HomeMy WebLinkAboutAgenda Packet 2003/11/18
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DATED /í SIGNED
NOTICE OF ITEM ADDED TO THE AGENDA OF THE
CHULA VISTA CITY COUNCIL
NOTICE IS HEREBY GIVEN that the following item has been added to the agenda of the
Regular Meeting of the City Council of the City of Chula Vista to be held Tuesday,
November 18, 2003, at 6:00 p.m. in the Council Chambers located in the Public Services
Building, 276 Fourth Avenue:
Special Orders of the Dav:
RECOGNITION BY COUNCILMEMBER DAVIS OF WEBELOS I FROM SCOUT PACK
810, SAINT ROSE OF LIMA. DEN LEADER: TOM DAVIES
Dated November 17, 2003
f( ¿~ ~~
Donna R. Norris, Assistant City Clerk
CITY COUNCIL AGENDA
November 18, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CflY OF
CHUI.A VISI'A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
I~. WilY.' ~lIäUY UI fJl:tfJury mill I am
IftIIIIDvId br the City of Chula Viltaln the
0III0e of the City Clerk and that I p08IICI lllla
cIocIument on the bulletin board aooonIIng to
Brown Act ~~menll.
DATED~ SIG~ FD
REVISED AGENDA
November 18,2003
CALL TO ORDER
ROLL CALL: CounciImembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION OF A CONSTITUENT SERVICE A WARD BY MAYOR PADILLA
CONSENT CALENDAR
(Items I through 9.5)
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. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING VARIOUS SPEED LIMITS ON EAST PALOMAR STREET,
BETWEEN OLEANDER AVENUE AND OLYMPIC PARKWAY, THEREBY
AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF
THE CITY ENGINEER (SECOND READING AND ADOPTION)
Based on provisions of the California Vehic1e Code and the Chula Vista Municipal Code,
the City Engineer has detennined that, in the interest of minimizing traffic hazards and
for the promotion of public safety, the speed limit on East Palomar Street, between
Oleander Avenue and Olympic Parkway, should be established at 35 mph, except at the
two segments (from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea and
from Santa Cora Avenue to Vista Sonrisa Avenue) where the posted speed limit would be
established at 25 mph. The segment between Paseo Ladera and Santa Olivia Road will
be posted as a school zone (25 mph when children are present). This ordinance was
introduced on November 4, 2003. (Director of Engineering)
Staff recommendation: Council adopt the ordinance.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECREASING THE EXISTING SPEED LIMIT ON HALECREST DRIVE,
BETWEEN TELEGRAPH CANYON ROAD AND DOUGLAS STREET TO 25 MPH,
THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE
OFFICE OF THE CITY ENGINEER (FIRST READING)
REVISED AGENDA
November 18, 2003 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 OF A CONSTITUENT SERVICE AWARD BY MAYOR PADILLA
· RECOGNITION BY COUNCILMEMBER DAVIS OF WEBELOS I FROM SCOUT
PACK 810, SAINT ROSE OF LIMA. DEN LEADER: TOM DAVIES
CONSENT CALENDAR
(Items 1 through 9.5)
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 ftll 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. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING VARIOUS SPEED LIMITS ON EAST PALOMAR STREET,
BETWEEN OLEANDER AVENUE AND OLYMPIC PARKWAY, THEREBY
AMENDING SCHEDULE X OF A REGISTER MAINTAINED 1N THE OFFICE OF
THE CITY ENGINEER (SECOND READING AND ADOPTION)
Based on provisions of the California Vehicle Code and the Chula Vista Municipal Code,
the City Engineer has determined that, in the interest of minimizing traffic hazards and
for the promotion of public safety, the speed limit on East Palomar Street, between
Oleander Avenue and Olympic Parkway, should be established at 35 mph, except at the
two segments (from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea and
fi.om Santa Cora Avenue to Vista Somisa Avenue) where the posted speed limit would be
established at 25 mph. The segment between Pasco Ladera and Santa Olivia Road will
be posted as a school zone (25 mph when children are present). This ordinance was
introduced on November 4, 2003. (Director of Engineering)
Staffrecommendation: Council adopt the ordinance.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECREASING THE EXISTING SPEED LIMIT ON HALECREST DRIVE,
BETWEEN TELEGRAPH CANYON ROAD AND DOUGLAS STREET TO 25 MPH,
THEREBY AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE
OFFICE OF THE CITY ENGINEER (FIRST READING)
Based on provisions of the California Vehicle Code and the Chula Vista Municipal Code,
the City Engineer recommends that, based on the Engineering and Traffic Survey, the
speed limit on Halecrest Drive, between Telegraph Canyon Road and Douglas Street,
should be decreased f~om the existing 30 mph limit to 25 mph. (Director of Engineering)
Staff recommendation: Council place the ordinance on first reading.
3 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-23, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE VARIOUS PUBLIC 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-23, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
Adoption of the resolutions approves Neighborhood R-23, a subdivision of Otay Ranch
Village 11. Neighborhood R-23 consists of 119 single-family, detached lots and 23
Home Owner's Association-maintained open space lots. (Director of Engineering)
Staffrecommendation: Council adopt the resolutions.
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 07-1 (OTAY RANCH VILLAGE ELEVEN)
DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY
FACILITIES DISTRICT THEREOF
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07-1
(OTAY RANCH VILLAGE ELEVEN), AUTHORIZING THE LEVY OF A SPECIAL
TAX IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING)
On November 11, 2003 the City held a public hearing and approved two resolutions: 1)
forming and establishing Community Facilities District No. 074 (Otay Ranch Village
Eleven), and 2) declaring necessity to incur bonded indebtedness for the Community
Facilities District. On November 12, 2003 a special election of eligible property owners
was held at the City Attorney's office for the purpose of voting on the formation of
Community Facilities District-07-I. (Director o f Engineering)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY
APPROPRIATING $80,200 IN SUPPLIES AND SERVICES/CAPITAL BASED UPON
UNANTICIPATED REVENUES FROM DONATIONS MADE TO THE ANIMAL
CARE FACILITY (4/5THS VOTE REQUIRED)
Page 2 - Council Agenda 11/18/2003
The Animal Care Facility received $80,200 in donations over the last two years. These
donations were held in a donation account until it could be determined what items and/or
programs were needed at the new facility. Staff has identified a variety of critical items
to be purchased to aide animal care facility operations. (Chief of Police)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY
APPROPRIATING $88,127 IN CAPITAL BASED UPON LOCAL LAW
ENFORCEMENT BLOCK GRANT 2001 REVENUE (4/STHS VOTE REQUIRED)
Adoption of the resolution appropriates $88,127 to make final payment to Cross Current
for a CAD (Computer-Aided Design) upgrade. (Chief of Police)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SUBCONTRACT BETWEEN THE CITY AND THE YMCA OF SAN
DIEGO COUNTY, YOUTH & FAMILY SERVICES - SCHOOL OUTREACH
SERVICES FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM
HOURS AT HILLTOP AND CASTLE PARK MIDDLE SCHOOLS, AMENDING THE
FISCAL YEAR 2004 RECREATION DEPARTMENT BUDGET BY
APPROPRIATING $6,798 IN UNANTICIPATED REVENUE, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (4/STHS VOTE REQUIRED)
The YMCA Youth and Family Services has awarded the City, through its Recreation
Department, a $6,798 contract for the provision of enhanced after-school programming at
Castle Park Middle School and Hilltop Middle School. The funding is part of a grant
applied for and received by the Chula Vista Youth Coalition from the County of San
Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant,
and, as such, is subcontracting various services to be provided by several Youth Coalition
members. (Director of Recreation)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, DAVID EVANS AND ASSOCIATES, INC. (CONSULTANT), OTAY
PROJECT, LP (APPLICANT), AND MCMILLIN OTAY RANCH, LLC
(APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT FOR THE VILLAGE 7 SECTIONAL PLANNING AREA PLAN
AND TENTATIVE MAPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
McMillin Otay Ranch, LLC, and Otay Project LP have filed a sectional planning area
plan and tentative map applications for Village 7, including a site for Sweetwater Union
High School No. 13. The Environmental Review Coordinator has determined that the
proposed project requires the preparation of an Environmental Impact Report. Adoption
of the resolution approves a contract with David Evans and Associates, Inc., for an
amount not to exceed $215,675, to provide consultant services for the preparation of the
CEQA-required environmental documents for the proposed project. (Director of
Planning and Building)
Staffrecommendation: Council adopt the resolution.
Page 3 - Council Agenda 11/18/2003
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, DUDEK & ASSOCIATES, INC. (CONSULTANT), AND YACOEL
PROPERTIES I, LLC (PROJECT APPLICANT), FOR CONSULTANT SERVICES
RELATED TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
FOR THE CROSSINGS COMMERCIAL RETAIL PROJECT, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Yacoel Properties I, LLC has filed a general plan amendment, rezoning request, design
review application, tentative parcel map, and grading plan application to facilitate the
development of a new shopping center within the Otay Valley Redevelopment Project
Area. The project, encompassing 17 acres, is projected to include retail and restaurant
uses, totaling approximately 190,000 square feet of floor area. The City's Environmental
Review Coordinator has determined that the proposed project requires the preparation of
an Environmental Impact Report. Adoption of the resolution approves the contract with
DUDEK & Associates, Inc., for an amount not to exceed $111,613, to provide consultant
services for the preparation of an Environmental Impact Report. (Director of Planning
and Building)
Staffrecommendation: Council adopt the resolution.
9.5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING THE CITY MANAGER, DIRECTOR OF FINANCE, AND
DIRECTOR OF ENGINEERING AS THE AUTHORIZED AGENTS FOR THE CITY
OF CHULA VISTA FOR THE PURPOSE OF OBTAINING STATE FINANCIAL
ASSISTANCE UNDER CALIFORNIA DISASTER ASSISTANCE ACT AND
FEDERAL FINANCIAL ASSISTANCE UNDER PUBLIC LAW 93-288
In accordance with Chapter 7 of Division 1 of Title 2 of the Government Code of
California, the Governor can proclaim a State of Emergency, which makes State financial
assistance available to local govemments. In addition, the President of the United States
may sign a federal major disaster declaration (FEMA-1498-DR), authorizing the Federal
Emergency Management Agency (FEMA) to provide federal assistance as authorized
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288.
In ordar for an agency to apply and receive reimbursement for costs incurred related to a
major disaster, an authorized agent must be designated by the public entity established
under the laws of the State of California. (Director of Finance, Director of Engineering)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from 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.
Page 4 - Council Agenda 11/18/2003
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.
10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND, AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Director of Finance)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
11. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS
The Police Department has recently received notice of a Local Law Enforcement Block
Grant award in the amount of $174,858 from the Bureau of Justice Assistance. These
funds were allocated to the Police Department based on a three-year average of Part I
Violent Crimes. Part I Violent Crimes are murder and non-negligent manslaughters,
forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and
appropriation of these funds requires a public hearing per stipulations of the Local Law
Enforcement Block Grant. (Police Chief)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $174,858 FROM THE 2003 LOCAL LAW ENFORCEMENT
BLOCK GRANT, AMENDING THE FISCAL YEAR 2003/2004 POLICE
BUDGET, APPROPRIATING $143,384 FOR POLICE
TECHNOLOGY/EQUIPMENT AND $31,474 TO SUPPORT THE SOUTH
BAY DRUG COURT, AND AUTHORIZING THE CHIEF OF POLICE TO
UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE
COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL
UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES
Page 5 - CouncilAgenda 11/18/2003
BOARD AND COMMISSION RECOMMENDATION
12. Item no. 12 was pulled from the agenda.
ACTION ITEM
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 fiH out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
13. REPORT REGARDING WESTERN CHULA VISTA
This is a status report on the various planning and development activities underway in
Western Chula Vista. The coordination of the planning, development, and accompanying
infrastructure will be challenging in the years to come. The report summarizes the Urban
Core Specific Plan, development projects, infrastructure, and Code Enforcement
programs. (Western Chula Vista Development Manager)
Staff recommendation: Council accept the report and direct staff to continue to
coordinate planning, development, infrastructure, and community programs in Western
Chula Vista.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
15. MAYOR'S REPORTS
A. Ratification of appointment to the Nature Center Board of Trustees - Judy
Schulenberg.
