons per day will not be required to prepare a Water Conservation Plan. 3 CITY OF CHULA VISTA Water Conservation Plan Outline AttaChment A The following outline sets forth the format and content of the Water Conservation Plan (WCP). The Water Conservation Plan shall provide an analysis of water usage requirements of the proposed project, a detailed plan of proposed measures for water conservation, use of recycled water, and other means of reducing per capita water consumption from the proposed project, as well as defining a program to monitor compliance. All SPA Plans must incorporate the following numbering system consistent with the master planned communities SPA plan outline. For projects that do not require a SPA Plan a comparable numbering sequence is to be used. (e.g. 11.8.1, 11.8.2 replaced with 1., 2.) SECTION 11.8 WATER CONSERVATION PLAN Table of Contents Abbreviations, Terms and Water Equivalencies II.8.1 Executive Summary Provide a brief summary of the Water Conservation Plan. Particular emphasis is to be given to the water conservation measures identified for implementatior~ in the project. II.8.2 Introduction Identify the project and list goals of the project's Water Conservation Plan. IL8.3 Purpose Describe the purpose of providing a Water Conservation Plan. Identify the authority and scope of the City of Chula Vista, State, and Federal regulations, 1 20-7 W.C.P. Outline 4/4/03 where applicable. A brief explanation of how the project has addressed regulations is to be included. II.8.4 II.8.4 II.8.5 11.8.6 II.8.7 Project Description Project description includ'mg land use information, acreage, number of housing units, unit types and mixed-use areas. Include the Site Utilization Plan illustration from the Sectional Planning Area (SPA) Plan document. Water Service and Supply Identify the local water agency that will supply potable and recycled water to the project site. Projected Water Use Potable Water Demand Summarize the potable water demand in a table based on land use type and projected residential density. Base the unit demand on data provided by the water purveyor. Recycled Water Demand Summarize recycled water demand in a table and identify recycled water use areas in the project using an illustration. Use the unit demand factor consistent with the water purveyor. Include land use, acreage, percent to be irrigated, irrigated acreage and gallons per day for all land use types within the project. State and Federal Water Conservation Requirements List the Federal and State mandated minimum water conservation standards. Local Water Conservation Requirements Description of local water conservation standards including requirements of the water purveyor and the City of Chula Vista Landscape Manual. Description of indoor water conservation measures as required by the Water Conservation Plan Guidelines and additional indoor and outdoor water conservation measures to be used in the project. (See Attachments B & C) Any additional water conservation measures to be offered by merchant builders as an option for homebuyers are to be included in this section. 2 20 W. CP. Outline 4/4/03 II.8.8 Water Conservation Estimated Savings Total estimated potable water savix~gs (gallons per day) for the project due to implementation of the additional conservation measures. 11.8.9 Implementation Measures List the water conservation measures to be implemented in the project and summarize the water conservation program including any efforts involving merchant builders, local water purveyors the City and any other public or private agencies. II.8.10 Monitoring Smrtmarize the implementation timing for each water conservation measure including the responsibility for monitoring and reporting on the effectiveness of the measure if applicable. References Appendix 3 Draft CITY OF CHULA VISTA Residential Water Conservation Measures Attachment B All residential units subject to the Water Conservation Plan requirements shall contain the following three indoor water conservation measures: Savings & Costs data are estimates based on the Water Use Efficiency, Strategies for Proposed Residential Developments, April 2002 report and are provided for information only. 1. Hot Water Pipe Insulation hasulation of hot-water pipes, and separation of hot and cold water piping to avoid heat exchange. Savings & Costs Water savings - 2,400 gallons per residential unit per year. insulating hot water pipes during construction - $50.00. Estimated cost of 2. Pressure Reducing Valves Pressure reducing valves maintain the pressure below 60 psi reducing the volume of any leakage present and preventing excessive flow of water from all appliances and fixtures. Savings & Costs Water savings - 1,800 gallons per unit per year. Estimated cost of pressure reducing valves - $100.00. 