HomeMy WebLinkAboutAgenda Packet 2003/07/08CITY COUNCIL AGENDA
July 8, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHULA VISTA
City Council
Patty Davis
John McCann
Jerry R. Rindone
Mary Salas
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
Ann Moore
City Clerk
Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
CALL TO ORDER
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
d">.' 7"'" """ """"'. ~
Bro~'f¡'Ä:ètfi ulremilnlL ~ 6:00 P.M.
Dated 0 Signed
July 8, 2003
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: Donald Snider - Board of Appeals and Advisors
· INTRODUCTION BY MARCIA RASKIN, DIRECTOR OF HUMAN RESOURCES,
OF THE EMPLOYEE OF THE MONTH, !VETTE CORTEZ, OFFICE SPECIALIST,
HUMAN RESOURCES OPERATIONS DIVISION
· RECOGNITION BY POLICE CHIEF RICHARD EMERSON OF RECENTLY
PROMOTED POLICE OFFICERS
· PRESENTATION BY NORMA DIAZ, CHIEF EXECUTIVE OFFICER, AND
JONATHAN TAMAYO, DIRECTOR OF INFORMATION SYSTEMS, OF A $3,800
DONATION FROM COMMUNITY HEALTH GROUP TO THE POLICE ATHLETIC
LEAGUE'S SCHOLARSHIP FUND
· PRESENTATION OF A PROCLAMATION TO LARRY PERONDI, CHAIRPERSON
OF THE PARKS AND RECREATION COMMISSION, PROCLAIMING THE
MONTH OF JULY AS RECREATION AND PARKS MONTH IN THE CITY OF
CHULA VISTA
· PRESENTATION OF A PROCLAMATION TO CARMEL WILSON, RECREATION
SUPERVISOR II, PROCLAIMING THE WEEK OF JULY 6, 2003 AS NATIONAL
THERAPEUTIC RECREATION WEEK IN THE CITY OF CHULA VISTA
· PRESENTATION TO THE CITY COUNCIL BY WILLIE GATERS,
ENVIRONMENTAL RESOURCE MANAGER, AND JACK DICKENS, FLEET
MANAGER, OF KEYS TO THE CITY'S HYDROGEN FUELING
INFRASTRUCTURE (ELECTROLYZER), AND A STATUS REPORT ON THE
CITY'S HYDROGEN FUEL CELL BUS DEMONSTRATION PROGRAM
CONSENT CALENDAR
(Items I through 16)
The Council wilt enact the staff recommendatÚms 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.
APPROVAL OF MINUTES of June 10, June 11, June 12 and June 17, 2003.
Staff recommendation: Council approve the minutes.
ORDINANCE OF .THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CHULA VISTA MUNICIPAL CODE TO DEFINE AND PROVIDE LOCAL
PROVISIONS FOR SURFACE MINING OPERATIONS WITHIN THE CITY OF
CHULA VISTA (SECOND.READING AND ADOPTION)
Adoption of the ordinance amends and adds the appropriate portions to the Municipal
Code to establish local authority and standards for the regulation of surface mining
operations as mandated by the State Public Resources Code, Sections 2710 et seq.
(Director of Planning and Building)
staff recommendation: Council place the ordinance on second reading for adoption.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET,
AND APPROPRIATING $4,000 FOR OVERTIME BASED UPON UNANTICIPATED
REVENUES (4/5THS VOTE REQUIRED)
The Police Department was recently invited to participate'in a statewide program for DUI
(driving under the influence) enforcement along the I-5 corridor. Funds will be received
fzom the California Highway Patrol to reimburse for overtime expenses. (Chief of
Police)
Staffrecommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S
SELECTION OF THE FISCAL YEAR 2003/2004 PERFORMING AND VISUAL
ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARD,
TOTALING $56,347
The City's Performing and Visual Arts Task Force has received and reviewed grant
applications for Fiscal Year 2003/2004 and recommends that 24 awards, totaling
$56,347, be made. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENDORSING THE CITY OF CHULA VISTA'S PARTICIPATION IN THE "CITIES
THAT READ" CAMPAIGN AND AUTHORIZING THE MAYOR TO EXECUTE
S ~,TD
California Literacy, Inc., in collaboration with Verizon and the California State Library
A.ssociation, have joined together to create "Cities That Read," a statewide campaign to
raise awareness of the importance of adult literacy, as well as to recognize the
achievements of California cities that have made a commitment to the adult literacy issue.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 07/08/03
8 A.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR EASTLAKE TERRACES, LOCATED IN THE SOUTHERN LAND SWAP AREA
OF EASTLAKE II GREENS SPA AND AUTHORIZING THE MAYOR TO EXECUTE
In May 2003, Staff approved the tentative parcel map for the Eastlake Terraces project,
located in the southern land swap area of the Eastlake II Greens SPA. The project
consists of approximately 42 acres of commercial property that will contain a Wal-Mart,
Home Depot, and other smaller commercial establishments. The grant of easements and
maintenance agreement, required by the conditions of approval of said Tentative Parcel
Map, is now before Council for consideration and approval. This agreement sets forth
specific obligations and responsibilities for the maintenance by the Eastlake Terraces
project of certain landscaping improvements and facilities located within public right-of-
ways adjoining the project. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-
MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRY WEATHER ANALYTICAL AND FIELD
SCREENING MONITORING SERVICES AND GRANTING THE CITY MANAGER
THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR EXTENSIONS TO SAID
AGREEMENT
The City's NPDES permit from the California Regional Water Quality Control Board,
San Diego Region, requires the City to annually conduct dry weather analytical and field
screening monitoring (effluent sampling, chemical analyses, observation of physical
conditions, and laboratory testing) at major outfalls during the dry weather season in
order to detect illegal discharges to the storm water conveyance system and to identify, if
possible, the sources of the illegal discharges. Due to the expertise and specialized
equipment necessary to perform these services, it is necessary to retain an outside
consultant. Proposals were requested from qualified engineering and environmental
consulting firms. Ten proposals were received, and staff has determined that D-Max
Engineering, Inc. was the most qualified and also submitted the lower bid of the two top-
ranked consultants. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX), DECLARING
THE RESULTS OF A SPECIAL ELECTION 1N SUCH COMMUNITY FACILITIES
DISTRICT
Page 3 - Council Agenda 07/08/03
10 A.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2896 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX IN COMMUNITY FACILITiES DISTRICT NO. 08-I (OTAY RANCH
VILLAGE SIX) PURSUANT TO A REVISED RATE AND METHOD OF
APPORTIONMENT OF SPECIAl. TAX
On May 13, 2003, the Council declared the intention to consider the proposed
modifications to the rate and method of apportionment (RMA) for Community Facilities
District (CFD) No. 08-I and set the public heatings for June 17, 2003. On June 17, 2003,
the Council conducted a public heating to consider the approval of a resolution to
authorize the modifications to the RMA. On June 24, 2003, a special election of eligible
property owners was held at the City Attorney's office for the purpose of voting on the
proposed modifications to the RMA of CFD-08-I. The proposed action continues the
formal proceedings by (a) certifying the election results authorizing the modifications to
the RMA and (b) intxoducing the ordinance authorizing the levy of special taxes pursuant
to the amended RMA, which will amend and supercede the provisions of Ordinance No.
2896 for CFD-08-I. (Director o f Engineering)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "DRAINAGE
IMPROVEMENTS, OXFORD STREET BETWEEN FIRST AVENUE AND SECOND
AVENUE IN THE CITY OF CHULA VISTA, CA (DR-931)" PROJECT
On May 28, 2003, the Director of Engineering received sealed bids for drainage
improvements on Oxford Street. The work to be done includes removal and disposal of
existing improvements; excavation and grading; trenching; installation of asphalt
concrete pavement; installation of storm drain pipes; installation of inlet, cleanout and
catch basin; protection and restoration of existing improvements; and traffic control. The
work also includes all labor, material, equipment, tools, transportation, mobilization, and
other miscellaneous work necessary to construct the project as shown on the plans and
specifications. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE "A" MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
01-I1, OTAY RANCH VILLAGE 11, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID FIRST AMENDMENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-1lA, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-4; ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS
AS GRANTED ON SAID MAP; APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Page 4 - Council Agenda 07/08/03
11.
12.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA vISTA T1LACT NO. 01-1 lA, OTAY RANCH VILLAGE
11, NEIGHBORHOOD R-4, AND AUTHORIZING TI-[E MAYOR TO EXECUTE
SAID AGREEMENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C. HULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-4, ESTABLISHING
SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF
PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves a subdivision of Otay Ranch Village 11,
Neighborhood R-4, the first Final "B" Map for Otay Ranch Village 11. Neighborhood R-
4 consists of 55 single-family, detached lots and four homeowner's association-
maintained open space lots. (Director of Engineering)
Staffrecommendation: Council adopt the resolutions.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING THE
ASSIGNMENT OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MUNIFINANCIAL, INC. TO PACIFIC MUNICIPAL CONSULTANTS FOR THE
AUDITING AND ADMINISTERING OF THE CITY'S DEVELOPMENT IMPACT
FEE (DIF) PROGRAMS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On October 9, 2001, the City Council approved an agreement with MuniFinancial, Inc.
for auditing and administering the City's Development Impact Fee (DIF) programs.
Adoption of the resolution assigns the contract to the new firm, Pacific Municipal
Consultants. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL
CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND
REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE
COORDINATION AND OVERSIGHT OF THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID SECOND AMENDMENT
The proposed resolution approves the second amendment to an existing contract with
Marion B. Borg Environmental Consulting for environmental consulting services related
to mitigation monitoring and reporting, the preparation of environmental documents, and
the coordination and oversight of the preparation of envimnmental documents for eastern
Chula Vista master planned community projects. The second amendment is for an
amount not to exceed $86,000. (Director of Planning & Building)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda 07/08/03
13.
14.
15.
16.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $88,500 FROM THE FISCAL YEAR 2002/2003 CDBG HI-
TECH/BIOTECH FEE REDUCTION PROGRAM FOR THE PROFIL INSTITUTE
FOR CLINICAL RESEARCH, APPROVING THE CDBG AGREEMENT WITH THE
PEOF~.L ~T~m~ w,r~ CL%~CAL RESE?c'~ ~x~ ~'~m~,*xT
i¥1A ¥ oK 1 (9 ~XE~. ~ IE i'1-115. AC/R~Eh/IEBI 1 {4/5THS VOTE REQUIRED)
The Commtmity Development Department is responsible for recruiting targeted
businesses to Chula Vista in order to build a strong and vibrant local economy. For the
last six months, staff has been actively recruiting the Profil Institute for Clinical
Research, a German-based, biotech, clinical trial research company with strong ties to the
region's pharmaceutical companies. As part of the successful recruitment of Profil, staff
offered to provide the company with a CDBG grant, subject to Council approval, in the
amount of $88,500 to assist with. first-year lease costs. (Director of Community
Development)
Staff recommendation: Council adopt the resolution.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PROHIBITING THE SLEEPING OR CAMPING OVERNIGHT OF VEHICLES
WITHIN THE GROUNDS OF ANY DOWNTOWN MUNICIPAL PARKING LOT,
AND AMENDING SECTION 10.62.010 OF THE MUNICIPAL CODE PERTAINING
TO PARKING VIOLATIONS TO ESTABLISH A PENALTY TO CITE FUTURE
VIOLATIONS
The proposed ordinance prohibits any individual from sleeping or camping ovemight in a
vehicle on the grounds of any downtown municipal parking lot. Signs expressing this
parking restriction, and the City's right to remove or impound an offending vehicle, shall
be posted at each parking lot. Staff also proposes amending Section 10.62.010 of the
Municipal Code pertaining to parking violations to establish a penalty to cite future
violators. (Director o f Community Development)
Staffrecommendation: Council place the ordinance on first reading.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING INTERIM EXTENSION TO THE CITY'S GAS AND ELECTRIC
FRANCHISES WITH SDG&E
Staff recommendation: Council continue this item until further notice.
URGENCY ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
CHAPTER 19.60 RELATING TO THE REGULATION OF SIGNS AND ADDING A
NEW CHAPTER 19.60 REGULATING SIGNS; AND REPEALING AND
AMENDING VARIOUS SECTIONS IN OTHER CHAPTERS OF THE CHULA
VISTA MUNICIPAL CODE, INCLUDING CHAPTERS 19.04, 19.58, AND 19.20
THROUGH 19.52, WHICH ALSO REGULATE SIGNS (APPLICANT: CITY OF
CHULA VISTA - 4/STHS VOTE REQUIRED)
Page 6 - Council Agenda 07/08/03
As part of the 2002 work program for the Department of Planning and Building, staff
began evaluating the Zoning Code in anticipation of a comprehensive Zoning Code
update. The comprehensive Zoning Code update is anticipated to commence upon
completion of the General Plan Update. As part of this work program evaluation it was
determined that certain ~rovision,q of the ,qi~ Ordinance required immediate ~tte~ti~n ta
Therefore, the proposed code amendments consolidate the definitions and regulations,
clarify the intent and propose of the sign regulations and modify the language
appropriately. Generally, the underlying policy regarding permissible signage remains the
same. The item is brought forward as an urgency measure to address the concerns
mentioned above and because of the current and immediate threat to the public health,
safety and welfare presented by the potential approval or denial of a permit, variance, or
building permit under the existing ordinance. Pursuant to the City Charter, an urgency
ordinance may be introduced and adopted at the same meeting in order to ensure the
preservation of public peace, health, safety, and general welfare. (Director of Planning &
Building)
Sta~'f recommendation: Council adopt the urgency ordinance.
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 generallyprohibits the Council from taking action on any issue
not included on the agenda, but, ~ appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
17.
CONSIDERATION OF THE FOLLOWING APPLICATIONS FILED BY THE
EASTLAKE COMPANY INVOLVING 9.3 ACRES LOCATED AT THE
NORTHEAST CORNER OF EASTLAKE PARKWAY AND OTAY LAKES ROAD:
GPA 03-05, AMENDMENTS TO THE CHULA VISTA GENERAL PLAN
LAND USE DIAGRAM IN ORDER TO CHANGE THE LAND USE
DESIGNATION FROM COMMERCIAL, PROFESSIONAL &
ADMINISTRATIVE TO COMMERCIAL, RETAIL
PCM O3-29, AMENDMENTS TO THE EASTLAKE II GENERAL
DEVELOPMENT PLAN, EASTLAKE I VILLAGE CENTER NORTH
SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLAN, AND
EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS TO
CHANGE THE LAND USE DESIGNATION FROM PA, PROFESSIONAL-
ADMINISTRATIVE, TO CR, COMMERCIAL RETAIL, AND THE LAND
USE DISTRICT DESIGNATION FROM VC-2 TO VC-4
Page 7 - Council Agenda 07/08/03
The applicant, the Eastlake company, has submitted applications to amend the City's
General Plan, EastLake II General Development Plan, and EastLake I Village Center
North supplemental SPA plan, to convert 9.3 acres located at the northeast comer of Otay
Lakes Road and EastLake Parkway from Professional-Administrative to Commercial
~+~'~ ~,'~ the !~ ~,~ ~s~ct ~'~,o+;~,~ ~o'-~ x~C 2 ~ wr, 4. ~o ~q~,~- for ~
approxtmate too,ooo square-toot lkolal's oepartment store to be 0eveloped on the project
site. (Director of Planning & Building)
Staff recommendation: Council consider the adopted negative declaration (IS-03-028)
and its attendant addendum, place the following ordinance on first reading, and adopt the
following resolution:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED
COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN;
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE I VILLAGE
CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA)
PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 9.3 ACRES
AT THE NORTHEAST CORNER OF OTAY LAKES ROAD AND EASTLAKE
PARKWAY
18. CONSIDERATION OF APPROVAL OF PRECISE PLAN PCM-03 -33,
ESTABLISHING DEVELOPMENT STANDARDS IN ORDER TO CONSTRUCT
FOUR DETACHED CONDOMINIUMS ON ONE LOT AT 216, 218, 220 DAVIDSON
STREET AND 261 TWIN OAKS IN THE R-3 APARTMENT RESIDENTIAL,
PRECISE PLAN (R3-P22) ZONE
The applicant, Harold D. West, is requesting a Precise Plan (PCM 03-33), in order to
establish development standards to construct four detached condominiums on one lot.
Each unit would have a two-car garage and will be constructed to match the historic
Victorian structure to the east of the site. (Director of Planning and Building)
Staff recommendation: Council conduct the public heating and place the following
ordinance on first reading:
ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF CHI JLA VISTA
ESTABLISHING DEVELOPMENT STANDARDS FOR PRECISE PLAN PCM
03-33, KNOWN AS 216, 218, 220 DAVIDSON, AND 261 TWIN OAKS
AVENUE, CONSISTING OF FOUR DETACHED CONDOMINIUMS, EACH
WITH A TWO-CAR GARAGE ON AN EXISTING 9,632 SQUARE-FOOT
LOT -
ITEMS PULLED FROM THE CONSENT CALENDAR
Page 8 - Council Agenda
07/08/03
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MAYOR'S REPORTS
Ratification of appointment to the International Friendship Commission - Jason
Harmon
21. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
23.
Property:
San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista
City negotiators:
David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of fi:anchise conveyance
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· One case
ADJOURNMENT to the Regular Meeting of July 15, 2003, at 6:00 p.m. in the Council
Chambers.
Page 9 - Council Agenda 07/08/03
O~=~CE NO. ,¥~ ~ ~'~°~xO*
O~CE OF rml CITY CO~C.. OF n-m cnw a~g~^ VISTA
AMENDING SECTIONS 19.04 AND 19.54 AND AD~'S) CHAPTER 19.69
To ~m~ cm~i VISTa mu, ncn, g COD~. TO,~.~h,m i~ PROVn~E
~OCA~ PRO'aSIOSS ~O~ St~ACE m,m~o OPE~TIONS wmm,~
TI-[E CITY OF CHUL& VISTA
WHEREAS, the Surface Mining and Reclamation Act (SMAKA, Public Resources Code
Sections 2710 et seq.) declares that the extraction of minerals is essential to the continued
economic well-being of the state and to the needs of society, and the reclamation of mined lands
is necessary to prevent or minimize adverse effects on the environment and to protect the public
health and safety; and
WHEREAS, SMARA requires every lead agency to adopt ordinances in accordance with
state policy which establishes procedures for the review and approval of reclamation plans and
financial assurances and the issuance of a permit to conduct surface mining operations; and
WHEREAS, it is an objective of the Conservation and Open Space Element of the City's
General Plan to protect and manage sand and gravel resources for the benefit of the general
public; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity may have a significant effect on the environment;
therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not
subject to CEQA; and
WHEREAS, the City Council proposes to amend Title 19 (Zoning) of the Chula Vista
Municipal Code (CVMC) to provide specific regulations to review plans and issue permits for
surface mining operations a within any zones of Title 19 (Zoning) of the CVMC; and
V~rlEREAS, the Planning Commission held a duly noticed public hearing on June 11,
2003 and has forwarded a recommendation to the City Council to adopt the proposed
amendments and additions to the CVMC.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I. That Section 19.04.291 is added to Chapter 19.04 of the Chula Vista Municipal
Code as follows:
Section 19.04.291 Surface Mining Operatione
"Surface Mining Operations" means all~ or part of~ the process involved in the
mining, of minerals on mined iands, as defined, in CVMC. 19.69~ by removing overburde,,
and mining directly from the mineral deposits, ooen-mt mining of minerals naturally
exposed, mining by the auger method, dredging and quarrying, or surface ~vork incident h,
ATTACHMENT 2
Ordinance
Page 2
an underground mine. Surface mining operations include~ but are not limited to~ inplace
distillation or retorting or leaching~ the production and disposal of mining waste~
orosoecting and exploratory activities~ borrow pitting~ streambed skimming~ and
' segregation and stockpiling of mined materials (and recovery of same).
SECTION II. That Chapter 19.54 (Unclassified Uses) of the Chula Vista Municipal Code is
amended to read:
Section 19.54.020-Unclassified Uses
....... ~. ....... .~ ............... , ......... gravel; Surface Mining
Operations: See Section 19.69
SECTION III. That Chapter 19.69 of the Chula Vista Municipal' Code is hereby added to read
as follows:
Chapter 19.69
SURFACE MINING OPERATIONS
Sections:
19.69.010
19.69.020
19.69.030
19.69.040
19.69.050
19.69.060
Process
19.69.070
19.69.080
19.69.090
19.69.100
19.69.110
19.69.120
19.69.130
Purpose and Intent
Scope
Definitions
Vested Rights
Incorporation by Reference
Conditional Use Permit, Reclamation Plan
and Financial Assurance
Standards for Reclamation
Findings for Approval
Financial Assurances for Reclamation
General Provisions
Modification to Approved Surface Mining Operation
Inspection, Reporting and Violations
Idle Mining Operations
19. 09.010 Purpose and Intent
Ordinance
Page 3
The purpose and intent of this Chapter is to ensure the continued availability of important
mineral resources, while regulating surface mining operations as required by California's Surface
Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as
amended, 'hereinafter referred to as "SMARA", Public Resources Code (PR.C) Section 2207
(relating to annual reporting r6quirements), and State Mining and Geo~gy Board regulations
(hereinafter referred to as '~State regulations") for surface mining and reclamation practice to
ensure that:
(a) .Adverse environmental effects are prevented or minimized and that mined lands are
reclaimed to a usable condition which is readily adaptable for alternative land uses.
(b) The production and conservation of minerals are encouraged, while giving consideration
to values relating to recreation, watershed, wildlife, range and forage, and aesthetic
enjoyment.
(c) Residual hazards to the public health and safety are eliminated.
19.69.020 Scope.
Except as provided in this Chapter, no person shall conduct Surface Mining Operations, as
defined in 19.04.291, unless the City has first approved a Conditional Use Permit pursuant to
Section 19.14.060 through 19.14.130, a Reclamation Plan, and financial assurances for
reclamation.
Activities not subject to these regulations are those listed in the Surface Mining and
Reclamation Act of 1975 (PRC§2714). Any applicable exemption from these requirements does
not automatically exempt a project or activity from the application of other regulations,
ordinances or policies of the City, including but not limited to, the California Environmental
Quality Act (CEQA), the requirement of Building Permits, the payment of development impact
fees, or the imposition of other dedications and exactions as may be permitted under the law.
19.69.030 Definitions.
Unless otherwise stated, the following definitions pertain to this chapter:
Borrow Pits: Excavations created by the surface mining of rock, geologic deposits or soil to
provide material (borrow) for use elsewhere.
Mined Lands: The surface, subsurface, and ground water of an area in which surface mining
operations will be, are being, or have been conducted, including private ways and roads
appurtenant to any such area, land excavations, workings, mining waste, and areas in which
structures, fac_ilities, equipment, machines, tools, or other materials or property which result
from, or are used in, surface mining operations are located.
Ordinance
Page 4
Operator: Any person or business entity who is engaged in surface mining operations, or who
contracts with others to conduct operations on his/her behalf, except a person who is engaged in
surface mining operations as an employee with wages as his/her sole compensation.
Reclamation: The combined process of land treatment that minimizes wa~er degradation, air
pollution, damage to aquatic or wildfife habitat, flooding, erosion, and other adverse effects from
surface mining operations, including adverse surface effects incidental to underground mines, so
that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land
uses and create no danger to public health or safety. The process may extend to affected lands
surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil
compaction, stabilization, or other measures.
Idle Mining Operations: To curtail a surface mining operation for a period of one year or more
by more than 90 percent of the operation's previous maximum annual mineral production, with
the intent to resume those surface mining operations at a future date.
19.69.040 Vested Rights
No person who obtained a vested right to conduct Surface Mining Operations in
accordance with the California Surface Mining and Reclamation Act of 1975 (SMARA) shall be
required to secure a Conditional Use Permit to mine pursuant to the provisions of this Chapter
provided that no change or expansion of use has occurred beyond those vested rights.
19.69.050 Incorporation by Reference
The provisions of SMARA (PRC §2710 et seq.), PRC §2207, State regulations CCR
§3500 et seq. and CCR§3700 et seq., as those provisions and regulations may be amended from
time to time, are made a part of this Chapter by reference with the same force and effect as if the
provisions therein were specifically and fully set out herein, excepting that when the provisions
of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.
19.69.060 Conditional Use Permit, Reclamation Plan and Financial Assurance Process
a)
Conditional Use Permits.
i) All applications for a Conditional Use Permit for surface mining shall be made,
considered and granted or denied pursuant to Section 19. i4.060 through 19.14.130,
19.54.010 and shall be accompanied by an application for a Reclamation Plan, 'and
Financial Assurances in accordance with the provisions set forth in this Chapter and
as further required by SMARA and State regulations.
ii) Within thirty (30) days of acceptance of an application for a Conditiondl Use Permit
for surface mining operations as complete, the City shall notify the State Department
of Conservation of the filing of the application.
b) Reclamation Plans and Financial Assurances.
i)
ii)
Ordinance
Page 5
All Reclamation Plans shall include all elements required by and comply with the
provisions of SMARA(§§2772-2773), State regulations (CCR §§3500-3505), and any
additional information necessary to evaluate the proposed plan. All engineering plans
and geological analyses shall be approved and signed by ~t civil engineer and a
geologist, respectively, both of which are licensed to practice in the State of
California.
Prior to final approval of a Reclamation Plan or financial assurances, the City shall
certify to the State Department of Conservation that the Reclamation Plan and/or
financial assurance complies with the applicable requirements of State law, and
submit the plan and/or assurance to the State Department of Conservation for review,
Pursuant to PRC§2774(d). The City shall evaluate written comments received, if any,
from the State Department of Conservation. Staff shall prepare a written response
describing the disposition of the major issues raised by the state for the City Council;s
approval.
19.69.070 Standards for Reclamation
a)
b)
c)
All Recl'amation Plans shall comply with the provisions of SMARA (§2772 and §2773)
and State regulations (CCR §3500-3505). All new Reciamation Plans, and any existing
Reclamation Plans for which a modification is proposed, shah also comply with the
requirements for reclamation performance standards in CCR§3700 et seq., as may be
modified fi.om time to time.
The City may impose additional performance standards as developed either in review of
individual projects, as warranted, or through the formulation and adoption of citywide
performance standards.
Reclamation activities shall be initiated at the earliest possible time on those portions of
the mined lands that will not be subject to further disturbance. Interim reclamation may
also be required for mined lands that have been disturbed and that may be disturbed
again in future operations. Reclamation may be done on an annual basis, in stages
compatible with continuing operations or on completion of all excavation, removal, or
fill, as approved by the City. Each phase of reclamation shall be specifically described
in the Reclamation Plan and shall include (i) the beginning and expected ending dates
for each phase; (ii) all reclamation activities required; (iii) criteria for measuring
completion of specific reclamation activities; and, (iv) estimated costs for completion of
each phase of reclamation.
Ordinance
Page 6
19.69.080 Findings for Approval
a) Conditional Use Permit Approvals. In addition to the findings required by Section
19.14.080, Conditional Use Permit approvals for surface mining operations shall include
a finding that the proje/t complies with the provisions of SMARA, and State regulations.
b) Reclamation Plan Approvals. In addition to the findings required by the City for the
conditional use permit, approvals for Reclamation Plans for surface mining operations
shall include the following fmdings:
(1) That the Reclamation Plan complies with SMARA {}2772 and §2773, and any
other applicable provisions, and with applicable requirements of State regulations
(CCR {}{}3500-3505, and {}{}3700-3713).
(2) That the Reclamation Plan and potential use of reclaimed land pursuant to the
plan are consistent with this Chapter, the City's General Plan and any applicable
resource plan or element.
(3) That the Reclamation Plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from
reclamation of the surface mining operations are mitigated to the maximum extent
feasible as determined the CEQA document either through adoption of mitigation
measures or a statement of overriding considerations.
(4) That the land and/or resources to be reclaimed will be restored to a condition that
is compatible with, and blends in with, the existing surrounding natural
environment, topography, and other resources or land uses. If the City determines
that on-site restoration is not feasible, suitable off-site lands may be set aside to
compensate for related disturbance to resource values.
(5) That the Reclamation Plan will restore the mined lands to a usable condition that
is readily adaptable for alternative land uses consistent with the General Plan and
MSCP.
(6) That a written response to the State Department of Conservation has been
prepared, describing the disposition of major issues raised by that Department.
Where the City's position is at variance with the recommendations and objections
raised by the State, said response shall address, in detail, why specific comments
and suggestions were not accepted.
19.69.090 Financial Assurances for Reclamation
· a) Financial assurances shall be required to ensure compliance with elements of the
Reclamation Plan, including but not limited to, revegetation and landscaping
requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and
water quaiity, slope stability and erosion and drainage control, disposal of hazardous
matei'ials, and other measures, if hecessary.
b) Cost estimates for the financial assurance shall be submitted to the Planning Department
for review and approval prior to the Operator securing financial assurances. The amount
Ordinance
Page 7
of the financial assurance shall be based upon the estimated costs of reclamation for the
years or phases stipulated in the approved Reclamation Plan.
c) In projecting the costs of financial assurances, it shall be assumed without prejudice or
insinuation that the surface mining operation could be abandoned by the Operator and,
consequently, the City may need to contract with a third party cOmmercial company for
reclamation of the site.
d) Financial Assurances shall be in a form and an amount satisfactory to the City Attorney
and City Risk Manager and may include the following:
i) Surety bond issued by a California admitted surety insurer;
ii) Irrevocable letter of credit.
e) Revisions to financial assurances shall be submitted to the Director of Planning and
Building each year prior to the anniversary date for approval of the financial assurances.
The. financial assurance shall cover the cost of existing disturbance and anticipated
activities for the next calendar year, inclUding any required interim reclamation. If
revisions to the financial assurances are not required, the Operator shall explain, in
writing, why revisions are not required.
f) The financial assurances shall remain in effect and shall be released when the City
determines that reclamation has been completed in accordance with the approved
Reclamation Plan. If a mining operation is sold or ownership is transferred to another
person, the existing financial assurances shall remain in full force and effect and shall be
released by the City upon receipt of financial assurances from the new owner in a form
and an amount satisfactory to the City Attorney and Risk Manager.
19.69.100 General Provisions
a) Whenever any uncompleted surface mining operation or portion of an operation that is
subject to this Chapter is sold, assigned, conveyed, exchanged, or otherwise transferred,
the successor in interest shall be bound by the provisions of the Reclam[ttion Plan
required by this Chapter.
b) Nothing in this ordinance shall exempt the Operator from complying with the
regulations of the State Water Resources Control Board, and the San Diego Regional
Water Quality Control Board, as well as the City of Chula Vista Grading and Storm
Water Management and Discharge Control Ordinances.
c) All mining and other related mining activities shall be consistent with the objectives,
guidelines, and recommendations in the City's General Plan, the California Surface
Mining and Reclamation Act of 1975, City of 'Chula Vista Grading Ordinance, and
National Pollutant Discharge Elimination System General Permit for Storm Water
Discharges Associated with Industrial Activities, and Air Pollution Control District
regulations as each may be amended from time to time.
d) Ail mining and other related mining activities must be consistent with Article 77 of
Uniform Fire Code and all blasting activities are subject to any and all permits required
by the Chula Vista Fire Department.
Ordinance
Page 8
19.69.110 Modification to Approved Surface Mining Operation
An approved Conditional Use Permit, Reclamation Plan, or any conditions thereof, may be
revised or modified in the same manner as provided for a new application, including the
requirement for environmental impact review. Requests for minor modifications ma,/be
submitted to the Director of Planning and Building. If in the Director's sole determination
the requested modification is in substantial conformance with approved plans and permits,
the Director may approve said modification.
19.69.120 Inspection, Reporting and Violations
a) Surface mining operators shall forward an annual surface mining report to the State
Department of Conservation and to the City. New mining operations shall file an initial
surface mining report with the State Department of Conservation within 30 days of
permit approval, or before commencement of operations, whichever is sooner.
b) A schedule of periodic inspections by the City of the site shall be established to evaluate
continuing compliance with the Conditional Use Permit and the Reclamation Plan. The
inspections shall occur no less frequently than once per calendar year and within six
months of receipt of the annual report.
c) The Operator shall provide to the Director of Engineering by each July 1, aerial
photographs of the mining site taken in the same month of the second quarter of each
year. The aerial photographs shall consist off
i) Defined, marked and permanent ground controls; and
ii) Planimetric map of the mining site based on the aerial models with 5' contours and
drawn to 1"=200' scale.
Upon the request of an Operator, the Director of Engineering may waive the requirement
for the aerial photographs on a case by case basis, such as when no excavation has been
accomplished since the last inspection, or may adjust the quarter of each year in which
the aerial photographs are taken.
d) If the City finds the Operator is not in compliance with the provisions of the Conditional
Use Permit, Reclamation Plan and/or the provisions of this Chapter, the subject violations
will be handled in conformance with PRC§2774.1 and §2774.2, as well as the provisions
of the Chula Vi§ta Municipal Code concerning violations and penalties.
e) Each Operator shall pay an annual inspection deposit to the City by July 1 of each year
unless otherwise stated in an approved Reclamation Plan.
19.69.130 Idle Mining Operations
Ordinance
Page 9
a) Within 90 days of a surface mining operation becoming idle, the Operator shall submit to
the City a proposed Interim Management Plan (IMP). The proposed IMP shall provide
measures the Operator will implement to maintain the site in a stable condition, taking
into consideration public health and safety. The proposed IMP shall be submitted on
forms provided by the City, and shall be processed as an amendment to the Reclamation
Plan.
b) The IMP may remain in effect for a period not to exceed five years, at which time the
City may renew the IMP for another period not to exceed five 3ears, or require the
Operator to commence reclamation in accordance with its approved Reclamation Plan.
c) Financial assurances for idle operations shall be maintained as though the operation were
active.
SECTION VII. This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by
Robert A. Leiter
Planning and Building Director
Approved as to form by
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
07/08/2003
ITEM TITLE:
RESOLUTION AMENDING THE FY 03-04 POLICE
BUDGET AND APPROPRIATING $4,000 FOR OVERTIME
BASED UPON UNANTICIPATED REVENUES.
SUBMITTED BY: Chief of Police,~,~-
REVIEWED BY: City Manager~/~.~_..~/ (4/5ths Vote: Yes X No )
The Police Department was recently invited to participate in a statewide program
for DUI enforcement.along the I-5 corridor. Funds will be received from the
California Highway Patrol (CHP) to reimburse for overtime expenses.
RECOMMENDATION: That Council amend the FY 03-04 Police budget and
appropriate $4,000 for overtime expenses based upon unanticipated revenues.
BOARDS/COMMISSIONS RECOMMENDATIONS: None
DISCUSSION: The "DUI Corridor Campaign" is a statewide project funded
through the Office of Traffic Safety; its goal is to reduce fatal and injury related
traffic collisions attributed to driving under the influence on roadways with a high
incidence of DUI-related collisions. The CliP received a grant to administer the
program in the San Diego South Bay region; they will partner with the Chula
Vista Police Department, San Diego Police Department, San Diego County
Sheriffs based in Imperial Beach, and National City Police Department to help
with this project. CHP reports that in 2002, they arrested over 500 DUI drivers on
South Bay Area freeways. This is due in part to youths returning from Mexico
where the drinking age is only 18 years old. In fact, many of the DUI related
collisions investigated by the CHP outside the South Bay Area involved impaired
drivers who began their journey at or near the International Border. Chula Vista
will participate in quarterly DUI enforcement campaigns during the high DUI risk
hours between 9 PM and 5 AM. The overall goals of the program are to reduce
· the number of DUI related fatal and injury collisions by a minimum of 5%. All
overtime attributed to this program will be reimbursed by the CHP. It is estimated
that Chula Vista's cost to participate in this program will be $4,000.
FISCAL IMPACT: There is no net impact to the general fund. All overtime
attributed to this program will be reimbursed by the CHP.
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FY 03-04 POLICE
BUDGET AND APPROPRIATING $4,000 FOR
OVERTIME BASED UPON UNANTICIPATED
REVENUES
WHEREAS, the California Highway Patrol received a grant to administer the
"DUI Corridor Campaign" in the San Diego Bay region; and
WHEREAS, the California Highway Patrol will partner with the Chula Vista
Police Department, and other local law enforcement agencies to help with this
project; and
WHEREAS, the Chula Vista Police Department will participate in quarterly
DUI enforcement campaigns during the high DUI risk hours between the hours of
9 PM and 5 AM; and
WHEREAS, it is estimated that Chula Vista's cost to participate in this
program will be $4,000; and
WHEREAS, there is no net impact to the general fund; all overtime attributed
to this program will be reimbursed by the California Highway Patrol:
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the FY 03-04 Police budget and appropriate $4,000 for
overtime based upon unanticipated revenues.
Presented By
Approved as to form by
Richard(P.,J~r~s~)n ~
Chief offP'olic~J
Ann Moore
City Attorney
_3-2-
COUNCIL AGENDA STATEMENT
Item: 4
Meeting Date: 718/2003
ITEM TITLE: Resolution Approving the Performing and Visual
Arts Task Force's selection of the FY 2003-2004 Performing and
Visual Arts Grant recipients and their monetary grant award,
totaling $56,347 r~
SUBMITTED BY: Assistant City Manager Palme
REVIEWED BY: City Manager~ts~ ~9 P- (4/5ths Vote: Yes No ~
In 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc.
(formerly Universal Concerts) that established a process whereby ticket sales proceeds at
the Coors Amphitheater would be paid to the City and utilized for a Performing and
Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community
for the purpose of promoting and stimulating the growth of performing and cultural arts
within the City of Chula Vista.
As called for in the sublease, a Performing and Visual Arts Task Force was established
and annually makes recommendations to the City Council regarding the arts grant
awards. The Task Force is assisted by the Office of Cultural Arts, which formally
conducts the grant application process. The Task force has review the FY 2003-2004
applications and makes the following recommendations to the City Council.
STAFF RECOMMENDATION: That Council approves the Task Force's selection of
the FY 2003-2004 Performing and Visual Arts Grant recipients (as listed below) and their
monetary grant awards totaling $56,347.00
BOARDS/COMMISSION RECOMMENDATION: The Task Force recommends that
the City Council award arts funds to groups and individual as outlined in this report.
DISCUSSION: In late 1998, an advisory commission, entitled the Performing and
Visual Arts Task Force, was established per the requirements of the sublease. The
c~nt members are:
Mayor Steve Padilla
Roderick Reinhart, City staff representative
David Swift, House of Blues/Coors Amphitheatre representative
Larry Perondi, Sweetwater Union High School district representative
Tmcy Goodwin, Chula Vista Elementary School district representative
Bill Virchis, Chula Vista Cultural Arts Commission representative
Item: ~ ~ Page 2
Meeting Date: 07/08/2003
The City's Office of Cultural Arts administered the Performing and Visual Arts Fund
grant application process. Performing and Visual Arts Fund Grant Application Packets
were distributed by the Office to the Sweetwater Union High School District, Chula Vista
Elementary School District, Sweetwater Union High School District web site, plus arts
groups and individuals in the Chula Vista community. The Office then conducted two
"Technical Workshops" on January 22 and 25.
Twenty-five applications totaling $59,347 in requests were received by the application
due date of Mm-ch 28, 2003. Upon receipt and review, the Office of Cultural Arts sent a
copy of each application to the members of the Performing and Visual Arts Task Force
for their review and numerical scoring. The twenty-five applications were then reviewed
and ranked by pre-established criteria by the Task Force on May 13, 2003. The Task
Force recommends twenty-four grant applications receive the following awards, totaling
$53,847.00. One application was not recommended as it requested funding for capital
outlay, which under the City Council approved guidelines is not a criteria for funding.
In addition, The Task Force granted $2,500.00 to be given to Office of Cultural Arts for
site preparation for the development of a public art site in Friendship Park to be designed
by the Landscape Architecture Division.
APPLICANTS RECEIVING A "4" RANKING (THE HIGHEST SCORE)
· None
APPLICANTS RECEIVING A "4-" RANKING
Playwrights Project $2,100
To provide tickets and transportation for students at Bonita Vista High to Plays
by Young Writers at the Old Globe Theatre and the development of scripts written
by the stndents for original plays for evaluation and possible production.
OnStage Playhouse $2,500
To provide drama and stagecraft instruction to area children ages 9-13 and a live
theater experience for approximately 1,000 children and their families during the
summer of 2003.
Item: ~ ~ Page 3
Meeting Date: 07/08/2003
California Ballet/Dance $2,500
To provide dance, drama, stagecraft and production methods in the creation of a
story and ballet entitled Snow White and the Seven-th Graders in the fall of 2003.
This production represents a partnership between the California Ballet and
Bonita Vista Middle School. Its purpose is to increase the awareness of dance on
our daily lives.
San Diego Opera/Music & Theatre $2,500
To provide a music/opera enrichment program to the five middle schools in Chula
Vista. Students will work with the Opera Ensemble program with instruction
about opera singing, acting, music language, theatre arts, make-up, costuming
and the new music education standards of the State of Californic~
Friends of the Chula Vista Civic Center Library/Mural-Visual Arts $2,500
Commission local Chula Vista artist, Brenda Smith to create a three-panel mural
with a jungle theme for the Children's Room. This unique piece of public art will
create an environment for children and family's to enjoy this public space.
Friends of the South Chula Vista Library/Literacy Team $2,500
To present a ~outh Chula Vista Branch Library Cultural Arts Festival, a series of
ten classical, jazz and folk performanees of music and or dance. This series will
be promoted in conjunction with the visual art exhibitions displayed in the
Rosemary Lane Galeric~
APPLICANTS RECEIVING A "3" RANKING (THE SECOND HIGHEST SCORE)
Chula Vista Art Guild $1,062
"Portrait of a Community" is a fine art exhibition to be hem at the Playhouse Art
Gallery in October 2003. The exhibition will be a counO6vide-juried competition
and has been designed to showcase the richness and diversity of Chula Vista
through visual art.
Friends of the Arts $2,500
To provide a summer Children's Arts Program for 8 weel~ for ages 5-18 years.
Classes are two hours in length for a total of four classes. Classes that will be
taught are in visual art, acting for the camera, and keyboard classes. At the end
of the summer session, performances and art exhibitions by the students will be
presented
Ballet Xochitl Folklorico/Dance & Folk Arts $1,000
To provide advance instruction and increase the level and skills of folkloric
students in cultural dance, music, history and performing skills. It will be for
addi~onal training for new students.
Item: ~ ~ Page 4
Meeting Date: 07/08/2003
Chula Vista Cultural Arts Commission/Music In The Park $2,500
To provide funding to cover artist fees for this community event. These fees will
be used cover to expand number of park~ in the 2003 summer seasor~
Friends of the Chula Vista Heritage Museum $785
To produce a traveling show design to bring the history of Chula Vista to
newcomers and residents living in the eastern neighborhoods of Chula Vista. It
will be produce in both English and Spanish.
Chula Vista Cultural Arts Commission/Taste of the Arts $2,500
To redevelop and enhance the information process that reflects the needs of this
expanded arts festival. Printed materials that "foot print" all aspects of this
event to the vendors, performers and attendees of this family oriented arts event
will be developed.
Chula Vista Downtown Business Association/Visual-Public Art $2,500
To provide an opportunity for an open competition for local artist to design and
paint the surfaces of the utility boxes on Third ~tvenue. The funds will provide
paint, equipment and an artist stipend for the selected competition winners. This
enhancement is one of the elements in the redevelopment of Third Avenue.
Chula Vista High School SCPA $2,500
To expand the Chula Vista Band Review and increase the promotion and
awareness of this annual Civic musical event. It is the largest Review in the State
of California and creates an economic impact for the community.
Chula Vista High School "Main Attraction" $2,500
To expand and increase promotion of the Southern California Performance Show
Choir Invitational held in Chula Vista. Funds to cover the cost of adjudicators
and technicians working with the students and their public performances.
Mariachi Scholarship Foundation $2,500
To present a Mariachi "in-schools conference" with workshops for middle, high
school and college students.
Kellogg Center for Performing & Visual Arts School $2,500
To provide funds for the development, production and performance of an all
school production entitled "Flights of Fancy." This production is based on the
yearlong study by all students in the development of flying and the individuals
that have made this a major mode of worldwide transportatiort
Item: ~ ~ Page 5
Meeting Date: 07/08/2003
Manny Ramirez, visual artist/Photographer $2,500
Continue to create aerial images of Chula Vista and produee a pictorial book and
related calendar entitled "~lbove Chula Vista" that will promote the City and
South Bay region.
Nira Clark, biologist & artist $2,500
To improve the Rice Canyon nature trail with sculptural signage.
Bonita Vista "Music Machine" Boosters $2,500
To provide stipends to fund two adjudicators at the hosted show choir festival
hem in Chula Vista. Workshops will be held to enhance the experience and
quality of performance by the students and choir directors.
Friends of the Chula Vista Heritage Museum $2,500
To feature the visual and performing arts of silent films in a two day Silent Film
Festival, working with two film organizations. This event will take place in the
Chula Vista Women's Club and is both an educational and entertaining event for
families.
Bonita Vista Sound Unlimited Girls Choir $1,400
To develop promotional materials that will provide information about the choir
and the activities they present and participate in during the school year. The
materials will also showcase various individual and sections from the choir.
Imagination Express.....All-Aboard $2,500
To provide artistic and educational interactive assemblies to elementary students
of the Chula Vista Elementary School District. Students will be engaged with
stylized and slow motion movements or fast paced slapstick comedy to excite their
minds..
Bonitafest Melodrama $2,500
To provide funding for a community musical-melodrama based on local history
appropriate for multigenerational, culturally diverse family audiences.
FISCAL IMPACT: There is no General Fund impact associated with these grants. The
recommended FY 2003/04 gram awards total $56,347 leaving a balance of $29,323.38 to
be used for emergency "out-of-cycle" grant requests received during 2003/04. Any
remaining funds may be carried over and added to next year's program.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PERFORMING AND
VISUAL ARTS TASK FORCE'S SELECTION OF THE FY
2003-04 PERFORMING AND VISUAL ARTS GRANT
RECIPIENTS AND THEIR MONETARY GRANT AWARDS
TOTALING $ 56,347
WHEREAS, in 1997, the City Council approved a Sublease with the House of Blues
Concerts, Inc. (formerly Universal Concerts) that established a process whereby ticket sales
proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and
Visual Arts Fund; and
WHEREAS, this fund is to be used for art grants to the Chula Vista community for the
purpose of promoting and stimulating the growth of performing and cultural arts within the City
of Chula Vista; and
WHEREAS, as called for in the sublease, a Performing and Visual Arts Task Force was
established and annually makes recommendations to the City Council regarding the art grant
awards; and
WHEREAS, the Task Force is assisted by the Office of Cultural Arts, which formally
conducts the grant application process; and
WHEREAS, the Task Force has reviewed the FY 2003-04 applications and has made the
recommendations for funding to the City Council as listed in the Council Agenda Statement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Performing and Visual Arts Task Force's selection of the
FY2003-04 Performing and Visual Arts Grant recipients and their monetary grant awards
totaling $ 56,347.
Presented by
David Palmer
Assistant City Manager
Approved as to form by
Mo re ~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Resolution Endorsing the City of Chula Vista's participation in the
"Cities That Read" campaign and authorizing the Mayor to execute said
agreement
Assistant City Manager Palmerc~ ~
City Manager~-/ (4/5tbs Vote: Yes No X.~D
California Literacy, Inc., in collaboration with Verizon and the Caiifomia State Library
Association have joined together to create "Cities That Read," a statewide campaign to raise
awareness about the importance of adult literacy as well as to recognize the achievements of
California cities that have made a commitment to the adult literacy issue.
RECOMMENDATION: That the City Council approve the resolution endorsing the City of
Chula Vista's participation in the "Cities That Read" campaign and authorize the Mayor to
execute said agreement.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
For over 15 years Chula Vista Literacy Team has been in the forefi'om of fighting adult illiteracy.
To promote this effort statewide, Caiifomia Literacy, Inc. is spearheading a new public
awareness campaign entitled, "Cities That Read."
Should Council approve this resolution, the City will:
Endorse the "Cities That Read" campaign as coordinated by California Literacy and support
the concept of the California Mayor's Literacy Network.
Designate a liaison to represent the interest of the community in supporting adult literacy in
the area~ This representative will be the communication link between the Mayor and literacy
workers in the community. This representative will also support the city's retemion of its
"Cities Th. at Read" status. This individual may also represent the Mayor in the Caiifomia
Mayors Literacy Network. (It is recommended that the City's Literacy Coordinator be
designated as the liaison).
Item: ~ , Page
Meeting Date: 07/08/2003
Network, taking place at California Literacy's 2003 Statewide Adult Literacy Conference, in
Pasadena, Thursday, October 2.
Commit to taking advantage of potential local, regional and statewide media coverage, and
literacy information and materials made available through Cities That Read, to help
By participating the City will:
· Be designated as one of California's CITIES THAT READ
· Be highlighted as one of the CITIES THAT READ in local promotional ads and materials
· Receive a position for the Mayor, or representative in the "California Mayors Literacy
Network."
Be included in an information network which will 1) generate a better understanding of the
cost of illiteracy in our communities as it relates to business, families, health, financial
planning, and government and 2) assist in the formation of a strategic plan for California
literacy solutions
· Use the CITIES THAT READ logo on city materials, publications, stationery and website
· Receive technical literacy support from California Literacy, Inc. to city offices and personnel
Receive technical support from California Literacy, Inc. to local literacy program
coordinators in hosting events for ceremonial presentation of a community's CITIES THAT
READ award
· Receive an electronic link from the CITIES TItAT READ website to the City's website
highlighting our community's commitment to adult literacy.
FISCAL 1MPACT: There is no direct fiscal impact involved with the approval of this
resolution.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VISTA'S PARTICIPATION IN THE "CITIES THAT READ"
CAMPAIGN AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, California Literacy, Inc., in collaboration with Verizon and The
WHEREAS, a statewide campaign to raise awareness about the importance of adult
literacy; and
WHEREAS, to recognize the achievements of California cities that have made a
commitment to the adult literacy issue; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby endorse the City of Chula Vista's participation in the "Cities That Read"
campaign and authorize the Mayor to execute said agreement.
Presented By
Approved as to form by
David Palmer
Assistant City Manager
J:\ATTORNEY\RESO\Cities that Read
City Attorney
THE ATTACHED AGREEMENT b! A S BFFN ~ FVTl:Wt:13
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: ~xm~,~ ~.; 'LO¢_~
Agreement fo~Mee~ing Cities that Read C'riteria
California Literacy and Cities That Read
Agreement for Meeting
Cities That Read Criteria
As the Mayor and representative of the city/county of
b~u~a Vista
, California,
I agree to support adult literacy in my community and the Cities That Read campaign in the following
ways (please check the item or items that you and your city/county commit to do in support of Cities
That Read):
Literacy and do support the concept of the California Mayors Literacy Network.
My office will designate a liaison to represent me and my interest, and the interest of the
community I represent, in supporting adult literacy in my area. My representative will be my
communication link with the literacy workers in my community. My representative will also
support my city's/county's retention of its Cities That Read status. This individual may also
represent me in the California Mayors Literacy Network.
My office will be an active partner in supporting adult literacy in my community and will be
of assistance in setting the foundation for a local literacy coalition. Ifa coalition already
exists in my community, my office will be supportive of this literacy coalition. The coalition
will be made up of local, diverse adult literacy program representatives, businesses, and other
agencies and influential supporters.
My office commits to sending one representative to the first meeting of the California
Mayors Literacy Network, taking place at California Literacy's 2003 Statewide Adult
Literacy Conference, in Pasadena, Thursday, October 2.
My office commits to take advantage of potential local, regional and statewide media
coverage, and literacy information and materials made available through Cities That Read,
to help establish or strengthen adult literacy activities in my city/county.
Printed Name of Mayor:
Stephen C. Padilla
Mayor's Signature:
Title (if other than "Mayor"):
Name of Liaison, ifidentified: Patrice O'Halloran, Literacy Coordinator
Liaison Email Address: pohal loran@chulavista.1 ib.ca.us
Contact Phone Number: (619) 585-5773 Date: 06/23/03
Please fax this agreement to 619-291-7324 OR e-mall to losecruz~,ealiterae¥.org
OR ...... mail to .......... Joso Cruz, California Literacy, 2225 Camino del Rio S. #A, San Diego, CA 92108
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 7/8/03
ITEM TITLE:
Resolution Approving the Grant of Easements and
Maintenance Agreement for Eastlake Terraces located in the Southem
Land Swap area of the Eastlake II Greens SPA, and authorizing the
Mayor to execute said Agreement.
SUBMITTED BY: Director of Engineering ~
REVIEWED BY: City Manage . 9c (4/Sths Vote: Yes No X )
On April 15, 2003, Staff approved the Tentative Parcel Map for the Eastlake Terraces project located
in the Southern Land Swap area of the Eastlake II Greens SPA. The project consists of
approximately 42 acres of commercial property that will contain a Wal Mart, Home Depot, and other
smaller commercial establishments. The Grant of Easements and Maintenance Agreement, required
by the conditions of approval of said Tentative Parcel Map, is now before Council for consideration
and approval. This Agreement sets forth specific obligations and responsibilities for the
maintenance by the Eastlake Terraces project of certain landscaping improvements and facilities
located within public right-of-ways adjoining the project.
RECOMMENDATION: That Council adopt the resolution approving the Grant of Easements and
Maintenance Agreement for Eastlake Terraces located in the Southern Land Swap area of the
Eastlake II Greens SPA, and authorizing the Mayor to execute said Agreement.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The developer has executed the Grant of Easements and Maintenance Agreement for Eastlake
Terraces of the Southern Land Swap area (Attachment 1) setting forth the developer's obligations to
maintain certain public landscaping improvements and facilities consisting of street trees, planting,
and irrigation facilities located within the public parkways of Eastlake Parkway and Olympic
Parkway.
The agreement has been reviewed by staff and is ready for Council consideration (Attachment 2).
The City Attorney has approved the agreement as to form.
FISCAL IMPACT: None to the General Fund. All staff costs associated with the proposed
agreement will be reimbursed from the developer's deposits.
Attachment:
1: Eastlake Terraces Plat
2: Grant of Easements & Maintenance Agreement for the Eastlake Terraces
J:\Engineer\LANDDEV~Projects\Land Swap\tentative map\CASHOA.doc
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ (vt (~
~Moore
City Attorney
Dated:
1- - l-- - oJ
Grant of Easements and maintenace agreement for Eastlake
Terraces locted in the Southern Land Swap area of Eastlake
II Greens SPA
rb-3
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, California 91912
This Instrument Benefits City Only.
No Fee Required. 5
This Space for Recorder's Use Only
C.V. File No.: EP-270
GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made as ofthis _ day of ,2003, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and GATLIN DEVELOPMENT CO., INC.,
a California corporation ("Gatlin Co") and E-LAKE TERRACES, L.P., a California limited
partnership ("E-Lake Terraces"). (Herein E-Lake Terraces and Gatlin Co. are referred to
collectively as "Gatlin").
RECITALS
A. E-Lake Terraces and Gatlin Co. are the owners of a portion of the real property
described on Exhibit "A" attached hereto and incorporated herein. ("Property"). The balance of
the Property is owned by the owners listed on the signature page as the "Property Owners"
("Property Owners"). The Property is being developed as a shopping center ("Shopping
Center"). This Agreement concerns and affects certain improvements located within the
Property and certain areas located outside of the boundaries of the Property.
B. The Shopping Center was approved for development by the City ("City
Approval").
C. Prior to the recordation of this Agreement, Gatlin and the other Property Owners
recorded against the Property the Declaration of Covenants, Conditions, Restrictions and
Reciprocal Easements for EastLake Terraces Shopping Center ("Declaration").
D. The Property is covered by final parcel map no. 19244 ("Parcel Map")
I
EastLake
Grant of Easements and Maintenance Agreement
20322-855/ 1855778.8
6/11/2003
to-if
E. As a condition to the recordation of the Parcel Map the City has required Gatlin to
provide it with assurance that the maintenance of certain areas within the Shopping Center and
certain areas located outside of the boundaries of the Shopping Center would be provided for.
The City and Gatlin have entered into a Supplemental Parcel Map Improvement Agreement
pursuant to the City Approval, in which it was agreed that maintenance of such areas shall be
accomplished by the creation of business owners association or similar another entity acceptable
to the City. The City, by its approval of the Declaration, has approved the appointment of a
maintenance director to perform the maintenance under the Declaration ("Maintenance
Director").
F. The City desires to grant to the Maintenance Director easements for landscape
maintenance purposes upon, over and across the areas located outside of the boundaries of the
Shopping Center as shown on Exhibit "B" ("Off-Site Maintenance Areas") in order to
facilitate the obligations ofthe Maintenance Director as set forth in the Supplemental Parcel Map
Improvement Agreements, adopted pursuant to the City Approval.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as set forth below.
I. Grant of Easements and License.
The City hereby grants to the Maintenance Director appointed under the Declaration and its
agents, successors and assigns, non-exclusive easements and right-of-ways over and across the
Off-Site Maintenance Areas for the purpose of maintaining, repairing and replacing landscape
and hardscape located thereon. These grants are made without any warranties of any kind,
express or implied.
2. Maintenance Responsibilities.
2.1 Maintenance by Maintenance Director. The Maintenance Director hereby
covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be
maintained, repaired or replaced, the improvements within the Off-Site Maintenance Areas and
those improvements also addressed on Exhibit C ("Description of Maintenance
Responsibilities") attached hereto, and in accordance with the maintenance standards set forth in
the Declaration. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall
mean the maintenance, repair and replacement obligations described herein and in Section 5 of
the Declaration and shall also include repair and replacement at no cost to the City of any City
owned property that is damaged during performance of the maintenance responsibilities pursuant
to this Agreement or the Declaration.
2.2 Transfer by Maintenance Director. The Maintenance Director shall have the
right to transfer Maintenance obligations to another owner under the Declaration ("Transferee")_
Upon the Maintenance Director's transfer of Maintenance obligations to a Transferee, (i) the
Transferee shall become obligated to perform the obligations so transferred, (ii) the Maintenance
Director shall retain the right to perform the Maintenance should the Transferee fail to do so, and
(iii) the Maintenance Director shall be released ftom the obligations so transferred subject to the
City determining that the requirements of Paragraph 4 below have been satisfied.
2
EastLake
Grant of Easements and Maintenance Agreement
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6/11/2003
fo-~
3. Insurance.
The Maintenance Director shall procure and maintain at its sole cost and expense, the insurance
required to be maintained under the Declaration.
4. Assignment by Maintenance Director and Release of Maintenance Director.
4.1 Assil!nment. Upon Maintenance Director's transfer of certain Maintenance
obligations to a Transferee, it is intended by the parties that the Transferee shall perform the
Maintenance obligations either itself or by contractors. Such transfer will be permitted pursuant
to Section 5u of the Declaration, and will release the Maintenance Director ITom its obligations
with respect to the portion of the Property so transferred only if all of the following occur:
(i) Transferee Accepts Oblil!ation. The Transferee has unconditionally
accepted and assumed all of the Maintenance Director's obligations under this Agreement in
writing, such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the Transferee expressly assumes the obligations of the Maintenance Director
under this Agreement as described in the Declaration.
(ii) Insurance. The Transferee procures and Maintains at its sole cost and
expense, a policy of public liability insurance, which meets the requirements set forth in the
Declaration. The Transferee shall provide the City with a Certificate of Insurance upon
acceptance ofthe transfer of the Maintenance obligations herein.
4.2 Release. When all conditions precedent in Paragraph 4.1 are fulfilled, the
Transferee shall be permitted to perform the maintenance as provided under the Declaration and
the Maintenance Director shall be released from its obligations under this Agreement. The
Maintenance Director or the Transferee shall give notice to the City of Maintenance Director's
intent to transfer its Maintenance obligations herein and provide the City with the appropriate
documents listed in Paragraph 4.1.
5. Indemnity.
The Maintenance Director shall protect and hold the City, its officers, agents and employees,
harmless from any and all actions, suits, claims, damages to persons or property, costs including
attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort
(herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity
because of or arising out of or in connection with the use, maintenance, or repair of the Off-Site
Maintenance Areas by the Maintenance Director, its agent, employees, successors, assigns,
members, or contractors, excepting any sole negligence or sole willful misconduct on the part of
City, its officers, employees, and agents.
6. Indemnity If Transferee.
The document whereby the Maintenance Director transfers a Maintenance obligation to a
Transferee owner shall be signed by both the Maintenance Director and the Transferee and shall
3
EastLake
Grant of Easements and Maintenance Agreement
20322~855/1855778.8
611 1/2003
6-6
set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indemnification proVision:
Indemnity. The [Transferee's name] shall indemnify and hold the City, its officers, agents
and employees, harmless from any liability, cost or expense, including reasonably incurred
attorneys' fees, which result from the Transferee's failure to comply with the requirements of the
obligations transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended that the
City shall have the right to enforce this Indemnity. This Indemnity may not be amended without
the written consent of the City Planning Director or City Attorney.
7. Agreement Applicable to Subsequent Owners.
7.1 Agreement Binding Upon Any Successive Parties. This Agreement shall be
binding upon Gatlin and any successive Owner under the Declaration. This Agreement shall be
binding upon the Maintenance Director and any Transferees upon transfer of rnaintenance
obligations to the Maintenance Director or Transferee, respectively. This Agreement shall inure
to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property.
7.2 Agreement Runs With the Land. The burden of the covenants contained in this
Agreement is for the benefit of the Property and the City, its successors and assigns, and any
successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its
own right and for the purposes of protecting the interest of the community and other parties,
public or private, in whose favor and for whose benefit such covenants running with the land
have been proVided, without regard to whether the City has been, remained or are owners of any
particular land or interest therein. If such covenants are breached, the City shall have the right to
exercise all rights and remedies and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of
this Agreement and the covenants may be entitled.
8. Governing Law.
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
9. Effective Date.
The terms and conditions of this Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego County Recorder's Office.
10. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be original
and all of which shall constitute one and the samè document.
4
EastLake
Orant of EasemenlS and Maintenance Agreement
20322-8551 1855778.8
6/11 12003
0-7
11. Recording.
The parties shall cause this Agreement to be recorded in the Official Records of the San Diego
County Recorder's Office, concurrently with the recordation of the Parcel Map.
12. Miscellaneous Provisions.
12.1 Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three
(3) business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in
this Agreement or within one (1) business day after deposit within a nationally recognized
overnight courier. A party may change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
lfTo City:
CITY OF CHULA VISTA
Department of Engineering
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Deputy Director of Engineering
If To The Parties:
Vice President-Real Estate
Gatlin Development Company
12625 High Bluff Drive, Suite 304
San Diego, CA 92130
Attn: Loren VanDer Slik
12.2 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.
12.3 Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
12.4 Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
5
EastLake
Grant of Easements and Maintenance Agreement
20322-855/1855778.8
6/1112003
h-7
12.5 Compliance With Laws. In the performance of its obligations under this
Agreement, the parties, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
12.6 Authority of Sil!natories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement, and that all resolutions and/or other actions have been
taken so as to enable said signatory to enter into this Agreement.
12.7 Modification. This Agreement may not be modified, terminated or rescinded, in
whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
12.8 Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant or
condition to person or circumstance, shall not be affected thereby and each term, covenant or
condition shall be valid and be enforced to the fullest extent permitted by law.
12.9 Preparation of Al!reement. No inference, assumption or presumption shall be
drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in the preparation and/or drafting
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year fIrst set forth above.
6
EastLake
Grant of Easements and Maintenance Agreement
20322-855/1855778.8
6/11/2003
b-1
Signature Page
to Agreement between City ofChula Vista and E-Lake Terraces, LP
For Grant of Easements and Maintenance Agreement (Dedicated Easements)
IN WITNESS WHEREOF, City, Gatlin Co, and E-Lake Terraces have executed this
Agreement thereby indicating that they have read and understood same, and indicate their full
and complete consent to its terms:
Dated:
,2003
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
GATLIN CO:
Gatlin Development Co., Inc., a California
corporation
By:
Name: h-/(o~
Title: 1"..4:n
.c:: ~d
A/~
E-LAKE TERRACES:
Dated:d"'-"'/- /d,óloa-:o.
E-Lake Terraces, LP, a California limited
partnership
By: Gatlin Development Co., Inc., a
California corporation,
General Partner
By: ¿c~--I'
Name: ~;.../ )Z/.¿/~
Title: C-FI?
7
EastLake
Grant of Easements and Maintenance Agreement
20322-8551 1855718.8
0-10
6/11/2003
STATE OF~ ~4,,;" . )
_ ) SS.
COUNTYOL~... £)"''¡t, )
On~ ~ 20g,?before me, 4-r-' <'~ Á.;¡(. ~. a NotaIy Public, personally
appeared - ,,~~ , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the 8ame in his/her/their authorized capacity(ies), and that by
histher/their signature( s) on the instrument the person( s), or entity upon behalf of which the person( s} acted,
executed the instroment.
~ L.ü-,.-
Notary Pnblic
ð'¿~
STATE oF(':,-/~".;.¿
COUNTYOL~fQ 1O~<p
)
) SS.
)
On ~_ ~ ,20~before me, -Z;~"::¿L VLh¿, a NotaIy Public, personally
appeared V . . Jf ':cy1~ ' personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
histher/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
~"'~~~
Notary Public
9
EastLake
Grant of Easements and Maintenance Agreement
20322-855 1 1855778.8
b-II
6/1112003
Consent of Property Owners
The undersigned, as the fee title owners of portions of the Property hereby consent to the
recordation of tms Agreement against the portions of the Property owned by each of the
undersigned.
WAL-MART:
W AL-MART REAL
TRUST
TATE BUSINESS
~
VI (.1=
HOME DEPOT:
HOME DEPOT U.S.A., INC.
By:
Name:
Title:
Approv d as to legal terms only
by .
WAI.!. RT. EGAL DEPT.
Date: ¿;-a.3-ð,::f
8
EastLa.ke
Grant of Easements and Maintenance Agreement
20322-8551 J 855778.8
6/1 J /2003
0-/2-
STATE OF
~
~
)
) SS.
)
COUNTY OF
On , 2003 before me, a Notary Pnblic, personally
appeared ....1 '" CI..A><. L: , person known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) an the instrument the person(s), or entity upon behalf of which the person(s) acted,
executed the instrument.
\\ TNESS~lItedlUl«afficial eaL
County of Benton
Notary Public - Arkansas
My Commission Exp. 03/13/2012
~~
Nota ublic
STATE OF
COUNTY OF
)
) SS.
)
On , 200_ before me, , a Notary Public, personally
appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persan(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seaL
Notary Pnblic
10
EastLake
Grant of Easements and Maintenance Agreement
20322-855/1855778.8
6/11/2003
6-/3
Consent of Property Owners
The undersigned, as the fee title owners of portions of the Property hereby consent to the
recordation of tbis Agreement against the portions of the Property owned by each of the
undersigned.
W AL-MART:
W AL-MART REAL EST ATE BUSINESS
TRUST
By:
Name:
Title:
HOME DEPOT:
HOME DEPOT U.S_A., INC.
~~~y:~Ya \l, 'S ~
~ame: ( . ~ n
Title: w~~l1;~ .
ì
8
EastLake
Grant of EaSements and Maintenance Agreement
20322-8551 1855778.8
6/1112003
h -/'1
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
,
On 6-/7 ,2003, before me, 1/ ìS~ç<- /2IlS!U...d:i , a
Notary Public in and for the said state, personally appeared Erika M. Strawn, personally
known to me (or proven to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she
executed the same in her authorizèd capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
l~ LISA M. SMITH ~
- Comm. /1290415
UJ,. NOTARY PUBUC0 CAl,'FORNIA (J)
, Orange County _
Mv Comm. Expires J&n 12,2005 ...
b-/~
)- /d-O~
My'commission expires
Exhibits
Exhibit A. ....... ................ ............... ........ ............... ..._.. ...... ........ ..........Legal Description of Property
Exhibit B .............................................................................................. Off-Site Maintenance Areas
Exhibit C .................................................................... Description of Maintenance Responsibilities
11
EastLake
Grant of Easements and Maintenance Agreement
20322-855/1855778.8
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h-Ib
Exhibit "A"
Legal Description of Property
[To Be Attached Upon Execution]
12
EastLake
Grant of Easements and Maintenance Agreement
20322-855/ 1855778.8
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(P-/7
EXHIBIT "A"
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
EASTLAKE TERRACES
PARCEL "A"
THOSE PORTIONS OF THE WESTERLY PUBLIC PARKWAY OF EASTLAKE
PARKWAY AS DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT
RECORDED JANUARY 8, 2003 AS FILE NO. 2003-0025086; TOGETHER WITH
ALL THOSE PORTIONS OF THE NORTHERLY PUBLIC P ARKW A Y OF OLYMPIC
PARKWAY AS DEDICATED PER DOCUMENT RECORDED DECEMBER 17, 2002
AS FILE NO. 2002-1153503, LOCATED BETWEEN LOTS 12 AND 13 OF PARCEL
MAP NO. 19244 RECORDED ON MAY 29, 2003 AS FILE NO. 2003-0628327, AND
THE BACK OF THE TRAIL ALONG THE NORTHERLY SIDE OF OLYMPIC
PARKWAY.
b -/'7
EastLake
Grant of Easements and Maintenance Agreement
20322-855/1855778.8
Exhibit "B"
Off-Site Maintenance Areas
[Attached Hereto]
13
6/11/2003
b-{q
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MAINTENANCE PARCEL 12
MAINTENANCE PARCEL 13
PARCEL 'A': MAINTAINED
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Exhibit "c"
Description of Maintenance Responsibilities
[Attached Hereto]
14
EastLake
Grant of Easements and Maintenance Agreement
20322-855/1855178.8
6/11/2003
0-26
EXHIBIT "C"
Description of Maintenance Responsibilities
Eastlake Terraces
City's
Areas Reference Maintains General Fund
Maintains
I Westerly Public Parcel A of · A111andscaping and irrigation 'Public facilities not
Parkway of Eastlake Exhibits "A" improvements located within being maintained by
Parkway and those and "B" the public parkways (including this agreement such as:
portions of the street trees maintenance and trail improvements,
northerly Public trimming) concrete sidewalks,
Parkway of Olympic street lights and
Parkway located appurtenant equipment,
between lots 12 and traffic signals and
13 of the Project, and appurtenant equipment.
the back ofthe trail
along the northerly
side of Olympic
Parkway
(0 - 2-6
RESOLUTION NO. 2003-
RESOLUTION APPROVING A GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT, FOR EASTLAKE TERRACES
LOCATED IN THE SOUTHERN LAND SWAP AREA OF EASTLAKE
I1 GREENS SPA, AND AUTHORIZING THE MAYOR TO EXECUTE
SAiD AGREEMENT
WHEREAS, this Agreement sets forth specific obligations and responsibilities for
the maintenance of the Eastlake Terraces project; and
WHEREAS, the grant of easements and maintenance agreement sets forth the
developer's obligation to maintain certain public landscaping improvements and facilities
consisting of street trees, planting, and irrigation facilities; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement,
for Eastlake Terraces located in the Southern Land Swap area of the Eastlake Greens
SPA, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said agreements for and on behalf of the City
of Chula Vista.
Presented by
Approved as to form by
Clifford Swanson
Director of Engineering
City Attorney
J:AiXome y\Reso\Easement s\Eastlake Terraces
COUNCIL AGENDA STATEMENT
Item: --~
Meeting Date: 07/08/03
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Resolution Approving an Agreement Between the City of
Chula Vista and D-Max Engineering, Inc. for National Pollutant
Discharge Elimination System (NPDES) Dry Weather Analytical and
Field Screening Monitoring Services and grant the City Manager the
authority to approve up to two one- year extensions to said agreement.
Director of Engineering ~
City Manager(Pp,,f~ (4/5tbs Vote: Yes No X
)
One requirement of the City's NPDES Municipal Permit (Order No. 2001-01) from the
California Regional Water Quality Control Board, San Diego Region (RWQCB) is that all
agencies annually conduct dry weather analytical and field screening monitoring (effluent
sampling, chemical analyses, observation of physical conditions, and laboratory testing) at
major outfalls during the dry weather season (May 1s~ through September 30~ of each year) in
order to detect illegal discharges to the storm water conveyance system and to identify, if
possible, the sources of the illegal discharges.
Due to the expertise and specialized equipment necessary to perform dry weather analytical
and field screening monitoring services, staff considered it necessary to retain an outside
consultant and requested proposals from qualified engineering and environmental consulting
firms. Staff received ten (10) proposals and has determined that the firm of D-Max
Engineering, Inc. was the most qualified of the ten firms responding to our Request For
Proposals (RFPs). In addition, D-Max Engineering, Inc. (D-Max) submitted the lower bid of
the two top-ranked consultants. Therefore, staff recommends that D-Max be retained to
perform Dry Weather Analytical and Field Screening Monitoring Services.
RECOMMENDATION: That Council approve an agreement between the City of Chula
Vista and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System
(NPDES) Dry Weather Analytical and Field Screening Monitoring Services and grant the City
Manager the authority to approve up to two one-year extensions to said agreement.
BOARDS/COMMISSIONS RECONEMENDATION: Not applicable
DISCUSSION:
The City has been performing dry weather analytical and field screening monitoring to comply
with its NPDES Municipal Permit since 1994. Woodward Clyde Consultants, Kinnefic
Laboratories, and D-Max have performed these services for the City during the dry seasons of
~7
Page 2, Item [
Meeting Date 07/08/03
1994-96, 1997-99, and 2000-2002 respectively. The 2000-2002 three-year agreement with D-
Max expired on June 30, 2003.
In accordance with City Purchasing Guidelines, an RFP was published and the following ten
firms formally responded:
2.
3.
4.
5.
6.
7.
8.
9.
10.
Burns & McDonnell
D-Max Engineering, Inc.
EnecoTech
Environmental Business Solutions
HartCrowser
HDR Engineering, Inc.
Kinnetic Laboratories/Toxscan, Inc.
Kleinfelder
MEC Analytical Systems, Inc.
Pollution Prevention International
Following City RFP evaluation procedures, the selection committee appointed by the City
Manager reviewed submitted proposals and determined that the following three firms had
previous municipal dry weather analytical and field screening monitoring experience directly
related to the type of services required by the City:
D-Max Engineering, Inc.
Kinnetic Laboratories/Toxscan, Inc.
MEC Analytical Systems, Inc.
On May 12, 2003, the three selected consultants were invited to participate in the second stage
of the selection process, which included interviews and submittal of time and material,
maximum compensation proposals for Outfall Field Screening only. Kinnetic Laboratories did
not show up for the scheduled interview and left a voice message with staff indicating they
could not participate. The other two firms were interviewed. At the conclusion of the
interview, the conunittee ranked the consultant firms as follows:
* Not-to-Exceed Amount
Ranking Firm Outfall Field Screening
(Basic Task, Items 1 & 2)
1 D-Max Engineering, Inc. $20,070
2 MEC Analytical Systems, Inc. $33,293.58
* Not-to-Exceed Amount Costs include one round of field screening, laboratory testing, analysis and
reporting, and excludes upstream a~d on-call investigations.
The selection of D-Max as the most qualified firm was based upon: 1) overall better
knowledge of the scope of work and NPDES regulations and requirements; 2) excellent
references; 3) presentation in the interview; 4) extensive experience in performing dry weather
analytical and field screening monitoring in Chula Vista and other local jurisdictions; and, 5)
lower cost.