B. Ratification of appointment to the Resource Conservation Commission - Tracy
Means.
16. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shah be made available by
noon on tVednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
Page 6 - Council Agenda 11/18/2003
17. 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 Moms, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
18. 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 Morris
Negotiating Parties: City of Chula Vista (Sid Moms), American Golf Corporation
(Brian Jackson)
Under Negotiation: Price, terms, and disposition of lease
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. No. A-02-12-028)
· City of Chula Vista, et al. v. CPUC (Order Nos. D.03-7-028 and D.03-08-076,
California Supreme Court; Docket No. S119376)
20. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
ADJOURNMENT to the Regular Meeting of November 25, 2003, at 6:00 p.m. in the Council
Chambers.
Page 7 - CouncilAgenda 11/18/2003
ORDINANCE NO. 4~~} ~
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHiNG SPEED LIMITS ON EAST
PALOMAR STREET BETWEEN OLEANDER AVENUE AND
OLYMPIC PARKWAY, THEREBY AMENDING SCHEDULE
X OF A REGISTER MAINTAINED IN THE OFFICE OF THE
CITY ENGINEER.
WHEREAS, based on the provisions of Division 11-Chapter 7-Article 1 (Sections 22348
through 22366) and Division 17-Chapter 3-Article 1 (Sections 40800 thru 40808) of the
California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code
Section 10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer has
determined that, in the interest of minimizing traffic hazards and for the promotion of public
safety, the speed limit on East Palomar Street between Oleander Avenue and Olympic Parkway
be established at 35 MPH, except at the two segments from Monarche Dr./Santa Rita to
Monarche Dr./Santa Andrea and from Santa Cora Ave. to Vista Sonrisa Ave., where the posted
speed limit would be established at 25 MPH; and
WHEREAS, these speed limits will be added to Schedule X of the register maintained in
the Office of the City Engineer; and
WHEREAS, speed linfit signs will be installed along this portion of the roadway giving
notice of the 35 mph and 25 mph speed limits, respectively.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 35 mph speed limit on East Palomar Street between Oleander Avenue and
Olympic Parkway is hereby established, except at the two segments from Monarche Dr./Santa
Rita to Monarche Dr./Santa Andrea and from Santa Cora Ave. to Vista Sondsa Ave., where the
posted speed limit of 25 mph is hereby established:
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in
Certain Zones - Designated, is hereby amended to include the following information:
Ordinar~'~§~. ! ~
Page 2 ' ' "'~ ~ ~ ~
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Be~innim, At Ending At Proposed
Speed Limit
East Palomar
Street Oleander Avenue Olympic Parkway 35 MPH
(except as noted
below)
East Palomar Monarche Monarche Dr./Santa
Street Dr./Santa Rita Andrea 25 MPH
East Palomar Santa Cora
Street Avenue Vista Sonrisa Avenue 25 MPH
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by Approved as to form by
Clifford Swanson
Director o f Engineering C ty~eey
J:Attomcy\Ord/nance\East Panomat St speed limit
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/18/03
ITEM TITLE: Ordinance Decreasing the existing speed limit on Halecrest Drive
between Telegraph Canyon Road and Douglas Street to 25 mph, thereby
amending Schedule X of a register maintained in the Office of the City
Engineer.
SUBMITTED BY: Director of EngineeringQ~L~Y
REVIEWED BY: City Manage~ ~t,~ (4/5ths Vote: Yes No X
Based on the provisions of the California Vehicle Code (CVC), and pursuant to authority under Chula
Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones", the City
Engineer recommends that based on the Engineering and Traffic Survey, the speed limit on Halecrest
Drive between Telegraph Canyon Road and Douglas Street should be decreased from the existing 30
mph limit to 25 mph.
RECOMMENDATION: That the City Council adopt an ordinance decreasing the existing speed limit
on Halecrest Drive between Telegraph Canyon Road and Douglas Street to 25 mph, thereby amending
Schedule X of a register maintained in the Office of the City Engineer.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of
September 11, 2003, voted to concur with staff's recommendation to decrease the existing speed limit on
Halecrest Drive between Telegraph Canyon Road and Douglas Street to 25 mph.
DISCUSSION:
The City Engineer recommends decreasing the posted speed limit on Halecrest Drive between Telegraph
Canyon Road and Douglas Street fi.om 30 mph to 25 mph in order to comply with California Vehicle
Code (CVC), Section 40803, "Speed Trap Evidence." Section 40803 requires that a Traffic and
Engineering Survey be conducted within seven (7) years, which justifies the posted speed limit. The
Engineering and Traffic Survey should contain sufficient information to document that the conditions of
CVC Section 627, which describes the contents of an "Engineering and Traffic Survey", have been
complied with and that other conditions not readily apparent to a motorist are properly identified. The
old survey for this roadway expired on June 26, 2002. On May 14, 2003, staff completed a new survey
that will be in effect through May 14, 2010, which justifies the reduction in speed. In accordance with
the CVC, every seven (7) years the existing speed limit will be verified, increased or decreased
depending on the results of the survey investigation.
Halecrest Drive between Telegraph Canyon Road and Douglas Street is 670' (0.127 miles) long. The
roadway is 64' wide between Telegraph Canyon Road and Hale Street, transitioning down to 44' wide
between Hale Street and Douglas Street. There are single-family residences and businesses along the
west side of the roadway and a shopping center along the east side of the street. This section of
Halecrest Drive is striped with one lane in each direction and terminates at a traffic signal at Telegraph
Canyon Road. Parking is not allowed on the west side of the roadway south of Hale Street or on the
entire east side of the street. The Average Daily Traffic (ADT) for this street is 6,662 (year 2003).
According to the Engineering and Traffic Survey, the 85th percentile speed was determined to be 34 mph
Page 2, Item ~_
Meeting Date 11/18/03
for this segment. A sag vertical curve exists south of Hale Street that produces a design speed of 20
mph. The accident rate for this segment (2.16 per million vehicle miles) is lower than the average
accident rote (2.95 per million vehicle miles) that exists for similar roadways in the State of California.
Motorists wishing to enter Halecmst Drive from Hale Street have an adequate stopping sight distance
when observing northbound vehicles. However, they only have 146' of stopping sight distance when
observing southbound motorists (which is appropriate for 25 mph approach speeds). Staffalso measured
the southbound stopping sight distance based on motorists making an initial stop at the intersection, then
slowly rolling forward before merging onto Halecrest Drive. The stopping sight distance for these
motorists on eastbound Hale Street increased to 194' of clear visibility when looking toward southbound
Halecrest Drive traffic (which is adequate for up to 29 mph approach speeds).
Normally, speed limits should be established at or below the 85th percentile speed in increments of 5
mph. The 85th percentile speed is defined as the speed at or below which 85 pement of the traffic is
moving. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers
with a means of controlling the drivers who will not conform to what the majority considers reasonable
and prudent. However, in considering existing conditions with the traffic safety needs of the
community, or where unusual conditions exist which are not readily apparent to drivers, speed limits of
more than 5 mph below the 85th percentile may be warranted. The establishment of a speed limit of
more than 5 mph below the 85th percentile speed should be done with great care as this may cause a
disproportionate number of the reasonable majority of drivers to be in violation of the established speed
limit. In determining the speed limit that is reasonable, safe and most appropriate to facilitate the
orderly movement of traffic, important factors to be considered are prevailing speeds, unexpected
conditions, and accident records.
Conclusion
Based on the above data, especially the 20 mph design speed of the vertical curve at the south end of the
segment and the limited sight distance that motorists experience coming out of Hale Street, staff has
determined that the appropriate speed limit should be posted at 25 mph in accordance with California
Vehicle Code requirements. Upon approval of the proposed speed limit by City Council, Schedule X of
the register maintained in the Office of the City Engineer will be revised to include the following
information:
I 10.48.020 Schedule X- Established Speed Limits in Certain Zones - Designated
Name of Street Beginning At Ending At Proposed Speed Limit
Halecrest Drive Telegraph Canyon Road Douglas Street 25 M.P.H.
FISCAL IMPACT: The cost to install signs and pavement legends is $300.00, which is included in
the operating budget.
Attachments: Engineering Traffic Survey
Aerial Photo
J:\ENGINEER\AG ENDA\Halecrest 25 mph A 113.sm.doc
SPEED LIMIT - ENGINEERING/TI 4,FFIC SURVEY
STREET: Halecrest Drive
LINIITS: Doualas Street to Tele~raoh Canyon Road
Len~h of Segment (ft): 670' (.127 miles~
Existing Posted Limit (mph): 30 m;~h
SU1VLM_4RY OF SPEED SURVEYS
Segment: Doualas to Tele~ranh Canvon Road
Date Taken: 05/14/2003
No. of Vehicles on Sample (ears): 50
85ta Percenffie (mph): 34mph
Range of Speeds Recorded (mph): 18-43 rnah
RO.&DWAY CI~4.RACTERISTICS
Width (ft): da, 64' curb to curb
Total No. of Lanes: 2 lanes total (1 oer direction~
Horizontal .Mignment: Tanaent
Vertical Alignment: Grade varies from -7.655% to -1.23% creatina a arade difference of 6.425% over
a len_oth of 100.00' alona r. he centerl/ne creat/na a desi~ s~eed of 20 m~h.
TRAFFIC CHA-RACTERISTICS
Average Daily Traffic: 6.662 (20035
On-Street Parking: No Carkina allowed on the west side of the roadway south o£Hale Sweet and
on the east side of the roadway south o£Doualas Street.
Special Conditions: Commercial build/nas on both sides of the roadwav south of Hale Sn-eet.
Accident Histo~': The accident rate at this segment is ( 2.16 Cer million vehicle miles~ which is
lower than the averaae rate of (2.95~ ~%r similar hi*.qhwavs in the State of
California.
SURVEY RESULTS
Study was Prepared by: Ikhlass Daood
Date: 6/26/2003
Recommendation: Reduce exisrin_~ meed limit of 30 mph to ~~O~.
25 mph speed limit due to the desi~o~n sl~eed
Date Recommendation Approved:
By: l~Iaigd A1-Ghafrv. P.E.. T.E.
Approved Speed Limit (mph): 25 mph
Per CVC 40803, Survey Expires: 5/14/2010
ORDINANCE NO.
ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECREASING THE EXISTING SPEED LIMIT
ON HALECREST DRIVE BETWEEN TELEGRAPH CANYON
ROAD AND DOUGLAS STREET TO 25 MPH, THEREBY
AMENDING SCHEDULE X OF A REGISTER MAINTAINED
IN THE OFFICE OF THE CITY ENGINEER.
