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Agenda Packet 2003/07/22
CITY COUNCIL AGENDA July 22, 2003 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI]Y OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. John McCann City Attorney Jerry R. Rindone Ann Moore Mary Salas City Clerk Stephen C. Padilla, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 JULY 22, 2003 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 document on the bulletin board according to Brown Act requirementa. AGENDA Dated 7-/ðJ-03 slgned~~ 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION BY DOWNTOWN BUSINESS ASSOCIATION OF THE RESULTS OF ITS ON-SITE AND OFF-SITE SURVEYS OF DOWNTOWN SHOPPER PREFERENCES . PRESENTATION OF A PROCLAMATION TO LAURA ORCUTT-FRIEDRICH, AREA DIRECTOR FOR THE ARC STARLIGHT CENTER IN CHULA VISTA, PROCLAIMING JULY 26, 2003 AS DISABILITY INDEPENDENCE DAY CONSENT CALENDAR (Items 1 through 11) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. WRITTEN COMMUNICATIONS . Letter from Michael Tegt, Co-founder, "Little Race for Little People", requesting Council support of this charity event to benefit the Neo-natal Intensive Care Unit at San Diego's Children's Hospital. Staff recommendation: Council acknowledge and support the "Little Race for Little People" charity event. 2. 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 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 (SECOND READING AND ADOPTION) 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 be constructed to match the historic Victorian structure to the east of the site. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDiNG CONTRACT FOR THE QUINTARD STREET IMPROVEMENTS, BETWEEN ORANGE AVENUE AND THIRD AVENUE IN THE CITY OF CHULA VISTA (PROJECT STL-285), AND TRANSFERRING FUNDS FOR PROJECT CONSTRUCTION On June 11, 2003 sealed bids were received for this project. The work to be done consists of street improvements and related street light work, as well as all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project. (Director of Engineering) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING PURCHASE AGREEMENT TO DION INTERNATIONAL TRUCKS, 1NC., FOR $221,654 FOR ONE VACUUM SEWER COMBINATION TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO The City is participating in a cooperative bids program with other government agencies for the purchase of materials of common usage. The bid will be submitted with the current City of San Diego bid to purchase one vacuum combination track. (Director of Public Works/Operations) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-ILrLA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE FIRST AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON FOR SERVICES RELATED TO THE BIOLOGICAL MITIGATION AND MAINTENANCE MONITORING REQUIREMENTS FOR THE SALT CREEK INTERCEPTOR SEWER REVEGETATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Thc proposed resolution waives the formal bidding process and approves the first amendment to the two-party agreement with RECON for consulting services for an amount not to exceed $57,375. It also provides up to $50,000 for additional services to cover unforeseen project needs throughout the remaining five years of the agreement, increasing the total maximum agreement amount t~om $433,629 to $541,004. (Director of Planning & Building) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 BUDGET BY APPROPRIATING UNANTICIPATED WORKFORCE INVESTMENT ACT 231 GRANT AUGMENTATION FUNDS IN THE AMOUNT $12,922 TO THE LIBRARY DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM CENTER (4/5THS VOTE REQUIRED) Page 2 - Council Agenda 07/22/03 The Chula Vista Literacy Team recently received a one-time augmentation of $12,922 from the Workforce Investment Act 231 grant. This grant is designed to prepare adults to enter the workforce. Funds will be used to purchase instructional resources and supplies to support the program and to hire instructional and support staff. (Assistant City Manager Palmer) Staff recommendatiun: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2003/2004 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06I, 07M, 08M AT THE MAXIMUM AUTHORIZED SPECIAL TAX RATES APPLICABLE TO EACH DISTRICT, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIFIC SPECIAL TAX RATE APPLICABLE TO EACH PARCEL PROVIDED SUCH TAX RATE DOES NOT EXCEED THE APPLICABLE MAXIMUM SPECIAL TAX RATE AUTHORIZED TO BE LEVIED BY THE CITY COUNCIL Fourteen community facilities districts (CFDs) were established during Fiscal Years 1998-2003. Special taxes must be levied during Fiscal Year 2003-2004 in these districts in order to pay for the maintenance of open space and preserve areas in CFDs 97-1, 97-2, 98-1, 98-2, 98-3, 99-2, 07M, and 08M; and to begin repaying bondholders in CFDs 97-3, 99-1, 2000-1, 2001-1, 2001-2 and 06I. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF CHULA VISTA CONSTRUCTION STANDARDS CVCS-3 AND 4, RELATING TO TRENCH BACKFILL AND SURFACE RESTORATION On November 12, 2002, the Council adopted Resolution No. 2002-447, which, among other things, approved revisions to the Chula Vista Subdivision Manual and the standards and drawings used in public works construction in the City, with the exception of Chula Vista Construction Standards CVCS-3 and CVCS-4, related to the restoration requirements for utility trenches within the City. CVCS-3 and CVCS-4 were withheld from consideration at that time in order to address a number of concerns expressed by San Diego Gas & Electric and SBC Pacific Bell regarding the cost and effectiveness of the proposed standard, which requires full lane-width grinding and resurfacing of utility trenches located longitudinally within prime, major and four-lane roadways. Staff worked extensively with the utility companies and is now requesting that the Council adopt the proposed standards. (Director of Engineering) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda 07/22/03 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH MUNIFINANCIAL LLC, FOR SPECIAL TAX CONSULTANT SERVICES FOR THE ANNEXATION OF A PORTION OF THE OTAY RANCH SECTIONAL PLANN1NG AREA 12 FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11 TO IMPROVEMENT AREA A OF THE EXISTING OTAY RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97-02), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT On April 15, 2003, the Council approved the tentative map for a portion of the Otay Ranch, Planning Area 12 Freeway Commercial, currently owned by McMillin Otay Ranch LLC. In compliance with condition of approval No. 23 of the tentative map, McMillin has requested that its project be annexed to Improvement Area A of CFD 97- 02. The special taxes collected from the properties located within Improvement Area A will fired the operation and maintenance activities of the Otay Ranch habitat preserve. Adoption of the resolution waives the selection process and approves the second amendment to the existing agreement with MuniFinancial LLC, enabling the consultant to provide special tax consultant services for the required annexation. (Director of Engineering) Staff recommendation: Council adopt the resolution. 10 A. 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-2; 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 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1 lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2, 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 Neighborhood R-2, a subdivision of Otay Ranch Village 11. Neighborhood R-2 consists of 47 single-family detached lots and seven Home Owner's Association-maintained open space lots. (Director of Engineering) Staff recommendation: Council adopt the resolutions. Page 4 - Council Agenda 07/22/03 11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORI-IOOD R-7; 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 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11, NEIGHBORHO©D R-7, 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 Neighborhood R-7, a subdivision of Otay Ranch Village 11. Neighborhood R-7 consists of 67 single-family detached lots and four Home Owner's Association-maintained open space lots. (Director o£Engineefing) Staffrecommendation: Council adopt the resolutions. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised 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. 12. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL (Continued from July 15, 2003) Page 5 - Council Agenda 07/22/03 In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, it is recommended that liens against affected properties be approved as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a timelier basis. This is the identical process approved by the Council since August 1998. (Director of Finance) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTiVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 13. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLiD WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNERqOCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL (Continued from July 15, 2003) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, it is recommended that liens against affected properties be approved as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the resolution enhances the collection process for delinquent sewer service charges by reducing the amount of uncollectable losses and ensures that payment will be received on a timelier basis. This is the identical process approved by the Council on a quarterly basis since mid-2001. (Director of Finance) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLiD WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 14. CONSIDERATION OF CHANGES TO THE LIBRARY MASTER FEE SCHEDULE As part of the Fiscal Year 2004 budget process, the Library recommended changes to its master fee schedule. These changes include increasing the insurance charge for videofDVD and the interlibrary loan fee, reducing the video/DVD insurance charge per item option, and amending the lost item processing fee and overdue charges for videotapes. (Assistant City Manager Palmer) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE LIBRARY MASTER FEE SCHEDULE Page 6 - Council Agenda 07/22/03 15. CONSIDERATION OF THE RESTRUCTURING OF THE SEWER SERVICE RATES In June 1999, the Council approved a three-year sewer service charge rate plan for fiscal years 2000-2002, and 6% rate increases were implemented in each of those years. Subsequently, expenditures for both the maintenance and operation of the City's wastewater collection system, and for wastewater conveyance and treatment, have continued to escalate fi.om $15.7 million in fiscal year 2000 to an estimated $23.6 million in fiscal year 2003. At the current sewer rate level, necessary expenditures will exceed fiscal year 2004 revenues by $5.5 million. On June 3, 2003, Council adopted a resolution declaring the City's intention to amend the Master Fee Schedule by updating the existing sewer rate structure, adopting the "Wastewater User and Rate Restructuring Study", and setting the public hearing. (Director of Engineering) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE BY RESTRUCTURING THE SEWER SERVICE RATES, ADOPTING A FOUR-YEAR SEWER SERVICE RATE PLAN BASED ON THE "WASTEWATER USER AND RATE RESTRUCTURING STUDY", AND APPROViNG THE TRANSFER OF FUNDS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SEWER SERVICE REVENUE FUND 16. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The City administers approximately 25 open space districts established over the last 30 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting fi.om that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for ongoing and proposed open space maintenance. Adoption of the proposed resolution continues the process for fiscal year 2003/2004. The City Engineer has prepared and filed reports on assessments for all existing open space districts. On June 10, 2003, the Council approved the reports and set a public hearing to take testimony on the proposed assessments. (Director of Engineering) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODiFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS Page 7 - Council Agenda 07/22/03 17. CONSDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT gl This is one of four agenda items that is a companion to agenda item 16 which gives all background information and details on open space districts in general that are applicable to this item, but does not include specific information on Open Space Districts 10, 11, and 14 and Eastlake Maintenance District gl. Based upon the advice of the City Attorney, agenda items 17, 18, 19, and 20 have been separated fi.om agenda item 16 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. (Director o f Engineering) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR 2003/2004 AND LEVYiNG ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT gl 18. CONSIDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION OF ASSESSMENTS FOR OPEN SPACE DISTRICT gl0 This is one of four agenda items that is a companion to agenda item 16, which gives all background information and details on open space districts in general that are applicable to this item, but does not include specific information on Open Space Districts 10, 11, and 14 and Eastlake Maintenance District gl. Based upon the advice of the City Attorney, agenda items 17, 18, 19, and 20 have been separated fi-om agenda item 16 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. (Director of Engineering) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROViNG MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICT gl0 19. CONSIDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION OF ASSESSMENTS FOR OPEN SPACE DISTRICT gl 1 This is one of four agenda items that is a companion to agenda item 16, which gives all background information and details~on open space districts in general that are applicable to this item, but does not include specific information on Open Space Districts 10, 11, and 14 and Eastlake Maintenance District gl. Based upon the advice of the City Attorney, agenda items 17, 18, 19, and 20 have been separated fi.om agenda item 16 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. (Director of Engineering) Staff recommendation: Council adopt the following resolution: Page 8 - Council Agenda 07/22/03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICT #11 20. CONSIDERATION OF THE FISCAL YEAR 2003/2004 LEVY AND COLLECTION OF ASSESSMENTS FOR OPEN SPACE DISTRICT #14 This is one of four agenda items that is a companion to agenda item 16 which gives all background information and details on open space districts in general that are applicable to this item, but does not include specific information on Open Space Districts 10, 11, and 14 and Eastlake Maintenance District #1. Based upon the advice of the City Attorney, agenda items 17, 18, 19, and 20 have been separated from agenda item 16 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this district. (Director of Engineering) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FISCAL YEAR 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICT #14 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 21. CONSIDERATION OF AMENDING THE FISCAL YEAR 2004 FIRE DEPARTMENT BUDGET TO ADD PERSONNEL AND PURCHASE RELATED TRAINING, UNIFORMS AND EQUIPMENT At the Council budget workshop of June 9, 2003, the City Council stressed the urgent need to place the second ladder truck in service. The truck would be located at the Otay Ranch Fire Station. The Fire Department was given the task of examining staffing and training issues to determine the earliest possible in-service date. The ladder truck is currently budgeted to be in operation in December 2004. The proposed resolution places the ladder truck in service one year earlier, on December 12, 2003. (Fire Chief) Staff recommendation: Council adopt the following resolution: Page 9 - Council Agenda 07/22/03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 FIRE DEPARTMENT BUDGET BY ADDING THREE FIRE CAPTAINS, THREE FIRE ENGINEERS, AND THREE FIREFIGHTERS; APPROPRIATING $750,510 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR STAFFING AND RELATED COSTS, AND $63,500 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR START-UP EQUIPMENT; AND AMENDING THE FISCAL YEAR 2005 SPENDING PLAN BY INCREASING THE FIRE DEPARTMENT'S BUDGET BY $381,815 (4/5THS VOTE REQUIRED) 22. CONSIDERATION OF APPROVAL OF AN INDIVIDUAL PARK MASTER PLAN AND NEIGHBORHOOD PARK NAME FOR PARK P-1 OF OTAY RANCH, VILLAGE ELEVEN Brookfield Shea Otay LLC has prepared an individual park master plan for the 7.0-net- acre neighborhood park site (P-l) located in the Otay Ranch Village Eleven project area. The Parks and Recreation Commission has recommended approval of the individual park master plan and park name (Windingwalk Park). (Director of Building & Park Construction) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDIVIDUAL PARK MASTER PLAN AND NEIGHBORHOOD PARK NAME FOR PARK P-1 NEIGHBORHOOD PARK OF OTAY RANCH, VILLAGE ELEVEN ITEMS PULLED FROM TIlE CONSENT CALENDAR OTIIER BUSINESS 23. CITY MANAGER'S REPORTS 24. MAYOR'S REPORTS A. Ratification of reappointments to the following boards, committees and commissions: · Commission on Aging Emma Abutin, Susan Carillo, Mary Jo Buetmer · Board of Appeals and Advisors - Jose Romo · Economic Development Commission - William Hall, Scott Vinson · Board of Ethics - Jesse Navarro, Karen Batcher · Growth Management Oversight Commission - Arthur Garcia, William Tripp · Human Relations Commission - Michael Palomo · International Friendship Commission - Carmelita Vinson · Mobilehome Rent Review Commission - Cesar Padilla · Parks and Recreation Commission - Lan'y Perondi, Don Salcido · Planning Commission Steve Castafieda, Marco Polo Cortes · Resource Conservation Commission - Juan Diaz · Safety Commission - Jose Lopez Page 10 - Council Agenda 07/22/03 25. 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). 26. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) Two cases 27. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One case 28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · City of Chula Vista v. C & S Doctor (Case nos. 787174 and 803780) 29. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Municipal Golf Course on Bonita Road and adjacent acreage owned by the City. Agency Negotiator: Sid Moms Negotiating Partie~: City of Chula Vista (Sid Moms), American Golf Corporation (Brian Jackson). Under Negotiation: Price, terms, and disposition of lease. 30. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8 Property: Brandywine Classics, Common Area Lots 1-4 of Chula Vista Tract No 82-3 Agency Negotiators: Ann Moore, Linda Bartz, Harry Burrowes, George Krempl Negotiating parties: City of Chula Vista and Ludlow Keeney Under Negotiation: Price and Terms Page 11 - Council Agenda 07/22/03 31. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista 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 fxanchise conveyance ADJOURNMENT to a Special Meeting of the City Council on July 29, 2003, at 1:00 p.m. in the City Council Chambers, and thence to the Regular Meeting of August 19, 2003, at 6:00 p.m. in the Council Chambers. The meetings of August 5 and August 12, 2003 have been cancelled. Page 12 - Council Agenda 07/22/03 07117 '03 10:02 N0.042 01/05 July 17, 2003 ~llac City of Chula Vista c/o The Honorable Mayor and the City Council Subject: "Written communication" issue for discussion at the next City Council meeting. Dear Sirs: The "Little Race for Little People" Charity event raises $40,000-$50,000 each year '/bt the Nco Natal ICU (~ Sm~ Diego's Children's Hospital. In it's 12 year history the event has donated "every penny raised" ($250,000.00 +). This years event is scheduled for August 16~ and, from this point forward, will be hosted by the Chula Vista Yacht Club in the "J" Street Marine Park area of the South Bay. The Port Authority, Coast Guard Safety Office and thc Harbor Patrol have all been updated about the change in venue. Because this popular community charity event receives promotional coverage and bas the respect of all local TV & radio media (KUSI's Rod Luck 'is MC), we would like the "endorsement/support" of the Chula Vista City Council. We already have the support of various Chambers of Commerce. We recognize that with only 3 weeks until the event that there is a very limited time in which to gah~ maximum support tbr this year's event. Although we are not asking for direct ~nding, we hope that limited promotion through available City newsletters, etc. might still be possible. Permission to display banners or distribute flyers would also be looked upon as support, Also, please accept this letter as our invitation to each of you to bring your family and enjoy the event as our guests. Thank you ~br your consideration. ?egt - Co-founder (619) 546-0873 (On behalf o~)The 2003 LRLP Steering Committee ttost: Chula Vista Yacht Club (619) 422-7888 07/17 '03 10:03 N0.042 05/05 or To Our Valued Donors: You're Invited.v Preparations for the 2003, 12TM Annual wet 'n wild "Little Race for Little People" on Augus~ 16th have begun. This year the event has been moved to the South Bay and will be held at the Chula Vista Yacht Club. Committees are being formed and volunteers are already getting excited. Last year's event raised over $42,000.00 and everypenny raL~'ed went directly to the Nco-Natal Intensive Care Unit (NICU) at San Diego's Children's Hospital_ You are invited to participate in any of thc following ways: · Pbrm your own race team and/or sponsor a team baat! Limited space available, please .~ign up by Wednesday, July 24. Price donations are also welcome. · Pletz*e conxider a donation of goods or services for our silent auction, ~4 substanttal portion tff'our proceeds are generated through the auction, and ever,/donation, large and small, is vital to our success! (Plea.ye see the enclosed donor form for details or call Donation Chairman, Bob Yarnasaki at 760/807-5519, or email rachaelyam(~aol, com. ~ Ca. vh donations always make an immediate impact/(donor form enclosed) Just come out as a speceator to watch the race and join in on the fun~ Live mu.vic, pool party, great fi)od and silent auction. The NICU at Children's Hospital is a "special place" dedicated to thc special needs of our community's pre-mature infants and their (sometimes-desperate) families. The unit requires highly sophisticated medical equipment, which must be operated by specially trained medical personnel. Thc physicians, nurses and staffare a tireless team of devoted professionals who (24 his/day) manage to help these infants "survive" and then "thrive". We appreciate your consideration and support of this very worthwhile community eve nt ! Sincerely. ~.l'he 2003 Little Race Steering Committe.. lackie Airman, Cha~nan, Mike Tegt, Linda Whipple, Donna Hale, Bob & Raphael Yamaaa~i, Tcn~ & Eil~en VanW-mkle, Sally Stewart Silent Auction Chair Denations Chair Sally Stewart Bob Yamasaki CHULA VIS CH/' CLUB ,o.~It.I. ' 642 MARINA PARKWAY #~3 · CHULA VISTA, CA 91910-40~8 - (619) 422~7888 07/17 '03 10:05 N0.043 01/03 CHULA VISTA~YACHT CLUB Presents 12T~l ANNUAL "Little Race For Little People" San Diego's Wackiest Inflatable Boat Race August 16, 2003 All Proceeds Bencfit San Diego's Children's Hospital - Neo-Natal Intensive Care Unit Race to Save the Life ora Child Cale~d,ar of Events Sunday, August 3rd Jinuny Buffett-Cheeseburger in Paradise Party Sponsored by Kona Kal International Yacht Club Sunday, July 27th "Big Boat ]Race for Little People" PHRF ]Race Sponsored by Point Loma Yacht Club Friday, August 15th Cocktail Party at Chula Vista Yacht Club Live Entertainment & Hors d'Oeuvres Saturday, August 16th "Little Race for Little People" Dingy Race I0 AM to $ PM Parade of Race Crews, Inflatable boats race around California Marina, Silent Auction, BBQ, Live Music Race Event Held at Chula Vista Yacht Club & California Marina 642 Marina Parkway, Chula Vista, CA (619) 422-7888 or Fax: 422-3406 www.cvyc.org www. littlerace, corn Date TBD "Fashionable Fundraiscr" Fashion Show, Refreshments Sponsored by Weekenders USA (Jaekie Airman, Fashion Coordinator) 07/17 '03 10:05 N0.043 02/03 12th Annual Charity Participant: Little Race For Little People Saturday, August 16, 2003 10:00 a.m. - Sunset This year you con save the life of a child In any of tho fallowing ways: .... 1, Race Boat Sponsor * $200.00 You willl receive: · Company Name Recognition on Boat Sail · Company banner advertising on race day is encouraged · Two official SPONSOR T-shirts - Includes your company name · Four tickets to the pre-event cocktail party on Friday, August 15th Featuring live entertainment and no-host bar 2, Race Crew Sponsor * $60.00 - Your crew will receive: · Four official CREW T-shirts · Contest prizes 3, Donations: A, Silent Auction Donation* Value Expiration Date __ B, Cash Donation' $ B. Miscellaneous Donation* S Signature Date Phone Name/Title Address Received by City, State, Zip 'Your contribution qualifies as a tax deductlt~le donation, Please make checks payable to: ""Utile Race for Utile People" 642 Marina Parkway, Chula Vista, CA 91910 · (619) 422-7888 E-mail tO: rachaelyam@aol,com wwwJIttierace,¢om Thank you and GoOd Luck In lhe Racel TA~YA Pleam and keep yellow copy tar your tax record. CHULA VIS CHT CLUB Childre 642 MARINA PARKWAY #83 * CHULA VIS'IA, CA 91910-4058 VOLUNTEER SIGN-UP Thanks to our contributors and many volunteers, the "Little Race for Little People" Steering Committee was excited with last year's donation of $42,000 to the Children's Hospital NeoNatal Intensive Care Unit. This year will mark the 12~ Annual "race to save the life ora child" and we arc currently forming committees and organizing volunteer~. Thc event has been moved to a new venue this year and is being hosted by the Chula Vista Yacht Club.. Can the babies count on you to volunteer at this year's 12~' Annual Charity Race on Saturday, Augast 16, 2003? We look forward to working with each of you as together we w~ll again "Race to save the life ora child" FIRST, LAST NAME (please print). ADDRESS DAY PHONE EVENING PHONE Please sign me up (circle one) Race Committee or Judge Chairman, TBD (Meeting TBA) Race Day August 16 Silent Auction Committee (Meeting TBA) Sally Stewart, Chairman Acquisitions (Donations) Committee (Meeting TBA) Bob Yamasaki, Chairman For more irtfornlation call 619-501-2064 Fax 619-501-2064 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, 220DAVIDSON 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 mt 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 hearing on the Project on June 25, 2003, and, after considering all reports, evidence and testimony presented, voted 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 hearing 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 15, 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 Califomia 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 F1ND1NGS 1. 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. 2. 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. These deviations from the R3 standards are the intent to develop the site with an efficient and functional use to meet the need for quality housing in Chula Vista and that will have a proper relationship to adjacent uses. Ordinance Page 3 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. 4. 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 Appr d as to fo b, Robert A. Leiter Planning and Building Director Ci~ Attorney 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: NAYS: Councilmembers: ABSENT: Councilmembers: Steve Padilla, Mayor ATTEST: 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 Ordinance No. had its first reading at a regular meeting held on the 8th day of July 2003 and its second reading and adoption at a regular meeting of said City Council held on the day of 2003. Executed this day of__ 2003. Susan Bigelow, City Clerk r- ~, ~i~l I 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 City of Chula Vista Municipal Code Chapter 19.28 Apartment Residential (R-3) zone. Residential (R-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 shown 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. 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 10 in. Maximum height Unit I and 4 = 24 feet 6 in. Unit 2 and 3 = 32 feet Parking 2-car garages/unit FencingNValls (maximum) 6 feet Notes: Table 1 figures are based on the information provided on the approved Precise Plan B. Operational Standards 1. Any violations of the terms and conditions of these Standards shall be grounds for revocation or modification of development permits. 2. This development permit shall become void and ineffective if not utilized within one year fzom the effective date thereof, in accordance with Section 19.14.260 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 from the City Council. 4. 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 Exhibit B, Page 3 costs and attomey'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. 5. 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. 6. 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. 7. 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 right to be heard with regard thereto. However, the City, in exemising this reserved fight/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. 8. 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. 9. The Applicant may utilize appropriate street lighting subject to the. approval of the Planning and Building Director which is consistent with the July 15, 2003 directive of the City Council. COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 7/22/03 ITEM TITLE: Resolution accepting bids and awarding a contract for the "Quintard Street Improvements, between Orange Avenue and Third Avenue in the City of Chula Vista, California (STL-285)" Project; and transferring funds for project construction. SUBMITTED BY: Director of Engineering~:9'.,~ ' (4/Sths Vote: Yes X No ) REVIEWED BY: City Manager ~, ~{v' BACKGROUND: On June 11, 2003, the Director of Engineering received sealed bids for the "Quintard Street Improvements, between Orange Avenue and Third Avenue in the City of Chula Vista, California (STL-285)" Project. The work to be done consists of the street improvements and related street light work on Quintard Street from Orange Avenue to Third Avenue in the City of Chula Vista. The work also includes all labor, material, equipment, transportation, protection · and restoration of existing improvements and traffic control necessary for the project as shown on the drawings. RECOMMENDATION: That Council adopt a resolution accepting bids and awarding a $206,291.50 contract for the construction of the Quintard Street Improvements project (STL-285) to Star Paving, Inc. of San Diego, California; and transferring $119,262 in residential construction tax (RCT) funds from the North Broadway Basin Reconstruction project (STM- 354), into project STL-285; and transferring $119,262 in CDBG funds from STL-285 and into the North Broadway Basin Reconstruction project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Seventeen property owners who have access to their properties on Quintard Street do not have curb, driveway aprons, gutter and sidewalk improvements. Thirteen of these property owners have petitioned the City to commence proceedings pursuant to Chapter 27 of the Improvement Act of 1911 (the Block Act) and Article XIIID of the Constitution of the State of California, to finance the construction of these improvements. On March 4, 2003 Council adopted resolution nos. 2003-093, 2003-094, 2003-095 and 2003-096 which accepted the petition, approved the proposed boundary map and preliminary Assessment Engineer's Report, ordered the initiation of assessment ballot proceedings, set a public heating and ordered the construction of the improvements (see Attachment A). On May 6, 2003, Council conducted the public heating and appropriated funds to begin the project. Page 2, Item ,,~ Meeting Date: 7/22/03 On Jtme 11, 2003, Engineering Staff received and opened bids from eleven contractors for the construction phase: Table 1. CONTRACTOR BID AMOUNT 1. Star Paving, Inc., San Diego, California $ 206,291.50 2. Scheidel Contracting & Engineering, Inc., La Mesa, California $ 229,376.25 3. M.J.C. Construction, Chula Vista, California $ 233,654.00 4. HTA Construction, La Mesa, California $ 246,865.00 5. SRM Contracting & Paving, San Diego, Cali£ornia $ 249,409.50 6. J.D. Paving, Inc., San Marcos, California $ 262,543.38 7. Heffier Company, Inc., National City, California $ 265,612.15 8. ABC Construction Co., Inc., San Diego, California $ 273,942.92 9. Hanson SJH Construction, San Diego, California $ 281,820.07 10. Tri-Group Construction, Poway, California $ 308,172.00 11. T.B. Penick & Sons, Inc., San Diego, California $ 452,833.16 The low bid by Star Paving, Inc., is $49,488.50 (19%) below the Engineer's estimate of $255,780.00. The Engineer's estimate was based on average prices for similar types of work completed during the last three years. Staff has reviewed the low bid and recommends awarding a $206,291.50 contract to Star Paving, Inc. of San Diego, California. Engineering staff has verified the references provided by the contractor and has i'ound their work to be satisfactory. Star Paving, Inc. has also completed several CIP projects for the City with satisfactory results. The contractor's License No. 704737 is current and active. Disclosure Statement: Attached is a copy of the contractor's Disclosure Statement (Attachment B). Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. Wage Statement: Contractors bidding on this project were not required to pay prevailing wages to persons employed by them for work under this project. No special minority or women-owned business requirements were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businessgs to bid on the project. Page 3, Item ~ Meeting Date: 7/22/03 PROJECT COSTS A. Construction contract award amount (Star Paving, Inc.) $ 206,292 B. Contingencies (approximately 15% of construction costs) $ 31,000 C. Sweetwater Authority (City share of water facilities relocation costs) $ 60,000 D. City staff costs (design, survey, ins~vection, Assessment District admin.) $ 46,802 TOTAL $ 344,094 PROJECT FUNDS AVAILABLE A. Gas Tax funds (acer # 2413285221) $ 174,882 B. RCT funds (acct # 2413285717, exchanged for remaining CDBGfunds) $ 119,262 C. Transportation Development Act (TDA) funds (acer #2413285723) $ 49,950 TOTAL $ 344,094 The Quintard Street Improvement project was advertised and bid as a non-prevailing wage construction project. Funding for this project includes $155,000 in Community Development Block Grant (CDBG) funds, which stipulates prevailing wage construction labor. $35,738 in CDBG funds have been expended to date for allowable staff and design costs related to the project. However, the remaining $119,262 is not available for construction costs, as bid, due to the CDBG prevailing wage requirement. To avoid the expense and delays that would be incurred in re-bidding the project, staff recommends the transfer of $119,262 in RCT funds from the North Broadway Basin Reconstruction project to the Quintard Street Improvement project, and the transfer of $119,262 in CDBG funds from the Quintard Street Improvement project to the North Broadway Basin Reconstruction project. The cross-transfer of funds will not impact the North Broadway Basin Reconstruction project, which has already been partially funded with CDBG funds and will be bid as a prevailing wage project. FISCAL IMPACT: There is no fiscal impact to the general fund. Attachments: A - Resolutions 2003-093, 2003-094, 2003-095 B - Contractor's Disclosure Statement C - CIP Summary, Quintard Street Improvements Project D - CIP Summary, North Broadway Reconstruction Project J:~ENG1NEER~Agenda\STL2 8 5 -A 113CM.DOC Attachment A - RBSOLU'I~ON NO. ~03-093 !n~OI..UTION OF THE O'I'Y ~ ~ ~ ~ OF ~ ~AA~A~ON ~ ~ A ~R~ON OF ~ ~ ~R ~ ~E OF ~RO~ Resolution 2003093 Page 2 Pr~-nted by Approved as ~ form by PASSED, APPROVED, and ADOPTED by Ihe City Council of the Cay of Chula Vista, Californis~ this gl{~ day of March, 2003, by the following vote: AYES: Councilmem~: Davis, Rindone, S,I**. McC~nn_ and Padilla NAYS: Counctlmembers; None · ABSENT: Couacilmembei, s: None A'rrt~T: Susan Big¢low, City Clcr~ ]~I~-~OLUTION NO. 2003-094 RI~OLUTION OF TH~ t.h'l'"t" O01.,,'NCXL OF NOW, ~~ S~ON 1. ~~~ ~~. S~ON ~ S~'r}ON ~.. ~ u~ or~t~~~ a ~ ~ ~ ~~ S~ 3111 Resolution 21303094 Paso 2 PASSED, APPROVED, ami AJ)OPi-I:~o by the City Council of thc City of Chula Vista, California, this 4th clay of Ma~ 2003, by t~ following vote: A~'~_,~: Col]l~lmeml~lrs: Davis, Rindonc, ~las, McCann and Padilla ,NAYS: Comtcilme~bcrs: None ABSENT: Cotm~lm~nb~rs: Nonc ATIEST: .'"~~_.. ,~.,. d ,'~ _...--~ Susan Bigclow, City CILqk STATE OF CAIP~ORNIA ) COUNT~ OF SAN DmC, O ) Cl'r ~' OF CHULA VISTA ) I, Susan Bi~elow. City Clerk of Chula Vista, California, do hereby certify th., thc foregoing Resolmio~ No. 2003-094 was duly passed, approved, nnd adop~:d by the City Council at a r~gular me~t~.i of the Chula Vim City Council held on the 4th day of Mard~ 200~. F. xecuted this 4th day of Match, 2003. Susan Bigelow, City Clcri~ - RESOI//HON NO. 2003-O95 RESOLUTION OF ~ Ctr~' COUNCIL OF ~ ~ OF ~ ~A 0~ ~ ~UA~0N ~ ~R A ~C ~0, ~ 0~0 ~ON OF ~ I ~ m~provemeam 1911 ~ ~ ~ s~ ~-. C~ ~' ~-'~" ~'--' ~8~ NOW, ~~ BE ~ ~L~ ~ ~: S~ON L ~ o~~~wmm~m~e~of~rof~c Resolution 2001L095 Page 2 .Work?. Por all pmficula~ as to Ibc nli~mcnt of thc lmprovcmcn~ and a full and dcmilcd description of such improvement, referenced is hereby made to such plans and ~aecifications. SI~'nON 4. Are~ of Spe~*~ Benefit. In ~he opinion of ~hls City Council, cerUin of the nowcver, will be of special bencfit to the abutting and f~ronfing pmpe~. It ~ ~he intention of upon such propertie~ wM~in thc l,tOpo~d boundarle~ of ~he Assc~meot Dtsuict Pot a gencral descril~On of the Amemm~t District ,~4 ~n~ of ~ bencfit, reference is ~ to the map of ~ boundarie~ of tho Assemment Dis~ct identical ~ *~'topo~t Bo~xlarie$ of Assessment District No. 2002-1 (Q~manl Strccty'. A copy of such m~p is on file in the otf~co of fl~ Director of Public Wodm md opm ~o lmblic ~ dmin~ normal office ~ of such depamnent It is tho fu~thm ~ of thb City Council th,t lbo cost of thc coe~mclion of the ~...~. ts reprcscntin8 thc gemeral I~mfit ~o I~ eo~f~rm4 !~ ~u~' ~m.n~ov~ ,~,,aJ ~ paid for by a conlfilmflon flora th~ CitT. SECTION 5. ~on of thc ImprOVell~nts. This City Council herr. by orders th~ ,~nmupcrin .t~_ _nt of .Stn:ets ~ causc the construction of thc Improvements, Tho Superintendent of ?ve~ ?y anveway aprons of their fight to cottmuct such dfivewty,aprons and thereby avoid the construction of such driveway aprom is not commelj0t~ within (20 rlny~ ~ ~ IIOIiCC LS glVCll · ud di entiy and without t ecuted compmion, Supefintm t of Streets sl~! cans~ such construction to b~ done together w3th the constnM~on of the nmminder of thc SECTION 6. Authority f~r ~on. Ali of the construction proposed simll be done and carried through and financcd pm3uant to thc provisions of C~nI~r 27. SI~C~].'ION 7. Approval of thc Rcport. The Report referred to herein above is adopt~xi, passed upon, and prellmlnn~ily approved, and contnln.q the following: A, A description of the Improvements to be consU~; C. ~nc Assessment F. agineer's cs~imatc of thc ilamized and total ~ and cxpcnses of the conslruction of the lmprovemeal~ and of the inctdeMal eapenses in connecfloa ~herewtth contahat in thc Report. Such e.stima~ shall imtude (a) that porlion of such co~s and expcmes rep~ezcmi~ the genend bcmtit to be confcmxl by such Improvements ~d (b) ~h~ portion of such co~s aad e~ ~xeseming thc special bencfit to be confem:d by such the driveway ~rons on those pMcels within the Assessment Disuia to be servcd by suc~ driveway apm ... D. Thc diaffram showing the Assessment Disuict and the boundaries and dimensions of the rcspcctivc subdivisions of land within such Assessment DisUict, as ~hc same existed at the lime of ~he passage of ~his resolution, cach of which subdivisions have bctm given a separate number upon such dias~uu, as containcd !!. Thc propo~xi asscss~ncni upon the s~vcral subdlvisic~s of land in ~he Assessmcnt District, in-proportion to the estimated special benefits to bc conferred on such subdivisions, respectively, by the drlvcFay nprons to be constmctcd, nnd of thc R~olufioa 2003-095 not consw~__,,:ted_ by such prope~ oojucuom or pm~mm, li~ ~uy, wlm~ rosy ue nuseo orally or m Wr~n~ Oy ~y pln0pelty ~r or · ny olher ium~smi ~ Asnc~ment bzHots will be mailed to the tccoM owner of cach pawel located within the All su~ anse~sment ballots must be t'eodved by the City before tlm time ~ct fur tiro close of the lmblic hombreS: 276 Fourth Avenue Chula V'mtn. California ~1~0 ~o~thot~ 0~ ~ on .~ ~,.aOl~ ~-,.-~-~-_. t~ ~ bauot ~ ~ on or At ~ concitmion of thc public lt~_: tl~ City Council shall came the pnnl ~o~dation .o~ t{~ a~.um~ ball~ ~uely re?i. v~ ,qssessment District exceed the assessment tmliots submiUed in fnvor of SF~q'ION9. Order to Ptrovid0 ~ The Chy Oerk is he~ dfrecled to mall ,or cause to be be assessed. Resolution 2003-095 Page 4 Pm~nted by Appmv~! as to form by A~: ~*m~: D~ ~ ~ M~ ~ ~ ~YS: ~~: No~ Susau Bigelow, City STATE OF ~RNIA ) COLU~TY OF SA~ DinGO ) ~,t'l'¥ OF CHUI~ VISTA ) t. Susan Bigelow, City Cl~k of Chula Vista, California, do hereby cerO. f)' that Ibc foregoing Resolution No. 2003-095 was duly ~__~t~l,_ approved, and adopted by Ihe City Cotmo3 at a regular meeting of the Chula V'~n CRy Council held on the 4th day of Marc{l, 2003. Executed ~ 4th day of March, 2003. Susan Bigelow, City CI~ Resolution 2003096 Page 2 PASSED, APPRO¥1~3, and ADOPTED by th~ City Council of ~ City of Chula VisUg Cslifomi~ this 4th day of ~ 2003, by the foilowin_~ vote: AYES: Councilmemb~m: Davis, Rindone, S~I~.. McCaan ami ~ NAYS: Councilmembers: Noue A~: S,_~ B~gelow, City (]ere STATB OF C.A~ _r~'ORNIA. ) COUNTY OF SAN DIEOO ) ~t'f~ OF CIR/LA VISTA ) I, S~**~ Bigelow, City Clerk of Chala V'~ta, California, do hereby cenif-y that tho foregoing Resolution No. 2003-096 wa~ &tly pass~l, approved, and adopted by th~ City ~ at · regular meeting of the Chula Vista City Council held on the 4th day of M~c,h, 2003. Execulr~l this 41~ day of MmV, 2003, Susan Big~low, City Clerk Attachment B CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that ~vill 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 follo~ving information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. r' / 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serxsng as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. / 4. Please identi~y every person, including any agents, employees, consultants, or independent contractors you bave assigned to represent you before the City in this matter. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X. 15 J XEngineer'dDESIGN\STL285\STL285 CONTRACT doc If Yes, briefly describe the nature of the financial interest the official** may have in this contract. l' 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current . member of the Chula Vista City Council7 No'x_ Yes __ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a sou~-ce of income, money to retire a legal debt, gift, loan, etc.) Yes __ No .~. If Yes. which official** and what was the nature of item prov/ded? Date :__ ~'"t.l.ad_~ // ,. L DO~ ~.~'.~ ~ ~; : S~ a ',gn .t?e ~.k'Con ~r a ctb~/'Applicant Print or type name of Contractor/Applicant * Person ~s 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 Commissioner, Member of a board, commission, or committee of the City, employee, or staffmembers. 16 J \Eng~neer\DESIGNxSTL285 STL285 CONTR.ACT doc ¢-/7 Attachment C Attachment D RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "QUINTARD STREET IMPROVEMENTS, BETWEEN ORANGE AVENUE AND THIRD AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-285)" PROJECT; AND TRANSFERRING FUNDS FOR PROJECT CONSTRUCTION WHEREAS, on Wednesday, June 11, 2003, the Director of Engineering received the following eleven sealed bids for the "Quintard Street Improvements, between Orange Avenue and Third Avenue in Chula Vista, California (STL-285)" project: CONTRACTOR BID AMOUNT 1. Star Paving, Inc., San Diego, California $ 206,291.50 2. Seheidel Contracting & Engineering, Inc. La Mesa, CA $ 229,376.25 3. M.J.C. Construction, Chula Vista, CA $ 233,654.00 4. HTA Construction, La Mesa, CA $ 246,865.00 5. SRM Contracting & Paving, San Diego, CA. $ 249,409.50 6. J.D. Paving, Inc., San Marcos, CA $ 262,543.38 7. Heffier Company, Inc., National City, CA $ 265,612.15 8. ABC Construction Co., Inc. San Diego, CA $ 273,942.92 9. Hanson SJH Construction, San Diego, CA $ 281,820.07 10. Th-Group Construction, Poway, CA $ 308,172.00 11. T.B. Penick & Sons, Inc. San Diego, CA $ 452,833.16 WHEREAS, the total low bid from Star Paving, Inc., is $ 49,488.50 (19%) below the Engineer's estimate of $ 255,780.00; and WHEREAS, Engineering staff checked the references that the contractor submitted and their work has been satisfactory; and WHEREAS, Star Paving, Inc. has also completed several CIP projects for the City with satisfactory results; and WHEREAS, staff has reviewed the low bid and is recommending awarding a $206,291.50 contract to Star Paving, Inc. of San Diego, California; and 1 WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines; thus, no further environmental review is necessary; and WHEREAS, the contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women-owned business requirements were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businesses to bid on the project; and WHEREAS, funding for this project includes $155,000 in Community Development Block Grant (CDBG) fimds, which stipulates prevailing wade construction labor; and WHEREAS, $35,738 in CDBG fimds have already been expended to date for allowable staff and design costs related to the Quintard Street project; and WHEREAS, to avoid the expense and delay of having to re-bid the project with a prevailing wage requirement, Staff suggests that the CDBG funds from the Quintard Street project (STL-285) be transferred to another project (STM-354) and replaced with Residential Construction Tax funds (RCT) transferred from that project. NOW, THEREFORE, BE 1T RESOLVED that the City Council of City of Chula Vista does hereby accept the bids and award the contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego, California for the "Quintard Street Improvements, between Orange Avenue and Third Avenue in the City of Chula Vista, California (STL-285)" project; and BE IT FURTHER RESOLVED that $119,262 in RCT funds shall be transferred from the North Broadway Basin Reconstruction project (STM-354) into project STL-285; and $119,262 CDBG funds shall be transferred from project STL-285 into the North Broadway Basin Reconstruction project. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Ann Moore Director of Engineering City Attomey J:/atmmey/redofoid Quintard St. Improvements COUNCIL AGENDA STATEMENT Item 4 Meeting Date 07/22/2003 ITEM TITLE: Resolution awarding a Purchase Agreement to Dion International Trucks, Inc., for $221,654 for one vacuum sewer combination truck through a cooperative purchase with the City of San Diego SUBMITTED BY: Director of Public Works Operations~//~ Director of Finance-~. . ~ REVIEWED BY: City Manager 0~/ (4/5ths Vote: Yes No X ) The City of Chula Vista is participating in a current City of San Diego bid from Dion International Trucks, Inc. for the purchase of one vacuum combination truck. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. RECOMMENDATION: That the City Council award Purchase Agreement for one combination vacuum truck to Dion International Truck, Inc. BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: On February 21, 2002, the San Diego Regional Water Quality Control Board adopted the new National Pollutant Discharge Elimination System (NPDES) permit, Order No. 2001-01. Council, in concurrence with the NPDES requirements, approved, in the FY 03/04 Budget, the appropriation of funds for the purchase of one vacuum combination truck and equipment. This resolution is to award the purchase agreement for that truck. FISCAL IMPACT: The net total cost including taxes is $221,654. Funds of $250,000 have been appropriated in the Public Facilities Development Impact Fee Fund in FY 03/04. There is a net savings of $28,346. RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO DION INTERNATIONAL TRUCKS, INC. FOR $221,654 FOR ONE VACUUM SEWER COMBINATION TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO. WHEREAS, on February 21, 2002, the San Diego Regional Water Quality Control Board adopted the new National Pollutant Discharge Elimination Systems (NPDES) permit, Order No. 2001-01; and WHEREAS, in concurrence with NPDES requirements, approved, in the 2003/04 budget, the appropriation of funds for the purchase of one vacuum combination track and equipment; and WHEREAS, the City of Chula Vista is participating in a current City of San Diego bid fxom Dion International Trucks, Inc. for the purchase of one vacuum combination truck; and WHEREAS, the City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, there are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award a Purchase Agreement to Dion International Trucks, Inc. in the amount of $221,654 for one vacuum sewer combination track through a cooperative purchase with the City of San Diego. Presented by Approved as to form by Dave Byers Ann Moore Director of Public Works Operations City Attorney J:Xattomey~resoXAGREEMENTS\Dim lntematimal COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 7/22/0.~ ITEM TITLE: Resolution of the City of'Chula Vista Council waiving the Consultant Selection process and approving the first amendment to the two-party agreement between the City of Chula Vista and RECON for services related to the biological mitigation and maintenance monitoring requirements for the Salt Creek Interceptor Sewer Revegetation Project, and authorizing the Mayor to execute sai~,,~tmendment. SUBMITTED BY: Acting Director of Planning and Buildin. g~ BY: City Managerial*/ (4/5ths Vote: Yes__No X ) REVIEWED The item before the City Council is a request to waive the Consultant Selection process and approve the first amendment to the two-party agreement with RECON for consulting services for an amount not to exceed $57,375, plus the provision of up to $50,000 for Additional Services to cover unforeseen project needs throughout the remaining five years of the agreement, increasing the total maximum agreement amount from $433,629 to $541,004. RECOMMENDATION: That the City Council adopt a Resolution waiving the Consultant Selection process and approving the first amendment to the two-party agreement with RECON for services related to the biological mitigation and maintenance monitoring requirements for the Salt Creek Interceptor Sewer Revegetation Project, and authorizing the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: [lac. k~m'nund The Salt Creek Interceptor Sewer project consists of installation of a 12-mile underground, polyvinyl chloride sewer pipeline ranging from 18 to 42 inches in diameter. This facility will convey sewage flow fi'om the planned mixed-use developments in eastern Chula Vista to the City of San Diego's Metro Interceptor Sewer. Various State and Federal wetland permits have been issued for the Salt Creek Sewer project. These permits require a variety of habitat restoration and recreation conditions to be satisfied, including pre-construction vegetation and topsoil salvaging, post-construction upland and wetland habitat creation and restoration installation, and long-term maintenance, monitoring and reporting. Because in-house staff lacks the expertise to implement habitat restoration 5-! Page 2, Item No.: Meeting Date: 7/22/0.~ requirements, RECON was retained to assist in the implementation of the Agency permit conditions. RECON is currently functioning as the wetland and upland restoration specialist for the City and is conducting the aforementioned activities associated with creating, restoring, and enhancing native wetland and upland habitat, under the direction of the Environmental Review Coordinator. Cnn~nltan/~qervice~ ~Re. lection Proce~ Last Fall, the City was in immediate need of an experienced wetland and upland restoration specialist for the Salt Creek Interceptor Sewer due primarily to a condition of approval from the U.S. Army Corps of Engineers requiring that mitigation for impacts to Waters of the U.S. be initiated prior to December 31, 2002. As such, a Request for Proposals was released on October 3, 2002, with a submittal deadline of October 21, 2002. On October 21, 2002, the City received one proposal for the aforementioned project, which was deemed responsive to the request. On November 26, 2002, the City Council approved the two-party agreement with RECON for this project at a not to exceed cost of $433,629. RECON has performed satisfactorily under the existing two-party agreement. It is staff's recommendation that the City Council waive the City's Consultant Selection process on the grounds that competitive bidding is impractical and that it is in the City's best interest to retain RECON as a consultant to meet the project schedule due to the intimate knowledge and familiarity of the project that RECON has gained as a result of their work on the project to date, because this additional work represents a minor expansion in the scope of work, and because having multiple consultants performing related work within the project area would increase the likelihood of miscommunications and gaps in performance. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. 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. Scope of Work: At the time the City Council approved the two-party agreement, the draft mitigation plans were based on water service being provided from a source at the southern end of the project area. Based on the location of the proposed water source at that time, temporary irrigation was not proposed to extend north of the wetland mitigation area within the extreme southern portion of the project area. Subsequent to Council approval, the mitigation plans have been revised to reflect water service being provided from a source at the northern end of the project area. Based upon this change, the Environmental Review Coordinator has reconsidered the merits of temporarily irrigating the 3.34 acres of upland and wetland habitat creation areas to the north of the southem wetland mitigation area given that the irrigation supply line which has already been installed traverses through these areas. Whenever feasible, it is cOnsidered advantageous to temporarily irrigate habitat creation areas in order to facilitate successful plant establishment. Due to the modified location of the Page 3, Item No.: Meeting Date: 7/22/0~ irrigation supply line and City staff's desire to minimize potential impediments to the successful implementation of the revegetation efforts, it is the opinion of the Environmental Review Coordinator that it would be advantageous as well as cost-effective (based on the location of the irrigation supply line) to temporarily irrigate these areas. The proposed first amendment to the two-party agreement also includes an additional $3,000 for the installation of ultraviolet-protected polyvinyl chloride (PVC) irrigation equipment within the temporary, above-ground irrigated areas identified on the draft mitigation plans upon which the original agreement was based; the draft plans did not specify the requirement for ultraviolet- protected PVC irrigation equipment, which is more expensive than standard PVC equipment. Lastly, the proposed first amendment also includes the provision of up to $50,000 for Additional Services to cover unforeseen project needs throughout the remaining five years of the five-and-one- half-year agreement to be compensated on a time and materials basis. Cnntrnat Payment The total cost of the proposed contract amendment for consulting services is an amount not to exceed $57,375, plus the provision of up to $50,000 for Additional Services to cover unforeseen project needs throughout the remaining five years of the agreement, increasing the total maximum agreement amount fi.om $433,629 to $541,004. ENVIRONMENTAL IMPACT: The Environmental Review Coordinator has determined that the proposed contract amendment 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 proposed contract amendment is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT: Council approval of this resolution will authorize the expenditure of budgeted funds from the Salt Creek Gravity Sewer Interceptor (SW219) project account. The Salt Creek project is being funded with funds from the Trunk Sewer Capital Reserve Fund and the Salt Creek Gravity Basin Development Impact Fee (DlF). Currently, there are sufficient funds in the Salt Creek Gravity Sewer project account to cover the proposed expenditure. Alt~hment 1. Two-Party Agreement Between the City of Chula Vista and RECON Two-Party Agreement between City of Chula Vista and RECON, Consultant for Installation and Biological Monitoring for the Salt Creek Interceptor Sewer Revegetation/Restoration Project This agreement ("Agreement"), dated November 20, 2002, 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 RECON, 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 Salt Creek Intemeptor Sewer is a 12-mile proposed underground, polyvinyl chloride sewer pipeline 18 to 42 inches in diameter. This facility will convey up to 13 million gallons of sewage per day from the planned mixed-use developments in eastern Chula Vista to the City of San Diego's Metro Interceptor Sewer; and Whereas, the City of Chula Vista determined that the proposed Salt Creek Interceptor Sewer would result in significant, adverse environmental effects. As a result, the City prepared an EIR, MMRP and planting plans to mitigate for such impacts; and Whereas, the City of Chula Vista received approval of such mitigation plans from federal and state agencies; and Whereas, the most binding condition states that initiation of such mitigation plans shall begin prior to or on December 31, 2002; and Whereas, the City of Chula Vista prepared a Request for Proposals (RFP) for the scope of work provided in such mitigation plans; and Whereas, the City of Chula Vista received one proposal and evaluated it based on specific Selection Criteria contained in the RFP; and P~el Whereas, the Consultant was selected not only as a result of being the only proposer but also based upon their demonstrated qualifications to perform the services outlined in the detailed scope of work; and Whereas, the 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.) Page 2 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time fi-ames 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. E. Standard of Care Page 3 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 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 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"). Errom 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, Primary Coverage and Cross-liability Coverage required under Consultant's Cormnercial 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. P~e4 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 trrevocable 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 o f 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 fi.om the City and to othenvise comply with Title 5 of the Chula Vista Municipal Code: 2. Duties of the City A. Consultation and Cooperation Page 5 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 objectix(es 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 fi:om 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 l 9 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 o f 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 ifa Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. Page 6 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 fi.om delay in performance. The parties have used their judgment to arrive at a reasonable mount 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 fi.om 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 l 5 of Exhibit A, or if none are specified, then as determined by the City Attomey. 