Page 3, Item ~
Meeting Date 07/08/03
D-Max ranked higher because they demonstrated a higher level of knowledge and expertise in
upstream investigation and source identification. The Selection Committee considered the top
two consultants to be equally qualified with respect to scientific expertise, including field
sampling and monitoring. D-Max's cost proposal was significantly lower than MEC
Analytical Systems due to their ability to keep laboratory costs down because they have been
able to negotiate favorable rates with their sub-consultant laboratory. Costs associated with
office staff time for data review, analysis, and report preparation were also lower for D-Max,
resulting in a substantially lower overall cost than MEC Analytical Systems, Inc.
Staff recommends contracting with D-Max Engineering, Inc. based on the criteria discussed
above.
The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement
consists of three major components as follows:
Basic Task, Item 1 - Field Screening at 50 outfalls.
Basic Task, Item 2 - Sampling and laboratory testing on samples collected at 15
outfalls.
Additional Tasks, Item 3 Upstream investigations for pollutant source
identification and On-Call/As-Needed services.
During the Request for Proposals and interview process, the consultants were informed of the
components of the Scope of Services, and consultants selected for the interviews were .
requested to submit their proposal for the Not-to-Exceed Limitation amount (Paragraph
ll.C.(1) of the Standard Form Two Party Agreement) for items 1 and 2 above (basic task).
For the two top ranking consultants these amounts are shown in the above table. Time
required for upstream investigations and On-Call/As-Needed services (item 3) is dependant
upon unforeseeable factors including number of pollutant observations and difficulty of source
identification. For this reason an additional $29,930 was included in the Agreement to cover
such costs. However, according to the Agreement, expenditure of the latter amount will only
be made at the City's discretion on a time and material basis.
By approving this resolution, the City will enter into an agreement with D-Max Engineering,
Iflc. to perform Dry Weather Analytical and Field Screening Monitoring Services, on a time
and materials basis, on an hourly rate/unit cost basis for a total fee which will not exceed
$50,000 in Fiscal Year 2003-2004.
The basic task D-Max will perform for the City is field screening monitoring at 50 storm drain
outfalls throughout the City, analytical laboratory testing at 15 outfalls, and submitting a
written report of the analytical and field screening and related activities. This report will then
be included in the annual compliance report required by the NPDES Municipal Permit. The
Not-To-Exceed cost per the Proposal, for the basic field screening, analytical testing, and
associated report is $20,070. In addition, $29,930 of the agreement has been budgeted to
satisfy the two other tasks and requirements of the City's Permit. These tasks and
requirements are (1) upstream investigations and testing during field screening operations
(estimated to be about $19,000) and (2) upstream investigation and testing on an on-call/as-
Page 4, Item
Meeting Date 07/08/03
needed basis throughout the term of the Agreement where deemed necessary and authorized by
the City (estimated to be about $10,000). These tasks are conducted to identify sources of
pollution and are directly dependent upon the number and type of outfalls that are polluted and
will be provided by the consultant on a time-and-materials basis through June 30, 2004. These
tasks and their estimated costs will need to be included in Fiscal Year 2004-05 and 05-06 dry
weather analytical and field screening monitoring service programs agreements. It is
estimated that the maximum budget in each fiscal year will be $50,000, but is also dependent
upon additional requirements that may be imposed by the RWQCB.
The initial agreement will be for one year. Provisions were included allowing the agreement
to be extended, at the City's sole discretion, for two additional one-year terms. Unit rates for
all tasks shall increase 4% annually for each of the additional two one-year terms. Agreement
extensions would have to be approved by the City Manager and City Attorney. The possible
extension of the agreement for up to two years was included in the Request for Proposal and in
the proposed agreement to encourage better hourly rates and unit costs by providing the
possibility of a longer term agreement, to avoid the time-consuming selection process each
year, and to maintain continuity in the Illegal Discharge Detection Program. Approval of the
proposed resolution would authorize the City Manager to extend the agreement for up to two
years, depending upon satisfaction with the consultant's work and available funding in future
budgets. The fee for future said Programs would be programmed as part of the City's Fiscal
Year FY 04-05 and 05-06 NPDES Program budgets.
Failure to comply with any aspect of the City's NPDES Municipal Permit could result in the
imposition of up to $27,500 per day fines by the RWQCB, and up to $50,000 per day by the
United States Environmental Protection Agency.
FISCAL IMPACT: The fee for these services for FY 2003-2004 will not exceed $50,000.
Funds to cover dry weather analytical and field screening monitoring service costs have been
programmed as part of the City's Fiscal Year 2003-2004 NPDES Program budget. This
program is funded by the Storm Drain Fee.
Attachments: Proposed Agreement Between the City and D-Max Engineering, Inc.
File No. 0780-82-KY181
J:\Engineer\NPDES\Agenda\Dry Weather Screening 2003-3.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND D-MAX ENGINEERING,
INC FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM 0NIPDES) DRY WEATHER
ANALYTICAL AND FIELD SCREENING MONITORING
SERVICES AND GRANT THE CITY MANAGER THE
AUTHORITY TO APPROVE UP TO TWO ONE-YEAR
EXTENSIONS TO SAID AGREEMENT
WHEREAS, due to the expertise and specialized equipment necessary to perform dry
weather analytical and field screening monitoring services, staff considered it necessary to retain
outside consultant; and
WHEREAS, staff requested proposals from qualified engineering and environmental
consulting firms; and
WHEREAS, the selection committee appointed by the City Manager reviewed submitted
proposals and determined that the following three firms had previous municipal dry weather
analytical and field screening monitoring experience directly related to the type of services
required by the City:
· D-Max Engineering, Inc
· Kinnetic Laboratories/Toxscan, Inc.
· MEC Analytical Systems, Inc.
WHEREAS, on May 12, 2003, the three selected consultants were invited to participate
in the second stage of the selection process; and
WHEREAS, Kennetic Laboratories did not show up for the scheduled interview, the
other two finns were interviewed; and
WHEREAS, the committee ranked the consultant firms as follows:
Ranking Firm Not-To-Exceed Amount
Outfall Field Screening
I D-Max Engineering, Inc $20,070
2 MEC Analytical Systems, Inc. $33,293.58
WHEREAS, the selection of D-Max as the most qualified firms was based upon: 1)
overall better knowledge of the scope of work and NPDES regulations and requirements; 2)
excellent references; 3) presentation in the interview; 4) extensive experience in performing dry
weather analytical and field screening monitoring in Chula Vista and other jurisdictions; and
5) lower costs.
NOW, THEREFORE, BE IT RESOLVED that the City Cotmcil of the City of Chula
Vista does hereby approve an Agreement between the City of Chula Vista and D-Max
Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather
Analytical and Field Screening Monitoring Services, a copy of which shall be kept on file in the
office of the City Clerk; and
BE IT FURTHER RESOLVED that the City Manager is granted the authority to approve
up to two one-year extensions to said agreement; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by
Clifford Swanson
Director of Engineering
J:hattomey~reso~D-Max Engineering Agreement
Approved as to form by
Ann Moore
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
Ann Moore
City Attorney
Dated:
Agreement between the City of Chula Vista and D-Max
Engineering, Inc. for National Pollution Discharge
Elimination System (NPDES) Dy Weather Analytical and
Field Screening Monitoring and Illegal Discharge Detection
Services
Agreement between
City of Chula Vista
and
D-Max Engineering, Inc.
For National Pollutant Discharge Elimination System (NPDES)
Dry Weather Analytical and Field Screening Monitoring Services
and Illegal Discharge Detection Services
This agreement ("Agreement"), dated July 10, 2003 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and Whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City seeks to comply with all aspects of the 1987 Amendments to the Federal
Water Pollution Control Act (Clean Water Act and its implementing regulations, 33 USCA
Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code
13020 et seq.) and its implementing regulations, and the San Diego Regional Water Quality
Control Board
NPDES Permit Number CAS0108758 and any subsequent amendments thereto; and,
Whereas, in order to comply with Federal and State law, it is necessary for the City to
annually conduct Dry Weather Analytical and Field Screening Monitoring (Field Screening) at
major outfalls in order to detect illegal discharges to the storm water conveyance system and to
identify, if possible, the sources of said illegal discharges; and,
Whereas, the City has determined that it is necessary to retain the services of Consultant in
order to satisfy Field Screening requirements; and,
Whereas, in addition to retaining the services of Consultant in order to satisfy Field
Screening requirements, it is necessary and desirable to retain Consultant on an on-call, as-needed
retainer basis during the life of the agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 2
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub-consultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverage, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
as an Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof ofInsurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled without
at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 3
7-10
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent
to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition thereto, City agrees to
provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with
the further understanding that delay in the provision of these materials beyond 30 days after
Field Screening Agreement: D-Max Engineering, Inc. Page 4
July 10, 2003
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as
provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (" Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 5
'7
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of interest
for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
Field Screening Agreement: D-Max Engineering, Inc. Page 6
July 10, 2003
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents C Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter of
the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this
Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party, which may be in conflict with Consultant' s responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons, agencies or firms for whom
Consultant is legally responsible in connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability, costs and expenses (including without
limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City,
its officers, employees. Also covered is liability arising from, coImected with, caused by or
claimed to he caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent acts or
omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant shall
defend, indemnify, protect and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost and expense (including without
limitation attorneys fees) except for those claims arising from the negligence or willful misconduct
of City, its officers or employees.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 7
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability
incurred by the City, its officers, agents or employees in defending against such claims, whether
the same proceed to judgment or not. Consultant's obligations under this Section shall not be
limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the termination of this Agreement.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agr'eement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and alt claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of the
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 8
? -15
portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub-consultants
identified thereat as "Permitted Sub-consnltants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re-
ports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be an
employee of City, and none of them shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been' presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference 'as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 9
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their
principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified,
with return receipt requested, at the addresses identified herein as the places of business
for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 10
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 11
Signature Page
to
Agreement between City of Chula Vista and D-Max Engineering, Inc.
for National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical
and Field Screening Monitoring Services and Illegal Discharge Detection Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated: ,2003
City of Chula Vista
Attest:
by:
Steve Padilla, Mayor
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
DaSd:
D-Max Engineering, Inc.
By:
Arsalan Dadkhah, Principal
Exhibit List to Agreement
(X) Exhibit A.
By:
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 12
Exhibit A
to
Agreement between
City of Chula Vista
and
D-Max Engineering, Inc.
1. Effective Date of Agreement: July 10, 2003
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
D-Max Engineering, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
8380 Miramar Mall, Suite 227
San Diego, CA 92121
Voice Phone (858) 455-9988
Fax Phone (858) 455-9978
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
, a [insert business
Page 13
7. General Duties:
Consultant shaH perform dry weather field screening, sampling, and laboratory analysis at
various storm water conveyance system outfalls throughout the City. Consultant shall perform
upstream investigations, additional sampling, and laboratory analysis, as authorized by City, as
may be necessary to identify pollutant sources. Consultant shall prepare and submit to the City a
comprehensive report including field observations, field and laboratory test results, upstream
investigations and source identification, as well as recommendations.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall:
(1)
Provide all personnel, equipment, and materials necessary to perform field
screening in compliance with the requirements of Federal NPDES
Municipal Storm Water Discharge Regulations (promulgated by the United
States Environmental Protection Agency) and California Regional Water
Quality Control Board NPDES Permit Number CAS 0108758, and any
subsequent amendments thereto or re-issuances thereof.
(2)
Field Screen at primary outfall locations shown in Table 5 for those
parameters listed below and on Form 1 "Field Screening Data Sheet". At
locations where flow is observed, the consultant shall perform instrumental
determination of physical conditions and field chemical analyses by
colorimetric or other approved method for the constituents identified in the
"Field Screening Data Sheet". If a primary ouffall location is found to be
dry at the time of investigation, it shall be substituted by an alternate,
flowing or ponded, outfall from Table 6 or any other outfall as approved by
the City, using best professional judgment for selection of the alternate
outfall. At sampling locations where flow is observed, at least two grab
samples must be collected within twenty-four hours of each other and at
least four hours apart. Field screening constituents are as follows:
· Specific conductance (calculate estimated Total Dissolved Solids).
· Turbidity
· PH
· Reactive Phosphorous
· Nitrate Nitrogen
· Ammonia Nitrogen
· Glycol
· Surfactants (MBAS)
· Temperature
Field Screening Agreement: D-Max Engineering, Inc. Page 14
July 10, 2003
(3)
(4)
(5)
(6)
(7)
At a minimum, obtain samples and perform laboratory analysis and testing
at 15 flowing or ponded outfalls. In addition, if information obtained
through Field Screening procedures indicates elevated levels of pollutants
and/or a possible illegal discharge, and laboratory testing is deemed to be
necessary in order to verify field screening results, after obtaining approval
of the City, the Consultant shall obtain sample and perform laboratory
testing as necessary. Laboratory sample analysis at the 15 minimum
outfalls shall include testing for:
· Total Hardness
· Surfactants (MBAS)
· Oil and Grease
· Diazinon and Chlorpyrifos
· Cadmium (Dissolved)
· Copper (Dissolved)
· Lead (Dissolved)
· Zinc (Dissolved)
· Enterococcus bacteria
· Total Coliform bacteria
· Fecal Coliform bacteria
Provide a description of the field chemical analysis methods used, including
the name(s) of the manufacturer(s) of the test methods along with the range
and accuracy of each test, using test methods and detection limits shown in
Table 7.
Perform upstream storm water conveyance system effluent sampling and
analyses, as authorized by City, as may be necessary to identify the
upstream source(s) of pollutants detected or observed during Field
Screening (Deliverable No. 3).
Perform additional storm water conveyance system effluent sampling and
analyses, as authorized by City, as may be necessary to identify pollutant
sources, on an on-call, as-needed basis during the life of the agreement.
Consultant shall commence sampling and analysis within one working day
of request by City (Deliverable No. 4).
Perform all sampling, handling, and testing of field samples obtained for
laboratory analysis in accordance with 40 Code of Federal Regulations Part
136. The Consultant's laboratory shall be certified to perform such
analyses by the California Department of Health Services or shall be
approved by the Executive Officer of the Regional Water Quality Control
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 15
Board. Laboratory testing of field samples shall be performed by test
methods and with detection limits shown in Table 8.
(8)
Perform quality assurance analyses on City-approved chemical standards
(quality control specimens of known chemical concentrations) to check the
accuracy and reliability of the field test equipment used. Field Screening
quality assurance analyses shall be conducted at the beginning of each week
in which Field Screening is scheduled.
(9)
Provide City with original Field Screening Data Sheets within 3 working
days of when Field Screening is performed. Provide City with summary
report of Field Screening activities, laboratory analyses, and upstream
investigations within thirty working days of the completion of the final
round of Field Screening.
(10)
Provide City with all original data, reports, records, etc. of Field
Screening, illegal discharge detection services, and laboratory analyses, as
well as certified copies of all calibration, quality assurance, and
maintenance records. Further, the consultant shall maintain copies of all
records related to dry weather analytical and field screening and illegal
discharge detection services performed under the contract for a minimum of
five years from the date of sampling, measurement, report, etc. This
period may be extended due to possible unresolved litigation regarding a
discharge or when requested by City or the Executive Officer of the
Regional Water Quality Control Board (RWQCB).
All reports shall be in a format acceptable to the RWQCB and/or as
required in the NPDES Municipal Storm Water Discharge Permit.
(11) Use billing forms and procedures acceptable to City.
(12)
Notify City in writing of any discharge which may endanger the public
health or safety and/or the environment within 24 hours of the time the
consultant becomes aware of said discharge.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(x) Other: Seven working days after the date of Notice to Proceed.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Provide City with original Field Screening Data Sheets
within three working days of when said Field Screening is
Field Screening Agreement: D-Max Engineering, Inc. Page 16
July 10, 2003
performed. Provide City with written reports of laboratory
testing performed in conjunction with Field Screening
activities within ten working days of the completion of said
laboratory testing.
Deliverable No. 2:
Provide City with two copies of draft written summary
report of Field Screening and related activities within thirty
working days of the completion of said Field Screening, and
five copies of the final report within seven working days of
approval of the draft by the City.
Deliverable No. 3:
Provide City with written reports of laboratory testing
performed in conjunction with Field Screening activities
upstream of outfalls to identify the upstream source(s) of
pollutants detected or observed during Field Screening
within ten working days of the completion of said laboratory
testing.
Deliverable No. 4:
Provide City with written reports of sampling and analyses
performed on an on-call, as-needed retainer basis to identify
pollutant sources within ten working days of the completion
of said analyses.
D. Date for completion of all Consultant services:
Services are to be provided by Consultant on a time-and-materials basis through
June 30, 2004. Upon a determination by City staff that Consultant has
satisfactorily performed the required services during Fiscal Year 2003-2004 and
upon subsequent approval by the City Manager, this agreement may be extended if
City so elects in its sole discretion up through Fiscal Year 2005~06, in one-year
increments, upon terms and conditions contained herein.
9. Insurance Requirements:
(x)
(x)
(x)
()
(x)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
Errors and Omissions Insurance: $500,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
(1) A reproducible copy of a map of the City showing all field screening sites.
Field Screening Agreement: D-Max Engineering, Inc. Page 17
July 10, 2003
(2) Copies of or access to previous years' dry weather field screening reports.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 18
Phase
I.
2.
3.
Fee for Said Phase
()
C. (x) Hourly
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans, which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or mounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of $20,070 for completion of Deliverables 1 and 2, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
to complete those deliverables for Field Screening at 50 outfalls and Analytical
Monitoring at 15 outfalls listed in Attachment 1 Table 5 (any dry outfalls from
table 5 shall be substituted by an outfall from Table 6) including all Materials and
other reimbursables . Consultant agrees to perform the Defined Services herein
required for Deliverables 3 and 4, which are undefmed as to quantity or number,
Field Screening Agreement: D-Max Engineering, Inc. Page 19
July 10, 2003
and within the sole discretion of the City to initiate, up to the limits of
compensation shown in the following schedule. When funds authorized for
Deliverables 3 and 4 are exhausted, the Consultant and City shall renegotiate the
funding for Deliverables 3 and 4 before the Consultant proceeds with further work.
Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement,
unit rates for Fiscal Years 2004-05 and 2005-06 will increase by 4% annually. Accordingly, the
Not-to Exceed Limitation on Time and Materials for Task 1 (Outfall Field Screening (Deliverables
1 & 2) will be increased to $20,872 and $21,706 for the second and third years, respectively, if
the City exercises its option to extend the agreement in each of these years. Also, the budget for
Tasks 2 & 3 (Deliverables 3 & 4) will be estimated annually.
Table 1 - Compensation
Task Budget for Each Task
1. Ouffall Field Screening (Deliverables 1 & 2) Not- to -Exceed 20,070
2. Upstream Investigation and Testing During Field Screening Estimated $10,000
Operations (Deliverable 3)
3. Upstream Investigation and Testing on an On-Call/As- Estimated $19,930
Needed Basis throughout the Term of the Agreement
(Deliverable 4)
Maximum Total Compensation - Tasks 1, 2, & 3 $50,000
'Funds remaining from a completed task may be utilized for another task if necessary.
(2)
( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 20
Rate Schedule
Table 2 - Personnel
Category of Employee of Consultant' Hourly Rate ($)
2-Person Field Crew 125
3-Person Field Crew (For Confined Space Entry Only) 170
Clerk 40
Word Processor 45
Field Technician 55
Drafter/CAD Operator 65
Staff Scientist/Engineer 75
Project Engineer/Scientist 95
.P~?j ect Manager** 120
Categories of Employees Anticipated to Perform Work on this Pr iect.
"Appearance as expert witnesses at court trials, mediation, arbitration hearings, and depositions will be
charged at $200/hour. Time spent for such appearances will be charged at the above standard hourly
rates.
'" Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement, above rates will
increase by 4% per year for the second and third years.
()
Hourly rates may increase by 6% for services rendered after [month],
19, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
( ) Reports, not to exceed $ :
( ) Copies, not to exceed $--:
( ) Travel, not to exceed $--:
( ) Printing, not to exceed $--:
( ) Postage, not to exceed $ :
( ) Delivery, not to exceed $--:
( ) Long Distance Telephone
Charges, not to exceed $
Cost or Rate
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 21
-7 -2?
(x) Other Actual Identifiable Direct Costs:
Table 3 - Field Screening
Item Unit Cost ($)'
Vehicle, Per Day (includes mileage) 60
Safety Equipment, Per Day 80
Specific Conductance, per Test No Charge
Temperature, Per Test No Charge
PH, Per Test No Charge
Turbidity, Per Test No Charge
Surfactants, per Test 4
Nitrate-N, Per Test 4
Ammonia-N, Per Test 3
Reactive Phosphorus (Ortho-P), Per Test 3
Glycol, Per Test 3
Field Screening tests shall be performed according to test methods, detection limits, ranges,
and accuracies set out in Attachment 1, Table 7.
'* Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement, above rates
will increase by 4% per year for the second and third years.
Table 4 - Laboratory Anal 7sis
Test Unit Cost ($)'
Total Hardness, Per Test 15
Surfactants (MBAS), Per Test 20
Oil and Grease, Per Test 53
Diazinon and Chlorpyrifos, Per Test 215
Cadmium (dissolved), Per Test 15
Copper (dissolved), Per Test 15
Lead (dissolved), Per Test 15
Zinc (dissolved), Per Test 15
Enterococcus Bacteria, Per Test 46
Total Coliform Bacteria, Per Test 46
Fecal Coliform Bacteria, Per Test 46
Laboratory tests shall be performed, according to analytical methods, detection limits, and
holding times set out in Attachment 1, Table 8.
"Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement, above rotes
will increase by 4% per year for the second and third years.
13. Contract Administrators:
City: Muna Cuthbert, Civil Engineer
Department of Engineering
Field Screening Agreement: D-Max Engineering, Inc.
· July 10, 2003
Page 22
1800 Maxwell Road
Chula Vista, California 91911
Phone: (619) 397-6111
Consultant:
Arsalan Dadkhah
D-Max Engineering, Inc.
8380 Miramar Mall, Suite 227
San Diego, California 92121
Phone: (858) 455-9988
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(x) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property.
()
Category No. 3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
()
Category No. 4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
()
Category No. 5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
()
Category No. 6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No. 7. Business positions.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 23
'7- O
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Sub-consultants:
EnviroMatrix Analytical, Inc.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(x) Monthly
( ) Quarterly
( ) Other:
Day of the Period for submission of Consultant's Billing
( ) First of the Month
(x) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 30120-6301
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(x) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(x) Retention Percentage: 10%
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 24
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(x) Other: Delivery and Acceptance of Repons
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 25
ATTACHMENT I TO EXHIBIT A
Table 5 - Primary Dry Weather Monitoring Outfalls
Conveyance
Site I.D. Location Land Use
Configuration
BAY-02 West of the intersection of Palomar Open Channel Commercial
Street and Bay Boulevard
BAY-03 West of the intersection of Ada Street Open Channel Industrial/
and Bay Boulevard Commercial
BLC-01 Chula Vista Municipal Golf Course, Open Channel Residential
north of the intersection of Bonita
Road and Acacia Avenue
BLC-02 Long Canyon Channel, south of Open Gabion Channel Residential
Bonita Road and west of the southem
end of Acacia Avenue
CEN-01 South of "H" Street and east of Open Concrete Channel Commercial
Interstate 5 and Trolley Tracks
CEN-03 South of "J" Street, behind 726 and 48" CMP Residential
728 Colorado Ave.
CEN-04 Memorial Park, west of Third Triple 48" RCP Commercial/
Avenue and north of Park Way Residential
CEN-08 100 feet west of Marina Parkway, Catch Basin Industrial
north of "G" Street
CEN-10 N.W. of the intersection of Hilltop Two 2'x3' Catch Basins Residential
Drive and Whimey Road
JUD-01 South of the intersection of Fresno Two 5'x12' Concrete Box Commercial
Avenue and Main Street Culverts
JUD-02 S.W. comer of Main Street and Reed 48"x34" CMP Industrial
Court
JUD:03 S.W. comer of Main Street and 48"x34" CMP Industrial
Mace Street
OLR-02 South of Chula Vista Municipal Golf Triple 6'x4' Box Culvert Commercial/
Course, north of the Otay Lakes Residential
Road and Bonita Road intersection
OVR-04 South of Main Street, 50 feet east of 48" RCP Industrial
Nirvana Avenue
OVR-07 East of property at 1879 Nirvana Western most pipe, 54" Industrial
Avenue, in City easement at base of CMP
30' slope
OVR-09 South of property at 850 Energy 72" CMP Industrial
Way, in City easement at base of 30'
slope
OVR-10 South end of Brandywine Avenue, 18" RCP outfalls to Otay Commercial
south of Auto Park Drive, at base of River
slope
OVR-11 South of Fuller Ford-Auto Park 18" RCP outfall to Otay Commercial
Field Screenin Agreement: D-Max Engineering, Inc. Page 26
July 10, 2003
Site I.D. Location Conveyance
Land Use
Configuration
Drive. 200 feet west of Brandywine River
Avenue, at base of slope
OVRq3 North end of property at 855 Energy Outfall and Channel Industrial
Way, (access via Otay Landfill on converted to Double
Maxwell Road, take southern most Standpipe Configuration in
dirt road heading east to end) 2001
OVR-14 N.W. of Main Street and Maxwell Manhole Commercial/
Road Industrial
POG-01 South of Main Street, 100 feet east of Concrete Box Culvert Commercial/
Melrose Avenue Residential
POG-02 South end of Eastlake Parkway, near Manhole Residential
entrance to housing tract "Antigua"
(note: outfall changed to manhole due
to construction 1999-2000)
POG4)3 Olympic Parkway, across from Open Channel Residential
Heritage Road, west side of the
bridge
PRD~01 South of Main Street, west of Palm 73"x10' Concrete Culvert Commercial/
Road (note: outfall PRD-03 is at this Residential
location)
PRD-O2 West of Aries Court and 200' south 96" RCP Outfall Residential
of Rienstra Street, inside SDG&E
easement
PRD-03 South of Main Street, west of Palm 24" CMP Commercial/
Road (note: culvert PRD-01 is at this Residential
location)
RCC-O1 S.E. of Bonita Road and 1-805,500' Two 54" RCP Commercial/
south of Bonita Road Residential
RCC4)2 N.W. of Del Rey Boulevard and East 90" RCP Commercial/
"H" Street Residential
RCC-03 Downstream of Discovery Park, 90" CMP Residential
west of Rancho del Rey Parkway
(access via hiking trail)
RCC-04 East "H" Street and Otay Lakes 60" RCP Residential/
Road intersection, west side of Commercial
shopping center, down in the canyon
SCR-02 Salt Creek where it passes under 12'x12' RCB Residential
Otay Lakes Road, east of Hunte
Parkway (North side of street)
SCR-03 Olympic Parkway, about 200' east of Open Channel Residential
Hunte Parkway, on the Salt Creek.
(Note: This part of Olympic Parkway
is under construction)
SUN-02 North of East "H' Street and 30' 48" RCP At Base of Slope Residential
west of SR-125 ROW, at base of
slope
Field Screemng Agreement: D-Max Engineering, Inc. Page 27
July 10, 2003
7--2¢
Conveyance
Site I.D. Location Land Use
Configuration
SUN-03 Chula Vista Municipal Golf Course Open Channel Residential
S.W. of Bonita Road and Central
Avenue
SUN-05 North of East "H" Street and 50' 54" RCP Commercial/
west of SR-125 ROW, at base of Residential
slope
SVS-01 North of the rear parking lot at the 5'x4'x4, RCB Commercial/
Ramada Inn, north of Bonita Road Residential
and Bonita Glen Drive
SVS-02 East of # 65 Flower Street, behind Catch Basin upstream of Residential
units 297 and 320, west of 1-805 42" RCP
SWB-03 West of 2446 Main Street, west of Manhole Industrial/
Jacqua Street Commercial
SWR-04 N.W. of Fifth Avenue and "C" Two 6' x 6' RCB Ouffalls Commercial
Street, south of the Wa/mart parking
TCC-01-1 Telegraph Canyon Channel, east of 84" RCP Industrial
TCC-01-2 "L" Street, and Bay Boulevard,
TCC-01-3 inside Duke Energy Plant (Contact:
TCC-01-4 Tom Lebest for access to plant)
TCC-02 Telegraph Canyon Channel, west of Open Channel Industrial
Hilltop Drive and Telegraph Canyon
Road, at Hilltop Park
TCC-03 Telegraph Canyon Channel, 500' 106" RCP Outfall to Commercial/
west of Eastlake Parkway, and 100' Detention Basin Residential
north of Telegraph Canyon Road,
north of Arco Gas Station
TCC-04 Telegraph Canyon Channel, west of Open Channel Commercial
Third Avenue and south of "L"
Street, under Mobil Gas Station
TCC4)5 Telegraph Canyon Road and Heritage Open Channel Residential
Road/Paseo Ranchero Intersection,
northeast of the intersection
TCC-06 Telegraph Canyon Road/Paseo Del Open Concrete Channel Residential
Ray Intersection, northwest of the
intersection
TCS Moss Street/Trolley RR Intersection, Catch Basin Commercial/
inside property located west of San Residential
Diego Pallet facility
WIL-01 Chula Vista Municipal Golf Course, Open Channel Commercial/
south of Sweetwater Road, 100' east Residential
of Willow Street
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 28
Table 6 - Alternate Dry Weather Monitorin Outfall
Site I.D. Location Conveyance
Land Use
Configuration
BAYq)I West of 1075 Bay Boulevard Double 48" RCP Outfall Commercial
CEN-05 West of Second Avenue between "G" Open Channel Residential
Street and "H' Street
CEN-07 West of Fifth Avenue, between Open Concrete Channel Residential
Center Street and Park Way
MGC-02 West of Chula Vista Municipal Golf 50'x4' Earthen Channel Commercial/
Course, at S.E. corner of Willow Industrial/
Street Bridl~e Residential
OLR-01 South of Chula Vista Municipal Golf 36" RCP on east Wall of Commercial/
Course, north of the Otay Lakes Triple Box Culvert Residential
Road/Bonita Road Intersection
SCR-01 North of Otay Lakes Road and 300' 54" RCP Residential
west of private Otay Ranch Road,
east of Hunte Parkway
SWB-01 West of Frontage Road, 100' south Open Channel Industrial/
of Ada Street, west of I-5 Freeway Commercial/
Residential
SWR-03 S.W. of Fourth Avenue and "C" Two 41"x25" oval CMPs Commercial
Street at southern boundary of
Eucalyptus Park
.WOL-01 East end of Main Street, inside Open Channel Open Space
Hanson Aggregate Plant, on Wolf
Creek
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 29
Table 8 - Laboratory Analytical Methods
Method Detection Maximum Holding
Analyte Analytical Method
Limit Time
Surfactants SM 5540 C 0.5 mg/L 48 hours
(MBAS)
Oil and Grease EPA 413.1 1 mg/L 14 days
Total Hardness SM 2320 A 10 mg/L 14 days
Cadmium EPA 6010, 6020, 5 ug/L 6 months
200.8
Copper EPA 6010, 6020, 5-10 ug/L 6 months
200.8
Lead EPA 6010, 6020, 5-10 ug/L 6 months
200.8
Zinc EPA 6010, 6020, 20 ug/L 6 months
200.8
Diazinon EPA 8140 0.05 ug/L 7 days
Chlorpyrifos EPA 8140 0.05 ug/L 7 days
Total Coliform SM 9221 20 - 160,000 MPN/100 6 hours
ml
Fecal Coliform SM 9221 20 - 160,000 MPN/100 6 hours
mi
Enterococcus SM 9230 20 - 160,000 MPN/100 6 hours
ml
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 31
7
Table 9 - Action Levels for Field screening
Field Screening Anal~ytes Action LevelsI I Source/Notes
pH <6.5 or >9.0 Basin Plan, w/allowance for elevated pH due to excessive
photosynthesis. Elevated pH is especially problematic in
combination with high ammonia.
Orthophosphate-P (mg/L) 2.0 USEPA Multi-sector General Permit
Nitrate-N (mg/L) 10.0 Basin Plan, and drinking water standards
Ammonia-N (mg/L) 1.0 Based on Workgroup experience. May also consider
unionized ammonia ~action.
Turbidity (NTU) Best Professional WQOs relevant to inland surface waters are not available.
Judgment Base judgment on channel type and bottom, time since last
rain, background levels, and most importantly visual
observation (e.g. unusual colors and lack of clarity), and
unusual odors.
Temperature (deg. F or deg. C) ' Best Professional Base judgment on season, air temperature, channel type,
Judgment shading, etc.
Conductivity (umhos/cm) Best Professional Values > 5,000 umhos/cm may indicate IC/ID however; EC
Judgment may be highly elevated in some regions due to high TDS
groundwater exfiltration to surface water, mineral
dissolution, drought, and seawater intrusion. Normal
source 1D and discharge elimination work is not effective in
these situations. Knowledge of area background conditions
is important. Values < 750 may indicate excessive potable
water discharge or flushing.
~ The reference action levels should not be the sole criteria for initiating a source identification investigation. Dry
weather monitoring data should be interpreted using a variety of available information including best professional
judgment and within-site and between-site sample variability.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003,
Page 32
Table 10 - Action Levels for Laborator, Monitori~
LaboratoryAnal~,tes Action Levels~ Source/Notes
MBAS(mg/L) 1.0 Basin Plan, w/allowance based on Workgroup field experience
and possible field reagent interferences
Oil and Grease (rog/L) 15 USEPA Multi-sector General Permit. If petroleum sheen is
observed, the sample should be collected fi.om the water surface.
Visual observations may justify immediate investigation.
Diazinon (ug/L) 0.5 Response to diazinon and chlorpyrifos levels above 0.5 ug/L
should focus on education and outreach to potential dischargers
Chlorpyrifos (ug/L) 0.5 in the target drainage basin. Highly elevated levels should be
investigated aggressively as with other potential lC/IDs.
Dissolved Cadmium (ug/L) California Toxic Use California Toxics Rule Table, I-hour criteria to determine
Rule appropriate action level for individual samples. Table provides
Dissolved Copper(ug/L) California Toxic bench marks based on hardness and dissolved metals
Rule concentxations. For example, at 300 mg/L hardness the
Dissolved Lead (ug/L) California Toxic following action levels would apply: Cd-14 ppb; Cu-38 ppb;
Rule Pb-209 ppb; and Zn~297 ppb.
Dissolved Zinc (ug/L) California Toxic
Rule
Total Coliform (MPN/100 50,000 Action levels are based on upper 90% confidence level of
mis) Copermittees 2002 dry weather analytical monitoring data.
Fecal Coliform (MPD/100 20,000
mis)
Enterococcus (MPN/100 10,000
mis)
~ The reference action levels should not be the sole criteria for initiating a source identification investigation. Dry
weather monitoring data should be interpreted using a variety of available information including best professional
judgment and within-site and between-site sample variability.
Field Screening Agreement: D-Max Engineering, Inc.
July 10, 2003
Page 33
City of Chula Vista
Department of Engineering
Dr)' Weather Field Screening and Analytical
Monitoring Data Sheet
GENERAL CONDITIONS
Light Sunny Overcast Partly Cloudy
Last Rain > 72 hours < 72 hours < 3 hours
Precipitation None < fi.l" > 0.1"
Site ID
Site
Location
TB Page
Date /
Time
Field
Personnel
SITE DESCRIPTION Lat Long
Location
lC/ID Yes: No
Observed Land Use Residential Commercial Industrial Open
Other
Conveyance Type Manhole Ouffall Open Channel Other
Constrnction Concrete Steel Rock,' Rip Rap
Natural Other
DISCHARGE ESTIMATION
Flo',~iug Creek or Box Culvert*
Width fl
Depth fl
Velocity (measttred) IL;sec
F or, cfs
Filling a Bottle
Volume
Time to Fill
Flow
Flow Observed?
Evidence of overland flow near sampling site?
or Known Volume*
sec
cfs
Yes / No ,' Ponded
Yes / No
Flowing Pipe*
Diameter
Depth
Velocity
F
fi/sec
cfs
OBSERVATIONS
Physical
Odor None Rotten Eggs Chemical Sewage Otl~cr
Color None Brown (Silty) White (Milky) Gray Other
Clarity Clear Transparent Slightly Cloudy Opaque Other
Floatables None Trash Bubbles/Foam Oily/Rainbow Od~cr
Deposits None Sediment Colored Oily Other
Biological
Fauna None Insect Benthic Invert Fish Reptile Bh-d Manm~al
Flora None Algae Non-native Wetlm~d Canopy Excess? Yes/No
WATER SAMPLING
Field Screening Sample Colleeted? Yes/No AualyticalLabSan] recollected? Yes/No
Field ..T~aP ............. i ....................... ]~ .......... TDS {calcu at.e) mg/k Ammonia ] mg/k
Screening pit units Conducti,,dty i Iamh°s/cm MBAS (optmnal) i i mD/L
..lsr~!.t.~.,...! ..................... [..~T.~.......D.~)~.t.~ ..................... i ................... i..~5 ............. P~eno~s ] i mg~
D 0 ; I ms./L Co~er i i m~/L ............................................. ~ ......... [ .............
Zinc i [ mg/L Nitrate as NO~
COMMENTS / NOTES
Completed By: Date:
Page 1, Item ~
Meeting Date: 7/08/03
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Resolution of the City Cotmcil of the City of Chula Vista,
California, Acting in Its Capacity as the Legislative Body of Community
Facilities District No. 08-1 (Otay Ranch Village Six) Declaring the Results
of a Special Election in such Comanunity Facilities District.
SUBMITTED BY:
REVIEWED BY:
Ordinance of the City Council of the City of Chula Vista, California,
Amending Ordinance No. 2896 and authorizing the levy of a special tax in
Community Facilities District No. 08-I (Otay Ranch Village Six) pursuant to
a Amended Rate and Method of Apportionment of special tax.
Director of Engineering ~
Director of Finance
City Manager
(4/5ths Vote: Yes__No X )
On May 13, 2003 the City Council declared the intention to consider the proposed modifications to
the Rate and Method of Apportionment (RMA) for Community Facilities District No. 08-I CFD-08-
I) and set the Public Hearings for June 17, 2003. On June 17, 2003 the City conducted a Public
Hearing to consider the approval ora resolution to authorize the modifications to the RMA (Exhibit
1) of CFD-08-I. On June 24, 2003, a special election of eligible property owners was held at the
City Attorney's office for the purpose of voting on the proposed modifications to the RMA of' CFD-
08-1.
Tonight's action will continue the formal proceedings by (a), certifying the election results
authorizing the modifications to the RMA and (b) introducing and waiving the first reading of the
Ordinance authorizing the levy of special taxes, pursuant to the Amended RMA which will amend
and supercede the provisions of Ordinance No. 2896 for CFD-08-I.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
Approve the Resolution declaring the results of a special election in such Community
Facilities District to consider the modifications to the RMA for CFD-08-I.
Introduce the First Reading of the Ordinance, authorizing the levy of a special tax,
pursuant to the Amended RMA of such Community Facilities District.
DISCUSSION:
Page 2, Item
Meeting Date: 7/08/03
Background
As noted above, on June 17, 2003, the City Council held a Public Hearing pertaining to the
modifications to the RMA for CFD-08-I. The City Council opened the Public Hearing and no one
spoke either for or against the modifications to the District. The Public Hearing was closed and
Council approved the proceedings. The City Council adopted one resolution that night which
authorized the modifications to the RMA for CFD-08-I, made preliminary findings, passed upon the
protests, approved the change and modifications of proceedings, and authorized the submittal to the
qualified electors for the proceedings within CFD-08-I of a ballot measure to authorize such
modifications to the RMA. The Public Hearing was held pursuant to the provisions of the "Mello-
Roos Community Facilities Act of 1982" which allows for such modifications to CFD's.
On June 24, 2003, in the City Attorney's office, the City Clerk, acting as the election official,
conducted a special election and the qualified electors of CFD-08-I i.e., the owners of land within
CFD-08-I, voted upon the measures to authorize the modifications for the RMA CFD-08-I. The City
Clerk and the Special Tax Consultant presided over the proceedings, verified the eligible voters,
signatures, and presented the election ballots. The results of the special election shows 100% of the
votes were cast in favor of authorizing the modifications to the RMA for CFD-084.
The Resolution/Ordinance
There is one Resolution and one Ordinance on today's agenda, which, if adopted, will
accomplish the following:
A)
RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR
Community Facilities District No 08-I (Otay Ranch Village Six) and perform the
following:
Certify the election results
13)
The ORDINANCE is the first reading of an Ordinance by the City Council acting as the
legislative body of CFD-08-I authorizing the levy of a special tax in CFD-08-I pursuant to
the Amended RMA and will amend and supereede those provisions of Ordinance No. 2896
of such CFD.
Notice
The property owners within the District were notified of the election and voting procedures and
the election took place on June 24, 2003 in the City Attorney's office. The summary of the
Ordinance has been prepared by the City Clerk and will be published in an adjudicated
newspaper of general circulation between the first and second reading of the Ordinance for
CFD-08-I.
Future Actions
On July 15, 2003 the City Clerk shall place the second reading on the City Council's agenda and
upon approval the City Clerk will then cause the publication of a summary of the Ordinance in an
Page 3, Item
Meeting Date: 7/08/03
adjudicated newspaper of general circulation. It is anticipated that in September or October
2003, the City Council will consider the formal actions approving the necessary bond documents
pertaining to CFD-08-I. These documents will be the Preliminary Official Statement, Bond
Indenture, Market Absorption Analysis, Appraisal, and other pertinent documents related to the
bond sale.
FISCAL IMPACT: There will be no direct fiscal impact to the City. The developer will pay all of
the RMA modification proceedings costs and has deposited money to fund initial consultant and
City costs in accordance with the approved Reimbursement Agreement.
Attachment: Amended Rate and Method of Apportionment for CFD-08-I
J:\Engineer~AGENDAXCAS 74)84)3 .doc
AMENDED
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08-I
(Otay Ranch Village Six)
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. 08-I (Otay Ranch
Village Six) 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", "Undeveloped Property", and "Provisional Undeveloped Property" as
described below. All of the Taxable Property in CFD-08-I, 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:
"'A' Map" shall mean a master final subdivision or parcel map, filed in accordance with
the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land
or a portion thereof shown on a tentative map into "super block" lots corresponding to
units or phasing of a combination of units as shown on such tentative map and which may
further show open space lot dedications, backbone street dedications and utility easements
required to serve such "super block" lots.
"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 land area. 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 Fees and Expenses" means the actual or reasonably estimated costs
directly related to the administration of CFD-08-I 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 Indentttre; the costs to the
City, CFD-08-I, or any designee thereof of complying with arbitrage rebate requirements;
the costs to the City, CFD-08-I, or any designee thereof of providing continuing disclosure;
the costs associated with preparing Special Tax disclosure statements and responding to
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02,Revised April 18, 2003
Page 1
public inquiries regarding the Special Taxes; the costs of the City, CFD-08-I, or any
designee thereof related to any appeal of the levy or application of the Special Tax; and the
costs associated with the release of funds from an escrow account, if any. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD-08-I, for
any other administrative purposes of CFD-08-I, including, but not limited to attorney's fees
and other costs related to commencing and pursuing to completion any foreclosure on an
Assessor's Parcel with 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 designating
parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property as determined in accordance with Section C.l.a.
"Available Funds" means (a) 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, (b)
delinquent Special Tax payments not required to fund the Special Tax Requirement for any
preceding Fiscal Year,(c) that portion of Special Tax prepayments allocated to the payment
of interest on Bonds, and (d) other sources of fimds ~vailable as a credit to the Special Tax
Requirement as specified in such Indenture. ~
"Backup Special Tax" means the 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 or incurred by CFD-08-I under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and
ending on September 1st in the following year, unless defined otherwise in the applicable
Indenture.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD-08-I" means City of Chula Vista Community Facilities District No. 08-1.
"City" means the City of Chula Vista.
"Community Purpose Facility Property" means all Assessor's Parcels which are (a)
classified as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a community
purpose facility.
City of Chula Vista
Community Facilities District No. 08-I
Otay Ranch Village Six
11-25-02 ,Revised April 18, 2003
Page 2
"Council" means the City Council of the City, acting as the legislative body of CFD-08-I.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued prior to March 1 of the prior Fiscal Year
in which the Special Tax is being levied.
"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, public or utility easements in accordance with section E. 1.
"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.
"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. 1.a.
"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.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined
in accordance with the provisions of Section C, which may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property, for
which a building permit(s) was issued for a non-residential use, excluding Community
Purpose Facility Property.
"Open Space" means property within the boundaries of CFD 08-I which (a) has been
designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map
as open space, (b) is classified by the County Assessor as open space (c) has been
irrevocably offered for dedication as open space, prior to June 1st of the preceding Fiscal
Year, to the federal government, the State of California, the County, the City, any other
public agency or (d) is encumbered by an easement or other restriction required by the
City limiting the use of such property to open space.
city of Chula tam
Community Facilities District No. 08-1
Ota? Ranch Village Six
11-25-02 ,Revised April 18, 2003
Page 3
"Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD-08-I which is (a) owned by a property owner association or (b) is designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property
owner association property. As used in this definition, a Property Owner Association
Property includes 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 Backup Special Tax is equal for all Assessors' Parcels
of Developed Property within CFD-08-I. For Undeveloped Property or Provisional
Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax
levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's
Parcels of Undeveloped Property and equal for all Assessor's Parcels of Provisional
Undeveloped Property within CFD-08-I.
"Provisional Undeveloped Property" means all Assessor's Parcels of Public Property,
Property Owner Association Property, Community Purpose Facility Property, Open Space
or other property that would otherwise be classified as Exempt Property pursuant to the
provisions of Section E, but cannot be classified as Exempt Property because to do so
would reduce the Acreage of all Taxable Property below the required minimum acreage as
set forth in Section E. 1 for Zone A or Zone B as applicable.
"Public Property" means any property within the boundaries of CFD-08-1 that which (a)
is owned by a public agency, (b) has been irrevocably offered for dedication, prior to June
1st of the preceding Fiscal Year, to a public agency or (c) is designated with specific
boundaries and acreage on an 'A' Map or Final Subdivision Map as property which will
be owned by a public agency. For purposes of this definition, a public agency includes the
federal government, the State of California, the County, the City or any other public
agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall
be made by the CFD Administrator by reference to appropriate records kept by the City's
Building Department. Residential Floor Area for a residential structure will be based on
the initial 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.
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised /lpril 18, 2003
Page 4
"Special Tax Requirement" means that amount of Special Tax revenue required in any
Fiscal Year for CFD-08-I to: (i) pay annual debt service on all Outstanding Bonds 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; (iii) pay
Administrative Fees and 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-08-I provided that the inclusion of such amount does not cause an
increase in the levy of Special Tax on the Undeveloped Property; (vi) less 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-08-I 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 A" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
"Zone B" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD-08-I shall be (a)
categorized as being located in either Zone A or Zone B, (b) classified as Developed
Property, Undeveloped Property or Provisional Undeveloped Property and (c) subject to
the levy of annual Special Taxes determined pursuant to Sections C and D. Furthermore,
all Developed Property shall then be classified as Residential Property or Non-Residential
Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Non-Residential Property shall be the greater of (1) the Assigned Special
Tax described in Table 1 which follows or (2) the Backup Special Tax computed
pursuant to lb. which follows.
City of Chula Vista
Community Facilities District No. 08-I
Otay Ranch Village Six
11-25-02 ,Revised Apri118, 2003
Page 5
a. Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property within Zone A and Zone B:
Land Use
Class Description Assigned Special Tax
1 $800 per trait plus $.35 per square foot of
Residential Property Residential Floor Area
2 Non-Residential $6,000 per Acre
Property
b. Backup Special Tax
When a Final Subdivision Map is recorded within Zone A or Zone B the Backap
Special Tax for Residential Property, Non-Residential Property and Undeveloped
Property shall be determined as follows:
For each Assessor's Parcel of Residential Property or Undeveloped Property to be
classified as Residential Properly upon its development within the Final Subdivision
Map area, the Backup Special Tax shall bc the rate per Lot calculated according to
the following formula:
Zone A
$ 16,858x A
L
Zone B
$ 26,445 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.
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised Aprd 18, 2003
Page 6
For each Assessor's Parcel of Non-Residential Property or Undeveloped Property
to bc classified as Non-Residential Property upon the development thereof within the
Final Subdivision Map area, the Backup Special Tax shall be detcmxined by
multiplying $16,858 for Zone A and $26,445 for Zone B by the total Acreage of all
Non-Residential Property and Undeveloped Property to be classified as Non-
Residential Property upon the development thereof within the Final Subdivision Map
area.
Notwithstanding the foregoing if an Assessor's Parcel of Residential Property, Non-
Residential 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 Parcel shall be recalculated to equal the amount of Backup Special Tax
that would have been generated if such change did not take place.
Undeveloped Property and Provisional Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped
Property or Provisional Undeveloped Property shall be $16,858 per Acre for Zone A
and $26,445 per Acre for Zone B.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Developed Property within
Zone A and Zone B 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 all
Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum
Annual Special Tax for Undeveloped Property. In determining the Acreage of an
Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special
Tax to be levied on such Assessor's Parcel, the CFD Administrator shall not include any
Acreage shown on any applicable tentative subdivision map or other land use entitlement
approved by the City that designates such Acreage for a use that would be classified as
Open Space, Property Owner Association Property, Community Purpose Facility or Public
Property.
City of Chula Vista
Community Facilities District No. 08-I
Otay Ranch Village Six
11-25-02 ,Revised,~pril 18, 2003
Page 7
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 fi.om the Assigned Special
Tax up to the Maximum Annual Special Tax for each such Developed Property..
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 all Provisional Undeveloped Property at a rate up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Notwithstanding the above, under no cimumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as
a consequence of delinquency or default in the payment of Special Taxes by the owner of
any other Taxable Property.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: (i)
. Public Property, (ii) Property Owner Association Property, (iii) Community
Purpose Facility Property, (iv) Open Space and (v) 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 40.98 Acres in Zone A
and 42.43 Acres in Zone B. Property which cannot be classified as Exempt
Property because such classification would reduce the Acreage of all Taxable
Property to less than 40.98 Acres in Zone A and 42.43 Acres in ZoneB will be
classified as Provisional Undeveloped Property and shall be taxed pursuant to the
fourth step of Section D. Tax exempt status for purposes of this paragraph will be
assigned by the CFD Administrator in the chronological order in which property
becomes Exempt Property.
The Maximum Annual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but
which is classified as Provisional Undeveloped Property pursuant to paragraph 1
of Section E shall be prepaid in full by the seller pursuant to Section H. 1, prior to
the transfer/dedication of such property to such public agency. Until the
Maximum Annual Special Tax obligation for any such Public Property is prepaid,
the property shall continue to be subject to the levy of the Special Tax as
Provisional Undeveloped Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such
Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1
that would make such Assessor's Parcel eligible to be classified as Exempt
Property, such Assessor's Parcel shall cease to be classified as Exempt Property
and shall be deemed to be Taxable Property.
CiO, of Chula Vista
Community Facilities District No. 08-I
Otay Ranch Village Six
11-25-02,Revised April 18, 2003
Page 8
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such
error. If following such consultation, the CFD Administrator determines that an error has
occurred the CFD Administrator may amend the amount of the Special Tax levied on such
Assessor's Parcel. If following such consultation and action (if any by the CFD
Administrator), the landowner or resident believes such error still exists, such person may
file a written notice with the City Clerk of the City appealing the amount of the Special Tax
levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall
forward a copy of such notice to the City Manager who shall establish as part of the
proceedings and administration of CFD-08-I a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee
shall interpret this Rate and Method of Apportionment and make determinations relative to
the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review/Appeal Committee shall be final and binding
as to all persons.
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-08-I, 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-08-I.
"CFD Public Facilities Costs" means either $20 million, or such lower number as shall
be determined either by (a) thc CFD Administrator as anfficicnt 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 Amended Rate and Method of
Apportionment.
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised April 18, 2003
Page 9
"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) fi.om 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 Provisional Undeveloped Property. The Maximum
Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid
and the obligation of such 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, which can be collected prior to preparing
such calculation.
The prepayment amount shall be calculated as summarized below (capitalized terms as
defined below):
Bond Redemption Amount
plus
plus
plus
plus
less
less
Total: equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Prepayment Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment .Amount
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
/,3
11-25-02 ,Revised April 18, 2003
Page 10
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Step No.:
For Developed Property, compute the Maximum Annual Special Tax for the
Assessor's Parcel to be prepaid. For 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 Provisional
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
such Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped
Property.
Divide the Maximum Annual Special Tax computed pursuant to step 1 by the sum of
the total expected Maximum Annual Special Tax revenues which may be levied
within CFD-08-I excluding any Assessor's Parcels for which the Maximum Annual
Special Tax obligation has been previously prepaid.
Multiply the quotient computed pursuant to step 2 by the principal amount of the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
Multiply the Bond Redemption Amount computed pursuant to step 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 CFD-08-I have not been issued, compute
the Future Facilities Costs.
Multiply the quotient computed pursuant to step 2 by the amount if any, determined
pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to
such Assessor's Parcel (the "Future Facilities Amount'S.
Compute the amount needed to pay interest on the Bond Redemption Amount fi.om
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.
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-08-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
City of Chula Vista
Community Facilities District No. 08-1
Ota? Ranch Village Six
11-25-02 ,Revised~4pril 18, 2003
Pa~,e 1 l
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 steps 7 and 9 and subtract the amount
computed pursuant to step 11 (the "Defeasance Amount").
13.
The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (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
step 2 by the expected balance in the capitalized interest fired after such first interest
payment (the "Capitalized Interest Credit").
15.
The Maximum Annual Special Tax prepayment is equal to the sam of the amounts
computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to
steps 13 and 14 (the "Prepayment Amount").
16.
From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 13,
and 14 shall be deposited into the appropriate fund as established under the Indenture
and be used to retire Outstanding Bonds or make debt service payments. The amount
computed pursuant to step 10 shall be retained by CFD-08-I. The amount computed
pursuant to step 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 step 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.
Community Facilities District No. 08-1
Ota? Ranch Village Six
1-25-02 ,Revised April l 8, 2003
Page 12
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
CFD-08-I, both prior to and after the proposed prepayment is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds.
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 =(PExF)+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees
and Expenses determined pursuant to step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Prepayment Fees and Expenses determined pursuant to step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to step 16 of Section H. 1, and (ii) indicate in the records
of CFD-08-I 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.
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 2039-2040 Fiscal Year.
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Villa~,e S£~
ll-25-02,Rev~edAp~ll& 2003
Page 13
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. 08-I (OTAY RANCH
VILLAGE SIX) DECLARING THE RESULTS OF A SPECIAL ELECTION IN
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 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 shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 08-I (OTAY RANCH VILLAGE SIX) (the "District"); and,
WHEREAS, the qualified electors of the District, voting in a special election held on
June 24, 2003, approved the authorization to levy special taxes within the District (the rate and
method of apportionment of special taxes (hereafter the "Existing RMA); and
WHEREAS subsequent to the formation of the District and such election to levy special
taxes, Otay Project L.P., the master developer of property within the District, requested that the
City Council, acting as legislative body of the District, initiate proceedings to modify the
Existing RMA and;
WHEREAS, this City Council did initiate such proceedings and did call for and order to
be held an election to submit to the qualified electors within the District a proposition relating to
the proposed modification of the Existing RMA; 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
desirs to declare the results of the election in accordance with the provisions of the Elections
Code of the State of California. and '
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 08-I (OTAY PROJECT VILLAGE SIX), 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,
1
acting in her capacity as the Election official, said Statement setting forth the measure voted
upon, and the number of votes given for and/or against the measure voted upon. A copy of said
Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so
incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
SECTION 4. This City Council hereby orders that the District is authorized to levy a
special tax pursuant to the modified rate and method of apportionment as set forth in Resolution
No. 2003-184 for the purposes of financing the Special tax Requirement as defined in such
modified rate and method of apportionment..
PREPARED BY:
Clifford Swanson
Director of Engineering
APPROVED AS TO FORM BY:
~°~ey (x,.~) (~ ~-'~'~'
J:\Engineer\AGENDA\Resos\Res Declm Election Results, 7-8-03.doc
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. 08-I (OTAY PROJECT VILLAGE SIX)
SPECIAL ELECTION
in said City, held June 24, 2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in such
Community Facilities District, and the whole number of votes cast for the Measure in such Community
Facilities District, 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 this
day of _, 2003.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ORDiNANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING ORDINANCE NO. 2896 AND AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT
NO. 08-I (OTAY RANCH VILLAGE SIX) 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 community facilities district, all as authorized pursuant
to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being
Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the
"Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Chula Vista under Sections 3, 5. and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be
referred to collectively as the "Community Facilities District Law"). This Community Facilities
District is designated as COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY RANCH
VILLAGE SIX) (the '~District"); and
WHEREAS, the City Council, acting as the legislative body of the District, previously
enacted Ordinance No. 2896 to authorize the levy of special taxes within the District pursuant to
the rate and method of apportionment thereof approved by the qualified electors of the District;
and
WHEREAS, the City Council, has initiated proceedings, held a public hearing, conducted
an election and received a favorable vote from the qualified electors of the District 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. 08-I (Otay Ranch Village Six), 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 the District pursuant to the Revised Rate
and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Revised Rate and Method").
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied within the
District for the then current tax year or future tax years; provided, however, the special tax to be
levied in the District 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 The District, 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 The District shall be secured
by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of
the State of California, which lien shall be a continuing lien and shall secure each levy of the
special tax. The lien of the special tax shall continue in force and effect until the special tax
obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of
the Government Code of the State of California or until the special tax ceases to be levied by the
City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall, upon becoming effective, amend and supercede any
and all provisions of Ordinance No. 2896 pertaining to the authorization to levy special taxes
within the District.
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;
PREPARED BY:
APPROVED AS TO FORM BY:
Clifford Swanson
Director of Engineering
J:Attomcy\Reso\Ord\CFD 08-17 08 03
EXHIBIT A
REVISED
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08-I,
(OTAY RANCH VILLAGE SIX)
City of Chula l/ista
Community Facilities District No. 08-1
Ora? Ranch gillage Six
Page B - I
AMENDED
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 08-I
(Otay Ranch Village Six)
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. 08-I (Otay Ranch
Village Six) 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", '~Undeveloped Property", and "Provisional Undeveloped Property" as
described below. All of the Taxable Property in CFD-08-I, 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. DE~NITIONS
The terms hereinafter set forth have the following meaning:
"'A' Map" shall mean a master final subdivision or parcel map, filed in accordance with
the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land
or a portion thereof shown on a tentative map into "super block" lots corresponding to
units or phasing ora combination of units as shown on such tentative map and which may
further show open space lot dedications, backbone street dedications and utility easements
required to serve such "super block" lots.
"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 land area. 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 Fees and Expenses" means the actual or reasonably estimated costs
directly related to the administration of CFD-08-I 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-08-I, or any designee thereof of complying with arbitrage rebate requirements;
the costs to the City, CFD-08~I, or any designee thereof of providing continuing disclosure;
the costs associated with preparing Special Tax disclosure statements and responding to
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised .4pri118, 2003
Page I
public inquiries regarding the Special Taxes; the costs of the City, CFD-08-I, or any
designee thereof related to any appeal of the levy or application of the Special Tax; and the
costs associated with the release of funds fxom an escrow account, if any. Administrative
Expenses shall also include mounts estimated or advanced by the City or CFD-08-I, for
any other administrative purposes of CFD-08-I, including, but not limited to attorney's fees
and other costs related to commencing and pursu'mg to completion any foreclosure on an
Assessor's Parcel with 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 designating
parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property as determined in accordance with Section C.l.a.
"Available Funds" means (a) 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, Co)
delinquent Special Tax payments not required to fund the Special Tax Requirement for any
preceding Fiscal Year,(c) that portion of Special Tax prepayments allocated to the payment
of interest on Bonds, and (d) other sources of funds ~vailable as a credit to the Special Tax
Requirement as specified in such Indenture. '
"Backup Special Tax" means the 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 or incurred by CFD-08-I under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and
ending on September 1st in the following year, unless defined otherwise in the applicable
Indenture.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD-08-I' means City of Chula Vista Community Facilities District No. 08-I.
"City" means the City of Chula Vista.
"Community Purpose Facility Property" means all Assessor's Parcels which are (a)
classified as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2002-2883 as amended on November 5, 2002 or Co) designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a community
purpose facility.
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised April 18, 2003
Page 2
"Council" means the City Council of the City, acting as the legislative body of CFD-08-I.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building pemait for new construction was issued prior to March 1 of the prior Fiscal Year
in which the Special Tax is being levied.
"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, public or utility easements in accordance with section E. 1.
"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.
"Indenture" means the indenture, fiscal agent agreement, trust agreemem, 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.l.a.
"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.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined
in accordance with the provisions of Section C, which may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property, for
which a building permit(s) was issued for a non-residential use, excluding Community
Purpose Facility Property.
"Open Space" means property within the boundaries of CFD 08-1 which (a) has been
designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map
as open space, (b) is classified by the County Assessor as open space (c) has been
irrevocably offered for dedication as open space, prior to June 1st of the preceding Fiscal
Year, to the federal government, the State of California, the County, the City, any other
public agency or (d) is encumbered by an easement or other restriction required by the
City limiting the use of such property to open space.
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised~4pril 18, 2003
Page 3
"Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD-08-I which is (a) owned by a property owner association or (b) is designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property
owner association property. As used in this definition, a Property Owner Association
Property includes 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 Backup Special Tax is equal for all Assessors' Parcels
of Developed Property within CFD-08-I. For Undeveloped Property or Provisional
Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax
levy per Acre to the Maxlinum Annual Special Tax per Acre is equal for all Assessor's
Parcels of Undeveloped Property and equal for all Assessor's Parcels of Provisional
Undeveloped Property within CFD-08-I.
"Provisional Undeveloped Property" means all Assessor's Parcels of Public Property,
Property Owner Association Property, Community Purpose Facility Property, Open Space
or other property that would otherwise be classified as Exempt Property pursuant to the
provisions of Section E, but cannot be classified as Exempt Property because to do so
would reduce the Acreage of all Taxable Property below the required minimum acreage as
set forth in Section E.1 for Zone A or Zone B as applicable.
"Public Property" means any property within the boundaries of CFD-08-1 that which (a)
is owned by a public agency, (b) has been irrevocably offered for dedication, prior to June
1st of the preceding Fiscal Year, to a public agency or (c) is designated with specific
boundaries and acreage on an 'A' Map or Final Subdivision Map as property which will
be owned by a public agency. For purposes of this definition, a public agency includes the
federal government, the State of California, the County, the City or any other public
agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall
be made by the CFD Administrator by reference to appropriate records kept by the City's
Building Department. Residential Floor Area for a residential structure will be based on
the initial 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.
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised April 18, 2003
Page 4
"Special Tax Requirement" means that amount of Special Tax revenue required in any
Fiscal Year for CFD-08-I to: (i) pay annual debt service on all Outstanding Bonds 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; (iii) pay
Administrative Fees and 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-08-I provided that the inclusion of such amount does not cause an
increase ia the levy of Special Tax on the Undeveloped Property; (vi) less 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-08-I 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 A" means a specific geographic area as depicted in Exhibits A and B
attached hereto.
"Zone B' means a specific geographic area as depicted in Exhibits A and B
attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD-08-I shall be (a)
categorized as being located in either Zone A or Zone B, (b) classified as Developed
Property, Undeveloped Property or Provisional Undeveloped Property and (c) subject to
the levy of annual Special Taxes determined pursuant to Sections C and D. Furthermore,
all Developed Property shall then be classified as Residential Property or Non-Residential
Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Non-Residential Property shall be the greater of (1) the Assigned Special
Tax described in Table 1 which follows or (2) the Backup Special Tax computed
pursuant to lb. which follows.
City of Chula Vista
11-25-02,Revised ~tpril 18, 2003
Community Facili~'es District No. 08-I
Otay Ranch Village Six
Page 5
a. Assigned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property within Zone A and Zone B:
Land Use
Class Description Assigned Special Tax
1 Residential Property $800 per unit plus $.35 per square foot of
Residential Floor Area
2 Non-Residential $6,000 per Acre
Property
b. Backup Special Tax
When a Final Subdivision Map is recorded within Zone A or Zone B the Backup
Special Tax for Residential Property, Non-Residential Property and Undeveloped
Property shall be determined as follows:
For each Assessor's Parcel of Residential Property or Undeveloped Property to be
classified as Residential Property upon its development within the Final Subdivision
Map area, the Backup Special Tax shall be the rate per Lot calculated according to
the following formula:
Zone A
$ 16,858xA
L
Zone B
$ 26,445 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.
City of Chula Vista
Community Facilities District No. 08-1
Ota? Ranch Village Six
-25-02,Revised April 18, 2003
Page 6
For each Assessor's Parcel of Non-Residential Property or Undeveloped Property
to be classified as Non-Residential Property upon the development thereof within the
Final Subdivision Map area, the Backup Special Tax shall be determined by
multiplying $16,858 for Zone A and $26,445 for Zone B by the total Acreage of all
Non-Residential Property and Undeveloped Property to be classified as Non-
Residential Property upon the development thcrenfwitlxin the Final Subdivision Map
area.
Notwithstanding the foregoing if an Assessor's Parcel of Residential Property, Non-
Residential 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 Parcel shall be recalculated to equal the amount of Backup Special Tax
that would have been generated if such change did not take place.
Undeveloped Property and Provisional Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped
Property or Provisional Undeveloped Property shall be $16,858 per Acre for Zone A
and $26,445 per Acre for Zone B.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Developed Property within
Zone A and Zone B 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 all
Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum
Annual Special Tax for Undeveloped Property. In determining the Acreage of an
Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special
Tax to be levied on such Assessor's Parcel, the CFD Administrator shall not include any
Acreage shown on any applicable tentative subdivision map or other land use entitlement
approved by the City that designates such Acreage for a use that would be classified as
Open Space, Property Owner Association Property, Community Purpose Facility or Public
Property.
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25~02 ,Revised Apri118, 2003
Page 7
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 fi.om the Assigned Special
Tax up to the Maximum Annual Special Tax for each such Developed Property..
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 all Provisional Undeveloped Property 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 pement per year as
a consequence of delinquency or default in the payment of Special Taxes by the owner of
any other Taxable Property.
E. EXEMPTIONS
The CFD Administrator shall classify the following as Exempt Property: (i)
Public Property, (ii) Property Owner Association Property, (iii) Community
Purpose Facility Property, (iv) Open Space and (v) 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 40.98 Acres in Zone A
and 42.43 Acres in Zone B. Property which cannot be classified as Exempt
Property because such classification would reduce the Acreage of all Taxable
Property to less than 40.98 Acres in Zone A and 42.43 Acres in Zone B will be
classified as Provisional Undeveloped Property and shall be taxed pursuant to the
fourth step of Section D. Tax exempt status for purposes of this paragraph will be
assigned by the CFD Administrator in the chronological order in which property
becomes Exempt Property.
The Maximmn 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 is classified as Provisional Undeveloped Property pursuant to paragraph 1
of Section E shall be prepaid in full by the seller pursuant to Section H.1, prior to
the transfer/dedication of such property to such public agency. Until the
Maximum 2~nual Special Tax obligation for any such Public Property is prepaid,
the property shall continue to be subject to the levy of the Special Tax as
Provisional Undeveloped Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such
Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1
that would make such Assessor's Parcel eligible to be classified as Exempt
Property, such Assessor's Parcel shall cease to be classified as Exempt Property
and shall be deemed to be Taxable Property.
City of Chula Vista
Community Faciliffes District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised ,~pril 18, 2003
Page 8
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error shall first consult with the CFI) 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-08-I a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee
shall interpret this Rate and Method of Apportionment and make determinations relative to
the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review/Appeal Committee shall be final and binding
as to all persons.
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-08-I, may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of
Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"CFI) Public Facilities" means those public facilities authorized to be financed by
CFD-08-I.
"CFI) Public Facilities Costs" means either $20 million, or such lower number as shall
be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public
Facilities, or Co) the Council concurrently with a covenant that it will not issue any more
Bonds to be secured by Special Taxes levied under this Amended Rate and Method of
Apportionment.
City of Chula Vista
Community Facilities District No. 08~I
Otay Ranch Village Six
11-25-02 ,Revised April 18, 2003
Page 9
"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" meann 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 Co) the amount of
the proceeds of all previously issued Bonds then on deposit in the Construction Fund.
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanemly
satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Provisional Undeveloped Property. The Maximum
Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid
and the obligation of such Assessor's Parcel to pay the Special Tax permanently satisfied as
described here'm; 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, which can be collected prior to preparing
such calculation.
The prepayment amount shall be calculated as summarized below (capitalized terms as
defined below):
Total:
Bond Redemption Amount
plus
plus
plus
plus
less
less
equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Prepayment Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
City of Chula Vista
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised Apri118, 2003
Page 10
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Step No.:
For Developed Property, compute the Maximum Annual Special Tax for the
Assessor's Parcel to be prepaid. For 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 Provisional
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
such Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped
Property.
Divide the Maximum Annual Special Tax computed pursuant to step 1 by the sum of
the total expected Maximum Annual Special Tax revenues which may be levied
within CFD-08-I excluding any Assessor's Parcels for which the Maximum Annual
Special Tax obligation has been previously prepaid.
Multiply the quotient computed pursuant to step 2 by the principal amount of the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
Multiply the Bond Redemption Amount computed pursuant to step 3 by the
applicable redemption premium on the next possible Bond call date, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
If all the Bonds authorized to be issued for CFD-08-I have not been issued, compute
the Future Facilities Costs.
Multiply the quotient computed pursuant to step 2 by the amount if any, determined
pursuant to step 5 to compute the amount of Furore Facilities Costs to be allocated to
such Assessor's Parcel (the "Future Facilities Amount'S.
Compute the amouat needed to pay interest on the Bond Redemption Amount fi-om
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.
Determ/ne 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-08-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 fxom the proceeds of such prepayment, and the cost of
City of Chula Vista
Community Facilities District No. 08-I
Otay Ranch Village Six
11-25-02,Revised April 18, 2003
Page 11
recording any notices to evidence the prepayment and the redemption (the
"Prepayment Fees and Expenses")
11.
Compute the mount the CFD Administrator reasonably expects to derive fi.om the
reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as
determined pursuant to step 10, f!om 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 steps 7 and 9 and subtract the amount
computed pursuant to step 11 (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 fi.om the balance in the reserve fired 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
step 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 steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to
steps 13 and 14 (the "Prepayment Amounf').
16.
From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 13,
and 14 shall be deposited into the appropriate fund as established under the Indenture
and be used to retire Outstanding Bonds or make debt service payments. The amount
computed pursuant to step 10 shall be retained by CFD-08-I. The amount computed
pursuant to step 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 step 9 above, the CFD Administrator shall remove the current Fiscal Year's Special
Tax levy for such Assessor's Parcel fi-om the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease.
Community Facilities District No. 08-1
Otay Ranch Village Six
11-25-02 ,Revised April 18, 2003
Pa~e 12
Notwithstanding the foregoing, no Special Tax prepaymem shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD-08-I, both prior to and after the proposed prepayment is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds.
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.I, except that a partial prepayment shall be calculated according to the following
formula:
PP = (PE x F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H. 1, minus Prepayment Fees
and Expenses determined pursuant to step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Prepayment Fees and Expenses determined pursuant to step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to step 16 of Section H.1, and (ii) indicate in the records
of CFD-08-I that there has been a partial prepayment of the Maximin Annual Special Tax
and that a portion of the Maximin 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 2039-2040 Fiscal Year.
City of Chula Vista
11-25-02 ,Revised Apri118, 2003
Community Facilities District No. 08-1 ~ ~
Otay Ranch Village Six Pa~e 13
COUNCIL AGENDA STATEMENT
Item c5~
Meeting Date: 7/8/03
ITEM TITLE:
Resolution Accepting Bids and Awarding Contract for the
"Drainage Improvements, Oxford Street between First Avenue and Second
Avenue in the City of Chula Vista, CA (DR-931)" Project.
SUBMITTED BY: Director of Engineerings. l/
REVIEWED BY: Ci Manager~ -/~t
ty ~ ?e 01 (4/5ths Vote: Yes_No 2~)
At 2:00 p.m. on May 28, 2003, in Conference Room 2 and 3, the Director of Engineering received
sealed bids for the "Drainage Improvements, Oxford Street between First Avenue and Second
Avenue in the City of Chula Vista, CA (DR-931)" Project. The general scope of the project
involves the drainage improvements on Oxford Street. The work to be done includes removal and
disposal of existing improvements, excavation and grading, trenching, installation of asphalt
concrete pavement, installation of storm drain pipes, installation of inlet, cleanout and catch basin,
protection and restoration of existing improvements and traffic control. The work also includes all
labor, material, equipment, tools, transportation, mobilization, and other miscellaneous work
necessary to construct the project as shown on the plans and specifications.
RECOMMENDATION: That Council Accept Bids and Award the Contract for the "Drainage
Improvements, Oxford Street between First Avenue and Second Avenue in the City of Chula Vista,
CA (DR-931)" Project to Jimenez Inc. DBA MJC Construction, in the amount of $129,320.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project provides for the construction of drainage improvements between First Avenue and
Second Avenue connecting to an existing box culvert on Oxford Street east of Alpine Avenue.
Improvements include 850 feet of 18-inch reinfomed concrete pipe, catch basin, inlets and cleanouts.
There are no existing drainage facilities in this area of Oxford Street. Since some private homes
north of Oxford Street are lower than the street pavement elevation along Elm Avenue and Alpine
Avenue, they are subject to flooding during moderate and heavy rainfalls, and constructing this
project will help eliminate the problem.
Engineering staffprepared plans, specifications, and advertised the project. Plans were purchased by
eleven Contractors. Staff received and opened bids on May 28, 2003.
The City received bids fi.om eight contractors as follows:
CONTRACTOR
I. Jimenez Inc. DBA MJC Construction - Chula Vista,
BID AMOUNT
$129,320.00
Page 2,
Meeting Date 7/8/03
CONTRACTOR BID AMOUNT
2. Bert W. Salas - Santee, California $142,460.00
3. Tri-Group Construction - Poway, California $157,870.00
4. FilMex Inc.DBA Metropolitan Construction - Spring $165,200.00
Valley, California
5. Arrieta Construction - El Cajon, California $168,377.60
6. Heftier Company, Inc.-National City, California $178,250.00
7. Rutledge, Inc. -Lemon Grove, California $194,995.00
8. Zondiros Corp. - San Diego, California $195,505.00
The low bid by Jimenez Inc. DBA MJC Construction is below the Engineer's estimate of
$163,925.00 by $34,605.00 or approximately 21%. Staff's bid estimate was based on average prices
for similar type of work completed during the last two years. Engineering staff checked the
references provided by the contractor. All references were verified and the Contractor's work has
been satisfactory. Staff has reviewed the low bid and recommends awarding the contract to Jimenez
Inc. DBA MJC Construction of Chula Vista, California.
Contract Amount Revision
The contract documents allow the City to decrease or increase the unit quantity without a change
in the contract unit price bid by the Contractor.
Disadvantaged Business Enterprise Goal
The bid documents set forth participation requirements per Federal Regulation for meeting the
disadvantaged and women-owned business goals. Judith Atwood, Community Development
Specialist, has reviewed the bid documents submitted by the three (3) bidders. Her conclusion is
that the prime contractor, Jimenez Inc. DBA MJC Construction represents a Minority Business
Enterprise contractor, that in itself satisfies the MBE requirements. (See Attachment A).
Staff also reviewed Jimenez Inc. DBA MJC Construction eligibility status with regard to federal
procurement programs and the status of the State contractor's licenses. Jimenez Inc. DBA MJC
Construction is not listed as excluded from Federal Procurement Programs (list of parties
excluded from Federal procurement or non-procurement programs as of May 30, 2003).
