HomeMy WebLinkAboutAgenda Packet 2003/06/10 CITY COUNCIL AGENDA
June 10, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHUI. A VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
June 10,2003
I declare under penalty of pe~ury that I am
employed by the City of Chuta Vilta In the
O"ice of the City Clerk and that I polted thl,
document on the bulletin ~d 8QCOrding 10
Brown Act requiremenll. .
AGENDA Dated~8Igned~
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 JACK COLBOURN, SENIOR POLICY ADVISOR IN THE AIR
DIVISION OF REGION 9 OF THE ENVIRONMENTAL PROTECTION AGENCY,
OF A CLIMATE PROTECTION AWARD TO THE CITY OF CHULA VISTA
CONSENT CALENDAR
(Items 1 through 12)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, . without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of May 22, May 27, May 29, and June 3, 2003.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE ACTIONS OF THE DIRECTOR OF ENGINEERING AND
APPROVING CHANGE ORDER NO.6 FOR THE SALT CREEK TRUNK SEWER,
PHASE IV (PROJECT SW-219)
On October 8, 2002, Council awarded a contract to Don Kelly Construction, Inc., for
construction of phase IV of the Salt Creek Gravity Sewer Interceptor. This phase of work
is within the environmentally sensitive Salt Creek corridor, south of Olympic Parkway.
As part of the construction contract, the contractor was required to obtain a Groundwater
Dewatering Permit from the Regional Water Quality Control Board (RWQCB). The
contractor obtained said permit, but, due to poor groundwater quality, was required by the
R WQCB to pre-treat the groundwater prior to discharging to the surface of Salt Creek. In
order to complete the sewer pipeline construction within the timeframes specified by the
project's environmental permits and to avoid potentially costly contract delays, it was
necessary for the Director of Engineering to authorize the contractor to proceed with pre-
treatment. Adoption of the resolution ratifies the Director of Engineering's actions and
approves Change Order No. 6 in the amount of $88,463.75 for pre-treatment of
groundwater prior to surface water discharge. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 3 FOR THE TELEGRAPH CANYON CREEK
MITIGATION PLAN 1N THE OTAY RIVER IN SAN DIEGO, CALIFORNIA
(PROJECT DR-118B) AND AUTHORIZING THE DIRECTOR OF ENGINEERING
TO EXECUTE SAiD CHANGE ORDER ON BEHALF OF THE CITY
On September 26, 2000, Council awarded a contract to Shiva Construction, Inc. for this
project. The work was substantially completed in April 2001. The contractor was
required to maintain plantings for a period of one year thereafter. However, due to
vandalism and high plant mortality in some areas, the contractor performed a second year
of maintenance. The City's Resoume Agency Permits require a minimum maintenance
and establishment period of five years. Proposed Change Order No. 3, in the amount of
$46,180, extends the contract with Shiva Construction, Inc. to cover the remaining three-
year maintenance and establishment period. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ]ENGINEER'S REPORTS FOR THE FISCAL YEAR 2003/2004
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 1 THROUGH 9, 15,
17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE
MAINTENANCE DISTRICTS, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS, AND SETTING JULY 22, 2003 AT 6:00 P.M. AS THE
DATE AND TIME FOR A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
The City administers approximately 25 Open Space Districts established over the last
thirty years. The Districts provide the mechanism to finance the maintenance of common
Open Space areas (canyons, trails, medians, etc.) associated with and benefiting from that
particular development. As part of this process, a levy of an annual assessment is
necessary to enable the City to collect funds for ongoing and proposed Open Space
maintenance. The City Engineer has prepared and filed reports on assessments for all
existing Open Space Districts. Adoption of the resolution approves the reports and sets
the date and time for a public heating to consider the levy of assessments and the
collection of funds. (Director o f Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF TH]E CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2003/2004
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 10, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING JULY 22,
2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEAR1NG
REGARDING THESE ASSESSMENTS
Page 2 - CouncilAgenda 06/10/03
This is one of four companion agenda items to agenda item no. 4, which gives all
background information and details on Open Space Districts in general that is applicable
to this item, but does not include specific information on Open Space Districts 10, 11 and
14 and Eastlake Maintenance District no. 1. Based upon the advice of the City Attorney,
agenda item nos. 5, 6, 7, and 8 have been separated from agenda item no. 4 due to
conflict of interest concerns. One Councilmember owns property subject to the proposed
assessment in this District. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2003/2004
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 11, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETT1NG JULY 22,
2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING
REGARDING THESE ASSESSMENTS
This is one of four companion agenda items to agenda item no. 4, which gives all
background information and details on Open Space Districts in general that is applicable
to this item, but does not include specific information on Open Space Districts 10, 11 and
14 and Eastlake Maintenance District no. 1. Based upon the advice of the City Attorney,
agenda item nos. 5, 6, 7, and 8 have been separated from agenda item no. 4 due to
conflict of interest concerns. One Councilmember owns property subject to the proposed
assessment in this District. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2003/2004
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 14, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JULY 22,
2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARINGS
REGARDING THESE ASSESSMENTS
This is one of four companion agenda items to agenda item no. 4, which gives all
background information and details on Open Space Districts in general that is applicable
to this item, but does not include specific information on Open Space Districts 10, 11 and
14 and Eastlake Maintenance District #1. Based upon the advice of the City Attorney,
agenda item nos. 5, 6, 7 and 8 have been separated from agenda item no. 4 due to conflict
of interest concerns. One Councilmember owns property subject to the proposed
assessment in this District. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGiNEER'S REPORT FOR THE FY 2003/2004 SPREAD OF
ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO. 1, DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTiNG JULY
22, 2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING
REGARDiNG THESE ASSESSMENTS
Page 3 - Cotmcil Agenda 06/10/03
This is one of four companion agenda items to agenda item no. 4, which gives all
background information and details on Open Space Districts in general that is applicable
to this item, but does not include specific information on Open Space Districts 10, 11 and
14 and Eastlake Maintenance District #1. Based upon the advice of the City Attorney,
agenda item nos. 5, 6, 7, and 8 have been separated from agenda item no. 4 due to
conflict of interest concerns. One Council member owns property subject to the proposed
assessment in this District. (Director o f Engineering)
Staff recommendation: Council adopt the resolution.
9A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 07-M (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 NO. 2 OF SUCH COMMUNITY
FACILITIES DISTRICT
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2867 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY
FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS, VISTAS AND LAND
SWAP) PURSUANT TO A REVISED RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY AREA
TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07-M
(EASTLAKE -.WOODS, VISTA AND LAND SWAP) AND DESIGNATED AS
IMPROVEMENT AREA NO. 2 THERETO
On April 15, 2003 the City Council initiated the Community Facilities District No. 07-M,
Improvement Area No. 2 (CFD 07-M, IA No. 2) change and modification proceedings
and the annexation proceedings. Adoption of the resolutions and ordinance concludes the
formal proceedings to modify the special tax rates for CFD 07-M, IA No. 2 and to annex
territory into CFD No. 07-M, IA No. 2. Special Taxes levied within CFD 07-M will fund
the perpetual operation and maintenance of slopes, medians and parkways and storm
water treatment facilities associated with 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.
(Director of Engineering)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolutions.
Page 4 - Council Agenda 06/10/03
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TWO FINAL "B" MAPS OF CHULA VISTA TRACT NO. 02-05, OTAY
RANCH VILLAGE SIX, iNCLUDING ONE FINAL MAP FOR NEIGHBORHOODS
R-2A UNIT 2 AND R-2B UNIT 2, AND ONE FINAL MAP FOR NEIGHBORHOODS
R-9A UNIT 2 AND R-9D, ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENTS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISION, ACKNOWLEDGING THE IRREVOCABLE OFFER OF
DEDICATION FOR OPEN SPACE, APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TWO FiNAL "B" MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENTS FOR CHULA VISTA TRACT NO. 02-05, OTAY
RANCH VILLAGE SIX, NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2, AND
FOR NEIGHBORHOODS R-9A UNIT 2 AND R-9D AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
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, the City Council
approved Village Six "A" Map Units 1 and 2. Adoption of the resolutions approves the
Final "B" Maps for Otay Ranch Village Six, Neighborhoods R-2A Unit 2 and R-2B Unit
2, and Neighborhoods R-9A Unit 2 and R-9D, the Subdivision Improvement Agreements,
and Supplemental Subdivision Improvement Agreements. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING OTAY PROJECT, LP TO CONSTRUCT THE ELIGIBLE
PEDESTRIAN BRIDGE BETWEEN OTAY RANCH VILLAGES 5 AND 6, AND
AUTHORIZING THE DIRECTOR OF ENGINEERING TO SIGN A DEVELOPMENT
IMPACT FEE AGREEMENT WITH THE OTAY PROJECT, LP
The Director of Engineering has received a letter from the Otay Project, LP, requesting
authorization to construct a pedestrian bridge that is eligible for funding by the Otay
Ranch Pedestrian Bridge Development Impact Fee (DIF) in return for reimbursement
and/or credit against the Pedestrian Bridge DIF. Ordinance No. 2892 currently requires
developers to follow an established procedure, which includes completion of the bridge
in order to obtain credit for privately financed Pedestrian Bridge DIF-eligible projects.
Adoption of the resolution authorizes the developer to construct the pedestrian bridge
between Village 5 and 6 of the Otay Ranch and allows the developer to receive
immediate credit against the payment of Pedestrian Bridge DIF in a manner consistent
with established City practice and adopted ordinance for transportation projects.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda 06/10/03
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
URGING THE CALIFORNIA BUILDiNG STANDARDS COMMISSION TO ADOPT
THE iNTERNATIONAL BUILDING CODE, iNTERNATIONAL RESIDENTIAL
CODE AND INTERNATIONAL FIRE CODE, AS PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL, AS THE STATE BUILDING AND FIRE
CODES FOR CALIFORNIA
California is considering adopting new building and fire codes. Staffs from the Building
Division and the Fire Department have reviewed the arguments supporting the competing
building and fire codes and determined that the International Building, International
Residential and International Fire Codes, as published by the International Code Council,
represent the best choice for the City of Chula Vista and the State of California.
Adoption of these codes will be much less disruptive to government enforcement
operations and will be embraced by the construction industry. This resolution will advise
the Building Standards Commission and the Governor's Office of Chula Vista's position
regarding adoption of the building and fire codes in California. (Director of Planning and
Building, Fire Chief)
Staff recommendation: Council adopt the resolution.
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 tala'ng 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 l~EARINGS
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.
13. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY ON
PORTIONS OF ASSESSORS PARCEL NUMBERS (APN) 624-100-13, 624-100-14,
624-100-15,624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-210-11,624-210-12,
624-210-13, 624-210-16, 624-210-17, 624-210-20, & 624-210-28 FOR
CONSTRUCTION OF 1-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY
INTERCHANGE IMPROVEMENT (PROJECT STM-328)
The interchange at 1-805/East Orange Avenue/Olympic Parkway is proposed to be
widened to accommodate additional lanes on the bridge deck and approaches between
Melrose Avenue and just east of Oleander Avenue. Additional items of work include
ramp widening, auxiliary lanes and the construction of sound barriers consisting of sound
walls and earthen sound berms. This facility will ultimately provide the roadway
capacity needed in the area and will serve both the westerly and easterly portions of the
City. (Director of Engineering)
Page 6 - CouncilAgenda 06/10/03
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WiTH LINDA BARTZ & ASSOCIATES,
FOR CONDEMNATION PROCEEDINGS RELATED TO PROJECT NO. STM-
328
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION
AND IMMEDIATE POSSESSION OF A PORTION OF ASSESSOR PARCEL
NUMBERS (APN) 624-100-13, 624-100-14, 624-100-15, 624-100-16, 624-210-
08, 624-210-09, 624-210-10, 624-210-11, 624-210-12, 624-210-13, 624-210-16,
624-210-17, 624-210-20, AND 624-210-28, FOR THE SOUND WALLS AND
APPURTENANCES THERETO, FOR 1-805/EAST ORANGE
AVENUE/OLYMPIC PARKWAY INTERCHANGE IMPROVEMENT
PROJECT (CIP/STM 328), AND AUTHORIZING THE COMMENCEMENT
OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO
ACQUIRE SAID PROPERTIES IN THE MANNER PROVIDED BY LAW
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A UTILITY AGREEMENT WITH SBC (PACIFIC BELL) FOR
UTILITIES RELATED TO PROJECT NO. STM-328, AND AUTHORIZING
THE CITY ENGINEER AND CITY ATTORNEY TO EXECUTE SAID
AGREEMENT
ACTION ITEMS
The items listed in this section of the agenda will be consklered 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.
14. CONSIDERATION OF ADOPTION OF A RESOLUTION ADOPTING THE CITY OF
CHULA VISTA AIR QUALITY IMPROVEMENT PLAN GUIDELINES
The City completed an air quality and energy conservation pilot study of three sectional
planning area plan projects in August 2002. Staff was directed to draft guidelines for
future air quality improvement plans using the information contained in the pilot study
and report. Proposed guidelines for the preparation of the plans as required by the
Growth Management Ordinance have been completed. (Director of Planning and
Building)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA AIR QUALITY IMPROVEMENT
PLAN GUIDELINES
Page 7 - Council Agenda 06/10/03
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
16. MAYOR'S REPORTS
A. Ratification o£ appointment to the Housing Advisory Commission - Gustavo
Bidart.
B. Ratification of appointment to the Charter Review Commission - Humberto
Peraza, Jr.
17. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's o/flee in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(Pertaining to Public Rights of Way throughout the City of Chula
Vista)
Agency negotiators: David Rowlands, Jr., Sid Moms, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista, San Diego Gas & Electric
Under Negotiation: Price and Terms of Payment
19. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE 54956.8
Property: Brandywine Classics, Common Area Lots 1-4 of Chula Vista
Tract No 82-3
Agency Negotiators: Ann Moore, Linda Bartz, Harry Burrowes, George Krempl
Negotiating parties: Ann Moore, Linda Bartz, Harry Burrowes, George Krempl and
Ludlow Keeney
Under Negotiation: Price and Terms
Page 8 - Council Agenda 06/10/03
20. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (e)
Two cases
ADJOURNMENT to an Adjourned Regular Meeting on June 11, 2003, at 4:00 p.m. at the
Corporation Yard, thence to an Adjourned Regular Meeting on June 12,
2003, at 4:00 p.m. at the Corporation Yard, and thence to the Regular
Meeting of June 17, 2003, at 6:00 p.m. in the Council Chambers.
Page 9 - CouncilAgenda 06/10/03
COUNCIL AGENDA STATEMENT
Item ~L
Meeting Date 6/10/03
ITEM TITLE: Resolution Ratifying the Actions of the Director of
Engineering and Approving Change Order No. 6 for the "Salt Creek
Trunk Sewer, Phase IV (SW-219)" Project
SUBMITTED BY: Director of Engineeringt~j?
REVIEWED BY: City Manager pf~ (4/Sths Vote: Yes No X )
On October 8, 2002, the City Council approved Resolution No. 2002-385 awarding a contract
in the amount of $2,769,059 to Don Kelly Construction, Inc., for construction of "Phase IV
of the Salt Creek Gravity Sewer Interceptor (SW-219)". This phase of work is within the
environmentally sensitive Salt Creek corridor south of Olympic Parkway.
As part of the construction contract, the contractor was required to obtain a Groundwater
Dewatering Permit from the Regional Water Quality Control Board (RWQCB). The
contractor obtained said permit, but, due to poor groundwater quality, was required by the
RWQCB to pre-treat the groundwater prior to discharging to the surface of Salt Creek. In
order to complete the sewer pipeline construction within the timeframes specified by the
project's environmental permits and to avoid potentially costly contract delays, it was
necessary for the Director of Engineering to authorize the contractor to proceed with pre-
treatment.
The proposed resolution would ratify the Director of Engineering's actions and approve
Change Order No. 6 in the amount of $88,463.75 relating to pre-treatment of groundwater
prior to surface water discharge.
RECO1VIMENDATION: That Council approve the resolution ratifying the actions of the
Director of Engineering and approving Change Order No. 6 for the "Salt Creek Trunk Sewer,
Phase IV (SW-219)" Project
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The contract documents for Phase 4 of the Salt Creek Interceptor Sewer project included
provisions requiring the contractor to obtain a groundwater dewatering permit from the
RWQCB prior to discharging groundwater to the surface of Salt Creek. In order to process
said permit, the RWQCB required the contractor to submit groundwater quality sample
analyses, which indicated that pre-treatment of the groundwater would be necessary prior to
Page 2, Item ~
Meeting Date 6/10/03
discharge to the surface of Salt Creek. Pre-treatment of groundwater was not anticipated in the
contract documents and is a changed condition warranting additional compensation to the
contractor. Prior to proceeding with the work, the contractor submitted a proposal for
approximately $125,000 for pre-treatment and associated testing required by the RWQCB's
permit. The contractor was authorized by the Director of Engineering to proceed with the
work as expeditiously as possible in order to assure completion of the pipeline work within the
timeframes specified in the project's environmental permits and to avoid potentially costly
contract delays. The actual cost for pre-treatment of groundwater and associated testing is
$88,463.75.
The proposed resolution would ratify the Director of Engineering's actions and approve
Change Order No. 6.
FISCAL IMPACT: Sufficient funds are available in the Phase 4 contract contingency balance
as authorized by City Council Resolution No. 2002-385 to cover the cost of Change Order No.
6.
Attachment: Change Order No. 6
J:\Engineer\AGENDA\SW-219 Ph4 CCO6.113.doc
CHULAVISTA
DEPARTMENT OF ENGINEERING
CHANGE ORDER NO. 6 May 1, 2003
0735-10-SW219
CONTRACT: SALT CREEK SEWER INTERCEPTOR, REACH 3 AND 4 PHASE 13/
CONTRACTER: DON KELLY CONSTRUCT[ON, INC
The following changes shall be made to the referenced contract
between the CITY OF CHULA WSTA and DON KELLY CONSTRUCTION
COMPANY, INC. (Contractor):
1. Dewatering Treatment of Salt Creek as 5 DAYS@$ =$ 75,000.00
Required by the Regional Water Board 15,000.00 a
Permit Due to poor groundwater Quality. day
2. Final set of Chronic NPDES bioassays LUMP SUM =$ 1,925.00
and Bacteriology samples
3. Overhead and Profit @ 15 % LUMP SUM =$ 11,538.75
TOTAL PieCE: $ 88,463.75
This contract change order will add 0 working days to contract.
The agreed upon total price includes all costs for furnishing all tools, labor,
materials, equipment, incidental costs, and fees from performing the work in this
contract change and no additional compensation will be due. It is agreed by the
undersigned that this work shall be performed and materials furnished in
accordance with the original (base) contract, Green Book specifications and
applicable standard drawings.
ORZGI*NAL CONTRACT PRICE: $2,769,059.00
PREVI'OUS CHANGE ORDERS: $43f849.80
THZS CHANGE ORDER: $88~463.75
TOT. AL CONTRACT PRICE: ~' $2,901,372.55
ORDERED BY: BY: APPROVED BY:
K]RK P.AMMERMAN DON KELLY CI TFFORD L. SWANSON
Deputy Dir. of Engineering Don Kelly Construction Director of Engineering
For written replies, respond to: [] 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
[] 1800 MAXWELL ROAD / CHULA VISTA, CALIFORNIA 91911-6158 / (619) 691-5021
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE ACTION OF THE DIRECTOR OF ENGINEERING,
APPROVING CHANGE ORDER NO. 6 FOR THE "SALT CREEK TRUCK
SEWER, PHASE IV" (SW-219)' PROJECT
WHEREAS, on October 8, 2002, the City Council approved Resolution No. 2002-385
awarding a contract in the amount of $2,769,059 to Don Kelly Construction, Inc., for the construction
of"Phase 1V of the Salt Creek Gravity Sewer Interceptor (SW-219)"; and
WHEREAS, the proposed resolution would ratify the Director of Engineering's actions and
approve Cbange Order No. 6, in the amount of $88,463.75 relating to pre-treatment of groundwater
prior to sm'face water discharge.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby ratify the actions of the Director of Engineering and approve Change Order No. 6 for the
"Salt Creek Truck Sewer, Phase IV "(SW-219) Project.
BE IT FURTHER RESOLVED that the Director of Engineering of the City of Chula Vista is
hereby authorized and directed to execute said change order on behalf of the City of Chula Vista.
Presented by Approved as to form by
Cliflbrd T. Swanson AT~n Moord//
Director of Engineering City Attorney
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/10/03
ITEM TITLE: Resolution Approving Change Order No. 3 for the
"Telegraph Canyon Creek Mitigation Plan in the Otay River in San
Diego, California (DR-118B)" Project and Authorizing the Director of
Engineering to Execute Said Change Order on Behalf of the City
SUBMITTED BY: Director of Engineering,~o~
REVIEWED BY: City Manage ~i~ (4/Sths Vote: Yes No X )
On September 26, 2000, the City Council approved Resolution No. 2000-329 awarding a
contract in the amount of $194,746, plus contingencies of $20,000, to Shiva Construction, Inc.
for the "Telegraph Canyon Creek Mitigation Plan in the Otay River in San Diego, California
(DR-118B)" Project. Contract work was substantially completed in April 2001. The
contractor was required to maintain plantings for a period of one year thereafter. However,
due to vandalism and high plant mortality in some areas, the contractor performed a second
year of maintenance. The City's Resource Agency Permits require a minimum maintenance
and establishment period of five years. Proposed Change Order No. 3, in the amount of
$46,180, would extend the contract with Shiva Construction, Inc. to cover the remaining three-
year maintenance and establishment period.
RECOMMENDATION: That Council approve the resolution approving Change Order No. 3
for CIP Project No. DR-118B, "Telegraph Canyon Creek Mitigation Plan in the Otay River in
San Diego, California" and authorizing the Director of Engineering to Execute said Change
Order on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is required mitigation for improvement work within the Telegraph Canyon
Channel. The Resource Agency Permits for this improvement work required the
implementation of several mitigation measures, one of which was the purchase of a piece of
land that would be replanted to mitigate the impacts of the Telegraph Canyon Channel
improvements on native vegetation. The approved site is a 20-acre City-owned parcel in the
Otay River Valley within the City of San Diego. On this site, the City has created willow
riparian wetland habitat and restored two (2) acres of existing disturbed wetlands.
The contractor, Shiva Construction, Inc., has fulfilled its obligations under the contract
awarded by City Council Resolution No. 2000-329. However, the City's mitigation
Page 2, Item 3
Meeting Date 6/10/03
monitoring consultant, Merkel and Associates, has indicated that, even though the mitigation
site is doing well, it has not met two-year expectations for a fully viable wetland habitat after
five years. As a result, it is necessary to place additional plant materials. Proposed Change
Order No. 3 includes this additional planting, maintenance costs for three more years and a
$10,000 contingency for additional planting, if necessary to assure viability and to satisfy the
five-year establishment criteria. Staff has determined that the contractor's price for said work
is reasonable and cost-effective and that it would be prudent to utilize Shiva Construction, Inc.
for the remaining portion of the five-year maintenance and establishment period due to the
contractor's satisfactory performance and unique knowledge of the site.
FISCAL IMPACT: Sufficient funds are available in the project account balance to cover the
cost of Change Order No. 3.
Attachment: Proposed Change Order No. 3
J:\Engineer\AGENDA\DR 118B-CCO3.113.doc ~_~
CITY Of
CHULAVISTA
DEPARTMENT OF ENGINEERING
CHANGE ORDER NO. 3 May 20, 2003
0735-10-DR~I 18B
CONTRACT: Telegraph Canyon Creek Mitigation Plan in the City of San Diego, CA
CONTRACTOR: Shiva Construction, Inc.
The following changes shall be made to the above-referenced contract between the CITY OF CHULA VISTA
and SHIVA CONSTRUCTION, INC. (Contractor):
~ESTIMATED ADJUSTMENT OF COMPENSATION AT AGREED UNIT PRICE:
Compensate the Contractor for the following additional items of work this contract.
· 340 Cuttings @ $7.00/EA $ 2,380
· 100 1 Gal Plants @ $8.00/EA $ 800
· Seeding @ Lump Sum $ 900
· Initial Clearing & Cleaning @ Lump Sum $ 1,500
· 3rd Year Maintenance@ $1,000/MO $12,000
· 4~h Year Maintenance @ $ 850/MO $10,200
· 5th Year Maintenance @ $ 700/MO $ 8,400
Subtotal $ 36,180
Contingencies $10,000
ESTIMATED TOTAL, CCO NO. 3 $ 46,180
The adjustment of contract time for this change order will be DEFERRED.
ORIGINAL CONTRACT PRICE: $194,746
PREVIOUS CHANGE ORDERS/QUANTITYADJUSTMENTS: $ 15,490
CHANGE ORDER NO. 3: $ 467180
REVISED TOTAL CONTRACT PRICE: $256,416
The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment,
incidental costs, profit and fees for performing the work in this contract change and no additional compenSation
will be due. It is agreed by the undersigned that this work shall be performed and materials fumished in
accordance with the original contract, Green Book speci~c~ions, new y prov ded plans and specifications, and
applicable standard drawings. ~,,__ [\~, ~
ORDEREb mY A~E~PTE~I BY ~-" ~ ~-
KIRK P. AMMERMAN SHAHRAM ELIHU CLIFFORD L. SWANSON
Deputy Dir. of Engineering Shiva Construction, Inc. Director of Engineering
J:\Engineer\tNSPECT\CHG_ORD\D R- 118B_CCO3.doc
For written replies, respond to:
[] 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
~ 1800 MAXWELL ROAD / CHULA VISTA, CALIFORNIA 91911-6158 / (619) 691-5021
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 3 FOR THE "TELEGRAPH CANYON
CREEK MITIGATION PLAN IN TH OTAY RIVER 1N SAN DIEGO,
CALIFORNIA (DR-118B)" PROJECT AND AUTHORIZING THE DIECTOR OF
ENGINEERING TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY
WHEREAS, on September 26, 2000, the City Council approved Resolution No. 2002-329
awarding a contract in the amount of $ 194,746, plus contingencies of $20,000, to Shiva Construction,
Inc. for the "Telegraph Canyon Creek Mitigation Plan in the Otay River in San Diego, California
(DR-118B)", and
WHEREAS, the proposed resolution would ratify the Director of Engineering's actions and
approve Change Order No. 3, in the amount of $46,180 would extend the contract with Shiva
construction, Inc. to cover the remaining three-year maintenance and establishment period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the Change Order No. 3 for the "Telegraph Canyon Creek Mitigation Plan in the
Otay River in San Diego, California (DR-118B)" Project.
BE IT FURTHER RESOLVED that the Director of Engineering of the City of Chula Vista is
hereby authorized and directed to execute said change order on behalf of the City of Chu!a Vista.
Presented by Approved as to form by
Clifford T. Swanson Ann Moore
Director of Engineering City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/10/03
ITEM TITLE: Resolution Approving the Engineer's Reports for the FY 2003/2004
spread of assessments for Open Space Districts 1 through 9, 15, 17, 18, 20, 23, 24,
26, 31 and 33, Bay Boulevard and Town Centre Maintenance Districts, declaring the
intention to levy and collect assessments and setting July 22, 2003 at 6:00 p.rm as the
date and time for a public hearing re~arding these assessments.
SUBMITTED BY: Director ofEngineering, t~/
CityManager~ ~ (4/SthsVote: Yes_No__X)
REVIEWED BY:
The City administers approximately 25 Open Space Districts established over the last thirty years. The
Districts provide the mechanism to finance the maintenance of common Open Space areas (canyons, trails,
medians, etc.) associated with and benefiting from that particular development. As part ofthis process, a levy
of an annual assessment is necessary to enable the City to collect funds for ongoing and proposed Open Space
maintenance. Tonight's action begins the process for FY 2003/2004.
The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The
above resolution approves the reports and sets the date and time for a public hearing to consider the levy of
assessments and the collection of funds.
RECOMMENDATION: That Council:
Adopt the resolution approving the reports, directing the City Clerk to publish the Resolution of
Intention pursuant to Government Code 6061, and setting the date and time oftbe public hearing on
the assessments for July 22, 2003 at 6:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for Open Space
· maintenance within the City. Table 1 contains the names and locations of the Districts. Table 2 relates the
present year's assessment to the proposed assessment and ¢ollect~le for FY 2003/2004. Following Table
2, there is general information that applies to all Districts. Each District is then analyzed individually. That is
followed by a description of the noticing that is required.
As a final note, Council should be advised that four individual agenda items containing the same information
on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District # 1 were separated from this agenda
item due to conflict of interest concerns relating to four Council Members.
Page 2, Item ~
Meeting Date 6/10/03
Background
Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also
known as the "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter
17.07--Open Space Districts, the City Engineer has prepared and filed annual reports for aH existing Open
Space Districts. The name and location of each Open Space District i~. shown in the following table.
TABLE 1
Open Space Districts Within the City of Chula Vista
OSD# Name Location
I El Rancho del Re¥ Units1-4 Bet. East H Street & Telegraph Canyon Road, east of Paseo Ranchero
2 Lark Haven South and east of Loma Verde Park
3 Rancho Robinhood Units 1 & 2 South of Allen School Lane
4 Bonita Ridge Camino Elevado north of Otay Lakes Road
5 Southba), Villas North end of Crest Drive south ore Street
6 Hilltop Vista Camino Vista Real north of Telegraph Canyon Road
7 Zenith Units 2, 3, and 4 North & south of Palomar, east ofi-805
8 Rancho Robinhood Unit 3 Surre), Drive southwest of Otay Lakes Road
9 El Rancho del Re)' Pasen del Re),, north of Telegraph Canyon Road
10 El Rencho del Re), 6, Casa del Re), Wast ofPaseo Ranchero - H & J Streets :
11 Hidden Vista Village East H Street, east of 1-805
14 Bonita Long Canyon North of East H Street - Ora), Lakes Road & Corral Canyon Road
15 Bonita Haciendas Canyon Drive, east of Ora), Lakes Road
17 Bel Air Ridge Northeast ofPaseo Ladera & East J Street
18 Rancho del Sur East end of East Naples Street
20 Rancho del Re)' North of East H Street, west of Ora), Lakes Road
23 Ora), Rio Business Park West of Heritage/Ora), Valle)' Road, somh of Ora), Rio Road
24 Canyon View Homes : Rutgers Avenue, south of East H Street
26 Park Bonita West of the intersection ore Street & Bonita Road
31 Telegraph Canyon Estates North of Ora), Lakes Road, west of SR- 125
33 Broadwa), Business Home Village West side of Broadway- J & K Streets
Ba), Boulevard Maintenance Dis~ict Ba), Boulevard - E & F Streets
Town Centre Maintenance Disltict Third Avenue - E & G Streets
These reports were prepared by the City Engineer or under his direction and are presented to Council for
approval in order to proceed with a public hearing set for July 22, 2003 at 6:00 p.m. in accordance with the
Landscaping and Lighting Act of 1972. The reports cover Districts listed in Table 1.
Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously approved,
adjusting the FY 2002/2003 assessment by an inflation factor. In each case, staffhas set the collect~le equal
or lower than the proposed assessment for each District. The language in the Engineer's Reports adopted
the City for the Open Space Districts and Section 17.07.035 of the Chula Vista Municipal Code states that
Maximum Assessment shall be increased or decreased each Fiscal Year by the lesser of (a) the annual
percentage change in the San Diego Area Consumer Price Index (CPI) as published by the U. S. Department
Labor Bureau of Labor Statistics, or (b) the change in the estimated California Fourth Quarter Per Capita
Personal Income as contained in the Governor's budget published in January of each year. The purpose of
provision is to provide a mechanism to adjust the Maximum Assessments by a factor that reflects the
changes in the cost of doing business in the San Diego area and to ensure that assessment revenues can keep
pace with changes in the cost of providing the maintenance services financed fi~om such revenues. During the
Page 3, Item
M~tng Date 6/10/03
2002, the CPI increased by approximately 4.0 percent, while the California Per Capita Personal Income
increased by approximately 1.5 percent. Staff used the California fourth quarter personal income index,
produced the lower figures. Assessment increases equal to or less than the appropriate inflation factor
not subject to majority protest. Only assessment increases over the IF are subject to majoritypmtest.
increases are also exempt from the provisions of Proposition 218.
Assessments & Collect~les
Vista Municipal Code Section 17.07.035 also made the dlstinetion between the assessment and the
that the City may collect against the assessment (i.e., the collect~le). The assessments for FY
2003/2004 are proposed at FY 2002/2003 amounts adjusted bythe IF. The collect~les, on the other hand,
to or lower than the proposed assessments based on the budget, reserve requirement, savings and
balances, including interest earnings and prior years' savings.
proposed assessments and collect~les for FY 2003/2004 are as follows:
TABLE 2
Prior FY's vs. FY 2003/2004 Asaessments/Collecfibles
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSDg/Zone Assmm/ Collection/ Assmm/ FY 02/03 Assmt/ Collection/Revenue
EDU EDU EDU Assnmt+IF~2) EDU EDU
1 $102.03 $97.00 $99.70 $101.20 $101.20 $97.00 $64,194
2 47.34 46.00 46.26 46.95 46.95 46.00 11,205
3 324.01 302.00 316.63 321.38 321.38 299.00 37,973
4 342.23 318.00 334.44 339.46 339.46 337.00 70,770
5 333.73 282.00 326.13 331.02 331.02 287.00 35,014
6 165.03 110.00 161.27 163.69 163.69 110.00 17,82(1
7 115.29 97.00 112.66 114.35 114.35 96.00 9~880
8 526.67 438.00 514.67 q~ ac 522.39 451.00 49,610
9 149.21 144.00 145.86 148.05 148.05 148.00 56,832
15 314.35 278.00 307.19 311.80 311.80 276.00 15,732
17 150.48 53.00 147.05 149.25 149.25 32.00 1,472
18 355.58 268.00 347.48 352.69 352.69 268.00 116,580
20 (See below)
Desilt~ Basin 54.95 21.74 53.70 54.51 54.51 4.26
Rice Om}~n 4.18 4.07 4.08 4.14 4.14 4.14 CO
Street 5.95 3.81 5.81 5.90 5.90 4.23 co
Business Cen~ 22.13 17.75 21.63 21.95 21.95 21.81 co
SPAI 333.90 275.27 326.29 331.18 331.18 302.18
SPA Il 256.55 134.73 250.71 254.47 254.47 146.93
SPA III 158.36 127.00 154.76 157.08 157.08 155.35 co
North Deailtin$ Basin 36.51 35.67 35.67 36.21 36.21 35.44
Tel~gcaoh Canjnm Cbennel 28.99 20.68 28.33 28.75 28.75 22.57
23 406.54 418.00 478.84 490.87 490.87 489.00 44,039
24 609.20 485.00 595.33 604.26 604.26 485.00 19,40~
26 478.13 365.00 467.24 474.25 474.25 272.00 5,168
31 493.91 358.00 482.66 489.90 489.90 364.00 125,580
33 !,220.64 0.00 1,192.84 1,210.73 1,210.73 0.00 0
Page 4, Item ~
Meeting Date 6/10/03
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD#/Zone Assmnt/ Collection/ Ass~md] FY 02/03 Assmnt/ Collection/ Revenue
EDU EDU EDU Assmnt+ll~2~ EDU EDU
Ba]t Boulevard~4~ 895.77 875.12 875.37 888.50 888.50 217.21 !,388
Town Centre(~ $0.00 0.00 $0.00 N/A $0.100168 0.00 0
l~Rep~onted average residential assessment in SPA I.