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 ~nterest 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 ~nterests,' 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. Page 7 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 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 Page 8 (including without limitation attomeys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professignals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or o.missions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. P~e9 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work Page 10 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. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the 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 fight 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 l~y the City in Page 11 accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation ora report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States Page 12 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 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. 18. Force Majeure Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the parties' control (including the parties' employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the parties' control. [end of page. next page is signature page.] Page 13 Signature Page to Two-Party Agreement between City of Chula Vista and RECON for the Installation and Biological Monitoring for the Salt Creek Interceptor Sewer Revegetation/Restoration Project 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: //' ,~ ~_~ ,2002 City of Chula Vista Mayor ~ Attest: Susan Bigelow, City Cl~rk Approved as to form: John ~/~ah~t(y, City Attorney Dated: RECON By: ~ -- Charles Bull, President Exhibit List to Agreement Page 14 Exhibit List to Agreement (X) Exhibit A. Exhibit A to Agreement between City of Chula Vista and RECON 1. Effective Date of Agreement: November 26, 2002 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 ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: RECON 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business and Telephone of Consultant: Page 15 1927 Fifth Avenue San Diego, Califomia, 92101-2358 619-308-9333 7. General Duties: Consultant shall provide wetland and upland revegetation/restoration implementation within two mitigation areas, and five years of mitigation, monitoring and reporting services for the Salt Creek Interceptor Sewer project as per the Final Wetland Mitigation and Monitoring Plan and Conceptual Upland Restoration and Monitoring Plan ("Plans") as approved by the following federal and state agencies all to the satisfaction of the City's Environmental Review Coordinator: U.S. Army Corps of Engineers, U.S. Fish and Wildlife Services, California Department offish and Game, and Califomia Regional Water Qaality Control Board ("Agencies"). 8. Scope of Work and Schedule: A. Detailed Scope of Work: i. ILECON shall provide a qualified landscape restoration specialist to evaluate each impact location immediately prior to disturbance. ii. RECON shall provide all necessary equipment, materials and labor required to implement the Plans. iii. RECON shall salvage appropriate plant species prior to construction, particularly cactus, located within the construction footprint of the pipeline and care for them in RECON's nursery facility until the sewer line installation has been completed. iv. RECON shall salvage appropriate plant species fi.om the wetland mitigation site grading area prior to construction. v. RECON shall locally collect native seed appropriate for the habitat types to be restored (approximately 20 pounds per acre) prior to construction. vi. RECON shall grow approximately 3,000 native plants from seed for the mitigation areas. vii. RECON shall use such salvaged species to comply with habitat restoration requirements. Page 16 viii. RECON shall direct the sewer line installation contractor to salvage topsoil, properly store the topsoil, and re-place it over impacted areas following completion of sewer line installation. ix. RECON shall direct and monitor the sewer line installation contractor to decompact temporary access roads as necessary. x. RECON shall grub, clear and grade the southern willow scrub creation area and cismontane alkali scrub enhancement area. xi. RECON shall hydroseed the collected upland seed on approximately 10 acres of disturbed area along the pipeline. Within four weeks following hydroseeding, submit an as-built report to the City to review. Following incorporation of the City's comments and within 6 weeks ofhydroseeding, submit the final report to the City and to the agencies. xii. RECON shall monitor and maintain the 10 acres of upland restoration by supplemental seeding in bare or sparsely vegetated areas and weeding for five years with the goals of having less than 10% cover of invasive non- native plant species. xiii. RECON shall install a temporary irrigation system, as necessary for plant survival over the approximately 0.66-acre southern willow scrub creation and cismontane alkali marsh enhancement areas. xiv. RECON shall prior to planting or seeding, weed the creation and enhancement areas using herbicide or hand tools. xv. RECON shall maintain the mitigation sites during the 120-day plant establishment period by removing weeds and trash, addressing erosion problems, and replacing dead container stock, as necessary, and shall monitor and maintain the mitigation sites for five years subsequent to the 120-day plant establishment period. Maintenance tasks during the five-year period shall include trash removal, weed control, reseeding or replanting bare or too sparsely vegetated areas, and other tasks necessary to achieve the final success criteria. xvi. RECON shall within four weeks following the end of the 120-day monitoring period, submit an as-built report to the City to review. Following incorporation of the City's comments, and within 6 weeks of the Page 17 20 end of the 120-day monitoring period submit the final report to the City and to the agencies. xvii. RECON shall monitor the restoration and enhancement areas as per the requirements of the Agencies to identify and correct any problems needing remedial action, such as erosion, irrigation malfunction, dying plants, etc. xviii. RECON shall quantitatively monitor the restoration and enhancement areas as described in the restoration plans annually, in the spring. The results of which shall be summarized the following quarterly report. xix. RECON shall attend meetings with the City and agencies as required by the City's Environmental Review Coordinator during the implementation and five-year maintenance and monitoring period to ensure that unforeseen problems are properly addressed and that restoration of the area is successful and acceptable to the City and the agencies. xx. RECON shall replace container plants as necessary to achieve 100% survival at the end of the first monitoring year and 80% thereafter for up to 5 years, and/or shall attain 75% cover of native species after three years and 90% cover of native species after five years. RECON will ensure that at the end of five years, non-native plants shall not make up more than 5% of the entire cover of the mitigation site, no more than 5% of the site shall consist of bare ground, and the site shall be free of invasive exotic plant species such as tamarisk. Additional monitoring and maintenance beyond the five years described in this scope of work, if required to meet the goals of cover, survival and the plants surviving for two consecutive years without irrigation, will require additional written authorization from the City. xxi. RECON shall remove the irrigation system when the mitigation site plants have survived for two consecutive years without irrigation. xxii. RECON shall arrange and attend a meeting with the Agencies to review the field site and confirm that the mitigation areas meet the goals at the end of the 5-year monitoring period. xxiii. RECON shall describe the monitoring results for the mitigation sites in a draft annual written repori, submitted to the City by November 1 of each year for five years then incorporate the City's comments into the draft Page 18 report and submit a final report to the City and the appropriate resource agencies by December 30 of each year for five years (2003~2007). B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: October 28, 2002 C. Dates or Time Limits for Delivery of Deliverables: Deliverables No. 1.1 through 1.11: Eleven monthly written progress reports from January through November, 2003 to be submitted to the City within 30 days of site inspection. Deliverable No. 2.1: One Mitigation Site Hfibitat Restoration As-built Report to the City and the Agencies by August 30, 2003. Deliverable No. 3. I: One Pipeline Habitat Restoration As-built Report to the City and the Agencies 30 days following completion of seeding. Deliverable Nos. 4.1 through 4.5: Five Draft Annual Reports to City by November 1 of each year (2003 - 2007). Deliverable Nos. 5.1 through 5.5: Five Final Annual Reports incorporating City comments to City and Agencies by December 30 each year (2003 - 2007). Deliverable Nos. 6.1 through 6.12: Twelve Quarterly written Progress Reports to City in March, June, September of each year (2004 - 2007). D. Date for completion of all Consultant services: Five years from commencement of mitigation monitoring when directed by City staff. This contract may be extended at the sole discretion of the City Council for a one year period, up to five additional years. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commemial General Liability Insurance: $I,000,000. Page 19 ( ) Errors and Omissions insurance: None Required (included in Conunercial 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: A. Conceptual Upland Restoration and Monitoring Plan B. Final Wetland Mitigation and Monitoring Plan C. Department of the Army - 404 permit D. CA Regional Water Quality Control Board - 401 Permit E. CA Department ofFish'and Game - Section 1601 Permit F. U.S. Fish and Wildlife Service - Biological Opinion G. Final Salt Creek Sewer Wetland and Upland Mitigation Revegetation Plans (Constmction documents) 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 e.ach 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 rettuned to the City if the Phase is not satisfactorily completed. If the Phase is Page 20 6-25 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 ora 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 1. $ 2. $ 3. $ ( ) 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 Page 21 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 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) (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 $ 433,629.00 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 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Page 22 Rate Schedule Category of Employee Hourly of Consultant Name Rate Principal Bobbie Stephenson $129.00 Senior Biologist Marc Dodero/Robert MacAller $100.00 Associate Biologist $87.00 Assistant Biologist Brace Hanson $78.00 Research Assistant $52.00 Field Technician $18.00 Field Supervisor $30.00 Field Crew Chief $22.00 Production Supervisor $53.00 GIS Specialist $52.00 (X) Beginning in November 2003, hourly rates may increase up to 3% per year. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ : ( ) Copies, not to exceed $ : ( ) Travel, not to exceed $ : Page 23 ( ) Printing, not to exceed $__: ( ) Postage, not to exceed $__ .' ( ) Delivery, not to exceed $ : ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: _, not to exceed $ : · not to exceed $ : 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910, 619-585~5707. Consultant: Charles Bull, President RECON, 1927 Fifth Avenue San Diego, California, 92101-2358, 619-308-9333. 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. Page 24 ( ) 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: N/A 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Not Applicable 18 Bill Processing: A Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C City's Account Number: SW 219 Page 25 19. Security for Performance Performance Bond, $ Letter o f 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: ( ) Retention Percentage: % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 26 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAWING THE CONSULTANT SELECTION PROCESS AND APPROVING THE FIRST AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON FOR SERVICES RELATED TO THE BIOLOGICAL MITIGATION AND MAiNTENANCE MONITORiNG REQUIREMENTS FOR THE SALT CREEK iNTERCEPTOR SEWER REVEGETATION PROJECT, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AMENDMENT. WHEREAS, the City issued a Request For Proposals and received responses in October 2002 for installation and biological monitoring for the Salt Creek Interceptor Sewer Revegetation/Restoration Project; and WHEREAS, the City and RECON entered into an agreement effective November 26, 2002, whereby RECON agreed to provide wetland and upland revegetation/restoration implementation and five years of monitoring and reporting services for the Salt Creek Interceptor Sewer project as per the Final Wetland Mitigation and Monitoring Plan and Conceptual Upland Restoration and Monitoring Plan ("the Original Agreement"); and WHEREAS, the parties have determined that it is necessary and appropriate to amend the Original Agreement to provide temporary, above-ground irrigation within certain upland and wetland mitigation areas previously identified as non-irrigated areas, to install ultraviolet- protected PVC irrigation equipment where temporary above-ground irrigation will be utilized, and to include the provision for up to $50,000 to cover additional unforeseen project needs throughout the remaining five years of the Original Agreement; and WHEREAS, the parties negotiated the expanded Scope of Work; and WHEREAS, it is in the City's best interest to waive the Consultant selection process for this First Amendment because a competitive process was employed prior to award of the Original Agreement, and the intimate knowledge and familiarity with the project that RECON has gained as a result of their work on the project to date; and WHEREAS, it is also in the City's best interest to waive the consultant selection process because this additional work represents a minor expansion in the scope of work and having multiple consultants performing related work within the project area would increase the likelihood of miscommunications and gaps in performance; and WHEREAS, the parties now desire to amend the Original Agreement to expand the Scope of Work required of RECON to install and maintain temporary above-ground irrigation over an additional 3.34 acres, perform additional weed control associated with an increase in irrigated area, to install ultraviolet-protected PVC irrigation equipment within all temporary, above-ground irrigated areas, and to include the provision for up to $50,000 to cover additional unforeseen project needs throughout the remaining five years of the Original Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the consultant selection process and approves the First Amendment to the Original Agreement between the City of Chula Vista and RECON, for consulting services related to the biological mitigation and maintenance monitoring requirements for the Salt Creek Interceptor Sewer Revegetation/Restoration Project. 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 Approved as to form by Jim Sandoval ~Vloo-re /'/] Acting Director of Planning and Building ~ Attomey/~,,/ .l:Attomey/Reso/Amendment/I~t Amendment RECON 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 First Amendment to the Two-Party6Agreement between City of Chula Vista and RECON, Consultant~ for installation and biological Momitoring of the Salt Creek Interceptor Sewer Revegetation/Res~6ration Project FIRST AMENDMENT TO THE Two-Party Agreement . Between City of Chula Vista and RECON, Consultant, For Installation and Biological Monitoring of the Salt Creek Interceptor Sewer Revegetation/Restoration Project Recitals The First Amendment is entered into effective as of July 22, 2003 by and between the City of Chula Vista ("City") and RECON, with reference to the following Facts: WHEREAS, the City issued a Request For Proposals and received responses in October 2002 for installation and biological monitoring for the Salt Creek Interceptor Sewer Revegetation/Restoration Project; and WHEREAS, the City and RECON entered into an agreement effective November 26, 2002, whereby RECON agreed to provide wetland and upland revegetation/restoration implementation and five years of monitoring and reporting services for the Salt Creek Interceptor Sewer project as per the Final Wetland Mitigation and Monitoring Plan and Conceptual Upland Restoration and Monitoring Plan ("the Original Agreement"); and WHEREAS, the parties have determined that it is necessary and appropriate to amend the Original Agreement to provide temporary, above-ground irrigation within certain upland and wetland mitigation areas previously identified as non-irrigated areas, to install ultraviolet- protected PVC in-igation equipment where temporary above-ground irrigation will be utilized, and to include the provision for up to $50,000 to cover additional unforeseen project ne~ds throughout the remainIng five years of the agreement; and WHEREAS, the parties negotiated the expanded Scope of Work; and WHEREAS, it is in the City's best interest to waive the City's Consultant Selection process for this First Amendment because a competitive process was employed prior to award of the Original Agreement, due to the intimate knowledge and familiarity of the project that RECON has gained as a result of their work on the project to date, because this additional work represents a minor expansion in the scope of work, and because having multiple consultants performing related work within the project area would increase the likelihood of miscommunications and gaps in performance; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required o£RECON to install and maintain temporary above-ground irrigation over an Two-Party Agreement, First Amendment 7/16/03 Page I additional 3.34 acres, perform additional weed control associated with an increase in irrigated area, to install ultraviolet-protected PVC irrigation equipment within all temporaw, above- ground irrigated areas, and to include the provision for up to $50,000 to cover additional unforeseen project needs throughout the remaining five years of the agreement; and NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and RECON agree as follows: 1. Exhibit A, Section 8.A.xiii of the Original Agreement is hereby amended to read: RECON shall install a temporary irrigation system, as necessary for plant survival over the approximately 9.5~ 1.10~acre southern willow scrub~ crcat:~c,n southern willow scrub/mule fat scrub~ and cismontane alkali marsh creation, restoration and enhancement areas, over all irrigated coastal sage scrub (CSS) and southern cactus scrub (SCS) restoration areas identified on "Salt Creek Sewer Phase 4 Wetland and Upland Mitigation/Revegetation Plans," Dudek & Associates, dated January 17, 2003, and approved bv the Director of Plarming and Building's Designee on April 14, 2003 ("Mitigation/Revegetation Plans"), and over an additional 2.90 acres of CSS and SCS restoration areas identified on the Mitigation/Revegetation Plans as non-irrigated. All temporary, above-ground PVC irrigation equipment installed by RECON shall be ultraviolet-protected. 2. Exhibit A, Section 11 .C(1) of the Original Agreement is hereby amended to read: (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 $422,~29.99 $491,004.00 including all Materials, and other "reimburseables" ("Maximum Compensation"). Additional Services authorized by City and performed by Consultant pursuant to Section 1.D. of the Two-Party Agreement shall be compensated on a time and materials basis up to a maximum of $50,000.00. 3. All other terms and conditions of the Original Agreement not modified by this First Amendment remain in full force and effect. Two-Party Agreement, First Amendment 7/16/03 Page 2 SIGNATURE PAGE TO FIRST AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KECON, CONSULTANT City of Chula Vista By Stephen C. Padilla, Mayor Date Consultant: RECON, A ~a Corporation Charles S. Bull, President Date ATTEST: Susan Bigelow, City Clerk Approved as to Form by: Ann Moore, City Attorney Two-Party Agreement, First Amendment 7/16/03 Page 3 COUNCIL AGENDA STATEMENT Item:, ~ Meeting Date: 7/22103 ITEM TITLE: Resolution amending the FY04 budget by appropriating unanticipated Workforce Investment Act 231 (WIA 231) grant augmentation funds in the amount $12,922 to the Library Department budget for expenditures associated with the Chula Vista Literacy Team Center SUBMITTED BY: Assistant City Manager Palmer~ REVIEWED BY: The Chula Vista Literacy Team recently received nntiee of a one-time augmentation to the Workforee Investment Act 231 (WIA 231) Grant award in the amount of $12,922 for the adult literacy program. RECOMMENDATION: That the Council adopt the resolution amending the FY04 Library Department Budget by appropriating $6,042 for personnel costs and $6,880 for supplies and services based on unanticipated Workforce Investment Act 231 (WIA 231) grant revenue in the amount of $12,922 for the literacy program. BOARDS/COMMISSION RECOMMENDATION: NA DISCUSSION: The Chula Vista Literacy Team recently received a one-time a~omentation of $12,922 from the Workforce Investment Act 231 Grant. This grant is designed to prepare adults to enter the workforee. Funds will used to purohase instructional resources, supplies to support the program, and to hire instructional and support staff. FISCAL IMPACT: The one-time grant augmentation, in the amount of $12,922, will be appropriated into the current year Literacy budget. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY04 BUDGET BY APPROPRIATING UNANTICIPATED WORKFORCE INVESTMENT ACT 231 (WIA 231) GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $12,922 TO THE LIBRARY DEPARTMENT BUDGET FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM CENTER WHEREAS, the Chula Vista Literacy Team recently received notice of a one-time augmentation to the WlA 231 Grant award in the amount of $12,922 for the adult literacy program; and WHEREAS, the WlA 231 Grant is designed to prepare adults to enter the workforce; and WHEREAS, the funds will be used to purchase instructional resources, supplies to support the program, and to hire instructional and support staff; and WHEREAS, the one-time grant augmentation, in the amount of $12,922, will be appropriated into the current year literacy budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista amends the FY04 Library Department Budget by appropriating $6,042 for personnel costs and $6,880 for supplies and services based on unanticipated Workforce Investment Act 231 (WlA 231) Grant revenue in the amount of $12,922 for the literacy program. Presented by Approved as to form by David Palmer Ann Moore Deputy City Manager City Attorney J:XAttomey~Reso\Library Literacy Team WlA 231 Grant COUNCIL AGENDA STATEMENT Item ~1 Meeting Date 7/22/03 ITEM TITLE: Resolution Authorizing the levy of special taxes for Fiscal Year 2003-2004 within Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 061, 07M, 08M at the maximum authorized special tax rates applicable to each district and delegating to the City Manager the authority to establish the specific special tax rate applicable.to each parcel provided such tax rate does not exceed the applicable maximum special tax rate authorized to be levied by the City Council. SUBMITTED BY: Director of Engineering ~ REVIEWED BY: City Manage~iJ~.. ~/ (4/5ths Vote: Yes No X ) Fourteen CFDs were established during Fiscal Years 1998-2003. Special taxes must be levied during Fiscal Year 2003-2004 in these districts in order to pay for the maintenance of open space and preserve areas in CFDs 97-1, 97-2, 98-1, 98-2, 98-3, 99-2, 07M, and 08M; and to begin repaying bondholders in CFDs 97-3, 99-1, 2000-1, 2001~1, 2001-2 and 061. RECOMMENDATION: That Council: (1) Authorize the levy of special taxes for Fiscal Year 2003-2004 within Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06I, 07M, 08M at the maximum authorized special tax rates applicable to each district and delegating to the City Manager the authority to establish the specific special tax rate applicable to each parcel provided such tax rate does not exceed the applicable maximum special tax rate authorized to be levied by the City Council; BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background: During Fiscal Years 1998-99, 1999-00, 2000-01, 2001-02 and 2002-03 the following Community Facilities Districts were formed in the Otay Ranch, Sunbow II, San Miguel Ranch and Eastlake areas: Existing CFD's: 1. CFD 97-1: Open Space Maintenance District (Otay Ranch - SPA One, Villages 1 & 5) 2. CFD 97-2: Preserve Maintenance District (Otay Ranch) 3. CFD 97-3: Bond Issue for Acquisition of Public Facilities (Otay Ranch McMillin SPA One) 7-/ Page 2, Item Meeting Date 7/22/03 4. CFD 98-1: Interim Open Space Maintenance District (Otay Project, LLC-OVP, Villages 1 West, 2, 2 West, 6, 7, & Planning Area 12) 5. CFD 98-2: Interim Open Space Maintenance District (McMillin - D.A. America, Otay - SPA Two, Villages 6 & 7) 6. CFD 98-3: Open Space Maintenance District No. 35 (Sunbow II) 7. CFD 99-1: Bond Issue for Acquisition of Public Facilities (Otay Ranch - SPA One, Portions of Village 1, 5 and 1 West) 8. CFD 99-2: Open Space Maintenance District (Otay Ranch SPA One - Village One West) 9. CFD 2000-1: Bond Issue for Acquisition of Public Facilities (Sunbow II Villages 5 - 10) New Districts For Fiscal Year 2003-04: 10. CFD 2001-1: Bond Issue for Acquisition of Public Facilities (San Miguel Ranch - Improvement Areas A and B) 11. CFD 2001-2: Bond Issue for Acquisition of Public Facilities (McMillin Otay Ranch Village 6) 12. CFD 06I: Bond Issue for Acquisition of Public Facilities (Eastlake Woods and Vistas (Improvement Area A) and Eastlake Land Swap (Improvement Area B)) 13. CFD 07M: Maintenance District (Eastlake Woods and Vistas (Improvement Area 1) and Eastlake Land Swap (Improvement Area 2)) 14. CFD 08M: Maintenance District McMillin Otay Ranch Village 6 (Improvement Area I) and Otay Ranch Village 6 (Improvement Area 2) On August 6, 2002, Council adopted Resolution No. 2002-269 (Attachment I), which established the maximum authorized special tax rates for Fiscal Year 2002-03 for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2 and 2000-1, authorized the levy of special taxes on the maximum authorized special tax rates and delegated to the City Manager the authority to establish the specific special tax rate applicable to each parcel. Existing Infrastructure Districts: CFD 97-3 finances improvements in Otay Ranch McMillin SPA One, such as portions of La Media Road and East Palomar Street. Administrative costs for fiscal year 2003-04 for CFD 97-3 are set at $75,000.00 (as given in the bond indenture) and scheduled debt service on the bonds to be paid from the fiscal year 2003~04 levy is $857,700.00. CFD 99-1 finances public improvements in a portion of Otay Ranch Village 1, Village 5 and Village 1 West. The main public facilities included are Olympic Parkway Phases 1 and 2, Pasco Ranchero Phase 2, and East Palomar Street. For CFD 99-I, administrative costs of $75,000.00 (as given in the bond indenture) and scheduled debt service on the bonds of $3,294,948.76 are anticipated during fiscal year 2003 -04. CFD 2000-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, administrative costs for fiscal year 2003-04 are projected to be $50,000.00 (as given in the bond indenture) and scheduled debt service on the bonds is $563,575.00. 7-2 Page 3, Item7/2-l-~2/03 Meeting Date CFD 2001-1 is divided by SR-125 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West), Proctor Valley Road (East/West), Calle La Marina, Pasco Vera Cruz, Calle La Quinta and certain SR-125 interim transportation facilities. Levy of the Special Tax was authorized through adoption of Resolution No. 2001-415 (Attachment 2) on December 4, 2001. For CFD 2001-1 Improvement Area A, administrative costs for fiscal year 2003-04 are projected to be $75,000.00 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $1,036,670.00. No building permits or bonds have been issued for Improvement Area B, as such, there is no levy requirement for fiscal year 2003-04. New Infrastructure Districts: CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc, public facilities improvements and interim transportation facilities. The main facilities include Olympic Parkway, La Media Road, Bimh Parkway, La Media Bridge, east Olympic Parkway Bridge and a Neighborhood Park. Levy of the Special Tax was authorized through adoption of Resolution No. 2002-312 (Attachment 3) on August 13, 2002. For CFD 2001-2, administration costs for fiscal year 2003-04 are projected to be $75,000.00 (per the bond indenture) and scheduled debt service on the bonds is $710,392.08. CFD 06I finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.), public facilities DIF Improvements, Traffic Enhancement Facilities. The facilities include E. Olympic Parkway, W. Olympic Parkway, Otay Lakes Road, EastLake Parkway, Hunte Parkway, Proctor Valley Road Telegraph Canyon Road and traffic signals. CFD 06I is divided into two separate areas, Improvement Area A and Improvement Area B. Improvement Area A is divided into two zones - Zone 1 (Vistas) and Zone 2 (Woods). Improvement Area B (the "Land Swap") is two non-adjacent areas; 1) is the northernmost area being a triangular shape west of EastLake Parkway bound by Otay Lakes Road to the north, and 2) the southermnost area bound to the south by Olympic Parkway with EastLake Parkway projecting north just west of the center of the area. Levy of the Special Tax was authorized through adoption of Resolution No. 2002-361 (Attachment 4) on September 10, 2002. For CFD 06I Improvement Area A, administration costs for Fiscal Year 2003-04 are projected to be $75,000.00 as set forth in the bond indenture and scheduled debt service on the bonds is $2,834,062.50. No building permits or bonds have been issued for Improvement Area B, as such, there is no levy requirement for fiscal year 2003-04. Existing Maintenance Districts: Community Facilities Districts 97-1, 98-1, 98-2 and 99-2 all finance the maintenance of open space within the Otay Ranch development. CFD 97-1, which finances open space maintenance for Otay Ranch SPA One Villages One and Five is broken down into two Special Tax Areas. Area A covers the entire district and includes the maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La Media Road and Olympic Parkway; Telegraph and Poggi Canyon detention basins and Page 4, Item [ Meeting Date 7/22/03 channels; and pedestrian bridges. Area B, which excludes the McMillin development, includes maintenance of connector trails, slopes and perimeter walls or fences along major streets in the district. A budget for fiscal year 2003~04 has been prepared for this district which totals $265,943.60 for Area A and $186,345.03 for Area B. CFD 97-2 finances maintenance and biological monitoring of the preserve created in the Otay Ranch area. The County of San Diego has taken the lead in maintaining this area in cooperation with the City. No maintenance or monitoring costs were incurred during fiscal years 1998-99 through 2001~02. However, work commenced during fiscal year 2002-03. This district was established with two Special Tax Areas. Special Tax Area A contains Otay Ranch SPA One Villages One and Five. Special Tax Area B contains the remainder of the district. During fiscal year 1999-00 Otay Ranch SPA One - Village One West annexed into Special Tax Area A from Special Tax Area B. And during fiscal year 2002-03 a Special Tax Area C was created and contains Village 11 (Brookfield Shea). For fiscal year 2003-04, a budget of $171,100 has been prepared for this district. CFD's 98-1 and 98-2 were set up as interim districts because the areas of Otay Ranch included in these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for the financing of a portion of the cost of the maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Ranchero and Olympic Parkway and Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centedine of Olympic Parkway south to the District boundary. A total budget of $73,316.00 for CFD 98-1 is projected for fiscal year 2003-04. None of the improvements in CFD 98-2 are expected to be turned over to the City for at least two years, so special taxes will not be levied within this district for fiscal year 2003-04. A portion of CFD 98-2 has been taken over by a new permanent maintenance district, CFD 08M, which is discussed later in the Agenda. The remaining area is still covered by CFD 98-2. Community Facilities District 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, and drainage channels and basins, and biological monitoring of native and re-vegetated open space. A total budget of $496,141.38, with a revenue requirement (including reserves) of $432,618.38 was projected for fiscal year 2003-04 for this district, based on the improvements that staff anticipated accepting over a two-year period. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 from the centerline of Olympic Parkway north to Telegraph Canyon Road. A new total budget of $461,075.11 is projected for fiscal year 2003-04. The Community Facilities Disthct Reports for CFDs 97-1, 97-2, 98-1, 98-3 and 99-2 require the establishment of a reserve in the funds established for each district of up to 100 pement of the total Page 5, Item Meeting Date 7/22/03 annual operating fund budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. A 50 percent reserve has been provided in each of these CFDs by including an additional 50 percent of the fiscal year 2003-04 budget. The reserves should provide sufficient funding through December 31, 2004. Additional reserves may be realized depending on the schedule for accepting landscaping improvements. New Maintenance Districts: Community Facilities District 07M funds the perpetual operation and maintenance of slopes, medians, and parkways and storm water treatment facilities associated with Eastlake III - Woods and Vistas and Land Swap Parcel (south parcel only). The boundaries of the district consists of two improvement areas - Improvement Area No. 1 (located north and south of Otay Lakes Road with Hunte Parkway forming the eastern border north of Otay Lakes Road and Wueste Road forming the western border south of Otay Lakes Road) and Improvement Area No. 2 (Land Swap - generally located north of Olympic Parkway west of the future SR 125 and east of the SDG & E easement). Levy of the Special Tax was authorized through adoption of Resolution No. 2002-314 (Attachment 5) on August 13, 2002. The initial budgets are estimated to be approximately $520,590.00 for Improvement Area No. 1 and $114,109.50 for Improvement Area No. 2. Community Facilities Disthct 08M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. Improvement Area No. 1 is located north of Birch Road, south of Olympic Parkway, west of SR 125 (a future road), and east of La Media Road. Improvement Area No. 2 is generally located in two areas. The first area is located east of La Media Road, north of Birch Road, west of Magdalena Avenue, west of properties located on Trail Wood Drive, and south of Santa Venetia Street. The second area is located south of Olympic Parkway, east of the properties located on Oak Point Drive, north of Santa Venetia Street, north of Magdalena Avenue, and north of East Palomar Street. Levy of the Special Tax was authorized through adoption of Resolution No. 2002-436 (Attachment 6) on November 5, 2002. The initial budgets are estimated to be approximately $606,282.00 for Improvement Area No. 1 and $374,502.00 for Improvement Area No. 2. Fiscal Year 2003-04 Rates: According to the Rate and Method of Apportionment for CFDs 97-1, 97-2, 98-1, 98-3 and 99-2, the Maximum Special Tax Rates (See Tables) for each fiscal year after the initial year shall be increased or decreased by the lesser of the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January. The CPI increase between the second half of 2001 and the second half of 2002 was approximately 3.96%, while the estimated California Fourth Quarter Per Capita Personal Income increase was 1.51%. Staff used the California Fourth Quarter Per Capita Personal Income index (1.51%), which is the lesser of the annual percentage change. Page 6, Item ~ Meeting Date 7/22/03 According to the Rate and Method of Apportionment for CFDs 07M and 08M, the Maximum Special Tax shall be increased each fiscal year beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index. The CPI increase between the second half of 2001 and the second half of 2002 was approximately 3.96%. The maximum authorized and Projected Annual Special Tax rates for all Community Facilities Districts are given below. Square footage (SF) refers to building floor area, dwelling unit (DU) refers to the number of homes on a lot or parcel and acreage refers to the total lot size. For CFD 98-3, a single family dwelling unit is equivalent to one EDU. Costs are spread to multiple family units on the basis of 0.8 EDUs per unit for street medians and parkways and 1.0 EDUs per unit for all other facilities in the CFD. The fiscal year 2003-04 actual special tax rates are projected at this time due to the large volume of building permit activity within the City of Chula Vista and large volume of subdivision activity in the county of San Diego. Staff proposes that the City Manager be authorized to modify the projected annual special tax rates based on actual square footage and acreage provided such annual special tax rates do not exceed the maximum authorized special tax. Since the rates have been rounded, actual revenue may be slightly different. Maps are provided for all districts in Attachment 7. The final Special Tax Levy Reports will include a list of all parcel numbers and charges applicable to each parcel. The valid parcel numbers cannot be known for certain until after the special taxes have been submitted to the County for inclusion on the County property tax bills. The final reports will be prepared in August. NO t?Je. 7 (7-7 Page 7, Item Meeting Date 7/22/03 Community Facilities District No. 97-1 (Otay Ranch Open Space Maintenance) I FY 2003-04 FY 2002-03 FY 2002-03 FY 2003-04 Projected FY 2003-04 Actual Max Special Estimated LandCategory Use Max Tax Special Rate Special Rate Tax Tax Rate Special Rate Tax Revenue Special Tax Area A: Residential $0.0929/SF $0.0626/SF $0.0943/SF $0.0300/SF ~ Non-Residential $1,257.76/Acre $847.47/Acre $1,276.75/Acre $454.36/Acre Vacant $1,422.82/Acre $0.00/Acre $1,444.30/Acre $0.00/Acre Estimated Revenue Special Tax Area A: $265,944 Special Tax Area B: Residential $0.2175/SF $0.0614/SF: $0.2208/SF $0.0295/SF Non-Residential $2,792.82/Acre $788.05/Acre $2,834.99/Acre $378.77/Acre Vacant $3,158.15/Acre $0.00/Acre $3,205.84/Acre $0.00/Aere Estimated Revenue Special Tax Area B: $186,345 Page 8, Item ~/}~ Meeting Date 7/22/03 Community Facilities District No. 97-2 (Otay Ranch Preserve) Land Use FY 2002-03 FY 2002-03 FY 2003-04 Max Special Actual FY 2003-04 Projected FY 2003-04 Max Special Estimated Category Tax Rate Special Tax Special Tax Rate Tax Rate Rate Revenue Improvement Area A: Residential $0.0140/SF $0.0009/SF $0.0142/SF $0.009/SF ~~ Non-Residential $225.93/Acre $15.26/Acre $229.34/Acre $145.36/Acre Final Map $225.93/Acre $0.00/Acre $229.34/Acre $0.00/Acre Vacant $145.81/Acre $0.00/Acre $148.02/Acre $0.00/Acre Improvement Area B: Vacant $56.35/Acre $0.00/Acre $57.20/Acre $0.00/Acre ~ Improvement Area C: Residential $0.0140/SF Not Applicable $0.0146/SF $0.009/SF~ ~ Non-Residential $225.9278/Acre Not Applicable $234.8745/Acre $145.36/Acre ~ Final Map $225.9278/Acre Not Applicable $234.8745/Acre $0.00/Acre Vacant $145.8143/Acr¢ Not Applicable $151.5885/Acre . $0.00/Acre Estimated Revenue: $106,020 Page 9, Item ! Meeting Date 7/22/03 Community Facilities District No. 97-3 (Otay Ranch McMillin - Bond Issue) Maximum FY 2002-03 FY 2003-04 FY 2003-04 Land Use Category Special Tax Actual Special Projected Special Estimated Rate Tax Rate Tax Rate Revenue Residential $0.3920/SF $0.3076/SF $0.3345/SF ~~ Commercial $4,000/Acre $3,138.78/Acre $3,413.26/Acre Community Purpose Facility $1,000/Acre $784.69/Acre $853.32/Acre Undeveloped $7,954/Acre $0.00/Acre $0.00/Acre Property Owner Association Property $7,954/Acre $0.00/Acre $0.00/Acre Estimated Revenue: $855,161.98 Community Facilities District No. 98-1 (Otay Project Interim Open Space Maintenance) FY 2002-03 FY 2003-04 FY 2002-03 FY 2003-04 FY 2003-04 Land Use Max Special Actual Projected Category Tax Rate Special Tax Max Special Estimated Tax Rate Special Tax Revenue Rate Rate Taxable Property $113.34/Acre $17.10/Acre $115.05/Acre $68.79/Acre $73,316.00 Community Facilities District No. 98-2 (Otay Project Interim Open Space Maintenance) FY 2002-03 FY 2003-04 FY 2002-03 FY 2003-04 FY 2003-04 Land Use Max Special Actual Projected Special Tax Max Special Estimated Special Tax Category Tax Rate Tax Rate Revenue Rate Rate Taxable Property $52.29/Acre $0.00/Acre $53.0807/Acre $0.00/Acre $0.00 Page 10, Item ~ Meeting Date 7/22/03 Community Facilities District No. 98-3 (Sunbow II Open Space Maintenance District No. 35) FY 2002-03 FY 2003-04 FY 2002-03 FY 2003-04 FY 2003-04 Land Use Max Special Actual Projected Category Tax Rate Special Tax Max Special Estimated Tax Rate Special Tax Revenue Rate Rate Residential $382.79/EDU $313.07/EDU $388.57/EDU $269.38/EDU ~ Industrial $2,983.68/Acre $2,440.24/Acre $3,028.74/Acre $2,099.71/Acre Commercial $3,340.27/Acre $2,731.96/Acre $3,390.71/Acre $2,350.65/Acre Undeveloped $2,287.23/Acre $0.00/Acre $2,321.77/Acre $0.00/Acre ~ Estimated Revenue: $496,141.38 Page 11, Item / Meeting Date 7/22/03 Community Facilities District No. 99-1 (Otay Ranch SPA One - Bond Issue) Maximum FY 2002-03 FY 2003-04 FY 2003-04 Land Use Category Special Tax Actual Special Projected Special Estimated Rate Tax Rate Tax Rate Revenue Zone A (Village 1): Residential $0.28/SF $0.28/SF $0.28/SF ~ Commercial $1,600/Acre $1,600/Acre $1,600/Acre Commurdty Purpose Facility $400/Acre $400/Acre $400/Acre Zone B {Village 5): Residential $400/DU + $400/DU + $400/DU + ~ $0.29/SF $0.29/SF $0.29/SF Commercial $3,717/Acre $ 3,717/Acre $3,717/Acre Community Purpose Facility $929/Acre $929/Acre $929/Acre Zone C {Village 1 West): Residential $400/DU + $400/DU + $400/DU + ~ $0.44/SF $0.44/SF $0.44/SF Commercial $4,266/Acre $4,266/Acre $4,266/Acre Community Purpose Facility $1,066/Acre $1,066/Acre $1,066/Acre Entire District: Undeveloped $8,864/Acre $6,077.22/Acre $4,151/Acre ~ Property Owner $8,864/Acre $0.00/Acre $0.00/Acre , Association Property Estimated Revenue: $3,332,605.77 Page 12, Item [ Meeting Date 7/22/03 Community Facilities District No. 99-2 (Otay Ranch SPA One Village 1 West Open Space Maintenance) 2002-03 FY 2003-04 I Land Use FY 2002-03 FY 2003-04 .... I FY 2003-04 Max Special Actual rrolecteo ~ . , Category Special Tax Max Special .... I ,.stlmateu special lax Tax Rate Rate Tax Rate Rate ]Revenue Residential $0.3883/SF $0.3883/SF $0.3942/SF $0.2681/SF Undeveloped $4,788.75/Acre $2,977.63/Acre $4,861.06/Acre $0.00/Acre Estimated Revenue: $461,075.1 Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10 - Bond Issue) Maximum FY 2002-03 FY 2003-04 Estimated Land Use Category Special Tax Actual Special Projected Special Revenue Rate Tax Rate Tax Rate Residential $0.4400/SF $0.4400/SF $0.4400/SF ~ Undeveloped $7,851.00/Acre $3,689.01/Acre $110.67/Acre ~ Property Owner ~ $7,851.00/Acre $0.00/Acre $0.00/Acre ~ Association Property Estimated Revenue: $594,366.17 Page 13, Item ~/ Meeting Date 7/22/03 Community Facilities District No. 2001-1 (San Miguel Ranch - Bond Issue) Maximum FY 2002-03 FY 2003-04 FY 2003-04 Land Use Category Special Tax Actual Special Projected Special Estimated Rate Tax Rate Tax Rate Revenue Improvement Area A: Residential $475/DU + $475/DU + $475/DU + ~ $0.34/SF $0.34/SF $0.34/SF Commercial $5,091/Acre $5,091/Acre $5,091/Acre Undeveloped $10,376/Acre $4,580.73/Acre $6,254.36/Acre Estimated Revenue Improvement Area A: $1,082,771.37 Improvement Area B: Residential $475/DU + $0.00/DU + $0.00/DU + ~ $0.32/SF $0.00/SF $0.00/SF Commercial $5,091/Acre $0.00/Aere $0.00/Aere Undeveloped $4,578/Acre $0.00/Acre $0.00/Acre Estimated Revenue Improvement Area B: $0.00 Community Facilities District No. 2001-2 (McMillin Otay Ranch- Village Six - Bond Issue) Maximum FY 2002-03 FY 2003-04 FY 2003-04 Land Use Category Special Tax Actual Special Projected Special Estimated Rate Tax Rate Tax Rate Revenue Residential $440/DU + $440/DU + ~ $0.34/SF Not Applicable $0.34/SF Non-Residential $11,365.00/Acre Not Applicable $11,365.00/Acre Undeveloped $11,365.00/Acre Not Applicable $9,411.66/Acre Estimated Revenue: $710,392.08 Page 14, Item '[ Meeting Date 7/22/03 Community Facilities District No. 06-I (Eastlake - Woods, Vistas and Land Swap - Bond Issue) Maximum FY 2002-03 FY 2003-04 FY 2003-04 Land Use Category Special Tax Actual Special Projected Special Estimated Rate Tax Rate Tax Rate Revenue Improvement Area A Zone 1 (Vistas): Residential $0.5800/SF Not Applicable $0.5800/SF ~ Commercial $6,000/Acre Not Applicable $6,000/Acre Hotel Property $6,000/Acre Not Applicable $6,000/Acre Undeveloped $11,037/Acre Not Applicable $8,277.75/Acre Improvement Area A Zone 2 (Woods}: Residential $0.6700/SF Not Applicable $0.6700/SF ~ Commercial $6,000/Acre Not Applicable $6,000/Acre Undeveloped $8,332/Acre Not Applicable $6,249/Acre Estimated Revenue Improvement Area A (Zones 1 and 2): $2,841,850.53 Improvement Area B Zone 3 (Land Swap}: Residential $0.7400/SF Not Applicable $0.00/SF ~ Commercial $6,000/Acre Not Applicable $0.00/Acre Undeveloped $20,563/Acre Not Applicable $0.00/Acre Improvement Area B Zone 4 (Land Swap}: Residential $0.7400/SF Not Applicable $0.00/SF ~ Commercial $6,000/Acre Not Applicable $0.00/Acre Undeveloped $6,667/Acre Not Applicable $0.00/Acre Estimated Revenue Improvement Area B (Zones 3 and 4): $0.00 Page 15, Item ! Meeting Date 7/22/03 Community Facilities District No. 07-M (Eastlake III - Woods, Vistas and Land Swap - Open Space Maintenance) FY 2002-03 FY 2002-03 FY 2003-04 Land Use Max Special Actual FY 2003-04 Projected FY 2003-04 Category Tax Rate Special Tax Max Special Estimated Rate Tax Rate Special Tax Rate Revenue Improvement Area 1: Residential $0.1070/SF Not Applicable $0.1112/SF $0.1112/SF Multi-Family $0.1070/SF Not Applicable $0.1112/SF $0.1112/SF Non-Residential $1,396.57/Acre Not Applicable $1,451.8742/Acre $1,451.8742/Acre FinalMap $1,396.57/Acre Not Applicable $1,451.8742/Acre $1,451.8742/Acre Other Taxable $1,396.57/Acre Not Applicable $1,451.8742/Acre $379.52/Acre Property Assoc. Property $1,396.57/Acre Not Applicable $1,451.8742/Acre $0.00/Acre Estimated Revenue Improvement Area 1: $520,590.00 Improvement Area 2: Residential $0.0700/SF Not Applicable $0.0700/SF $0.0700/SF ~ Multi-Family $0.0700/SF Not Applicable $0.0700/SF $0.0700/SF Non-Residential $386.7800/Acre Not Applicable $386.7800/Acre $386.7800/Acre Final Map $1,054.95/Acre Not Applicable $1,054.95/Acre $1,054.95/Acre Other Taxable $1,054.95/Acre Not Applicable $1,054.95/Acre $949.65/Acre ~ Property Assoc. Property $1,054.95/Acre Not Applicable $1,054.95/Acre $0.00/Acre Estimated Revenue Improvement Area 2: $114,109.50 '7 Page 16, Item Meeting Date 7/22/03 Community Facilities District No. 08-M (Village 6, McMillin Otay Ranch and Otay Ranch - Open Space Maintenance) FY 2003-04 Land Use FY 2002-03 FY 2002-03 FY 2003-04 FY 2003-04 Category Max Special Actual Projected Tax Rate Special Tax Max Special Special Tax Estimated Revenue Rate Tax Rate Rate Improvement Area 1: Residential $0.3500/SF Not Applicable $0.3639/SF $0.3639/SF Multi-Family $0.2580/SF Not Applicable $0.2682/SF $0.2682/SF Non-Residential $2,188.56/Acre Not Applicable $2,275.23/Acre $2,275.23/Acre Final Map $5,806.46/Acre Not Applicable $6,036.3958/Acre $6,036.3958/Acre Other Taxable - Residential $5,806.46/Acre Not Applicable $6,036.3958/Acre $4,831.52/Acre Other Taxable - Multi-Family $5,405.42/Acre Not Applicable $5,619.4746/Acre $4,495.58/Acre Other Taxable - Non-residential $2,188.56/Acre Not Applicable $2,275.2270/Acre $1,820.18/Acre Property Assoc. $5,806.46/Acre Not Applicable $6,036.3958/Acre $0.00/Acre Property Estimated Revenue Improvement Area 1: $606,282.00 Improvement Area 2: Residential $0.1800/SF Not Applicable $0.187I/SF $0.1871/SF ~ Multi-Family $0.1800/SF Not Applicable $0.1871/SF $0.1871/SF Non-Residential $3,727.31/Acre Not Applicable $3,874.9115/Acre $3,874.9115/Acre FinalMap $3,727.31/Acre Not Applicable $3,874.9115/Acre $3,874.9115/Acre ~ Other Taxable $3,727.31/Acre Not Applicable $3,874.9115/Acre $78.93/Acr~ Property Assoc. Property $3,727.3 I/Acre Not Applicable $3,874.9115/Acre $O.O0/Acre Estimated Revenue Improvement Area 2: $374,502.00 -7-/7 Page 17, Item / Meeting Date 7/22/03 FISCAL IMPACT: Projected budget expenditures total $3,692,190 for all open space maintenance CFDs for fiscal year 2003-04, excluding reserves and current fund balances. Thc scheduled debt service on bonded districts will be $857,700 for CFD 97-3, $3,294,949 for CFD 99-1, $563,$75 for CFD 2000-1, $1,036,670 for CFD 2001-1 Improvement Area A, $710,392.08 for CFD 2001-2, and $2,834,062 for CFD 06-I for fiscal year 2003-04. The projected revenues will be sufficient to cover this amount. The General Fund will bc reimbursed up to an estimated $660,551 for City staff services performed for all maintenance CFDs during fiscal year 2003-04. Attachments: 1. Resolution 2002-269 2. Resolution 2001-415 3. Resolution 2002-312 4. Resolution 2002-361 5. Resolution 2002-314 6. Resolution 2002-436 7. Maps for all CFDs J:~Engineer\ASSES SMENT DISTRICTS\Amy~AGENDA_CFDRates0304.doc ATTACHMENT - RESOLUTION NO. 2002-269 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2002/2003 WITH]N COM1VRJNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-3, 99-1, 99-2, 2000-1 AND 2001-1 AT ~ MAXIMUM AUTHOI~.n SPECIAL TAX RATES APPLICABLE TO EACH DISTRICT, AND DP.L~.GATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIFIC SPBCIAL TAX RATE APPLICABLE TO EACH PARCEL SO LONG AS SUCH TAX RATE DOES NOT EXCF.,BD THE APPLICABLE MAXl)dUM SPECIAL TAX RATE AUTHORIZP. D TO BE LEVIED BY THE CITY COUNCIL WHEREA~, the nmximum Special Tax rates for Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-3, 99-1, 99-2, 2000-1 and 2001-1 authorized, pm~mnt to the approved rate and method of apportionmant of special taxes for each respective community facilities district, to be levied wjthln each such commHllity facilities district for Fiscal Year 2002/2003 are set for~ in Exhibit A, attached hereto and ~ntted herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities DisU-icts Nos. 97-1, 97-2, 97-3, 98-1, 98-3, 99-1, 99-2, 2000-1 and 2001-1 in Fiscal Year 2002/2003 at the rates as sct forth in Exhibit A hey:to and to delegate to and designate thc City Manager ns the official to prepare a certified list of all parcels subject to the Special Tax levy for each commullity facilities district inclmiing the amount of such Special Tax to be levied on each parcel for Fiscal Year 2002/2003 as authorized by Govemment Code Section 53340. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista, acting as the legislative body of Community Facilities Districts Nos. 97-1, 9%2, 97-3, 98-1, 98-3, 99-1, 99-2, 2000-1 and 2001-1 respectively, as follows: SECTION 1. The foregoing recitals are m~e and correct. SECTION 2. This City Council does hereby establish the maximum Special Tax rates that may be levied for Fiscal Year 2002/2003 in Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-1, 98-3, 99-1, 99-2, 2000-1 and 2001-1 as the rates set forth in Exhibit A attached hereto. SECTION 3. Pul~mnt to Government Code Section 53340, this City Council hereby delegates the authority to and designatos the City Manage~ as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities districts to which this resolution applies including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2002/2002 and to file such list with thc auditor of the County of San Diego on or before August 10, 2002 or such later date on or before August 21, 2002 with the prior written consent of such auditor. The amount of the Special Tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and .~hall not exceed thc maximum Special Tax as set forth in Exhibit A hereto applicable to the community facilities district in which such parcel being taxed is located. Resolution 2002-269 Page 2 Presented by Approved as to form by PASSED, APPROVED, and ADOPTED by thc City Council of the City of Chula Vista, California, this 6th day of August, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembcrs: None Shirley Horton~ayor ATTEST: Susan Bigelow, City STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby ccu'tify that the foregoing Resolution No. 2002-269 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6ih day of August, 209.2. Executed this 6th day of August, 2002. Susan Bigelow, City Clerk ~IT A FY02-03 MAXIMUM RATES FOR CFDS CFI) 97-10tay R~eh Ope~ Slme. e MMntemmee Cate~ry FY2001..02 FY2002.4~3 Maximum MnMmum Area A ! $0.09b~/~-~F $0.0929/SF ~ ~ Non** $12~.79/A $12~?.?6/Acre ~ A Vnc~nt $1466.~7/A $1422.82/Acre ~ B $0.22434F $0.2175/SF A_,*~a B Non- $"Y879.49/A $2792.82/Acr~ ,~*~a B Vncant $32~6.16/A $3155.1 $/Acr~ CFI) 97-2 Otay Ranch PFeseFve Category FY 2001-02 l~ 2002-03 Maflmum Maximum Ar~ A: $0.0144/SF $0.0140/SF Re~ide~i~l Non- $232.93/Acre $225.93/Acre Residential Final Map $2~2.93/Acre $225.93/Acre Vacant $150.33/Acre $145.$1/Acre r~ret B~ 558.10/Acre $56.35/Acre Vacant 7-Z - CFD 97-3 Olay Ranch MeMillin Bo~d Issue Residential $0.392/SF Commercial $4000/Acre Community Propose $1000/Acr~ Faci y Undeveloped $7954/Acre 0Sm~.-~tricted) Undeveloped $7954/Acre (R. cstricted) l~ropcrty Owner $?~54/Acrc CFI} 98-10~y l~ojeet ~ O!~ ,~lmee Category FY 2001-02 FY 2002-03 Taxnble Land $116.8$/Acr~ $113.34/Acre CFD 98-3 Open Slmee Malnl~mnnee Dt~riet No. 35 - Sunhow H Category FY 2001-02 1~ 2002-03 Ms~nmm Maximum Residential $394.66/EDU $382.79/EDU Industrial $3076.28/Acre $2983.68/Acre Commercial $3443.93/Acre- $33.40~27/Acre Undeveloped $2358.2 l/Acre* $2287.23/Acr~ Undeveloped- N/A N/A Extraordinary - Special Tax ._ CFI) 99-1 Omy Ranch SPA One Bond Issue C~__f~o~ Fy ' Maximum zoNE A Vmqe 1 Residenliat $0.28/SF Comme~ial $1600/Ac~ Facility ZONE B Vilhge 5 RmMemial $400 + $0.29/5F Comme~cia~ $3?lT/Acr~ Community Purpose $929/Acre F~ci~ty ZONE C Village 1W~t R~idential $400 + $0.44/SF Cornme~ial $4266/Acre Commu~ityPurpo~e $~066/Acr~" Facility Und~v¢lopzd $8864/Acre Propmy Owner Sg864/Acre CFD 99-20ta~ Ranch SPA One Vills~e I We~t Category FY 2001-02 FY 2002-03 Maximum .M, mrimn~m ~ Residential $0.4004/SF $0.3883/SF Vacant , $4937/Ac~ $4798.75/Acr~ CFD 2000-1 Snnbow ii Vlllng~ 5 through 11 ~.~? Category -' Maximum Realde~ia] $0.44/SF Undated $TS~l/Ac~e Association CFD 2001-1 San Mlguel Ranch Category Maximum Improvement Area A Land Use Class I - $475.00 per unit plus R~idmtial $0.34/SF floor aroa ~.~ Land Use Class 2 - Commercial $5091/Acre Land Use Class 3 - Undeveloped $ l~376/Acre Improvement Area B Land Use Class I - $475.00 per unit plus Residential $0.32/SF floor ar~a Land Use Class 2 - $$091/Acre Commercial Land Use Clnss 3 - $4578/Acre Undeveloped ?-2¥ ,~TTACHMENT ~'~ RESOLUTION NO. 2001-415 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2001-01 (SAN MIGUEL RANCH), DESIGNATING IMPROVEMENT AREAS THERRIN AND AUTHOI~IZrlqG SUBMITTAL OF LEVY OF SPECIAL TAXES V~H'HIN EACH SUCH IMPROVEMENT AREA TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the City Council has previously declared its intention to form a community facilities district and to designate improvement arms (each, an "Improvement Area") therein and ordered the preparation of a Special Tax Report relating to the initiation of proceedlng~ to create such community facilities distr/ct pursuant to the t=,,,,s and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Pan l, Division 2, Title 5 of thc Governracnt Code of the State of Cal/fornia (the "Act") and thc City of Chula Vista Community Facilities D/sir/ct Ord/nance enacted pursuant to thc powers reserved by thc City of Chula Vista under Sections 3, $ and 7 of Article XI of the Constitution of the State of Califorrfia (the "Ordinance") (the Act and the Ordinance may be referred to collectively as thc "Community Facilit/es D/sh-ict Law"). This community fac/lities district shall hereinafter be referred to as COMYU~T¥ F^CmlTW_.S OISTRJCT NO. 2001-01 (S,~q MZGUEL ~'qCH) (the "District"); and Vv'rIEREAS, notice of a public heating relating to the establishment of the D/strict, the extent of the District, the designation of the hnprovenaent Areas within the D/strict, the financhlg of certain types of public facilities and all other related matters has been given, and a Commurfity Facilities District Report, as ordered by this City Council, has been presented to this City Council and bas been made a part of the record of the hearing to establish such D/strict; and WHEREAS, all communications relating to the establishment of the District, the designation of the Improvement Areas within the District, the financhag of certain types of public facilities and the proposed rate and method of apportionment of special tax have been presented, mad it has further been determined that a majority protest as defined by law has not been received agahst these proceedings; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing with/n the territory of each Improvement Area of the District for at least thc precedin~ ninety (90) days, the authorization to levy special taxes within each Improvement Az'ca of thc District shall be subnfitted to the landowners of each such Improvement Area, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DETERIVIINATIONS. It is hereby determined by this City Council that: A. All pr/or procoed/ngs perta/n/ng to the formation of thc Distr/ct and designation of thc Improvement Areas were valid and taken in conformity with thc requirements of thc law, and specifically the provisions of the Community Facilities D/strict Law, and that this Resolution 2001-415 Page 2 finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied within each Improvement Area of the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended; provided, however, the City Council has granted an exception to the requirements of such Goals and Policies as they p~ain to certain of the facilities authorized to be financed by the District. D. Less than twelve (12) registered voters have resided within the territory of each Improvement Area within the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of each of the Improvement Areas within the District shall be the landowners of such Improvement Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereot~ shall have one vote for each acre or portion of an acre of land that she or he owns within such Improvement Are~ E. The time limit specified by the Community Facilities District Law for conducting an election to submit thc levy of the special taxes to the qualified electors of each Improvement Area of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of each such Improvement Area. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the Dish'ict. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities Dislxict Report for the Disl~ict (the "Report"), aa now submiaed by McGill Martin Self, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all t~,'~ls and contents are approved as set forth therein. SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 2001-01 (SAN MIGUEL RANCH)." SECTION 5. BOUNDARIES OF DISTRICT AND IMPROVEMENT AREAS. The boundaries of the Disllict and each oftbe Improvement Areas are generally described as follows: Resolution 2001-415 Page 3 All property wjthln the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2001-01 (SAN MIGUEL RANCH), as shown on a boundary map as previousiy approved by this legislative body, such map designated by the name of this Dislzict., a copy of which is on 61c in the Office of thc City Clerk. The boundary map of thc proposed Dishict and thc Improvement Areas therein has been filed pursuant to Sections 3111 and 3t13 of the Sheets a~d Highways Code of the State of California in thc Office of the County Recorder of the County of San Diego, at Page 35 of Book 43 of the Book of Maps of Assessment and Community Facilities Districts, Recorder Document Number 2001-0727839, for such County. SECTION 6. DESIGNATION OF IMPROVEMENT AREAS. For purposes of financing of, or contributing to thc financing of the types of facilities described in Section 7 below, this City Council, acting pursuant to Government Code Section 53350, hereby designates portions of the District as the following Improvement Areas as shown on the Boundary Map of thc District: IMPROVEMENT AREA A IMPROVEMENT AREA B SECTION7. DESCRIPTION OF TYPES OF FACILITIES AUTHORIZED TO BE FINANCED. A general description of the types of public facilities which this legislative body is authorized by law to construct, own or operation, which arc thc types of facilities proposed to be financed under these proceedings, arc generally described in Exhibit A attached hereto and incorporated herein by this reference. The types of facilities as above-described arc facilities which the City Council is authorized by law to contn'bute revenue to or to construct, own or operate. It is hereby further determined that thc proposed types of facilities are necessary to meet increased demands placed upon the City as a result of development occurring within the District, and the costs and expenses charged to this District represent thc fair share costs of the facilities attributable to this District and the Improvement Areas therein. For a full and complete description of such types of facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above descn'bed types of facilities, the financing of those incidental expenses described in thc Report are also approved and authorized. SECTION 8. SPECIAL TAX. Except where funds are otberwisc available a special tax, secured by recordation of a continuing lien against all non-exempt real property in each of the Improvement Areas within the proposed Disizict, is hereby authorized, subject to voter approval, to be levied within thc boundaries of each such Improvement Area. For particulars as to the rate and method of apportioumant of the special tax proposed to be levied within each Improvement Area, reference is made to the attached and incorporated Exhibit "B" (the "Special Tax Formulas"), which s~ts forth in sufficient detail thc method of apportionment of the special tax applicable to each Improvement Area to allow each landowner or resident within such Improvement Area to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described types of facilities, to pay debt service on bonds issued by the District for each Improvement Area to assist in financing 7 27 Resolution 2001-415 Page 4 such types of facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds, thc District and each respective Improvement Area. The special taxes herein authorized, to thc extent possible, shall be collected in the same manner as ad valorom property taxes and shall be subject to thc same penalties, procedure, sale and lien priority in any case of delinquency as applicable f~r ad valorem taxes; provided, however, thc District may utilize a direct billing procedure for any special taxes that cannot be collected on thc County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within an Improvement Area used for private residential purposes be increased as a consoquenco of delinquency or default by the owner of any other parcel or parcels within such Improvement Area by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formulas. Upon recordation of a Notice of Special Tax Lien pursuant to Scction 3114.5 of the Streets and Highways Code of the State of California against the property within each Improvement Area, a continuing lien to secure each levy of the special tax shall attach to all non- exempt real proptnl-y in such Improvement Area and this lien shall continue in force and effect until the special tax obligation is prepaid and p~manently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION g. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: A. Each such special tax shall be levied for thc specific purposes set forth in Section 8. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 8. above. C. Thc District shall establish a separate account into which thc proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 10. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a ~t roll of special tax levy obligations by Assessor*s parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of thc Government Code of the State of California, arc as follows: Resolution 2001-415 Page 5 Engineering Depaxtment City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 11. SUBSTITUTION FACILITIES. The de~n'ption of the types of public facil/fies, as set forth abovc, is general in its nature. The final nature and location of such facilities will be det~u, incd with the City's approval and upon the preparation of final plans and ~pecifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described types of facilities and any such substitution shall not be a change or modification in the proceedings as long as the fac/l/ties provide a ~ervice sub~tantiaily similar to that as set forth in tiffs Resolution and has been approved by the City. SECTION 12. APPEALS AND INTERPRETATION PROCEDURE. Any landowner or resident who feels that the amount or formula of the special tax is in error may file a notice with the Dislr/ct appealing the levy of the special tax. An appeals panel of 3 members, as appointed by the District, will then meet and promptly review the appeal, and if neees~ry, meet w/th the applicant. If the fivdla~s of the appeals panel verify that the special tax should be modified or changed, a recommen~htion at that time will be made to the City Council, acting in its capac/ty as the legislative body of the District, and, as appropriate, the special tax levy shall be con-eeted, and if applicable in any case, a refund shall be granted. Ime~retations may be made by the City Council, acting in its capacity as the legislative body of the District, by Resolution for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate or definition contained in the applicable Special Tax Formula. SECTION 13. ELECTION. This City Council herewith submits the levy of the special tax within each Improvement Area to the qualified elector~ of each such Improvement Area, such electors being the landowners in each such Improvement Area, with each landowner having one (l) voter for each acre or po~.ion thereof of land which he or she owns within such Improvement Area. Presented by Approv=d as to form by JoI'4/'P. Lippitt , z Public Works Director Resolution 2001-415 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of C-'hula Vista, California, this 4th day of December, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Couneilmembers: None ABSENT: Councilmember$: None Shirle~ Horton, ~gfayor ATTEST: Susan Bigelow, City Clerk ff STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Big¢low, City Cl~k of Chula Vista, California, do hereby ¢~tify that the foregoing Resolution No. 2001-415 was duly paased, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of December, 2001. Executed this 4~' day of Decornber, 2001. Susan Bigelow, City Cleridd ATTACHMENT - RESOLUTION NO. 2002-312 CI"IU'LA VLqTA FORMING ,A/qD ES'rA]R.ISH]N6 comavnvv FACUtr S Drainer NO. 2oo]-2 .(~_~.n~{ _ OTAY RANCH - Vn.tAolq SIX) ~uW{D AtrlI~ORIZINO $~MFI'FAL OF I.B'V"Y OF SFF_XZL&L TAXES ~ SUCH COMIdUNFrY FACILFI~.q DIS'IltlCT TO THE QUAT ~ ELECTORS THEREOF prevloumy m~&mre~ lm mutation m mrm a communi~ f~l{~s ~ ~em~ ~ o~ ~~3,5 mdTof~e~of~~~S~~o~ ~, n~m ~ a public ~"8 m~ m ~ ~~t ~ ~ ~ ~ ~ m ~bl~ s~ ~ nd ~ ~ m~ ~ ~ ~blic ~ifi~ ~ ~ ~ ~e nd me~ ~ ~~t of ~G ~ h~ ~ p~ ~ it ~ ~ ~ ~i~ ~ a msjofi~ p~t n ~bylaw ~~ ~~p~ ~ ~, ~ n ~m bye ~ !~ ~ ~ve (12) ~ vo~ ~ ~ su~ l~e~ ~ ~e qmlifi~ el~o~ n ~o~ by law. NOW, ~~ BE ~ RA~L~ ~ ~: S~ON 2. D~A~ONS. It is ~y ~m~in~ by ~s Ci~ ~ ~: ~ ~l ~or p~ ~ini~ ~ ~ ~on ~ ~e ~ ~m ~d ~ ~ A ~ ~ ~e ~u of ~ law, ~ ~y ~ ~om ~ ~ ~mm~ F~ifi~ ~ ~, ~ ~ ~i. ~ ~ ~i--~on h m~ Resolution 2002-312 Page2 B. The written protests received, if any, do not ~-p~sent a majority protest as de~ned by the applicable Provisions of the Community Fncih'ties District Law and. therefore, thc six.hi tax pmpnsed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code o~ ll~e Stnte of C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Comm,nlty Facilities Districts (the "Goals and Policies''). o~the ~ than twelve (12) registered voters have realded within the proposed territooj ~ for each of the ninety (~0) days preced~ the glo~e of the public hearing, therefore, purs-*nt to the Act the qualified electors of the D~hlct ~hnll be the landowners of property within the Dislrict a~ ~uch term is defined in Government Code Section $3317(0 and each such landowner who is the owner of record as of the close of the public healing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that ~h¢ or he owns within th~ DisWict. F~. The time limit specified by the Community Fagilitie~ District Law for conducting an ciection to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot argum~ms have bo~n wnived with the unanlmou~ consent of the qualified electors of the District. F. The City Clerk, acting as the election official, lure consented to conduc~noo any requil~l election on a date which is less th~rl 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. COMMUNITY FACILITI~ DISTRICT REPORT. The Community Facih'fies District Report for the Di~rict (the "Report"), as now submitted by McOili Martin Serf, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.$ for all future proceedings and all terms and contenls are approved as set forth the~in. SECTION 4. NAM~ OF DISTRICT. The City Council does hereby ~tabli,h and declare the formation of the Dis~ct known and designated as "Comn~unity Facilities District No. 2001-2 (McMillin - Otay Ranch- V'dlagc Six)." SECTION 5. BOUNDARIES OF DISTRICT. The boundaries of the District are generally described as follows: All property within the boundaries of Community Facilities District No. 2001-2 (Mcblillin-Otay Ranch - Village Si~.), as shown on a boundary map.as previously approved by ti~ legislative body, such map de~gnated by the name of this District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Suects and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 31 of Book 36 of the Book of ~ of Aaseasment and Community Facilities Districts for such County. SECTION6. DESCRIPTION OF TYPES OF FACILITIES AUTHORTT~.r~ TO BE FINANCED. A general description of the types of public facilities which this legislative body is authorized by law to construct, own or operation, which are the types of facilities proposed to be R~olulion 2002-312 Page 3 - fina~ed under lhese proceedings, ~ ~y ~ h~ by ~s ~. ~ ~ of ~ ~ ~e~ ~ ~ ~ ~ Ci~ ~ a ~o~ by ~w m ~ ~ue m or m ~ ~ or ~. It ~ h~y ~r ~in~ ~t ~ p~ ~ of ~ifi~ m ~ ~ ~t ~ ~ ~ ~ of For a ~ ~ ~pl~ ~pfion ~ SE~ON 7. SP~ T~ ~ ~ by ~on ~ a ~ H~ ~i,m ~ non~e~ ~ p~ ~in ~e D~ ~ ~ ~o~ _... _ . subj~mv~r~. (~e 'S~ T~ Fo~a~ ~ ~ fo~ ~ s~ d~ ~ ~ ~ a~~t of · e ~ ~ ~ ~ ~ l~r ~n ~ have m ~y. S~ ~ ~ ~ ~ u~ m ~y ~y ~r ~ p~o~y ~ ~ ~ he~ ~ m ~ e~t ~b~, ~ha]I ~ ~H~ ~ ~ ~ manor ~ ~ ~o~ pt~ ~ ~ ~ p~ofi~ ~ ~y ~ ~ de~n~ m ~H~Ic ~ ~y ~ a ~ billing p~ ~ m mil or m~, by m~l~o~ ~ m ~ ~ ~ mm ~ a di~t ~me or ~ a ~t ma~er ~ n~ ~ m~ im ~ ~H~o~. -=- ~ ~ ~dm~ m a ~n~ ~ delmq~ or &h~t ~ ~ ~er ~ ~v O~ ~ or ~ ~ ~ man. 10 ~L ~ l~*la~ve ~ ~r au~o~ ~t ~8 ~ ~y ~ ~p~d ~d ~ by parrot of &e p~m ~o~t ~a~ ~t m ~ S~ T~ Fo~ ~~6~ of a No~ of ~ ~ ~en p~t m ~on 3114~ of ~ S~ ~d ys ~ of ~ Sm~ of ~ lira ~ ~ ~ 1~ of ~ ~ m ~nll a~ ~ ~ n~-ex~ ~ pm~ ~ &e ~ nnO ~ Hen ~1 ~ue ~ ~ ~ ~ ~ &e ~ ~ obH~ ~ ~p~d ~ ~n~y ~ ~d ~ Hen ~1~ ~ by ~ le~a~ve ~y ~. S~ON8. SP~ T~ ACCO~~ ~~. ~t ~pli~ ~ &e pmv~iom of ~e~ent ~ ~on 5~5.1, ~ ~ ~ he~y ~ ~ ~b~ ~ ~ 7 ~ve: Resolution 2002-312 Page 4 A. Each Sllch special tax shall be levied for the specific purposes set forth in Section 7 above. B. ~ae proceeds of the levy of each such special tax shall be applied only to the specific applicable putposas set forth in Section 7 above. C. Tho District nhall establi.nh a separate aceou~t into which the proceede of each such special lax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code S~:tiol150075.3. SBL-'I~ON 9. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, ~ent or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor~ parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the C_~ovemment Code of the S~ate of California, are as follows: Fagin~ering Depa,~..ent City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 SEC'FION 10. SUBSTITUTION FACILITIHS. The description of the types of public facilities, as set forth above, is general in ils nature. The f~n~l nature and location of such facilities will be determined upon ~e preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above desex'bed types of facilities and any such substitution shall not be a change or modification in the proceexlln? as long as the facilities provide a setvic~ substantially similar to that as set forth in this resolution. SHC'TION 11. ELECTION. This City Council herewith submils the levy of the special tax within the District to the qualified electors of the District, such electors being the landowners of property within the District, with each landowner having one (1) voter for each acre or portion thereof of laud which he or she owns within the District. Pre~-nted by Approved as to form by J°~a'l~olicP' LiwoPPir2 'I~/ ~~-'~ Ro~o~ufion 2002-3 ~2 Page PASSED, APPROVED, and ADO~:'TED by the City Council of the Ciiy of Chula Vista, California, this 13th day of August, 2002, by the followin~ vote: AYES: Councihuembers: Davis, Padilla, Rindone, and Salas NAYS: Councihne~nbers: None ABSENT: Coundhuembers: Horton ATTEST: ep~adilla, D~uty Mayor ' Susan Blg¢low, City Cl~¥ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do h~reby certify that the foregoing Resolution No. 2002-312 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vi~a City Council held on the 13th day of August, 2002. Executed this 13th day of August, 2002. Susm Bigelow, City Clerk ATTACHMENT - RE~.~LUTION NO. 2002-361 RESOLUTION OF TH~ CITY COUNCIL OF TH~ CITY OF CtRILA VISTA FORMINO AND F.h'TABLISHING COMMUNITY FACial'lES DISTRICT NO. 06-1 (EASTLAKE III WOODS, VISTAS AND LAND SWAP PARC~L), DKSIGNATING IMPRO~ AREAS THER~JN, AND AUTHOR[7~qG SUBMrfTAL OF ~ OF S~ TAXES WITHIN EACH SUCH IMPRO~ AREA TO THE OUALllm~n E~RS TI-ImU~OF WHEREAS, tho CITY COUNCIL of the c~'r¥ OF CHULA VISTA, C~L~ORNIA (the "City Council"), has pmvioualy d~lared its inmntiun m form a community facilitios disuic~ and to ~ .two_imping.. ent ? (_~..~. an "Imlnov..?eht Area~.ti~rein ~nd orde..red the lm~arau ota t~Ommumty Facihties District Report relatin~ m the initiatlo~ of proceedings to c~eate such community facilities district pursuant to the terms and proviaiuna of the "MeHo-Rooa Community Facilities Act of 1982,' being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the StYe of Cnlifol~lla (the "Act~ and the City of Chula Vista Community Fscilifies DilRrict Ofdlnnn~o O~ pursuant to the powers rese~ed by the City of Chula V'ma under Sections 3, 5 and ? of Article XI of Ibc Constitution of the Stat~ of California (the "Ordinance") (the Act and the Ordi.nnce may ~ rofemxl to collectively as the "Commla]ity Facilities District Law"). This community factiilies district shah hereinafter be referred to as COM~am'rv ~Ac-~rrms Dm~.tcr ~o. 06-t (~.~s~ m - WOODS, VISTAS At~ ~ SWAI' PA~C~) (the 'District~ and WTIERF_.d~, notice o.f a public hearing telatin~ to the ~tabliahm~lt o~ tho Distti~f, file oxtt~lt of the DisCo-t, the donation of tile lm.fl~ovement ~ within tho Distri~, the finan~ of certain types of public facih'ties and all other related matteta has been givea, and a Community Facilities District Report, ns o:dered by ~ City Council, has been printed to this City Council and has been made a part of the reconi of the heating to establiah ~ch District; and map (the "Am,reded Boundary Map") of the District that modifies the boundaries of the Dis~ct as shown on the m,p entitled "Boundary Map Community F~ihT~es District No. 06-1 EastLake Woods, V'mas and Land Swap, City of Chuln Vista, County of San Diego, State of California" and recorded as Document No. 20024)669704 in Book 36, Page 36 of Maps of Assessment Districts and Community Facilities Districts in the Office of the Recorder of the County of San ~tnct to comotm to me actunl cotmgural~on of the prope~] w~thin such Improvement WHERF_.AS, ali communications relating to the establishment of the District, the de.~i~onntlon of the Improvement Areas within the District, the Rnancing of certain types of public facilities and the proposed rate and method of apportionment of special tax for each Improvement Area have been presented, and it has further been detetmlned that n majority protest ns defined by law has aot been received against these proceedln? or the levy of the special tax within either Improvement Area; and _ ~, inn*much as there have been less ~hnn twelve (12) regis~red voters residing within the territory of each Improvement Area of the D:-i~ict for nt least the preceding ninety (90) days, the authorization to levy special taxes within each Improvement Area of the District Resolution 2002-361 Page 2 shah be submitted to the landowners, of each such Improvement Area, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RBCITALS. The above recitals are all tree and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. AIl prior proceedings pertaining to the formation of the District and designation of the Improvement Areas were valid and taken in conformity with the requi~mants of the law, and spo~lliy ~e provisiolls of the Commnnity Facilities District Law, ~nd ~ thi8 finding arid determination is made pursuant m the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applieable provisions of the Community Facilities District Law and as applied to each Improvement Area and, therefore, the special tax propo~ to be levied within each Improvement Area of the District [ms not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of Califomia~ C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. provemenr Area wlmm me Dm~act for each of the ninety (90) days preceding the close of the public bearing, therefore, pumuant to the Act the qualified electors of each of the Improvement Areas within the District shall be the landowners of such Improvement Area as such term is defined in Government Code Section 5331'/(0 and each such landowner who is the owner of record as of the close of the public hearing, or the authorized represontadv¢ thereof, shall have one vote for each acre or portion of an acre of land ltmt she or he owns within such Improvement Area. B. The lime limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of each Improvement Area of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of each such Improvement Area. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the DisUict. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District Itbe "Rer~r~ ......... ~- ...... McGill Martin Self, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. ?-E7 Resolution 2002-361 Page 3 S~'riON 4. NAME OF DISTRICT- The City Council does hereby e~ablish and declare ~h~ fonmUion of tho District known and des{~sted as "COMMUNITY FACILITI~ DISTRICT NO. 06-1 (EASTLAKt! m - WOODS, VISTAS AND LAND SWAP PARCEL).~ SECIiON $. BOUNDARIES OF DISTRICT AND IMPROVEMEHT AREAS. The Amended Boundav] Map, as set forth in Ezh~it A-2, and dmignated as ~AMElqDED BOUNDARIES OF CO~ FACILITIES DISTRICT NO. 06-I. (EASTLAk"I~. m WOODS, VISTAS AND LAND SWAP)' showing the amended bounclari~ of the tenitory pro..po~ed for inclusion in tbe .District including the parcels of land proposed to be located within each unprovement area thet~'m and to be subject to the levy of a special tax by th~ District for each such improvement area is hereby approved ami adopt, and shall hereby supercedo and A certificate shall be endorsed on the original and on at least one (1) copy of the Amended o~ me oa~ ox me a~op~on ox tins ~omlion, a copy of such n~p shall be ~ed with th~ con, ct .~d.p ~r. elldotsomellts ~ with gle Cot~ty .Recor~r, all i~ ~ msnm~.r and fOra provided rot in ~Uons 3110 ~ncl~ 3113 of ~e Stree~ and H~hways Code of ~he Slate of Califom{a. The boundaries of the District and each of the Improvement Areas are now bereby generally clescn'bed as follows: All pl~pOli'y within the bolllidagi~ of COM~[UNI'I~ FACIliTIES DISTRICT NO. 06-I (EAS~ [] . WOODS, VISTAS AND LAND SWAP PARCEL), as shown on the Amended Boundary Map as approved hereby by this legislative body, such map designated by the name of this District, a copy of which is on file in tl~ Office of tho City Cierk. SECTION 6. DESIGNATION OF IMPROVEMENT AREAS. For p~ of financing of, or co~tfibuting to the financln_.o of th~ typm ~ facilities described in Section 7 below, this City Counc/l, acti,$ pummnt to Government Code Section 53350, hefoby dasi~onnt~.~ portio~ of file DilKrict as the following Im.~'ovomeAtt Are~ as 8howll o~ gle Boundary Map of the District: IMPROVEMEI~ AREA A IMPROVEMENT AREA B SECTION T. DESCRIFIION OF TYPES OF FA~ AUTHORI~.D TO BE A general description of the types of public facilities whidl this legi~'slativc body is authorized by law to construct, own or operation, which are the types of facilities proposed to be financed under these proceeding, a~ generally described in Exhibit A attached hereto and incorporated herein by this reference. The types of facilities as above-described are facilities which the City Council is authorized by law to contribute revenue to or to consUuct, own or operate. It is hereby further determined that Resolution 2002-361 Page 4 thc proposed types of facilities are necessary to meet increased demands placed upon thc City as a result of development occurring within &e District, and the costa and expenses charged to this District represent the fair share costs of the facilities attributable to this District and the Improvement Areas therein. For a full and complete description of such types of facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above described types of fadlifies, the financing of those inddental expenses described in the Report are also approved and authorized. SECTION 8. SPECIAL TAX. Except where funds are othelvise available a special tax, secured by recordation of a continuing lien again~ all non-exempt real property in each of the Improvement Areas within the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries of each such Improvement Area. For particulars as to the rate and method of apportionment of the special tax proposed to be levied wiflfin each Improvement Area, reference is made to the attached and incorporated Exhibit "B' (the "Special Tax Formulas"), which sols forth in sufi~dent detail the method of apportionment of the special tax applicable to each Improvement Area to allow each landowner or resident within such Improvement Area to estimate the maximum amoont that such person will have to pay. Such special ~x shall be vtili~i to pay directly for the previously described types of facilities, to pay debt service on bonds issued by the District for each Improvement Area to assist in financing such types of facilities, to replenish any reserve fund established for such bunds, and to pay the costs of administering the bonds, the District and each respective Improvement Area. The special taxes herein authorized, to the ement 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 vtiliTe a direct billing procedure for any special taxes that cannot he collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no drarmstances will the spedal tax to be levied against any parcel wiflfin an Improvement Area used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within such Improvement Area by more lhan 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calcula~i pursuant to the Special Tax Formulas. Upon recordation of a Notice of Spec/al Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within each Improvement Area, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in such Improvement Area and this lien shall cominue in force and effect ontil the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with hw or until collection of the tax by the legislative body ceases. SECTION 9. SPECIAL TAX ACCOUNTABILITY MEASURES. Resolution 2002-361 Page 5 - Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby estnblishe8 thc followin~ nccountabilit~ measures pcl~nlnin~ to th~ 1~'~ by the District of the special taxes described in Section 8 above: A. Each such special tax ~hnll be levied for the specific purposes set forth in Section 8 above. specixtcB. . The procee~ of lh~ l.ev~, of each such ~cinl tax .~hnli be applied only to lhe applicable purpose~ set ~otth m Sec~on 8 above. C. The District shall e~blish a nepara~ a_~_ ~t into which the proceeds of each suc~ special tax ,hn11 be def~ited. g. 'l'ne ¢i~ Manager or bin or her designee, actin~ ~or and on behalf o£ the District, shall nnnunlly file n report with ~he City Council as requLred ptt~ to Government Code Section 50075.3. SECTION 10. PREPARATION OF ANNUAL TAX ROLL. The name, addre~ and ~lephon¢ number of ~e ol~ice, depamnent or bmeau which will be responsible for preparing nnm~dly a current roll of special tax levy obligations by Asse~or~s parcel number and whict~ ~ be rmpon~ole for eslhna~ng future special tax levies pursuant to Section 53340.1 of lhe Oovermnent Code of lhe Stat~ of California, are as follows: ¢it~ of Chuh ¥i~ 27~ Fo~fl~ Av~n~ Chula Vista, CA ~2010 (6~9) SEC'HON 11. SUBSTITUTION FACILITI~. The desc~ption of the type~ of public ~li~ies, as set forth in F~J~bit A hereto, ia general in its of ~.n? p!ans and speci~cationa tl~tetor. Such ~ plans may show substitutes in lieu of, or moot~ca~on to, ~he above ~ t3~es of facilil~ and any ~ sub~tmion shah not be a ~n%~e or modi~cafion in lhe ptoceed~ aa long as the fac~lifie~ provide a service substantially ~im!!~ to that as set forth in thls ~e~oluffon. SECTION 12. ELECTION. q~nis ¢it~ Counc~ ~e~with submits t~e 1~ o~ the ~ tax ~min ea~ ~roveme. nt Area to the quattn~d electora o~ e~c~ suc~ tmprovem~nt Ar~a, auch electra be~ th~ landowne~ in m~a~hmoa.u~' ~mproveme. nt Are~ with ~a~ ~.andowner ~avin~ one O) voter ~or ear~ acr~ or portion t of land which he or she owns w~t~m such lmproveinem Area. Resolution 2002-361 Page 6 Prepared by Approved as to form by Public Works Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of September, 2002, by the fo[lowing vole: AYES: Councilmembe~s: Davis, Padilla, Rim/one, S~!~s and Hortun NAYS: Councilmembem: None ABSENT: Councilmembers: None Shirley Hormn~ayor ATIT~T: Susan Bigeld~,'City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigeiow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-361 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of September, 2002. Executed this 10th day of September, 2002. ATTACHMEN']' - RF-..qOL,~'TION NO. 2(X}2-314 R]~SOLUTION OF TH~{cl'l'~ COUNCIL OF TH~ CITY OF CHt.U VISTA FOP.. m O At,rD F. STABLtSl.n o COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE IH. ~ru'xn~WOODS, VISTAS 'AND LAND SWAP PAftCEL) AND AUTHOB~ZtNG SUBMITTAL OF LEVY OF SPECIAL TAXES TO TI~ QU.~L~m-lm EI.~RS City of Chula Vista, cstabh~nm~lt of a m fi~liH~l ~ a{ld to dl~.on~ two improvem~ut areas therein, ~ to the torres and provisions ofithe "Msilo-Roo~ Community Facilities Act of 1982", being Chapter 2-~, Part 1, Division 2, Tific 5 of the Oovernment Code of the State of California pursuant to thc .._P0v~.ers reserved by the Gi.'ty of Chula Vista under Sections 3, 5 and 7 of Article Xl of the Constitution of the State of CS~mla (the ~Ordimmce") (the Act and the Ordinance racuittes District ~hAIl h~ be rqrfcrrcd to as Community Facilities District No. 0TM (EastLake IH - Woods, Vistas and Land i~mmp Parcel) (thc "District"); and WTIIfltEAS, notice of a public lw. aring ret,uln_o to thc cstablislunent of the District, thc extent of thc District, file desi~mmAtioll of {~c {m.nrovP..m~lt areas within the District, ~ fillaflCing of certain types of servicas and all other related matters has been given, and a Community Facilities District Report, as ordmcd by this City Council, has been p~csented to this City Council and has been rnsd,'~ a part of the i~cord of tha hearing to cstabHsh such District; and WHEREAS, all communications relating to thc establishment of the Dislrict, the desiEn~fion of the improvement areas, 'the proposed sc~vices and the rates and methods of apporfionmeat of the special tax proposc0 to Ix: lcvicd within ench im.m*ovelllt'.llt area have been presented, and it has furthcr becn dctermincd that a majority protest as defined by law has not been received against these procccdings or thc levy of the special tax within either improvement area; and WHEREAS, {n~much as there have been lcss than twelve (12) registered .vo~rs within thc territory of each improvement area of the District for at least thc p~ .nine..ty days, the authorization to levy specisl talcs within each {m.nrovement area of the II,strict ~ bc submitted to thc lamtowners of each suc~ im.nmvcment area, such landowners being the qualified electors as authorizcd by law. NOW, THERBFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all tmc and correct. SBC*rION 2. Determinations. It is hereby dete~mined by this City Council that: A. All prior proceedings pertaining to thc formation of the District and designation of the improvemunt areas were valid and taken in cunformity with the requiremunta of the law, and specifically the provisions of thc Community Facilities District Law, and that this finding and dctermination is made pursuant to the provisions of Government Code Section 53325.1. Resolution 2002-314 Page 2 B. The written protests. ~ceived, if any, do not re. present a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied wi~in ~tch improvement area of the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The Disuict as proposed conforms with the City of Cimla Vista Statement of Goals and Policies Regarding the Establishmem of Community Facilities Districts (thc "Goals and Policies"), as mended. D. Less than twelve (12) registered voters have r~ided within the territory of e. ach improvement area within thc District for each of the ninety (90) days preceding the dose .of the public hearing% therefore, pursuant to thc Act the qualified electors of each of the ~mprovement areas within the District shall be the landowners of such improvement area me owner ce recom as or thc close of thc public hearing, or thc authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such improvement area. E. The time limit apccified by thc Community Facilities District Law for conducting an election to submit thc levy of tbe special taxes to thc qualified electors of each improvement area of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of each such improvement area. F. Thc City Clerk, acting as thc election official, has consented to conducting any required election on a date which is Ices than 125 days following the adoption of any resolution fo~ning and establishing the District. SECTION 3. Community Facilities Dis~ict Report. The CommRoity Facilities District Repor~ as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents arc approved as set forth therein. SECTION 4. Na~ne of District. This legislative body docs hereby establish nmi declare the formation of the CommtlRity Facilities District known and desigunted as "Community Facilities District No. 07M (EastLake HI - Woods, Vistas and I znd Swap Parcel)." SECTION 5. Boundaries of the District and thc Improvement Areas. Thc boundaries of the District and each of the improvement areas are generally described as follows: All prope.? within the boundaries of Community Facilities District No. 0TM (F,a.~tl~lr~ IH - Woods, Vistas and Land Swap Parcel), as shown on a boundary m~p as previously' approved by this legislative body, such map designated by the l~sme of this Commt~ity Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of thc County Recorder of the County of San Diego, at Page 32 of Book 36 of thc Book of Maps of Assessment and Commuldty Facilities Districts for such SECTION 6. Designation of Improvement Areas. For purposes of financing of, or contributing to the financing of the types of services described in Section 7 below, this City Council, acting 7 -qe la_ _~_lufion 2002-314 - pursuant to Government Code Section 5~350, hereby de~to-n~t~ portions of foHowi_ng improvement areas ns shown o~ lhe boundm~ n~ of the Disttlct: lhe District ns the ! IMPRO~ AREA NO. 1 IMPROVEMENT AREA NO. 2 SECTION 7. Types of Sendces. It islthe intention of th~ City Council to finance cerUdn aha ..will not be replacing services already available. A general descrimion of the services to be provided is ns follows: "- The mnlmen~nce of (n) wetlands and la~ areas within ~ public rights-of-ways and other public easements throughout the Dis~ct and (b) facilities that are directly minted to storm water quality control ~troughout thc District. ~ Such maintenance shall illclucl~ but not be lim~l~l to, the provision of ~11 labor, material, administration, personnel, equipment and u~lities necessary to mnlntniq such landscaped areas and such storm water quality control facih'ties. It is the intention of the . . Cil~ Counc~. tolfmance ~ ~ ndmi.im~'~live ~ inddeqlta] nmlua] costa ann expenses necess~y to provide the authorized mamtennnce and services. For a full and complete description of the public services, refet~nc~ is mad~ to the final Community Facilities District Re. port, a ~ of which is on file in the Office of the City Cleric For all particulars, reference is made to s~=h Comm,mlty Facililies District Report. SECFION 8. Special Tax. Except wh.are funds are o~hera~se available special taxes, secured by recordation of a continuing lien aSaln~t aH non-exempt teal property in the respective improvement areas of lhe Distri~ are hnteby authorized, subject to voter approval, to be levied annually within the boundaries of suc~. ~)istdct. Under no circumstances will the special tax authorized to be levied within an mlprovement area be increased as a eonsequence of delinquency or default by the owner of nny other parcel or parcels used for private t~-sidenfial purposes nnd located within such imp~vement ama by more lhan 10 percent. For furlher particulars as to the rate and method of N~po~onment of ~he special tax proposed to be levied within Improvement Area No. 1, reference is made to the attached and incorporau~l Exhibit "A', which sets forlh in su~dent detail the ~method of Auporlionment to allow each landowner or .n~.ve to pay mr ~ services. For further ~ as ~o the ra~e and nmhod of appomonmcnl of the speaal tnx pro~ to be levied within improvement area No, 2, reference is made to ~he attached and incorpora~l Exh'bit "B", which sets forth in suffldent detail the method of apportionment to allow each landowner or resident witMp such improvement area to dearly estimate the maximum amount that such person will have to pay for such service. The special taxes herein aulhorized shall be collected in the same mnnner as nd valonml property taxes and shall be subject to Ihe same penalties, procedure, sale and lien priority in any case of delinquency, .ns..applic~b. le for a~. val. omm t~.es; however, ~s applicable, this legislative body may, oy resomuon, establish n~_ aaopti an alternate or supplemental procedme as necessary. Any special taxes fl~at m~y not be collei~ed on the County tax roll shall be collected through a direct billing procedure by the Tre/m~rer~ of the City of Chula Visla, acting for nnd on behalf of the District. Resolution 2002-314 Page 4 Upon recordation of a Notice of Spedal Tax llen pursuant to Section 3114..~ of the Streets and Highways Code of the State of California, a contivning lien to secure each levy of the special tax shall altach to all non-exempt real proper~y in the DisUict and thi.~ lien shall continue in force and effect until the apec/al tax obligation is prepaid and permanently satisfied and the llen canceled in accordance with law or until collection of the tax by the lagisiative body ceases. SECTION 9. Special Tax Accountability Mensmes. Pursuant to and in compliance with the pwvisions of Government Code Section 50075.1, thi~ City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: A. F_ach such special tax shall be levied for ~be specific purposes set forth in Section 8 above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 8. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the DisUict, shall snmmliy file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 10. Preparation of Annual Tax Roil. The name, address and telephone number of the o/rice, depa~nent or bureau which will be responsible for p~c~aring annually a current roli of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimstln~ future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 2?6 Fourth Avenue Chula Vista, CA 92010 SI~CTION 11. Election. This legislative body herewith submits the levy of the apeciai taxes to the qualified electors of each improvement a~a within the District, such eleetom being the landowners within each such improvement area with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within each such improvement area. This legislative body hereby further directs that the separate ballot propositions relati~ to the levy of the above referenced special taxes within each improvement area be combined and consolidated with the pwposition set forth in Section 11 below relating to the establishment of an appropriations limit for the District. The propositions related to the levy of the apeeiai taxes shall, together with a proposition to establish aa appropriations ihnit for the District, shall be submitted to the qualified voters at a special election to be held on (a) August 13, 2002 immediately following the adoption of this resolution or (b) such other date as the qualified electors and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If either or both of the pwpositions for the levy of the 7 Resolution 2002-314 Page 5 - special...taxes, receiv.e_~e app?al of more than two-.thirds (2/3) of the votes cast on the lxopo~uon, me special tax thereby approved may be levied as provided for in this resolulion. SECTION 12. Ballot Proposals. The ballot proposals to be submitted to the qualified voters st the election shall generally be as follows: IMPROVEMENT AREA NO. 1 PROPOSITION A Shsll the City of Chuia Vists Community Faclliges Distiict No. 07M (F.,ASTLAKE I11. Woods, Vistas and l.~n~l Swap Parcel), subject to accountability measures set for,.h in Resolution No. 2002-314, levy a special lax throughout Improvement Area No. 1 of suc~ di~i~ict pursuant to lie rote and method of apporlionment then',Zf set forth in such ~-solulion (the "Rale and Method") for the purposes of financing the Special Tax Requirement as defined in the Rate and Me~xl? IMPROVEMENT AREA NO. 2 PROPOSITION B Shall the City of Chula Vista Communi~ F~cihT~s District No. 0TM (RASTLAKE ~I - Woods, V'~tas and Land Swap Parcel), subject to s__~_ tmtability measures set forth in Resolution No. 2002-314, levy a special tax throughout Imp~emont Area No. il of such district pur~Jsnt to the rote and method of appordonmont thereof set forth in such resolution (the "Rate and Method'') for the purposes of financing the Special Tax Requirement as defined in thc Rate and MeShed? IMPRO~NT AREA NOS. 1 AND PROPOSITION C Shall the City of Chula Vista Commlll~ty Facilitias Dist~t No. 07M (F.a~tLake III $2,000,000? SECTION 13. Vote. 'l'ne appropriate mark pl~___~d in the vofin~ square after the word "YES~ the voting square after the word "NO" ia the manner as authorized, shall be counted agsln~ the adoption of such pmposi~on. SECTION 14. Eleclion Procedure. The Election Official is hereby authorized to lake any ami all steps necessary for holding the above alzction. The Election Official shall perform and render all services and proceedings incidentsl to s~d connected with the conduct of the election, including but ilo! limited to, ~ fo[lowing: 1. Prepare and furnish to the necessary election supplies for the conduct of the election. 2. Cause to be ptinted the requisite numt~r of official ballots, tally sheets and other necessary forms. _ 3. Furnish official ballots for the qualified electors of each improvement area of the Distiict 4. Cause the official ballots to be presented to the qualified electors, as l~quired by law. Resolution 2002-314 Page 6 5. Receive ~e returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of fl~e returns. 7. Canvass the returns of the election. 8. Furni.~h a tabulation of thc number of votes given in the election. 9. Conduct and handle all other matters relating to thc proceedings and conduct of thc election in the w~nncr and form as required by law. Presented by Ai~roved as to form by Public Works Director , Attorney 7-/-/7 R~solution 2002-314 Page 7 - PASSED, APPROVED, and ADOPTED by the City Council of the Cit2t of Chula Vist~ California, thi~ 13th day of August, 2002, bY the following vote: AYES: Councilmerabers: Davis, Padilla, Rindone, and Salas NAYS: Councilmemb~s: None ABSENT: Councilmembers: Horton ATFEST: 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 cel~y that the foregoing Resolution No. 2002-314 was duly p~m~l, ~proved, and adopted by the City Co-n~.il at a regular meeting of the Chula Vista City Council held on the 13th day of August, 2002. Executed this 13th day of August, 2002. S~n Bigelow, City Clerk ~TTACHMENT RESOLLrI2ON NO. 2002-436 RF_,SOLUTION OF THE CITY COUNCIL OF ~ CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE SlX - MCIvfflJJ'N OTAY RANCH AND OTAY RANCH COMPANY) AND AUTHORIZING SUBMITI'AL OF THE LEVY OF SPECIAL TAXES TO WHEREAS, a public hearing has been held and concluded, and the City Council of the City of Chula Vista (the "City Council"), now desL'es to proceed with the establishment of a community facilities district and to designate two improvement areas therein, pursunnt to the te~ms nnd provisions of the "MeHo-Rooz Community Facilities Act of 1982', being Chspter 2.5, Part 1, Division 2, Title 5 of the Government Code of thc State of California (the "Act") and the City of C-'hula Vista Community Facilities District Ordinance enacted pursuant to the powem reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of thc State of California (thc "Ordinance") (the Act and the Ordinance may be referred to collectively as the '~mmslllit~ Facilities District Law"). Such Community Facilities District shall hereinafter be referred to as Comm~l~ity Fa~"ilities District No. 0SM (Village Six-McMillin Otay Ranch and Otay Runch Company) (the "District"); and WHEREAS, notice of a public hearing relating to the establishment of the Dis~ict, the exlrat of the District, the designation of the improvement areas wiu~in the District, the financing of certain types of services and all other related matters has been given, and a Community Facih'ties District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the heahng to establish such Dislrict; and WHEREAS, following the opening of the public hearing on October 8, 2002, the City Coun/fil proposed to modify Resolution No. 2002-319, the resolution of intention to form the D/strict, in a way that will increase the probable special tax to be paid by the owners of certain lots or parcels w/thi~ the District and the City Council directed that a report be prepared that includes an analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of such lots or parcels in the District (the "Supplemental Report°'); and WHEREAS, the public heating was continued to permit the preparation of the supplemental report; and WHERF_AS, the supplemental report has been presented to this City Council and has also been made a part of the record of the heating to establish such District; and WHEREAS, all comm,micafions r~lating to the establishment of the District, the designation of the improvement areas, thc proposed services and the rates and methods of apportionment of the special tax proposed to be levied within each improvement area have been presented, and it has further been determined that a majotity protest as defined by law has not been received against these proceedings or the levy of the special tax within either improvement WTW_.REAS,/nasmuch as there have been less than twelve (12) registered voters residing within the territory of each impwvement area of.the District for at least the preceding ninety (90) days, the authorization to levy special taxes within each impwvement area of the District sl~tl] be Resolution 2002-436 Page 2 submitted to the landowners of each such improvement area, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOl .l OWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Determinations. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the fomaation of the District and designation of the improvement areas were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is m~e pttrsuant to the provisions ~ Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied within each impwvement area of the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Polities Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. D. Less than twelve (12) registered voters have resided within the territory of each improvement area with/n the District for each of the ninety (90) days preceding the dose of the public hearing, therefore, pursuant to the Act the qualified electors of each of the improvement areas within the Dis~-ict shall be the landowners of such improvement area as such term is defined in Govenunent Code Section 53317(0 and each such landowner who is the owner of record as of the dose of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such improvement area. E. The time limit specified by the Community Facilific~ District Law for conducting an election to submit the levy of the special taxes to the qualified electors of each impwvement area of the District and the reXluirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of each such improvement area. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing fl~e District. SECTION 3. Community Facilities District Report. The Community Facilities District Report, as now submitted and as supplemented by the supplemental report, shall stand as the Community Fadlities District Repor~ for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. Name of District. This legislative body does hereby establish and declare the formation of the Community Fadlities Dis~ict known and designated as "community Facilities District No. 08M (Village Six - McMillin Otay Ranch and Otay Ranch Company)." Resolution 2002 -436 SECi'ION 5. Boundaries of the District and the ~mprovement Areas. The boundarie~ of the District and each of the Improvement A~ws are generally descn'bed as follows: All property wi~n the boundaries of Community Facilities DisUict No. 0SM (Village Six McMillin Otay Ranch and Otay Ranch Company), as shown on a boundary map as previously approved by this legislative body, such map designated by thc name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been ~ed pursuant to Sections 3111 and 3113 of the St~ets and Highways Code of thc State of California in the Office of the County Recorder of the County of Sau Diego, at Page 39 of Book 36 of the Book of Maps of As~sement and Community Facilities Districts for such County. SECTION 6. Designation of Improvement Areas. For purposes of financin~ of, or conm'buting to the financing of the types of services described in Section 7 below, this City Council, acting pumuant to Government Code S~:tion $3350, bereby designa~ portions of the District as the following Improvement Areas as shown on the Boondal~ Map of ~be District: IMPRO~ ARP. A NO. 1 ~ROV~MENT AREA NO. 2 SECTION 7. Types of S~rvices. It is the inl~nlion of thi~ City Council to finance certalll services that are in addition to those pmvid~ in or requ~d for the ten~lory within tl~ District and will not be replacing services alre~ly available. A general description of ~ services to be provided is as follows: The maintenance of (a) landscaped areas within I~ public righm-of-ways and other public easements fl~oughout the District and (b) facilities that are directly related to s~orm water quality control ti~oughout the District. Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such landscaped areas and such storm waler quality conlml facilities. It is the intention of the City Council to finance all dir~, administrative and incidental ~nnual costa and expenses nec~sary to provide the authorized maintenance and services. For a full and complet~ description of the public services, reference is made to the final Community Facilities District Report, a copy of which is on file in the Office of the City Clerk. For all particulam, referenc~ is m~i~ to sucll Community F~ei~l'ti~ District l~port. SECTION 8. Special Tax. Except where funds am otherwise available special ~xes, secured by recordation of a con~uing lien against all non-exempt r~l pml~rty in the respective Improvement Areas of the District, a~ hereby authorized, subje~ to voter approval, to be levied annually within the boundaries of such District. Under no circumslances will the special lax authorized to be levied within an Improvement Area be increased as a consequence of delinquency or default by d~ owner of any other parcel or parcels used for private residential puqx~ses and ioca~l within such Improvement Are~ by more than 10 percent. For fur~er particulars as to the rate and method of apportionment of the special mx proposed to be levied within Improvement Ama No. 1, reference is made to the attached and incoq~omed Exhibit "A", which sets forth in sufficient detail the method of appe~onment to allow ~ch landowner or resident within such Improvement Area to clearly e~imato the maximum amount that such person will have to pay for such services. For further particulars as to the rate and method of Resolution 2002-436 Page 4 apportionment of the special tax proposed to be levied within Improvement Area No. 2, reference is made to the attached and incorporated Exhibit "B', which sets forth in sofficient detail the method of apportionment to allow each landowner or resident within such Improvement Area to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized shall be collected in the same manner as ad valorem properly taxes and shall be subjecl to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this le~.~lative body may, by resolution, establish and adopt an altemate or supplemental procednm~as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the Dislxict. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streels and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Dislxict and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 9. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 8 above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 8 above. C. The District shall establish a separate account into which the proceeds of each such special ~ax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shaft annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 8. Preparation of Annual Tax Roil. Thc name, address and telephone number of the office, department or bureau which will be responsible for preparing annn~l~y a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating futur~ special tax levies pursuant to Section $3340.1 of the Government Code of the state of California, are as follows: Engineering Depa~huent City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified electors of each Improvement Area within the District, such electors being the Resolution 2002-436 Page $ landowners within each sttc. h ImproVement A_rca with each landowner having one (1) vote for each acre or portion thereof of land which hc or she owns within eac~h StlCh lm~movcmcnt Area. This legislative body hereby further directs that the separate ballot propositions relatln~o to thc levy of the above referenced special tax~s within cach lmpmvomont Area be combined and consolidated with thc proposition set forth in Section 11 below rclaling to the establishment of an appropriations limit for the District. Thc propositions rclatecl to the levy of the special taxes sh~ll, together with a proposition to establish an appropriations limit for the District, .~hsll be submitted to the qualified voters at a special election to be held on (a) August 13, 2002 immediately following the adoption of this rnsolution or (b) such other date as the quslified electors and the City Clerk may mutually agree and such election .~hall be a special election to be conducted by thc City Clerk 01ereln*etcr referred to as thc "Election Official"). If either or both of the propositions for thc levy of the special...taxc?, recciv.c .thc ..app .~al of more than .tw?~irds (2/3) of th~ votes cast on thc propoSlUOn, mc spcoal tax tbereoy approved may be levied as provided for in this Re, solution. SECTION 11. Ballot Proposals. Thc ballot proposals to be submitted to thc qualified voters at thc election shall gcnemily be as follows: IMPROVEMENT AREA NO. ! PROPOSITION A Sh~ll thc City of Chula Vista Community Facilities District No. 0SM (Village Six - McMillin Otay Ranch and Otay Ranch Company), subject to accountability measures set forth in Rcsulufion No. 2002-436, levy a special tax throughout Improvement Area No. ! of such district pursuant to thc rate and method of apportionment thereof set forth in such resolution (the "Rate and Method') for thc purposes of financing thc Special Tax Requirement as dcfmad in thc Rate and Method? IMPRO~ AREA NO. 2 PROPOSITION B Shall thc City of Chula Vista Community Facilities District No. 0SM (Village Six - McMillin Otay Ranch and Otay Ranch Company), subject to ,accountability mcasurns set forth in Resolution No. 2002-436, levy a special tax throughout Improvement Area No. 2 of such disuict pursuant to thc rate and method of .appo.rtionment thereof set foffh in such resolution (the "Rate and Method') for thc p~ of financ, mg thc Special Tax Requirement as defined in the Rate and Method? IMPROVEMENT AREA NOS. 1 AND 2 PROPOSITION C Shall thc City of Chula Vista Commllnity Facilities District No. 0SM (Village Six - McMillin Otay Ranch and Otay Ranch Company) establish an Article X]IIB appropriations limit equal to $2,OOO,OOO? SECTION 12. Vote. The appropriate mark placed in thc voting square after the word "YES" shall be counted in favor of thc adoption of the proposition, and thc appropriate mark placed in 7 Resolution 2002-436 Page 6 the voting square after thc word "NO" in thc manner as authorized, shall be counted against the adoption of such proposition. SECTION 13. Election Procedure. The Election Official is hereby authorized to takc any and all st~ps necessary for holding the above election. The Election Official shall perform and render all services and proceeds_ge incidental to and connected with the conduct of the election, indudlnE but not limited to, the following: 1. Prepare and famish to the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish offic/al ballots for the qualified electors of each hnprovement Area of the DisUict. 4. Cause the official ballots to be presented to the qualified electors, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the returns of the election. 8. Furnish a tabulation of the number Of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Presented by Approved as to form by · PP $,~M. Kabeny ~) ~li~/~Pr~ Director City Attorney Resolution 2002-436 Page7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of November, 2002, by the following vote: AYES: Councilmcmbers: Davis, Padilla, Rindon~, galas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Susan BIgelow, City Cler~ STATE OF C~T.