WHEREAS, based on the provisions of California Vehicle Code Section 22352, 22358
and 40802 and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, and
pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established
Speed Limits In Certain Zones," the City Engineer has recommended that, in the interest of
minimizing traffic hazards and for the promotion of public safety, the speed limit on Halecrest
Drive between Telegraph Canyon Road and Douglas Street be established at 25 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 25 mph speed limit on Halecrest Drive between Telegraph Canyon Road and
Douglas Street is hereby established:
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in
Certain Zones Designated, is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Proposed
Name of Street Be~innin~ At Ending At Speed Limit
Halecrest Drive Telegraph Canyon
Road Douglas Street 25 MPH
Ordinance
Page 2
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by Approved as to form by
CDliir ecff;~dr So fw ~nn e e r i ag ~/fi~AM~ ~
J:Attomcy\Ordinance\[lalecrcst Dr. speed limit decrease
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 11/18/03
ITEM TITLE: A) Resolution Approving the Final Map of Chula Vista Tract No.
01-1 lA, Otay Ranch Village 11, Neighborhood R-23; accepting on behalf
o£the City of Chula Vista the various public 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. 01-1 lA, Otay Ranch
Village 11, Neighborhood R-23 and authorizing the Mayor to execute said
Agreement.
SUBMITTED BY: Director of Engineering/]~ ]~Y~
REVIEWED BY: City Manager~oC ~ (4/Sths Vote: Yes No X
)
Tonight Council will consider Neighborhood R-23 a subdivision of Otay Ranch Village 11.
Neighborhood R-23 consists of 119 Single family detached lots and 23 Home O~vner'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,
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Otay Ranch Village 11, with the marketing name of"Windingwalk' is generally located south of
Eastlake Greens (Attachment 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-23 (Attachment 2) and associated agreements are now before
Council for consideration and approval.
The Final Map
The final map has been reviewed by the Engineering Department and Department of Planning &
Building and found to be in substantial conformance with the amended Tentative Map. The
amended Tentative Map, as relates to Neighborhood R-23, allowed the subdivision of the property
into individual lots keeping the land use as multifamily.
Page 2, Item ~
Meeting Date: 11/18/03
Table 1. Lotting Summary
Number of
Residential Number of Open Total Lots
Final Map Lots Space Lots Total Acreage
Otay Ranch Village 11, 119 23 142 19.701 acres
Neighborhood R-23
The Homeowners' Association (HOA) 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. The HOA will also maintain the streets within said
subdivision.
Approval of the final map constitutes acceptance of various public easements within the subdivision
including easements for the installation and maintenance of public utilities with the right of ingress
and egress and a pedestrian access easement.
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.
Supplemental Subdivision Improvement Agreement (SSIA)
The Supplemental Subdivision Improvement Agreement (SSIA) outlines the developer's obligations
that must be satisfied after Council approves the map. Included conditions are: 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. All apply to this neighborhood. Of note
is condition 109 where the developer has agreed to not seek final inspection for any home until the
Salt Creek Sewer main is functional.
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.
FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the developer's
deposits.
Attachments: 1. Plat for Otay Ranch Village I 1,
2. Plat for Otay Ranch Village 11, Neighborhood R-23
3. Developer's Disclosure Statement
Exhibits: Subdivision Improvement Agreement
Supplemental Subdivision Agreement
J:~Engineer~LANDDEV~Pr~jects\Otay Ranch Village I l\r23\OR-616F CAS I doc
ATTACHMENT
VI-LLAGE ELEVEN SPA PLAN
R-7
R-4
R-8
R-~
R-20
R-23 R-6
R-21 R-9
R-22
R-24
R-~6
S-2
2-7
Brookfield Shea Otay, LLC ~ ;,
ATTACHMEN'r '
ATTACHMEN~i- -~
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
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 $1000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or tmstor 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 V/
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official** may have in this contract?
6. Have you made a contribution of more ~an $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 or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board o f Directors made contributions totaling more than $1~000 over the past four (4) years to
a current member of the Chula Vista City Council? Yes No
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula
Vista in the past twelve (12) months? (Tl~is includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes No
If Yes, which official** and what was the nature of item provided?
tractor/Applicant ......
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
J:~ENGINEER~LANDDEV~FORMS-OFFICIALWIISCSDISCLOSURE STATEMENT. DOC
Shea Otay Village 11, LLC is owned by:
Shea Homes Limited Partnership - 100%
Shea Homes Limited. partnership is owned by: J.F. Shea LLC - 20.8332%
- Shea Inve-¢-t'ment Partners- 3.077741
Tahoe Partnership I - 3.423687%
Balboa Partnership- 2.781343%
Virginia Road LLC- 20.297516%
Bay Front Drive LLC - 12.940864%
Claire Shea Trust - .00064%
Orlando Road LLC -33.516151%
John F. Shea Family Trust John F. Shea Trustee- 3.12786%
J.F. Shea LLC is owned by:
JFS Management LLC- 4%
J.F. Shea Co., Inc. - 96%
RESOLUTION NO. 2003-
APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-23; ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE VARIOUS PUBLIC
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 lA, Village 11 Neighborhood R-23, particularly described as follows:
Lot 1 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: 19.70l Acres No. of Lots: 142
Numbered Lots: 119 Lettered Lots: 23
is made in the manner and form prescribed by taw 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 the following
easements: the wall easement, the General utility and access easement, the sewer and
access easement, the pedestrian access easement and the sight visibility easements all as
shown on Village 11 Neighborhood R-23 map within said subdivision
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf
of the City of Chula Vista the Irrevocable Offer o f Dedication of Fee Interest of Lots "B"
through "W" for open space and other public purposes all as shown on all as shown on
Village 11 Neighborhood R-23 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 on the Village 11 Neighborhood R-23 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 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 agreement for and on behalf of the City of
Chula Vista.
Presented by: Approved as to form by:
Clifford Swanson Ann lg4o-o6du
Director of Engineering City Attorney
J:\Attorney\Reso~maps\r23
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
' //f f ~-~nn M' oo'~ 6,'
City Attorney
Dated:
Subdivision Improvement Agreement b~tween the City of
ChulaV~ga and Shea Homes Limited partnership for Otay
Ranch Village 11, Neighborhood R-23 (~VT #01-1lA)
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",
SHEA HOMES LIMITED PARTNERSHIP, located at 10721 Treena Street, Suite 200, San
Diego, CA 92131, hereinafter called "Subdivider" with reference to the facts set forth below,
which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTAY RANCH VILLAGE ll, NEIGHBORHOOD R-23 (CVT 01-1lA) pursuant to the
provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
--1-
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 03129-01 through 03129-16, inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
ONE MILLION SIX HUNDRED NINETY-NINE THOUSAND ONE HUNDRED DOLLARS
AND NO CENTS ($1,699,100.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said hnprovement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said. buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chuta Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT
HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND NO
CENTS ($849,550.00) 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 EIGHT
HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND NO
CENTS ($849,550.00) to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached hereto, marked Exhibit "B"
and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part
hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of TWENTY-
SEVEN THOUSAND NINE HUNDRED FIFTY DOLLARS AND NO CENTS ($27,950.00) 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 heroin contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
-3-
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
-4-
5/¢
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or atmul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-23
(CVT 01-1 lA)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and yem- first hereinabove set forth.
THE CITY OF CHULA VISTA SHEA HOMES LLMITED PARTNERSHIP
a California limited partnership
By: J.F. Shea LLC~
Stephen C. Padilla a Delaware limited liability company,
Mayor ct' [he City of ChulaVista ~J:~_~ ~'ff~~r
-- J~n B. Vance, Asst. Secretary
Paul L.L. B~rnes, Asst. Secretary
ATTEST
City Clerk
Approved as to fom] by
Ann Moore
City Attorney
(Attach Notary Acknowledgment)
-6-
State of California )
) S.S.
County of San Diego )
On November 3, 2003 before me, Sarah A. Cordon, Notary Public, personally appeared John B.
Vance and Paul L.L. Barnes personally known to me to be the persons whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal. ~~
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $849,550.00
Exhibit "B" Improvement Security- Material and Labor:
Form: Bond
Amount: $849,550.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $27,950.00
Securities approved as to form and amount by
City Attorney
hnprovement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Attorney\SIA\OtayRanchVillage I I R-23
RESOLUTION NO. 2003-
APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA
TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-23 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, the developer has executed a Supplemental Subdivision
Improvement Agreement to satisfy remaining conditions of Resolutions 2001-364 and
2003-231.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 01-11, Otay Ranch Village ! 1, Neighborhood R-23, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said agreement for and on behalf of the City of
Chula Vista.
Presented by: Approved as to form by:
Clifford Swanson 7~tnd' i~go~
Director of Engineering City Attorney
J:\attomeyXReso\SSlA\r2 3 ~2
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/A~n Moore
City Attorney
Dated:
~pplemental Subdivision Improvement Agremmm~t for
0tay Ranch Village Eleven, Neighborhood R-23,
Chula Vista Tract No. 01-1lA
RECORDING REQUEST BY:
C±ny Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
278 Fourth Avenue
Chu!a Vista, CA 91910
Above Space for Recorder's Use
OR-616F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-23,
CHULA VISTA TRACT 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 CHULA VISTA, California ("City" for
recording purposes only) and the signatories to this Agreement,
SHEA HOMES LIMITED PARNERSHIP ("Developer" or "Owner"), with
reference to the facts set forth below, which recitals constitute
a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-1lA Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes of this Agreement the term
"Project" shall also mean "Property".
B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
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 11 Sectional Planning Area (Spa) Plan and a Revised
Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
F. Developer has requested the approval of a "B" Map for
the Project ("Final Map"). Certain conditions of approval of the
Tentative Subdivision Map requires Developer to enter into an
agreement with the City prior to approval of the Final Map for the
Project.
G. Cizy is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
H. The following defined terms shall have the meaning set
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 and
as amended by Resolution No. 2003-230 and Ordinance No. 2917.
d. "PFFP" means the Otay Ranch Village Eleven Public
Facilities Financing Plan adopted by Resolution No. 2001-363,
and as may be further amended from time to time.
e. "EIR 01-02" means Environmental Impact Report for
the Otay Ranch Village Eleven General Development Plan,
2
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,
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. Agreen%ent Applicable to Subseq~uent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the
successors, assigns and interests of the parties as to any or
all of the Property as described on Exhibit "A" until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is
deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor
and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been,
remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c. 'Developer Release on Guest Builder Assignments.
If Developer assigns any portion of the Project to a Guest
Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are
expressly assumed by the Guest Builder, provided Developer
obtains the prior written consent of the City to such
release. Such assignment to the Guest Builder shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
3
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, no
the satisfaction of the City, its ability to perform ins
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 a~signed portion if such
portion has complied with the requirements of this Agreement
to the satisfaction of the City and such partial release will
not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence
of any of the following events, Developer shall, upon receipt
of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s)
from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the
sale of a residential lot to a buyer of an individual
housing unit;
ii. The conveyance of a lot to a Homeowner's
Association;
iii. The conveyance of a school site as identified
in the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
2. Condition No. 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
4
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 and guidelines). 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 5he 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
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages
for their violation. The Developer shall be notified 10 days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
5. Condition No. 4 (Hold City Harmless). In
satisfaction of Condition No. 4 of the Resolution, Developer
agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs,
including attorney's fees, arising from challenges to the
Environmental Impact Report and subsequent environmental review
for the Project and any or all entitlements and approvals issued
by the City in connection with the Project.