1 Residential measures 4/4/03 3. Water-Efficient Dishwashers Dishwashers with water saving features such as water level sensors instead of timed fillers. The website <www.energvstar. eov/l~roducts/dishwashers/> may be consulted for a current list of Energy Star label dishwashers. Savings & Costs Water savings - 650 gallons per trait per year. dishwashers $300.00 to $700.00. Estimated cost of water efficient All residential units subject to the Water Conservation Plan requirements shall contain at least one outdoor water conservation measure and at least one additional water conservation measure from either the indoor or outdoor categories. Outdoor Water Conservation Measures 1. Evapotranspiration (ET) Controllers Timed, fixed irrigation scheduling based on estimates of actual plant evapotranspiration rates. Radio signal from a central control station or satellite transmits information to the controllers to operate the sprinklers for the appropriate length of time. Savings & Costs Water savings - 20,000 gallons per single-family unit per year. The cost is estimated to be $175.00 per installed controller and may require a signal and maintenance fee, estimated to be $48.00 per year. 2. Water-Efficient Landscaping Use of drought tolerant plant materials, irrigation systems, and controllers as required by the Chula Vista Landscape Manual. In addition, the use of drip irrigation where possible and restriction of sprinkler in-igation as recommended by the water purveyors. Savings & Costs Water savings - Up to 50% of outdoor water use. For a 2,100 sq. ft. landscaped area a water savings of 12,000 gallons per year is estimated. The cost of water efficient landscaping is no different than conventional landscaping, possibly lower. 2 Resident~lmeasures 4/4/03 3. Xeriscape Xeriscaping is a combination of seven principles, planning and design, practical turf areas, efficient irrigation, soil analysis and improvement, mulching, low water use plants and appropriate maintenance. Savings & Costs Water savings - 30% reduction in irrigation demand or about 16,000 gallons per year on a typical single-family lot. The cost of xeriscape does not exceed conventional landscape. 4. Soil Moisture Sensors Soil moisture sensors placed at two or more depths and at several locations in the landscape to help determine when the soil is dry enough to require irrigation. Savings & Costs Alone, soil moisture sensors do not achieve water savings. However, in combination with other systems they are important tools for water savings. The cost of each sensor is approximately $235.00 and it is estimated that one or two soil moisture sensors are sufficient for a typical single-family lot (sunny and shady areas of landscape). Indoor Water Conservation Measures 1. Dual Flush Toilets Provides option to flush with' partial (0.8 gallon) flow of water or with a full (1.6 gallon) flow depending on need. Savings & Costs It is estimated that a dual-flush toilet can save 4,000 gallons per year. Estimated cost of dual flush toilet - $200.00. 2. High-efficiency Washing Machines Front loading and top loading Energy Star qualified clothes washers that use 35% to 50% less water than conventional washing machines. A current list of Energy Star high efficiency clothes washers can be found at <www.energvstar. gov/products/clotheswashers/>. Savings & Costs Water savings - 7,000 gallons per year. Estimated cost of high-efficiency washing machine $800.00. 3 Residential measures 4/4/03 Point-of-Use, or Tank-less Water Heater Installation of small water heaters close to the point of use, such as in bathrooms, kitchen and laundry area. Savings & Costs Water savings - 5,300 gallons per residential unit, per year. Estimated cost of point- of-use water heaters - $700.00. (The cost is approximately the same whether one large household unit is installed or three smaller ones at each point of use.) Ootional Water Conservation Measures · Education Program including educational materials and guidance to new homeowners. · Submeter all individual tenants in multi-family projects. · Install waterless urinals in intensively used settings such as recreation areas and school sites. 4 CITY OF CHULA VISTA Non-Residential Water Conservation Measures Attachment C ~IH Non-Residential uses subject to the Water Conservation Plan requirements shall contain the following two indoor water conservation measures: 1. Hot Water Pipe Insulation Install insulation on all hot water pipes in all common areas m~d all tenant- developed areas. 2. Pressnre Reducing Valves Provide pressure reducing valves at all meters, set to deliver water at no higher than 60 psi. ~Ill Non-Residential uses subject to the Water Conservation Plan requirements shall contain at least one outdoor water conservation measure and at least one additional water conservation measure from either the indoor or outdoor categories. Outdoor Water Conservation Measures Water Efficient Irrigation System Use of rain sensors, and soil moisture measuring devices for scheduling and controlling all landscape irrigation programs in commercial, industrial and business centers including tenant areas. Non-residential measures 4/4/03 1. Evapotranspiration (ET) Controllers Timed, fixed irrigation scheduling based on estimates of actual plant evapotranspiration rates. Radio signal fi:om a central control station or satellite transmits information to the controllers to operate the sprinklers for the appropriate length of time. 2. Water-Efficient Landscaping Use of native vegetation and drought tolerant plant materials, avoiding grass and turf to the extent practical and use of irrigation systems and controllers as required by the Chula Vista Landscape Manual Use. In addition, the use of drip irrigation where possible and restriction of sprinkler irrigation as recommended by the water purveyors. 3. Recycled Water Expand use of recycled water beyond areas mandated by the water purveyor to those areas where landscaping is within a reasonable reach of recycled water pipelines, to the extent that such use is acceptable to regulatory authorities. 4. Outdoor Garden Sales All tenants with outdoor garden sales areas to install micro-irrigation systems (trickle or drip irrigation) and provide water conservation educational materials for customers. Indoor Water Conservation Measures 1. Dual-Flush Toilets Iristall dual-flush (ULFT) toilets in public restrooms including gas station restrooms. 