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment B.
Page 3, __
Meeting Date 7/8/03
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under Section 15303 Class 3(d) (New Construction) of the
California Environmental Quality Act.
Prevailing Wage Statement
The source of funding for this project is Community Development Block Grant funds (CDBG).
Based on the current project funding guidelines, the Contractor is obligated to meet the prevailing
wage requirements which were included as part of the bid documents for this project. Prevailing
wage scales are those determined by the U.S. Department of Labor.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $129,320.00
B. Water Facilities (payment to Sweetwater Authority) $9,550.00
B. Contingencies (approximately 10%) $13,000.00
C. StaffCosts (Design, Survey & Inspection) $36,205.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $188,075.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. CDBG (CIP# 2651931333) $188,075.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $188,075.00
Upon completion of the project, the improvements will require only routine City drainage
maintenance.
Attachments:
A Minority Business Enterprise Review
- ConU:actor s Disclosure Statement
File No. 0735-10-DR-931
J:\Engineer~AGENDA\DR931 -A 113CM.doc
O4UI. A VISI'A
Community Development Department
City Of Chula V*~a
276 Fourth Avenue
Chula Vista, Ca 91910
619.58~.5722 - 619..585.,56~8 Fax
jatwood ~ci.ch ula-vist a .ca.us
MEMO
TO:
FROM:
RE:
Thursday, June 12, 2003
JIM HOLMES, CML ENGINEER, DESIGN SECTION
JUDITH ATWOOD, SENIOR COMMUNITY DEVELOPMENT SPECIALIST
MBE/WBE for DR 931 CDBG Drainage improvements, Oxford $l~eet From First
Avenue to Second Avenue
I have reviewed the bid proposal from MJC Construction for the CDBG Drainage
Improvement DR 931 program. Since MJC represents a Minority Business Enterprise
contractor, that in itself satisfies the MBE requirement.
Please call me at extension 5036 if you have any questions.
ATTACHMENT A
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 1014) 1, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
If any person* identified pursuant to ( 1 ) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee Or beneficiary or tmstor of
the trust.
Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No ~_
46
JAEngineerXDESIGN~R931XDR-931 Contract.doc (5~ _~ _. /kTT/kCHNEIqT B
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No~'~Yes __ If yes, which Council member?
Have you provided more than $340 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) month~ ~Yhis includes being a source of income, money to retire
a legal debt, gift, loan, etc.) Yes No/~
If Yes, which official** and what was the nature of item provided?
Signature of Con~'actor/Applicant ~
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other pohtical subdivision, -or any other group or combination acting
unit. as a
Offimal includes, but ts not lumted to: Mayor, Councd member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staffmembers.
J:~Engineer~DESIGN~R93 IXDR-931 Contract.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "DRAINAGE IMPROVEMENTS,
OXFORD STREET BETWEEN FIRST AVENUE AND SECOND
AVENUE IN THE CITY OF CHULA VISTA, CA (DR-931)"
PROJECT.
WHEREAS, on Wednesday, May 28, 2003 the Director of Engineering received
the following eight sealed bids for the "Drainage Improvements, Oxford Street between First
Avenue and Second Avenue in the City of Chula Vista, CA (DR-931)" project:
CONTRACTOR BID AMOUNT
1. Jimencz Inc. DBA MJC Construction-
Chula Vista, CA $129,320.00
2. Bert W. Salas- Santee, CA $142,460.00
3. Tri-Group Construction - Poway, CA $157,870.00
4. FilMex Inc. DBA Metropolitan
Construction - Spring Valley, CA $165,200.00
5. Arrieta Construction - El Cajon, CA $168,377.60
6. Heftier Company, Inc. - National City,
CA $178,250.00
7. Rutledge, Inc. - Lemon Grove, CA $194,995.00
8. Zondrios Corp. - San Diego, CA $195,505.00
WHEREAS, the Iow bid from Jimenez Inc. DBA MJC Construction is below the
Engineer's estimate of $163,925.00 by $ 34,605.00 or approximately 21%; and
WHEREAS, Engineering staff checked all references provided by the contractor
and their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and is recommending awarding the contract
to Jimenez Inc. DBA MJC Construction of Chula Vista, California.
WHEREAS, bid documents set forth participation requirements per Federal
Regulation for meeting the disadvantaged and women-owned business goals; and
WHEREAS, staff has reviewed the bid documents submitted by the three (3)
lowest bidders; and
WHEREAS, the prime contractor, Jimenez Inc DBA MJC Construction represents
a Minority Business Enterprise contractor, that in itself satisfies the MBE requirements; and
WHEREAS, the Environmental Review Coordinator has reviewed the work
involved in this project and has determined that the project is exempt under Section 15303, Class
3 (d) (New Construction) of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula
Vista does hereby accept the bids and award the contract for the "Drainage Improvements, Oxford
Street between First Avenue and Second Avenue in the City of Chula Vista, CA (DR-931)' to
Jimenez Inc. DBA MJC Construction, in the amount of $129,320.00.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authohzed to execute said contract on behalf of the City of Chula Vista.
Presented by
Clifford Swanson
Director of Engineering
Approved as to form by
· ~y AMt~o°rrneey /~
J :/attomey/reso/Bid/Drainage Improvements
COUNCIL AGENDA STATEMENT
Meeting Date: 7/8/03
ITEM TITLE:
A) Resolution Approving the first amendment to the "A" Map
Supplemental Subdivision Improvement Agreement for Chula Vista Tract
No. 01-11, Otay Ranch Village 11, and authorizing the Mayor to execute said
first amendment.
B) Resolution Approving the Final Map of Chula Vista Tract
No. 01-11 A, Otay Ranch Village 11, Neighborhood R-4; accepting on behalf
of the City of Chula Vista the various public streets and easements as granted
on said map; approving the Subdivision Improvement Agreement and
authorizing the Mayor to execute said Agreement.
C) Resolution Approving the Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 01-1 lA, Otay Ranch
Village 11, Neighborhood R-4 and authorizing the Mayor to execute said
Agreement
D) Resolution Approving the Grant of Easements and
Maintenance Agreement for Otay Ranch Village 11, Neighborhood R-4,
establishing specific obligations and responsibilities for maintenance of
private facilities within the public right-of-way and authorizing the Mayor to
execute said agreement.
SUBMITTED BY: Director of Engineering ~
REVIEWED BY: City Manage (4/Sths Vote: Yes No X )
Tonight Council will consider a subdivision of Otay Ranch Village 11, Neighborhood R-4, the first
final "B" map for Otay Ranch Village 11. Neighborhood R-4 consists of 55 Single family detached
lots and 4 Home Owner's Association maintained open space lots.
RECOMMFNDATION: That Council adopt the resolufious approvipg:
(A) the first amendment to the "A" Map Supplemental Subdivision
Improvement Agreement,
(B) the Final Map and Subdivision Improvement Agreement,
(C) the Supplemental Subdivision Improvement Agreement,
(D) the Grant of Easements and Maintenance Agreement.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
Page 2, Item /0
Meeting Date: 7/8/03
DISCUSSION:
Otay Ranch Village 11, with the marketing name of"Windingwalk" is generally located south of
Eastlake Greens (Exhibit 1). The tentative ma¢ (Chula Vista Tract No. 01-11 A) was ao~roved on
October 23, 2001 by Resolution 2001-364, and revised on May 27, 2003 by Resolution 2003-23 I.
On March 4, 2003 by Resolution 2003-075 Council also approved the Supplemental Subdivision
Improvement Agreement (SSIA) for the first "A" Map of Village 11. Condition 109 of this
agreement stated that the developer was not able to receive a building permit prior to the City's
acceptance of the Salt Creek Trunk Sewer. The amendment to the "A" Map Supplemental
Subdivision Improvement Agreement before Council tonight would require the developer not to
seek final inspection until the Salt Creek trunk sewer has been accepted by the City and is able to
receive sewage flows. Since it takes approximately three months to construct a home and there is
approximately three months of work left to complete the Salt Creek sewer, Staff feels it is prudent to
allow the construction of dwellings as long as the developer agrees not to request final inspection
until the Salt Creek sewer main is complete.
The Final Map for Neighborhood R-4 (Exhibit 2) and associated agreements are also before Council
for consideration and approval.
The Final Map
The final map has been reviewed by the Engineering Department and Department of Planning &
Building and found to be in substantial conformance with the amended Tentative Map. The
amended Tentative Map, as relates to Neighborhood R~4, increased the residential lots fi:om 54 to 55,
as given in Table 1.
Table 1. Lotting Summary
Number of
Residential Number of Open Total Lots
Final Map Lots Space Lots Total Acreage
Otay Ranch Village
11, Neighborhood R-4 55 4 59 l 1.793 acres
The Homeowners' Association will maintain the open space lots, however, the City has the ability to
accept the irrevocable offer of dedication of all open space lots per Section 7050 of the Government
Code of the State of California.
Approval of the final map constitutes acceptance of the following public streets: · Hiker's Trail Drive
· Hikers Trail Way
· Copper Penny Drive
The tentative map conditions of approval require the developer to construct the internal Village 11
connection across the County Water Authority and SDG&E easements with a cumulative 533 DU
Page3, Item /~)
Meeting Date: 7/8/03
contained 295 condo units, the approval of this project will bring Village 11 to 350 fmal mapped
units. Neither the mapped based traffic thresholds nor the building permit based thresholds for
Village 11 will be triggered with the approval of this project.
Subdivision hnprowment Agreement (SIA)
The SIA for the map outlines the developer's requirements to construct the internal subdivision
improvements and subdivision survey monumentation. The developer has bonded for these
improvements in accordance with the Mtmicipal Code.
Grant of Easements and Maintenance A~reement
The grant of easements and maintenance agreement sets forth the developer's obligation to
maintain landscaping in the public right of way. The obligation will be assigned to the
homeowner's association (HOA) after the landscaping has been established and turned over to
the HOA to maintain.
Parks
The Developer (Brookfield Shea Otay, LLC) has provided an Irrevocable Offer of Dedication of
Fee Interest for the land acquisition obligation for Community Park, Lot "J" within Otay Ranch
Village 11 "A" Map No. 1. No PAD fees have been collected with this Map since the developer
has a PAD fee credit associated with the design work for the Village 11 Neighborhood Park.
FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the
developer's deposits.
Attachments:
1. Plat for Otay Ranch Village 11,
2. Plat for Otay Ranch Village 11, Neighborhood R-4
3. Developer's Disclosure Statement
J:\Engineer\LANDDEV~Proj ects\Otay Ranch Village 11 ~R4\OR~608F CAS3.doc
ATTACHMENT_ /
Otay Ranch Village 11
R-23
R-24
R-25
R~20
R-22
$-1
EasaaKe Greens
R-lB
$-2
R-2
R-g
Brook/leld Shea Otay, LLC
ATTACHMENT.
CHULA VISTA TRACT NO. 01-11
0TAY RANCH
VILLAGE 11 NEIGHBORHOOD R-4
R-7
HUNSAKER
& ASSOCIATES
SAN DIE ~ O, IN C
PLANNING ~0179 Huennekem Street
R4 CITY OVERLAY - W.O 61-372
200 400
SCALE 1"= 200'
600
City of Chula Vista Disclosure Statement
A*Fr'ACHMEN"t
Pursuant to Council Policy 101-01, prior to any action upon matters that will reqmre discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
If any person identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of
the trust..
Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Has any person* associated with this contract had any financial dealings with an official** of the City
of Chula Vista as it relates to this contract within the past 12 months? Yes No ~
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
l
Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No ~ Yes __ If yes, which Council member?
Have you provided more than $340 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a
legal debt, gift, loan, etc.) Yes No X~
If Yes, which official** and what was the nature of item provided.
Signa~ture of Contractor/Applicant
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
Official includes, but is not limited to: Mayor, Council member, Planning Cormmssioner, Member of a
board, commission, or committee of the City, employee, or staffmembers.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENTS TO
IHE "A M~I~ ~Ut~PLLMEN 1 AL ~ UI~DI ¥1SIL)N
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
NO. 01-11, OTAY RANCH VILLAGE 11 AND AUTHORIZING
THE MAYOR TO EXECUTE SAID FIRST AMENDMENT
WHEREAS, on March 4, 2003 by Resolution 2003-075 Council also approved the
Supplemental Subdivision Improvement Agreement (SSIA) for the first "A" Map of Village 11; and
WHEREAS, Condition 109 of this agreements stated that the developer was not able
to receive a building permit prior to the City's acceptance of the Salt Creek Trunk Sewer; and
WHEREAS, the amendment to the "A" Map Supplemental Subdivision Improvement
Agreement would require the developer not to seek final inspection until the Salt Creek Trunk Sewer
has been accepted by the City and is able to receive sewage flows; and
WHEREAS, staff feels it is prudent to allow the construction of dwellings as long as
the developer agrees not to request final inspection until the Salt Creek sewer main is complete.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the First Amendment to the "A" Map Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 01 - 11, McMillin Otay Ranch Village l 1, a copy
of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said First Amendment on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Clifford Swanson
Director of Enginccring
J:\ATTO RN EY\RESO\SSIA\cvt 01-11 "A" MAP
Ann IVl~~' r~/
City Attorney
TIIE ATTACiiED ~:,GF, ZEMEN7 HAS BEEN KEV iEW mD
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FOPuMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
a/Ann Moore
City Attorney
Dated:
FirstAmendment to the "A" Map Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 01-i1,
0tay Ranch Village 11
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for. Recorder's Use
OR-603F
FIRST AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT
FOR OTAY RANCH VILLAGE ELEVEN,
CHULA VISTA TRACT NO. 01-11
This first amendment to the Supplemental Subdivision
Improvement Agreement ("Agreement") is made this day of
, 2003, by and between THE CITY OF CHULA VISTA,
California ("City" for recording purposes only) and the
signatories to this Agreement, BROOKFIELD SPIEA OTAY, LLC, a
California Limited Liability Corporation ("Developer" or "Owner"),
with reference to the facts set forth below, which recitals
constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes of this Agreement the term
"Project" shall also mean "Property".
B. "O~rner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
I0
parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor zn interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract 01-11 ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of the
Property.
D. The City has adopted Resolution No. 2001-364
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
E. The City has adopted Resolution Number 2003-075
approving the "Supplemental Subdivision Improvement Agreement for
Otay Ranch Village Eleven, Chula Vista Tract number 01-1t"
(~Original Agreement") and is desirous of amending said
Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree to delete
Section 43 of the Original Agreement and substitute in its place
and stead the following new Section 43.as set forth below:
I. 43. Condition No. 109 (Salt Creek Sewer).
In partial satisfaction of Condition No. 109 of the
Resolution, Developer agrees to not seek final
inspection for any building permits for the Project
until Salt Creek Trunk Sewer Improvements has been
provided for as indicated in the report entitled
"Overview of Sewer Service for Village Eleven SPA at
the Otay Ranch Project" (Village Eleven SPA Sewer
Report) prepared by Wilson Engineering dated March,
2001, or as amended by the Applicant and approved by
the Director of Engineering.
II. Previous Agreement.
Except as expressly provided herein all other provisions
the Original Agreement shall remain in full force and effect.
of
III. Buildlng Permits.
Developer and Guest Builders understand and agree that the
City may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in
breach of any of the terms of this First Amendment and Original
ID -I {
Agreement. The City shall provide the Developer of notice of
such determination m'ld allow the Developer with reasonable time
IV. Miscella-~eous.
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 Engineering
DEVELOPER:
Brookfield Shea 0ray, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
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.
[NEXT PA~E IS PA~E ONE OF TWO SIGNATURE PA~ES]
[PAGE ONE OF '~NO S~GNATURE PAGES TO THE FIRST AMENDMENT TO THE
SUPP?.m~]~NTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH
VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Steve Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIG%~ATURE PAGES]
[PAGE TWO OF TWO SIGNATUR~ PAGES .TO THE FIRST AMENDMENT TO THE
IMPROVEMENT AGREEMENT FOR OTAY I~%NCH VILLAGE ELEVEN, CHULA VISTA
TRACT NO. 01-11]
DEVELOPERS / OWNERS:
BROOKFIELD SHEA OTA¥, LLC, a California Limited Liability Company
By: Brookfield 0tay LLC,
a Delawa~ Limite~ Liability Company, Memb~;r
By: Shea Otay village 11, a California Limited Liability
Company, Member
By:
By:
Partner
Name: ~ g-~/(~¢-~, ~¢.~, ~C. Naive:
Shea Homes Limited Partnership, a California Limited
Partnership, its Sole Member
LLC, a Delaware limite liability company~
J.F. Shea ~5~x/~4.~xy4~x~x~{~F~H~, its General
(Attach Notary Acknowledgment)
5
· CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ State of California / ~ '
On '~7-~[~.~ /~,~00-~ beforeme, ~'1~/~
personally appeared
~.~personally to me
known
[] proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)As/am
subscribed to the within instrument and
acknowledged to me that.-he,~he/they executed
the same in hi~/~er/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Signa~g et Notary Public
OPTIONAL
Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: //~T ~7~/L,.AjD/v/~j.j-7~ ~ ~ ~1~. -~g~- /ff/~, ~'~'~-
Document Date: Numberof Pages: '~
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual
[] Corporate Officer -- Title(s):
? Partner-- ~ Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of ~humb here
State of California
County of San Diego
On June 17, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and
Cynthia Roush, personally known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same in their authorized capacity, and
that by their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
Not'-~r~Public in a~or ~'g~unty and State
Document Name:
First Amendment to the Supplemental Subdivision Improvement Agreement
- The t~emainder of this Page is Blank-
EXHIBIT "A"
PROPERTY DESCRIPTION
Lots 1 through 9 together with Lots A through J of Chula Vista
Tract No. 01-11, Otay Ranch Village 11 "A" Map No. 1 in the City
of Chula Vista, County of San Diego, State of California,
according to Map thereof No. , Field in the Office of
the County Recorder of San Diego County on , 2003 as
File No. of Official Records.
RESOLUTION 2003-
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-
1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-4;
,~,~z., ~,~,o BEst~, ok Tile ~,i ~ OF CHULA VISTA THE
VARIOUS PUBLIC STREETS AND EASEMENTS AS GRANTED ON
SAID MAP; APPROViNG THE SUBDIVISION IMPROVEMENT
AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
WHEREAS, Developer has submitted for approval a final map for Village 11,
Neighborhood R-4 and has executed a Subdivision Improvement Agreement for
constructibn of subdivision improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 01-
11, Village 1 lA Neighorhood R-4, particularly described as follows:
Lot 7 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No. 1, in
the City of Chula Vista, County of San Diego, State of California according to
map thereof No. 14559 filed in the office of the County Recorder of San Diego
County, on March 17, 2003.
Area: 11.793 Acres
Numbered Lots: 55
No. of Lots: 59
Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to the surrounding
surveys; and that said map and subdivision of land shown thereon is hereby approved and
accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the
public the following streets: Hikers Trail Drive, Hikers Trail Way and Copper Penny
Drive all as shown on Village 11 Neighborhood R-4 map within said subdivision.
BE IT FURTHER RESOLVED, that said Council hereby accepts the easement,
landscape buffer and sidewalk, and wall easement all as shown on Village l l
Neighborhood R-4 map within said subdivision
BE IT FURTHER RESOLVED, that said Council hereby acknowledges on behalf
of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A'
through "D" for open space and other public purposes ail as shown on Otay Ranch
Village 11, Neighborhood R-4 map within said subdivision.
BE IT FURTHER RESOLVED, that the City Clerk of the City of Chula Vista is
hereby authorized and directed to endorse upon said map the action of said Council; that
said Council has approved said subdivision map, and that those certain streets and
easements as granted Village 11 Neighborhood R-4 map within said subdivision are
accepted on behalf of the City of Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
/0-47
BE IT FURTHER RESOLVED that that certain Subdivision Improvement
Agreement dated July 8, 2003 for the completion of improvements in said subdivision, a
copy of which is on file in the Office of the Citv Clerk i~ hereby ?rmroved.
BE 1T FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said agreements for and on behalf of the City
of Chula Vista.
PRESENTED BY:
Clifford Swanson
Director of Engineering
J:Attomcy\Reso\Maps\reso-r-4 final map
APPROVED AS TO FORM:
City Attorney
i~li_
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: '7~ 2_.._ _(_~ ~
Subdivision Improvement Agreement approving the Final Map for Chula
Vista Trach No. 01~llA, Otay Ranch Village 11, Neighborhood R-4
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
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",
BROOKFIELD SHEA OTAY, LLC, a California limited liability company, located at 12865
Pointe Del Mar, Suite 200, Del Mar, CA 92014, hereinafter called "Subdivider" with reference to
the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-4 (CVT 01-1lA) 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 AStomey; and
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 AND Revised on May 26, 2003 pursuant to Resolution No. 2003-231
(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. 02159-01 through 02159-07, inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
FIVE HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED FOURTEEN
DOLLARS AND NO CENTS ($575,714.00).
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, a~ees 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, ali 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 ycithin 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 hnprovement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
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 a~ees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of TWO
HUNDRED EIGHTY-SlOVEN THOUSAND EIGHT HUNDRED FIFTY-SEVEN DOLLARS
AND NO CENTS ($287,857.00) which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider fnrther agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of TWO
HUNDRED EIGHTY-SEVEN EIGHT HUNDRED FIFTY-SEVEN DOLLARS AND NO
CENTS ~$287,857.00) to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached hereto, marked Exhibit "B"
and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part
hereof.
8. Subdivider further agrees to fnrnish 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 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 pan 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 imlSrovement
security.
-3-
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
liable for the payment of any sum or sums for said work or any materials furmshed therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
!ts agents or. employees in the performance of this agreement, and that upon acceptance of the .
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall bxtend to damages to adjacent or downstream properties or the taking of property from
~wners 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
-4-
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, 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 Govermment Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
-. SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-4
(CVT 01-I lA)
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
Steve Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
(Attach Notary Acknowledgment)
-6-
Signature Block
DEVELOPERS/OWNERS:
By: Brookfield Otay LLC,
a Delaware Limited,/Liability Company, Member
By: Shea Otay Village 11, a California Limited Liability
Company, Member
By:
By:
Par~.,r By:
Name: ~c~vx ~. ~% Name:
Shea Homes Limited Partnership, a California Limited
Partnership, its Sole Member
LLC , a Delaware limited l&ability ¢omp~y~
J.F. Shea ~%~tq~xx!~t~~~ its General
(Attach Notary Acknowledgment)
C:\Docmnents and Settings\dianec\Local Settings\Temporary [ntemet File'2\OLK862\OR-608F S[A Memo to Attorney doc
m
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ State of California '~
On .~/d~. )/,, ~0~ beforeme, /~?~i/~ ~([~E~, ~L~#~L-IE~Z-
personally appeared C~?-.] g.3, A-~H,~ /~0 -.~r~F~'~3LJ '~'~ {~Y~
~personally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)--is/are
subscribed to the within instrument and
acknowledged to me that~c/ch~they executed
the same in -his/her~their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~E~21VISJ~O ]~f',
Document Date: Number of Pagos:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual
[] Corporate Officer -- Title(s):
L~ Partner--~ Limited LJ General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
State of California )
County of gan Diego )
On June 17, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and
Cynthia Roush, personally known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same in.their authorized capacity, and
that by their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
Not~b~c i'n an~ s~W ~d State
Document Name:
Subdivision Improvement Agreement
- The Remainder of this Page is Blank -
LIST OF EXHIBITS
Exhibit "A"
Exhibit "B"
Exhibit "C"
Improvement Security - Faithful Performance
Form: Bond
Amount: $287,857.00
hnprovement Security - Material and Labor:
Fom~: Bond
Amount: $287,857.00
Improvement Security - Monuments:
Form: Bond
Amount: $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 Agreement.
J:\Attorney\SlA\OtayRanchVillage 11 R-4
-7-
RESOLUTION 2003-
APPROViNG THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. O1-
ii/L, G'i~'~ iG~NCii VILLAGE ii, ~£iGi~I~OOD ~-4 ~
AUTHORIZiNG THE MAYOR TO EXECUTE SAiD AGREEMENT
WHEREAS, the developer has executed a Supplemental Subdivision
Improvement Agreement to satisfy remaining conditions of Resolutions 2003-231.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 01-1lA, Otay Ranch Village 11, Neighborhood R-4, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said agreement for and on behalf of the City of
Chula Vista.
PRESENTED BY:
APPROVED AS TO FORM:
Clifford Swanson
Director of Engineering
City Attorney
J:Attorney\Reso\ssiah-eso-r4-2
TI I~, ATTACHED AGREEMENT HAs is EEi'~ t~z viB kY ED
AND APPROVED AS TO FORzM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ff~TA~n Moore
City Attorney
Dated:
Supplemental Subdivision Improvement Agreement for Chula Vista
Tract No. 01-1lA, Otay Ranch Village 11, Neighborhood R-4
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG THE GRANT OF EASEMENTS
AND MAINTENANCE AGILEEMENT FOR O'IAY RANCH
VILLAGE l 1, NEIGBORHOOD R-4, ESTABLISHING SPECIFIC
OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE
OF PRIVATE FACILITIES WITHIN PUBLIC RIGHT-OF-WAY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the Grant of Easements and Maintenance Agreement for Otay Ranch
Village 11, Neighborhood R-4, sets forth the developer's obligation to maintain landscaping in the
public right of way; and
WHEREAS, the obligation will be assigned to the homeowner's association (HOA)
after the maintenance of landscaping has been established and turned over to the HOA to maintain;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Grant of Easements and Maintenance Agreement for the grant of
easements and maintenance for Otay Ranch, Village 11, Neighborhood R-4, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Clifford Swanson
Director of Engineering
City Attorney
JSattomey\reso\Otay Ranch Village I I
TJ_J.E ATT£1CHED AGPuEEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED L?PON APPROVAL BY
THE CITY COUNCIL
City Attorney
Dated:
· Grant of Easements and Maintenance Agreement for Otay Ranch Village 11
Neighborhood R-4
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
~i~y or Ci~uia
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency for less
than a fee interest for which no cash
consideration has been paid or received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 0'1-11 OTAY RANCH VILLAGE 11
NEIGHBORHOOD R-4, Map No.
MAGNOLIA AT WINDINGWALK
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement")
is made as of ,2003, by and between the CITY OF CHULA
VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OTAY LLC, a California
limited liability company ("Developer").
RECITALS
A. This Agreement concerns and affects certain improvements within portions
of the real property located in Chula Vista, California, more particularly described in Exhibit
"A" attached hereto and incorporated herein ("Property"). The Property is part of a planned
residential development project commonly known as "Windingwalk", Chula Vista Tract No.
01-11, being the subject of the City Council Resolution No. 2001-364 (the"City Resolution").
For purposes of this Agreement, the term "Project" shall refer to the overall Windingwalk
project, including, but not limited to the "Property."
B. Developer is the "Declarant" as defined in that certain Master Declaration of
Restrictions For Windingwalk Master Association filed for record in the Official Records of
San Diego County, California (the "Master Declaration"). The Master Declaration provides
-1-
061800-0148 97168,2
for WINDINGWALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit
Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more
sub-associations may be formed ("SHOA") for a particular project(s) within Windingwalk,
the purposes of which would include the maintenance of certain amenities within the project
that a Guest Builder construct and market homes in the Project. The term "Guest Builder"
as used in this Agreement shall have the same definition as is set forth in the Master
Declaration.
C. The Property is or will become covered by the final map (the "Final Map")
described on Exhibit "A" attached hereto and referenced in ~he title to this Agreement.
D. In order for Developer to obtain the Final Map and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and
Developer and/or a Guest Builder entered into a Supplemental Subdivision Improvement
Agreement pursuant to the City Resolution, in which Developer and/or a Guest Builder agreed
that maintenance of such areas shall be accomplished by the creation of a home owners
association. Exhibit "B" attached hereto describes those particular areas which were
dedicated to the public on the Final Map but which include landscaping and drainage
improvements to be maintained by the MHOA. The public areas to be maintained by the
MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The Citydesires to grant to Developer easements for landscape maintenance
purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit
"B" in order to facilitate the obligations of Developer as set forth in Supplemental Subdivision
Improvement Agreement, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as set forth below.
1. Grant of Easements, The City hereby grants to Developer and its agents,
successors and assigns, the following easements over the MHOA Maintained Public Areas:
Non-exclusive easements and rights-of-way over and across those public rights of way
described on Exhibit "B" for the purpose of maintaining, repairing and replacing the
following: the landscaping within portions of parkways as shown and described on Exhibit
"B" attached hereto. These grants are made without any warranties of any kind, express
or implied, other than the warranty stated in Paragraph 13(f) below.
2, Maintenance Responsibilities.
(a) Developer to Initially Maintain. Developer hereby covenants and
agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be
maintained, repaired or replaced, those improvements within the MHOA Maintained
Public Areas which are described on Exhibit "C" attached hereto, at a level equal
-2-
061800-0148 97168.2
to or better than the level of maintenance set forth in the Section of the Master
Declaration entitled "Level of Landscape Maintenance". For purposes of this
Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair
and replacement obligations described herein and on Exhibit "C" hereto and shall
that is damaged during performance of the maintenance responsibilities pursuant
to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the
City.
(b) Transfer to Guest Builder. Developer shall have the right to transfer
its rights and obligations hereunder to a Guest Builder. Upon such transfer (i) the
Guest Builder shall become obligated to perform the obligations so transferred, and
(ii) Developer shall be released from such obligation. From and after any such transfer,
which shall be by written instrument, a copy of which shall be delivered to the City,
the term "Developer" as used in this Agreement shall refer to the Guest Builder
transferee and not to BROOKFIELD SHEA OTAY LLC.
(c) Transfer to MHOA. Upon transfer of maintenance obligations to the
MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Paragraph 3 below
have been satisfied, Developer shall be released from such obligation. Transfer of
maintenance obligations to the MHOA may be phased (that is, there may be multiple
transfers) each covering a portion of MHOA Maintained Public Areas described on
Exhibit "B".
(d) Transfer By MHOA. The MHOA shall have the right to transfer
Maintenance obligations to a sub-association ("SHOA") or to the owner of an
apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance
obligations to a Transferee, (I) the Transferee shall become obligated to perform the
obligations so transferred, (ii) the MHOA shall retain the right to perform the
Maintenance should the Transferee fail to do so, and (iii)the MHOA shall be released
from the obligations so transferred subject to the City determining that the requirements
of Paragraph 4 below have been satisfied. Although it is possible that Maintenance
obligations might be transferred to an apartment owner, Developer does not believe
it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assignment by Developer and Release of Developer
(a) Assignment. Upon Developer's transfer of the Maintenance obligations
to the MHOA, it is intended by the parties that the MHOA shall perform the
Maintenance obligations either itself or by contractors. Such transfer will release
Developer from its obligations only if all of the following occur:
-3-
061800-0148 97168.2
(i) MHOA Accepts Obliqation. The MHOA has unconditionally
accepted and assumed all of Developer's obligations under this Agreement
in writing, such assignment provides that the burden of this Agreement remains
a covenant running with the land, and the assignee expressly assumes the
have been approved by the appropriate governing body of the MHOA by
resolution or similar procedural method and approved as to form and content
by the City Attorney. The City shall not unreasonably withhold its consent to
such assignment.
(ii) MHOA's Master Declaration. The City has reviewed and approved
the MHOA's recorded Master Declaration to confirm that said document
contains appropriate maintenance, indemnity and insurance provisions. The
City hereby acknowledges that it has so approved the Master Declaration.
This condition "(ii)" will apply to any further amendments.which require City's
consent pursuant to provisions of the Master Declaration or which would be
contrary to the terms of this Agreement.
(iii) MHOA Insurance. The MHOA procures and formally resolves
to maintain at its sole cost and expense, commencing no later than the City's
release of all of Developer's landscape maintenance bonds, a policy of public
liability insurance which at least meets the requirements of Section 5.1 (a)
of the Master Declaration which reads as follows:
(a)
General Liability Insurance. The Master
Association shall obtain a comprehensive general
liability and property damage insurance policy
insuring the Master Association and the Owners
against liability incident to ownership or use of the
MasterAssociation Property (including all private
open space lots and other Master Association
Property). The limits of such insurance shall not
be less than $3 Million covering all claims for
dsath, personal injury and property damage arising
out of a single occurrence. The insurer issuing
such insurance shall have rating byA.M. Best of
"A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance
Guide. Such insurance shall includethe following
additional provisions provided they are available
on a commercially reasonable basis:
The City of Chula Vista shall be named as
an additionally insured party to such
-4-
061800-0148 97168.2
insurance pursuant to the City's
requirements the Master Association do so;
(ii)
The policy shall not contain a cross-suit
coverage should litigation ensue between
insureds; and
(iii)
The policy shall contain the
following severability clause (or
language which is substantiallythe
same): "The coverage shall apply
separately to each insured except
with respect to the limits of liability."
This Section 5,1(a) may not be amended without the written
consent of the City Planning Director or City Attorney.
The MHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled,
Developer shall be released from its obligations under this Agreement, including its
security and insurance requirements. Developer acknowledges that it has a contractual
obligation to perform the terms and conditions of this Agreement until and unless
released by the City from this Agreement. At least sixty (60) days prior to such transfer,
Developer shall give a notice to the City of Developer's intent to transfer its
Maintenance obligations herein and provide the Citywith the appropriate documents
listed in Paragraph 3(a).
4. Assiqnment by MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations
to a Transferee, it is intended by the parties that the Transferee shall perform the
Maintenance obligations either itself or by contractors. Such transfer will release the
MHOA from its obligations only if all of the following occur:
(i) Transferee Accepts Obliqation. The Transferee has
unconditionally accepted and assumed all of the MHOA's obligations under
this Agreement in writing, such assignment provides that the burden of this
Agreement remains a covenant running with the land, and the assignee
expressly assumes the obligations of the M HOA under this Agreement. If the
Transferee is an SHOA, the assignment shall also have been approved by
the appropriate governing body of the SHOA by resolution or similar procedural
-5-
061800-0148 97168.2
method and approved as to form and content by the City Attorney. The City
shall not unreasonably withho d its consent to such assignment.
(ii) SHOA's Declaration of Restrictions. If the Transferee is an
of Restrictions to confirm that said document contains appropriate maintenance
and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves
to Maintain at its sole cost and expense, a policy of public liability insurance
which meets the requirements set forth in Paragraph 3 (a) (iii) above. The
SHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled,
the MHOA shall be released from its obligations under this Agreement, including its
security and insurance requirements. At least sixty (60) days prior to such transfer,
MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance
obligations herein and provide the City with the appropriate documents listed in
Paragraph 4(a).
5. Developer's Insurance. Until such time as the MHOA has obtained the general
liability insurance required by Section 5.1 (a) of the Master Declaration, Developer hereby
agrees to procure and maintain a policy of comprehensive general liability insurance written
on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000)
combined single limit, at its sole cost and expense.
6. Indemnity. Developer and MHOA, respectively shall indemnify and hold the
City, its officers, agents and employees harmless from any liability, cost or expense, including
reasonably incurred attorneys' fees, which result from Developer's orthe MHOA's respective
failure to comply with their respective obligations under this Agreement. Neither Developer
nor the MHOA shall have any liability under this Section by reason of (I) the other party's
failure to maintain or (ii) any Transferee's failure to maintain.
7. Indemnity If Transferee. The document whereby the MHOA transfers a
Maintenance obligation to an SHOA or apartment owner shall be signed by both the MHOA
and the Transferee and shall set forth an express assumption of Maintenance and other
obligations hereunder and shall include the following indemnification provision:
Indemnity. The [Transferee's name] shall indemnify and hold the City,
its officers, agents and employees, harmless from any liability, cost or expense,
including reasonably incurred attorneys' fees, which result from the Transferee's
failure to comply with the requirements of the obligations transferred hereby
to Transferee. Transferee shall not have any liability under this Indemnity by
-6-
061500-0148 97168,2
reason of another party's failure to maintain. It is specifically intended that the
City shall have the right to enfome this Indemnity. This Indemnity may not be
amended without the written consent of the City Planning Director or City
Attorney.
8. Agreement Applicable to Subsequent Owners.
(a) Agreement Binding Upon Any Successive Parties. ThisAgreement
shall be binding upon Developer and any successive Developer owner of the Property.
This Agreement shall be binding upon MHOA and any Transferees upon transfer
of maintenance obligations to the MHOA orTransferee, respectively. This Agreement
shall inure to the benefit of the successors, assigns and interests of the parties as
to any or all of the Property.
(b) Agreement Runs With the Land. The burden of the covenants
contained in this Agreement ("Burden") is for the benefit of the Property and the City,
its successors and assigns, and any successor-in-interest thereto. The City is deemed
the beneficiary of such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties, public or private, in whose
favor and for whose benefit such covenants running with the land have been provided,
without regard to whether the City has been, remained or are owners of any particular
land or interest therein. If such covenants are breached, the City shall have the rig. ht
to exercise all rights and remedies and to maintain any actions or suits at law or in
equity or other proper proceedings to enforce the curing of such breach to which it
or any other beneficiaries of this Agreement and the covenants may be entitled.
9. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
10. Effective Date. The terms and conditions of this Agreement shall be effective
as of the date this Agreement is recorded in the Official Records of the San Diego County
Recorder's Office.
11. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be original and all of which shall constitute,one and the same document.
12. Recording. The parties shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement
has been approved by the City Council.
13. Miscellaneous Provisions,
(a) Notices. Unless otherwise provided in this Agreement or by law, any
and all notices required or permitted by this Agreement or by law to be served on
or delivered to either party shall be in writing and shall be deemed duly served,
-7-
061800-0148 97168.2
delivered End received when personally delivered to the party to whom it is directed
or, in lieu thereof, when three (3) business days have elapsed following deposit in
the United States mail, certified or registered mail, return receipt requested, first-class
p,ostage prepaid, addressed to the address indicated in this Agreement. A party may
such ~;hange to the other party.
If To City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To Developer:
BROOKFIELD SHEA OTAY LLC
c/o Shea Homes
10721 Treena Street, Suite 200
San Diego, CA 92131
Attn: Mr. John Vance
(b) Captions. Captions in this Agreement are inserted for convenience
of reference and do not define, describe or limit the scope or intent of this Agreement
or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written
document referred to herein, embody the entire agreement and understanding betWeen
the parties regarding the subject matter hereof, and any and all prior or
contemporaneous oral or wdtten representations, agreements, understandings and/or
statements shall be of no rome and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached
exhibits are incorpo£ated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under
this Agreement, Developer, its agents and employees, shall comply with any and
all applicable federal, state and local rules, regulations, ordinances, policies, permits
and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby
warrants and represents to the other party that it has legal authority and capacity
and direction from its principal to enter into this Agreement, and that all resolutions
and/or other actions have been taken so as to enable said signatory to enter into
this Agreement.
-8-
061800-014897168.2
(g) Modification. This Agreement may not b6 modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and
acknowledged bythe parties hereto, their successors or assigns, and duly recorded
in the Official Records of the San Diego County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or
the application thereof to any person or cimumstance shall, to any extent, be invalid
or unenforceable, the remainder of this Agreement, or the application of such term,
covenant or condition to person or circumstance, shall not be affected thereby and
each term, covenant or condition shall be valid and be enforced to the fullest extent
permitted by law,
(i) Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a party or its attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated equally
in the preparation and/or drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first set forth above.
CITY OF CHULA VISTA. a municipal
corporation
By:
Attest:
Mayor
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
BROOKFIELD SHEA OTAY LLC, a
California limited liability company
By: Brookfield Otay LLC. a Delaware
limited~iability corr,)any. Member
(Its
By: Shea Otay Village 11 LLC, a
California limited liability company,
Me~er .
Its ~o~
-9-
061800-014897168.2
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
Notary Pubic in and for said State, personally appearedu Wo~ k) %cA., ~
personally known to me ( ' ' ~dence) to be th~
person(.s.) whose name&s_) is/are subscribed to the within instrument and acknowledged to
me that he/she/th_~executed the same in his/her/their authorized capacity(.ies), and that
by his/her[their .signature(s) on the instrumefit, the person s_(~, or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(Seal)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 6='1~-¢~
Notary,Public in and for said StatEt, personally appeared
)
., 200-~ , before me, ~---~
Signature
personally known to me ( ._ b~si* nf .~2tisfactnry ¢.virtCncr,) tO be th~
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that hefet-relthey executed the same in I~s/h~i-/their authorized capacity(les), and that
by hls/h~-m-ftl'ieir signature(s) on the instrument, the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. ~
Not~ry Public ~ C~lifomi~ ~
(Seal)
-10-
061800-0148 97168.2
EXHIBIT "A"
Legal Description
Those portions of those public rights of way located within CHULA VISTA
TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-4, in
the City of Chula Vista, County of San Diego, State of California, as shown
by Map No. filed with the County Recorder of San Diego County,
California on ,2003 which are graphically shown on
Exhibit"B" attached to the Grant of Easements and Maintenance Agreement
to which this Exhibit "A" is attached
061800-0148 9716g.2
EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
061800-014897168.2
BORHOOD R-4
12 HIKERS TRAIL
·" CHULA VISTA TRACT NO. 01-11
FAYPARCE£ B
21
22
23
24
25
26
27
28
29
11 45 44
4
10 46
2
9 47
8 48
7
49
6
5O
5
3
43
42
41
40
39
HUNSAKER
& ASSOCIATES
51
38
52
37
53
36
54
35
55
34
EVENING STAR STREET
0
100
30
31
32
33
2OO
3OO
/o
EXHIBIT "C"
Maintenance Responsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways shown on Landscaping in parkways Maintenance of curb,
Exhibit "B" including irrigation, gutter, sidewalks and
trimming and pruning of pavement.
trees, and maintenance
and irrigation of turf areas.
061500-014597168.2
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-4,
CHULA VISTA TP~ACT NO. 01-1lA
OR-608F
(Conditions 1-6, 8-13, 17, 22, 32, 35, 48-51, 57, 63, 78, 96, 109,
114, 121, 140, 141, 145, 146, 148, 150, 158, 172-176, 180, 183-
185, 189, 195, 196, 198-201, 204, 205 of Resolution 2001-364)
This Supplemental Subdivision 'Improvement Agreement
("Agreement") is made this day of 2003, by
and between THE CITY OF CHULA VISTA, California (~City" for
recordiDg purposes only) and the signatories to this Agreement,
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability
Corporation ("Developer" or "Owner"), with reference to the facts
set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property',). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-1lA Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes o[ this Agreement the ~erm
"Project" shall also mean "Property".
B. "Owner" or "Developer','- means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereo~ and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract 01-1lA ("Tentative
Subdivision Map" or '[Tentatlve Map") for the subdivision of the
Property.
D. The City has adopted Resolution No. 2001-364
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
E. The City has adopted Resolution Nos. 2003-230 and 2003-
231 pursuant to which it has approved an amendment to the Otay
Ranch Village 11 Sectional Planning Area (Spa) Plan and a Revised
Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
F. Developer has requested the approval of the first "B"
Map for the Project ("First Final Map"). Certain conditions of
approval of the Tentative Subdivision Map requires Developer to
enter into an agreement with the City prior to approval of the
First Final Map for the Project. Said agreement shall run with
the entire land contained within the Project.
G. City is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
H. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. "Complete Construction" shall mean that the
construction of the improvements have been completed and have
been inspected and accepted by'the City.
b. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after
the Final Map has been recorded.
c. "SPA Plan" means the Otay' Ranch Vil. lage Eleven
Sectional Planning Area Plan as adopted by.the City Council
on October 13, 2001 pursuant to Resolution No. 2001-363.
d. "PFFP" means the Otay Ranch Village Eleven Public
Facilities Financing. Plan adopted by Resolution No. 2001-363,
and as may be further amended from time to time.
e. "EIR 01-02" means Environmental Impact Report for
the Otay Ranch Village Eleven General Development Plan,
f. "Improvement Plans" means all the onsite and
offsite improvements required to serve the lots created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, .concrete
curb, gutter and sidewalk,.sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage,
landscaping, irrigation, fencing and fire hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the
successors, assigns and interests of the parties as to any or
all of the Property as described on Exhibit "A" until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is
deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor
and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been,
remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shail
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 Assigriments.
If.Developer assigns any portion of the Project to a Guest
Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are
expressly assumed by the Guest Builder, provided Developer
obtains the prior written consent of the City to such
release. Such assignment to the Guest Builder shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to
the satisfaction_ of the City, its ability to perform its
obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or
its assignee, the City shall release the assignee of the
Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement
to the satisfaction of the City and such partial release will
not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence
of any of the following events, Developer shall, upon receipt
of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s)
from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the
sale of a residential lot to a buyer of an individual
housing unit;
ii. The conveyance of a lot to a Homeowner,s
Association;
iii. The conveyance of a school site as identified
in the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Develope~, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, ~uch lot or parcel shall be automatically released from
the encumbrance hereof.
Condition No. 1
(Agreement to all terms, covenants
4
and conditions). In satisfaction of Condition No. 1 of the
Resolution, Developer agrees to all of the terms, covenants and
conditions contained herein shall 'that binding upon and inure to
of the Developer as to any or all of the Property.
3. Condition No. 2 (Requirements and ~uidelines). 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 Design Plan; 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; FSEIR ~ 01-02; Otay Ranch Village
Eleven Sectional Planning Area (SPA) Plan and supporting documents
including: Village Eleven Public Facilities Finance Plan; Village
Eleven Parks, Recreation, Open Space and Trails Plan; Village
Eleven 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.
4. Condition No. 3 (City's Right to Revoke or Modify
Approvals). In satisfaction of Condition No. 3 of the Resolution,
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 rigkt to revoke or modify all approvals
herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages
for thei? violation. The Developer shall be notified 10 days in
advance prior to any of the above actions ~eing taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
5. Condition No. 4 - (Hold City Harmless). ~ In
satisfaction of Condition No. 4 of the Resolution, Developer
agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs,
including attorney's fees, arising from challenges to the
Environmental Impact Report and subsequent environmental review
for the Project and any or all entitlements and approvals issued
by the City in connection with the project.
5
6. Condition No. 5 - (Comply with SPA Conditions). In
satisfaction of Condition No. 5 of the Resolution, the Developer
agrees to comply with all applicable Village Eleven SPA
to time. Developer further agrees as follows:
a. To implement the final Otay Ranch Village Eleven
Air Quality Improvement Plan (AQIP) approved measures and
include the measures as part of the Project. The Developer
further:
i. Agrees to comply and remain in compliance
with the AQIP;
ii. Waives any claim that adoption of the final
AQIP constitutes an improper subsequent imposition of
the condition;
iii. Acknowledges that the City Council may, from
time-to-time, modify air quality improvement and energy
conservation measures related to new development as
various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final
Map for the Project to modify the AQIP to incorporate
those new measures, which are in effect at the time.
Developer further acknowledges that the new measures
shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to
those areas which receive final map approval prior to
effect of the subject new measures.
b. To implement the final Otay Ranch Village Eleven
Water Conservation Plan (WCP) approved measures and include
the measures as part of the Project. The Developer further:
i. Agrees to comply and remain in compliance
with the WCP;
ii. Waives any claim that the adoption of a final
WCP constitutes an improper subsequent imposition of
the condition;
iii. Acknowledges 'that the City Council may, from
time-to-time, modify water conservation measures
related' to new development as various technologies
and/or programs change or become available; and 4)
agrees prior to or concurTent with each final map for
the Project to modify the WCP to incorporate those new
measures, which are in effect at the time. Developer
further acknowledges that the new measures shall apply
to development within all future final map areas, but
shall not be retroactive to those areas which received
final map approval prior to effect of the subject
measures.
6
7. Condition No. 6 -' (Submittal of SPA). In satisfaction
of Condition No. 6 of the Resolution, the Developer agrees to
prepare and submit, to the satisfaction of, and as deemed
Sectional Planning Area (SPA) Plan, and supporting regulating
documents including, but not limited to text, exhibits, and
tables for the Village Eleven SPA Plan;
District Regulations; Village Design Plan;
Finance Plan; Affordable Housing Plan Air
Plan; Water Conservation Plan; Non-Renewable
Plan; Park~, Recreation, Open Space and
applicable environmental documents.
Planned Community
Public Facilities
Quality Improvement
Energy Conservation
Trails Plan; and
8. Condition No. 8 (Consistency with Land Offer
Agreemeqt). In satisfaction of Condition No. 8 of the Resolution,
the Developer agrees that the terms, conditions and time limits
associated with this tentative map shall be consistent with the
Land Offer Agreement approved by Resolution No. 2000-116 by the
City Council on April 11, 2000 ("Land Offer Agreement") and as
amended on August 7, 2001. The Developer and City of Chula Vista
hereby agrees to comply with the provisions of the Land Offer
Agreement and all Amendments thereto, and to remain in compliance
with the entire Land Offer Agreement and Amendments for the life
of the Agreement.
9. Condition No. 9 - (Participate in Reserve Fund).
In satisfaction of Condition No. 9 of the Resolution, the
Developer acknowledges and agrees that 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 prepabation of an annual report
monitoring the development of the community of Otay Ranch. The
Developer further acknowledges that the annual monitoring report
will analyze the supply of, and demand for, public facilities ahd
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;
and the annual report shall adhere to those guidelines noted on
page 353, Section D of the GDP/SRP.
10.Condition No. 10 - (withholding Building Permit).
In satisfaction of Condition No. 10 of the Resolution:
a. Developer acknowledges and agrees that, prior to
7
the construction of SR~125, the City
building permits for Village 11 when
direction, determines that either:
shall stop issuing new
the City, in its sole
i. Building permits for a total 9,429 dwelling
units have been issued for Projects east of 1-805 (the
start date -for Counting the 9,429 dwelling units is
January 1, 2000); or,
.ii. An alternative measure is selected by the
City in accordance with the City of Chula Vista Growth
Management Ordinance.
b. Developer acknowledges and agrees that
notwithstanding the foregoing thresholds, the City may
issue building permits if the City decides, in its sole
discretion, that any of the following has occurred:
i. traffid' studies demonstrate, to the
satisfaction of the City Engineer, that the
circulation system has additional capacity without
exceeding the GMOC ~raffic threshold standards;
ii. other improvements are constructed which
provide additional capacity; or
iii. the City selects an alternative method of
implementing the GMOC standards. These traffic studies
would not require additional environmental review under
CEQA; however, any improvements proposed in these
traffic studies would be subject to additional
environmental reviews as required.
11. Condition No. 11 (Conveyance Agreement). In
satisfaction of Condition No. 11 of the Resolution, Developer
hereby 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").
12. Condition No. 12 (OlYmpic Parkway Agreement). In
satisfaction of Condition No. 12 of the Resolution, Developer
hereby agrees that if 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.
13. Condition No. 13 (Envirom_mental). In satisfaction of
Condition No. 13 of the Resolution, Developer hereby agrees, to
implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified
in Final EIR 01-02 (SCH#2001031120), the candidate CEQA Findings
for this Project.
14. Condition No. 17 (Preserve Conveyance Schedule). In
satisfaction of Condition No. 17 of the Resolution, Developer
hereby agrees to comply with the requirements and policies of the
Otay Ranch Resource Management Plan ~Preserve Conveyance
Schedule" as approved by City Council on June 4, 1996, as may be
amended from time to time.
15. Condition No. 22 - (Otay Ranch Preserve). In
satisfaction of conditions No. 22 of the Resolution, the
Applicant agrees to convey fee title, or upon the consent of the
Preserve Owner/Manager (POM) and all lien holders, 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 final
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.
16. Condition No. 32 - (Street Trees). In satisfaction of
Condition No. 32 of the Resolution, Developer agrees to the
following:
a. The Developer shall 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 Design Plan, shall be approved by
the Director of Planning and Building and Director of
Engineering.
b. Prior to the installation of any dry utilities,
including but not limited to cable, telephone, gas or
electric lines, Developer agrees to complete preliminary
9
street improvement plans that show the location of all
future street trees, which will be subject to the review and
approval of the Director of Building and Park Construction
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 of
Building and 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.
c. The Developer shall provide root control methods per
the requirements of the Director of Planning and Building,
and provide a deep watering irrigation system for the trees.
d. A 'street tree improvement plan 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.
t7. Conditions No. 35 - (PFFP). In satisfaction of
Condition No. 35 of the Resolution, Developer agrees to install
public facilities in accordance with the Otay Ranch Village
Eleven SPA, Public Facilities Finance Plan (PFFP) as may be
amended from time to time or as required by the City Engineer to
meet threshold standards adopted by the City of Chula Vista.
Developer acknowledge that the City Engineer and Director of
Planning and Building may, at their discretion, modify the
sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
18. Condition No. 48 - (Fire). In partial satisfaction
of Condition No. 48 of the Resolution, Developer agrees to comply
with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. Developer
further agrees that prior to the issuance of any building
permit(s) for the Project, to provide the following items prior
to delivery of combustible materials on any construction site on
the Project:
10
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
Marshal; and
bo Emergenc~ vehicle access consisting of a minimum
first layer of hard asphalt surface or concrete surface,
a minimum standard width of 20 feet; and
with
c. Street signs installed to the satisfaction of the
Department of Public Works. Temporary street signs shall be
subject to the approval of the Department of Public Works and
Fire Department. Locations and identification of temporary
street signs shall be subject to review and approval by the
Department of Public Works and Fire Department.
19. Conditions No. 49 (Construction Timing). In
satisfaction of Condition No. 49 of the Resolution, Developer
agrees to obtain the approval of the City's Fire Marshal for the
timing of construction of all internal streets in the Project.
20. Conditions No. 50 - (Fire Hydrants). In satisfaction of
Condition No. 50 of the Resolution, Developer agrees that in
addition to those fire hydrants depicted on the tentative map,
the Developer shall install additional fire hydrants upon request
and to the satisfaction of the Fire Department.
21. Conditions No. 51 - (Turnaround). In satisfaction of
Condition No. 51 of the Resolption, Developer agrees to construct
a temporary turnaround or street improvements, upon the request
of and as determined necessary by the City Engineer and Fire
Marshal, at the end of temporarily stubbed streets greater than
150 ft. in length (as measured from the nearest street centerline
intersection).
22. Condition No. 57 - (ADA). In satisfaction of Condition
No. 57 of the Resolution, Developer agrees to construct sidewalks
and construct pedestrian ramps on all walkways to meet "Americans
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 commenced.
11
23. Condition No. 63'
(Street Name Signs).
In satisfaction
to
the
of Condition No. 63 of the Resolution, Developer agrees
install permanent street name signs prior to the issuance of
24. Condition No. 78 - (NPDES). In satisfaction of
Condition No. 78 of the Resolution, Developer agrees to comply
with all applicable regulations established by the United States
Environmental Protection Agency (USEPA) as set forth in the
National Pollutant Discharge Elimination System (N.P.D.E.S.)
permit requirements for urban runoff and storm water discharge
and any regulations adopted by the City of Chula Vista pursuant
to the N.P.D.E.S. regulations or requirements. Developer further
agrees to file a Notice of Intent with the State Water Resources
Control Board to obtain coverage under the N.P.D.E.~. General
Permit for Storm Water Discharges Associated with Construction
Activity and shall implement a Storm Water Pollution Prevention
Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures
and shall identify funding mechanisms for post construction
control measures. The Developer further agrees to comply with all
the provisions of the N.P.D.E.S. and the Clean Water Program
during and after all phases of the development process, including
but not limited to: mass grading, rough grading, construction of
street and landscaping improvements, and construction of dwelling
units. The Developer shall design the Project's storm drains and
other drainage facilities to include Best Management Practices to
minimize non-point source pollution, satisfactory to the City
Engineer. The San Diego Regional Water Quality Control Board has
issued a new Municipal Storm Water Permit (Order No. 2001-01).
The permit includes regulations such as implementation of
Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric
Sizing Criteria for new residential development. The Developer
agrees to comply with all relevant City regulations, when they
become effective, 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.
25. Condition No. 96 - (Permitting agencies). In partial
satisfaction of Condition No. 96 of the Resolution, Developer
agrees to obtain approval from all applicable permitting
agencies, including but not limited to FEMA, prior to any work
within each of the agencies jurisdiction. Developer further
acknowledges and agrees that all mitigation requirements will be
the responsibility of the Developer.
12
26. Condition No. 10.9 - (Salt Creek Sewer). In partial
satisfaction of Condition No. 109 of the Resolution, Developer
agrees to not seek final inspection for any building permits for
provided for as indicated in the report entitled "Overview of
Sewer Service for Village Eleven SPA at the Otay Ranch Project'"
(Village Eleven SPA Sewer Report) 'prepared by Wilson Engineering
dated March, 2001, or as amended by the Applicant and approved by
the Director of Engineering. The Village Eleven SPA Sewer Report
shall be consistent with the approved SPA Plan.
27. Condition No. 114 - (Parks). In partial satisfaction
of condition 114 of the Resolution,.the Developer agrees that the
Project. shall satisfy the requirements of the Park Land
Dedication Ordinance (PLDO). Project Developer further agrees
that the Project's Neighborhood Park portion of the local park
requirement shall be satisfied through the provision of a 7.0
net-acre Neighborhgod Park (P-l). Developer further agrees that
the remaining requirement shall be satisfied in a future
Community Park through the payment of fees, dedipation of land,.
or a combination thereof in a manner acceptable to the Director
of Building and Park Construction.
28. Condition No. 121 - (Withhold Building Permits). In
satisfaction of Condition No. 121 of the Resolution, Developer
agrees that at no time shall there be a deficit in "constructed
neighborhood park". Developer further acknowledges, understands
and agrees that the City shall withhold the issuance of building
permits for the Project should the Project fail to comply with
the conditions herein. For purposes of this condition, the term
"constructed park" shall mean the construction of the PrOject's
park has been completed and accepted by the City as being in
compliance with the Parks Master Plan, but prior to the City's.
required mandatory maintenance period. Developer acknowledges
that this is not intended, to supersede any of the City's
maintenance guarantee requirements.
29. Condition No. 140 and 180 - (Landscape Plans). In
satisfaction of Condition No. 140 and 180 of the Resolution,
Developer agrees that prior to the issuance of each construction
permit for the Project, the Developer shall prepare, submit and
obtain the approval of the City Engineer and the Director of
Building and Park'Construction, landscape and irrigation plans,
for open space, parkway, medians and trails. Developer further
agrees that all plans shall be prepared in accordance with the
current Chula Vista Landscape Manual and the Village Eleven SPA,
as may be amended from time to time. Developer further agrees to
13
install all improvements listed in Exhibit ~B" in accordance with
approved plans to the satisfaction of the Director of Building
and Park Construction.
30. Condition No. 141 and 146 - (HHOA Annexation). In
partial satisfaction of Condition No. 141 of the Resolution,
Developer agrees to annex lots 1 through 55 to the MHOA and deed
~lots UA ..... D" to the MHOA for maintenance.
31. Condition No. 145 - (Seller Disclosure). In partial
satisfaction of Condition No. 145 of the Resolution, Developer
agrees to notify future property owners during escrow, by a
document to be initialed by the buyer, of maintenance
responsibilities and estimated annual cost of the MHOA.
Developer further agrees to submit the document and obtain
approval of the Director Engineering and the Director of Building
and Planning prior to the distribution through escrow.
32. Condition No. 148 - (City Walls). In partial
satisfaction of Condition No. 148 of the Resolution, Developer
agrees to ensure that all buyers of ~ots adjoining open space
lots containing walls maintained by CFD-09M will sign a
statement, when purchasing their homes, stipulating that they are
aware that the walls are on City property and that they shall not
modify or supplement the wall or encroach onto City property.
These restrictions shall also be incorporated in the CC&R's for
all lots.
33. Condition No. 150 - (Maintenance District). In
satisfaction of Condition No. 150 of the Resolution, 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 Project.
34. Condition No. 158 - (Street Trees). In partial
satisfaction of Condition No. 158 of the Resolution, Developer
agrees to design landscape and irrigation plans such that street
tree placement is not in conflict with the sight visibility of any
traffic signage. The Developer shall be responsible for the
removal of any obstructions within the sight visibility of said
traffic signs to the satisfaction of the City Engineer.
35. Condition No. 172 - (Withhold Permits per PFFP). In
satisfaction of Condition No. 172 of the Resolution, Developer
agrees:
a. That the City may withhold building permits for the
subject subdivision if any one of the following.occur:
i. Regional development threshold limits set by
14
the 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 Manaqement
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 Developer 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 Eleven SPA
if the required public facilities, as identified in the
PFFP or as amended by the A~nual Monitoring Program
have not been completed.
b. To defend, inde~ify and hold harmless the City and
its agents, officers and. employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval
by the City, including approval.by its Planning Commission,
City Council or any approval by its agents, officers, or
employee~ with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and
on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable television
companies ("Cable Company") are permitted equal opportunity
to place conduit and provide cable television service to each
lot within the subdivision. Developer agrees that the City
of Chula Vista may grant access to cable companies franchised
by the City of Chula Vista to place conduit within the City's
easement situated within the Project.' Developer shall
restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
15
all other rules, regulations, ordinances and
regulating and affecting the operation of cable
companies as same may have been, or may from time
procedures
television
to time be
d. That the City may withhold the issuance of building
permits for the Project, should the Developer be determined
by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure
said breach
e. To hold the City harmless from any liability for
erosion, siltation or increase flow of drainage resulting
from this Project.
36. Condition No. 173 - (No Protest) In satisfaction of
Condition No. 173 of the Resolution, Developer agrees to
participate, on a flir share basis, in any deficiency plan or
financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP) and not protest the formation of any
future regional impact fee program or facilities benefit district
to finance the construction of regional facilities.
37. Condition No. 174 (Previous Agreements). In
satisfaction of Condition No. 174 of the Resolution, Developer
agrees to comply with all previous agreements as they pertain to
the Tentative Map including but not limited to the ~supplemental
subdivision improvement agreement for Village 11" approved by
City Council Resolution 2003-167 on February 7, 2003 and
"Agreement for Monitoring of Building Permits" approved by City
Council pursuant to City Resolution 2003-167.
38. Condition No. 175 - (Street Sweeping). In satisfaction
of Condition No. 175 of the Resolution, Developer agrees to
contract with the City's current street sweeping franchisee, or
other server approved by the Director of Engineering to provide
street sweeping for each phase of development on a frequency and
level of service comparable to that provided for similar areas of
the City. The Developer further agrees to cause street sweeping
to commence immediately after the final residence, in each phase,
is occupied and shall continue sweeping until such time that the
City has accepted the street or 60 days after the completion of
all punch list items, whichever is shorter. 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.
16
39. Condition No. 176 - (Regional Impact Fees). In
satisfaction'of Condition No. 176 of the Resolution, Developer
benefit assessment district formed to finance regional
facilities.
40. Condition No. 183 - (PFFP). In satisfaction of
Condition No. 183 of the Resolution, Developer agrees to install
all public facilities in accordance with the village Eleven
Public Facilities Finance Plan (PFFP), or as required to meet the
Growth Management Threshold standards adopted by the City.
Developer acknowledges and agrees that the City Engineer may
modify the sequence of improvement construction should conditions
change to warrant such a revision. The Developer further agrees
to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management Ordinance) as may be amended from time to time
by the City. Said Chapter includes but is not limited to
Threshold Standards (19.09.040) Public Facilities Plan
Implementation (19.09.090) and Threshold Compliance Procedures
(19.09.100).
41. Condition No. 184 (Interim facilities). In
satisfaction of Condition No. 184 of the Resolution, Developer
agrees that the maintenance and demolition of all interim
facilities (public facilities, utilities and improvements) is the
Developer's responsibility, and that construction and demolition
bonds will be required to the satisfaction of the City Engineer.
42. Condition No. 185 - (Offsite ROW). In satisfaction of
'Condition No. 185 of the Resolution, Developer agrees to acquire
offsite right of way and easements necessary to comply with the
PFFP schedule to be dedicated to the City. Developer also agrees
to bond for the off-site improvements as required by the City
Engineer.
43. Condition No. 189 - (Annual review). In satisfaction of
Condition No. 189 of the Resolution, Developer agrees that
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 shall 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
17
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
adopted threshold standards, and identifying financing options
for necessary facilities.
44. Condition No. 195 - (Phasing Plan). In satisfaction of
Condition No. 195 of the Resolution, Developer agrees that if
phasing is proposed within an individual map or through multiple
final maps, the Developer shall submit and obtain approval for a
development phasing plan by the City Engineer and Director of
Planning and Building prior to approval of any final map.
Developer further acknowledges and agrees that improvements,
facilities and dedications to be provided with each phase or unit
of development shall be as determined by the City Engineer and
Director of Planning and Building. Developer acknowledges that
the City reserves the right to require said improvements,
facilities and/or dedications as necessary to provide adequate
circulation and to meet the requirements of police and fire
departments, and that tke City Engineer and Director of Planning
and Building may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such
a revision. The Developer further agrees that the City Engineer
may change the timing of construction of the public facilities.
45. Condition No. 196 - (Phasing Plan). In satisfaction of
Condition No. 196 of the Resolution, Developer agrees that the
Public Facility Finance Plan or revisions thereto shall be
adhered to for the SPA and tentative map with improvements
installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista.
Developer acknowledges that the PFFP identifies a facility
phasing plan based upon a set of assumptions concerning the
location and rate of development within and outside of the
Project area; that throughout the build-out of Village Eleven
SPA, actual development may differ from the assumptions contained
in the PFFP; and that neither the PFFP nor any other Village
Eleven SPA Plan document grant the Developer an entitlement to
develop as assumed in the PFFP, or limit the Village Eleven SPA's
facility improvement requirements to those identified in the
PFFP. Developer acknowledges that compliance with the City of
Chula Vista threshold standards, based on actual development
patterns and updated forecasts in reliance on. changing
entitlements and market conditions, shall govern Village Eleven
SPA development patterns and the facility improvement
requirements to serve such development. In addition, Developer
acknowledges and agrees that the sequence in which improvements
are constructed shall correspond to any future Chula Vista
Transportation Phasing Plan or amendment to the Growth Management
18
Program and Ordinance adopted by the City and that the City
Engineer may modify the sequence of improvement construction
should conditions change to warrant such a revision.
46. Condition No. 198 - (Code Requirements). In
satisfaction of Condition No. 198 of the Resolution, Developer
agrees to comply with all applicable sections of the Chula Vista
Municipal Code. 'Developer acknowledges and agrees that
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.
Developer further agrees to underground all utilities within the
subdivision in accordance with Municipal Code requirements.
47. Condition No. I99 - (Code Requirements). In
satisfaction of Condition No. 199 of the Resolution, Developer
agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation
Development Impact Fees.
b. Signal Participation Fees.
c. Ail applicable sewer fees, including
limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Salt Creek Sewer Basin and Poggi
Basin DIF.
f. The Pedestrian Bridge DIF.
g. The FIND Model reserve Fund Fee.
and Public Facilities
but not
Canyon Sewer
Developer agrees to pay the amount of said fees in effect at the
time of issuance of building permits
48. Condition No. 200 - (Code Requirements). In partial
satisfaction of Condition No. 200 of the Resolution, 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.
49. CondStion No. 201 - (Special Tax Notice). In partial
satisfaction of Condition No. 201 of the Resolution, 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.
19
50. Condition No. 204 - (Code Requirements). In partial
satisfaction of Condition No. 204 of the Resolution, Developer
agrees to comply with Chapter 19.09 of the Chula Vista Municipal
the City. Said chapter includes but is not limited to: threshol~
standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures.
51. Condition No. 205 - (Code Requirements). In partial
satisfaction of Condition No. 205 of the Resolution, Developer
acknowledges that the City amending its Growth Management
Ordinance to add Section 19.09.105, to establish provisions
necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125~
Developer acknowledges and agrees that said provisions will
require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, .and the Developer hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
52. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Conditions 1-6, 8-13,
17, 22, 32, 35, 46, 48-51, 57, 63, 78, 96, 109, 114, 121, 140,
141, 145, 146, 148, 150, 158, 159, 172-176, 180, 183-185, 189,
195, 196, 198-201, 204, 205 of Resolution 2001-364. Developer
further understands and agrees that the some of the provisions
herein may be required to be performed or accomplished prio~ to
the approval of subsequent final maps for the Project, as may be
appropriate.
53. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with
all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2001-364 and shall remain in
compliance with and implement the terms, conditions and
provisions therein.
54. Recording. This Agreement, or an abstract hereof shall
be recorded.simultaneously with the recordation of the Final Map.
55. Building Permits. Developer and Guest Builders
understand and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
determined by the City to be in breach of any of the te~ms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
20
56. Assignablity. Upon request of the developer, any or
all on-site duties and obligations set forth herein may be
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.
57. Miscellaneous.
a. Notlces.. 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 redeived 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 Engineering
DEVELOPER:
Brookfield Shea Otay, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
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.
21
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or written representations,
force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or
his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated
equally in the preparation and/or'drafting this Agreement.
e. Recitals; Attachments.
and exhibits attached hereto
into this Agreement.
Any recitals set forth above
are incorporated by reference
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
22
[PAGE ONE OF TWO SIGNATURE PAGEs TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEi~ENT FOR OTAY P. ANCH VILLAGE ELEVEN, NEIGHBOP~HOOD
R-4, Caul4~ VISTA TRACT NO. 01-11A]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bige~ow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
23
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD
R-4, CHULA VISTA TRACT NO. 01-11A]
DEVELOPERS/OWNERS:
BROOKFIELD SHEA OTAY, LLC, A California Limited Liability Company
By: Brookfield Otay LLC,
A Delaware Limi/~ed Liability Company,~mber
Narhe-~--)Lq47~ ~ ~ ~ Name:TM ~ S T E P_~Hr ~ ~! ~ ...D,.OY t L~
By: Shea Otay Village 11, a California limited liability
company, Member
By: Shea Homes Limited Partnership, a California limited
partnership, its Sole Member
By: J.F.
its General Part. nwr
Name: ~. ~. ~
Shea LLC, a Delaware limited liability company,
Name: ~ /~ ~/c
(Attach Notary Acknowledgment)
24
State of California ).
County of San Diego )
On Jtme 13, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and
Dale Holbmok, personally known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same in their authorized capacity, and
that by their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
N-o(ary~Publi~ in (~a'/fo'"F~'sasai~d-Cfounty and
State
Description of
Attached Document:
- Optional Information -
Supplemental Subdivision Improvement Agreement for Otay Ranch Village
Eleven, Neighborhood R~4, Chula Vista Tract No. 01-I 1A
- The Remainder of this Page is Blank-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ State of California
On L'~J/(. ,,2,,')0..? beforeme, ~-E~,~A.} ~'7'~-.~0~"~.,~(2(/~/C~ ,
personally appeared ~J~O~,J ~. ~J~.g.~/j~ ,~J~9 ~'T~t~_.~/ t~ _~J~F_~
~'~ersonally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-ie/are
subscribed to the within instrument and
acknowledged to me that ~c/sh~they executed
the same in .h!S/hrcr,'their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Trtle or Type of Document: ~'?/IL'J~/~ ~'~/L,'/.S"/E)~ /.MI f~
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual
E~ Corporate Officer -- Title(s):
[~ Partner-- v~ Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 7 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A"
Map No. 1 in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No.14559, Field in the
Office of the County Recorder of San Diego County on March 17,
2003 as File No. 2003-0293202 of Official Records.
25
EXHIBIT "B"
LIST OF SECURITIES
W.O. CVWO No Description Bond $ Bonding Co=~any Bond
(Drawing Name number
#)
O~O~i 03-041 Landscape and $139,503.63 Travelers 104075581
Irrigation Plans Casualty and
for Village 11, Surety Company
Neighborhood R-4 of America
26
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Meeting Date 07/08/03
Resolution Waiving the consultant selection process,
approving the Assignment of Agreement Between the City Of Chula Vista
and MuniFinancial, Inc. to Pacific Municipal Consultants for the auditing and
administering of the City's Development Impact Fee (DIF) programs, and
authorizing the Mayor to execute said agreement.
Director of Engineering
City Manager ~ 0
Y
(4/5ths Vote: Yes No X )
On October 9, 2001, by Resolution No. 2001-344, the City Council approved an agreement with
MuniFinancial, Inc. for auditing and administering the City's Development Impact Fee (DiF)
programs. The agreement before Council tonight will assign the contract to the new firm, Pacific
Municipal Consultants.
RECOMMENDATION: That Council adopts the resolution approving the assignment of
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
The City's Development Impact Fee (DIF) programs allow developers to construct needed facilities
in lieu of paying DIF fees at building permit issuance. With the ongoing construction of public
facilities to serve rapidly growing communities within Chula Vista's "Eastern Territories", it is
imperative that audits of the developer's construction cost are performed in a timely fashion.
City Council approved an agreement with MuniFinancial to perform this work on October 9, 2001
and extended the agreement for an additional year on November 19, 2002. The contract
administrator for the Consultant was Tom Bandy, Senior Project Manager with additional work
performed by Mark Sullivan. These two individuals have left MuniFinancial on April 25, 2003 and
are now employed by Pacific Municipal Consultants. Both MuniFinancial and Pacific Municipal
Consultants have agreed to the terms of the assignment agreement as outlined below. City Staff
recommends approval of the assignment agreement due to the same anticipated level of service and
identical fee stmcture.
Consultant Selection Process
Staffrecommends waiving the consultant selection process and assigning the existing agreement to
Pacific Municipal Consultants. Section 2.56.070 of the Municipal code allows an exception to the
Page 2, Item {/
Meeting Date 07/08/03
consultant selection process where Council determines these "requirements as applied to that
contract are impractical, impossible or that City interests would be materially better served by
apptyJng a o~/erent purchasing proceot~re .... m oroer Ior me t~ty s ~IP aau~t work ano me
administration of the City's DIF programs to keep in stride with current construction activities, the
formal process of requesting proposals is impractical. Staff believes that while with MuniFinancial,
Mr. Bandy and Mr. Sullivan have progressed along the leaming curve of the DIF program processes
and procedures to the point where it would be cotmterproductive to initiate new consultants for this
role. Therefore, staff believes that the City's interests are best served by maintaining continuity in
the project staffing and retaining Tom Bandy's services as Principal Financial Consultant and Mark
Sullivan's services as a Facilities Specialist, both now with Pacific Municipal Consultants.
Terms of the Assignment Agreement
The agreement has two components. The project management component consist of the consultant
sending statements to the development community of the status of their DIF credits on a quarterly
.basis (beginning balance of credit for facilities constructed, building pehnits issued using the credits
~nstead of cash, and ending balance of credit).
The second component of the agreement is for auditing services. For the Transportation
Development Impact Fee (TDIF), a developer is entitled to a credit of 50% of the cost ufa facility to
be used toward fees due at building permit issuance once bonds have been posted for the T~IF
project. Once the contract has been bid to a contractor the credit increases to 75% of the bid.
Finally, the developer is entitled to 100% of the eligible cost of the facility once the street has been
accepted and the costs fully audited. The auditing services provided by the consultant verify that all
costs are eligible for DIF credit.
The agreement is flexible in that it is based on an hourly rate with a "not-to-exceed" provision for
each audit ($4,500 maximum consultant fee for each $1 million of facilities to be audited. The City
retains the right to audit any facility with City staff if development levels drop off from the current
pace. The maximum contract amount is $200,000 per year and expires October 9, 2003 with an
optional one-year extension to October 9, 2004 if approved by the City Manager.
Both MuniFinancial and Pacific Municipal Consultants have agreed that with the exception of
services completed by MuniFinancial prior to April 26, 2003, Pacific Municipal Consultants will
assume all of the obligations of MuniFinancial arising from the original agreement.