7~sr 2003f2004 asseasment may be set at or below this cap without being subject to a majority p~
I3~,ovenuc for all zones included in overall District 20 ~noum.
IS)Bay Boulevard rates based on acres for FY's 2001/2002, 2002/2003 and 2003/2004.
:5~rown Centre rates based on parcel square footage for FY's 2001/2002, 2002/2003 and 2003/2004.
In general, most budgets have increased due to adjustments in utilities and contract services. The increase in
utilities is due to projected rate increases and the increase in contract services is due to a cost of living clause
on contracts.
Savings from prior years are proposed to be used to supplement the property owners' collections to provide
the revenue needed for FY 2003/2004 maintenance while retain~g reserves between 50%-65% (Municipal
Code allows reserves between 50%-100%). Staff typically does not retain reserves above 65% in
consideration ofproperty owners' requests to return as much excess funds as ~n~'ticaL However, occasional
higher reserves could be maimained in order to avoid future steep rate increases and/or the need to ballot
property owners for an increase in the assessment amount when the b~_~dget is higher than the collect~le. For
those Districts where the reserve currently exceeds 50-65%, stkffreco.~,uends using the savings to ofr~t
some of the assessments to give lower collectn'bles. This practice should help avoid reserves in excess of
100% in future years, thereby avoiding processing refund checks. Staff generally tries to keep the assessments
within the IF amount allowed by the Code each year.
Following are stmuuaries ofmajor changes for each District. Pursuant to the ordinance, there is a diatk~etion
between the assessment and collectible amount; the assessment, estimated cost and collection w~l become the
same number whenever an assessment increase is necessary. The proposed assessment per Equivalent
Dwelling Unit (EDU) for FY 2003/2004 represents, in all cases, the prior year's assessment with the cu~ent
factor of 1.5% as stipulated in the Municipal Code and stated earlier in this nan'ative. The assessment per
EDU is the figure to be used for informational purposes; the collectible is the amount to be actually collected,
from the property owners. The collectible per EDU reflects ;mgacts ofreserve requirements, ending fund
balances and savings. For a detailed outline, see Attachment B.
FY 03/04 lh~osed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD I Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Ass~ant+l~) EDU EDU
El Rancho del ReyUnlts 1-4 $102.03 $97.00 $99.70 $101.20 $101.20 $97.00 $64,194
StRffr~Olmuends that the assessment re~naln the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staff also recoa~uends a collectible of $97.00 per Equivalent
Dwelling Unit (EDU), which is less than the assessment of $101.20 per EDU. The budget for this District is
$84.92 per EDU. The reserve under this recommendation will be 75 %. The General Fund will be reimbursed
$8,673 for staffservices from the OSD 1 fund for FY 2003/2004. These figures were calculated on the basis
of a net assessment of $64,158 and a total o f 661.79 EDU's, as shown in Attachment B.
Page 5, Item ~
Meeting Date 6/10/03
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 2 Assurer/ Collectible/ Assmnt] FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU A~mnt+]l~) EDU EDU
Lark Haven $47.34 $46.00 $46.26 $46.95 $46.95 $45.00 $11,205
Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staffalso recommends a collect~le of $45.00 per EDU, which is
less than the assessment of $46.95 per EDU. Since the budget per EDU of $47.57 exceeds the collect~le
amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation
will be 80%. The General Fund will be reimbursed $1,825 for staff services from the OSD 2 fund for FY
2003/2004. These figures were calculated on the basis of a net assessment orS11,187 and a total of 249.00
EDU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Engineering and Public Works Operations will review
the District's budget and reserve in future years in an attempt to lower the budget and detem~ne whether
there are additional savings.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 3 Assrant/ Collectible/ Assmnt/ FY 02/03 Assnmff Collectible/ Revenue
EDU EDU EDU ,~mnt+lF(2) EDU EDU
Rancho Robinhood Units 1 & 2 $324.01 $302.00 $316.63 $321.38 $321.38 $299.00 $37,973
St~r~Ojllil'~l~ that th~ assessment remain the same as b-3( 2002/2003 plus an increase as set forth in the
Municipal Codo and as explained herein. Staffalso reco~aends a collectible of $299.00 per EDU, which is
less than the assessment of $321.38 per EDU. Since the budget per EDU of $361.05 exceeds the colleOa"ole
amount, staffrecoiihuends utilizing the fund balance to make up the difference. Funds ate available to do this
because of prior years' savings and by adjusting the rese~e balance. The reserve under this reco,,, ,~ndation
will be 51%. The General Fund will be reimbursed $7,065 for staff services from the OSD 3 fund for FY
2003/2004. These figures were calculated on the basis ora net assessment of $38,025 and a total of 127.00
EDU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Engineering and Public Works Operations w~lreview
the District's budget and reserve in fut'm-e years in an attvmpt to lower the budget and det~tmlne whether
there ate additional savings.
FY01~2 FY02~3 FY02~3 CAP: FY03/04 FY03/04 FY03/04
OSD4 As~ff Collectible/ A~.,,a~ FY0~03 As~ C~h~'tible/ Rev~ue
EDU EDU EDU A~-IF~ EDU EDU
BonimRid~ $342.23 $318.00 $334.44 $339.46 $339.46 $337.00 $70,770
Page 6, Item __
Meeting Date 6/10103
Staffrecommends that the assessment rerna'm the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staff also recommends a collectl'ble of $337.00 per EDU, which is
less than the assessment of $339.46 per EDU. The budget for this District is $318.93 per EDU. The reserve
under this recommendation will be 49%. The General Fund will be reimbursed $10,320 for staff services
fiom the OSD 4 fund for FY 2003/2004. These figures were calculated on the basis ora net assessment of
$70,822 and a total of 210.00 EDIYs as shown in Attachment B.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 5 Assmnt] Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assmnt+IF~) EDU EDU
SouthbayVillas $333.73 $282.00 $326.13 $331.02 $331.02 $287.00 $35,014
Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staffalso recommends a collect~le of $287.00 per EDU, which is
less than the assessment of $331.02 per EDU. Since the budget per EDU of $289.72 exceeds the collect~le
amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation
will be 63%. The General Fund will be reimbursed $5,446 for staff services fi'om the OSD 5 fund for FY
2003/2004. These figures were calculated on the basis of a net assessment of $35,040 and a total of 122.00
EDU's, as shown in Attachment B.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 6 Assmnt/ Collectible/ Assmnff FY 02/03 Assmnt] Collectible/ Revenue
EDU EDU EDU Assmnt+IF(2) EDU EDU
HilltopVista $165.03 $110.0~ $161.27 $163.69 $163.69 $110.00 $17,820
Staffreco~mnends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as expla'med herein. Staff also recouauends a collecffole of$110.00 per EDU, which is
less than the assessment of$163.69 per EDU. The budget for thi.~ District is $106.45 per EDU. The reserve
under thi.~ recomrr~dation will be 77%. The General Fund will be reimbursed $2,657 for staffservices from
the OSD 6 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of
$17,857 and a total of 162.00 EDU's, as shown in Attachment B.
FY 03/O4 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 7 As~nnt/ Coll~e'dble/A,~mmt/ FY 02/03 As~mull Collectible/Rewnue
EDU EDU EDU Assmnt+I~) EDU EDU
Zenith Unit~ 2, 3, & 4 $115.29 $97.00 $112.66 $114.35 $114.35 $95.00 $9,880
Staffreco~mnends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as expla'med herein. Staff also recommends a collectible of $95.00 per EDU, which is
less than the assessment of $114.35 per EDU. Since the budget per EDU of $107.31 exceeds the collect~le
amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this
because ofprior years' savings and by adjusting the reserve balance. The reserve under this recommendation
will be 75%. The General Fund will be reimbursed $1,720 for staff services from the OSD 7 fund for FY
-f-b
P.age
7, Item ~
Meeting Date 6/10/03
2003/2004. These figures were calculated on the basis of a net assessment of $9,869 and a total of 104.00
EDU's, as shown in Attachment B.
FY 03/O4 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 i
OSD 8 Assnmt] Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assnmt+l~) EDU EDU
Rancho Robinhood Unit 3 $526.67 $438.00 $514.67 $522.39 $522.39 $451.00 $49,61G
Staffreco~mamlds that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained berei~ StaB'also reco,,,,,amds a collec~le of $522.00 per EDU, which is
less than the assessment of $$22.39 per EDU. The budget for this District is $456.25 per EDU. The reserve
trader this recomt,',endation will be 50%. The General Fund will be reimbur~ed $7,733 for staffservices from
the OSD 8 fund for FY 2003/2004. These figures were calculated on the basis of a net asseasmen~ of $49,571
and a total of 110.00 EDU's, as shown in Attachment B.
FY o3/o4 Proposed Pmpo~d
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 9 As.,,,~b' Collectible/ Aasmnt/ FY 02/03 Ass~xt/ Collectible/ Revenue
EDU EDU EDU Aaaamt+~ EDU EDU
El Rancho del Rey Units $149.26 $I 44.00 $145.86 $148.05 $148.05 $148.00 $56,832
Staffrecommends that the assessment remain the same as FY 2002/2003 plus an inerease as set forth in the
Municipal Code and as explained herein. Staff also reco~muends a collecffole ors 148.00 per EDU, which is
less than the assessment ors 148.05 per EDU. Since the b, dget per EDU of$172.73 exceeds the collectfole
amounts, staffrecommends utili~ng the fund balance to make up the d~fr~rence. Funds are available to do
this becatme of prior years' savings and by adjusting the reserve balance. The reserve under this
recouuuendatiun will be 60%. The General Fund will be reimbursed $I 0,221 for staff services from the OSD
9 fund for FY 2003/2004. These figures were calculated on the basis ora net assessment of $56,890 and a
total of 384.00 EDU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Engineer h,g and Public Works Operations will review
the District's b, dget and reserve in future years in an attempt to lower the budget and det~m~e whether
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 15 Assmnt/ Collectible/ Assnmt/ FY 02~)3 As=.o~i/ Collectible/ Revenue
EDU EDU EDU Assnmt+IFc° EDU EDU
Bonim Haciendas $314.35 $278.00 $307.19 $311.80 $311.80 $276.00 $15,732
Staffrecosmuends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staff also recouauends a cellect~"ole o f $276.00 per EDU, which is
less than the assessment of $311.80 per EDU. Since the budget per EDU of $304.96 exceeds the cellectible
amount, staffrecommends utilizing the fund balance to make up the difference. Funds are ava~hle to do this
because ofprior years' savings end by adjusting the reserve balance. The reserve under this recommendation
Page 8, Item (--
Meeting Date 6/10103
will be 87%. The General Fund will be reimbursed $2,685 for staffservices from the OSD 15 fund for FY
2003/2004. These figures were calculated on the basis ora net assessment of $15,751 and a total of 57.00
EDU's, as shown in Attachment B.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 17 Assmntd Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assnmt+l~2) EDU EDU
B¢l Air Ridge $150.48 $53.00 $147.05 $149.25 $149.25 $32.00 $1,472
Staffre~,i~'~..~mls that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staff also recommends a collectible of $32.00 per EDU, which is
less than the assessment of $149.25 per EDU. Since the budget per EDU of $84.04 exceeds the collect~31e
amount, staffreco,,,, amds utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjuring the reserve balance. The reserve under this recx...,endation
will be 85%. The General Fund will be reimbursed $596 for staff services from the OSD 17 fund for FY
2003/2004. These figures were calculated based on a net assessment of $1,459 and a total of 46.00 EDU's, as
shown in Attachment B.
~v03/04 ~wo~ea Pro0os~t
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 ~ 03/~ ~ 03/~
OSDI8 A~ ~11~ ~,,,,,~ ~02/03 ~,,,,,~ ~ll~bl~ R~
~U ~U ~U ~ ~U EDU
~ ~1S~ $355.58 $268.~ $347.48 $3~2.69 $352.69 $268.~ $116,580
S~r~m~ ~ ~e ~s~t ~ ~ ~e ~ ~ 2002/2003 p~ ~ ~ m ~ ~ ~ ~
M~ C~ ~d m e~ h~e~ S~ ~~ a ~ of$268.00 ~ EDU, ~h ~
l~s ~ ~e ~mt of $352.69 ~ EDU. S~ ~e ~et ~ EDU of $296.50 ex~ ~e co~
~o~ ~~ ~li~g ~e ~ ~ to ~e ~ ~e ~. F~ ~e a~ to ~ t~
~ of~or ~' ~ md by ~g ~e ~e ~. ~e ~ ~ ~ ~~n
~ ~ 62%. ~e ~ F~d ~ ~ ~ $19,874 ~r ~s ~om ~e OSD 18 ~ ~r ~
2003/2~. ~ fi~ w~ ~c~ on ~ ~ of a net ~ orS 116,510 ~ a to~ of 435.~
EDU's, m ~o~ ~ A~ B.
~-v 03/o4 ~
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 20 Assmnt/ Collectible/ Ass~nnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU As~n~l~~ EDU EDU
Zone 1 - D~silt Busin $54.95 $21.74 $53.70 $54.51 $54.51 $4.26
Z~ae 2 - Rice Can~n~n 4.18 4.07 4.08 4.14 4.14 4.14
Zone 3 - H St. 5.95 3.81 5.81 5.90 5.90 4.23
Zone 4 - Business C~at~e 22.13 17.75 21.63 21.95 21.95 21.81
Zone 5 - SPA I 333.90 275.27 326.29 331.18 331.18 302.18
Z~me 6 - SPA II 256.55 134.73 250.71 254.47 254.47 146.93
Zone 7 - SPA III 158.3( 127.0~ 154.76 157.08 157.08 155.35
Zone 8 - North Desillin[~ Basin 36.51 35.67 35.67 36.21 36.21 35.44
Zone 9 - Telegraph Canyon Chm~nel 28.99 20.68 28.33 28.75 28.75 22.57
Page 9, Item _~_
Meeting Date 6/10/03
[ o)Revenue for all zones included in overall District 20 amount. I T°tal RevenuerS214'275
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). This District was
establi.~hed in 1989 encompassing all three meas with the understanding that the Open Space ;...:.,ovements
would be eonatructed in phases. Because this is a isrge District and not all ofthe items to be ~have
a benefit to the entire District, OSD 20 is made llp of several Zolles as indic~lt0d above. Every property
wJthln the District is in more than one Zone.
TABLE 3
OSD 20 Typical Combined Assessment (FY2003/2004)
SPA I (Zones I or 8, 2, 3, & 5) $350
SPA H (Zones 1 or 8~2,3,&6) $320
SPA rn (Zoue~ 1 or 9~3,&7) $175
Bmine~s Cenlre (Z~es 1,2,3,&4)
*~a,,~ial ~per acre) $993
*Co-~ereial (per a~e) $1,248
Staffreconanends that the assessments remain the same for each Zone as FY 2002/2003 plus an h~'ease as
set forth in the Municipal Code and as explained herein. In each of these Zones, staff reco,.mends a
colle~ble which is equal to or below the proposed assessment. The reserves for each Zone vary depending
upon the budgets, reserves and amortized costs (see budget worknbeet). The reserve requirem~t for this
Dk~ict is acceptable, pursuant to City Municipal Code. The General Fund will be reimbursed $170,259 for
staffservices t~om the OSD fund for FY 2003/2004.
Zone 8 was e~tabllsbed in ~fly 1994 for the maintenance of a desilting basin and access road located at the
down~xeam end ofthe Bonita Drainage Basin. Maintenance work included replacement oftbe access road
every eight years. The developer was required to maintain the basin for five years, at~er which the City would
maintain the basin u~ing funds collected through this zone. Although the City has not yet accepted this
facility, the road needs to be rebuilt. Staffrecommends that the City charge the maximum rate in this zone in
order to build up a reserve to pay for this work. Construction ofa gabion structure in this zone hah recently
been comFleted by the developer. It is ese;mated that this structure will be turned over to the City by the end
of FY 2002/2003 or the begimfing of FY 2003/2004. If this structure will be turned over to the City by the
end of FY 2002/2003, staff will propose a budget amendment for this District.
During FY 2001/2002 the Telegraph Canyon Channel was accepted for maintenance by the City aRer all
required approvals were maintained. These costs are inch~d~d in both Open Space D~t~ict 20, Zone 9, Open
Space DistriCt 31 and Eastlake Maintenance District 1 Zone E.
FY 03/04 Propo~d Propo~d
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 23 Assmnt/ Collectible/ As~i/ FY 02/03 A,~-,,,~' Collectible/ Revenue
EDU EDU EDU A~,.,,,t+]FcO EDU EDU
OtnyRio Business Pork $406.54 $419.00 $478.84 $486.02 S486.02 $486.00 $43,769
Staffrecommends that the assessment rema~ the same as the amount edopted by Council for FY 2002/2003
in accordance with Resolutions 2002-290 and 2002-291 plus a 1.5% increase as set forth in the Municipal
Page 10, Item ~
Meeting l)ate 6/10/03
Code and as explained herein. Staffalso recommends a collect~le of $486.00 per EDU, which is less than
the assessment of $486.02 per EDU. Since the budget per EDU of $516.97 exceeds the collect~le amount,
staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this because
of prior years' savings and by adjusting the reserve balance. The adoption of Resolutions 2002-290 and
2002-291 has resulted in a near threefold increase to the amounts budgeted and expended for ma'mtenance of
this District. However, the assessment mount has still been calculated on the same basis that it has been
since this District was formed, with only a slight increase in the number of EDU's from 89.17 to 90.06.
Therefore, staifhas set the reserve under this recommendation at 33.4% to ensure that the collect~le will
remain at or below the assessment amount. The General Fund will be reimbursed $7,174 for staffservices
fi'om the OSD fired for FY 2003/2004. These figures were calculated on the basis ora net assessment of
$43,769 and a total of 90.06 EDU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Engineering and Public Works Operations will review
the District's budget and reserve in future years in an attempt to lower the budget and dete~i,,ine whether
there are additional savings.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 24 Assnmt/ Collectible/ AssnmtJ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assmnt+l~) EDU EDU
Canyon View Homes $609.20 $485.00 $595.35 $604.26 $604.26 $485.00 $19,400
Note: OSD 24 consists of only 40 town homes sharing in the cost of large, landscaped slopes adjacent to the town homes.
Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained herein. Staffalso recoramends a collectible of $485.00 per EDU, which is
less than the assessment of $604.26 per EDU. Since the budget per EDU of $581.75 exceeds the coHect~le
amount, staff.recommends utilizing the fund balance to make up the difference. Funds are available to do this
because ofprior years' savings and by adjusting the reserve balance. The reserve under this recommendation
will be 66%. The General Fund will be reimbursed $3,513 for staffservices from the OSD 24 fund for FY
2003/2004. These figures were calculated on the basis of a net assessment of $19,394 and a total of 40.00
EDU's, as shown in Attachment B.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 26 AssmntJ Collectible/ Assmnt/ FY 02/03 Assnmt/ Collectible/ Revenue
EDU EDU EDU Assnmt+lF(2) EDU EDU
ParkBonita $478.13 $365.00 $467.24 $474.25 $474.25 $272.00 $5,168
Staffrecosmuends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as expla'rned herein. Staff also recommends a collectible of $272.00 per EDU, which is
less than the assessment of $467.24 per EDU. The budget for this District is $357.79 per EDU. Funds are
available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under
this reconnaendation will be 80%. The General Fund will be reimbursed $1,047 for staff services from the
OSD 26 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of$5,159 and
a total of 19.00 EDU's, as shown in Attachment B.
Pa?Il, Item L~
Meeting Date 6/10~3
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD31 Assmnt/ Collectible/ Assmnt] FY02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assamt+IF~) EDU EDU
Telegraph Canyon Estates $493.91 $358.00 $482.66 $489.90 $489.90 $364.00 $125,580
Staffrecoi,, ~vads that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the
Municipal Code and as explained hereim Staffalso recommends a collectible of $364.00 per EDU, which is
less than the assessment of $489.90 per EDU. The budget for this District is $341.78 per EDU. The re~we
under this recommendation will be 61%. The General Fund will be reimbursed $18,169 for staff services
~om the OSD 31 fund for FY 2003/2004. These figures were calodated on the basis of a net assessment of
$125,416 and a total of 345.00 EDU's, as shown in Attachment B.
From FY 1994/1995 through FY 1999/2000, a minimal amount of hnp, ovements were turned over to the
City for maintenance. For FY 1994/1995 through FY 2000/2001, the City collected a minimal amount per
EDU due to an excess of available funds. However, in October 2000 a group of tv,mis courts was turned
over to the City for maintenance. Additionally, a portion of Telegraph Canyon Channel maintenance was
added for FY 2001/2002. ARer being large enough in the past to more than offset any expenditures, for FY
2001/2002 the fund balance shrunk to a much smaller figure ($30,091). Thus, for FY 2001/2002 staff
requested the collectfole of $357.00 per EDU, which only provided a 36% reserve. For FY 2002/2003 staff
requested the collectible of $362.00 per EDU, which provided a 50% reserve in light of a projected fund
b~lance of $50,652. This year, with a projected fund b~l~nce of $64,427, staffis requesting a collectfole
amount sufficient to maintain a 61% reserve.
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/~ ~ 03/~
OSD 33 ~ ~ll~bl~ ~ ~ 0~03 ~ ~ll~bl~ ~
~U EDU ~U ~,,~t+~ EDU ~U
B~yBm~sH~V~ $1~20.64 $0.~ $1,192.84 $1~10.73 $1~!0.73 $0.~ $0
S~,,~,,~& ~ ~ m~t r~ ~ ~e m ~ 2~2/2~3 p~ ~ ~ m ~ ~ ~ ~e
M~ Co& md m e~ ~. ~ ~ ~ EDU ~ $0.~; ~e, ~~& a
~H~ orS0.00 ~ EDU. ~ ~e ~ ~ ~~n ~ ~ ~, s~ no ~on ~
~ to ~ ~ ~g ~ 2003/2~. Co~,~ ~~ ~ ~ ~ ~
1996/1997, ~ ~ ~& ~ ~H~t~ ~ ~ ~n ~ ~ ~ne on ~ ~. S~
~t~ ~ ~go~m ~ a new &velo~ ~o p~ to ~ a ~-~ ~k ~ md
~c~ &vebpm~t ~ ~ ~em S~y r~d ~g mv~m ~ ~ 20~/2005 or ~ ~
~& ~ ~ n~ to do gq~ ~ S~ ~t~.
FY 03/O4 Proposed Proposed I
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04I FY 03/04
Ass~mat/ Collectible/ Assmnt/ FY 02/03 As~/ Collectible/ Revvaue
Bay Boulevaxd Acre Acm Acre A.snmm~ Acxe Acm
Maintenance DisUict $895.77 $875.12 $875.37 $888.54 $888.54 $217.21 $1,338
Page 12, Item ~7
Meeting Date 6/10/03
This District was reestablished in FY 1999/2000 on the basis of acreage. Staff recommends that the
assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as
explained herein. Staff also recommends a collect~le of $217.21 per acre, which is less than the assessment
of $888.54 per acre. Since the budget of $1,789.67 per acre exceeds the collect~le amount, staff
recommends utilizing the fired balance to make up the difference. Funds are available because of prior years'
savings and by adjusting the reserve balance. The reserve under this recommendation will be 85%. The
General Fund will be reimbursed $4,755 for staff services from the OSD Bay Boulevard fund for FY
2003/2004. These figures were calculated on the basis ora net assessment of $1,388 and a total acreage
amount of 6.39, as shown in Attachment B.
Since the budget amount exceeds the proposed assessment, Engineering and Public Works Operations staff
will review the District's budget and reserve in future years in an attempt to lower the budget and to
determine whether there are additional savings. There is also a poss~ility that staffmay consider conducting a
ballot process next year to increase the assessment amount.
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
Assmntd Collectible/ AssnmtY FY 02/03 Assmnt/ Collectibled Revenue
Town Cenlxe SF SF SF Assmnt+IF(2) SF SF
Maintenance Dis~ict $0.00 0.0~ $0.00 N/A $0.100168 0.00 0
On July 24, 2001 Council held a public meeting and tabulated ballots for the establi.~hment oftbe Downtown
Property and Business lmpr~ ovement District (PBID). This Distri~ was to take over the maintenance work
previously financed by the Town Centre Landscape Maintenance District (LMD). Since the majority of the
weighted vote favored the establislnnent ofthe PBID, the PBID became effective as of January 2002 and the
assessment for the PBID was placed on the tax roll for FY 2001/2002. It was envisioned that the LMD
would be dissolved aRer the new PBID was formed and all expenses associated with the LIVID had been
determined. Therefore, maximum rates w~re not adopted for the LIVID in FY 2001/2002 and FY 2002/2003.
However, in reevaluating the halmcts of dissolving the LIVID, it was det~r.fined that there is some potential
long term exposure for the City based on the remote posm'bility that the current PBID might not receive
sufficient support for reaiop, oval in 2006 for its next five year period. Should the PBID not be reapproved,
and ffthe LMD had been dissolved, there would no longer be a funding mechanism for downtown landscape
maintenance.
Based on this possfo~, the Town Centre LIVID will be kept open as a "ghost" district. This means that the
City will set the maximum assessment amount for the District on an anoual basis, even though property
owners will not be billed anything on the tax roll. The assessment amount for FY 2003/2004 is based on the
last approved assessment amount for this District, which was $0.098688 per square foot ofparcel area as
adopted for FY 2000/2001. Staffrecoimuends that the assessment remain the same as FY 2000/2001 plus the
1.5% llz set forth earlier in this Council Agenda Statement. Annual cost of living increases will be added to
this amount begi,,ing with FY 2004/2005.
Page 13, Item ~
Meeting Date 6/10/03
Notice
The public hearings will be noticed pursuant to Government Code 6061, which requires that notice be
published in a newspaper of general circulation (the Star-News) at least 10 days before the public hearing.
Plans, specifications, and assessment rolls are on file in the Public Works/En~e~g office.
FISCAL IMPACT: Engineering, Public Works Operations, Data Processing and Finance generate staff
costs associated with the Open Space program. Contractual costs ($738,309) are outlined in Attachment B.
These costs are recovered through the OSD collect~ole, causing no net fiscal impact. The total General Fund
reimbursement for City staffservices fi.om the above listed OSD funds for FY 2003/2004 is estimated to be
$283,732.
Attachments: A. District Maps
B. Cost Summary
J:~CNGINEER~u~.GENDA~OSDislsAIImsr03/04.docFile: 0725-304~SD 00
5/29/03 10:07:12 AM
8 8888
~ ~8 ~ ~ ~ '~ '~ '
88888888
{ ~ ~ ·
,,,
8888.8888 88 $ 8 88 ~ "~ g ~ .E~
§ ~ ,,, .... ,~
88888888 88 8 8
· -a .2 .... ~ ........ . ~ ' .
Rancho del Rey Open Space Dlsb'lct No. 20
Amortized ~
Amount AcgunlulM~d for FY 03-04
Desilting B~in $134.818.00 ~0.00 ntenance (evm~ 5 yem~)
~ Em~ H b-'bee[ ~3,500.00 $0.00 ~"b~lJz~ion Mn.~ume rn~Jntenm'~ce (every 3 yeem)
Rice Canyon $0.00 $0.00 =-'t~ging Area - A.C. overbuy and Mdpe (every 5 yem~)
Trail are~ $1,041.00: $0.00 ~.ging are~ nmir~ (30 year pedod)
~ast H Stre~ $0.(X $0.00
SPA1 Phase1 $52,026.(X: $4,002.00!Monurnent~Jonreplacement(30yempedod)
E~usiness Center)
~PA 1 Phases 2-6 $466,061,0~ $34,617.00 Theme wall and monument rep~ (30 yem')
~PA 2 $0.0~ $0.00
~PA 3 $0.0~ $0.00
Desilfing Basin $8,971.85 $4,431.85 Access Road/gab;on structure not yet accep~ by City
at Glen Abbey
Te;egmph Cyn Channe $3,392.00 $0.00 ;940.00 from an*mrtized mnount used for
SPA 3 are~) current maintenance in FY 2001/2002
1. Zone1-$26,320(Syrs)&$6,700(#yrs)forde~iltingbasin &stabilizationsbucturesr~collectedbeyondSyrsperCode;
Zone 2 - $813 (5 yin) f~r AC r~t coilected.
2. Zone 2 & 3 - Amortized co~t for walls r~ det.~mined.
3. Zones6&7 -"~emewall/monumentationtobeadd~l.
4. Zone 8 - New gabion structure and access road am to be pei'iodically maintained. Resewes are ~ be accumulated I~Or to
anticipated w:~e.a nee in F'( 200~ or later,
5. Zone 9 - See TC spreedshee~ for cost breakdown on chanmd.
h:\home~engineer~agenda~OSD 20 amortized costs.xls
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FY 2003-2004 SPREAD OF ASSESSMENTS FOR OPEN
SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31,
AND 33, BAY BOULEVARD AND TOWN CENTRE
MAINTENANCE DISTRICTS, DECLARING THE INTENTION
TO LEVY AND COLLECT ASSESSMENTS AND SETTiNG
JULY 22, 2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports
for all existing Open Space Maintenance Districts in the City; and
WHEREAS, these reports were prepared by the City Engineer or under his direction
and are presented to Council for approval in order to proceed with the public heatings set for July
22, 2003, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open
Space District No. 1 through 9, 15, 17, i8, 20, 23, 24, 26, 31, and 33, Bay Boulevard and Town
Centre Maintenance Districts; and
WHEREAS, the proposed assessment for Fiscal Year 2003-2004 is as follows:
PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD#/Zone Assnmt/ Collectiopd Assmnt/ FY 02/03 Assmnt/ Collection/Revenue
EDU EDU EDU Assmnt+IF(2) EDU EDU
I $102.03 $97.00 $99.70 $101.20 $101.20 $97.00 $64,194
2 47.34 46.00 46.26 46.95 46.95 45.00 11,205
3 324.01 302.00 316.63 321.38 321.3~ 299.00 37,973
4 342.23 318.00 334.44 339.46 339.46 337.00 70,770
5 333.73 282.00 326.13 331.02 331.02 287.00 35,014
6 165.03 110.00 161.27 163.69 163.69 110.00 17,82¢
7 115.29 97.00 112.61 114.35 114.35 97.00 10,088
8 526.67 438.00 514.67 522.39 522.39 451.00 49,610,
9 149.26 144.00 145.8I 148.05 148.05 145.00 55~580
15 314.35 278.00 307.19 311.80 311.80 276.00 15,732
17 150.48 53.00 147.05 149.25 149.25 23.00 1,058
18 355.58 268.00 347.48 352.69 352.69 268.00 116,580
20 (See below)
Zone 1 - Desiltimz Basin 54.95 21.74 53.70 54.51 54.51 4.26
1
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD#/Zone Assmnt/ ~Collectio~.' Assnmt2 FY 02/03 Assnmt/ Collectio~ Revenue
EDU [~DU F-DU Assmnt+IF(2~ EDU EDU
Zone 2 - Rice Canyon 4.18 4.07 4.08 4.14 4.14 4.14
Zone 3 - H Street 5.95 3.81 5.81 5.90 5.90 4.23
Zone4 Business Centre 22.13 17.75 21.63 21~95 21.95 21.81
Zone 5 - SPA I 333.90 275.27 326.29 331.18 331.18 302.18
Zone 6 - SPA I1 256.55 134.73 250.71 254.47 254.47 146.93
Zone 7 - SPA Ill 158.36 127.00 154.76 157.08 157.08 155.35
Zone 8 - North Desilting Basin 36.51 35.67 35.67 36.21 36.21 35.44
Zone 9 Telegraph Canyon Chmmel 28.99 20.68 28.33 28.75 28.75 22.57
23 406.54 418.00 478.84 486.02 486.02 486.00 43,769
24 609.20 485.00 595.33 604.26 604.26 485.00 19,400
26 478.13 365.00 467.24 474.25 474.25 236.00 4,480
31 493.91 358.00 482.66 489.90 489.90 364.00 125,580
33 1,220.64 0.00 1,192.84 1~210.73 1~210.73 0.00
Bay Boulevard~41 895.77 875.12 875.37 888.50 888.50 2.35 15
Town CentreIs) 0.00 0.00 $0.00 N/A 0.100168 0.00 13
/tlRcpresented average residential assessment m SPA I.
{21FY 2003/2004 assess~nent may be set at or below this cap without being subject to a majority protest.
~31Revenue for all zones included in overall District 20 amount.
141Bay Boulevard rates based on acres 1hr FY's 2001/2002, 2002/2003 and 2003/2004.
(~>Town Centre rates based on parcel square ~)otage ~br FY's 2001/2002, 2002/2003 and 2003/2004.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Engineer's Report to declare its intention to levy and collect
assessments for the FY 2003-2004 for the spread of' assessments for City Open Space Maintenance
Districts I through 9, 15, 17, 18; 20, 23, 24, 26, 31 and 33, Bay Boulevard and Town Centre
Maintenance Districts, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby set July 22, 2003
at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California as the date and time for the public hearing on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said
assessment pursuant to Government Code Section 606 l.
Presented by Approved as to form by
Cliff Swanson Ann lCl'(:~o~e &'
Director of Public Works City Attorney
2
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/10/03
ITEM TITLE: Resolution Approving the Engineer's Report for the FY 2003/2004 spread
of assessments for Open Space District 10, declaring the intention to levy and collect
assessments and setting July 22, 2003 at 6:00 p.m. as the date and time for a public
hearing regarding these assessments.
SUB1VIITI'ED BY: ' Director of Engineeringd~/
REVIEWED BY: City Manage~,~ [£,v V' (4/$ths Vote: Yes...No X.~.)
This is one of four companion agenda items to agenda item ,4 , which gives all background
information and details on Open Space Districts in general which is applicable to this item, but does not
include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1.