2. Waterless Urinals Install waterless urinals in public restrooms (men's rooms) including gas station restrooms. 3. Pre-Rinse Sprayer on Sinks Install automatic shut-off sprayer for pre-rinsing dishes with a maximum flow rate of 1.6 gpm in all restaurant and fast-food units. 2 Non-residenlial measures 4/4/03 4. High-Efficiency Dishwashers Install high-efficiency dishwashers in restaurant buildings. 5. Air-Cooled Ice Machines Install air-cooled ice machines instead of water-cooled machines in restaurants. 6. Conductivity Meters Install conductivity meters on cooling towers to regulate cycling of cooling water and chemicals. Optional Water Conservation Measures · Submeter all individual tenants in buildings. · Provide educational materials and guidance to tenants. RESOLUTION NO. PCM-03-36 RESOLUTION OF TI-IE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT ~ CITY OF CflULA VISTA WATER CONSERVATION PLAN GUIDELINES Wl:~REAS, the City of Chula Vista Growth Management Ordinance and Growth Managemem Program require that a Water Conservation Plan (WCP) be submitted for major development projects (50 dwelling units or greater, or commercial and industrial projects with 50 Equivalent Dwelling Units of water demand or greater); and WHEREAS, in accordance with, the Growth Management Program, the Water Conservation Plan must provide an analysis of water usage, water conservation measures, use of recycled water, and a program to monitor compliance; and WHEREAS, a pilot study was conducted to assess potential water conservation devices and strategies and develop guidelines for future Water Conservation Plans; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study was prepared by Bahrnan Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy is kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and VgfIEREAS, Water Conservation Plan Guidelines have now been developed to direct the preparation of required Water Conservation Plans; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the action may have a significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines, the action is not subject to CEQA, thus no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED THAT TIlE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution adopting the City of Chula Vista's Water Conservation Plan Guidelines, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of April, 2003 by the following vote, to-wit: AYES NOES: ABSENT: ATTEST: HALL, MADRID, O'NEILL, CORTES, CASTANEDA, HOM Diana Vargas, Se~t~tary Russ Hall, Chairperson '2D /Z Planning Commission Minutes - 9 - April 23, 2003 4. ACTION ITEM: Consideration of Resolution PCM 03-36 recommending that the City Council adopt the City of Chula Vista Water Conservation Plan Ouidelines. Background: Mary Venables, project manager reported that the Growth Management Ordinance and program is the implementing document which requires preparation of a water conservation plan for projects that file SPA Plans, Tentative Subdivision Maps or major projects (50 dwelling units or more). A pilot study was conducted to evaluate the effectiveness, the cost, and issues associated with the implementation of water conservation measures beyond those currently required. Three projects agreed to participate in the study, they are: 1) Eastlake III, 2) Otay Ranch Village 6, and 3) Otay Ranch Village 11. Their water conservation plans were developed base on what we learned and based on study results, the guidelines have been developed. The pilot study revealed that there are certain water-saving devices that are cost effective and others that are not. Those measures that had an acceptable cost benefit ratio were used in the guidelines. The most effective devices and strategies were identified in two categories (indoor and outdoor measures) Indoor measures include building construction items and water efficient appliances. Outdoor measures include wise landscaping techniques and efficient irrigation systems. The proposed WCP guidelines require that all residential projects subject to the requirements provide hot-water pipe insulation, pressure reducing, valves and water efficient dishwashers. Each dwelling unit must also contain at least .one outdoor conservation measure and one additional measure from either indoor or outdoor categories as listed in the guidelines. Non residential projects are required to provide hot-water pipe insulation in all common areas and tenant-development buildings. Pressure reducing valves at all meters area also required. Additionally, one additional measure from either indoor or outdoor categories as listed in the guidelines is required. Staff Recommendation: That the Planning Commission adopt Resolution PCM 03- 36 recommending that the City Council adopt the City of Chula Vista Water Conservation Plan Guidelines. Discussion: Cmr. O'Neill noted his disappointment in that there is no provision for gray water systems. Planning Commission Minutes - 10 - April 23, 2003 Ms. Venables responded that the report that the consultant prepared revealed that gray water did not have a cost benefit ration that was very favorable because the systems themselves are still quite expensive. Cmr. Caetaneda stated that he would like to extend the same requirements imposed on project consisting of 50 residential units or more, to include also any new unit or major remodel project. MSC (O'Neill/Hall) (6-0) that the Planning Commission adopt Resolution PCM 03-36 recommending that the City Council adopt the City of Chula Vista Water Conservation Plan Guidelines, including the following additional