6. Condition No. 5 - (Comply with SPA Conditions). In
satisfaction of Condition No. 5 of the Resolution; the Developer
5
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
wi%h 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
Man 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
wi5h 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 (Submittal of SPA). In satisfaction
of Condition No. 6 of the Resolution, the Developer agrees to
prepare and submit, to the satisfaction of, and as deemed
necessary by the Director of Planning and Building, an updated
Sectional 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
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. Pursuan~
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 repot%
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. D~vel~e~-~n0~ledges 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
7
direction, determines that either:
i. Building permits for a total 9,429 dwelling
units have been issued for Projects east of !-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.
11. Condition No. 11 (Conveyance Agreement). In
satisfaction of Condition No. 11 of the Resolution, Developer
hereby agrees to comply with the terms of the Conveyance
Agreement, as may be amended from time to time, adopted by
Resolution No. 18416 by the City Council on October 22, 1996
("Conveyance Agreement").
12. Condition No. 12 (Olympic Parkway Agreement). In
satisfaction of Condition No. 12 of the Resolution, Developer
hereby agrees that if any of these conditions conflict with the
Olympic Parkway Financing and Construction Agreement approved by
Council Resolution 19410, the Olympic Parkway Financing and
Construction Agreement shall control.
13. Condition No. 13 (Environmental). In satisfaction of
Condition No. -~3-o~'-the Resolution, Developer hereby agrees, to
implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified
8
S'
in Final EIR 01-02 (SCH#200103t120) , 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
0ray 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 easement is conveyed, the
Applicant agrees to provide subordination of any prior lien
holders in order to ensure that the POM has a first p~iority
interes5 in such land. Where consent and subordination cannot be
obtained, the Applicant shall convey fee title. Where fee title
or an easement is conveyed, access to the satisfaction of the POM
shall also be conveyed. Where an easement is granted, each final
map is subject to a condition that fee title shall be granted
upon demand by the POM. The Applicant further agrees to maintain
and manage the offered conveyance property consistent with the
Phase 1 and 2 RMP guidelines until such time when the POM has
accepted the conveyance property.
16. Condition No. 32 - (Street Trees). In satisfaction of
Condition No. 32 of the Resolution, Developer agrees to the
following:
a. The Developer shall install all street trees in
accordance with Section 18.28.10 of the Chuta 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 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
9
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 to
provide City documentation, acceptable by the Director of
Building and Park Construction and the Director of Planning
and Building, that all utility companies have been given
notice that no dry utility line shall be located within five
feet of the wood stake in any direction. Developer will
maintain street tree identification stakes in location as
shown on approved preliminary plans until all dry utilities
are in place.
c. The Developer shall provide root control methods per
the requirements of the Director of Planning and Building,
and provide a deep watering irrigation system for the trees.
d. A street tree improvement plan shall be submitted
for review and subject to the approval of the Director of
Planning and Building and the City Engineer prior to or
concurrent with the second submittal of street improvement
plans within the subdivision. Approval of the street tree
improvement plans shall constitute final approval of the
selection of street trees for the street parkways.
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:
a. Water supply consisting of fire hydrants as approved
and indicated by the Fire Department during plan check to the
10
satisfaction of the Fire Department. A_ny 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 reques5
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 A/DA
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
11
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. 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
12
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
neE-acre Neighborhood Park (P-l) . Developer further agrees that
the remaining requirement shall be sa%isfied 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 - (Withhold Building Permits). In
satisfaction of Condition No. 121 of the Resolution, Developer
agrees that at no time shall there be a deficit in ~'constructed
neighborhood park". Developer further acknowledges, understands
and agrees that the City shall withhold the issuance of building
permits for the Project should the Project fail to comply with
the conditions herein. For purposes of this condition, the term
"constructed park" shall mean the construction of the Project's
park has been completed and accepted by the City as being in
compliance with the Parks Master Plan, but prior to the City's
required mandatory maintenance period. Developer acknowledges
that this is not intended to supersede any of the City's
maintenance guarantee requirements.
29. Condition No. 140 and 180 - (Landscape Plans). In
satisfaction of Condition No. 140 and 180 of the Resolution,
Developer agrees that prior to the issuance of each construction
permit for the Project, the Developer shall prepare, submit and
obtain the approval of the City Engineer and the Director of
Building and Park Construction, landscape and irrigation plans,
for open space, parkway, medians and trails. Developer further
agrees that all plans shall be prepared in accordance with the
current Chula Vista Landscape Manual and the Vil~agq_~e~en~SPA,
as may be amended from time to time. Developer further agrees to
install all improvements listed in Exhibit KB" in accordance with
13
approved plans to the satisfaction of the Director of Building
and Park Construction.
30. Condition No. 141 and 146 - (M~OA Annexation). In
partial satisfaction of Condition No. 141 of the Resolution,
Developer agrees to annex lots 1 through 163 to the MHOA and deed
lots "A ..... P" to the MHOA for maintenance.
31. Condition No. 145 - (Seller Disclosure). In partial
satisfaction of Condition No. 145 of the Resolution, Developer
agrees to notify future property owners during escrow, by a
document to be initialed by the buyer, of maintenance
responsibilities and estimated annual cost of the MHOA.
Developer further agrees to submit the document and obtain
approval of the Director Engineerinq 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 property.
These restrictions shall also be incorporated in the CC&R's for
all lots.
33. Condition No. 150 - (Maintenance District). In
satisfaction of Condition No. 150 of the Resolution, Developer
agrees to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and
scenic corridors along streets within or adjacent to the Project.
34. Condition No. 158 - (Street Trees). In partial
satisfaction of Condition No. 158 of the Resolution, Developer
agrees to design landscape and irrigation plans such that street
tree placement is not in conflict with the sight visibility of any
traffic signage. The Developer shall be responsible for the
removal of any obstructions within the sight visibility of said
traffic signs to the satisfaction of the City Engineer.
35. Condition No. 172 - (Withhold Permits per PFFP). In
satisfaction of Condition No. 172 of the Resolution, Developer
agrees:
a. That the City may withhold building permits for the
subject subdivision if any one of the foltqw~ing ~cur:
i. Regional development threshold limits set by
the Chula Vista Transportation Phasing Plan, as amended
14
from time to time, have been reached or in order to
have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public
utilities and/or services either exceed the adopted
City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto. Public
utilities shall include, but not be limited to, air
quality, drainage, sewer and water.
iii. The required public facilities, as identified
in the PFFP or as amended or otherwise conditioned have
not been completed or constructed to the satisfaction
of the City. The Developer may propose changes in the
timing and sequencing of development and the
construction of improvements affected. In such case,
the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works
Director. The Developer agrees that the City may
withhold building permits for any of the phases of
development identified in the Public Facilities
Financing Plan (PFFP) for Otay Ranch Village Eleven SPA
if the required public facilities, as identified in the
PFFP or as amended by the A/~nual Monitoring Program
have not been completed.
b. To defend, 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 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
15
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 re~%~D~ street sweeping service, which memo shall
include a map of areas to be swept and the date the sweeping will
begin.
16
39. Condition No. 176 - (Regional Impact Fees). In
satisfaction of Condition No. 176 of the Resolution, Developer
agrees to not protest the formation of any future regional
benefit assessment district formed to finance regional
facilities· -
40. Condition No. 183 - (PFFP). In satisfaction of
Condition No. 183 of the Resolution, Developer agrees to install
all public facilities in accordance with the Village Eleven
Public Facilities Finance Plan (PFFP), or as required to meet the
Growth Management Threshold standards adopted by the City.
Developer acknowledges and agrees that the City Engineer may
modify the sequence of improvement construction should conditions
change to warrant such a revision. The Developer further agrees
to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management Ordinance) as may be amended from time to time
by the City. Said Chapter includes but is not limited to
Threshold Standards (19.09.040) Public Facilities Plan
Implementation (19.09.090) and Threshold Compliance Procedures
(19.09.100).
41. Condition No. 184 - (Interim facilities). In
satisfaction of Condition No. 184 of the Resolution, Developer
agrees that the maintenance and demolition of all interim
facilities {public facilities, utilities and improvements) is the
Developer's responsibility, and that construction and demolition
bonds will be required to the satisfaction of the City Engineer.
42. Condition No. 185 (Offsite ROW). In satisfaction of
Condition No. 185 of the Resolution, Developer agrees to acquire
offsite right of way and easements necessary to comply with the
PFFP schedule to be dedicated to the City. Developer also agrees
to bond for the off-site improvements as required by the City
Engineer.
43. Condition No. 189 - (Annual review). In satisfaction of
Condition No. 189 of the Resolution, Developer agrees that
pursuant to the provisions of the Growth Management Ordinance
(Section 19.09 of the CVMC) and the Otay Ranch General
Development Plan (GDP), and as they may be amended from time to
time, the Developer shall complete the following: (1) Fund the
preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will
analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. An annual review
shall commence following the first fiscal year in which
residential occupancy occurs and is to be completed during the
second quarter of the following fiscal year. The annual report
shall adhere to those guidelines noted on page 353, Section D of
the GDP/SRP; and (2) Prepare a five year development phasing
17
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. Condition No, 196 - (Phasing Plan). In satisfaction of
Condition No. 196 of the Resolution, Developer agrees that the
Public Facility Finance Plan or revisions thereto shall be
adhered to for the SPA and tentative map with improvements
installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista.
Developer acknowledges that the PFFP identifies a facility
phasing plan based upon a set of assumptions concerning the
location and rate of development within and outside of the
Project area; that throughout the build-out of Village Eleven
SPA, actual development may differ from the assumptions contained
in the PFFP; and that neither the PFFP nor any other Village
Eleven SPA Plan document grant the Developer an entitlement to
develop as assumed in the PFFP, or limit the Village Eleven SPA's
facility improvement requirements to those identified in the
PFFP. Developer acknowledges that compliance with the City of
Chula Vista threshold standards, based on actual development
patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern Village Eleven
SPA development patterns and the facility improvement
requirements to serve such development. In addition, Developer
acknowledges and agrees that the sequence in which improvements
are constructed shall correspond to any future Chula Vista
Transportation Phasing Plan or amendment to the Growth Management
Program and Ordinance adopted by the City and that the City
18
Engineer may modify the sequence of improvement construction
should conditions change to warrant such a revision.
46. Condition No. 198 (Code Requirements). In
satisfaction of Condition No. 198 of the Resolu%ion, 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 City Code
and Council Policy:
a. The Transportation and Public Facilities
Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not
limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Salt Creek Sewer Basin and Poggi Canyon Sewer
Basin DIF.
f. The Pedestrian Bridge DIF.
g. The FIND Model reser-~e 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
to be responsible for providing all required testing and
documentation to demonstrate said compliance as required by the
City Engineer. Developer further agrees to comply with the NOTICE
OF DECISION Design Review Committee Neighborhood R-23 (File No.
DRC-03-73) as approved on September 18, 2003.
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.