~ORNIA ) COUNTY OF SAN DIEOO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby c~rtify that the foregoing Resolution No. 2002-436 was duly passed, approved, and adopted by tho City Council at a regular meeting of the Chula Vista City Council held on the 5th day of November, 2002. Executed this Sth day of November, 2002. Susan Bigelow, City Clerk McMillin 10tay Ranch EXHIBIT "A" CFD No. 97-3 PLANNING AREA MAP BOUNDARY MAP CO]WJ~3NITY FACILITIES DISTRICT NO. 98-8 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) STAT~ O~ RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2003-2004 FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06I, 07M, 08M AT MAXIMUM AUTHORIZED SPECIAL TAX RATES A APPLICABLE TO EACH DISTRICT AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIFIC SPECIAL TAX RATE APPLICABLE TO EACH PARCEL PROVIDED SUCH TAX R_ATE DOES NOT EXCEED THE APPLICABLE MAXIMUM SPECIAL TAX RATE AUTHORIZED TO BE LEVIED BY THE CITY COUNCIL. WHEREAS, the maximum Special Tax rates for Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06I, 07M, and 08M; authorized, pursuant to the approved rate and method of apportionment of special taxes for each respective community facilities districts, to be levied within each such community facilities district for Fiscal Year 2003/2004 are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-l, 2001-2, 06I, 0TM, and 08M in Fiscal Year 2003/2004 at the rates as set forth in Exhibit A hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal year 2003/2004 as authorized by Government Code Section 53340; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista, acting as the legislative body of Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98- 1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06I, 07M, and 08M respectively, as follows: SECTION 1. The foregoing recital are true and correct. SECTION 2. This City Council does hereby establish the maximum Special Tax rates that may be levied for Fiscal Year 2003/2004 in Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06I, 07M, and 08M as the rates set forth in Exhibit A attached hereto. SECTION 3. Pursuant to Government Code Section 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities districts to which this resolution applies including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2003/2004 and to file such list with the auditor of the County of San Diego on or before August 10, 2003 or such later date on or before August 21, 2003 with the 7--73 prior written consent of such auditor. The amount of the Special Tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in Exhibit A hereto applicable to the community facilities district in which such parcel being taxed is located. Presented by: Approved as to form by: Robert Leiter Ann Moore Director of Public Works City Attorney .[Sattomey\~eso\Tax Rates CFDs 2003 2 EXHIBIT A. FY03-04 MAXIMUM RATES FOR CFDS CFD 97-10tay Ranch Open Space Maintenance FY2002-03 FY2003-04 Category Maximum Maximum Area A Residential $0.0929/SF $0.0943/SF Area A Non-Residential $1,257.76/Acre $1,276.75/Acre Area A Vacant $1,422.82/Acre $1,444.30/Acre Area B Residential $0.2175/SF $0.2208/SF Area B Non-Residential $2,792.82/Acre $2,834.99/Acre Area B Vacant $3,158.15/Acre $3,205.84/Acre CFD 97-20tay Ranch Preserve Category FY 2002-03 FY 2003-04 Maximum Maximum AreaA Residential $0.0140/SF $0.0142/SF Area A Non-Residential $225.93/Acre $229.34/Acre Area A Final Map $225.93/Acre $229.34/Acre Area A Vacant $145.81/Acre $148.02/Acre Area B Vacant $56.35/Acre $57.20/Acre Area C Residential N/A $0.0146/SF Area C Non-residential N/A $234.8745/Acre Area C Final Map N/A $234.8745/Acre Area C Vacant N/A $151.5885/Acre 1 7-7 ' CFD 97-30tay Ranch McMillin Bond Issue FY2002-03 FY2003-04 Category Maximum Maximum Residential $0.3920/SF $0.3920/SF Con'anercial $4,000/Acre $4,000/Acre Community Purpose $1,000/Acre $1,000/Acre Facility Undeveloped $7,954/Acre $7,954/Acre (Unrestricted) Undeveloped (Restricted) $7,954/Acre $7,954/Acre Property Owner $7,954/Acre $7,954/Acre Association Land CFD 98-10tay Project Interim OS Maint Dist Category FY 2002-03 FY 2003-04 Maximum Maximum Taxable Property $113.34/Acre $115.05/Acre CFD 98-20tay Project Interim OS Maint Dist Category FY 2002-03 FY 2003-04 Maximum Maximum Taxable Property $52.29/Acre $53.0807/Acre 2 CFD 98-3 Sunbow II OS Maintenance District Category FY 2002-03 FY 2003-04 Maximum Maximum Residential $382.79/EDU $388.57/EDU Industrial $2983.68/Acre $3,028.74/Acre Commercial $3340.27/Acre $3,390.71/Acre Undeveloped $2287.23/Acre $2,321.77/Acre CFD 99-10tay Ranch SPA I Bond Issue FY2002-03 FY2003-04 Category Maximum Maximum Village 1 Residential $0.28/SF $0.28/SF Village 1 Commercial $1600/Acre $1600/Acre Village 1 Community $400/Acre $400/Acre Purpose Facility Village 5 Residential $400 + $0.29/SF $400 + $0.29/SF Village 5 Commercial $3717/Acre $3717/Acre Village 5 Community Purpose Facility $929/Acre $929/Acre Vil 1 West Residential $400 + $0.44/SF $400 ~- $0.44/SF Vil 1 West Commercial $4266/Acre $4266/Acre Vil 1 West Community Purpose Facility $1066/Acre $1066/Acre COMBINED Undeveloped $8864/Acre $8864/Acre Property Owner Association $8864/Acre $8864/Acre 3 7-77 CFD 99-20tay Ranch SPA One Village 1 West Category FY 2002-03 FY 2003-04 Maximum Maximum Residential $0.3883/SF $0.3942/SF Vacant $4788.75/Acre $4861.06/Acre CFD 2000-1 Sunbow II Villages 5 thru 10 Category FY 2002-03 FY 2003-04 Maximum Maximum Residential $0.44/SF $0.44/SF Undeveloped $7851.00/Acre $7851.00/Acre Property Owner $7851.00/Acre $7851.00/Acre Association CFD 2001-1 San Miguel Ranch Bond Issue FY2002-03 FY2003-04 Category Maximum Maximum Area A Residential $475/DU + $0.34/SF $475/DU + $0.34/SF Area A Commercial $5,091.00/Acre $5,091.00/Acre Area A Undeveloped $I 0,376.00/Acre $10,376.00/Acre Area B Residential $475/DU + $0.32/SF $475/DU + $0.32/SF Area B Commercial $5,091.00/Acre $5,091.00/Acre Area B Undeveloped $4,578.00/Acre $4,578.00/Acre CFD 2001-2 McMillin OR Village Six Bond Issue FY2002-03 FY2003-04 Category Maximum Maximum Residential N/A $440/DU + $0.34/SF Non-Residential N/A $11,365.00/Acre Undeveloped N/A $11,365.00/Acre 4 Community Facilities District No. 06-1 (Eastlake - Woods, Vistas and Land Swap - Bond Issue) Land Use Category FY 2002-03 FY 2003-04 Maximum Maxlmqm Improvement Area A Zone 1 (Vistas): Residential N/A $0.5800/SF Commercial N/A $6,000/Acre Hotel Property N/A $6,000/Acre Undeveloped N/A $11,037/Acre Improvement Area A Zone 2 (Woods): Residential N/A $0.6700/SF Commercial N/A $6,000/Acre Undeveloped N/A $8,332/Acre Improvement Area B Zone 3 (Land Swap): Residential N/A $0.7400/SF Commercial N/A $6,000/Acre Undeveloped N/A $20,563/Acre Improvement Area B Zone 4 .fl,and Swap): Residential N/A $0.7400/SF Commercial N/A $6,000/Acre Undeveloped N/A $6,667/Acre 5 Community Facilities District No. 07-M (Eastlake III - Woods, 'Vistas and Land Swap - Open Space Maintenance) FY 2002-03 FY 2003-04 Land Use Category Max Special Tax Max Special Tax Rate Rate Improvement Area 1: Residential N/A $0.1112/SF Multi-Family N/A $0.1112/SF Non-Residential N/A $1,451.8742/Acre Final Map N/A $1,451.8742/Acre Other Taxable N/A $1,451.8742/Acre Property Assoc. Property N/A $1,451.8742/Acre Improvement Area 2: Residential N/A $0.0700/SF Multi-Family N/A $0.0700/SF Non-Residential N/A $386.7800/Acre Final Map N/A $1,054.95/Acre Other Taxable N/A $1,054.95/Acre Property Assoc. Property N/A $1,054.95/Acre 6 7-gO Community Facilities District No. 08-M (Village 6, McMillin Otay Ranch and Otay Ranch - Open Space Maintenance) FY 2002-03 FY 2003-04 Land Use Category Max Special Tax Max Special Tax Rate Rate Improvement Area 1: Residential N/A $0.3639/SF Multi-Family N/A $0.2682/SF Non-Residential N/A $2,275.23/Acrc Final Map N/A $6,036.3958/Acre Other Taxable - Residential N/A $6,036.3958/Acrc Other Taxable - Multi- Family N/A $5,619.4746/Acre Other Taxable - Non- residential N/A $2,275.2270/Acre Property Assoc. Property N/A $6,036.3958/Acre Improvement Area 2: Residential N/A $0.1871/SF Multi-Family N/A $0.1871/SF Non-Residential N/A $3,874.9115/Acre Final Map N/A $3,874.9115/Acre Other Taxable N/A $3,874.9115/Acre Property Assoc. Property N/A $3,874.9115/Acre 7 COUNCIL AGENDA STATEMENT Item, Meeting Date 7/22/03 ITEM TITLE: Resolution Approving the Adoption of Chula Vista Construction Standards CVCS-3 & 4 Relating to Trench Backfill and Surface Restoration SUBMITTED BY: Director of Engineering~ RE'vIEWED BY: City Manager~'/~ c" t' (4/Sths Vote: Yes No X ) On November 12, 2002, City Council approved Resolution No. 2002-447 (Attachment I), which, among other things, adopted revisions to the Chula Vista Subdivision Manual and the standards and drawings used in public works construction in the City of Chula Vista, with the exception of Chula Vista Construction Standards CVCS-3 and CVCS-4 related to the restoration requirements for utility trenches within the City. CVCS-3 and CVCS-4 were withheld fi.om consideration at that time in order to address a number of concerns expressed by San Diego Gas and Electric (SDG&E) and SBC Pacific Bell regarding the cost and effectiveness of the proposed standard, which requires full lane- width grinding and resurfacing of utility trenches located longitudinally within prime, major, and four-lane roadways. Staff worked extensively with the utility companies and is now requesting that CiD- Council adopt the proposed standards (see Attachments 2 and 3, respectively). RECOMMENDATION: That Council approve the resolution adopting Chula Vista Construction Standards 3 & 4 Relating to Trench Backfill and Surface Restoration COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Proposed Chula Vista Construction Standards CVCS-3 and CVCS-4 would require full lane-width grinding and resurfacing of trenches located longitudinally within higher volume, higher speed four- lane and six-lane roadways to address durability, smoothness (drivability), and aesthetic problems evident with current trench repair methods. The following explains staffs reasons for modifying the current standard adopted by City Council in 1997: I. Durability- In order to assure a roadway's structural integrity, as well as to assure a service life equal to the surrounding, undisturbed roadway, trench repair standards must address the inherent damage that trenching causes to the pavement structure (aggregate base course and asphalt concrete) and to the pavement substructure (subgrade soils underlying the pavement structure). In most soil types, trenching leads to a loss of vertical support within the subgrade and pavement structures and a loss of lateral support within the trench walls, thereby leading to early pavement deterioration and distress in many cases. Loss of structural support may also result in significant pavement distress and deterioration outside of a trench's limits due to soil settlement in spite of the best efforts by utilities to provide a sound and stable trench repair. This extension ora trench's influence upon a roadway beyond the trench lines has a negative effect upon the City's limited maintenance budget resources. The current "T-Trench" repair standard requires grinding and repaying of the width of the trench plus six inches on both sides (thereby resembling a "T"). However, as observed by City staff, the application of wheel forces acting upon the "T-Trench" repair adjacent to older Page 2, Item Meeting Date 7/22/03 asphalt pavement appears to accelerate the deter/oration of the older, more brittle asphalt pavement and to cause distortion of the new asphalt within the repair section. The proposed full lane-width repair standard addresses this problem by assuring the placement ora uniform 1-1/2 inch-thick mat of new asphalt within the entire travel lane, which actually "bridges" across the trench for a more uniform distribution of wheel forces, thereby eliminating differential stresses upon the pavement and pavement structural section. 2. Smoothness (Drivability) - The long-term smoothness ora pavement is an important safety concern, particularly on higher speed and hi~er volume roadways. Although a trench repair using current "T-Trench" repair standards may iaitially be smooth, additional, non-uniform compaction of the asphalt often occurs under wheel forces, leading to pavement distortion within the trench repair area, such as wash-boarding (pavement ripples a!ong the direction of travel) and rutting (long troughs along the direction of travel) of the pavement, which can be very hazardous on higher speed roads, particularly when the pavement is wet. Washboarding and rutting also causes ponding of water, which leads to early pavement degradation and failure. Further, it is reasonable to require that the roadway be of equal smoothness before and after installation of underground facilities and trench resurfacing. It is difficult to assure a smooth and drivable pavement surface in the long-term with the current "T-Trench" repair standard due to a number of factors, including the width of the trench and trench repair, the types of equipment used for narrower trench repairs, the uniformity of pavement grinding and placement of uniform quantities of asphalt (pounds per cubic foot) within the "T-Trench", and rolling and finish/ng procedures. The difficulty in providing smooth, drivable trench rephirs in relatively narrow trenches is evidenced by the poor trench repairs on southbound Fourth Avenue, between "I-F' and "L" Streets and on westbound Main Street, i~mnediately east ofi-805. It should be noted that SDG&E's paving contractor has attempted to repair the trench on Main Street three times and City staff has notified SDG&E that the trench cut has still not been satisfactorily repaired, thereby requiring a fourth disruption of the roadway to correct smoothness deficiencies. The proposed full lane-width repair standard assures the long-term smoothness and drivability of the completed trench repair because the types of equipment and methodologies needed to accomplishment full lane-width grinding and resurfacing are the same as those used for new roadway construction and for pavement overlays in the City of Chula Vista. The equipment needed for full lane-width grinding uniformly ghnds the entire paving lane in one pass, thereby assuring a uniform depth for the placement of the asphalt mat. The paving equipment needed for full lane-width grinding places a uniform amount of asphalt across the mat, allows for grade breaks within the lane that are often necessary on older roads that have been overlayed several times, matches adjacent pavement grades better, and (with the use of automatic devices) places a uniform amount of asphalt across the mat, thereby resulting in a pavement less susceptible to distortion caused by unequal distribution of material. Page 3, Item Meeting Date 7/22/03 3. Aesthetics - The appearance ofthe roadway is important to the City's residents, businesses, and visitors that use the City's street system. The proposed standard provides a more uniform, rather than a patched, appearance to the City's major roadways. 4. Traffic Impacts - The proper and complete repair of a trench is critical because repairing previous trench repairs leads to unnecessary disruption of the roadway and to increased hazards to the public. Therefore, it is important to assure that all trench repairs are durable, smooth, and properly constructed from the start. The proposed standard will significantly reduce the need to fix failed trench repairs on the City's major circulation element streets. The proposed full lane-width grinding and resurfacing standard proposed for all four-lane and higher roadway classifications will assure that the above criteria are satisfied, as evidenced by the following projects that have utilized this standard: · Salt Creek Interceptor Sewer, Phase 1~ Main Street, Interstate-5 to East of Broadway · Salt Creek Interceptor Sewer, Phase 3, Main Street, Interstate-805 to the East · Sweetwater Authority Water Main Replacement within Fourth Avenue, "E" to "G" Streets · Sweetwater Authority Water Main Replacement within Broadway, "C" to "E' Streets · Otay Water District Recycled Water Mains, Otay Lakes Road/Telegraph Canyon Road · SDG&E Pipeline 2000, Otay Lakes Road, Telegraph Canyon Road to Bonita Road Initially, San Diego Gas & Electric and Pacific Bell expressed concerns that the proposed standard was unnecessary, would significantly and prohibitively increase the cost of constructing and maintaining their underground facilities within the City of Chula Vista, and would have a significant impact upon their ratepayers throughout San Diego County. In addition, City staff worked with SDG&E on alternative construction methodologies that might possibly satisfy the durability, smoothness, and aesthetic criteria on two utility undergronnding projects - Fourth Avenue, "H" to "L" Streets and Broadway, "C' to "E" Streets. The methodology used on Fourth Avenue was not successful and will be corrected by SDG&E and the methodology used on Broadway had mixed results and portions of the work will be redone. In order to adequately address concems expressed by SDG&E and SBC Pacific Bell regarding the standard's cost to its ratepayers, City staff queried its utility permit database for the period January 2001 to April 2003. Staff eliminated ali permits funded with 20A utility undergrounding funds, permits associated with development projects, permits associated with City Capital Improvement Program projects, and permits within two-lane roadways. Staff then conducted individual field visits with SDG&E, SBC Pacific Bell and Cox Communications of the relatively small number of remaining trenches within four-lane and higher roadways. The result is that, between January 2001 and April 2003, only one 420 feet-long portion of gas main trench within Main Street was identified that would have required full lane-width grinding and resurfacing at an estimated additional cost of $10,000, which is negligible and would not have impacted ratepayers. In addition, staff committed to work with the utility companies in the planning stages of their projects in order to assist in the Page 4, Item ~) Meeting Date 7/22/03 siting of facilities and trenches in the roadway such that the need to implement the full lane-width grinding and resurfacing standard could be minimized, if not eliminated. Finally, at the urging of SDG&E and SBC Pacific Bell, provisions were included in the standard that would give the City Engineer the discretion to modify the standard upon written request prior to permit issuance based upon the following criteria: (1) existing condition of the pavement; (2) future rehabilitation strategies and schedules; (3) depth of trench; (4) other trench work in the area; (5) existence ora comparable trench paving teclmology or techniques which would achieve the desired road smoothness and longevity; and, (6) other site-specific conditions and factors deemed by the City Engineer to alleviate the need to cold-plane and overlay the entire lane. The final version of proposed standard was e-mailed to all utility representatives for comment on May 30, 2003. No comments were received. Therefore, staff recommends adoption of proposed Chula Vista Construction Standards CVCS-3 and CVCS-4. FISCAL IMPACT: The adoption of the proposed standard will have no impact on the General Fund, other than the costs for purchasing or printing. These costs are included in the Department's operating budget as a routine item. City staff has already implemented the full lane-width repair standard on City Capital Improvement Program projects involving the construction and permanent resurfacing of trenches within four-lane and higher classification roadways at an estimated increased construction cost of $8 to $15 per lineal foot of trench (depending upon trench length and width). However, this estimated cost does not account for benefits derived from the standard's implementation, such as decreased trench maintenance costs, decreased disruption of the roadway, improved drivability, improved traffic safety, and improved visual perception (aesthetics) of the City. File: LY-051 J:~Engineer~AGENDA\cvcs3 &4.113.kpa.doc Revised 07/17/2003 9:50 AM RESOLUTION NO. 2002-447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF TIIE 2002 CHULA VISTA SUBDIVISION MANUAL, THE 2000 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ("GREENBOOK"), 2000 GREEN'BOOK REGIONAL SUPPLEMENTS, THE 2000 REGIONAL STANDARD DRAWINGS, 2002 CHULA VISTA STANDARD SPECIAL PROVISIONS, 2002 CHULA VISTA DESIGN AND CONSTRUCTION STANDARDS (EXCLUDING CVCS-3 & 4), PORTIONS OF THE 1999 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD PLANS AND STANDARD SPECIFICATIONS PERTAINING TO TRAFFIC SIGNALS, SIGNAGE, STRIPING, AND SAFETY DEVICES, AND THE 1996 STATE OF CALIFORNIA MANUAL OF TRAFFIC CONTROLS WHEREAS, Engineering staff has prepared revisions to the Chula Vista Subdivision Manual to reflect changes in standard engineering practices and current planning policies affecting subdivision design; and WHEREAS, the Subdivision Manual incorporates changes recommended by the Departments of Public Works, Fire, Building and Park Construction, and Planning and Building, along with various recommendations from the development and design professional communities; and WHEREAS, in 2000, the "Standard Specifications for Public Works Construction", commonly known as the "Greenbook' was revised to reflect changes in technologies, specifications, and performance tests for the construction industry; and WHEREAS, the Regional Standards Committee (which includes Chula Vista) has updated the Regional Standard Drawings end Specifications and has published the revised 2000 edition; and WHEREAS, Engineering staffhas also revised the City of Chula Vista Standard Special Provisions and the City o£ Chula Vista "Department of Public Works Design Standards and Construction Standards." NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the following construction standards for the City of Chula Vista: 1. Subdivision Manual - dated July 2002. 2. Standard Specifications for Public Works Construction - 2000 Edition "Greenbook". 3. 2000 Regional Supplement Amendments to Standard Specifications for Public Works Construction (Greenbcok Regional Supplements). 4. San Diego Area Regional Standard Drawings - dated March 2000. 5. City of Chula Vista Standard Special Provisions - dated September 2002 (Excluding CVC-3 & 4). Resolution 2002-447 Page 2 6. City of Chula Vista Department of PublicWorks Design and Construction Standards, 2002 Edition. 7. Portions of the State of California, Department of Transportation, Standard Plans and Standard Specifications pertaining to traffic signals, signage, striping, and safety devices - dated July 1999. 8. State of California Manual of Traffic Controls - dated 1996. Presented by Approved as to form by J ' P Lippi'tt ~ ~blic 'Works Director Ci~ Attorney Resolution 2002-447 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of November, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None , ! Shirley Hor~6n, Mayor ATTEST: Susan Bigelow, City Clcr~ 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. 2002-447 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of November, 2002. Executed this 12th day of November, 2002. Susan Bigelow, City Clerk ~ I' 24" MI.N. (PAVE. SECT) SEE NOTE 8. ~l ~ ' 'T P---6"~-I /~--1-1/2 ASPHALT CONCRETE (MIN)~ i-..-6',~ FULL DEPTH ~C. j ' .~ ~ . · ~[[N BOO~ S~D~DS SEE NOTE 2 ' ' ' ' ~TERIAL TO ~E SE 30 .... ~ ~ OR CR~TER CVCS-4 1 1/2" ASPH~T CONCRgE (MIN,) ~PA~MENT SECTION 18" TO 24" ~l , TO 24' kc. ~D ~E (M~N.) (a~N.) ~ (SEE ~TE 10) ,oO oO ~4" (amN.) ~2 (~.) Revised: 0~aa~pro~al aate:2-,~-~o CITY OF CHULA VISTA ~s-03-0~ Ee~a~ ~: ARE ~a~: 7-26-95 PUBLIC WORKS DEPARTMENT ~~ ~NCH BA~ ~D CVCS NOTES: 1. EXISTING ASPHALT CONCRETE SHALL BE CUT AND REMOVEO IN SUCH A MANNER SO AS NOT TO TEAR, BULGE OR DISPLACE ADJACENT PAVEMENT. EDGES SHALL BE CLEAN AND VERTICAL. ALL CUTS SHALL BE PARALLEL OR PERPENDICULAR TO STREET CENTERLINe. WHEN PRACTICAL. 2. THE REMOVED PAVEMENT SECTION SHALL BE REPLACED WITH 13ASE MATERIAL AND ASPHALT CONCRETE. THE MINIMUM THICKNESS OF THE REPLACEMENT ASPHALT CONCRETE (A) SHALL BE: REPLACEMENT BASE SHALL BE CRUSHED AGGREGATE BASE 4" MIN. THICK. IF AGGREGATE BASE IS TO BE REPLACED WITH ASPHALT CONCRETE. THEN THE MINIMUM THICKNESS OF THE ASPHALT CONCRETE SHALL BE: ON COMPACTED BACKFILL - A=(B+I') + (C/2) ON SLURRY BACKFILL - A=(B+I') + (2C/3) (SEE SLURRY REQUIREMENTS BELOW) IF CEMENT TREATED BASE - A=(B+I') + (2C/5) 3. A TACK COAT OF EMULSIFIED ASPHALT (SS-1H OR RS-l) SHALL BE APPLIED TO ALL SURFACES WHICH WILL BE IN CONTACT WITH THE REPLACEMENT ASPHALT CONCRETE. 4. THE FINISH COURSE FOR RESURFACING SHALL BE LND DOWN USING A SPREADER BOX. ALL RESURFACING SHALL BE SEAL COATED WITH AN EMULSIFIED ASPHALT AND COVERED WITH SAND. 'CHIP SEALING SHALL BE APPLIED AS REQUIRED BY THE CITY. S. ASPHALT CONCRETE RESURFACING TO BE TYPE Iff, C-3 AR4000 FOR TOP COURSE (4" MAX. THICKNESS) (1/2" AGGREGATE). IF GREATER THAN 4" USE 2 OR MORE LIFTS, TOP LIFT WITH 1/2" AGGREGATE; LOWER LIFTS WITH 5/4" AGGREGATE. 6. SLOUGHING OF TRENCH UNDER PAVEMENF SHALL BE CNJSE FOR REQUIRING ADDITIONAL PAVEMENT AND BASE. LIMITS OF WORK TO BE DETERMINED BY THE CITY ENGINEER. 7. EXISTING STRIPING AND/OR TRAFFIC SIGNAL LOOPS TO BE REPLACED WITHIN 5 WORKING DAYS. 8, IN AN EFFORT TO MAINTAIN A STREET'S EXPECTED LIFESPAN, RETURN THE STREET TO THE SAME OR SIMILAR CONDITION AS BEFORE THE TRENCHING TOOK pLACE, AND TO MEET CiTY OF CHULA VISTA AND GREENBOOK STANDARDS PERTAINING TO ROAD SMOOTHNESS: · IF THE TRENCH IS LOCATED WITHIN A BIKE LANE, THEN THE ENTIRE BIKE LANE WIDTH SHALL DE COLD-PLANED 1-1/2" MINIMUM AND OVERLAYED 1-1/2" MINIMUM. · IF THE TRENCH IS WITHIN 24" OF A CONCRETE STRUCTURE (i.e., LIP OF OUT~ER. VAULT, ETC.), THEN THE AREA BETWEEN THE TRENCH AND THE CONCRETE STRUCTURE SHALL BE COLD-PLANED 1-1/2" MINIMUM AND OVERLAYED I-1/2" MINIMUM, · IF THE TRENCH IS LOCATED LONGITUDINALLY WITHIN THE TRAVEL LANE OF A PRIME, MAJOR, OR 4-LANE COLLECTOR STREET. THEN THE ENTIRE LANE SHALL BE COLD-PLANED 1-1/2" MINIMUM AND OVERLAYED 1-1/2' MINIMUM HOWEVER, THE CITY ENGINEER MAY, ON A CASE-BY CASE, BASIS AND AT HIS/HER SOLE DISCRETION, MODIFY THE REQUIREMENT TO COLD-PLANE AND OVERLAY THE ENTIRE LANE BASED UPON THE FOLLOWING CRITERIA: (1) EXISTING CONDITION OF THE PAVEMENT; (2) FUTURE REHABILITATION STRATEGIES AND SCHEDULES; (3) DEPTH OF TRENCH; (4) OTHER TRENCH WORK IN THE AREA; (SI EXISTENCE OF A COMPARABLE TRENCH PAVING TECHNOLOGY OR TECHNIQUES WHICH WOULD ACHIEVE THE DESIRED ROAD SMOOTHNESS AND LONGEVITY; AND, (6) OTHER SITE-SPECIFIC CONDITIONS AND FACTORS DEEMED BY THE CITY ENGINEER TO ALLEVIATE THE NEED TO COLD-PLANE AND OVERLAY THE ENTIRE LANE. THOSE ENTITIES WISHING THE CITY ENGINEER TO CONSIDER MODIFYING THE REOUIREMENT TO COLD-PLANE AND OVERLAY THE ENTIRE LANE SHALL, PRIOR TO PERMIT ISSUANCE, SUBMIT A WRITFEN REQUEST FOR SUCH MODIFICATION, SAID WRI1TEN REQUEST SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROJECT. THE PROJECT AREA AND THE REASONS WHY THE FULL-LANE REQUIREMENT SHOULD BE WAIVED. g. *IF THE STREET HAS EXISTING PAVEMENT FABRIC, THEN FABRIC OF A SIMILAR QUALITY MUST BE USED IN THE TRENCH REPAIR. TYPE 'l" ONLY (NARROW TRENCH) 10. CEMENT SLURRY BACKFILL: A. CEMENT SLURRY BACKFILL SHALL HAVE A MAXIMUM SLUMP OF S iNCHES. B. CEMENT SLURRY BACKFILL SHALL BE ~HOROUGHLY CONSOLIDATED TO ENCASE CONDUITS. TAMPERS OR VIBRATORS SHALL BE USED. C. LEAN CONRETE (TRENCH BACKFILL SLURRY) AS SPECIFIED IN SECTION 201-1.1.2 OF THE GREEN BOOK CONCRETE CLASS 100-E- 100. D ALLOW CEMENT SLURRY BACKFILL 24 HOURS MINIMUM TO CURE BEFORE RESURFACINQ. 11. I~PE "1-1" REQUIRES THE PLACEMENT OF THE PETROTAC TYPE PAVEMENT FABRIC AFTER THE PLACEMENT OF THE TACK COAT. TACK COAT MUST BE APPLIED OVER PETROTAC. 12. IN STREET WITH FABRIC REINFORCING MATERIAL INSTALLED, SLURRY BACKFILL SHALL,BE BROUGHT UP TO THE EXISTING FABRIC MATERIAL, · ITEMS. IF THEY APPLY, TO BE KNOWN AT TIME OF PERMIT. Revised: Original approvai date:2-,3-,o CITY OF CHU/A VISTA By: ARR JDate: 5-4-98 PUBLIC WORKS DEPARTMENT 6-12-97 Redrawn cv. 9-s-o NOTES FOR TRENCH BACKFILL cvcs cw 6-,8-o~ CIT'~NGINEER Date~,-2r~-l~q kND SURFACE RESTOP, ATION 4 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF CHULA VISTA CONSTRUCTION STANDARDS CVCS-3 & 4 RELATING TO TRENCH BACKFILL AND SURFACE RESTOP-,~ATION WHEREAS, on November 12, 2002, City Council approved Resolution No. 2002- 447, which among other things, adopted revisions to the Chula Vista Subdivision Manual and the standards and drawings used in public works construction in the City of Chula Vista; and WHEREAS, CVCS-3 and CVCS-4 were the exception since they related to the restoration requirements for utility trenches within the City;, and WHEREAS, CVCS-3 and CVCS-4 were withheld from consideration at that time in order to address a number of concerns expressed by San Diego Gas and Electric (SDG&E) and SBC Pacific Bell regarding the cost and effectiveness of the proposed standards; and WHEREAS, the proposed Chula Vista Construction Standards CVCS-3 and CVCS- 4 would require full lane-width grinding and repaying of trenches located longitudinally within higher volume, higher speed four-lane and six-lane roadways to address durability, smoothness (drivability), and aesthetic problems evident with current trench repair methods; and WHEREAS, the proposed standards are necessary to ensure the durability, smoothness and aesthetics of Chula Vista roadways and to minimize the need for future road closures due to failed trench repairs; and WHEREAS, a query of the City's utility permit database between January 2001 and April 2003 showed only one 420 foot-long portion of gas main trench that would have required a full lane-width grind and resurface, at an estimated additional cost of $10,000, if the proposed standards would have been in place during that time period; and WHEREAS, provisions were included in the proposed standards that would give the City Engineer the discretion to modify the standards upon written request prior to permit to issuance based upon the following criteria: (1) existing condition of the pavement; (2) future rehabilitation strategies and schedules; (3) depth of trench (4) other trench work in the area; (5) existence of a comparable trench paving technology or techniques which would achieve the desired road smoothness and longevity; and, (6) other site-specific conditions and factors deemed by the City Engineer to alleviate the need to cold-plane and overlay the entire lane. NOW, TI-I~REFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the adoption of the Chula Vista Construction Standards CVCS-3 & 4, as shown in Exhibits A and B, a copy of which shall be kept on file in the office of the City Clerk. Presented by Approved as to form by Clifford Swanson Ann Moore Engineering Director City Attomey · J:Attomey~R~o~cvcs 3 & 4 EXHIBIT A ~.. I 24' MIN (PAVE. SECT) SEE NOTE 8. ~U~ED ~E~TE ~E OR~ FU~ D~ ~C. SEE NO~ 2 :.. ~;. :~:~, ? .:.. ;.. SEE NO~S I- ,~* ~,. (..~.c. ~..) ~CS-4 ~PE 'U" 1 1/2" ~P~T CONCR~E (MIN.) ~A~M[~ SECTION / -6'- -6'-, ' ~/~ ~6~ -6'~ ' kc. ~ ~ (~m.) ~ (E ~TE 10) oO joO ~' (~.)-- ~PE "1- (1)" ~PE "1- (2)" ~.~: ~.~ ~.~:~-,~-~oCITY OF CHULA VISTA ~-~ ~ ~ ~R ~: ~-~-~s PUBLIO WORKS DEPArTmENT EXHIBIT B NO~ES: ' ' 1. EXISTING ASPHALT CONCRETE SHALL BE CUT AND REMOV~ IN SUCH A MANNER SO AS NOT TO TF_.~, BULGE OR DISPLACE ADJACENT PAVEMENT. EDCES SHALL BE CLEAN AND VERTtCAL. ALL CUTS SHALL I~ PARALLEL OR PERPENDICULAR TO STREET CENTERLINE, WHEN PRACTICAL. 2. I~IE REMOVED PAVEMENT SECT1ON SHALL BE REPLACED WITH BASE MATERIAL AND ASPHALT CONCRETE. THE MINIMUM THICKNESS OF THE REPLACEMENT ASPHALT CONCRETE (A) SHALL BE: A~(B+I') REPLACEMENT BASE SHALL BE CRtJS~ED AGGREGATE BAS~ 4' MIN. THICK. IF AGGREGATE BASE IS TO BE REPLACED ~ ASPHALT CONCRETE. THEN 1HE MINIMUM THICKNESS OF THE ASPHALT CONCRETE SNN. L BE: ON COMP~ B~'KF~LL - A=(B+I') + (C/2) ON SLUEBY BACZFa. L - A=(B+~") + (2C/~) (SEE SLURRY REOU~IE3VTS BELOW) IF CEMENT TREATED BASE - A~(B+I') + (2C/3) 3. A TACK COAT OF EMULSIFIIiD ASPHALT (SS-1H OR RS-l) 5HALL BE APPLIED TO ALL SURFACES WHICH WILL I~E IN CONTACT WITH THE REPLACEMENT ASPHALT CONCRETE. 4. THE FINIS{4 COURSE FOR RE~URFACING SHALL BE LAID DOWN USING A SPREADER BOX. ALL RESLIRFACING SHALL BE SEAL COATED WITH AN EMULS{FIEO AS~T AND COVERED WrfH SAND. *CHIP SEALING SHALL BE APPLIED AS REOUIRED BY THE CI~Y. 5. ASPHALT CONCRETE RESUR~ACING TO BE Tt33E I#. C-5 AR4000 FOR TOP COURSE (4' MAX. THICKNESS) (1/2' A~GREOATE). IF GREAT~ 1HAN 4' USE 2 OR MORE LIFTS. TOP LIFT WITH 1/2' AGGREGATE; LOWER LIFTS WITH 3/4' AGGREGATE. 6. SLOUCHING OF TRENCH UNOER PAVEMENT SHALL BE CALiSE FOR REOUIRING ADD~'IONAL PAVEMENT AND BASE. LIMITS OF WORK TO BE DETERMINED BY THE ClIY ENGINEER. 7. EXISTING STRIPING AND/OR TRN:'FIC SIGNAL LOOPS TO BE REPLACED WIIHIN 5 WORKING DA~S. 8. IN AN EFFORT 10 MNNTNN A STREET'S EXPECTED UFESPAN. RETURN THE STREET TO THE SAME OR SIMIkAR CONDmON AS BEFORE THE TRENCHING TOOK PLACE, AND TO MEET CITY OF CHULA V1STA AND GREENBOOK STANDARDS PERTAINING TO ROAD SMOOTHNESS: -iF THE TRENCH IS LOCATED WITHIN A BIKE I~E. THEN THE ENI~RE BIKE LANE WIDTH SHALL BE COLD-PLANED I-1/2' MINIMUM AND OVERLAYED 1-1/2' MINIMUM. · IF THE 'I~ENCH IS WITHIN 24' OF A CONCRETE STRUCTURE (i,e., LIP 0E GUTTER, VAULT. ETC.). THEN THE AREA BEI~VEEN THE TRENCH AND THE CONCRETE STRUCTURE SHALL BE COLD-PLANED 1-1/2" MINIMUM AND OVEELAYED 1-1/2' MINIMUM. · IF THE TRENCH IS LOCATED LONGIllJDINALLY WITHIN THE TRAVEL LANE OF A PRIME. MAJOR, OR 4-LANE COLLECTOR STEEET~ THEN THE ENllBE LANE SHALL BE COLD-PLANED 1-1/2" MINIMUM AND OVERLAYED 1-1/2' MINIMUM. HOWEVER, THE CITY ENGINEER MAY. ON A CASE-BY CASE, BA~S AND AT HIS/HER SOLE DISCRETION, MODIFY THE REUUIREMENT TO COLD-PLANE AND OVERLAY THE ENTIRE LANE BASED UPON THE FOLLOWING CRITERI~c (1} EXISTING CONDITION OF THE PAVEMENT; (2) FUTURE REHABILITATION STRATEGIES AND SCHEDULES; (5) DEPTH OF TRENCH; (4) OTHER TRENCH WORK IN THE ARE~ (5) EXISTENCE OF' A COMPARABLE TRENCH PA~ING TECHNOLOGY OR TECHNIC)LIES WHICH WOULD ACHIEVE THE DESIRED ROAD SMOOTHNESS AND LONGEVITY; ANO. (6) OTHER SITE-SPECIFIC CONDITIONS AND FACTORS DEEMED BY THE Cr~( ENGINEER TO ALLEVIATE THE NEED TO COLD-pLANE AND OVERLAY THE ENllRE LANE. THOSE ENTreES WISHING THE Cr~Y ENGINEER TO CONSIDER MODIFYING THE RECRJIREMENT TO COLD-PLANE AND OVERLAY THE ENTIRE LANE SHALL, P~IOR TO PERMrr ISSUANCE, SUBMIT A WR~qLrN REQUEST FOR SUCH MODIFICATION. TYPE "1" ONLY (NARROW TRENCH) SHALL BE USED. C. LEAN CONRETE (TRENCH BACKFILL SLURRY) AS SPECIFIED IN SECTION 201-1.1.2 OF THE GREEN BOOK CONCRE~I~ CLASS lO0-E- I00. COAT. lACK COAT MUST BE APPLIED OVER PETROTAC. 12. IN STREET WITH FABRIC REINFORCING MATERIAL INSTALLED. SLURRY BACKFILL SHALL BE BROUGHT UP l0 THE EXISTING Revised: 0ri inalap])rova] date:2-,3-,o CITY OF CHULA VISTA ~-12-97 Redm.n By: AI~ pate: 5-,~-~S PUBLIC WORKS DEPARTMENT NOTES: YOR TRgNC]:I BACKFILL cvcs ~ 6-18-03 CI'I~GINP,~:R l)ate:~_Z~d~ AN]) SURFACE RESTORATION 4 JUL-22-2003 10'40 SEMPRR -Llrl-v\, ~ 8 6196995059 P.Ø2/03 e~ .·..Sempra Energy ".Nlt N. Trl'. "ttòrnty 101 Ash Stre!!tHQ11E1 5ðn OI~Oo. CA 92101-3017 Tel: 619 . 599. =:0.04., ~'ax: 619 . 699 . 51eg ftraPÞ'lìSlmpra.com July 22, 2003 VIA FACSIMILE 619-476-5379 The Honorable Mayor Padilla CityofChu1a Vista City Hall 276 Fourth Avenue Chula Vista, CA 91910 Re: Council Agenda Item 8 - CVCS - 3&4; Trench Repair Standard Dear Mayor Padilla: San Diego Gas & Electric Company (SDG&E) would like its objection to the proposed resurfacing standard, CVCS-3 &4, included in the record. SDG&E has been working c10sely with the City's Construction and Engineering staff to assist tbe City in accomplishing its resurfacing goals without placing an e"cessive financial burden on SDG&E customers by significantly increasing street repaiI costs in the City of Chula Vim. Both the City of Chula Vim and SDG&E share a common goal: ensuring that the City of Chula Vista's street repairs are made with high quality workmanship. SDG&E has the obliga.tion to repair the City ofChu!a Vista's streets to the City's reasonable standards. However, the proposed standard imposes resurfacing requirements that arc analogous to the maintenance or rehabilitation of street pavements. SDG&E and the City previously agreed and the Public Utilities Code provides that SDG&E has the obligation to "repair" the street pavement. In addition. as we have stilted numerous times. SDG&E guarantees its work for the life of the street. In fact, SDG&E is currently responsible for repairing unsatisfactory work even without the proposed ordinance. Thus, SDG&E respcctful1y requests that it be exempted from these new and different requÏIements. Gj It is estimated that this new standard will ¡neroasl: thl: costs of resurfacing streets in Chula Vista by 150% compared to every other city in San Dicgo County. The City should be aware that, ifpassed, the City staff's proposed standard would also have a direct impact on the City's electric line undergrounding program. The City's annual allotment for 20A funds for undergrouruling projects will be spent at a much faster pace. The estimated 150% increase in resurfacing costs win diminish the amount of funds . JU.-22-20Ø3 1Ø' 41 !ÏãQ." ... 6196995059 P.03/03 City of Chula Vista July 22, 20m Page 2 available. City staffhas indicated that they realize that the rate ofllndergrounding projects will slow, but we urge you to consider how SDG&E's ratepayers and your constituents expect the 20A funds to be spent. SDG&E believes that this ìssue should be resolved in a more reasonable, cost effective manner. For example, SDG&E has been working with the City to identify a new technology tbat will accomplish the City's goals while protecting ratepayers. SDG&E most recently \l5ed a new paving machine to rcpair Broadway Street. City Engineering staff indicated that this equipment shows promise and with further testing may be implemented permanently. Thus, one option is for you to al10w SDG&E the timc to test this equipment fUrther. We could also work out a mutually agreeable arrangement where SDG&E would avoid work in newly repaved streets for a two or three year period except in the case of emergencies or when establishing new servicc. There may be other more viable options available and we are committed to finding them. Again, at this time, SDG&E is opposed to this standard being imposed on SDG&E'scustomers. SDG&E's mission is to provide safe and reliable electricity to the businesses and residents of Chula Vista, not aesthetic enhancements to City streets. It is our hope that we can come to agreement on a standard that will accomplish the City's goals and protect SDG&E's ratepayers. At this time, we reserve our rights to seek compcnsation to protect our ratepayers outside of Chula Vista and to pursue legal achon pending our evaluation of how this standard is implemented as it relates 10 SDG&E. If you would like to further discl.lis this issue, please do not hesitate to contact me at 619- 699-5049, Thank you for your consideration. Sincerely, t~ .. RMT/Ij TOTAL P.Ø3 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 7/22/03 ITEM TITLE: Resolution Waiving the consultant selection process as impractical and approving the Second Amendment to the agreement with MuniFinancial LLC, £or special tax consultant services for the annexation o£ a portion of the Otay Ranch Sectional Planning Area 12-Freeway Commercial Plan, Chula Vista Tract 03-11 to hnprovement Area A o£the existing Otay Ranch Preserve Maintenance District (CFD 97-02), and authorizing the Mayor to execute said Amendment SUBMITTED BY: Director o£Engineering ~ REVIEWED BY: City Manager ~/ (4/Sths Vote: Yes No X ) On April 15, 2003, by Resolution No. 2003-165, Council approved the Tentative Map for a portion of the Otay Ranch, Planning Area 12-Freeway Commercial currently owned by McMillin Otay Ranch LLC. In compliance with condition of approval No. 23 of said Tentative Map, McMillin has requested that their project be annexed to Improvement Area A of CFD 97-02. The special taxes collected from the properties located within Improvement Area A will fund the operation and maintenance activities of the Otay Ranch Habitat Preserve. Tonight, Council will consider waiving the selection process and approving the Second Amendment to the existing agreement with MuniFinancial LLC to enable the consultant to provide special tax consultant services for the required annexation of the McMillin ownership in Village 12 to Improvement Area A of CFD 97-02. RECOMMENDATION: That Council adopt the Resolution waiving the consultant selection process as impractical and approving the Second Amendment to the agreement with MuniFinancial LLC for providing additional special tax consultant services associated with the annexation of the McMillin ownership in Village 12 to Improvement Area A of CFD 97-02 (Preserve Maintenance District), and authorizing the Mayor to execute said Second Amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Consultant Selection On March 12, 2002, Council, by Resolution No. 2002-062, approved the agreement (Attachment 1) with MuniFinancial LLC for special tax consultant services for the formation of maintenance CFDs within the City. The agreement was amended for the fist time on November 19, 2002 (Attachment 2) to waive the selection process and to retain MuniFinancial LLC for providing special tax consultant services for 1) forming the maintenance CFD for Village 12, and 2) annexing Village 6 and Village 11 projects to the existing CFD 97-02. Working within the scope of work under the original agreement and first amendment, MuniFinancial LLC has provided special tax consultant services for the Maintenance Community Facilities Districts for Eastlake IH Woods and Vistas, McMillin Company Village 6, Otay Ranch Village 6, Brookfield- Page 2, Item ~ Meeting Date 7/22/03 Shea-Otay Village 11, Freeway Cormnercial Village 12, and Eastlake Land Swap Parcels. The ffn-m's knowledge of the Eastern Territories is extensive and up-to-date. Given its experience and knowledge of the project area, staff believes that MuniFinancial LLC is in an excellent position to provide the required special tax services for the proposed annexation. Therefore, staff recommends that the City's selection process be waived in the interest of providing a consultant: · That the City has selected originally as the most qualified for maintenance CFDs proceedings, · That has previously provided special tax consultant services to the City for several maintenance CFDs in eastern Chula Vista, · That has demonstrated an ability to work efficiently on past projects, · That possesses extensive knowledge and experience in this type of projects, · That has mastered a unique understanding of the development issues in the City of Chula Vista. Staff believes that 1) the benefits of embarking on a new selection process for such small project would not be cost effective, and 2) having a new consultant on board would not outweigh the risks to the City of trying to conduct these proceedings supported by documentation from consultants who may be unfamiliar with the applicable market and the needs of the City. In staff's opinion, it is in the best interest of the City to waive the formal consultant selection process and approve a Second Amendment to the MuniFinancial agreement. Fees Estimates MuniFinancial LLC will provide special tax consultant services associated with the annexation of the McMillin ownership in Village 12 to Improvement Area A of CFD 97-02 for a single fixed fee arrangement of $6,900. Staff has verified that the fees are in line with levels that the City has previously paid, and has reviewed the proposed amendment and considers it ready for Council approval. The City Attorney has approved the proposed agreement as to form. Consultant Payments to Date The total fees paid to MuniFinancial LLC on all City projects (CFDs and others) over the past twelve months is $275,105. FISCAL IMPACT: None, the developer will solely fund the costs of conducting the proposed annexation proceedings. Attachments: 1. Original Agreement between the City and MuniFinancial LLC. 2. First Amendment to the Agreement between the City and MuniFinancial LLC J:\Engineer\LANDDEV~CFD's\Village 12- Maintenance\CAS-MuniFinancial annexation2a,doc ATTACHMENT?... Paruies and Reci~a! Pa~ce(s) City of Chu!a Vista - MuniFinancial .... C ?"-D ! :~ /¢ For Special Tax Consultant Services for tt%'e Fo-~mation of Maintenance Community Facilities Districts within the City Of Chula Vista Pursuant to the Mello-Roos Co~m~inity Facilities Act of 1982 This agreement ("Agreement,,), dated ('-'~¢~ I,P~''-~''~'''''' for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in ~xhlblt A, Paragraph ! is between ~n_ City-related entity as is ' ' ~ ' · · - !nd!caued on EY~!b!t A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and MuniFinancia! the entity . indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on E~nibit ~, paragraph 5, and whose o!ace of business and te!eohone '=~ =~ .... - numm__s are s_- forth on E~nz~mt A, paragraph 6 ("Consultant,,), and is made with reference ~o nhe following facts: Recitals whereas, staff prepared and issued a Recuest for Prooosa!s (R~?) in November 2001 '~' - - - wlun the intent to negotiate separate contracts for each of the proposed Community Facilities Distric5 (C-=~D) within East!eke ZZZ W~od~ & Vistas, McMi!lin Company Village 6, Otay Ranch Village 6, Brookfie!d-Shea-Otay Village !!, Vil!a~e 12 ~reeway Commercial and Eastlake Land Swap Parcel; and, Whereas, a total of uh~~_ (3) DroDosaqs were received and r-~__wed by the City's consultant selection committee in Januaz-¢ 2002; and, . WHEREAS, the City's consultant selection committee made their final recommendation in late January 2002; and, '~_4ER_~AS, the firm MuniFinancia! was recommended as the consultant to be awarded the contract to provide special tax consultant services for the formation of maintenance districts within Eastlake II! Woods & Vistas, McMillin company Village ~, Otay Ranch Village 6, Leld - ~.~[!~.l.~g~ii~[12 Fre and Sta=nda~d Form Two Party A == = - gr~-m_nt (Fourteenth Revision) Page ! ...... Ci~y s~aff had .'-; = - =-,.- --_r~_~__~-~~=='~'~= -_.-=-'~ has negomiated an agreemen~ oas-m on Whereas, Consultant warrants and reoresents_ that exTerienced and staffed in a mammer such that they are and can prepare and deliver the se~ices re~ired of Consultant to Cinv winhin the nime frames herein provided all in accordance with nke te~s and conditions of this Agreement; (End of Recitals. Next Page smarts Obligatory Provisions.) Standard Form .%'o Party Agreement (Fourteenth Revision) Page 2 Ob!iga~orv ?rcvisions NOW, ~P~FORE, 2? Tm.RESOLVED that the City and ~ ~ nereoy mutually agree as follows: 1. Consu!tan5's Duties A. General Duties Consultant shall perform al~ of the services desc__o~d on uno attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedu!e 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 inconsisuent with the General Duties, according and within the time frames set forth in ExZqibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paregraph 8, within the time frames set forth therein, time of -%= essence of =h_s agreement. The General Duties and the wor~ and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined ~ ' = ,, Se_wzc~s . Failure no ccm~=t= the Defined Services by the times indicated does non, excapm at 5he option of the City, operate to ~=~= this AgreemenE. - ~-' ..... C. Reductions in Scope of Work City may ~ -= = _ -n~p_na~:.~_y, or upon re_quest from Consultant, from time to time reduce 5he Defined Services to be performed by ehe ..... u=n ....... gr~_m ..... Upon doing so, City Consultant cTMto meet in good faith and confer for n~= purpose of negotiamixg a corresponding reduction in the comeensanio= associated wi~h said reduction. - -~zEzonal Se~ices in addition to performing the Defined Services herein se5 - · C!uv may require Consultant to perform additional consulting se_~_c_s related to uno Defined Se_~-vi~es ("Additional Sez-vices,) and upon do_~.g so in writing, ~r they are within ~h_ scope of seF~mces o ..... d by Consu!uant, Consultant sh=]l = ~ .... p~r_orm same on a ~m,~.= and ma~eria!s oas!s at the rates set forth in the "Rate Schedule,, in Exhibit ~ Paragraph ~ (C) unless a separate r, '-' - -- , _ fee is ~ = ~ ~ ~ . ouh~rw_s~ agreed upon ___l compensation for Additional Se_,_c_s shall D_ paid monthly as billed] Sta~=_=_d Form U-~'o Party Agreement (Fourteenth Revision) Page 3 E. Slan!~rd of C~re Consu!~anE, in performing any Services under this agreemenT, whether ~=' De ..... a Services or Additional Services, shall perform in a m ...... consistent with that level of care and skill ordinarily .exercised by members of the profession currently 'practicing under similar conditions and in similar locations. F. insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required Eo be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet w!uh the approval of the City: Statutory Worker's Compensation insurance and Employer's Li~r_bi!ity insurance coverage in the amount set forth in the at~ached E~i~ibit A, Paragraph 9. commercial General Liability insurance including Business Au5cmobi!e insurance coverage in the amoun5 see forth in E~hibit A, Paragraph k, combined single limit applied separately to each prsject away from premises owned or rented by Consu!%ant, 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 emp!cyees of the City in the same manner as mathers of 5he general public ("Crcss-liabi!ity Coverage"). Errors and Omissions insurance, in the amount set forth in Exi%ibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (!} Certificates of Insurance. Consultant shall demonstrate proof of coverage herein re~aired, 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 wi5houU at least thirty (30) days %.~itten notice to the Additional insured. (2) Policy Endorsements Required. St~-nderd Form T-~'o Party Agreement (Fourteenth Revision) Page 4 in order no remonstrate ~= Additional ins___d Ccv rrlmar¥ Csverage aha ~ross- l!ao!l!ty Coverage ~=--,~ Ccnsu!tant's Commercial General Liability insurance Policy, Ccnsultant shall deliver a Do!icy endorsement to aemonstrating same, which shall be reviewed and approved Risk Manager. - S_cu__uv for Performance. (!) Performance Bond. in the even5 5hat 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 satisfacto_~ to the Risk Manager or City Attorney which amo'~nt is indicat&d ' mn 5ne space adjacent to the term, "Performance Bond", in said Paragraph 19[ Exhibit A. (2) Letter cf Credit. in ~h= evenn that ~xn_~_= A, at Paragraph ~9, indicates 5he need for ~_=sut===_~ no provide a Letter of Credit (indicated by .... cn mar3~ in nhe parenthetical space immediately preceding the suumaracramh entitled "Letter of Credit,,), then Consultant shall Drcvide Eo the City an irrevocable letter of credit c=~]ab~e by the City at their un~=~=~=~ .... .... uu .... discretion by submitting to ~he bank a !e~ter, signed by the City Manager, stating that the Consultant is ~ breach of t~e terms of 'this ~ = = - --' -- -=gr~em_n=. The letter of credit shall be issued by a b~, and be in a form and amounm satisfactory to 5he Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of ~ - C_ed_= , in said Paregraph ~9, Ex' ' '~ A - ~lbl= (3) Other Security in the event ~hat Exhibit A, at Paragraph 19, indicates the need for Consu!tmnt to provide security other than a Performance Bond or a Letter of ~redit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Securitv,,), then Consultant shall provide to the City such o~=~ = .... security therein listed in a form and amount satisfactory. 5o the Risk Manager or City Attorney. Consultant agrees to obtain a business license from the City and to otherwise comply with Title moz the Chula Vista MuniciDa~ Code. ~ _ Standard Form ?wo Party A ~ = ~ -g-e_m_nt (Fourteenth Revision) Page 5 2. Duties cf the City A. Consultation and Cooperation City shall regularly consult the Consu!5~nt for the purpose of reviewing the progress of the =~ = D___n_d Services and 'Schedule th connained, and to provide direction and guidance to achieve objectives of this agreement. The City shall Del-mit access to ins office facilities, files and taco_csT' by Consuitant throughout ~'~ne term. of the agreement. In addition thereto,C!~y'~ agrees to prov___ the information, data, items and materials set forth on Exhibit A, Paragraph !0, 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 d=]ay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultann submitted to the City periodically as indicated in Exhibit A, -~aw=~aDh--__ _ .. 18, but in no event more frecment!v_ than monthly, on the day of the ~eriod indicated in .... - ELq!Dtt A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant acssrding nc the terms and conditions sen forth in Exhibit A, Paragraph !!, adjacent to the governing compensation re!ationshio indicated by a "checkmark" next to the aDeronriate arrangement, subject to the requirements for retention s%% f~rth in paragraph cf Eyiibit A, and shall compensa5e Consultant for out of pocket expenses as F~ ~ = ~ ~ '' ~_ov_d_d in =xh_b!n A, Paragraph !2. Ail billings submitted by Consultant shall contain sufficienn information as to the propriety of the billing to _= o_rm._~ the City to evaluate ti_~a~ the amo'~t du= an~ eayabte there ~=~ is _ _ ~ unG__ Droner, and shall specifically conmain the City's account number indicated on Exhibit=,~. Paragraph~ 18 (C) to be charged upon_ making suce pak~ent. 3. Administration of Contract Each party designates the individuals ("Contract Administrators.) indicated on E~qibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in~ =~h~ routine administration of this cr~= . - a__~menn 4. Term. This Agreement shall terminate when the Parties have comot~=d with all executory provisions he_~o=. Standard Form ?~s Party Agreement (~ou_u~ w~=~'~n Revision) Page The provisions cf uhis section aDD!v if a Liquidaued Damages R o is ~'-~ in __. p ...... d Exnzbi~ A, Paragraph ~g 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 -~= oeriod 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 ~xh_o!~ A, Paragraph !4 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant,s control, o~her than delays caused by the City, shall be requested in writing to nhe City's Contract Administrator, or designee, prior to the e>m~=t~on ~= the specified time. Extensions of time, When granned, '~ be , w___ based upon the effect of delays to une work and will no5 be granted for delays to minor portions of work unless iu can be sho%~, mha~ such delays did or wil~ de!ay the progress of eh= 6 ~ nan ~ ~ - - ~- ~c_a_ ±nteres~s of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated cn Exhibit A, Paragraph 15 as an "~m~C ~]=~,, Co~.sulu=~:u is deemed to be a "Consultant,, for mba purposes cf the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to nhe Cinv Clerk on the ~ ~= - - zequ___d Statement of Economic Interests in such reporting camegories as are specified in Paragraph 15 of E~ibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of '=~= ]~ ~ ~]=~, Con~,~] ..... wn_~..~r Consu_uanu is designated as an FPPC ........ u=~ sna!! not make, or participate in making or in any way attempt to use Consultant,s position to influence a governmental decision in which Consu!ta~t knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to DeteFmine Economic Interests. Standard Fo_~-m T-~-o Party Agreement (Fourteenth Revision) Page 7 Regariiess of whether Co~-~,~--~~ is ' ' - Filer, Co=~sz~=an= w ...... =s ate represents =n== Consu!uanu nas diligently conducted = search and ~ =~ ~ - _nv~..=o_y of Consultant s economic inuerests, as the term is used in the ~= u]au~s~= promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the'bes~ of Consultann's nnow!edge, h~ve an economic interest which would conzlmc= winh Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting interests. R~:== of whether Consultant is designated ~s an FPPC Filer, Consultant further warrants and represents tha~ Consultant will not acqaire, ob=amn, or assume an economic interest during the term of this Agreement ehich would constitute a conflict of in~erest as prohibited by the Fair Political Practices Act. E. Duty Eo Advise of Conf!icuing interests. Regardless of whether Consultant is d ' esmgnated ~s an FPPC Fz±=r, Consultant furnher warrants and ~_~ ~ ' -=e--s~nns that Consu!tann w___ immediaue!y advise uno City Attorney of City if Consu!tann !e~rns of an economic innerest of Consu!uant's, which m~y result in a uonf!ict cf interest for the purpose of the Fair Political Pr~saices Acm, and ragu!anions promulgated there under. -. _ ~=--==-=_~s Agaznst Economic Interests. Consu!tmnt warrants and represents that neither Consu!tann, nor Consu!n~nt's immediate family members, nor Consultant's employees or mgents {"Consu!nant Associates") present!v have any interest e .... =ly or indirectly, whatsoever in any property wnzcn may be the subject matter of the Defined~ Services, or in any property wiukin 2 radial miles from the exterior boundaries of an% property which may be ~he subject matter of the Defined Services, ("Prohibited interest"), other than as listed in Exhibit A, Paragraph Consultm~t further warrants e-nd represents that no promise of _u .... emD!o%ment, 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. Co=.=ul==n= promises to advise City of any such promise that m~y be made during nme Term of this Agreement, or for 12 Consu!tmnU agrees that Consultant Associates shall not accuire any such Prohibited_~__~Ym~=~ within the Term of this Ag___men~,~ or Standard Form ?~'o Party Agreement (Fourteenth Revision) Page 8 zsr 12 monnns =~n=~ nne =>-o~ -~- -= nhis ~greemenE exceon wiEh ~-= ~.~rmnnen permission cf City. Consultant may nee conduct or solicit any business for any patsy to this AgreemenS, or for any third party, which may be in conflict with Consultant,s resDonsibilitie~ under this Agreement, w!uh the written oermission of City. except '" ' - 7. Hold Harmless Consu!tan5 shall ~g=n .... ~ ..... d, lnae~%!iy, protect and hold harm_~_s the City, its elected and appointed officers and employees, from a~_a 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, awencies or firms for whom Consultant is legally responsible in copm-ection with the execution of the work co ~--d by th~s 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, emo!oyees. Also covered is liability arising ~r~.~, corm .... d w!uh, caused by er claimed to be caused by the acsive or oassive negiigant acts cr omissions of the City, its agenss, officers, or employees which may be in combination with the acm!ye or passive ne~!ice~t acts ~ omissions of the Consultant !ts employees, agents or o~!cers, or any third party. Winh respect ~o losses arising from Consultant,s professional errors or omissions, Consultant s~:=_l defend, indemaify, protect and hold harmless the City, its elected and aonointed officers and employees, from and against al! claims for demises, liability, cos5 and expense (including without limitation attorneys fees) excep5 for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant,s indemnification shall include any and all costs, e_x~__gnses, attorneys fees and liability incurred by the City, its ozzlcers, agenms or employees in defending against such claims, whether the same orocead to judgment or not. Consultant,s obligations ~nder t~is Section shall not be limited by ~ny 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 maPm. er Consultant,s obligations under this Standard Fo_~-m ?~o Party Agreement (Fourteenth Revision) Page a~reemenms or s~ipu!amlons of ~his Agreemexu, City ~e=il have --=.._ no ~erminate -' ' Agreement by ~n~s ' 'w__~:.~-~n notice ~_~=m!~an~ sf such ~ ~ sp~c__y_ng ~he effecmive mhereof at ±easm five (5} days before ~n~ ei~ectlve date of such termination, in that event, all finished or unfinished documents, da~a, studies, surveys, drawings, mans renorts and other materials ~reDared by Consultant shall ~ the option of the - - , _ Cl~y, become p~op~r~y of ~ee City, and Consultant shall be entitled to receive jusu and aTaitable compensation for any work satisfactori!v completed on such documents and other materials up to the effecuive ~date of Notice of Termination, not to exceed the amounts payable ..... undo_, and less any damages caused City by Consultant's breach. 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 Agr~m~:_~== =n- has resulted in expense to City grea~er te~! would have resulted ~ there w~_~ ' -- - -- ~= no such neglmgence, errors, o,~-~_o__s, Consultant shall rei~-uburse City for any additional expenses ~n .... ~=d by ~ne C!