Based upon the advice of the City Attorney, agenda items ~' , ~,
~ and c~ have been separated from agenda item '~t due to
conflict of interest concerns. One Council member owns property subject to the proposed assessment in this
RECOMMENDATION: That Council:
Adopt the resolution approv~g the Engineer's Report, directing the City Clerk to publish the
Resolution of Intention pursuant to Government Code 6061, s~t. tlng the date and time of the public
hearing on the assessments for July 22, 2003 at 6:00 p.m.
DISCUSSION:
This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space Distri~
10, located along East J Street west ofPasoo Ranchero (see Attachment A). Table 1 relates the present
year's assessment to the proposed assessment for Fiscal Year 2003/2004. Agenda ~ of
tonight's agenda contains all the general information regarding Open Space Districts.
TABLE 1
Prior FY's vs. FY 2003/2004 Asse~ment/CoHeetible
FY O3/O4 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 10 Asmnnt/ Collectible./ As~/ FY 02/03 A~mmt/ Coll~'dbted Rewnue
EDU EDU EDU A~,,iii~ +CP10) EDU EDU
E1Ranchodel Rey6 & Casa del Rey $100.72 $94.00 $98.43 $99.91 $99.91 $94.00 $61,887
°~FY 2003/2004 assessment may be set at or below this cap without being subject to a majorityprote~
Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously a~,p~oved,
adjusting the FY 2002/2003 figure by a factor of 1.5% as calculated in the rammer set forth in the Municipal
Code and explained in the narrative for agenda item of tonight's agenda. Staff also
Page 2, Item ~
Meeting Date 6/10/03
recommends a collect~le of $94.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of
$99.91 per EDU. Note that the collect~le in FY 2003/2004 will be the same as in FY 2002/2003. Since the
budget per EDU of $102.73 exceeds the collect~le amount, staffrecommends utili~g the fund balance to
make up the difference. Funds are available to do this because of prior years' savings and by adjusting the
reserve balhance. The reserve under this recommendation will be 71%. These figures were calculated on the
basis of a net assessment of $62,155 and a total of 658.37 EDU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Engineering and Public Works Operations staff will
review the District's budget and reserve in future years in an atten~t to lower the budget and determine
whether there are additional savings.
Because this District was formed as a result ofa 100% petition by the landowners and the assessment is not
being raised above the CPI, as provided for in the assessment formula, this District is exempt fi.om the
provisions of Proposition 218.
FISCAL IMPACT:
Staffcosts associated with the Open Space program are generated by Engineering, Public Works Operations,
Data Processing and Finance. Contractual costs are $32,961, as shown in Attachment B. These ensts are
recovered through the Open Space District collect~le, causing no net fiscal impact. The GeneralFund willbe
reimbursed $10,422 fi.om the OSD 10 fund for City staff services for FY 2003/2004.
Attachments:
A District Map
B Estimate of Cost
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCiL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FY 2003-2004 SPREAD OF ASSESSMENTS FOR OPEN
SPACE DISTRICT 10, DECLARING THE INTENTION TO
LEVY AND COLLECT ASSESSMENTS AND SETTLNG JULY
22, 2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the axmual reports
for all existing Open Space Maintenance Districts in the City; and
WHEREAS, these reports were prepared by the City Engineer or under his direction
and are presented to Council for approval in order to proceed with the public hearings set for July
22, 2003, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open
Space District No. I0; and
WHEREAS, the proposed assessment for Fiscal Year 2003-2004 is as follows:
PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 10 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assmnt +CPId/ EDU EDU
E1 Rancho del Rey 6 & Casa del ReV $100.72 $94.00 $98.43 $99.91 $99.91 $94.00 $61,887
(I) ....
FY 2003/2004 assessment ma be set at or be ow t ~ s ca w~thout beln, sub ect to a ma'ori rotes~
assessment may r)esetat or oetow rtu p g · ~ j Iy p .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Engineer's Report to declare its intention to levy and collect
assessments for the FY 2003-2004 for the spread of assessments for City Open Space Maintenance
District 10, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby set July 22, 2003
at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California as the date and time for the public hearing on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said
assessment pursuant to Government Code Section 606l.
Presented by Approved as to form by
Director of Public Works City Attorney
COUNCIl, AGENDA STATEMENT
Item
Meeting Date 6/10/03
ITEM TITLE: Resolution Approving the Engineer's Report for the FY 2003/2004
spread of assessments for Open Space District 11, declaring the intention to levy and
collect assessments and setting July 22, 2003 at 6:00 p.m. as the date and time for a
public hearing regarding these assessments.
SUBMITTED BY: Director of Engineering~
Managership*' ~? ~' (4/Sths Vote: Y~._No X~..)
REVIEVVED
BY:
City
This is one of four companion agenda items to agenda item r~o. 6[ , which gives all background
information and details on Open Space Districts in general which is applicable to this item, but does not
include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1.
Based upon the advice of the City Attorney, agenda items ~
and 9 have been separated fi.om agenda iten~ nv. ~ due
conflict of interest concerns. One Council member owns property subject to the proposed assessment in this
Distrkt.
RECOMMENDATION: That Council:
Adopt the resolution ~q~,oving the Engineer's Report, directing the City Clerk to publish the
Resolution of Intention pursuant to Gov~,mu~nt Code 6061, s~tt;,,g the date and time. ofthe public
hemhig on the assessments for July 22, 2003 at 6:00 p.m.
DISCUSSION:
This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District
11, located along East H Street between 1-805 Freeway and Del Roy Boulevard (see Attachment A). Tabk~ 1
relates the preserat year's assessment to the proposed assessment for Fiscal Year 2003/2004. Agenda item
of tonight's agenda contains all the general information regarding Open Space Districts.
TABLE 1
Prior FY's vs. FY 2003/2004 AssegsmeniJCollectible
FY 03/04 Propo~d Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 11 As~ant/ Collectible/ Agamut/ FY 02/03 A.~mnt/ Collectible/ Revenue
EDU EDU EDU A ~m* +CPlO) EDU EDU
}I~VistaVilla~ $101.93 $99.00 $99.61 $101.10 $101.10 $100.00 $132,103
o~5-y 2003/2004 asses~mo~i may be set a~ or below this cap without being subject to a majorityprotest.
Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously approved,
adjusting the FY 2002/2003 figure by a t~ctor of 1.5% as calc-l~t,~d in the manner set forth in the Municipal
Code and explained in the narrative for agenda item of tonight's agenda. Staff also
Page 2, Item (~
Me~dng Date 6/10103
recommends a collect~le of$100.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment
of $101.10 per EDU. The budget for this District is $98.88 per EDU. The reserve trader this
recommendation will be 74%. These figures were calculated on the basis of a net assessment of $132,564
and a total of 1,321.03 EDU's, as shown in Attachment B.
Because this District was formed as a result of a 100% petition by the landowners and the assessment is not
being raised above the CPI, as provided for in the assessment formula, this District is ex~mpt from the
provisions of Proposition 218.
FISCAL IMPACT:
Staff costs associated with the Open Space program are generated by Engineering, Public Works Operations,
Data Processing and Finance. Contractual costs are $47,257, as shown in Attachment B. These costs are
recovered through the Open Space District collect~le, causing no net fiscal impact. The General Fund will be
reimbursed $20,127 from the OSD 11 fund for City staffserviees for FY 2003/2004.
Attachments:
A District Map
B Estimate of Cost
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FY 2003-2004 SPREAD OF ASSESSMENTS FOR OPEN
SPACE DISTRICT 11, DECLARING THE INTENTION TO
LEVY AND COLLECT ASSESSMENTS AND SETTING JULY
22, 2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports
for all existing Open Space Maintenance Districts in the City; and
WHEREAS, these reports were prepared by the City Engineer or under his direction
and are presented to Council for approval in order to proceed with the public hearings set for July
22, 2003, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open
Space District No. 11; and
WHEREAS, the proposed assessment for Fiscal Year 2003-2004 is as follows:
PRiOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD I I Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assmnt +CPIItl EDU EDU
Hidden Vista Village $101.93 $99.00 $99.61 $101.10 $101.10 $100.00 $132A03
d IFy 2003/2004 assessment may be set at or below this cap without being subject to a majority protest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Engineer's Report to declare its intention to levy and collect
assessments for the FY 2003-2004 for the spread of assessments for City Open Space Maintenance
District 11, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby set July 22, 2003
at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California as the date and time for the public hearing on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said
assessment pursuant to Govermnent Code Section 6061.
Presented by Approved as to form by
CliffSwanson A~.._~~
Director of Public Works City Attorney
2
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/10/03
ITEM TITLE: Resolution Approving the Engineer's Report for the FY 2003/2004 spread
of assessments for Open Space District 14, declaring the intention to levy and collect
assessments and setting July 22, 2003 at 6:00 p.m. as the date and time for a public
hearings regarding these assessments.
SUBMITTED BY: Director of Engineering~
REVIEWED BY: C~ty Manag ~.~ (4/$ths Vote: Yes._No__~
This is one of four companion agenda items to agenda item v~v. ~r , which gives all background
information and details on Open Space Districts in general which is applicable to this item, but does not
include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1.
Based upon the advice of the City Attorney, agenda items G, {~
and ~5 have been separated from agenda item ~, 4 a~j~ to
conflict of interest concerns. One Council member owns property ~fl~ject to the proposed assessment in this
District.
RECOMMENDATION: That Council:
Adapt the resolution approving the Engineer's Report, directing the City Clerk to publiuh the
Resolution of Intention pursuant to Government Code 6061, setting the date and time of the public
heating on the assessments for July 22, 2003 at 6:00 p.m.
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District 14,
located along the north and south of Country Vistas Lane (see Attachment A). Table 1 relates the present
year's assessment to the proposed asses~qment for Fiscal Year 2003/2004. Agenda item of
tonight's agenda contains all the general information regarding Open Space Districts.
TABLE 1
Prior lq'Y's vs. 1~ 2003/2004 Assessment/Collectible
Fy os/on ~ ~
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 14 Assnmt/ Collectible/ Assmm/ FY 02/03 A.qnmnt/ Collectible/ Revenue
EDU EDU EDU Assnmt +CP1(1) EDU EDU
Bonita Long Canyma $327.66 $279.00 $320.19 $324.99 $324.99 $281.00 $245,414
u~y 2003/2004 assessment may be set at or below this cap without being subject to a majority protest.
Staff proposes for FY 2003/2004 that the assessment he kept within that amount previously atJptoved,
adjusting the FY 2002/2003 figure by a factor of 1.5% as calculated in the manner set forth in the Municipal
Code and explained in the narrative for agenda item of tonight's agenda. Staff also
Pnge 2, Item 7
Meeting Date 6/10/03
recommends a collect~le of $281.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment
of $324.99 per EDU. Since the budget per EDU of $338.39 exceeds the collect~le amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
50%. These figures were calculated on the basis of a net assessment of $245,234 and a total of 873.36
EDU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Engineering and Public Works Operations staff will
review the District's budget and reserve in future years in an attempt to lower the budget and determine
whether there are additional savings.
Because this District was formed as a result of a 100% petition by the landowners and the assessment is not
being raised above the CPI, as provided for in the assessment formula, this District is exempt fi.om the
provisions of Proposition 218.
FISCAL IMPACT:
Staffcosts associated with the Open Space program are generated by Engineering, Public Works Operations,
Data Processing and Finance. Contractual costs are $122,729, as shown in Attachment B. These costs are
recovered through the OSD 14 collectible, causing no net fiscal impact. The General Fund willbe reknbursed
$45,538 fi.om the Open Space District fund for City staff services for FY 2003/2004.
Attachments:
A District Map
B Estimate of Cost
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FY 2003-2004 SPREAD OF ASSESSMENTS FOR OPEN
SPACE DISTRICT 14, DECLARING THE INTENTION TO
LEVY AND COLLECT ASSESSMENTS AND SETTING JULY
22, 2003 AT 6:00 P.M. AS THE DATE AND TIME FOR A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports
for ali existing Open Space Maintenance Districts in the City; and
WHEREAS, these reports were prepared by the City Engineer or under his direction
m~d are presented to Council for approval in order to proceed with the public hearings set for July
22, 2003, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open
Space District No. 14; and
WHEREAS, the proposed assessment for Fiscal Year 2003-2004 is as follows:
PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
OSD 14 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
EDU EDU EDU Assmnt +CPII~l EDU EDU
Bonita Lon~ Canyon $327.66 $279.00 $320.19 $324.99 $324.99 $281,00 $245.414
mFY 2003/2004 assessment may be set at or below this cap without being subject to a majority protest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Engineer's Report to declare its intention to levy and collect
assessments for the FY 2003-2004 for the spread of assessments for City Open Space Maintenance
District 14, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby set July 22, 2003
at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California as the date and time for the public hearing on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said
assessment pursuant to Government Code Section 6061.
Presented by Approved as to form by
Cliff Swanson '
Director of Public Works City Attorney
2
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/10/03
ITEM TITLE: Resolution Approving the Engineer's Report for the FY 2003/2004 spread
of assessments for Eastlake Maintenance District #1, declaring the intention to levy
and collect assessments and setting July 22, 2003 at 6:00 p.m. as the date and ~ for
a public hearing regarding these assessments.
SUBMITTED BY: Director ofEngineering~/
REVIEWED BY: City Manage~ 04 (4/5tbs Vote: Y~...No X___)
This is one of four companion agenda items to agenda item ~xc. /4 , which gives all background
information and details on Open Space Districts in general which is applicable to this item, but does not
include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1.
Based upon the advice of the City Attorney, agenda items ~ ,
'7 and <~ have been sepamted from agenda item ~v. 4 due to conflict o~
interest concerns. One Council member owns property subject to the proposed assessment in thin District.
RECOMMENDATION: That Council:
Adopt the resolution approving the Engineer's Report, diro~ti~ the City Clerk to publish the
Resolution of Intention pursuant to Gov~t mnellt Code 6061, s~tti.g the date and ~htte of the public
hearing on the assessments for ~ 22, 2003 at 6:00 p.m.
DISCUSSION:
This agenda item is the yearly resolution to assess for Open Space ma~tenance within Eastlake Malntenm~e
Di~tdct # 1 (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for
Fiscal Year 2003/2004. Agenda item of tonight's agenda contains all the g~neral information
regarding Open Space Districts.
TABLE 1
Prior FY's v~. FY 2003/2004 A~e~ment/Colleetible
Eastlak~Mainten~ce FY01/02 FY02/03 FY02/03 CAP: FY03/04 FY03/04 FY03/04
District #I A~nmt/ Collectible/ As~nnff FY' 02/03 Assmnff Colle~ibte/ Rewnue
EDU EDU EDU Asst--+IFc° EDU EDU
Zene A -Eagdake I $11.31 $6.31 $11.05 $11.22 $11.22 $7.92
Zone B - F. astlake Greem 18.49 7.91 18.07 18.34 18.34 11.36
Zoue C - Olja~ic Trainin~ Center 153.14 2.61 149.65 151.89 151.89 4.12
Zone D - Salt Creek I 204.24 119.58 199.59 202.58 202.58 163.83
Zone E - Teles~aph Can~en Channel C~) 29.12 18.62 28.45 28.88 28.88 4.45
(0 All areas share in ~he cost of Otay Lakes Road medians and off-site p~rkway~. Total Revenue=$185,986
~ Portions of Easflake IBC and Famtlake Greem are in benefit area.
o) Revenue for all Zones included in overall Eastl~e Maint~nmn~ Dislrict amount.
Page 2, Item
Meeting Date 6/10/03
Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within
ELMD 1. Staff recommends that the assessment for each of the areas remain the same as FY 2002/2003
plus an increase of 1.5% as set forth in the Municipal Code and as explained in the narrative for agenda item
of tonight's agenda. Staff recommends an armual collectible, as shown in Table 1,
which is below the assessment amount for each zone. The reserve for Zone E is at 63.51%. A reserve
between 80% and 100% was used for Zones A, B, C and D to minimize future increases.
Olympic Training Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO
Olympic Training Center to continue maintenance of Wueste Road landscape improvements. Incorporated
in this agreement are safeguards to ensure maintenance is performed to City standards. There are indemnity
provisions for both parties for use of paths along Wueste Road. However, OTC turned over to the City
maintenance of a median on Olympic Parkway. Staffrecommends setting the collectible for Zone C at $2.61
per EDU. OTC is currently maintaining Wueste Road slopes through a landscape maintenance firm that
performs services within the Training Center at a price lower than a typical City solicited price. Landscape
maintenance firms sometimes subsidize the maintenance of high visibility areas to take advantage of
publicity opportunities such sites can provide. The proposed assessment was developed on the basis of the
City maintaining all Wueste Road landscape improvements.
Maintenance of an infiltration basin located at Wueste Road and Olympic Parkway is also included in Zone
C. According to the January 16, 1996 maintenance agreement signed by the Cities of Chula Vista and San
Diego, the U. S. Olympic Committee, and Eastlake, the maintenance costs of this basin would be included in
Zone C after a three-year maintenance period by Eastlake and acceptance by the City. The maintenance
period has expired without any action taken by Eastlake to maintain the basin; additionally, flows from the
Eastlake Woods and Vistas developments also discharge into this basin. Since it would not be appropriate to
have Zone C pay all maintenance costs under these circumstances, City staff has deferred acceptance of the
basin until a new special district has been formed for Eastlake Woods and Vistas which would include a
portion of these costs and the basin has been brought up to City standards.
Because the budget exceeds the proposed assessment, Engineering and Public Works Operations staffwill
review the District's budget and reserve in future years in an attempt to lower the budget and determine
whether there are additional savings.
Because this District was formed as a result of a 100% petition by the landowners and the assessment is not
being raised above the CPI, as provided for in the assessment formula, this District is exempt from the
provisions of Proposition 218.
FISCAL IMPACT: Staff costs associated with the Open Space program are generated by Engineering,
Public Works Operations, Data Processing and Finance. Contractual costs are $106,939.00, as shown in
Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal
impact. The General Fund will be reimbursed $41,879.00 from the Eastlake Maintenance District #1 fund
for City staff services for FY 2003/2004.
Attachments: A District Map
B Estimate of Cost
J:iEngineer~AGEN DA OSDist EI.M D# I A 1 FY03-04 doc
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FY 2003-2004 SPREAD OF ASSESSMENTS FOR
EASTLAKE MAINTENANCE DISTRICT #1, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS AND
SETTING JULY 22, 2003 AT 6:00 P.M. AS THE DATE AND
TIME FOR A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports
for all existing Open Space Maintenance Districts in the City; and
WHEREAS, these reports were prepared by the City Engineer or under his direction
and are presented to Council for approval in order to proceed with the public hearings set for July
22, 2003, in accordance with the Landscaping and Lighting Act of 1972. The report covers Eastlake
Maintenance District # I; and
WHEREAS, the proposed assessment for Fiscal Year 2003-2004 is as follows:
PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE
FY 03/04 Proposed Proposed
FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04
Eastlake Maintenance Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue
District #1 EDU EDU EDU Assmnt ~ CPII~) EDU EDU
Otav Lakes Road~ __ --:--- _
ZoneA Eastlake 1 $ 11.31 $6.31 $11.05 $11.22 $11.22 $7.62
Zone B Eastlake Greens 18.49 7.91 18.07 18.34 18.34 11.36
ZoneC Olympic Training Center 153.14 2.61 149.65 151.89 151.89 4.12 (31
Zone D Salt Creek I 204.24 119.58 199.59 202.58 202.58 163.83
Zone E- Telegraph Canyon 29.12 18.62 28.45 28.88 28.88 4.45
Chmmel(2)
(~)AII areas share in the cost of Otay Lakes Road medians and off-site parkways. Total Revenue=S185.986
(2)Portions of Eastlake IBC and Eastlake Greens are in benefit area.
(3~Revenue for all Zones included in overall Eastlake Maintenance District amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Engineer's Report to declare its intention to levy and collect
assessments for the FY 2003-2004 for the spread of assessments for City Eastlake Maintenance
District #1, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby set July 22, 2003
at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California as the date and time for the public hearing on said assessment.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said
assessment pursuant to Government Code Section 6061.
Presented by Approved as to form by
Cliff Swanson Ahn ~[¢~oore
Director of Public Works City Attorney
2
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/10/03
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. 07M
(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 No. 2 of such Community Facilities
District
B. Ordinance of the City Council of the City of
Chula Vista, California, amending Ordin~mce No. 2867 and
authorizing the levy of a special tax within Improvement
Area No. 2 of Community Facilities District No. 07M
(Eastlake - Woods, Vistas and Land Swap) pursuant to a
revised rate and method of apportionment of special tax
C. Resolution of the City Council of the City
of Chula Vista, California declaring the results of a special
election in territory area to be annexed to Community
Facilities District No. 07M Eastlake - Woods, Vistas and
Land Swap) and designated as Improvement Area No. 2
thereto
SUBMITTED BY: Director of EngineeringJ, oj~/
REVIEWED BY: CityManager~?. a0~ t, (4/5ths Vote: Yes No X)
On April i5, 2003 the City Council initiated the Community Facilities District No. 07M,
Improvement Area No. 2 change and modification proceedings and the annexation
proceedings by adoption of Resolutions 2003-149 through 2003-151. On May 20 and
2' 7, 2003, Council held the required public heatings and approved resolutions
authorizing submittal of the proposed levy of special taxes to qualified electors.
Elections were held on June 3, 2003, in the office of the City Clerk. The registered
property owners approved the change and modifications and the annexation by
unanimous vote in both elections. Tonight's action will conclude the formal proceedings
to modify the special tax rates and to annex territory into CFD No. 07M, Improvement
Area No. 2. Special Taxes levied within CFD 0TM fund the perpetual operation and
maintenance of slopes, medians and parkways and storm water treatment facilities
Page 2, Item G~
Meeting Date 6/10/03
associated with 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. Approve the resolution 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 No. 2 of such Community Facilities District,
2. Approve the ordinance amending Ordinance No. 2867 and authorizing the levy of
special tax Improvement Area No. 2 of Community Facilities District No. 07M
(Eastlake - Woods, Vistas and Land Swap) pursuant to the revised rate and
method of apportionment of special taxes, and
3. Approve the resolution declaring the results of a special election in territory area
to be armexed to Community Facilities District No. 07M Eastlake - Woods, Vistas
and Land Swap) and designated as Improvement Area No. 2 thereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
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.
Resolutions/Ordinance
There are two resolutions and an ordinance ~)n today's agenda, which, if adopted, will
accomplish the following:
The RESOLUTION DECLARING ELECTION RESULTS is the formal action of the
City Council declaring the results of a special election in Improvement Area No. 2 of
Community Facilities District No. 07M to authorize the modification of the rate and
method of apportionment of special taxes within Improvement Area No. 2.
The ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX is the formal
action of the City Council amending Ordinance No. 2867 and authorizing the levy of a
modified special tax rates within Improvement Area No. 2 of Community Facilities
District No. 07M
Page 3, Item --
Meeting Date 6/10/03
The RESOLUTION DECLARING ELECTION RESULTS is the formal action of the
City Council declaring the results of a special election in territory to be annexed to
Community Facilities District No. 07M, Improvement Area No. 2.
FISCAL IMPACT
All costs of the change and modification and 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
Attachment 1. Mahatenance District (CFD07M) Boundary Map
Attachment 2. Maintenance District (CFD07M hnprovement Area No. 2) Annexation Boundary Map
CFD07M
J. EnglneerkLANDDEV\CFD s\Eastlake-Ma n enance~A 3 dec ar ng resu ts drawl 2doc
A?"TACHMEN'f !
RESOLUTION NO. 2003-
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. 07M (EASTLAKE - WOODS,
V1STAS 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 NO. 2 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 desi=m~ate two improvement areas therein pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982." being Chapter 2.5, Part I,
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
Calilbrnia (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. 07M (EASTLAKE - WOODS, VISTAS AND
LAND SWAP) (the "District") and the Improvement Areas are designated as IMPROVEMENT
AREA NO. 1 and IMPROVEMENT AREA NO. 2; and,
WHEREAS, the qualified electors of each Improvemeut Area of the District, voting in a
special election held on August 13, 2002, approved the authorization to levy special taxes within
each hnprovement Area pnrsuant 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 hnprovement Area No. 2 shall be referred to as the "Existing Rate and Method");
and
WHEREAS, subsequent to the formation or' the District and such election, the EastLake
Company, the master developer of the property witbin hnprovement Area No. 2 of the District,
requested that the City Conncil, acting as the legislative body of thc District, initiate proceedings
to modify the Existing Rate and Method; 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 No. 2 a proposition
relating to the proposed modification of the Existing Rate and Method; 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 of the
Elections Code of'the State of Calitbmia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 0TM (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DOES HEREBY
RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all truc 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:
Cliff Swanson Ann Moore
Director of Engineering Cily Attorney
,l:Att~uncy~Rcso\('lq)\CFD Elcclion Results 0TM IA2
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. 07M
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
IMPROVEMENT AREA NO. 2
SPECIAL ELECTION
in said City, held June 3, 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 Measure in Improvement Area No. 2 of
such District in said City, and the totals of the respective columns and the totals as shown for the
Measure are full, true and correct.
VOTES CAST ON PROPOSITION A: YES
NO
WITNESS my hand and Official Seal this ~, -~ day of ',,~A-C,.,&~ ,2003.
CITY CLERK .:o
ELECTION OFFiCiAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING ORDINANCE NO. 2867 AND AUTHORIZING
THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE - WOODS,
VISTAS AND LAND SWAP) PURSUANT TO A REVISED 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 comnmnity 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. 07M (EASTLAKE -
WOODS, VISTAS AND LAND SWAP) (the "District") and the improvement areas therein are
designated as IMPROVEMENT AREA NO. 1 and IMPROVEMENT AREA NO. 2; and
WHEREAS, the City Council, acting as the legislative body of the District, previously
enacted Ordinance No. 2867 to authorize the levy o1~ special taxes within Improvement Area A
and Improvement Area No. 2 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 clection and received a favorable vote from the qualified electors of Improvement Area No. 2
authorizing the levy of special taxes therein pursuant to a revised 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. 07M (EastLake - 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 No. 2 pursuant to the
Revised Rate and Method of Apportionment of Special Taxes as set forth in Exhibit
attached hereto and incorporated herein by this reference (the "Revised Rate and Method").
SECT1ON 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 No. 2 for the then current tax year or fi~ture tax years; provided, however, the
1
special tax to be levied in Improvement Area No. 2 shall not exceed the maximum special tax
authorized to be levied pursuant to the Revised Rate and Method.
SECTION 3. The special taxes herein authorized to be levied within Improvement Area
No. 2, 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 No. 2 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, pemmnently satisfied and canceled in accordance with Section
53344 o£ 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, amend and supercede any
and all provisions of Ordinance No. 2867 pertaining to the authorization to levy special taxes
within Improvement Area No. 2 of the District. All provisions of Ordinance No. 2867 pertaining
to the authorization to levy special taxes within hnprovement Area No. 1 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.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
,2003;
ATTEST APPROVED AS TO FORM:
Cliff Swanson Ann Moore
Director of Engineering City Attorney
2
EXHIBIT A
REVISED
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07M,
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
IMPROVEMENT AREA NO. 2
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, 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
hnprovement 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-06-1 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-06-1 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 from 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
Ci0, of Chula Vista
Community Facilities Di~tric! No. 07M
EastLake Woo&, Vistas and Land Swap hwJrovement Area No. 2 Pa,ge A - I
Area B, including, but not limited to 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. 1 .b.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by
CFD-06-1 for Improvement Area B under the Act.
"Bond Year" means a one year period beginning on September 2''d in each year and ending on
September 1~' 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 fur the levy and collection of the Special Taxes.
"CFD-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.
"County" means the County of San Diego.
C/0' oj Chula I/i3ta
Communi(v Facilitiex Die, trier No. 07M
EastLake - Wood& gista.~ and Land Swap Improvement Area No. 2 Page A - 2
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building
permit for new construction was issued prior to March I 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 from time
to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the 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 annual Special Tax, determined in
accordance with the provisions of Section C, which ~nay 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' 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
ibr all Assessor's Parcels of Undeveloped Property within Improvement Area B.
City qf Chula Vista
Community Facilities District No. 07M
EastLake - Woo&, Vistas and Land Swa[~ lml)rovemen! Arer~ No. 2 Page A - 3
"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 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 Administrator
by reference to appropriate records kept by the City's Building Department. Residential Floor Area
fi)r 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-06-1 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.
"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.
city t~l~ ('hula Vista
Community Facilitie3 District No 0TM
Ea,¥tLake Woods, Vi,¥tax and Land Swa~z_~;rovcment Area No. 2 Pa~e A - 4
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor's Parcels o£ 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.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax £or each Assessor's Parcel o£ Residential Property or
Commercial Property shall be the greater of`d) the Assigned Special Tax described in Table 1
below or (2) the Backup Special Tax computed pursuant to b. below.
a. Assigned Spedial Tax
The Assigned Special Tax f`or 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 Assigned Special Tax
1 Residential Prop~erty $0.74 per square foot of
Residential Floor Area
2 Commercial Property $6,000 per Acre
b. Backup Special 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 be determined as follows:
For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of
Undevelqped 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:
Ctty of Chula Yista
CommuniO, Facilities District No. 07M
Ea.vtLake - Woodx, Vi,was and Land Swap Imp~vement Area No. 2 Page A - 5
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.
2. Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel classified, as Undeveloped
?roperty shall be $20,563 per Acre for Zone 3 and $6,667 per Acre for Zone 4.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall
detem~ine the Special Tax Requirement and shall Ievy the Special Tax until the amount of
CiO: c~f Chula Vis'ta
Comlntttlil)' Facilities District No. 0TM
EastLake - Woodx, Fistas and Land Swap hnprovement Area No. 2 Pa~e A - 6
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 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 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.
E. EXEMPTIONS
1. 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.
Ci(~: of Chula Vista
Community Facilities Dixtrict No. 07M
Ea,vtLak~, - kVoods, Vista~ and Land &~ap - Improvement Area No 2 Pa~e A - 7
2. 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 xvith 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 hcrein specified. The decision oF the Review/Appeal Committee shall be
final and binding as to all persons.
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-064, 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-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 (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 Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the
CFD 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 (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.
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):
('io; oj C'hula l/i,sta
Co~nmu~lity Facilities District No. 07M
EastLake - Woods, Fistas and Land Swap Improvement Area No. 2 Page A - 9
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Prepayment Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Step No.:
1. 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 Ammal Special Tax for that Assessor's Parcel using the
Maximum Annual Special Tax for Undeveloped Property.
2. Divide the Maximnm Annual Special Tax computed pursuant to paragraph I 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.
3. 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").
4. 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").
5. If all the Bonds authorized to be issued for Improvement Area B have not been
issued, compute the Future Facilities Costs.
6. 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').
Cio; (~[ CTmla l/ista
Cotnmuni~y Facilitiea Dixtric! No 0TM
EastLake - Woodx, IQ.vtas and Land Swap Improvement Area No. 2 Page A I0
7. 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.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current
Fiscal Year, which have not yet been paid.
10. 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. 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 10, from the date of prepayment until the redemption date
for the outstanding bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the
amount computed pursuant to paragraph l 1 (the "Defeasance Amount").
13. 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 from the balance in the reserve fund on the prepayment date, but in
no event shall such amount be less than zero.
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
Ci0' (~[ (Ttu& Vista
Community Facilitiex D£~trict No. 07M
Ea.~'tLake - Wao~ts, Yi.s'ta.s and Land Swap bnptvvement Area No. 2 Page
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 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 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 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 = (Pi~xF) + A
These temps have the following meaning:
PP= the partial prepayment
PF= 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.
Ci0, oj Chulo l/ista
Community Facilities Di~trkt Nc). 07M
Ea,~tLake Woods, Vistas and Land Swal; · lmprovement Area No. 2 __ Page A - 12
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 oxvner'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 ~vith 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-
06-1, 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 q] Chula Vista
Communi(3~ Facilities District No. 07M
EaxtLake - Wood~, Vistas anti Land Swa? Improvement Area No 2 Pa,ge A - 13
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN
TERRITORY AREA TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP)
AND DESIGNATED AS IMPROVEMENT AREA NO. 2 THERETO
WHEREAS, the CITY COUNCIL o£the CITY OF CHULA VISTA, CALIFORNIA (the
~;City Co~mcil"), has previously undertaken proceedings to annex certain property (the
~Annexation Area") to COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE -
WOODS~ VISTAS AND LAND SWAP) (the "District") and IMPROVEMENT AREA NO. 2
thereto ("lm?rovement Area No. 2") thereto pursuant to the terms and provisions of the "lVlello-
Roos Community Facilities Act o£ 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code o£ the State of Calitbrnia (the "Act") and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City o£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 red'erred to collectively as the "Community
Facilities District Law'); 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 measure voted upon and 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 ~vith the provisions of the Elections
Code o£the State of'California and to order that the Annexation Area be added to the District and
Improvement Area No. 2 thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING 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. 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 measure voted upon, and the number o£votes given for and/or against the
measure voted upon. A copy of said Certificate and Statement is attached hereto, marked
Exhibit ~'A", ret~renced and so incorporated.
SECTION 3. The City Clerk is hcrcby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter m the minutes the results of the election as set
forth m 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 No. 2 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 Ann Moore
Director of Engineering City Attorney
,I Attorney Reso,,('FD CFD 0TM IA2 AllllCX Map N~ i
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. 07M
(EASTLAKE - WOODS, VISTAS AND LAND SWAP)
IMPROVEMENT AREA NO. 2
ANNEXATION MAP NO. 1
SPECIAL ELECTIO~
in said City, held Jone 3, 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 Measure in said District in said City,
and the totals of the respective columns and the totals as shown for the Measure are full, true and
COITect.
VOTES CAST ON PROPOSITION A: YES '7
NO - o-
WITNESS nay hand and Official Seal this ~'- day of '~c~ ,2003.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
COUNCIL AGENDA STATEMENT
Item )~
Meeting Date 06/10/03
ITEM TITLE: Resolution Approving two Final "B" Maps of Chula Vista
Tract No. 02-05, Otay Ranch Village Six, including one Final Map for
Neighborhoods R-2A Unit 2 and R-2B Unit 2, and one Final Map for
Neighborhoods R~9A Unit 2 and R-9D. Accepting on behalf of the City of
Chula Vista, the easements granted on said Maps within said Subdivision,
acknowledging the Irrevocable Offer of Dedication for open space, approving
the Subdivision Improvement Agreements for the completion of improvements
required by said subdivision, and authorizing the Mayor to execute said
agreements.
Resolution Approving two Final "B" Map Supplemental
Subdivision Improvement Agreements for Chula Vista Tract No. 02-05, Otay
Ranch Village Six, Neighborhoods R-2A Unit 2 and R-2B Unit 2, and for
Neighborhoods R-9A Unit 2 and R-9D and authorizing the Mayor to Execute
Said Agreements.