FISCAL IMPACT: All funds for the contract are funded by Development Impact Fees. Since the
primary audit work is for TDIF facilities, all initial costs will be paid out of the TDIF fund.
Consultant work performed on other DIF projects will reimburse the TDIF fund with a future
appropriation; based on which DIF projects are audited at contract completion.
/I-2
Page 3, Item II
Meeting Date 07/08/03
The total amount of funds paid to MuniFinancial in the past 12 months for all city work is $ 278,605.
The total compensation paid to MuniFinancial for this contract to date is: $ 228,083.
Attachments: Agreement between City of Chula Vista and MuniFinan¢ial
First Amendment to the Agreement between CiW of Chula Vista and MuniFinancial
AR- 7/2/03 10:47:41 AM
J :~Engineer~LAND DEV~D1F's~D IF Consultant~Assigament Ag~eernent~A 113.doc
ATTACHMENT
Parties and Recital Page(s)
Agreement between
3,i~y ~ C?iu;a
and
MuniFinancial
for auditing and administering the City's Development Impact Fee (DIF) programs
This agreement ("Agreement"),' dated 10109/2001 for the
purposes of reference only, and effective as of the date last executed unless anolfler date
is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is
indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on
Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consult. ant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, City desires to seek professional consultant semi(es for the execution
and maintenance of an audit and accounting system for tracking Development Impact
Fee (DIF) credit activity; and,
Whereas, on August 6, 2001, City solicited proposals from approximately sixty
(60) firms and individuals to provide: 1) Auditing of eligible DIF improvements; 2)
Assuring compliance with City procedures and ordinances as they apply to DIF Credits;
3) Drafting documents necessary for D F credit approvals; and 4) Providing ongoing
maintenance of a DIF accounting system; and,
Whereas, MuniFinancial submitted a proposal which was determined by City staff
to be responsive to City's request for proposals (RFP); and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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August 1,2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page I
Obligatory Provisions Pages
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
in the process of performing and delivering said "General Duties", Consulbant
shall also perform all of the services described in Exhibit A, Paragraph 8 of this
agreement, entitled" Scope of Work and Schedule", not inconsistent with the
General Duties, according to, and within the time frames set forth in Exhibit A,
Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence
of this agreement. The General Duties and the work and deliverables required in
the Scope of Work and Schedule shall be herein referred to as the "Defined
Services". Failure to complete the Defined Services by the times indicated does
not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Sen/ices to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within
the scope of services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
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August 1, 2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page 2
E. Standard of Care
Consultant, in performing any Services under this aqreement, whether
Services or Adaitional Services, shall perform in a manner consistent with that
level of care and skill ordinarily exemised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected
against the risk of loss by the following insurance coverages, in the following
categories, and to the limits speciflad, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or shall meet with
the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by
Consultant, which names City as an Additional Insured, and which is primary to
any policy which the City may otherwise carry ("Primary Coverage"), and which
treats the employees of the City in the same manner as members of the general
public ("Cress-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability'
policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating
that the policies may not be canceled without at least thirty (30) days
written notice to the Additional Insured.
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 3
(2) Policy Endorsements Required.
In order to demonsbate the Additional Insured Coverage, Pdmarv
~Joverage ana Cress-lial3ility Coverage requlroo under ConsuRant's
Commercial General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 20, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled
"Performance Bond"), then Consultant sha~l provide to the City a
performance bond by a surety and in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Performance Bond", in said Paragraph 20, Exhibit
A.
(2) LeUer of Credit.
In the event that Exhibit A, at Paragraph 20, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled
"Letter of Credit"), then Consultant shall provide to the City an irrevocable
letter of credit callable by the City at their unfettered discretion by
submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the
Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 20, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 20, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter
of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a
form and amount satisfactory to the Risk Manager or City Attorney.
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 4
//-7
I. Business License
otherwise comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to
provide direction and guidance to achieve the objectives of this
agreement. The City shell permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition
thereto, City agrees to provide the information, data, items and materials
set forth on Exhibit A, Paragraph 10, and with the further understanding
that delay in the provision of these materials beyond 30 days after
autho~zation to proceed, shall constitute a basis for the justifiable delay in
the Consultant's performance of this agreement.
B Compensation
Upon receipt of a properly prepared billing from Consultant submitted to
the City periodically as indicated in Exhibit A, Paragraph 19, but in no
event more frequently than monthly, on the day of the period indicated in
Exhibit A, Paragraph 19, City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set forth in
Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in
paragraph 20 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and
payable thereunder is proper, and shall specifically contain the City's account
number indicated on Exhibit A, Paragraph 19 (C) to be charged upon making
such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized
by said party to represent them in the routine administration of this agreement.
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 5
4, Term.
This Agreement shall terminate when the Parties have complied with all
5. Liquidated Damages
The provisions of this sect. ion apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from
delay in performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allolted time period specified
in this Agreement shall result in the following penalty: For each consecutive
calendar day in excess of the time specified for the completion of the respective
work assignment or Deliverable, the consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in
Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract
Administrator, or designee, prior to the expiration of the specified time.
Extensions of time, when granted, will be based upon the effect of delays to the
work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A. Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political
Reform ACt conflict of interest and disclosure provisions, and shall report
economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 15 of Exhibit
A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
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August 1,2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page 6
position to influence a governmental decision in which Consultant knows or has
reason to know Consultant has a financial interest other than the compensation
promised by th is Agreement.
c. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the
regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have
an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or
assume an economic interest during the term of this Agreement which would
constitute a conflict of interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which
may result in a conflict of interest for the purpose of the Fair Political Practices
Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited Interest"), other
than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has
been made to Consultant or Consultant Associates in connection with
Consultant's perforrnance of this Agreement. Consultant promises to advise City
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August 1, 2001
Standard Forn~ Two Party Agreement (Thirteenth Revision)
Page 7
of any such promise that maybe made dudng the Term of this Agreement, or for
12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold I~an'nless the City, its
elected and appointed officers and employees, from and against all claims for
damages, liability, cost and expense (including without limitation attorneys' fees)
adsing out of the conduct of the Consultant, or any agent or employee, subcon-
tractors, or others in connection with the execution of the work covered by this
Agreement, except only for those claims arising from the sole negligence or sole
willful misconduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any
of the covenants, agreements or stipulations of this Agreement, City shall have
the right to terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least five (5) days
before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
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Standard Form Two Parly Agreement (Thirteenth Revision)
Page 8
fi-I~
9, Errors and Omissions
10.
In the event th~' *ha e ~y ~i~!$~'~,~- ~-, ~.-~ *,
....... ~--,~i~ ~ia~ ~ll~ ~O~SUI~~
n~ligen~, eff~, or omissions in ~e peffo~an~ of ~ un~r this
Agr~ment has msu~ in expen~ ~ C~ greater ~an ~uld ~ve msu~
~m ~m no su~ n~ligen~, e~m, oral.ions, Consu~nt shall reimburse
Ci~ for any add~onal e~nses in~ by ~e C~. N~hing heroin is intend~
to lim~ Ci~'s righ~ under o~er provisions of this ag~ment.
Termin~on of Ag~ment ~r Conven~n~ of Ci~.
Ci~ may te~ina~ th~ Agr~ment at any time a~ ~r any ~son, by giving
specffic ~en noti~ to Consul~nt ~ such ~ination and s~ing ~e
~e~ive date there, at ~ast ~i~ (30) days b~m t~ e~ d~e ~ such
~rmination. In that eve~, all finish~ and unfin~h~ do~men~ and ~her
mate~als descHb~ hereinabo~ shall, at ~e option ~ the Ci~, ~e C~'s
so~ and exclus~ pr~e~. If the Agr~ment is terminat~ by C~ as pmvid~ in
this paragraph, Consul~nt shall ~ enfit~d to ~e just and equitable
~m~n~fion for any ~fi~ wo~ ~mplet~ on su~ documen~ and other
materials ~ the ~ve da~ ~ such te~ination. Consu~nt hereby expre~ly
~ives any and all claims for damag~ or ~pensetion arising under this
Agme~ ex. pt as ~t fo~ herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the
same (whatheY by assignment or novation), without prior written consent of City,
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 18 to the subconsultants identified thereat as
"Permitted Subconsultants",
12. Ownership, Publication, Reproduction and Use of Matedal
All reports, studies, information, data, statistics, forms, designs, plans.
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to
private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distr~ute, and othenvise use, copyright or
patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 9
/I-12
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the
Consultant's agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed to be an
employee of City, and none of them [shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave or other leave benefits. Therefore,
City will pot withhold state or federal income tax, social security tax or any other
payroll tax, and Consultant shall be solely responsible for the payment of same
and shall hold the City harmless with. regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brou§ht arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and
acted upon by the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set
forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of thJs Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded substantially
the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a
statement of the numbem and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 10
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 17 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a
licensed real estate broker or salesperson. Otherwise, Consultant represents
that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such
party, postage prepaid, registered or certified, with return receipt requested, at
the addresses identified herein as the places of business for each of the
designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof. Neither His Agreement nor any
provision hereof may be amended, modirmd, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to .
enter into this Agreement, and that all resolutions or other actions have been
taken so as to enable it fo enter into this Agreement.
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 11
F. Governing LawNenue
Th;o ,:,U,~,=,~. ~,,~ii u~ ~uvemea oy aha cons[ruecl In accoraance with the laws
of the State of California. Any action arising under or relating to this Agreement
shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto
as possible. Venue for this Agreement, and performance hereunder, shall be the
City of Chula Vista.
[end of page. next page is signature page.]
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Standard Form Two Party Agreement (Thirteenth Revision)
Page 12
Signature Page
to
for auditing and administering the C~'s Development Impact F~ (DIF) p~rams
iN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,200_
City of Chula Vista
by:
Sh d
iey H0rtc~,~layor
Attest:
'gelow, City Cl~rk
Approved as to form:
Dated:.
MuniFinancial
Michael McNamara
Vice President, Division Manager
Financial Consulting Services
Exhibit List to Agreement
( ) Exhibit A
( ) Exhibit 13
( ) Exhibit C
( ) EXhibit D.
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Standard Form Two Pady Agreement (Thirteenth Revision)
Page 13
Exhibit A
to
Agreement between
City of Chula Vista
and
MuniFinancial
1. Effective Date of Agreement:
2. City-Related Entity:
(x)
()
()
10/09/01
City of Chula Vista, a municipal chartered corporation of the State of
California
Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert
business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
Consultant: MuniFinancial Management and Ownership, A Willdan Company
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Place of Business, Telephone and Fax Number of Consultant:
9275 Sky Pad( Court, Suite 110
San Diego, California 92123
Standard Form Two Party Agreement (Thideenth Revision)
Page 14
J:~EngineefiDIF_2prtyagr.doc
August '1, 2001
Phone: (858) 467-6955 Ext. 11
Fax: (858) 467-1346
h ~eneral Duties:
Consultant shall provide turnkey auditing services for the City and process all
Development Impact Fee (DiF) credit authorizations as outlined in the applicable city
ordinance. Consultant will also generate monthly credit summaries for all
developers with DIF credit within the City. The general duties are logically outlined
as follows:
A. Project Management
B Processing Developer Requests for DIF Credit
C. Submission of Audit Services Proposal by Consultant
D. Audit of DIF-Eligible Improvements
E. Maintenance and Administration of Citywide DIF Credit Trust Accounting
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
All work performed by Consultant pursuant to the terms of this C°ntrac~ shall
be to the satisfaction of the Director of Public Works.
1.0 Project Management
The Consultant, through its Project Manager, shall become familiar
with all aspects of the City's DIF ordinances, policies, and directives
and procedures~, and shall oversee, control, and coordinate all
aspects of this scope of work regarding vadous DIF eligible
projects, as identified by the City, through preparing and presenting
documents for City Council approval for eligible DIF credit to
developers, and performing tasks necessary to ensure efficient,
timely management of the project.
b. The Consultant's Project Manager shall act as the liaison, between
the Consultant's staff, the City's engineers and technicians,
developers, etc., and attending meetings, upon request of the City.
1 Current existing Deveropment Impact Fees are as follows: Transportation DIF (TDIF), Public Facilities
DIF (PFDIF), Poggi Canyon Sewer DIF, Telegraph Canyon Gravity Sewer DIF, Telegraph Canyon
Pumped Sewer DIF, Sail Creek Sewer DIF, SR-125 DIF, and Traffic Signal Fee. Addll~onal DIF's may be
established by the City, which may require auditing of facilities eligible for credit towards such DIF's (See
Exhibit "D" attached for a list of all existing Development Impact Fee programs and their application).
J:~Engineer~DIF_2prtyagr. doc Standard Form Two Party Agreement (Thirteenth Revision)
August 1, 2001
Page 15
2.0 Processing Developer Requests for DIF Credit
Within ten (10) working days from City of receipt of a developer's
request to construct a DIF eligible facility, Consultant shall submit to
City staff a Council Agenda Statement, providing a factual basis for the
City to authorize the developer to construct the facility and make
recommendations for the advancement of credit to the developer as
applicable to each DIF ordinance_ At a minimum, Consultant shall
provide:
i. Construction schedule far the facility
ii. Proof of bonding and plan approval of the facility
iii. Request additional information from the developer as needed, in
the event the developer's request is deficient
iv. Obtain a detailed project description and a detailed cost
estimate and compare with DIF estimate
v. Proof of eligibility of improvements to be funded by DIF
vi. A draft Council AGenda Statement a.uthorizing developer to
construct the facility per the applicable ordinance
vii. Other elements as required by the applicable DIF ordinances
3.0 Submission of Audit Services Proposal by Consultant
Within 5 working days of the City's delivery to the Consultant of a
developer's request for DIF credit, subsequent to authorization from
City Council to construct a facility (an ~audit package"), the Consultant
shall submit to the City a proposal to perform the audit. Such
proposals shall set forth the Consultant's fee and demonstrate a
factual basis to support such fee. Consultant shall not begin work on
an audit package prior to receipt of a Notice to Proceed from the
Director of Public Works or designee. The City reserves the right to
reject any of Consultant's proposals for work on a particular audit
package.
4.0 Audit of DIF-Eligible I'mprovements
Upon Consultant's receipt of a Notice to Proceed to work on an audit
package, Consultant shall refer to specific audit procedures in the
applicable City ordinance, as well as City directives and procedures for
each particular Development Impact.
Upon receipt of Notice to Proceed, Consultant shall commence
work on an audit package and complete audit within 15 business
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Standard Form Two Party Agreement (Thirteenth Revision)
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5.0
b. Consultant shall meet wi~h the C~ inspection staffto ve~fy tacilifies
c. Consul~n! sl~all summa~izs in ~ ~om~ ~ di~ b~ ~1~ s~ all
change orders submitted by a developer, make recommendations
for approval/rejection of the change orders and shall schedule
meetings upon the request of the City to resolve conflicts regarding
incremental credit requests and authorization.
d. All audits shall be in conformance with City's DIF ordinances.
, e. Upon final completion of each audit, Consultant shall compare the
actual cost of each facility to the relevant DIF budget.
f. Consultant shall determine from an audit package whether there
has been an incremental completion of the project by a developer,
and recommend, in writing, the authorization of the Director of
Public Works a prescribed percentage (i.e. 50%, 75%, or 100%) of
the total prelimina~7 cost estimate, as specified in the respective
DIF ordinance.
Maintenance and Administration of Citywide DIF Credit Trust
Accounting
Consultant shall prepare a written monthly report, reflecting the current
status of each developer's DIF credit accounts. Such a report shall be
provided to City 15 days after the City delivers to Consultant a monthly
building permit activity report,
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: (See Section 8A above for delivery schedule)
Deliverable No. 2:
Deliverable No. 3:
D. Date for completion of all Consultant se[vices:
J AEngineef~DIF._2prtyagr. doc
August 1, 2001
Standard Form Two Party Agreement (Thirteertth Revision)
Page 17
One year from the effeo'dve date of this contract
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commemial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commemial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
The City of Chula Vista utilizes Permits Plus by Accela as the in-house building
permit system. A component of Permits Plus called ~Trust Accounting" tracks
DIF activity for all DlF-eligible facilities within the City's building permit.process
for every developer. City will provide Consultant with building permit activity
reports.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein
required, City shall pay a single fixed fee in the amounts and at the times
or milestones or for the Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or DeliveraBle Amount or Percent of F xed Fee
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 20 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
J:~Engineer~DIF_2prtyagr. doc
August 1, 2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page ~18
phase shall be assessed in the sole and unfettered discretion by
the Conffac,~
other pert. on as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B_ ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associated with each phase of Services, in the amounts and at the times
or milestones or Deliverables set forth. Consultant shall not commence
Services under any Phase, and shall not be entitled to lhe compensation
for a Phase, unless City shall have issued a notice to proceed to
Consultant as to said Phase.
Phase
Fee for Said Phase
.1. $
$
3. $¸
J:~Engineer\DIF_2prtyagr. doc
August 1, 2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page 19
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
~erc~+.3g~ ~f ~cmpl~ioi~ ~a$i~ ~ ~ach giwn t~qase such mai, a[
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be ratumed to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 20 is to be applied to each interim payment such that, at
the end of the phase', the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
Maximum total compensation for this contract shall be $230,000.
For performance of the Defined Services by Consultant as herein
required, City shall pay Consultant for the productive hours of time spent
by Consultant in the performance of said Services, at the rates or amounts
set forth in the Rate Schedule hereinbelow according to the following
terms and conditions:
1.0 (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the Defined
Services herein required of Consultant including all Materials, and
other "reimbursables" ("Maximum Compensation").
a. Project Management Services:
J:~Engineer~DIF_2prtyagr.doc
August 1, 2001.
Standard Form Two Party Agreement (Thirteenth Revision)
Page 20
(2)
For all services' outlined in Section 8.A. 1,0 above, the maximum
compensation shall be 30 hours per monff~ per Exhibit "B" for a
b. Audit of DIF-Eligible Improvem. ents:
For all services outlined in Section 8.A.4.0 above, the maximum
compensation shall be determined by negotiation between City
and Consultant at the time Consultant submits an audit services
proposal, using rates as set forth in Exhibit *B". Consultant shall
use the Maximum Compensation amount of $4,500 per $1
million of facilities to be audited as a guideline for estimation of
the compensation amount.
c. Maintenance and Administration of Citywide DIF Credit Trust
Accounting:
For all services outlined in Section 8.A.5.0 above, the maximum
compensation shall be 30 hours per month per Exhibit "B" for a
"Support Staff (MuniNVilldan)".
( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to ("Authorization Limit"), Consultant
shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing additional Services
at Consultant's own co~t and expense.
Rate Schedule
Category of Employee
of Consultant Name
N!A (See attached Exhibit
Hourly
Rate
J:~Engineer~DIF_2p~/agr. doc
August 1, 2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page 21
()
Hourly rotes may increase by 6% for services rendered after
[~no,'~;~], ;3 , ;i de,ay Jn p~'uviciing services is causeo ay City.
12. Materials Reimbursement Arm ngement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set
forth below:
(X) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $
( ) Copies, not to exceed $ :
( ) Travel, not to exceed $
( ) Printing, not to exceed $
( ) Postage, not to exceed $
( ) Delivery, not to exceed $
( ) Long Distance Telephone C.hargee,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
, not to exceed $.
,, , not to exceed $
13. Contract Administrators:
City: Tom Adler, Civil Engineer
Consultant: Tom Bandy, Senior Project Manager
14. Liquidated Damages R~e:
( ) $ per day.
( ) Other:.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
J:~Engineer~DIF_2prtyagr. doc
August 1, 2001
Standard Fon'n Two Party Agreement (Thirteenth Revision)
Page 22
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property.
()
Category No. 3. Investments, interest in real property and sources
of income subject to the regulatory, =ermit or licensing authority of
the department
()
Category No. 4; Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
()
Category No. 5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
()
Category No. 6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No, 7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16.
Consultant hereby represents that for 6 months prior to signing its proposal it did
not conduct, solicit, perform, or retain any business with any person, entity,
landholder or developer (collectively 'Developer") which has requested DIF credit
from the City for the same 8 months; warrants that during the effective period of
the contract consultant will not conduct, solicit, perform, or retain any business
with any Developer whlch will be requesting DIF credit during the effective period
of this contract; and covenants that for a 6 month period after the termination of
the contract consultant will not conduct, solicit, perform, or retain any business
with any Developer which will be requesting DIF credit during the 6 months
following termination ofthis contract; For purposes of this paragraph, Developer
J :\Engineer~DIF_2p~'yagr. doc
August 1, 2001
Standard Farm Two Party Agreement (Thirteenth Revision)
Page 23
includes but is not limited to those entities listed on Exhibit 'C" hereto. Further,
the consultant hereby warrants and covenants not to hold or obtain any interest,
financial or otherwise. (i ~ ~;~ ~,~r~,~ o,~,~1,~,,.~,~ --,,-~, ..-~; ..... ,..?,~.
or other reward or gain) as a result of any agreement with any Developer
participating in a DIF project subject to audit.
17. ( ) Consultant is Real Estate Broker and/or Salesman
18. Permitted Sub consultants:
None
19. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number: See attached Exhibit "D"
20. Security for Performance N/A
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:.
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release EVent, listed below, has occurred:
J:~Engineer~DIF_2prtyagr. doc
August 1, 2001
Standard Form Two Party Agreement (Thirteenth Revision)
Page 24
( ) Retention Percentage: . , .%
( )Retention Amount: $
Retention Release Event: ( ) Completion of All Consultant Services
( ) Other.
J:~ngineer~DIF~2prtyagr. doc
August 1, 2001
Standard Form Two Party Ag~ement (Thirteenth Revision)
Page 25
Exhibit 'B"
MunlFinanciml/WIIIdan Schedule of Hourly Rat~s
Division Manager (Mu~iFinaneial)
Division Manager (Willdan)
Principal Consultant (MuniFinancial)
Senior Project Manager (MuniFinan¢ial)
Project Manager (ManiFinan¢ial)
Senior Design Engineer II (Willdan)
~enior Design Engineer ! (Willdan)
Senior Analyst (MuniFinsn¢ial)
Design Engineer I1 (Willdan)
Design Engineer 1 (Willdan)
Analyst (MuniFinan¢ial)
~)raPmr I1 (Willdan)
~,nalyst Assistant (MuniFirum¢ial)
?roperty Owner Services Rep (MuniFinancial)
~upport Staff ~Muul/Willdan~
$180
$135
$145
$125
$105
$95
$9O
$85
$85
$80
$75
$70
$65
$50
$45
J:~Engineer~DIF_2prtyagr.doc
August 1, 2001
Standa~ Form Two Party Agreement (Thirteenth Revision)
Page 26
Exhibit "C"
Li~t of DevelopemlLandholdem
1. Ayres Land Company, Inc.
2. Brookficld Shea Otay, LLC
3. Eastlake Company, LLC
4. McMillin I_and Development
5. Otay Ranch Company
6. Trimark Pacific Homes, L.P.
J: tE ngineer~DIF_2prtyagr, doc
August 1, 2001 '
Standard Form Two Party Agreement (Thirteenth Revision)
Page 27
ATTACHMENT
Parties.and Recital Page(s)
First Amendment to th~ An~re,~me,~t bet~]ee~
City of Chula Vista
and
MuniFinancial
for auditing and administering the City's Development Impact Fee (DIF) programs
Recitals
Whereas, the City Council adopted Resolution No. 2001-344, approving an
agreement ("Original Agreement") with MuniFinancial, Inc. ("Consultant") on October
9,2001 to provide 1 ) Auditing of eligible DIF improvements; 2) Assuring compliance with
City procedures and ordinances as they apply to DIF credits; 3) Drafting documents
necessary for DIF credit approvals; and 4) Providing ongoing maintenance of a DIF
accounting system; and,
Whereas, the Request for ProPosals and Council Agenda Statement approving the
agreement anticipated a one year extension to the agreement; and,
Whereas both the City and the Consultant desire to extend the agreement term for
one year; and,
Whereas, Section 1. D of the Original Agreement provides for the inclusion of
additional duties to be performed by the Consultant if in writing, and if they are within the
scope of services offered by Consultant. and;
Whereas, Consultant warrants and represents that they are still experienced and
staffed in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms
and conditions of this First Amendment to the original Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
~/~ _~g Page 1
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultaht do hereby
mutually agree that all provisions of the Odginal Agreement shall remain in effect except as
amended as follows:
I. Exhibit A, Section 8.D shall be amended as follows:
D. Date for completion of all Consultant services: October 9, 2003
II.
Exhibit A, Section 11 .C,1.0, shall be amended as follows:
C. (X) Hourly Rate Arrangement
Maximum total compensation for this agreement shall be as follows:
Maximum
Term Compensation Notes
per year
2002/2003 $200,000 For First Amendment to agreement
If agreement extension is approved by
2003/2004 $200,000 City Manager
For performance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by Consultant
in the performance of said Services, at the rates or amounts set forth in the
Rate Schedule herein below according to the following terms and conditions:
1.0
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials
in excess of said Maximum Compensation amount, Consultant agrees
that Consultant will perform all of the Defined Services herein required
of Consultant including all Materials, and other "reimbursables"
("Maximum Compensation").
a, Project Management Services:
For all services outlined in Section 8.A.1.0 above, the maximum
compensation shall be 30 hours per month per Exhibit "B" of the
Original Agreement for a "Project Manager (MuniFinancial)".
Page 2
b. Audit of DIF-Eligible Improvements:
For all services outlined in Section 8.A.4.0 of the Original
Agreement, the maximum compensation shall be determined by
negotiation between City and Consultant at the time Consultant
submits an audit services proposal, using rates as set forth in
Exhibit "B" of the Odginal Agreement. Consultant shall use the
Maximum Compensation amount of $4,500 per $1 million of
facilities to be audited as a guideline for estimation of the
compensation amount.
Maintenance and Administration of Citywide DIF Credit Trust
Accounting:
For all services outlined in Section 8.A.5.0 above, the maximum
compensation shall be 30 hours per month per Exhibit "B" of the
Original Agreement for a 'Support Staff (MuniFinancial)".
Ill. Exhibit A, Section 11 is hereby amended to add new paragraph "D" as follows:
D. Upon the request of the City Engineer, City Manager is hereby authorized to
approve an additional extension of this agreement for a term of one year, as
approved by the City Attorney.
IV. All other terms and conditions of the Original Agreement not modified by this first
amendment shall remain in full force and effect.
[end of page. next page is .signature page.]
Page 3
Signature Page
to
~-~rs[ ^menament to tt3e Agreement Detween City of Chula Vista and MuniFinancial
for auditing and administering the City's Development Impact Fee (DIF) programs
IN WITNESS WHEREOF, City and Consultant have executed this First
Amendment thereby indicating that they have read and understood same, and indicate
their full and complete consent to its terms:
Dated:~, 200~L
Attest:
Susan Bigelow, City C~rk
Approved as to form:
John M.U~e~, ditY Atto~:n-ey ~/
Dated:
MuniFinancial
By: /~c~L~ ~/c/,~.,~,~.t
Michael McNamara,
Vice President
Financial Consulting Services
Page 4
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAiViNG THE CONSULTANT SELECTION
PROCF~q APPROVING THF ~, 5~ g;IGN~/IFNIT O~F
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MUNIF1NANCIAL, iNC. TO PACI]7IC MUNICIPAL
CONSULTANTS FOR THE AUDITING AND
ADMINISTERING OF THE CITY'S DEVELOPMENT IMPACT
FEE (DIF) PROGRAMS, AND AUTHORIZiNG THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, on October 9, 2001, by Resolution No. 2001-344, the City Council
approved an agreement with MuniFinancial, Inc for auditing and administering the City's
Development Impact Fee (DIF) programs; a first amendment was thereafter approved; and
WHEREAS, the contract administrator for the Consultant was Tom Bandy, Senior
Project Manager with additional work performed by Mark Sullivan; and
WHEREAS, these two individuals have left MuniFinancial on April 25, 2003 and
are now employed by Pacific Municipal Consultants; and
WHEREAS, it is imperative that audits of the developer's construction cost are
performed in a timely fashion; and
WHEREAS, it is in the City's best interest to maintain continuity and retain the
services of the original contract administrator; and
WHEREAS, both MuniFinancial and Pacific Municipal Consultants have agreed
to the terms of the assignment of the contract to Pacific Municipal Consultants.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby waive the consultant selection process.
BE IT FURTHER RESOLVED that the City Council does hereby approve the
Assignment of Agreement between the City of Chula Vista and MuniFinancial, Inc. to Pacific
Municipal Consultants for the auditing and administering of the City's Development Impact Fee
(DIF) programs, a copy of which shall be kept on file in the office of the City Clerk; and
authorizes the Mayor to execute said assignment on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Cliff Swanson
Director of Engineering
J:\Altorney\reso\Agreements\Pacific Municipal conslt.
City Attorney
ASSIGNMENT OF AGREEMENT
BETWEEN
CITY OF CHULA VISTA AND MUNIF1NANCIAL
TO
PAC;.F~C MU~Ci?AL CONSULTANTS
Dated. and approved by Resolution No.
This Assignment is made with reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista, by resolution 2001-344 on October 9, 2001,
approved an agreement with MuniFinancial for auditing and administering the City's
Development Impact Fee ("DIF") programs for one year ("Original Agreement"); and,
WHEREAS, the City Of Chula Vista by resolution 2002-465 on November 19, 2002
approved The First Amendment ("Agreement") to extend the term for an additional year;
and,
WHEREAS, the contract administrator named in the Agreement, Tom Bandy, formerly
of MuniFinancial, has terminated his employment with MuniFinancial and is now
employed with the firm of Pacific Municipal Consultants; and,
WHEREAS, the City is desirous of continuing to receive the DIF auditing and
administration services provided by Tom Bandy, with Pacific Municipal Consultants;
and,
WHEREAS, MuniFinancial, consents to the assignment of certain rights and obligations
of the Agreement to Pacific Municipal Consultants and,
WHEREAS, Pacific Municipal Consultants is willing and able to provide the continuity
of DIF auditing and administration services to the City under the terms of the Agreement
and will assume all DIF auditing and administration duties, obligations and liabilities as
described in this agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom,
MuniFinancial, City and Pacific Municipal Consultants do hereby mutually agree, as
follows:
Except that the City of Chula Vista shall pay MuniFinancial for all services
performed by MuniFinancial through April 25, 2003 and those costs incurred by
MuniFinancial prior to the effective date of this assignment, MuniFinancial
hereby assigns to Pacific Municipal Consultants the Original Agreement together
with all subsequent amendments thereto.
t1- ?
With the exception of services completed by MuniFinancial prior to April 26,
2003, Pacific Municipal Consultants, hereby assumes all of the obligations of
MuniFinancial arising fi-om the Original Agreement.
2003, Pacific Municipal Consultants, agrees to hold harmless, defend and
indemnify MuniFinancial and its affiliates, officers, agents and employees
("Indemnitees") fi-om and against any claims, losses, damages or liability arising
out of the performance of the Original Agreement or its amendments by
MuniFinancial and fi'om and against any claims, losses, damages or liability
arising from the performance Pacific Municipal Consultants following this
assignment. It is the intention of the parties to this agreement that this obligation
on the part of Pacific Municipal Consultants shall extend to services initiated by
MuniFinancial but not completed by MuniFinancial prior to April 26, 2003.
4. The City of Chula Vista hereby consents to this Assignment.
With the exception of services completed by MuniFinancial prior to April 26,
2003, the City of Chula Vista will look solely to Pacific Municipal Consultants
for satisfaction of any such claims, losses, damages or liability.
In order to effect this assignment, wherever the firm name "MuniFinancial"
appears on the Original Agreement or on any amendments thereto, it shall hereby
be changed t° read "Pacific Municipal Consultants".
7. In order to effect this assignment, Exhibit 'B' to the Original Agreement shall be
amended to remove it and replace it with the Exhibit "B" attached hereto.
In order to effect this assignment, Exhibit "A" to the Original Agreement, section
6 shall be amended to show the place of business and contact numbers for the
Consultant to be:
10951 Sorrento Valley Road, Suite i-A,
San Diego, CA 92121
Office: 858/453-3602
Fax: 858/453-3628
Except as expressly provided herein all other provisions of the Agreement shall
remain in full force and effect, except that MuniFinancial shall have no further
obligations thereunder and such obligations shall be performed by Pacific Municipal
Consultants
9. This Assignment shall be effective as of the date of City Council approval.
2
10. In order to effect this assignment, Exhibit "A" to the Ori~nal Agreement,
Paragraph 1 I(C)I.0 to read as follows:
Maximum
Term Compensation Notes
per year
For First Amendment to agreement, less the
2002/2003 $200,000 MuniFinancial invoiced amount, through
April 25.2003
2003/2004 $200,000 If agreement extension is approved by City
Manager
For performance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by
Consfiltant in the performance of said Services, at the rates or amounts set
forth in the Rate Schedule herein below according to the following terms
and conditions:
1.0 (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the Defined
Services herein required of Consultant including all Materials, and
other "reimbursables" ("Maximum Compensation").
a. Project Management Services:
For all services outlined in Section 8.A.1.0 above, the
maximum compensation shall be 30 hours per month for a
proiect manater per Exhi~bit "B" attached hereto.
b. Audit of DIF-Eligible Improvements:
For all services outlined in Section 8.A.4.0 of the Original
Agreement, the maximum compensation shall be determined
by negotiation between City and Consultant at the time
Consultant submits an audit services proposal, using rates as
set forth in Exhibit "B" of the Original Agreement. Consultant
shall use the Maximum Compensation amount of $4,500 per $1
million of facilities to be audited as a guideline for estimation
of the compensation amount.
3
Maintenance and Administration of Citywide DIF Credit Trust
Accounting: ~
For all services outlined in Section 8.A.5.0 above, the
maximum compensation shall be 30 hours per month for a
"Support Staffper Exhibit "B" attached hereto.
[Next Page is Signature Page]
4
SIGNATURE PAGE
ASSIGNMENT OF AGREEMENT BETWEEN
CITY OF CHULA VISTA AND MUNIFINANCIAL
Dated
and approved by Resolution No.
IN WITNESS WHEREOF, City, MuniFinancial, and Pacific Municipal Consultants,
have executed this Assignment of Agreement thereby indicating that they have read and
understood the same and indicate their full and complete consent to its terms:
Dated ,2003
Attest:
CITY OF CHULA VISTA
By:
Stephen Padilla, Mayor
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attomey
Dated: ~Y / ~ ,2003
l
Dated: (o-(~ ,2003
PACIFIC MUNICIPAL CONSULTANTS
By:. ~/~'·
MUNIFINANCIAL
5
Exhibit "B"
SCHEDULE OF RATES AND CHARGES
]~.:~,~-/~_~9~ ~-c:,.~.~er ~.~
MANAGEMENT
Principal $150
Associate Principal $125
Seeior Associate $ I I 0
PLANNING
Principal Planner $ 100
Project Manager $95
Senior Planner/Project Planner $85
Associate Planner II $80
Associate Planner I $75
Assistant Planner II $70
Assistant Planner I $65
Planning Technician $55
ENGINEERING
City Engineer $ 100
Senior Engineer $95
Associate Engineer $85
Designer (CADD) $80
Plan Check Engineer $70
Engineering Technician $50
Supervising Public Works Observer $80
Senior Public Works Observer $70
Public Works Observer $65
PLEASE NOTE:
BUILDING AND SAFETY
Building Official
Depu~/Building Official
Supervising Plan Check Engineer
Plan Check Engineer
Plans Examiner
Plans Examiner Aide
Supervising Building Inspector
Building Inspector
Permit Specialist
FISCAL/ECONOMIC
Principal Financial Consultant
Principal Economist
Senior Financial Consultant
Senior Economist
Facilities Specialist
Finance Analyst
ADMINISTRATIVE
Administrative Support II
Administrative Support I
Overtime rates charged at 150%, Sundays and Holidays charged at 200% of standard rates.
Ail outside services and direct expenses are charged at cost plus 10%.
Overtime and/or outside charges will not be incurred without prior authorization by client.
$100
$85
$80
$75
$50
$80
$7O
$50
$125
$100
$95
$90
$85
$75
$50
$4o
This schedule is intented to be used as a guide only. Final rat. es, fees, and/or charges will be based upon the
agreed upon scope of work for each project, contract, and/or assignment
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item NO.: / ~)~-
Meeting Date: 07/08/03
Resolution of the City Council of the City of Chula Vista
approving the Second Amendment to an agreement between the City of
Chula Vista and Marion B. Borg Environmental Consulting services
related to mitigation monitoring and reporting, preparation of
environmental documents and the coordination and oversight of the
preparation of environmental documents and authorizing the Mayor to
execute said Second Amendment.
Director of Planning and Building/~
City Manager (4/Sths Vote: Yes__No X )
The item before the City Council is a request to approve the Second
Amendment to an existing contract with Marion B. Borg Environmental
Consulting for environmental consulting services related to mitigation
monitoring, and reporting preparation of environmental documents and
the coordination and oversight of the preparation of environmental
documents for eastern Chula Vista master planned community projects.
The Second Amendment is for au amount not to exceed $86,000.
RECOMMENDATION:
That the City Council adopt the Resolution of the City Council of the City of Chula Vista
approving the Second Amendment of the agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The continuing services of Marion B. Borg Environmental Consulting is needed for the
environmental processing of projects such as the Wolf Canyon Trunk Sewer Project and
mitigation monitoring for such projects as Eastlake Village Center North Shopping Center,
EastLake's Kohl's Project, EastLake "Land Swap" property and San Miguel Ranch.
Page 2, Item No.:
Meeting Date: 07/08/03
Consultant Services
Marion B. Borg, Environmental Consulting
In October 2001, the City entered into a contract (Original Agreement) with Marion B.
Borg Environmental Consulting for the purpose of: a) mitigation monitoring to insure
applicant's compliance with the California Environmental Quality Act for master planned
community projects, such as the San Miguel Ranch and EastLake; b) preparing
environmental documents such as initial studies, negative declarations and mitigated
negative declarations for projects in eastern Chula Vista; and 3,) providing oversight and
coordination of environmental documents such as Environmental Impact Reports for
eastern Chula Vista master planned community projects.
In April 2002, the City entered into a First Amendment to agreement with Marion B. Borg
Environmental Consulting to continue environmental consulting services specified in the
Original Agreement.
The projects that Marion B. Borg Environmental Consulting would be assigned to are time
sensitive and environmental processing delays would be detrimental to the City of Chula
Vista. Based upon Marion B. Borg Environmental Consulting's intimate knowledge of
these projects, extensive experience working for the City of Chula Vista as an extension of
Environmental Review Section staff, and satisfactory performance on numerous complex
and time-sensitive projects to date, the continuity of environmental project management
that would be achieved through the approval of the Second Amendment would enable the
City to meet the environmental processing demands of these important projects on
schedule.
Scope of work
The detailed scope of work for Marion B. Borg Consulting is set forth in Attachment 3.
FISCAL IMPACT:
The proposed Second Amendment will add $86,000 to the total services provided to the
City by the Consultant and cover services to be provided through June 30, 2004. The
original contract was for $49,500 and covered services through April 30, 2002. The First
Amendment added $74,200 to the original agreement and covered services through June
30, 2003. Total contract value of services provided to the City by the Consultant is
$209,700 over a three-year period. Funding for all services has been and will continue to
be completely covered by developer deposit reimbursements.
-7_
Page 3, Item No.:
Meeting Date: 07/08/03
Attachments
1. Original Contract with Marion B. Borg Environmental Consulting dated October 2001.
2. First Amendment' to agreement between the City of Chula Vista and Marion B. Borg
Environmental Consulting.
3. Second Amendment to agreement between the City of Chula Vista and Marion B. Borg
Environmental Consulting.
J:\Planning\MARNIB\templates\COUNCIL AGENDA STATEMENT Marni.doc
Parties and Recital Page(s)
Agreement between
City-of Chula Vista
and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
This agreement ("Agreement"), dated/W- &-'--d/ , for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph i is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit
A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the expertise of an Environmental Consultant is necessary and requires the
hiring of a Consultant; and
WHEREAS, the Consultant is currently on the City's list of certified environmental
consultants; and
WHEREAS, implementation of the Planning & Building Department's work plan
necessitates the expertise of an environmental consultant and requires the hiring of an
environmental consultant; and
WHEREAS, the Consultant has demonstrated the ability to perform mitigation
monitoring, and the preparation of environmental documents while working as a Temporary
Expert Professional for the City of Chula Vista; and
WHEREAS, the Consultant is uniquely familiar with the City's environmental process
and procedures; and
WHEREAS, it is in the City's best interest to waive the City's formal bidding process as
well as impractical, in that the City is in immediate need of an experienced environmental
consultant; and
WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this
contract based on the firm's experience and expertise with environmental impact assessment,
resource management and mitigation monitoring within this region.
J:\Planning\MARILYN\MBBContractrevised.doc
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WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time times herein provided all in accordance with the terms and conditions of this
Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties".
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
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the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a maimer consistent with that level of care and skill
ordinarily exemised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Compardes that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commemial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away fi.om premises owned or rented by Consultant, which names City
as an Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Pr/mary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
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Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
H. Security for Performance
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attomey which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"),
then Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Iitle 5 of the Chula Vista Municipal Code.
2. Duties o£the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
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achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more fi-equently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph t 1, adjacent to the governing compensation i'elationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable thereunder
is proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
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Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in 'the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
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E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
. any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or finns for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for (i) those claims, damages, liability, costs and expenses
(including without limitation, attorney fees) arising from the sole negligence or sole willful
misconduct of the City its officers, employees, or (ii) with respect to losses arising from
Consultant's professional errors or omissions, those claims arising from the negligence or willful
J:\Planning\MARILYN\MBBContractrevised.doc
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misconduct of City its officers, employees. Consultant's indemnification shall include any and
all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or
employees in defending against such claims, whether the same proceed to judgment or not.
Consultant's obligations under this Section shall not be limited by any prior or subsequent
declaration by the Consultant. Consultant's obligations under this Section shall survive the
termination of this Agreement.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
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11. Assignability
The services of Consultant are pefgonal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in
the United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of the-m shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
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15. Attorney's Fees
ShoUld a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party
who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in
dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant Tepresents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
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modified, waived or discharged except by an instrument in writing executed by the party against
xvhich enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing Law/Venue
This Agreement shall be govemed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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12 -I¢
Page
Signature Page
to
Agreement between City of Chula Vista and Marion B. Borg Environmental Consulting
for
environmental consulting services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated: ,2001
City of Chula Vista
David D. Rowlands, Jr.
City Manager
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Jo~ 1~! I~ah~y, City Attorney ~'
Dated:
Marion B. Borg Enviornmental Consulting
Marion B. Borg, Owner O
Exhibit List to Agreement
(X) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Marion B. Borg Environmental Consulting
1. Effective Date of Agreement: October 5, 2001
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
()
Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: , a [insert business
form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Marion B. Borg Environmental Consulting.
Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
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6. Place of Business, Telephone and Fax Number of Consultant:
16110 Country Day Road
Poway, CA 92064
Telephone (858) 676-7987; Fax Number (858) 676-0646
General Duties: Under the direction of the Environmental Review Coordinator Marion B.
Borg Environmental Consulting will function as an Environmental Consultant acting as an
extension of the Environmental Review Section staff on various projects.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: The primary responsibility of the Environmental
Consultant will be to provide environmental review and assessment support to City staff
pertaining to environmental projects as identified and approved by the Environmental
Review Coordinator. At the direction of City staff, tasks will include but are not limited
to:
Mitigation Monitoring: Verification of Applicant's compliance with the San
Miguel Ranch Final EIR (EIR 97-02) Mitigation Monitoring and Reporting
Program (MMRP) and associated agreements as they relate to the MMRP
including but not limited to review of grading plans, improvement plans,
revegetation/habitat enhancement plans and Final Maps; preparation of
environmental documents (i.e., Initial Studies, Negative Declarations/
Mitigated Negative Declarations and Addendums) necessary for the
implementation of the San Miguel Ranch Sectional Planning Area (SPA) plan,
site visits, meetings with the applicant, team meetings and any other activity
deemed necessary by the Environmental Review Coordinator to assure
Applicant's compliance with the FSEIR for San Miguel Ranch (EIR 97-02);
and
Preparation of Environmental Documents: As deemed necessary by the
Environmental Review Coordinator, preparation of environmental documents
including Initial Studies, Negative Declarations, Mitigated Negative
Declarations and Addendurns to previously prepared documents for projects
within, but not limited to the Planned Communities located in Eastern Chula
Vista including the Otay Ranch and EastLake; and
Coordination and Oversight of the Preparation of Environmental Documents:
As directed by the Environmental Review Coordinator, coordinate the
preparation of City environmental documents such as Environmental Impact
Reports and Supplemental Environmental Impact Reports including
preparation of Notices of Preparation, review of screen check drafts,
coordination of public review of documents, preparation of staff reports to
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Planning Commission and City Council, review of draft Findings of Fact and
any necessary statements of overriding considerations and mitigation
monitoring reporting pr6gram related to the environmental document.
All tasks associated with this contract shall be coordinated with and have prior
authorization by the Environmental Review Coordinator who will be overseeing
administration of the contract. All work performed by the environmental Consultant shall
be performed to the satisfaction of the City's Environmental Review Coordinator.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables: N/A
Deliverable No. 1:
Deliverable No. 2:
Deliverable No. 3:
D. Date for completion of all Consultant services: April I, 2002
9. Insurance Requirements:
( ) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant: All applicable previous
environmental documentation the Environmental Review Coordinator deems relevant to each
assigned task for each project.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
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12- -/2
Page 15
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the mounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall
not commence Services under any Phase, and shall not be entitled to the compensation for a
Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
Fee for Said Phase
9/26/01
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Page 16
()
1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for- each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest fxee loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the De£med Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $49,500.00 including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2)
( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$49,500 ("Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
9t26/01
J:\Planning\MARILYN\MBBContractrevised.doc
Page 17
Rate Schedule
Category of Employee
of Consultant
Hourly
Name Rate
Project Manager
Marion B. Borg $90.00
(X) Hourly rates may increase annually by 3% for services rendered after January 2002.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
(X) Reports, not to exceed $ :
(X) Copies, not to exceed $ :
(X) Travel, not to exceed $ :
(X) Printing, not to exceed $ :
(X) Postage, not to exceed $ :
(X) Delivery, not to exceed $ __:
( ) Long Distance Telephone Charges,
not to exceed $ :
(X) Other Actual Identifiable Direct Costs:
not to exceed $ : -
Cost + 15%
Cost + 15%
$0.32/mile
Cost + 15%
Cost + 15%
Cost + 15%
N/A
Cost +15%
13. Contract Admin/strators:
City:
Marilyn R.F. Ponseggi, Environmental Review Coordinator
Consultant: Marion B. Borg, Marion B. Borg Environmental Consulting
14. Liquidated Damages Rate: N/A
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( X ) Not Applicable. Not an FPPC Filer.
9/26/01
J:\Planning\MARILYN\MBBContractrevised.doc
Page 18
( ) FPPC Filer
Category No. 1. Investments and sources of income.
Category No. 2. Interests in real property.
Category No. 3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
Category No. 4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
Category No. 5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
Category No. 6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any: None
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants: None
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
9/26/01
J:\Planning\MARILYN\MBBContractrevised.doc
Pagel9
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: To be assigned after a~eement is processed
19. Security for Per formance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:_
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiting the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Environmental Review Coordinator.
( ) Other:
9/26/01
J:\Planning\MARILYN\M BBContractrevised.doc
Page 20
FIRST AMENDMENT
to the Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This First Amendment is effective as of April 2, 2002 by and between the City of Chula Vista
("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the
following facts:
WHEREAS, City and Consultant previously entered into an agreement on October 5,
2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental
documents and coordination and oversee the preparation of other environmental documents
("Original Agreement"); and
WHEREAS, Exhibit A, item 8D required Consultant to complete all services by April 1,
2002; and
WHEREAS, Exhibit A, item l lC required Consultant to complete all services for
$49.500 including all materials, and other "reimbursable" ("Maximum Compensation"); and
WHEREAS, the workload has continued and professional environmental consulting
services continue to be needed; and
WHEREAS, Consultant is uniquely qualified due to previous work in this project area
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of ail
Consultant Services, is hereby amended to read as follows:
June 30, 2003
2. Exhibit A, item 1 iC (1) of the Original Agreement, entitled Compensation, is hereby
amended to read as follows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
defined services herein required of Consultant for $74,260 including all Materials, and other
"reimbursables" ("Maximum Compensation").
/z
All other terms and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
SIGNATURE PAGE
TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MARION B. BORG ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
Marion B. Borg Environmental Consulting
Shirley H(~/ton, Mayor
Marion B. Borg
Dated: Dated:
Approved as to form:
eny, City Attorne3~'
J :\Planning~RosemarieUim~vlarni Contract_doc
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
U UU ~:nn Mo~re~
City Attomey
Dated: ~.~
Second Amendment to the
Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting for
Environmental ConsultingServices
SECOND AMENDMENT
To the Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This Second Amendment is effective as of by and between the City of Chula Vista
("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the
following facts:
WHEREAS, City and Consultant previously entered into an agreement on October 5,
2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental
documents and coordinate and oversee the preparation of other environmental documents
("Original Agreement"); and
WHEREAS, City and Consultant previously entered into a First Amendment to the
Original Agreement on April 2, 2002 to continue environmental consulting services specified in
the Original Agreement; and
WHEREAS, the workload has continued and professional environmental consulting
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and experience acting as an extension of the Environmental Review Section staff on
various projects; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Environmental Review Coordinator;
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
June30,2004
2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, is hereby
amended to read as follows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amotmt, Consultant agrees that Consultant will perform all of the
defined services herein required of Consultant from the date of this Second Amendment to
June 30, 2004, for $86,000 including all Materials, and other "reimburseables" ("Maximum
Compensation").
3. All other terms and conditions of the Original Agreement and First Amendment not
specifically modified by this Second Amendment shall remain in full force and effect.
SIGNATURE PAGE
TO SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
1N WITNESS THEREOF, City and Consultant have executed this Second Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
By:.
Marion B. Borg Environmental Consulting
Dated:
Approved as to form:
Dated:
Ann Moore, City Attorney
J:kPlanningWiARNIB\tcmplates~contractamdmtMBB.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SECOND AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES
RELATED TO MITIGATION MONITORING AND REPORTING,
PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE
COORDINATION AND OVERSIGHT OF THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, in October 200l City and Consultant entered into an agreement for services
related to the California Environmental Quality Act and thereafter, in April 2002, the City entered
into a First Amendment to agreement with Marion B. Borg Enviromnental Consulting to continue
environmental consulting services specified in the Original Agreement; and
WHEREAS, the projects that Marion B. Borg Environmental Consulting would be assigned
to are time sensitive and environmental processing delays would be detrimental to the City of Chula
Vista; and
w t-mtq~Aa, oasea upon Marion 13. Borg tznvtronmental ConsulUng's intimate knowledge ot
these projects, and satisfactory performance on numerous complex and time-sensitive projects to
date, the City will receive continuity of enviromnental services which are in the City's best interests;
and
WHEREAS, approval of the Second Amendment would enable the City to meet the
environmental processing demands of important projects on schedule; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the Second Amendment to an agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting services related to mitigation monitoring and reporting,
preparation of environmental documents and the coordination and oversight of the preparation of
environmental documents, a copy of which shall be kept on file in the City Clerk's office.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Second Amendment on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Robert Leiter
Director of Planning & Building
City Attorney
J:\Attorney\RESO\AMENDMENTS\Marion B. Borg 2nd Amend.doc
/2-27
PAGE 1, ITEM NO.: /~
MEETING DATE: 07/08/03
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(1) APPROPRIATING $88,500 FROM THE FY 2002-2003 CDBG HI-
TECH/BIOTECH FEE REDUCTION PROGRAM FOR THE PROFIL
INSTITUTE FOR CLINICAL RESEARCH; (2) APPROVING THE CDBG
AGREEMENT WITH THE PROFIL INSTITUTE FOR CLINICAL
RESEARCH; AND (3) AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
SUBMITTEDREvlEWED BY: COMMUNITY DEY~ELOPMENT/~/~ DIRECTOR~
BY: ciTY MANAGER
BACKGROUND
4/5THS VOTE: YES ~ NO ~
Profil Institute for Clinical Research (Profil) is a German based bio-tech company that conduds
clinical trial studies to help develop medicines and devices for the treatment of diabetes and obesity
related illnesses. These studies are conducted under contract to large pharmaceutical and biotech
companies, many of which are located throughout the San Diego region. Following a six-month site
selection process, Profil has selected to locate its new U.S. offices in a 8,332 sq. fl. office at the
Centre Medical Plaza at 855 Third Avenue. Upon their anticipated opening in early October, Profil
is expected to employ 25 employees including physicians, nurses, research scientists, and support
staff. Recruitment of Profil to Chula Vista represents a benchmark for the City, bringing biotech
professionals to our business community and the potential for the City to form future relationships
with their biotech clients.
During the six month recruitment, Profil considered several locations in Mid and North County San
Diego - many that offered discounted lease rates due to the surplus of office space resulting from
the dotcom bust and the slow economy. Profil narrowed their choices to 2 buildings - one in the
Kearny Mesa area and 855 Third Avenue. A comparison of the two competing leases showed that
the Kearney Mesa building lease cost $650,000 less than the Chula Vista lease over the 7 year lease
term. In partnership with the landlord - West Mountain Real Estate - the City submitted a proposal
to Profil offering financial incentives to help close the financial "gap" (see a~tachmenf). The landlord
has offered concessions including rent at half price for the first year, a discounted rate for the
remaining 6 years, and additional Tenant Improvement allowance of $120,000 - for a total
concession of $320,454. The City has offered, subject to Council approval, a CDBG grant of
$88,500, to help decrease first year lease costs for a total financial incentive to Profil of $408,954.
These incentives, along with other lease adjustments, narrowed the cost differential to $103,129.
Another key incentive was the cooperation of Planning and Building Department in determining
PAGE 2, ITEM NO.:
MEETING DATE:
07/08/03
preliminary permit approvals that will allow Profil to meet its contradual deadline for starting clinical
trials.
Staff is seeking Council approval of the appropriation of $88,500 from the FY 2002/03 CDBG-
funded Hitech/Biotech Fee Reduction Program for the grant award to Profil.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution: (1) appropriating $88,500 from the
FY 2002-2003 CDBG Hi-tech/Biotech Fee Reduction Program for the Profil Institute for Clinical
Research; (2) approving the CDBG agreement with the Profil Institute for Clinical Research, and
(3) authorizing the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
RECRUITMENT EFFORTS
Since 1998, Profil has enjoyed significant scientific and commercial success conduding diabetes
and obesity related clinical trials out of its facilities in Neuss, Germany. Since starting operations,
Profil has conducted over 100 studies on behalf of clients including prominent biopharmaceutical
companies such as Amylin, Eli Lilly, Novo Nordisk, Aventis, Pfizer, Takeda, and GSK. Working
on behalf of these clients, Profil conducts Food and Drug Administration (FDA) approved clinical
trials to study the impact of medicines and devices in the treatment of diabetes and obesity
related ailments. Given the emergence of the pharmaceutical industry in San Diego County,
Profil sought to establish an office closer to its clients and began a site search throughout the
region.
In January 2003, the San Diego Regional EDC referred Profil to Chula Vista. Staff proactively
assisted the company by providing numerous tours of the City and candidate facilities,
coordinating meetings and negotiations with Scripps and Sharp Hospitals, meeting with office
space leasing agents, and helping Profil understand state and local regulatory requirements.
With the help of the Planning, Building, and Fire Departments, staff was able to provide Profil
expedited preliminary permit approvals critical to their project schedule. In addition, staff
facilitated assistance from the South County Career Center and local lenders. Finally, staff
analyzed the proposed lease terms for the ~wo sites to determine the City's competitive position.
Identifying an estimated $650,000 lease cost gap, staff worked with the local properly owner to
craft a joint proposal to narrow lease cost gap to $103,000.
PAGE 3, ITEM NO.: /~
MEETING DATE: ,4)7/08/03
BENEFITS TO CHULA VISTA
The successful recruitment of Profil is a significant event in the City's efforts to seed the
development of a future biotech cluster and offers severak benefits to the City, including:
1. New High-paying Jobs
Profil plans to hire 20-25 professional, highly paid employees including physicians, nurses,
research scientists, and administrative support staff. As Profil's business contracts expand, the
firm will hire more employees providing additional quality job opportunities for Chula Vista
residents. Along with the jobs comes increased spending on homes, goods, and services, which
supports local businesses and generates tax revenues for the City.
2. Biotechnology Industry Cluster Development
As an internationally respected business with ties to the region's leading bio-tech companies,
Profil's presence will support the City's efforts to build a local biotech industry - a targeted cluster
industry under the City's Economic Development Strategy. A~tracting Profil represents the city's
first step towards creating this cluster. Profil's clients are among the most prominent biotech'
companies in the region and the nation; many of these, such as Pfizer and Eli Lily, are listed
among Fortune 500's biggest companies. Having Profil as a local business partner will help
establish credibility for the City's biotech recruitment efforts and hopefully open doors for
ne~vorking efforts with regional, national and international biotech firms.
3. Economic Development Strategy (EDS) Implementation
Profil's recruitment helps to meet newly adopted EDS goals. By locating their offices in Centre
Medical Plaza at 855 Third Avenue, Profil is increasing investment in Chula Vista's Urban Core
(Goal 1). As a hi-tech, research-oriented biotech firm, Profil helps diversify the City's economic
base (Goal 2). And as previously noted, Profil helps the City to begin to build one of its targeted
cluster industries.
4. Research and Medical Attention Benefiting the Community
According to the American Medical Association, the probability of contracting diabetes is ~wice as
common in minorities as compared to white populations. Approximately 67% of Chula Vista's
population is comprised of minority groups susceptible to the ravages of diabetes. Local residents
will have the opportunity to participate in Profil's studies, and ultimately may be able to directly
benefit from the medical advances developed through their research. In addition, participating
residents will receive baseline medical information (i.e. blood glucose levels, blood pressure
readings, and other vital medical statistics) that could alert them to health concerns that should
receive follow-up care from other health care professionals.
PAGE 4, ITEM NO.:
MEETING DATE: 07/08/03
CITY CDBG AGREEMENT WITH PROFIL
City Obligations
Under the agreement, the City will provide Profil a CDBG grant in the amount of $88,500. Profil
will receive reimbursement of paid lease expenses in 12 equal monthly payments to help offset 1't
year lease costs. Through this grant, and additional rent concessions from the landlord, Profil's
first year lease rate drops to $1.20 s.f. from the original $2.35 s.f. This incentive is structured to
deliver the highest benefit to Profil's start-up U.S. corporation which will experience initial cash
flow constraints.
Profil's Obligations
In exchange for the CDBG grant, Profil agrees to:
· Refund 100% of the grant to the City in the event that their lease is vacated during its first
year.
· Refund a prorated amount of the grant, decreasing by 14.285% per year, in the event
Profil vacates its lease and locates outside the City of Chub Vista prior to the end of the 7-
year term.
· Meet Federal CDBG program objectives by creating 2.5 FTE jobs for Iow and moderate
income persons.
· Coordinate recruitment and hiring efforts with the South Count/Career Center, which will
help them find qualified local job applicants and meet CDBG regulations.
LANDLORD CONCESSIONS VIA LEASE AGREEMENT
The landlord of Centre Medical Plaza, West Mountain Real Estate will contribute $320,454 in
lease concessions, including:
· Rent reduction of $26,482 towards Profil's first year ~ease costs
· Rent reduction in years 2 - 7 for a lease concession of $173,972
· Increased tenant improvement allowance of $120,000.
The landlord also agrees to make space available for Profil's planned future expansions.
PAGE 5, ITEM NO.: /~
MEBTING DATE: 07/08/03
FISCAL IMPACT
LANDLORD INCENTIVES · Lease concession of $200,454
Increased Tenant improvement allowance of $120,000
· Total concessions: $320,454
CITY INCENTIVES
· $88,500 CDBG grant to Profil
· No use of General Fund monies
The $88,500 CDBG grant wilt be appropriated from the FY 2002-2003 CDBG Hi-Tech/Biotech
Fee Reduction Program, which currently has a balance of $90,900. (An additional $100,000 is
allocated to this program as part of the City's FY 2004 CDBG allocation.)
ATTACHMENTS
1. Agreement between the City of Chula Vista and the Profil Institute for Clinical Research
2. Final proposal to Profil - June 6, 2003
J:\COMMDEV~STAFF.REP\O 7-08-03\PROFIL.doc
ATTACHMENT I
AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF THE
PROFIL INSTITUTE FOR CLINICAL RESEARCH
IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT is made this July 8, 2003, for the purposes of reference only, and
effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a
municipal corporation of the State of California, and Profil Institute for Clinical Research ("Grantee"), and
is made with reference to the following facts:
RECITALS
WHEREAS, the City participates in the Community Development Block Grant (CDBG)
Program, a principal goal of which is to fund programs and services which will benefit low and moderate-
income Chula Vista households; and,
WHEREAS, the City has entered into a separate funding agreement with HUD for the
City's annual CDBG entitlement.
WHEREAS, the City Council of the City of Chula Vista held a public hearing on March 5,
2002 to receive public comment to receive public comment and testimony. CDBG entitlement funds were
allocated on May 14, 2002, a portion of which was allocated for the Hi-Tech/Biotech Fee Reduction
Program and a subsequent portion appropriated to the Profil Institute for Clinical Research by the City
Council of the City of Chula Vista on July 8, 2003; and
WHEREAS, HUD requires the execution of a written agreement setting the terms and
obligations for the expenditure of CDBG funds by the Grantee;
NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein
expressed, the parties hereto agree as follows:
1. Term of Agreement. The term of this agreement shall be for a period of seven
years (7) year, from the date the lease term commences at 855 3~a Avenue, Chula Vista ("the Site"),
currently estimated to be October 1, 2003 through September 30, 2010.
2. Statement of Work. The Grantee shall meet the job creation requirements outlined
in Exhibit A, attached hereto and incorporated herein. These requirements shall be met during the term of
this agreement and according to the parameters also outlined in Exhibit A, attached hereto and incorporated
herein.
3. ' Low Income Requirement. The services to be performed by Grantee shall be
provided primarily to persons of low income households. A minimum of 51% of the persons provided
services shall be of low income, as determined by the most current HUD Income Limits for the San Diego
SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use
reasonable means to determine the income level of each person or family served.
4. Compensation and Budget. In consideration, on October 1, 2003 and for 11
months thereafter, for so long as the Gramee occupies space at the Site, the City shall pay the Grantee a
monthly payment of $7,375 to offset lease costs at the Site. Monthly payment shall occur on the first day of
each month as outlined in Exhibit B.
5. Financial Records and Audits_. The Grantee shall maintain all financial records for
three years following the term of this Agreement. The City, at its discretion may require the Grantee to
provide or allow the City to undertake a complete financial and program audit of its records pertaining to
the use of CDBG funds.
6. Represematives. The Community Development Director, or his/her designated
representative, shall represent the City in all matters of this Agreement.. The CEO, or his/her designated
representative, shall represent Grantee in all matters of the Agreement.
7. Uniform Administrative Requirements. The Grantee shall comply with the
applicable uniform administrative requirements as described in HUD regulation 24CFR 570.502. This
HUD regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments".
8. Other Program Requirements. The Grantee shall carry out each activity specified
under this Agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the
following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR
570.604; b) The Grantee does not assume responsibility for initiating the review process under the
provisions of 24 CFR 570.612.
9. Program Income. Any program income derived from CDBG funds shall be
reported to the City and shall only be used by grantee for the services funded under this Agreement.
Program Income is defined as interest received on funds placed in an interest-bearing account with a
financial institution. All provisions of this Agreement shall apply to the use of program income for said
activities. Said program income shall be substantially disbursed for said services before the City will make
additional reimbursements to the Grantee. If said program income is on hand when this agreement expires,
or is received after expiration of this agreement, then said program income shall be paid to the City.
10. Drug-free Workplace. The Grantee shall maintain a drug-free workplace at all
times for the duration of this contract.
11. Lobbying of Federal Officials. The Grantee shall not use any funds provided under
this Agreement to pay any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned
purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions (Exhibit D).
2
12. Insurance. Grantee represents that it, its agents, and staff employed by it, are
protected by the following insurance coverage: Worker's Compensation insurance, where applicable by
law; and General Liability insurance including bodily injury and property damage coverage to the extent
required by this Agreement. Grantee will provide to the City, prior to commencement of the services
required under this Agreement, the following certificates of insurance: a) Statutory Worker's Compensation
coverage; b) General Liability coverage m $1,000,000 combined single limit which names the City as an
Additional Insured, and which is primary to any policy which the City may otherwise carry ("primary
coverage"), and which treats the employees of the City in the same manner as members of the general
public ("cross-liability coverage"). The insurance shall be issued by an AdmiRed insurer with an AM
Best's rating of A-V or better, except as otherwise approved by the City at its sole discretion.
13. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its
elected and appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any
agency or employee, or others in connections with the execution of the work covered by this Agreement,
except only for those claims arising from the sole negligence or sole w'illful misconduct of the City, its
officers, or employees: Grantee indemnification shall include any and all costs, expenses, attorney's fees
and liability incurred by the City, its officers and agents, or employees in defending against such claims,
whether the same proceed to judgment or not. Further, Grantee at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officer, agents, or
employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration
by the Grantee and shall survive the termination of this agreement.
14. _Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43,
Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to
default by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to
circumstances within or beyond the Grantee's control. The award may be terminated for.convenience in
accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of
California.
15. Agreement Modification. This Agreement may not be modified orally or in any
manner other than by an agreement in writing signed by the parties hereto.
16. Breach of Contract. The parties reserve the right to pursue any remedy provided
under California law for remedy in instances where contractors violate or breach contract terms.
17. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer to
the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG funds, including any program income derived from CDBG funds.
18. Entire Agreement. This Agreement represents the entire agreement between the
parties and supersedes any previous or contemporaneous written or oral agreements.
Next Page Signature Page
3
7/3/2003 7:06 PM FROM: Fax pROFIL TO: 0016194765~10 PAGE: 002 OF 002
IN WITNESS WHEREOF, City and Orantee have execu~d this Agreement this
2003.
CITY OF CHULA VISTA
day of
Steven C. Padilla
Mayor, City of Chula Vista
APPROVED AS TO FOR/VI
City Attorney
ATTEST
City Clerk
Prof~h
J:\COMMDEV\DUCOTE\ProfiI\CDBG Agreement - Job creation.doc
Exhibit A
Background
Profil Institute for Clinical Research is a bio-tech research company that conducts clinical trials for
pharmaceutical companies researching diabetes and obesity-related ilhicsses. Through these trials
and research, Profil will help develop new medicines and devices useful in the treatment and
possible prevention of obesity and diabetes illnesses. Profil's selection of Chula Vista for its new
offices, from which it ual! conduct this research, will provide many tangible benefits to the
community. Upon start of operations in early October, Profil is expected to employ approximately
20 employees, over the next 18 months, including physicians, research scientists, nurses, and
administrative support staff. Profil has been actively working with the South County Career
Center/Workforce partnership Inc. to develop recruitment and hiring strategies to fill these positions
with qualified local applicants. As a result, the local community will benefit from the quality
employment opportunities created through Profil's move to Chula Vista.
In consideration of these benefits, the City of Chula Vista shall grant the Profil Institute for Clinical
Research a Community Development Block Grant (CDBG) in the amount of $88,500 to assist them
in locating in Chula Vista by paying a portion of their first year lease costs at 855 Third Avenue,
Suite 4400, Chula Vista, California.
Job Creation Requirements
In exchange for this grant, Profil agrees to meet Conununity Development Block Grant
requirements for job creation. For an economic development activity that creates jobs, a company
is required to create, or make available through recruitment efforts, one full time equivalent
permanent job for $35,000 of CDBG funds used. Therefore, Profil must create a minimum of two
and one half jobs in the City of Chula Vista to be filled by or made available to low and moderate
income (LMI) persons.
South County Career Center/Workforce Partnership Inc.
Profil shall continue to coordinate its initial job recruitment and hiring efforts with the South
County Career Center (SCCC)/Workforee Partnership Inc (WPI). Working with the SCCC/WPI
will assist Profil in finding qualified local applicants and assist them in meeting CDBG regulations
for reporting and job creation. Profil shall work with the SCCC/WPI to develop a strategy to
promote available job opportunities to the local community and to recruit qualified Chula Vista
applicants. A copy of the strategy shall be forwarded to the City by December 31, 2003. Profil
shall enter into an Agreement with the SCCC/WPI to formalize this arrangement. This standard
Agreement is attached as Exhibit E.
Although Profil is encouraged to consider Chula Vista residents for employment opportunities, they
are under no obligation to hire anyone referred through the SCCC/WPI or prevented from using
other reqruiting efforts, companies, or hiring methods to fill thei[ employment opportunities.
Exhibit B
Payment Schedule
On October 1, 2003 and for the next 11 subsequent months thereafter, Profil shall submit an invoice
to the City in the amount of $7,375.00. Upon monthly receipt of this invoice, the City shall remit a
check to Profil for this amount to offset their first year lease costs at 855 Third Avenue, Suite 4400,
Chula Vista, California. Upon receipt of an invoice~ the City. ~h~ll make payments to Profil
according to the following schedule:
Date Amount
October 1, 2003 $7,375.00
November 1, 2003 $7,375.00
December 1, 2003 $7,375.00
January 1, 2004 $7,375.00
February 1, 2004 $7,375.00
March 1, 2004 $7,375.00
April 1, 2004 $7,375.00
May 1, 2004 $7,375.00
June 1, 2004 $7,375.00
July 1, 2004 $7,375.00
August 1, 2004 $7,375.00
September 1, 2004 $7,375.00
Total: (Maximum Grant Amount) $88,500.00
Lease Vacation - Repayment Schedule
Profil shall refund all funds received from the City in the event that Profil vacates its lease and
relocates outside of the City anytime during the period of October 1, 2003 through September 30,
2004. Profil shall refund a prorated amount of the grant, decreasing by 14.285% per year, to the
City in the event Profil decides to relocate outside of the City during the second through seventh
year. Repayment shall be made according to the schedule listed below. However, in the event ihat
Profil is required to move to another location outside the City limits to accommodate an expansion
of their facilities, and significantly comparable facilities are not available in Chula Vista, then
Profil's obligations to the City with respect to refunding any portion of such grant will be eliminated
in its entirety. To eliminate this obligation, Profil must provide the City at least 60 days advance
notice to allow the City the opportunity to find other comparable facilities in Chula Vista and
present them for consideration.
Lease Vacation Period Amount Due City
Year 1 (October 1, 2003 - $88,500.00 (or amount of funds
September 30, 2004) provided up to date
of lease vacation)
Year 2 (October 1, 2004 - $75,857.77
September 30, 2005)
Year 3 (October 1, 2005 - $63,215.54
September 30, 2006)
Year 4 (October 1, 2006 - $50,573.31
September 30, 2007)
Year 5 (October 1, 2007 - $37,931.08
September 30, 2008)
Year 6 (October 1, 2008 - $25,288.85
September 30, 2009)
Year 7 (October 1, 2009 - $12,646.62
September 30, 2010)
J:\COMMDEV~DUCOTE~ProfiI\Scope of Work and Payment Schedule - Job Creation.doc
EXHIBIT D
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownemhip interests, payments, or campaign contributions, on all mattem which will require
discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following formation must
be disclosed.
1. List the names of all persons having a financial interest in the contract, i.e. contractor, subcontractor, material supplier.
If any person identified pursuant to (1) above is a corporation or partnemhip, 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 non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Comm~ees and Counc w thin the past twelve months?
YES NO If YES, please indicate person(s):
Please identify each and every person, including any agents, employees, consultants or independent contractors who you
have assigned to represent you before the City in this matter.
Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current
or preceding election period? YES NO
If yes, state which Council Member(s):
erson ks defined as. 'Any ~nd~dual, §na, co partnershlp, ]o~nt venture, association, social club, fraternal organtza~n, corlx~tion, estate, t~s~ r6naiver, synaicate, this
and any other county, ~ and countq/, city, rnunidpality, district or other paittk!al subdivision, or any other group or combination acting as a unit. '
(NOTE: Attach additional pages as necessa~)
Date:
Signature of contractor/applicant
Print or type name of contractor/applicant
Exhibit E
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, PROFIL INSTITUTE FOR CLINICAL RESEARCH, INC.,
AND THE SOUTH COUNTY CAREER CENTER/VVORKFORCE PARTNERSHIP INC.
This Agreement is entered into between the City of Chula Vista, herein referred to as the 'City', Profil Insti-
tute for Clinical Research, Inc., heroin referred to as the 'Profil', and the South County Career Center, a
division of the San Diego Workferce Partnership, Inc., herein referred to as the 'SCCC'.
WHEREAS, the City of Chula Vista is providing certain financial incentives to Profil in order to
assist the company in locating in Chuta Vista and to create new job opportunities for local residents; and
WHEREAS, the SCCC is located within the City of Chula Vista and offers a wide range of work-
force development services in areas relevant to Profil and to local job seekers; and
WHEREAS, it is to the benefit of all parties that Profil proactively recruit and hire Chula Vista resi-
dents for Profil's new offices at 855 Third Avenue, Suite 4400;
NOW, THEREFORE, the parties hereto agree to coordinate efforts to facilitate Profil's access to
and use of the SCCC's services, including but not limited to employee recruitment and training and re-
lated workforce services, and to facilitate Chula Vista residents' access to Profil job opportunities.
ALL PARTIES AGREE THAT
Profil's Human Resources Director or designee and the SCCC's Employment Services Represen-
tative or designee will develop prior to Profil occupying their offices a mutually beneficial Work-
force Development Plan that addresses and encourages Profil's use of the SCCC Career Center
Network, as follows:
As a source of job candidates from the City of Chula Vista when said candidates are
qualified and appropriate to fill the positions created at Profil's new offices;
For posting Profil's job openings and subsequent vacancies through the SCCC and the
Career Center Network in advance of general advertising;
To preliminarily qualify and/or screen applicants for staff openings for Profil;
To certify applicant eligibility for state/federal workforce development tax credit programs
or other workforoe development incentive programs that Profil may choose to pursue;
As a resource for designing, developing and implementing customized training programs
for Profil employees as the need may arise in the future;
To coordinate activities related to curriculum development, welfare-to-work programs,
work experience and work internships as the need or opportunities for these services
arise at Profil's Chula Vista offices.
II. Profil is not obligated to hire anyone referred under the terms of this agreement nor prevented
from using other recruitment efforts in addition to working with the SCCC to fill their employment
opportunities.
PROFIL AGREES THAT
III.
Profil will provide SCCC information needed to identify qualifying candidates, including required
skills, training and other work related criteria, as part of their initial and subsequent recruitment ef-
forts;
7/3/2003 7:11 PM FROM: Fa~ P]{OFIL TO: 0016194765910 PAGE: 002 OF 002
Exhibit E
Profll will make a good faith effort to work with the SCCC to Identify and consider persons re-
[erred by the SCCC. and in particular Chula Vista residents, for local job openings.
SCCC AGREES THAT
V. SCCC will take the lead in designing the Work[orca Development Plan, in full cooperation with
Profil and with the goal of developing mutually beneficial activities.
VI. $CCC will proactively assist Pro[il in implementing the Work[orca Development Plan and will
monitor the results and sham these results with Pro[il and the City of Chula Vista.
VII. SCCC will provide services to Profil that benefit both the company and the Chula Vista residents.
VIII. This agreement shall be in effect upon the last date of execution and shall continue from year to
year unless terminated by thirty (30) days prior written notice to either party.