recommendation: That the City Council consider requiring any new unit or major remodel to meet these same standards. Motion carried. RESOLUTION NO. 2003~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA WATER CONSERVATION PLAN GUIDELINES WHEREAS, the City of Chula Vista Growth Management Ordinance and Growth Management Program require that a Water Conservation Plan (WCP) be submitted for major development projects (50 dwelling units or greater, or commercial and industrial projects with 50 Equivalent Dwelling Units of water demand or greater); and WHEREAS, in accordance with the Growth Management Program, the Water Conservation Plan must provide an analysis of water usage, water conservation measures, use of recycled water, and a program to monitor compliance; and WHEREAS, a pilot study was conducted to assess potential water conservation devices and strategies and develop guidelines for future Water Conservation Plans; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy is kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, Water Conservation Plan Guidelines have now been developed to direct the preparation of required Water Conservation Plans; and WHEREAS, on April 23, 2003, by a vote of 6-0 the Planning Commission recommended that the City Council adopt the City of Chula Vista Water Conservation Plan Guidelines; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quahty Act (CEQA) and has determined that there is no possibility that the action may have a significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Gnidelines, the action is not subject to CEQA, thus no envimnmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista Water Conservation Plan Guidelines, a copy of which shall be kept on file in the office of the City Clerk. Presented by Approved as to form by Robert Leiter Planning and Building Director City Attomey J:Attomeyh°.eso\wcpguidelinesCCreso 7_-49 COUNCIL AGENDA STATEMENT Page 1, Item: ~ I Meeting Date: 05/27/03 ITEM TITLE: SUBMITTED BY: INTRODUCTION: Resolution approving the Final Draft Park Master Plan for the proposed public park in the Otay Ranch Village Six subdivision. Director of Building and Park Constmction~/ Director of Public Works~erations f/~ Director o f Recreation~__~ ~f-'f'r~ "~ ~ ~' This report seeks approval of a Master Plan for the development of a proposed 7-acre public neighborhood park in the Otay Ranch Village Six subdivision. STAFF RECOMMENDATION: That the City Council approve the Final Draft Park Master Plan for the proposed public park in the Otay Ranch Village Six subdivision. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission at their regular meeting held on April 17, 2003 voted to recommend approval of the Draft Park Master Plan for the 7-acre public neighborhood park site in the Otay Ranch Village 6 subdivision. DISCUSSION: Backeround The proposed park is located south of Olympic Parkway, west of SR-125, east of La Media Road and north of Birch Road within the Otay Ranch Village Six Subdivision. The park site shares boundaries with an elementary school site, a commercial site and streets, Magdalena Avenue and View Park Way. Park Development In January of 2002, the Chula Vista City Council approved the Specific Planning Area (SPA) for Village Six in the Otay Ranch. The Village Six master planned subdivision consists of a predominantly residential environment with 2,232 dwelling units, including: two Community Purpose Facility sites, two school sites, a commercial site and a seven-acre neighborhood park. The park acreage obligation is determined by the number and type of approved dwelling units, in accordance with the Chula Vista Municipal Code. The SPA park and recreation program identifies the following principle; to the extent practical, parks shall be located near school sites to increase the potential for shared use &facilities. The SPA also J:~BPCkBPC Administration\Council Agenda\Otay Ranch Village Six (Magdalena Park)\CCAgendaStrnt 05-27-03.doc 2/-t Page 2, Item: ~/ Meeting Date: 05/27/03 identified the park site "to be improved with ball fields and courts, children's play equipment/tot lots, informal play and picnic areas." The Parks and Recreation Department conducted a recreational needs analysis as a basis for the City of Chula Vista Parks & Recreation Master Plan (PRMP). The resulting recreational needs were allocated among future park sites anticipated to be built-out at year 2020, and an initial program for the 7-acre park was created. The program was then further refined with technical input from City staff, including the Landscape Architecture Division, Recreation Department staff, Public Works Operations staff and the consultant Landscape Architect. Park Activities Prouram The proposed Preliminary Park Master Plan for the 7-acre site includes the following program elements: · Basketball Courts (2) - Standard size courts. (Lighted) · Children's Play Areas (2) - The play areas will have equipment suitable for children of varying age groups. One area will be designed for the youngest age group of children, ages 2-5 and the second play area will target children ages 5 to 12. · Circulation - The park site will include a paved, lighted pathway looping the entire park site to accommodate pedestrian and emergency vehicle circulation. The loop will also accommodate joggers. · Comfort Station - Centrally located and adjacent to children's play areas and picnic structures. · Lawn Terraces (overlook area) - Adjacent to the large multi-purpose field and the softball field and set into the slope will be an amphitheater-like style seating for