SUBMITTED BY: Director of Engineering~
City Managerially (4/Sths Vote: Yes No X )
REVIEWED
BY:
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" Maps for Otay Ranch Village Six, Neighborhoods R-2A Unit
2 and R-2B Unit 2, and for Neighborhoods R-9A Unit 2 and R-9D the Subdivision Improvement
Agreements and Supplemental Subdivision Improvement Agreements.
RECOMMENDATION: That Council adopt the following:
1. Resolution approving the Final "B" Maps and the associated Subdivision Improvement
Agreements for Otay Ranch Village Six, Neighborhoods R~2A Unit 2 and R-2B Unit 2,
and for Neighborhoods R-9A Unit 2 and R-9D.
2. Resolution approving the Supplemental Subdivision Improvement Agreements for Otay
Ranch Village Six, Neighborhoods R-2A Unit 2 and R-2B Unit 2, and for Neighborhoods
R-gA Unit 2 and R-9D.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The projects are generally located south of Olympic Parkway and East of La Media Road within
Page 2, Item ]0
Meeting Date 06/10/03
the Otay Ranch Village 6 SPA area. The Final Map tbr Neighborhoods R-2A Unit 2 and R-2B Unit
2 includes 99 single family homes and consists of 100 numbered lots and 14 lettered lots, with a total
gross area of 21.310 acres (see Attachment 1). The Final Map for Neighborhoods R-9A Unit 2 and
R-9D includes 49 condominium units and 40 single family homes and consists of 44 numbered lots
and 8 lettered lots, with a total gross area of 9.375 acres (see Attachment 2).
These final maps have been reviewed by the Engineering and Planning Departments and found to be
in substantial conformance with the approved Tentative Map. Approval of these maps constitute
acceptance by the City of all easements within the Subdivision as shown on the maps.
The Developers have executed a Subdivision Improvement Agreements, which address the
improvements related to the Maps. The Developers have also executed a Supplemental Subdivision
Improvement Agreements (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
associations. Staff has reviewed said Agreements and determined that they satisfy all the applicable
tentative map conditions for final map approval and recommends Council approval.
The Developers have bonded for and agree to complete all on and off-site street improvements
required for the approval of these Maps within two years following maps approval, or sooner if
construction permits for the required improvements have been issued.
The Developer has paid its share of the current PAD tees and has provided an Irrevocable Offer of
Dedication of Fee Interest in parkland in partial satisfaction of its obligation for community parks.
The Developers has provided separate easements for trails access as required in the tentative map in
Neighborhood R-2A Unit 2.
These maps have 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. Developers have paid all costs associated with the proposed
"B" Maps and the Agreements.
Exhibits and Attachments:
Attachment 1: Plat Chula Vista Tract 02-05, Otay Ranch, Village Six, Neighborhoods R-2A Unit 2 and R-2B
Unit 2.
Attachment 2: Plat - Chula Vista Tract 02-05, Otay Ranch, Village Six, Neighborhoods R 9A Unit 2 and R-9D.
Attachment 3: Developer's Disclosure Statement, Village Six, Neighborhoods R-2A Unit 2 and R-2B Unit 2.
Attachment 4: Developer's Disclosure Statement, Otay Ranch, Village Six, Neighborhoods R-9A Unit 2 and R-
9D.
Exhibit A: Village Six Neighborhoods R-2A Unit 2 and R-2B Unit 2 SlA.
Exhibit B: Village Six Neighborhoods R-2A Unit 2 and R-2B Unit 2 SSIA.
Exhibit C: Village Six Neighborl~oods R-9A Unit 2 and R-9D SIA.
Exhibit D: Village Six Neighborhoods R-9A Unit 2 and R-9D SSIA.
J:\engineer\aGENDA\OR R-2A R2B R9A & R-D, rev.doc
05/19/2003 13:51 619641591B LUNDSTRC]M PAGE 02
ATTACHMENT ~__~
CHULA VISTA TRACT NO. 02-05
OTAY RANCH
VII,IAGE 6 UNIT 1 PA
tBORHOOD R-9A UNIT NO. 2 & R~-9D
10
R-9D
11
5 R-9A UNIT 2
I 4
R-ZB
R-OA UN]7' 'J
,~ .7 2 17
"~ R-TA R-TB CPF-'I
14
18
15
]SAEER
~SOCIAT~S "~"
,,.o. '"~ S.y 0 400 80
~ ~ SCALE 1 "= 400
C~ O~R~Y EXHIBIT SHT R-gA-2 - W.O. 25-~30 DTA Y RANCH ~ MAP 882
1Z-03-Z00Z 0g:03~m From- T-,4Tg P.002/003 F-51~
~ACH~ENT
~ CITY O~ C~
~su~ ~ ~o Co~c~ Policy I01-01, ~or ~o ~y ac~on upon ~ w~h ~ll ~q~e ~s~on~ actwn
by ~e ~ ~o~cil, Pla~E Co~s~on ~ gl oth~ official bo~s afdc ~, a s~t of di~lo~c of
2.
individuals wi~h a $1000 invca~t ~ ~ b~ess (co~fi~p~s~P) ~-
.
a~y p~rson ~ing aa ~c~r of the non.profit or~t~ ~ ~ ~ or b~eficia~ or ~stor of
~n~autors you have assi~ed ~o r~r=s~ you before the Ci~ in ~is ~.
~ any p ..... ~:. _~.~,,~,N~ ~e ~ast 12 mon~'~
ifY~s~ br{e~]y d~rib~ ~ n~ of ~h~ fm~i~l retest ~e official=" may ~v~ in ~bi~ ~on~act,
~w ~ m~dc ~ ~on~bu~on of mo~ than 1~50 ~ti~ te p~ ~lvc (12) monks to a
mem~r of~ ~a Vista Ci~ ~cil? Y:s~o~ IfY~, w~oh Co.oil m~mb~?
7. Ha%~a yo~ or ~y member of yo~ ~ov~in~ board (i.e. Co~o~ Board of
~.~ ?:~:,,~t Boar~ of Dkcc~rs m~d~ ~on~u~s ~i~ mo~ than $1,0~ ov~ the past fo~ (4)
~ea:s :c. a c~nt m~ber of ~e ~u~ Vista CiW ~uncil? y~o~If Yes, ~ch
~v~ J'ou provided m~e ~an $300 (or ~ it~ of cqUival~t ~lu~) to an official~* of thc C[~ of
Ch~ls Vis~ ~ ~ p~st twelve (12) months? (~is ~olud~ b~ng a so~e of ~comc, mon~ to
r~r~ $ ~egal deb% gi~ loan, ~o_) Y~s ~ No ~ If Yes, wMch official'"
n~U~ of i~ ~ovided 7
~:~ i~t
dis~Q or o~r ~Eg~l ~bdi~s~o~ -or ~y ~ ~oup or c~ma~ a~ as a ~
** ' Official inoludea~ but is not limited to: Mayo% Co~il m~m~, Pl~ing Co~,=~,issi~, Memb~
of a b°~ commiasion, ~r oommi~ of~ CiW, ~ploy~e~ or s~
~ D
H:~0MEtENG~E~CO~C~ISCLOSE ~
lO-b
CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contributions on all matters which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the
Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier, etc.
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.
If any person* identified pursuant to (1) above is a 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 trastor 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~ If yes, please indicate person(s):
5. Please identil~ each and every person, including agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City ia this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the
current or preceding election period? Yes~ Nos If yes, state which Council member(s):
* * * (NOTE: Attach Additional P~ges~ Necessary) * * *
Date:
Signature of Contractor/Applicant
Printed or Typed 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, this and any other county, city, or country, city
municipality, district, or other political subdivision, or any other group or combination acting as a unit."
H:\HOME~ENGINEER\LANDDEV~Fonns-OfficiaI~vlisc~Disclosure Statementdoc
RESOLUTION NO. 2003-
RESOLUTION APPROVING TWO FINAL "B" MA:PS OF CHULA VISTA
TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, INCLUDING ONE
FINAL MAP FOR NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2,
AND ONE FINAL MAP FOR NEIGHBORHOODS R-9A UNIT 2 AND R-
9D. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE
EASEMENTS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISION, ACKNOWLEDGING THE IRREVOCABLE OFFER OF
DEDICATION FOR OPEN SPACE, APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS.
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,
NEIGHBORHOODS R-9A UNIT 2 AND R-9D and more particularly described as follows:
A subdivision of Lots 10 and 11 of Chula Vista Tract No. 02-05, Otay Ranch, Village 6 Unit 1
"A" Map No. 1, in tine City of Chula Vista, County of San Diego, ~taf~ 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: 9.375 Acres No. of Lots: 52
Numbered Lots: 44 Lettered Lots: 8
Public Open Space Lots: none
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 shoxvn on this map within this subdivision, subject to the
conditions set forth thereon.
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 generaI 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.
BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated
the for the completion ofinrprovements in said subdivision, copy
of which is on file in the office of the City Clerk as Document No. , is hereby approved.
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,
NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2 and more particularly described as follows:
A subdivision of Lots 4 and 5 of Chula Vista Tract No. 02-05, Otay Ranch, Village 6 Unit 2
"A" Map No. 1, in the City of Chula Vista, County of San Diego, State of California, according
to map thereof No. 14447, filed in the Office of the County Recorder of San Diego County,
September 18, 2002.
Gross Area: 21.310 Acres No. of Lots: 114
Numbered Lots: 100 Lettered Lots: 14
Public Open Space Lots: 3.113 Acres
is made in the manner and Ibrm prescribed by law and conlbnns 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, and wall maintenance easements, 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 bas acknowledged on behalf of the City of Chula
Vista the Irrevocable Offer of Dedication of Fee Interest in lot "M" 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 tbe 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 ger/eral 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.
BE IT FURTHER RESOLVED that City Clerk be and sbe is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the
for the completion of improvements in said subdivision, 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 both agreements for and on behalf of the City of Chula Vista.
Presented by: Approved as to form by:
Cliff Swanson Anr~(~e ~5/
Director of Engineering 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
:r Ann Moore
City Attorney
Dated: (~ _ > - o_~
Subdivision Improvement Agreement between the City of Chula Vista
and Otay Ranch Seven, LLC and Otay Ranch R2A, LLC for subdivision
Otay Ranch Villag~ 6 Neighborhood R-2A Unit No. 2, R-2B Unit No. 2
(CVT 02-05)
!0
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
SUBDMSION 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 SEVEN, LLC, a California limited liability company, located at 270 Newport
Center Drive, Suite 200, Newport Beach, CA 92660, and OTAY RANCH R2A,.LLC, a
California limited liability company, located at 280 Newport Center Drive, Suite 240, Newport
Beach, CA 92660, hereinafter collectively 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
OTAY RANCH VILLAGE 6 NEIGHBORHOOD R-2A UNIT NO. 2, R-2B LrNIT NO. 2 (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 the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 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. 03015-01 through 03015-11, inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the mount of
ONE MILLION TWO HUNDRED N1NETEEN THOUSAND SEVEN HUNDRED FWTY-
FIVE DOLLARS AND NO CENTS ($1,219,755.00).
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 therefore, all in strict conformity and in ac6ordance with
the plans and specifications, which documents have heretofore been filed in the Office 6f 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
-2-
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 imprc~vements 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 fi-om a
sufficient .surety, whose sufficiency has been approved by the City in the stun of SIX
HUNDRED NINE THOUSAND EIGHT HLrNDRED SEVENTY-SEVEN DOLLARS AND
'FIFTY CENTS ($609,877.50) which security shall guarantee the faithful performance of this
'contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security fi-om a
sufficient surety, whose sufficiency has been approved by the City in the sum of SIX
HUNDRED NINE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN DOLLARS AND
FIFTY CENTS ($609,877.50) 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 FIFTEEN
THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($15,100.00) 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
ageed 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
-3-
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. 'It is also expressly a~eed 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 en~neering 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 En~neer 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, xvater and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee ail 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 tlais 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 para~aph. 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
ali of these conditions shall not constitute the assumption by City of any responsibility for such
-4-
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider a~ees 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 le~slative 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 assigmnent 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
orig/nal 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 EMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 6
(CVT 02-05)
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 OTAY RANCH SEVEN, LLC
a California limited liability company
Mayor of the City of ChulaVista
OTAY RANCH R2A, LLC
a California limited liability company
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia ~ ss.
County of ~
On J~,,k'"~ Z/'~/,''''/~''~/6'" before me ~~ ~
personally appeared ~(~ ~ ~
~rsonally known to me
~ proved to me on the basis of sa~sfacto~
evidence
~--~ ~ - ;~-- ~ to be the pemon(~hose name{~is/ar~
~LUC ~C subscribed to the within ~nstrument and
~ ~ Notar~ Pu~c - C~ifomia ~ acknowledged to me that ~she/t~ executed
]~ ~a~ ~a CCu~ [ the same in ~/her/t~r authorized
] _~ yZ~;~13~[ capacity(~), and that by ~her/t~
signature(~on the instrument ~e pemon(~or
the enti~ upon behalf of which the person~
~ecuted the instrument.
WITNESS my hand and offi~al s~l.
Doseription of ~aehed Document
~tle or Tgpo of Documant:
Docum~n~ Da~: ~umbor of
Signor(s) ~h*r lhan ~amed
Capaei~(i~) Claimed b~ Si~n~r
~ Pa~ner-- ~ Limited ~ General
~ Aaomey-in-Fa~
~ Trustee
~ Guardian or Conse~ator
~ O~e:
Signer Is Representing:
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $609,877.50
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $609,877.50
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $15,100.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:~Ariorney\SIA\OR V6 R-2A U2, R-2B U2
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:
Subdivision Improvement Agreement between the City of Chula Vista
and Otay Ranch Nine, L.~.C~ for subdivision Otay Ranch Village 6 Unitll
Neighborhood R-9A Unit No. 2 and R-9D (CVT 02-05)
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
OTAY RANCH NINE, LLC, a Delaware limited liability company, located at 270 Newport
Cent. er Drive, Suite 200, Newport Beach, CA 92626, hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals constitute a part of this A~eement;
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 UNIT 1 NEIGHBORHOOD R-gA UNIT NO. 2 and R-9D (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 the Chula Vista Municipal Code, a~eeing to install and complete, flee of liens at
Subdivider's own expense, ail 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. 03054-01 tt~rough 03054-10, 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
EIGHT HUNDRED TWENTY-TWO THOUSAND THREE HUNDRED THIRTEEN
DOLLARS AND NO CENTS ($822,313.00).
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 En~neer, 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 a~eed 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 sins have not been installed.
3. It is 'expressly understood and a~eed 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 bereinabove, 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
-2-
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 strncmres 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 a~eed 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 secuhty from a
sufficient surety, whose sufficiency has 'been approved by the City in the sum of FOUR
HUNDRED ELEVEN THOUSAND ONE HUNDRED FIFTY-SIX DOLLARS AND FIFTY
CENTS ($411,156.50) which security shall guarantee the faithful performance of this contract by
Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR
HUNDRED ELEVEN THOUSAND ONE HUNDRED FB?'TY-SIX DOLLARS AND FIFTY
CENTS ($411,156.50) to secure the payment of material and labor in connection with tbe
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 a~eement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of TEN
THOUSAND DOLLARS AND NO CENTS ($10,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said .subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished 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 a~eed 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 ~igms 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 sexver lines within the proposed
subdivision. It is further understood and a~eed 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 indenmitee, 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 para~aph. 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
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
-4-
effect for ten (10) years following the acceptance by the City of the improvements.
14. Si~bdivider agrees to defend, indemnify, and hold harmless the City or its agel~ts,
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 S~bdivider, 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
ori~nal securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assi~munent will be in a form approved
by the City Attorney.
S 1GNATUT,_E PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 6
(CVT 02-05)
IN WITNESS WHEREOF, the par~ies hereto have caused this a~eement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA OTAY RANCH NINE, LLC
a Delaware limited liability company
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
-6-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia '[ ss.
County of ~
On ~'"t c~'"'~
personally appeared
E~ersonally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(r,.).-whose name(,rP/-is/am-
subscribed to the within instrument and
'~:?~" NO ~a acknowledged to me that he/she/the~j/-executed
the same in h~s/h er/t~fl' authorized
capacity(ip..s), and that by I'ris'/her/.the~
signature(s) on the instrument the person(~')', or
the entity upon behalf of which the person('~-
acted, executed the instrument.
OPTIONAL
Tl~ugh ~he ~nformab~n below is n~t required by/aw, i~ may prove valuable to persons relying on the d~cument and could prevent
Description of Attached Document
'i~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
[] Individual 'rap o~ ~umb hare
[] Corporate Officer--Title(s):
[] Partner -- ~ Limited [~ Genera[
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Othen
Signer is Representing:.
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $411,156.50
Exkibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $411,156.50
Exhibit "C" Improvement Security - Monuments:
Form: Bond
.amount: S 10,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement A~eement.
J:~Anomey~,SIA\OR V6 R-9A & R-9D
RESOLUTION NO. 2003-
RESOLUTION APPROVING THE TWO FINAL MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENTS FOR CHULA VISTA TRACT NO. 02-05,
OTAY RANCH VILLAGE SIX, NEIGHBORHOODS 2-RA
UNIT 2 AND R-2B UNIT 2 AND FOR NEIGHBORHOODS R-
9A UNIT 2 AND R-9D AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
WHEREAS, the developer has executed the Supplemental Subdivision
improvement Agreements in order to satisfy unfulfilled conditions of Resolution
No. 2002-344 for Chula Vista Tract No. 02-05; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby approve the two Final Map Supplemental Subdivision
Improvement Agreements for Chula Vista Tract No. 02-05, Otay Ranch Village
Six, Neighborhoods R-2A Unit 2 and R-2B Unit 2, and for Neighborhoods R-9A
Unit 2 and R-9D Unit 2, copies 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 both agreements for and on behalf of
the City of Chula Vista.
Presented by Approved as to form by
Director of Engineering City Attorney
.hAtlorncy~Reso\SSIA\SSlA ]WO FINAL MAP ('VI' 02415
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:
Supplemental Subdivision Improvement Agreement for Otay Ranch
Village Six Nieghborhoods R-2A Unit 2 and R-2B Unit 2 between
The City of Chula Vista and Otay Project, L.P. and Otay Ranch
R 2A, LLC
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
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY
RANCH VILLAGE SIX NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2
(Conditions: 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 17, 18, 19, 20, 22, 24,
25, 30, 31, 33, 34, 35, 47, 48, 50, 51, 53, 54, 60, 62, 66, 69, 70, 81,
93, 95, 104, 105, 106, 107, 110, 111,116, 121, 123,128, 129, 130,
132,134, 135, 142, 154, 155, 156, 157, 158, 164, 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 Project, L.P., a
Delaware Limited Liability Company, Otay Ranch Seven, LLC, A California Limited Liability
Company, and Otay Ranch R2A, LLC, a Califomia Limited Liability Company, (collectively referred
to as "Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute
a part of this Agreement:
RECITALS
A. This Agreement concet~s and affects certain real propertylocated in Chula Visfa, 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
1
the Property, more specifically known as Otay Ranch, Village Six, Neighborhoods R-2A Unit 2 and
R-2B Unit 2.
B. On October 24, 2002, Otay Project L.P. conveyed title to Neighborhood R-2A Unit 2 to
Otay Ranch R2A, LLC. On September 25, 2002, Otay Project L.P. conveyed title to Neighborhood
R-2B Unit 2 to Otay Ranch Seven, LLC.
C. Developer and/or Developer's predecessor in interest has applied foe and the City has
approved Tentative Subdivision Map coinmonly 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, Neighborhoods R-2A Unit 2 and R-
2B Unit 2 as being in substantial conformance with the Tentative Subdivision Map described in this
Agreement. Developer understands that subsequent final maps maybe subject to the same security,
terms and conditions contained herein.
F. "Notice of Decision" means the Design Review Committee findings and conditions for case
numbers DRC-03-05 for Neighborhood R-2A, and DRC-03-19 for Neighborhood R-2B.
G. The City has adopted an Agreement for Monitoring of Building Permits, Resolution 2003-
067 on April 15, 2003, ("Allocation Agreement"), pursuant to which the number of building permits
within the Tentative Subdivision Map is limited prior to the construction of SR-125.
H. 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 f'mal map for Otay
Ranch, Village Six, R-2A UNIT 2 and R-2B UNIT 2.
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 ofthe map. This includes Otay Project L.P. 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.
2
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.
5. "R/VIP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RNfP 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 set forth in Condition Nos. 10, 19, 20, 48, 116, and 156 of this
Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that
all such obligations remain a covenant running with the land as set forth more particularly in
paragraph 2 of this Agreement below. The City in its discretion will make a good faith effort to
execute on bonds securing 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 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. Developer must
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 right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
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 Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
4
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. Condition No. 2 - (General Preliminary). In satisfaction of Condition No. 2 of thc
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; Otay Ranch General Development Plan, 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 (E]R 98-01); Design Review Committee
findings and conditions for ease number Notice of Decision DRC-03-05 for Neighborhood R-2A,
and DRC-03-19 for Neighborhood R-21~, 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 shall 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 ~rc, 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 fi.om 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 fi.om 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 (Village Six SPA). 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 and the Otay Ranch General
Development Plan (GDP), the Developer agrees to participate in the funding of 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 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. 9 - (Building Permits Monitoring Program). In satisfaction of
Condition No. 9 of thc Resolution, and pursuant to the Allocation Agreement, the Developer
acknowledges and agrees to comply with the Allocation Agreement which limits the number of
building permits issued in the Tentative Subdivision Map within time periods as set forth in Exhibit
"B" of the Allocation Agreement and not seek building permits in excess of the limits.
10. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the 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 thc City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
11. Condition No. 11 - (General Preliminary). In satisfaction of condition No. I 1 of
the Resolution, 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.
12. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the
Resolution, the 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.
13. Condition No. 13 - (Environmental). In satisfaction of condition No. 13 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California
State Water Resources Quality Control Board.
14. 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 Two, Range
Management Plan to the satisfaction of the Director of Planning and Building.
15. Condition No. 18 - (Agricultural Plan). In partial satisfaction of condition No. 18
of the Resolution, prior to the approval of each final "B" map for the Project, the Developer shall
comply and shall continue to comply with all requirements of the Village Six SPA Plan Agricultural
Plan.
16. Condition No. 19 and 20- (Environmental). In satisfaction of Condition Nos. 19
and 20 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 consistent with the Phase 1 and 2 RMP guidelines until such time
when the POM has accepted the conveyance property.
17. Condition No. 22 - (Noise Barrier Plan). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees that should the Developer request modification of the approved
wall and fence plans, Developer agrees to provide additional acoustical analysis if required by the
Director of Planning and Building. The Developer further agrees that the noise barriers shall be
constructed within dedicated open space lots and shall not be constructed on private property.
18. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the
Resolution, the Developer agrees that unless required 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 Planning and Building that the applicable noise
standards will be achieved by a modified design.
19. 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.
20. Condition No. 30 - (Sign Plans). In satisfaction of condition No. 30 of the
Resolution, the Developer agrees to abide by and implement the conditions of approval of the
Planned Sign Program PSP-03-02, to the satisfaction of the Director of Planning and Building and
the City Engineer. The Developer further agrees that any proposed monumentation/signage shall be
consistent with the Village Six Village Design Plan and shall be reviewed and approved by the
Director of Planning and Building prior to the installation of monument signs.
21. Condition No. 31 - (Sign Plans). In partial satisfaction of condition No. 31 of the
Resolution, prior to issuance of the first building permit, Developer agrees to post temporary signs
indicating the future land use(s) on all neighborhoods within the project. The Developer further
agrees that temporary signs shall be maintained in place until such time as a project is approved for
any such future land use site.
22. Condition No. 33 - (Planting Trees). In satisfaction of condition No. 33 of the
Resolution, The Applicant shall plant trees within said parkways which have been selected fi.om the
list of appropriate tree species described in the Village Six Design Plan, Village Six SPA Plan and
Landscape Master Plan and shall be approved by the Directors of Planning and Building, Building
& Park Construction and Public Works. The Applicant shall provide root barriers and deep watering
irrigation systems for the trees, as approved by the Director Building and Park Construction and the
Director of Public
23. Condition No. 34 - (Street Trees). In satisfaction of condition No. 34 of the
Resolution, the Developer agrees to install all street trees in accordance with Section 18.28.10 of the
Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved
by the Director of Planning and Building. Street trees, which have been selected from the revised
list of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and
Director of Public Works. Prior to the installation of any dry utilities, including but not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the location of all future street trees, which will be subject to the review and
approval of the Director Building & Park Construction and the Director of Planning & Building.
Prior to any utility installation, wood stakes shall be placed by the Developer on site according to
approved preliminary street tree plans and shall be painted a bright color and labeled as future street
tree location. Developer further agrees to provide City documentation, acceptable by the Director
$
Building & Park Construction and the Director of Planning and Building, that all utility companies
have been given notice that no dry utility line shall be located within five feet of the wood stake in
any direction. Developer will maintain street tree identification stakes in location as shown on
approved preliminary plans until all dry utilities are in place. A street tree improvement plan,
including mailbox locations, shall be submitted for review and subject to the approval of the
Director of Planning and Building and the City Engineer prior to or concurrent with the second
submittal of street improvement plans within the subdivision. Approval of the street tree
improvement plans shall constitute final approval of the selection of street trees for the street
parkways.
24. Condition No. 35 - (Cart and Off-street Bicycle Signage). In satisfaction of
condition No. 35 of the Resolution, the Developer agrees to install signs for cart and/or off-street
bicycle circulation using signs approved by the Traffic Engineer. Said signs shall comply with
applicable traffic control devices placed in the public right -of-way, to the satisfaction of the Traffic
Engineer. The Developer shall install approved signs concurrent with related improvements or as
otherwise requested by the City.
25. Condition Nos. 47, 48, and 123 - (Landscape and Irrigation and Public Facilities).
In partial satisfaction of Condition Nos. 47, 48, and 123 of the Resolution Developer hereby agrees as
follows:
a. Improvements: Developer agrees to construct the Improvements in and
adjoining said subdivision and as shown on the Drawings set forth on Exhibit "B" 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 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
by this reference are incorporated herein and made a part hereof. Developer shall complete
construction of the 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 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 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.
i. Bonding.
1. Developer agrees 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 socurity from a sufficient surety, whose sufficiency has
been approved by the City Engineer and City Attorney in the sums as set forth on Exhibit "B",
which security shall guarantee the faithful performance in connection with the installation of the
Improvements as shown on Exhibit "B".
2. Developer agrees 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 Exhibit "B" to secure the payment of material and labor in connection with the
installation of said Improvements, which security is shown on Exhibit "B".
3. Developer acknowledges and agrees that if the Improvements are not
completed within the time agreed herein, the sums provided by said improvement securities maybe
used by City for the completion of the Improvements in accordance with those approved plans and
specifications contained on Exhibit "B", or at the option of the City, for those improvements shown
on Exhibit "B" that are less than, but not greater to, the sums provided by said 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 (including a reasonable allocation of overhead), and any proceeds from the
improvement security.
ii. 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 therefore.
iii. 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 Improvements
plans and installation of Improvements described above, as required by City arfd 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.
iv. Maintenance Costs. Developer understands and agrees that until such time as
all of the 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, such streets and any
alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall
10
guarantee all of the Improvements for a period of one year fi:om 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.
b. Indemnification Developer further understands and agrees that City, (as
"Indemnitee") or any officer or employee thereof, shall not be liable for any bodily inj mD', 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 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 expcmse
(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 ar/sing
out of Developer's construction of the 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 fi:om 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 Improvements
provided, however, that Developer shall have no obligation to indemnify, defend or hold Indemnitee
or any officer or employee thereof harmless fi-om any such losses, claims, demands, damages,
causes of action, liability, costs and expenses to the extent that they have ar/sen 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 fi.om owners of such adjacent or downstream properties as a
result of construction of the 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 Improvements.
The approval of plans for the 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 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.
c. Otay Lakes Road Widening
With reference to Facility No. 13 of Table "A' of Condition No. 48 of the Resolution, the
Developer shall construct or enter into an agreement to construct and secure the widening of Otay
Lakes Road between East "H" Street and Telegraph Canyon Road with the approval of the final
map containing the 944th dwelling unit if State Route 125 is not constructed prior to said map
approval. The Developer acknowledges and agrees that this Final Map contains the 944th dwelling
un]t, thereby triggering the requirement to enter into an agreement to construct and secure Facility
13 as set forth in Exhibit "B'.
The Developer shall complete plans and specifications for Facility 13 and thereafter commence
construction within 90 days of written notice from the Director of Engineering to submit the final
Facility 13 plans for approval. "Commence Construction" means when a construction permit or
other such approval has been obtained from the City or a construction contract has been awarded for
Facility 13, whichever occurs first. Developer shall complete the construction of Facility 13 in
accordance with this paragraph on or before one year after issuance of a construction permit or other
such approval for the Facility.
The Developer further acknowledges and agrees that there shall be no assignment of credit, pursuant
to Municipal Code Chapter 3.54 - Transportation Development Impact Fee ("TDIF"), to building
permits within the Tentative Subdivision Map, or any other of the Developer's projects, for that
portion of the TD~ attributable to Facility 13 unless and until construction commences on Facility
13. Should the Director of Engineering not issue said notice to submit final plans on or before the
first anniversary of this Agreement, the Director of Engineering may, at his own discretion, release
the secnfity for Facility 13 as set forth in Exhibit "B" upon written request fxom the Developer.
26. Condition No. 50- (PFDIF). 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.
27. Condition No. 51 - (Traffic Signals). In partial satisfaction of condition No. 51 of
the resolution, the Developer agrees to construct and secure fully activated traffic signals, including
interconnected wiring intersections of Magdalena Avenue and Birch Road, and Birch Road and La
Media Road, Santa Venetia and La Media, and Santa Venetia and Magdalena. The Developer agrees
12
to fully design the aforementioned traffic signal in conjunction with the improvement plans for the
related streets. The developer agrees to install underground improvements, standards and luminaries
in conjunction with the construction of the applicable street improvements.
28. 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 t~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:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Depashnent. Any
temporary water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the Department of Engineering.
Temporary street signs shall be subject to the approval of the Department of
Engineering and Fire Department. Locations and identification of temporary street
signs shall be subject to review and approval by the Department of Engineering and
Fire Department.
29. Condition No. 54 - (Fire Hydrants). In satisfaction of condition No. 54 of the
Resolution, Depending on the location of improvements such as cul-de-sacs, alleys, driveways or
when special circumstances exist in a subdivision design, as determined by the Fire Marshal, the
applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire
Department.
30. 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.
31. 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 as approved by the City Engineer. 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
COlurnenced.
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32. 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:
a. 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 developer 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.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities traverse public streets.
33. Condition No. 69 - (Street Names). In satisfaction of condition No. 69 of the
Resolution, prior to approval of each final map, Developer agrees to install permanent street name
signs, and agrees to install such signs prior to the issuance of the first building permit for production
homes for the applicable final map.
34. Condition No. 70. - (Traffic Count Stations). In satisfaction of condition No. 70 of
the Resolution, Developer agrees to construct and secure the installation of permanent traffic count
stations, subject to the approval of the City Engineer, as indicated as follows, one count station at each
of the following streets: La Media Road, Olympic Parkway, Birch Road, and at such additional
stations as directed by the City Engineer. The traffic count stations shall be installed concurrent with
the installation of related improvements at such specific locations as determined bythe City Engineer.
35. Condition No. 81 - (NPDES). In satisfaction of condition No. 81 of the Resolution,
the Developer agrees to the following:
a. That 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 (NPDES) permit
3_4
requirements for urban rano ff and storm water discharge and any regulations adopted
by the City of Chula Vista pursuant to the NPDES regulations or requirements;
b. 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 grading activities;
c. That 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. 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;
e. To design the Project's storm drains and other drainage facilities to include Best
Management Practices to m/nimize 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
g. To 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.
36. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of
the Resolution, prior to the approval of the first map for the Project, or issuance of the first grading
permit for the Project, whichever occurs earlier, Developer agrees to the follow'rog:
a. 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.
b. 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 fi:om 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.
c. 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.
d. To not 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 a waiver of the right to challenge the amount of any assessment, which may
be imposed due to the addition of these improvements and shall not interfere with
the right of any person to vote in a secret ballot election.
Such Developer obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer.
37. 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.
38. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition
No. 104, upon request of the Director Building and Park Construction, 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.
39. Condition No. 105- (View Fence). In partial satisfaction of condition No. 105, the
Developer shall install View Fencing at the ends of all open cul-de-sacs where a sound wall is not
required. Developer acknowledges and agrees that all walls shall be constructed pursuant to EIR 98-
01 and the Village Six SPA Plan contemporaneously with construction of the project's sound walls.
40. Condition No. 106 - (HOA Maintenance Agreemen0. In partial satisfaction of
condition No. 106, within 90 days of approval of this Final Map, Developer shall enter into a
maintenance agreement and grant easements as necessary for landscaping and improvements
mainta'med by a Homeowners Association within City right-of-way or such other public areas required
-. (/
by the City.
41. 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 Chula Vista
Landscape Manual and Grading Ordinance, as maybe amended fiom time to time. Applicant shall
commence installation 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 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 Planrfing and Building
42. Condition No. 110- (Certificate of Deposit). In satisfaction of condition No. 110 of
the Resolution, prior to the issuance of a building permit for the 250~ dwelling unit for the Project, the
Developer agrees to provide the City with either a letter of credit or a certificate of deposit naming the
City as beneficiary in the sum equal to two-thirds of the full cost of park P- 1 conslruction, pursuant to
the PAD Fees in effect at that time. The letter of credit or certificate of deposit shall be in a form
acceptable to the City. The letter of credit or certificate of deposit shall be released upon applicant's
fulfillment of its obligation for the park 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.
43. Condition No. 111 - (IOD of Park P-l). In satisfaction of condition No. 111 of the
Resolution, the Developer agrees that Park site (P- 1) shall include public access to the satisfaction of
the Director Building and Park Construction. The park net acreage and the park Parkland Dedication
Ordinance (PLDO) credit to be received by the Developer is based on net usable park acreage as
determined solely by Director Building and Park Construction. Upon request fiom the Director
Building and Park Construction, 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.
44. Condition No. 116- (Securing and Constructing Trails). In partial satisfaction of
condition No. 116 of the Resolution, the Developer shall construct the following trails:
i. A 6' wide neighborhood trail connector within a 12' easement from the
Orinda Court cul-de-sac in R2a down to La Media Road.
ii. A 6' wide neighborhood trail connector w/thin a 12' easement from the
Castaic Place cul-de-sac in R-2b down to Birch Road.