19
50. Condition No. 204 - (Code Requirements). In partial
satisfaction of Condition No. 204 of the Resolution, Developer
agrees to comply with Chapter 19.09 of the Chula Vista Municipal
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 sasisfaction or partial
satisfaction of Developer's obligation of Conditions 1-6, 8-13,
17, 22, 32, 35, 46, 48-51, 57, 83, 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 shall 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 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, wheh 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:
Shea Homes Limited Partnership,
10721 Treena Street, Suite 200
San Diego, CA 92131
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
21
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 no
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
litigaEion 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 ORE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD
R-23, CHULA VISTA TRACT NO. 01-1lA]
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 Bigelow
City Clerk
Approved as to form:
~nn Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
23
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD
R-23, CHULA VISTA TRACT NO. 01-1lA]
DEVELOPERS/OWNERS:
Shea Homes Limited Partnership, a California Limited
Partnership, its Sole Member
By: J.F. Shea LLC, a Delaware Limited Liability Company, its
General Partnem~/
Name:- ~ ~.9 __ )- Name: Paul L.L. Barnes, Asst. Secretary
(Attach Notary Acknowledgment)
24
State of Cali£omia )
) s.s.
County of San Diego )
On November 3, 2003 before me, Sarah A. Cordon, Notary Public, personally appeared John B.
Vance and Paul L.L. Barnes personally known to me to be the persons whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal. ~
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 1 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A"
Map No. 1 in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No.14559, Field in the
Office of the County Recorder of San Diego County on March 17,
2003 as File No. 2003-0293202 of Official Records.
25
EXHIBIT "B"
LIST OF SECURITIES
CV WO No Description Bond $ Bonding Company Bond
(Drawing ~ame number
#)
Landscape and
Irrigation Plans
for Village 11,
Neighborhood R-23
26
Item ~
Meeting Date: 11/18/03
COUNCIL AGENDA STATEMENT
ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista,
California, Acting in Its Capacity as the Legislative Body of Community
Facilities District No. 07-I (Otay Ranch Village Eleven) Declaring the
Results of a Special Election in Such Community Facilities District thereof
B) Ordinance of the City Council of the City of Chula Vista,
California, Acting as the Legislative Body of Community Facilities District
No. 07-1 (Otay Ranch Village Eleven) Author/zing the Levy ora Special Tax
in such Community Facilities District
SUBMITTED BY: Director of Engineering~/~
REVIEWED BY: ~ry ~wanager~d o~- (4/5ths Vote: Yes No X )
On September 16, 2003 Council approved the Resolution of Intention to establish Community
Facilities District No. 07-I (CFD-07-I) and set the public heating for October 21, 2003. On October
21, 2003 the City opened the Public Hearing and then continued the Public Hearing to November 11,
2003. On November 11, 2003 the City held the Public Hearing and considered the approval of two
Resolutions; l) to Form and Establish Community Facilities District No. 07-I(Otay Ranch Village
Eleven) and 2) declaring necessity to incur Bonded Indebtedness for the Community Facilities
District. On November 12, 2003 a special election of eligible property owners was held at the City
Attorney's office for the purpose of voting on the formation of the CFD-07-I.
Tonight's action will continue the formal proceedings by (a), certifying the election results, and (b)
introducing and waiving the first reading of the Ordinance authorizing the levy of special taxes
within CFD-07-I.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
Approve the Resolution declaring the results of a special election in such
Community Facilities District;
· Introduce the First Reading of the Ordinance, authorizing the levy of a special tax
in such Community Facilities District.
DISCUSSION:
Background
As noted above, on November 11, 2003 the City Council held a public hearing pertaining to the
formation of CFD-07-I, and the levy of special taxes and the necessity to incur a bonded
Item //'
Meeting Date: 11/18/03
indebtedness within CFD-07-I. The City Council opened the Public Hearing and the Public Hearing
was closed and Council approved the proceedings. The City Council made preliminary findings,
passed upon the protests, approved the Special Tax Report, formed CFD-07-I and authorized the
submittal to the qualified electors of within CFD-07-I of ballot measures to authorize the levy of
special taxes, authorize the issuance of bonds and establish an appropriations limit for CFD-07-I.
The public hearing was held pursuant to the provisions of the "Mello-Roos Community Facilities
Act of 1982" which allows for such CFD to be formed.
On November 12, 2003, in the City Attorney's office, the City Clerk, acting as the election official,
conducted a special election and the qualified electors of CFD-07-I, i.e., the owners of land within
CFD-07-I, voted upon the propositions to authorize the levy of special taxes on property within
CFD-07-I, to authorize the issuance of bonds of for such Community Facilities District and to
establish an appropriations limit. The City Clerk and the Special Tax Consultant presided over the
proceedings, verified the eligible voters, signatures, and presented the election ballots. The results of
the special election shows 100% of the votes were cast in favor of authorizing the levy of the
proposed special tax in each Improvement Area, the issuance of the bonds secured by such special
taxes within CFD-07-I and the establishment of an appropriations limit for CFD-07-I.
There is no direct cost to the City. The expenses related to the district administration (including
levying and collecting the special taxes) will be funded by the CFD-07-I. The ultimate security for
the bonds are the properties located within the district, not the City's General Fund or its ability to
tax property within its jurisdiction. CFD-07-I has been formed in conformance with the "City of
Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities
Districts" (CFD Policy) as adopted on December 8, 1998.
CFD-07-I is consistent with established Ordinances and Council Policies. In addition, staff has met
with the developer and City Staff to discuss their concerns, clarify the intent of the policies and
ordinances, and review the methodology for the apportionment of the special taxes. All of the issues
raised by the developer have been discussed and solutions, satisfactory to all parties, have been
incorporated in the "Rate and Method of Apportionment" (RMA).
District Boundaries
Exhibit l illustrates the amended boundaries of the proposed CFD-07-I. The parcels within CFD-07-I
are owned by the two major builders, Brookfield, Shea or the combined entity: Brookfield Shea Otay
LLC. The Brookfield Shea Otay Village Eleven project, currently known as Otay Ranch Village
Eleven. is bounded on the south and east by Hunte Parkway, a curving arterial from south to
northeast, the north edge is formed by Olympic Parkway and to the west is the extension of the
EastLake Parkway.
At buildout, them will be some 1,367 single-family detached residential units, approximately 581
single-family attached units, 315 multifamily apartment units, and a 10 acre Mixed Use site for
Residential and Commercial Use, four Parks, two CPF sites and two school sites.
Item L~
Meeting Date: 11/18/03
The Improvements
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, landscaping, utilities, etc), and certain "Traffic Enhancement" facilities.
Following is a general description of the proposed facilities:
· Hunte Parkway
· EastLake Parkway
· Kestral Falls Road
· Hidden Path Drive
· Windingwalk Street
· Discovery Falls Drive
· Birch Road
· Exploration Falls Drive
· Crossroads Street
· Evening Star Street
In addition to the above improvements, this CFD's bonding capacity maybe used for certain "Traffic
Enhancement "facilities within the greater eastern territories of Chula Vista. These transportation
facilities will be traffic capacity adding improvements and could include the following projects:
· Telegraph Canyon Road East ofi-805
· 1-805/Telegraph Canyon Road an additional on-ramp lane to 1-805
· Heritage Road(Olympic Parkway to Main Street)
· 1-805/H Street additional on-ramp lane to 1-805
In addition to the above facilities, this CFD's bonding capacity maybe used to pay for other public
facilities to be financed by any of the Development Impact Programs required to be paid as a
condition of approval of the development of the property within the proposed boundaries of CFD-07-
I.
Preliminary estimates show that the maximum tax revenue (using the proposed taxes) from all the
taxable properties would support a total bonded indebtedness of approximately $39 million
(assuming a 6.75% interest rate and a 30~year term on the bonds). Currently the project principal
amount of the bonds would amount to $39 million and will finance approximately $31.8 million in
facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc). The balance provided
would provide for a reserve fimd, capitalized interest and pay district formation and bond issuance
costs.
As noted above, it is currently estimated that only $39 million will be available for funding by this
district. However, the district will be sized for $45 million to give the City flexibility in sizing the
bonds and to take advantage of lower interest rates should they occur at the time the bonds are sold.
A final priority list and cost estimates for each of the eligible improvements for CFD-07-I financing
Item ~
Meeting Date: 11/18/03
will be brought later to Council in conjunction with the Acquisition/Financing Agreement and other
bond documents.
The City may, in its sole discretion, elect to authorize and make the proceeds of any series of bonds
issued for the District available to pay that portion of the cost of construction or the purchase price
for the acquisition of Improvements for Traffic Enhancement Facilities which is allocable to the
developer. This could result in the revision of the facilities priority structure for the utilization of
such proceeds.
Ultimately, as subdivision exactions, the developer will finance the other required improvements that
CFD-07-I district cannot finance. In addition, the proposed CFD lies within the City of Chula
Vista's Transportation Development Impact Fee (TDIF) benefit area that places a cap on the CFD's
ability to finance certain TDIF improvements. Staff and the consultant team are working with the
developer to maximize the TDiF facilities eligible to be financed by CFD-07-I
The actual amount to be financed by CFD-07-I would depend upon a number of factors including
final interest rate on the bonds and the value to lien ratio. The bond sale amount and may be higher
or less than the $39 million mentioned above.
The Resolutions/Ordinance
There is one Resolution and one Ordinance on today's agenda, which, if adopted, will
accomplish the following:
A) RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR
Community Facilities District No 07-I (Otay Ranch Village Eleven) and perform the following:
· Certify the election results
B) The ORDINANCE is the first reading of an Ordinance by the City Council acting as the
legislative body of CFD-07-I authorizing the levy of a special tax in such CFD.
Notice
'The property owners within the district were notified of the election and voting procedures and
the election took place on November 12, 2003 in the City Attorney's office. The summary of the
Ordinance has been prepared by the City Clerk and will be published in the Chula Vista Star
News between the first and second reading of the Ordinances for CFD-07-I.
Future Actions
On November 25, 2003 the City Clerk shall place the second reading on the City Council's
agenda and upon approval the City Clerk will then cause the publication of a summary of the
Ordinance in an adjudicated newspaper of general circulation. In early February 2004, the City
Council will consider the formal actions approving the necessary bond documents pertaining to
Meeting Date: 11/18/03
CFD-07-I. These documents will be the Acquisition and Financing Agreement, Preliminary
Official Statement, Bond Indenture, Market Absorption Analysis, Appraisal, and other pertinent
documents related to the bond sale.
Fiscal Impact:
There will be no direct fiscal impact to the City. The developer will pay all formation costs and has
deposited money to fund initial consultant costs, and City costs in accordance with the approved
Reimbursement Agreement. The City will receive the benefit of the full cost recovery for stafftime
involved in district formation and administration activities. Staff anticipates that most of the CFD-
07-I administration will be contracted out. The CFD administration cost is estimated at $75,000
annually.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1%) of the total bond authorization. Said
requirement will be memorialized in the Acquisition/Financing Agreement that will be brought to
Council at a later date. Based on a series of bond sales, in a total aggregate amount of $39 million,
said monetary compensation would be $390,000. Said amount shall be paid prior to each individual
bond sale and will be deposited into the General Fund. The CFD Policy also stipulates that said
compensation is not eligible for financing by CFD-07-I.
Attachments:
Exhibit 1: Recorded Amended Boundary Map for CFD-07-I.
J:\EngineerXAGENDA\CAS l l-18-03(Final Revised l[-10-03).doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTiNG 1N ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH
VILLAGE ELEVEN) DECLARING THE RESULTS OF A SPECIAL
ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to create and did establish a Community
Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities
Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State
of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES
DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN) (the "District"); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the District separate propositions relating to the levy of special taxes
within the District, the issuance of bonds to be secured by the levy of special taxes within the
District and the establishment of an appropriations limit for the District; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN), DOES HEREBY RESOLVE,
DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk,
acting in her capacity as the Election official, said Statement setting forth the number of votes
cast in the election, the measures voted upon, and the number of votes given for and/or against
the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked
Exhibit "A", referenced and so incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of Califomia~ to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
PREPARED BY: APPROVED AS TO FORM BY:
Clifford Swanson Ann Moore
Director of Engineering City Attorney
J:\Attomey\reso\CFD\Res Declar Elect/on Results CFD 07-1
2
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07-I
(OTAY RANCH VILLAGE ELEVEN)
SPECIAL ELECTION
in said City, held November 12, 2003.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said
District in said City, and the whole number of votes cast for the Measures in said District in said City,
and the totals of the respective columns and the totals as shown for the Measures are full, tree and
correct.