spectators. · Low-maintenance Landscape Design - Where possible low water use planting will be specified. · Field (1) - One multipurpose field is 150 feet by 300 feet, a standard that the Federation Intemationale de Football Association (FIFA) approves for soccer play as well as for lacrosse, football, etc. and is intended to also be used for more informal types of recreational play and for younger aged users. · Parking - 36 on-site spaces including parking for handicapped. On-site parking is to be gated to restrict vehicle access after 10:00 p.m. · Picnic Areas Group-use (2) - Two (2) large shelters/shade structures with varying quantities of tables will be located in the park. The picnic shelters are within easy access from parking areas to facilitate loading and unloading. · Picnic Facilities Individual-use (7) - Individual areas with picnic tables. · Softball Field (1) - With 300' radius field and spectator bleachers · Storage - Park operations storage will be provided in the separate comfort station, recreation storage is also accommodated within the comfort station. · Skateboard And Roller-skate Play Area - Small area to be considered for entry-level play. · Tennis Court (1) - Standard size courts with fencing. (Lighted) The proposed park plan is compliant with the Americans with Disability Act (ADA). J:~BPCXBPC Administration\Council Agenda\Otay Ranch Village Six (Magdalena Park)\CCAgendaStmt 05-274)3.doc Page3, Item: ~'/ Meeting Date: 05/27/03 Li~htinR Basketball courts, tennis court and skate area will have lighting to extend their hours of use. Ambient light levels at the park boundary are to be at or below 0.5-foot candles. Adequate foot- candles will be maimained in all areas for public safety. Consistent with the Parks and Recreation Master Plan and the SPA designation of a neighborhood park, the multi-purpose field and softball field are not proposed to be programmed and therefore would not have night lighting. Skate Area Recreation staff has received numerous requests to address the skateboard and rollerblade activities of City residents. This park plan proposes an area for the use of skateboards at a beginner's skill level, to practice in an approved area rather than through the inappropriate use of park furniture. Staff will work with the developer to review the issue of providing such an area in a safe manner. The skateboard play area will be signed to identify basic safety standards including the requirement for users to wear helmets, and other appropriate protective gear. Environmental Review The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the adopted Village Six SPA plan. Thus, no further environmental review or documentation is necessary. Fire and Police Fire staffand Police staffhave reviewed the plan, and provided input to insure that issues regarding public health and safety have been addressed. Parks and Recreation Commission Commissioners expressed concerns with the park plan having adequate lighting and were assured the plan had been thoroughly reviewed by the Crime Prevention Specialist of the Police Department for adequate lighting. Other Commissioners expressed the desire for the multi-purpose field to be lighted at night for extended hours of available use. While the proposed lighting concept is consistent with the City-wide Parks and Recreation Master Plan, one Commissioner opposed the proposed plan and one Commissioner abstained from approving the proposed plan on this matter. J:kI~PC~BPC Administration\Council Agenda\Otay Ranch Village Six (Magdalcna Park)\CCAgendaStmt 05-274)3.doc Page 4, Item: ~ Meeting Date: 05/27/03 The Commission did approve the proposed plan with the condition the park is adequately lighted to prevent potential problems and the wind-chime elements proposed for the park be vandal proof or not included in the final park plan. Park Name Staff will return to the Parks and Recreation Commission to seek a recommendation with respect to the park name. Fiscal Imoacts The Park cost of $2,343,000.00 is to be funded in conformance with the City's Parkland Acquisition and Development Ordinance. The Otay Ranch Company is providing the land and park development dollars as part of their park obligation and will construct the park in a 'turnkey' fashion. McMillin Land Development will be providing park development dollars in satisfaction of their park obligations. Both developers are contributing to the park~s development in relationship to the number of dwelling units for their respective portions of the subdivision project. Additionally, beyond their respective PAD park obligations, the Otay Ranch Company and McMillin Land Development have agreed to contribute another $57,000.00 (approximate) towards additional site grading costs. Staffhas performed a review of the preliminary estimates of probable cost for park construction, and the initial establishment/maintenance period, prepared by the design consultant team. Changes to the cost estimates are anticipated as the Park Master Plan evolves into construction drawings, and as actual park construction commences. However, staff is of the opinion that the estimates are an adequate representation of anticipated costs for the improvements proposed. After the initial turf establishment period of one year, future park maintenance costs for the public park will be paid through the City's General Fund. Staff Recommendation That the City Council approve the Final Draft Master Plan for the proposed public park in the Otay Ranch Village Six subdivision. Attachments: Parks and Recreation Commission meeting minutes, (04/17/03) Final Draft