45. Condition No. 121 - (Signage Plans Approval). In satisfaction of condition No.
17
121 of the Resolution, the applicant shall obtain the approval of the Director Building and Park
Construction for appropriate signage indicating location of trail connections, handicap access, and
bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Developer
agrees to include on the Landscape and Irrigation Improvement Plan additional signage not
currently included on the Plan. Developer acknowledges and agrees that signage shall be installed
upon the request of the Director Building and Park Construction and Director of Planning and
Building.
46. Condition No. 128 - (Maintenance Responsibility of MHOA). In satisfaction of
condition No. 128 of the Resolution, Developer acknowledges and agrees that 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 annual 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.
47. Condition No. 129 - (Common Usable Open Space). In partial satisfaction of
condition No. 129 of the Resolution, the Developer agrees that Lot CPF-5, Common Usable Open
Space areas as described in the Chula Vista Design Manual, shall be landscaped, graded and contain
amenities to the satisfaction of the Director of Building and Park Construction. Developer
acknowledges and agrees that construction shall be completed prior to the issuance of the final
building permit in either Neighborhood R-2A Unit 2 or R-2B Unit 2, whichever occurs earlier.
48. Condition No. 130 - (Minimum Usable Area for CPF-5 and CPF-6). In
satisfaction of condition No. 130 of the Resolution, the Developer agrees that Lots CPF-5 and CPF-
6 shall have a minimum usable area of 0.8 acre each and shall be maintained by the Master Home
Owner's Association and will, therefore, receive CPF credit.
49. Condition No. 132 - (Walls Adjoining Open Space District). In satisfaction of
condition No. 132 of the Resolution, Developer shall ensure that all buyers of individual tots
adjoining open space lots, containing 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 into the CC&R's for all lots.
50. 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.
51. 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
3_8
Facility District (CFD), the Developer has placed a cash deposit 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
mount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to
City standaxds for a period of six months, (''Minimum Deposit Amount"), as determined 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:
a. 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;
b. 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.
52. Condition No. 142 - (Easements). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees to design landscape and irrigation plans such that street tree
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.
53. Condition No. 154 - (Supplemental Agreement). In satisfaction of condition No.
154 of the Resolution, the developer agrees to the following:
a. That the City may withhold building permits for the Project if any one of the
following occurs:
i. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended from time to time, have been reached or in order
to have the Project comply with the Growth Management Program, as may
be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with 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.
3_9
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.
b. 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 Commission, City Council or any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies the Applicant of
any claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
c. Permit all cable television companies franchised 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 enforceable by, the City of Chula Vista,
conditional access to cable television conduit within the properties situated within
the final map only to those cable television companies franchised by the City of
Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Develope['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.
Developer hereby conveys to the City of Chula Vista the authority to enforce
2O
said covenant by such remedies as the City determines appropriate, including
revocation of said grant upon determination by the City of Chula Vista that they
~,,~::., .- have violated the conditions of grant.
d. That the City may withhold the issuance of building permits for the Project, should
the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach
e. Hold the City harmles~ from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
54. Condition No. 155- (Congestion Management & Regional Impact Fee Programs).
In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted
by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities.
55. 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 but not limited to the Amended and Re-Stated Pre-Annexation
Development Agreement in Ordinance No. 2695, dated March 4, 1997.
56. 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 final
residence, in each phase, is occupied and shall continue sweeping until such time that the City has
accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The
developer further agrees to provide the City Special Operations Manager with a copy of the memo
requesting street sweeping service, which memo shall include a map of areas to be swept and the
date the sweeping will begin.
57. Condition No. 158 - {Regional Impact Fee). In satisfaction of condition No. 158
bfthe 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.
58. Condition No. 164 - (Elementary School Site). In satisfaction of condition No.
23.
164 of the Resolution, pursuant to the Village Six Public Facilities Finance Plan, the applicant shall
deliver to the Chula Vista Elementary School District, a 10-net useable acre graded elementary
school site including utilities provided to the site and an all weather access road acceptable to the
District, prior to issuance of the 1,050th residential building permit (352 students) within Village
Six SPA. The all-weather access road shall also be acceptable to the Fire Department. This
schedule is subject to modification by the School District as based on District facility needs.
59. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the
Resolution, the Developer agrees install all public facilitie~ 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) as maybe 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).
60. Condition No. 166- (Interim Facilities). In satisfaction of condition No. 166 of the
Resolution, the Developer agrees to that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Applicant's responsibility, and that construction,
maintenance and demolition bonds will be required to the satisfaction of the City Engineer.
61. 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 Plan (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 furore
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.
62. Condition No. 174 - (Adjoining Wails). 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.
22
63. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the
Rcsointion, thc 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.
64. 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.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection
fees.
d. Interim SR-125 impact fee.
e. Poggi Canyon Sewer Basin DIF.
f. Pedestrian Bridge Fee.
Pay the mount of said fees in effect at the time of issuance of building permits.
65. 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.
66. 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 "Notice
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
Engineer prior to Final Map approval.
67. 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 from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
68. Satisfaction of Conditions. City agrees that the execution of this Agreement
23
constitutes partial or full satisfaction of Developer's obligation of Conditions: 1, 2, 3, 4, 5, 8, 9, 10,
11, 12, 13, 17, 18, 19, 20, 22, 24, 25, 30, 31, 33, 34, 35, 47, 48, 50, 51, 53, 54, 60, 62, 66, 69, 70,
81, 93, 95, 99, 104, 105, 106, 107, 110, 111,116, 121,123,128, 129, 130, 132,134, 135, 142, 154,
155, 156, 157, 158, 164, 165, 166, 170, 174, 179, 180, 181, 182, and 183of 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.
69. 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 with and implement the terms,
conditions and provisions therein.
70. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
71. 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.
72. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
24
Otay Project L.P.
350 W. Ash St., Suite 730
San Diego, CA 92101
Atto: Chuck Cater
Fax (619) 336-3112
Otay Ranch Seven, LLC
280 Newport Center Drive, Suite 240
Newport Beach, CA 92660
Attn: Charles T. Cater
Fax (949) 640-8316
Otay Ranch R-2A, LLC
270 Newport Center Drive, Suite 270
Newport Beach, CA 92660
Attn: Charles T. Cater
Fax (949) 644-7856
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 mariner 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.
2s
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 partywill 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]
26
[PAGE ONE OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX
NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2]
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]
27
[PAGE TWO OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX
NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2]
DEVELOPERS/OWNERS:
Otay Project L.P., a California limited partnership
By: Otay Ranch Development, LLC, a Delaware limited liability company,
Authorized Member
DATED:~-~ ~7 ,2003
(ATTACH NOTARY ACKNOWLEDGMENTS)
28
[PAGE THREE OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL
SUBDMSION IMPROVEMENT AGREEMENT FOR THI~ OTAY RANCH
VILLAGE SIX NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2]
DEVELOPERS/OWNERS:
Otay Ranch Seven LLC, A Califomia Limited,Liability Company,
Authorized Member
(ATTACH NOTARY ACKNOWLEDGMENTS)
[PAGE FOUR OF FOUR SIGNATURE PAGES TO SUPPLEMENTAL
SUBDMSION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH
VILLAGE SIX NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2]
DEVELOPERS/OWNERS:
Otay Ranch R2A, LLC, a California Limited Liability Company,
Authorized Member
(ATTACH NOTARY ACKNOWLEDGMENTS)
30
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~ ss.
County of .~-I
On Iv~-,~ 7,--/ ,/ '~7 before me, ~Jt,~;~.. {J~L/.../,~-,~ L.~,/~, ~ ~1~...
personally appeared ~--~'"~'~ L.~.- ~..)h.~('~-----'~.-
[~p~rsonally known to me
[] proved to me on the basis of satisfactory
evidence
~ ~:~ ~R; L~C~AN~ 70~'A'J'~ to be the person(..%.- whose name(s) is/at~
[ subscribed to the within instrument and
~ ~,,.,~a~ Cor~m~s~on # 1260466
~ ~ Notc~y Pu~'~ - California ~ ~¢knowledged to me that be~heAh~ executed
the same in h~her/thefr authorized
l~MyCc~mm.~es~f3,2a~ cepaoJty(iee), and that by h~s/ber/th~
i ,~. signature('s~ on the instrument the pemon(~, or
the entity upon behatf of which the person~-)
acted, executed the instrument.
OPTIONAL
De$¢dption o~ Attached Document
litle or 'l'y~e of Document:
Dooument Date: Number o~ Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
13 IndividuaJ Top of ~umb here
[] Corporate Officer--'~tle(s):
[] Partner-- ID Umited [] General
~ Attomey~in-Fact
[] Trustee
[] Guardian or Conservator
[~ Other:.
Signer Is Representing:
List of Exhibits
Exhibit A Legal Description of Property
Exhibit B Performance Bonds
EXHIBIT A
LEGAL DESCRIPTIONS
NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2
Lots 10 and 11 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.
EXHIBIT "B"
CHULA VISTA TRACT NO. 02-05
OTAY RANCH, VILLAGE SIX,
NEIGHBORHOODS R-2A UNIT 2 AND R-2B UNIT 2
BOND DRAWING
BOND BOND NUMBER
AMOUNT NOS.
La Media Rd. $1,077,258.00 6203936 02090-01 to 08
Birch Rd $ 969,582.00 6203935 02136-01 to 10
Otay Lakes Road Under Review Under Review 03066-01 to 06
Landscape and
Irrigation Bond
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
Ann Moore
City Attorney
Dated:
Supplemental Subdivision Improvement Agreement for Otay
Ranch Village Six Unit 1 Neighborhoods R-9A Unit 2 and R-9D
between The City of Chula Vista and 0tay Project, L.P. and
Otay Ranch Nine
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 ~r Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OTAY RANCH VILLAGE SIX UNIT 1 NEIGHBORHOODS R-9A UNIT 2
AND R-9D
(Conditions: 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 17, 18, 19, 20, 22, 24,
25, 28, 30, 31, 33, 34, 35, 47, 50, 53, 54, 60, 62, 66, 69, 70, 81, 93,
95,99, 100, 104, 106, 107, 110, 111, 121,123, 128, 129, 130, 132,
134, 135, 142, 154, 155, 156, 157, 158, 164, 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 Project L.P., a
Delaware Limited Liability Company, Otay Ranch Nine, a Delaware Limited Liability Company
("Collectively referred to as" 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 propertylocated 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
1
Agreement the term "project" shall also mean "Property". Developer has apphed for a final map for
the Property, more specifically known as Otay Ranch, Village Six Unit 1, Neighborhoods R-9A Unit
2 and R~9D.
B. Otay Project L.P. conveyed title to Neighborhoods R-9A Unit 2 and R-9D to Otay Ranch
Nine, LLC on September 25, 2002.
C. 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 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 Unit 1, Neighborhoods R-9A LrNIT
2 AND R-9D as being in substantial conformance with the Tentative Subdivision Map described in
this Agreement. Developer tmderstands 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
numbers DRC-03-08 and DRC-03-10 apply to R-9A and R-gD respectively.
G. The City has adopted an Agreement for Monitoring of Building Permits, Resolution 2003-
067 on April 15, 2003, ("Allocation Agreement"), pursuant to which the number of building permits
within the Tentative Subdivision Map is limited prior to the construction of SR~125.
H. 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 Unit 1, R-9A UNIT 2 AND R-9D.
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. 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
2
Plan adopted by Resolution No. 2002-022 as may be amended fi.om time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on Jane 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 Conditions Nos. 10, 19, 20, 47, 116, and 156 of the Resolution.
this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree
that all such obligations remain a covenant nmning with the land as set forth more particularly in
Paragraph 2 of this agreement. The City in its discretion will make a good faith effort to execute on
bonds securing 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 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 rurm/ng 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 fi.om Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
3
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 rtms 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 requ'~rements 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) 15om 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 Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No. 1 - (General Preliminary) In satisfaction of No. 1 of the Resolution,
Developer hereby agrees that all of the terms, covenants and conditions conta'med 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. 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; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; OtayRanch Overall
Design Plan; Second-Tier Environmental Impact Report (EIR 98-01); Design Review Cormnittee
findings and conditions for case number DRC-03-10 and DRC 03-08 apply to R-9A and R-gD, 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 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.
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 fi.om 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 fi.om 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 may be 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 and the Otay Ranch General Development Plan
(GDP), the Developer agrees to participate in the funding of 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 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. 9 - (Building Permits Monitoring Program). In satisfaction of
Condition No. 9 of the Resolution, and pursuant to the Allocation Agreement, the Developer
acknowledges and agrees to comply with the Allocation Agreement which limits the number of
building permits issued in the Tentative Subdivision Map within time periods as set forth in Exhibit
"B" of the Allocation Agreement and not seek building permits in excess of the limits.
10. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the 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 the Director of Planning and
Building.
11. Condition No. 11 - (General Preliminary). In satisfaction of condition No. 11 of
the Resolution, 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
12. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the
Resolution, the 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.
13. Condition No. 13 - (Environmental). In satisfaction of condition No. 13 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California State
Water Resources Quality Control Board.
14. 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 gat'rog, 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 Two, Range
Management Plan to the satisfaction of the Director of Planning and Building.
15. Condition No. 18 - (Agricultural Plan). In partial satisfaction of condition No. 18
of the Resolution, prior to the approval of each final "B" map for the Project, the Developer shall
comply and shall continue to comply with all requirements of the Village Six SPA Plan Agricultural
Pla.il.
16. Condition No. 19 and 20 - (Environmental). In satisfaction of conditions No. 19
and 20 of the Resolution, the Applicant agrees to convey fee tire, or upon the consent of the Preserve
Owner/IVlanager (POIVo and any lien holder, an easement restricting use of the land to those
permitted by the Otay Ranch Resource Management Plan (P, MP), to the POM upon thc request of the
POM for an amount of land equal to the final map's obligation to convey land to thc Preserve.
Where an easement is conveyed, thc 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 fec 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 bythe POM. The Applicant further agrees to maintain and manage the offered conveyance
property consistent with the Phase 1 and 2 ~ guidelines until such time when the POM has
accepted the conveyance property consistent with the Phase 1 and 2 RIViP guidelines until such time
when the POM has accepted the conveyance property.
17. Condition No. 22 - (Noise Barrier Plan). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees that should the Developer request modification of thc approved
wall and fence plans, Developer agrees to provide additional acoustical analysis if required by the
Director of Planning and Building. The Developer further agrees that the noise barriers shall bc
constructed within dedicated open space lots and shall not be constructed on private property.
18. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the
Resolution, the Developer agrees that unless required 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. Ail 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
demons~ate to the satisfaction of thc Director of Planning and Building that the applicable noise
standards will be achieved by a modified design.
19. 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 with/n Village Six
including phasing, grading, improvements and dedication of right-of-way.
20. Condition No. 28 - (Multi-Family Lots). In satisfaction of condition No. 28 of the
Resolution, the Developer agrees that the subsequent development ora multi~family lot which does
not require the filing ora "B" map shall meet, prior to issuance ora building permit for that lot, all
the applicable conditions of approval of the tentative map, as determined by the City Engineer.
7
21. Condition No. 30 - (Sign Plans). In satisfaction of condition No.30 of the
Resolution, the Developer agrees to abide by and implement the conditions of approval of the
Planned Sign Program PSP-03-02, to the satisfaction of the Director of Planning and Building and
the City Engineer. The Developer further agrees that any proposed monumentation/signage shall be
consistent with the Village Six Village Design Plan and shall be reviewed and approved by the
Director of Planning and Building prior to the installation of monument signs.
22. Condition No. 31 - (Sign Plans). In partial satisfaction of condition No. 31 of the
Resolution, prior to issuance of the first building permit, Developer agrees to post temporary signs
indicating the future land use(s) on all neighborhoods within the project. The Developer further
agrees that temporary signs shall be maintained in place until such time as a project is approved for
any such future land use site.
23. Condition No. 33 - (Tree Species). In partial satisfaction of condition No. 33 of the
Resolution, the Applicant shall plant trees within said parkways which have been selected l~om the
list of appropriate tree species described in the Village Six Design Plan, Village Six SPA Plan and
Landscape Master Plan and shall be approved by the Directors o fPlanning and Building, Building &
Park Construction and Public Works. The Applicant shall provide root barriers and deep watering
irrigation systems for the trees, as approved by the Director Building and Park Construction and the
Director of Public Works.
24. Condition No. 34 - (Street Trees). In satisfaction of condition No. 34 of the
Resolution, the Developer agrees to install all street trees in accordance with Section 18.28.10 of the
Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved
by the Director of Planuing and Building. Street trees, which have been selected from the revised list
of appropriate tree species described in the Village Six Village Design Plan, Village Six SPA Plan
and Landscape Master Plan, shall be approved by the Director o f Planning and Building and Director
of Public Works. Prior to the installation of any dry utilities, including but not limited to cable,
telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans
that show the location of all future street trees, which will be subject to the review and approval of
the Director Building & Park Construction and the Director of Planning & Building. Prior to any
utility installation, wood stakes shall be placed by the Developer on site according to approved
preliminary street tree plans and shall be painted a bright color and labeled as future street tree
location. Developer further agrees to provide City documentation, acceptable by the Director
Building & Park Construction and the Director of Planning and Building, that all utility companies
have been given notice that no dry utility line shall be located within five feet of the wood stake in
any direction. Developer will maintain street tree identification stakes in location as shown on
approved preliminary plans until all dry utilities are in place. A street tree improvement plan,
includ'mg mailbox locations, shall be submitted for review and subject to the approval of the Director
of Planning and Building and the City Engineer prior to or concurrent with the second submittal of
street improvement plans within the subdivision. Approval of the street tree improvement plans
shall constitute final approval of the selection of street trees for the street parkways.
25. Condition No. 35- (Cart and Off-street Bicycle Signage). In satisfaction of
condition No. 35 of the Resolution, thc Developer agrees to install signs for cart and/or off-street
bicycle circulation using signs approved by the Traffic Engineer. Said signs shall comply with
applicable traffic control devices placed in thc public right -of-way, to the satisfaction of the Traffic
Engineer. The Developer shall install approved signs concurrent with related improvements or as
otherwise requested by the City.
26. Condition No. 47 and 123 - (Landscape and Irrigation) In partial satisfaction of
Conditions No. 47 and 123 of the Resolution Developer hereby agrees as follows:
a. Improvements: Developer agrees to construct the Improvements in and adjoining
said subdivision and as shown on the Drawings set forth on Exhibit "B" (Landscape and Irrigation),
at its own expense, without any cost to the City, in a good and workmanlike manher, under the
direction and to the satisfaction and approval of the City Engineer. Developer further agrees to
finnish 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 by this reference are incorporated herein and made a part hereof. Developer shall complete
construction of the 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 Improvements, then construction on that portion for ~hich 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 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 thc State of California applicable to said
i. Bonding.
1. Developer agrees 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 Attomey in the sums as set forth on Exhibit "B", which
security shall guarantee the faithfial performance in connection with the installation of the
Improvements as shown on Exhibit "B".
2. Developer agrees to furnish and deliver to theCity 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 Exhibit "B" to
secure the payment of material and labor in connection with the installation of said Improvements,
which security is shown on Exhibit "B".
3. Developer acknowledges and agrees that if the 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 Landscape and Irrigation Improvements in accordance with those
approved plans and specifications contained on Exhibit "B", or at the option of the City, for those
improvements shown on Exhibit "B" that are less than, but not greater to, the sums provided by said
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 (including a reasonable allocation of overhead), and any
proceeds from the improvement security.
ii. 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 therefore.
iii. 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 Landscape and
Irrigation Improvements plans and installation of Landscape and Irrigation 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.
iv. Maintenance Costs. Developer understands and agrees that until such time as
all of the 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, such streets and any
alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall
guarantee all of the Landscape and Irrigation 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.
b. Indemnification Developer further understands and agrees that City, (as
"Indemnitee") or any officer or employee 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
lO
Indemnitee (wh/ch are not the result oflndemnitee's sole negligence or willful misconduct), related
to the construction of the Improvements. Developer further agrees to defend, indemnify, protect and
hold the Indernnitee, its officers and employees, harmless from any and all claims, demands, causes
of action, liability, costs and expense (including without limitation, reasonable attomey'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 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 Indernnitee 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 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 oflndemnitee 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
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 Improvements. The
approval of plans for the 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 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.
27. Condition No. 50 - (PFDIF). 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, wh/ch 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.
28. 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 from 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:
a. 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 s,ource is subject to prior approval by the Fire
Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the Department of Engineering.
Temporary street signs shall be subject to the approval of the Department of
Engineering and Fire Department. Locations and identification of temporary
street signs shall be subject to review and approval by the Department of
Engineering and Fire Department.
· 29. Condition No. 54 - (Fire Hydrants). In satisfaction of condition No. 54 of the
Resolution, the Applicant shall install additional fire hydrants upon request and to the satisfaction of
the Fire Department, depending on the location of improvements such as cul-de-sac, alleys, and
driveways or when special circumstances exist in a subdivision design, as determined by the Fire
Marshal.
30. Condition No. 60- (Transit Facilities). In partial 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.
31. 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 1 l-A,
Housing Accessibility, as approved by the City Engineer. In the event the Federal Govermnent
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.
32. 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:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
3_2
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 developer 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.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
33. Condition No. 69 - (Street Names). In satisfaction of condition No. 69 of the
Resolution, prior to approval of each final map, Developer agrees to install permanent street name signs,
and agrees to install such signs prior to the issuance of the f~t building permit for production homes for
the applicable final map.
34. Condition No. 70. - (Traffic Count Stations). In satisfaction of condition No. 70 of
the Resolution, Developer agrees to construct and secure the installation of permanent traffic count
stations, subject to the approval of the City Engineer, as indicated as follows, one count station at each
of the following streets: La Media Road, Olympic Parkway, Birch Road, and at such additional stations
as directed by the City Engineer. The traffic count stations shall be installed concurrent with the
installation of related improvements at such specific locations as determined by the City Engineer
35. Condition No. 81 - (NPDES). In satisfaction of condition No. 81 of the Resolution,
the Developer agrees to the following:
a. That 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
(NPDES) permit requirements for urban nmoffand storm water discharge and
any regulations adopted by the City of Chula Vista pursuant to the NPDES
regulations or requirements;
b. 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 grading activities;
13
c. That 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. To comply with all the provisions of the NPDES and the Clean Water Program
during and after ail 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. To design the Project's storm drains and other drainage facilities to include
Best Management Practices to min/mize non-point source pollution,
satisfactory to the City Engineer;
f. That the San Diego Regional Water Quahty 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
g. To comply with all relevant City mgulati~)ns 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
nmoffto the maximum extent practicable.
36. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of
the Resolution, prior to the approval of the first map for the Project, or issuance of the first grading
permit for the Project, whichever occurs earlier, Developer agrees to the following:
a. 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.
b. 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.
c. 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.
d. To not 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 a waiver of the right to challenge the amount of
any assessment, which may be imposed due to the addition of these
improvements and shall not interfere with the right of any person to vote in a
secret ballot election.
Such Developer obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenancb District subject to the approval of the City Engineer.
37. 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 mink monitoring program, as determined by the
City Engineer.
38. Condition No. 99 - (Parks and Open Space). In satisfaction of condition 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 of
fees, dedication of land, or a combination thereof in a manner acceptable to the Director Building and
Park Construction.
39. Condition No. 100- (Community Parkland Obligation). In satisfaction of condition
No. 100 of the Resolution, the Developer shall satisfy its community 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.
40. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition
No. 104, upon request of the Director Building and Park Construction, 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.
41. Condition No. 106 - 0tOA Maintenance Agreement). In partial satisfaction of
condition No. 106, within 90 days of approval of this Final Map, Developer shall enter into a
maintenance agreement and grant easements as necessary for landscaping and improvements
maintained by a Homeowners Association within City fight-of-way or such other public areas required
by the City.
42. 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 Chula 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
43. Condition No. 110- (Certificate of Deposit). In satisfaction of condition No. 110 of
the Resolution, prior to the issuance of a building permit for the 2504 dwelling nnit for the Project, the
Developer agrees to provide the City with either a letter of credit or a certificate of deposit naming the
City as beneficiary in the stun equal to two-thirds of the 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 be in a form
acceptable to the City. The letter of credit or certificate of deposit shall be released upon applicant's
fulfillment of its obligation for the park P-1 but may, upon request, be incrementally reduced in value as
park construction progresses in the discretion of the Director Building and Park Conslxuction.
44. Condition No. 111 - (Access to Park P-l). In partial satisfaction ofcondition No. 111
of the Resolution, the Developer agrees that Park site (P-l) shall include public access to the
satisfaction of the Director Building and Park Construction. The Developer acknowledges and agrees
that the park net acreage and the park Parkland Dedication Ordinance (PLDO) credit to be received by
the Developer is based on net usable park acreage as determined solely by Director Building and Park
Conslruction. Upon request from the Director Building and Park Construction, 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.
45. Condition No. 121 - (Signage Plans Approval). In satisfaction of condition No.
121 of the Resolution, the applicant shall obtain the approval of the Director Building and Park
Construction for appropriate signage indicating location of trail connections, handicap access, and
bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage
shall be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon
the request of the Director Building and Park Construction and Director of Planning and Building.
47. Condition No. 128 - (Maintenance Responsibility of MltOA). In satisfaction of
condition No. 128 of the Resolution, Developer acknowledges and agrees that 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 annual cost. Developer shall submit the document
and obtain the approval of the City Engineer and Director of Planning and Building pr/or to
distr/bution through escrow, which approval shall not be unreasonably withheld.
48. Condition No. 129 - (Common Usable Open Space). In satisfaction of condition
No. 129 of the Resolution, the Developer agrees that Lot CPF-6, Common Usable Open Space areas
as described in the Chula Vista Design Manual, shall be landscaped, graded and contain amenities to
the satisfaction of the Director of Building and Park Construction. Construction shall be completed
prior to the issuance of the final building permit in either Neighborhood R-5 or R-9A, whichever
occurs earlier.
49. Condition No. 130 - Ct/sable Area for Lots CPF-5 and CPF-6). In satisfaction of
condition No. 130 of the Resolution, the Developer agrees Lots CPF-5 and CPF-6 shall have a
minimum usable area of 0.8 acre each and shall be maintained by the Master Home Owner's
Association and will, therefore, receive CPF credit.
50. Condition No. 132 - (Walls Adjoining Open Space District). In satisfaction of
condition No. 132 of the Resolution, Developer shall ensure that all buyers of individual lots
adjoining open space lots, containing 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 into the CC&R's for all lots.
51. 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.
52. 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 deposit 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 detennined by the City Engineer. Any
unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the
17
Developer, according to the following:
a. 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;
b. 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
ma'mtenance is being accomplished to the satisfaction of the Director
Building & Park Construction.
53. Condition No. 142 - (Easements). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees to design landscape and irrigation plans such that street tree
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.
54. Condition No. 154 - (Supplemental Agreement). In satisfaction ofcondition No.
154 of the Resolution, the developer agrees to the following:
a. That the City may withhold building permits for the Project if any one of the
following occurs:
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, a~ 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 an7 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.
b. To defend, indemnify and hold harmless the City and its agents, officers an
employees, fi.om 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 pursuant to Section 66499.37 of the State Map Act provided the
City promptly notifies the Applicant of any claim, action or proceeding and
on the further condition that the City fully cooperates in the defense.
c. Permit all cable television companies franchised 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 franchised by the City of Chula Vista, the condition of such grant
being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule
and does not require the trenches to be reopened to accommodate 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.
Developer hereby conveys to the City of Chula Vista the authority to enforce said
covenant by such remedies as the City determines appropriate, including revocation
of said grant upon determination by the City of Chula Vista that they have violated
the conditions of grant.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach
e. Hold the City harmless fi.om any liability for erosion, siltation or increase
flow of drainage resulting fi.om this project.
55. Condition No. 155- (Congestion Management & Regional Impact Fee Programs).
In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program
(CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
56. 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.
57. Condition No. 157- (Street Sweeping). In satisfaction oTcondition No. 157 of the
Resolution, the Developer agrees to cause street sweeping to commence immediately after the final
residence, in each phase, is occupied and shall continue sweeping until such time that the City has
accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The
developer further agrees to provide the City Special Operations Manager with a copy of the memo
requesting street sweeping service, which memo shall include a map of areas to be swept and the
date the sweeping will begin.
58. 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.
59. Condition No. 164- (Elementary School Site). In satisfaction of condition No. 164
of the Resolution, pursuant to the Village Six Public Facilities Finance Plan, the applicant shall
deliver to the Chula Vista Elementary School District, a 10-net useable acre graded elementary
school site including utilities provided to the site and an all weather access road acceptable to the
District, prior to issuance of the 1,050th residential building permit (352 students) with/n Village Six
SPA. The all-weather access road shall also be acceptable to the Fire Department. This schedule is
2O
subject to modification by the School District as based on District facility needs.
60. 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 requked 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) as may be amended fi.om
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).
61. Condition No. 166- (Interim Facilities). In satisfaction of condition No. 166 of the
Resolution, the Developer agrees to that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Applicant's responsibility, and that construction,
maintenance and demolition bonds will be required to the satisfaction of the City Engineer.
62 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 Plan (GDP), and as they may be amended bom
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 armual 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.
63. 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 Plarming andBuilding. 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.
64. 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.
23_
65. 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.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Poggi Canyon Sewer Basin DIF.
f. Pedestrian Bridge Fee.
Pay the amount of said fees in effect at the time of issuance of building permits.
66. 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.
67. 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 "Notice 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
Engineer prior to Final Map approval.
68. 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 from time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
69. 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, 9, 10,
11, 12, 13, 17, 18, 19, 20, 22, 24, 25, 28, 30, 31, 33, 34, 35, 47, 50, 53, 54, 60, 62, 66, 69, 70, 81, 93,
95, 99, 100, 104, 106, 107, 110, 111, 121, 123, 128, 129, 130, 132, 134, 135, 142, 154, 155, 156,
157, t58, 164, 165, 166, 170, 174, 179, 180, 181, 182, and 183 of Resolution No. 2002-089.
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.
22
70. 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 with and implement the terms,
conditions and provisions therein.
71. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
72. Building Permits. Developer understands und agrees that the City may withhold the
issuance of building p~rmits 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.
73. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this paragraph by giving written notice of such change to the other
party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Otay Project L.P.
350 W. Ash St., Suite 730
San Diego, CA 92101
Attn: Chuck Cater
Fax (619) 336-3112
Otay Ranch Nine, LLC
270 Newport Center Drive, Suite 200
Newport Beach, CA 92660
23
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no fome 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 15om 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.
fi 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]
26
[PAGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX UNIT 1
NEIGHBORHOODS R-9A UNIT 2 AND R-9D]
CITY OF CHULA VISTA
Stephen C. Pedilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved asto Form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
2S
[PAGE TWO OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX UNIT 1
NEIGHBORHOODS R-gA UNIT 2 AND R-9D]
DEVELOPERS/OWNERS:
Otay Project L.P., a California limited partnership
By: Otay Ranch Development, LLC, a Delaware limited liability company,
Authorized Member
(ATTACH NOTARY ACKNOWLEDGMENTS)
[PAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE
SIX UNIT 1 NEIGHBORHOODS R-9A UNIT 2 AND R-9D]
DEVELOPERS/OWNERS:
. Otay Ranch Nin~,~ ~.C~,ifomia~/abili/ty. company
Authorized Member
(ATTACH NOTARY ACKNOWLEDGMENTS)
27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '[ ss.
County of ::~:,,*,-~
On fctf~'-'¢ ~'-'7t '?..¢.)O~ beforeme, ~C.
personally appeared ~ ~ ~
~sonally known to me
~ proved ~o me on the basis of satisfacto~
evidence
I .... ~,; ;&NO 'o be the ,erson~whose name(~ ,s/a~
]~ ~. Commission¢ 12&~,/~ ~ subscribed to the within instrument and
~ Not~fPubhc_Cahf~a ~ acknowledged to me t~e/she/t~executed
~] San Di~ County [ the same in ~er/th~ authorized
capacity), and that by his/her/t~
signature(~ on the instrument ~e person(~or
the enti~ upon behalf of which the person~
acted, executed the instrument.
O~rlO~A[
~ough the infection ~low is not requir~ by law, it may prove valuable to pemons rel~ng on the d~ument and could prevent
~audulent ~moval and reaflachment of this fo~ to another documenL
Description of A~ached Document
~tie or Type of Document:
Document Date: Number of Pages:
Signer(s) ~er ~an Named Above:
Capaci~(ies) Claimed by Signer
Signer's Name:
~ individual Top of ~umb
~ Co,orate ~cer-- ~t]e(s):
~ Paffner-- ~ Limited ~ General
~ Aaomey-in-Fa~
~ Trustee
Q Guardian or Conse~ator
~ Other:
Signer Is Representing:.
List of Exhibits
Exhibit A Legal Description of Property
Exhibit B Performance Bonds
EXItIBIT A
LEGAL DESCRI]?TIONS
NEIGI-IBORItOODS R-9A UNIT 2 AND R-9D
Lots 10 and 11 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, 2003.
EXHIBIT "B"
CHULA VISTA TRACT NO. 02-05
OTAY RANCH, VILLAGE SIX UNIT 1,
NEIGHBORHOODS R-9A UNIT 2 AND R-9D
BOND BOND AMOUNT BOND NUMBER DRAWING NO.
Landscape and In-igation $ 336,732.75 604589 03057-1 to 0357-21
COUNCIL AGENDA STATEMENT
Item ! (
Meeting Date 6/10/03
ITEM TITLE: Resolution Authorizing Otay Project, LP to construct the
eligible Pedestrian Bridge between Otay Ranch Villages 5 and 6 and
authorizing the Director of Engineering to sign a Development Impact Fee
Agreement with Otay Project, LP.
SUBMITTED BY: Director of Engineering~r/
Manage------~ 9~'{[~17 (4/5ths Vote: Yes No X )
REVIEWED
BY:
City
The Director of Engineering has received a letter from the Otay Ranch Company requesting
authorization to construct a pedestrian bridge that is eligible tbr funding by the Otay Ranch
Pedestrian Bridge Development Impact Fee ("Ped. Bridge DIF") in return for reimbursement
and/or credit against the Ped. Bridge DIF. The Otay Ranch Pedestrian Bridge DIF Ordinance No.
2892 currently requires developers to follow an established procedure, which includes
completion of the bridge in order to obtain credit for privately financed Ped. Bridge DIF-eligible
projects. Tonight's action authorizes the developer to construct the pedestrian bridge between
Village 5 and 6 of the Otay Ranch and allows the developer to receive immediate credit against
the payment of Ped. Bridge DIF fees in a maturer consistent xvith established City practice and
adopted ordinance ~br transportation projects.