1. VOTES CAST ON PROPOSITION A: YES
NO
2. VOTES CAST ON PROPOSITION B: YES
NO
3. VOTES CAST ON PROPOSITION C: YES
NO
WITNESS my hand this day of ,2003.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATWE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN)
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors authorizing the levy of special taxes in a
community facilities district, all as authorized pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5
of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of
Chun Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
(the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District is designated as COMMUNITY
FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 07-I (Otay Ranch Village Eleven), does hereby ordain as
follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in the District pursuant to the Rate and Method
of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Rate and Method").
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied within the
District for the then current tax year or future tax years; provided, however, the special tax to be
levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and
Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ad valorem property taxes and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4. The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State
of California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and canceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
_, 2O03;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on
the __ day of _, 2003, by the following vote:
AYES:
NOES:
ABSTAiN:
ABSENT:
ATTEST APPROVED AS TO FORM:
Clifford Swanson Ann Moore
Director of Engineering City Attorney
J:Attomey\Ordinance\Ord Authorize Levy of special Tax CFD 07-1
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 07-I
(Otay Ranch Village Eleven)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable
Property within the City of Chula Vista Community Facilities District No. 07-I (Otay Ranch
Village Eleven), and collected each Fiscal Year commencing in Fiscal Year 2004-2005 in an
amount determined by the City Council through the application of the appropriate Special Tax
for "Developed Property," "Approved Property", "Undeveloped Property" and "Provisional
Undeveloped Property" as described below. All of the Taxable Property within CFD-07-I, shall
be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"'A' Map" shall mean a master final subdivision or parcel map, filed in accordance with
the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land
or a portion thereof shown on a tentative map into "super block" lots corresponding to
units or phasing of combination of units as shown on such tentative map and which may
further show Community Purpose Facility Property, Property Owner Association
Property, Public Property, open space lot dedications, backbone street dedications and
utility easements required to serve such "super block" lots.
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not sho~xm on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of
survey, or other recorded document creating or describing the land area. If the preceding
maps for a land area are not available, the Acreage of such land area shall be determined by
the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Fees and Expenses" means the actual or reasonably estimated costs
directly related to the administration of CFD-07-I including, but not limited th, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City or designee thereof or both); the costs of
collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of
remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal
counsel) in the discharge of the duties required of it under the Indenture; the costs to the
Cj_ty,_CF~D.-07-I, 0r any designee thereof of complying with arbitrage rebate requirements
and/or responding to any audit of the Bonds by the Internal Revenue Service; the costs to
the City, CFD-07-I, or any designee thereof of providing continuing disclosure; the costs of
the City, CFD-07-I or any designee thereof of preparing Special Tax disclosure statements
and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-
City of Chula Vista ~/ / ~ 12-02-2002
Community Facilities District No. 07-1, ~ Revise 8-25-03
Otay Ranch Village Eleven Page 1
07-I, or any designee thereof related to any appeal of the levy or application of the Special
Tax; and the costs associated with the release of funds from an escrow account, if any.
Administrative Expenses shall also include amounts estimated or advanced by the City or
CFD-07-I, for any other administrative purposes, including, but not limited to attorney's
fees and other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are
included in an 'A' Map, excluding lettered lots thereon, or a Final Subdivision Map,
excluding lettered lots thereon, that were recorded prior to January 1st for the Fiscal Year
ending July 31, 2005, and prior to March 1st for each subsequent Fiscal Year thereafter
preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not
been issued a building permit prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property as determined in accordance with Section C.1 .a.
"Available Funds" means (a)the balance in the reserve fund established pursuant to the
terms of the Indenture in excess of the reserve requirement as defined in such Indenture,
(b)delinquent Special Tax payments not required to fund the Special Tax Requirement for
any preceding Fiscal Year, (c) that portion of Special Tax prepayments allocated to the
payment of interest on Bonds, and (d) other sources of funds available as a credit to the
Special Tax Requirement as specified in such Indenture.
"Backup Special Tax" means the Special Tax as determined in accordance with Section
C.l.b.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued or incurred by CFD-07-I under the Act.
"Bond Year" means a one~year period beginning on September 2nd in each year and
ending on September 1st in the following year, unless defined otherwise in the applicable
Indenture.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD-07-I" means City of Chula Vista Community Facilities District No. 07-1.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-I, ~, /'~ Revise &2S-OS
Ota? Ranch Village Eleven Page 2
"City" means the City of Chula Vista.
"Community Purpose Facility Property" means all Assessor's Parcels which are (a)
classified as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated on an "A"
Map or a Final Subdivision Map as a community purpose facility.
"Council" means the City Council of the City, acting as the legislative body of CFD-07-I.
"County" means the County of San Diego.
"Density" means for each Assessor's Parcel of Residential Property the number of
Dwelling Units per gross acre determined pursuant to those provisions of Ordinance No.
2866, in effect as of January 7, 2003, that provide for the calculation of density for
purposes of calculating Transportation Development Impact Fees.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a
building permit has been issued prior to March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Dwelling Unit" means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential
dwelling units.
"Exempt Property" means all Assessor's Parcels that are exempt from the Special Tax
pursuant to Section E. 1.
"Final Subdivision Map" means a subdivision of property, created by recordation of a
final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
individual lots for which residential building permits may be issued without further
subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolut/on or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any insmanent replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 of Section C.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined
in accordance with the provisions of Section C, which may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-1, ~ ~ [ ~' Revise8-25-03
Ota), Ranch Village Eleven :r [ Page 3
"Mixed Use Property" means all Assessor's Parcels that have been classified by the City
to allow both Residential Property and Non-Residential Property uses on each such
Assessor's Parcel. For an Assessor's Parcel of Mixed Use Property, each Land Use Class
thereon is subject to taxation pursuant to the provisions of Section C regardless of the
geographic orientation of such Land Use Classes on such Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property, for
which a building permit(s) has been issued to allow the construction of one or more
buildings or structures for a non-residential use, excluding Community Purpose Facility
Property.
"Open Space" means property within the boundaries of CFD 07-I in which prior to June
1st of the preceding Fiscal Year (a) has been designated with specific boundaries and
acreage on an 'A' Map or Final Subdivision Map as open space, (b) is classified by the
County Assessor as open space, (c) has been irrevocably offered for dedication as open
space to the federal government, the State of California, the County, the City, or any other
public agency or (d) is encumbered by an easement or other restriction required by the
City limiting the use of such property to open space.
"Outstanding Bonds" means all Bonds, which remain outstanding as defined in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD-07-I which is (a) owned by a property owner association or (b) is designated with
specific boundahes and acreage on an 'A' Map or Final Subdivision Map as property
owner association property. As used in this definition, a property owner association
includes any master or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors'
Parcels of the Developed Property. For Approved Property, Undeveloped Property and
Provisional Undeveloped Property "Proportionately" means that the ratio of the actual
Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all
Assessor's Parcels of like classification.
"Provisional Undeveloped Property" means all Assessor's Parcels of Public Property,
Property Owner Association Property, Community Purpose Facility Property, Open Space
B. .~ or other property that would otherwise be classified as Exempt Property pursuant to the
provisions of Section E, but cannot be classified as Exempt Property because to do so
] would reduce the Acreage of all Taxable Property below the required minimum acreage as
~ set forth in Section E. 1 for Zone A or Zone B as applicable.
"Public Property" means any property within the boundaries of CFD-07-1 which (a) is
owned by a public agency, (b) has been irrevocably offered for dedication to a public
agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final
Subdivision Map as property which will be owned by a public agency. For purposes of
City of CiO, of Chula Vista _, 12-02- 2002
Comm, Community Facilities District No. 07-1, ~ ",Jr;9 Revise 8-25-03
Otay R! Otay Ranch Village Eleven / t-~ Page 4 _
this definition, a public agency includes the federal government, the State of California,
the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued to allow the construction of one or more buildings or
structures for use as residential dwelling units.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount of Special Tax revenue required in any
Fiscal Year for to: (i) pay annual debt service on all Outstanding Bonds due in the Bond
Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds,
including but not limited to, credit enhancement and rebate payment; (iii) pay
Administrative Fees and Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay
directly for acquisition andJor construction of public improvements which are authorized
to be financed by CFD-07-I provided that the inclusion of such amount does not cause an
increase in the levy of Special Tax on the Undeveloped Property; less (vi) a credit for
Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD
07-1 that are not exempt fi.om the Special Tax pursuant to law or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified
as Developed Property, Approved Property or Provisional Undeveloped Property.
"Zone A" means a specific geographic area as depicted in Exhibits A and B attached
hereto.
"Zone B" means a specific geographic area as depicted in Exhibits A and B attached
hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessors' Parcels of Taxable Property within CFD-07-I shall be (a)
categorized as being located in either Zone A or Zone B, (b) classified as Developed
Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property
and (c) subject to the levy of annual Special Taxes detennined pursuant to Sections C and
D below. Developed Property shall be further classified as either Residential Property,
Non-Residential Property or Mixed Use Property. The Land Use Class of each Assessor's
Parcel of Residential Property or Mixed Use Property shall be determined based on its
Density.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-I, ¢ ~ / ~ Revise 8-25-03
Ota? Ranch Village Eleven Page 5
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed ProperW
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property, Non-Residential Proper~y or Mixed Use Property shall be the g~eater of (I)
the Assigned Special Tax described in Section a. below or (2) the Backup Special
Tax computed pursuant to Section b. below.
a. Assigned Special Tax
The Assigned Special Tax for each Land Use Class of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Proper~y
Within Zone A and Zone B:
Land
Use Description Density. Assigned Special Tax
Class (DU/Acre)
I Residential 0 to 8 $1,675 per Dwelling Unit
Property
2 Residential >8 to 20 $1,340 per Dwelling Unit
Property
3 Residential >20 $1,005 per Dwelling Unit
Property
4 Non N/A $6,000 per Acre
Residential
Property
The Assigned Special Tax for each Assessor's Parcel of Mixed Use Property
shall equal the total of(i) the Assigned Special Tax that would be applicable to
such Assessor's Parcel if it was classified only as Residential Property and (-ii)
the Assigned Special Tax that would be applicable to such Assessor's Parcel if
it was classified as Non-Residential Property.
b. Backup SpecialTax
When a Final Subdivision Map is recorded within Zone A or Zone B, the Backup
· - - Special Tax for Residential Property and Non-Residential Property, shall be
determined as follows:
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-L / f~
Revise
8-25-03
Ota? Ranch Village Eleven [ Page 6
For each Assessor's Parcel of Residential Property or Undeveloped Property and
Approved Property to be classified as Residential Property upon its development
within the Final Subdivision Map area, the Backup Special Tax shall be the rate per
Dwelling Unit calculated according to the following formula:
Zone A
$13,955 x A
U
Zone B
$24,218 x A
U
The terms above have the following meanings:
B = Backup Special Tax per Dwelling Unit in each Fiscal Year.