~y. No~hing h .... n ms intended ~o limit Cilv's P~GRrS under o~e=~ erovisions of mhis agreemenm !0. Terminamion of Agreemen~ for Convenience o~ City City m~y terminate mhis Agreement a~ any time and for any reason, by ~iving = sp~c___c wri~man no~ice to Consu!~an~ of such ~ax~ina~ion and specifying the effective da~e ~hereof, a~ least ~hirty (30) days before ~he effective da~e of such ~e~ina~ion. ~-- all finished ~ .... even~, and unfinished documents and other mameria!s described h~__i..abov~=~,~ = shall, at tee__ cation_ of the City, o~m_ City's sole and exclusive _ _~ei' !f the DroD_,_~. A~eement terminated by City as orovided in this oaracraoh, Consultant be entitled no receive just and e~itab!e' compensation for any satisfacto~ work completed cn such documents and other materials to the effective date of such termination. Consultant hereby ekTress!y., waives any and all claims for damages or compensation ar~szng under this Ag_~_m_nt except as set forth herein. !!. Assign~ility The seF~ices of Consultant are personal to the City, and Co:.=ul~an~.. shall not assign any interest in this Agreement, and on=__ ~ot L~s~e~ any ~-= ~ ' ........ u_res~ !n 5ne same (whether by assignment or novation) without Drier writsen consen5 of City h=__Dy consents to the assignment of the portions of the Defined So,ices lden~ .... d in E~hibit A, Paragraph !7 to the subconsu!tants identified thereat as "Pe~itted Subconsu!tants" Standard Form T~wo Party A~reement (Fourteenth Revision) Page !0 Ail reports, studies, mnzormanLon, ~a~a, statistics, zorms, designs, plans, procedures, systems and any other materials sr eronerties ~roduced under ~ ' - - _ ~hzs Agreement shall be the sole ~n~ ..exclusive property of City. No such materiaIs or properties produced in whole or in part under 5his Agreement shall be subjec5 to private use, copyrights or patent rights by Consultant in 5he United States or in any other country without the express wri55en 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. Any reuse by City on any project other than the project for which such materials were originally intended shall be at the City's sole risk. !3 znd-p .... =~-u Contractor City is interested only in nhe resu!~s obtained and Consu!tann shall perfc_~?, as an independent con5ractor winh sole conEro! of 5he marker and means of performing the services required under nhis Agreement. City maintains the right only 5o reject or accel5 Consultant,s work producns. Consultant and any of the Consu!tant-'s agents, employees or representatives are, for all purposes under th~s--- Agr~m== =~= ..... an independent con:factor and shall not be deemed to be an employee of City, 'and none of them shall be entitled ~o any benefits to which City employees are entitled including but not limited to, overtime, renirement benefits, worker's comDensas~o~ ...... , mn]ury leave cr oth=~'!eave b ...... =s. Therefore, Cisy will not witkhold state cr federal income tax, social security uax or any ~h=-- o~___ payroll tax, and Consultant shall be solely responsible for the Da¥~ent of same and shall hold the Ci;v harmless with regard ~qe%eto. ' 14. Administrative Claims Requirements and Procedures No suin or arbitration shall be brought arising out of this agreement, ~-~ =~=_nst the City unless a claim has first been presented in wr!tmng amd filed with the City and acted upon by nne City in accordance with the procedures set forth in Chapter !.34 of the Chu!a 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 ~==~ by the City in the implementation of same. Standard Form Y%'o Party A ~= ~ ~r__m_nt (Fourteenth Revision) Page !! Upon_ rerzes~_ b~. Oily, CO~_SU,_~.~ sna!i meet and c~-xfer· -..,~ ~s~_- failh with -~- for ~he ~urDose -~SO_v__~-- a~y GiSD~21~ over -e_~.-~ ~ of ~his ....... - ,- At~o.~y s Fees Should a dispute arising out of this Agreement resu!5 in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal 5o reasonable attorney's fees and court costs in c .... d. ?he "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in perfdrming the Defined Services, Consultant shall include, or cause the inc!usicn of, in said report cr document, a statement of 5he numbers and cost in dollar amounts of all contracts and subcontracts re!aning ~.o the preparation of the report or document. 17. Miscellaneous ~ Consultant not =,-' ~ _u~nor_z_~ 5o R_e ..... ~u City Unless specifically aunhor_zea~ ' in writing by City, Consu!tan~ shall have ns authority ~o act as City's agent to bind City to any co:.=~=c=ua_ agreements whatsoever. B. Consultant is Real Estate Broker a=_a/or Salesman if the box on E>~ibit A, Paragraph 16 is marked, ~he Consultant and/or their principals is/are licensed wiuh the State of Ca!ifornis or some o5her state as a licensed real estate broker = --sp~_=o~_. Other;isa, Consultant represents that n Consultant, nor their principals are licensed real estate brokers or sa!esperscns. C. Notices All notices, demands or re_qnests provided for or permitted to be given pursuant to this Agreement must be in writing. Ail notices, demands and requests to be sent 5o any party shall be deemed to have been properly given or served if personally served or deposited in the - Un_~d States mail, addressed to such paruy, postage pr_~__d, registered or certified, with return receip5 re~aested, au the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement Standard Form T%-o Party Agreement (Fourteenth Revision) Page 12 This Agreemenm, mo~euher with any referred no or connemp!ated herein, embody ~he entire Agreemenm and un!arstanding ' ~ ~ o_nw_~n nmb.parties relating no the subjecm ma~ner n-__o_. Neither this Agreement nor any ~rovision hereof may be amended, modified, waived or discharged exSeot by an instrumen~ in .writing executed by the party against which enfbrcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each sign. atory and party hereto hereby warrants and represents no uhe other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. ~my action arising under or relating to this ~=e =~ be --~-- m~.~ shall brought only ~--~= federal or state courts located in San Diego County, State of 2a!ifornia, and ~ applicable, the City of Chu!a Vista, or as -~=_ ~n .... o as eossib!e. -~ ..... for m~s ~ ~==. ~ - ...... g--~m_n~, and r. erfcrmance hereunder, shall be ~= City of Chu]a [end of page. next page is signature page.] Standard Form T%,o Party Agreement Fourteenth Revision) Page 13 ~_gn=~___ Page Agreemen~ between City of Chu!a Vista and MuniFinancia! For Special Tax Consultant Services for the Formation of Maintenance Community Facilities Districts ' ' ' wmth~n the City Of Chula Vista Pursuant to the Mello-Roos Commnulity Facilities Act of 1982 iN WITNESS WtqEREOF, 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: 0~ I,,l., 200___~ City of Chula Vist=_ Shirley ?ton, Mayor Sus-zn Bige!cw, Cit~ Clerk AD.roved as to form: Dated: MuniFinancial Michael McNamara, Vic~ President Paul Whitelaw, Vice President Ex3_ibit List to Agreement :x/l!b!u A. Standard Form T-~'o Party Agreement (Fourteenth Revision) Page 14 Exhibit A Agreemen5 between City of Chu!a Vista and MuniFinancia! 2. City-Related Entity: (X) City of Chu!a 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 ( ) !ndusnrial DeveloDmen~ A-u~hority of the City of Chu!a V!SEa, a ( ) Cther: [insert business form] , a ( "City" } 3. Place cf Business for City: City cf Chula Vista, 276 Fouruh .Avenue, Chula Vista, CA 91910 4 Consu!~: MuniFin=_~.cia! 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Coz?oration 6. Place of Business, Telephone and Fax Number of Consultant: 28765 Single Oak Drive, Suite 200 Temecu!a, California 92590 Voice Phone (909) 699-3990 Fax Phone (909) 699-3460 Sta~ndard Form T-~'o Party Agreement (Fourteenth Revision) Page !5 7. General Duties: a Eas~!ske TT7 WOO~S & '" ~ ~ .... ¥1s~a= Dro4ecn. The Projec% consisting of 2 061 -es_d ...... 1 dwelling units and 454.! acres of non- residential areas The proposed "' - ' · m!s=rlct would finance maintenance of open space lots totaling 136.7 acres, naturalized drainage channels, parkways, and medians on arterial roadways, extended detention basins, in-line water treatment units, and other miscellaneous improvements. b. McMi!!in Company Vil!ace 6 oroject. The Project consists of 694 residential dwelling units (482 SF and 212 MF) . The proposed district would finance the maintenance of: open space lots totaling 11.3 acres, parkways and medians of arterial and collector streets, portions of two pedestrian bridges, a portion of a major flood control charu~el, a portion of a regional detention basin and, possibly, storm water _quality facilities which may include in-line storm water treatment units. c. Otav Ranch Comoanv Vi!lace 6 orojecn. The Project consists of !~2 residential dwelling units (40! SP and 991 M?), 26 acres of non-commercial developed areas. The uroDosed disnrisn would finance the mainnenance of: open space totaling 9.5 acres, parkways and medians of arterial and co]~=c=o~ ~==e~ portions of ...... su .... =, two pedestrian bridges, a DorEzon of a m=jo~ flood control channel, a portion of a ...... ~e~-nu_~n basin and, possibly, storm waner quality _ac ...... s which may include in-line storm water treatment units. d. Brookfie!d-Shea-Otav Vi!!a~e !! Dro~ect. The Project consisms of 97~ single-family residential dwelling unins, 1!93 MF Units, !15 Mixed Uses (!0.~acres) . The proposed district would finance the maintenance of: open space lots totaling 53.0 acres, parkways and medians of arterial collector streets, offsite detention_ basins, storm w~_ quality facilities, and monitoring/maintenance erosion protection drop structures. The District would also be responsible for trail and path maintenance including pedestrian lighting and ~ ~ ' - pe~es~rman bridge maintenance. e. Vil!ace 12 Freeway Commercial. The Project consists of !0~ acres of commercial uses· The proposed CFD would finance the maintenance of parkways and medians along Oly~npic Parkway. f. Eastlake Land Swap Parcel· The Project consists of 65.0 acres Residential Dwelling Units and 50.7 acres of freeway commercial. The proposed CFD would finance the maintenance Sta~.dard Form Two Party Agreement (Fourteenth Revision) Page of parkways - Parkway. =ns .,:=~-~ns along Olympic Parkway and Easn!eke Please none nhat 5he first four CFDs described above, will incorporane the land uses proposed in the applicable Tentative Maps. The last two CFDs described above would not have Tentative Maps entitlements. The City will only pursue at this time, mne formation of "Interim" CFDs, which will be based on gross acreage of 5he proposed land uses within the project. 8. Scope of Work and Schedule: A. Detailed Scone of Work: Task ! Preliminary Dma!ysis: a. Data collection. The consultant will col!ecu data describe the parcels to be included in each cf the CFD, land use and zoning information, and proposed deve!oDmenn infcrr.,aeion, which will describe the proposed land use~ in these six new deve!oDments The consultant w~ review - orovide a description of =]~ the =~ ~= = to be funded and review the maintenance cosm estimate cf the improvements. · ~=-__d description of each improvement will be provided based on the preliminary and/or final landscape and e ~==~ plans ng ....... ng available. Where no plans exist 5he consultant will work with the City and Deve!oner mo ade~aate!y describe the improvements~for inclusion in mhe preliminary repotS. c. A detailed review of the maintenance cost estimate for each improvement will be conducted by the Consultant based on preliminary estimate provided by the City and Developer. d. A map or descriptive diagram will be prepared by the Consultant for each improvement to be funded. The mad or diagram will show the area of benefit Of each improvement. = Ut~]~m the information collected in work task a through d above, the consultant will prepare a maximum sDecia! tax rate and method of apportionment %o apply to property in an undeveloped and developed state. Standard Form 2A~-O Party A r==m=nt g ..... (Fourteenth Revision) Page 17 Task 2 District a. This %ask re,aires the .....c~su_~=~._ ~o use ~he ~orma~__~.-~ compiled in the preliminary analysis of Task l, to assisn 5he City to assure compliance with the formanion procedures pursuant to the Me!!o-Roos Communiny Facilities Act of 1982. The projec{ team will work closely with the City smaff, legal counsel, and developer to insure that all elements of the project mean the requirements of the Act and are performed in a timely b. The Consultant shall provide written documentation to City of all issues, meetings, project progress and decisions. The Consultant shall be proactive in identifying issues that impact the project schedule. Once an engineering issue, a policy de~ision, a financing decision or other issues are identified, the Consultant shall immediately propose an acticn olan and communicate possible solutions to al! ~esoon=~b~% parties and follow through on re~gired actions. Task 3 Meetings: There will be regular snaff and developer and City Co'~nci! meanings on an as needed basis to be held throughout 5he proposed projecn schedule. B. Date for Commencement of Consultant Services: ( ) Same as Effective Dame of Agreement (X) Other: '~ ~=.~uen nomice of authorization to orocee.~ from the City C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.l: Submit preliminary analysis including a summary of all data collected and cost information from Task 1, a through d within three weeks Deliverable Nc.2: Submit a CFD Public Report, including the full description of the district's facilities, improvement zones, final cost estimate, the the a~nual maximum special tax rates based on the final budget and Standard Fo~-mT~o Party A~reement (Fourteenth Revision) Page 18 ~-%,-_~m=_== ca5egoFf will be wrzn5en. Co__~__~_~._ will s~atemen~ for ~he Notice of !n~en~icn ~o Form the District within nhirzy days after the Deliverable No. accepted by the City. Deliverable No.3: Prepare petition and determine registered voter status and prepare council agenda statement for the formation and final "Special Tax Report", special tax ballot and DreDare and advertise ~' of - - Nou!ce public hearing. Ail ballots and notices will be reviewed by the City's special counsel for the project. Deliverable is due within thirty days after Deliverable No. ! is accepted by the City. Da!iv=~ab~= No.4 Deliver conformed copies of al! recorded documents, and maps. Deliver al! final data, information, bounda_~ maps, and any other material produced under this agreement in computer digital files compatible with the software utilized by the Cm=v. Spreadsheets ~~ - =._all be companib!e with Microsoft Excel, and Access, word processing files winh WordPerfect, and graphic files with AutoCAd. D. Da5e for comp!e5ion of all Consultant services: Pour months after the notice to proceed !ette~ 9. inshrance Requirements: (X) Statutory Worker's Compensation insurance ( ) Employer's _ _lm=y Insurance coverage: $1,000,000. (X) Commercial G ..... al Lzaom!lty insurance: $!,000,000. (X) Au5o Liability insurance: $1,000,000. (X) 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). (X) Professional Liability insurance: Standard Form i~'o Party Agreement (Fourteenth Revision) Page 19 }er Claim: Si,O00,O00 Ascrecane: $!,000,000 ~ ~' Materials ~ ,~ be _~ -~- --qa .... to suue!ied by City Uo Consu!tanu: A. Make 'available maps, records, Plans, and any documentation required for preparation ~f the Special Report, including estima~e~ cost of maintenance of zhe !m~rovements to be included in the district. This documentation would be provided by the developers of p.o~ct~ unaer consideration or City staff as appropriate. B.. Retain a q~ualified legal counsel to provide guidance during district formation proceedings. C. Schedule and agendize project meetings, Co~nc~ ~ an~ hearings as required by the Government Code. !!. Compensanion: ~ (X) Sin~!e Fixed ~== For performance of all of the Defined Services by Consulmanm as herein re~aired, CiEy shall ~ay a sin~!e fixed ~== in 5'~= amc~ts and az the times or ~ ~= --~= for the Deliverables sen for5h below: Single Fixed Fee _Amount: $ 17,200 for East_lake iii Woods S Vistas S !6,450 for McMi!!in Village ~ _ $ 16,450 for Otay Ranch Village 6 $ !6,450 for Brookfie!d-shea-Otay Village !! $ 14,310 for Village 12 Freeway Commercial $ 14,685 for Eastlake Land Swap Parcel Payable as follows for each CFD: Mi!es~one or Em-ent or De!iverablo Amount or Percent of Fixed Fee Deliverable No.1 25% Deliverable No.2 25% Deliverable No.3 25% De!iverab~e No.4 25% ( ) !. Interim Monthly Advances. The City shall make interim monthly advances against the compensation Standard Form Two Party Agreement (Fourteenth Revision) Page 20 ~'=~ _~o~_ each Dbase o~. a percentage c~- como!et!cc basis f _ each given phase SUCh :nat, am ~= end each Dbase only the compensation for mba% phase has been_D~d- ..... ~y _Da~ents made hereunder shall_ be -~ _n~__s~ free loans, wnlcn mush 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 ~ ~ ~ _ =moun~ or oercentage 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 Dbase. Percentage of completion of a phase shall ~e assessed in the sole and us_fettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall ~szgna:e, but only upon such proof demmnded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have renresented in writing that said_percentage of comole~ion_ of the phase has b performed bv the Contractor. The ~= ' making interim monnh!y advances shall not convert chis agreement to a time and materials basis of p-k~--~. B ( ) Phased Fixed · : ~- Arrangement. For the performance of each phase or portion of the Defined Se-~-~-ices by Consultant as are separately identified below, City shall pay the fixed fee associaned with each-phase of Services, in ~ne_ .am°unts ~nd at the times or milestones or Deliverables set zortn. 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 1. 2. $ 3. $ Sta~ndard Form T%,o Party Agreement (Fourteenth Revision) Page 21 ' !. ~n~er!m Monthly A~vances. The City shall ma}~e '~' interim monthly advances againsn t~ .... .... ~.,p_ns=~.. due for each phase on a percentage ofcomp_el basis for each given phase such that, at the end sf each phase only the compensation for that phase has been paidl Dm_y payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is non satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for 5hat 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 ~ne compensation due for that phase. Percentage of completion of a Dbase shall be assessed in the sole and unfettered discretion by the Contracts A~mln~snrator designated h .... n 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 Dbase has been ~. performed by the Contracnor. The pracnice of making interim monthly advances shall no5 conv_~_ this agreement to a time and materials basis of payment. C. ( ) Eour!y Rate D~rangement For performance of the Defined Services byCo~=u_tan~~- ~ herein re_on/ired, City shall pay Consultant for the productive hours of nime spenm by Consu!t~nt in the performance of said Services, at the rates or amounts sen forth in the Rate Schedule herein b__~w according to the following terms and conditions: (!) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum ConDensation amount, Consultant agrees that Consultant will perform al! of the Defined Services herein re_quired cf Consu!tann for $ including all ~ ' ~ Ma_erma_s, and other "reimbursables" ("Maximum Compensation"). {2) ( ) Limitation without Further Authorization cn Time and Materials ~rangement Standard Form T~'o Party Agreement (Fourteenth Revision) Page 22 AU such zime as Co-~-,'-~- ska!! , -~=u=~=..~ have incurred zlme ani materials ecl/al to ( ~. · ~n~=~,-~ ~!m!~ ), Consultant shall not be entitled to any =aamulonal 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 ~ost ~n~ expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Title Hourly Rate Division Manager $180 Principal Consultan~ !~S Senior Project Manager 125 Project Manager 105 Senior ~na!yst ~S A~alyst 75 ~A~a!yst Assistant 65 Property Owns_ Services ReD 50 Support Staff 45 ) 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 ou5 of pocket expenses incurred by Consultant ~--~ performance of services h~_emn re_cfuired, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes al! costs. Cost or Rate ( ) Reports, not to exceed $ : ( ) Copies, not to exceed $ : ( ) Travel, not to exceed $ : ( )Printing, not to exceed $ : Standard Form !A~-o Party Agreement (Fourteenth Revision) Page 23 ) Postage, non ~o exceed $ : ) Delivery, non no exceed $ : ) Lcng Distance Telephone Charges, not to exceed $ ) Other Actual identifiable Direct Costs: , not to exceed $ : : , not to exceed $ : 13. Contracn Administranors: City: Sohaib A1-Agha, Senior Civil Engineer Consulsant: Lin Graber, Principal Consultant 14. Liquidated Damages Rate: N/A ( ) $__ Der day. ( ) Other: !5. Statement of Economic interests, Consultant Reporting Categories, ear Conflict of Interest Code: ( ) }ion Applicable. Not an PPPC Filer. ) FPPC Filer CategoFf No. 1. investments ~nd sources of income. Categol-f No. 2. Interests in real propersy. Categozl_' No. 3. investments, interest in re~! property and sources of income subject to the regulatoFf, permit or licensing authority of the d_pa_ ~m CategoFf 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 typ. e which, within the past two years, have contracted with the City of Chu!a 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 Standard Form_~o Party Agreement (Fourteenth Revision) Page 24 employee's department no provide services, supplies, materials, machinery or e_c~ipmenu. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates', interests .in real property within 2 radial miles of Project Property, if any: !S. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsu!tants: NONE - ~ Processing: A. Consultant's Billing to be submiu~ed for the following period of time: ( ) Monthly ( ) Quarter~ v ( X ) Other: Based on Deliverables of Paracraoh !! B. Day o~ the D~r~ ' ' . . - .... od for suomzss!on of Consultant,s ) First of the Month ) !5th Day of each Month ) End of the Month ) Other: C. City's Account Number: Will be. assigned for each CFD 19 Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $- O~ .... Secur~ ty: T2rp_ e: .Amount: $ (X) Retention. If this space is checked, then notwithstanding other orovisions to ah~ contrary requiring the payment of compensation to the Consultant Standard Form ?~o Party Agreement (Fourteenth Revision) Page 25 soaner, ~ne City shall be ennlt!em to retazn, ah tnezr option, either the following "Renention Percentage" cr "Retention Amount until the Cizy d~n-rml_._~ that the Retention Release Event, listed below, has occurred: X) Retention Percentage: 10 % ) Retention .Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: '" " Standard Form ?~0 Party Agreement Fourteenth Revision) Page 26 Client~: 6540 WILLDGROU AC_OJ . CERTIFICATE OF LIABILITY INSURANCE ' ' 'i' 5~20~02 PRODUCER THIS ~:~IIHCATE IS ISSUED AS A MA~ER OF INFORMA~ON Dealey, Renton &Associates ONLY AND CONFERS NO RIG.S UPON THE CER~FICATE P. O. Box 10550 HOLDE~ THIS CER~FICATE DOES NOT AMEND, ~END OR Santa Aha. CA 92711-0550 ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW. 714 427-6810 INSURERS AFFORDING COVE~GE INSURED MuniFinancial ; INSURER~ Ha~o~ Fire Ins. Co, *NSUR~RS: Travelers Indemni~ Co. of Illinois 28765 Single Oak DHve, Suite 200 Temecula, CA 92590 ~.SUR~R C: AmeH~n Motorists Ins. Co. ~NSU~ER D: SecuriW Ins. Co. of Ha~ord I INSURER E: COVE~GES ~Y REQU]R~ENT, TERM OR CONDITION OF ANY CO--CT OR OTHER DOCUMENT WITH RESPE~ TO WHICH ~IS CERTIFICATE MAY BE ISSUED OR ~Y PERTAIN, ~E INSU~NCE ~FO~ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~L THE TERMS. ~CLUSIONS AND COND]TIONS OF SUCH ~ C~DE ~ OCCU. ~INDP. CONT~CTORS I FIRED~GE(~y~efie) I SI,000,000 ~CON~CTUAL IS iNCLUDED. ,. J ! GENE~LAGGREGATE ~ s2,000,000 ~ ~ECY ' PR~ ~ LOC J PRODUCTS -~MP/OP AGG ~ s2,000,O00 B ~, A~OMOBILE ~BIL~ Y810153D622801 11/09101 11109102 ~ I J BODILY INJURY NON~EDA~OS [ (P~nt) ~ $ ) PROPER~ D~GE l C WORKERSC~PEN~nONAND CA-TBG08899501 11109/01 11109/02 X~To.yu.~, ~.LOY~ ~ ACS - 7BH069~202 11109/01 11/09/02 ~ EL ~CH ACCIDE~ J si,000,000 D OTHe~ Professional AEE0700906 l e.g ~S~E -~UCY U~ ~ sl~000~000 LiabilJ~ 11109/01 11/09/02 $5,000,000 Per Claim $5,000,000 ~nl Aggr. RE: Job ~7~0011. T~ consul~nt se~ices for the fo~ation of maintenance districts wi~in Eastlake III Woods and Vistas, Pursuant to the Mell~Roos Communi~ Facilities Act of 1982 Ci~ of Chula ~s~ is Additional Insured as repsec~ to General (S~ A~ched Descriptions) 276 FoAh Ave. ~~ Chula Vis~, CA 9191~2631 ~ ACORD2~S(719~I of 2 ~M67636 ~ ~P"'''"~ ~v~MK eACORDCORPO~ON1988 DESCRIPTIONS (Continued from Page 1) Liability. Primary and Non-Contributing coverage and Cross Liability applies to GL. (AI/PR/CRS/X) (MUNiFINANCIAL) AMS25.3(07/97)2 of 2 #M67636 POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Chula Vista Attn: Ms. Boushra Salem 276 Forth Ave. Chu!a Vista, CA 91910-2631 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE: IT -TS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSU-R3~NCE. SE¥-SRABILITY OF INTEREST: IT iS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INS~CE, THIS COVEHAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. CG20 10 11 85 A.M. Best's Rating for Hartf~-<d Fire Insurance Company Page 1 of 1 Member of Hartford Insurance Group A,M, Best #: 02231 NArC #: 19682 View a list of qroup members or t_he qroup's ratinq % BEST A+ (superior)* Financial Size Category (s2 bmion or more)/' *Ratings as of 5/22/02 I f :30:03 AM E.S.T. or purchase the complete Best's Company Report for in-depth analysis. Rating Category (Superior): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to policyholders. Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's financial strength, operating performance and market profile. These ratings are not a warranty o an insurer's current or future ability to meet its contractual obligations. (Best's Ratings are proprietary and may not be reproduced without permission from A.M. Best.) The rating symbols "A++", "A+". "A", "A"*, "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+) companies. This special emblem displays their rating and category (Superior, Excellent, or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to reqister online. Copyright © 2002 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http://www3.ambest.com/ratings/rating.asp?AMBNum=02231 &Refnum=02231 & Site--rat.. 05/22/2002 ATTACHMI~NT ~- FIRST AMENDMENT TO the Agreement. between the City of Chula Vista and MuniFinancial For Special Tax Consultant Services for the Formation of Maintenance Community Facilities District within the City of Chula Vista Pursuant to the Mello-Roos Community Facilities Act of 1982 Recitals This First Amendment ("First Amendment") is entered into effective as of November, 2002 by and between the City of Chula Vista ("City") and MuniFinancial, ("MuniFinancial"), with reference to the following facts: WHEREAS, The City Council on March 12, 2002 approved the Agreement "Original Agreement" with MuniFinancial, a California Corporation for Special Tax Consultant Services for the Formation of Maintenance Community Facilities Districts by Resolution No. 2002-062. WHEREAS, MuniFinancial has been providing Special Tax Consulting services for many Maintenance Community Districts within the new eastern areas of Chula Vista; and WHEREAS, City determined additional work beyond the original Scope of Work would be necessary to complete the Community Facilities District Formations; and WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of MuniFinancial to provide Special Tax Consultant Services for the annexation of Village 6 and Village 11 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2), and NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and MuniFinancial agree as follows: I. Exhibit A, Section 7 of the Original Agreement, entitled General Duties, is hereby amended to read as follows: A. Delete paragraph e and replace with the following: e. Village 12 Freeway Commercial The Project consists of 106 acres of commercial uses. Two CFDs would finance the maintenance of parkways, medians and other public facilities. MuniFinancial Page I of 3 City of Chula Vista, Amendment B. Add new paragraph g to read as follows: g. Village 6 and Millage 11. The project consists of the armexation of Village 6 and 11 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District ( CFD 9 7-2). The C FD would finance the maintenance of parkways, medians and other public facilities. C. Delete the last paragraph of Section 7 of the Original Agreement, which reads as follows: "The last two CFDs described above would not have Tentative Maps entitlements. The City will only pursue at this tn-ne, the formation of "Interim" CFDs, which will be based on gross acreage of the proposed land uses within the project." II. Exhibit A, Section 1 lA of the original Agreement, entitled Compensation, Single Fixed Fee Arrangement, Single Fixed Fee Arrangement, is hereby amended to read as follows: A. Delete the section entitled Single Fixed Fee Amount and replace it with the following: Single Fixed Fee Amount: $17,200.00 for Eastlake HI Woods & Vistas $16,450.00 for McMillin Village 6 $16,450.00 for Otay Ranch Village 6 $16,450.00 for Brookfield-Shea-Otay Village 11 $13,960.00 for McMillin Village 12 Freeway Commercial $13,960.00 for Otay Ranch Village 12 Freeway Commercial $14,685.00 for Eastlake Land Swap Parcel $ 6,900.00 for annexation of Village 6 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) $ 6,900.00 for annexation of Village 11 Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) III. All other terms and conditions of the Original Agreement not modified by this First Amendment remain in full force and effect. (End of Page, Next Page is a Signature Page) MuniFinancial Page 2 of $ City of Chula ?ista, ,4mendment SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA City of Chula Vista MuniFinancial Shirle~l°rt°n" May°r ~'~3'''' By ~/~e~ )fl ~.~. Michael McNamara, Vice President Paul Whitelaw, Vice President ATTEST: Susan Bigelow, City Cler-'k Approved in form by: Jol'd/~hetiy, City Attomey MuniFinancial ~.Page 3 of 3 City of Chula Vista, Amendment RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAWING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH MUNIFINANCIAL, LLC, FOR SPECIAL TAX CONSULTANT SERVICES FOR THE ANNEXATION OF A PORTION OF THE OTAY RANCH SECTIONAL PLANNING AREA 12-FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11 TO IMPROVEMENT AREA A OF THE EXISTING OTAY RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97-02), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT. WHEREAS, on March 12, 2002, Council, by Resolution No. 2002-062, approved an agreement ("Original Agreement") with MuniFinancial, LLC for special tax consultant services for the formation of maintenance CFDs within the City; and WHEREAS, the Original Agreement was amended on November 19, 2002 ("First Amendment") to waive the selection process and to retain MuniFinancial, LLC for providing special tax consultant services for 1) forming the maintenance CFD for Village 12, and 2) annexing Village 6 and Village 11 projects to the existing CFD 97-02; and WHEREAS, MuniFinancial, LLC has previously provided special tax consultant services to the City for several maintenance CFDs in eastern Chula Vista and is therefore, qualified to provide for maintenance district formations based on its past experience and ability to meet a tight project schedule; and WHEREAS, MuniFinancial, LLC will provide special tax consultant services associated with the annexation of the McMillin ownership in Village 12 to Improvement Area A of CFD 97-02 for a single fixed fee arrangement of $6,900; and WHEREAS, staff recommends that it is in the best interest of the City to waive the formal consultant selection process because (1) MuniFinancial was originally selected through a competitive process; (2) MuniFinancial possess' extensive knowledge and experience in their field; (3) MuniFinancial has a unique and comprehensive understanding of the development issues within the City; and (4) the annexation area represents a minor expansion of scope to an area that MuniFinancial is currently under contract to address. 1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, does hereby waive the consultant selection process and approves the Second Amendment to the MuniFinancial, LLC agreement for special tax consultant services for the annexation of a portion of the Otay Ranch Sectional Planning Area 12-Freeway Commemial Plan, CVT No. 03-11 to CFD 97- 02, 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. Presented by: Approved as to form by: CDliir e cff°trodr So fW~nnSg~nneering "~'~y At~o°~i~ey J:\Attomey\reso\MuniFmancial waive cons selection THE ATTACHED AGI:LEEMENT HAS BEEN P,.EVIEWED 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: ~/ ]'; ~--~ /~ 3 Second Amendment to the Agreement between the City of Chula Vista and MuniFinancial SECOND AMENDMENT TO the Agreement between the City of Chula Vista and MuniFinancial For Special Tax Consultant Services for the Annexation to Maintenance Community Facilities District 97-02 within the City Of Chula Vista This Second Amendment is entered into effective as of , 2003 ("Effective Date") by and between the City of Chula Vista ("City") and MuniFinancial, LLC, ("Consultant"), with reference to the following facts: Recitals WHEREAS, The City Council by Resolution No. 2002-062 on March 12, 2002 approved an Agreement "Original Agreement" with MuniFinancial, LLC for Special Tax Consultant Services for the Formation of Maintenance Community Facilities Districts; and WHEREAS, the Original Agreement has been previously amended by a First Amendment dated November 19, 2002, approved by Resolution No. 2002-466 to provide for additional work associated with the annexation of Village 6 and Village 11 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97- 2); and WHEREAS, MuniFinancial has been providing Special Tax Consulting services for many Maintenance Community Districts within the new eastern areas of ChuIa Vista; and WHEREAS, City determined additional work beyond the original Scope of Work would be necessary to complete the Community Facilities District Formations; and WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of MuniFinancial to provide Special Tax Consultant Services for the annexation of Village 12 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2), and NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and MuniFinancial agree as follows: I. Exhibit A, Section 7 of the Original Agreement, entitled General Duties, is hereby amended to read as follows: A. Delete paragraph g and replace with the following: Page I of 3 g. Villa es 6 11 and 12. The project consists of the annexation of Villages 6, 11, and 12 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2). The CFD would finance the maintenance of parkways, medians and other public facilities. II. Exhibit A, Section llA of the original Agreement, entitled Compensation, Single Fixed Fee Arrangement, is hereby amended to add the following: $ 6,900.00 for annexation of Village 12 to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) III. All other terms and conditions of the Original Agreement and First Amendment not modified by this Second Amendment remain in full force and effect. (End of Page, Next Page is a Signature Page) Page 2 ofg Signature Page to Second Amendment to Agreement between City of Chula Vista and MuniFinancial LLC IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Original Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated:~.~f_ ~:2. , 2003 City of Chula Vista by:. Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney MuniFinancial ~ank~ipepi, Pres~dent/C~O By:~ Paul Whitelaw, Vice President Dated: ~ ~o~j ~.~ ~T)& AEngmeefiLANDDEVXCFD s\CFD Consultant Agreements~Vlum Amendment 2.doc Page 3 of 3 COUNCIL AGENDA STATEMENT Item lO Meeting Date: 7/22/03 ITEM TITLE: A) Resolution Approving the Final Map o£Chula Vista Tract No. 01-11 A, Otay Ranch Village 11, Neighborhood R-2; accepting on behalfo£ 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. B) Resolution Approving the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11 A, Otay Ranch Village 1 l, Neighborhood R-2 and authorizing the Mayor to execute said Agreement. C) Resolution Approving the Grant of Easements and Maintenance Agreement for Otay Ranch Village l 1, Neighborhood R-2, 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 ~ Manager,S9'~ (4/Sths Vote: Yes No X) REVIEWED BY: City Tonight Council will consider Neighborhood R-2 a subdivision of Otay Ranch Village 11. Neighborhood R-2 consists of 47 Single family detached lots and 7 Home Owner's Association maintained open space lots. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map and Subdivision Improvement Agreement, (B) the Supplemental Subdivision Improvement Agreement, (C) the Grant of Easements and Maintenance Agreement. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Otay Ranch Village 11, with the marketing name of"Windingwalk" is generally located south of Eastlake Greens (Exhibit 1). The tentative map (Chula Vista Tract No. 01-1 lA) was approved on October 23,2001 by Resolution 2001-364, and revised on May 27, 2003 by Resolution 2003-231. The Final Map for Neighborhood R-2 (Exhibit 2) and associated agreements are now before Council for consideration and approval. Page 2, Item__ Meeting Date: 7/22/03 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-2, did not increase the number of residential lots (see Table 1). Table 1. Lotting Summar Number of Residential Number of Open Total Lots Final Map Lots Space Lots Total Acreage Otay Ranch Village 47 7 54 9.769 acres 11, Neighborhood R-2 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: · Windingwalk Way · Stargaze Drive · Stargaze Way · Wishing Star Drive · Wishing Star Way Subdivision Improvement 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 Municipal Code. Grant of Easements and Maintenance Agreement 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 Community Park. J:\Engineer\LANDDEV\Projects\Otay Ranch Village I I\R2\OR-606F CASl.doc Page 3, Item Meeting Date: 7/22/03 FISCAL IMPACT: None to the General Fund. All staffcosts associated with processing of the improvement plans, final maps and associated agreements will be reimbursed from the developer's deposits. Exhibits: 1. Plat for Otay Ranch Village 11, 2. Plat for Otay Ranch Village 11, Neighborhood R-2 3. Developer's Disclosure Statement J:\Engineer\LANDDEV\Projects\Otay Ranch Village 1 l\R2\OR-606F CAS I,doc EXHIBIT 1 Otay Ranch Village 11 Eastlake Greens .: · R-Z0 R-23 R-9 R-22 "i~ R-1 g \\ :.: -.'-~ ZUL-06-2003 l?; 47 HUNSRKER I RSSOC I ATES SD 858 550 4500 P. 04/0? VIL~GE 11 NEIGHBORHOOD R-2 R-4 0 200 40O 600 SCALE' 1 "= 200' HUNSAKER & ASSOCIATES Pmu~t to Council Policy 101-01, phor to ~y action upon ma~s ~t ~511 requke discrefion~ achon by ~e Co~cil, Plying Co~ission ~d all o~er official bodies of the Ci~, a statement of disclosure of ce~in ore.ship or fin~cial ~terests, pa~ents, or campai~ con~butions for a Ci~ of Chula Vista election must be filed. ~e folto~g ~fomfion must be disclosed: 1. List ~e nines of all pe~ons ha~g a fin~cial interest ~ ~e prope~ ~at is ~e subject of ~e application or ~e con~act, e.g., omer, applic~t, conmctor, subcon~actor, ~tehal supplier. 2. If any person* id~fified p~suant to (1) above is a co~orafion or pa~ship, list the names of all individuals ~th a $2000 inves~ent in ~e bus.ess (co~oratio~pamership) enfiW. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. I 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No /~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~Yes __ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X~ If Yes, which official** and what was the nature of item prov/ded. Si~mre~of Contractor/Applicant Print or type name of Contractor/Applicant * Person is def'med as: any individual, firm, co-parmership, joint ventare, 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 Comrmssioner, Member of a board, commission, or committee of the City, employee, or staff members. RESOLUTION No. 2003- APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01- 1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2; 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. 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 A, Village 11 Neighorhood R-2, particularly described as follows: Lot 6 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: 9.769 Acres No. of Lots: 54 Numbered Lots: 47 Lettered Lots: 7 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: Windingwalk Way, Stargaze Drive, Stargaze Way, Wishing Star Drive and Wishing Star Way all as shown on Village 11 Neighborhood R-2 map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts the landscape buffer and sidewalk easement, sight visibility easement and wall easement all as shown on Village 11 Neighborhood R-2 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 "G" for open space and other public purposes all as shown on Village 11 Neighborhood R-2 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-2 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. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated July 22, for the completion of improvements in said subdivision, a copy of which is on file in the Office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to fom~ by Clifford Swanson Ann Moore Director of Engineering City Attorney J: Attomey/Reso/M aps/reso-r2 THE ATTACHED AGKEEMENT 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: Subdivision Improvement A~reement b~tween the City of Chula Vista and Brook£ietd Shea Otay, LLc regarding Otay Ranch Village lli Neighborhood R-2 (CVT # 01-1iA) Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this __. day of ,2003, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", 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 A~eement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-2 (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 I8 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 alt 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 i'nto an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title I8 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 subdiyision 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, ali the public improvement work required by City in connection with the proposed subdivision and ~vill deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision bas heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the 23rd day of October, 2001 and Revised on May 27, 2003 pursuant to Resolution No. 2003-23I ("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. 02157-01 through 02157-08, inclusive, on file in the office of the City Engineer; and - WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of EIGHT HUNDRED TWENTY THOUSAND DOLLARS .&ND NO CENTS ($820,000.00). NOW, THEREFORE, [T IS MUTUALLY LS'qDERSTOOD AND AGREED AS FOLLOWS: i. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set tbrth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready' for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and-such certificate shall not be issued until the City Engineer has certified in writing the comPletion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by ali of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this~ agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR HUND1LED TEN THOUSAND DOLLARS AND NO CENTS ($410,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($410,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. it is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction including a reasonable allocation of overhead), and any proceeds from the improvement security. -2- I0 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineer/ng 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 sim~s and street trees as required by City and approved by the 'City Engineer shall be paid b3~ Subdivider, and that Subdivider shall deposit, pr/or to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and a~eed that until such time as all Lmprovement 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 shalI guarantee all public improvements for a period of one year from date of final acceptance and correct any and ail defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this a~eement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this a~eement; 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 a~eement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full rome and effect for ten (10) years following the acceptance by the City of the improvements. -4- 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees fi-om any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or le~slative body concerning a subdivision, which action is brou~t within the time period provided for in Section 66499.37 of the Government Code of the State of California. I5. 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 assi~munent 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 A~eement. Such assignment will be in a form approved by the City Attorney. SIGNATURiE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2 (CVT 01-1 IA) IN WITNESS WHEREOF, the parties hereto have caused this ageement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. PadilIa Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney Signature Block DEVELOPERS/OWNERS: BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delaware Limited Liability Company, Member '~' (; ST~HEN P. OOY~ Name / ' By: Shea Otay Village 11, a California Limited Liability Company, Member By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member ' '-' '~ ~ ~ .... ~= Ccrporatlo£,, its General By:J.F. Shea Com~=~ Partner , / Attach Notary Acknowledgment) -7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ SS, County of San Diego On July 8, 2003, before me, Colette Kavanagh, Notary Public, personally appeared Stephen P. Doyle and John W. Norman, personally known to me to be the person whose names are subscribed to the within ....... -, ,~- ....... instrument and acknowledged to me that co~.~ ~ ~ ~ KAVAN,~H ~ they executed the same in their authorized Commission# 131?ee4 · capacity, and that by their signatures on the Notary Public - Call.mia ~ San Diego County ~ instrument the persons, or the entity upon .MyCorr~n. ~.~iresSepS, 20~ behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Place Nolary Seal Above Signature o~' Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbprint of Signer Signer's Name: ~o, o~.~,.,. U Individual ~ Corporate Officer- Title: Vice President Q Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator U Other: Signer is Representing: State of California ) ) S.S. County of San Diego ) On July 9, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and Paul L.L. Barnes, 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. . '~11~ .f~n Diego County ~ o~l~ ~l~~ ~ (~Public in ~t~ s~id/C~°unty and State Document Name: Subdivision Improvement Agreement - The Remainder of this Page is Blank- LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: 5410,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: S410,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $12,000.00 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 hnprovement A~eement. J:xAttorney\SIA\OtayRanch¥illage I I R-2 -8- RESOLUTION No. 2003- APPROVING THE SUPPLEMENTAL SUBDWISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1 lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of Resolutions 2 0 01 - 3 6 4 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-2, 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 Ann Moore Director of Engineering City Attorney J:Attorney/Reso/SSIA/reso-r7-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FOP, aMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, Neighborhood R-2 CVT # 01-1lA I0 -22. R2ECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHUIJ~ VISTA 276 Fourth Avenue Chula Vista, CA 91910 Alcove Space for Recorder,s Use OR-606F SUPPLEMENTA~L SLrBDIVISION IMPROIrEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-2, CHULA VISTA TP~ACT NO. 01-1lA (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 CRIU~A VISTA, California (~City" for recording 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: RECIT/%LS 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 of this Agreement the term "Project" shall also mean "Property". B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or 1 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 in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-1lA ("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 Nos. 2003-230 and 2003- 231 pursuant to which it has approved an amendment to the Otay Ranch Village 1! Sectional Planning Area (Spa) Plan and a Revised Tennative Subdivision Map subject to certain conditions as more .particularly described in the Resolution. F. Developer has requested the approval of a "B" Map for the Project ("Final Map"). Certain conditions of approval of the Tenmative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map for 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 se~ 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 Village 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. 2 e. "EIR 01-02" means Environmental Impact Report for the Otay Ranch Village Eleven General Development Plan, Sectional Area Plan and Conceptual Tentative Map. 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 ih this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is. deemed the beneficiary of such covenants for and in its' own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assigxunents. 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 assignmeht to the Guest Builder shall, however, be subject to this Agreement and the Burden of ~his 3 -.2¥ Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the DevelOper under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to 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 A~reement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or 'parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 - (Agreement to all terms, covenants 4 az~d conditioms). 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 the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No. 2 (Requirements a~d ~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 right to revoke or modify all approvals herein granted including issuance of building permits, deny, or furtker condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condition No. 4 - (Hold City Hara~less). 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 Environmenta~ Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with t~e Project. 5 t£ 6. Condition No. 5 - (Conxply with SPA Conditions). In satisfaction of Condition No. 5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may be amended from time 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 concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 7. Condition No. 6 (Su~ttal 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 necessary by the Director of Planning and Building, an updated Sectional Planning A~ea (SPA) Plan, and supporting regulating documents including, but not limited to text, e~chibits, .and tables for the Village Eleven SPA Plan; Planned Community District Regn/lations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. 8. Condition No. 8 - (Consistency with Land Offer Agreement). 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 preparation 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 and services governed by the threshold standards; an annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year; 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 shall stop issuing new building permits for Village 11 when the City, in its sole direction, determines that either: i. Building permits for a total 9,429 dwelling units have been issued for Projects east of 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. traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; ii. other improvements are constructed which provide additional capacity; or iii. the City selects an alternative method of implementing the GMOC standards. These traffic studies would not require additional environmental review under CEQA; however, any improvements proposed in these traffic studies would be subject to additional environmental reviews as required. ll. Condition No. ll - (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 saUisfaction 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 (Environmental). In satisfaction of Condition No. 13 of the Resolution, Developer hereby agrees, to 8 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 and Mitigation Monitoring and Reporting Program (Final EIR 01-02) 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 0tay Ranch Resource Management Plan "Prese!-ve 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 Condition 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 0tay 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 fhe 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. Ail 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 Des.ign 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 ID street improvement plans that show the l~cation of all future street trees, which will be subject to the review and approval of the Director of Building and Park Construction and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer. on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Developer further agrees Zo 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 submitta~ 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. 17. 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 supply source is subject to prior approval by the Fire Marshal; and b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet; and 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 Resolution, 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 Na~e Signs). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. 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.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading -activities. 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. Comdition 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. 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. 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 Neighborhood Park (P-l). Developer further agrees that the remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a mariner acceptable to the Director of Building and Park Construction. 28. Condition No. 121 - (With-hold 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 ~anual and the Village Eleven SPA, as may be amended from time to time. Developer further agrees to 13 /o install all improvements listed in Exhibit KB" in accordance with approved plans to the satisfaction of the Director of Building and Park Construction. 30. Condition No. 141 and 146 - (14~OA Annexation). in partial satisfaction of Condition No. 141 of the Resolution, Developer agrees to annex lots 1 through 47 to the MHOA and deed lots UA .... G" to the M~OA 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 M~OA. 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 lots 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 propersy. 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 o~ 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. 55. Condition No. 172 - (With_hold 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 Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopt'ed 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 Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the 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 a~cess to the conduit to only those franchised cable television companies who are, and remain in compliance with, 15 all other rules, regulations, ordinances .and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. To hold the City harmless .from any liability for erosion, siltation or increase flow of drainage resulting from this Project. 36. Condition No. 173 - (No Protest) In satisfaction of Condition No. 173 of the Resolution, Developer agrees to participate, on a fair 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 2003-075 on March 4, 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 the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), Projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 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 the 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. Conditio~ 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. Conditio~ 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. 199 - (Code Requirements). In satisfaction of Condition~No. 199 of the Resolution, Developer agrees to pay the following fees in accordance with the CiZy Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. bl Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin DIFI fl The Pedestrian Bridge DIF. g. The FIND Model reserve Fund Fee. Developer agrees to pay the amount of said fees in effect at 5he 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. Condition 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. 50. Condition No. 204. - (Code Rec/uirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures. 51. Condition No. 205 - (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City is 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 prior 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 terms of this Agreement. The City sha~l provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 2O 56. Assignablity. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole dsscretion 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. Notices. Unless otherwise provided in this Agreemen~ 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 hhe 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. ~tire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 22 [PAGE ONE OF TWO SI~NkruRE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCHVILLAGE ELEVEN, NEIGHBOP~HOOD R-2, CHIrLA VISTA TRACT NO. 01-11Al IN WITNESS W~EREOF, the parties hereto have caused this Agreemenu to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Stephen C. Padilla Mayor At~es~: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 23 [PAGE TWO OF TWO SIGNA'~'u~E PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBOP~H00D R-2, CHULA VISTA TRACT NO. 01-1lA] DEVELOPERS / OWNERS: BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Del%a~ Limite~ Liability Company, Member Name[:~_2.L~q~, ~. '~JilJ.~~ Name: kJ U ~EPHENEOOfLEpresident By: Shea Otay Village tl, a California Limited Liability Company, Member By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member iL.C, By: J F. Shea · ~o~ .......... its General Partner (Attach Notary Acknowledgment) 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ SS. County of San Diego On July 8, 2003, before me, Colette Kavanagh, Notary Public, personally appeared Stephen P. Doyle and John W. Norman, personally known to me to be the person whose names are subscribed to the within '_~..2~J ~...,A,~...