RECOMMENDATION: That the Council approve the resolution authorizing the Otay
Ranch Company to construct the pedestrian bridge identified on Attaclmnent A and receive
Pedestrian Bridge Development Impact Fee credit for the cost of such construction and
authorizing the Director of Engineering to sign the Pedestrian Bridge Development Impact Fee
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In January 1999, City Council established the original Otay Ranch Pedestrian Bridge DIF by
adoption of Ordinance No. 2767. The purpose of the original DIF was to finance the
construction of pedestrian bridge improvements between Otay Ranch Villages 1 and 5 and
between Villages 1 and 2. On December 15, 2002, City Council adopted Ordinance No. 2892,
which included Village 6 in the Pedestrian Bridge DIF program. All new development within
Village 6 is subject to the fee: the fee revenues m'e used to: 1) pay for the construction of the
bridge improvements or 2) reimburse a developer for constructing the improvements.
The developer has requested that the City authorize construction of the easterly pedestrian bridge
crossing Olympic Parkway between Villages 5 and 6. They have also requested an immediate
partial credit against future Ped. Bridge DIF fees based on their ability to meet the conditions
required fbr the assignment of similar credits for Transportation DIF projects.
Developers are required to comply with certain procedural requirements of the Transportation
DIF Ordinance in order to receive TDIF credits. The credits assigned to the developer can be
used in lieu of the TDIF fees due at building permit issuance. The TDIF and Ped. Bridge
Page 2, Item [I
Meeting Date 6/10/03
ordinances are similar in that they both require the developer to meet certain conditions before
the constructed project is eligible for credits. Developers must satisfy the following conditions
before the Director of Engineering determines and assigns credits:
1. Provide a project description along with cost estimates or bids
2. Submit and receive approval of grading and improvement plans.
3. Provide performance bonds.
4. Provide and secure easements and rights-of-way for the project.
5. Provide all necessary permits and environmental clearances for construction of the
projects.
6. Pay all required permit and plan check fees to the City.
7. Secure at least three (3) qualified bids for the work to be done and award the contract to
the lowest bidder.
8. When all work is complete to the satisfaction of the City, the developer shall submit
verification of payments made for the construction of the project to d~termine eligibility
for total applicable credit.
Additional procedures and guidelines govern the submittal of payment documentation, change
orders and final determination of eligible hard and soft costs. For TDIF projects, the developer is
able to receive credits up to 50% of the transportation facility cost upon satisfaction of one
through six above.
The Ped. Bridge Ordinance does not specifically provide for the assignment of credit upon
meeting the above conditions. However, the Ped. Bridge DIF Ordinance permits the Council to
impose other conditions on a developer entering into a Development Impact Fee Agreement. The
developer has requested that it receive immediate credit for 50% of the estimated cost of the
bridge upon satisfaction of items 1 through 6 above. Staff recommends that in granting that
request, Council impose an additional condition that developer receives only credits for bridge
construction rather than the optional cash reimbursement. The credits will be applie.d upon
developer's submission of building permit applications. Staff also recommends that developer be
granted 75% immediate credit upon satisfaction of items 1 through 7 above City's determination
of eligible expenditures. The granting of credit terms will be the same method used for by the
City for TDIF eligible projects and thus allowing it for Ped. Bridge DIF credit is a consistent
practice
Upon completion of all work to the satisfaction o~' the City, the developer shall submit
verification of payments for construction of the project. An audit by the City is required to
determine the total applicable credit. The Director of Engineering will make the final
determination of expenditures that are eligible based on actual final approved costs.
The Resolution and the Agreement ~vill allow treatment of the currently proposed pedestrian
bridge in the same manner as transportation projects with respect to assignment of credits.
Accordingly, upon satisfaction of conditions one through six above the developer may apply for
an immediate credit of 50 percent of the cost of the Pedestrian Bridge.
The Developer has executed an agreement to construct the Pedestrian Bridge between Vill~tge 5
and Village 6. Staff recommends that City Council authorize the Director of Engineering to sign
said agreement.
Page 3, Item II
Meeting Date 6/10/03
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Although environmental review is not necessarY at this time, environmental review will be
required before the approval of final design plans and the awarding of construction contracts for
facilities funded through Pedestrian Bridge Development Impact Fee.
FISCAL IMPACT: The developer pays all costs of constructing the bridge, there is no impact
to the City's General Fund.
Exhibit 1 - Pedestrian Bridge Plat
Attachment A Pedestrian Bridge Development Impact Fee Agreement
J:~Engineer\AGENDA~Ped Bridge DIF Authorization ORC.doc
/?-3
EXHIBIT 1
OTAY RANCH PEDESTRIAN-BRIDGE
BETWEE~VH~.~5 AND 6~
VILLAGE 5
EA~ST OLYMPJC
/,, PARI~AY/BRII~E
·
VILLAGE 6
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING OTAY PROJECT, L.P. TO
CONSTRUCT THE ELIGIBLE PEDESTRIAN BRIDGE
BETWEEN OTAY RANCH VILLAGES 5 AND 6 AND
AUTHORIZING THE DIRECTOR OF ENGINEERING TO
SIGN A DEVELOPMENT IMPACT FEE AGREEMENT WITH
OTAY PROJECT, L.P.
WHEREAS, the Otay Ranch Pedestrian Bridge Development Impact Fee (DIF) program
sets forth a procedure whereby a developer may receive authorization, reimbursement and credit
for bridge construction; and
WHEREAS, the developer Otay Project L.P. has requested authorization to construct the
pedestrian bridge between Village 5 and Village 6; and
WIlEREAS, pursuant to the ordinance requirements approval of the developer's request
is subject to City Council review; and
WHEREAS, the developer is required to comply with the procedural requirements of the
ordinance in order to later receive DIF credit; and
NOW, THEREFORE, BE IT RESOLVED that the City CounCil of the City of Chula
Vista does hereby authorizes Otay Project L.P. to construct the eligible pedestrian bridge and
thereafter became eligible to receive Development Impact Fee credit for the cost of such
construction pursuant to the terms of the ordinance and agreement required thereunder.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Director of Engineering to sign the Development hnpact Agreement with
Otay Project L.P.
Presented by Approved as to form by
Cliff Swanson Ann M6'o~ ~
Director of Engineering 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
Pedestrian Bridge Development Impact Agreement between the City
of Chula Vista and Otay Project, L.P.
OTAY RANCH PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND OTAY PROJECT, L.P.
This agreement is made this day' of_ , 2003 by and between Otay Project
L.P. ("Developer") and the City of Chula Vista, a California Municipal Corporation
("City") with reference to the facts set forth below, which recitals constitute a part of the
Agreement.
Recitals
A. WHEREAS, On December 17, 2002, City Council adopted the Pedestrian
Bridge Development Impact Fee, Ordinance No. 2892, to pay for Pedestrian
Bridge Improvements as a condition of issuance of Building Permits in Otay
Ranch.
B. WHEREAS, Developer has requested authorization from the City through a
written resolution approved by the City Council to construct certain Pedestrian
Bridge Facilities between Village 5 and 6 (Facilities) which are described in
the request attached hereto as Exhibit A; and
C. WHEREAS, on June 3, 2003 the City Council approved Developer's request
15hr authorization pursuant to Resolution No. ; and
D. WHEREAS,. Ordinance No. 2892 provides that the City Council may impose
. other conditions on the authorization among those conditions provided for in
the Ordinance.
E. WHEREAS, Ordinance No. 2892 requires a written agreement setting forth
the conditions on such authorization.
NOW, THEREFORE, BE IT RESOLVED that the Parties agree as follows:
1. Developer shall prepare all plans and specifications and submit same
to the City for approval.
2. Developer shall secure and dedicate any right-of-way required for the
improve~nent work.
3. Developer shall secure all required permits and environmental
clearances necessary for construction of the improvernents.
4. Developer shall provide perfbrmance bonds in a form and amount, and
~vith a surety satisfactory to the City.
5. Developer shall pay all City fees and costs.
6. Developer further understands and agrees that City, (as "indemnitee")
or any officer or employee 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
or omissions of Developer, it's 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 Facilities. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless fi.om
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 Facilities or the acts or
omissions of Developer, its subcontractors or suppliers, its agents or
employees, or lndemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee 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 mnployec thereof. Developer fhrther agrees to defend,
indemnify, protect and hold the lndemnitee 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. 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
Facilities 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 Facilities.
The approval of plans for the Facilities 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 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 Facilities.
7. Developer shall advance all necessary funds for the Facilities,
including design and construction. The City will not be responsible for
any of the costs of constructing the Facilities.
-2-
8. Developer shall secure at least three (3) qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified
bidder. Any claims for additional payment for extra work or charges
during construction shall be justified and shall be documented to the
satisfaction of the Director of Engineering.
9. Developer shall provide a detailed cost estimate which itemizes those
costs of the construction attributable to the improvements. The
estimate is preliminary and subject to final determination by the
Director of Engineering upon cmnpletion of Facilities.
10. Upon complying with conditions set forth in E.1 through E.5 above,
the developer shall be entitled to an immediate credit for 50 percent of
the estimated cost of the construction attributable to the Facilities.
Said immediate credit may be applied to the developer's obligation to
pay Otay Ranch Pedestrian Bridge Development Impact Fees for
building permits issued after the establishment of the credit. The
developer shall specify those building permits to which the credit is to
be applied at the time the developer submits the building permit
applications
After the developer has received valid bids for the project which
comply with E.8 above, entered into binding contracts for the
construction of the project, and met the conditions set forth in E. 10
above, to the satisfaction of the city manager's designee, the amount of
the immediate credit shall be increased to 75 percent of the bid amount
attributable to the Facilities. The developer shall specify those building
permits to which the credit is to be applied at the time the developer
submits the building permit applications.
12. When all work has been completed to the satisfaction of the city, the
developer shall submit verification of payments made for the
construction of the Facilities to the city. The city manager's designee
shall make the final determination on expenditures, which are eligible
for credit.
13. After final determination of eligible expenditures has been made by
the city manager's designee and the developer has complied with the
conditions set forth in E. 1 through E.12 above, as determined by the
city, the final amount of Otay Ranch Pedestrian Bridge Development
hnpact Fee credits shall be determined by the city manager's designee.
The developer shall receive additional credit against the fee obligation
in an amount equal to the difference between the final expenditure
-3-
determination and the amount of the 75 percent irmnediate credit used,
if any.
14. At the time building permits are issued for the developer's project, the
city will incrementally apply credit, which the developer has accrued
in lieu of collectin, g the required Otay Ranch Pedestrian Bridge
Development Impact Fees. The amount of the credit to be applied to
each building permit shall be based upon the fee schedule in effect at
the time of the building permit issuance. The city mahager's designee
shall convert such credit to an EDU basis for residential development
and/or a gross acre basis for commercial or industrial development for
purposes of determining the amount of credit to be applied to each
building permit.
15. If the total eligible construction cost for the Facilities is more than the
total Otay Ranch Pedestrian Bridge Development hnpact Fees which
will be required for the developer's project the developer may use the
excess as credit against future Otay Ranch Pedestrian Bridge
Development Impact Fee obligations. The city may, in its discretion,
enter into an agreement with the developer to convert excess credit
into EDU and/or gross acre credits for use against future development
impact fee obligations at the fee rate in effect on the date of the
agreeinent.
16. Whenever constructing a DIF-eligible pedestrian bridge using
assessment district or community facility district financing generates
an Otay Ranch Pedestrian Bridge Development Impact Fee credit, the
credit shall only be applied to the Otay Ranch Pedestrian Bridge
Development Impact Fee obligations ~vithin that district.
17. Developer agrees to comply with requirements of Ordinance Nos.
2767 and 2892.
Next page is signature page to Otay Ranch Pedestrian Bridge
Development lmpact Fee Agreement
-4-
SIGNATURE PAGE TO OTAY RANCH PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE AGREEMENT
CITY OF CHULA VISTA Otay Project L.P.
a California limited partnership
By: Otay Ranch Development, LLC
a Delaware limited liability company
Authorized M erab~
Clifford L. Swanson ~(~~ )
Director of Engineering By: ,
ated (F.~/~r~ , 2003
Approved as to form by
Ann Moore
City Attorney
J:\Engineer\LANDDEV\DIF's\PED BRIDGE FEES\development impact fee agreement
-5-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
persodally appeared '~Lk~ ~ Name(s) of Sign.r(s) /
'personally known to me
proved to me on the basis of satisfactory
evidence
to be the person~'~ whose name(,~
'~;~-~¢~.~,~~L~--~.-,~ subscribed to th~ withj.q, instru m ent and
~,~'.~z;'~~')~MORA KAY I¢ acknowledged to me~J;:~t~/)slT~/th.~ executed
~t/,~'_~.,~ C. ommission#12953&4 z the same. in ~(..~hgf/their/ s'~thorizecJ.
~; ~ Notary Public - Colifomlo ~
:~ $c~nDiegoCoun1~/ [ capacity(i~), and that by ~J~;~r/th~r
I~ ~ MyCornm. F~p~re~FeD,~,S:,~21]~5~J~ signatur~fA/) on the instrument the per~''~' ~oa~s), or
~'"~'"~""~'~ ':::"~'~ the entity u" pon behalf of which the person(s)/
acted, executed the instrument,
WITr~~ ha~d.,,~qd official seal,
OPTIONAL
Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and rea~tachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer -- Title(s):
[] Partner--C] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date: 6/!
ITEM TITLE: Resolution of the City Council of the City of Chula Vista urging the California
Building Standards Commission to adopt the International Building Code,
International Residential Code and Imernational Fire Code as published by the
International Code Council as the State Building and Fire Codes for Califomi~
SUBMITTED BY: Director of Pianning and Btfil~~. Fire Chief ~
REVIEWED BY: City Manager ~, 0 t~ (4/5tbs Vote: Yes,No_X_)
California is considering adopting new buildirlg and ]~re codes. Staf~ from the Building Division and
Fire Department have reviewed thc arguments supporting the competing building and five codes and
determined that the International Building, International Residential and International Fire Codes, as
published by the International Code Council, represent the best choice for thc City of Chula Vista and
the State of Californi~ Adoption of these codes will 10c much less disruptive to government
enforcemem operations and will bc embraced by thc construction industry.
RECOMMENDATION: Council adopt the resolution, direct the City Clerk to forward thc
resolution to Governor Gray Davis, California Building Standards Commission, League of California
Cities and other government and privme associations to encourage them to support Chula Vista's
position~ Additionally, direct thc City Manager, Fire Chief~ Fire Marshal and Chief Building Official to
pursue adoption of the Imernafional Building Code and International Fire Code on behalf of the
citizens of Chula Vista.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
For over 70 years, local jurisdictions in California have been enforcing the building code developed by
the International Conference of Building Officials (ICBO). The technical merits of the code, the code
development process and the support services the organization provides have served the cnforeemcnt
community and the construction industry very well during that time. In 1994 ICBO joined forces with
thc country's two other major building code publishers (BOCA and SBCCI) to form the International
Code Council (ICC). Thc goal of the new organization was to publish a single set of building codes
that could be enforced uniformly and consistently throughout the country. Using such a nationally
recognized code would also help maintain a competitive economic environment for business and
housing in the State of California. Currently 46 states, thc District of Columbia and federal agencies
Page 2, Item No.:
Meeting Date 6/1
use one or more ofthe codes published by ICC. The State of Califomia is now being asked to consider
adopting a new building and fire code recently developed by the National Fire Protection Association
(NFPA). tn staff's opinion, the new NFPA building and fire codes were hastily assembled with very
little input flora local building and fire officials and have no history of enforcement.
A principal consideration to local jurisdictions is the manner in which the codes are developed. The
ICC process promotes participation by all interested parties; however, the final vote on proposed code
changes rests solely with the government agency's representative (Building and Fire Officials). This
system, referred to as governmental consensus, precludes those with vested and proprietary interests
from controlling the outcome of the code development process and helps insure that those dedicated to
the preservation of the public health, safety and welfare of their colmuanity have the ultimate voice in
determining the content of the codes. The NFPA process does not contain such safeguards.
The ICC codes have also been developed to specifically comply with the federal Americans with
Disabilities Act and are approved as a safe harbor for complying with the Fair Homing Act Guidelines.
Building to such standards help insure the civil rights of the disabled are incorporated into all new
construction projects. Additionally, the ICC Codes have been endorsed by leading building industry
groups and professional organizations including National Association of Home Builders (NAHB),
California Building Industry Association (CBIA), Building Owners and Managers Association
(BOMA), National Apartmem Association, National Multi-Housing Council, International City
Managers Association (ICMA), American Institute of Architects (AIA) and the California Building
Officials (CALBO). Approximately t5 other jurisdictions within the state have also adopted, or have
scheduled for adoption, a similar resolution endorsing the International Building Code and Internation_al
Residential Code. No jurisdictions in California have adopted a resolution endorsing the new NFPA
Building or Fire Code.
Even though local officials perform 95% of all btfilding and fire code enforcemem in California, by
state law, it is the Building Standards Commission that is given authority to select which building
and fire codes will be enforced throughout the state. Local Building avxl Fire Officials feel they
should he afforded a gremer weight in influencing the selection of the most appropriate code for
enforcement within their local jurisdiction. This resolution will advise the Building Standards
Commission and Governor's Office of Chula Vista's position regarding adoption of the building
and fire codes in California.
FISCAL IMPACT: None
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE STATEWIDE ADOPTION OF
THE INTERNATIONAL BUILDING CODE, INTERNATIONAL
RESIDENTIAL CODE AND INTERNATIONAL FIRE CODE AS
PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AS THE
STATE BUILDING AND FIRE CODES FOR CALIFORNIA.
WHEREAS, the codes published by the International Conference of Building Officials
(ICBO) have been successful in ensuring a high level of public health, safety and welfare in
building construction for the citizens of California for over 70 years; and
WHEREAS, the three major model code organizations including ICBO joined to
consolidate into the International Code Council (ICC) and produce the ICC International Codes
as a single set of building and fire safety codes for nationwide and international use instead of
three; and
WHEREAS, one or more of the ICC International Codes are used in 46 states, the
District of Columbia, and by federal agencies; and
WHEREAS, adopting the ICC International Codes with nationwide usage is necessary to
maintain a competitive economic environment for business and housing in the State of California
and in the City of Chula Vista; and
WHEREAS, adoption of the ICC International Codes has been endorsed by leading
building industry groups and professional organizations, including:
National Association Home Builders (NAHB)
· California Building Industry Association (CBIA)
· Building Owners and Managers Association (BOMA)
· National Apartment Association
· National Multi-Housing Council
· International City Managers Association (ICMA)
· American Institute &Architects (AIA)
· California Building Officials (CALBO)
WHEREAS, the ICC International Codes are developed through an open, inclusive and
balanced process that ensures the participation of all interested parties while maintaining the
final determination of code provisions beyond the control of vested and proprietary interests and
with Building and Fire Code Officials dedicated to the preservation of the public health, safety
and welfare in our community; and
WHEREAS, the accessibility provisions in the ICC International Codes have been
developed to comply with federal American with Disabilities Act and are approved as a safe
harbor for complying with federal Fair Housing Act Guidelines; and
WHEREAS, local jurisdictions such as the City of Chula Vista are responsible for
enforcing building and fire codes for approximately 95% of the buildings in the State of
Califomia; and
WHEREAS, local jurisdictions should have commensurate participation in the decision
as to which codes for building and fire life safety are adopted in the State of California on behalf
of our communities.
NOW, THEREFORE, the City Council of the City of Chula Vista DOES HEREBY
RESOLVE:
1. To declare its support for adoption of the ICC International Building, Residential and
Fire Codes by the California Building Standards Commission for use in the State of
California and the City of Chula Vista; and
2. To direct the Ci.ty Clerk to forward this resolution to Governor Gray Davis and the
California Building Standards Commission; and
3. To direct the City Clerk to forward this resolution to the League of California Cities,
California Building Officials, California Fire Chiefs Association, International Code
Council, and other appropriate governmental and private organizations for the
purpose of encouraging adoption of the ICC International Building, Residential and
Fire Codes; and
4. To direct the City Manager, Fire Chief,. Fire Marshal and Chief Building Official to
represent the citizens of Chula Vista in the pursuit, to the greatest extent possible, of
the adoption of the ICC Intemationai Building,
Residential and Fire Codes for use in the State of California and the City of Chula
Vista.
Presented by Approved as to form by
Robert A. Leiter Ann Moore
Planning and Building Director City Attorney
(H:\bld_Hsg\bradr~resolution - C~lifomia city support oflCC Codes 052103.doc)
2
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/10/03
ITEM TITLE: Public Hearing regarding acquisition of certain rights-of-way on portions
of Assessors Parcel Numbers (APN) 624-100-13, 624-100-14, 624-100-
15, 624-100-16, 624-210-08. 624-210-09, 624-210-10, 624-210-11, 624-
210-12, 624-210-13,624-210-16, 624-210-17, 624-210-20, & 624-210-28
for construction of "I-805/East Orange Avenue/Olympic Parkway
interchange improvement" project STM-328.
Resolution Approving an agreement with Linda Bartz &
Associates for condemnation proceedings related to project STM-328 and
authorizing the Mayor to execute said agreement.
Resolution Determining and declaring the public interest and
necessity for acquiring and authorizing condemnation and immediate
possession o f portion of Assessor Parcel Numbers 624-100-13, 624-100-
14, 624-100-15, 624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-
210-11, 624-210-12, 624-210-13, 624-210-16, 624-210-17, 624-210-20
and 624-210-28 for the sound walls and appurtenances thereto for 1-
805/East Orange Avenue/Olympic Parkway Interchange Improvement
Project (CIP/STM 328) authorizing the commencement of condemnation
proceedings by outside counsel to acquire said properties in the manner
provided by laxv.
Resolution Adopting a utility agreement with SBC (Pacific
Bell) for utilities related to project STM-328 and authorizing the City
Manager to execute said agreement.
SUBMITTED BY: Director of Engineering~
REVIEWED BY: City Manager~ 9¢/ (4/5tbs Vote: Yes__No X
BACKGROUND:
The interchange at 1-805/East Orange Avenue/Olympic Parkway is proposed to be widened to
accommodate additional lanes on the bridge deck and approaches between Melrose Avenue and
just east of Oleander Avenue. Additional items of work include ramp widening, auxiliary lanes
and the construction of sound barriers consisting of sound walls and earthen sound berms. This
facility will ultimately provide the roadway capacity needed in the area and will serve both the
westerly and easterly portions of the City.
The construction of the interchange improvement project cannot begin until additional right-of-
way on 14 parcels adjacent to East Orange Avenue and Olympic Parkway are acquired. To
facilitate this, the owners of the properties identified as APN 624-100-13, 624-100-14, 624-100-
15, 624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-210-11, 624-210-12, 624-210-13,
Page 2, Item /9
Meeting Date: 6/10/03
624-210-16, 624-210-17, 624-210-20, & 624-210-28 (See Attachment 1) were sent the City's
offer documents offering to purchase the properties subject to City Council approval.
The City's right-of-way acquisition consultant, William MacFarlaine, made the offers, which
~vere based on independent MAI appraisals to the property owners of record contingent upon City
Council approval. Negotiations to purchase the needed rights-of-way will continue in the hope
that settlement will be reached with the owners without having to obtain a final order of
condemnation from the court. Council is requested at this time to initiate eminent domain
proceedings for the subject properties in the event that negotiations with the property owners
ultimately prove to be unsuccessful and to ensure that timely possession can be secured to meet
construction timelines.
RECOMMENDATION: That Council:
1. Hold the Public Hearing regarding acquisition of certain rights-of-way on portions of
Assessors Pamel Numbers (APN) 624-100-13, 624-100-14, 624-100-15, 624-100-16,
624-210-08, 624-210-09, 624-210-10, 624-210-11,624-210-12, 624-210-13,624-210-16,
624-210-17, 624-210-20, & 624-210-28 for construction of "I-805/East Orange
Avenue/Olympic Parkway interchange improvement" project STM-328.
2. Approve an agreement with Linda Bartz & Associates for condemnation proceedings
related to project STM-328 and authorize the Mayor to execute said agreement.
3. Approve the Resolution of Necessity to commence the eminent domain process and
authorize the commencement of condemnation proceedings by outside counsel, Linda
Bartz & Associates, to acquire said rights-of-way and to obtain possession of the
properties in the manner provided by law.
4. Approve a utility agreement with SBC (Pacific Bell) for relocation of existing easements
and appurtenances related to the project and allowing the City Manager to execute said
agreement
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Project Description
Due to the need to provide additional traffic capacity at the interchange of 1-805/East Orange
Avenue/Olympic Parkway, the City initiated a Capital Improvement Project that would
ultimately widen the overcrossing and all on-ramps and off-ramps at this location. Although all
of this work is within the State right-of-way (Caltrans' jurisdiction) there is some work east and
west of the bridge deck within the City of Chula Vista's jurisdiction. The City is considered the
project applicant with Caltrans providing oversight.
Page 3, Item ]~
Meeting Date: 6/10/03
The project proposes to revise the existing East Orange Avenue/Olympic Parkway interchange
on Interstate 805 from 0.75 miles south (Otay Valley Road) to 0.6 miles north (East Palomar
Street) of the interchange. The project will also modify and widen the southbound exit ramp to
Otay Valley Road to provide for a dual lane exit. The proposed improvements would increase
the capacity of the existing diamond interchange to acconmaodate the forecasted 2025 traffic
volumes and provide the needed capacity on the southbound Otay Valley Road off-ramp during
events held at the Coors Amphitheatre. The proposed combined project improvements include
the widening of the existing East Orange Avenue overcrossing, widening of East Orange Avenue
and Olympic Parkway, constructing auxiliary lanes on 1-805, widening and modifying
signalization on the existing ramps for the East Orange Avenue/Olympic Parkway interchange
and the southbound exit ramp to Otay Valley Road, along with the construction of noise barriers
and retaining xvalls.
This proposed project includes modifications and widening of the existing diamond interchange
at 1-805 and East Orange Avenue/Olympic Parkway. The project will also add auxiliary freeway
lanes between East Orange Avenue/Olympic Parkway and Otay Valley Road. Additionally, East
Orange Avenue from Melrose Avenue easterly to 1-805 and on Olympic Parkway westerly from
Concord Way towards 1-805 wiI1 also be widened to provide for additional through lanes and
turn lanes to accommodate projected traffic levels through 2025 pursuant to Caltrans and City of
Chula Vista traffic standards. The existing configuration would be expanded to include two
through lanes and two dedicated left-turn lanes for eastbound and westbound traffic. A painted
median with a left-turn couplet (one lane that opens up to dual lefi-turn lanes) would be provided
on the bridge deck over 1-805.
Environmental
Since the proposed project includes a combination of local, state and federal funds, it is subject to
the California Environmental Quality Act (CEQA) and National Enviromnental Policy Act
(NEPA) process. The City is considered the lead agency for the CEQA process for this
interchange project and Caltrans is the lead for the NEPA process. The City's Environmental
Review Coordinator has reviewed the proposed project for compliance with CEQA and has
determined that the proposed project was adequately covered in the 1-805/Orange Avenue
Mitigated Negative Declaration/Environmental Assessment (IS-00-49) that was adopted on May
6, 2003 (See Attachment 2). Additionally, the Federal Highway Administration (FHWA) also
approved the Mitigated Negative Declaration/Environmental Assessment for the project on May
9, 2003. No further environmental review or documentation is necessary.
Project Alternatives
In order to consider possible design impacts on adjacent properties, the following three project
alternatives were considered for the interchange improvements:
Alternative 1 - Interchange Improvements- Northerly Widening of the East Orange
A venue/Olympic Parkway overcrossing.
Page 4, Item /~
Meeting Date: 6/10/03
Alternative 1 widens the bridge on the north side only. This will require the majority of the
widening of East Orange Avenue/Olympic Parkway to be on the north side in both directions
from the bridge. While this alternative increases the height of retaining walls by as much as 6
feet in the northeast quadrant of the intemhange, it will also minimize the needed right-of-way.
Retaining walls would be constructed along the north side of Olympic Parkway east of the
interchange and along the south side of East Orange Avenue west of the interchange to minimize
property impacts by as much as a 13 foot encroachment. East ofi-805 along the south side of the
roadway there is a significant drop in topography that is avoided with this alternative. This
alternative is the City preferred alternative.
Alternative 2 - Interchange Improvements- Northerly and Southerly Widening of the East
Orange A venue/Olympic Parkway overcrossing.
Altemative 2 would widen the bridge on bofh the north and south sides and provide the same
traffic capacity as Alternative 1. This alternative will require more right-of-way on the south side
of the interchange and would require additional retaining walls. Due to the additional bridge
railing, wing walls, and closure pours, and the additional traffic control and falsework
construction that would be required, this alternative is approximately 20% more costly. The
bridge structure cost is estimated at $1.3 million for Alternative 1 and $1.6 million for
Alternative 2. In addition, there would be the need to do additional grading work along the south
side of Olympic Parkway to fill in a portion of the area immediately south of the existing
sidewalk area and would impact all of the properties between the northbound off-ramp and
Oleander Avenue more than the first alternative.
Alternative 3 No Build.
Alternative 3 does not accommodate the anticipated traffic growth or alleviate the anticipated
congestion problems. Future traffic volumes will not be handled by the existing configuration of
the interchange. This alternative will leave the development of the eastern section of the city
without adequate facilities to handle the traffic demand. Traffic delays and vehicle queues would
be long and traffic safety would decrease.
Sound Barriers:
The proposed project is located within portions of both Caltrans and the City of Chula Vista
rights-of-way. The FHWA and Caltrans noise criteria were required to be used by Caltrans for
the entire study area, however, the City of Chula Vista noise criteria were also used for the
remaining areas along East Orange Avenue and Olympic Parkway, which are within the City's
jurisdictional right-of-way.
The FHWA Sound Barrier Policy was used for the entire project area. Using this policy the
outcome of a property owner vote was used to determine where walls would be constructed in
accordance with the FHWA policy adjacent to, or within, the Caltrans right-of-way. The City's
noise criteria was also used in those areas located within the City's right-of-way.
Page 5, Item /'D
Meeting Date: 6/10/03
The construction of the interchange improvements necessitates the construction of a combination
of sound walls and sound berms that together form the sound barriers required for noise
mitigation. Retaining walls are also proposed along the East Orange Avenue and Olympic
Parkway portions of the project due to the adjacent topography. For the construction of project
required retaining walls and/or soundwalls, fight-of-way is needed for 14 single family
residential parcels. City staff, the Consultant, and Subconsultants have met, discussed and
mailed information to all project affected residents since late November of 2002. The sound
walls were only proposed in areas where there is not sufficient room to construct an earthen berm
or the topography could not accommodate the earthen berm.
Public Hearing
In order to acquire real property for public purposes, pursuant to Government Code Section
7267.2, the City of Chula Vista must make an offer to purchase the property for an amount
constituting "just compensation". If an agreement for the voluntary purchase of the property
cannot be reached, the City may then duly notice and conduct a public hearing to consider
whether to acquire the property by the exercise of its powers of eminent domain. At such a
hearing, pursuant to Civil Procedure Code Section 1240.030, the City must find and determine
that:
A. The public interest and necessity require the projec!;
B. The project is planned or located in a manner t'hat will be the most compatible with the
greatest public good and least private injury;
C. The properties sought to be acquired are necessary for the project;
D. Offers have been made to the record owners or have not been made because the owners
cannot be located; and
E. The project is compatible with the existing City of San Diego Water Pipelines within the
corridor of the proposed alignment.
The properties that are the subject of this public hearing are portions of APN 624-100-13,624-
100-14, 624-100-15, 624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-210-11, 624-210-
12, 624-210-13, 624-210-16, 624-210-17, 624-210-20, & 624-210-28. The owners of said
parcels were presented with written offers on May 14, 2003 to grant the City right-of-way over
certain portions of their property required for the construction of "I-805/East Orange
Avenue/Olympic Parkway interchange improvement project (STM-328)".
Table 1
No. Soundwall Property Assessor Address
No. Owner Parcel No.
1. B-15 Franck Safley, et ux 624-100-13 301 Sandstone Court
2. B-15 Anita Ciaverella 624-100-14 305 Sandstone Court
3. B-15 Jeannie Dantzler 624-100-15 3I 1 Sandstqne Court
4. B-15 Henry M. Cruz et ux 624-100-16 315 Sandstone Court
Page 6, Item
Meeting Date: 6/10/03
5. B-12 Joy C. Gritts et ux 624-210-08 454 Rivera Court
6. B-12 Robert L. Atterberry et ux 624-210-09 460 Rivera Court
7. B-12 Patsy A. Goodman 624-210-10 468 Rivera Court
8. B- 12 Mafia Esperanza Garza 624-210-11 476 Rivera Court
9. B-12 Ricardo A. Dizon Trust 624-210-12 484 Rivera Court
10. B-12 Martin Huerta et ux 62¢-210-13 490 Rivera Court
11. St. widening James L. Castro Trust 624-210-16 1493 Oleander Avenue
12. St. widening Manuel Palaez et ux 624-210-17 1501 Oleander Avenue
13. B-8 Raymond Cruz Trust 624-210-20 1500 Oleander Avenue
14. B-8 Raoul R. Moreno et ux 624-210-28 1503 Ocala Court
The offers were based on appraisal and complied with requirements of Government Code Section
7267.2. The City's right-of-way acquisition consultant, JANMAC (William MacFarlaine) is
currently contacting the property owners in an attempt to acquire the needed easements for
portions of their property by negotiations. Since~the construction of this project is crucial to the
continued development of the City of Chula Vista, City staff recommends that Council authorize
the use of the City's eminent domain powers by adopting a Resolution of Necessity.
In order to meet this construction schedule, possession of these required properties must be
obtained as soon as possible. Absent agreement with the owners, condemnation is necessary in
order to gain possession.
By letter dated May 22, 2003, City staff notified these property owners of a public hearing
scheduled for Tuesday, June 10, 2003, at which time the City Council would consider adopting a
Resolution of Necessity for the acquisition of portions of their property. The letter informed
them of their right to appear and to speak to the City Council with regard to the City's right to
acquire their property.