IX. Neither the SCCC nor Pro[il shall discriminate on the basis of age, race, national origin, religion,
color, creed, disability, sex or sexual orientation in matters related to these Agreement provisions.
Dr.
CEO
Pro[il Institute for Clinical Research
Lawrence G. Fitch
President
San Diego Work[orca Partnership, Inc.
Date
Stephen C. Padilla
Mayor
City of Chula Vista
Date
J:\COM MDEV\DUCOTE\Profil\Employee Agreementdoc
ATTACHMENT 2 - Final Proposal to Profil - June 6, 1003
Benefits of Selecting Centre Medical Plaza
855 Third Avenue
City of Chula Vista
MAYOR AND COUNCIL SUPPORT
City/Profil Partnership
The Chula Vista Mayor and Council are committed to building and
sustaining a business friendly climate, and to attracting technology-based
business. Chula Vista has already established a very positive personal
relationship with Profil and would like to engage in a long-term mutually
beneficial partnership.
Established Project Team: Most Approvals Already In Place
A Chula Vista Project Team has already been assembled and activated for
the Profil project, including:
· Planning Department
· Building Department
· Fire Department
· Community Dev
John Schmitz, Principal Planner
Lou EI-Khazen, Dep Bldg Official
Gary Edmonds, Fire Inspector
Cheryl Dye, Econ Dev Mgr &
Bryan Ducote, Principal Community
Development Specialist.
The City's Planning/Building Department has confirmed that Profil's medical
research practice is an approved use for the Medical Centre facility. The Fire
Department has approved the use subject only to the installation of an
upgraded smoke detection and strobe annunciation system. The Profil
Project Team will fast-track review of Tenant Improvement plans (2-3 weeks)
to ensure Profil start-up deadlines are met. The creation of an
interdepartmental team and up-front assurances of expedited treatment can
result in significant advantages to Profil in terms of time and money - i.e. no
unexpected regulatory barriers or other surprises.
LOCATION, LOCATION, LOCATION
Chula Vista Demographics - Diabetes/Obesity Test Subjects
Almost 70% of Chula Vista's population is comprised of minorities, with
Hispanics accounting for over 50%. The medical complex in Chula Vista
offers direct access to Profil's targeted research population. At the same time,
the City is highly motivated to support research that may someday directly
benefit a high proportion of its residents. Our understanding of the Ruffin
Road building under consideration is that it does not afford the same degree
of access to prospective test subjects. Maps depicting the surrounding
demographics of each site within a 1, 3, and 5 mile radius are attached. For
example, the maps show the follo,,vJr~g comparisons of ne~.rby Hi~pa~c
residents in 2005:
Location
Hispanics Hispanics Hispanics
within I mile within 3 mile within 5 mile
radius radius radius
Ruffin Road Building
Centre Medical Plaza 12,057 85,405 208,627
14,950 77,448
1,987
Easily Accessible Public Transit
Centre Medical Plaza in Chula Vista is situated on a major arterial and
directly served by bus transit every 15 minutes. Nine (9) additional bus
routes serve the building, stopping within only an approximate one-mile
radius. Trolley stops are located only 2 miles away - at I-5 and Palomar Street
and at I-5 and H Street - and offer direct bus transfers. By comparison, our
best efforts at researching the Ruffin Road location show that only one bus
route directly serves the building, and passes by only once every 30 minutes.
Only four (4) other routes serve the general area. There does not appear to
be convenient access to the Trolley, with the nearest station located near
Qualcomm Stadium down Interstate 15.
Convenient Services For Patients/Staff
Centre Medical Plaza offers nearby restaurants and shopping amenities to
serve the needs of staff and test subjects, many of whom will take public
transportation and want to co-ordinate personal errands with their stay at the
Profil facility. Von's grocery store, and a Chinese restaurant, deli, and postal
annex office are across the street; other restaurants and service providers are
within a few blocks. The San Diego Country Club is just next door. The
Ruffin Road building would appear to require driving approximately one
mile to the busy intersection of Aero Drive/Murphy Canyon Drive/ and
Interstate 1 5 to access similar services.
a MEDICAL OFFICE ADVANTAGES
Complimentary Medical Tenants
Centre Medical Plaza offers a full-service medical complex with many
healthcare tenants complimentary to Profil, including a pharmacy and a
diagnostic imaging unit on the first floor. Scripps Hospital is located just 1.2
miles away, offering ready access to emergency room services. A drive-by
assessment of Ruffin Road showed no similar medical uses in the area, and
identified the closest hospital as 3.2 miles away.
Fire Safety Advantages
Centre Medical Plaza is a state-of-the-art medical building that incorporates
first-rate life safety construction standards, including: · Classification as a Type 2 Fire Rated Building
· Fully intelligent fire alarm system with pull stations, duct detection and
lobby smoke detectors
· Won-door elevator smoke lobby containment system that prevents
smoke from traveling to other floors through the elevator shaft
· One hour fire ratings on all building corridors with 1 ½ hour rated fire
doors and exit signs
· Motorized damper duct detector system on each floor
· Full fire sprinkler system throughout the building and standpipe system
in each stairwell (including the parking structure)
· 2 exit stairwells
· Direct exit to the east leading to an attached parking structure
· Knox box key vault entry system for Fire/Police Departments
The existing extensive upgrades ensure building occupants a high level of
safety. This is especially important since some of Profil's research
participants will be staying overnight. Profil will want to ask about the
Ruffin Road building's construction, which as a non-medical office building,
may offer safety features of a lesser caliber. It is possible that the Ruffin Road
building will require many more upgrades to meet the same high level of
public safety standards as Centre Medical Plaza.
Parking
Centre Medical Plaza offers ample parking with a parking ratio of five
parking slots per 1,000 square feet of tenant space. Profil parking would be
on the fourth level of the parking garage, directly attached to the building.
This parking level is reserved exclusively for fourth floor tenants - therefore
Profil would share parking with only the one other tenant on the fourth
floor. Centre Medical Plaza also presents very easy ingress and egress.
Lease Incentives
City staff has undertaken a detailed analysis of the' proposed leases for the
buildings in question, as shown in the table below. Based upon certain
assumptions (see below), including significant City and landlord incentives,
our analysis shows that the total cost of the 7-year lease at Center Medical
Plaza is $103,129.04 greater than that of the Ruffin Road building, or
$14,732.72 per year. However~ we think it is possible that the $103,129.04
differential will be lower in the event that tenant improvement costs at the
Ruffin Road facility prove to be greater than anticipated. For example, if the
T.l.'s are just $7- 8 higher than projected, the cost differential goes away.
The $103,129.04 total cost differential is based on the following
assumptions/incentives:
· The City of Chula Vista and Landlord will contribute $174,982
($88,500 + 26,482) towards Profil's first year's costs, lowering the
lease rate from $2.35 sq ft to a subsidized rental rate of $1.20 per sq ft.
· Centre Medical Plaza landlord has agreed to reduce rent in years 2
through 7 by $.29 a square foot, lowering total [ease costs by
$173~972.
· Centre Medical Plaza has 332 more square feet than the Ruffin Road
building. This space is backed out to provide a comparison of 8000 sf
to 8000 sf, thus reducing the cost differential by $73,915.95. (This
reduction is pertinent to the cost comparison in the event that the
space planning analysis demonstrates that the additional 332 sq ft of
space is advantageous to Profil's operations)
· The Centre Medical Plaza lease includes janitorial costs; the Ruffin
Road lease does not. These have been added in at an estimated cost of
$.08 psf, for a total additional cost to Profil of $$7,120.
· Centre Medical Plaza has increased its Tenant Improvement Allowance
to Profil from $45 sf to $55 sf. The Ruffin Road building offers a T.I.
Allowance of only $15 psf. Based upon the Centre Medical Plaza
owner's experience, it is anticipated that total tenant improvements at a
building comparable to the Ruffii~ Road facility (with existing T.l.'s from
previous tenants) will conservatively cost $30 sf. Assuming this is
correct, an additional $15 psf has been added to the tenant's costs at
the Ruffin Road building, for a total additional TI cost to Profil of
$120,000. (It should be emphasized that Centre Medical Plaza will be
paying a total of $445,000 ~ or $55 psf - for new, state-of-the-art tenant
improvements to a previously unoccupied space, with improvements
tailored to Profil's specific standards.)
Address
Cost Comparison
3990 Ruffin Road
San Diego
855 3rd Avenue Variance
Chula Vista
Size (square footage) 8,000 8.332 332
Base Rent (rsf), year 1 $ 1.60 $ 2.35
Lease term ? years 7 years
Annual increase in rent 4% 4*/0
Monthly Rent $ 12,800.00 $ 19,580.00 $ 6,780.00
Total Rent Cost $ 1,211,904.00 $ 1,855;023.15 $ 643,119.15
City of CV Subsidy * $ $ 88,500.00 $ (88,500.00)
Landlord Incentive * $ $ 26,482.00 $ (26,482.00)
Addtl. Landlord Incentive ** $ $ 173,972.16 $ (173,972.16)
Janitorial Cost, Lease Term $ 57,120.00 $ $ (57,120.00)
Lease term adiustment sqft *** $ $ 73,915.95 $ (73,915.95)
Additional T.I. Costs - Ruffin **** $ 120,000.00 $ $ (120,000.00)
Commissions None None
Free Rent None None
Total Difference
$ 103,129,04
* Landlord and the City of Chula Vista are contributing a total of
$114,982.00 ($88,500 + $26,482) toward the first year's costs,
which will give landlord a rental rate of $1.20 per square foot for year I.
** Landlord has agreed to reduce
rent in years 2 through 7 at a rate of $.2~ per square foot.
*** Difference between the square footage of the Ruffin Road space and
the Third Avenue CMP space.
**** Based on initial review of the Ruffin premises, it was determined that
additional costs for tenant improvements will be $15.00 per square foot.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $88,500 FROM THE FY
2002-2003 CDBG HI-TECH/BIOTECH FEE REDUCTION
PROGRAM FOR THE PROFIL INSTITUTE FOR CLiNICAL
RESEARCH; APPROVING THE CDBG AGREEMENT WITH
THE PROFIL INSTITUTE FOR CLINICAL RESEARCH AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
WHEREAS, the City of Chula Vista wishes to strengthen the local economy, ensuring
both a growing tax base and quality employment opportunities for Chhla Vista residents, by
undertaking strategic business attraction efforts; and
WHEREAS, since January 2003, the City of Chula Vista has actively recruited the Profil
Institute for Clinical Research, a biotech research company expected to create approximately 25
new employment opportunities, to locate in Chuta Vista, and
WHEREAS, the Profil Institute for Clinical Research, a biotech research company, was
considering sites outside of Chula Vista due to the lower lease costs offered in many Mid and
North County buildings as a result of the decline of the dotcom industry and the slowing national
and regional economy; and
WHEREAS, in order to provide incentive to Profil to locate in Chula Vista at 855 Third
Avenue, Suite 4400, the City offered Profil a grant in the amount of $88,500 to offset its first
year lease costs thereby easing their transition into the business community; and
WHEREAS, qualified funds are available in the FY 2002-2003 CDBG Hi-TectffBio
Tech Development Impact Fee Reduction program; and
WHEREAS, staff requests that Council appropriate $88,500 from the balance of
available CDBG funds in the Hi-Tech/BioTech Development Impact Fee Reduction Program to
attract the Profil Institute for Clinical Research to Chula Vista.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby (1) appropriate $88,500 from the FY 2002-2203 CDBG Hi-Tech/Biotech fee
Reduction Program for the Profil Institute for Clinical Research; (2) approve the CDBG
agreement with the Profil Institute for Clinical Research on terms presented and authorize the
Mayor to execute the Agreement in a final form approved by the City Attorney; (3) authorize the
Mayor and staff to take such other actions as are necessary to implement the terms of this
approval.
Presented by
Laurie Madigan
Director of Community Development
J:~AttorneyhRESOS~Finance\Profil Reso.doc
Approved As To Form~ ·
[:3-23
PAGE 1, ITEM NO.: /~
MEETING DATE: 07/08/03
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PROHIBITING THE SLEEPING OR CAMPING OVERNIGHT OF
VEHICLES WITHIN THE GROUNDS OF ANY DOWNTOWN
MUNICIPAL PARKING LOT; AND AMENDING SECTION 10.62.010,
OF THE MUNICIPAL CODE PERTAINING TO PARKING VIOLATIONS
TO ESTABLISH A PENALTY TO CITE FUTURE VIOLATORS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L~-'~
REVIEWED BY: CITY MANAGER~I/~
4/5THS VOTE: YES ~ NO ~
BACKGROUND
Earlier this year, the Town Centre Project Area Commiffee (PAC) directed staff to initiate the
process of installing No Overnight Parking signs within all the downtown municipal parking lots.
The request was made due to increasing concern regarding individuals parking their vehicles and
camping overnight in the downtown parking lots. Since the city's Municipal Code is silent in
regards to prohibiting overnight parking in downtown parking lots, staff recommended
establishing an ordinance to set up a formal process to cite future violators.
The proposed ordinance will prohibit any individual from sleeping or camping overnight in a
vehicle on the grounds of any downtown municipal parking lot. Signs expressing this parking
restriction and the city's right to remove or impound an offending vehicle shall be posted at each
parking lot. Staff also proposes amending Sedion 10.62.010 of the city's Municipal Code
pertaining to Parking Violations to establish a penalty to cite future violators.
The Planning and Environmental Manager has determined that the project is exempt from the
California Environmental Quality Act pursuant to Section 15321 of the California Code of
Regulations, which refers to Class 21 Enforcement Adions by Regulatory Agencies.
RECOMMENDATION
Staff recommends that City Council place the ordinance on first reading prohibiting individuals
from sleeping or camping overnight in vehicles within the grounds of any downtown municipal
parking lot; and amending Sedion 10.62.010 of the Municipal Code pertaining to Parking
Violations to establish a penalty to cite future violators.
/V- /
PAGE 2, ITEM NO.:
MEETING DATE: 07/08/03
llOAi~i)$/CgMMi.'i~I g N.~ K~coMMENOATION
On May 21, 2003, the Town Centre PAC in their role as the Parking Place Commission
unonimously voted in favor of the proposed ordinance prohibiting individuols from sleeping or
camping overnight in vehicles within the grounds of any downtown municipal porking lot.
Please note thor the Town Centre PAC in their role as the Parking Place Commission serves os the
recommending body to the City Council in regards to downtown parking mof~ers within the
Downtown Porking Distrid and Town Centre Area, therefore not requiring o public hearing with
the City's Planning Commission to consider this item.
The Downtown Business Association (DBA) suppods the proposed ordinance, ond the installation
of No Overnight Camping signs within all the downtown parking Jots.
DISCUSSION
The Town Centre I Redevelopment Area was adopted in 1976 as a unique area in Chula Vista
that requires special attention and consideration in order to eliminate and reverse physical and
economic deteriorating conditions, and to provide and maintain the necessary infrastructure to
revitalize the area. Pad of this overall revitalization effort was the establishment of public parking
lots, which provides convenient parking for individuals or families that visit the downtown area for
entertainment purposes or to shop, dine, or conduct business.
Since the beginning of the year, there has been increasing concern regarding individuals parking
their vehicles in downtown parking lots to sleep or camp overnight. The result has been a
nuisance to area stakeholders and residents, which prompted the Town Centre Project Area
Committee (PAC) to request that the city install No Overnight Camping signs within all the
downtown parking lots. Since the city's Municipal Code is silent in regards to prohibiting
overnight parking in downtown parking lots, staff recommended establishing an ordinance to set
up a formal process for citing future violators.
Specifically, the proposed ordinance shall prohibit individuals from camping or sleeping
overnight in a vehicle on the grounds of any downtown parking lot. The ordinance specifies that
signs expressing this parking restriction and the city's right to remove or impound an offending
vehicle shall be posted at each parking lot by the city. The ordinance also defines "to camp" as
establishing or maintaining a temporary, including overnight, place for sleeping, which includes,
but is not limited to, the use, or storage for use, of sleeping bags, bedding materials, blankets,
sheets, or other non-clothing items utilized or available for use to maintain warmth and comfort
for sleep in a vehicle.
The public parking lots affected under the proposed ordinance are illustrated in the a~tachment
(Map: Downtown Chula Vista Public Parking Lots) that was prepared for this report, and
PAGE 3, ITEM NO.:
MEETING DATE: ,07/08/03
u~e uiso iisrea in ,~ecr~orl i u.,>z.,~-og or Jne city s tVtunic~pcl~ k, ode (Municipal ParKing Lots], wh~c~q
includes the following designated parking lots:
· Northwest corner of Church & Madrona
· 200 block of Landis
· Northeast corner of Landis & Davidson
· Northwest corner of Church & Davidson
· Southwest corner of Church & Davidson
· Near Southeast corner of Third & Madrona
· Near Southeast corner of Landis & E Street
· 281-287 Church Avenue (Church & Del Mar}
· 230-232 Church Avenue
· Norman Park Senior Center beNveen F & Center Street
· Downtown Parking Structure: South side of Third Avenue & F Street
· Employee Parking Lot (not illustrated on the attached map): Near the Northwest corner
of F Street and Fourth Avenue, just west of the Civic Center Fire Station, and including the
area east and north of the Fire Station that is designated as a permit-required parking area.
As part of the ordinance, staff is also proposing amending Section 10.62.010 of the city's
Municipal Code pertaining to Parking Violations. The purpose of the amendment is to establish a
penalty to cite future violators. The proposed penalty shall be $35.00 if paid within 30 days, and
will thereafter double if not paid within 30 days. Further late penalties will result in the notification'
of the State Department of Motor Vehicles to collect the maximum penalties at the time the owner
of the vehicle seeks to register their vehicle.
The proposed ordinance is consistent with the Town Centre I Redevelopment Plan, and is
complementary to the overall "vision" of establishing downtown Chula Vista as the business,
entedainment, civic, and cultural focal point of the city.
FISCAL IMPACT
No substantial fiscal impacts are anticipated to result from the adoption of the proposed
ordinance.
ATTACHMENTS
1. Map: Downtown Chula Vista Public Parking Lots
DOWNTOWN
CHULA VISTA
PUBLIC
PARKING L{
1. 14 SPACES
2. 78 SPACES
3. 121 SPACES
4. 700 SPACES
5. 46 SPACES
6. 29 SPACES
7. 70 SPACES
8. 54 SPACES
9. 30 SPACES
10.34 SPACES
11.29 SPACES
Subtotal lots:
1,205 spaces
Subtotal
509 spaces
Total parking:
1,714 spaces
N
lq
SOURCE: City of Chula Vista
Downtown Business Association
June 2003
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
~,r~,,.~ THE ........... CAMPING - ' -
o~-,-~:r-.~ ~,r~ OVbP, NiGH
VEHICLES WITHIN THE GROUNDS OF ANY DOWNTOWN MUNICIPAL
PARKING LOT; AND AMENDING SECTION 10.62.010 OF THE
MUNICIPAL CODE PERTAINING TO PARKING VIOLATIONS TO
ESTABLISH A PENALTY TO CITE FUTURE VIOLATORS
WHEREAS, the Town Centre I Redevelopment Area was adopted in 1976 as a
unique area in Chula Vista that requires special attention and consideration in order to
eliminate and reverse physical and economic deteriorating conditions, and to provide
and maintain the necessary infrastructure to revitalize the area; and
WHEREAS. part of the overall revitalization effort was the establishment of public
parking tots, which provides convenient parking for individuals or families that visit the
downtown area for entertainment purposes or to shop, dine, or conduct business; and
WHEREAS, there has been an increased concern by area stakeholders and
residents regarding individuals parking their vehicles in downtown parking lots to sleep
or camp overnight; and
WHEREAS, the Town Centre Project Area Committee (PAC) directed staff to
initiate the process of installing No Overnight Parking signs within all the downtown
municipal parking lots; and
WHEREAS, the city's Municipal Code is silent in regards to prohibiting overnight
parking in downtown parking Iots,'and has therefore established an ordinance to set up
a formal process for citing future violators; and
WHEREAS, the downtown public parking lots affected under the ordinance are
listed in Section 10.52.480 of the city's Municipal Code, which pertains to Municipal
Parking Lots; and
WHEREAS, on May 21. 2003, the Town Centre PAC in their role as the Parking
Place Commission unanimously voted in favor of the ordinance prohibiting individuals
from sleeping or camping overnight in vehicles within the grounds of any downtown
municipal parking lot; and
WHEREAS, the Downtown Business Association (DBA) supports the ordinance,
and the installation of No Overnight Camping signs within all the downtown parking lots;
and
WHEREAS, the Planning and Environmental Manager has determined that the
project is exempt from the California Environmental Quality Act pursuant to Section
15321 of the California Code of Regulations, which refers to Class 21 Enforcement
Actions by Regulatory Agencies; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I.
That Section 10:52.485 is hereby added to Chapter 10.52 of the
Chula Vista Municipal Code to read as follows:
10.62.485 Municipal Parking Lots - Sleeping or Camping
Prohibited
No person shall sleep or camp in a vehicle on the grounds of
any city-owned, leased, or operated parking lot listed in
CVMC 10.52~480. Signs expressing this parking restriction
and the city's right to remove or impound an offending
vehicle shall be posted at each entrance of a parking lot by
the city engineer.
For purposes of this section, "to camp" shall be defined as
establishing or maintaining a temporary, including overnight,
place for sleeping, which includes, but is not limited to, the
use, or storage for use, of sleeping bags, bedding materials,
blankets, sheets, or other non-clothing items utilized or
available for use to maintain warmth and comfort for sleep in
a vehicle.
Vehicles in violation of this section may be removed and
impounded as authorized by CVMC 10.80.120 and California
Vehicle Code Section 22651.
SECTION II.
That Section 10.62.010 of the Chula Vista Municipal Code is
amended to read:
10.62.010 Parking Violations.
Enforcement. Every police officer and every city employee,
and every volunteer (designated by the chief of police)
charged with enforcement of the provisions of Chapters
10.52, 10.56 and 10.60 CVMC relating to illegal parking and
time limitations in parking meter zones, the provisions of the
California Vehicle Code, and the other laws of the state
applicable to parking violations within the city, shall have the
duty, when any vehicle is illegally parked, to issue written
notice of violation thereof stating the state vehicle license
number, make of such vehicle, the time and date of such
illegal parking, meter number, street location, and a
reference to the appropriate section of the code and the
amount of the penalty for the violation. Such notice shall be
attached to said vehicle in a conspicuous place upon the
vehicle so as to be easily observed by the person in charge
of such vehicle ,,~ ~i~..~+ .... +~=~=+.
Civil and Late Payment Penalties and Fees.
For the purpose of regulating the use of streets:
Base penalty amounts for the following Chula Vista
Municipal Code violations shall be $12.00 if paid
within 30 days of the notice of violation:
CVMC 10.56.100; 10.56.110; 10.56.120; 10.56.130;
10.56.140.
Base penalty amounts for the following Chula Vista
Municipal Code violations and California Vehicle
Code violations shall be $25.00 if paid within 30 days
of the notice of violation:
CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130;
10.52.200; 10.52.210; 10.52.240; 10.52.330;
10.52.390; 10.52.420; 10.52.430; 10.52,480;
10.56.310.
California Vehicle Code Sections 2113(a);22515
22520.
Base penalty amounts for the following Chula Vista
Municipal Code violations and California Vehicle
Code violations shall be $35.00 if paid within 30 days
of the notice of violation:
CVMC 10.52.040; 10.52.060; 10.52.070 (1) - (14);
10.52.090;10.52.150; 10.52.160; 10.52.180;
10.52.190;10.52.230; 10.52.270; 10.52.290;
10.52.310;10.52.360; 10.52.450; 10.52.485;
10.60.030;10.60.050; 10.60.060; 10.60.080;
10.60.090;10.60.100.
California Vehicle Code Sections 21211; 22500(a) -
(h); 225000), (k); 22500.1;22514; 22516; 22517.
3
Base penalty amounts for the following California
Vehicle Code violations shall be $25.00. The base
penalty will be reduced to $10.00 upon submission of
proof of correction within the time frames specified in
the ~/ehic!e Code of the st3t~ ~f C~!iforni~:
California Vehicle Code Sections 5200; 5201;
5204(a).
The base penalties for the following California Vehicle
Code violations shall be as set forth below:
California Vehicle Code Sections
4462(b) - $100.00;
22500(i) - $250.00;
22500(1) - $275.00;
22507.8 - $330.00;
22522 - $275.00;
22523 - $100.00;
22526 - $50.00.
The base penalties for Chula Vista Municipal Code
and California Vehicle Code violations not listed
above shall be $35.00 if paid within 30 days of the
notice of violation, unless the penalty amount is set by
the Vehicle Code of the state of California.
The owner or operator may mail such payments to the
city's director of finance within the time established
herein, but shall be responsible for delivery thereof to
the office of the director of finance.
Late Payment Penalties. All base penalties under
$250.00 listed in subsections (B)(2) though (6) of this
section shall double if not paid within 30 days of the
notice of violation, unless specifically restricted by the
Vehicle Code of the state of California. The penalty
for violations listed in subsection (B)(1) of this section
shall be $35.00 if the penalty is not paid within 30
days of the notice of violation.
Failure to Pay. Failure to pay the appropriate penalty as
provided herein or failure to contest the violation pursuant to
Sections 40200.7 and 40215 of the Vehicle Code of the state
of California will result in either notification of the Department
of Motor Vehicles, which agency shall collect the maximum
4
SECTION III.
penalties and fee(s) established hereby at such time as the
owner or operator seeks to register his vehicle in accordance
with the provisions of Section 4760 of the Vehicle Code of
the state of California, or if applicable, in legal proceedings
the unpaid penalties and fees in accordance with the
provisions of Section 40220 of the Vehicle Code of the state
of California. For those citations that remain unpaid beyond
30 days and for which a hold is placed on the registration by
the Department of Motor Vehicles~ an additional $10.00 fee
shaft be assessed.
This Ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Submitted by:
Approved as to form by:
Laurie Madigan
Community Development Director
Ann Moore
City Attorney
ITEM NO. 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING INTERIM EXTENSION TO THE CITY'S GAS AND ELECTRIC
FRANCHISES WITH SDG&E
Staffis recommending that thisitembe continued until further notice. Staffwill
discuss status of franchise negotiations in closed session.
CITY COUNCIL AGENDA STATEMENT
Item: ]~
Meeting Date: 7/01/03
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUMMARY:
Pm Urgency Ordinance of the City o£Chula Vista repealing Chapter 19.60
relating to the regulation ofsigus and adding a new Chapter 19.60 regulating
signs; and repealing and amending various sections in other Chapters of the
Chula Vista Mtmicipal Code, including chapters 19.04, 19.58, and 19.20
through 19.52, which also relate to the regulation of signs
Applicant: City of Chula Vista
Director of Planni,ng and Buildin~
C'ty Managev,-~/_r, (4/5ths Vote: Yes X No )
As part of the 2002 work program for the Department of Building and Planning, staff began
evaluating the Zoning Code in anticipation of a comprehensive Zoning Code update. During this
evaluation it was determined that improvements to the Sign Ordinance were necessary to address
current processing concerns and ensure compliance with federal and state law. The revised
ordinance being presented has been prepared to accomplish this purpose. Underlying policy
regarding permissible siguage remains the same. More substantive sign code modifications are still
being developed and will be presented at a later date.
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. Thus, no
environmental review is necessary.
RECOMMENDATION:
That the City Council adopt the urgency ordinance repealing 19.60 and adding a new Chapter 19.60
to Title 19 of the Chula Vista Municipal Code; and repealing and amending various sections in other
Chapters of the Chula Vista Municipal Code, including Chapters 19.04, 19.58, and 19.20 through
19.52, which also relate to the regulation of signs.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
As part of the 2002 work program for the Department of Building and Planning, staff began
evaluating the Zoning Code in anticipation of a comprehensive Zoning Code update. The
Page 2, Item No.: ] ~
Meeting Date: 7/1/03
comprehensive Zoning Code update is anticipated to commence upon completion of the General
Plan Update. During the Zoning Code evaluation it was determined that certain provisions of the
Sign Ordinance required immediate attention to address cun'ent processing concerns and to ensure
consistency with federal and state law. Therefore, the proposed code amendments before Council
this evening consolidate the definitions and regulations, clarify the intent and purpose of the sign
regulations and modify the language appropriately. Generally, the underlying policy regarding
permissible signage remains the same.
Through the work plan evaluation issues surrounding the sign regulations became apparent. To assist
in staff's analysis, the City entered into a contract with Randal Morrison, a local attorney nationally
recognized as an expert in sign law. Mr. Morfison was tasked with drafting changes that will clarify
certain basic requirements of the ordinance. It is intended that a subsequent work program will be
undertaken by staff to evaluate the various sign standards regulating size, height etc. once new
General Plan policies are adopted to guide such an effort. Such an effort is likely to be much more
time consuming as public meetings will be necessary to solicit input from the business community
and other community interests to help craft new sign standards.
In summary, the proposed ordinance changes will:
· Consolidate all definitions and regulations relating to signs, many of which were found in the
various chapters of the code associated with the different zones (i.e., CC zone, R1 zone, IR
zone, etc.), completely within the new Chapter 19.60..
· Provide a clearer explanation of the intent and purpose of the City's sign regulations at the
beginning of the new Chapter 19.60.
· Remove or modify those portions of the sign regulations that could be interpreted to apply
different standards to different types of speech inappropriately.
· Remove or modify portions of the sign regulations which might be seen as conferring on
staff, the design review committee, the planning commission or City Council unbridled
discretion of approving or disapproving signs.
· Amend current definitions and add new definitions to remove ambiguities and ease
application of the sign code.
· In a few instances, provide clarification on certain sign regulations that have been ambiguous
and difficult for staff to implement.
Real Estate Signs: Current regulations relating to real estate signs (including open house signs) are
kept intact with minimal changes in the proposed ordinance. In fact, the only significant change was
the addition of language to make it clear that a property owner has the option of placing his or her
real estate sign on another person's private property (with their consent) instead of on his or her own
property.
Existing onsite commercial signage: If the City were to impose new restriction on existing onsite
Page 3, Item No.: ]~o
Meeting Date: 7/1/03
commercial signage, then under state law (see Business and Professions Code § 5490, et. seq.) the
City would have to conduct a citywide sign inventory and conduct a confirmation hearing six months
after initial adoption. However, this version of the new sign ordinance does not make new restriction
on onsite commemial signage, therefore no inventory or confirmation hearing will be required.
Urgency Ordinance: The "Urgency Ordinance" will go into effect immediately pursuant to Charter
Section 311 which provides for the adoption of any ordinance declared by the City Council to be
necessary as an emergency measure for preserving the public peace, health, safety, and general
welfare.
The item is brought forward as an urgency measure to address the concems mentioned above and
because of the current and immediate threat to the public health, safety and welfare presented by the
potential approval or denial of a permit, variance, or building permit under the existing ordinance
which may not be consistent with state and federal law. Furthermore, it has been brought to staff's
attention that there is currently a rash of litigation challenging sign ordinances both in this state and
other states. A sign ordinance is one of the most important laws adopted by a municipality. The
regulations contained in such laws do much to promote the public health, safety and welfare. For
instance, they promote aesthetics and significantly increase property values by reducing visual clutter
and signage which may be disharmonious with other nearby signage or structures. Sign codes
economically benefit a city by ensuring each business has adequate room and sight lines to advertise
without being crowded out by an inconsiderate or unscrupulous neighbor. Finally, they increase
traffic flow by eliminating cluttered, distracting, confusing, or illegible signage and prevent injury by
eliminating improperly placed or constructed, or poorly maintained signs. Therefore, because of the
importance of sign ordinance (and each of its provisions), it is imperative that the City protect the
public health, safety, and general welfare by ensuring that an easily applied and completely valid sign
ordinance is in force within the City.
Pursuant to the City Charter an urgency ordinance may be introduced and adopted at one and the
same meeting to ensure the preservation of the public peace, health, safety and general welfare. An
urgency ordinance must be passed by at least four affirmative votes.
CONCLUSION:
Staffmcommends Council make the necessary findings and adopt the urgency ordinance to modify
the existing sign ordinance to ensure consistency with state and federal law. It is intended that staff
will complete the ordinance revisions within 45 days and schedule a final adoption in August.
Again, the sign ordinance, as part of a proposed comprehensive zoning code update, will undergo a
more thorough review after the General Plan update is completed to adjust as necessary the actual
development standards for signs.
FISCAL IMPACT: None.
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA
REPEALING CHAPTER 19.60 RELATING TO THE REGULATION
OF SIGNS AND ADDING A NEW CHAPTER 19.60 REGULATING
SIGNS; AND REPEALING AND AMENDING VARIOUS SECTIONS
IN OTHER CHAPTERS OF THE CHULA VISTA MUNICIPAL CODE,
INCLUDING CHAPTERS 19.04, 19.58, AND 19.20 THROUGH 19.52,
WHICH ALSO REGULATE SIGNS
WHEREAS, as part of the 2002 work program for the Department of Building and Planning,
staff began evaluating the Zoning Code in anticipation of a comprehensive Zoning Code update; and
WHEREAS, dttring the Zoning Code evaluation it was determined that certain provisions of the
Sign Ordinance required immediate attention to address current processing concems and to ensure
consistency with federal and state law; and
WHEREAS, to assist in staff's analysis, the City entered into a contract with Randal Morrison, a
local attorney nationally recognized as an expert in sign law, to drafting changes that will clarify certain
basic requirements of the sign code; and
WltEREAS, the proposed code amendments contained in the ordinance consolidate the
definitions and regulations, clarify the intent and purpose of the sign regulations and modify the
language appropriately; and
WHEREAS, the underlying policy regarding permissible signage in the new ordinance generally
remains the same; and
WHEREAS, it is intended that a subsequent work program will be undertaken by staff to
evaluate the various sign standards regulating size, height, etc. once new General Plan policies are
adopted to guide such an effort.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I.
Findings of Urgency.
A sign ordinance is one of the most important laws adopted by a municipality. The regulations
contained in such laws do much to promote the public health, safety and welfare. For instance,
they promote aesthetics and significantly increase property values by reducing visual clutter and
signage which may be disharmonious with other nearby siguage or structures. Sign codes
economically benefit a city by ensuring each business has adequate room and sight lines to
advertise without being crowded out by an inconsiderate or unscrupulous neighbor. Finally, they
increase traffic flow by eliminating cluttered, distracting, confusing, or illegible signage and
prevent injury by eliminating improperly placed or constructed, or poorly maintained signs; and
It has been recently brought to staff's attention that there is currently a rash of litigation
challenging sign ordinances both in this state and other states; and
Because of the importance of the City's sign ordinance (and each of its provisions), it is
imperative that the City protect the public health, safety, and general welfare by ensuring that an
easily applied and completely valid sign ordinance is in force within the City; and
Based on the facts set forth above, the City Council declares this ordinance to be necessary as an
emergency measure for preserving the public peace, health, safety, and general welfare.
SECTION II.
That the current Chapter 19.60 of the Chula Vista Municipal Code is hereby
repealed in its entirety.
SECTION III.
Chapter 19.60
SIGNS
Sections:
19.60.005
19.60.010
19.60.020
19.60.030
19.60.040
19.60.050
19.60.060
19.60.100
19.60.110
19.60.120
19.60.200
19.60.210
19.60.220
19.60.300
19.60.400
19.60.410
19.60.430
19.60.450
19.60.500
19.60.510
19.60.520
19.60.530
That a new Chapter 19.60 of the Chula Vista Municipal Code is hereby added to
read as follows:
Title.
Purpose.
Balancing.
Intent.
Scope.
Standard Provisions.
Definitions.
Sign Area.
Sign Height.
Sign Illumination.
Support Requirements.
Materials.
Construction standards.
Prohibited Signs.
Sensitive zones - basic signage allowance.
R-3 zones.
MHP zones.
P-C zones.
Sign rules - all commercial zones.
Commercial - Administrative and Professional Office (C-O) zone.
Central Business (C-B) zone.
Neighborhood Commercial (C-N) zone.
19.60.540
19.60.550
19.60.560.
10.60.570.
19.60.580
10.60.590
19.60.595
19.60.600
19.60.700
19.60.800
19.60.810
19.60.900
19.60.930
Central Commercial (CC) zone.
Visitor Commercial (C-V) zone.
Commercial Thoroughfare (C-T) zone.
Industrial Research (I-R) zone.
Limited Industrial O-L) zone.
General Industrial (I) zone.
Other zones.
Specialty signs.
Signs permits.
Permit applications.
Processing of applications.
Removal of certain signs.
Amortization of nonconforming onsite signs.
19.60.005 Title.
This Chapter shall be known as the Sign Ordinance.
19.60.010 Purpose.
Among the purposes and interests to be served by this Chapter are the following:
B.
C.
D.
F.
G.
H.
To serve, protect and enhance the public health, safety and welfare of thc City and the people
who live in, work, or visit it;
To promote and accomplish the goals, policies and strategies of the general plan;
To balance the public interests in community aesthetics against the signage needs of
establishments and persons who wish to express information or a message by displaying a sign;
To promote the flee flow of traffic and protect motorists, cyclists and pedestrians fi.om injury and
property damage winch could be caused, in whole or in part, by cluttered, distracting, confusing,
or illegible signage;
To prevent personal injury and property damage from signs which are improperly placed or
constructed, or poorly maintained;
To prevent the depreciation of property values which could be caused by inappropriate signage;
To protect, preserve and enhance property values, the local economy, and the quality of life by
governing the appearance of the streetscapes that affect the image of the city;
To prevent interference with or obstruction of the proper conduct of legitimate establishments in
the city which result fi.om the erection and placement of poorly designed signs which are
tmsightly, improperly located, disproportionate and disharmonious with adjacent signs or
structures and therefore tend to be both economically and aesthetically undesirable;
To authorize and direct the zoning administrator to enhance the aesthetic appearance of the city
and to promote the economic well being of the community;
To promote the use of signs which positively contribute to the aesthetics of the community, are
appropriate in scale to the surrounding buildings and landscape, and to advance the city's goals
of quality development;
To provide standards regarding the non-communicative aspects of signs, which are consistent
with applicable provisions of city, county, state and federal law.
19.60.020 Balancing.
This Chapter states the policy decisions regarding display of signs, made by the City Council after
carefully balancing many competing factors and interests. This Chapter consolidates all general
provisions relating to the installation, regulation and amortization of signs on private property
throughout the City of Chula Vista.
19.60.030 Intent.
In adopting and enforcing this Chapter, the City intends to:
Provide flexibility and encourage variety in signage, and create an incentive to relate signage to
the basic principles of good design;
Assure that the benefits derived from the expenditure of public funds for the improvement and
beautification of streets, sidewalks, public parks, public rights of way, and other public places
and spaces, are protected by exercising reasonable controls over the physical characteristics and
structural design of signs;
C. Improve the visual environment for the citizens and residents of, and visitors to the city;
D. Protect prominent viewsheds within the community;
E. Provide recovery mechanisms for the costs of administering this Chapter.
19.60.040 Scope.
This Chapter regulates signs, as defined in this Chapter, which are placed on private property or on
property owned by public agencies other than the City of Chula Vista and over which the City has
zoning authority.
19.60.050 Standard Provisions.
The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of
this Chapter, and to all provisions of this Chapter, notwithstanding any more specific provisions to the
contrary.
Message neutrality. It is the City's policy to regulate signs in a constitutional manner, which is
content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.
Regulatory interpretations. All regulatory interpretations of this Chapter are to be exercised in
light of the City's message neutrality policy. Where a particular type of sign is proposed in a
permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or
whenever a sign does not qualify as a "structure" as defined in the California Building Code,
then the Director shall approve, conditionally approve or disapprove the application based on the
most similar sign type that is expressly regulated by this Chapter.
Substitution of messages. Subject to the land owner's consent, a noncommercial message of any
type may be substituted for any duly permitted or allowed commercial message or any duly
permitted or allowed noncommercial message, provided that the sign structure or mounting
device is legal without consideration of message content. Such substitution of message may be
made without any additional approval or permitting. This provision prevails over any more
specific provision to the contrary within this Chapter. The purpose of this provision is to prevent
any inadvertent favofing of commercial speech over noncommercial speech, or favoring of any
particular noncommercial message over any other noncommercial message. This provision does
not create a right to increase the total amount of signage on a parcel, nor does it affect the
requirement that a sign structure or mounting device be properly permitted.
Rules for non-communicative aspects of signs. All rules and regulations concerning the non-
communicative aspects of signs, such as location, size, height, illumination, spacing, orientation,
etc., stand enforceable independently of any permit or approval process.
Billboard policy. The City completely prohibits the construction, erection or use of any
billboards, other than those which legally exist in the City, or for which a valid permit has been
issued and has not expired, as of the date on which this provision is first adopted. The City
adopts this policy pursuant to California Government Code section 65850, Califomia Business
and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit
shall be issued for any billboard which violates this policy, and the City will take immediate
abatement action against any billboard constructed or maintained in violation of this policy. The
City Council affirmatively declares that it would have adopted this billboard policy even if it
were the only provision in this Chapter. The City Council intends for this billboard policy to be
severable and separately enfomeable even if other provision(s) of this Chapter may be declared,
by a court of competent jurisdiction, to be unconstitutional, invalid or unenfomeable. This
provision does not prohibit agreements to relocate presently existing, legal billboards, as
encouraged by California Business and Professions Code section 5412.
Multiple use zones. In any zone where both residential and non residential uses are allowed, the
signage fights and responsibilities applicable to any particular use shall be determined as
follows: residential uses shall be treated as if they were located in the residential use where that
type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if
they were located in a zone where that particular use would be allowed, either as a matter of right
or subject to a conditional use permit or similar discretionary process.
Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is
held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such
holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word,
portion, or provision of this Chapter which can be given effect without the invalid portion. In
adopting this Chapter, the City Council affirmatively declares that it would have approved and
adopted the Chapter even without any portion which may be held invalid or unenforceable.
Land owners' consent. No sign may be displayed without the consent of the legal owner of the
property on which the sign is mounted or displayed. For purposes of this policy, "owner" means
the holder of the legal title to the property and all parties and persons holding a present right to
possession, control or use of the property.
Legal nature of signage rights and duties. As to all signs attached to property, real or personal,
the signage rights, duties and obligations arising from this Chapter attach to and travel with the
land or other property on which a sign is mounted or displayed. This provision does not modify
or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as
they are not in conflict with this Chapter), or the ownership of sign structures.
Sign programs. Sign programs, voluntarily proposed for specific developments, as well as
special sign districts or special sign overlay zone, when approved by the Planning Commission
or the City Council may modify the rules stated herein as to sign size, height, illumination,
spacing, orientation or other non-communicative aspects of signs, but may not override or
modify any of these Standard Provisions. All the provisions of this section shall automatically
apply to and be deemed a part of any sign program approved afler the date on which this
provision is initially adopted.
19.60.060 Definitions.
As used in this Chapter, the following words have the meanings given in this section. These definitions
also apply to sign-related provisions of other Chapters, unless a different definition is given for that
Chapter. In the case of an approved sign program, any definitions given therein shall apply within that
sign program, unless such definition leads to a violation of any of the "Standard Provisions" stated in
CVMC § 19.60.050; for terms used in a sign program but not defined therein, these definitions also
apply.
"Abandoned sign" means any sign remaining in place or not maintained for a period of 90 days which
no longer advertises or identifies an ongoing establishment, product, or service available on the premise
where the display is located.
"Accessory use," in the context of this Chapter, means a sign which is an accessory to, and clearly
incidental to, the principal use on the same or adjoining parcel, lot, or property. In the context of
commercial messages on signs, it means an onsite sign.
"Air activated signs" means those signs which are inflated or inflatable, as well as those which are
activated by wind or forced air or gas.
"Area" when used in reference to the size of a sign, means the area of the sign face or display, expressed
in square feet.
"Animated sign" means any sign which is designed and constructed to call attention, or to give its
message, through a sequence of progressive changes in lighting, or of parts, including flashing, rotating
or revolving signs.
"Approved sign" means a sign for which a sign permit application has been received in accordance with
CVMC § 19.60.700 and approved by the City.
"Auxiliary sign" means any sign whose primary function is to direct, inform, instruct or warn by stating
objective facts about which there can be no meaningful debate. Examples: accessible parking, all
deliveries in back, hours of operation, danger high voltage, etc.
"Background area" means an area in one continuous plane, and not interrupted by architectural features,
lines or colors, upon which a signs copy is applied.
"Banner" means a strip of cloth, fabric, non-rigid paper, plastic or similar flexible material, on which is
displayed sign copy. Banners are typically hung or suspended fi:om fences, walls, or posts or poles.
"Billboard" means a permanent structure sign, located on private property, on which is displayed offsite
commercial messages, as well as any permanent structure which is a principal use (as opposed to an
accessory use) of the property on which it is built, on which messages are displayed. A billboard may be
freestanding or attached to other structures.
"Building frontage" means the total width of the elevation of a building that fi'onts on a private or public
right-of-way or the building elevation along which the main entrance exits. For the purposes of
calculating permitted sign area, every building has only one building frontage. For comer buildings or
through lots the larger width shall be used in calculating permitted sign area. If more than one
establishment or occupancy is located in a single building, then such area shall be limited to that portion
which is occupied by each individual establishment or occupancy.
"Canopy sign" means visual display attached to the underside of a projecting canopy or marquee
protruding over public or private sidewalks or rights-of-way.
"Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can
be changed or rearranged without altering the face or surface of the sign.
"Commercial zone" means one of the following types of zones: C-O, C-B, C-N, C-C, C-V, C-T, I-R, I-
L, or I.
"Commercial mascot" means humans or animals used as advertising devices for commercial
establishments, typically by the holding or wearing of insignia, masks or costumes associated with the
commercial establishment. Includes sign twirlers, sign clowns, etc.
"Commercial sign" means any sign, wording, logo, picture, transparency, mechanical device or other
representation that is intended to attract attention to a commercial or industrial business, occupancy,
product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
"Construction sign" means a sign erected and maintained within a construction project, typically used to
identify those individuals or businesses directly connected with the construction project and information
regarding direction, price or terms.
"Development sign" means a freestanding sign listing the architect, landscape architect, engineer,
planner, contractor, or other person or firm participating in the development, construction or fmancing
of the project on the site on which the sign is located.
"Directional sign" means a sign located adjacent to a driveway or mounted on a building designed to
guide or direct pedestrian or vehicular traffic to uses on the same site.
"Director" means the City of Chula Vista Director of Planning and Building or such director's designee.
"Directory sign" means a sign listing the name and location of the tenants, departments or
establishments of a building or shopping complex.
"Electronic message board sign" means a sign with a fixed or changing display composed of a series of
lights, light emitting diodes (LED) or liquid crystal display (LCD) or functionally similar devices.
"Establishment" means a legal, nonresidential use of land to conduct a commercial or noncommercial
activity. By way of example and not limitation, "establishment" includes stores, offices, churches,
hospitals, manufacturing facilities, etc. Does not include home based occupations or hobbies.
"Erect" (verb) means to build, construct, attach, hang, place, suspend or affix to or upon any surface.
"Expired sign" means a sign whose message refers to an event or a particular date, and such date or
event is more than ten days in the past.
"Flag" means a piece of cloth or bunting varying in size, color and design, used as a symbol, standard,
signal or emblem.
"Flashing sign" means any sign that is designed and constructed to call attention, or to give its message,
through a sequence of changes in color or intensity of illumination.
"Freestanding sign" means a sign, including a billboard or pole sign, which is self-supporting in a fixed
location and not attached to a building.
"Frontage" shall be considered that side of a lot or property ~onting on a public right-of-way or other
cimulation area open to the general public such as a dedicated street, exclusive of alleys.
"General advertising" means the business of renting or otherwise providing display space to commercial
advertisers located other than the place where the advertising will be displayed.
"Governmental signs" means those signs by which a governmental entity provides notice to the public.
Such signs typically indicate traffic rules, directions and distances, and notices of public hearings, etc.
"Ground or monument sign" means a low-profile freestanding sign erected with its base on the ground.
"Hand held sign" means a sign that is held by or otherwise mounted on a person or animal.
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"Identification sign" means a sign which serves to identify the name, address and lawful use of the
premises upon which the sign is located. Includes signs indicating the name of residents on residential
uses.
"Illegal sign" means: (a) any sign originally erected or installed without first complying with ail
structural, locational, design, building, and electrical regulations in effect at the time of its construction
or installation; (b) any sign that is not maintained, or is not used to identify or advertise an ongoing
establishment, occupancy, product, good or service available on the site of the sign for more than ninety
(90) days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following
the expiration of the 15-year amortization period provided for in this Chapter; and (e) any sign that is in
violation of the provisions of this Chapter.
"Informational sign" means any sign displayed on private property, the purpose of which is to state a
fact or attribute of that property which is of interest to the general public, such as the location of the
restroom, the hours of operation, a security protection notice and similar facts, and which sign does not
exceed an area of two (2) square feet.
"Legai nonconforming sign" means a sign that was originaily erected or installed in compliance with all
structural, locational, design, building, and electricai regulations at the time of its erection or installation,
but which does not conform to the provisions of this Chapter.
"Land owner's consent" means the consent or permission of the owner of land for the display of a sign
thereon. For purposes of this definition, land owner means the holder of the legal title to the property
and all parties and persons holding a present right to possession, control or use of the property. In the
case of personal property to which a sign is attached, the land owner's consent means the permission of
the owner of such personal property.
"Legally required signs" means those signs which are required to be placed or displayed, by a body of
law other than this Chapter. By way of example only, such signs typically include notices of eviction or
condemnation, notice of change of ownership, etc.
"Logo" means a trademark or symbol identifying the establishment, commercial or industrial service
provided on the site. Logns shall be considered signs for the purposes of this Chapter.
"Marquee sign" means any permanent architectural canopy projecting over the entrance to an
establishment, and any signage or message display thereon.
"Monument or ground sign" means a low-profile freestanding sign erected with its base on the ground.
"Multisided sign" means signs constructed back-to-back, with faces in approximately parallel planes
(such as on both sides of a single panel or V shape, provided the angle between the two faces does not
exceed 45 degrees), which shail count as only one sign, both as to number and area, i.e., only one side
need be counted. Every other sign having multiple sides or faces, including a sign constructed in the
form of a cylinder or sphere or similar figure, shall be limited in total area as provided herein.
"Noncommercial speech" or "noncommercial message" or "noncommercial sign" means a sign message
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which is not commercial in nature. Such messages typically relate to debatable matters of public
concern, such as, by way of example and not limitation, advocacy on politics, religion, arts, science,
philosophy, commentary on governmental policy, etc.
"Multiple establishment sign" means a sign upon which more than one establishment is displayed.
"Noncommercial sign" means a sign which does not name, advertise or call attention to a commercial or
industrial establishment, commodity, product, good, service or other commercial or industrial activity
for a commercial or industrial purpose.
"Off-site sign" means a commercial sign not located on the site of the establishment or entity indicated
or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other
commercial or industrial activity which originates on a site other than where the sign is maintained. The
onsite / offsite distinction applies only to commercial message signs.
"On-site sign" means any commercial sign which directs attention to a commercial or industrial
occupancy, establishment, commodity, good, product, service or other commercial or industrial activity
conducted, sold or offered upon the site where the sign is maintained. The onsite / offsite distinction
applies only to commercial message signs. For purposes of this Chapter, all signs with noncommercial
speech messages shall be deemed to be "on-site," regardless of location.
"Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and
enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and
position and in a permanent manner affixed to the ground, wall or building.
"Principal identification sign" means an establishment sign used to identify only the name of the
establishment and the principal product or service.
"Principal use" in the context of this Chapter means that a sign is a principal, as opposed to an
accessory, use on the parcel or lot where it is located, or proposed to be located.
"Pole sign" means a sign which is supported by one or more columns, uprights or braces in or upon the
ground.
"Portable sign" means any sign not permanently attached to the ground or another permanent structure,
or a sign capable of being transported, including, but not limited to, signs designed to be transported by
means of wheels, signs converted to A or T-frames, menu and sandwich board signs.
"Professional sign" means a sign indicating the name or names and occupation or occupations of a
professional person or group of associated professional persons occupying the premises.
"Projecting sign" means a sign that is mounted on and at an angle to the face of the wall of the building
to which it is attached.
"Real estate sign" means a sign indicating that real property is available for sale, exchange, rent or lease.
Such signs typically state that real property, or any interest therein, is for sale or exchange, or for lease
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or rent for a period longer than one week, and the names and contact information for persons involved in
such economic transaction.
"Rear wall sign" means a wall sign placed on a building wall that is parallel to the fi:om wall of a
building, but located on the opposite, furthest end of the building.
"Roof line" means the upper edge of any building wall or parapet, or ridge line. If a building has both a
parapet and a ridge line, the lower of the two will be considered the "roof line".
"Roof sign" is a sign upon, on or above the roof line of a roof or parapet of any building or structure.
"Safety codes" means those codes which have been duly adopted by the City, and which are currently in
effect, which regulate matters of safe development and construction, such as, by way of example and not
limitation, grading, mechanical, building, electrical and plumbing codes.
"Sensitive zones" means aghcultural, residential estate, R-l, R-2, R-3 and MHP zones.
"Search Lights" means focused light producers designed to project a moving beam of light into the night
sky for the purpose of attracting attention to an event or location. Search Lights are considered signs.
"Side wall sign" means a wall sign placed on a building wall that is generally perpendicular to the fi:om
wall of a building.
"Sign" is any device, fixture, placard or structure, including its component parts, which draws attention
to an object, product, place, activity, opinion, person, institution, organization, or place of business, or
which identifies or promotes the interests of any person and which is to be viewed from any public
street, road, highway, right-of-way or parking area. However, the following are not within the definition
of a "sign" for regulatory purposes of this Chapter:
Public property and public use property: Signs placed on land or other property owned by
the City, or in which the City holds the present right of possession or control, or land
which the City holds in trust, as well as all public fights of way;
Architectural features: Decorative or architectural features of buildings (not including
lettering, trademarks or moving parts);
Symbols embedded in architecture: Symbols of noncommercial organizations or concepts
including, but not limited to, religious or political symbols, when such are permanently
integrated into the structure of a permanent building which is otherwise legal;
Personal appearance: Items or devices of personal apparel, decoration or appearance,
including tattoos, makeup, costumes (but not including commercial mascots);
Manufacturers' marks: Marks on tangible products, which identify the maker, seller,
provider or product, and which customarily remain attached to the product even afier
sale;
Fireworks, etc.: the legal use of fireworks, candles and artificial lighting not otherwise
regulated by this Chapter;
Certain insignia on vehicles and vessels: On street legal vehicles and properly licensed
watercraft: license plates, license plate frames, registration insignia, noncommercial
messages,
Grave stones or grave markers.
Newsracks and newsstands.
"Site" means the location ora sign. In the case of legal parcels containing only one legal use, that parcel
is the site. For parcels containing more than one legal use, the site is the portion of the parcel on which
each use is located.
"Street address sign" means a wall sign placed on the side of the building parallel to the front property
line or main entrance, or parallel to the public right-of-way solely for the purpose of providing the street
address for the site.
"Temporary sign" is any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other
light materials, with or without frames, intended to be displayed for a limited period of time not to
exceed sixty (60) days.
"Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or
damage to persons or property on account of the condition of the physical structure of the sign or its
mounting mechanism.
"Wall sign" is a sign, including a painted sign, attached to, painted on, or erected against the wall of a
building or structure, with the exposed face of the sign in a plane parallel to the plane of such wall.
"Window sign" means a sign that is painted on either the outside or inside surface of the glazed area
(including glazed doors), and any sign that is posted or affixed to the inside surface of the glazed area, or
is located in such a manner as to be visible through the glazed area.
19.60.100 Sign area.
The area of a sign is calculated as follows:
Background panel signs. Sign copy which is mounted, affixed, or painted on a background panel
or area distinctively painted, textured or constructed as a background for the sign copy, is
measured as that area contained within the sum of the smallest rectangles, squares, triangles,
parallelogram, circles or ellipses that will enclose both the sign copy and the background.
Background surface signs. The area of a sign consisting of copy mounted as individual letters or
graphics against a wall, fascia, mansard, or parapet ora building surface or another surface, that
has not been painted, textured, or otherwise altered to provide a distinctive background for the
sign copy, is measured as the sum of the smallest rectangles, squares, triangles, parallelograms,
circles or ellipses that will enclose each word, graphic or discrete visual element in the total sign.
Illuminated background signs. The area of a sign with copy mounted, affixed, or painted on an
illuminated surface or illuminated element or a building or structure, is measured as the entire
illuminated surface or illuminated element which contains sign copy. Such elements may
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include, but are not limited to lit canopy fascia signs, spanner board signs, and / or interior lit
awnings.
Two faced signs. Ifa sign has two display faces, and the interior angle between the two faces is
forty-five degrees or less, then the sign area is one sign face only; however, if the two faces are
of different sizes or shapes, then the larger is used. If the sign has two display faces, and the
interior angle between the two faces is greater than forty-five degrees, then the sign area is the
sum of the areas of the two faces.
Multi-faced signs. Ifa sign has three or more faces, then the sign area is the 50% of the
aggregate area of all sign faces. The area of each face shall be determined according to
subsection A. or B. above, as applicable.
Statuary and Non-planar signs. The area of a spherical, flee form, sculptural or other non-planar
sign is fifty percent of the sum of the areas, using only the four vertical sides of the smallest four-
sided polyhedron which will completely enclose the entire sign structure.
19.60.110 Sign height.
Sign height is the vertical distance from the average grade of the ground immediately below the
uppermost point ora sign, as measured to points five feet in all directions from said point, to the topmost
portion of the sign. The base or structure erected to support or adorn a monument, pole or other
freestanding sign is measured as part of the sign height.
19.60.120 Sign illumination.
Residential signs. Signs on residential uses in any zone may not be separately or specially
illuminated, unless otherwise specified.
General role for all non-residential uses. Other than signs on residential uses, all other signs may
be non-illuminated, or illtuninated by internal, internal indirect (halo) illumination, or lit by
external indirect illumination, unless otherwise specified. Signs may not be illuminated in a
manner which leaves the illumination device exposed to public view except with the use of neon
tubing as provided in subsection E. below.
Internal illumination. Outdoor, internally illuminated signs, including but not limited to awning /
canopy signs, cabinet signs (whether fi:eestanding or building mounted), changeable copy panels
or service island signs, shall be constructed with an opaque background and translucent letters or
other graphical elements, or with a colored background and lighter letters or graphics.
External indirect illumination. Externally lit signs are permitted to be illuminated only with
steady, stationary, down directed and shielded light sources directed solely onto the sign. Light
bulbs or tubes (excluding neon), used for illuminating a sign, shall not be visible from the
adjacent public rights of way or residential properties.
E. Neon.
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Exposed neon. Exposed neon tube illumination is not permitted in residential zones, or
on residential uses in any zone. It is allowed in all other places, unless otherwise
specified.
Neon borders. Neon illumination used as a sign copy projection, border, frame or other
embellishment of sign copy shall not be included in the total size or area of the sign,
provided the measured area of any such projection or detailed embellishment does not
exceed twelve square feet in area, or twenty-five percent of the sign display face area,
whichever is greater. If neon embellishments exceed these limits, then the
embellishments shall be included and counted as part of the permitted sign area for the
use.
19.60.200 Support requirements.
The supporting members of all signs shall be free of any external bracing such as guy wires or cables.
All supporting columns shall be designed as an integral or architectural feature of the building.
19.60.210 Materials.
Paper or cardboard signs and cloth or plastic fabric banners may only be used in conjunction with a
special event or temporary outside sale and display as provided in Chapter 19.58 ("Uses"); however,
paper or cardboard signs may be used for indoor window and windshield signs, when such are allowed.
19.60.220 Construction standards.
All signs shall be installed and constructed in a professional and workmanlike manner and shall be
maintained in good and safe structural condition and good physical appearance. All exposed structural
components shall be painted, coated or made of rust inhibitive material.
19.60.300 Prohibited signs.
Unless otherwise provided, the following sign types are prohibited throughout the City.
Flashing. Signs which use intermittent illumination, intermittent reflection (whether from the
sun or an artificial source) flashing images, scintillation or lights of varying intensity, including
electronic message board signs, but not including barber poles;
Moving. Signs which have any visible portion in motion, either constantly or at intervals, which
motion may be caused by either artificial or natural sources;
Air activated. Signs which are activated by wind or moving air, including but not limited to
whirligigs;
Lighter than air. Tethered blimps, tethered dirigibles, and tethered balloons used to display
commercial messages or general advertising; however, certain balloons may be allowable in
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conjunction with special events, as regulated by CVMC § 19.58.370 and § 19.58.380;
Visibility blocking. No sign shall be erected at the intersection of any streets in such a manner as
to create a traffic hazard by obstructing vision; or at any location where the sign may interfere
with, obstruct the view of, or be confused with any authorized traffic sign.
19.60.400 Sensitive zones - basic signage allowance.
In agricultural, residential estates, R-1, R-2, R-3 and MHP zones ("sensitive zones"), the signage
described in this section is allowed, subject to permit requirements. Additional signage may be allowed,
as described in the separate regulations for each particular zone, or particular uses therein.
Basic signage allowance. For each legal parcel in any of the sensitive zones, either one wall sign
or one free standing sign is allowed. The area shall not exceed one and one half square feet. For a
freestanding sign the height shall not exceed six feet, and the sign shall be set back from the
property line or curbline (whichever is closer to the interior of the parcel) by a minimum often
feet. In the residential estates, R-1 and R-2 zones, such signs shall not display commercial
messages.
Public and quasi-public uses within sensitive zones. In addition to the basic signage allowance,
parcels on which are located legally operating public and quasi public uses, including but not
limited to religious uses (churches, chapels, synagogues, mosques, etc.), emergency services
(fire, police, hospital, etc.) and educational uses (schools, day care centers, etc.) the following
signage is allowed:
One permanent wall sign, the area of which shall not exceed 30 square feet. The wall
sign may be illuminated.
One changeable copy sign, the area of which shall not exceed 50 square feet and 12 feet
in height. If such sign is free standing, then it shall be set back at least ten feet from all
streets.
Public and quasi-public special event signs. Any public or quasi-public establishment in a
sensitive zone may display temporary promotional signs in conjunction with a special event.
Said signs may consist of A and I frame signs and signs on paper, cardboard, plastic or fabric.
The signs shall:
a. Be located on the premises of the establishment having the special event;
b. Not create a traffic hazard because of the distractive character to motorists of any
sign or the cumulative effect of all the signs on the lot;
c. Not unreasonably obscure existing signs or adjacent properties;
d. Not interfere with internal circulation or eliminate required parking.
Only one freestanding sign shall be allowed on each street frontage. The freestanding
sign shall not be more than eight feet in height or contain more than forty square feet of
sign area.
Not more than six permits allowing special event signage shall be issued to an
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/a /g
establishment in any one calendar year.
The maximum time limit for displaying special event signs for any one special event shall
not exceed 14 consecutive days.
Pennants may be used only for safety and precautionary purposes.
The applicant shall submit a statement describing the commencement and ending date of
the special event. The applicant shall also submit a site plan indicating the location and
area of signs. Each permit shall also be accompanied by the required filing fee(s).
19.60.410 R-3 zones.
In addition to the basic signage allowance in sensitive zones, the following rules apply to signs in the R-
3 zone:
Wall sign. One wall sign for each street frontage, a maximum of 15 square feet of sign area for
buildings with a width of 30 feet or less. Buildings over 30 feet in width shall be allowed an
additional one square foot for each foot over 30 feet to a maximum of 30 square feet. In cases of
more than one building on the property, the area of the sign shall be based on the lineal frontage
of the building on which it is placed. Only the name and address may be placed on the building;
Freestanding sign. One freestanding sign may be used in lieu of one wall sign. Through lots will
be allowed an additional freestanding sign if the frontage is used for access. Commemial
messages on the sign may consist only of the name and address of the manager, except the
vacancy status and location of the manager's office may be placed on the sign, if designed as part
of the sign. Maximum height, five feet. Maximum sign area, 12 square feet, except an additional
two square feet may be added for the vacancy status;
Manager's sign. A sign designating the location of the manager's office may be placed on or
near the main entrance to the units. Maximum size: one and one half square feet. Such sign may
be attached to the dwelling or incorporated in the design of the freestanding sign. Maximum
square footage of the freestanding sign shall not be increased to accommodate said sign;
Vacancy sign. A separate freestanding vacancy sign, a maximum of three and one-half feet in
height and two square feet in area, may be used if no other freestanding sign exists on the
property; otherwise, it shall be placed on the building;
Screening wall sign. One sign may be placed on a structure used for screening of parking in
lieu of a wall or freestanding sign. Only the name and address may be placed on the structure.
Maximum area, 15 square feet.
19.60.430 MHP zones.
in addition to the basic signage allowance in sensitive zones, the following rules apply to signs in the
MHP zone:
Wall or Freestanding sign. One wall sign or single- or double-faced freestanding sign,
designating the use of the premises, facing or adjacent to each street abutting the property. The
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height of a freestanding sign shall not exceed eight feet. The total face area of all wall and
freestanding signs, excluding directional signs, shall not exceed one-tenth square foot for each
linear foot of street frontage, and no sign shall exceed a maximum area of 32 square feet.
Directional sign. One directional sign, not to exceed 10 square feet in area, may be placed at
each entrance or exit driveway. No such sign shall exceed a height of eight feet measured
vertically from the base at ground level to the apex of the sign. Directional signs may be lighted.
19.60.450 P-C zones.
The Planning Commission and City Council may establish sign standards and provisions for a P-C
(planned community) zone concurrently with the approval of a general development plan or sectional
planning area. However, such standards must comply with and incorporate all of the Standard Provisions
of this Chapter, CVMC § 19.60.050.
19.60.500 Sign rules - all commercial zones.
Window signs. When allowed, window signs may cover a maximum of twenty percent of the
window area in all commercial and industrial zones. Other than painted window signs, no sign
shall be permitted to be located on the outside surface of the glazed area.
Canopy signs (soffits). One onsite canopy sign or soffit is permitted for each establishment in a
commercial zone. Minimum clearance for signs attached under the marquee is seven feet. The
maximum size of a canopy sign is one foot wide by five feet long. The sign may not project
beyond marquee. Larger canopy signs facing a dedicated street or interior parking area may be
used in lieu of wall signs, provided the signs do not exceed the maximum area permitted in the
underlying zone for wall signs.
Temporary promotional signs. Temporary promotional signs in conjunction with "special
events" as defined and regulated by CVMC § 19.58.370 and § 19.58.370 are allowed for any
non-residential use in a commercial zone. Commercial messages on such signs will pertain to
grand openings, change of business address, change of ownership or lessee, business
anniversaries and similar promotional events. Said signs may consist of A and I frame signs and
signs on paper, cardboard, plastic or fabric. The signs shall be located on the premises of the
business having the special event. The number and location of the signs shall not create a traffic
hazard because of the distractive character to motorists of any sign or the cumulative effect of all
the signs on the lot, nor shall any sign unreasonably obscure existing signs or adjacent properties.
Only one freestanding sign shall be allowed on each street frontage; such sign shall not be more
than eight feet in height or contain more than forty square feet of sign area. Pennants may be
used only for safety and precautionary purposes. Price signs may be used but shall not exceed 12
by 16 inches. Excluding price signs, the total area of all promotional signage shall not exceed
two square feet of lineal street frontage of the sales area.
Other signs. The following signs are allowed in all commercial zones: Window; temporary
promotional, public and quasi-public; directional; warning; instructional; directory; real estate;
signs allowed pursuant to the unclassified use approval process; signs on mansard roofs; signs on
-17-
pitched roofs; and signs on architectural appendages. Service station price signs are allowed
anywhere that motor fuels may be legally sold or dispensed to the public. Drive-in theater
marquees may be allowed only when onsite to a legal use of drive in theater. Theater marquees are
allowed only onsite to legally use as a theater.
19.60.510 Commercial - Administrative and Professional Office (C-O) zone.
The following signs are allowed in C-O zones:
Wall and~or marquee: Each establishment shall be allowed a combined sign area of 20 square feet
for each portion of the building facing a dedicated street or alley. Establishments facing a major or
collector street shall be allowed an additional one square foot for each two feet of lineal build'rog
frontage over 20 feet facing said street, but shall not exceed a total of 50 square feet.
Each establishment shall also be allowed signs facing on-site parking areas for five or more cars
and walkways, a minimum of 10 feet in width. The signs shall be allowed one-half square foot per
lineal foot of building facing said area; maximum area, 20 square feet per establishment;
Freestanding (pole): Each lot shall be allowed a freestanding sign with a maxLmum sign area of
three square feet; however, if more than one establishment is located on the lot or is located in a
building designed for occupancy by more than one establishment, the area of the sign may be
increased an additional three square feet for each establishment displayed on the sign to a
maximum area of 12 square feet and four tenant establishment signs. The sign shall not exceed
eight feet in height. An establishment or business complex located on a major or collector street
shall be allowed a freestanding pole sign subject to the following:
2.
3.
4.
5.
6.
Maximum height, 16 feet;
Maximum sign area, 32 square feet;
Minimum ground clearance, eight feet;
The sign shall not be permitted to project into the public right-of-way;
The sign shall maintain a 1 O-foot setback from all interior property lines;
Only one establishment or the name of the commercial complex may be displayed on the
sign.
Ground (monument): A low-profile ground sign may be used in place of a freestanding pole sign.
The sign shall be subject to the following:
2.
3.
4.
Maximum height, four feet. Establishments located on major or collector streets, six feet;
Maximum sign area, 12 square feet. Establishments located on major or collector streets,
25 square feet;
The sign shall maintain a five-foot setback from all streets and 10 feet from all interior
property lines;
The sign structure shall be designed to be architecturally compatible with the main building
and constructed with the same or similar materials.
D. Projecting: A projecting sign may be used in lieu of a freestanding (pole or ground) sign subject to
the following:
1. The maximum projection from the face of the building shall be based on the clearance of
the sign fi'om the bottom of the sign to the ground as shown in the following table:
Ground
Clearance
8' or ~ess
9,
10'
12'
13'
14'
Maximum Maximum Diagonal
Projection Projection (corner lot)
1'0 1'0
2'0 II 2'4
2'6 Jl 3'0
3'0 II 3'8
3'6 Il 4'4
4,0 II 5,0
2. Projecting signs less than eight feet from the ground shall not project closer than three feet
to any area used for vehicular circulation and six inches to any area used for pedestrian
circulation;
3. The sign shall not project above the roof, parapet or first story;
4. The maximum sign area for double-faced signs shall be 12 square feet and 24 square feet
for spheres, cylinders, and multisided signs, not including the top and bottom of the sign
when no copy is applied to those surfaces.
E. Signs on Screening Walls or Fences: Signs denoting the names of the occupants, principal
establishment, or name of the commemial complex may be applied to a wall or fence used as
screening of parking areas in lieu of a freestanding or projecting sign. Maximum sign area shall be
three square feet; except, an establishment or complex located on a major or collector street shall
be allowed an area of 25 square feet.
F. The design review committee may reduce sign areas and height below those authorized above
based on the sign guidelines and criteria contained in the design manual, without consideration of
the graphic design of the copy or message displayed on the sign.
19.60.520 Central Business (C-B) zone.
The following signs are allowed in C-B zones:
A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be
increased to a maximum of three square feet per lineal foot of building frontage; provided, the sign
does not exceed 50 percent of the background area on which the sign is applied, mounted or
displayed.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. Such signs may contain an area of one square foot per
lineal foot of building frontage facing said area; however, the area may be increased to two square
feet per lineal foot of build'rog frontage; provided, the sign does not exceed 50 percent of the
background area on which the sign is applied, mounted or displayed;
Ground (monument): Each lot or commercial complex shall be allowed a low-profile ground sign,
subject to the following:
Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated
street. In the case of comer lots, only one frontage shall be counted;
Maximum height, six feet;
Maximum sign area, 25 square feet;
The sign shall maintain a five-foot setback from all streets and 10 feet from all interior
property lines;
The sign structure shall be designed to be architecturally compatible with the main build'mg
and constructed with the same or similar materials.
Projecting: Each establishment shall be allowed a projecting sign subject to the following:
The maximum projection fi.om the face of the building shall be based on the clearance of
the sign from the bottom of the sign to the ground as shown in the following table:
Ground
Clearance
8' or less
9'
10'
11'
12'
13'
14' or more
Maximum
Projection
1'0
1'6
2'0
2'6
3'0
3'6
4'0
Maximum 45° Diagonal
Projection (corner lot)
1'0
1'8
2'4
3'0
3'8
4'4
4'0
Projecting signs less than eight feet from the ground shall not project closer than three feet
to any area used for vehicular circulation and six inches to any area used for pedestrian
circulation;
The sign shall not project above the roof, parapet or first story;
The maximum sign area for double-faced signs shall be 12 square feet and 24 square feet
for spheres, cylinders, and multisided signs, not including the top and bottom of the sign
when no copy is applied to those surfaces.
Signs on Screening Walls or F~nces. In lieu of a ground sign or projectLng sign, a sign may be
applied to a wall or fence used for screening of parking areas. The sign shall be subject to the
following:
The sign may only denote the name of the principal establishment or the name of the
commercial complex;
Maximum sign area: 25 square feet.
The design review committee may reduce sign areas and heights below those authorized above
based on the sign guidelines and criteria contained in the design manual, without consideration of
the graphic design of the copy or message displayed on the sign.
19.60.530 Neighborhood Commercial (C-N) zone.
The following signs are allowed in C-N zones:
Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
per lineal foot of building frontage facing a dedicated street or alley; however, the sign may be
increased to a maximum of one and one-half square feet per lineal foot of building frontage;
provided, the sign does not exceed 50 percent of the background area on which the sign is applied,
mounted or displayed.
Each establishment shall be allowed signs facing on-site parking areas for five cars or more and
walk'ways 10 feet in width. Such signs may contain a sign area of one-half square foot per lineal
foot of building frontage. The maximum sign area shall not exceed 20 square feet per
estabhshment.
B. Freestanding (pole): A freestanding pole sign shall be subject to the following:
4.
5.
6.
7.
8.
Each neighborhood shopping center or shopping complex consisting of one parcel or
contiguous parcels shall be allowed one freestanding pole sign (in exisfmg developed
shopping centers a freestanding service station sign shall be allowed to remain and will not
be included in determining the total number of signs allowed);
Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated
street. In the case of comer lots, only one frontage shall be counted;
Maximum height, 25 feet;
Maximum sign area, 100 square feet;
Minimum ground clearance, eight feet;
The sign may project a maximum of five feet into the public right-of-way;
The sign shall maintain a 10-foot setback from all interior property lines;
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
of 12 square feet and shall maintain a minimum setback of five feet fi'om all streets;
Commercial messages on pole signs in the C-N zone may identify only the name of the
shopping center or complex and tenants therein.
C. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign.
-21 -
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall maintain a minimum setback of five feet from all streets and 10 feet fi'om ail
interior property lines;
The sign structure shall be designed to be architecturally compatible with the main build'rog
and constructed with the same or similar materials.
Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall
or fence used for screening of parking areas. The sign shall be subject to the following:
The sign may only denote the name of the principal establishment or the name of the
commercial complex;
Maximum sign area, 25 square feet.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
19.60.540 Central Commercial (CC) zone.
The following signs are allowed in C-C zones:
Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be
increased to a maximum of three square feet per lineal foot of building frontage; provided, the sign
does not exceed 50 percent of the background area on which the sign is applied, mounted or
displayed.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. Such signs may contain an area of one square foot per
lineal foot of building frontage facing said area; however, the area may be increased to two square
feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the
background area on which the sign is applied, mounted or displayed. The maximum sign area shall
not exceed 100 square feet;
B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following:
Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated
street. In the case of comer lots or through lots, only one frontage shall be counted;
The sign may contain one square foot of area for each lineal foot of street frontage but shall
not exceed 150 square feet. In the case of comer lots or through lots, only the fi'ontage the
sign is oriented to shall be counted toward the allowable sign area,
Maximum height, 35 feet;
Minimum ground clearance, eight feet;
- 22 -
The sign may project a maximum of five feet into the public right-of-way;
The sign shall maintain a 1 O-foot setback from all interior property lines;
Comer parcels containing five acres or more shall be allowed one freestanding sign on each
street frontage on a major or collector street and shall be spaced at intervals of not less than
500 feet apart. Such signs shall not face the side of any adjoining lot in an R district;
Commercial messages on pole signs in the C-C zone may identify only the name of the
shopping center or complex and tenants therein."
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
of 15 square feet and shall maintain a minimum setback of five feet from all streets.
Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign.
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all
interior property lines;
The sign structure shall be designed to be architecturally compatible with the main building
and constructed with the same or similar materials.
Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall
or fence used for screening of parking areas. The sign shall be subject to the following:
The sign may only denote the name of the principal business or the name of the
commercial complex;
Maximum sign area, 25 square feet.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
19.60.550 Visitor Commercial (C-V) zone.
The following signs are allowed in C-V zones:
Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
per lineal foot of building l~ontage facing a dedicated street or alley; however, the sign area may be
increased to a maximum of three square feet per lineal foot of building frontage; provided, the sign
does not exceed 50 percent of the background area on which the sign is applied.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. Such signs may contain an area of one square foot per
lineal foot of building frontage facing said area; however, the area may be increased to two square
feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the
background area on which the sign is applied, mounted or displayed. The maximum sign area shall
not exceed 100 square feet;
-23-
B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following:
4.
5.
6.
7.
Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated
street. In the case of comer lots or through lots, only one frontage shall be counted;
The sign may contain one square foot of area for each lineal foot of street frontage but shall
not exceed 150 square feet. In the case of comer lots or through lots, only the frontage the
sign is oriented to shall be counted toward the allowable sign area;
Maximum height, 35 feet;
Minimum ground clearance, eight feet;
The sign may project a maximum of five feet into the public right-of-way;
The sign shall maintain a 1 O-foot setback from all interior property lines;
Comer parcels containing five acres or more shall be allowed one freestanding sign on each
street frontage on a major or collector street and shall be spaced at intervals of not less than
500 feet apart. Such signs shall not face the side of any adjoining lot in an R district;
Commercial messages on pole signs in the C-V zone may identify only the name of the
shopping center or complex and tenants therein.
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
of 15 square feet and shall maintain a minimum setback of five feet from all streets;
Ground (monument): A low profile ground sign maybe used in lieu of a freestanding pole sign.
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall maintain a minimum setback of five feet from all streets and 10 feet from all
interior property lines;
The sign structure shall be designed to be architecturally compatible with the main building
and constructed with the same or similar materials.
Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to a wall
or fence used for screening of parking areas. The sign shall be subject to the following:
The sign may only denote the name of the principal establishment or the name of the
commercial complex;
Maximum sign area, 25 square feet.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
19.60.560. Commercial Thoroughfare (C-T) zone.
The following signs are allowed in C-T zones:
A. Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
- 24 -
per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be
increased to a maximum of three square feet per lineal foot of building frontage; provided, the sign
does not exceed 50 percent of the background area on which the sign is applied, mounted or
displayed.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. Such signs may contain an area of one square foot per
lineal foot of building frontage facing said area; however, the area may be increased to two square
feet per lineal foot of building frontage; provided, the sign does not exceed 50 percent of the
background area on which the sign is applied, mounted or displayed. The maximum sign area shall
not exceed 100 square feet;
Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following:
4.
5.
6.
7.
Signs are restricted to those lots having a minimum frontage of 50 feet on a dedicated
street. In the case of comer lots, only one frontage shall be counted;
The sign may contain one square foot of area for each lineal foot of street frontage, but
shall not exceed 150 square feet. In the case of comer lots or through lots, only the frontage
the sign is oriented to shall be counted toward the allowable sign area;
Maximum height, 35 feet;
Minimum ground clearance, eight feet;
The sign may project a maximum of five feet into the public right-of-way;
The sign shall maintain a 10-foot setback from all interior property lines;
Comer parcels containing five acres or more shall be allowed one freestanding sign on each
street frontage on a major or collector street and shall be spaced at intervals of not less than
500 feet apart. Such signs shall not face the side of any adjoining lot in the R district;
Commercial messages on pole signs in the C-T zone may identify only the name of the
shopping center or complex and tenants therein.
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
of 15 square feet and shall maintain a minimum setback of five feet from all streets.
Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign.
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall ma'mtain a minimum setback of five feet from all s~'eets and 10 feet
from all interior property lines;
The sign structure shall be designed to be architecturally compatible with the main
building and constructed with the same or similar materials.
Projecting: A projecting sign may be used in place of a freestanding (pole or ground) sign subject
to the following:
The maximum projection from the face of the building shall be based on the clearance of
the sign from the bottom of the sign to the ground as shown in the following table:
Ground
Clearance
8' or less
9'
.12'
'1:3'
14'
15'
J 16' or more
Maximum
Projection
2'0
2'{5
4'0
4'{5
Maximum Diagonal (45°)
Projection (corner lot)
1'0
1'8
2'4
3'0
3'8
4'4
5'0
5'8
6'4
Projecting signs less than eight feet from the ground shall not project closer than three feet
to any area used for vehicular circulation and six inches to any area used for pedestrian
circulation;
The sign shall not project above the roof, parapet, or first story;
The maximum sign area shall be 60 square feet for spheres, cylinders and multisided signs,
not including the top and bottom of the sign where no copy is applied to those surfaces.
Rooftop: Each lot shall be allowed a rooftop sign in lieu ofa fi:eestanding or projecting sign in
accordance with the following:
Such signs are restricted to those establishmems having a minimum street fromage of 100
feet on a dedicated street and a minimum building fi:ontage of 50 feet. In the case of comer
lots, only one frontage shall be counted;
The height of the rooftop sign above the building on which it is located shall not exceed the
height of the building measured fi:om the ground level to the top of a parapet wall, a ridge
line or the highest point of the roof. But in no case shall the height exceed 35 feet above the
ground level;
The maximum area of the sign shall not exceed 50 square feet for buildings having 50 feet
of fi:ontage. Buildings with frontages of more than 50 feet may increase the area of the sign
two square feet per lineal foot over 50 feet but shall not exceed 150 square feet.
[__B~i_!d~ing Frontage
{50'
55'
60'
65'
-/0'
75'
Sign Area {Sq. Ft.)
50
6o
70
8o
90
100
- 26 -
80, I
85' [ 120
90, i 130
95, II 14o
O0'andover Ii I
The sign shall be placed perpendicular to the street it is oriented to and shall maintain a
minimum setback of 10 feet fi.om the sides of the building,
The sign shall not be penxtitted to project beyond the building face.
Signs on Screening Walls or Fences: In lieu of a freestanding sign, a sign may be applied to a wall
or fence used for screening of a parking area. The sign shall be subject to the following:
The sign may only denote the name of the principal establishment or the name of the
commercial complex,
Maximum sign area, 25 square feet.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
10.60.570. Industrial Research (I-R) zone.
The following signs are allowed in I-R zones:
Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
for each lineal foot of building fi.ontage facing a dedicated street or alley, to a maximum of 100
square feet.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. They shall be allowed a sign area of one square foot per
lineal foot of building fi'ontage facing said area, to a maximum of 50 square feet.
B. Freestanding (pole): Each lot shall be allowed one freestanding pole sign subject to the following:
3.
4.
5.
6.
7.
Signs are restricted to those lots having a minimum frontage of 75 feet on a dedicated
street. In the case of comer lots, only one frontage shall be counted;
Maximum sign area, 75 square feet;
Maximum height, 20 feet;
Minimum ground clearance, eight feet;
The sign shall not be permitted to project into the public right-of-way;
The sign shall maintain a 10-foot setback from all interior property lines;
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
-27- /~
of 12 square feet and shall maintain a five-foot setback fi.om all streets;
Commercial messages on pole signs in the I-R zone may identify only the name of the
complex and tenants therein.
Ground (monument): A low-profile ground sign may be used in lieu ofa fi.eestanding pole sign.
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall maintain a minimum setback of five feet from all streets and 10 feet fi.om all
interior property lines,
The sign structure shall be designed to be architecturally compatible with the main building
and constructed with the same or similar materials.
Signs on Screening Walls or Fences: In lieu of a fi.eestanding sign, a sign may be applied to a wall
or fence used for screening of parking areas. The sign shall be subject to the following:
The sign may only denote the name of the principal establishment or the name of the
commercial complex;
Maximum sign area, 25 square feet.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
19.60.580 Limited Industrial (I-L) zone.
The following signs are allowed in I-L zones.
Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be
increased to a maximum of three square feet per lineal foot of building frontage; provided, that the
sign does not exceed 50 percent of the background area on which the sign is applied, mounted or
displayed.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. Such signs shall be allowed an area of one square foot per
lineal foot of building frontage facing said area; however, the area may be increased to two square
feet per lineal foot of building frontage; provided, that the sign does not exceed 50 percent of the
background area on which the sign is applied, mounted or displayed. The maximum sign area shall
not exceed 100 square feet.
B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following:
Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated
street. In the case of comer lots, only one frontage shall be counted;
-28- lb .?/
4.
5.
6.
7.
The sign may contain one square foot of area for each lineal foot of street frontage but shall
not exceed 150 square feet. In the ease of comer lots or through lots, only the frontage the
sign is oriented to shall be counted toward the allowable sign area;
Maximum height, 35 feet;
Minimum ground clearance, eight feet;
The sign shall not be permitted to project into the public right-of-way;
The sign shall maintain a 20-foot setback fi:om all interior property lines;
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
of 12 square feet and shall maintain a minimum setback of five feet from all streets;
Commercial messages on pole signs in the I-L zone may identify only the name of the
complex and tenants therein.
Ground (monument): A low-profile ground sign may be used in lieu of a fi'eestanding pole sign.
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall maintain a minimum setback of five feet from all streets and 10 feet fi.om all
interior property hnes;
The sign structure shall be designed to be architecturally compatible with the main building
and constructed with the same or similar materials.
Signs on Screening Walls or Fences: In lieu of a freestanding sign, a sign may be applied to a wall
or fence used for screening of parking areas. The sign shall be subject to the following:
The sign may only denote the name of the principal establishment or the name of the
commemial complex;
Maximum sign area, 25 square feet.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
10.60.590 General Industrial (1) zone.
The following signs are allowed in I zones:
Wall and/or marquee: Each establishment shall be allowed a combined sign area of one square foot
per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be
increased to a maximum of three square feet per lineal foot of building fi'ontage; provided, the sign
does not exceed 50 percent of the background area on which the sign is applied, mounted or
displayed.
Each establishment shall also be allowed signs facing on-site parking areas for five cars or more
and walkways 10 feet or more in width. Such signs shall be allowed an area of one square foot per
lineal foot of building fi:ontage facing said area; however, the area may be increased to two square
- 29 -
feet per lineal foot of building fi.ontage; provided, the sign does not exceed 50 pement of the
background area on which the sign is applied, mounted or displayed. The maximum sign area shall
not exceed 100 square feet;
B. Freestanding (pole): Each lot shall be allowed one freestanding sign subject to the following:
4.
5.
6.
7.
Signs are restricted to those lots having a minimum frontage of 100 feet on a dedicated
street. In the case of corner lots, only one frontage shall be counted;
The sign may contain one square foot of area for each lineal foot of street frontage but shall
not exceed 150 square feet. In the case of comer lots or through lots, only the frontage the
sign is oriented to shall be counted toward the allowable sign area;
Maximum height, 35 feet;
Minimum ground clearance, eight feet;
The sign shall not be permitted to project into the public right-of-way;
The sign shall maintain a 20-foot setback from all interior property lines;
Freestanding pole signs less than eight feet in height are restricted to a maximum sign area
of 12 square feet and shall maintain a minimum setback of five feet fi.om all streets;
Commercial messages on pole signs in the I zone may identify only the name of the
complex and tenants therein.
Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign.
The sign shall be subject to the following:
Maximum height, eight feet;
Maximum sign area, 50 square feet;
The sign shall maintain a minimum setback of five feet from all streets and l0 feet from all
interior property lines;
The sign structure shall be designed to be architecturally compatible with the main building
and constructed with the same or similar materials.
The design review committee may reduce sign areas below those authorized above based on the
sign guidelines and criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
19.60.595 Other zones.
Whenever sign standards or provisions have not been established for an unclassified use requiring the
issuance of a conditional use permit, the Planning Commission may establish sign standards and
provisions concurrently with the request for the conditional use permit. However, such standards must
comply with and incorporate all of the Standard Provisions of this Chapter.
There are no general sign provisions in the public and quasi-public, floodway, or tidelands zones. The
Planning Commission and City Council shall establish sign standards and provisions for a particular use in
these zones concurrently with the approval of the use's conditional use permit. However, such standards
must comply with and incorporate all of the Standard Provisions of this Chapter, CVMC § 19.60.050.
19.60.600 Specialty signs.
The signs described in this section are based on the legal use of the land on a particular parcel.
Theater marquees. When allowed as an accessory to a legal use as a drive in theater, a
freestanding drive-in theater marquee sign shall not exceed 250 square feet in area or 25 feet in
height. The sign shall maintain a 20-foot setback from all property lines. Each theater, drive-in or
non-drive-in, shall be allowed to use changeable copy signs in addition to the signs permitted in the
underlying zone. The area of the signs shall not exceed 60 square feet facing in any one d'trection,
nor shall the total aggregate sign area exceed 150 square feet.
Service station price signs. On each legally operating station selling fuels for motor vehicles, one
service station price sign is allowed on each street frontage, subject to:
The maximum sign area shall be fit~een square feet, and the sign shall not exceed five feet
in any dimension. Such sign shall not be in conflict with the provisions of the city's traffic
code relating to visual clearance. The sign shall satisfy the requirements of California
Business and Professions Code section 13531, and be posted with the correct prices at all
times. The signs shall be designed as a permanent structure, rigidly attached to a building,
wall, or adequately anchored in the ground to resist wind pressure as specified in Title 15 in
the currently adopted uniform building code. A freestanding structure shall be
architecturally compatible with the building and shall not exceed a maximum height of six
feet.
A sign may be attached to a freestand'mg sign if designed to be architecturally part of the
sign.
Price signs may be displayed on the main body of a pole sign but shall not exceed twenty-
five percent of the main sign area or fit~een square feet, whichever is the least amount.
Notwithstanding the above provisions, no price signs otherwise required by the provisions
of Business and Professions Code Section 13531 shall be placed along the following areas
which have been designated on the city's general plan as scenic corridors or historic
preservation areas: That area along East "H" Street between its intersection with Interstate
805 and its intersection with Ridgeback Road.
Real estate signs. On any parcel or separately rentable portion thereof, sign(s) pertaining to
economic transactions regarding the property (such as sale, rental, lease, exchange, etc.) is
allowed, subject to the land owner's consent and:
Maximum Sign Area. Commercial and industrial zones, 32 square feet; agricultural zones,
32 square feet for undeveloped acreage of one acre or more, otherwise 4.5 square feet;
residential zones, 4.5 square feet.
Height, if freestanding. No freestanding sign shall exceed 10 feet in height in any
commercial or industrial zone or in the aglicuitural zone for undeveloped acreage of one
acre or more. In all other zones, the maximum height shall be limited to 4.5 feet.
Number of signs. Through lots shall be allowed one sign on each street. Comer lots shall
be permitted one sign only.
Setback. Freestanding signs shall maintain a 10-foot setback from all property lines.
Vacancy signs. Real estate signs refiecting the vacancy status and availability of
commercial or industrial space within a structure designed for multiple occupancy, whether
through rental, sale or lease, shall be limited to a maximum sign area of 16 square feet. Not
more than one sign may be used facing a dedicated street. The sign may be attached flat
against the build'mg or be part of a permitted freestanding sign if designed to be part of said
sign and providing the total sign area does not exceed the area permitted for the
freestanding sign.
Location. On the property to which the sign pertains, or on other private property with the
consent of that property owner.
Open House signs - special rules. Off premises temporary real estate open house signs are
allowed permitted within all residential zones subject to:
No more than five offpremise open house signs shall be allowed for each
residential open house which occurs.
No more than one sign shall be allowed to be placed on any interior parcel and no
more than two on a comer lot (one per street frontage).
Offpremise open house signs shall only be displayed during daylight hours.
Signs shall be no larger than four square feet and shall be located at minimum of
three feet from the sidewalk or ten feet from the curb or edge of pavement, where
no sidewalk exists.
An off premise temporary real estate open house sign shall only be permitted in
conjunction with an open house held for the resale of one single family residence.
Off premise signs advertising the sale of more than one lot or more than two
dwellings constitutes a subdivision directional sign subject to the regulations
outlined in CVMC § 19.60.600 E.3.
Off-premise open house signs are prohibited within the public right-of-way.
Residential neighborhood identification signs. Permanent residential identification signs
designating the name of the residential area may be located at an entrance to the residential area
when homeowners' association or maintenance district is formed to insure the maintenance of the
signs. The copy area of the sign shall not exceed fifteen square feet. The sign structure shall be
designed to be architecturally harmonious with the residential area. This provision does not
authorize the mounting of such signs on city owned property or on public rights of way.
Tract housing. Tract housing signs shall be allowed in any zone of the City as follows:
Model homes. For each model home, signage not exceeding 12 square feet in area, eight
feet in height, and two in number is allowed. Commercial speech thereon shall relate to
the model on the same parcel. All such signage shall be permanently removed within ten
days of when the model home ceases to be used as a model.
Temporary tract signs. For each subdivision there may be one sign at each principal
entrance to the subdivision; such sign may be indirectly illuminated, and any commercial
message thereon shall relate only to the dwelling units or lots on the same premises as
subdivision on which the sign is maintained. For subdivisions with five or more lots, the
total combined area of all temporary tract signs may not exceed 200 square feet or 20 feet
in height. For subdivisions with four or fewer lots, the total combined area of all
temporary tract signs may not exceed 32 square feet, and no such sign may exceed eight
feet in height. All such signs shall be permanently removed not later than ten calendar
days aiter the first sale of all the homes in the subdivision.
Subdivision directional signage. Signs indicating a change of direction which travelers
must make to reach a subdivision located within the city may be placed on private
property, with the owner's consent, at each place where such change of direction is
needed, within five miles of the subdivision. Individual signs may not exceed four and
one half square feet in area or three and one half feet in height, and may not be
illuminated. Individual signs may be single or double faced, or V shaped if the angle
between the two faces does not exceed forty five degrees. Commercial messages thereon
shall be limited to the name of the subdivision and directional information. The zoning
administrator may require written evidence of owner's consent. Permits for all such signs
shall expire not later than six months afier issuance, but the zoning administrator may
grant a maximum of two extensions of up to one year each, without re-notification or
hearing. Such signs may be displayed only until the developer has completed the sale of
each unit in the development.
Signs for unclassified uses. Whenever sign standards or provisions have not been established for
an unclassified use requiring the issuance of a conditional use permit, the Planning Commission
may establish sign standards and provisions concurrently with the approval of the conditional use
permit. However, such standards must comply with and incorporate all of the Standard
Provisions of this Chapter, CVMC § 19.60.050.
Mansard Roofs. A principal identification or multiple copy wall sign may be placed on a
mansard roof subject to the following:
The sign shall not exceed one-half the length and width of the mansard on which it is
placed;
The area on which the sign is placed shall be designed to accommodate the sign except
when cut-out letters are used.
Pitched Roofs. A principal identification or multiple-copy wall sign may be placed on a pitched
roof subject to:
2.
3.
4.
5.
6.
The sign shall be placed on a pitched roof that slopes toward the street the establishment
is oriented to;
No sign may be placed on the ridge of the roof;
No sign may project above a line drawn from the center of the street to the ridge of the
roof;
The sign shall set back a minimum horizontal distance of three feet from the front edge of
the roof;
The length of the sign shall not exceed one-half of the length of the roof and shall be
horizontally centered;
The area shall not exceed two square feet per lineal foot of roof on which the sign is
placed;
The ends of the sign shall extend back to the roof to form an enclosure.
Agricultural uses. Signs for agricultural uses are allowed in any zone, subject to the following:
Multiple wall signs facing a dedicated street are allowed, but the total sign area of all wall
signs shall not exceed one square foot for each lineal foot of building frontage; in addition
One freestanding sign not exceeding eight square feet in sign area and ten feet in height
shall be allowed.
Architectural Appendages. In lieu of a freestanding or projecting sign which is otherwise
allowed, a sign may be placed on an architectural appendage. Such sign may not exceed the area
or alter the appearance of an appendage on which it is placed, and may not exceed the allowable
area of the freestanding or projecting sign which it is replacing.
Temporary noncommercial signs during certain periods. In addition to signage otherwise
allowed in any zone, during the period of four calendar months preceding any scheduled election
and up to and including ten calendar days following such election, temporary signs bearing non
commercial messages (including but not limited to messages on the topics of politics, religion,
science, arts, philosophy, etc.) may be displayed on private property (not including private
property which is also public right of way), without permit, subject to the owner's consent, and
also subject to:
1. In agricultural and residential zones:
No sign may exceed five square feet in area.
Double-faced signs as defined in this Chapter are permitted.
No sign shall be posted in such a manner that any portion of said sign is within five
feet of the house side of the sidewalk and, if there is no sidewalk within 15 feet of
said sign, then 15 feet from the house side of the street curb. Said signs must be
placed at least five feet from the house side of intersecting sidewalks or if there are
no sidewalks, then 15 feet from the house or back sides of intersecting curbs.
Unless a further setback is required by the foregoing rules (as in the case of comer
lots adjacent to intersecting streets), said signs shall be located at least five feet
from side property lines except for lots located at intersections.
No sign shall exceed three and one-half feet in height in the front setback area, and
such signs shall not exceed six feet in height in any area unless said sign is attached
flush to any building. The measurement shall be taken fi:om the ground level to the
top of said sign.
No sign may be affixed to an already existing sign.
Nothing in this section shall be construed to render a property owner liable for the
posting of a sign on his or her property.
2. In commercial and industrial zones:
a. No sign may exceed twelve square feet in area. Double-faced signs as defined in
34- /0' ?
this Chapter may be permitted.
No sign may be affixed to an already existing sign.
Removal. The procedure for the removal of temporary noncommercial signs is as
follows:
Notice. The director shall give 24 hours notice to the owner of the sign (if known),
of the city's intent to remove any unauthorized temporary sign bearing a
noncommercial message. The notice shall specify the provision of the sign
orcFmance being violated, and shall inform the owner that removal charges will be
assessed. The owner may, within twenty-four hours of receiving notice, request a
hearing before the d/rector to appeal the decision to remove the sign. If the owner
so requests, the sign shall not be removed until the hearing has been held and a final
decision rendered. If the owner cannot be identified or located after reasonable
effort, the sign may be treated as abandoned property and removed.
Appeal and removal. In the absence of an appeal of the removal decision, the sign
may be removed by the city and the reasonable cost thereof charged to the sign
owner and/or persons responsible for placing the illegal sign. Such cost shall be set
by resolution of City Council.
Informational signs. The signs allowed by this subsection fulfill informational and directional
needs.
Directory signs. On buildings wherein are located several different establishments,
directory signs may be located on an exterior elevation of a building if the directory is
placed flat against the building at or near a building entrance or area restricted to pedestrian
traffic only. The sign shall be no more than 10 square feet in area and 5 feet in height.
Directional signs. Signs containing directional information for pedestrian and vehicular
traffic may be used subject to the following:
Maximum sign area is 10 square feet;
No sign may exceed 10 feet in height;
Directional mot'top signs are prohibited except when incorporated into the design of
an approved rooftop sign designed to accommodate the sign;
The signs shall not be attached to any light standard, flag pole, or onto any other
sign except as provided herein;
The number and location of all directional signs shall be limited to the least number
to provide ample notification.
Warning and instructional signs. Warning and instructional signs, such as "beware of
dog," "danger high voltage," "no trespassing," "no dumping," etc., are allowed subject
to: area: maximum 3 square feet; height: if freestanding, maximum six feet; attachment:
may not be attached to any light standard, flagpole, or any other freestanding sign.
19.60.700 Signs permits.
-35-
Permits - when required. No person except a public officer or public employee in the
performance of an official duty shall paste, post, paint, print, nail, tack, erect, place or otherwise
fasten, or maintain or permit any sign, pennant or notice of any kind, facing or visible fi.om a
public street, public or private right of way in the city except as provided herein. To insure
compliance with this section, a sign permit shall be required for any sign, except as provided
herein. The procedure regarding application for and processing of sign permits, as well as the
procedures for the appeal of decisions thereon, is set forth beginning with CVMC § 19.60.800.
Purpose of permitting. All permitting and approval processes required by this Chapter are
intended to ensure compliance with this Chapter and various safety codes, as well as to prevent
the loss of time, effort and materials which might otherwise be invested in an illegal sign.
Exempt signs. The signs described in this subsection are not subject to the permit requirement,
and do not count towards the total signage which is otherwise allowable.
10.
11.
12.
13.
14.
15.
16.
Signs described in other sections of this chapter as not requiring or being subject to the
permit requirement.
Street address signs not exceeding three square feet in area total per parcel;
Symbols or insignia which are an integral part of a doormat or welcome mat, or
embedded directly into the sidewalk or entrance surface, so long as such device is
otherwise legal and is located entirely on private property and on the ground or sidewalk;
Signs used in conjunction with "special events" as defined and regulated by CVMC §
19.58.370 and § 19.58.380;
Any public or legal notice required by a court or public agency.
Signs authorized or required by another body of law.
Flags displaying noncommercial images, provided that the total area (one side only) does
not exceed one percent of the square feet of surface area of the parcel, the number of flag
poles on a parcel does not exceed one per 100 linear feet of street frontage, and the height
of any flag pole does not exceed 30 feet;
Construction signs which meet these requirements: maximum number per project under
construction: one; maximum area: 150 square feet; maximum height (if free standing): 25
feet; minimum setback: 10 feet from all interior property lines; maximum display time:
from the time a grading or building permit is issued and remains valid and unexpired,
until the construction project is completed or abandoned.
Hand held and portable signs that do not display a commemial message and are otherwise
legal or allowed under this Chapter;
Mass transit signage: Advertisements or banners mounted on trains or duly licensed mass
transit vehicles that legally pass through the City;
On-site informational signs not viewable fi.om the public right of way or adjacent
properties;
Off-site directional signs located wholly on private property.
Professional signs not exceeding one square foot in area and located wholly on an
appurtenant commercial building;
Window signs which otherwise comply with all applicable regulations.
Temporary non-commercial signs which otherwise comply with all applicable regulations.
Real estate and open house signs which otherwise comply with all applicable regulations.
-36 -
17. Garage sale signs that comply with CVMC § 5.32.050.
l 8. Messages relating to the business of which the vehicle or vessel is an instrument or tool
(not including general advertising) and messages relating to the proposed sale, lease or
exchange of the vetficle or vessel.
19. Interior signs: Signs or other visual communicative devices that are located entirely within
a building or other enclosed structure and are not visible fi.om the exterior thereof, provided
the building or enclosed structure is otherwise legal.
19.60.800 Permit applications.
The application for a sign permit shall be made in writing on the form provided by the planning
department and shall be accompanied by any fee established by City Council resolution. Such
application shall set forth and contain the following information and items:
A drawing to scale showing the design of the sign, including dimensions, sign size, colors
(applies to commercial message signs only), materials, method of attachment, source of
illumination and showing the relationship to any building or structure to which it is proposed to
be installed or affixed or to which it relates.
A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to
the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings
or structures and off-street parking areas located on the premises.
C. The number, size, type and location of all existing signs on the same building, site or premises.
Any structural information and plans necessary to ensure comphance with the latest adopted
building standards.
Such other information as the planning department may reasonably request to determine that the
proposed application is in full compliance with the provisions of this Chapter, the city code and
any other applicable law. The message proposed to be displayed on the sign is not required.
Proof of the consent of the property owner or other person in control or possession of the property.
For example, if the subject property is leased and the applicant is the lessee, the lessee must
demonstrate that the sign complies with all provisions of the lease related to signage, or submit a
written landlord's consent.
19.60.810 Processing of applications.
A. Time. Unless otherwise stated, all time periods in this section are calendar days.
Completeness. The zoning administrator shall determine whether the application contains all the
information and items required by this Chapter. If it is determined that the application is not
complete, the applicant shall be notified in person or in writing within thirty days of the date of
receipt of the application that the application is not complete and the reasons therefore, including
any additional information necessary to render the application complete. The applicant shall then
- 37 -
have thirty (30) calendar days to submit additional information to render the application
complete; failure to do so within the thirty (30) day period shall render the application void.
Within thirty days following the receipt of an amended application or supplemental information,
the planning director shall again determine whether the application is complete in accordance
with the procedures set forth in this subsection. Evaluation and notification shall occur as
provided above until such time as the application is found to be complete (the "application
date").
Disqualification. No sign application will be approved iff
The applicant has installed a sign in violation of the provisions of this Chapter and, at the
time of submission of the application, each illegal sign has not been legalized, removed
or included in the application;
There is any other existing code violation located on the site of the proposed sign(s)
(other than an illegal or nonconforming sign that is not owned or controlled by the
applicant and is located at a different business location on the site l~om that for which the
approval is sought) which has not been cured at the time of the application; or;
The sign approval application is substantially the same as an application previously
denied, unless: (i) twelve (12) months have elapsed since the date of the last application,
or (ii) new evidence or proof of changed conditions is furnished in the new application;
The applicant has not obtained any applicable required use permit or conditional use
permit.
Method of review. The method of review is standard compliance review. The zoning
administrator, or the design review committee, Planning Commission or City Council on appeal,
shall determine whether approval shall be granted for any sign based on its conformance with the
regulations and design standards set forth herein and in the city design manual, without
consideration of the graphic design of the copy or message displayed on the sign.
Certain signs calling for design review. Decisions under this standard shall be guided by the
following principles and shall not be based on the graphic design of the copy or message
displayed on the signs:
4.
5.
6.
7.
Fluorescent paints shall be avoided;
Sign copy should not extend beyond the edges of the background area on which it is
applied;
The copy area of signs, including logos, emblems, crests and pictorial representations,
should not exceed fifty percent of the background area on which it is applied;
The height of a pole sign should not be less than twice its width.
The height of the bottom of the signboard of a pole sign should be less than three times
but more than twice the width of the signboard;
The two sides ora rectangular pole sign should have a ratio of three to five;
The base of each freestanding sign shall be landscaped in accordance with the
landscaping manual of Chula Vista, without consideration of the graphic design of the
copy or message displayed on the sign.
-38- ¢/
Decisions. Where an application is denied by the zoning administrator, or the design review
committee, Planning Commission or City Council on appeal, the applicant shall be informed in
writing of the changes necessary in order to approve the application. If the applicant chooses to
amend the application to reflect said changes, the zoning administrator shall grant the permit
within thirty days of when a complete and conforming application is submitted.
The zoning administrator shall render a decision on a sign permit within thirty days of the date of
application.
Appeals. All sign permit applications shall be initially reviewed by the zoning administrator. The
applicant or any concerned person may appeal any sign related decision in this order: design
review committee, planning commission and city council. In each case, written notice of appeal
must be filed with the City Clerk within ten days of when the decision was delivered or sent to
applicant and all known concerned persons, or the last day on which a decision could have been
timely rendered. In each case, the appellate body must conduct a hearing and consider evidence,
and render a written decision within thirty days. In the cases of appeal to the Planning Commission
and the City Council, the hearing must follow normal pmcedures for agendizing and giving public
notice. Unless time is waived by the applicant, any permit or approval on which the city does not
render a definite decision within the required time shall be deemed denied, and the time for appeal
or filing judicial review shall commence on the last date on which the city could have issued a
decision.
Judicial Review. Following final decision by the City Council, any concerned person may seek
judicial review of the final decision on a sign permit application pursuant to Califomia Code of
Civil Procedure section 1094.8.
Multiple sign applications. When an application proposes two or more signs, the application
may be granted either in whole or in part, with separate decisions as to each proposed sign.
When an application is denied in whole or in part, the Director's written notice of determination
shall specify the grounds for such denial..
Revocation or cancellation. The Director shall revoke any approval upon refusal of the holder
thereof to comply with the provisions of this Chapter after written notice of noncompliance and
at least fifteen (15) days opportunity to cure.
Permits issued in error. Pray approval or permit issued in error may be summarily revoked by
the City upon written notice to the holder of the reason for the revocation.
19.60.900 Removal of certain signs.
Obsolete and abandoned signs. All signs relating to a product no longer available for purchase
by the public and all signs relating to an establishment which has closed or moved away shall be
removed, together with any supporting structures and bracing not considered an integral part of the
building. Painted wall signs shall be painted over with a color that closely resembles or matches
the color of the wall. If the owner of, or persons responsible for, tlie sign, or the tenant closing the
establishment, fails to remove or paint over the sign, the owner of the premises shall be responsible
-39- /~, t[t~
and the work shall be done within ninety days following the date of obsolescence.
Charges for moving, removal, correction of sign. The fees for the city moving, removing,
correcting, storing, or doing work on a sign or sign structure shall be the required fee(s). The
city may charge the fees against any of the following, each of whom shall be jointly and
severally liable for said charge:
2.
3.
4.
The permittee;
The owner of the sign;
The owner of the premises on which the sign is located;
The occupant of the premises on which the sign is located.
Storage of removed signs - Time limit - Recovery procedure. A removed sign shall be held not
less than thirty days by the city during which period it may be recovered by the owner upon
payment to the city of the required fee(s) as set by resolution of City Council. If not recovered
within the thirty-day period, the sign and supporting structures shall be declared abandoned and
title thereto shall vest in the city. The fees may be in addition to any penalty for the violation,
and recovery of sign does not necessarily abrogate the penalty.
19.60.930 Amortization of nonconforming onsite signs.
All on-site signs in any zone constructed and erected prior to the effective date of the ordinance codified
herein, or any prior ordinance under which they were also nonconforming (considering only the non-
communicative aspects of the sign) pursuant to the issuance ora valid building permit issued by the city,
which do not conform to the requirements of the provisions of this title for the particular zone in which
they are located or in regard to design review requirements, shall be allowed an amortization period of
fifteen years from the effective date of the earliest ordinance under which they were nonconforming, and
shall thereafter be subject to abatement and removal as provided.
Notice. Any owner of a nonconforming sign at the expiration of fifteen years from the effective
date of the ordinance codified herein shall be noticed of the nonconformity of the display.
Ownership shall be determined by the ownership of the property as shown by the most recent
assessor's tax roll. Should any owner wish to appeal the removal of any nonconforming sign
based upon the reasonableness of the fifteen-year amortization period, such appeal shall be done
in accordance with subsection D. below. Removal of the sign shall be stayed until such time as
an appeal is finally decided by the City Council.
Appeals procedure. Any appeal fi:om an order to remove a nonconforming sign which has used up
its amortization allowance may be appealed through the same procedure as a appeal of a sign
permit application. In the case of fully amortized nonconforming signs subject to a removal order,
the appeal shall state and provide evidence off
1. A detailed description of the sign or structure, the method of its construction, its
measurements and the message contained thereon;
2. The name of the owner or owners of the property upon which the sign or structure is
located;
3. A definition and term of the appellant's right to locate and/or maintain the sign or structure
-40- /~ /7/3
5.
6.
7.
on said property. Include amount paid, if any, for the fight to locate and/or maintain the
sign or structure;
The date and cost of original construction of the sign or structure;
The date and cost of appellant's purchase of the sign or structure;
The date or dates and cost of major repairs to the sign or structure;
The average monthly gross income derived from the proceeds generated from the sign or
structure, measured over the period of existence or ownership;
The current net value of the sign or structure as carried on the books of the company, as
well as any estimate of current fair market value (including the qualifications of persons
making such estimate, and the basis therefore);
Each application on appeal shall be verified.
SECTION IV.
SECTION V.
That Sections 19.04.208 through 19.04.268, 19.20.050, 19.22.050, 19.24.050,
19.26.060, 19.28.050, 19.30.050, 19.32.050, 19.34.040, 19.36.040, 19.38.040,
19.40.040, 19.42.060, 19.44.060, 19.46.050, 19.58.225, and 19.70.016 of the
Chula Vista Municipal Code are hereby repealed in their entirety.
This Urgency Ordinance is adopted under the applicable provisions of the Charter
and Municipal Code of the City of Chula Vista and shall take effect and be in full
force immediately upon its passage by a four-fifths vote of the City Council.
Submitted by:
Robert A. Leiter
Planning and Building Director
Approved as to form by:
-41- /'~' /7/¢
CITY COUNCIL AGENDA STATEMENT
Item: if ~
Meeting Date: 07/08/03
ITEM TITLE:
PUBLIC ItEARING: Consideration of the following applications filed by
The Eastlake Company involving 9.3 acres located at the northeast comer of
EastLake Parkway and Otay Lakes Road.
GPA-03-05 amendments to the Chula Vista General Plan Land Use
Diagram in order to change the land use designation fi.om Commercial,
Professional & Administrative to Commercial, Retail.
PCM-03-29; amendments to the Eastlake II General Development Plan,
EastLake I Village Center North Supplemental Sectional Planning Area
(SPA) plan and EastLake II Planned Community District Regulations to
change the land use designation fi-om PA, Professional-Administrative to
CR, Commemial Retail, and the Land Use District Designation fi.om
VC-2 to VC-4.
RESOLUTION: approving amendments to the City's General Plan;
EastLake II General Development Plan, EastLake I Village Center North
Supplemental Sectional Planning Area (SPA) Plan and associated
regulatory documents for 9.3 acres at the northeast comer of Otay Lakes
Road and EastLake Parkway.
ORDINANCE:
Community District Regulations and Land Use Districts Map.
SUBMITTED BY: Director of Planning and Building ~ (4/Sths vote: Yes No
REVIEWED BY: City Manager
The applicant, The Eastlake Company, has submitted applications to amend the City's General Plan,
Eastlake II General Development Plan (GDP), Eastlake I Village Center North Supplemental
Sectional Planning Area (SPA) plan and EastLake II Planned Community District Regulations to
convert 9.3 acres at the northeast comer of Otay Lakes Road and EastLake Parkway fi.om
Commercial-Professional Administrative to Commercial-Retail (see Locator).
approving amendments to the EastLake II Planned
The Environmental Review Coordinator has reviewed the proposed project for compliance with
California Environmental Quality Act and has determined that the proposed project was
adequately covered in Negative Declaration (IS~03-028) and its attendant addendum, adopted by
the Design Review Committee on June 23, 2003. Thus, no further review or environmental
documentation is necessary.
Page 2, Item:
Meeting Date:
RECOMMENDATION:
That the City Council review and consider the adopted Negative Declaration for Village Center
East (IS-03-028) and its attendant addendum and approve the proposed amendments to the
General Plan, EastLake II General Development plans, Eastlake I Village Center North
Supplemental Sectional Planning Area (SPA) Plan and EastLake II Planned Community District
Regulations.
BOARDS AND COMMISSION RECOMMENDATION:
On June 16, 2003, the Resource Conservation Commission reviewed the Negative Declaration (IS-
03-028) and after heating staff's presentation, made two motions: 1) recommended adoption of the
Negative Declaration by the Design Review Committee, and 2) that the City of Chula Vista, in all
phases of development, design characteristics for transit that do not impede traffic.
On June 23, 2003, the Design Review Committee reviewed the project design and after hearing
staWs presentation, made two motions: 1) adopt the Negative Declaration (IS-03-028) and its
attendant addendum, and 2) conditionally approve the design of the project.
On June 25, 2003, the Planning Commission considered the GPA, GDP and SPA amendments,
and after hearing staff's presentation, voted 5-0-0-2 (O'Neil and Madrid absent) to recommend
that the Council consider the Negative Declaration and its attendant addendum and approve the
above referenced amendments.
DISCUSSION:
1. Background
On July 23, 2002 the City Council adopted amendments to the General Plan, EastLake I Site
Utilization (SPA) plan and EastLake II General Development Plan for 68.1 acres located at the
northwest and northeast comers of Otay Lakes Road and Eastlake Parkway into three separate land
use districts: 1) Village Center-t (VC-1): 38.1-acres at the northwest comer of Otay Lakes Road
and EastLake Parkway intended for retail/commercial use; 2) Business Center-Core District: 16.4
acres north of VC-1 and west of EastLake Parkway intended as an extension of the EastLake
Buisness Center District to the north; and 3) Village Center (VC-2): 13.6 acres at the northeast
comer of Otay Lakes Road and EastLake Parkway intended for professional administrative and
limited retail uses.
The VC-2 district currently contains 9.3 acres of vacant land and a 4.3 acre church site. The
proposed project is to create a new VC-4 "Project Specific Land Use District" for this 9.3 acres of
vacant land. This would allow for the development ora Kohl's department store on the site.
Page 3, Item:
Meeting Date:
2. Existing Site characteristics
The Project Site is an irregular shaped parcel located at the northeast comer of Otay Lakes
Road and EastLake Parkway, and surrounded by the following land uses:
Surrounding Land Uses
Chula Vista GDP Land PC District
Municipal General Plan Use (Land Use Existing
Code Designation Designation District) Land Use
Project Site PC (Planned Commercial- PA, VC-2 Vacant
Community) Professional & Professional &
Administrative Administrative
East PC (Planned Research & Limited IR ,Research BC-I/VC-2 Day
Con~nunity) Mfg./Professional and & Ltd. Care/Religious
Administrative Mfg./PA, Institution
Commercial Professional &
Administrative
South (across PC (Planned Low Medium MH, Med- RC- 15 Attached
Otay Lakes Community) Residential (3-6 du/ac) High condos.
Road) Residential
(11-18 du/ac)
West (across PC (Planned Retail Commercial CR,Retail VC-1 Commercial
EastLake Community) Commercial Center (under
Parkway) development)
North PC (Planned Research & Limited IR, Resarch & BC-1/BC-2 Light
Community) Mfg. Ltd. Mfg. lndustxial
buildings.
Project Description
General Plan Amendmente
Amend the Land Use Diagram to change the land use designation of the "Project Site"
from Commercial, Professional & Administrative to Commercial, Retail (see Figure 1 of
Attachment 2).
Easii.alre II General Develnpment Plan (GDP) Amendmenl,:
Page 4, Item: [ 7
Meeting Date: 7,/Og/O~l
Change the land use designation from PA, Professional Administrative to CR,
Commercial Retail (see Figure 2 of Attachment 2)
Modify the Land Use statistics table to reflect the conversion of 9.3 acres from
Professional Administrative to Commercial Retail.
Fastlake 1 Village Center Nnrth gnpplemental gPA Amendment
Change the designation for the westerly 9.3 acres from VC-2 to VC-4 as shown on the
proposed Site Utilization Plan (see Figure 3 of Attachment 2)
F~a~tl .eke IT Planned Cnmmllnity District Regnlatinns ;~r l.and I I~e Di~trlet Map
Incorporate new property development standards, including list of permitted uses, for a
new VC-4 Land Use District designation. This will be a "Project Specific Land Use
District" to allow the construction of a specific project (Kohl's department store) In the
event that this project is not constructed and open for business within a 3 year period, the
specific land use district will automatically revert back to the existing VC-2 land use
district.(see Figure 4 of Attachment 2).
Analysis
General Plan Amendment
The proposed amendments will allow the continuation of the EastLake Village
Marketplace directly west across EastLake Parkway, achieving the intent of the activity
core concept envisioned in the EastLake I SPA. In staff's opinion, the project site is ideal
in terms of accessibility from major transportation corridors within the EastLake area, and
future transit facilities. The resulting loss of 9.3 acres of professional administrative
office use is considered insignificant in that the adjacent 247-acre Business Center allows
for office commercial/corporate office uses, in addition to manufacturing and industrial.
General Development Plan/gPA Amendments
As indicated above, the conversion of the Project Site from Professional Administrative
to Retail Commercial reflects EastLake's desire to allow the continuation of the EastLake
Village Marketplace directly west across EastLake Parkway, achieving the intent of the
activity core concept anticipated by the EastLake I SPA
The proposed amendment will divide the existing VC-2 site into two separate parcels as
illustrated in the "proposed" site utilization plan (see Figure 3 of Attachment 2).
Page 5, Item:
Meeting Date:
Dividing the existing VC~2 site is necessary to preserve the existing land use of the
easterly 4.3 acres and establish new development standards for VC-4 to correspond with
the proposed commercial retail land use designation.
Planned Cnmmlmi ~ty District R e~mflatinns
The VC-4 is a "Project Specific Land Use" district intended only to accommodate an
approximately 100,000 square-foot Kohl's department store with a substantially similar
retail operation as the Kohl's store located in Temecula, California (31870 Redhawk
Parkway, Temecula California 92592), and 16,800 square feet for retail shops and
restaurants. The City of Chula Vista is interested in having a retail operation which is of
similar high quality to the above referenced retail store. The "Project Specific Land Use
District" will be in effect only until July 15, 2006 unless the following two requirements
are met:
1) commence construction of the Kohl's department store no later than July 15,
2005. For purposes of this land use designation, "commence construction" means
the date of conunencement of July 15, 2005, as set forth in a legally binding
contract for the construction of the Kohl's building and related site improvements
which has been entered into by Kohl's Department Stores; and
2) Kohl's department store is open for business no later than July 15, 2006.
The VC-4 land use district is intended to be developed as a "Project Specific Land Use
District" to allow specific types of land uses only in conjunction with the construction of
the proposed 100,000 square foot Kohl's department store on the "project site." In
addition to allowing the Kohl's department store, other categories are listed in Exhibit B
of Attachment 3.
Because the General Plan and GDP Retail Commercial designations allow the permitted
and conditional uses listed in both land use district VC-2 and VC-4, these two
amendments will not change if the project specific land use district reverts back to VC-2.
4. Conclusion
For the reasons stated above, staff recommends the City Council review and consider the
Negative Declaration (IS-03-028) and its attendant addendum and adopt the land use
amendments.
/7-5
Page 6, Item: ~ '~
Meeting Date: 7,/O~,/O~
FISCAL IMPACT
The applicant has paid for all costs associated with the processing of the GPA, GDP and SPA
amendments and will be responsible for paying corresponding Development Impact fees and
other applicable development and processing fees, as they may be amended fi.om time-to-time.
Based upon the applicants sales tax projections, it is anticipated that the fiscal impact of
developing the Village Center East project will be positive, with $300,000 of sales tax projected
annually.
1. Planning Commission Resolution
2. Figures
3. Negative Declaration and attendant addendum
4. Disclosure Statement
' RANCH
BUSINESS
FROFE$$1OHAL
ADM IFIISTTTATIVE
CEHTER
EASTLRKE
VONS:
MARKET
AREA
CHULA ~'ISTA
COMMUNITY
PARK
LOCATOR
/7~7
ATTACHMENT 1
RESOLUTION NO GPA-03-05, PCM-03-29
KESOLUTION OF THE crFY OF CHULA VISTA PLANNING COIV[MISSION
R~ECOMMENDING THAT THE CITY COUNCIL APPROVE A3vfENDMENTS
TO THE GENERAL PLAN LAND USE DIAGRAM, EASTLAKE Il GENERAL
DEVELOPMENT PLAN, EASTLAKE I VILLAGE ~R NORTH
SUPPLEMENTAL SPA PLAN, EASTLAKE H PLANNED COIVIMUNI'ln~
DISTRICT REGULATIONS AND LAND USE DISTRICT MAP- TH~
EASTLAICE CO1VIPANY
WHEREAS, duly ver}fied applications were filed with the City of Chula Vista
Planning and Building Depmm~nt on February 14, 2003 by the EastLake Company
requesting amendments to the City of Chula Vista General Plan, EastLake 1I General
Development Plans, Eastlake 1 Village Center North Supplemental Planning Area (SPA)
Plan and EaslLake 1I Planned Community District Regulations ("Project"), and,
WHEREAS the area of land, which is the subject of this Resolution, consists of 9.3
acres commonly known as Eastlake Village Center East and located at the northeast comer
of Otay Lakes Road and EastLake Parkway in the EastLake Planned Community ("Project
Site"); and,
WHEREAS the proposed amendment to the General Plan Land Use Diagram
consists of changing the land use designation of said'9.3 acres fi.Om Commercial,
Professional & Administralive to Commercial, Retail; and,
WHEREAS the proposed amendments to the EastLake 11 General Development
Plan (GDP) consist of changing the land use designation of the Project Site fi.om PA,
Professional Administrative to CR, Commercial Retail; and,
WHEREAS the proposed amendments to the EastLake I Village Center North
Supplemental Planning Area (SPA) Plan consists of amending the Site Utilization Plan to
change the designation of the westerly 9.3 acres from VC-2 to a new designation of VC-4;
and,
WHEREAS the proposed amendments to the EastLake II Planned Community
District Regulations consist of changing the Land Use District Map designation of the
westerly 9.3 acres from VC-2, Village Cenler to ¥C-4, Village Center, with con-esponding
development standards; and,
WHEREAS, the VC-4 land use district is being created as a "Project Specific Land
Use District" to allow specific types of land uses only in conjunction with the construction
of the approximate 100,000 square foot Kohl's department store; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the Califorrfia Environmental Quality Act and has determined
. that the proposed project was adequately covered in previously adopted Negative
Decimation (IS-03-028) and its attendant addendum. Thus no further rewSew or
environmental documentation is necessary;, and,
WHEREAS, the Planning and Building Director set the time and place for a hearing
on the amendme~_ts and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the ciW and its mailing to property
owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days
prior to the heating; and,
'vVHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., June 25, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council review and consider the adopted'
Negative Declaration (IS-03-28) and its attendant addendum for the EastLake Village
Center East and the attached draft City Council Resolution and Ordinance in accordance
with the findings and subjecl to the conditions contained therein.
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, CAL~ORNIA, this ~5th day of June, 2003, by the following vote, to-wit:
AYES:
NOES:
ATTEST:
Russ Hall, Chairperson
Diana Vargas, Secretary
ATTACHMENT 2
Detail from General Plan (Proposed)
ICommercial, Retail
CommerCial, Retail
Indust. Res. & Ltd. Mfg.
Residential Low-Medium
Parks & Recreation
Open SPace
FIGURE 1
FIGURE 2
17 ~I/
Proposed Site Utilization Plan
EastYake Bus ~e~ Center I,
_ EastLake Ac~i~ Center,
$~.1~ R-~S and Salt creek I
R-I?
E- ~ Employment $2.1
E~2 Employment 16.6
E-7 !mployment
~e Cen~ 38,1
Cemer
4'31 ~ ~bJ~t ~ ~endm~t
~V~I~ Cen~r 9.3
[ ~10 ~. ~. Employment 16,4
IOPEN S~ARKS
~o~ s~e
~o~ sm~
SALTpamelCREEKi Acres
Number] nd ~ R~ge Dens~ DU
72.1
Op~ S~ce 6,5
O~n S~ce ~.0
~o~ S~ce 3.2
~19 IO~ S~ce 7;2
E-1
E-lO
cexxter I
VC-1
Project Location
Change the Parcel
Number from VC-2
to VC-4 (Village Center)
Location
I
A planned community by The EastLake Company
4/29103
FIGURE 3
t7 -/~
Land USe Districts
Proposed
1-]6
Project Description
FIGURE 4
~nderline = Text Added
SECTION III: VILLAGE CENTER & COMMERCIAL DISTRICTS
III.0 Purpose
In addition to the objectives outlined in Section 1.0 (Purpose and Scope),
the Village Center and Commercial Districts are included in the Planned
Community District Regulations to achieve the following purposes:
To provide appropriately located areas for office uses, retail stores,
service establishments and wholesale businesses, offering commodities
and services required by residents of the City and its surrounding
market area;
To provide an opportunity for commercial and quasi-public community
support facilities;
To encourage office and commercial uses to concentrate for the
convenience of the public and for a more mutually beneficial
relationship to each other;
TO provide adequate space to meet the needs of modern commercial
development, including off-street parking and loading areas;
To minimize traffic congestion and to avoid the overloading of
utilities by preventing the construction of buildings suited to the
amount of land around them;
To protect commercial properties from noise, odor, smoke,
unsightliness, and other objectionable influences incidental to
industrial uses; and
To promote high standards of site planning, architectural and
landscape design for office and commercial developments within the
City of Chula Vista.
III.1
Permitted Uses: Village Center Districts
The matrix of land uses on the following pages indicates the relative
permissive status using the following symbols:
"P" = Permitted.
Permitted subject to Conditional Use Permit approved
by the Chula Vista Planning Commission.
Permitted subject to Conditional Use Permit by the
Zoning Administrator.
Permitted Accessory Use to a Permitted or
Conditional Use.
Use Not Permitted.
Chapter II - Section II.3
EastLake II SPA Plans
Ao
Land Use
Administrative and Professional
Services
General Commercial Uses
1. Antique shops (no outdoor storage)
2. Apparel stores
3. Art, music and photographic
studios and supply stores
4. Appliance stores and repair (no
outdoor storage)
5. Arcades and electronic games (see
Section VI.4)
6. Athletic and health clubs
7. Automobile and/or truck services, sales,
rental agencies
8. Bakeries - retail
9. Barber and beauty shops
10. Bicycle shops, non-motorized
11. Blueprint and photocopy services
12. Book, gifts and stationery stores
13. Candy stores and confectioners
14. Car Wash subject to provisions of
Section 19.58.060 C"~MC
15. Catering establishments
16. Cleaners
17. Commercial recreation facilities
not otherwise listed
18. Eating and drinking establishments:
a. Bars, nightclubs
cabarets
b. Restaurants, coffee shops,
delicatessens:
1) with alcoholic beverages
and/or entertainment
2) without alcoholic beverage
3) with outdoor seating*
Land Use District
VC-1 VC~2 VC-3 VC-4*
P P P _P
P N p N_
P N P __P
P N P _P
p N P ____P
C N C ~P
C C C _C
A N A N_
P P P _P
P P P _P
P P P _P
P P P P
P P P P
P a p _a
C N C N
p N P N
P N P
C C C C
C N N _N
c c c
p p p _P
P P P P
Chapter II - Section II.3
EastLake II SPA Plans
Land Use District
VC-2 VC-$ VC-4*
Land Use VC-1
c. Snack bars and refreshment stands
contained within a building p
d. Fast food restaurants with drive-in
or drive-through (subject to Site Plan
And Arch. Review by the Zoning
Administrator)
19. Equipment rental (enclosed building}
20. Feed and tack stores (no outside storage)
Financial Institutions with drive thru
22. Florists, shops
23. Food stores, supermarkets, drug stores
24. Furniture stores
25. Gasoline service stations
26. Hardware stores
27. Hobby shops
28. Hotels and motels (and accessory uses,
including restaurant, bar, shops)
29. Janitorial services/supplies
30. Jewelry stores
31. Junior department, department stores,
discount and membership department
stores.
32. Kiosks, and moveable vendors, including
photo sales~ located in parking lot
33. Liquor stores
34. Medical an~ dental offices, clinics
35. Mortuaries
36. Motorcycle sales and services including
motorized bicycles
37. Newspaper and magazine stores
38. Nurseries and garden supply stores in
screened area
39. Office suites, general
P P _p
c N c _N
P N P N
P N P _N
P N N
C N C
P N N
P P N _P
P N N p
c c c _c
c N C N
P P p
N N N _N
A N A _N
P a P
P N P _N
P P P P
Chapter II - Section II.3
EastLake II SPA Plans
Land Use District
VC-1 VC-2 VC-3 VC-4*
Co
Land Use
40. office supplies/stationery stores P
41. Parking facilities (commercial) N
42. Pharmacies P
43. Photocopying services P
44. Printing shops P
45. Recycling drop-off bins A
46. Retail stores and shops P
47. Sign painting shops (enclosed building) P
48. Stamp and coin shops P
49. Swimming pool supplies P
50. Television, stereo and radio stores
including sales and repair P
51. Theaters A
52. Tire sales and services A
53. Travel agencies P
54. Veterinary offices and animal hospitals A
Public and Semi-Public Uses
P P _P
C C _C
P P _P
P P P_
P P
N A N
N P P
N p N__
N P P
N P __P
N P P
N N _N
N A N_
P P _P
C A C_
5.
6.
7.
8.
9.
Day nurseries, day care schools (subject
to provisions of the Municipal Code) A
Convalescent homes and hospitals C
Clubs and lodges including YMCA,
YWCA and similar youth group uses A
Libraries P
Educational institutions C
Hospital, medical care facilities N
Post office P
Religions institutions N
Group care facilities and residential
retirement hotels C
A A _A
N C N_
N N N
N p N_
C C _C
N N N_
N p _N
N N N
N C N
Chapter II - Section II.3
EastLake II SPA Plans
{7-/7
Land Use
10. Utilities, public and private
11. Uses determined to be similar and
consistent with the purposes of this
chapter
Accessory Uses
1. Accessory structures and uses located
on the same site as a permitted use
2. Accessory structures and uses located
on the same site as a conditional use
Temporary Uses
1. Temporary uses as prescribed in Section
VI.0
Land Use District
VC-1 VC-2 VC-3 VC-4*
P N P N
c c c c
P P P _P
A A A A
P p P _P
*The VC-4 is a "Project Specific Land Use" district intended only to accommodate an
approximately 98,500 square-foot Kohl's department store substantially similar retail operation as
Kohl's store located in Temecula, California store (31870 Redhawk Parkway, Temecula California
92592), 16,800 square feet for retail shops and restaurants. The "Project Specific Land Use
District" will be in effect only until July 15, 2006 unless the following two requirements are met:
1) commence construction of the Kohl's department store no later than July 15, 2005. For
purposes of this land use designation, "commence construction" means the date of
commencement of July 15, 2003 as set forth in a legally binding contract for the
construction of the Kohl's building and related site improvements which has been entered
into by Kohl's Department Stores; and
2) Kohl's department store is open for business no later than July 15, 2006.
In' the event that Kohl's has not commenced construction by July 15, 2005, the VC-4 "project
specific land use" designation will revert back to VC-2 land use district. Furthermore, in the
event that the Kohl's department store is not open for business by July 15, 2006, the VC-4
"project specific land use" designation will revert back to VC-2 land use district.
III.2
Property Development Standards: Village Center Districts
The property development standards that shall apply to all land and buildings
permitted in the Village Center Districts shall be those indicated on an
approved site plan submitted pursuant to Section 19.14.420 through Section
19.14.480 inclusive in Title 19 of the Chula Vista Municipal Code.
The following property development standards apply to all land and buildings
other than accessory buildings authorized in VC-I~ and VC-2, and VC-4
districts. Any legal lot may be used as a building site.
Chapter II - Section 11.3
EastLake II SPA Plans
17-1F
A. General Requirements
The following requirements are minimums unless otherwise stated:
VC-1 VC-2 VC-4
5.
Setback from Otay Lakes Road* 50 feet 50 feet 50 feet
Setback from Fenton Avenue** NA 20 feet 20 feet
Setback from SR-125'* 50 feet NA N__A
Setback from EastLake Parkway**** 30 feet 30 feet 30 feet
Building height, maximum*** 45 feet 45 feet 45 feet
* As measured from edge of curb may be modified with approval of DRC.
** As measured from right-of-way.
*** Architectural features may exceed height with Design Review Approval.
**** AS measured from R/W. May be modified with Design Review Approval.
Chapter II - Section II.3
EastLake II SPA Plans
FOr the purpos~ Of promoting and protecting the P%lblic health, safety and welfare
of the people of the City of Chula vista,~ to safeguard and enhance the appearance
and q~ality of development of EastLake II, and to.provide the social, physical
and economic ad~antaues resulting from coml)rehensiYe and orderly pla~nued use Of
land resources, these Pla.nDed Community bistrict Regulations defining land use
districts and reu~]ations within those districts are hereby established and
adopted by the City Co~cil_
The provisions of this ordinance are not intended to abrogate any easements,
covenants, or other existing agreements which are more restrictive than the
provisions of this ordinance.
1.2 Repeal of Conflicting ordinances
Whene~er the provisions of this ordinance impose more restrictive regulations
upon construction or use of buildings or structures, or the use of lands or
premises than are imposed or required by other ordinances previously adopted, the
provisions of this ord~nanc~ or rules or regulations promulgated hereunder shall
govern_
Establishment of L~d Use Digtricts
Division of EastLake I~ into Land Use Districts
In order to classify, regulate, restrict and separate the use of land,
buildings and structures, and to regulate and limit the type. height and
bulk of buildings and structures in the various districts, and to regulate
the areas of yards and other open area abutting and between buildings and
st~ctures, and to regulate the density of population, EastLake II GDP is
hereby divided into the following Land Use Districts:
Residential Land Use Districts
RE-3 Residential Estate
RS-5 Residential Single Family
RS-7 Residential Single Family
RP-8 Residential Planned Development
RP-13 Residential Planned Development
RP-SL Residential Planned Development
RC-10 Residential Condominium
RC-15 Residential Condominium
RC-22 Residential Condominium
RM-25 Residential Multi-Family
RM-44 Residential Multi-Family
7/23/02
I-1
VC-1
VC-2
VC-3
~ vc-4~
FC
PA
Village Center and Commercial Land Us~ plst~!cts
village Center
village Center
Village Center~
Village Cente~
~re~way Commercial
professional and Administrative
~ ~usiness CenteX'Land Use Districts
BC-1 Business Center Manufacturing park
BC-2 Business Center Manufacturing Service
BC-3 core District
S~pecial purpose__Land Use Districts
OS-1 Open Space
OS-2 Open Space
OS-3 Open Space
0S-4 Open Space
OS-5 Open Space
OS-6 Open Space
0S-7 Open Space
pQ_] Quasi-Public Facilities
CPF Community purpose Facilities
Ado ~ io~ of La~d Use Districts - Ma s
said seYeral Land Use Districts and b~undaries of said Districts and each
of them hereby are established and adopted as shown, delineated and desig-
nated on the EastLake II Planned Community District Regulations Land Use
Districts Map of the City of chula Vista, San Diego Co~nty, which map,
together with all notations, references, data, district boundaries and
other information thereon, is made a part hereof and adopted ~oncurrently
herewith-
~ilinq
The .original of the EastLake II planned Community District Regulations
Land Use District Map shall be kept o~ fil~ with the city Clerk and shall
constitute the original record. A copy of said Map shall also be filed
with the Planning Department-
Chants to thee Land Use ~istric~t MaP
changes to the boundaries of the land use districts shall be made by
ordinance and shall be reflected on the EastLake II planned Community
District Re9~lati°ns Land Use District Map. Minor changes resulting from
the approval of a tract map may be made to the land use district map as an
administrative matter-
i_2'
Chapter II - Section II.3
EastLake II SPA plans
Negative Declaration ATTACHMENT 3
PROJECT NAME:
EastLake Village Center East
PROTECT LOCATION:
Northeast comer of the EastLake ParkwaY/Olay Lakes Road
intersection
ASSESSOR'S PARCEL NO.: 595-232-27
PROJECT APPLICANT: The EastLake Comp~ny,.LLC
CASE NO.:
Case No. IS-03-028
DATE: May 22, 2003
A. Projecl Setting
The proposed EastLake Village Center East project (hereinafter referred to as "the proposed
project") involves approximately 9.3 acres (ac) located at the northeast corner of EastLake
Parkway and Olay Lakes Road in the City of Chula Vista (Figures I and 2). The site is bordered
by EastLake Parkway to the west, Olay Lakes Road to the south, Fenton Street to the norlh and
an existing church and day care center to the east. The EastLake Greens residential community
is located south of the site, south of Olay Lakes Road. The EastLake Business Centers I and I1
are located north and, east of the site, respectively. The EastLake Vons Shopping Center is
located southwest of the site, and the EastLake Village Marketplace, a comrne, cial shopping
center that is under construction, is located to the ~v'est of the site across EastLake PmkwOy_
The site is currently designated as follows:
City of Chula Vista General Plan
Commercial -
Professional Administrative Commercial
EastLake I1 General Development Plan (GDP) Professional Administrative
EastLake Village Center North Supplemental
Sectional Planning Area Plan (SPA)
Professional Administrative; parcel VC-2
The site has been previously graded in accordance with the approved master grading plan for the
East]Lake I SPA. The site drains from the northeast to the southwest. Non-native grassland and
ornamental landscaping occurs on the site.
B. Prior Approvals and Environmental Documentation
The project site has been adckessed in several prior environmental documents as discussed
below:
Page I of 14
/7
EastLake Master EIR (EIR 81-03) ' '
A Ma~ter EIR (EIR 81-03) was completed for the 3,073-acre EastLake community in February
1982. This Master EIR considered the impacts of site annexation from the County of San Diego
to the City of Chula Vista, as well as the potential impacts associated with the implementation of.
a Generhl P. lan Amendment, prezo~iing and General Development Plan for the future EastLake
Development.
EastLake I SPA Plan Supplemental EIR (SEIR 84-01)
In 1984, a SPA Plan was developed for approximately .1-,268 acres of the 3,073-agre EastLake
community. This SPA plan, referred to as EastLake I, was prepared as a refinement and
implementation fran~ework for the Planned Community zoning previously applied to the site in
1982. A Supplemental EIR (SEIR 84-01) was certified in February 1985 that addressed the
EastLake I SPA Plan and two accompanying Tentative Subdivision Maps, one of which included
the subject site.
EastLake I SPA Plan AmendmentFKaiser Permanente Chula Vista Medical Center Supplemental
EIR fSEIR 92-01)
In 1992, a Supplemental EIR (SEI]R 92 01) was certified for the EastLake I SPA Plan
Amendment/Kaiser Permanente Chula Vista Medical Center. The SEIR addressed lhe land nse
change of 12 acres identified as "VC-2" that is located at the northeast comer of EastLake
Parkway and Olay Lakes Road. SEIR 92 01 addressed the reduction of the 12-acre VC-2 area to
10 acres, including six acres of office/commercial uses and four acres of community purpose
facility (CPF) use. The remaining two acres of land located at the southeast intersection of
EastLake Partway and Fenton Street were eliminated from the adopted VC-2 area, moved to the
Business Center portion of the site and redesignated to employment use (E-10). The EastLake I
GDP and SPA Amendments were approved by Resolution No. 16702 on June 30, 1992.
EastLake Village Center North MND (IS-01-042)
On July 23, 2002, the City Council adopted the EastLake Village Center North project and
associated Mitigated Negative Declaration (MND) by Resolution No 2002-64_ The proposed
project encompassed three separate land use districts within the Easllake I SPA identified as
"VC-I", "BC-3" and "VC-2". The 9.3-acre project site is within the larger VC-2 district. The
MND addressed the following actions for the VC-2 district:
EastLake l] GDP Amendment to change two acres of Research & Limited
Manufacturing to Professional & Administrative; and
EastLake I SPA Plan Amendment to change two acres of Employment designation to
Village Center-2 (VC-2); change two acres from Business Center-Manufacturing Park
District (BC-I) and Open Space (OS-7) Io Village Center-2 (VC-2) and change the
permitted uses and property developmenl standards for VC-2 (PC District Regulations);
repeal the Precise Plan and adopt new Design Guidelines.
Page 2 of 14
~1o site plan was proposed for the BC-3 or VC-2 districts at the time the MND was prepared.
The IVEND states:
"Future development of these.pmrcels would'be governed by the l~oposed Plarmed
Con'anuuity District Regulations and Desig~ Guidelines. Specifically, the PC District
Regulations set forth th.e development and land use standards for all property within the
EastLake 1I General Development Plan' area by establishing: setbacks; building heights;
parking requirements; landscape requirements; use restrictions; animal regulations;
density of development; lot size, width and depth; fencing requirements; and signing
regulations. Sections 11~ and IV of the PC District Regulations specify the types of uses
that are permitted, conditionally pesJssitted and not pemfitted within VC-2 and BC-3
districts, respectively.
Fulure site plans for the VC-2 and BC-3 parcels will be evaluated against the adopted PC
District Regulations and Design Guidelines specific to these parcels. In addition, an
environmental evaluation of issues related lo the proposed land uses, such as but not
limited to land use .compatibility with adjacent uses, noise, and aesthetics would need to
be conducted at the time a future site plan is proposed: In addition, the need for any n~w,
pr expansion of, a public service specifically related to a proposed use (such as
emergency services and disposal of medical/toxic waste related to hospital or other
medical facility, disposal of biotechuical waste related to biotechnical research facilities,
etc.) would need to be evaluated for environmental considerations.
On the other hand, physical features of these parcels, including geology, biology, cultural
and paleontological resources and drainage, have been addressed in current technical
studies or prior en¼ronmental documentation, and. therefore would not need further
analysis. With respect to traffic, a worst-case traffic analysis has been prepared that
assumed the highesl trip-generating land uses allowed on these parcels_ As long as the
total trip generation for the three parcels 0/C-l, VC-2 and BC-3) does not exceed that
projecled in the 2002 LLG traffic study for the EastLake Village Center North project
(i.e., 36,356 average daily ixips), no further traffi~ analysis would be required. Similaxly,
a worst~case sewage generation and water demand analysis was conducted. Prox4ded lhat
the ultimate development that is proposed for the VC-2 and BC-3 parcels is in
conformance with the PC District Regulations and Design Guidelines, no additional
water or sewer analyses would be required."
In summary, while a site plan for the VC-2 parcel was ~ot proposed at lhe lime, a worst-case
deyelopment scenario was assumed for Iraffic and public service consideration. The scope of
analysis in Section E of this MlffD is based upon the assumptions and technical studies prepared
for the EastLake Village Center North M/fi) (IS-01-042) and updates to Ihese studies piepared
for this project.
C. Project Description
The proposed project involves the commercial development of 9.3 acres of the aforementioned
VC-2 parcel within the EastLake Village Center North Supplemental SPA Plan area. The
proposed project involves amendments to existing land use plans and approval of a sile plan,' as
discussed in detail below:
Page 3 of 14
~tions '
The proposed p[oject requires approval of the following actions:
· Amendment to the City of Chula Vista General Plan to change the land use designation
of the site from Commercial-Professional Administrative Commercial to Commercial-
Retail;
· Amendment to the EastLake II General Development Plan to change the land use
designation ofthe site from Professional Administrative to Comanen;ial Retail;
· Amendment to the EastLake Village Center North Supplemental Sectional Planning Axea
Plan (Eastlake I SPA) to revise the site utilization plan to reflect a shift of 9.3 acres from
VC-2 to "VC-4". The proposed amendment would not change the Development Phasing
or Design Guidelines;
o Amendment to the EastLake II Planned Community CC) District Regulations tu add a
"VC-4 Land Use District" that would permit the proposed project_ The exisling church
and day care center is not subject to the proposed amendments and will remain witlfin the
VC-2 dJslricl.
The PC District Regulations currently allow primarily offices and limited general
commercial uses on lhe subject site. The proposed change in the PC District Regulations
would broaden the spectrum of retail uses allowed on the 9~3-acre site. Specifically, with
the proposed amendment to the PC District Regulations, the additional retail commercial
uses would be permitted on the site including but not limited to: apparel stores, afl mnsic
and photographic studios and supply stores, appliance stores, arcades and electronic
games, cleaners and deparlment stores, retail stores and shops, sign painting shops,
swimming pool supplies and television stereo and radio stores including sales and repair.
Site Plan
The proposed project is subject to a site plan and architectural review process through the Design
Review Committee and parcel map approval by the City Engineer. The site plan proposes a
98,497 square fool (SF)Kohl's departmenl store, 7,000 SF of retail in a stand-alone building.and
a 5,500 SF sit-down restaurant building. The analysis contained herein addresses a maximum
development potential of a 7,500 SF retail building and a 6,000 SF restaurant. The department
store would be located in the northeast c6mer of the site (Figure 3). The two other buildings
would be located on the southwest coruer of the site. Adequate parking for the three buildings
would be provided onsite in accordance with City standards (minimum of 5 spaces/I,000 SF).
There would be four ingress/egress points for the site. The primary access to the site would be
from the driveway on EastLake Parkway. In addition to the main entrance, there would be two
driveways on Fenlon Street and one driveway on Olay Lakes Road. The easternmost driveway
on Fentun Street would be dedicated to truck delivery. The driveway on Olay Lakes Road would
be shared with the adjacent church and day care center.
D. Compliance with Zoning and Plans
Page 4 of 14 '
The proposed project s~te is within a Planned Corm~nunity District. The EastL:~ke ri Pc District
Regulations would be mnended as p~t of this project to change pcmfit~ed ]and uses on the site.
Amendments to the General Plan, EastLake H General Development Plan and EastLake I ~tillage
Center North Supplemental SPA Plan are required for the proposed project to comply with
regulating plans.
Identification of Environmental Effects
Basis of Analysis
As noted above, the project site has been the subject of several previous environmental
documents. The most recent of the earlier documents is the /rIND for the EastLake Village
Center North project (1S-01-042) which was prepared less than one year ago (June 2002). The
previous environmental documents provide a comprehensive evaluation of the site conditions
and potential impacts of de~eloping the site. These documents provide the basis of analysis and
scope for the evaluation of environmental effects in this ND.
Site conditions have not changed since the preparation of the MND for the EastLake Village
Center North. As such, the impacts of the proposed project on the physical feafures of the site,
including geology, biology, cultural and paleontological resources would be the same as
addressed in the EastLake Village Center North/vl3qD and are hereby incorporated by reference_
A regional detention facility is located at the soulhwesl corner of the EastLake Village Center
Norlh site, and it was designed to accommodate peak design flow events assuming full
development of the upstream watershed. Runoff from the project site would drain to the regional
detention facility (comprising approximately 1.5 percent of the total inflow to the detention
basin) via an existing storm drain system. A "Detention Basin Analysis for EastLake Village
Center North" was prepared in March 2002. This study assumed full development of the subject
site. Regardless of the land use, the impacts of development of the site on drainage would be the
same as addressed in the EastLake Village Center North MND and are hereby incorporated by
reference.
The proposed project would not have an impact on agricultural or mineral resources. These
resources do not occur on the site. The proposed project is a commercial development.
Therefore, the proposed project would not increase population, or create the need for additional
housing or recreational facilities. No known hazardous materials occur on the site, and the
proposed commercial development of the site would not create a significant public hazard.
Mitigation measures idenlified in the EaslLake Village Cenler North MND Mitigation
Monitoring and Reporting Program (MMRP) are valid and are required to be implemented by
The EaslLake Company, LLC which is also the applicant for this project. The mitigation
measures that were identified in the EastLake Village Center Norlh MMRP that are specific to
the project site are included as Attachment A. Note that these measures are not new measures,
but are incorporated by reference from M]',tD 1S-01-042.
Page 5 of 14
Analysis of Potential Environmental Effects
Because the proposed project involves a l.and us~ change, and a site plan for the site has not been
previously e~aluated, the issues of land use 'compatibility, aesthetics, public service~,
transportation and circulation, noise and air quality are addressed below.
Land Use Compatibility
The proposed project would be compatible with the established EastLake community. The
proposed change to the land use designation from Professional Administrative to Retail
Commercial would allow the continuation of the EastLake Village Marketplace directly west of
the site (across'EastLake Pmkway). This would achieve the intent of the activity core concept
anticipated by the EastLake I SPA.