~ 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 · .----..-~-,.~- .-~=-,~,.-~--~--.-~-~ '-,~,~ ~y c.~.-n~~ behalf of which the persons acted, executed 4""'"'""~: ""'~'~ the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 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: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbp~.~ of Signer Signer's Name: To. ~um~ ~ Q Individual E~ Corporate Officer- Title: Vice President r~ Partner-- Q Limited [] General [] Attomeyin Fact C Trustee Q Guardian or Conservator [] Other: Signer is Representing: State of California ) ) s.s. CotmtyofSan Diego ) On July 9, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and Paul L.L. Barnes, 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 seat. ~ ~c~,~ ~a~ ~?,~ ~ot,(~ubli~ in a~or's'~d ~,:~J~'nty and State Document Name: Supplemental Subdivision Improvement Agreement for Otay Ranch Village Eleven, Neighborhood R-2, Chula Vista Tract No. 0 I-I lA - The Remainder of this Page is Blank- EX IIBIT "A" PROPERTY DESCRIPTION Lot 6 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No. 1 in the City of Chuta 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 CV WO No Description Bond $ Bonding Con~a~y Bond (Drawing Name number Irrigation Plans ~;4m~ ~ ~&0~7~ ~'O ;-,% for Village 11, ~,N~ ~. i Neighborhood R-2 26 RESOLUTION NO. 2003- APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OTAY RANCH VII. LAGE 1 I, NEIGHBORHOOD R-2, ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the obligation will be assigned to the Master Homeowner's Association (MHOA) after the landscaping has been established and turned over to the MHOA to maintain; and WHEREAS, the agreement also grants non-City crews permission to maintain parkways in the public right of way and storm drain inlets equipped with water quality facilities; and WHEREAS, staffbelieves that the proposed agreement will guarantee the maintenance of the aforementioned private improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant of'Easements and Maintenance Agreement, between Brookfield Shea Otay LLC, a California Limited Liability Company, regarding maintenance of private open space and facilities within the right of way of Chula Vista Tract No. 01-1 lA, Otay Ranch Village 11, Neighborhood R-2, 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 Ann Moore Director of Engineering City Attorney J :Attom ey/Reso/Easemen ts/reso-r2 -3 THE ATTACHED AGREEMENT HAS BEEN tLEVIEWED 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: Grant of EAsements and Maintanence Agreement for Chula Vista Tract No. 01-tlA 0tay Ranch Village 11 Neighborhood R-2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORE)ER'S USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11A OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-2, Map No. TWILIGHT 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." = 1 - 012200-0054 229029.2 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 for WINDINGWALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain cer[ain 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 over which the SHOA has jurisdiction. As stated in the Master Declaration, it is intended that a Guest Builder construct and market homes in the Project. The term "Guest Builded' 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 the 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 City desires 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,~ursuant 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(0 below. -2- I)~2200a~)$4 2290292 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 to or better than the level of maintenance set forth in the Section of the Master Declaration entitled "Level of Landscape Maintenance". For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the city, (b) Transfer to 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- 012200-0054 229029.2 3. Assignment by Developer and Release of Developer (a) Assignment. Upon Developer's transferofthe 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: (i) MHOA Accepts Obliqation. The MHOA has unconditionally accepted and assumed all of Developer's obligations under this Agreement in wdting, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of Developer under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confirm that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Master Declaration. This condition "(ii)" 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 death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance 01221)0-0054 229029 2 Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (I) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; and (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5.1(a) may not be amended without the wdtten 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 pdor to such transfer, Developer shall give a notice to the City of Developer's intent to transfer its Maintenance obligations herein and provide the City with 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: -5- (i) Transferee Accepts Obligation. The Transferee . has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body ofthe SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a} (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insu.rar~_ce 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. -6- 012200-0054 229029 2 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 ~Fl'ransferee's name]shall indemnify and hold the City, its officers, agents and employees, harmless from any liability, cost or expense, including reasonably incurred attorneys' fees, which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Planning Director or City Attorney. 8. Aqreement Applicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement 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 or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. (b) Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Governinq 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. 2200-0054 229029.2 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. Recordinq. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 13. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To Developer: BROOKFIELD SHEA OTAY LLC c/o Brookfield Homes 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. John Norman (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embodythe entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. -8- o12200-0054 22902~J 2 (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. {e) Compliance With Laws. In the performance of its obligations under this Agreement, 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. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by wdtten instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or cimumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, orthe 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. -9- CITY OF CHULA VISTA, a municipal BROOKFIELD SHEA OTAY LLC, a corporation California limited liability company By: Brookfield Otay LLC, a Delaware By: limited liability comlCcny, Member A~est: Susan Bigelow, City Clerk Its m~/e~/~ ~Me ~. APPROVED AS TO FORM: By: Shea Otay Village 11 LLC, a California limited liability company, By: Member City A~omey By: Shea Homes Limited PaAnership, a California limited pa~nership, it's Sole Member By: J.F. Shea LLC, a Delaware limited liability compan~s Gene~bPaA~ - I O- (}I 2200-0054 2290292 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On -3-~/../ ~ ,200~ beforeme ~'~\~-~ Notary?ublic in,nd for said State, per'sonallv appeared ~ ~. ~-~ ' personally known to me ,~ ~,o.~. .... ~ ~ ........~,~ ~, .... ~ ...... ~ ......... , to be the person(s) whose name(s) ~are subscribed to the within instrument and acknowledged to me that ~they executed the same in ~r/their authorized capacity(les), and that by hic/hcdtheir signature(s) on the inst~ment, the person(s), or the entity upon behalf of which the person(s) acted, executed the inst~ment. WITNESS my hand and official seal. ~ ~ - ~,;,~a~- ~ a ~ C~mmi~ion · 1317~ ~ ~ N~h' Public - Call.mia Signature ~~~~ ~~, ~i~p6,~ ~ ............. ~Seal) STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ~.~f ~[, ,200 '~, before me, ~(~¢1 Notary Pub~n ~nd for said ~ate, personally appe~e~ ~ ~ ~ ' personally known to me (or ...... ~ ...... '"- ~"";" ~ ~-'=-' ............. ) to b the person(s) whose name(s)~are subscribed to the within instrument and acknowledged to me that ~hey executed the same in ~/their authorized capacity(les), and that by ~/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~/~~- - l [ - 012200-0054 229029 2 EXHIBIT "A" Leqal Description Those portions of those public rights of way located within CHULA VISTA TRACT NO. 01-1 lA OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-2, in the City of Chula Vista, County of San Diego, State of California, as shown by Map No. filed with the County Recorderof 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 012200-0054 229029.2 CHULA VISTA TRACT NO. 01 - 11 OTAY RANCH VILLAGE 11 NEIGIffBORHOOD R-2 PARCEL A = WINDINGWALK WAY PARCEL B = STARGAZE WAY PARCEL C = WISHING STAR DRIVE PARCEL D = WISHING STAR WAY PARCEL E = STARGAZE DRIVE HUNSAKER & ASSOCIATES 0 200 400 600 ~',m~ masess~-~.m~-..~ SCALE 1"=200' ! R:\O~45\&Mop\HOA I~NT E~ SHT01 OWG. dwg[ 1275.]du1-08-2005:13:38 EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways shown on Landscaping in parkways Maintenance of curb, Exhibit "8" including irrigation, gutter, sidewalks and trimming and pruning of pavement. trees, and maintenance and irrigation of turf areas. 0[2200-005422'102'),2 I#"'· / ~ I¡-'O' ? 'I,' '.' '",., , "". COUNCIL AGENDA STATEMENT Item [[ Meeting Date: 7/22/03 ITEM TITLE: A) Resolution Approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-7; accepting on behalf o£ 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. B) Resolution Approving the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-7 and authorizing the Mayor to execute said Agreement. C) Resolution Approving the Grant of Easements and Maintenance Agreement for Otay Ranch Village 11, Neighborhood R-7, 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 ~ BY: City Manager ~5tv (4/Sths Vote: Yes_No X ) REVIEWED Tonight Council will consider Neighborhood R-7 a subdivision of Otay Ranch Village 11. Neighborhood R-7 consists of 67 Single family detached lots and 4 Home Owner's Association maintained open space lots. RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map and Subdivision Improvement Agreement, (B) the Supplemental Subdivision Improvement Agreement, (C) the Grant of Easements and Maintenance Agreement. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Otay Ranch Village 11, with the marketing name of"Windingwalk" is generally located south of Eastlake Greens (Exhibit 1). The tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 2001-364. The Final Map for Neighborhood R-7 (Exhibit 2) and associated agreements are now before Council for consideration and approval. Page 2, Item~4L_ Meeting Date: 7/22/03 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. Lotting Summary Number of Residential Number of Open Total Lots Final Map Lots Space Lots Total Acreage Otay Ranch Village 67 4 71 8.417 acres 11, Neighborhood R-7 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: · Picket Fence Drive · Quiet Trail Way · Quiet Trail Drive Subdivision Improvement 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 Municipal Code. Grant of Easements and Maintenance Agreement 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. I. 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 Community Park. FISCAL IMPACT: None to the General Fund. All staffcosts associated with processing of the improvement plans, final maps and associated agreements will be reimbursed from the developer's deposits. Exhibits: 1. Plat for Otay Ranch Village 11, 2. Plat for Otay Ranch Village 11, Neighborhood R-7 3. Developer's Disclosure Statement J:\Engineer\LANDDEV\Projects\Otay Ranch Village 1 I\R7\OR 607F CASI .DOC EXHIBIT 1 ,~ Otav Ranch Village 11 \ Greens Brookfield Shea Ot~v, LLC JUL-06-2003 19:48 HUNSRKER & FISSOCIFITES SD 858 558 4500 P. 06?0? oT,Y R,NcH EXHIBIT HUNSAKER o 2oo aoo ~oo & ASSOCIATES SCALE 1"= 200' 186 Ci~, of Chula Vista Disclosure Statement ~a~'~ [~) ~ Pursuant to Council Policy l 01-01, prior to any action upon matters that will require discretionary action by rte Council, Planning Commission and all other official bodies of the CID'. a statement of disclosure of certain ov, mership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following reformation must be disclosed: 1. List the names of all persons haxSng a financial interest in the property that is the subject of the application or the contrack e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $2000 investment in the business (corporation~parmership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serxfng as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. / 4. Please identify, every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has 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. bn~.x' describe the nature of the financial interest the official** may have in this contract. 6. Have you made a conthbution of more than $250 within the past twelve (12) months to a cu=ent member of the Chula Vista City Council? No ~Yes __ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, ~ft, loan, etc.) Yes No X~ If Yes, which official** and what was the nature of item proxdded. Print or type name of Contractor/Applicant * Person is defined as: any indixdduaI, firm, co-parmership, joint venture, association, social club. fi'atemal organization, corporation, estate, trust, receiver, syndicate, any other county, ciD', municipality, district, or other politicaI subdivision, -or any other goup or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Comrmssioner, Member board, commission, or conn'mttee of the CID', employee, or staff members. RESOLUTION NO. 2003- APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01- 11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-7; 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. 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- 1 I, Village l 1 Neighborhood R-7, particularly described as follows: Lot 8 of Chula Vista Tract NO. 01-11, Otay Ranch Village 11 "t' 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: 8.417 Acres No. of Lots: 71 Numbered Lots: 67 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: Picket Fence Drive, Quiet Trail Way and Quiet Trail Drive all as shown on Village 11 Neighborhood R-7 map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts the landscape buffer and sidewalk easement, sight visibility easement and wall easement all as shown on Village 1 ! Neighborhood R-7 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 all as shown on Village 11 Neighborhood R-7 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-7 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. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated July 22, for the completion of improvements in said subdivision, a copy of which is on file in the Office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clifford Swanson Ann Moore Director of Engineering City Attorney J:Attomey/Reso/M aps/reso-r7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORB/[ BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: Subdivision Improvement Agreement between the City of Chula Vista and Brookfield Shea Otay, LLC for Otay Ranch Village 11, Neighborhood R-7 (CVT 01-11) Recording Requesled by: CITY CLERK When Recorded. Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista. CA 91910 No transfer tax is due as this is a conveyance lo a public agency of less than a fee interesl for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT. made and entered into this day of . _00o. by and between THE CITY OF cHULA VISTA. a municipal corporation, hereinafter called "City" BROOKFIELD SHE.& OTAY. LLC, a California limited liabiliU, company, located at 12865 Pointe Del Mar. Suite 200, Del Mar, CA 92014. hereinafter called "Subdivider" ,x,irh reference to tile facts set fortb below, which Recitals constitute a part of this A~eement; KECITALS: WHEREAS, Subdivider is about to present to the Cir,' Council of the City of Chula Vista for approval and recordation, a final subdivision map of a p~oposed subdivision(to be known as OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-7 (CVT 01-t 1) pursuant to the provisions of the Subdivision Map .Act of the State of Califomia. and in compliance with the provisions of Title 18 of the Chun Vista Municipal Code relatin~o 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 ancFor land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approve~t by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternatixre 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 Chun 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 securitie's as approved by' the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-364. approved on tile 23rd day of Oclober. 2001 ("Tentative Map Resolution"): and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submiued to the City Engineer, as shown on Drawings Nos. 02158-01 through 02158-6, inclusive, on file in the offic~ of the Cily 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 SLX HUNDRED NINrETY THOUSAND DOLLARS AND NO CENTS ($690.000.00). NOW, THEREFORE. IT IS MUTUALLY UNDERSTOOD AND .AGREED AS FOLLOWS: I. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land. 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 CiLv, in a good and workmanlike manner, under the direction and to the satisfaction m~d approval of the City En~neer, ail of the public improvement and/or land development work required to be done in and ad. ioining said subdivision, including the improvements described in the above Recitals ("Improvement Vv'ork"); and will furuish the necessary materials therefore, ali 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 hereo£ 2. It is expressly understood and a~eed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the improvement Work, and that Subdivider has installed or wilt install temporary street name signs if permanent street name signs bave not been installed. 3. It is expressly understood and a~eed that Subdivider will cause all necessarx mater/als to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement A~eement. 4. It is understood and a~eed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, pr/or to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- certificate shall not be issued until the City Engineer has certified m writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this para~aph. 5. Ii is expressly understood and agreed to by Subdivider that, in the performance of said Improvemen! 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, simuhaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HL:~T)RED FORTY~FIVE THOUSANrD DOLLARS AND NO CENTS ($345,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this a~eement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HL_~'DRED FORTY-FIVE THOUSAN'D DOLLARS ANrD NO CENTS ($345,000.00) to secure the payment of material and labor in com~ection 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 a~ees to furnish and deliver to the City of Chula Vista. sirnuhaneously with the execution of this a~eement, an approved improvement security from a sufficient surets, whose sufficiency has been approved by the City in the sum of TEN THOUSAND DOLLARS AND NO CENTS (S10,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time a~eed 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 ail costs hereof are fully paid, the whole amom~t, or any part thereof not required for payment thereo£ may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will -3- the City of Chula Vista, or any department, board or officer thereof, be hable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore. except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and a~eed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of improvement Work hereinabove provided for, and the cost of street 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 a~eed that until such time as all improvement Work is fully completed and accepted by City, Subdivider wiI1 be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this a~eement, and that upon acceptance of the work by City, Subdivider shall ~ant to City, by appropriate conveyance, the public improvements constructed pursuam to this a~eement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and a~eed that City, as indemnitee, or any officer or employee thereo£ shall not be liable for any injury to person or property occasioned by reason of the ~cts or omissions of Subdivider, its agents or employees, or mdenmitee, related to this a~eemen:. Subdivider further agrees to protect and hold the City, its officers and employees, harm]ess from any and all claims, demands, causes of action, liability or loss of any sort, because of or arisin~ om of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to thi~ agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this para~aph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resuhing from diversion of waters, change in the volume of flow, modification of the velocity~of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall becom~ effective upon the execution of this agreement and shall remain in full force and effect for ten (I 0) years following the acceptance by the City of the improvements. -4- 14. Subdivider agrees lo defend, indemnif,v, and hold harmless the Cie,' or its aaents. officers, aod employees from an3' claim, action, or proceeding against the Cit',' 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 conderning a subdMsion, which action is brou~t within the time period provided for in Sec'lion 66499.37 of the Government Code of the State'-of California. I5. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein ma3' be assigned to Subdivider's successor in interest if the Cie`, Manager in his/her sole discretion determines that such an assi=mn-nent will not adversely affect the City's inlerest. The Cie`, 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 assigrgnent will be in a form approved by the City Attorney. SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE 11, NEIGHBORJ-']OOD R-7 (CVT O~-ll) IN WITNESS WHEREOF, the parties hereto have caused this a=m'eement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by .Ann Moore CiLv Anomey Signature DEVELOPERS / OWNERS: BR00KFIELD SHLA OTAY, LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delaware,,Limited ~iability Company, Member President ~'£: Shea Otay Village !1, a California Limited Liability Corn_party, Member B-:: Shea Homes Limited Partnership, a California Limimed Partnership, its Sole Member tLC, ~,~,~ I~,l c_~ A~t~l' ~-¢: J.F. Shea ~mpa~ lng., ~ ~=vada corpo~au!u~ i~s ~-n~_al Partner {Aumach Nota_~: Acknowl =dcm=~) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ SS. County of San Diego On July 8, 2003, before me, Colette Kavanagh, Notary Public, personally appeared Stephen P. Doyle and John W. Norman, personally known to me to be the person whose names are subscribed to the within ~ '~'"'~"-- .. ~,~L~,l~i~.A~N~14~-~ instrument and acknowledged to me that they executed the same in their authorized ~ Commission # 13171364 ~ Nr~t~rt Public- Celifornla ~ capacity1 and that by their signatures on the ~ ~1~ San Diego Coun~ ~ instrument the persons, or the entity upon ~' ~C~mm.F-x~l~ behalf of which the persons acted, executed ~ .... '~ ~~'~'"~ the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of NotaP/Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbp,nt of Signer Signer's Name: Tc3p of thumb here [] Individual [] Corporate Officer-Title: Vice President [] Partner--[~ Limited ~ General [] Attomey in Fact [] Trustee [] Guardian or Conservator [] Other: Signer is Representing: State of California ) ) S.S. County of San Diego ) On July 9, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and Paul L.L. Barnes, 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 insmnnent. WITNESS my hand and official seal. Not~~~--~ ~--- Document Name: Subdivision Improvement Agreement - The Remainder of this Page is Blank- LIS'I- OF EXHIBITS Exhibil "A" Improvement Security- Faithful Perfommnce Form: Bond .~nount: 5345.000.00 Exhibit 'B" Improvement Security - Material and Labor: Form: Bond Amount: 5345.000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond :~nount: S 10.000.00 Securities approved as to fom~ and amount by City .-~ttoFl~ev improvement Completion Date: Tx\o (2) years from date of City Council approval of the Subdivision h~2provement A~eement. J:,A'aomev\SIA\OtavRanzh\"illao-e I 1 R-7 -8- RESOLUTION No. 2003- APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CI-1ULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-7 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of Resolutions 2 0 01 - 3 6 4 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. 01-11, Otay Ranch Village 11, Neighborhood R-7, 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 Ann Moore Director of Engineering City Attorney J:Attorney/Reso/SSIA/reso-r7 THE ATTACHED AGREEMENT HAS BEEN KEVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, Neighborhood R-7, CVT # 01-11 RECORDING REQUEST BY: City Clerk WHEN RECORDED M~_IL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use OR-607F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY P_n_NCH VILLAGE ELEVEN, NEIGHBORHOOD R-7, CHUI_A VISTA TRACT NO. 01-11 (Conditions 1-6, 8-13, !7, 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 CHUI~A VISTA, California (~City" for recording 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 01-11 Otay Ranch Village Eleven and is commonly known as Windingwalk. For purposes of this Agreement the term "Project" shall also mean "Property". B. "Owner,, or "Developer,, means the person, persons or entity having a legal or an equitable interest in the property or 1 parss 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 in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-1! ("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. Developer has requested the approval of a "B" Map for the Project ("Final Map"). Certain conditions of approval of the Ten5ative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map for 5he Projec5. F. 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 no the terms and conditions sen forth herein. G. The following defined terms shall have the meaning set fornh 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 Village 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 mime. e. "EIR 01-02" means Environmental Impact Report for the Otay Ranch Village Eleven General Development Plan, Sectional Area Plan and Conceptual Tentative Map. f. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by 2 the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, ~ - 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 covenanns, term~ s and conditions herein contained, the parties agree as set fcrnh below. 1. Agreement Applicable to Subsequent 0w~lers. 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 ail of the Property as described on Exhibit "A" ~nmi! released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of nhe covenants contained in this Agreement ("Burden") is for 5he 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 covenant~ running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach no which in or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assigrunents. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its 3 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 cf 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 !o5 5o a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordab!e form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 (Agreement to all terms, covenants 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 the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No. 2 - (Recl~ire~ents a~d g~aideli~es). ~n 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; ©ray 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 ~-rea (SPA) Plan and supporting documenss 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 5he 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 right to revoke or modify all approvals herein granted including issuance of building permits, deny, cr further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the Cisy and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condition No. 4 (Hold City Harness). 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. 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 conditions of approval, (PCM 99-15) as may be amended from time to time. Developer further agrees as follows: 5 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 ~he new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive ~o zhose 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 pare 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 impcsition 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 agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 7. Condition No. 6 (Subm/ttal 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 necessary by the Director of Planning and Building, an updaZed SecZional Planning Area (SPA)' Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Eleven SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. 8. Condition No. 8 - (Consistency with Land Offer Agreement). 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 wiuh the entire Land Offer Agreement and Amendments for t~e life of the Agreement. 9. Condition No. 9 (Participate in Reserve Fund). in satisfaction of Condition No. 9 of the Resoluuion, ~he Developer acknowledges and agrees that a rese_~ve 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. Pursuanu to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The Developer further acknowledges that the annual monitoring report will analyze the supply of, and demand for, public facilities and se-~vices 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 ~he Resolution: a. Developer acknowledges and agrees that, prior to the construction of SR-125, the City shall stop issuing new building permits for Village 11 when the City, in its sole direction, determines that either: i. Building permits for a total 9,429 dwelling units have been issued for Projects east of 1-805 {the 7 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 ~hresho!ds, the City may issue building permits if the City decides, in its sole discrenion, that any of the following has occurred: i. traffic studies demonstrate, to the satisfaction of the City Engineer, that the circulation system has additional capacity without exceeding the GMOC traffic threshold standards; ii. other imprcvemen5s 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. 1! 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 - (Enviror~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 and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this Project. 8 14. Condition No. !7 (Preserve Conveyance Schedule). In satisfaction of Condition No. 17 of the Resolution, Developer hereby agrees to comply with ~he 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 Condition 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 easemenu is conveyed, the Applicant agrees to provide subcrdination 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 easemenu 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 streeu 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 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 and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Developer on site according to approved preliminary street 9 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 P!ar~ing and Building and the City Engineer prior to or concurrent with the second submittal of street improvement D!ans within the subdivision. Approval of the street tree i~Drovement plans shall constitute final approval of the selection of street trees for the street parkways. 17. 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 tkreshold 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: 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. AJiy temporary water supply source is subject to prior approval by the Fire Marshal; and 10 b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet; and c. Street signs installed to the satisfaction of. the Department of Public Works. Temporaz-y 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 CiZy'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 satisfacsion of the Fire Department. 21. Conditions No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the Resolution, 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 o~ 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. 23. Condition No. 63 - (Street Name Signs). In satisfaction of Condition No. 63 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for the applicable final map. 24. Condition No. 78 - (NPDES). In satisfaction of Condition No. 78 of the Resolution, Developer agrees to comply 11 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.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. 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 improvemenns, 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 Ci5y Engineer. The San Diego Regional Water Quality Control Board kas 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 inmo the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures tham 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. 26. 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 12 dated March, 2001, or as amended by the Applicant and approved by the Director of Engineering. The Village Eleven SPA Sewer Repot5 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 zhe 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 Neighborhood Park (P-l). Developer further agrees that the remaining requirement shall be satisfied in a future Community Park.through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Building and Park Construction. 28. Condition No. 121 - (With_hold Building Perm/ts). In sasisfaction of Condition No. 121 of the Resolution, Developer agrees that a~ 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 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 a~d 146 - (M~OA Ar~exation). In partial satisfaction of Condition No. 141 of the Resolution, 13 Developer agrees to annex lots 1 through 67 to the M/qOA and deed lots ~A .... 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 M~OA. 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. lA8 of the Resolution, Developer agrees to ensure that all buyers of lots 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 - (Withl%old 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 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 Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public 14 ullltles and/or services either exceed the adopted City threshold standards or fail to com_mly 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 with_hold 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 Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers cr employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the 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, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building 15 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 fair 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 2003-075 on March 4, 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 cf the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 39. Condition No. 176 (Regional Impact Fees). In satisfaction of Condition No. 176 of the Resolution, Developer agrees to not protest the formation of any future regional benefit assessment distric{ formed to finance regional facilities. 16 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 mav modify the sequence of improvement construction should condition~ change to warrant such a revision. The Developer further agrees Co 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 I19.09.090) and Threshold Compliance Procedures (i~.09.io0). 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 Chat 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 Co 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. A// annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), Projected construction dates, corresponding public facility needs per the adopted threshold standards, ~nd identifying financing options for necessary facilities. 17 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, 5he 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 the 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 s~andards 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 developmenE within and outside of the Project area; that ~hroughout 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 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. 18 46. Condit{on 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. 199 - (Code Requirements). in satisfaction of Condition No. 199 of the Resolution, Deve!oDer agrees to pay the following fees in accordance with the City C~de and Council Pol.icy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impac~ fee. e. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin DIF. f. The Pedestrian Bridge DIF. g. The FIND Model reserve Fund Fee. 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 ~o be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 49. Condition 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. 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 Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards {19.09.04), public facilities finance plan 19 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 is 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, 8-13r 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 prior 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 ~gree that the City may withhold the issuance of building permiC~ for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 56. Assignablity. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City manager in his/her sole discretion d~termines that such an assignment will not adversely affect the City's interest. The City Manager 2O in kis/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. 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 writsen notice of such change to the other party. CITY OF Ci~3LA VISTA 276 Fourth Avenue Chuta Vista, CA. 91910 Attn: Director of Engineering DEVELOPER: Brookfie!d 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. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This' Agreement is not intended to supersede or amend any other agreement between the parties 21 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 e_qual!y in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 22 [PAGE ONE OF TWO SI~NA'ruF. E PAGES TO THE SIIPPLEM~qTAJ~ SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH I~/LLAGE ELEVEN, NEIGHBORHOOD R-7, C~uhA 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 Stephen C. Padilla Mayor Attest: Susan Bigetow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWo OF TWO SIGNATURE PAGES] 23 [PAGE TWO OF TWO SI~NA'£'u~E pAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBOP~HOOD R-7, CRIILA VISTA TRACT NO. 01-11] DEVELOPERS/OWNERS: BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Company By: Brookfield Otay LLC, Member By:~_(~a Delaware' Limite/1Liability C°mpany'0, [ t~-~ -- By: _~L~0~ 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. Shea Go~,pany INC., ~ Nevada Corporation, its General (Attach Notary Acknowledgment) 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ ss. County of San Diego On July 8, 2003, before me, Colette Kavanagh, Notary Public, personally appeared Stephen P. Doyle and John W. Norman, personally known to me to be the person whose names are subscribed to the within ~c°~"~u~'~'~u~ ~ instrument and acknowledged to me that they executed the same in their authorized Commission # 1317064 I[ Notary Public- Call.r/tie ~ capacity1 and that by their signatures on the sa, Diego Cour¢~ f instrument the persons, or the entity upon .~ comm. F.~iree S~o S, 20~SI~ behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to pe~ons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbprint Signer's Name: o~- Signer E~ Individual To. ~um~h.r, [] Corporate Officer - Title: Vice President [] Partner--J3 Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer is Representing: State of California ) ) S.S. County of San Diego ) On July 9, 2003, before me, Elizabeth G. Blust, Notary Public, personally John B. Vance and Paul L.L. Barnes, 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~y eublic'in ~)t,q~unty and State Document Name: Supplemental Subdivision Improvemem Agreement for Otay Ranch Village Eleven, Neighborhood R-7, Chula Vista Tract No. 0 I-11 - The Remainder of this Page is Blank- EXHIBIT "A" PROPERTY DESCRIPTION Lot 8 of Chula Vista Tract No. 01-1!, Otay Ranch Village 11 "A" Map No. t in the City of Chula Vista, County of San Diego, Sta~e 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 CV WO No Description Bond $ Bonding Co~any Bond (Drawing %) Name number 0~ -0 % Landscape and 70 [~ for Village 11, Neig~orhood R-7 26 RESOLUTION No. 2003- APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-7, ESTABLISHING SPECIFIC OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the grant of easements and maintenance agreement sets forth the master developer's obligation to maintain landscaping in the public right of way; and WHEREAS, the obligation will be assigned to the Master Homeowner's Association (MHOA) after the landscaping has been established and turned over to the MHOA to maintain; and WHEREAS, the agreement also grants non-City crews permission to maintain parkways in the public right of way and storm drain inlets equipped with water quality facilities; and WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of the aforementioned private improvements and recommends Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement, between Brookfield Shea Otay LLC, a California Limited Liability Company, regarding maintenance of private open space and facilities within the right of way of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-7, 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 Ann Moore Director of Engineering City Attorney J :Attorney/Reso/Easements/reso~r7 THE ATTACHED AGKEEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTOPuNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attomey Dated: Grant of Easements and Maintenance AGreement for CVT No. 01-11, Otay Ranch Village 11, Neighborhood R-7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-7, Map No. 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 "WI NDINGWALK", Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. 200%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 "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 "MasterDeclaration"). The Master Declaration provides for WINDINGWALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit ' [ - O12200-f)055 97061 2 06/26/{)3 Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one ormore 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 over which the SHOA has jurisdiction. As stated in the Master Declaration, it is intended 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 the 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 City desires 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 M HOA 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 to or better than the levee of maintenance set forth in the Section of the Master Declaration entitled "Level of Landscape Maintenance". For purposes of this -2- 012200-0055 97061.2 06~26/03 Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. (b) Transfer to 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 "Develope(' 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 covedng a portion of the 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: (i) .MHOA Accepts Obligation. 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 -3- obligations of Developer under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confirm that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Master Declaration. This condition "(ii)" 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 Master Association Property (including ail 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 death, personal injury and property damage adsing out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (I) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clau'se which would abrogate coverage should litigation ensue between insureds; and (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." 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 City with 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 MHOA under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and.approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 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 or the M HOA's respective failure to complywith 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 attomeys' fees, which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failu re to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Planning Director or City Attorney. 8. Aqreement Applicable to Subsequent Owners. (a) Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon Developer and any successive Developer owner of the Property. -6- 012200-0055 97061.2 06/26/03 This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the'successors, assigns and interests of the parties as to any or all of the Property. (b) Agreement Runs With the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. 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 ofthis 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 ofwhich shall constitute one and the same document. 12. Recording. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 13. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. -7- 012200-0055 97061.2 0(~,26/03 If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue ChulaVista, CA 91910 Attn: City Engineer If To Developer: BROOKFIELD SHEA ©TAY LLC c/o Brookfield Homes, Inc. 12865 Pointe Del Mar, Suite 200 Del Mar, California 92014 Attn: Ms. Coiette Kavanagh (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, 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. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and -8- 012200-0055 970612 06/26/03 acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: City Attorney -9- BROOKFIELD SHEA OTAY LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, Member ~ .,i By: Shea Otay Village 11 LLC, a California limited liability company, Member By: Shea Homes Limited Partnership, a California limited partnership, it's Sole Member By: J.F. Shea LLC, a Delaware limited liability company_~?ener¢~ner By '~.~, -~ .... U- STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On --J~] ~'~ ,200 3 , before me, ~____~(¢_-V~<_ NoteW Public in and for said State, personally appeared Ily k .......... L~i~ . . ' persona nown to me (m- pzo~ed ~u ,, ,~ ~,, u ,~ o be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ~they executed the same in ,-h~s/,heUtheir authorized capaciW(ies), and that by ~/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ -~-~' ~ N~ Public- C~tifo~a 1~ Signature ~~~~ - ~(Seal) STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO ) On0,,.,,~ It, ~;-~-I~. ,200.~ ,beforeme, ~,.¢.,~ ~ .~g~ , Notaw Public i~ and for said State, personally appeared ~ personally known to t ............ ' me ~, pro,~ ~u ,,,~ o;~ the ~o,o u~ "' ............ ~ ~,~u,y ~,,~,,~] to be the person(s) whose name(s)~re subscribed to the within instrument and acknowledged to me that ~e/they executed the same in~:,~'hcUtheir authorized capacity(idS), and that by ~their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ,200 , before me, , Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(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. WITNESS my hand and official seal. Signature (Seal) EXHIBIT "A" ~tion Those portions of those public rights of way located within CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-7, in the City of Chula Vista, Countyof 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 Easement and Maintenance Agreement to which this Exhibit "A" is attached. SXH S T "S" CHU~A VISTA TRACT NO. 01-11 OTAY I:~.NCH VILLAGE 11. NEIGHBORHOOD PARCEL A = OUIET TRAIL WAY PARCEL B = OUIET TRAIL DRIVE PARCEL C .= PICKET FENCE STREET 0 200 400 600 SCALE 1"=200' HUNSAKER & ASSOCIATES R:~OJ46~&Mop~H~ ~NT ~ 5~OhO~[ 2044~un-20-200J:lS:05 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. COUNCIL AGENDA STATEMENT 'Item ~ /2--- Meeting Date ~ ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessin9 Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of Finance/Treasurer~ REVIEWED BY: City Manager~ ~)t" (4/5ths Vote: Yes __No X ) In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis. This is the identical process approved by City Council since August 1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and continue the public hearing until July 22 in order to satisfy public notification requirements. On July 22, staff recommends that Council adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied pamels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts Page 2, Item_ Meeting Date together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. In December 2002, City Council approved midyear liens for 77 delinquent sewer service accounts valued at $37,800 to be forwarded to the County for collection on the next regular property tax bill. Staff has currently identified 258 owner occupied accounts totaling $95,161 as being over 60 days delinquent (listing available at the City Clerk's office). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked to pay their delinquent sewer service charges prior to this public hearing to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. ^ final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied pamels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, $75,000 in additional sewer fund revenues is estimated for FY02-03. For FY03-04, an estimated $72,000 is projected to be collected in this manner. RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, the Chula Vista Municipal code section 13.14.150 allows for delinquent' solid waste service accounts to become a lien upon the affected property served and also charged to the property owner on the next regular tax bill as a special; and WHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty (60) days delinquent; and WHEREAS, at the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, these property owners have been notified of their delinquencies, and of the public hearing, and asked to pay the delinquent sewer service charges prior to said hearing to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the Cotmty for recordation as a lien and placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared prior to July 22, 2003 will be removed from the list prior to the submittal of these charges to the County. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby (1) overrule any and all protests or objections presented at the public heating and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as recorded liens upon the respective owner occupied parcels of land and the placement of such delinquent charges on the next corresponding regular tax bill unless cleared prior to July 22, 2003. Presented by Approved as to form by Maria Kachadoorian Ann Moore Director of Finance City Attorney /2- COUNCIL AGENDA STATEMENT Item Meeting Date ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Pamels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Solid Waste Service Charges as Liens Upon the Respective Pamels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of Finance/Treasurer~'?~ £1L REVIEWED BY: City Manager~,~, (4/5ths Vote: Yes __No X ) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a quarterly basis since mid- 2001. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties, consider all testimony and continue the hearing until July 22 in order to satisfy public notification requirements. On July 22, staff recommends that Council adopt the resolution overruling all protests and assessing these charges as liens upon the respective pamels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to require participation in solid waste service and eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance also allows delinquent solid waste service charges to be assessed as liens Page 2, Item_ Meeting Date upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public headng is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In February 2003, City Council approved 476 midyear liens on properties valued at $65,040. Since then, Pacific Waste Services has identified and submitted an additional 849 delinquent accounts valued over $105,096 to the city for collection. Through the City's preliminary collection efforts, 512 accounts have been resolved, and the remaining 337 accounts valued at $41,298 are now being submitted (listing available at the City Clerk's office). The account status and property ownership on these accounts have been verified by both Pacific Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection. City staff also sent out a past due letter, and last month, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges by July 14, 2003 to avoid a lien being placed on their property. City staff has been working with Pacific Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Page 3, Item_ ~'),'~ ~ Meeting Date ~ Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective pamels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, an estimated $180,000 should be collected in FY 02-03. These funds would then be forwarded to Pacific Waste Services less the city's Franchise Fees, AB939 fees and late charges. The city should recognize an estimated $16,500 increase in Franchise Fees, $3,500 in AB939 fees, and $11,000 in late charges for FY02-03. For FY03-04, an estimated $185,000 is projected to be collected in this manner. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLD WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BiLL FOR COLLECTION WHEREAS, in November 1998, the City Council amended the Municipal Code to require participation in solid waste; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, Chapter 8.24 of the Chula Vista Municipal Code allows for delinquent solid waste service accounts to become a continuing lien upon the property served and also charged to the property owner on the next regular tax bill as a special assessment; and WHEREAS, after assignment of the delinquent account to the City for collection by the franchisee, and if the property owner has not paid the full amount of the delinquent solid waste service charge within fifteen days after the mailing of a "Final Notice of Delinquency", a public hearing shall be set to review and confirm the delinquent account before placing a lien and special assessment on the property; and WHEREAS, at the hearing, the City Council is to consider the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the heating, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, the account status and property ownership on these accounts have been verified by both Pacific Waste and staff; and WHEREAS, property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified property owners of the public hearing and has requested that they pay delinquent solid waste service charges before said hearing to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the County for placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared prior to July 22, 2003 will be removed from the list prior to the submittal of these charges to the County NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby (1) overrule any and all protests or objections presented at the public hearing and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as liens upon the respective parcels of land and the placement of such delinquent charges as a special assessment on the next corresponding regular tax bill, unless cleared by July 22, 2003. Presented by Approved as to form by Maria Kachadoorian Ann Moore Director of Finance City Attorney J:Latton~ey~reso\ financeXsolid waste delinquency 03 COUNCIL AGENDA STATEMENT Item: Meeting Date: 07/22/2003 ITEM TITLE: Resolution Approving changes to the Library Master Fee Schedule. .D SUBMITTED BY: Assistant City Manager Palmer~) REVIEWED BY: City Manager~do~ (4/Sths Vote: Yes X_X_ No As part of the FY-04 budget process the Library recommended changes to its Master Fee Schedule. These changes include increasing the Insurance Charge for video/DVD and the Interlibrary Loan fee, reducing the video/DVD Insurance Charge Per Item Option, and amending the Lost Item Processing Fee and Overdue Charges for Video Tapes. (^TT^CHMENT ^) STAFF RECOMMENDATION: That Council approve the proposed changes to the Library Master Fee Schedule. BOARDS/COMMISSIONS RECOMMENDATIONS: At their meeting of July 9, 2003, the Library Board of Trustees voted to support these changes to the Library Master Fee Schedule. (ATTACHMENT B) DISCUSSION: The Library proposes the following changes to the Master Fee Schedule: · Increase the ?ideo/DVD Annual Insurance Fee for borrowing videos/DVD's from $15 to $20. This fee has not been Increased since 1996. The $5 increase will ensure that revenues are in line with those collected at other libraries within the Serra Cooperative Library System. · Increase the Interlibrary Loan Fee from $1 to $5 per item. (Interlibrary Loans are the borrowing and loaning of library materials to and from libraries outside of the City's Jurisdiction. This includes universities and out-of-state libraries.) The fee for this service has not been increased in over 10 years. The increased fee will offset staff costs to process and obtain Interlibrary Loans. The $5 per item fee is consistent with the fee charged by San Diego Public Library. · Reduce the Video/DVD Per Item Transaction Fee from $2 to $1. The reduction in this per mmsaction fee should encourage greater usage of the video/DVD collection by those customers who do not wish to purchase the annual fee, providing greater customer service and increase overall revenues. Item: t¢ ~ Page 2 Meeting Date: 07/22/2003 Limit the $12.50 Lost Item Processing Fee only to items that cost $12.50 or higher and amend the Overdue Fines for videotapes ($1 per day/per item) to include DVD's. Both changes in the Master Fee Schedule reflect actual practice. Re-Format of Master Fee Schedule Fee Entries Staff recommends that the Library Master Fee Schedule be re-formatted to accurately reflect previous Council actions, and to incorporate current recommended cban~es. The recommended changes are highlighted in Attachment "A." FISCAL IMPACT: Approximately $246,800 is currently collected annually from all Library fines and fees. It is estimated that these changes in the Library Master Fee Schedule will result in an increase of approximately $15,000 in revenue over the previous Fiscal Year. Attachment "A' CHAPTER V Library SERVICE FEES Library Cards Resident card- no charge Replacement of Lost Card- $2.00 Additional Card- $2.00 Non-California Resident Card- $20.00/yr Audio Visual Insurance Charge for video/DVD- $~.5~.; Increase to $2O/yr Video/DVD Insurance Charge Option- $2~m Reduce from $2 to SI/item Books Intedibrary Loan- $!.