Master Plan, (including conslruction cost estimate.) J:~BPC~BPC Administration\Council Agenda\Otay Ranch Village Six (Magdalena Park)\CCAgendaStmt 05-27-03.doc ATTACHMENT A City of Chula Vista Parks and Recreation Commission Minutes Thursday - 6:30 p.m. Mercy Building Meeting called to order by Vice Chair Don Salcido at 6:30 p.m. April 17, 2003 430 F Street Staff Present: Buck Marlin, Director of Recreation Dave Byers, Director of Public Works Operations Andy Campbell, Director of Building and Park Construction Shauna Stokes, Assistant Director of Recreation Nora Smyth, Deputy City Attorney Brian Cox, Principal Recreation Manager Ed Hall, Principal Recreation Manager Larry Eliason, Parks and Open Space Manager Mary Hofmockel, Principal Landscape Architect John Krizan, Landscape Architect Ted Nelson, Recreation Supervisor III Guests: Bill Karrach, Architects RNP Gayle Crocenzi - aRC Tim Jacklewski, Principal - Van Dyke LLP Ling Chan, Van Dyke LLP Peter Watry, Chula Vista Resident 1. Roil Call/Motion to Excuse Members Present: Commissioner Rude, Commissioner Salcido,. Commissioner Ramos (Arrived at 6:40 p.m.), Commissioner StrahL Commissioner Rios, Commissioner Perondi Members Absent: Commissioner Weidner Chair Perondi informed the CommissiOn that Item 3a would be taken out of order after the approval of the minutes at March 20, 2003. 2. ACTION ITEMS Approval of Minutes of March 20, 2003 - MSC [Rude/Salcido) 15-1-0-1) (Weidner absent, Ramos late} to approve the minutes a. Brown Act Update - Ms. Nora Smyth (Deputy City Attorney} discussed the Ralph M. Brown Act and its purpose. Ms. Smyth stated that the Commission is a legislative body, and any decisions made by the Commission, is open to the public. Ms. Smyth also talked about how the Brown Act defines meetings. She also went on to say that if a majority of members are in the same room and merely listening to a discussion of agency business it is a Brown Act meeting, and must be noticed ta the public. Ms. Smyth discussed Open Meeting process, definition of Legislative Bodies, Exceptions to rules, purpose of having an Agenda, Miscellaneaus Procedural Matters, Penalties for not noticing the meeting, Special Meetings, Closed Session, and Serial Meetings. Ms. Smyth defined Serial Meetings and stated that they are prohibited, which means that individual contacts between members of the board or commission to discuss ideas or exchange information on a subject is prohibited. In addition, staff is prohibited from individually contacting members to share ideas amang the majority. Parks and Recreation Commission April 17, 2003 Page 2 Commissioner Salcido asked if three or two members could meet and discuss an item. Ms, Smyth responded that this would be a violation of the Act because the Act prohibits appointed m~mbers from gathering and discussing Commission or Board items. However, if the Commission appoints members of the Commission to serve on an ad-hoc Committee then this would be approved, because those Commission members wauld then have to report back to the Commission (i.e., Strategic Plan Committee). Commissioner Salcido stated that a few Commission members wanted to visit one of the park developments, and discuss issues pertaining to the park development. Ms, Smyth responded that this would be a violation of the Brown Act. However, field trips are allowed, but must be properly noticed to the public. Ms, Smyth stated that the Chair is allowed to discuss the Agenda with staff, because that is routine administrative work. Chair Perondi asked for clarification on change of venue of a meeting. Ms. Smyth responded that a 72-hour notice would be required. However, if a meeting is properly noticed, and at that meeting it is determined that a larger venue is required, then, the Chair must past signs stating the new location of the meeting. Commissioner Rios asked if Commissioners could attend Public Workshops that would affect the Commission directly? Ms. Smyth stated that commissioners could attend, but should not discuss Recreation Commission business. Chair Perondi asked if the Commission could develop a sub-committee and attend meetings and report back to the Commission (i.e., Bayfront Meetingsl? Ms. Smyth responded that she thought they could attend, but would get back to the Commission. b. Master Plan for Village 6 Neighborhood Park and name of the park - Mr. Krizan {Landscape Architect} briefly discussed the location of the Village 6 Neighborhood Park, and stated this is a 7-acre public neighborhood park site in the Otay Ranch Village Six subdivision. In addition, this park is being developed as a turnkey park, built by the Otay Ranch Company for the City of Chula Vista. Mr. Krizan introduced Mr. Tim Jachlewski, of Van Dyke LLP to discuss the Master Plan in detail, and Bill Karrach of Architect RNP to discuss the design of the Comfort Station. Mr. Jachlewski (Principal of Van Dyke LLP) informed the Commission that the park site is surraunded by multi-use site to the north and future trolley station, and future elementary school to the south. The design elements include: Basketball Courts (2), Children's Play Areas (2), Circulation (paved pathway looping the park), Comfort Station, Lawn Terraces (overlook area~, Low maintenance landscape design, Field (1), Parking (36 on-site spaces), Picnic areas groups /2), Picnic facilities individual /7), Softball field (1), Storage, Skateboard and Roller-skate Play area, and Tennis Court (1). Then entrance of the park has an alley of trees to meet the SPA specifications to keep with the French flair. The Park is divided into two type of use