A = Acreage classified or to be classified as Residential Property in
such Final Subdivision Map.
U = Number of Dwelling Units in the Final Subdivision Map which are
classified or expected to be classified as Residential Property.
For each Assessor's Parcel of Developed Property classified as Non-Residential Property
or for each Assessor's Parcel of Approved or Undeveloped Property to be classified as
Non-Residential Property within the Final Subdivision Map area, the Backup Special Tax
shall be determined by multiplying $13,955 for Zone A and $24,218 for Zone B by the
total Acreage of any such Assessor's Parcel.
For each Assessor's Parcel of Mixed Use Property, the Backup Special Tax shall be
determined by multiplying $13,955 for Zone A and $24,218for Zone B by the total
Acreage of any such Assessor's Parcel.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, , Non-
Residential Property, Mixed Use Property, Approved Property or Undeveloped Property
for which the Backup Special Tax has been determined are subsequently changed or
modified by recordation of a new or amended Final Subdivision Map, then the Backup
Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the
amount of Backup Special Tax that would have been generated if such change did not take
place.
City of Chula Vista I-~ 12-02- 2002
Community Facilities District No. 07-L & ~,~ Revise 8-25-03
Ota? Ranch Village Eleven Page 7
2. Approved Property
The Maximum Annual Special Tax for each Assessor's Parcel o£Approved Property shall
be $13,955 per Acre £or Zone A and $24,218 per Acre for Zone B.
3. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property and
Provisional Undeveloped Property shall be $13,955 per Acre for Zone A and $24,218 per
Acre for Zone B.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004-2005 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Developed Property at a rate
up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on all
Approved Property at up to 100% of the Maximum Annual Special Tax for Approved
Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied Proportionately on all
Undeveloped Properly within Zone A and Zone B, at a rate up to 100% of the Maximum
Annual Special Tax for Undeveloped Property. In determining the Acreage of an
Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special
Tax to be levied on such Assessor's Parcels of Undeveloped Property, the CFD
Administrator shall not include any Acreage shown on any applicable tentative subdivision
map or other land use entitlement approved by the City that designates such Acreage for a
use that would be classified as Open Space, Property Owner Association Property,
Community Purpose Facility or Public Property.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax to be levied on each Assessor's
Parcel of Developed Property whose Maximum Annual Special Tax is derived by the
application of the Backup Special Tax shall be increased Proportionately from the
Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's
Parcel.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-1, ~/ / ~/ (~;) Revise 8-25-03
Otay Ranch Village Eleven ] Page 8
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first
four steps have been completed, then the Special Tax shall be levied Proportionately on all
Provisional Undeveloped Property at a rate up to 100% of the Maximum Annual Special
Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as
a consequence of delinquency or default in the payment of Special Taxes by the owner of
any other Taxable Property.
E. EXEMPTIONS
1. The CFD Administrator shall classify the following as Exempt Property: (i)
Public Property, (ii) Property Owner Association Property, (iii) Community
Purpose Facility Property, (iv) Open Space and (v) Assessor's Parcels with public
or utility easements making impractical their utilization for other than the
purposes set forth in the easement; provided, however, that no such classification
shall reduce the sum of all Taxable Property to less than 147.15 Acres for Zone A
and 59.04Acres for Zone B. Assessor's Parcels which cannot be classified as
Exempt Property because such classification would reduce the Acreage of all
Taxable Property to less than 147.15 Acres for Zone A and 59.04 Acres for Zone
B will be classified as Provisional Undeveloped Property and shall be taxed
pursuant to the fifth step of Section D. Exempt status for purposes of this
paragraph wilt be assigned by the CFD Administrator in the chronological order
in w~ch property becomes Exempt Property. In the event the Taxable Property
will be reduced below the minimum Acreage noted above for either Zone A or
Zone B as a result of the recordation of a single "A" Map, the CFD Administrator
shall classify property within Zone A or Zone B that is shown on such "A" Map
as Exempt Property up to the limits of Exempt Property applicable to such Zone
or Zones in the following priority order: 1) Community Purpose Facility Property,
2) Property Owner Association Property, 3) Public Property, 4) Open Space, 5)
other public or utility easements making impractical their utilization for no other
such purpose.
2. The Maximum Annual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but
wh/ch is classified as Provisional Undeveloped Property pursuant to E.1 .above
shall be prepaid in full by the seller pursuant to Section H.1, prior to the
transfer/dedication of such property to such public agency. Until the Maximum
Annual Special Tax obligation for any such Public Property is prepaid, the
property shall continue to be subject to the levy of the Special Tax as Provisional
Undeveloped Property.
3. If the use of an Assessor's Parcel of Exempt Property changes so that such
Assessor's Parcel is no longer classified as one of the uses set forth in paragraph I
that would make such Assessor's Parcel eligible to be classified as Exempt
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-1, ; ~ Revise 8-25-03
Otay Ranch Village Eleven ~'~ Page 9
Property, such Assessor's Parcel shall cease to be classified as Exempt Property
and shall be deemed to be Taxable Property.
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such
error. If following such consultation, the CFD Administrator determines that an error has
occurred the CFD Administrator may amend the amount of the Special Tax levied on such
Assessor's Parcel. If following such consultation and action (if any by the CFD
Administrator), the landowner or resident believes such error still exists, such person may
file a written notice with the City Clerk of the City appealing the amount of the Special Tax
levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall
forward a copy of such notice to the City Manager who shall establish as part of the
proceedings and administration of CFD-07-I a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee
shall interpret this Rate and Method of Apportionment and make determinations relative to
the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review/Appeal Committee shall be final and binding
as to all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD-07~I, may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of
Special Taxes.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
"CFD Public Facilities" means those public facilities authorized to be financed by CFD-
07-1.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-1, Revise 8-25-03
Otay Ranch Village Eleven Page 10
"CFD Public Facilities Costs" means either $35 million, or such lower number as shall be
determined either by (a) the CFD Administrator as sufficient to finance the CFD Public
Facilities, or (b) the Council concurrently with a covenant that it will not issue any more
Bonds to be secured by Special Taxes levied under this Rate and Method of
Apportionment.
"Constroction Fond" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct the CFD Public
Facilities.
"Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of
the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously
issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to
the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of
the proceeds of all previously issued Bonds then on deposit in the Construction Fund.
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property or
Approved Property for which a building permit has been issued, or Provisional
Undeveloped Property. The Maximum Annual Special Tax obligation applicable to such
Assessor's Parcel may be fully prepaid and thc obligation of the Assessor's Parcel to pay the
Special Tax permanently satisfied as described herein; provided, however that a prepayment
may be made only if there are no delinquent Special Taxes with respect to such Assessor's
Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the
Maximum Annual Special Tax obligation shall provide the CFD Administrator with written
notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD
Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel.
The CFD Administrator may charge a reasonable fee for providing this figure, which can be
collected prior to preparing such calculation.
The prepayment amount shall be calculated as summarized below (capitalized terms as
defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Prepayment Fees and Expenses
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-1, £~'
~ ~ Revise 8-25-03
Otay Ranch Village Eleven [ ~ Page 11
less Reserve Fund Credit
less Capitalized Interest Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Step No.:
1. For Developed Property, compute the Maximum Annual Special Tax for the
Assessor's Parcel to be prepaid. For Assessor's Parcels of Approved Property or
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
that Assessor's Parcel as though it was already designated as Developed Property,
based upon the building permit issued for that Assessor's Parcel. For Assessor's
Parcels of Provisional Undeveloped Property to be prepaid, compute the Maximum
Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special
Tax for Provisional Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to stepl by the sum of
the total expected Maximum Annual Special Tax revenues which may be levied
within CFD-07-I excluding any Assessors Parcels for which the Maximum Annual
Special Tax obligation has been previously prepaid.
3. Multiply the quotient computed pursuant to step 2 by the principal mount of the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to step 3 by the
applicable redemption premium(s) on the next possible Bond call date, if any, onthe
Outstanding Bonds to be redeemed (the "Redemption Premium").
5. If all the Bonds authorized to be issued by CFD-07-I have not been issued, then
compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to step 2 by the amount if any, determined
pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to
such Assessor's Parcel (the "Future Facilities Amount").
City of Chula Vista 12-02- 2002
Community Faci.a'es District No. 07-I, ~ . ~ Revise 8-25-03
Otay Ranch Village Eleven Page 12
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been paid.
10. Determine the fees and expenses of CFD-07-I, including but not limited to, the costs
of computation of the prepayment, the costs to invest the prepayment proceeds, the
costs of redeeming Bonds from the proceeds of such prepayment, and the cost of
recording any notices to evidence the prepayment and the redemption
(the"Prepayment Fee and Expenses").
11. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the prepayment amount, less the Prepayment Fees and Expenses,
pursuant to step 10, from the date of prepayment until the redemption date for the
Outstanding Bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount
computed pursuant to step 11 (the "Defeasance Amount").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest payment following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed pursuant to
step 2 by the expected balance in the capitalized interest fund after such first interest
payment (the "Capitalized Interest Credit").
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to
steps 13 and 14 (the "Prepayment Amount").
16. From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 13
and 14 shall be deposited into the appropriate fund as established under the Indenture
and be used to retire Outstanding Bonds or make debt service payments. The amount
computed pursuant to step 10 shall be retained by CFD-07-I. The amount computed
pursuant to step 6 shall be deposited in the Construction Fund.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-I, ~4: ¢ Revise 8-25-03
Otay Ranch Village Eleven ! [ Page 13
The prepayment amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under step 9 above, the CFD Administrator shall remove the current Fiscal Year's Special
Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
both prior to and after the proposed prepayment is at least 1.1 times the maximum annual
debt service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building
permit has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as presented in Section H. 1; except that a partial prepayment shall be calculated
according to the following formula:
PP = (PE x F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees
and Expenses determined pursuant to step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Prepayment Fees and Expenses determined pursuant to step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing tiffs service.
City of Chula Vista 12-02- 2002
Community Facilit~'es District No. 07-I, ~ ~ ~ Revise 8-25-03
Otay Ranch Village Eleven Page 14
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to step 16 of Section H.1, and (ii) indicate in the records
of CFD-07-I that there has been a partial prepayment of the Maximum Annual Special Tax
and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage
(1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized
to be levied on such Assessor's Parcel pursuant to Section D.
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2004-2005
to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for
a period no longer than the 2043-2044 Fiscal Year.
City of Chula Vista 12-02- 2002
Community Facilities District No. 07-1, / / ~ ~ Revise8-25-03
Otay Ranch Village Eleven '-'f c~'~ Page 15
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/18/2003
ITEM TITLE: Resolution Amending the FY 03-04 Police Department budget
by appropriating $80,200 in Supplies and Services/Capital based upon
unanticipated revenues from donations made to the Animal Care Facility.
SUBMITTED BY: Chief of Polica~-.'~
BY: City Manager,S%0/ (4/5th Vote: Yes X No
REVIEWED
The Animal Care Facility had received $80,200 in donations over the last two years. These
donations were held in a donation account until it could be determined what items/programs were
needed at the new facility. Staff has identified a variety of critical items to be purchased to aid
animal care facility operations.