The project site is ideal in terms of accessibility due to lhe fact thai it is adjac~mt to major
transportation corridors within the EastLake area (Olay Lakes Road and EastLake Pai-kway) and
is within one mile of future SR-125. In addition, future transit facilities are being considered on
EastLake Parkway near the project site_
The resulling loss ~f 9.3 acres of professional administrative office use is considered
insignificant in that thc adjacent 247 acre Business Center allows for office
commercial/corporate office uses, in addition to manufacturing and industrial.
The proposed site plan has been developed lo provide a buffer between the existing church and
day care facility and the proposed co;m3qercial center~ The department store would be the closest
but}ding to these offsite existing facilities. Thexe would be a distance of approximately 75 feet
belween the eastern department store facade and the property line. There would be distance of
approximately 150 feet from lhe loading docks to the properly line. The project site would be at
a lower elevation (approximalely 5 feet) than the existing church/day care center pad elevation.
Existing wrought iron fencing is located at the top of slope adjacent to the day care facility. The
day care facility has installed landscaping along the fence line, and the proposed project includes
landscaping on the slope within the property boundary. The elevation difference and
landscaping would pxo¥ide a visual buffer betweYn the land uses.
Activities at the loading docks can be a land use compatibility issue. The loading docks are
located on the noflheast corner of the building. According to the potential department store user,
loading and unloading at the deparlment store would occur twice per week; multiple tracks from
various venders would not occur. All deliveries would be from a central distribution center. The
loading activity would take a maximum of 30 minutes. The trucks arrive with a trailer with
merchandise, off-load the Irailer and pick up an empty trailer. This type of centralized delivery
service minimizes truck activity as well as loading and unloading activity.
Sensitive uses are not directly within the line-of-sight of the loading dock area. Directly east of
the property line in the line-of-sight of the docks is the day care facility parking lot. The day
care building is located south of the parking lot. The outdoor use area at the day care facility is
Page6ofl4 .
approximately 180 feet southeast of the loading dock area and would not be within the line-of-
sight of the loading dock area. The existing church is located south 6f the day care' building.
Due to the orientation of the building and location of the 'loading dock axea, the building itself
would block view,.of the loading dock from the outdoor use areas at the day care facility and the
chuxch. As such, the distance between the proposed and existing offsite uses, orientation of the
buildings, elevation difference, fence and landscaping would provide a visual, air quality and
noise buffer between the two uses. '
Lighting. is also a land use compatibility issue. The residential land use to the south and the
church may be sensitive to night lighting, but the day care facility would be less sensitive due to
their da~ime operating hours. The proposed project represents an inflll project located in- a
commercial/industrial area. Night lighting on the site would not create a new source of lighting
Jn the area. Night lighting would be required for security and architectural purposes. Night
lighting would be required to comply with the EastLake 11 Planned Community District
Regulations. According to the regulations, all lighting sources would be shielded in such a
manner that the light is directed away from streets or .ai:ljoining properties. The intensity of the
fight at the boundary of the site would be required to ¢omply with City standards. Thus, the
proposed night lighting would not result Jn a significant land use compatibility impact.
Aesthetics
The proposed project is subject to the EastLake Il Planned Community (PC) District Regulations
and Design Guidelines as amended August 6, 2002. Specifically, the PC Disirict Regulations set
forlh the development and land use standards for all property within the EastLake I1 General
Development Plan area by establishing: setbacks; building heights; parking requirements;
landscape requirements; use restrictions; animal regulations; density of development; lot size,
width and depth; fencing requirements; and signing regulations. Preliminary building elevations
show an architectural style and building fenestration that would be compatible with the adjacent
EastLake Village Center North commercial center. Extensive use of recessed and lighted
alcoves, landscaping, parapets and windows are proposed for the department store facades that
would reduce the building mass. Similar features are replicated in the adjacent retail and
restaurant building for continuity. The proposed project would comply with the existing PC
District Regnlafions and Design Guidelines and would be subject to design review and approval
by the Design Review Committee_ No impacts to aesthetics are anticipated.
Public Services and Utilities
The'proposed change in land use would not result in a significant impact on public services or
utilities. The site is planned for development. Development impact fees are required during the
building permit process to address the impact on public sen, ices. The proposed land use change
would hot generate additional population; therefore, population-based public resources, such as
parks and recreation, would not be affected by the proposed land use change.
Potable and recycled water demands were estimated for the EastLake Village Center North
MND in the "EastLake Village Cenler North Water Analysis" (PBS&J, February 2002). As
noted Jn Section B, a worst-case water demand was assumed in the February 2002 study. An
Page 7 of 14
update of this analysis, ';Amended EastLake Village Center North Supplemental SPA Plan Water
Analysis" (PBS&J April 2002), concluded that since the adopted (Professional-Administrative)
and proposed (Retail Commercial) land uses both fall into the general commercial category in
the Olay Water District (OW'D) Water Resource~ Master Plan, no impacts to the projected
potable or recycled water demands would resmlt .from the proposed land use amendments. The
potable and recycled water demand would be the same under e~ther land use scenario.
Therefore, no impacts to the projected potable and recycled water demand would result fi-om the
proposed land use amendments.
W'astewater generation was estimated for the EastLake Village Center North MlqI) in the
"EastLake Village Center North Sewer Analysis" (PBS&J, March 2002). As noted in Section B,
a worst-case waslewater generation was assumed for the site in the March 2002 study. An
update of this analysis, "Amended EastLake Village Center North Supplemental SPA Plan
Sewer Analysis", PBS&J, April 2003), concluded that the average daily wastewater generation
rates in the Chu]a Vista Subdivision Manual are the same for the adop!ed (Professional
Administrative) and proposed (Retail Commercial) land uses. Thus, the estimated wastewater
gefieration would be the same under either land use sc'enario. Therefore, no impacts to the
projected wastewater generation would result from the proposed land use amendments.
Transportation and Circulation
As noted previously, because no site plan was proposed at the time, a worst-case development
scenario was assumed for the VC-2 parcel in the EastLake Village Center Norlh MI,rD (1S-01-
042). The traffic analysis for the MND entitled "Traffic Impacts Analysis, EastLake Village
Center Noah" (Linscotl, Law & Greenspan, May 8, 2002) assumed that the entire 68-acre
project (VC-I, VC-2 and BC-3) would generate 36,356 average daily trips (ADT). It was
assumed that a total of 8,830 ADT would be generaled b2/the VC-2 parcel, which includes the
project site. The MND staled that as long as the updated total trip generation for the three
parcels does not exceed that projected in the May 2002 traffic study for the EaslLake Village
Center North project (i.e., 36,356 average daily trips), no further traffic analysis would be
required.
The May.2002 traffic impact analysis was updated with a new traffic study specific to the
proposed project. This study, entitled "Traffic Impact Analysis, EastLake Village Center East"
(Linscott, Law & Greenspan, April 24, 2003) addressed the maximum development potential for
the site, specifically a 98,497 SF department store, a 7~500 SF retail facility and a 6,000 SF sit-
down iestanrant on the VC-2 parcel. The study compared the proposed project traffic generation
to the assumptions in the May 2002 study.
Table I is a comparison of the land use~ and Irip generalion assumed in the May 2002 report for
the project site and the proposed land uses. As shown in Table.l, the approved site land uses are
calculated to generate 8,830 ADT with 473 trips in the AM peak hour and 850 trips in the PM
peak hour. The proposed project would generate 8,004 ADT with 242 trips in the AM peak hour
and 729 trips in the PM peak hour. Thus, the proposed project would result in an estimated 826
ADT less than the approved land uses, as well as fewer AM and PM peak hoer trips.
Page 8 of 14
The proposed project would not generate more vehicular trips llama previously assumed for the'
site, and the total trip generation for the three parcels (VC-I, VC-2 mad BC-3) would not be
exceeded (i.e.,'36,356 average daily trips). Thus, no additional off.site analysis'is required. Thc
offsite traffic analysis contained in the EastLake Village Center North MI,ID (18-01-042) and
associated 1VIIVIRP is hereby incorporated by reference.
Intersection (PM peak hour) and street segment operations (ADT) within the study area were
analyzed for the following scenarios:
o Existing plus Project (near term)
· Year 2005 without SR4 25
· Year 2005 with SR-125
· B~ildout (complete buildout of'planned developments and the street network in the Eastern
Territories)
Only PM peak hour analysis was conducted since the PM traffic generation is the worst case
with the highest traffic volumes as compared to the AM peak hour. The project generated PM
peak hour trips were assigned to the four project driveways for the four scenarios listed above.
The results are shown in Table 2. All driveway intersections axe unsignalized. In summary, the
level of service at all four project driveway intersections would operate at LOS B or better for
the Existing + Project scenario, LOS C or better for the Year 2005 Withoul or With SR 125
scenarios, and LOS D or better Jn the Buildout scenario. Thus, the proposed project would not
result in additional traffic impacts or traffic impacts that would be more severe than what was
addressed in the MND for the EastLake Village Center North project. No additional traffic
analysis or mitigation measures are required.
Air Quality
The proposed project would generate pollutants during the construction and operation phases of
the project. The air quality analysis in the EastLake Village Center North MND addressed the
temporary construction-related emissions pertaining to the grading of the site. The impact
analysis and mitigation measures addressed in MND IS-02-042 and associated MMRP are
incorporated by reference. The applicant would be required lo implement air quality control
measures outlined in the EastLake 1 Supplemental Air Quality Improvement Plan pertaining to
the design, construction and operational phases of the project as required in the MMRP for MblD
1S-02-042.
As discussed previously, the proposed project would result in less vehicular trips lhan what was
previously analyzed for the site. Thus, the proposed project would not result in new or more
severe air quality impacts related to mobile source emissions. Highe[ concentrations of exhaust
fumes could occur in the loading dock area during deliveries. As stated previously, truck
deliveries would occur up to fou~ times per week, and the deliveries coulit take up to 30 minutes.
Trucks may idle during the unloading and loading of trailers onto the cabs. The closest offsite
use to the docks ~vould be the day care facility parking lot, which would be over 150 feet to the
east. The closest outdoor use area would be the day care facility play area, which would be over
180 feet to the south of the loading dock area and would not be within the line-of-sight of lhe
Page 9 of 14
dock area. Due'to the frequency of deliveries, length of delivery time, distance to outdoor use
areas, and the fact that there would be no direct line-of-sight to the loading dock area, no
significant air quality impact is anticipated from loading/unloading activities.
Noise
Projected noise levels on the subject site were calculaled in the 'q',loise Assessment for the.
East.Lake Village Center North project" (Dudek & Associates, Inc. April .29, 2002). However
the noise assessment acknowledged that a site plan was not analyzed at that time. Therefore, the
assessment only addressed noise generatsd by project-related traffic and buildout traffic volumes
on adjacent streets.
A "Supplemental Environmental Noise Assessment for the EastLake Village Center East GPA &
GDP/SPA Amendment" project was prepared by Dudek & Associates (May 2003) to address the
proposed site plan (Figure 3). The study addressed noise levels generated by offsile traffic
volumes and onsite uses.
The noise exposure criterion for commercial uses is 70 db CNEL. This criterion applies at
outdoor use areas such as lunch areas or outdoor g;irden centers. The site would be primarily
affected by offsite traffic-related noise fiom Olay Lakes Road, EastLake parkway and Fenton
Street and onsite noise generated by loading and delivery activities, outdoor mechanical
equipment and parking lot aclivilies.
Offsite T~affic Noise
As discussed previously, the proposed project would not increase the traffic volumes on adjacent
streets above what was previously calculated in the EastLake Village Center Norlh lvllxlD and
associated traffic analysis (LLG 2003)_ The traffic noise impacts associated with deYelopment of
the EastLake Village Center North project (which includes the subject site) was previously
considered to be less than significant (Dudek& Associates 2002). This determination was based
on the fact that the noise level increase from project-related traffic would be 3 db or less, the
threshold for audible change, with the exception of EasILake Parkway between Olay Lakes Road
and Fenton Street and along Fenton Street. At the time the 2002 noise analysis Was prepared, no
sensitive land uses were located along these segments of road.
The updated noise analysis calculated the noise level along these segments of road.as well as
Olay Lakes Road using buildout traffic volumes 15om the EastLake Village Center North MND
traffic analysis. The future buildout traffic volumes along Olay Lakes Road, EastLake Parkway
and Fenton Street were calculated lo be 42,000 ADT, 25,000 ADT and 14,000ADT, respectively
(LLG 2002). As shown in Figme 4, the noise level adjacent lo EastLake Parkway would 70 db
CNEL which meets the City's criterion for commercial uses. The noise level along Fenton Street
between 65 and 70 db ClqEL which also meets the City's criterion for commercial uses. The
noise levels adjacent to Olay Lakes Road would be up to 75 db ClqEL. The noise levels between
70 and 75 db CNEL would occur within the landscaped area and parking lot adjacent lo the road-
Noise levels at the ouldoor use areas would be 70 db or less. This noise level would comply
wilh the City's noise slandards and would not be significant.
Page 10of14
On~telSloise Gener~ion <
Onsite noise would be associafed with the loading dock and delivery activities, outdoor
mechanical equipment and parking lot activities.
Loading Dock/Delivery Track Activities. A loading dock area would be located at the
northeast side of the proposed Kohl's store (Figure 3). Because Kohl's 6perates from a
distribution center, the number of ffuck deliveries is mlnlmi~ed. A maximum of foxir deliveries
ar6 anticipated per week, the maximum occmrlng during peak sales periods. The loading
activities would occur during the store's proposed hours of 6peration (i.e., 9 AM
The time period for the truck delivery would be approximately 30 minutes or less. This is due to
Kohl's specific procedure for deliveries. Their procedures is to drive up to the loading dock and
"seal" to the loading dock delivery door. The tracks disconnect the cab from the trailer, and
altach the cab to an empty trailer, then the track would leave the store. The receiving crew-
would unload the trailer and transfer merchandise into the store. The primary noise that would
be generated by the process would be from the track arriving, backing up into the dock,
detaching the cab, altaching the cab to the empty trailer and driving away. Noise measuremants
taken at a similar retail store with similar activities resulted an hourly average noise level of up
to 55 dB at 50 feet from the source.
The loading dock would be located at the northeasl comer of the buildingl The closest noise
sensitive area would be the day care center located approximately 150 feet easl of the loading
dock. The on-hour average noise level associated wilh the loading dock activities would be
approximately 51 dB at the eastern properly boundary. This noise level would not result in a
significant noise impact.
Outdoor Mechanical Equipment. Heating Ventilation and Air Conditioning Equipment
(H-VAC) as well as trash compactors would be located at the proposed department store. Eight
HVAC units would be located on the roof of the department store. The units would be set back
from the edge of the roof a minimum of 20 feet, and a parapet would screen the units. Each of
the units has a manufacturer's sound power rating of 92 dB. At the property boundary of both
the day care center and the chumh, the one-hour average noise levels would'be 45 dB or less
assuming all equipment operates continuously for a one-hour period. This'noise level would
comply with the City's noise standards and would not be significant.
I-IVAC equipment would .also be located on the olher retail building and the restaurant. The
closest sensitive use to 'the retail building and restaurant would be 340 feet and 250 feet,
respectively. The HVAC units proposed for these buildings typically generate noise levels of
approximately 45 to 55 dB at a distance of 50 feet. The one-hour average noise level associated
with Ire retail building and the restaurant on Lot 3 would be 43 dB or less assuming the
equipment operates continuously for a one-hour period. This noise level would comply with the
City's noise standards and would not be significant.
Page ll of 14
A compactor would be located neax the loading dock area. The property line of the day cate
center would be approximately 110 feet or moro from the compactor. Ba§ed on measurements
taken of compactors similar to the type proposed (15 liP), the maximmn noise level at 110 feet
from the compactor would be approximately 56 dB. The compactor would typically be operated
for no more than two cycles per hour, or approximately two to three minutes per hour. The one-
hour average sound level would be approximately 43 dB at a distance of 110 feet. This noise
level would comply with the City's noise standards and would not be significant.
Parking Lot Noise. Typical noise souxces in parking lots include opening and shutting of car
doors, starting engines and vehicle pass-bys. Based on published data, the sound exposure level
for each vehicle within the paxldng lot would be 68 dB at a distance of 50 feet. Assuming a
maximum of 729 vehicles in the parking lot during the peak hour (LLG 2003) and that the
vehicles are evenly .distributed throughout the parking lot, the one-hour average noise level
would be approximately 47 dB along the eastern property boundary and 42 dB at the multi-
family residential development to the south. This noise level would comply with the City's noise
standards and would not be significant.
Cumulative Noise
The future one-hour average noise level contribution fi.om the project to ambient noise levels at
the eastern property boundary and the multi-family residential use south of Olay Lakes Road
would be approximately 54 dB or less and 46 dB or less, revpectively. These noise levels
include the onsite noise sox~rces including the loading dock/delivery truck noise, outdoor HVAC
mechanical equipment, trash compactor and parking lot noise. These noise levels do not account
for noise attenuation associated with intervening topography, buildings or walls. These noise
levels would comply *¼th the City's noise standards and would not be significant.
]~'fitigation Necessary to Avoid Significant Impacls
The proposed project would not result in new significant environmental impacts or incnease the
severity of the impacts identified in previous environmental documents prepared for the site.
The mitigation measures included in the MMRP for the EastLake Village Center North MND
(IS-02-042) are still valid, and the applicant is required to fulfill the mitigation requirements
outlined in the MMRP. The MMRP for MND 1S-02-042 is included in Attachment A for
reference.
G. Consultation
City of Chula Vista
Lombardo DeTrinidad, Civil Engineer
David Kaplan, Transportation Engineer
Jim Newton, Civil Engineer
Luis Hernandez, Principal Planner
Jeff Steichen, Associate Planner
Mami Borg, Environmental Projects Manager
Page 12 of 14
APPlicant's AKent
Cinti and Associates, Gary Cinti~ Principal
VillaKe Center East Applicant/Developer
The East]Lake Company
.Oatlin Development Company
Kohls Depm baent Stores
Documents .
EastLake Master E]R (EIR 81-03), February 1982.
EastLake I SPA Plan Supplemental EIR (EIR 84-01) January 1985.
EastLake I SPA Plan Amendmenl/Kaiser Permanente Chula Vista Medical Center
Supplemental EIR (EIIK 92-01), June 12, 1992.
EaslLake Village Center North Mitigated Negative Declaration (MND IS-01-042), June
11, 2002
Detention Basin Analysis for EastLake Village Center Norlh, Hunsaker & Associates,
March 4, 2002.
Traffic Impact Analysis for EastLake Village Center North, Linscott, Law & Greenspan,
May 2002
EastLake Village Center Project Environmental Noise Assessment, Dudek & Associates,
Inc., April 29, 2002.
EaslLake Village Center North Water Analysis, PBS&J, February 2002.
EastLake Village Center North Sewer Analysis, PBS&J, March 2002.
Traffic Impact Analysis for EastLake Village Center East, Linscott, Law & Greenspan,
April 2003.
Amended EastLake Village Center North Supplemental SPA Plan Sewer Analysis,
PBS&J, April 2003.
Amended EastLake Village Center North Supplemental SPA Plan Water Analysis,
PBS&J, April 2003
Detention Facility Letter, Hunsaker & Associates, April 2003.
EastLake Village Center East GPA & GDP/SPA Amendment Project Supplemental
Environmental Noise Assessment, Dudek & Associates, Inc. May 2003.
I. Environmental Determination
The City of Chula Vista determined that the proposed project will not have significant
environmental effects other than what has been previously identified Jn prior envii-onmental
documentation. The preparation of an Environmental Impact Report will not be required. This
Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA
Guidelines.
Page 13 of 14
I l~nd that ther~ will not be a significant effect on the envizonment because the proposed p~oject
would not reSUlt in new impacts or impacts that are more severe than previously analyzed in the
Easttake Village Center North lvlND (IS-02-042) and other related envkonmemtal documents.
The mitigation measures described in the IVIND and associated MMRP (see Attachment A)are
still valid and axe incorporated by refexence. This Mitigated Negative. Declaxafion has been
prepared in accordance with Section 15070 of the Guideli~. es for the California Environmental
Quality Act (CEQA) as amended December 2001. This report reflects the independent judgment
of the City of Chula Vista. Furthex information regarding the environm6ntal revie~ of this
p~oject is a~railable fxom the Chula Vista Planning Depa~haent, 276 Fomth Avenue, Chula Vista,
. CA 91910.
Environmental Review Coordinator
Date:
Page 14 ell4
MILES
FIGURE 1
Regional Location
PROJE(~T ~ITE
L~ATION.
Eastt~Ice
Center No;th
~l~l~ent~l SPA
Salt Creek Spa
EastLake I SPA
Shores I~leighborho(>d
HEIs Neighborhood
Business Center I & II
~Eage Center N~
EastLake II SPA
G~ns Ne~h~o~
L a~ ~ep Ama
FIGUI~ 2
Project Site Location
/7-¥7
\
t_
[Ti
0
0
Wo~st case does nol include noise atlenuatJon associated
with intervening topography, buildings or walls.
RASE MAI' SOURCE: HUNSAICER & ASSOCIATES. APRIL 2002 AND SMITH CONSULTING ARCHITECTS, MAT 2003
~:c~e ~ Fe~t
FIGURE 4
Future Traffic CNEL Contours
0
Table
PM PEAK HOUR II',ITERSECTION OPERATIONS
YEAR 2005 YEAR 2005 BUILDOUT
EXISTING + WITHOUT SR WITH SR 125
INI'ERSEC'I'ION PROJECT 125
DELAY LOS DELAY LOS DELAY LOS DELAY LOS
Fenlon StJProjec~ Dwy. 1 8.9 A 10.5 B 10.5 B 11.3 B
Fentori .St/Kuhn DrJProj. Dwy. 2 11 .B B 22.5 C 20.1 C 28.6 D
Eastlake Pkwy/Project Dwy. 3 1 t.2 B 13.7 B 15.0 B 19.0 C
Otay Lakes RdJProject Dwy. 4 11.3 B 129 B 15.5 C 18.2 C
Del~y-- Average delay per vehicle in secor~cls
LOS - Level of Service.
AYER~GE CONTROL DELAY LEVEL OF
PER 'VEHICLE SERVICE
0.0 < 10.0 -~
10.1 to 15.0 B
15.1 to 25,0 C
25_!1 lo. 35.0 D
35.1 to 50.0 E
> 50.0 F
A'fTAClt]VIENT "A'
Mitigation Monitoring Reporting Program
IS-01-042
This Mitigafi&n Monitoring Reporting Program (NIMRP) is prepared for the City of Chula Vista
in conjunction with the proposed EastLake Village Center North (IS-01-042) project. The
proposed project has been evaluated in a Mitigated Negative Declaration (Mi'q-D) prepared in
accordance with the California Environmental Quality Act (CEQA) and City/State CEQA
Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures
are implemented and monitored on Mitigated Negative Declarations, such asi$-01-042. The
1VL,MILP for this project ensures adequate implementation of mitigation for the following polential
impacts:
1. Water Quality
As discussed in the EastLake Village Center North IVIND, grading, construction and operation of
the proposed project would increase the potential for erosion and impacts on water quality from
runoff that conlains silt, oils, fuel residues, etc.
2. Air Quality
As discussed in the EastLake Village Center IVIND, the proposed grading of the site would
generate construction equipment emissions and airborne particulates. In addition, particulates
associated with grading equipment (particulates from haul trucks, dirt on the truck tires, and dirl
on unimproved portions ofhanl routes) would become airborne during hauling operations. The
incremental increase in mobile enxissions from site improvement would contribute to existing air
quality violations on a short4erm basis.
3. Geology
As discussed in the EastLake Village Center North MND, grading of site would impact
unsuitable geologic conditions.
4. Transportation
As discussed in the East]Lake Village Center North MND, the project would generate sufficient
volume of traffic to reduce levels of service on segments of EastLake Parkway and Olay Lakes
Road, as well as several intersections on Olay Lakes Road and EasILake Parkway to
unacceptable levels.
5. Paleontological Resources
As discussed in the EastLake Village Center North IvlND, the grading of the site may impact the
Olay Formation, which has high paleontological resource potential_
6.
Site plans for the VC-2 and BC-3 parcels are not being proposed at this time. If the noise level at
outdoor use areas in the parcels exceeds the City's noise standards, the noise impact would be
considered significant.
Di]e to the natare of the environmental issmes identified, the Mitigation Compliance Coordinator
shall be the ]~nviromental Review Coordinator for the City of Claula Vista. It shall be the
remponsibility of the applicant to ensure that the c6nditions of the Mitigation Monitoring
Reporting Program are met to the satisfaction of the Enviromental Review Coordinator.
Evidence in written form confirming compliance with the mitigation measles specified in the
EastLake Village Center Blorth MND '(I8-01-042) shall be provided by the applicant to the
En~rironmental Review Coordinator. The Environmental Review Coordinator will thus provide
the ultimate verification that the miligation measures have been accomplished.
2
/
/ 7~8
ADDENDUM TO THE NEGATIVE DECLARATION
FOR EASTLAKE VILLAGE CENTER EAST
PROJECT NA]VIE:
EastLake Village Center ]~ast
PROJECT LOCATION: Northeast comer of the EastLake Parkway/Otay Lakes Road-
intersection
PROJECI' APPLICANT: The EastLake Company, LLC
CASE NO: 1S-03-028
DATE:
.June 19, 2003
I. BACKGROUND
A Negative Declaration (IS-03-028) has been prepared for the EastLake Village Center East
project, which involves the commercial development of a 9.3-acre parcel within the EastLake
Village Center North Supplemental SPA Plan area. The Negative Declaration (ND) addresses a
City of Chula Vista General Plan Amendment, EastLake 1I General Development Plan
Amendment, EaslLake Village Center North Supplemental Sectional Planning Area Plan
Amendment and an amendment to the EastLake 1I Planned Community District Regulations to
change the land use designation of the site from Commercial-Professional Administrative
Commercial to Commercial-retail and to broaden the spectrum of retail land uses that can be
developed on the site.
· The proposed project is subject to a site plan and architectural review process through the Design
Review Conrunittee and parcel map approval by the City Engineer. The ND also addresses a
proposed site plan that includes a 98,497 square foot (SF) Kohl's deparlment store (Lot 1), 7,500
SF retail building (Lot 2) and a 6,000 SF restaurant (Lot 3).
Il. THE PROPOSED PROJECT
Since issuance of the ND for public review, the land use allocation for Lots 2 and 3 has changed.
The revised project includes a maximum total of 12,000 SF of restaurant/food use and 4,800 SF
of retail combined between the two lots. No other changes are being proposed to the site plan or
development potential &the site.
II1. CEQA REQUIREMENTS
Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's
responsibilities Jn handling new information that was not included in a project's environmental
document. Section 15162 of the State CEQA Guidelines provides:
(a)
When an EIR has been certified or a negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency
ND lS-03-028 Addtmduro
06~19/03
determines, on the basis of ~bstantial evidence in the light of the whole record,
one or more of the following:
(l)
(3)
Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
in,ease in the severity of pre¥iensly identified significant effects;
Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the
previous EIR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certified as complete or the negative
declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed
in the previous EIR or Negative Declaration;
b. Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
Mitigation measures or alternatives p. reviously found not to be
feasible would in fact be feasible and would substantially reduce
one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative;
or
d. Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative.
As discussed ih Section IV below, the proposed project would not result in new significant
impacts or an increase in severity of the impacts disclosed in the ND. With the exception of the
change in development potential of Lots 2 and 3 combined, the proposed project is consistent
with the land use and intensity of development assumed for the site in the ND. No new
information of substantial importance has been identified that was not known and could not have
been known at the time the ND was prepared. Further, the proposed project does not change the
- analysis and conclusions in the ND.
Pursuant to Section 15164 of the State CEQA Guidelines, a lead or responsible agency shall
prepare an Addendum to a ND if some changes or additions are necessary but none of the
conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
This Addendum to the ND for Eastlake Village Center East (IS-03-028) has been prepared in
accordance with the requirements of the City of Chula Vista Environmental Review Procedures
and Section 15164 of the State CEQA Guidelines. This Addendum addresses the proposed
change in development potential of Lots 2 and 3 and makes only a minor technical change or
ND IS 03428 Addendum
0&19~3
addition that is necessary to make the ND for East~ake Village Center East adequate under-
CEQA. The Addendum need n6t be circulated for public review but will be attached to the ND
(State CEQA Guidelines, § 15164(c)).
IV. ANALYSIS
As stated previously, the ND addr~ed a development potential for Lots 2 and 3 of 7,500 SF of
retail and 6,000' SF of restaurant hso. The p~oposed re,rised project would increase [he restaurant
use on Lots 2 and 3 by 6,000 SI* and would de~-ease the retail use by 2,700
A maximum of 8,830 average daily trips (ADT) are allocated to the entire site based on the
epproved land use designation for the site. 'As long as the proposed project does not exceed the
total trips allocated to the site (i.e., 8,830 ADT), there would be no traffic impact associated with
the proposed development potential.
The rev/sed project represents a maximum development potential for the site. A trip generation
analysis was conducted for a 98,497 SF department store, 12,000 SF of restaurant use, and 4,800
SF of retail use for the entire site. The trip generation would not exceed the 8,830 ADT that was
assumed for the site in the ND (LLG, June 18, 2003). No new traffic impacts would occur from
the revised project.
Significance of Impacts
Since no impacts xvere identified, no mitigation measures are required.
IV. CONCLUSION
Pursuant to Section '15164 of the State CEQA Guidelines, and based upon the substantial
evidence in the record supporting the above discussion, I hereby find that the proposed change in
the proposed project will result in only minor technical changes or additions which are necessary
to make the Negative Declaration for the EastLake Village Center East project (1S-03-028)
adequate under CEQA.
Environmental Review CoOrdinator
References:
City of Chula Vista Environmental Review Procedures
Negative Declaration for EastLake Village Center East (IS-03-028) dated May 22, 2003
ND IS-03-028 Addendum 3
06/I 9/03
'ou are required to file a Statement of Disclosure of cedain ownership or financial interests, payments,
.r campaign contributions, on all matters which will require discretionary action on the part of the City
;o6ncil, Planning Commission, and all other official bodies. The following information must be disclosed:
· List Ihe names of all persons having financial interest in' the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
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 a~y partnership interest
in the partnership.
If any person* identified pursuant to (1) above is non-profit organization or a Irust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
cqr; lrust.
4
Have you had more than $250 wodh of business transacted with any member of the City sta~
Boards, Commissions, Committees, and Council within the past twelve months? Yes No L/
If yes, please indibate person(s): ' . _
5. Please identify each and every person, including an)/ agents,' employees, consultants,
inde. i~.endent contractors who you have assigned to represent you before the C~ty in this matter, or
6. Have you and/or your officers or agenls, in the aggregate, contributed than $1,000 to a
Councilmember in the current or preceding election per od? Yes No
Councilmffmber(s): - If yes, slate which
Date:
Signatbi~ of contractor/applic~nl '
P~nt dr type ~rne of contraclor/appl~ant'
* Per, on i$ ~e~ned as: "~ ~nd[vf~uo~ fi~m. c~portners~fp' joint venhtre, a~5~[atio~. ~oci~ club. frear~r~o/organization, corporaflo~
estate, tmtM, receiver, ~n~cate. this and a~ ot~er count, ci~ and c~nt~, ci~ municipali~, d~trict or ot~er polltical subdfviMo~
other grottp or combinaKon acting os o uttit~ " ' ' ' or any
RESOLUTION 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
CITY'S GENERAL PLAN; EASTLAKE II GENERAL
DEVELOPMENT PLAN, EASTLAKE I VILLAGE CENTER
NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA
(SPA) PLAN AND ASSOCIATED REGULATORY
DOCUMENTS FOR 9.3 ACRES AT THE NORTHEAST
CORNER OF OTAY LAKES ROAD AND EASTLAKE
PARKWAY.
RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Resolution is
diagrammatically represented in "Exhibit A" and incorporated herein by this reference
and for the purpose of general description consists of 9.3 acres known as Village Center
East, located at the northeast comer of Otay Lakes Road and EastLake Parkway within
the Eastlake Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista
Planning and Building Department on February 14, 2003 by the EastLake Company
requested amendments to the City of Chula Vista General Plan, EastLake II General
Development Plan and EastLake I Village Center North Supplemental Planning Area
(SPA) Plan; and,
WHEREAS the proposed amendment to the General Plan Land Use Diagram
consists of changing the land use designation of said 9.3-acres from Commercial,
Professional & Administrative to Commercial, Retail as illustrated in Exhibit B; and,
WHEREAS the proposed amendment to the EastLake II General Development
Plan (GDP) consists of changing the land use designation of the Project Site from PA,
Professional Administrative to CR, Commercial Retail as illustrated in Exhibit C; and,
WHEREAS the proposed amendments to the EastLake I Village Center North
Supplemental Planning Area (SPA) Plan consists of amending the Site Utilization Plan
to change the designation of the westerly 9.3 acres from VC-2 to a new designation of
VC-4 as illustrated in Exhibit D; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of
various entitlements and agreements, including: l) amended Eastlake II General
Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8,
2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council
Resolution No. 2002-264 on July 23, 2002 and 3) Eastlake II Planned Community
Page 2
District Regulations approved by City Council Ordinance No. 2905 on April 15, 2003;
and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on June 25, 2003 and voted 5-0-0-2 to forward a positive recommendation to the
City Council on the Project; and,
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this project held on June 25, 2003 and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding; and,
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notice of said hearing, together with its purpose given by its publication
in a newspaper of general circulation in the city, and its mailing to property owners
within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the
hearing; and,
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on July 8, 2003 on the Project discretionary approval
applications, and to receive the recommendation of the Planning Commission, and to hear
public testimony with regard to same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
Il.
CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the adopted Negative Declaration (IS-03-028)
and its attendant addendum have been prepared in accordance with requirements of the
California Environmental Quality Act (CEQA), the State CEQA Guidelines and the
Environmental Review Procedures of the City of Chula Vista, and has reviewed and
considered the previously adopted Negative Declaration (IS-03-28) and its attendant
addendum.
IlL INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised its independent review and judgment and concurs with
the Environmental Review Coordinator's determination that the proposed project would
not have a significant effect on the environment in light of the whole record before the
City of Chula Vista, and the adopted Negative Declaration (IS-03-28) and its attendant
addendum in the form presented has been prepared in accordance with requirements of
the California Environmental Quality Act CEQA), the State Guidelines and the
Environmental Review Procedures of the City of Chula Vista and has reviwed and
considered same.
IV.
Vo
Page 3
APPROVAL OF GENERAL PLAN AMENDMENT
The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and
diagrammatically represented in Exhibit "B," a copy of which shall be kept on file in the
office of the City Clerk to change the land use designation of 9.3 acres at the northeast
comer of Otay Lakes Road and EastLake Parkway from Commercial, Office Professional
to Commercial, Retail.
GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan is internally
consistent and shall remain internally consistent following the amendments thereto in this
Resolution.
VI. GENERAL DEVELOPMENT PLAN FINDINGS
THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN, AS AMENDED.
The proposed amendments to the EastLake II General Development Plan reflects the land
use, circulation system and public facilities that are consistent with the City's General
Plan as proposed to be amended.
PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF
SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO
YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE.
A new supplemental Sectional Planning Area Plan known as Village Center North
Supplemental SPA, which was a continuation of the EastLake I SPA, was adopted by the
City Council on July 23, 2002.
IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABLITY AND STABILITY; AND TH3.T IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER
OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR
PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE
ADEQUATE TO SERVE THE ANTICIPATED POLPULATION AND APPEAR
ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION
THEREOF.
The project does not involve residential development.
VII. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended EastLake II General Development Plan is
hereby approved and adopted in the form presented to the City Council and on file in the
office of the City Clerk.
17- Z
Page 4
VIII.
SPA FINDINGS/APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE
IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The SPA plan amendment reflects the proposed changes to the General Plan and
EastLake II General Development Plan. Thus, the EastLake I Village Center
Supplemental SPA amendment will be consistent with the General Plan and EastLake 1I
General Development Plan, as proposed to be amended.
B. THE SECTIONAL PLANNING AREA PLANS
ORDERLY SEQUENTIALIZED DEVELOPMENT
SECTIONAL PLANNING AREAS.
WILL PROMOTE THE
OF THE INVOLVED
The development of the Project Site is subject to the requirements, restrictions and
limitations prescribed in The EastLake Village Center North Supplemental Public
Facilities Finance Plan (PFFP) and therefore will be constructed in the order outlined in
the PFFP.
C. THE EASTLAKE I VILLAGE CENTER SUPPLEMENTAL SECTIONAL
PLANN1NG AREA (SPA) PLAN, AS AMENDED, WILL NOT ADVERSELY
AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION
OR ENVIRONMENTAL QUALITY.
The proposed changes in allowable land uses are consistent with the Eastlake Activity
Core land use concept originally envisioned by the EastLake I SPA. The changes in
allowable land uses will not adversely affect the adjacent land uses, residential
enjoyment, circulation or environmental quality of the surrounding uses.
D. IN THE CASE OF PROPOSED iNDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION, AND
OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO
CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED
DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL
MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
The amendments do not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED
FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT.
The proposed amendments do not involve Institutional, Recreational or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The Project Site will be served by two existing major streets: EastLake Parkway, a 4-
lane prime arterial and Otay Lakes Road, a 6-lane prime arterial. The main access to the
Page 5
Project Site is along EastLake Parkway with secondary access points along Fenton Street.
and Otay Lakes Road. Deceleration lanes are proposed for both Eastlake Parkway and
Otay Lakes Road. The intersection of EastLake Parkway and Fenton Street will be
signalized as part of the development of the Village Center North project to the west,
which is currently under construction.
Regional access will be provided primarily by Interstate 805 located approximately 5
miles to the west, and eventually by the future State Route 125, immediately adjacent to
the west. Required improvements installation timing and financing mechanism are
discussed in the Village Center North Public Facilities Finance Plan. Thus, the streets
proposed to serve the Project Site are suitable and adequate to carry the anticipated traffic
thereon.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION (S).
The proposed amendments increase the acreage designated Commercial Retail to allow
for the construction of the EastLake Village Marketplace directly west across EastLake
Parkway, thereby achieving the intent of the activity core anticipated by the EastLake I
SPA. These amendments will provide additional needed commercial facilities, such as a
major department store, restaurant and other similar uses, to complement the Eastlake
Village Marketplace.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED 1N COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The surrounding area is already zoned and incorporated into the EastLake I Village
Center Supplemental SPA. As indicated above, the change in land use designation for the
Project Site is the same as the parcel directly west across EastLake Parkway. This
change in land use will allow the continuation of the activity core concept and, therefore,
compatible with the anticipated development in the immediate vicinity.
BE IT FURTHER RESOLVED that in light of the findings above, the City
Council does hereby approve the EastLake I Village Center North Supplemental
Sectional Planning Area (SPA) Plan amendments as presented in "Exhibit C", a copy of
which shall be kept on file in the office of the City Clerk, subject to the conditions set
forth below:
SPA PLAN CONDITIONS OF APPROVAL
Implement, or cause the implementation of all mitigation measures pertaining to
the Project identified as applicable to the "VC-2" in MND IS-01-042 which are
incorporated by reference into ND IS-03-028.
Implement the Federal and State mandated conservation measures outlined in the
EastLake I Supplemental Water Conservation Plan.
In addition to the mandated water conservation measures, implement the non-
mandated water conservation measures, which include 1) Hot Water Pipe
Page 6
XI.
Insulation, 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant
Landscaping.
Prior to approval of building permits for each phase of the project, the applicant
shall demonstrate that air quality control measures outlined in the EastLake I
Supplemental Air Quality Improvement Plan pertaining to the design,
construction and operational phases of the project have been incorporated in the
project design.
Trash collection areas shall be covered, bermed or other method as approved by
the City Engineer to prevent runoff of polluted water across paved areas into the
storm drainage systems.
Tables and exhibits in the EastLake II General Development Plan and EastLake I
Village Center North Supplemental SPA Plan must be modified to reflect the
proposed amendments.
Based on the Negative Declaration and attendant addendum, the maximum square
footage allocated to Lot 1 shall be 98,487 SF and Lots 2 and 3 combined shall be
12,000 SF of high turnover sit-down restaurant and 4,800 SF of retail. Any
deviation from this allocation shall require review and approval by the
Environmental Review Coordinator and Zoning Administrator.
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of shall
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, instituted and prosecute litigate or
compel their compliance or seek damages for their violations. No vested rights are gained
by Developer or successor in interest by the City approval of this Resolution.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon enforceability of each and every term provision and condition herein stated; and
that in the event that any one or more terms, provisions or conditions are determined by
the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so
determines in its sole discretion, this resolution shall be deemed to be revoked and no
further in force or in effect.
Presented by
Approved as to form by
Robert A. Leiter
Planning Director
City Attorney
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of July, 2003, by the following vote:
AYES:
Councilmembers:
ATTEST:
Stephen C. Padilla, Mayor
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-264 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of July, 2002.
Executed this 8th day of July, 2003.
Susan Bigelow, City Clerk
ROLLIHi
RANCH
UFIITED
pARCEL .
PROFESSIONAL
ADMIHISTRATIVE
CEHTER
AMENDMENT
AREA
CHUL~Q~ VISTA
COMMUNITY
PARK
EXHIBIT A
LOCATOR
Detail from General Plan (Proposed)
Commercial, Retail
CommerCial, Retail
Indust, Res. & Ltd. Mfg.
ReSidential, Low,Medium
Parks & Recreation
Open SPace
EXHIBIT B
!~'/~Z
~7
Exhibit C
17--~
Proposed Site Utilization Plan
EastLake Business Center I,
EastLake Activity Center,
$~d.t ~ R-IS and Salt Creek I
R-t7
Parcel
Number Land Use I Acme
EMPLOYMENT (Bu~tnese Center I)
E-1 Employment 32;1
E-2 Employme~ 16,6
E-3 Employment 8.0
E-4 Employment 17~6
E-5 Employment 13.9
..... E-6 Employment 6,2
E-7 Employment 12,5
E-8 Employment 4.6
E-9 Employment 14,6
Total t26,1
~Vtllage Center 38.1
VJ_._~__JVit~age Center 4'31 ~ Subject oY amendment
~Vaiage Cente; 9.3
~ E-10 JVIL Ctr. Employment 16.4
Total 68.1
loPE. SPACE/PARKS I
~Open Space 3.4
~Open Space 0.7
0.5
~ParO~nkSpace
9.1
TOtal 13.7
Number ~nd U~ R~ge
~R~Uent~1 - ~c~ 43.6 ~ 3.9 169
~R~e~l- A~ch~ ~0 ~15 11,9 237
R-18 IR~lde~t - A~h~ [5 1~ 16.9 144
SU~l 7Z1 7~6
~n S~ce 6.5
O~n S~e 1.0
O~ S~ce LO
~o~. s~=~ ~,2
,~19 ]O~ S~ce 7.2
91.0
E45TL (E !
A planned community by The EastLake Company
Cen[er I E-~
E-1
E-10
VC-I
Project Location
Change the Parcel
Number from VC-2
to VC-4 (Village Center)
Location
Cinfl Land Planning
4/29/03
Exhibit D
RECITALS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE II PLANNED COMMUNITY DISTRICT
REGULATIONS AND LAND USE DISTRICTS MAP.
A Project Site
WHEREAS the area of land, which is the subject of this Ordinance is
diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for
the purpose of general description herein consists of 9.3 acres known as Village Center East, and
located at the northeast comer of Olympic Parkway and EastLake Parkway within the EastLake
Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS a duly verified application was filed with the City of Chula Vista
Planning and Building Department on February 14, 2003 by the EastLake Company requesting
amendments to the EastLake 1I Planned Community District Regulations; and,
WHEREAS, the VC-4 land use district is being created a ....
s a Project Specific Land
Use District" to allow specific types of land uses only in conjunction with the construction of the
approximate 100,000 square foot Kohl's department store; and,
WHEREAS, the new VC-4 land use district permitted and conditional uses include
department stores, hobby shops, apparel stores, arcades and miscellaneous retail shops; and,
WHEREAS, the provisions of this "Project Specific Land Use District" will be in
effect until July 15, 2006 unless the following two requirements are met: I) commence construction
of the Kohl's department store no later than July 15, 2005. For purposes of this land use designation,
commence construction ' sha 1 mean the date of commencement of July 15, 2005, as set forth in a
legally binding contract for the construction of the Kohl's building and related site improvements
which has been entered into by Kohl's Department Stores; and 2) Kohl's department store is open for
business no later than July 15, 2006; and,
WHEREAS, in the event Kohl's has not commenced construction by July 15, 2005,
the VC-4 "Project Specific Land Use" designation will revert back to VC-2 land use district; and,
WHEREAS, in the event that the Kohl's department store is not open for business by
July 15, 2006, the VC-4 "Project Specific Land Use" designation will revert back to the VC-2 land
use district.
Ordinance No.
Page 2
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) amended Eastlake II General Development Plan
(GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003; 2) Eastlake I
Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on
July 23, 2002and 3) Eastlake II Planned Community District Regulations approved by City
Council Ordinance No. 2905 on April 15, 2003; and,
Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on June 25, 2003 and voted 5-0-0-2 to forward a recommendation to the City Council on
the Project; and,
WHEREAS, the proceedings and all evidence introduce before the Planning
Commission at the public hearing on this project held on June 25, 2003 and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and,
E. City ConnciI Record of Application
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on July 8, 2003 on the Project discretionary approval
applications, and to receive the recommendation of the Planning Commission and to hear public
testimony with regard to same; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project Sites at least ten days prior to the hearing; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced
for first reading on July 8, 2003, the City Council of the City of Chula Vista approved
Resolution __by which it adopted the amendments on the City of Chula Vista General Plan,
EastLake II General Development Plan and EastLake I Village Center North Supplemental
Sectional Planning Area (SPA) Plan.
NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain
as follows:
Ordinance No.
Page 3
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public heating
on the Project held on June 25, 2003, and the minutes and resolutions resulting therefi-om, are hereby
incorporated into the record of this proceeding.
IlL CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the adopted Negative Declaration (IS-03-28) and its
attendant addendum have been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review
Procedures of the City of Chula Vista, and has reviewed and considered the previously adopted
Negative Declaration IS-03-28 and its attendant addendum.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council exercised its independent review and judgment and concurred with the
Environmental Review Coordinator's determination that the proposed would not have a significant
effect on the environment in light of the whole record before the City of Chula Vista, and the
adopted Negative Declaration (IS-03-28) and its attendant addendum in the form presented has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the
State Guidelines, and the Environmental Review Procedures of the City of Chula Vista and has
reviewed and considered same.
V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the EastLake II Planned Community
District Regulations are consistent with the City of Chula Vista General Plan, as concurrently
amended, and public necessity, convenience, the general welfare and good zoning practice support
the amendment.
VI. APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the amendments to the EastLake II Planned Community
District Regulations, Land Use Districts Map as represented in Exhibit B.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event
that any one or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
I7 -
Ordinance No.
Page 4
VIII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.
Presented by
Robert Leiter
Director of Planning and Building
Approved as to form by
City Attorney
UNITED
PROFESSIONAl.
ADMINISTRATIVE
EASTLAKE
VOl,IS
MARKET
AREA
CHULA VISTA
COMMUNITY
PARK
EXHIBIT A
LOCATOR
Project
Location
Land Use Districts
. Proposed
\.
~F_~SI'~KE !!
· A Planned COmmunity by 1t~e East[aEc Co.
5/9103
1-16
Project Description
EXHIBIT B
~ = Text Re~%oved
U~lderline = Text Added
SECTION III: VILLAGE CENTER & cOM~ERCIAL DISTRICTS
III.0 Purpose
In addition to the objectives outlined in SEction 1.0 (Purpose and Scope),
the Village Center and Commercial Districts are included in the Planned
Community District Regulations to achieve the following purposes:
TO provide appropriately located areas for office uses, retail stores,
service establishments and wholesale businesses, offering commodities
and services required by residents of the City and its surrounding
market area;
To provide an opportunity for commercial and quasi-public community
support facilities;
To encourage office and commercial uses to concentrate for the
convenience of the public and for a more mutually beneficial
relationship to each other;
To provide adequate space to meet the needs of modern commercial
development, including off-street parking and loading areas;
To minimize traffic congestion and to avoid the overloading of
utilities by preventing the construction of buildings suited to the
amount of land around them;
TO protect commercial properties from noise, odor, smoke,
unsightliness, and other objectionable influences incidental to
industrial uses; and
To promote high standards of site planning, architectural and
landscape design for office and commercial developments within the
City of Chula Vista.
III.1
Permitted Uses: Village Center Districts
The matrix of land uses on the following pages indicates the relative
permissive status using the following symbols:
"P" = Permitted.
Permitted subject to Conditional Use Permit approved
by the Chula Vista Planning Commission.
Permitted subject to Conditional Use Permit by the
Zoning Administrator.
Permitted Accessory Use to a Permitted
Conditional Use.
or
Use Not Permitted.
Chapter II - Section II.3
EastLake II SPA Plans
/7. '7V
Ao
Land Use
Administrative and Professional
Services
General Co~m%ercial Uses
1. Antique shops (no outdoor storage)
2. Apparel stores
3. Art, music and photographic
studios and supply stores
Appliance stores and repair (no
outdoor storage)
5. Arcades and electronic games (see
Section VI.4)
6. Athletic and health clubs
7. Automobile and/or truck services, sales,
rental agencies
8. Bakeries - retail
9. Barber and beauty shops
10. Bicycle shops, non-motorized
11. Blueprint and photocopy services
12. Book, gifts and stationery stores
13. Candy stores and confectioners
14. Car Wash subject to provisions of
Section 19.58.060 CVMC
15. Catering establishments
16. Cleaners
17. Commercial recreation facilities
not otherwise listed
18. Eating and drinking establishments:
a. Bars, nightclubs
cabarets
b. Restaurants, coffee shops,
delicatessens:
1) with alcoholic beverages
and/or entertainment
2) without alcoholic beverage
3) with outdoor seating*
Land Use District
vt-1 vc-2 VC-3 VC-4*
P P P P
P N B N
P N P P
P N P _P
P N P ~
C N C P
C C C _C
A N A N
P P P _P
P P P _P
P P P
P P P _P
P P P _P
P a P a
C N C _N
P N P N_
p N P ~p
c c c c
C N N N_
c c c c_
p p p P
p p p p
Chapter II - Section II.3
EastLake II SPA Plans
Land Use District
Land Use VC-1 VC-2 VC-3 VC-4*
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Snack bars and refreshment stands
contained within a building
p
P P
Fast food restaurants with drive-in
or drive-through (subject to Site Plan
And Arch. Review by the Zoning
Administrator) C
N
Equipment rental (enclosed building) p
Feed and tack stores (no outside storage) p
Financial Institutions with drive thru p
Florists' shops p
Food stores, supermarkets, drug stores p
P
N
P
P
N
Furniture stores
Gasoline service stations
Hardware stores
Hobby shops
P N
C N
P N
P N
Hotels and motels (and accessory uses,
including restaurant, bar, shops)
29. Janitorial services/supplies
30. Jewelry stores
31. Junior department, department stores,
discount and membership department
stores.
32. Kiosks, and moveable vendors, including
photo sales, located in parking lot
33. Liquor stores
34. Medical and dental offices, clinics
35. Mortuaries
36. Motorcycle sales and services including
motorized bicycles
37. Newspaper and magazine stores
38. Nurseries and garden supply stores in
screened area
39. Office suites, general
P p
P N
P P
C N
P _N
N _P
P _P
P N
N N
C N
P _N
N _P
P _N
~ _P
P N N P
C C C C
C N C N
P P P _P
N N N _N
A N A _N
P a P _a
P N p ~
P P p ~
Chapter II - Section II.3
EastLake II SPA Plans
Land Use
40. office supplies/stationery stores
41. Parking facilities (commercial)
42. Pharmacies
43. Photocopying services
44. Printing shops
45. Recycling drop-off bins
46. Retail stores and shops
47. Sign painting shops (enclosed building)
48. Stamp and coin shops
49. Swimming pool supplies
50. Television, stereo and radio stores
including sales and repair
51. Theaters
52. Tire sales and services
53. Travel agencies
54. Veterinary offices and animal hospitals
Public and Semi-Public Uses
1 Day nurseries, day care schools (subject
to provisions of the Municipal Code)
2 Convalescent homes and hospitals
3 Clubs and lodges including YMCA,
YWCA and similar youth group uses
4. Libraries
5. Educational institutions
6. Hospital, medical care facilities
7. Post office
8. Religions institutions
9. Group care facilities and residential
retirement hotels
Land Use District
VC-1 VC-2 VC-3 VC-4*
P P P _P
N C C C
P P P
P P P P_
P P P _P
A Iq A lq
P N P P
P N p N__
P N P __P
P N P P
P N P __P
A N N N
A N A _N
P P P P
A C A _C
A A A A
C N C N
A N N _N
P N P lq
C C C C
N N N _N
P N p N_
N N N _N
C N C N
Chapter II - Section II.3
EastLake II SPA Plans
Land Use
10. utilities, public and.private
11. Uses determined to be similar and
consistent with the purposes of this
chapter
Accessory Uses
1. Accessory structures and uses located
on the same site as a permitted use
2. Accessory structures and uses located
on the same site as a conditional use
Temporary Uses
1. Temporary uses as prescribed in Section
Land Use District
Vt-1 Vt-2 Vt-3 Vt-4*
P N P
C C C _C
P P P _P
A a A _A
*The VC-4 is a "Project Specific Land Use" district intended only to accommodate an
approximately 98,500 squareJoot Kohl's department store substantially similar retail operation as
Kohl's store located in Temeeula, California store (31870 Redhawk Parkway, Temecula California
92592), 16,800 square feet for retail shops and restaurants. The "Project Specific Land Use
District" will be in effect only until July 15, 2006 unless the following two requirements are met:
1)
commence construction of the Kohl's department store no later than July 15, 2005. For
purposes of this land use designation, "commence construction" means the date of
commencement of July 15, 2003 as set forth in a legally binding contract for the
construction of the Kohl's building and related site improvements which has been entered
into by Kohl's Department Stores; and
2) Kohl's deparlment store is open for business no later than July 15, 2006.
In the event that Kohl's has not commenced construction by July 15, 2005, the VC-4 "project
specific land use" designation will revert back to VC-2 land use district. Furthermore, in the
event that the Kohl's department store is not open for business by July 15, 2006, the VC-4
"project specific land use" designation will revert back to VC-2 land use district.
III.2
Property Development Standards: Village Center Districts
The property development standards that shall apply to all land and buildings
permitted in the Village Center Districts shall be those indicated on an
approved site plan submitted pursuant to Section 19.14.420 through Section
19.14.480 inclusive in Title 19 of the Chula Vista Municipal Code.
The following property development standards apply to all land and buildings
other than accessory buildings authorized in VC-I~ and VC-2, and VC-4
districts. Any legal lot may be used as a building site.
Chapter II - Section II.3
EastLake II SPA Plans
General Requirements
The following requirements are minimums unless otherwise stated:
VC-1 VC-2 VC-4
Setback from Otay Lakes Road* 50 feet 50 feet 50 feet
Setback from Fenton Avenue** NA 20 feet 20 feet
Setback from SR-125.* 50 feet NA NA
Setback from EastLake Parkway**** 30 feet 30 feet 30 feet
Building height, maximum*** 45 feet 45 feet 45 feet
* AS measured from edge of curb may be modified with approval of DRC.
** AS measured from right-of-way.
*** Architectural features may exceed height with Design Review Approval.
**** AS measured from R/W. May be modified with Design Review Approval.
Chapter II - Section II.3
EastLake II SPA Plans
For-thc purpos~ of promoting and protccting the public health, safety and welfare
of the people of the City of Chula Vista, to safeguard and enhance thc appearance
anO q~allty of development of EastLake lI, and to provide the social, physlcal
land resources, these Plarn~ed Co~unity bistrict Regulations defining land usc
districts and regulations within those ~istricts are hereby established and
adopted by the city Council.
1.1 Private Agreements
The provisions of this ordinance are mot intended to abrogate any easements,
covenants, or other existing agreements which are more restrictive than the
provisions of this ordinance_
1.2
Repeal of Conflicting Ordinances
Whenewe~ the provisions of this ordinance impose more restrictiwe regulations
upon constr~action or use of buildings or structures, or the use of lands or
premises thaa are imposed or required by other ordinances previously adopted, the
provisions of this ordinance or rules or regulations promulgated hereunder shall
Est~lis~ent of L~knd Use Districts
A. Division of EastLake II into Land Use Districts
In order to classify, regulate, restrict and separate the use of land,
buildings and structures, and to-regulate and limit the type, height and
bulk of buildings and structures in the various districts, and to regulate
the areas of yards and other open area abutting and between buildings and
structures, and to regulate the density of population, EastLake IX GnP is
hereby divided into the following Land Use Districts:
Residential Land Use Districts
RE-3 Residential Estate
RS-5 Residential Single Family
RS-7 Residential Single Family
RP-8 Residential Planned Development
RP-13 Residential Planned Development
RP-SL Residential Planned Development
RC-10 Residential Condominium
RC-15 Residential Condominium
RC-22 Residential Condominium
P34-25 Residential Multi-Family
RM-44 Residential Multi-Family
7123/02
73
VC- 1
VC- 2
VC-3
- vc-4
FC
PA
villa~qe Center and Conmaercial~band ~s~ Distr__icts
village'Center
village Center
village Cente~
villaqe Center
~re~way Commercial
professional and Administ~atiwe
Business__Center 'Land Use Districtg
BC-1 Business Center Manufacturing park
BC-2 Business Center Manufacturing service
BC-3 Corse District
~pec.ial ~urpose Land Use Districts
OS-1 Open Space
OS-2 Open Space
OS-3 Open Space
OS-4 Open Space
OS-5 Open Space
OS-6 Open Space
0S-7 Open Space
pQ-I Quasi_l~ublic Facilities
CPF Community p~rpose Facilities
Ado tion of Land Use Distric~ts - Map~
Said several Land Use Districts and boundaries of said Districts and each
of them hereby are established and adopted as shown, delineated and desig-
nated on the EastLake II planned Community District Regulations Land Use
Districts Map of the city of Chula vista, San Diego Co~mty, which map,
together with &ll notations, references, data, district boundaries and
other information thereon, is made a part hereof and adopted Concurrently
herewith-
~ilinq
The .original of. the EastLake II Planned Community District Regulations
Land Use District Map shall be kept on fil~ with the city Clerk and shall
constitute the original record- A copy o[ said Map shall also be filed
with the Planning Department-
Chanq~ to the Land Use. District Map
changes to the boundaries of the land use districts shall be made by
ordinance and shall be reflected on the EastLake II Planned Community
District Regulations Land Use District Map. Minor changes resulting from
the approval of a tract map may be made to the land use district map as an
administrative matter_
7/23/02
Chapter II - Section II.3
EastLake II SPA Plans
COUNCIL AGENDA STATEMENT
Item No.: I ;~
Meeting Date: 07/08/2003
ITEM TITLE: Public hearing: Precise Plan PCM-03-33, to establish development
standards in order to construct four detached condominiums on one
lot at 216, 218, 220 Davidson and 261 Twin Oaks in the R-3
Apartment Residential, Precise Plan, .qR3~22) Zone.
SUBMITTED BY: Director of Planning and BuildingS)
REVIEI~D BY: City Manager v(~ (~Sths Vote: Yes No )
The applicant, Harold D. West, is requesting a Precise Plan PCM-03-33, in order to
establish development standards in order to construct four detached condominiums on one
lot. Each unit would have a two-car garage and will be consh~ucted to match the historic
Victorian structure to the east of the site.
RECOMMENDATION:
Staff recommends that the City Council adopt the ordinance approving PCM-03-33.
BOARDS/COMMISSIONS RECOMMENDATION:
The applicant brought his proposal to the Design Review Committee for preliminary review
on February 17, 2003. At that time the members of the committee expressed concern with
the linear affect of the units, the reduction of setbacks and fence heights. To address the
concerns of the committee, the applicant revised his proposal to allow for more movement
of the buildings and variations of roof heights. The item was brought back to the Design
Review Committee for a public hearing on June 2, 2003. At that time, the Design Review
Committee found that the project conforms to the Design Guidelines of Chula Vista and
voted 5-0-0-0 to approve the site plan and architectural elevations for the project with a
limitation on wall and fence heights to 6 feet.
The item was then brought before the Planning Commission on June 25th, 2003 at which
time they voted 5-0-0-2 to recommend that City Council adopt the ordinance approving
PCM-03-33.
DISCUSSION:
1. Site Characteristics
The subject property currently consists of four dwelling units, three attached units and one
detached SFR on a 9,632 square foot lot. All of these units are proposed to be demolished.
Page 2, Item No.: /~
Meeting Date: 07/08/2003
The site is situated east of Third Avenue, west of Second Avenue and is bordered by F
Street to the north and G Street to the south.
2. General Plan, Zoning, and Land Use
The project is located in the R-3 - Apartment Residential Zone, with a Precise Plan (P)
Designation (R-322P) and has a General Plan Land Use Designation of Residential
Medium High (11 - 18 dwelling units per gross acre). The (P) designation allows for
discretionary approval of development standards and regulations that will allow
development within the zone that may not otherwise meet the standards of the underlying
zone. The proposed density is consistent with the Residential Medium High general plan
designation and lower than the 22 units per acre zone designation. Adjacent zoning and
land use include:
General Plan Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential, Medium-High R-3P22
Residential, Medium~High R-3P22
Residential, Medium-High R-3P22
Residential, Medium-High R-3P22
Residential, Medium-High R-3P22
Multi-family residential
Multi-family residential
Single-family residential
Single-family residential
Duplex/Residential
3. Proposal
The project consists of constructing 4 detached condominium units of varying sizes. Each
unit would have a two-car garage. The decorative facades, various roof pitches and the
asymmetrical architecture of each unit will be compatible with the Victorian home to the
east and the historic flair of downtown Chula Vista to the west. The project also proposes
patios and porches, which are important elements of Victorian architecture. However the
applicant is also proposing 7 - 8 feet wall enclosures which may deter from the overall open
design of Victorian subtypes and are inconsistent with the single-family residential allure of
the project. The applicant also proposes to utilize mature landscaping and will provide street
trees along the length of the project.
4. Analysis
The proposed project is an appropriate use for the 9,632-square-foot lot located in the R-
3P22 Zone, where, according to the Chula Vista Municipal Code, "The purpose of the R-3
zone is to provide appropriate locations where apartment house neighborhoods of varying
degrees of density may be established, maintained, and protected."
Section 19.56.041(C) states that a precise plan may be implemented if the basic underlying
or underlying zone regulations does not allow the property owner and/or the city
appropriate control or flexibility needed to achieve an efficient and proper relationship
among the uses allowed in the adjacent zones.
Page 3, Item No.: /~
Meeting Date: 07/05/2003
The applicant would like to develop an "upscale" condominium development that will be
compatible with the historic character of the surrounding area. In an effort to provide
relatively affordable single-family housing opportunities, the applicant has proposed this
condominium project with four detached units, each with an attached two-car garage.
However, the applicant is constrained by the development standards of the R-3 Zone. The
goal of the applicant is to retain the same number of existing housing units, while creating a
single - family allure. The requested deviations would provide the applicant an opportunity
to meet these goals and as well would enhance the public convenience and general welfare
of the community by providing quality housing opportunities. Further, the new project
would provide off-street parking that currently does not exist at 216,218, and 220 Davidson
and 261 Twin Oaks Avenue. The on-site provision of parking would help enhance the
character of the neighborhood and the public convenience of the community by alleviating
on-street parking that at times is impacted by events within the downtown area.
DEVELOPMENT STANDARD ALLOWED PROPOSED
Height 28 feet
Lot Coverage 50%
Setbacks:
Front (to garage) 22 feet
Units 1 & 4 = 24 ft 6 in.
Units 2 & 3 = 32 ft.*
44%
Unit 1 = 19 feet*
Unit 2 = 19 feet*
Unit 3 = 20 feet*
Unit 4 = 18 feet*
Rear 15 feet 3 feet 6 in*
Sides 5 feet (interior) 5 feet
10 feet (exterior) 10 feet
Parking 4 two-car garages' 4 two-car garages
*Requested flexibility from the R-3 zone per Sections 19.56.040 and 041 of
the Chula Vista Municipal Code.
The proposed use appears to meet the finding necessary to grant Precise Han, PCM-03-33:
That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The project has been evaluated in accordance with the goals and objectives of the
Chula Vista Municipal Code and the General Plan. By providing quality single-
family detached homes with adequate on-site parking the project will enhance the
quality of the neighborhood and will promote public convenience and the general
welfare of the community.
Page 4, Item No.: /~
Meeting Date: _07/08/2003
That such plan satisfies the principle for application of the P modifying
district as set forth in CVMC I9.56.041 (C).
The site is zoned R-3 with a Precise Plan modifier (R-3P22) and is subject to the
development standards of the R-3 zone. Deviations from the R3 standards are are
necessary to allow the development of the site with an efficient and functional use
that will have a proper relationship to adjacent uses and be compatible with the
historic character of the surrounding area.
That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the Precise Plan.
Development of the lot using the standards of the R-3 zone would limit the potential
to maximize the use of the site with four detached iingle-family residences that
would be more compatible with the neighborhood than attached units allowed by the
R-3 zone. As a result, the project has been designed with reduced setbacks and
heights that exceed the maximum allowed by the zone but at a density lower than
the 22 units per acre allowed by the zone designator (P22). These deviations are
warranted given the constraints to the site and the intent to maximize the use of the
property to provide quality housing in the western portion of Chula Vista.
The approval of this plan will conform to the General Plan and the adopted
policies of the City Of Chula Vista.
The project has been evaluated in accordance with the goals and objectives of
Chapter 1 (1-8) of General Plan Goal 3 which states "It is the goal of the city to
accommodate a full diversity of housing types, while maintaining an orientation to
detached single-family living." Further, Goal 3 states that it is an objective of the
City (Objective 11) to "assure that new development meets or exceeds a standard of
high quality planning and design.
5. Access/Circulation
Each unit will have a two-car garage that will be directly accessible from the frontage street.
No on-site vehicle circulation will result from this design. The proposed project will be
replacing four existing dwelling units and therefore will not result in a significant increase in
traffic.
6. Parking
The 4 two-car garages will meet the required parking for this project. The applicant has
requested a reduction of 2 to 4 feet from the 22-foot setback requirement for each of the two-
car garages. The reduced setback will still allow for on-site guest parking which will help
alleviate any parking impacts created from downtown activities and the surrounding area.
Page 5, Item No.: /,ff
Meeting Date: 07/08/2003
7. Landscaping
To help minimize the mass of the structures, this project will utilize mature landscaping. It
will also include shrubs, trees, and flowering plants throughout the site. To contribute to the
pedestrian appeal of the neighborhood, the applicant will also provide street trees along the
length of the project on Davidson and Twin Oaks. In addition, all landscaping will be
subject to the requirements of the City's Landscape Manual and will require review and
approval by the City's Landscape Planner. Prior to issuance of a building permit, an
irrigation and water management plan shall be submitted to the City Landscape Planner for
review and approval.
8. Trash Disposal/Recycling
The project proposes one trash storage unit per unit. The trash storage units will be fully
enclosed and easily accessible to each unit. The applicant must enter into a Recycling and
Solid Waste Plan with the City prior to final project approval.
9. Architecture
Monotonous linear elevations will be avoided by the various roof heights and styles of each
unit. The asymmetrical facades provide dimension and character to the project as well as to
the overall neighborhood. The architectural style complements the historic character of the
surrounding area.
The combination of both vertical and horizontal articulation of the rooflines and the use of
hips and gables lend to the Victorian charm and architecture.
Each of the proposed units would use color contrast and variation to enhance the
architectural elements of the project. A minimum of three colors will be used on each unit.
The use of material and color contrast will provide dimension and will complement the
architectural style of the project and the historic Victorian house to the east.
10. Walls & Fencing
The only unresolved issue from the applicant's perspective is the permitted height of the
walls proposed to enclose the private yard areas associated with each unit. The applicant,
Mr. West, desires to have walls up to 8 feet in height to provide added privacy for future
homeowners. Staff, the DRC and the Planning Commission have not accepted the
argument that walls that high are necessary to provide privacy and are more concerned with
the impacts such walls would have on adjacent properties or the public right-of-way.
Therefore the recommendation to the Council is to not allow the private walls to exceed the
6-foot height limit of the Zoning Ordinance.
Page 6, Item No.: /~
Meeting Date: 07/08/2003
CONCLUSION:
The high quality design of this project will enhance the public convenience and general
welfare of the surrounding neighborhood. Therefore, staff and the Planning Commission
recommendation requests that the City Council adopt the attached Ordinance approving
PCM-03-33, a Precise Plan to deviate from the development standards of the R3 Zone.
FISCAL IMPACT:
There will be no fiscal impact to the General Fund associated with this project. The
applicant will be responsible for all processing fees.
Attachments
1. Locator Map
2. Precise Plan Application
3. DRC Notice of Decision
4. Draft Planning Commission Minutes from 6/25/03
5. Planning Commission Resolution
6. Ordinance PCM-03-33
7. Color Elevations
J:\Plannmg\Lynnette\council\PCM-03-33 council agenda statement doc. doc
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C N=PUCA~T: HAROLD D. WEST PRECISE PLAN
PROJECT
~DRESS: 216-220 DAVIDSON STREET Request: Propos nga precise plan for demolition
SCALE: FILE NUMBER: of (4) units and construction of (4) single family
NORTH No Scale PCM-03-33 homes with enclosed 2 car garage.
j:\cherylc\locators\locators03\pcm03331.cdr 06.19.03 /~-7 ATTACHF1ENT [
276 Fourth Ay .e~,. ,ue ~ ,.
(619)691-5101 ;:,~' :
TYPE OF REVIEW REQUESTED,
Variance
{~gn Review
.., Development Processing
AppliCation Form -.Type A
:: ~ :-..,,~9~.~t,:Pooe One ~
No.: f'C-m-o3-~.~
APPLICANT INFORMATION
APl:ilc~ Name
,Appiicant A~ess
Architect~Agent
Am~ect/Agent
Phone No.
If app~cant Is not owner own~ autho~:~n
O Opflontopu~hase ~reqm~topmce~smquest See~t~e
on Page Two.
GENERAL PROJECT DESCRIPTION (for nH types) ·
General Descflpflon of Proposed Pm~ect
I~asarepms~-,;ailvealterzlgcla~~todiscusslNstxolect? ~P~' / I
SUBJECT PROPE~ RTY INFO~ RMATION for ali ' , '
RecJeve~prnenf Amo p
Plannea ~JorTTruJnlly pf c~)
14b
Is Iris In Ivlontgomery $.R?
CITY OF CHULA VISTA
Planning & Building Depazlment
276 Fourth 'Avenue
(619)691-5101
PROJECT (all types)
DeveloPment Processing
Application Form
Type of Use Propo~l
I~ReslOenfial l~]C°mm, nl~d. r-tother
Page Two
Case No.:
Lanc~scope Coverage [% of Lof] 'Z5 ~
Building Coverage (%of Lot) .. ~z~ q~
RESIDENTIAL PROJECT SUMMARY
Type of Dwelling Unit(s) ~- [ ~e~rtoA~ Number of Lots
No, of DwellingUnlts Proposed Exi~ing ~,-~. r~e
1BR ~
2BE ~-
3+BR '~
Tota~ ¥
~ensily [DUs/acreJ MaX~mum.:~,Buil,Cling Height Minimum Lot Size Average LOt
PufrJna SDace~; Total Off-street I Type of Parking Im~.e; w~ern~ cov~l
upe~ ~pa,ce De~c,,H.on [Acres each of ~rlvate, common, ~ ~, ncls~c~ng)
NON-RES~)ENTIAL PROJECT SLTMiVIARY
· ~ross Floor Neo (st] Proposed Ex~ng
Houm of Operation
BuilOing Heigl~t
Anticipated Total # Employees
Pa~ng Spaces Required
j# of StuOents/Chilclren (~
Mc~c # of Employees at any one ~me
Spaces ProviOed
Age Ot stuoents/cniiOieH
Type of parking (size]
~cmng copacny
I~int Applicant or Agent Name
Print Owner Name
Letter of owner consent moy be use~1 In lieu of slgnoture.
ATTACHMENT 2/2
Planning & Building Dejx~dment
Planning Division - Development Processing
276 Fourth Avenue, Chula Vista, CA 91910
PROJECT NAME:
APPLICANT NAME:
Application Appendix "A"
PROJECT DESCRIPTION AND JUSTIFICATION
Please describe fully the proposed project, any and all construction that may be accomplished
as a result of approval of this project and the project's benefits to yourself, the property, the
neighborhood and the City of Chula Vista. Include any details necessary to adequately explain
the scope and/or operation of the proposed project. You may include any background
information and supporting statements regarding the reasons for, or appropriateness of, the
application. Use an addendum sheet if necessary.
For all ConditiOnal Use Permits or Variances, please address the required 'Findings" as listed in
listed in the Application Procedural Guide.
Description & Justification.
WE ARE ASKING THE DESIGN REVIEW COMPri i ~ ~;~,; TO APPROVE THIS PROJECT THAT CONSISTS OF THREE SINGLE FAMILY
DETACHED HOMES.
THE SURROUNDING BUILDINGS CONSIST OF PAl HER HIGH DENSITY APARTMENT BUH.DINOS CONSTRUC IP.D IN THE 1960'S OR
SINGLE HOMES CONSTRUC r/fiD PRE 1960. MOST OF THE BUILDINGS ARE IN POOR COh'DmON.
THIS PARCEL IS ZONED R-3. IN THE PAST YEAR THERE WOULD HAVE BEEN A 6 UNIT (OR MORE) APARTMENT COMPLEX
BUILT ON THIS PARCEL.
SPACES EACH. ZONING CHANGES NOW CALL FOR.ONLY FOUR UNrrS TO BE BUILT ~ TWO OFF STREET PARKING
BUT INSTEAD OF THREE 2 BEDROOM APARTMENTS, WE ARE PROPOSING-, A CHANCE FOR FOUR FAM~ .'~'.q TO OWN THEIR
HOME. UNATTACHED FROM THEIR NEIGHBOR. THEY WILL BE RESI~NSIBLE FOR HOME OWNERS INSURANCE, PEST
CONTROL AND MAINTENANCE ON' THEIR OWN HOME. INCLUDED IN' THE CONDO AGREEMENT THERE WILL BE A LANDSCAPE,
MAIN rtflqANCE AGREEMENT. THEY WILL LrVE WITHIN WALKING DISTANCE OF SCHOOLS, SHOPPING, RESTAURANTS AND
WORK.
THESE HOMES WILL BE UPSCALE, AND TIM~ .~-~S IN DESIGN RATHER THAN ~y. INCLUDING FULLY LANDSCAPED AND
SPRINIo'.I~.I~ YARDS, STUCCO BLOCK FENCES BETWEEN PRIVATE YARDS, TWO CAR GARAGES. IN ADDITION TO TWO OFF
S T . CONCRETE COLUMNS, DECORATIVE POP OUT ARCttt rP_;cTURAL FEATURES ON THE STUCCO
EXi ~,IOR, CUSTOM CONCRETE DRIVEWAYS AND SIDEWALKS. THEY WILL BE THREE BEDROOM, THREE BATH HOMES, 1700
SQ FT EACH WITH aP, ANt l'~ COUN IP_~tTOPS, CERAMIC TILE FLOORS AND OTHER IN ! P_~IOR UPGRADES.
I AM HOPING THAT THIS PRO~ECT WIIZ SET A ~ IN THE AREA AND THAT OTHER PROPERTY OWNERS WILL DEVELOP
THEIR PROPERTY IN A SIMILAR WAY, HOPEFULLY, INCREASING THE CHANCES FOR A REVITAI .~.~ ) DOV~NTOWi~ C~
VISTA.