The Final Mitigated Negative Declaration/Environmental Assessment includes the following
language:
"It should be noted that identified noised abatement barriers may change or be eliminated
from the final project design, if pertinent changes occur (e.g., reasonable/feasible conclusions
or homeowner preferences). Specific homeowners, for example, may decide not to authorize
wall construction on their private property, with walls still proposed on adjacent lots (i.e.,
with more than 50 percent of affected property owners owners still in favor). The creation of
such a "gap" in a proposed wall under this scenario would require "wing walls" on one or
both sides of the gap to maintain adequate noise abatement at adjacent sites (i.~., to prevent
noise from "leaking" through the gap and into adjacent sites). Under such circumstances,
additional technical and/or envirorm~ental reviews could be required prior to implementing
the proposed changes...."
As this language indicates, and as allowed by Caltrans' and FHWA protocol, depending upon
subsequent property owner contacts, staff will make any necessary changes to the soundwall
plans. Staff will continue to contact property owners to refine the soundwall plans.
Page 7, Item [~
Meeting Date: 6/10/03
Sound Wall B8 East ofi-805 & south side of Olwnpic Parkway. (1500 Oleander Ave.& 1503
Ocala Ct.)
Soundwall B8 is located east of 1-805 and parallel to the south side of Olympic Parkway. The
soundwall is proposed to be constructed from Oleander Avenue westerly for approximately 170
feet and thus affects only two properties. Eastbound Olympic Parkway would be reconfigured to
include two through lanes, one dual purpose through and right-turn lane, and one dedicated left-
turn pocket onto Oleander Avenue.
Sound Wall B12 East ofi-805 & north side of Olwnpic Parkway. (400 block of Rivera Ct.)
Soundwall BI2 is located east of 1-805 and parallel to the north side of Olympic Parkway. It
should be noted that during the comment period staff received a letter from the 4 properties .on
east end of Rivera Court at Oleander Avenue. The four residences to the east of 460 Rivera
Court (i.e., 468, 476, 484 & 490 Rivera Court) requested that they also be provided with a sound
wall similar to the 3 westerly properties (448, 454 & 460 Rivera Court) on that block. The City
Council on May 6, 2003 approved extending the soundwall to the east so that all of the parcels
along the north side of Olympic Parkway between 1-805 and Oleander Avenue will have a
soundwall constructed as part of this project. The property owners have agreed to dedicate the
right of way and staff will include the construction of this soundwall extension as part of the
project. Westbound Olympic Parkway would be reconfigured to include one through lane, one
dual purpose through and right-turn lane, and one dedicated right-turn lane onto northbound 1-
805.
Soundwall B-15 West ofi-805 & south side of East Orange Ave. (300 block of Sandstone Ct)
Soundwall B-15 is located on the south side of East Orange Avenue, west of 1-805 adjacent to
the properties on the Sandstone Court cul-de-sac. This soundwall affects four properties due to
the widening of the south side of the street. The project proposes to construct a retaining wall
and a sound wall in order to accommodate the additional eastbound lane on East Orange Avenue.
Eastbound East Orange Avenue would be reconfigured to include two through lanes, and one
right-turn lane onto southbound 1-805.
Construction Schedule and Phasing
Due to the large amount of work involved with the bridge deck widening, the freeway auxiliary
lanes and ramp widening, the sound barriers and the roadway widening, the project will have
several construction trades working at the same time. Until the pre-construction meeting to be
held with the successful contractor, staff cannot anticipate which items of work will be done first.
The construction time frame is 18 months. Since the project is anticipated to be advertised for
construction in July 2003, the construction of the first items of work is expected to begin in late
August or September 2003 and be completed in early 2005.
Public Outreach
Page 8, Item [-.3
Meeting Date: 6/10/03
On February 24, 2003, Staff held a noticed public meeting with residents and property owners
who either owned properties or businesses along the project limits. The area is generally
bounded by 1-805/East Palomar Street to the north to 1-805/Otay Valley Road to the south and
500 feet east of the easterly side of 1-805 to 500 west of the westerly side of 1-805. The purp6se
of the meeting was to brief the public on the project and to take public testimony on the
enviromnental document. City staff, the Consultant, Rick Engineering Company, and their
subconsultants were also available to answer any questions. Notices were sent to nearly 1200
properties, and approximately 50 residents attended the meeting.
REQUIRED FINDINGS FOR RESOLUTION OF NECESSITY FOR ACQUSITION OF
THE PROPERTIES IDENTIFIED AS ASSESSORS PARCEL NUMBERS (APN) 624-100-
13, 624-100-14, 624-100-15, 624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-210-11,
624-210-12, 624-210-13, 624-210-16, 624-210-17, 624-210-20, & 624-210-28.
The City has the right to acquire the properties through eminent domain, if the following findings
are made. Provided below are the principal findings to be considered by City:
(a) Findings As To Whether The Public Interest And Necessity Require The Project
The construction of the intemhange improvements at 1-805/East Orange Avenue/Olympic
Parkway is crucial to the existing development west of 1-805 and to the continued planned
and approved development in the eastern portion of the City. Currently, the existing
interchange and roadway is not adequate to accommodate existing traffic volumes.
The public interest and necessity require that the interchange and roadway be widened in
order to provide additional capacity for existing and future traffic volumes in south Chula
Vista.
(b) Findings As To Whether The Project Is Planned Or Located In The Manner That Will
Be Most Compatible With The Greatest Public Good And The Least Private Injury
The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury because the interchange and roadway
improvements will primarily be located within existing City and/or State right-of-way and
will provide roadway improvements between East Palomar Street and Main Street on 1-805
and between Melrose Avenue and Oleander Avenue on East Orange Avenue and Olympic
Parkway. In addition, the project will be located mostly adjacent to existing roadway
facilities and would not result in any new significant impacts.
(c) Findings As To Whether The Properties Sought To Be Acquired Are Necessary For The
Project
The properties sought to be acquired are necessary for the project because they are located
within the proposed roadway widening alignment corridor and within additional areas needed
temporarily to facilitate the project's construction.
Page 9, Item /3
Meeting Date: 6/10/03
(d) Findings As To Whether The Offer For Purchase Required By Government Code
Section 7267.2 has been Made To The Owner Of Record
On May 14, 2003, in accordance with Government Code Section 7267.2, the City made
offers to the property owners of record to acquire the properties for amounts constituting just
compensation, as determined by an appraisal.
(e) Findings As To Whether The Project Is Planned To Be Compatible With Existing
Facilities
See item (b) above.
In addition, "Temporary Construction Easements" (areas also shown in Table 1), will be needed
adjacent to the soundwall and roadway widening in order to facilitate the project's construction.
These easements are only temporary and will not extended.
The adoption of the requested Resolution of Necessity will allow the City to initiate the
proceedings to acquire possession of the necessary rights-of-way for the subject project.
Commencement of the eminent domain proceedings will authorize the filing of complaint(s) with
the Superior Court. The outside legal counsel services of Ms. Linda Bartz will be utilized for the
associated condemnation proceedings.
Ms. Bartz has reviewed the Resolution of Necessity and determined that the requested action is
in compliance with all applicable laws, City codes and ordinances.
Both Ms Bartz and a representative from the City's Real Property Manager, Mr. Rick Ryals, will
be present this evening for questions.
The action will facilitate the construction of the interchange improvements to the already
constructed westerly and easterly portions of East Orange Avenue and Olympic Parkway,
respectively while also providing additional lanes for the on-ramps and off-ramps and auxiliary
lanes on 1-805.
All conditions and statutory requirements necessary to exercise the power of eminent
domain ("the right to take") to acquire the properties described herein have been complied
with by the City of Chula Vista.
Based upon the above reference findings and others contained in the attached Resolution of
Necessity (RON), Staff recommends adoption of the RON to continue with the project
while the property acquisition is completed. Additional information regarding the above
findings is contained in the attached Resolution of Necessity.
SBC (PacBell agreement)
Due to the need to widen the north side of Olympic Parkway to provide for an additional
westbound lane, there is a SBC (Pacific Bell) telephone vault that must be relocated to the east
Page 10, Item ]~
Meeting Date: 6/10/03
into an existing open space lot. The vault, a controlled environment unit (CEU) currently is
located in private property within thc single-£amily residence parcel located at 1493 Oleander
Avenue (one of the 14 parcels listed in the previous table). In order to relocate the vault, an
agreement must be approved by Council. City staff has reviewed the agreement with the City
Attorney's office and is recommending approval of the agreement tonight (See Exhibit "A').
Linda Bartz & Associates Agreement
Due to the need to initiate legal proceedings to implement the herein described Eminent Domain
proceedings, Council is requested to execute and enter into an agreement with Linda Bartz &
Associates. Due to the time constraints imposed by this project, Ms. Bartz's recognized expertise
in Eminent Domain and her extensive experience with Caltrans' Policies and Procedures, no
competitive bids were sought.
FISCAL IMPACT:
This project is already budgeted as part of the Capital Improvement Program (CIP) process, as
STM-328. The approved project is anticipated to be funded from the following funding sources:
Federal Demonstration (DEMO) funds, a component of federal TEA-21 legislation in the amount
of $5,132,000.
Regional State Transportation Program (RSTP) funds in the amount of $8,446,000.
Federal retrofit soundwall funding from the Regional lml~rovement Program of the 1998 State
Transportation Improvement Program (STIP RIP) in the amount of $1,145,000.
Non-federal local agency (TransNet) funds in the amount of $3,422,000.
Local funds from Development Impact Fees (TD1]?) in the amount of $3,685,575.
Total Funds for the project are $21,830,575.
Attachment 1. Area Plat
Attachment 2. Excerpt of City Council minutes of 5/6/03
Exhibit A. SBC Pacific Bell agreement
Exhibit B. Linda Bartz agreement
H:\ENGINEER\STM328ResoOtNecessity_fxr .doc
5/30/2003 11:26:14 AM
A"FTACHMEN¥ _ /___.. ~
Z
~08-1
Excerpt from City Council Minutes of 5/6/03
A~ACHME~ 'f ,~....~_._
ACTION ITEMS (Continued)
Deputy Mayor Rindone recommended that $800 from the surplus funding be allocated to
Thursdays Meal.
Councilmember Salas stated that it was important to ensure the sustainabflity of sereice groups
prior to informational groups.
ACTION: Councilmember Salas offered Resolution No. 2003-180, as amended to: add $800
to Thursdays Meal; distribute $6,000 to the South Bay Senior Collaborative;
reduce Inform Chula Vista - Collaborative by $7,975 and add $6,975 to the
Chula Vista Family Violence Prevention and Intervention Coalition -
Collaborative; and add $1,000 to the Chula Vista Veterans Home Support Fund:
RESOLUTION NO. 2003-180, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE CONSOLIDATED
ANNUAL PLAN FOR FISCAL YEAR 2003/2004 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBO) AND HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAMS; AUTHORIZING TRANSMITTAL OF
THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTING
STAFF TO INCLUDE APPROPRIATIONS TO FUND THE ANNUAL PLAN
IN THE FISCAL YEAR 2003/2004 PROPOSED BUDGET
The motion carried 5-0.
Ms. Lembo and Ms. Buettner, representing Youth and Family Services, thanked the Council for
their support. Ms. Lembo stated that South Bay Community Services will be experiencing
severe cuts by the County and also expressed the need to place funding into direct services. Ms.
Buettner asked the Council in the future to reconsider its policy of a ten percent cut to programs
that have maintained longevity with the City.
17. CONSIDERATION OF ADOPTION OF THE MITIGATED NEGATIVE
DECLARATION/ENVIRONMENTAL ASSESSMENT (IS-00-49) AND MITIGATION
MONITORING AND REPORTING PROGRAM; AND ACCEPTANCE OF THE
PROJECT REPORT FOR THE INTERCHANGE AT 1-805 AND EAST ORANGE
AVENUE AND OLYMPIC PARKWAY
The interchange at Interstate 805/East Orange Avenue/Olympic Parkway is proposed to
be widened to accommodate additional lanes on the bridge deck and approaches between
Melrose Avenue and just east of Oleander Avenue. This project will ultimately provide
the roadway capacity needed in the area and will serve both the westerly and easterly
portions of the City. As part of the environmental review process to analyze potential
environmental impacts resulting from the construction of this facility, an Environmental
Document Report Initial Study/Negative Declaration and Environmental Assessment was
prepared for the project. The document includes an analysis of three possible alternatives
for the interchange project. Public comments and responses to those comments have
been completed. The project's construction schedule is from the summer of 2003
through the end of 2004 or early 2005. (Director of Engineering)
Page 11 - Council Minutes ~, 05/06/03
ACTION ITEMS (Continued)
Councilmember McCann stated that he owns property approximately 1,000 feet from a part of
the project. He then recused himself and left the dais.
Director of Engineering Swanson presented the Interstate 805 and East Orange Avenue/Olympic
Parkway interchange project.
Mark Watts, representing the consulting firm of Smith and Watts, discussed the critical issues
surrounding the allocation of funding for the project. He stated that trading for the soundwall
mitigation portion is on the Transportation Commission allocation plan, and that the proposed
project is in the appropriate category to receive funding.
Mayor Padilla noted a letter submitted by Todd Ingalls in support of the proposed sound wall
project.
Walter Fisher spoke in opposition to the proposed sound wall, stating that it would eliminate the
breeze and views in his back yard. He also believed that the sound wall would decrease the
value of his home.
Matt Flach spoke regarding the environmental impact report and CalTrans' recommendation that
an environmental assessment should be performed on second story homes. He believed that the
mitigation issues should be handled prior to commencement of the project. Mr. Flach stated that
the affected residents have not had the opportunity to see the proposed sound wall design and
added that the City's Design Review Committee should also be involved in the project design to
ensure that City standards are met. Engineering Director Swanson responded that the City has
been working with the CalTrans landscape architecture division regarding the wall design. Mike
Comwell, representing Pacific Noise Control, cited a statement issued by CalTrans regarding
mitigation for second floors. He stated that in this case, mitigation at the second floor level is
limited to exterior areas of frequent human use, and any sound wall would have to meet criteria
where the extended portion of the wall would have to reduce the noise level another five
decibels. He stated that at this time, CalTrans has indicated that its criteria have not been met,
and the City does not have criteria that require mitigation at the second floor level.
Greg Wakefield spoke in favor of the sound wall behind his residence on Quail Court. He
recommended that Lots 18 (his property), 19 and 20 be considered separately, since there is
significant traffic noise in his backyard, while there is a significant drop in sound level north of
his property. Engineering Director Swanson stated that staff would work with Mr. Wakefield
and other affected property owners on this issue.
Gustavo Ruiz-Rueda opposed the proposed sound wall, stating that it would affect his property
value and would prevent cool breezes on hot summer days. He added that sunset and ocean
views from his back yard would also be obstructed, and the walls would attract graffiti taggers.
Thomas McNally stated that his property lies about ten feet below the level of the freeway. His
property has been excluded from consideration for a new, higher sound wall, even though the
existing sound wall has not alleviated the traffic noise. He performed sound checks on his
property, as well as his neighbors' properties, and the readings reflected a range of between 69
and 71 decibels. Mr. McNally requested that another sound check be conducted on his property
or that a berm be built across from his home to alleviate the noise that would otherwise increase
when it rebounds off the walls on the other side of his property.
Page 12 - Council Minutes / ~ 05/06/03
ACTION ITEMS (Continued)
Todd Parsons stated that he resides across the street from Mr. McNally, and the wall on Mr.
McNally's property does nothing to mitigate the noise because of the way the home is situated.
If it were not for the fact that Mr. McNally's home is two stories, his neighbors also would
receive no mitigati.on. He requested consideration of another sound check and construction of a
taller wall to benefit the entire neighborhood.
Michelle Qulllin spoke in support of the construction of a sound wall or berm on her property,
since her home is located at eye-level with the freeway, providing no privacy from passersby.
She also suggested that the existing sound wall be continued to Main Street.
Raoul Moreno explained that his property is at an 80-degree angle and questioned how the wall
would be built in his particular location. Engineering Director Swanson responded that staff
would meet with Mr. Moreno to discuss the matter.
Ivan Rosabal spoke in support of the proposed sound walls but expressed concern that the walls
would become a canvass for graffiti. He suggested that the sound walls be topped with Plexiglas
so as not to obstruct any views, and that cactus plants be used for landscaping to help conserve
water and alleviate graffiti. Mr. Rosabal recommended that some form of artwork be
incorporated into the wall design to make it aesthetically pleasing. Engineering Director
Swanson responded that a report would be provided to Council on the materials and design of the
proposed walls.
Ricardo Deeson, a resident on Ibarra Court, explained that his property slopes down to Olympic
Parkway, and the excessive traffic noise causes the windows of his home to rattle dur'mg peak
hours. He asked the Council to extend the proposed sound wails to his property, as well as his
three neighbors' properties.
Carrie Clark, a Satinwood Court resident, stated that she has not been contacted regarding any
sound walls for her property. She expressed concern regarding truck noise and pollution and
added that she purchased triple glaze glass for her windows to lessen the noise. Ms. Clark asked
where the proposed sound walls would be built and whether or not additional trees could be
planted to absorb the noise and pollution. She invited staff to come to her home to observe the
traffic noise. Engineering Director Swanson replied that a sound berm is proposed for the area
where Ms. Clark resides, stating that the berm does the same thing as a sound wall to block the
sound and is also more aesthetically pleasing.
Mayor Padilla asked that there be further investigation regarding sound wall height in relation to
topography, stating that potential mitigation measures need to be identified and addressed with
the affected landowners prior to commencement of the project.
ACTION: Councilmember Davis moved to direct staff to continue working with the affected
residents and offered Resolution No. 2003-181, headings read, text waived:
RESOLUTION NO. 2003-181, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CI-IULA VISTA ADOPTING TI-IE MITIGATED NEGATIVE
DECLARATION/ENVIRONMENTAL ASSESSMENT (IS-0049) AND
MITIGATION MONITORING AND REPORTING PROGRAM; AND
ACCEPTING THE PROJECT REPORT FOR THE INTERCHANGE AT
INTERSTATE 805 AND EAST ORANGE AVENUE AND OLYMPIC
PARKWAY
The motion carried 4-0-1, with Councilmember McCann abstaining due to the
proximity of his property to a portion of the proposed project.
Page 13 - Council Minutes /,~ ~. f~;;j 05/06/03
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND LINDA BARTZ &
ASSOCIATES, FOR THE PROVISION OF LEGAL SERVICES
NEEDED FOR THE ACQUISITION OF RIGHT-OF-WAY
REQUIRED FOR THE CONSTRUCTION OF 1-805/EAST
ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the consultant, Linda Bartz & Associates, currently has a contract with the
City for the provision of legal services for a variety of projects; and
WHEREAS, under this contract, the consultant has previously provided legal services
relalive to the acquisition of right-of-way; and
WHEREAS, the 1-805/East Orange Avenae/Olympic Parkway Interchange project is
being administered by CALTRANS and Consultant has extensive specialized experience with
CALTRANS Policies and Procedures; and
WHEREAS, to this effect, City staff is recommending that Council approve a separate
agreement with Linda Bartz & Associates for thc provision of legal services, related to the
construction of 1-805/East Orange Avenue/Olympic Parkway Interchange project; and
WHEREAS, it is recommended that the consultant selection process be waived for the
following reasons:
· Linda Bartz & Associates was selected by the City of Chula Vista pursuant to a request
for qualifications (RFQ) to provide as-needed legal services
· Although the list established lkom the response to that RFQ has expired, Ms Bartz,
pursuant to that RFQ response, has subsequently provided legal services on
condemnation aud other matters.
· Ms Bartz is a recognized expert in Eminent Domain and CALTRANS Policies and
Procedures and is uniquely familiar with the project
· The establishment of this contract, while it increases the overall amount to be spent on
the project for these services, also serves as a refinement that is purely administrative to
better manage the Consultant's contract.
WHEREAS, staffis recommending that the City Council waive the consultant selection
process of Municipal Code Section 2.56.110 as impractical for above stated reasons.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the consultant selection process and approve an agreement between the
City of Chula Vista and Linda Bartz & Associates, for the provision of legal services needed for
the acquisition of right-of-way required for the construction of 1-805/East Orange
Avenue/Olympic Parkway Interchange project, a copy of which shall be kept on file in the office
of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Cliff Swanson Ann Moore
Director of Engineering City Attorney
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
Ann Moore
City Attorney
Dated:
Agreement with Linda Bartz & Associates for condemnation
proceedings related to Project STM-328.
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 4th day of June, 2003, by and between the City of
Chula Vista, (hereinafter"the CITY") and Linda Bartz & Associates (hereinafter"ATTORNEYS").
RECITALS
The following recitals are a substantive part of this Agreement:
1. ATTORNEYS represent they are qualified by virtue of experience, training, education and
expertise to accomplish the services necessary under this Agreement;
2. ATTORNEYS are specialists in the area of condemnation law and have extensive
expeIience in condemnation law; and
3. The CITY has periodically required the assistance of outside counsel on highly specialized
legal matters involving condemnation issues and overflow matters.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of A~reement.
This Agreement shall cover services rendered from the above-referenced effective date of
this Agreement until January 1, 2005.
2. Services to be Provided.
The services to be performed by ATTORNEYS shall consist of any and all tasks reasonably
required to advise, assist and fullyrepresent the CITY in all legal matters presented to ATTORNEYS
and on any matters in litigation, wherein ATTORNEYS are consulted by, or appears on behalf of,
the CITY. ATTORNEY'S services shall include, but are not limited to, matters concerning
condemnation or use o f eminent domain and any and all reasonably required legal representation on
behalf of the CITY.
3. Compensation - ATTORNEYS shall be compensated as follows:
3.1 Amount. The CITY shall compensate ATTORNEYS for services rendered at
the following hourly rate of$150 per hour except on matters identified as developer deposit account
funded matters for which ATTORNEYS services shall be rendered at $175 per hour and paralegal
hourly rate at $85 per hour.
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as
defined below, such hourly compensation shall be the sole and total remuneration for services
rendered pursuant to this Agreement.
3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for
services on a quarterly basis. All charges must be itemized by ATTORNEYS, showing in detail the
work task performed during the billing entry. All charges must be presented in a line item format
and in a manner such that each task is separately explained in reasonable detail, and with a specific
time allocation recorded, for each task. The invoice shall include the amount, billing rate and basis
for calculation of all fees and costs.
The CITY will not accept, and will not be responsible for block or cumulative invoice entries.
ATTORNEYS shall not charge the CITY for more than one ATTORNEY'S time when appearing
at a meeting, in Court, or for performing any task unless the CITY has expressly authorized the use
of two or more ATTORNEYS for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
Ann Moore
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5037
3.3 Reimbursements for Expenses. ATTORNEYS shall keep accurate records of
all costs, travel and expenses. These records shall be made available to the CITY upon reasonable
request.
The CITY will reimburse actual, reasonable and necessary out of pocket expenses
incurred by ATTORNEYS in performing any services under this Agreement as follows:
a. Photocopying charges at no more than $0.10 per page.
b. Facsimile charges at no more than $1.00 per page.
c. Computerized legal research at the actual amount charged to ATTORNEYS.
However, all computerized legal research must be authorized and approved
in advance by the CITY.
d. Parking Fees at the actual amount charged to ATTORNEYS
e. Travel/Mileage at the rate of $.36 per mile. Any travel fees incurred outside
of San Diego County must be authorized and approved in advance of the
CITY.
f. Statutory Fees, Witness fees, Reporters fees, Stenographic transcription,jury
fees and the cost of serving process actually incurred by ATTORNEYS.
g. ATTORNEYS may seek reimbursement for any actual, reasonable and
necessary expenses incurred on items not identified above with the prior
authorization and approval by the CITY.
The CITY will not reimburse ATTORNEYS for any additional charges incurred due to
"rush" deliveries or "late" charges, unless such expenses are approved in advance by the CITY and
the need for such services is determined by the CITY to be reasonably beyond the control of
ATTORNEYS.
To obtain reimbursement, ATTORNEYS shall submit a quarterly summary of
expenses, along with all supporting receipts upon request by CITY.
3.4 Expert Consultations and Witnesses.
Expert consultations and witnesses, and any investigators, may be retained on terms
acceptable to the CITY, authorized and approved in advance, for which the CITY shall reimburse
the ATTORNEYS or pay investigators, consultants or experts directly. In no event shall
ATTORNEYS retain any service of any expert, investigator or consultant without first receiving
express authorization and approval from the CITY.
4. Insurance.
4.1 Professional Errors and Omissions Insurance.
ATTORNEYS shall not commence any work under this Agreement until ATTORNEYS have
obtained all CITY approved insurance.
ATTORNEY shall obtain and maintain in full force and effect at all times
Professional Errors and Omissions Liability insurance in a reasonable mount acceptable to the City
Attorney.
ATTORNEY agrees to immediately notify the CITY in the event that the limits shall
fall below the acceptable coverage or if the insurance policies are allowed to lapse and substitute
insurance is, or is not, obtained.
4.2 kl~orkers Compensation Insurance.
ATTORNEY shall obtain and maintain workers compensation insurance in
accordance with section 3700 of the California Labor Code.
5. City Agent.
Ann Moore, City Attorney, for the purposes of this Agreement, is the Agent for the CITY.
Whenever authorization or approval is required, ATTORNEYS understand that the City Attorney
has the authority to provide the authorization or approval.
6. Independent Contractor.
ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be, deemed
employees of the CITY. ATTORNEYS are solely responsible for the payment of employment taxes,
workers compensation taxes, and any other taxes for employees.
7. Conflict of Interest.
ATTORNEYS represent that they presently have no material financial interest other than that
which may be held by the general public and shall not acquire any interest, direct or indirect, in any
contract or decision made on behalf of the CITY which may be affected by the services to be
performed by ATTORNEYS under this Agreement. ATTORNEYS further agree that no person
having any such interest shall be employed by them. If ATTORNEYS, or their employees, acquire
a direct or indirect personal interest, such interest shall be immediately disclosed to the CITY and
the interested individual shall abstain from any contracts or decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on ATTORNEYS by
the Business and Professions Code and by California Rules of Professional Conduct, ATTORNEYS
represent that no ATTORNEY shall represent clients before any board, commission, committee or
agency of the CITY or represent any client with interests adverse to the CITY. Furthermore,
ATTORNEYS shall at all times avoid conflicts of interest or the appearance of a conflict of interest
in performance of this Agreement. ATTORNEYS shall immediately notify the City Attorney of any
circumstances, or change of circumstances, that may provide for the potential for a conflict of
interest, or actual conflict of interest.
8. Non-Liability of Officials/Employees of the CITY.
No official or employee 0fthe CITY shall be personally liable for any default or liability
under this Agreement.
4
9. Compliance with Law.
ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations of
the Federal, State and local governments. In addition, ATTORNEYS agree to abide by all ethical
and moral standards as represented by the Rules of Professional Conduct as applied to the California
State Bar.
10. Work Product.
All docurhents, or other information developed or received, by ATTORNEYS shall be the
property of the CITY. ATTORNEYS shall provide the CITY with copies of items upon reasonable
demand or upon termination of this Agreement.
11. Notices.
All notices shall be personally delivered or mailed, via first class mail, to the below listed
address. In addition, such addresses shall be used for delivery for service of process. ATTORNEYS
agree to notify the CITY within ten (10) days of the date of any change of address and agrees to keep
an updated address with the applicable Courts on any matters that ATTORNEYS are representing
the CITY.
a. Address of ATTORNEYS is as follows:
Linda D. Bartz
Linda Bartz and Associates
1010 Second Avenue, Suite 1010
San Diego, CA 92101
(619) 237-5137 telephone
(619) 237-5110 facsimile
b. Address of CITY is as follows:
Ann Moore
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
12. Default/Termination of Agreement.
CITY and ATTORNEYS shall have the right to terminate this Agreement without cause by
giving fi~een (15) days written notice. However, ATTORNEYS shall not substitute out as Attorneys
of record on any matters it may be representing the CITY without first obtaining written consent
from the CITY, or first obtaining an appropriate Court Order, allowing ATTORNEYS to withdraw
as counsel of record.
13. Limitations Upon Assignment/Subcontracting.
ATTORNEYS agrees that no portion of their performance or services rendered under this
Agreement shall be assigned by ATTORNEYS or subcontracted to any other without prior written
authorization and approval of the CITY. CITY hereby acknowledges and consents to subcontract
work by Dennis Shields and William Polk.
14. Non-Discrimination.
ATTORNEYS covenant there shall be no discrimination based upon race, color, creed,
religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to
this Agreement.
15. Time of Essence.
Time is of the essence in the performance of this Agreement.
16. Entire Agreement.
This Agreement represents the Parties' final and mutual understanding. This Agreement
supersedes any previous Agreements, with the exception of the February 19, 2002 Services
Agreement for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer Projects,
oral or written.
17. Modification.
This Agreement shall not be modified or replaced except by another signed, written
Agreement, properly executed by the parties.
18. Waiver.
The waiver of any breach or any provision of this Agreement does not waive any other breach
of that term, or any other term, in this Agreement.
19. Partial Invalidity.
If any part of this Agreement is found for any reason to be unenforceable, all other parts
nonetheless shall remain in force.
20,
of Call fomia,
21. h tc~pretalion,
~JS Aglccmcmt shall Be int~re~d as ~ough prepped by both
22.
AI~ obtiga~ons ~rising prior to (he te~ination of~is A~:emen~ and al1 provisions of this
A~ment all~atmg responsibility nv liabilit~ be~een ~e CIT~ md ATTOR~YS s~ ~i~ ~ the
~ez~inat~on o f thj$ Agreement
IN WITNESS WHEREOF, these pa~.fies have execatcxi this As'rcemen! on the day and year
~hown ht~e~nabove.
Date:_ CITY OF CHULA ~STA
St~ve Padill~ Mayo~
A'V/'EST]
City Clerk
City
RESOLUTION NO. 2003-
RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY
FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE
POSSESSION OF PORTION OF ASSESSOR PARCEL NUMBERS 624-100-13,
624-100-14, 624-100-15, 624-100-16, 624-210-08, 624-210-09, 624-210-10, 624-
210-11,624-210-12, 624-210-13,624-210-16, 624-210-17, 624-210-20 AND 624-
210-28 FOR THE SOUND WALLS AND APPURTENANCES THERETO FOR 1-
805/EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE
IMPROVEMENT PROJECT (CIP/STM 328) AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE
COUNSEL TO ACQUIRE SAID PROPERTIES IN THE MANNER PROVIDED
BY LAW.
WHEREAS, in connection with municipal purposes, the City of Chula Vista must acquire
interest in portions o f Assessor Parcel Numbers 624-10(5-13,624-100-14, 624-100-15,624-100-16,
624-210-08,624-210-09, 624-210- l 0, 624-210-11,624-210-12, 624-210-13,624-210-16, 624-210-
17, 624-210-20 AND 624-210-28 for sound walls and appurtenances thereto for the 1-805/East
Orange Avenue/O13qnpic Parkway Intemhange Project (CIP/STM 328); and
WHEREAS, public interest, convenience and necessity require the acquisition of said real
properties more particularly described and depicted in the Deeds and Exhibits A and B thereto for
Fee Simple, Temporary Construction Easements, Permanent Footing Easements, and Temporary
Access Easements as on file in the City Clerk's office, for said Project; and
WHEREAS, on May 6, 2003, by Resolution 2003-181, Council approved the resolution
certi lying the 1-805/Orange Avenue Mitigated Negative Declaration/Environmental Assessment (IS-
00-49) and adopting the Mitigation Monitoring and Reporting Program for the Project, and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has determined that the Project was
covered in the previously adopted Mitigated Negative Declaration/Environmental Assessment (IS-
00-49), and
WHEREAS, on May 9, 2003, the Federal Highway Administration approved the
cnvironmental documents and issued a Finding of No Signi ficant Impart in accordance with NEPA
for this project; and
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, said real properties, and the interests therein, are necessary for the Project; and
WHEREAS, said real property is located entirely within the territorial limits of the City of
Chula Vista; and
WHEREAS, the City of Chula Vista is authorized to acquire said real property, for such
public use by eminent domain pursuant, inter alia, to California Constitution Article I, Section 19;
California Government Code Sections 37350.5, 38900, and 40404; and California Code of Civil
Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410; and
WHEREAS, offers to purchase the required interests in the real properties necessary for the
Project have been made to the owners of record, pursuant to Section 7267.2 of the California
Government Code, which off'ers have not been accepted; and
WHEREAS, the City of Chula Vista has provided notice to the persons designated in Section
1245.235 of the Code of Civil Procedure, and has provided all such persons a reasonable opportunity
to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
finds and determines and hereby declares, by a vote of not less than two4hirds of its members, as
follows:
1. That the above recitations are true and correct.
2. That the staff report and all evidence presented at the public hearing on this matter have
been reviewed and considered.
3. That the public interest, convenience and necessity of the City of Chula Vista, and the
inhabitants thereof, require the Project and improvements and appurtenances thereto.
4. That the real properties described and depicted in the Deeds for Fee Simple, Temporary
Construction Easements, Pern~anent Footing Easements, and Temporary Access
Easements, and Exhibits A and B thereto, have been planned and located in a manner
which will be most compatible with the greatest public good and the least private injury.
5. That the real properties, and the interests therein, described in the Deeds for Fee Simple,
Temporary Construction Easements, Permanent Footing Easements, and Temporary
Access Easements, and Exhibits A and B thereto, are necessary for the proposed Project.
6. That offers, as required by Section 7267.2 ofthe California Government Code, have been
made to the owners of record of the property to be acquired, and the notice and
opportunity to appear before the City Council as required by Section 1245.235 of thc
California Code of Civil Procedure have been given.
7. That the City of Chula Vista, and all appropriate officers, representatives and attorneys
are hereby authorized and directed to acquire the real property described and depicted in
the Deeds for Fee Simple, Temporary Construction Easements, Permanent Footing
Footing Easements, and Temporary Access Easements, and Exhibits A and B thereto, in
the name of and on behalf of the City of Chula Vista, and to that end are hereby
authorized and directed to commence and prosecute action(s) in eminent domain for the
purpose of acquiring said real property and to obtain court order(s) for immediate
possession of said properties in the manner provided by law.
Presented by: Approved as to form by:
Cliff Swanson
Director of Engineering City Attorney
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A UTILITY AGREEMENT WITH
SBC (PACIFIC BELL) FOR UTILITIES RELATED TO PROJECT
NO. STM-328, AND AUTHORIZING THE CITY ENG1NEER AND
CITY ATTORNEY TO EXECUTE SAID AGREEMENT
WHEREAS, due to the need to widen the north side of Olympic parkway to provide for an
additional westbound lane, there is a SBC (Pacific Bell) telephone vault that must be relocated to the
east into an exis.ting open space lot; and
WHEREAS, in order to relocate the vault, an agreement must be approved by Council; and
WItEREAS, City staff has reviewed the agreement with the City Attorney's office and is
recommending approval of the agreemenl; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
docs hereby adopt a utility agreement with SBC (Pacific Bell) for utilities related to Project No.