Porks and Recreation Commission April 17, 2003 Page categories 1) upper podion of the park where the tot-lot and picnic areas are located, and 2) lower podion of the park for spods play. The park also has wind chimes to give the park, sound. Small seating area has lawn treads that give character to the park; in addition, the treads are compatible with the. City's maintenance equipment. Sun garden is a quiet area with benches and foliage. Park is compliant with the Americans with Disability Act (ADA). Cable style walls, pavers, and slate wails will be utilized to keep with the French flair. Low plant water usage will be utilized. Park lighting will include, courts, pathways, and parking lots. Cost of the park is within the budget. Mr. Karrach discussed the Comfort Station, and stated the building design is to keep with Country French flair with stone veneer)slate materials. It will have steeper roof, utilize composite material for natural light and promote natural ventilation. Commissioner Rude asked if kids would be able to climb the wind-chime. Mr. Jachlewski responded that the chimes would be built so that kids would not be able to climb them. Commissioner Rude asked if there was a jogging/walking trail and benches/seating in the park. Mr. Jachlewski responded that there was a trail around the park, and benches were placed throughout the park. Commissioner Salcido inquired if picnic facilities were available, and if off-street parking was also allowed. Mr. Jachlewski responded that there were 2 large picnic areas, and 7 single areas. Mr. Krizan responded that off-street parking was available on View Parkway and Magdalena Avenue. Commissioner Salcido asked about lighting for the softball fields and open playfields. Mr. Krizan (Landscape Architect) responded that the courts are lit, and the fields are not lit per the Parks and Recreation Master Plan (MP) that designates that neighborhood parks that are not programmed for league use are not required to be lit. Commissioner Strehl asked if there were dog deposit stations throughout the park, and stated that he is concerned with the wind-chimes and kids using them as a climbing apparatus. In addition, is also concerned with the fields not being lit, and feels this will attract undesirable activity to the park. Mr. Jachlewski responded that 3 dog deposit components were in place, and lighting is in place along the pathways. Discussion held on not enough lighting throughout the park, in the tree-line area and baseball fields, and the need for lighting for security purposes to keep undesirable activity out of the park (all night). Ms. Hofmockel (Principal Landscape Architect) informed the Commission that the Crime Prevention Specialist of the Police Department was given an opportunity to review the Master Plan, and he felt that sufficient lighting was in place in the park. Mr. Byers (Director of Pubfic Works Operations) informed the Commission that parks are not lit all night. Lights are turned off at 10:00 p.m. Parks and Recreation Commission April 17, 2003 Page 4 MSC (Ramos/Rios) (4-1-1-1) (Weidner absent, Strahi opposed, and Salcido abstained) to approve the Master Plan for Village 6 Neighborhood Park to include security lighting in center of park and ensure lighting is well thought-out to prevent potential problems and wind-chimes should be vandal proof or consider removing. MSC (Rios/Rude) (6-0-0-1) (Weidner absent) to name Village 6 Neighborhood Park "Magdalena Park". Chair Perondi stated that he is pleased with the park design and the informal skate component of the park, and appreciates staff's efforts. Commissioner Strahl stated that he is hopeful that in the future, more lighted facilities will be built (for kids in the community, particularly in multi-family dwellings), and maybe downscaling the landscape to accommodate lighting. Ms. Hofmockel (Principal Landscape Architect) responded that in order to accommodate additional lighting, tennis and basketball court elements would be removed. Mr. Byers informed the Commission that every field that is lit is usually programmed. He further stated that there is going to be a need to facilitate or patrol fields that are lit that are not programmed for play. Chair Perondi requested that for the May meeting, lighting policy discussion would need fo take place, and also requested that this topic is placed on the agenda. He also requested that future master plans include park alternatives with lighting and with out lighting, and the cost associated with this. c. Consideration of proposed Parks and Recreation Commission Budget for FY 03/04. Ms. Stokes (Assistant Director of Recreation) discussed the Parks and Recreation Commission budget, and discussed each item in detail. 3 b. Consideration of changes to hours of operations of Recreation Facilities FY 03 / 04 Ms. Stokes {Assistant Director of Recreation} informed the Commission about the proposed changes to hours of operations at Recreation Facilities. Ms. Stokes stated that due to the State's budget cuts; all City departments were asked to look at revenue enhancements and/or expenditure reductions for the upcoming FY 2003-04 budget. The proposed FY 2003-04 budget for the Recreation Department is $4,2456.445. Through proposed new classes and rentals, proposed increases in fees for classes, and athletics, the department would be able to meet a target figure of ,$245,523. Ms. Stokes also discussed current hours of operations for the facilities. Currently, all of the Recreation facilities are open seven days per week, with varying times depending on the day and season and facility. All