THIS PROJECT WILL USE A PRECISE PLAN TO GIVE THE PROJECT A MORE PLEASING AND AsTHETIC LOOK AND STILL GIVE
THE NEIOHBORINO PROPERTIES AMPLE ROOM-
WE ARE LOOKING FORWARD TO WORK]NO WITH THE PLANNING DEPARTMENT, ENGINP_,EI(ING DEPARTMENT AND BUn,DING
DEPARTMENT.
THIS PROJECT HAS BEEN APPROVED frHRU THE PRE-APPLICATION PROCESS ON JAN. 24. 2003~ BY THE BDILDINi';
DEPARTMENT. F1RE DEPARTMENT. ENGINEERING DEPARTMENT. ENVIRONMENTAL DEPARTMENT AND THE PLANNING
Appendix B
THE Cl'~, OF CHULA VISTA DISCLOSURE ST~,, EMENT
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 officio bodies. The following information must be disclosed:
1. Mst the names of all persons having financial interest in the property which is the subject of the
applicon;on or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
,,~,~ 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.
,~"~ any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
./~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 twel[,e months? Yes ~ No ~
If yes, please indicate person(s): ..
Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
/
Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councllmember in the current or preceding election period? Yes No ¢"'"'lf yes, state which
Councilmember(s):
Date:
AS N~.ESSARY)
I ' I / Signature ofcont~actor/applicant
Print or type name of contractor/applicant
ATTACHMENT 2/4
* Person i~ defined a~: "~l * * * · · * ·
ny indDidual, firm. copartnership, jomt venture, a~$ooualwn, social club. freatei'nal org~ion, corporation,
estate, tru. rt. receiver. ~3,ndicate. thi$ and any other county, city and country, city municipality; district, or other political zubdivi~ion, or any
CrlY OF
CHULA VISTA
Design Review Committee
NOTICE OF DECISION
On DRC-03-79; (Harold West)
216-220 Davidson Street/261 Twin Oaks
Notice is hereby given that the Design Review Committee has considered DRC-03-79 for
property located at 216-220 Davidson and 261 Twin Oaks. This is a request for a new
condominium project consisting of four detached condominiums each with a attached two car
gat'age.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project qualifies
for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines.
Thus no further environmental review is necessary.
The Design Review Committee, under the provisions of Section I9.14.582.I of the Chula Vista
Municipal Code, has conditionally approved said request based upon the following findings of
fhcts:
That the proposed development is consistent with the development regulations of
the R-3P-22 Zone.
The proposed development conforms with the development regulations of the R3P22
Zone to promote and encourage varying degrees of density and residential opportunities.
The project will provide adequate off-street parking with the conslzuction of 4 two-car
garages. The (P) modifier designation allows for flexibility of development standards
such area and yard requirements, such as, setbacks and building height limitations.
The design features of the proposed development are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and
Landscape Manual.
The project is consistent with the City Of Chula Vista Design Manual. The architecture
of the proposed project will be compatible with the character of the surrounding
neighborhood. The proposed project is in proportion to the scale of the surrounding area.
The proposed project will be harmonious in style, form, size, color and materials and will
meet the standards of quality which has been set by the surrounding development.
Approval of DRC-03-79 is conditioned upon the following:
Prior to the issuance of any permits required by the City of Chula Vista for the use of the
subject property in reliance upon this approval, the applicant shall satisfy the following
requirements:
ATTACHMENT 3
DRC- 03-79
Page 2
The property owner and the applicant shall execute this document by making a true
copy of this Notice of Decision and signing both this original notice and the copy on
the lines provided below, said execution indicating that the property owner and
applicant have each read, understood and agreed to the conditions contained herein,
and will implement same. Upon execution, the true copy with original signatures
shall be returned to the Planning Department. Failure to return the signed true copy
of this document prior to submittal for building permits to the Planning Department
shall indicate the property owner/applicant's desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approval.
Signature of property owner Date
216-220 Davidson/261 Twin Oaks
N/A N/A
Signature of Authorized Representative
Date
Planning and Building Department Conditions:
B.) The colors and materials specified on the building plans for all four units must be
consistent with the colors and materials shown on the site plan approved by the Design
Review Committee on June 2, 2003.
C.) The wall facing Twin Oaks shall line up with the entrance of Unit 2. All wall heights are
subject to the provisions of CVMC 19.58.150 and no fence or wall shall exceed 6 feet in
height.
D.) Planning Commission and City Council must approve precise Plan, PCM-03-33.
E.) Provide a detailed Planting and Irrigation plan for review- and approval by the Landscape
Planner.
F.) A Water Management Plan and a Fencing Plan shall be provided in conjunction with
Planting & Irrigation Plan.
G.) Lighting for the facility shown on the site plan shall be in conformance with Section
17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details
showing that the proposed lighting shall be shielded to remove any glare from adjacent
properties.
H.) Comply with all requirements of the Building Division including the following:
1) Obtain all necessary permits.
ATTACHMENT 3/2
DRC- 03-79
Page 3
2) Submit architectural plans for building permit review that are stamped and signed
by a licensed architect. Plans shall include a site plan and building elevations that
are consistent with this DRC approval.
3) Structural plans and calculations must be stamped and signed by a California
Registered Civil/Structural Engineer.
4) Project shall comply with 2001 Energy Requiremems
5) Project shall comply with 2001 CBC, CPC, CEC, and CMC
6) Openings are not permitted in walls less than 3 feet from assumed property lines
between buildings. Overhangs less than 3 feet from assumed property lines must
be heavy lumber construction or I hour rated.
I.)
A graffiti resistant treatment shall be specified for all wall and building surfaces. Tiffs
shall be noted for any building and wall plans and shall be reviewed and approved by the
Director of Planning & Building prior to the issuance of building permits. Additionally,
the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding
graffiti control.
J.)
All ground mounted utility appurtenances such as transformers, AC condensers, etc.,
shall be located out of public view and adequately screened through the use of a
combination of concrete or masonry walls, berming, and/or landscaping to the
satisfaction of the Director of Planning and Building.
J.) To determine water sufficiency for this project, a letter from the Chula Vista Fire
Department stating fire flow requirements must be submitted to Sweetwater Authority.
K.) The applicant shall pay all applicable school fees.
L.) The City of Chula Vista Recycling and Solid Waste Plan must be completed and
approved by the City's Special Operations Manager.
Engineering Department Conditions
M.)The applicant must comply with all conditions of the Engineering Department:
1.) A Tenative Parcel Map and Final Parcel Map shall be required in order to create
the four detached single family units (Condominium Map).
2.) The applicant shall pay all applicable development fees (i.e. sewer capacities fees,
traffic signal fees, and development impact fees.)
3.) Removal of existing driveways and replacement with sidewalk must be in
conformance with Chula Vista City Standards.
4.) Pack Acquisition and Development (PAD) fees will be required.
5.) Separate sewer lateral connections to the City Sewer System for each unit.
ATTACHMENT
DRC- 03-79
Page 4
6.) Installation of curb, gutter and sidewalk on Twin Oaks Avenue. Curb line shall
be 18 feet from centerline on Twin Oaks Avenue. Curb and sidewalk
improvements shall be transitioned to match existing improvements.
7.) Installation of one 100W HPSV Street Light at the southeast comer of Davidson
Slreet and Twin Oaks Avenue.
8.) Improvement plans prepared by a registered civil engineer shall be approved prior
to issuance of a construction permit.
Fire Department Conditions:
N.) Three story units will require 13D fire sprinkler systems installed. (Units #2 and #3)
O.) All units require smoke detectors in all bedrooms and hallways leading to bedrooms and
at top of stairs. All must be battery back up and interconnected.
P.) Sprinkler plans must be submitted and approved prior to issuance of building permits.
Q.) Final sprinkler and building inspection will be required prior to use or occupancy.
Police Department Conditions:
Plans for building permits shall note the following requirements of the Chula Vista Police
Department.
S.) If applicable, all management and employees are to complete training in the Crime Free
Multi-Housing Program.
T.) All living unit doors must be solid core doors with deadbolts, two-inch screws for
mounting deadbolt lock strike plates and peep holes with a minimum of 180 degree ranee
of view. ~
U.) Windows must meet AAMA Forced Entry Resistance Standards.
W.) Sliding glass doors must have Track or Channel Locks.
X.) All lighting must be break resistant/tamper proof fixtures.
Y.) A security survey may be performed by the Crime Prevention Unit.
II.
Prior to use or occupancy of the property in reliance on this approval, the following
requirements shall be met:
ATTACHMENT 3/4
DRC- 03-79
Page 5
Landscaping:
A.) All landscaping and hardscape improvements shall be installed in accordance with the
approved landscape plan and the comments of the City Landscape Planner.
Engineering:
B.) Construct the driveway approach per Chula Vista Construction Standard No. 1.
c.)
The project must comply with all the applicable provisions of the Model SUSMP for the
San Diego Region to the satisfaction of the City Engineer. The project shall incorporate
into the project planning and design effective post-construction Best Management
Practices and provide all the necessary studies and reports demonstrating compliance
with Model SUSMP and the requirements of the NPDES Mtmicipal Permit, Order
No.2001-01. The applicant is required to complete the applicable Storm Water
Management Forms (provided to applicant May 9, 2003). The applicant shall implement
a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
of any grading activities. A water quality study will be required to demonstrate
compliance with the requirements of the National Pollutant Discharge Elimination
System (NPDES) Construction and Municipal Permits, including Standard Urban Storm
Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements.
Fire Department:
D.) Final sprinkler and building inspection will be required.
III.
The following on-going conditions shall apply to the subject property as long as it relies
upon this approval.
A.) The site shall be developed and maintained in accordance with the approved plans dated
June 2, 2003.
B.) The property must be kept sanitary and litter free as per Chula Vista Municipal Code
8.24.060.
C.) Fire sprinkler system must be maintained.
D.) All trees and slu'ubbery are to be maintained. Trees are to be cleared up at least six feet
and shrubbery is to be cleared to three feet tall.
E.) The project must stay in compliance with the State mandate to reduce waste generated by
all residences and must comply with the Recycling and Solid Waste Plan filed with the
City of Chula Vista Manager of Special Operations office.
ATTACHMENT 3/5
DRC- 03-79
Page 6
F.) Approval of this request shall not waive compliance w/th all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
G.) This Design Review permit shall be subject to any and all new, modified, or deleted
conditions imposed after approval of this permit to advance a legitimate govermnental
interest related to health, safety, or welfare which the City shall impose after advance
written notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto. However, the City, in exercising this reserved right/condition,
may not impose a substantial expense or deprive Permittee of a substantial revenue
soume which the Permittee cannot, in the normal operation of the use permitted, be
expected to economically recover.
PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of June, 2003.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
John Schmitz, Zoning Administrator
Rosemarie Rice, Secretary
J:\Planning\Lynnette\administrative review\NOD\DRC-03-79 216 davidson NOD.doc
ATTACHMENT 3/6
Planning Commission Minutes
-2-
lune 25, 2003
2. PUBLIC HEARING:
PCM 03-33, Precise Plan to establish development standards in
order to construct four detached condominiums on one lot at
216, 218, 220 Davidson and 261 Twin Oaks in the R-3
Apartment Residential, Precise Plan (R3-P22) Zone. Applicant:
Harold D. West
Background: Lynette Tessitore-Lopez, Associate Planner reported that the project
consists of constructing 4 detached condominium units of.varying sizes, each having a
two-car garage. The project incorporates facades, various roof pitches, patios and
porches creating important elements of Victorian architecture, which will assimilate well
with the Victorian home to the east, and the historic flair of downtown Chula Vista to
the west.
The applicant is also proposing a 7 to 8 foot high wall enclosures, which may deter from
the overall open design of the Victorian style. Additionally, he is proposing utilizing
mature landscaping and will provide street trees along the length of the project..
The two-car garages will meet the required parking for this project and the provision of
on-site parking will help alleviate any parking impacts created from downtown activities.
The applicant has requested the following deviations from the 22 front yard setback
requirement:
· A three foot deviation for unit #1 and #2
· A two foot deviation for unit #3
· A four foot deviation for unit #4
The rear yard requirement is a minimum of 15 feet, and the applicant has requested a
minimum 3 feet 6 inches. The maximum height of the zone is 28 feet; the applicant is
proposing to exceed that height by 4 feet in unit #2 and #3.
The applicant has requested the deviations in order to maximize use based on the size
restrictions of the site, as well as to develop an upscale condominium project, while at
the same time creating a single family allure.
Perimeter fencing and on-site walls will be an important design component to this
project and, however, staff feels that exceeding the six foot height requirement, as
proposed by the applicant, would detract from the single family residential allure of this
project.
Staff Recommendation: That the Planning Commission recommend approval of the
Resolution, recommending that the City Council adopt the Ordinance approving PCM
03-33 to deviate from the development standards of the R-3 Zone and for wall and fence
heights not to exceed six feet.
Planning Commission Minutes - 3 - |une 25, 2003
Commission Discussion:
Commissioner Castaneda asked for further elaboration on the fencing material and what
is meant by "mature landscaping material".
Harold West, 145 Second Avenue, Chula Vista, CA, applicant, responded that they
would plant 30 inch box trees, and could possibly incorporate larger trees that would
require a crane to plant them, however, given the small area where the trees will be
planted, the 30-inch box trees would be more appropriate.
Cmr. Castaneda expressed his desire to ensure consistency in upholding development
standards for street frontage and design in terms of landscaping and hardscaping.
He further stated he was surprised to see that there appears to be no opposition from the
area residents in terms of opposing exceeding the height requirements.
Mr. West stated that they are also developing another project just down the street from
there (3 homes) and they have had very good response from the neighborhood. The
enhancements for the proposed project include widening the street by 3 feet and the
project also addresses the parking issue by providing on-site parking, therefore, it is no
surprise to him that there would be no neighborhood opposition.
Commissioner Hom inquired about the maintenance of the perimeter fence in terms of
graffiti eradication.
Mr. West responded that they are required to use graffiti resistant material for the
fencing.
Public Hearing Opened 6:50.
Harold West, 145 Second Avenue, Chula Vista, CA, applicant addressed the fence
height issue, indicating that because these units are small and don't have a big back yard,
in his opinion the least they ought to be able to offer the residents is a bit more privacy in
their yards. By raising the fence height, the yard is integrated more into part of the living
area by offering more privacy for jacuzzi's, patio furniture and outdoor cooking areas.
Public Hearing Closed 6:55.
The Commission felt they could support the project because it is well designed, fits in
with the character and vision set forth for that neighborhood, and there will be street
enhancements associated with the project..
MSC (Castaneda/Hom) (5-0-0-2) That the Planning Commission recommend approval
of the Resolution, recommending that the City Council adopt the Ordinance approving
PCM 03-33 to deviate from the development standards of the R-3 Zone and for wall
and fence heights not to exceed six feet. Motion carried.
RESOLUTION NO. PCM 03-33
RESOLUTION OF THE PLANNING COMMISSION OF THE
cITY OF CHULA VISTA RECOMMEDING THAT THE CITY
OF CHULA VISTA CITY COUNCIL APPROVE A PRECISE
PLAN (PCM-03-33) ALLOWING THE DEVELOPMENT OF
FOUR CONDOMINIUMS LOCATED AT 216, 218, 220
DAVIDSON AND 261 TWIN OAKS AVENUE IN THE
APARTMENT RESIDENTIONAL, PRECISE PLAN (R3-P22)
ZONE.
WHEREAS, a duly verified application for a Precise Plan was filed with the City of
Chula Vista Planning Department on April 1, 2003, by Harold D. West; and ·
WHEREAS, said applicant requests approval of a Precise Plan to allow for four detached
condominiums on one lot located in the Apartment Residential, Precise Plan (R3-P22) Zone; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has determined that the proposed project qualifies for a
Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines and thus
no further environmental review is necessary; and
WHEREAS, the Design Review Committee approved the design of said project at a
meeting on June 2, 2003.
WHEREAS, the Planning Director set the time and place for a hearing on said Precise
Plan and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners and residents
within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely June 25,
2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Precise Plan application, the Planning Commission voted
__ to recommend approval of the Precise Plan (PCM-03-33).
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached Ordinance approving Precise
Plan (PCM-03-33) in accordance with the findings and subject to the conditions contained
therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of June 2003, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
CORTES, HALL, CASTANEDA, HOM, FELBER
MADRID, O'NEILL
Russ Hall, Chair
ATTEST:
Diana Vargas, Secr~
JLPlannin gWlich ae BPCC Reports~PCM-03 - 15
ATTACHMENT 4/2
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING DEVELOPMENT
STANDARDS FOR PRECISE PLAN PCM-03-33 KNOWN AS
216, 218, 220 DAVDSON AND 261 TWIN OAKS AVENUE
CONSISTING OF 4 DETACHED CONDOMINUMS EACH
WITH A TWO-CAR GARAGE ON AN EXISITNG 9,632
SQUARE FOOT LOT.
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A' and incorporated herein by this reference, and for the purpose of
general description herein consists of 4 detached condominiums, each with an attached two-car
garage on an existing 9,632 square foot lot located at 216, 218, 220 Davidson and 261 Twin
Oaks Avenue ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on April 1, 2003, Harold D. West ("Applicant") filed a Precise Plan application
with the Planning and Building Department of the City of Chula Vista for a 4 unit condominum
project ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the Design Review Committee meeting was scheduled and advertised for June 2,
2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design
Review Committee found that the project conforms to the Design Guidelines of Chula Vista and
voted 5-0-0-0 to approve the site plan and architectural elevations for the project.
WHEREAS, the Planning Commission held an advertised public heating on the Project on June
25, 2003, and, after considering all reports, evidence and testimony presented, voted 5-0-0-2 to
recommend that the City Council adopt the ordinance approving the Project, in accordance with
the Development regulations shown in Exhibit "B" based on the findings listed below; and,
D. Planning Commission Record on Applications
WHEREAS, a duly called and noticed public heating on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
WHEREAS, the Planning Department set the time and place for a hearing on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the project, at least ten (10) days prior to the hearing; and,
Ordinance
Page 2
WHEREAS, The proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on June 25, 2003, and the minutes and resolution resulting
there from, are hereby incorporated into the record of this proceedings; and,
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, at the same City Council meeting at which this Ordinance was introduced on July 8,
2003, the City Council of the City Of Chula Vista considered the ordinance which included the
standards for a Precise Plan for 216, 218, and 220 Davidson and 261 Twin Oaks Avenue.
II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby find,
determine and ordain as follows:
CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project qualifies
for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines.
Thus no further environmental review is necessary.
A. PRECISE PLAN FINDINGS
That such use will not under the circumstances of the particular case be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The project has been evaluated in accordance with the goals and objectives of the Chula
Vista Municipal Code and the General Plan. By providing quality single-family detached
homes with adequate on-site parking the project will enhance the quality of the
neighborhood and will promote public convenience and the general welfare of the
community.
That such plan satisfies the principle for application of the P modifying district as set
forth in CVMC 19.56.041 (C).
The site is zoned R-3 with a Precise Plan modifier (R-3P22) and is subject to the
development standards of the R-3 zone. Deviations from the R3 standards are necessary
to allow the development of the site with an efficient and functional use that will have a
proper relationship to adjacent uses and be compatible with the historic character of the
surrounding area.
Ordinance
Page 3
That any exceptions granted which may deviate from the underlying zoning requirements
shall be warranted only when necessary to meet the purpose and application of the
Precise Plan.
Development of the lot using the development standards of the R-3 zone would limit the
potential to maximize the use of the site with four detached single-family residences that
would be more compatible with the neighborhood than attached units allowed by the R-3
zone. As a result, the project has been designed with reduced setbacks and heights that
exceed the maximum allowed by the zone but at a density lower than the 22 units per
acre allowed by the zone designator (P22). These deviations are warranted given the
constraints to the site and the intent to maximize the use of the property to provide quality
housing in the western portion of Chula Vista.
The approval of this plan will conform to the General Plan and the adopted policies of the
City Of Chula Vista.
The project has been evaluated in accordance with the goals and objectives of Chapter 1
(1-8) of the General Plan Goal 3 which states that "It is the goal of the city to
accommodate a fully diversity of housing types, while maintaining an orientation to
detached single-family living." Further, Goal 3 states that it is an objective of the City
(Objective 11) to "assure that new development meets or exceeds a standard of high
quality planning and design.
B. TERMS OF GRANT OF PRECISE PLAN
The City of Chula Vista hereby grants Precise Plan PCM-03-33 for project depiction in
Exhibit "A", and controlled by the Development Standards and Operational Standards in
Exhibit "B". and subject to the following conditions:
C. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that any one or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and
the permit shall be deemed to be automatically revoked and of no further force and effect
ab initio.
III. APPROVAL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan as depicted in Exhibit "A', and including
property Development Regulations and Operational Regulations for 216, 218, 220 Davidson and
261 Twin Oaks Avenue, as represented in Exhibit "B".
Ordinance
Page 4
IIII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Robert A. Leiter
Planning and Building Director
Appr..o.,ved as to fort? by
Ann't~vloore ~)
City Attorney
J:Attomey\Ordinance\pcm-03-33 ordinance
EXHIBIT "A"
Exhibit "B"
DEVELOPMENT AND OPERATIONAL STANDARDS
A. Development Standards
This exhibit details the specific development standards and regulations for the
development of four condominiums located on Parcel Number: 568-164-01-00, also
known as 216, 218, 220 Davidson and 261 Twin Oaks Avenue. This Precise Plan is
intended to work in conjunction with the development standards in the City of Chula
Vista's Zoning Ordinance (Title 19). Any information not shown within the Precise
Plan should be referenced in the Cits' of Chula Vista Municipal Code Chapter 19.28
Apartment Residential (R-3) zone.
Residential CR-3P22)
1. Allowed Uses
Allowed uses shall be those that are identified in the R-3 zone as permitted
uses, detached single-family units, accessory, uses and buildings and
conditional uses except: electrical substations and gas regulators.
2. Development Standards
The following development standards shall apply to all land and buildings
within the R-3 zoning district. Dimensions and standards sho~n in Table 1
are allowed. Where in conflict with the R-3 zone development standards, the
standards outlined in this Precise Plan take precedence; where a particular
item is not addressed in the Precise Plan, the R-3 zone development standards
shall be used. Where building setback, parking and open space requirements
are in conflict, the lot specific map (Exhibit "A") shall supercede the R-3 zone
requirements.
ATTACHMENT 5/5
Exhibit B, Page 2
TABLE 1
Precise Plan
Development Standard for 216-220 Davidson
and 261 Twin Oaks Avenue
Setbacks from Property Lines
Front yard (minimum) to Garage Unit 1 -19 feet
Unit 2 -19 feet
Unit 3-20 feet
Unit 4-18 feet
Side yard (minimum) 5 feet interior
10 feet exterior
Rear yard (minimum) 3 feet 6 in.
Maximum height Unit 1 and 4 =
24 feet 6 in.
Unit 2 and 3 =
32 feet
Parking 2-car
garages/unit
Fencing/Walls (maximum) 6 feet
Notes: Table 1 fig~ sed on the information provided on the approved Precise Plan
B. OPerational Standards
Any violations of the terms and conditions of these Standards shall be
pounds for revocation or modification of development permits.
This development permit shall become void and ineffective if not utilized
within one year from the effective date thereof, in accordance with Section
I9.14.260 of the Municipal Code. Failure to comply with any conditions
of approval shall cause this Ordinance to be reviewed by the City for
additional conditions or revocation.
3. Any deviation from the above noted conditions of approval shall require
approval fi.om the City Council.
The Applicant shall and does hereby agree to indemnify, protect, defend
and hold harmless the City, Redevelopment Agency, Council members, its
officers, employees and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court
ATTACHMENT 5/6
Exhibit B, Page 3
costs and attorney's fess (collectively, liabilities) incurred by the City
arising, directly or indirectly, fi.om (a) City's approval of the Precise Plan,
(b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Applicant's installation and operation of a
facility permitted hereby, including, without limitation, ant and all
liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. Developer shall acknowledge
their agreement to this provision by executing a copy of this Precise Plan
where indicated below. Developer compliance with this provision is an
express condition of this Precise Plan and this provision shall be binding
on any and all of applicant's/operator's successors and assigns.
The site shall be developed and maintained in accordance with the final
approved plans which will include revised site plans, architectural
elevations, exterior materials and color board, and landscape plans on file
in the Planning Division, the conditions contained herein, and the Chula
Vista General Plan.
Approval of this request shall not waive compliance with all sections of
Title 19 of the Municipal Code, and all other applicable City Ordinances
in effect at the time of building permit issuance.
This Precise Plan permit shall be subject to any and all new, modified or
deleted conditions imposed after approval of this permit to advance a
legitimate governmental interest related to health, safety or welfare which
the City shall impose after advance written notice to the Permittee and
after the City has given to the Permittee the tight to be heard with regard
thereto. However, the City, in exercising this reserved right/condition,
may not impose a substantial expense or deprive the Permittee of a
substantial revenue source which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover.
The Applicant shall be responsible for the building and landscaping
maintenance in accordance with the approved project and landscape plans
unless the Redevelopment Agency approves modifications.
ATTACHMENT 5/7
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Page 1 of2
J.e!ry!!in~on.e~__....
To: Tom Head
Subject: RE: Eastlake Rentals
". ..\
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02\1'\» 'Î c í
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Dear Mr. and Mrs. Head,
Thank you for your e-mailed letter in which you expressed your opposition to the
proposal for rental units in the Eastlake area. I will make a copy of your e-mail and
J'
place it in Deputy Mayor Rindone's inbox. He always appreciates and seriously
considers the input he receives from local residents.
He would also warmly thank you for your willingness to take an active part in our city's
future development by expressing your insights, comments, and opinions on this issue.
Sincerely,
Sandra Hodge
Aide
[Jerry Rindone] -----Original Message-----
From: Tom Head _ . . ,
Sent: Monday, July 07,20032:38 PM
To: spadilla@ci.chula-vista.ca.us; jri ndone@ci.chula-vista.ca.us; jmccan n@ici.chula-vista.ca.us;
pdavis@ci.chula-vista.ca.us; msalas@ci.chula-vista.ca.us
Subject: Eastlake Rentals
As an owner of a property in Eastlake, we wish to ask yþu to reject the proposed
changes requested by the developer to create Rental Ulnits in the proposed areas
to be discussed tonight. It is a direct opposite of their o~iginal marketing plan,
which was a prime reason for our purchase. Rental unitjs developed as part of this
community will do nothing to improve Chula Vista and ~an only add another
reason for us to distrust planned community developer~ and our local government
officials. Please do not allow this change. We have su~ported each of you on the
council, please support me on this issue.
Thank You,
7/7/2003
7/7/2003
Page 2 of2
Maureen & Tom Head
CONFIDENTIALITY NOTE
The content contained in this e-mail transmission is leg~lIy privileged and
confidential information intended only for the use of the Individual or entity named
herein. If the reader of this transmission is not the intended recipient, you are
hereby notified that any dissemination, distribution, or cøpying of this transmission
is strictly prohibited.
. 0 Upgrade Your Email - Click he~e! J
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Jerry Rindone
To:
Subject:
charitydonnell,
RE: Mayor & Council Contact Form
Dear Ms. Donnelly,
Thank you for your e-mailed letter in which you expressed your opposition to the proposed
Ranch Vista Apartments. Your comments and survey indicate that you support afforable
housing instead. I will make a copy of your e-mail and place it in Deputy Mayor Rindone's
inbox. He always appreciates and seriously considers the input Ihe receives from local
residents. In fact, Deputy Mayor Rindone was exceedingly impressed by the additional
effort that you expended to conduct that survey in front of Vons.
He truly appreciates your willingness to take an active part in lour city's future
development by expressing your insights, comments, and opinions ion this issue. Please
continue to share your thoughts and recommendations for this project as he examines and
serisously considers all viewpoints and ideas.
Sincerely,
Sandra Hodge
Aide to Deputy Mayor Rindone
Jerry Rindone
From:
Sent:
To:
Subject:
charitydonnell\.
Tuesday, July 01, 200311:18 PM
J Rindone@ci.chula-vista.ca.us
Mayor & Council Contact Form
The following information has been received:
First Name: Charity
Last Name: Donnelly
Email: charitydonnelly_
Message: To Whom It May Concern:
July 1, 2003
I am a resident of Eastlake and I would like to address the May~r and City
Council Members of Chula Vista regarding the proposed Ranch Vista
Apartments. I was very dismayed by the bias in favor of apartm$nts, which
was evident at the community meetings and at the affordable hou$ing tour.
I feel that apartments are not in line with the Eastlake community
residents know and love. One of the reasons we win the best community
award year after year is that Eastlake is a community where peoWle put
down roots, get to know their neighbors, and are involved in th$
community. Eastlake currently has no apartments and this is on$ aspect
which sets us apart from other communities in San Diego County.
I believe that the majority of Eastlake residents would prefer for sale
condominiums instead of for rent apartments. Since the City of,Chula
Vista is interested in finding out the community consensus on this issue I
polled 173 people in front of the Vons in the Eastlake Village yenter on
the evenings of June 30, 2003 & July 1, 2003. Out of 173 peopl$ polled
total, the overall response was overwhelming in that the majority, or 170
people polled, wanted to see condominiums built, 2 people polle~ preferred
apartments, and 1 person polled preferred neither.
There is an undeniable need for affordable housing and Eastlakeihas the
obligation to provide it but I feel that the community of Eastl~ke and the
city of Chula Vista would be best served by building affordable for sale
condominiums rather than by building for rent apartments. I woµld like to
submit that although there are currently affordable rent option$
throughout Chula Vista and San Diego County there are currently: no
affordable for sale housing options in San Diego County.
My husband and I were beneficiaries of the Antigua first time hpmebuyer
affordable housing project. We were one of the lucky 130 peopl~ out of
over 2,000 applicants, who were able to participate in this program. The
Antigua affordable housing project is unique in that it was a 'for sale'
opportunity for first time home-buyers whereas most affordable þousing
projects are rentals. We would like to see the City of Chula Vista
provide this opportunity to other low income and first time hom~buyers.
The need for affordable for-sale housing is evidenced by the nu~ber of
applicants for the Antigua development. I believe that the 10 vear equity
share plan with the City of Chula Vista would be beneficial becßuse if
residents sell within the first 10 years the equity is shared wRth the
City of Chula Vista and goes towards other affordable housing ptojects.
Chelsea Investment Corporation has a vested interest in seeing ~he
proposed site being developed as apartments, because they stand! to earn
management fees, whereas condominiums would be self-maintained through the
homeowner's association. Also the apartment proposal requires a City
contribution in excess of $150,000 which translates to increased cost to
taxpayers. As residents of Eastlake we hope the City of Chula Vista will
reconsider the apartments and instead approve the alternate proposed
condominiums.
1
Thank you for your time and consideration of this matter.
Charity Donnelly
=v,~ wa~uauv~ LUV~ ~u
I _ .~~~_, f ~~~~-
\ ~~.J I -=-''''>'':1 ..."..'~ ~
2
Jerry Rindone
Subject:
Bryan Felber I ~"'_".ww_. _.j
Thursday, July 03, 2003 8:37 AM .
i h ines@ci.chula-vista.ca.us; jmccann@ci.chula-vista.ca.usl spadilla@ci.chula-vista.ca.us;
j rindone@ci.chula-vista.ca.us; msalas@ci.chula-vista. ca. u~; pdavis@ci.chula-vista.ca.us
Eastlake Affordable Housing .
From:
Sent:
To:
Dear Ms. Hines, Mayor Padilla, and City Council Members,
We would like to thank the City for the solicitation of input f~orn
the community for the current affordable housing project in
Eastlake. We understand and support the need for affordable
housing. Unfortunately, we believe that the arguments or tactiqs
of some in the Eastlake community have made the community look
like elitists, NIMBYs, and has not put the best foot forward.
However, some of this may have come out of the fact that they f~lt
the City had not adequately informed them and solictied their
input. We'd like to offer our thoughts and preferences.
We believe that Chula Vista has an abundance of apartments that
are fairly affordable. The rents for a for-rent project in
Eastlake may be somewhat more affordable, but not significantly
so. With skyrocketing home prices, what we think Chula Vista, qnd
the County, are woefully lacking in is low income for-sale !
housing, the benefits of which are many. How in the world can d
young couple or low income person ever hope to get into the
housing market with such high prices? How will they ever build
the equity needed in order to improve their housing situation,
especially as their family grows?
As our three oldest children have grown older, (20, 18, and 16)
and come closer and closer to moving out on their own and
eventually starting their own families, we have been greatly
concerned that they will find it extremely difficult, if not
impossible, to be able to buy a home in the area. By the time
this project is built, one or both of our oldest may be looking
for a house. Both of them want to be Chula Vista firefighters.
Having affordable housing would allow them to live and work in
Chula Vista and might be affordable on a starting firefighter's
pay,
On the news the other night, they highlighted how the lack of
affordable for-sale housing in the County is forcing people to ~uy
homes in Mexico, where they can afford it. Why should people w~o
work here and want to live here be forced to buy a home in i
Mexico? This runs counter to the City's stated goal that it wa4ts
to bring business to the City so that people who live here will;
work here and spend their money here, thus making life easier f¢r
its citizens and increasing the City's revenues. I
i
We think the benefits of affordable home ownership and the ability
to help low income people through affordable for-sale housing f~r
outweigh that of low income rent projects. The chief benefit of
affordable low income for-sale housing is that a person can get
into the skyrocketing housing market, build equity (a share of
which goes to the City to help other people), and move up and o~t
as they can afford it with the equity they've built. There is '
also no doubt that those who own something usually take much i
greater care of it, especially if they know it will protect the'
appreciation of value.
A low income for-rent project holds many people down by keeping I
them in a perpetual cycle of renting since no value or equity i~
1 i
built. Many people find it hard to save money. Most low-income
renters benefiting from affordable housing will not set aside the
money they are saving in rent. This will happen in the same wa~
that many people use income tax withholding as a "¡avings"
account. Instead of properly figuring what their withholding
should be so that they neither pay a lot at tax time nor get baqk
a lot, but instead withhold as little as possible and save the !
difference of too high a withhold vs. adequate withold, So no
value, equity, or savings will result which will help them
eventually buy a house and build wealth.
Eastlake needs affordable housing, but we urge the City Council to
make it an affordable for-sale project. Thank you for your
consideration.
Sincerely,
Bryan & Denee' Felber
2
Jerry Rindone
To:
Subject:
1"-\"1'
~-
d "7
t'~ ) ~
..- -'
kmoffett~ _.I
. Low Income Housing in Eastlake
Dear Mr. and Mrs. Moffett,
Thank you for your e-mailed letter in which you expressed your support for the new low income
housing to be built in Eastlake. I made a copy of your e-mail and placed it in Deputy Mayor
Rindone's inbox. He always appreciates and seriously considers the input he receives from local
residents. In fact, I am sure he will appreciate your comments supporting the concept of home
ownership vs. renting.
Please feel free to continue to share your thoughts and recommendations for this project as he
examines and seriously considers all viewpoints and ideas.
Sincerely,
Sandra Hodge
Aide to Deputy Mayor Rindone
1
Page 1 of 1
Susan Tellez
From: kenneth moffett [ T _ 1
Sent: Wednesday, July 02,200312:22 PM
To: stellez@cLchula-vista.ca.us
Cc: Stelle
We are writing to express our strong support for the new low income housing to be built in Eastlake. Our feeling
is that these units should be for purchase concos and not rentals. Long term rentals will not really help anyone to
aspire to the American Dream of home ownership. Giving people a foothold and an equity stake in a dynamic
housing market will create long lastin benefit for this and future generations. It will help Eastlake remain a premier
community.
Sincerely,
Ken & Wendy Moffett
7/2/2003
.l
.J
t
}'
Jerry Rindone
To:
Subject:
JJVENNEBUSI _
RE: Mayor & Council Contact Form
Dear Mr. Vennebush,
Thank you for your e-mailed letter in whŸch you expressed your opposition to the proposed
Ranch Vista Apartments. I made a copy of your e-mail and placed it in Deputy Mayor
Rindone's inbox. He truly appreciates your willingness to take an active part in our
city's future development by expressing your insights, comments, and opinions on this
issue. Please continue to share your thoughts and recommendations as he examines and
seriously considers all viewpoints and ideas.
Sincerely,
Sandra Hodge
Aide to Deputy Mayor Rindone
-----Original Message-----
From: J JVENNEBUS.,L ~~". ..~
Sent: Tuesday, June 10, 2003 9:26 PM
To: JRindone@ci.chula-vista.ca.us
Subject: Mayor & Council Contact Form
_..M~.. ,,~m'
The following information has been received:
First Name: JAMES
Last Name: VENNEBUSH
Email: JJVENNEBUSH@COX.NET
Message: I'VE HEARD TALK OF A BULDING MORATORUM IN CHULA VISTA BUT NOW,
TODAY WE ARE HAVING A "TO OWN" PLANNED AREA IN EASTLAKE II THAT YOU WANT
TO CHANGE TO "TO RENT" AREA WITH IT'S INCREASED PROBLEM SUCH AS IN OTAY
RANCH AND RANCHO DEL REY. REMEMBER THAT YOUR VOTING BASE IS RESADENTS NOT
RENTERS.
1
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FACSIMILE TRANSMISSION
July g, 2003
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LA THAM&WATKI NSLLP
ity Mayor and Members of
ity CO\mcil
it ofChula Vista
Y. Moore
ity Attorney· City of Chula
ista
rlX: f619) 476-S379
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619) 409-5823
II: 619) 691-5044
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From: Christopher W. Garrett
lie: Rancho Vista Apartment Project at Eastlake, ChuJa Vista
o OrlglnllCs) u> fOU"" Number of I)8g-, Including cov.r: 3
Pleue see attaclJ.ed.
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July 8, 2003
VIA FACSTMTT E
David D, RowÙlnds, Jr.
City Manager
CityofChula Vista
276 Fourth Avenue.
Chula Vista, CA 91910
Re: Chelsea~ve~=~~ ~~artrn~h project At Eastlake In
Chura Vista: City Council Meet:in~ Of July 8. 2003 I
I
Dear Mr, Rowlands: t'
We IqIIe:!c:nl ChelsOli Investment Corporation, which has develo cd II.nd Iw all
discretionary approvals needed for the Rancho Vista Apartment Projcct t East1ake in Chula
Vista. !
!
Scheûuled before the City Council for its meeting on July 8. 200~ re Fdin!! this matter is
a recommendation from your sta1Ïto approve a City Council Rerolutionla¡ follow.;
"(2) APPROVING DEVELOPER REQUEST TO \VTIHDRA W ~PLICATION FOR
MUL TlFAMILY REVENUE BOl'o'DS FROM THE CALIFORNIA D~T LIMIT
ALLOCATION COMMITTEE (CDLAC), PRIOR TO JULY 9, 2003;" !
I
My client was shocked to discover that your staff had made this t=endation, after
:ny c1i~nt has already spent sllbstantialtimc and money obtaining all dis tionmy approvals fOT
Its proJcct.
This resolution should be rejccted for two key reasons, It is base~ upon both a serious
factual and a serious legal error on the part of your staff. I
First, there is no "Developer Request" :trom East1ake that this app ication be withdraWD
Chelsea has been working closely with EastJake, has a detailed contract .jth Eastlake, and has
never seen any request by Eastlake to the City to have this matter with . Chelsca is
developing this project and it has made no such withdrawal request. We urge you and your staff
to corrcct this serious facrual mistake, We can on1y assume that this fae a1 error is an attempt to
conceal the City staff's true motive for its recommendation,
SD'.J927~.1
FROM LATR~ & WATKINS ~~?
C....d FtowIand., Jr.
J",~ SO 2002
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Second, the City's attempt a1 this late date to withdraw its aJxeady appxoved application
for Chelsea's fIIlly entitled project would violate numerous provisioDS ofCalifomia Jaw,
includin¡ <'\I,ithout limitation) Government Code Section 65589.5 and 65589.8. Amon¡ other
things, Govemmcnt Code Section 65589.8 states that a city "shall permit" a developer to satisfy
its affordable housing requirements by "constructing rental housing at affordable monthly rents."
The City has absolutely no &ctual basis for dillllpproving thc Rancho Vista ApllI1mcnt Projec1, or
withdrø.wing its previoWlly approved application which the City knows is enentill! to the
construction and financing ofthe Project. The Rancho Vista Apartment Project complies with
every requirement and standard of the City of Chula Vista, The sole reason given for the
withdrawal is the erroneous factual statement that the developer has requested the withdrawal.
Additionally, there is absolutely no factual or legal bllSÎ!I for disapproving a rental project
in favor ofa for-sale project. Thc staff rcpon lists as the reason for the alleged "developer"
withdrawal a desire to go forward with a for-sale versus a rental project. For the City to take an
action on this basis, over the objection afChelsell, would be arbhrary and capricious and eJltirely
without evidentiary support. In addition, any such action by the City could ocJy be based on an
improper discriminatory animus against the portion of the population which can only afford to
live in ret1tal housing.
If the City Council takes this improper action to withdraw its application to provide the
essential financing for the project, my client will pursue all of its 1egal remedies against the City
for the lost value of this project.
Sincere!)',
{ftJ~MI. tt:¡ if
Christopher W. Garrett
of LATHAM & WATKJNS LLP
cc: City Attorney Ann Y. Moore
Mayor and Member¡¡ of the City Council
Jim Sohmid, Chelsea lDvestment Company
EastJake
SD'ùIU7Œ. }
Production of Housing Under the
City of Chula Vista
Balance Communities-Affordable Housing Program
(as of July 8, 2003)
DescriDtion Rental-Senions RentaJ.Familv For-8aie
1981-1998 Units Produced
Cordova Villaae 40
EastLake CameloWilla Martiniaue 114
Subtotal - 40 114
1999-2004 Units Produced
Villa Serena 132
Teresina at Lomas Verdes 88
Rollina Hills Garden 104
EastLake Greens Antiaua 130
Heritaae Town Center 91 180
Subtotal 327 268 130
1999-2004 Goals 460 130
Surolus/Deficit 135 -
TOTAL from 1981-2004 327 268 130
TOTAL from 1981-2004 for EastLake 0 0 244
Note:
This information has been prepared at the request of Councilmember Rindone with regard to the
Eastlake III Affordable Housing Program.
0'7/08/2003
15:03
CHELSEA INVESTMENTS ~ 16194765310
NO. 401 1>002
215 So Hwy 101, Ste. 200
Solana Beach, CA 92075
P 858.259.2624
F 858.259.2644
"
To: David Rowlands, Laurie Madigan
From: Jim Schmid, Wally Dieckmann
CC: Bill Ostrem
Date: July 8, 2003
Re: Rancho Vista
II
We have reviewed the results of the wort< done oller the last several months on the
Rancho Vista development. We have also spent many hours meeting with
community members and attended three public meetings and a bus tour of
affordable housing projects and have addressed neighbors' concems to the greatest
. extent possible. We have concluded that the project should proceed as a rental
project and that we have the legal right to do so.
Our reasons are as follows:
1. We have been engaged by the EastlaKe Company to develop an affordable
rental project that satisfies the affordable housing requirements of the City of
Chula Vista and the affordable housing obligations of Eastlake.
2_ Pursuant to our agreement with Eastlake, we designed the Rancho Vista project,
which has received unanimous approval of the City's Design Review Committee.
The project is fully entitled and ready for development.
3.. Rancho Vista was designed to address the most serious housing needs of the
community as articulated in the Housing Element of the Chula Vista Community
Plan. It comports exactly with the real needs of Chula Vista residents and the
adopted policy of the City. It will be affordable to families earning 50% to 60% of
Area Median Income or approximately $35,000 to $40,000.
4. In addition, the City has a Balanced Community policy.that requires the
development of housing suitable for a cross section of the community and both
rental and for-sale housing in all neighborhoods. There are currently NO
apartment communities in Eastlake, affordable or otherwise.
5. The Rancho Vista site is an ideal rental site-close to shopping, services,
recreation and transportation. Many residents of the project will fill the 750 retail
positions at the neighboring Wal-Mart and Home Depot stores that pay $7 to $10
per hour and that are being built immediately across Eastlake Parkway. This will
reduce workforce traffIC on Telegraph Canyon Road. .
6. Rancho Vista will save Chula Vista families over $1 million in rent payments each
year. Over the course of the 55 year term of the project, it will save its residents
,
'J?/0S/2003
15:03
CHELSEA INVESTMENTS ~ 16194765310
ND.401 ¡;¡003
over $60 million in today's dollars. This benefit will accrue to the City in about one
year.
7. Rancho VISta will have fewer impacts on the City than would a comparable For-
Sale project. Numerous studies and our experience indicate that rental projects
generate fewer residents, fewer children, and fewer cars than comparable For-
Sale projects.
8. As a rental project funded primarily by private investment, it will be carefully
managed to the highest industry standards. This will assure that the number of
residents and vehicles is strictly controlled and that the any tenants who do not
follow all applicable rules and regulations will be evicted. For legal and practical
reasons, condo projects are not and cannot be controlled in this way.
9. Rancho Vista will provide useful services for residents on site and free of charge.
These services include computer skills training, homework help and the like.
Comparable services would not likely be available at a for-sale project.
10. Our agreement with Eastlake also requires us to seek the best available financing
for the project in order to minimiz:e the cost to Eastlake. Pursuant to our
agreement, we requested the City to apply for bond cap authority from the
California Debt Limit AI.location Committee. It has done so for most or all of the
inclusíonary projects developed in the City. The City unanimously approved this
request on April 8, 2003 and thereafter submitted the bond cap application to
CDLAC.
;
~ ¡
11. The staff of the Califomia Debt Limit Allocation Committee recommended that the
Agency authorize the City to issue bonds to finance Rancho Vista. The Agency
will do so tomorrow unless the City takes the unprecedented step of withdrawing
Its application. We strongly oppose and object to withdrawal of the application.
12. After the City approved submittal of an application for authoñty to issue bonds to
finance the project, we also applied for and received a reservation of over $9
million of federal tax credits from the California Tax Credit Allocation Committee.
This application was submitted in reliance on the City's submission of an
application for authority to issue bonds and pursuant to our obligations under our
agreement with Eastlake.
13. Subject to the approval of the Debt Limit Allocation Committee tomolTow,
financing for the project is 100% committed - $11 million of tax-exempt bond
financing, $1.5 million of Redevelopment Agency Funds, more than $7 million of
investor funds and $1 million of developer equity.
14. Red Capital Group, a subsidiary of Provi:ient Bank, has provided written
commitments to provide $7.3 of equity for the project and to place $11.7 million of
bonds.
. Page 2
07/08/2003
15:03
CHELSEA INVESTMENTS ~ 16194765310
NO.401 Gl004'
15. If the City withdraws its application for authority to issue bonds and if the project
were subsequently developed as a rental project, prevailing wage requirements
would apply to the construction work. We are currently constructing two
comparable projects that are subject to prevailing wage requirements. We
estimate that the cost Increase from the application of prevailing wages at
Rancho Vista would be approximately $1.100,000.
16. We have expended over $200.000 in third party cos1s in preparing the plans and
specs for the approved project. and devoted very significant corporate resources
to obtain DRC approval, the bond cap alloCation and tax credit allocation. These
costs were incurred in good faith and in reliance on the support of the City and its
staff for the project and much of the cos1s were incurred after the unanimous
approval of the Redevelopment Agency and Housing Authority of the application
for bond cap and of the loan commitment from the Agency. It is unfair and
unreasonable for the City to withdraw its application for bond cap allocation and
terminate the project at this juncture.
17. We have an agreement with Easttake to develop an affordable housing project
We believe that we have performed that agreement in designing the project,
obtaining DRC approval. obtaining a loan commitment from the City, obtaining a
reservation of tax credits from the Tax Credit Allocation Agency. and applying for
private activity bond authority from the Debt Limit Allocation Committee. Eastlake
has the right to terminate our agreement under certain limited circumstances "if
the City of Chula Vista determines that a for-sale project is preferred." We
believe that the approval of the project by the Design Review Committee. the
approval of a loan by the Redevelopment Agency, and the approval of the
submission of a request for bond cap allocation by the City Council sitting as the
Housing Authority all evidence the City's approval of Rancho Vista as a rental
project and militate in favor of the City proceeding with the Rancho Vista rental
project.
18. We believe that the City is aware of our agreement with EasUake pursuant to
which EasUake has a duty to support the Rancho Vista rental project as we
proposed It; we want to reiterate this fact to the City. We request that the City be
mindful of this fact to the extent that any representatives of the City are
pressuring or influencing Eastlake to propose an altemative project at this late
juncture.
19. We strongly object to the contents of the Staff Report. It also states that both
Rancho Vista and the for-sale "altematÎlle are consistent with the CIty's Housing
Element and the developer's obligation...." No alternative proposal exists, sO it
can hardly be said to be consistent with the City policy or Eastlake's obligations.
Indeed. the City does not even have a policy for how master developers like
Eastlake can satisfy their affordable housing obligations by means of for-sale
developments. During the course of the public meeting in Eastlake the Staff
represented that the City would not replicate the Antigua policy which permitted
unrestricted resale of the affordable units without any profits recapture by the
,
I'
~ I
I
. Page 3
G7/08/2Ø03
15:03
CHELSEA INVESTMENTS ~ 16194765310
NO. 401 ¡;¡ØØ5
City. staff also represented that it was considering adapting the policies and
procedures of the First Time Home Buyers program for use In the inclusionary
housing program. That may be a good start, but the Council should clearly be
advised that no policy currently exists for for-sale projects and that the process of
developing one is likely to be long, complex and difficult. Thus. the choìce before
the Council is not between a for-rent and a for sale project. Rather, it is a choice
between a well-defined rental project that will be owned and operated under a
sophisticated protocol that protects the interests of the City and a speculative for-
sale project whose ownership and operating guidelines have yet to be
established. If the City wants to encourage master developers to develop for-sale
projects, it should first adopt and promulgate the operating protocol for for-sale
projects.
20. The Staff Report characterizes the so-called altemative as "the Developer is
considering ... converting the project to an affordable for-sale condominium" and
"the Developer's request to withdraw the CDLAC application...." Under our
agreement with Eastlake it could not propose or advocate an altemative
development at this late date. Rather, Eastlake has confirmed to us that if the
Council approves proceeding with Rancho Vista it will fully cooperate with our
work. to develop the project. We think it is imperative that the Staff Report be
corrected on these critical points.
21. Since there Is no "alternative proposar to Rancho Vista, the decision facing the
City Council If very straightforward: to proceed with the Rancho Vista
development or to terminate it.
In conclusion, we believe that there are compelling factual, equitable, legal, and
contractual reasons to proceed with the Rancho Vista project. It wìll clearly provide
the housing most needed by Chula Vista families. It is opposed by a small number of
NIMBYs who are opposed to it solely because of its location. We respectfully
request that the City not withdraw its application for bond financing and strongly urge
the City to proceed with the project.
Please distribute this memo to the Mayor and all members of the Council.
Thank you.
. Page 4
7-08-2003 11 o25AM
FROM SO ADVOCATES 619 233 4828
P.l
Fax Cover Sheet
Name:
cc:
Organization:
Fax:
Date:
Subject:
Pages:
o Urgent
Comments:
Mayor Padilla, City Council/Manager/Attorney/Clerk
William Ostrem
City of Chula Vista
EastlakeCo.
(619) 476-5379; (619) 585-5774
(619) 421-1830
July 8, 2003
Rancho Vista-Special Agenda Item #3
4, including cover sheet.
D Reply ~SAP D Please Comment D For Your Records
If you have any questions or concerns, please call. Otherwise,
please distribute and include the attached in the record for
tonight's hearing. Thank you.
From the dO$!( of...
Catherine A. Rodman
San Diego Advocates for Social Justice
303 A Street, Suite 310
San Diego, CA 92101
(619) 233-8474/8441, ex!. 14
Fax: (619) 2334828
Confidentiality Notice
This communication is ONLY for the peison(s) named above. Unless otherwise indicated, it contains
Information that is confidential, prîvileged, or exempt form disclosure under applicable laws. If you are
not the person named above, or responsible for delivering facsimiles to that person, be aware that
disclsl.lre, copying, distribution or use ofthis communication Is strictly PROHIBITED. If you received
this facsimile in elTOr. or are uncertain as to its proper handling, please notify the sender by telephone
and facsimile, and mail the original and any copies to uS at the above address. Thank you.
I
:.)V'--¿?
f)J--l-' /1 , 0
e\(\\ . '1 '" I
Jerry Rindone
To:
Subject:
Peter Watry
RE: Rancho Vista Apartments
Dear Mr. Watry,
Thank you for your e-mailed note and the letter that you delivered to my office in
which you expressed your support for the rental units and opposed staff's recommendation
to withdraw the "Rancho Vista Apartments at Eastlake" project. As you can imagine, this
issue has generated a tremendous amount of public input, especially from Eastlake
residents. I have received numerous e-rnails as well as letters from individuals who
support the concept of rentals as well as from those who do not.
As you know, I highly value your opinion, and I especially appreciate the six
reasons that you provided, outlining specifically why you are in support of the rental
project. Please be assured that I will seriously consider and examine you viewpoint and
ideas. As always, it is a pleasure to work with you.
Sincerely,
Jerry R. Rindone
Deputy Mayor
jr:sh
-----Original Message-----
From: Peter Watry [mu.':'l~ ~ . ~ I]
Sent: Monday, July 07, 2003 3:03 PM
To: spadilla@ci.chula-vista.ca.us; msalas@ci.chula-vista.ca.us;
pdavis@ci.chula-vista.ca.us; jrindone@ci.chula-vista.ca.us
Subject: Rancho Vista Apartments
re: Item #3 on the July 8 Redevelopment Agency agenda -- I urge you to
REJECT staff's recommendation on Rancho Vista Apartments at EastLake and
instead to APPROVE the project as is. I handed in a letter to you of
explanation today and I hope that you have the opportunity to read it.
Peter Watry
1
July 7, 2003
,JUL
7 2003
TO: Councilman Jerry Rindone
FROM: Peter Watry
81 Second A venue
Chula Vista, CA
--,
._-._~-,-'
re: Item #3 on the July 8 Redevelopment Agency agenda
Dear COIBIcilman Rindone:
I urge you to RE1ECT staIrs recommendation to withdraw the "Rancho Vista Apartments at
Ea~tLake" project I urge you to APPROVE the Rancho Vista project as is. for the following reasons:
1) The project has all the approvals necessary both in tenus of financing and in terms of the City's
approval process. As I understand it, it is re;.1dy to go.
2) I am told that EastLake has built some 6,000 residential units so far and ZERO rental units. The
goal has always been to provide balanced housing oppmunities thm1.Iehout the City. and oot just 011 the
poorer west side. This is an out.'¡tanding project and it is all ready to go. It meets ALL of the housing
requirements forChula Vista.
3) This managed rental project would provide affonJable units for decades to come, NOT to just the
FIRST -TIME buyer. Under the "for salè' scheme, which all have been up to now, they become
'mmiœt-rate' units in a marmer of a few ye.."\rs.
4) These rental units will be managed - no doubling-up, no excessive behavior, etc. Under the "for
sale" scheme, doubling-up may occur in any unit, many' will become unmanaged rental units, all
resulting in more cars and more students and more problems than a managed rental project
5) I am alarmed that the Oly Manager h.."\S .....dœn control of this policy matter. This should have
been a Council decision.
6) It is the right thing to do. I attended the third community meeting at EastLake High School on
July 2 and I was ashamed for Chula Vista at the things that were said about people less fortunate than
those in attendance. It was da.'IS warfare at its ugliest. It is the right thing and the moral thing to approve
the R.'Ulcho Vista project Please do.
Sincerely,
JL1.-æ--æø3 11: 3Ø
RED CAP !TAL. SAN D: EGO
6194710123 P.ø:
"...w _...,.......... ...-.....__, ..._.
402 W, Broadway. Su"e 2020
Sin Diego, CA ¡r.¡101
Phone: (619) 471-0110
Facalmll.: (619)471.0123
tt&.Qe;:
F ~CSIMILE COVER SHEET
Sent:
Time:
July 8. 2003
11:31 AM
TO:
Mayor and City Council
Fax: 619-476-5379
FROM:
Elizabeth Bluhm
Evan Becker
Fax: (619) 471-0123
Pages including cover: 2
Message:
0UI..-
':J nr,"''''
:j ¿11";:;
_._-~
NCTE: Ifyouex¡ølenC9dllllculty_glh~ FAX, OI_ClII1619)471o()110 ,ndaskfor: MIOJI McCann
Th" infcm¡alian contained In thl. fJosj""INI rneesage i. p,Mlaged and confidonlial intannalior, :nlended 1c11he U" of lhalndiYldu~ or .nø¡y named aboVe. If
In. reader of 1111. "',0_' i. rot the inllndod rodpi!nl. or the .m~loyee or &gem responslbie II> delivar it 10 the In1lSnded recì;ien!, YCIJ Ire hereby nolffied thot
en:' dlesemlnelian, distribution or copying of 111;' communialion i. &1ricIIy proh\l:jled, If you hi" recei,ed thit f.. In error. pi.... im"""¡ateiy n04lfy u. by
II!I!I'hcre, Ind ~m the o~nel message It u. al the abo'le addrees ~a U.$, POIIaI SerIbo.
.rLl.-eB-æ03 11: 31
RED CAPITAL, SAN D:EGO
6194710123
P.02
tÞßfBs:
Iled Capital Marke", I¡¡ç.
402 Wcst Broad....y. Suite 2020
S&I1 Die~ CBlifarma 92101·3542
tel: 619.471.0110
tJ1t/)fJ).,..dc4þÙal""..p.tom
A Pr£Nidin1 ~rllnclal G~P cø;';~ï~y
July 8, 2003
Mayor iDd City Council
City of Chu1a Viala
276 Founb A vell\le
Chula Vilta, CA 91910
Dear Mayor me! C01IDciimcmbers:
We ur¡e yo\! to continue IDOviJlg ahead with tbI! proposed Rancho Viata oHordable ml1aI houaing in
Eastlake,
A£ 1he provider of nelltly 520 million in debt and equity fUllJ1CÍn¡ oommitnu:nts for !he project, we have ·
butim:l1 intereSt in Ibis maUel'; ..e allO have a persaaBl irlœrm, u local ø:rea recldeDIs with aeute
awareness of the area'l overall housin¡ neetls, In baving rhis option understood lIS a aound çboi.e for tho
City. Roc! Capital GrO\l > has financed many such ~o¡opments aeross !be coUDify, mcluðiJ18 tho.e of
Cholaoa Inve_ Corporation. Buoò on our experieDce with bood and tax·credit ftœnoed aportmcnt
properties and with C1IeLsol IS devcloper, we can attest that Rancho Viala is a well COJIeoivoc! and ..ell
desi¡nod projoct omi a doservm¡ of your foUow-through on the approvals omi .upport the City COUDCiI
gmmed previously.
Tho community roaidenls loamed first-hand in tbeù'recent workshop' ami tour that bncho Vista will be
housing they can be prou:l of IttnctiVC housIn¡ that will.orve the workin¡ poople of Eaatlako. We
appreçiate tho need 10 be sensitive to the c:ommunity', conce",' and to keep the colllD1UDity informed. As a
City COW1Cil, you have been responsive tIJ tbeoe needs, wlille also actin¡ in a way consistent with your
hou.sing mandate. which make affordable rental bousiD¡ a hi¡!¡ priority.
lW1cho Vista is equal in quality to Iffordable fo,-sale prod\lct, offen more .._ 1<me-term !DBDI Iement
and. IDOIt importmtly, mucl1 ~ atrordabil!ty. Since aD affordable bomeownmbip development
slready exislS jn l!ut1ake, the suggestion that this alu:maûve needs further otud,y is Puzdin&, especially
.¡nee it i. It the oxpeme of losing a ai¡aificBnt competitive bani! allocation award. A Iaat·minutc
withd:awal of a succes.fu1 bond allocltion appliosdon for an approv.d project may nol entail formal
.anctitJD8, but it dae8110t pUt the developer, our comp&l1Y or !be City in a favorable lì¡¡hl
PI.... support IlK: development of Rancho Vis1z and allow the City 10 take advama¡e of the .ubl"",tiaI
capital !bat tbo State aDd private illYestar' are wi11ing 10 ÌI1vesl jn the community. Plea.. feel !r.e to caU on
.ither of \IS should you h.~ question.< ~gardI.o.g Red Capital's role in Rancho Vista.
Bv"" B. Becke¡
Director
MOtI"Ib8~ II.¿.I,sD/SIPC
TOTAL P.Ø2
Page 1 of 1
,~
,
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.Jer~ Rindone ._
From: Na';azaf,ól'"
Sent: Monday, JùYy 07, 20Ô3 12:21 AM
To: Lhines@ci.chula-vista.ca.us
Cc: spadilla@ci.chula-vista.ca.us; pdavis@ci.chula-vista.ca.us; msalas@ci.chula-vista.ca.us;
jrindone@ci,chula-vista.ca.us; jmccann@ci.chula-vista.ca.us; Lmadigan@ci.chula-vista.ca.us
Subject: Input on Rancho Vista Apartments
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Hi Leilani!
I wanted to get my 2 cents worth in per your request for input from al! attendee's after Wed. night's meeting,
despite the UT article that a delay on the vote for the Rancho Vista Apartments is probable with Rowlands
recommendation (my feeling is that the City has gone through the necessary process and the vote should not
be delayed any longer.
I am definet!y supportive of the managed Rancho Vista Apartments at Eastlake. This does not mean I do not
support affordable for-sale units which there is also a need for, however, that is not the point in this case. The
fact of the matter is there is a dire need for affordable rental housing in Chula Vista, particularly in the
eastside. The westside houses the vast majority of rentals and Eastlake currently has no rental apartments
which are necessary to maintain a "balanced community" throughout Chula Vista. A family or individual who
cannot yet afford to "buy" a home in Eastlake (or a retired senior citizen) should not be denied the opportunity
to rent there and enjoy the amenities and/or schools of a newer community. TOe Citvshould 1J.0t allow
Eastlake residents who expressed opinions that dearly smacked of classism and even hints of rç¡cism diçtate
who has.ç¡IighUo live in the lJ.eighbQrhood! I was saddened but unfortunately not surprised by some of the
statements made.
Also for your information, South Bay Forum is holding its general meeting Monday night (tomorrow) and I plan
to bring this issue up at which time I'm going to ask for a vote supporting Rancho Vista, a quality plan. I am
looking forward to your informational presentation on affordable housing to our membership at a later date
(before you deliver the twins!) so we may all better understand and support the City in these matters. I'll get
back to you on the date. Meanwhile, please let me know how else I can help.
Norma Cazares
7/7/2003
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CHUlA VISTA
JERRY R. RINDONE
DEPUTY MAYOR
July 7, 2003
Oscar Alva
2386 Forest Oaks Drive
Chula Vista, Ca 91910
Re: Rancho Vista Project
Dear Mr. Alva,
1 wanted to personally thank you for your faxed letter in which you expressed
your support for the Rancho Vista Project on Eastlake Parkway. As you can imagine,
this particular issue has generated a great deal of public input, especially from Eastlake
residents. I have personally received several letters, e-mails, phone messages and faxed
letters regarding this particular issue.
I truly appreciate your willingness to take an active role in our city's future
development by expressing your insights, comments and opinions on this subject.
Inasmuch as I examine and seriously consider all viewpoints and ideas, I encourage you
to continue to share your thoughts and recommendations.
Sincerely,
-A. ~~~
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691·5044' FAX (619) 476-5379
irindone(â)ci.chula~vista.ca.us
~7!~312~~3 1~:23 6197187545
CHAPINKARPINSUP~CE
PAGE ~ll~l
July 2, 2003
n· i~~ ~ ,.~ ¡Æ Ü W] lE -llì', I
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iU Ij JUL 3 2003 ;U¿!
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L-_____--'
COUI'jC¡L CiFFiCëS
CH,Ji_A \'lST/\. :.>,
2386 Fórest Oaks Drive
Chula Vista, CA 91915
Mayor Steve Padilla / (:,''':1 ¿-h.f+
Members of the Chula VIsta City Coundl
276 Fourth Avenue
Chura VIsta, CA 91910
Dear Mayor Padilla and Members of the Chula VISta CIty Council:
We are long time residents of Chula Vista. We currently own a home In Eastlake
where we reside w1th our two children.
We have recently leamed of the opposition regarding the RanchO Vista project
on Eastlalœ PlIrkway. We want yoo to know that we are both st('ongly In favor of
the project and want you to approve It. We believe that Eastlaké should have
some atrordable apartments and thai: the site where It wiD be Ioœted will be
Ideal for housing for employees of the new Wal-Mart and Home Pepot stDres
that will be opening in Eastlake. Furthermore, It dIsturbs me that there Is
opposition to this project. How can we question the effOrts of the Citv of Chula
VIsta and the developers for providing affordable housing to Pro$pective
residents who otherwise lire unable to purc:hæe a home, esped¡j 1y during these
times of ever-Increasing housing prices.
I applaud the ChlJla VIsta CIty Coundl for their hard wori< and diligence for
addressing the needs of 1111 Its constituents within the community.
We strongly support the Rancho Vista project and request that you give your
final approval.
Thank you for your consideration.
Sincerely yours,
-.
fß-. --z. ~
Oscar Alva
dZ-1?A :Htrn ,tf -:::3
Chelsea Invesùnent Corporation has proposed the development of 150 low income
apartment units across fÌ'Om the Antigua Condominium development on Eastlake
Parkway, and southwest ofEastlake Greens. The city ofChula Vista is seeking the input
of the residents on an alternate proposed development that would otTer the units as
affordable condominiums similar to the Antigua development. What type of residence
would you like to see built on the proposed site?
Name Address
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Chelsea Investment Corporation has proposed the development of 150 low income
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Parkway, and southwest ofEast1ake Greens. The city ofChula Vi$ is seeking the input
of the residents on an alternate proposed development that would offer the units as
affordable condominiums similar to the Antigua development. What type of residence
would you like to see built on the proposed site?
Name , Address
1 JIVIa.r-1L J' /I L ./1__
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Chelsea Investment Corporation has proposed the development of 1 SO low income
apartment units across fÌ'om the Antigua Condominiwn developmelllt on Eastlake
Parkway, and southwest ofEastlake Greens. The city of Chula Vist¡l is seeking the input
of the residents on an alternate proposed development that would ojIer the units as
affordable condominiwns similar to the Antigua development. W1u 't type of residence
would you like to see built on the proposed site?
Name Address
1 ~"y,\-u lìo\'\I't'\,·I~ì·~ ,.~Ç((V,A
2 77'¡7'vJJ:' I".IL.., e;rrt'í A./.
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Chelsea Investment Corporation has proposed the development of 150 low income
apartment units across from the Antigua Condominium developmen on Eastlake
Parkway, and southwest of Eastlake Greens. The city ofChula VÌSúI is seeking the input
of the residents on an alternate proposed development that would of er the units as
affordable condominiums similar to the Antigua development. Wha type of residence
would you like to see built on the proposèd site?
Name' Address Condominiums
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Chelsea Investment Corporation has proposed the development of 150 low income
apartment units across from the Antigua Condominium developme t on Eastlake
Parkway, and southwest ofEastlake Greens. The city ofChula Vi is seeking the input
of the residents on an alternate proposed development that would 0 er the units as
affordable condominiums similar to the Antigua development. t type of residence
would you like to see built on the proposed site?
Name Address Condominiums A 6rtments ~
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AFFORDABLE RENTAL HOUSING
Pros
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Jerry Rindone
To:
Subject:
bcfelbe, .ä II. I
RE: Eastlake Affordable Housing
Dear Mr. and Mrs. Felber,
Thank you for your e-rnailed letler in which you expressed your oppositisn to the proposed
Ranch Vista Apartments. Your comments indicated that you suppatt af£oneble housing
instead. I will make a copy of your e-mail and place it in Deputy Mayor Rindone's inbox.
He always appreciates and seriously considers the input he rece~ves from local residents.
In fact, I am sure he will appreciate your comments regarding y~ur own children's desire
to live in Chula Vista and the hope that there will be afforabl~ housing available to
them.
He truly appreciates your willingness to take an active part in our city's future
development by expressing your insights, comments, and opinions on this issue. Please
continue to share your thoughts and recommendations for this pr6ject as he examines and
seriously considers all viewpoints and ideas.
Sincerely,
Sandra Hodge
Aide to Deputy Mayor Rindone
~""' ~ ~ '3.
SAN DIEGO ADVOCATE S FOR SOCIAL JUSTICE
303 A Street, Suite 310, San Diego, California 92101
A 601(CX8) Nonprofil Corporation
John C. Edwards, President
Sarah Brite Evana~ Secretary
Catherine A Rodman, Director
Attorney at Law
DIRE=RS
JAMES BUESNER, Di..-,
Cit,...county R.inveilbnent Tuk FOrGe
RUSSELL L. BLOCK, E"I'
San Ditttfo State UniverBty
JOHN C. EDWARDS, E"I'
1.. off,... of John Ed_nl.
SARAH BRITE EVANS, E"I'
p~. &1'],1, Noonan (J Sweat, UP.
ESTANISLA HUEIUA
Nodhem T run Bank of C.}¡fomia N.A.
RUTH E. KAPLAN
Community Health Group
PETERM. USS, E"I'
1.. Of!,... of P.... M. 1,;.
PHIUP RAPFEE. E"I'
¡¡.ff_ f4 ¡¡.ff_
CHARLES T. SCOTT, E"I'
Kim..U, 1'1..,. f4 S.. John
RICHARD I. SINGER, E"I'
Ricb...J I. S¡n¡- 1.. Offiøe.. APe
DONAID SMTHE, Profell~r
Calilornia Weøtern Sd.ool of I....
ALBEIU E. WALKOE. E"I'
Found..
ADVISORS
CHARLES G. ABDELNOUR
City Cl.," C.M.C.
City of San Die¡to
TIMOTHYD. COHELAN, E"I'
Colt.lan tJ Khoury
THEODOREJ.CRANSTON,E"I'
Gray, Cary, Ware & Fried.enrioh
GINA DRONIIT
PAUL D. ENGSTRAND, E"I'
Horlm\, Knox, Cadet 6J Foote
C. HUGH FRIEDMAN, E"I"
Univenily of San Di.o
CRAIG D. HIGGS, E"I'
Hi"., FJ.tch., f4 Moo!.
FREDERICK K. ImNZEL, E"I'
Prooopio Cory Hargreav.. & Savitc1. LLP
HERBEIU J. SOLOMON. E"I'
Solomon, ward, Seidenwurm & Smith
DALE WAUS
Telephone: (619) t5S-8+il
Fac~e:(619)2SS-+828
Direct Line:(619) 238-8474
July 8, 2003
Mayor Stephen C. Padilla
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA, 91910
RE: Special Agenda Item #3- Eastlake's roposed Rental Affordable
Housing Development [Rancho Vista
Dear Mayor Padilla:
As a nonprofit, legal services program, San Diego Advocates for Social
Justice enforces affordable housing laws. In Ii ht of the affordable housing
crisis in Chula Vista, and indeed throughout th region, enforcement is more
important now than ever before.
We am writing to oppose the City's considera on of a for-sale altemative to
the rental project currently proposed, as violat ve of State Housing Element
Law including, but not limited to, Government ode sections 65583, 68889.5
and 65589.8.
Government Code section 65589.5 p ovides that "[a] local
govemment which adopts a requiremen in its housing element
that a housing development contain fixed percentage of
affordable housing units, shalf permit a eveloper to satisfy all
...of that requirement by constructi g rental housing at
affordable.. .rents...
Chula Vista is subject to this section, since its ousing Element contains just
such an incJusionary requirement. Pursuant t Program 3.1.2. of the City's
Housing Element, every development of 50 r more units must contain a
minimum of 10 percent low- and moderate-in me affordable housing, with
at least 5 percent affordable to and occupied y low-income households.
The Housing Element was found to be in sub tantial compliance with state
law in part based on the City's commitment 0 generate 590 units of low-
income affordable housing under this program, between 1999-2004, of which
130 would be for sale. Eastlake's Antigua d velopment provided 130 low-
income affordable for sale units, but has yet t include a single rental unit.
Given the large size of this master planned ommunity, failure to include
affordable rental housing in Eastlake will also iolate the Housing Element's
"Balanced Communities' policy 3.1.1, as ell as the state's goal of
jobs/housing balance.
Mayor Stephen C. Padilla
July 8, 2003
Page 2
Government Code section 65589.5 provides that "A local agency sha I not disapprove a housing
development project, ... for very low, low- or moderate-income house olds or condition approval,
including through the use of design review standards, in a mann r that renders the project
infeasible for development for the use of very low, low- or moderate ncome households unless
it makes one of six written findings, based upon substantial evidence i the record. It is clear from
the record, that the City cannot make any of the required findings, Ii ted below:
(1) The jurisdiction has adopted a housing element pursuant 0 this article that has been
revised in accordance with Section 65588 and that is in subs antial compliance with this
article, and the development project is not needed for the juri diction to meet its share of
the regional housing need for very low, low-, or moderate-inc me housing. Chula Vista's
share of the region's need for very low and low income hou eholds is 3,424. Housing
Element, Table 5, p. 73.
(2) The development project as proposed would have a specif c, adverse impact upon the
public health or safety, and there is no feasible method to sa isfactorily mitigate or avoid
the specific adverse impact without rendering the develop me t unaffordable to low- and
moderate-income households. As used in this paragraph, a "specific, adverse impact"
means a significant, quantifiable, direct, and unavoidable i pact, based on objective,
identified written public health or safety standards, policies, 0 conditions as they existed
on the date the application was deemed complete.
(3) The denial of the prcject or imposition of conditions is req ired in order to comply with
specific state or federal law, and there is no feasible method comply without rendering
the development unaffordable to low- and moderate-income ouseholds.
(4) Approval of the development project would increase the co centration of lower income
households in a neighborhood that already has a disproportio ately high number of lower
income households and there is no feasible method of appr ving the development at a
different site, including those sites identified pursuant to par graph (1) of subdivision (c)
of Section 65583, without rendering the development unaffor able to low- and moderate-
income households.
(5) The development project is proposed on land zoned or agriculture or resource
preservation that is surrounded on at least two sides by land bing used for agricultural or
resource preservation purposes, or which does not have ad quate water or wastewater
facilities to serve the project.
(6) The development project is inconsistent with both the juri diction's zoning ordinance
and general plan land w,e designation as specified in any ele ent of the general plan as
it existed on the date the application was deemed comple e, and the jurisdiction has
adopted a housing element pursuant to this article.
The State Legislature adopted these laws to combat Nimbyism ~d alleviate the affordable
housing crisis. Violation of them invites legal challenge. Such a c allenge could suspend the
City's authority to inter alia issue permits, make zoning changes or approve subdivision maps,
unless to do so facilitates affordable housing. Govemment Code s ction 65755.
Mayor Stephen C. Padilla
July 8, 2003
Page 3
With all of the land use approvals and funding in place, Chula Vista i in the enviable position of
being able to ameliorate its affordable housing crisis by providing mu h needed very low and low
income housing. Advocates urges the City to implement its Housin Element by requiring the
master planned developer to proceed with the proposed affordable r ntal project. Should you or
your staff have any questions regarding the above, please do not he itate to call. Thank you for
your consideration.
cc: City Council
David D. Rowlands, City Manager
Ann Y. Moore, City Attomey
Laurie A. Madigan, Community Development Director
Susan Bigelow, CMC, City Clerk
William Ostrem, President, Eastlake Company
,