STM-328, and authorizing the City Manager to execute said agreement.
Presented by Approved as to form by
Cliff Swanson Ann Moore
Director of Engineering City Attorney
.h~,attort~¢y\~cso\Ag~eeemcnts\Utility Agreement ProJect SIM 328
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
- ~ ~ ~'-~n Moore
City Attorney
Dated:_
Agreement between the City of Chula Vista and Pacific
Telephone Company
RELOCATION AGREEMENT
This Agreement ("Agreement") is between CITY OF CHULA VISTA, a Municipal
Corporation (CITY), and PAC~IC BELL TELEPHONE COMPANY, a California
corporation ("Pacific") (collectively the "Parties").
I. DEFINITIONS.
As used in this Agreement, the following terms apply:
A. The term "underground facilities" includes, but is not limited to, conduit,
cables, manholes, service boxes, and related equipment.
B. The term "Project" means all of the work required to relocate existing
underground facilities as requested by CITY.
C. The term "Hazardous Substance" refers to any substance, material or
chemical that is or becomes regulated under applicable local, state, or
federal law, regulation, or ordinance.
II. RECITALS.
A. CITY has asked Pacific to relocate its existing underground facilities as
shown on Exhibit C attached hereto.
B. Pacific is willing to relocate its existing underground facilities as
requested by Applicant, subject to the terms and conditions of thi~
Agreement.
In consideration of the above Recitals, the Parties agree as follows:
III. SPECIFIC PROVISIONS.
A. Term
This Agreement is effective upon execution and shall continue in effect
until terminated or canceled as provided by law or this Agreement.
D3(17)I040Q ~
B. Pa,~ment by Applicant
1. Estimated Costs
Pacific shall furnish the City with the estimated cost and a copy of the
proposed relocation for its approval by letter(s), shown as Exhibit C
attached hereto and by reference made a part hereof.
2. Compensation
Pacific shall submit its invoice for 100% of its estimated costs. Said
costs shall become immediately due and payable of presentation of
Pacific's invoice
3. Final Determination of Costs
Within 180 days following completion of the relocation and/or
modification, Pacific shall make a determination of its final costs
actually and necessarily incurred to perform said work. Said final costs
shall be computed in accordance with the uniform systems of accounting
prescribed for utility companies by the CPUC, supplemented by Pacific's
regularly established accounting practices. Pacific shall promptly
forward a statement of said final costs to the CITY. The CITY shall have
reasonable access to accounting records of Pacific for the purpose of
auditing Pacific's statement of final costs. If said final costs exceed
sums actually previously paid by the CITY to Pacific, the CITY agrees to
pay Pacific, within 30 days of the date of said statement, said final costs
less any mounts previously paid by the CITY to Pacific pursuant to this
Agreement. If said final costs are less than payments made by the CITY
to Pacific, Pacific agrees to remit to the CITY, within 30 days of the date
of said statement, the difference thereof.
C. Licenses and Easements
Prior to constraction of the Project, CITY shall furnish Pacific with any
and all licenses and grants of easements that are necessary for the
Project, including the relocation, construction, and maintenance of
Pacific's facilities.
D. Performance by Pacific
Upon receipt of the advance payment referred to in Section III.B and the
licenses and easements referred to in Section III.C, Pacific shall proceed
with the Project.
E. Tax Liability
CITY shall pay, and hold Pacific ham~less from, and against all penalties,
interest, taxes or other charges related to the Project that are levied or
assessed against CITY.
D3(17)10~40Q 2
F. Hazardous Material
If, during the Project, Pacific employees, subcontractors, or agents
encounter Hazardous Substance(s) that may be disturbed by Pacific's
activities:
1. Pacific shall give prompt written notice of the discovery of the
Hazardous Substance(s) to CITY;
2. Pacific shall suspend performance under this Agreement until (1)
containment and removal of the Hazardous Substance(s) have
been completed and approved by the appropriate governmental
agency(ies) if such approval is required or approved by Pacific, if
governmental agency(ies) approval is not required; or (2)
Applicant reasonably demonstrates that the Hazardous Substance
will not be disturbed by Pacific's activities;
3. Pacific's performance of its obligations under this Agreement is
extended for the amount of time that it takes to complete
containment/removal of the Hazardous Substance(s); and,
4. If CITY elects not to remove/contain the Hazardous Substance(s),
Pacific may terminate this Agreement without further liability by
giving advance notice to Applicant no later than ten (10) days
after the date the Applicant notifies Pacific of its decision not to
remove/contain the Hazardous Substance(s). If Pacific terminates
this Agreement in accordance with this paragraph, Applicant shall
reimburse Pacific for the co~ts Pacific incurred prior to the
effective date of termination.
G. Indemnity; Limitation of Liability
1. CITY shall indemnify, defend at Pacific's request, and hold
harmless Pacific and its officers, agents and employees, as well as
its associated and affiliated companies and their respective
officers, agents, and employees ("~demnitees"), from and against
any and all losses, damages, expenses, costs, penalties, fines, fees
(including reasonable attorney's and consultant's fees), or
liabilities (collectively "Liabilities"), incurred as a result of the
condition of the property associated with the Project, including
environmental contamination, except where such Liabilities are
caused by the sole negl~gence or willful misconduct of
Indemnitees.
2. Pacific shall notify CITY within a reasonable time of any written
claims or demand against Pacific for which CITY is responsible
under this section. CITY shall also (a) keep Pacific fully informed
as to the progress of such defense, and (b) give Pacific, at its own
expense, an opportunity to participate with CITY in the defense
D3(I 7)1040Q 3
or settlement of such claims, demand, lawsuits or other legal
proceedings.
3. These indemnities shall survive the termination or cancellation of
this Agreement or any provision to the contrary herein.
4. IN NO EVENT WILL PACIFIC BE LIABLE TO APPLICANT
FOR INCDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, WHETHER BY TORT OR
CONTRACT, INCLUDING LOST REVENUES, LOSS OF
PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS
ARISING OUT OF THE PERFORMANCE OF THIS
CONTRACT, INCLUDING, WITHOUT LIMITATION,
NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM,
OR A DEFECT OR FAILURE TO PERFORM OR DEFECT OF
CABLE OR WIRING, REGARDLESS OF THE
FORESEEABILITY THEREOF.
IV. GENERAL PROVISIONS
A. Assimmaent
CITY shall not wholly or partially assign this Agreement without the
prior written consent of Pacific. This Agreement shall be for the benefit
of and is binding upon the respective successors and assigns of the
Parties hereto.
B. Waiver and Amendment
The provisions of this Agreement shall not be waived, altered, or
amended by any representations or promises of any party unless
consented to in writing by Pacific.
C. Force Maieure
Except for the payment of monies due under this A~eement, no party
shall be deemed in default of this Agreement to the extent that any delay
or failure in the performance of its obligations results from any cause
beyond its reasonable control and without its fault or negligence, such as
acts of God, acts of civil or military authority, embargoes, epidemics,
war, riots, unusually severe weather conditions, or strikes. In the event of
any such excused delay, the time for performance shall be extended for a
period equal to the time lost by reason of the delay. If any excused delay
occurs, the party unable to perform shall give immediate notice to the
other party, while simultaneous seeking, in good faith, to utilize
alternative means for accomplishing the purposes of this Agreement and
preventing delay.
D3(17)I040Q 4
D. Termination
This Agreement automatically terminates upon completion of Project. In
the event of any material default or breach of this Agreement by CITY, in
addition to all other rights and remedies which Pacific may have at law
or in equity, Pacific shall have the immediate right to terminate this
Agreement by giving ten (10) days prior written notice of termination.
The notice shall specify the cause of the termination and shall give CITY
a reasonable opportunity to cure and correct any such cause. In the event
this Agreement is terminated or suspended as provided herein, Pacific
shall not be liable to CITY or any other person or entity for any losses,
damages or claims which may arise as a result of termination. CITY shall
pay to Pacific any costs or expenses incurred by Pacific prior to the
termination of this Agreement. Any termination of this Agreement in
whole or in part shall not release CITY from any liability or obligation
.... ~, under this Agreement, whether of indemnity or otherwise, which may
have accrued or which may be accruing or which arises out of any claim
that may have accrued or may be accruing at the time of termination.
E. Attorneys' Fees
If any action is brought to adjudicate the rights granted in this Agreement
or to enfome any of the terms of this Agreement, the prevailing party
shall be entitled to an award of reasonable attorneys' fees in an amount to
be determined by a court or a tribunal of competent jurisdiction.
F. Jurisdiction
This Agreement shall be governed by the laws of the State of California
and is subject to the applicable rules, regulations and tariffs on file with
the California Public Utilities Commission.
G. Entire Agreement
This Agreement and the attached Exhibits that are incorporated herein by
this reference constitute the entire Agreement between the Parties with
respect to the subject matter hereof. Except as otherwise provided in this
Agreement, alt prior agreements, representations, statements,
negotiations and understandings are superseded.
H. Binding Effect
This Agreement shall be for the benefit of and is binding upon the
respective successors and assigns of the Parties.
I. Notices
All notices and other communications hereunder shall be in writing,
addressed as follows, and deemed given when delivered in person,
D3(17)I040Q S ! ;, ~/~£~
delivered to an agent such as an overnight or similar delivery service, or
three days after d~posited in the United States mail, postage prepaid.
CITY OF CHULA VISTA PACIFIC
276 Fourth Ave. 6150 Mission Gorge Rd.,Ste. 200
Chula Vista, CA 91910 San Diego, CA 92120
The duly authorized representatives of Applicant and Pacific have executed this
Agreement by affixing their signatures on the dates indicated below.
CITY OF CHULA VISTA PACIFIC BELL TELEPHON~ COMPANY
By: By:
Printed Name: Printed Name: Adam Cummings
Title: Title: En~neer
Date Signed: Date Signed:
D3(17)IO40Q 6 ~
I. Notices
All notices and other communications hereunder shall be in writing,
addressed as follows, and deemed given when delivered in person,
delivered to an agent such as an overnight or similar delivery service, or
three days after deposited in the United States mail, postage prepaid.
CITY OF CHULA VISTA PACIFIC
276 Fourth Ave. 6 ! 50 Mission Gorge Rd.,Ste. 200
Chula Vista, CA 91910 San Diego, CA 92120
The duly authorized representatives of Applicant and Pacific have executed this
A~eement by affixing their signatures on the dates indicated below.
CITY OF CHULA VISTA PACIFIC BELL TELEPHONE COMPANY
By: By:
Printed Name: Printed Name: Adam Cummings
Title: Title: Eng/neer
Date Signed: Date Signed:
D3(17)I040Q ~
COUNCIL AGENDA STATEMENT
Item: I ~
Meeting Date: 06/t 0/0:t
ITEM TITLE: Resolution of the City Council of the City ~f Chula Vista adolSting the CiW
of Chula Vista Air Quality Improvement Plan Guidelines
SUBMITTED BY: Director of Planning and Building ~
REVIEWED BY: City Managerial~~ (4/5th Vote: Yes __ No X )
The City completed an air quality and energy conservation pilot study of three SPA Plan projects in
August 2002. Staffwas directed to draft guidelines for future Air Quality Improvement Plans using
the information contained in the pilot study and report. Proposed guidelines for the preparation of
Air Quality Improvement Plans as required by the Growth Management Ordinance have been
completed.
The Environmental Review Coordinator has reviewed the proposed action for compliance with
the Califomia 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 Air Quality
Improvement Plan Guidelines.
BOARDS/COMMISSIONS RECOMMENDATION:
On May 28, 2003 the Planning Commission voted unanimously to recommend that the City
Council adopt the City of Chula Vista Air Quality Improvement Plan Guidelines.
In addition, on May 5, 2003, an informational presentation was made to the Resource
Conservation Commission (RCC) regarding the Air Quality Improvement Plan Guidelines. No
action was taken.
DISCUSSION:
The City of Chula Vista is recognized as a leader in air quality and energy conservation
programs. The City's Growth Management Ordinance, Municipal Code Section 19.09.050B,
requires an Air Quality Improvement Plan (AQ]P) to be submitted with all Sectional Planning
Area (SPA) Plans. If a SPA Plan is not required, an Air Quality Improvement Plan is required to
be submitted with Tentative Subdivision Maps. The Growth Management Program further
Page 2, Item: It~
Meeting Date: 6/10/03
requires that an Air Quality Improvement Plan be submitted for all major development projects,
defined as residential projects consisting of 50 dwelling units or greater, or commercial and
industrial projects with equivalent air quality impacts to a residential project of 50 dwelling units.
In accordance with the Growth Management Program, the Air Quality Improvement Plan must
provide an analysis of air pollution impacts that would result from the project. In addition the
AQIP must demonstrate the best available design to reduce vehicle trips, maintain or improve
traffic flow, redtice vehicle miles traveled, implement traffic control measures and other means
of reducing emissions, as well as defining a program to monitor compliance.
The City of Chula Vista CO2 Reduction Plan provides for consideration of land use and energy
efficient measures in new development to reduce CO2 emissions, energy consumption and air
pollution. In addition, the Chula Vista GreenStar Building Incentive Program, an action measure
contained in the CO2 Reduction Plan, was broadened to include air quality and energy
conservation at the SPA Plan and individual construction project level in new developments. As
a result of the City's expanded efforts to reduce air pollutants and increase energy conservation, a
pilot study was conducted.
The goal of the pilot study was to assess potential site design as it relates to air quality and energy
conservation including construction features in new developments. Three SPA plan projects,
EastLake III, Otay Ranch Village Six, and Otay Ranch Village Eleven participated in the pilot
study and Air Quality Improvement Plans were prepared based on the pilot study results.
The City retained a consultant to develop a customized computer model and prepare a report
containing analyses of various site design, air quality and energy conservation features and the
results of the pilot study. Although Air Quality Improvement Plans have been prepared for
previous projects, these are the first guidelines to be developed for the preparation of an Air
Quality Improvement Plan.
During the pilot study process, staff met with other City departments and the development
community to receive input and include their suggestions where possible. Staff identified a
common desire that the guidelines be easy to understand and administer, flexible, and include
energy conservation programs that qualify for financial incentives while avoiding unreasonable
burdens or delays to the developer.
Following the completion of the pilot study the Planning Commission and City Council held
public hearings and action was taken to accept the INDEX Pilot Test report and approve the
amendments to the SPA Plans of the three projects that participated in the pilot study.
The proposed Air Quality Improvement Plan Guidelines provide two options to meet the AQIP
requirement. The developer may choose to participate in the Chula Vista GreenStar Building
Program or evaluate the project using the CO2 1NDEX model developed for the pilot study.
Page 3, Item:
Meeting Date: 6/10/fig
Consistent with the CO2 Reduction Plan, participation in the GreenStar Building Program
requires that the developer agree to exceed the California Title 24 Energy Standards by 15% in
the majority (50% or greater) of the residential units in the project. In the case of non-residential
developments the developer must agree to exceed the California Title 24 Energy Standards by
10% in the majority (50% or greater) of the structures. Mixed-use projects must exceed the
California Title 24 Energy Standards in the majority of the structures with the level of
exceedence determined by the land use within the project.
Evaluation of a project using the CO2 INDEX involves the preparation of detailed GIS files that
are modeled and the resulting scores assessed based on the information obtained duhng the pilot
study. The pilot study identified key indicators having the greatest potential to achieve favorable
scores based on project design. The AQIP Guidelines contain a chart identifying twelve key
indicators and the scores necessary to achieve a positive outcome. The project must show
improvements at or beyond the threshold scores in two out of four indicators in each of the three
categories, land use, transportation and environment. If the initial project scores do not reflect
the necessary improvements then the developer must modify the project design and nm the
alternate proposal using the CO2 INDEX model.
The Air Quality Improvement Plan Guidelines include a provision for the use of alternate air
quality and energy conservation measures, including building programs not identified in the pilot
study as well as new technology. Data confirming that comparable energy and air quality
improvements are achieved must be provided and are subject to City review and approval.
Staff has concluded that the draft Air Quality Improvement Plan Guidelines are consistent with
the objectives and results of the pilot study program, requirements of the Growth Management
Ordinance, and goals and policies of the Chula Vista General Plan.
FISCAL IMPACT:
Adoption of the Air Quality Improvement Plan Guidelines will not result in a fiscal impact.
Implementation of the guidelines will require staff time to review Air Quality Improvement Plans
for compliance with the Air Quality Improvement Plan Guidelines. The associated costs will be
charged to the applicable project deposit accounts.
Aaachmems
I. Air Quality Improvement Plan Guidelines
2. Planning Commission Resolution PCM-03-35
CITY OF CHULA VISTA
Air Quality Improvement Plan
Guidelines
Part One- General City Requirements
The City of Chula Vista Growth Management Ordinance, Municipal Code Section
19.09.050B, requires an Air Quality Improvement Plan (AQIP) to be submitted with all
Sectional Planning Area (SPA) Plans, or if a SPA plan is not required, Tentative Maps.
The Growth Management Program further requires an Air Quality Improvement Plan for
all major development projects (50 dwelling units or greater, or commercial or industrial
projects with equivalent air quality impacts to a residential project of 50 or more dwelling
units). (See Part Three for an explanation of EDU's.)
The AQIP shall provide an analysis of air pollution impacts which would result from thc
project, and will be required to demonstrate the best available design to reduce vehicle
trips, maintain or improve traffic flow, reduce vehicle miles traveled, including
implementation of appropriate traffic control measures, and other means of reducing
emissions (direct or indirect) from thc project, as well as defining a program t~ monitor
compliance.
To further enhance opportunities to improve air quality and energy conservation, the
action measures contained in the City's Carbon Dioxide (CO2) Reduction Plan must be
addressed in the AQIP.
Part Two - Air Quality Improvement Plan Requirements for
Residential and Non-Residential or Mixed-Use Proiects Subiect to
A(~IP Requirements.
The following two options are available to meet the AQIP requirement. The Developer
may choose to participate in the Chula Vista GreenStar Building Efficiency Program or
evaluate the project using the Chula Vista CO2 iNDEX model including any necessary
site plan modifications.
1
.~ QIP Guidelines 5/12/03
1. CHULA VISTA GREENSTAR BUILD1NG EFFICIENCY PROGRAM.
Residential Projects
Consistent with the CO2 Reduction Plan, the Developer agrees to exceed the
California 2001 Title 24, Part 6, Energy Efficiency Standards (CA 2001Title 24)
by 15% in the majority (50% or greater) of the residential units in their project.
The Developer may prepare a streamlined AQIP consistent with the format and
content identified in the Air Quality Improvement Plan Outline for Residential
Projects Participating in the GreenStar Building Efficiency Program as more
particularly described in Attachment A.
Non-Residential Projects
Consistent with the CO2 Reduction Plan, the Developer agrees to exceed the
California 2001 Title 24, Part 6 requirements by 10% in the majority (50% or
greater) of the non-residential structures in their project.
The Developer may prepare a streaml!ned AQIP consistent with the format and
content identified in the Air Quality Improvement Plan Outline for Non-
Residential Projects Participating in the GreenStar Building Efficiency Program
as more particularly described in Attachment B.
Mixed-Use Projects
The Developer agrees to exceed the California 2001 Title 24, Part 6 requirements
in the construction of the majority (50% or greater) of the structures in the project.
The required level of CA 2001 Title 24 exceedence is determined by land use
within the project, consistent with the standards above.
The Developer may prepare a streamlined AQIP consistent with the format and
content identified in the Air Quality Improvement Plan Outline for Residential
and Non-Residential Projects Participating in the GreenStar Building Efficiency
Program as more particularly described in Attachments A and B.
2. CHULA VISTA CO2 INDEX MODEL
The Developer a~rees to model the project using the Chula Vista CO2 INDEX
model. A three-party agreement between the City of Chula Vista, the Consultant
providing the CO2 INDEX modeling, and the Developer shall be required. The
Developer is responsible for the costs of retaining the Consultant to perform the
CO2 iNDEX modeling services.
AQIPGuide~nes 5/12/03
The AQIP document shall be consistent with the format and content identified in
the Air Quality Improvement Plan Outline for Projects Using the CO2 INDEX
Model as more particularly described in Attachment C.
Part Three - Alternate Air Quality Measures and Future Air Quality
Improvement Technology.
The Developer may submit an Air Quality Improvement Plan containing alternate air
quality and energy conservation measures, including building programs and technology
not identified in the AQIP Guidelines. The Developer may also submit an AQ1P using
CO2 INDEX modeling at a broader scope including the General Development Plan level.
Alternate measures must be accompanied by data demonstrating, to the satisfaction of the
City, comparable energy and air quality improvements are achieved.
Part Four - Using Equivalent Dwelling Units (EDU's) to Determine Air
Quality Improvement Plan Requirements for Non-Residential and
Mixed Use Pro,|ects.
The following equivalencies apply to non-residential or mixed use projects:
· Commercial projects of 12 or more acres.
· Industrial projects of 24 or more acres.
· Mixed Use projects with a cumulative threshold equal to that of 50 or more
dwelling units.
Infill or redevelopment projects that provide information, to the satisfaction of the
Director of Planning and Building or his/her designee, indicating the net threshold
increase resulting from the proposed land use does not exceed the impact of 50 dwelling
units, will not be required to prepare an Air Quality Improvement Plan.
CITY OF CHULA VISTA
Air Quality Improvement
Plan Outline
Attachment A
RESIDENTIAL/iND MIXED USE PROJECTS
P/IRTICIPA TING IN THE GREENST/IR BUILDING
EFFICIENCY PROGRAM
The following outline sets forth the format and content of the Air Quality Improvement
Plan (AQ1P) for projects participating in the Chula Vista GreenStar Building Efficiency
Program.
1. Developer must agree to exceed the California 2001 Title 24, Part 6, Energy
Efficiency Standards (CA 2001 Title 24, effective 6/1/01) by 15% in the majority
(50% or greater) of residential dwelling traits through participation in a building
efficiency program such as ComfortWise or CA Energy Star, or develop a custom
building efficiency program using construction methods that exceed CA 2001
Title 24 requirements by 15%.
Mixed-Use projects must exceed the CA 2001 Title 24 standards in the
construction of the majority (50% or greater) of the structures in the project. The
required level of CA 2001 Title 24 exceedence is determined by land use within
the project consistent with the residential and non-residential requirements
outlined in the AQIP Guidelines.
In the event that changes to energy and building code standards occur subsequent
to the effective date of the Air Quality Improvement Plan Guidelines, building
efficiency programs sponsored or endorsed by state agencies or utility companies
will meet the requirement for participation in the Chula Vista GreenStar Building
Efficiency Program regardless of the level of California Title 24, Part 6
exceedence. Custom building efficiency programs consistent with future
organized building programs mentioned above will be permitted in the GreenStar
Building Program.
2. Developer may submit an AQIP in letter form containing the following
information:
1
GreenStar Residential Projects 5/12/03
· Project Description.
· Commitment to participate in the Chula Vista GreenStar Building
Program.
· Identify the specific building efficiency program to be used, or design a
custom building program that exceeds CA 2001 Title 24 requirements by
15%. Custom building programs must be accompanied by data
confirming CA 2001 Title 24 exceedence to the satisfaction of the
Director of Planning and Building or his/her designee.
· Total number of dwelling units committed to participation in the
GreenStar Program.
· Project features incorporated in the land use design that further enhance
energy conservation and reduce harmful emissions and air pollutants, such
as pedestrian and transit friendly features, compact development and
diversity of uses.
2
CITY OF CHULA VISTA
Air Quality Improvement
Plan Outline
Attachment B
NON-RESIDENTIAL PROJECTS P~IR TICIPA TING IN
THE GREENSTAR BUILDING EFFICIENCY
PROGRAM
The following outline sets forth the format and content of the Air Quality Improvement
Plan (AQIP) for non-residential projects participating in the Chula Vista GreenStar
Building Efficiency Program.
1. Developer must agree to exceed the California 2001 Title 24, Par~ 6, Energy
Efficiency Standards (CA 2001 Title 24, effective 6/1/01) by 10% in the majority
(50% or greater) of the non-residential structures in the project through
participation in a building efficiency program such as SDG&E Savings By
Design, or similar non-residential building efficiency programs or develop a
custom building efficiency program using construction methods that exceed CA
2001 Title 24 requirements by 10%.
In the event that changes to energy and building code standards occur subsequent
to the effective date of the Air Quality Improvement Plan Guidelines, building
efficiency programs sponsored or endorsed by state agencies or utility companies
will meet the requirement for participation in the Chula Vista GreenStar Building
Efficiency Program regardless of the level of California Title 24, Part 6
exceedence. Custom building efficiency programs consistent with future
organized building programs mentioned above will be permitted in the GreenStar
Building Program.
2. Developer may submit an AQIP in letter form containing the following
information:
· Project Description.
Commitment to participate in the Chula Vista GreenStar Building'
Efficiency Program.
GreenStar Non-Residential Projects 5/12/03
· Identify the specific building efficiency program to be used, or design a
custom building program that exceeds CA 2001 Title 24 requirements by
10%. Custom building programs must be accompanied by data
confirming CA 2001 Title 24 exceedence to the satisfaction of the
Director of Planning and Building or his/her designee.
· Number of structures committed to participation in the building efficiency
program.
· Project features that are incorporated in the land use design to further
enhance energy conservation and reduce harmful emissions and air
pollutants.
CITY OF CHULA VISTA
Air Quality Improvement
Plan Outline
Attachment C
PROJECTS USING THE C02 INDEX MODEL
The following outline sets forth the format and content of the Air Quality Improvement
Plan (AQIP) for projects using the CO2 INDEX Model. In accordance with the City of
Chula Vista Growth Management Program, the AQIP shall demonstrate the best available
design to reduce vehicle trips, maintain or improve traffic flow, reduce vehicle miles
traveled, identify means of reducing emissions (direct or indirect) from the project, and
define a program to monitor compliance. To further enhance opportunities to improve air
quality and energy conservation, the action measures contained in the City's Carbon
Dioxide (CO2) Reduction Plan and the City's Air Quality Improvement Plan INDEX
pilot study results must be considered in the AQIP.
All projects using the CO2 INDEX model must be submitted to the City in ArcView
format in both hard copy and electronic format.
In addition, the project AQIP 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. II.7.1,
II.7.2 replaced with 1., 2. etc.)
SECTION II.7 AIR QUALITY IMPROVEMENT PLAN
II.7.1 Executive Summary
Provide a brief summary of the Air Quality Improvement Plan. Particular
emphasis shall be given to the air quality improvement measures identified for
implementation in the project and the results of the modeling effort.
/t QIP Outline 5/12/03
II.7.2 Introduction
IL7.2a. Purpose
This section will describe the purpose of providing an Air Quality Improvement
Plan. Provide a brief explanation of the regulatory framework identifying the
authority and scope of the City of Chula Vista, State, and Federal regulations.
Where applicable, explain how the project has addressed regulations and include a
brief discussion of the following:
· Chula Vista's Growth Management Ordinance requires all major
development projects (50 dwelling units or greater, or commercial
or industrial projects with equivalent air quality impacts to a
residential project of 50 or more dwelling units) to prepare an Air
Quality Improvement Plan (AQIP).
· The Carbon Dioxide (CO2) Reduction Plan provides for further
consideration of land use and energy efficient measures in new
development to reduce CO2 emissions, energy consumption and air
pollution. The AQIP should include implementation of applicable
measures identified in the CO2 Reduction Plan.
II.7.3 Project Description
Project description including 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 or similar site plan
illustration for those projects that do not file a SPA Plan.
11.7.4 Air Quality Action Measures
List the following action measures as identified in the INDEX Pilot Study report
and the CO2 Reduction Plan. Include an explanation that the actions measures
were used to develop the indicators for the CO2 iNDEX model and that the
indicators address the energy efficiency and emission reduction aspects o£ the
proposed development.
LAND USE
a. Compact development - Minimize sprawl.
b. Density - Increase intensity of land use.
c. Land Use Diversity - Mix and variety o£ uses.
d. Orientation toward pedestrian and bicycles.
e. Orientation toward transit.
2
A QIP Outline 5/12/03
BUILDINGS & LANDSCAPING
f. Energy efficient building construction - Reduce energy use by exceeding Title
24 building standards.
g. Solar Use - Solar thermal applications and power generation.
h. Vegetation - Uptakes air pollutants and greenhouse gases and provides
shading to reduce temperatures.
TRANSPORTATION
Important components of Transportation Action Measures include dense street
networks, completeness of sidewalks and direct routes to popular destinations.
i. Pedestrian Facilities - Cimulation design and improvements for pedestrian
use.
j. Bicycle Facilities - System design and improvements to encourage bicycle
use.
k. Transit Facilities - Transit system design and improvements to circulation
system.
INFRASTRUCTURE
1. Water Use - Land planning that reduces water consumption. Reference the
Water Conservation Plan for the project.
II.7.5 Project Evaluation
Illustrate the CO2 iNDEX baseline and initial project scores.
As identified in the CO2 INDEX Pilot Study, the twelve key indicators listed in
the table below have the greatest potential to achieve favorable scores based on
project design. Initial project scores must reflect improvements at or beyond the
threshold scores in two out of four indicators in each element: Land Use,
Transportation and Environment.
Element Key Indicators Units of Measure Threshold
Scores
Land Use Mix 0 to 1 index .4 or higher
Land Use Balance 0 to 1 index .75 or higher
Land Use Neighborhood
Completeness % of key uses 50 or higher
Internal Cormectivity for
Vehicles 0 to 1 index .75 or higher
3
A QIP Outline 5/12/03
Pedestrian Network Pedestrian
Coverage Routes/streets 1.0 or higher
Ratio
Pedestrian Route Walkable distance
Transportation Directness vs straight-line ratio 1.5 or lower
Transit Service Coverage Stops/sq.mile 10 or higher
Daily Auto Driving Veh-mi./day/capita 20 or less
Park Proximity Distance to closest 1200 fi. or
park lower
Total Residential
Environment Energy Use MMBtugyr./capita 24 or lower
Total Nonresidential
Energy Use MMBtu/yr./emp. 12 or less
Total Res. & Nonresidential MMBtu/yr./person
Energy Use (capita + emp) 70 or less
If the initial project scores do not reflect improvements at or beyond the threshold
in two or more of the key indicators in each element then the Developer must
make modifications to the project design and have the alternate proposal mn
through the CO2 INDEX model.
Illustrate the results of the modified SPA Plan or site plan proposal (second run
project scores) including an analysis of air quality improvement, energy
conservation, and CO2 reduction achieved.
The Developer may propose alternate measures. The proposed alternate Air
Quality measures must be accompanied by data demonstrating, to the satisfaction
of the Director of Planning and Building, comparable energy and air quality
improvements are achieved.
II.7.6 Implementation Measures
List the Action Measures to be implemented in the project including any efforts
involving merchant builders and any other public or private agencies.
Reference the section and page of any mitigation measures contained in the
environmental documents that relate to air quality and construction emissions
impacts.
Reference the technical reports such as URBEMIS7G emissions analysis
contained in the environmental documents.
4
A QIP Outline 5/12/03
References
Appendix
5
/°rl4acA*tevd- .2
RESOLUTION NO. PCM-03-35
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT
THE CITY OF CHULA VISTA AIR QUALITY IMPROVEMENT PLAN
GUIDELINES
WHEREAS, the City of Chula Vista Growth Management Ordinance and Growth
Management Program require that a Air Quality Improvement Plan (AQIP) be submitted for
all major development projects (50 dwelling units or greater, or commercial or industrial
projects with equivalent air quality impacts to a residential project of 50 or more dwelling
units); and
WHEREAS, in accordance with the Growth Management Program, the Air Quality
Improvement Plan must provide an analysis of air pollution resulting from the project,
methods to improve traffic flow, reduce vehicle miles traveled, use of traffic control
measures, methods to reduce direct or indirect emissions, and a program to monitor
Compliance; and
WHEREAS, a pilot study was conducted to evaluate the effectiveness of various
site design, air quality and energy conservation features and develop guidelines for future
Air Quality Improvement Plans; and
WHEREAS, a report containing analyses of site design, air quality and energy
conservation measures and the results of the pilot study was prepared by Criterion
Planners/Engineers Inc., entitled INDEX Pilot Test: SPA Air Quality Improvement Plans,
June 2002, and a copy is kept on file with the City Clerk; and
WHEREAS, the air quality and energy conservation report and pilot study provided
necessary information for staff to use in developing guidelines for the preparation of future
air quality improvement plans; and
WHEREAS, Air Quality Improvement Plan Guidelines have now been developed
to direct the preparation of required Air Quality Improvement 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 THE PLANNING
COMMISSION hereby recommends that the City Council adopt the attached draft City
Council Resolution adopting the City of Chula Vista Air Quality Improvement 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 28th day of May 2003 by the following vote,
to-wit:
AYE S:
NOES:
ABSENT:
ATTEST:
Diana Vargas, Secretary Russ Hall, Chairperson
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA AIR QUALITY IMPROVEMENT
PLAN GUIDEL1N ES
WHEREAS, the City of Chula Vista Growth Management Ordinm~ce and Growth
Management Program require that an Air Quality Improvement Plan (AQIP) be submitted
for all major development projects (50 dwelling units or greater, or commercial or industrial
projects with equivalent air quality impacts to a residential project of 50 or more dwelling
units); and
WHEREAS, in accordance with the Growth Management Program, the Air Quality
hnprovement Plan must provide an analysis of air pollution resulting from the project,
methods to improve traffic flow, reduce vehicle miles traveled, use of traffic control
measures, methods to reduce direct or indirect emissions, and a progran~ to monitor
compliance; and
WHEREAS, a pilot study was conducted to evaluate the effectiveness of various site
design, air quality and energy conservation features, and develop guidelines for futura Air
Quality Improvement Plans; and
WHEREAS, a report containing analyscs of site design, air quality and energy
conservation measures and the results of the pilot study was prepared by Criterion
Planners/Engineers Inc., entitled INDEX Pilot Test: SPA Air Quality Improvement Plans,
June 2002, and a copy is kept on file with the City Clerk; and
WHEREAS, the air quality and energy conservation report and pilot study provided
necessary information for staff to use in developing guidelines for the preparation of future
air quality improvement plans; and
WHEREAS, Air Quality Improvement Plan Guidelines have now been developed to
direct the preparation of required Air Quality Improvement Plans; and
WHEREAS, on May 28, 2003, by a vote of 7-0 the Planning Conm~ission
recommended that the City Council adopt the City of Chula Vista Air Quality Improvement
Plan Guidelines; and
WHEREAS, the Enviromnental 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 the City Council of the City of
Chula Vista does hereby adopt the City of Chula Vista Air Quality Improvement 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
Planning and Building Director City Attorney
J:Attorncy~Rcso\Air Quality