of the facilities are closed on major holidays, such as Thanksgiving, New Year's Day, Christmas, etc. Ms. Stokes discussed the proposals for Otay Recreation Center, Heritage Center, Parkway Gymnasium, Norman Park Center, Loma Verde Center, and the Youth Center. Otay, Heritage Park Center, Norman Park Center, Loma Verde Center, Youth Center would close during the Thanksgiving weekend due to Iow attendance during this time frame. Parks and Recreation Commission April 17, 2003 Page $ Heritage Park Center, Loma Verde Center, and Youth Center would close during the winter holidays (December 24 - January 4, for FY 03 - 04) due to lack of attendance. Norman Park Center would be open on a reduced schedule during this time frame. Loma Verde Pool will eliminate morning lap to accommodate high school swim or water polo teams based on high demand for pool time. Parkway Pool will keep only one morning lap swim. Unfinished Business - Commissioner Strahl requested that Rahr Park Master Plan update that he requested be placed an the May Agenda as an Action Item so that the Commission can reray a recommendation to the City Council New Business - Hone Written Communication - None Commission Comments - Commissioner Ramos requested a status update on the Master Plan far Otay Park that includes the replacement of the restrooms and BBQs. Mr. Campbell IDirectar of Building and Park Construction) responded that the City is out to bid for the replacement of the restroams. Commissioner Strahl informed the Commission that the General Plan Update meetings that he was nominated to attend are held on the 3r'~ Thursday of the month, so he has been unable to attend those meetings. Mr. Martin {Director of Recreation) stated that he would contact Ed Batchelder of the Planning Department. Chair Perondi stated that he would like to know the Commission's and or the Recreation Department's role in the Bayfront Development process, and requested an update from staff an the Bayfront Project. Mr. Martin (Director of Recreatianl responded that he does not have information on the process. Commissioner Salcido requested a status update Otay Valley Regional Park, and requested a copy of the concept plan. Ms. Hofmockel {Principal Landscape Architect} responded that she is currently part of the team and briefly discussed the conceptual plan document and the joint effort between the City, County, and City of San Diego. Ms. Hofmockel stated that she wourd provide at the May meeting, a copy of the conceptual plan for information purposes. Staff Comments - a. Recreation Monthly Reports - Mr. Martin (Director of Recreation) informed the Commission that he would include in future packets, a monthly Recreation Department staff report. Parks and Recreation Commission April 17, 2003 Page Mr. Byers (Director of Public Works Operations) informed the Commission that Public Works Operations crew resurfaced Parkway Gym parking lot, re-sealed and re-striped Discovery Park parking lot, and Loma Verde Center parking lot, which was ovedaid because it was in deplorable shape. Meeting adjourned at 8:30 p.m. to next the meeting of May 15, 2003 in the Mercy Conference Room. Submitted by: Margarita Cellano Recreation Department 00~ ~ ~ < m qmmzz ~I -IB ~z O~ ~-! -/5' / ~ / ~ / ? I//////..*/ / / / / 0 F~ il -IF m m H 0 < Z 0 Z 0 H 0 0 0 0 0 Otay Ranch Village 6 Neighborhood Park Final Draft Master Plan Opinion of Probable Construction Costs - Summary Prepared by Van Dyke LLP Total park Bud~let per City of Chula ~ste Item Description 1.00 ParkHardCosts 1.01 Traffic Control / Sur~ey Staking 1.02 Demolition 1.03 Grading & Drainage 1.04 Utilities 1.05 Buildings/Structures 1 06 Lighting & Etectdcal 1~07 Paving & Concrete' Sub-Total $6,500 $132,670 $116,444 $215,061 $222,428 $201,413 $104,499 $14,365 $20,036 $52,015 $32,499 $314,083 $250,036 $9.125 $47,378 notincluded-developerfundingresponsibili~ $16,223 notincluded-developerfundingresponsibili~ Park HardCostSub. Tota~ 201 Mobilization 0.03 2,02 Design Fees/Survey 0.10 % 2.03 Fees and Permits 0 02 2.04 Bonds 0,01 2.05 Staff Services 0.06 % 2.06 Landscape Maintenance 0.06 % 207 Contingencies 0.10 % 0,38 % Park Soft Costs Total: May 5, 2003 Total $1,694,278 $50,828 $169,428 $33,886 $16,943 $101,657 $101,657 $169,428 $643,626 $2,342,500 $2,338,104 $4,396 019% RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL DRAFT PARK MASTER PLAN FOR THE PROPOSED PUBLIC PARK 1N THE OTAY RANCH VILLAGE SIX SUBDIVISION WHEREAS, in January of 2002, the City Council approved the Specific Planning Area (SPA) for Village Six in the Otay Ranch; and WHEREAS, the Village Six master plarmed subdivision consists ofa predominately residential environment with 2,232 dwelling units, including two community purpose facilities sites two school sites, a commercial site and a seven-acre neighborhood park; and WHEREAS, the Parks and Recreation Department conducted a recreational needs analysis as a basis for the City of Chula Vista Parks & Recreation Master Plan (PRMP). WHEREAS, the program was further refined with technical input from City staff, including the Landscape Architecture Division, Recreation Department staff, Public Works Operations staff and the consultant Landscape Architect and resulted in a Final Draf~ Master Plan for the proposed public park in Village Six. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Final Draft Park Master Plan for the proposed public park in the Otay Ranch Village Six subdivision. Presented by Approved as to form by Andy Campbell Director of Building and Parks Construction Ann Moo~ City Attorney J:\attorney\reso\Village Six Public Park