~,r,'!cm Increase to $5.0011tem Book Transfer Postage Fee- Actual cost of postage (requ~ ~rom non-Se~ Ubrary) Lost Items $12.50 processing fee added on to lhe retail price of any lost book or audio- visual item FINES Overdue Charges Books Adults $.30 per day per item Children $.10 per day per item Compact disc and audio cassettes- $.30/day Video Tapes- $1.00 per day per item Audio Visual Cassette Rewinding- $1 each r~[~ Fee Schedu~ Part I- General Chapter V- Ubrary Attachment "B" MINUTES LIBRARY BOARD OF TRUSTEES July 9, 2003 Library Conference Room 4:12 PM All Items May be considered for Action CALL TO ORDER ROLL CALL Trustees Clover _fi_A, Pasqua ~P, Valerio ~ Chair Hubbard ~ Vice Chair ~ I. APPROVAL OF MINUTES MSUC (Hartman/Pasqua) to approve the minutes of April 16, 2003 II. CONTINUED MATTERS A. Library 2003-04-05 Budget Library Director Palmer presented a brief status report on the progress of the budget. B. Library Bond Act Director Palmer reported that the Library's second round application had passed technical review and that the State Library expected the Bond Board to make their decisions by mid-October. C. Interuet Use Policy Director Palmer reported that staff was meeting with the City Attorney to review the impacts of the recent Supreme Court decision to uphold the Children's Internet Protection Act. Staff will report on th_is discussion at the next board meeting. III. NEW BUSINESS A. Summary of Activities The Board reviewed the annual Summary of Activities without comment. B. Master Fee Schedule Staff presented the proposed changes to the Library Master Fee schedule, including an increase in the Video/DVD Insurance Fee from $15 to $20 a year, an increase in the Int~rlibrary Loan Fee from $1 to $5 per request, and a decrease in the Video/DVD per transaction charge option $2 to $1. MSUC (Hafanan/Pasqua) to support the proposed changes to the Library Master Fee Schedule C. US PATRIOT Act Assistant Library Director Brown made a brief presentation on the Patriot Act. D. Board Elections This item was continued to the next meeting. IV. LIBRARY DIRECTOR'S REPORT A. Online Bookstore The Friends of the Library have established online book sales at www.abebooks.com. More than 300 old, rare or donated books are currently being offered for sale on this site. All proceeds are earmarked for the purchase of new library books. B. Summer Reading Program At the halfway mark, 3,859 children and teens have enrolled in the annual Summer Reading Program. C. Local History Plan A Request for Proposal is being prepared so that the Library can hire a consultant to evaluate the Local History Room collections and make recommendations about its development, preservation of the materials, and the appropriate size of the Local History Room. It is hoped that this study will be completed by late December 2003. RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE LIBRARY MASTER FEE SCHEDULE WHEREAS, as part of the FY-04 budget process the Library recommended changes to its Master Fee Schedule; and WHEREAS, these changes include increasing the Insurance Charges for video/DVD and the Interlibrary Loan fee, reducing the video/DVD Insurance Charge per Item Option; and WHEREAS, also amending the Lost Item Processing Fee and Overdue Charges for Video Tapes; and WHEREAS, the Library Board of Trustees was scheduled to revie~v this proposal at their June 18 meeting, however, there xvas no quorum and the meeting was cancelled. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the following changes to the Library Master Fee Schedule: 1. increase the Video~DieD Annual Insurance Fee for borrowing videos/DVD's from $15 to $20. This fee has not been increased since 1996. The $5 increase will ensure that revenues are in line with those collected at other libraries within the Serra Cooperative Library System. 2. Increase the Interlibrarv Loan Fee from $1 to $5 per item. (Interlibrary Loans are the borrowing and loaning of library materials to and from libraries outside of the City's Jurisdiction. This includes universities and out-of-state libraries.) The fee for this service has not been increased in over 10 years. The increased fee will offset staff costs to process and obtain Interlibrary Loans. The $5 per item fee is consistent with the fee charged by San Diego Public Library. 3. Reduce the Video/DVD Per Item Transaction Fee from $2 to $1. The reduction in this per transaction fee should encourage greater usage of the video/DVD collection by those customers who do not wish to purchase the annual fee, providing greater customer service and increase overall revenues. 4. Limit the $12.50 Lost Item Processing Fee only to items that cost $12.50 or higher and amend the Overdue Fines for videotapes ($1 per day/per item) to include DVD's. Both changes in the Master Fee Schedule reflect actual practice. :t Presented by Approved as to form by David Palmer Ann Moore Assistant City Manager City Attorney J:Attomey\Reso\l,ibrary Master Fee Schedule 03 2 COUNCIL AGENDA STATEMENT Item } ~ Meeting Date 7/22/2003 ITEM TITLE: Public hearing to consider the proposed restructuring of the Sewer Service Rates. Resolution amending the Master Fee Schedule by restructuring the Sewer Service Rates; and adopting a four-year sewer service rate plan based on the "~Yastewater User and Rate Restructuring Study"; and approving the transfer of funds from the Trunk Sewer Capital Reserve Fund to the Sewer Service Revenue Fund. SUBMITTED BY: Director of Engineering~J,, REVIEWED BY: City Manager ~'(~ ~ld 4/5ths Vote: (Yes: ,,,X No: ) BACKGROUND: In June 1999, City Council approved a three-year Sewer Service Charge rate plan for fiscal years 2000-2002 and 6% rate increases were implemented in each of those years. Subsequently, expenditures for maintenance and operation of the City's wastewater collection system, and for wastewater conveyance and treatment continued to escalate from $15.7 million in fiscal year 2000 to an estimated $23.6 million in fiscal year 2003. At the current sewer rate level, necessary expenditures would exceed projected fiscal year 2004 revenues by $5.5 million. On June 3, 2003, Council adopted a resolution declaring the City's intention to amend the Master Fee Schedule by updating the existing sewer rate structure, adopting the "Wastewater User and Rate Restructuring Study" and setting the public hearing. RECOMMENDATION: That Council adopt a resolution amending the Master Fee Schedule by restructuring the Sewer Service rates as shown in Tables 2 and 3; and adopting the four-year sewer service rate plan and the transfer of funds from the Trunk Sewer Capital Reserve Fund to the Sewer Service Revenue Fund, as detailed in the "Wastewater User and Rate Restructuring Study", previously adopted by Council. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In 1961, the City of Chula Vista entered into an agreement with the City of San Diego that allows all of the wastewater flows generated by the city to be sent to San Diego's Point Loma Treatment Plant for treatment. The following year, City Council established a monthly Sewer Service Charge to be paid by every property owner or occupant of any parcel of real property in the City of Chula Vista that is connected to the sewer system. Page 2, Item -~ Meeting Date 7/22/2003 To ensure that the cost of sewer service is distributed fairly and equitably and based upon actual consumption among the City's residents, a comprehensive sewer pricing structure review and a long- range financial plan were prepared as part of the PVastewater User and Rate Restructuring Study ("the study"), adopted by Council on June 3, 2003. Under the recommended rate structure, the average single-family residence will pay a lower sewer service charge next year. The charges will be based upon the estimated reasonable cost of providing the service to residents. The current and proposed charges are summarized below. Single Family Monthly Rate Comparison Current Proposed Consumption # of Users Charge Charge in FY04 Difference Low 2,148 $22.37 $7.99 - $14.38 2,145 $22.37 $9.89 - $12.48 2,340 $22.37 $11.78 - $10.59 2,694 $22.37 $13.68 - $8.69 2,913 $22.37 $15.58 - $6.79 3;033 $2237 $17;47 ~ $4.90 Average 2,839 $22.37 $19.37 - $3.00 i488 2 $2i.26 : $1.1~ Median 2,304 $22.37 $23.16 $0.79 2,076 $22.37 $25.06 $2.69 1,682 $22.37 $26.95 $4.58 1,471 $22.37 $28.85 $6.48 1,251 $22.37 $30.74 $8.37 1,135 $22.37 $32.64 $10.27 947 $22.37 $34.54 $12.17 High 6,220 $22.37 $34.54 $12.17 While a significant number of single-family residents will have a lower sewer service charge based on their consumption, a portion of this user class will also see their overall sewer service charge go up, which will reflect actual usage. Under the proposed structure, single-family users will generate 60% of the revenue required to meet overall sewer costs, which is commensurate with the amount of wastewater generated by this user class. Multi-family, commercial and industrial, will generate the remaining 40% of the required revenue. These users will continue to be assessed based on their water consumption levels, but at slightly increased rates. Page 3, Item /~"~ Meeting Date 7/22/2003 CURRENT RATE STRUCTURE AND RATES Under the current rate structure, the method of collecting the Sewer Service Charge from the city's 41,218 accounts varies depending on user location within the City: Water Provider Geographic Billing Location Frequency Billing Method Users Pre-Annexation Sweetwater Authority Area Bi-Monthly Finance Dept 14,742 Sweetwater Authority Montgomery Area Annually Tax Roll 3,428 Cai-American Montgomery Area Annually Tax Roll 277 Otay Water District Primarily East of 1- 805 Monthly Otay Water District 22,771 Total Accounts 41,218 Revenue derived from the Sewer Service Charge is deposited into the Sewer Service Revenue Fund and is primarily used for: · Maintenance and operation of the city's wastewater collection system (i.e., trunk sewer lines, sewer mains and laterals, access holes, pump stations); · The annual City of San Diego Metropolitan Wastewater District (Metro) Sewer Capacity charge; and · The city's portion of Metro's maintenance and operation costs, debt service, capital costs, and other incidental treatment and conveyance costs. It should be noted that the rate restructuring is not for sewer capacity or connection charges, nor does the rate restructuring exceed the cost of providing sewer services. SEWER REPLACEMENT FEES AND STORM DRAIN FEES In addition to the uses listed above, the Sewer Service Charge also serves as a "pass through" vehicle for the collection of approximately $1 million in Sewer Replacement Fees and Storm Drain Fees, which are deposited into their respective funds and neither of which will be impacted by the proposed rate changes to the Sewer Service Charge rate structure. Because the City of San Diego (our treatment authority) has received Clean Water Grant funding in the past, certain state and federal regulations apply to Chula Vista's rate program. Chula Vista is required, for example, to set user charges at a sufficient level to offset system operation and maintenance costs. In addition, costs must be allocated to user classes fairly and equitably. Page 4, Item ~ ~ Meeting Date 7/22/2003 Single-family residences make up 91% of the customer base and generate 63% of the City's sewage flow. Single-family residential users are currently subject to aflat monthly rate of $22.37. A reduced flat monthly rate of $15.83 is available to low-income users, who meet the eligibility requirements as defined in the Housing and Urban Development's (HUD) "Very Low Income Limits for San Diego County", which is published annually. Under the current rate structure, single-family households are charged the flat fee irrespective of the amount of water consumed or sent to the wastewater collection system. Over the years, however, this large class of residents has persistently requested that the City explore the feasibility of a consumption-based rate structure that would allow them to see the benefits of their conservation efforts on their sewer bill. Commercial and industrial users and institutional users, such as hospitals, nursing homes and schools, comprise 4% of the customer base, while multi-family residential users make up an additional 5% of the customer base. These two user classes currently generate 21% and 16% of the flow, respectively. Unlike single-family residential users, these two classes of users pay a variable charge according to two criteria - water consumption (quantity) and strength (quality) of the wastewater they generate. The current average monthly usage charge for multi-family property occupants who either have a master meter or an individual meter is set so as not to exceed the flat single family rate of $22.37 per month. Among institutional users, school districts apply for and receive variances under which the city applies parameters such as the number of school days, the number of occupants, etc., to determine the most appropriate and equitable sewer charge. The City's Sewer Service Charge has been revised a number of times over the years to cover increased costs of wastewater treatment and system maintenance. The most recent rate increase adopted by City Council took effect July 2001. No further rate increases have been implemented since that time. However, the city's treatment and system maintenance costs have continued to rise commensurate with population growth and the inevitable increases in service demand. Fiscal Year Metro Sewage Treatment Charges % (millions) Increase 2001 $12.4 2002 $14.1 14% 2003 $15.6 11% 2004 $18.4 18% In addition, the current rate structure has been in place since the establishment of the original fee, with only a single update in 1991. The city has maintained the current structure for a number of reasons including ease of billing, stability of revenue, and difficulties in creating a method to capture individual sewer water usage, and the complexity of facilitating a transition to a new rate structure. The State Water Resources Control Board (SWRCB) is the governing body, which has provided and continues to provide the guidelines for ensuring ongoing compliance with state, federal and other Page 5, Item ] f Meeting Date 7/22/2003 regulations relative to Chula Vista's rate structure. The current rate structure allocates costs to ratepayers based on a single strength component - suspended solids (SS). Recently, however, in conformance with SWRCB guidelines, San Diego Metro revised the cost allocation to all participating agencies including the City o£Cbula Vista, to be based on both SS and a second strength component - biochemical oxygen demand (BOD). Therefore, £or the City to conform to SWRCB guidelines, the city's existing rate structure is now subject to revision to include BOD as a strength component. L~ addition, in response to the numerous requests of residents, the rate structure was examined to determine the feasibility of a water consumption-based rate rather than a flat rate for single-family residential customers. Proposed Changes The Wastewater User and Rate Restructuring Study contains a revised rate structure, which will enable the City to raise adequate revenues to: · Properly operate and maintain the Chula Vista sewerage system; · Meet current and future obligations to the City of San Diego for use of the Metro System; and · Provide a water consumption-based rate structure as requested by single-family residents. In addition, the update will facilitate compliance with SWRCB guidelines that call for an enhanced rate structure, which incorporates both SS and biochemical oxygen demand (BOD) factors. Four-Year Financing Plan A four-year financing plan was also developed as a principal component of the rate study. The financing plan evaluates the Sewer Service Revenue Fund's balance of total annual expenditures to revenues in order to determine the revenue requirement of the fund. The plan shows that for fiscal year 2004, expenditures are projected to total $27.2 million, of which $19.4 million (71%) will be spent to meet the City's Metro obligation for wastewater treatment, capital projects, maintenance and operation of the sewerage system, and debt financing. The city expects to spend an additional $7.4 million (27%) for maintenance and operation of the city's local collection system. The balance of the planned expenditures (2%) is allocated for supplies and services. The amount of revenue generated by the City's Sewer Service Charge should be sufficient to cover the costs detailed above. Historically, however, consumer charges alone have been insufficient to meet program costs. At the current rate level, a shortfall of approximately $5.5 million in revenues is projected for fiscal year 2004, based on the study. This shortfall is primarily due to a $2.8 million increase in the City of San Diego's Metro treatment costs, from $15.6 million in fiscal year 2003 to $18.4 million in fiscal year 2004. To help ensure that program costs are met to keep pace with future Metro sewer charge increases, the consultant's study recommends a schedule of annual maximum increases of 9% in overall revenues over the next four years. /5- -5 Page 6, Item ] 5' Meeting Date 7/22/2003 The recommended adjustment includes two major components: · A rate restructuring and update to the Sewer Service Charge that consumers pay directly (as detailed in Appendix B of the study), and · A supplemental amount to be transferred in from the Trunk Sewer Capital Reserve Fund to balance anticipated expenditures with the requisite revenues. Trunk Sewer Capital Reserve Fund Transfers Issues concerning the use of Trunk Sewer Capital Reserve Funds will be discussed first. The Trunk Sewer Capital Reserve, which was established in 1985, is funded through the collection of fees for new connections to the City's sewer collection system. The $3,000 Sewerage Facility Participation fee is a one-time "buy in" fee that allows new customers to connect to the collection system, provided since the City first entered into the agreement with Metro and acquired capacity rights. Revenue from this fee has averaged $6 million annually over the past three years. The transfer of funds from the Trunk Sewer Capital Reserve Fund to the Sewer Service Revenue Fund is consistent with provisions of the Municipal Code that allow funds to be used for the construction or enlargement of sewer facilities to enhance or increase capacity. With the demands of population growth, sewer capacity requirements continually increase and are being addressed by the City of San Diego's ongoing expansion of the Metro system. To finance these new capital facilities, all Metro system participants, including Chula Vista, incur a portion of the debt service, which is included annually in Chula Vista's payment to San Diego Metro: Fiscal Year 2003 2004 2005 2006 2007 Chula Vista's estirnated Metro payment $15.6 $18.4 $19.0 $20.4 $21.0 Capital-related debt service portion of the Metro payment $7.3 $8.3 $8.5 $9.3 $9.8 Planned transfers from Trunk Sewer Fund $4.6 $6.6 $5.9 $5.5 $4.0 It is therefore appropriate and justifiable to transfer funds from the Trunk Sewer Capital Reserve fund to pay for these capital expenditures. Moreover, availability of these funds will provide a level of stability in the Sewer Service Revenue Fund through the coming years as proposed changes to the rate structure take effect. By including the proposed transfers as part of an annual maximum 9% planned revenue increase, the City will meet all of the fiscal criteria listed in the long-range plan, while maintaining a 45-day operating reserve of 12.5% in the Sewer Service Revenue Fund. Eventually, the long-range plan Page 7, Item / ~ Meeting Date 7/22/2003 reduces by 40% the amount of the funds now required to be transferred from the Trunk Sewer Capital Reserve Fund to the Sewer Service RevenueFund. Finally, it is important to note that the study evaluated the City's future ability to acquire additional capacity in the Metro system based on the available fund balance in the Trunk Sewer Capital Reserve Fund and it was determined that the proposed transfers would not compromise the fund. Sewer Service Charge Increase The recommended maximum 9% annual revenue requirement also includes a proposed increase to the Sewer Service Charge that consumers pay directly. The increase is an inextricable part of the proposed structural refinements to the sewer service rates and will be discussed together with them. On behalf of residents, the City required that the single-family rate-restructuring request be one of the primary components of the study. As a result, a major recommendation of the study is the revision of the City's current rate structure for single-family residential consumers from a flat fee structure to a two-part structure: · A commodity charge that varies based on amount of water used · Afixed service charge for basic service provision The four-year sewer service rate plan is detailed in Table 3 (attached). To enable the City to implement the proposed changes and still retain a degree of stability in revenue generation, an "individualized flat rate" is recommended for single-family residents. As detailed in Table 2, this commodity charge would be partially based on a fixed rate per unit of water used, but would be allowed to vary according to each customer's average winter water consumption. This more accurately reflects actual usage of customer. Winter water usage is an industry standard for the implementation of this type of rate structure since it generally reflects the lowest amount of water consumption during the year. Water Meter readings are taken from November through April when most customers turn off sprinklers and irrigation water usage is at a minimum, reflecting mostly domestic water usage. The average winter water consumption is then used to calculate the commodity charge, which is aimualized over the entire year for each individual residential customer. All other users will continue to be charged a variable rate based on amount of water usage and strength of flow, as described previously. The second component of the Sewer Service Charge - afixed service charge - would apply to all users including residential, commercial & industrial, and institutional users. This charge will allow the City to recover a portion of the fixed costs of service provision that the City incurs. These costs are for billing and administrative expenses, certain portions of the maintenance costs and debt service; and are paid by all customers. The fixed service charge will be based on meter size which ranges widely both in size and the resulting charge. It should be clarified that this is not an additional charge if compared to the existing rate structure; however it is a refinement, which breaks out a portion of the rate in a /'5 -7 Page 8, Item ~ ~'~ Meeting Date 7/22/2003 manner that allows the City to cover the fixed portion of its costs. It is estimated that the fixed service charge will generate 17% of the annual revenue requirement and is approximately equivalent to rates adopted by other agencies in Southern California with similar rate structures. Based on this new rate structure, while a significant number of single-family residents will have a lower sewer service charge based on their consumption, a portion of this user class will also see their overall Sewer Service Charge go up to reflect their actual usage. However, the average user in this user class will see a net reduction in their sewer bill based on this new structure. Moreover, the proposed average rate for City of Chula Vista consumers will compare favorably to the average rates for other cities in San Diego County. Average Sewer Service Charge City (Single Family) Carlsbad $13.00 National City $16.08 Chula Vista (proposed) $17.47 Escondido $23.00 Poway $28.38 La Mesa $28.83 Oceanside $31.09 San Diego $34.45 Annual Rate Reviews For the duration of the four-year plan, it would be prudent to ensure that the revenues generated are equal to the projected expenditures shown in the study. To that end, the assumptions that underlie the proposed rates will be reviewed annually. The four-year rate plan was based on actual water consumption data obtained from the Otay Water District and the Sweetwater Authority, and on treatment cost estimates. Because flow projections, the cost of Metro maintenance and operations, capital improvement projects, and treatment cost projections may change significantly from year to year, the study will be subject to an annual review. In addition, the change from a flat-fee structure to a water-consumption based fee structure for single- family residents could produce significant changes in consumer behavior such as water conservation efforts. As residents transition into this new structure, the impacts of efforts to conserve water will be evaluated. The Director of Engineering will present findings in an annual informational report to Council. Council may be asked to re-examine the four-year rate plan if actual revenues vary significantly from study projections. Page 9, Item I ~' Meeting Date 7/22/2003 Community Outreach Notices declaring the City's intention to restructure the sewer service rates were sent to 41,218 residents who will be impacted by the proposed rate restructuring. The four-year rate plan was also made available to residents through the City's website in a downloadable format. In response, the Engineering Department received calls from 59 residents regarding the proposed rate restructuring, and the callers' opinions are summarized as follows: a. Thirty-seven (37) callers supported the proposed rate restructuring. b. Four (4) callers opposed the restructuring, preferring a fiat-fee structure or some other structure that was not consumption-based. Two of these had significant landscaping and felt that their charge may not be accurately determined, which could result in artificially high rates. The others were just opposed to any restructuring. c. Eighteen (18) callers expressed ambivalent viewpoints. d. Of the 59 calls received, thirty-three (33) callers requested additional information on the eligibility process for the reduced low-Income rate and 13 callers requested language (Spanish) assistance. FISCAL IMPACT: Council approval of the proposed sewer rate increase and adoption of the proposed rate structure will ensure that the City recovers sufficient revenues to meet projected sewer- related expenditures for fiscal years 2004 through 2007. Reimbursements to the General Fund are expected to range from $7.4 million in fiscal year 2004 to $8.6 million in fiscal year 2007 for critical City staff support services for the maintenance and operation of the City's sewer collection and treatment system. Furthermore, the approval of the proposed four-year rate plan will authorize the transfer of funds from the Trunk Sewer Capital Reserve Fund to the Sewer Service Revenue Fund as follows: $6.6 Million in FY04, $5.9 Million in FY05, $5.5 Million in FY06 and $4.0 Million in FY07. Attachments: Table 1 - Current Sewer Service Charge Rate Structure Table 2 - Proposed Sewer Service Charge Rate Structure for FY 2003-04 Table 3 - Proposed Four-Year Sewer Service Rate Plan J:~Engineer~AGENDA\Sewer-Rate Adoption-July03-A113.ac.doc Page 10, Item ~/~ Meeting Date 7/22/2003 Table 1. CURRENT Sewer Service Charge Rate Structure Land Use Categories Strength Categories Rate Type Sewer Service Rate ** Single-family N/A Flat Rate $22.37/month Residential Single-family Residential N/A $15.83/month (Low-income Rate) Multi-family Low Water Usage + $2.24/HCF Residential (<200ppm) Strength of Flow Low $2.05/HCF (<200ppm) Commercial, Industrial, Medium $2.52/HCF and Institutional (>200 <600 ppm) High " $3.36/HCF (>600 ppm) High Volume Rate Formula Varies Dischargers based on SS ** Includes collection of Sewer Replacement Fee & Storm Drain Fee (see p. 3 for a discussion) ppm: parts per million HCF: one hundred cubic feet of water used SS: suspended solids (a component of sewage strength or quality) Table 2. PROPOSED Sewer Service Charge Rate Structure for FY2003-04 Sewer Service Rate ** Land Use Strength Commodity Commodity Categories Categories Charge Type Fixed Service Charge (based on meter size) (water usage) Rate Single-family SS & BOD Averaged Winter $6.10/month $1.90/HCF Residential Water Usage Single-family Residential .... $6.1 O/month $1.33/HCF (Low-income rate) Multi-family . Water Usage + Varies $1.90/HCF Residential Strength of flow (based on meter size) .... $1.90/HCF Commercial and Industrial $2.29/HCF " $3.78/HCF Institutional " $1.90/HCF High Volume Varies (based on Dischargers " strength >25,000 gal/day parameters) FIX'E1) gE1 !VICE CHARGE METER Service Charge SIZE (FY04) ** Includes collection of Sewer Replacement Fee (70¢) and Storm Drain Fee (70¢). 5/8" $6.10 3~- $6.10 BOD: biochemical oxygen demand 1" $10.07 HCF: one hundred cubic feet of water used 1 ½" $20.00 SS: suspended solids (a component of sewage strength or quality) 2" $31.92 4" $59.73 6" $99.46 8" $198.79 Table 3. PROPOSED Four-Year Sewer Service Rate Plan For FY2003/04 through FY2006/07 City of Chula Vista Proposed Four-Year Rate Plan Accounts FY04 FY05 FY06 FY07 FIXED Monthly Service Charges (S/Month) (1) 5/8" 39,541 $6.10 $7.20 $7.45 $7.71 3/4" 733 $6.10 $7.20 $7.45 $7.71 1" 459 $10.07 $11.91 $12.33 $12.76 1 1/2" 458 $20.00 $23.68 $24.51 $25.36 2' 13 $31.92 $37.80 $39. l 2 $40.49 4" 6 $59.73 $70.75 $73.22 $75.79 6" 6 $99.46 $117.82 $121.94 $126.21 8" 2 $198.79 $235.50 $243.74 $252.27 Total Users 41,218 Variable COMMODITY Rates (In Addition To Service Charge S/HCF) Residential: Single Family 37,687 $1.90 $1.99 $2.15 $2.34 Multi-Family 2,036 $1.90 $1.99 $2.15 $2.34 Mobile Homes 12 $1.90 $1.99 $2.15 $2.34 Commercial: Low Strength 1,219 $1.90 $1.99 $2.15 $2.34 Medium Strength 72 $2.29 $2.42 $2.63 $2.87 High Strength 110 $3.78 $4.02 $4.40 $4.85 Golf Club House 3 $2.29 $2.42 $2.63 $2.87 Government 79 $1.90 $1.99 $2.15 $2.34 Special User (2) 0 Varies Varies Varies Varies Total Users 41,218 (1) All single family users are considered to have a 5/8" water meter for service charge purposes. Multi-Family, mobile home and commercial users service charge is based on actual water meter size. (2) Special User rates are determined individually based on their sewage strengths RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE BY RESTRUCTURING THE SEWER SERVICE RATES; AND ADOPTING A FOUR-YEAR SEWER SERVICE RATE PLAN BASED ON THE "WASTEWATER USER AND RATE RESTRUCTURING STUDY,"; AND APPROVING THE TRANSFER OF FUNDS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SEWER SERVICE REVENUE FUND. WHEREAS, in March 2002, the City retained a consultant, PBS&J, to prepare a comprehensive rate restructuring study for the City of Chula Vista ("Wastewater User and Rate Restructuring Study") to develop a rate structure which will would reflect the estimated reasonable cost of providing services related to the Chula Vista sewerage system; and to consider a consumption-based rate structure as requested by single-family residents; and WHEREAS, on June 3, 2003, Council adopted a resolution declaring the City's intention to amend the Master Fee Schedule by updating the existing sewer rate structure; and adopted the "Wastewater User and Rate Restructuring Study"; and WHEREAS, a public hearing was set for July 22, 2003 to consider an amendment to the Master Fee Schedule; and WHEREAS, the Wastewater User and Rate Restructuring Study contains a revised rate structure, which reflects actual consumption of its customers; and WHEREAS, a comprehensive sewer pricing structure review and a long range financed plan was adopted by the City Council on June 3, 2003 to ensure that the cost of sewer service is distributed fairly and equitably among the City's residents, and which is based upon actual consumption; and WHEREAS, a significant number of single-family residents will have a lower service charge based on their consumption and a portion of the user class will also see their overall sewer service charge go up which will reflect their actual usage; and WHEREAS, the City Council determined, based upon the evidence presented at the meeting of June 3, 2003 and July 22, 2003, and the various reports and other information received by the City Council in the course of its business, that the imposition of the amendment to the Master Fee schedule is necessary in order to protect the public safety and welfare in order to ensure effective implementation of the City's General Plan, and WHEREAS, the city Council bas determined that the amount of the fee levied by the Master Fee schedule does not exceed the estimated cost of providing the services as described in the Wastewater User and Rate Restructuring Study; and WHEREAS, the transfer of funds from the Trunk Sewer Capital Reserve Fund to the Sewer Service Revenue Fund is consistent with provisions of the Municipal Code that allows funds to be used for the construction or enlargement of sewer facilities to enhance or increase capacity; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista amends the Mater Fee schedule by restructuring the Sewer Service rates as shown on Table 2 and Table 3, attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED, that the City Council approves the transfer of funds from the Trunk Sever Capital Reserve Fund to the Sewer Service Revenue Fund as provided for in the Municipal Code. Presented by Approved as to fon~ by Clifford Swanson Ann Moore Director of Engineering City Attorney ,l:/atlomey/~cso/sewer/amd master Ike schedule wastewater ITEM 15 Citv of Chula Vista Single Family'Monthly Rate Comparison * HCF Per % of Month a # of Users(b) Usen;© o 1 2 3 4 5 o 0% 2,148 6% 2,145 6% 2,340 6% 2,694 7% _,2,913.,8.:L,,_ . ,~3,!>-3312i¡¡%;t+"> 2,839 8% 2:488 .7%. 2,304 6% 2,0.76 6% 1,682 4% 1,4.71 4% 1,251 3% 1,135 3% 947 3% 6,220 17% 37.687 7 8 9 10 11 12 13 14 15 16+ Average Winter Water Use: 100% Median Winter Water Use: Service Charge Commodity Per Charge Per Combined Month HCF(e) ( 56,10 51.90 56.10 50.00 56.10 522.37 (516.27!~ 56.10 51,90 $7.99 $22,37 ($14.38 56,10 $3,79 $9.89 $22,3.7 ($12,48 56,10 55,69 511.78 522.37 (510.59 56.10 57,58 513.68 522,37 ($8,69 $6,10 $9,48 $15,58 $22,3.7 ($6.79 :;:$:ßl{~iï~:$j1~ªl~~¥;ik~'i1iÆ~i~$.~?:~~fi~{~~º verage 56,10 513.27 519,3.7 522,3.7 ($3,00 U ""'",,'" "Y,:?'}-'TT7' -""'-':>'4"~T?:::7~Y7"""~:, ,- ::-,_' ~, "'''''''''~-"''T-\~7_~:- ~_.,'''',"' $6,1!)f,',;,'L,$J5,17"'.< ::$2);2§t~$2?:3.72Ú"d$1-JJ Median $6,10 $17,06 $23,16 $22,3.7 SO,79, 56,10 518,96 525,06 $22.3.7 52,691 56,10 520,86 $26,95 522,37 54.5~ S6,10 522,75 $28,85 $22,37 S6,4 56,10 524,65 530,74 $22,3.7 58,3 56,10 $26,54 532,64 522,37 510.27] 56,10 528,44 534,54 522,37 512.171 $6,10 528,44 534,54 $22.37 $12.1 Current Difference 6.5 HCF 8 HCF Per account Per account *Table 2,4 of City of Chula Vista Wastewater User and Rate Restructuring Study dated May 2003 ~ COUNCIL AGENDA STATEMENT Item Meeting Date 7/22/03 ITEM TITLE: Public Hearing to consider testimony of the FY 2003/2004 levy and collection of assessments for City Open Space Districts 1 through 9, 15, 17, 18, 20, 23, 24, 26, 31 and 33, Bay Boulevard and Town Centre Maintenance Districts Resolution Ordering certain Open Space and maintenance facilities to be maintained, approving modifications to the Engineer's Reports for FY 2003/2004 and levying assessments for Open Space Districts 1 through 9, 15, 17, 18, 20, 23, 24, 26, 31 and 33, Bay Boulevard and Town Centre Maintenance Districts SUB ,ITTED BY: Director of Engineering C. r4_ REVIEWED BY: City Manager~.~ (4/Sths Vote: Yes No X) The City administers approximately 25 Open Space Districts established over the last thirty years. The Districts provide the mechanism to finance the maintenance of common Open Space areas (canyons, trails, medians, etc.) associated with and benefiting particular developments. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for ongoing and proposed Open Space maintenance. Tonight's action continues that process for FY 2003/2004. The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. On June I0, 2003 Council approved the reports and set a public hearing as required by law for tonight at 6:00 p.m. to take testimony on the proposed assessments. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, and close the hearing; 2) Direct staff to tally all protests; 3) Adopt the resolution to approve modifications to the Engineer's Report and levy assessments for FY 2003/2004; and 4) Authorize staff to determine assessments for FY 2004/2005. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for Open Space maintenance within the City. Table 1 contains the names and locations of the Districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 2003/2004. Following Table 2, there is general information that applies to all Districts. Each District is then analyzed individually. That is followed by a description of the noticing that is required. As a final note, Council should be advised that four individual agenda items containing the same information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1 were separated from this agenda item due to conflict of interest concerns relating to four Council Members. Page Z, Item /~ Meeting Date 7/22/03 Background Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as the "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17.07--Open Space Districts, the City Engineer has prepared and filed annual reports for all existing Open Space Districts. The name and location of each Open Space District is shown in the following table. TABLE 1. O ~ace Districts Within the ' of Chula Vista OSD# Name Location 1 El Rancho del Rey Units 1-4 Bet. East H Street & Tele~aph Canyon Road, east of Pasco Ranchero 2 Lark Haven South and east of Loma Verde Park 3 Rancho Robin_hood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Elevado north of Otay Lakes Road 5 Southbay Villas North end of Crest Drive south of E Street 6 Hilltop Vista Camino Vista Real north of Telegraph Canyon Road 7 Zenith Units 2, 3, and 4 North & south of Palomar, east of 1-805 8 Rancho Robinhood Unit 3 Su~ey Drive southwest of Otay Lakes Road 9 El Rancho del Rey Pasco del Rey, north of Telegraph Canyon Road 10 El Rancho del Rey 6, Casa del Rey West of Pasco Ranchero - H & J Streets 11 Hidden Vista Village East H Street, east of 1-805 14 Bonita Long Canyon North o£ East H Street - Otay Lakes Road & Corral Canyon Road 15 Bonita Haciendas Canyon Drive, east of Otay Lakes Road 17 Bel Air Ridge Northeast of Pasco Ladera & East J Street 18 Rancho del Sur East end of East Naples Street 20 Rancho del Rey North of East H Street, west of Otay Lakes Road 23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road 24 Canyon View Homes Rutgers Avenue, south of East H Street 26 Park Bonita West of the intersection of E Street & Bonita Road 31 Telegraph Canyon Estates North of Otay Lakes Road, west of SR- 125 33 Broadway Business Home Village West side of Broadway - J & K Streets Bay Boulevard Maintenance District Bay Boulevard - E & F Streets Town Centre Maintenance District Third Avenue - E & G Streets Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously approved, adjusting the FY 2002/2003 assessment by an inflation factor. In each case, staffhas set the collectible equal or lower than the proposed assessment for each District. The language in the Engineer's Reports adopted the City for the Open Space Districts and Section 17.07.035 of the Chula Vista Municipal Code states that Maximum Assessment shall be increased or decreased each Fiscal Year by the lesser of(a) the annual percentage change in the San Diego Area Consumer Price Index (CPI) as published by the U. S. Department Labor Bureau of Labor Statistics, or (b) the change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January of each year. The purpose of this provision is to provide a mechanism to adjust the Maximum Assessments by a factor that reflects the changes in the cost of doing business in the San Diego area and to ensure that assessment revenues can keep pace with changes in the cost of providing the maintenance services financed from such revenues. During year 2002, the CPI increased by approximately 4.0 percent, while the California Per Capita Personal Income increased by approximately 1.5 percent. Staff used the California fourth quarter personal income index, which produced the lower figures. Assessment increases equal to or less than the appropriate inflation factor (IF) are not subject to majority protest. Only assessment increases over the iF are subject to majority protest. Page 3, Item /(9 Meeting Date 7/22/03 Assessments & Collectibles Vista Municipal Code Section 17.07.035 also made the distinction between the assessment and the that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2003/2004 are proposed at FY 2002/2003 amounts adjusted by the IF. The collectibles, on the other hand, to or lower than the proposed assessments based on the budget, reserve requirement, savings and balances, including interest earnings and prior years' savings. Under staff's recommendation, none of increases on the Open Space Districts are subject to a majority protest. TABLE 2. Prior FY's vs. FY 2003/2004 Assessments/Colleetibles FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD#/Zone Assmnt/ Collection/ Assmnt/ FY 02/03 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt+IF® EDU EDU 1 $102.03 $97.00 $99.70 $101.20 $101.20 $97.00 $64,194 2 47.34 46.00 46.26 46.95 46.95 45.00 l 1,205 3 324.01 302.00 316.63 321.38 321.38 299.00 37,973 4 342.23 318.00 334.44 339.46~ 339.46 337.00 70,770 5 333.73 282.00 326.13 331.02 331.02 287.00 35,014 6 165.03 110.00 161.27 163.69 163.69 110.00 I7,820 7 115.29 97.00 112.66 114.35 114.35 97.00 10,088 8 526.67 438.00 514.67 522.39 522.39 451.00 49,610 9 149.26 144.00 145.86 148.05 148~05 145.00 55,680 15 314.35 278.00 307.19 311.80 311.80 276.00 15,732 17 150.48 53.00 147.05 149.25 149.25 44.00 2,024 18 355.58 268.00 347.48 352.69 352.69 268.00 116,580 20 (See below) Desilting Basin 54.95 21.74 53.70 54.51 54.51 4.26 Rice Canyon 4.18 4.07 4.08 4.1 z 4.14 4.14 (3) Street 5.95 3.81 5.81 5.90 5.90 4.23 (3) Business Centre 22.13 17.75 21.63 21.95 21.95 21.81 SPA I 333.90 275.27 326.29 331.18 331.18 302.18 (3) SPA II 256.55 134.73' 250.71 254.47 254.47 146.93 SPA III 158.36 127.00 154.76 157.08 157.08 155.35 (3) North Desiltin~ Basin 36.51 35.67 35.67 36.21 36.21 35.44 {3} Telegraph Canyon Channel 28.99 20.68 28.33 28.75 28.75 22.57 23 406.54 418.00 478.84 486.02 486.02 433.00 38,966 24 609.20 485.00 595.33 604.26 604.26 485.00 19,400 26 478.13 365.00 467.24i 474.25 474.25 343.00 6,517 31 493.9] 358.00 482.66 489.90 489.90 362.00 124,890 33 1,220.64 0.00 1,192.84 1,210.73 1,210.73 0.00 Bay Boulevard® 895.77 874.49 875.37 888.50 888.50 881.22 5,631 Town Centre(5) $0.00 0.00 $0.00 N/A $0.100168 0.00 C (t)Represented average residential assessment in SPA I. 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. for all zones included in overall District 20 amount. Boulevard rates based on acres for FY's 2001/2002, 2002/2003 and 2003/2004. Centre rates based on parcel square footage for FY's 2001/2002, 2002/2003 and 2003/2004. Page 4, Item /~ Meeting Date 7/22/03 In general, most budgets have increased due to adjustments in utilities and contract services costs. The increase in utilities is due to projected rate increases and the increase in contract services is due to a cost of living clause on contracts. Savings from prior years are proposed to be used to supplement the property owners' collections to provide the revenue needed for FY 2003/2004 maintenance while retaining reserves between 50%-65% (Municipal Code allows reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners' requests to return as much excess funds as practical. However, occasional higher reserves could be maintained in order to avoid future steep rate increases and/or the need to ballot property o~vners for an increase in the assessment amount when the budget is higher than the collectible. For those Districts where the reserve currently exceeds 50-65%, staff recommends using the savings to offset some of the assessments to give lower collectibles. This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks. Following are summaries of major changes for each District. Pursuant to the ordinance, there is a distinction between the assessment and collectible amount; the assessment, estimated cost and collection will become the same number whenever an assessment increase is necessary. The proposed assessment per Equivalent Dwelling Unit (EDU) for FY 2003/2004 represents, in all cases, the prior year's assessment with the current factor of 1.5% as stipulated in the Municipal Code and stated earlier in this narrative. The assessment per EDU is the figure to be used for informational purposes; the collectible is the amount to be actually collected, from the property owners. The collectible per EDU reflects impacts of reserve requirements, ending fund balances and savings. For a detailed explanation, please see Attachment B. FY 03/04 I Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 1 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU EI Rancho del Rey Units 1-4 $102.03 $97.00 $99.70 $101.20 $101.20 $97.013 $64,194 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $97.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $101.20 per EDU. The budget for this District is $85.05 per EDU. The reserve under this recommendation will be 75%. The General Fund will be reimbursed $8,673 for staff services from the OSD 1 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $64,316 and a total of 661.79 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 2 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU Lark Haven $47.34 $46.00 $46.26 $46.95 $46.95 $45.00 $11,205 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $45.00 per EDU, which is less than the assessment of $46.95 per EDU. Since the budget per EDU of $47.57 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do Page 5, Item ]~ Meeting Date 7/22/03 this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The General Fund will be reimbursed $1,825 for staffservices from the OSD 2 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of$11,187 and a total of 249.00 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 3 Assmnt/ Collectible Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU ' EDU EDU Assmnt+IF(2) EDU EDU Rancho RobinhoodUnits 1 & 2 $324.01 $302.00 $316.63 $321.38 $321.38 $299.00 $37,973 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $299.00 per EDU, which is less than the assessment of $321.38 per EDU. Since the budget per EDU of $361.05 exceeds the collectible amount, staffrecon~nends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 51%. The General Fund will be reimbursed $7,065 for staff services from the OSD 3 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $38,025 and a total of 127.00 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD4 Assnmff Collectible/ Assmntj FY02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF~2) EDU EDU Bonita Ridge $342.23 $318.00 $334.44 $339.46 $339.46 $337.00 $70,770 Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $337.00 per EDU, which is less than the assessment of $339.46 per EDU. The budget for this District is $318.93 per EDU. The reserve under this recommendation will be 49%. The General Fund will be reimbursed $10,320 for staffservices from the OSD 4 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $70,822 and a total of 210.00 EDU's as shown in Attachment B. Page 6, Item Meeting Date 7/22/03 FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 5 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IFt2) EDU EDU SouthbayVillas $333.73 $282.00 $326.13 $331.02 $331.02 $287.00 $35,014 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $287.00 per EDU, which is less than the assessment of $331.02 per EDU. Since the budget per EDU o f $289.72 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 63%. The General Fund will be reimbursed $5,446 for staff services from the OSD 5 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $35,040 and a total of 122.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 DSD 6 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF~2) EDU EDU Hilltop Vista $165.03 $110.00 $161.27 $163.69 $163.69 $110.013 $17,820 Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $110.00 per EDU, which is less than the assessment orS 163.69 per EDU. The budget for this District is $106.45 per EDU. The reserve under this recommendation will be 77%. The General Fund will be reimbursed $2,657 for staff services from the OSD 6 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $17,857 and a total of 162.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04: OSD 7 Assrnnt/ Collectible/ Assmn~/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU ZenithUnits2,3,&4 $115.29 $97.00 $112.66 $114.35 $114.35 $97.00 $10,088 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staffalso recommends a collectible of $97.00 per EDU, which is less than the assessmentof$114.35 per EDU. SincethebudgetperEDUof$107.31 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjustiog the reserve balance. The reserve under this recommendation will be 77%. The General Fund will be reimbursed $1,720 for staff services fi'om the OSD 7 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $10,092 and a total of 104.00 EDU's, as shown in Attachment B. Page 7, Item 1~ Meeting Date 7/22/03 FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 8 Assrrmt/ Collectible/ Assmnt/ FY 02/03 Assnmff Collectible/ Revenue EDU EDU EDU Assmnt+lF12) EDU EDU Rancho Robinhood Unit 3 $526.67 $438.00 $514.67 $522.39 $522.39 $451.00 $49,610 Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $451.00 per EDU, which is less than the assessment of $522.39 per EDU. Since the budget per EDU of $456.25 exceeds the collectible amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 50%. The General Fund will be reimbursed $7,733 for staff services from the OSD 8 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $49,571 and a total of 110.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 9 Assmnt/ Collectible/ Assnmt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU E1Rancho del Rey Units $149.26 $I44.00 $145.86 $148.05 $148.05 $145.00 $55,680 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staffalso recommends a collectible of $145.00 per EDU, which is less than the assessment of$148.05 per EDU. Since the budget per EDU of$172.73 exceeds the collectible amounts, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 58%. The General Fund will be reimbursed $10,221 for staffservices from the OSD 9 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $55,563 and a total of 384.00 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 15 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assnmt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF® EDU EDU Bonita Haciendas $314.35 $278.00 $307.19 $311.80 $311.80 $276.00 $15,732 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staffalso recommends a collectible of $276.00 per EDU, which is less than the assessment of $311.80 per EDU. Since the budget per EDU of $304.96 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 87%. The General Fund will be reimbursed $2,685 for staff services from the OSD Page 8, Item l~ Meeting Date 7/22/03 15 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $15,751 and a total of 57.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 17 Assmnt/ Collectible/ Assmnff FY 02/03 Assrrmff Collectible/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU Bel Air Ridge $150.48 $53.00 $147.05 $149.25 $149.25 $44.00 $1,058 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $44.00 per EDU, which is less than the assessment of $149.25 per EDU. Since the budget per EDU of $84.04 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $596 for staff services from the OSD 17 fund for FY 2003/2004. These figures were calculated based on a net assessment of $2,039 and a total of 46.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 18 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+iF® EDU EDU ~.ancho del Sur $355.58 $268.00 $347.48 $352.69 $352.69 $268.00 $116,580 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $268.00 per EDU, which is less than the assessment of $352.69 per EDU. Since the budget per EDU of $296.50 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 62%. The General Fund will be reimbursed $19,874 for staff services from the OSD 18 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of$116,510 and a total of 435.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 20 Assrnnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assrnnt+IF12) EDU EDU Zone 1 - Desilt Basin $54.95 $21.74 $53.70 $54.51 $54.51 $4.26 Zone 2 - Rice Canyon 4.18 4.07 4.08 4.14 4.14 4.14 (31 Zone 3 - H St. 5.95 3.81 5.81 5.90 5.90 4.23 (31 Zone 4 - Business Centre 22.13 17.75 21.63 21.95 21.95 21.81 Zone 5- SPAI 333.90 275.27 326.29 331.18 331.18 302.18 Zone 6 - SPA II 256.55 134.73 250.71 254.47 254.47 146.93 Zone 7 - SPA III 158.36 127.00 154.76 157.08 157.08 155.35 Zone 8 - North Desiltin~ Basin 36.51 35.67 35.67 36.21 36.21 35.44 (3) Zone 9 - Telegraph Canyon Channel 28.99 20.68 28.33 28.75 28.75 22.57 (3) ~,>Revenue for all Zones included in overall District 20 amount. Total revenue=S214,275 Page 9, Item [ ~, Meeting Date'7/22/03 Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). This District was established in 1989 encompassing all three areas with the understanding that the Open Space improvements would be constructed in phases. Because this is a large District and not all of the items to be maintained have a benefit to the entire District, OSD 20 is made up of several Zones as indicated above. Every property within the District is in more than one Zone. TABLE 3. OSD 20 Typical Combined Assessment (FY2003/2004) SPA I (Zones 1 or 8, 2, 3, & 5) $350 SPA II (Zones 1 or 8, 2, 3, & 6) $320 SPA III (Zones 1 or9, 3, & 7) $175 Business Centre (Zones 1, 2, 3, & 4) * · Industrial (per acre) $993 · Commercial (per acre) $1,248 Staff recommends that the assessments remain the same for each Zone as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. In each of these Zones, staff recommends a collectible which is equal to or below the proposed assessment. The reserves for each Zone vary depending upon the budgets, reserves and amortized costs (see budget worksheet). The reserve requirement for this District is acceptable, pursuant to City Municipal Code. The General Fund will be reimbursed $170,259 for staff services from the OSD fund for FY 2003/2004. Zone 8 was established in July 1994 for the maintenance ofa desilting basin and access road located at the downstream end of the Bonita Drainage Basin. Maintenance work included replacement of the access road every eight years. The developer was required to maintain the basin for five years, after which the City would maintain the basin using funds collected through this zone. Although the City has not yet accepted this facility, the road needs to be rebuilt. Staffrecommends that the City charge the maximum rate in this zone in order to build up a reserve to pay for this work. Construction ora gabion structure in this zone has recently been completed by the developer. It is estimated that this structure will be turned over to the City by the end of FY 2002/2003 or the beginning of FY 2003/2004. If this structure will be turned over to the City by the end of FY 2002/2003, staff will propose a budget amendment for this District. During FY 2001/2002 the Telegraph Canyon Channel was accepted for maintenance by the City after all required approvals were maintained. These costs are included in both Open Space District 20, Zone 9, Open Space District 31 and Eastlake Maintenance District 1 Zone E. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 23 Assmnt/ Collectible/ Assmnff FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+lF42) EDU EDU OtayRio Business Park $406.54 $419.00 $478.84 $486.02 $486.02 $433.00 $38,996 Staff recommends that the assessment remain the same as the amount adopted by Council for FY 2002/2003 in accordance with Resolutions 2002-290 and 2002-291 plus a 1.5% increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $433.00 per EDU, which is less than the assessment of $486.02 per EDU. Since the budget per EDU of $516.97 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this Page 10, Item I~ Meeting Date 7/22/03 because of prior years' savings and by adjusting the reserve balance. The adoption of Resolutions 2002-290 and 2002-291 has resulted in a near threefold increase to the amounts budgeted and expended for maintenance of this District. However, the assessment amount has still been calculated on the same basis that it has been since this District was formed, with only a slight increase in the number of EDU's from 89.17 to 90.06. According to Resolution 2003-246, adopted by Council on June 10, 2003, the reserve under this recommendation was set by staff at 33.4% to ensure that the collectible would remain at or below the assessment amount. However, new figures obtained by staff show a much larger estimated available fund balance for this District. Therefore, staff is revising the reserve to 100%, which will maximize the revenue amount. The General Fund will be reimbursed $7,174 for staff services from the OSD fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $38,984 and a total of 90.06 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations will review the District's budget and reserve in future years in an attempt to lower the budget and determine whether there are additional savings. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 24 Assmnt/ Collectible/! Assmnt/ FY 02/03 AssmntJ Collectible/ Revenue EDU EDU EDU Assmnt+IId2) EDU EDU Canyon View Homes $609.20 $485.00 $595.35 $604.26 $604.26 $485.00 $19,400 Note: OSD 24 consists of only 40 town homes sharing in the cost of large, landscaped slopes adjacent to the town homes. Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $485.00 per EDU, which is less than the assessment of $604.26 per EDU. Since the budget per EDU of $581.75 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 66%. The General Fund will be reimbursed $3,513 for staff services from the OSD 24 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $19,394 and a total of 40.00 EDU's, as shown in Attachment B. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 26 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+lF® EDU EDU ParkBonita $478.13 $365.00 $467.24 $474.25 $474.25 $343.00 $6,519 Staffrecommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $343.00 per EDU, which is less than the assessment of $474.25 per EDU. Since the budget per EDU of $357.79 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 100%. The General Fund will be reimbursed $1,047 for staff services from the OSD 26 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment of $6,519 and a total of 19.00 EDU's, as shown in Attachment B. Page 11, Item Meeting Date 7/22/03 FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 31 AssmntJ Collectible/ Assrant/ FY 02/03 AssmntJ Collectible/ Revenue EDU EDU EDU Assmnt+IF121 EDU EDU Telegraph Canyon Estates $493.91 $362.00 $482.66 $489.90 $489.90 $362,00 $124,890 Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $362.00 per EDU, which is less thanthe assessment of $489.90 per EDU. Since thebudgetper EDUof$341.78 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 73%. The General Fund will be reimbursed $18,169 for staff services from the OSD 31 fund for FY 2003/2004. These figures were calculated on the basis of a net assessment Qf$124,866 and a total of 345.00 EDU's, as shown in Attachment B. From FY 1994/1995 through FY 1999/2000, a minimal amount of improvements were tumed over to the City for maintenance. For FY 1994/1995 through FY 2000/2001, the City collected a minimal amount per EDU due to an excess of available funds. However, in October 2000 a group oftermis courts was turned over to the City for maintenance. Additionally, a portion of Telegraph Canyon Channel maintenance was added for FY 2001/2002. After being large enough in the past to more than offset any expenditures, for FY 2001/2002 the fund balance shrunk to a much smaller figure ($30,091). Thus, for FY 2001/2002 staff requested the collectible of $357.00 per EDU, which only provided a 36% reserve. For FY 2002/2003 staff requested the collectible of $362.00 per EDU, which provided a 50% reserve in light of a projected fund balance of $50,652. According to Resolution 2003-246, adopted by Council on June 10, 2003, the reserve under this recommendation was set by staff at 61% in light of a projected fund balance of $64,427. The collectible would have been $364.00 per EDU. However, new figures obtained by staff show a much larger estimated available fund balance ($79,127) for this District. Staff therefore recommends increasing the reserve to 73%, which would result in a collectible of $362.00 per EDU, the same as in FY 2002/2003. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 33 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assnmt/ Collectible/ Revenue EDU EDU EDU Assrrmt+IF:2) EDU EDU Broadway Business Home Village $1,220.64 $0.00 $1,192.84 $1,210.73 $1,210.73 $0.00 $0 No funds collected since inception. Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. The budget per EDU is $0.00; therefore, staff recommends a collectible of $0.00 per EDU. The reserve under this recommendation will be zero, since no construction is anticipated to be completed during FY 2003/2004. Community Development has requested, since FY 1996/1997, that no funds be collected because no construction has been done on this project. Staff is currently in negotiations with a new developer who plans to construct a multi-use multiple family and commercial development in this area. Staff mas; recommend collecting revenue for FY 2004/2005 or later if funds will be needed to do required Open Space maintenance. Page 12, Item [~ Meeting Date 7/22/03 FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 Assmnt/ Collectible/ AssmntJ FY 02/03 Assmnt/ Collectible/ Revenue Bay Boulevard Acre Acre Acre Assmnt+IF(21 Acre Acre Maintenance District $895.77 $874.49 $875.37 $888.50 $888.50 $881.22 $5,631 This District was reestablished in FY 1999/2000 on the basis of acreage. Staff recommends that the assessment remain the same as FY 2002/2003 plus an increase as set forth in the Municipal Code and as explained herein. Staff also recommends a collectible of $881.22 per acre, which is less than the assessment of $888.54 per acre. Since the budget of $1,789.67 per acre exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 74%. The General Fund will be reimbursed $4,755 for staff services from the OSD Bay Boulevard fund for FY 2003/2004. According to Resolution 2003-246, adopted by Council on June 10, 2003, the reserve under this recommendation was set by staff at 73% in light of an estimated maintenance cost of $11,436 and a projected fund balance of$19,769. The collectible would have been $2.35 per acre. However, new figures obtained by staff show a smaller estimated available fund balance ($14,268) for this District. Stafftherefore recommends adjusting the reserve to 74%, which would result in a collectible similar to last year's figure of $874.49 per acre. These figures were calculated on the basis of a net assessment of $5,63I and a total acreage amount of 6.39, as shown in Attachment B. Since the budget amount exceeds the proposed assessment, Engineering and Public Works Operations staff will review the District's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. There is also a possibility that staff may consider conducting a ballot process next year to increase the assessment amount. FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt] Collectible/ Revenue Town Centre SF SF SF Assmnt+IF(2) SF SF Maintenance District $0.00 0.00 $0.00 N/A $0.100168 0.00 0 On July 24, 2001 Council held a public meeting and tabulated ballots for the establishment of the Downtown Property and Business Improvement District (PBID). This District was to take over the maintenance work previously financed by the Town Centre Landscape Maintenance District (LMD). Since the majority ofthe weighted vote favored the establishment of the PBID, the PBID became effective as of January 2002 and the assessment for the PBID was placed on the tax roll for FY 2001/2002. It was envisioned that the LMD would be dissolved after the new PBID was formed and all expenses associated with the LMD had been determined. Therefore, maximum rates were not adopted for the LMD in FY 2001/2002 and FY 2002/2003. However, in reevaluating the impacts of dissolving the LMD, it was determined that there is some potential long term exposure for the City based on the remote possibility that the current PB1D might not receive sufficient support for reapproval in 2006 for its next five year period. Should the PBID not be reapproved, and if the LMD had been dissolved, there would no longer be a funding mechanism for downtown landscape maintenance. Page 13, Item !~a Meeting Date 7/22/03 Based on this possibility, the Town Centre LMD will be kept open as a "ghost" district. This means that the City will set the maximum assessment amount for the District on an annual basis, even though property owners will not be billed anything on the tax roll. Should the PBID not be reapproved, the Town Centre LMD will be in place and provide the necessary funding mechanism for downtown landscape maintenance. The assessment amount for FY 2003/2004.is based on the last approved assessment amount for this District, which was $0.098688 per square foot of parcel area as adopted for FY 2000/2001. Staffrecommends that the assessment remain the same as FY 2000/2001 plus the 1.5% I~ set forth earlier in this Council Agenda Statement. Annual cost of living increases will be added to this amount beginning with FY 2004/2005. Notice The public hearings were noticed pursuant to Government Code 6061, which requires that notice be published in a newspaper of general circulation (the Star-News) at least 10 days before the public hearing. Plans, specifications, and assessment rolls are on file in the Public Works/Engineering office. FISCAL IMPACT: Engineering, Public Works Operations, Data Processing and Finance generate staff costs associated with the Open Space program. Estimated contractual costs of $738,309 are outlined in Attachment B. These costs are recovered through the OSD collectible, resulting in no net fiscal impact. The total General Fund reimbursement for City staffservices from the above listed OSD funds for FY 2003/2004 is estimated to be $283,732. Attachments: A. District Maps B. Cost Summary J:\engineer\aGENDA\OSDistsA2 FY03-04.doc File: 0725-30-OSD 00 7/16/03 3:31:35 PM ~d~ -~ .... d ........ ......... ~ ~ /~ Rancho del Rey Open Space DMtrict No. 20 AmorlJzed Costs ~,~,,,un~ ~=c--~,. '..:_~ ~r FY 03-64 I '---:_;;-~,,~ Belin $134,618.0~ ~0.00 P-,M;,'~,,~i I~.ln meintenence (eveiy 5 yeers} 2 =Joe C. ,~,~,, ~0.00 ~0.00 ~.u~,,u Am~ - A.C. ove~y md mrlpe (m~my 5 yee~) Trail am~ $1,041.00 $0.00 St~ing am~ msirltanan~e (30 year perl~l) $0.00 $0.;X .... 4 SP^I~,,.~I $52,026.00 $4,0~2.0~ ~lm.,,,,~,t-l~,,mpiacemmlt(30yearpedod) Buslne~ 5 SPA 1 ~,,~=. 2-6 ~166,061.00 $34,617.00 ~,,,~,~'" wMI and monument replacement (30year) 6 ~PA 2 $0.0~ 7 ~PA 3 ~0.(~ $0.00 SPA 3 ama) ~rrsnt rnainlenance in FY 2001/20(/2 I. _Zone I - ~;2S,320 (5 yr~) & ~,700 (# yin) ~ de.il,n; basin Zone 2 - $813 (5 yrs) ~' AC n~ collected. & sta~lization structures n~t collected bey~x~d $ yr~ per Cods; 2. Z~ne 2 & 3 - AmmUzed _ _,>~_. for w.l~ n~ de~ermined. 3. Zone" 6 & 7 - Theme wall/monumentation to be addm:l. h:~me~engineer~genda~OSD 20 amortized costs.xls RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FY 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICTS I THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07; and WHEREAS, as required by ordinance, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June 10, 2003, Council approved the Engineer's reports and set July 22, 2003 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2003-2004 as they compare to the last year are shown in the following table: TABLE 1 PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD#/Zone Assmnt/ Collection/ Assmnt/ FY 02/03 Assnmt/ Collection/Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU 1 $102.03 $97.00 $99.70 $101.20 $101.20 $97.00 $64,19'1 2 47.34 46.00 46.26 46.95 46.95 45.00 11,205 3 324.01 302.00 316.63 321.3~ 321.38 299.00 37,973 4 342.23 318.00 334.44 339.46 339.46 337.00 70,770 5 333.73 282.00 326.13 331.02 331.02 287.00 35,014 6 165.03 110.00 161.27 163.69 I63.69 110.0~ 17,820 7 115.29: 97.00 112.66 114.35 114.35 97.00 10,088 8 526.67 438.00 514.67 522.39 522.39 451.0( 49,610 9 149.26 144.00 145.86 148.05 148.05 145.00 55,68C 15 314.35 278.00 307.19 311.80 311.80 276.00 15,732 17 150.48 53.00 147.05 I49.25 149.25 44.00 2,024 18 355.58 268.00 347.48, 352.69 352.69 268.00 116,5813 20 (See below) Zone 1 - Desilting Basin 54.95 21.74 53.7( 54.51 54.51 4.26 Zone 2 - Rice Canyon 4.18 4.07 4.08 4.14 4.14 4.14 3_ FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 :Y 03/04 OSD#/Zone Assmnt/ Collection/ Assmnt/ FY 02/03 Assmnt/ Collection/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU Zone 3 - H Street 5.95 3.81 5.81 5.90 5.90 4.23 Zone 4 - Business Centre 22.13 17.75 21.63 21.95 21.95 21.81 (31 Zone 5 - SPA I 333.90 275.27 326.29 331.18 331.18 302.18 Zone 6 - SPA II 256.55 134.73 250.71 254.47 254.47 146.93 13) Zone 7 - SPA III 158.36 127.00 154.76 157.08 157.08 155.35 Zone 8 - North Desilting Basin 36.51 35.67 35.67 36.21 36.21 35.44 Zone 9 - Telegraph Canyon Channel 28.99 20.68 28.33 28.75 28.75 22.57 23 406.54 418.00 478.84 486.02 486.02 433.00 38~966 24 609.20 485.00 595.33 604.26 604.26 485.00 19,400 26 478.13 365.00 467.24 474.25 474.25 343.00 6,517 31 493.91 358.00 482.66 489.90 489.90 362.00 124,89t3 33 1,220.64 0.00 1,192.84 1,210.73 1,210.73 0.00 Bay Boulevard® 895.77 874.49 875.37 888.50 888.50 881.22 5,631 Town Centre151 $0.00 0.00 $0.00 N/A $0.100168 0.00 C ~>Represented average residential assessment in SPA 1. r2)Fy 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. 131Revenue for all zones included in overall District 20 amount. t4/Bay Boulevard rates based on acres for FY's 2001/2002, 2002/2003 and 2003/2004. tS)Town Centre rates based on parcel square footage for FY's 2001/2002, 2002/2003 and 2003/2004. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of land to be assessed fi'om the improvement and confirms the diagram and assessment contained in the Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of assessments as proposed in the Engineer's Report for the 2003/2004 fiscal year and set forth hereinabove for Open Space Districts 1 through 9, 15, 17, 18, 20, 23, 24, 26, 31, and 33, Bay Boulevard and Town Centre Maintenance Districts. Presented by Approved as to form by J:\Attorney\reso\Finance\Engineers Report 7 22 03 2 COUNCIL AGENDA STATEMENT Me~ing Date 7/22/03 ITEM TITLE: Public Hearing to consider testimony of the FY 2003/2004 levy and collection of assessments for Eastlake Maintenance District #1. Resolution Ordering certain Open Space and maintenance facilities to be maintained, approving modifications to the Engineer's Reports for FY 2003/2004 and levying assessments for Eastlake Maintenance District #1. SUBMITTED BY: Director ofEngineering f~ REVIEWED BY: City Manager ~1 ~) ¢' (4/Sths Vote: Y~_.No X__..) This is one of four companion agenda items to agenda item ~(~ , which gives all background information and details on Open Space Districts in general which is applicable to thia item, but does not include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1. Based upon the advice of the City Attorney, agenda items [ -'[ , ~d and 2-O have been separated from agenda , item [(,~ due to conflict of interest concerns. One Council member owns prol~tty subject to the proposed assessment in this District. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing; 2) Direct staffto tally all protests; 3) Adopt the resolution to approve the modifications to the Engineer's Report and levying the assessments for FY 2003/2004; and 4) Authorize staff to begin the process of determin/ng assessments for FY 2004/2005. DISCUSSION: · This agenda item is the yearly resolution to assess for Open Space maintenance within Eastlake Maintenance District # 1 (see Attachment A). Table I relates the present year's assessment to the proposed assessment for Fiscal Year 2003/2004. Agenda item of tonight's agenda contains all the general information regarding Open Space Districts. TABLE 1 Prior FY's vs. FY 2003/2004 Assessment/Collectible I FY 03/04 Proposed Proposed Eastlake Maintenance FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 District #1 Assmm/ Collectible~ Assmnt/ FY 02/03 Assnmt/ Collecfibled Revenue ~ EDU EDU EDU Assmnt+IFc2) EDU EDU Zone A -Easflake 1 ~ ~ ~ - - . $6.31 $11.05 $11.22 $11.22 $7.92 eens 18.49 7.91 18.07 18.34 18.34 11.3 ¢ 153.14 2.61 149.65 151.89 151.89 4.12 gone D - Salt Creek I 204.24 119.51 199.59 202.58 P.age 2, Item Mee~ng Date 7/22/03 FY 03/04 Proposed Proposed Eastlake Maintenance FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 Dis~ot #1 Assnmtd Colleetibled Assmnt/ FY 02/03 Assnmff Coll~bled Revenue EDU EDU EDU Assmnt+IF~) EDU EDU Zone E - Telegraph Canyon Chmmel C~) 29.12 18.62 28.45 28.88 28.88 4.45 O) AIl areas ~xe in 1~ cost of Otay Lak~ Road media~ and off=site parkways. Total Reve~ue=$185,986 ~ Portions of Eagdake IBC and Ealalnlro- Greens m'e in benefit aran. Costs vary by parcel due to the various zones, land uses and ~ad traffic generation factors within ELMD 1. Sta~HIH~ th~t th~ a~.~sn~l~L~ fo~ each oftbe areas rem~ the same as FY 2002/2003 plus an increase of 1.5% as set forth in tbe Municipal Code and as exphined in tbe narrative for ageada item oftonight's agenda. Staffrecommends an aoaual collectible, as shown in Table 1, which is below the assessment amount for each zone. The reserve for Zone E is at 63.51%. A reserve between 80% and 100% was used for Zones A, B, C ~md D to mlnlmiTe futla~e inca'eases. Olympic Training Center On December 17, 1996, City Council, by Resolution 18528, ~uinoved an agreement to allow the ARCO Olympic Training Center to coufiuae maintmlanCe of Wunste Road landscape ;"'l'~ovemeets. Incorporated in thin agree-m~ are sa~feg~mrds to ensm~ maintenance is performed to City standards. There are indemnity provisions for both parties for use of paths along Wueste Road. However, OTC turned over to the City maintenance of a median on Olympic Parkway. Staffrecxa,,i, ,ends sett~g the colleet~ole for Zone C at $2.61 per EDU. OTC is con-ently maintain~g Wuaste Road slopes through a landscape malntc~aance f~m that p~,furms services within the Training Center at a price lower than a typical City solicited price. Landscape opportunities such sites can provide. The proposed assessment was developed on the basis of the City maintaining all Wneste Road landscape :,,~,~ovements. Maintenance of an infiltration basin located at Wuaste Road and Olympic Parkway is also included in Zone C. According to the January 16, 1996 maintenance agreement signed by the Cities of Chula Vista and San Diego, the U. S. Olympic Committee, and Eastiske, the malntemmcx costs ofthis basin would be included in Zone C a~er a three-year maintan~ce period by Enstlake and accoptan~ by the City. Tbe ~teaa~x period bas expired without any action taken by Eastiske to maintain the basin; additionally, flows from the Eastlake Woods and Vistas developments also discharge into thin basin. Since it would not be aiOl~Up~hte to have Zone C pay all maintenance costs under these circum.~tances, City staffhas deferred acceptance oftbe basin until a new special district has been formed for Eastlake Woods and Vistas which would include a portion of these costs and the basin has been brought up to City standards. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations staff will review the District's bndget and reserve in future years in an attvmlot to lower the budget and determine Because thin District was formed as a result of a 100% petition by the landowners and the assessment is not being raised above the CPI, as provided for in the assessment fommla, thin Diatrlct is ex~ot from the provisions of Proposition 218. Page 3, Item ! ] Meeting Date 7/22/03 FISCAL IMPACT: Staffcosts associated with the Open Space program are generated by Enginc-v~h,g, Public Works Operations, Data Processing and Finance. Contractual costs are $106,939, as shown in Attaclunent B. These costs are recovered through the Open Space District collect~le, causing no net fiscal ' .,m!~'t. The C_,enem-al Fund w~l be reimbursed $41,879 from the Open Space District fund for City staff services for FY 2003/2004. Attachments: A District Map B Estimate of Cost $:~VGII'qI~c~AGENDA~O SDEL.,,Vfl~ 1 A2 FY03/04.TOM. doc 0725-30 OSD 10 RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FY 2003/2004 AND LEVYING ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT #1 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07; and WHEREAS, as required by ordinance, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June 10, 2003, Council approved the Engineer's reports and set July 22, 2003 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2003-2004 as they compare to the last year are shown in the following table: TABLE 1 PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE FY 03/04 Proposed Proposed Eastlake Maintenance FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 District Itl Assmnt/ Collectible/ Assmntd FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt+IF(2) EDU EDU Otav Lakes Roa&0 o) Zone A -Eastlake 1 $ i 1.31 $6.31 $11.05 $11.22 $11.22 $7.92 13) Zone B - Eastlake Greens 18.49 7.91 18.07 18.34 18.34 11.36 ol Zone C - Olympic Training Center 153.14 2.61 149.65 151.89 151.89 4.12 13) Zone D - Salt Creek I 204.24 119.58 199.59 202.58 202.58 163.83 r~l Zone E - Telegraph Canyon Channel 12/ 29.12 18.62 28.45 28.88 28.88 4.45 (3) m All areas share in the cost of Otay Lakes Road r~edians and off-site parkways. Total Revenue-S185,986 /21 Portions of Eastlake IBC and Eastlake Greens are in benefit area. ~31 Revenue for all Zones included in overall Eastlake Maintenance District amount. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of land to be assessed from the improvement and confirms the diagram and assessment contained in the Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of /7- 7 assessments as proposed in the Engineer's Report for the 2003/2004 fiscal year and set forth hereinabove for Eastlake Maintenance District #1. Presented by Approved as to form by Clifford Swanson c Ann I~oo~¥ ~ ~ Director of Engineering '~A'itomey J:~AttomeyXreso\Finance\Engineers Report Eastlake #1 7 22 03 COUNCIL AGENDA STATEMENT ' Item Meeting Date 7/22/03 ITEM TITLE: Public Hearing to consider testimony of the FY 2003/2004 levy and collection of assessments for Open Space District 10. Resolution Ordering certain Open Space and maintenance facilities to be maintained, approving modifications to the Engineer's Reports for FY 2003/2004 and levying assessments £or Open Space District SUBMITTED BY: Director o f Engineering~,~C REVIEWED BY: City Managerial>,''~ (4/5ths Vote: Yes No X) This is one of four companion agenda items to agenda item !(¢', which gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1. Based upon the advice of the City Attorney, agenda items l '-] , l ~ , [~ and '~.~) have been separated from agenda item ] ~ due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this District. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing; 2) Direct staff to tally all protests; 3) Adopt the resolution to approve the modifications to the Engineer's Report and levying the assessments for FY 2003/2004; and 4) Authorize staff to begin the process of determining assessments for Fy 2004/2005. DISCUSSION: This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District 10, located along East J Street west ofPaseo Ranchero (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Fiscal Year 2003/2004. Agenda item of tonight's agenda contains all the general information regarding Open Space Districts. TABLE 1 Prior FY's vs. FY 2003/2004 Assessment/Collectible FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 10 AssmnU Collectible/ Assmnt/ FY02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt +CPI(~) EDU EDU El Rancho del Rey 6 & Casa del Rey $100.72 $94.00 $98.43 $99.91 $99.91 $94.00 $61,887 (t)FY 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. Page 2, Item Meeting Date 7/22/03 Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously approved, adjusting the FY 2002/2003 figure by a factor of 1.5% as calculated in the manner set forth in the Municipal Code and explained in the narrative for agenda item of tonight's agenda. Staff also recommends a collectible of $94.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $99.91 per EDU. Note that the collectible in FY 2003/2004 will be the same as in FY 2002/2003. Since the budget per EDU of $ ! 02.73 exceeds the collectible amount, staffrecommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 71%. These figures were calculated on the basis of a net assessment of $62,155 and a total of 658.37 EDU=s, as shown in Attachment B. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations staff will review the District's budget and reserve in future years in an attempt to lower the budget and determine if additional savings can be finalized. Because this District was formed as a result ofa 100% petition by the landowners and the assessment is not being raised above the CPI, as provided for in the assessment formula, this District is exempt from the provisions of Proposition 218. FISCAL IMPACT: Staff costs associated with the Open Space program are generated by Engineering, Public Works Operations, Data Processing and Finance. Contractual costs are $32,961, as shown in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $10,422 from the OSD 10 fund for City staff services for FY 2003/2004. Attachments: A District Map B Estimate of Cost J :\ENGINEER~AGENDA\OS D I 0A2FY03/04.doc 0725-30 OSD 10 Z RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS FOR FY 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICT 10 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to Article 4, Chapter 1, Part 2 of Division i5 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07; and WHEREAS, as required by ordinance, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June 10, 2003, Council approved the Engineer's reports and set July 22, 2003 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2003-2004 as they compare to the last year are shown in the following table: TABLE 1 PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 10 Assmntd Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt +CPI(~1 EDU EDU E1 Rancho del Re¥ 6 & Casa del Re¥ $100.72 $94.00 $98.43 $99.91 $99.91 $94.00 $61,887 (~)FY 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of land to be assessed from the improvement and confirms the diagram and assessment contained in the Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of assessments as proposed in the Engineer's Report for the 2003/2004 fiscal year and set forth hereinabove for Open Space District 10. Presented by Approved as to form by it~y At~re Clifford Swanson (~ Director of Engineering omey ,l:\Attomey\reso\Fhmnce\Engineers Report OSD l0 7 22 03 COUNCH, AGENDA STATEMENT Meeting Date 7/22/03 ITEM TITLE: Public Hearing to consider testimony of the FY 2003/2004 levy and collection of assessments for Open Space D/str/ct 11. Resolution Ordering certain Open Space and maintenance facilities to be maintained, approving modifications to the Engineer's Reports for FY 2003/2004 and levying assessments for Open Space District 11. SUBI$~i'I'I'ED BY: Director of Engineetia~;',~ REVIEWED BY: City Managerial v~ (4/5ths Vote: Y~..No X~.) This is one of four companion agenda items to agenda item [{~ , which gives all background information and details on Open Space Districts in general which is applicable to this item, but does not include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1. Based upon the advice ofthe City Attorney, agenda items [~ , [~ , /? and '~O have been separated ~om agenda item ~ ~ due to conflict ofinterest concerns, one Council member owns property subject to the proposed assessment in this District. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing; 2) Direct staffto tally all protests; 3) Adopt the resolution to approve the modifications to the Engineer's Report and levy~g the assessments for FY 2003/2004; and 4) Authorize staffto begin the process ofdetermlning assessments for FY 2004/2005. DISCUSSION: This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District I 1, located along East H Street between 1-805 Freeway and Del Rey Boulevard (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Fiscal Year 2003/2004. Agenda item of tomght's agenda contains all the general information regarding Open Space D~stricts. TABLE 1 Prior FY's vs. FY 2003/2004 Assessment/Collectible FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 11 Assmat] Collectible Assmnt/ FY 02/03 Assmnt] Collectible/ Revenue EDU EDU EDU A~mm +CPI(l) EDU EDU H~,ia~,, VistaVilla~ $101.93 $99.00 $99.61 $101.10 $101.10 'h~T 2003/2004 ~ $100.00 $132,103 essment may be set at or below this cap without being subject to a majority protest. Page 2, Item __ Meeting Date 7122/03 Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously approved, adjusting the FY 2002/2003 figure by a factor of 1.5% as calculated in the mann~l' s~ forth in the Municipal Code and explained in the narrative for agenda item of tonight's agenda. Staff also recommends a collect~le of $100.00 per Equivalent Dwelling Unit (EDlff), which is less than the assessment of $101.10 per EDU. The budget for this District is $98.88 per EDU. The reserve under this recommendation will be 74%. These figures were calculated on the basis ora net assessment orS 132,564 and a total of 1,321.03 EDU's, as shown in Attachment B. Because this District was formed as a result ora 100% petition by the landowners and the assessment is not being raised above the CPI, as provided for in the assessment formula, this District is exempt from the provisions of Proposition 218. FISCAL IMPACT: Staff costs associated with the Open Space program are generated by Engineering, Public Works Operations, Data Processing and Finance. Contractual costs are $47,257, as shown in Attachment B. These costs are recovered through the Open Space District collect~ole, causing no net fiscal imp~t. The General Fund willbe reimbursed $20,127 from the OSD 11 fund for City staff services for FY 2003/2004. Attachments: A District Map B Estimate of Cost J:~ENGII~IEER~AGENDA~OSD 1 lA2 FY03/04.doc 0725-30 OSD 11 RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACiLITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGiNEER'S REPORTS FOR FY 2003/2004 AND LEVYiNG ASSESSMENTS FOR OPEN SPACE DISTRICT 11 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as dscaplng and Lighting Act of 1972 and Chula Vista Municipal Code Chapter 17.07; and WHEREAS, as required by ordinance, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June I0, 2003, Council approved the Engineer's reports and set July 22, 2003 as the date for the public heating; and WHEREAS, the proposed assessment for Fiscal Year 2003-2004 as they compare to the last year are shown in the following table: TABLE 1 PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTIBLE FY 03/04 Proposed Proposed I FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD I1 Assmnt/ Collectible/ Assmnt/ FY 02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt +CPI(~) EDU EDU Hidden Vista Villa~e $101.93 $99.00 $99.61 $101.10 $101.10 $100.00 $132,103 (~/FY 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of land to be assessed from the improvement and confirms the diagram and assessment contained in the Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of assessments as proposed in the Engineer's Report for the 2003/2004 fiscal year and set forth hereinabove for Open Space District 11. Presented by Approved as to form by CDliir e cS;dr So fw~nne ering '~y AtTo°i~ey ~ ,15Altomey\reso\Finance\Engineers Report OSD I I 7 22 03 2 COUNCIL AGENDA STATEMENT Item c~ Meeting Date 7/22/03 ITEM TITLE: Public Hearing to consider testimony of the FY 2003/2004 levy and collection of assessments for Open Space District 14. Resolution Ordering certain Open Space and maintenance facilities to be maintained, approving modifications to the Engineer's Reports for FY 2003/2004 and levying assessments for Open Space District 14. SUBMITTED BY: Director of Engineering~:~ REVIEWED BY: City Manage 0 ? (4/Sths Vote: Yes_No X ) This is one of four companion agenda items to agenda item } ~, which gives all background information and details on Open Space Districts in general which are applicable to this item, but does not include specific information on Open Space Districts 10, 11 and 14 and Eastlake Maintenance District #1. Based upon the advice of the City Attorney, agenda items 1 7, I ~, ?c] and ~O have been separated from agenda item i ~ due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this District. RECOMMENDATION.. That Council: 1) Open the hearing, take testimony, close the hearing; 2) Direct staff to tally all protests; 3) Adopt the resolution to approve the modifications to the Engineer's Report and levying the assessments for FY 2003/2004; and 4) Authorize staff to begin the process of determining assessments for Fy 2004/2005. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District 14, located along the north and south of Country Vistas Lane (see Attachment A). Table 1 relates the present year's assessment to the proposed assessment for Fiscal Year 2003/2004. Agenda item of tonight's agenda contains all the general information regarding Open Space Districts. TABLE 1 Prior FY's vs. FY 2003/2004 Assessment/Collectible FY 03/04 Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD14 Assmnt/ Collectible/ Assmnt/ FY02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assrnnt -~CPI(u EDU EDU Bonita Long Canyon $327.66 $279.00 $320.19 $324.99 $324.99 $281.00 $245,414 (uFY 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. Page 2, Item Meeting Date 7/22/03 Staff proposes for FY 2003/2004 that the assessment be kept within that amount previously approved, adjusting the FY 2002/2003 figure by a factor of 1.5% as calculated in the manner set forth in the Municipal Code and explained in the narrative for agenda item of tonight's agenda. Staff also recommends a collectible of $281.00 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $324.99 per EDU. Since the budget per EDU of $338.39 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds arc available to do this because of prior years' savings and by adjusting thc reserve balance. The reserve under this recommendation will be 67%. These figures were calculated on the basis of a net assessment of $245,234 and a total of 873.36 EDU's, as shown in Attachment B. Because the budget exceeds the proposed assessment, Engineering and Public Works Operations staffwill review the District's budget and reserve in future years in an attempt to lower the budget and determine if additional savings can be realized. Because this District was formed as a result of a 100% petition by the landowners and the assessment is not being raised above the CPI, as provided for in the assessment formula, this District is exempt from the provisions of Proposition 218. FISCAL IMPACT: Staff costs associated with thc Open Space program are generated by Engineering, Public Works Operations, Data Processing and Finance. Contractual costs are $122,729, as shown in Attachment B. These costs are recovered through the OSD 14 collectible, causing no net fiscal impact. The General Fund will be reimbursed $45,538 from the Open Space District fund for City staff services for FY 2003/2004. Attachments: A District Map B Estimate of Cost J:\ENGINEER~AGENDA\OSD 14A2 FY03/04,doc 0725-30 OSD 14 RESOLUTION NO.2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROViNG MODIFICATIONS TO THE ENGiNEER'S REPORTS FOR FY 2003/2004 AND LEVYING ASSESSMENTS FOR OPEN SPACE DISTRICT 14 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07; and WHEREAS, as required by ordinance, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June 10, 2003, Council approved the Engineer's reports and set July 22, 2003 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2003-2004 as they compare to the last year are shown in the following table: TABLE 1 PRIOR FY'S VS. FY 2003/2004 ASSESSMENT/COLLECTI]3LE FY 03/04 I Proposed Proposed FY 01/02 FY 02/03 FY 02/03 CAP: FY 03/04 FY 03/04 FY 03/04 OSD 14 Assmnt/ Collectible/ Assmnt/ FY02/03 Assmnt/ Collectible/ Revenue EDU EDU EDU Assmnt +CPI(1) EDU EDU Bonita Long Canyon . $327.66 $279.00 $320.19 $324.99 $324.99 $281.00 $245,414 I~)Fy 2003/2004 assessment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of land to be assessed from the improvement and confirms the diagram and assessment contained in the Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of assessments as proposed in the Engineer's Report for the 2003/2004 fiscal year and set forth hereinabove for Open Space Districts 14. Presented by Approved as to form by Clifford Swanson _Ann..~/°ore ~) Director of Engineering C~ty Attorney J:\Attomey\rcso\FinanceXEngmeers Report OSD 14 7 22 03 2 COUNCIL AGENDA STATEMENT Item: c'~-.I Meeting Date: 07/22/03 ITEM TITLE: RESOLUTION AMENDING THE FY04 FIRE DEPARTMENT BUDGET BY ADDING THREE FIRE CAPTAINS, THREE FIRE ENGINEERS AND THREE FIREFIGHTERS, APPROPRIATING $750,510 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR STAFFING AND RELATED COSTS AND $63, 500 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR START UP EQUIPMENT; AND AMENDING THE FY05 SPENDING PLAN BY INCREASING THE FIRE DEPARTMENT'S BUDGET BY $381,815 SUBMITTED BY: Fire Ch'~ City Manager ~-~ ?~' (4/Sths Vote: Yes X No ) REVIEWED BY: r At the Council budget workshop of June 9, 2003, the City Council stressed the urgent need to place the second ladder truck in service. The truck would be located at the Otay Ranch Fire Station. The Fire Department was tasked with examining fire staffing and training issues to determine the earliest possible in- service date. The ladder truck is currently budgeted to be in operation in December 2004. This resolution will place the ladder truck in-service one year earlier on December 12, 2003. BOARDS/COMMISSIONS RECOMMENDATION: N/A RECOMMENDATION: That Council amend the FY04 budget by adding three captains, three engineers and three firefighters, appropriate an additional $718,010 for personnel services and $32,500 for training, overtime and services from the available balance of the General Fund and appropriate $63,500 for start up supplies and services from the available balance of the Public Facilities Development Impact Fee Fund.' Amend the FY05 spending plan by increasing the Fire Department's personnel budget by $337,215 and the supply and service budget by $44,600. Since there are no offsetting revenues identified to cover these increased expenditures it is anticipated these costs will be borne by the available balance of the General Fund. DISCUSSION In September, a new fire station will open in Village II of Otay Ranch. Fire Station 7 currently under construction at the intersection of Santa Venetia and La Media, will serve the fast growing neighborhoods of Otay Ranch and eastern Chula Vista. When completed, the 13,775 square foot state of the art fire station will include four bays and house a fire engine (pumper) and the second ladder truck. The Station will initially be staffed with three captains, three engineers and three firefighters, which will operate a fire engine (pumper) in September 2003. An additional three of each position are budgeted in the FY04/05 budget (note: the other three firefighters needed for the Ladder Truck will be moved from the Telesquirt at station 4) to staff the ladder truck. At the City Council budget workshop of June 9, 2003, Council stressed the urgent need to place the second ladder truck in-service at the earliest possible date. Currently, the City has one ladder truck located at Station 1 in the western part of the City. The second ladder truck would better meet service levels, improve firefighter safety and response times in eastern Chula Vista. Ladder trucks are critical for providing special equipment and operations during structure fire incidents. The special equipment and operations help limit the amount of fire damaged and property loss, as well as provide for a safer firefighting environment. During the budget workshop, the Fire Chief shared budget and engineer certification/training concerns that posed a challenge in accelerating the in- service date for the second ladder truck. After an in depth review of staffing and training issues, the Fire Department is pleased to present a revised implementation schedule which will meet Council's direction without compromising the quality of the engineer certification process. The revised implementation schedule will place the second ladder truck in-service on December 12, 2003. Members of Fire Management and the IAFF Executive Board developed the proposed implementation plan in a collaborative effort to meet Council's direction. Two vital components impact the in-service date: staffing/training and outfitting of the Ladder Truck. The following is a summary of the proposed plan: Staffin~llTrainin~l New Hires - Staffing of the second ladder truck will require the hiring of 9 new positions: three captains, three engineers and three fire fighters. As a result nine new firefighters will need to be hired for a fire academy to begin on October 17, 2003. As a result interviews and backgrounds will be complete between July and September. The academy is 8 weeks in duration. At completion the firefighters will be able to begin 24-hour shift work on December 12, 2003. A detailed hiring scheduled is attached. Engineer Certifications - As mentioned at the Council budget workshop, sufficient engineers must be certified in order to staff the second ladder truck. Staff has developed an implementation schedule that will facilitate the certification of enough engineers without lowering standards. Nine engineers are anticipated to test in August. Five will be promoted to fill openings on the new fire engine for the Otay Ranch Fire Station 7. The remaining individuals on the list may fill positions on the second ladder truck. A second engineers test will be conducted in October. It is anticipated that an additional 4 individuals will certify. As a result of the high response for the August test and the anticipated readiness for the October test, we do not anticipate there will be any problems in certifying enough engineers to staff the ladder truck on December 12, 2003. All Wheel-Steer Training - The new ladder truck is equipped with an All Wheel- Steer component to facilitate travel through tight turns and narrow driveways. However, the All Wheel-Steer component is not necessary for daily travel. Therefore that component will not be in operation until all engineers have received the mandatory training. It is anticipated that the All Wheel-Steer 30- hour training of engineers will be conducted in-house within a 6 months period. Promotions - A Captain's exam has recently been conducted and the results have been announced. The engineer's exam will be conducted in early August. As mentioned before, we anticipate nine candidates will be certified and ready to take the test. The test will consist of the four dimensions as in the past (driving, pumping, aerial and written). Ladder Truck - The second ladder truck was pumhased during the FY02-03 fiscal year and arrived in early May of this year. The ladder truck will be completely outfitted by November 30, 2003 and ready to be put in-service on December 12, 2003~ ProRram Costs The total program costs are estimated at $814,010 for FY 2003-04. The following is a summary of projected costs associated with staffing the ladder truck for an in-service date of December 1, 2003. · Staffing Costs- Based on a hire date of October 17th, the salary and benefit cost for adding nine new positions (3 Captains, 3 Engineers and 3 Firefighters) to the Fire Department is $572,360. An additional $145,650 is required for minimum staffing overtime. The minimum staffing overtime includes a one-time cost of $20,650 for the two-week period required to be backfilled with overtime while an additional two engineers become certified. The total personnel costs are $814,010 for fiscal year 2003-04. · Uniforms & Equipment- Necessary uniforms, breathing apparatus and firefighting equipment for new and promoted firefighting personnel will be ordered by September 15. The total cost is estimated at $50,400 for uniforms and related equipment. The ongoing uniform and equipment replacement costs are $34,200. · Training- An additional $42,100 is needed for books, materials, and additional Telestaff licenses and overtime to conduct a second academy this fiscal year. The ongoing training cost is $10,400. ALTERNATIVES In addition to the proposal outlined above, various alternatives were developed in light of the potential State impact on the City's budget. The following is a summary of alternative implementation dates developed with the assistance of the City Mangers Office: OPERATIONAL HIRE FY03-04 FY04-05 TOTAL OPTION DATE DATE COST COST COST 2 February 04 December 03 $664,125 $335,550 $999,675 3 Mamh 04 January 04 $603,075 $335,880 $938,955 4 June 04 April 04 $412,300 i $328,890 $741,190 5 September 04 July 04 $0 $323,890 $323,890 Option 2 delays the in-service date for the ladder truck until February 2004. The proposal assumes full staffing and certification of 11 engineers, in comparison with the proposed implementation plan, this proposal eliminates the need to pay overtime for 2 engineers for one pay period (two-weeks) saving $20,650 for overtime in addition to staff savings. As mentioned in the proposed implementation plan a total of 9 engineers are anticipated to acquire certification in August. A total of eleven engineers are required to fully staff the fire engine and ladder truck planned for Fire Station 7. A second test will be conducted in October to fill the remaining two vacancies. The two certified engineers would be hired on December 26, 2003. Delaying the in-service date to February 2004 results in a personnel cost savings of $149,885 in comparison to the proposed recommendation. Option 3 delays the in-service date for the ladder truck until March 2004 resulting in a savings of $210,940 in comparison with the proposed implementation plan. The proposal assumes full staffing and certification of 11 engineers. Option 4 delays the in-service date for the ladder truck until June 2004 resulting in a savings of $401,715 in comparison with the proposed implementation plan. Similar to options 1 & 2 the proposal assumes full staffing and certification of engineers. Option 5 delays the in-service date to July 2004 adding an additional cost of $323,893 for personnel services in FY04-05. The ladder truck is currently budgeted for an in-service date of September 2004. FISCAL IMPACT Changing the in-service date from September 2005 to December 2003 will result in a fiscal impact of $814,010 for FY 2003-04 and $337,213 for FY 2004-05. ^ total of $63,500 is eligible for DIF reimbursement resulting in a net impact to the general fund of $750,510 in FY 2003-04 and $337,215 for FY 04-05. Since there are no offsetting revenues identified to cover these increased expenditures it is anticipated these costs will be borne by the available balance of the General Fund. As a result of these actions it is anticipated that the General Fund reserves will be reduced by $1,151,225. There is no ongoing fiscal impact after September 2004 because staffing costs were included the adopted budget and spending plan. The following is a summary of costs for the proposed plan and options discussed in the agenda statement. RECOMMENDATION PROPOSED OPERATIONAL HIRE FY03-04 FY04-05 TOTAL IMPLEMTATION DATE DATE COST COST COST PLAN 1 December 03 Oct 03 $814,010 $337,215 $1,151,225 ALTERNATIVES OPERATIONAL HIRE FY03-04 FY04-05 TOTAL OPTION DATE DATE COST COST COST 2 February 04 December 03 $664,125 $335,550 $999,675 3 tv;,~h 04 January 04 $603,075 $335,880 $938,955 4 June 04 April 04 $412,300 $328,890 $741,190 5 September 04 July 04 $0 $323,890 $323,890 RESOLUTION. NO. 2003- RESOLUTION AMENDiNG THE FY04 FIRE DEPARTMENT BUDGET BY ADDING THREE FIRE CAPTAINS, THREE FIRE ENGINEERS AND THREE FIREFIGHTERS, APPROPRIATING $750,510 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR STAFFING AND RELATED COSTS AND $63,500 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR START UP EQUIPMENT; AND AMENDiNG THE FY05 SPENDiNG PLAN BY INCREASING THE FIRE DEPARTMENT'S BUDGET BY $381,815 WHEREAS, At the Council budget workshop of June 9, 2003, the City Council stressed the urgent need to place the second ladder truck in service, and, WHEREAS, The Fire Department was tasked with examining fire staffing and training schedules to determine the earliest in service date; and, WHEREAS, The ladder truck is currently budgeted for an in-service date of September 2004 and the Fire Department is recommending a new in-service date of December 12, 2003; and, WHEREAS, Currently, the City has one ladder truck located at Station 1 in the western part of the City. The second ladder truck would better meet service levels, improve firefighter safety and response times in eastern Chula Vista. WHEREAS, A ladder truck is critical for providing ventilation in a structure fire situation. Ventilation helps prevent the amount of fire damage and the spreading of the fire to adjacent structures. WHEREAS, Staffing of the second ladder truck will require the hiring of nine new positions: .three captains, three engineers and three fire fighters. WHEREAS, Based on a hire date of October 17th, the salary and benefit cost for adding nine new positions (3 Captains, 3 Engineers and 3 Firefighters) to the Fire Department is $572,360. An additional $145,650 is required for minimum staffing overtime. WHEREAS, The total cost is estimated at $53,900 for uniforms and related equipment. WHEREAS, An additional $42,100 is needed for books, mater/als and additional Telestaff licenses and overtime to conduct a second academy this fiscal year. WHEREAS, there are no offsetting revenues identified to cover these increased expenditures and the anticipated costs will be borne by the available balance of the General Fund. NOW, THEREFORE, BE IT RESOLVED amend the FY04 budget by adding three captains, three engineers and three, appropriate an additional personnel services and $32,500 for training overtime and services from the available balance of the General Fund and appropriate $63,500 for start up supplies and services from the available balance of the Public Facilities Development Impact Fee Fund. Amend the FY05 spending plan by increasing the Fire Department's personnel budget by $337,215 and the supply and service budget by $44,600. Since there are no offsetting revenues identified to cover these increased expenditures it is anticipated these costs will be borne by the available balance of the General Fund. Presented by: Approved as to form by: Douglas A. Perry Ann Moore Fire Chief City Attorney J;/attomey/Reso/ladder staffing/reso Page 1, Item: ~ Meeting Date: 7/22/03 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution approving an individual Park Master Plan and Neighborhood Park Name for Park P-1 neighborhood park of Otay Ranch, Village 11. SUBMITTED BY: Director of General Services Departm~[~ ~ .c~ me_ Director of Public Work~erations,~× Director of Recreationf~ ~ ~, c,~ INTRODUCTION: The Brookfield shea Otay~ ~"-"~LaL~' is requesting approval ora public neighborhood Park Master Plan and park name for park P-1 located in Village 11. STAFF RECOMMENDATION: That City Council adopt a resolution approving the Park Master Plan and park name "Windingwalk Park" for the 7.0 net acre public park site located in Otay Ranch Village 11. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission at their regular meeting, held on June 19, 2003, voted to recommend approval of the Draft Park Master Plan for the 7.0 net acre public neighborhood park site in the Otay Ranch Village Eleven project and approval of the park's name "Windingwalk Park". DISCUSSION: Park Context/History The proposed public neighborhood park site is located in Otay Ranch Village 11, which is govemed by the Otay Ranch General Development Plan (GDP) and the Village 11 Specific Planning Area (SPA). The Otay. Ranch GDP, adopted in October 1993, is based on a neo-traditional concept where each village contains a central focus, either a village square or main street. The P- 1 park site in Village I 1 is the only public neighborhood park within the Village. The Village 11 SPA plan, approved in October 2001, identifies the neighborhood park within the Village 11 village core area. The park's location is consistent with the central focus theme associated with the neo-traditional concept. The Otay Ranch Village 11 SPA Parks, Recreation, Open Space and Trails Master Plan envisioned its neighborhood park as providing a variety of recreational experiences including court facilities, Page 2, Item: ~ Meeting Date: 7/22/03 multi purpose field, picnic areas, tot lot area and onsite parking. The master plan is consistent with the program elements identified in the Parks, Recreation, Open Space and Trails Master Plan. Park Programming The Landscape Architect consultant (Schmidt Design Group) met with City staff and Brookfield Shea Otay Company on numerous occasions to review altemate design schemes for the park site. The following is a general description of the proposed Master Plan, (see Attachment B.) The P-1 neighborhood park is a 7.0 plus net acre site located north and east of the intersection of Windingwalk Street and Exploration Falls Drive. To the west of the park (across Exploration Falls Drive) is the future Village 11 Elementary School site. To the east of the park site is the San Diego Gas & Electric and San Diego County Water Authority easement, which serves as an open space backdrop for the park site. A multi-family project (R-22) is to be situated north of the park at an approximate elevation of 10 to 20 feet higher than the park. Single-family residences (R-11) are proposed to be located south of Windingwalk Street and the park. The park's recreational facilities include: one softball field with one overlaid multi-purpose turf area (suitable for soccer activity), children's play area with accessible play equipment, picnic facilities, a basketball court (lighted), a tennis court (lighted, budget permitting), skate component, pedestrian walkways and paths, a comfort station, on-site parking, and pedestrian and security lighting. The children's play area is situated in the northern portion of the park. Two separate play equipment areas for 2-5 year-olds and 5- 12 year-olds are provided. Picnic facilities located at the park include three group picnic areas (two shade structures with option to shade third group area). Additional picnic tables are situated along the north area of the park. A majority of the park site is planted with turf. A perimeter pathway surrounding the multi-purpose turf area reinforces pedestrian circulation through the site. Additional park components to be located at the site include drinking fountains, primary trash enclosure area, trash receptacles, informational and safety signage, and pet waste pick-up stations. The comfort station is conveniently located adjacent to the parking lot with proximity to the tot lot and picnic areas. The floor plan of the comfort station responds to the park's budget by providing the minimum facilities considered appropriate for the park's size and function. The park's comfort station design responds well to the architectural language of Irving Gill and the primary design themes identified in the Village 11 SPA. (Refer to Attachment C for Comfort Station elevations.) Vehicular access to the park is via a park entrance driveway from Exploration Falls Drive. Pedestrian access to the park occurs from Exploration Falls Drive and Windingwalk Street. A potential trail connection is also identified along the east edge of the park. Page 3, Item: ~/ Meeting Date: 7/22/03 Design Theme The theme for the park is multi-tiered, including natural history, passage of time, and a ranch theme. These ideas are expressed as an exploratory walk, playing offthe adjacent street names 'Exploration Falls' and 'Windingwalk". The pedestrian path located in the park will symbolically reveal the history of Chula Vista, including the natural history and the continuing relationship of humans' settlement on the land. Turf mounds and a curvilinear path, representing the foothills and waterways of the area, will express the natural history concept as well as the passage of time. Pavement form, layout, and design will communicate the historical influences of water on humans and landform in southern California. The tot lot area will be located at the convergence of the curvilinear paths, representing the ocean or lake. The design of the path will contrast with the more active and orderly uses of the park represented by the softball field, multi purpose turf areas, tennis court, and basketball court. In keeping with the design guidelines identified for the Village 11 SPA, architectural elements in the park will be based on the design principles of famed San Diego area architect Irving Gill. The proposed park's design is consistent with the concept plan contained in the Otay Ranch Village 11 SPA; Parks, Recreation, Open Space and Trails Plan document in that it incorporates key recreational facilities envisioned for the site. Once approved, the Master Plan will be the basis for the preparation of construction drawings and specifications that are used to build the park. Park Name The park name proposed by the applicant is "Windingwalk Park". The name refers to one of the park's fronting streets as well as the winding path through the park as described above. The proposed park name is also consistent with the Village 11 subdivision name "Windingwalk." Staff is of the opinion that the park's name responds well to the park site's theme and location. Environmental Review The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA), and has determined that the proposed project was adequately covered in the previously adopted Second Tier Environmental Impact Report for the Otay Ranch General Development Plan Amendments/Village 11 SPA (EIR 01-02). Thus, no further environmental review or documentation is necessary. Parks and Recreation Commission The members of the Parks and Recreation Commission reviewed the overall park design. The Commission approved the proposed Park Master Plan with the condition added to provide additional shading for seating areas near the tot lot area. The Commission deemed the proposed park name "Windingwalk Park" as appropriate. Page 4, Item: ~ .... Meeting Date: 7/22/03 FISCAL IMPACT: Staffhas performed a review of the preliminary park construction estimate o£probable cost provided by the Landscape Architect consultant. The overall estimated cost of construction is within the established budget for the park ($2.3 million). While changes to the cost estimate are anticipated as the Park Master Plan evolves into construction drawings, staff is of the opinion that the estimates are a reliable representation of anticipated costs. Construction cost will be borne by the developer in response to the Park Acquisition and Development (PAD) Fee obligation requirements of the Village 11 SPA. Long-term park maintenance costs for public parks will be addressed through the City's General Fund. Attachments: A. Park Location Plan B. Village 11 Park P- 1 Master Plan C. Village 11 Park P-I Comfort Station Elevations D. Park & Recreation Comnnssion Draft Meeting Notes (June 19, 2003) /fHJeJ ;?),- 5 7M~h d-d--/O /t1E /7)IJJ::J RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDiVIDUAL PARK MASTER PLAN AND NEIGHBORHOOD PARK NAME FOR PARK P-1 NEIGHBORHOOD PARK OF OTAY RANCH, VILLAGE 11 WHEREAS, the Brookfield Shea Otay LLC is requesting approval of a public neighborhood Park Master Plan and park name for park P-1 located in Otay Ranch Village 11; and WHEREAS, the proposed park design is consistent with the concept plan contained in the Otay Ranch Village 11 , Recreation, Open Space and Trails Plan document in that it incorporates key recreational facilities envisioned for the site and once approved, the Master Plan will be the basis for the preparation of construction drawings and specifications that are used t° build the park; and WHEREAS, the Environmental Review Coordinator has determined that the project is exempt from environmental review under Section 15304, Class 4(b) exemption (Minor Alterations to Land) identified by CEQA; and WHEREAS, the park name proposed by the applicant (Windingwalk Park) refers to one of the park's fronting streets as well as the winding path through the park. The proposed park name is consistent with the Village 11 subdivision name "Windingwalk"; and WHEREAS, the Parks and Recreation Commission, at it meeting on June 19, 2003, approved the draft Park Master Plan for the 7.0 net acre public neighborhood park and voted for the park to be named "Windingwalk Park". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an individual Park Master Plan and park name "Windingwalk Park" for the 7.0 acres of public neighborhood park site located in the Otay Ranch, Village 11. Presented by Approved as to form by Andy Campbell An~dVioore Director of Parks and Recreation ,~y Attome.y J:\attomey\reso\Park Master Plan Otay Ranch Windingwalk