RECOMMENDATION: Council adopt the resolution amending the FY 03-04 Police Department
budget by appropriating $80,200 in Supplies and Services/Capital based upon unanticipated revenues
from donations made to the Animcal Care Facility.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Over the last two years, the Animal Care Facility has received over $80,000 in
donations from citizens throughout the County. These donations were held in a deposit account in
anticipation of the opening of the new Animal Care Facility last year. The new Animal Care Facility
Manager has worked with staff to identify critical purchases needed to support ongoing programs as
well as projects that are now just starting. The following table details the items to be purchased with
these funds:
Rabbit Enclosure Animal Care $12,500
Copy Machine Office Equipment $10,000
3 Computers/Licenses Animal Care Administration $7,700
Office Equipment Mist Office Equipment $7,500
Industrial Rapid Dish Washer Animal Care $4,000
Facility Signage/Flag Pole Facility Modification $3,000
Educational Videos/TV/VCR Public Education $1,950
Benches Adoption Area Equipment $1,600
Retail Area Conversion Retail Shop $1,500
Medical Equipment Animal Cam $1,000:
Cat Interaction Holodeck Animal Care $1,000
REMAINING $28,450
Page 2, Item
Meeting Date 11/18/03
The purchases listed above will address the immediate issues at the Animal Care Facility. After the
above purchases are complete and implemented, staffwill examine other needs for the Animal Care
Facility and make appropriate expenditures. These donations are important to Animal Care Facility
operations, as the department is unable to utilize police oriented grants (i.e. LLEBG, SLESF, etc) to
support the Animal Care Facility and the items purchased will aid the Animal Care Facility in
achieving it's goal of reducing euthanasia and increasing adoptions..
FISCAL IMPACT: There is no fiscal impact to the general fund, as all purchases will utilize
donated funds.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 03-04 POLICE
DEPARTMENT BUDGET BY APPROPRIATING $80,200 IN
SUPPLIES AND SERVICES/CAPITAL BASED UPON
UNANTICIPATED REVENUES FROM DONATIONS MADE TO
THE ANIMAL CARE FACILITY.
WHEREAS, the Animal Care Facility has received $80,200 in donations
from citizens throughout the County; and,
WHEREAS, the Animal Care Facility staff has identified important items to
be purchased with these donated funds to support current and new programs at
the Animal Care Facility; and,
WHEREAS, these items will aid the Animal Care Facility in achieving it's
goal of reducing euthanasia and increasing adoptions;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby amend the FY 03-04 Police Department budget by
appropriating $80,200 in Supplies and Services/Capital based upon
unanticipated revenues from donations made to the Animal Care Facility.
Presented by: Approved as to form by:
~caer~'i~fEmers°n ~int~ AM~°o°r rnee y
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/18/2003
ITEM TITLE: Resolution Amending the FY 03-04 Police Department budget
by appropriating $88,127 in Capital based upon Local Law Enforcement
Block Grant 2001 revenue.
BY: Chief of PoliceV]~~
SUBMITTED
REVIEWED BY: City ManagerO~rrl)~ (4/5th Vote: Yes X No
The Police Department is requesting to appropriate $88,127 to make the final payment to Cross
Current for a CAD upgrade.
RECOMMENDATION: Council adopt the resolution amending the FY 03-04 Police Department
budget by appropriating $88,127 in Capital based upon Local Law Enforcement Block Grant 2001
revenue.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Council awarded Cross Current this project to upgrade to the CAD system in
March 2002. The appropriation of $88,127 would allow the department to make the final payment
necessary to complete this project. The upgrade allows the CAD system to seamlessly interface with
the new Orion mapping sof~vare. This allows dispatchers to instantly call up maps from the location
of the 911 call. In conjunction with Automatic Vehicle Location software (to be added in the
future), dispatchers will not only be able to see from where the call is originating, but also where the
closest available units are located. The entire project was budgeted under LLEBG 2001.
FISCAL IMPACT: The resolution does not have a fiscal impact to the general fund. The grant
funding is sufficient to offset the cost of this project.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 03-04 POLICE
DEPARTMENT BUDGET BY APPROPRIATING $88,127 IN
CAPITAL BASED UPON LOCAL LAW ENFORCEMENT
BLOCK GRANT 2001 REVENUE.
WHEREAS, the police department is currently performing vital upgrades
to the Computer Aided Dispatch software; and,
WHEREAS, the City Council had previously adopted Council Resolution
#2002-087 authorizing Cross Current to perform specific upgrades to the Police
Department CAD; and,
WHEREAS, the final payment to Cross Current Corporation is due to
complete the project;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby amend the FY 03-04 Police Department budget by
appropriating $88,127 in Capital based upon Local Law Enforcement Block Grant
2001 revenue.
Presented by: Approved as to form by:
Richard P. Emerson '"' Ann Moore
Police Chief City Attorney
COUNCIL AGENDA STATEMENT
Item l~;/
Meeting Date: 11/18/03
ITEM TITLE: Resolution Approving a Subcontract between the City and The YMCA
of San Diego County, Youth & Family Services-School Outreach Services
for the provision of extended after-school program hours at Hilltop and
Castle Park Middle Schools, amending the FY04 Recreation Department
budget by appropriating $6,798 in unanticipated revenue, and authorizing the
Mayor to execute said agreement
SUBMITTED BY: Director of Recreation...f~/.,.t,A
REVIEWED BY: City Manager ~f(~--~?o/ (4/Sths Vote: Yes ~ No __ )
The YMCA Youth and Family Services has awarded the City, through its Recreation Department, a
$6,798 contract for the provision of enhanced after-school programming at Castle Park Middle
School and Hilltop Middle School. The funding is part of a grant applied for and received by the
Chula Vista Youth Coalition from the County of San Diego Critical Hours funding. The YMCA is
the designated fiscal agent for the grant, and, as such, is subcontracting various services to be
provided by several Youth Coalition members.
RECOMMENDATION: That Council adopt the resolution approving a Subcontract between the
City and The YMCA of San Diego County - Youth and Family Services for the provision of
extended after-school program hours at Hilltop and Castle Park Middle Schools, amending the FY04
Recreation Department budget by appropriating $6,798 in Personnel Services based on unanticipated
revenue, and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In 1999 the Chula Vista Youth Coalition applied for Critical Hours funding from the County of San
Diego for middle school after-school programs. In the fall of 1999 the County approved the grant
request and funding was authorized to the YMCA Youth and Family Services as the designated
fiscal agent. The grant has been renewed annually thereafter. The YMCA subcontracts with several
Youth Coalition member agencies, including the City, for the provision of these services.
The Recreation Department is currently budgeted to provide after-school program services for three
days per week at Hilltop and Castle Park Middle Schools. The Critical Hours grant of $ 6,798 will
be used to provide after-school services for two additional days per week, for a total of five days per
H:\home\parksrec~A1131critical hrs.subcontract
1
week for the entire school year, at each school.
FISCAL IMPACT: There is no net impact to the General Fund. The YMCA is subcontracting
with the City for $6,798 for additional after-school hours at each of the two school sites (Castle Park
and Hilltop Middle Schools). The FY 03-04 budget for the Recreation Department needs to be
amended, to appropriate $6,798 for part-time staff hours and related costs. The YMCA will
reimburse the City for expenses following the submittal of invoices with supporting documentation.
Attachment: "A" - Subcontract between the YMCA of San Diego County and the City of Chula Vista
H:\home\parksrec~A1131critical hrs.subcontract
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SUBCONTRACT BETWEEN
THE CITY AND THE YMCA OF SAN DIEGO COUNT YOUTH
AND FAMILY SERVICES FOR THE PROVISION OF
EXTENDED AFTER SCHOOL PROGRAM HOURS AT
HILLTOP AND CASTLE PARK MIDDLE SCHOOLS AND
AMENDING THE FISCAL YEAR 2004 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $6,798 IN
UNANTICIPATED REVENUE, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the YMCA and the City desire to work cooperatively to operate and expand
the Critical Hours Program to provide after school services to students at Castle Park and Hilltop
Middle Schools; and
WHEREAS, the YMCA is the designated fiscal agent for a County of San Diego Critical
Hours grant, and, as such, is subcontracting various services to be provided by several entities; and
WHEREAS, the purpose of the Critical Hours Program is provide after school services
during the hours most parents work at Castle Park and Hilltop Middle Schools; and
WHEREAS, the YMCA has awarded the City of Chula Vista (Recreation Department) a
$6,798 contract to provide sports and other recreational activities to students after school at Castle
Park and Hilltop Middle Schools; and
WHEREAS, the purpose of this agreemem is to establish a formal working relationship
between the parties, based upon the intent of policy set by the San Diego County Board of
Supervisors, the County of San Diego Health and Human Services Agency and the YMCA in the
awarded Critical Hours Program contract.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby amend the Fiscal Year 2004 budget for the Recreation Department by $6,798 in
unanticipated revenue and approves an agreement between the YMCA and the City to administer
the grant and provide extended after school programs.
Presented by Approved as to form by
~o~.-_ '7,
Buck Martin Ann Moore
Recreation Director City Attorney
J:Attomey/Reso/Ag~eemenffYMCA Agreement 2004
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated: I [- t z - ~ $
Subcontract between the YMCA of San Diego County
Youth & Family Services - School'Outrea~h Services
and the City of Chula Vista
SUBCONTRACT BETWEEN
THE YMCA OF SAN DIEGO COUNTY,
YOUTH & FAMILY SERVICES - SCHOOL OUTREACH SERVICES
AND
THE CITY OF CHULA VISTA
This Subcontract, entered into on this day of __ 2003, by and between the
YMCA of San Diego County - Youth & Family Services, a California Non-Profit Public
Benefit Corporation, 4080 Centre Street, #101, San Diego, CA 92103, hereinafter
referred to as YMCA and the City of Chula Vista, 276 - 4t~ Ave, Chula Vista, CA 91910
hereinafter referred to as the City.
WITNESSETH
WHEREAS, the YMCA and the City desire to work cooperatively to operate and
expand the Critical Hours Program to provide after school services to students at Castle
Park and Hilltop Middle Schools, which are part of the Sweetwater Union High School
District, hereinafter referred to as the District; and
WHEREAS, the purpose of the Critical Hours Program is provide after school
services during the hours most parents work at Castle Park and Hilltop Middle Schools;
and
WHEREAS, the YMCA is subcontracting with the City to provide sports and
recreational activities to students after school at Castle Park and Hilltop Middle Schools
in partnership with YMCA; and
WHEREAS, the purpose of this Subcontract is to establish a formal working
relationship between the parties, based upon the intent of policy set by the San Diego
County Board of Supervisors, the County of San Diego Health and Human Services
Agency, hereinafter referred to as the County, and the YMCA in the awarded Critical
Hours Program contract.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I.....RESPONSIBILITIES OF THE YMCA
The YMCA shall perform the following:
A. Fiscal Lead Agency
1. YMCA shall serve as the lead fiscal agency in obtaining funds for the
administration and operation of the Critical Hours Program at Castle Park
and Hilltop Middle Schools.
2. Administer and report back to the funding source, the County, on the
objectives outlined in the Critical Hours contract.
B. Program staffing. The YMCA agrees to provide the following staff to meet
the Critical Hours objectives: Regional Coordinator to oversee both sites and
one Site Supervisor and one Youth Outreach Leader per site.
C. Program Management - as per contract with the County.
D. Program Monitoring - as per contract with the County.
E. Program Evaluation - as per contract with the County.
II. RESPONSIBILITIES OF TIlE CITY
The City shall perform the following services at Castle Park and Hilltop Middle
Schools:
A. Provide sports and recreational activities similar to the existing after school
program to students participating in the Critical Hours-fimded after- school
program. Activities include sports, crafts, homework help, games, special
events, field trips, specialized classes and much more. The program is flee to
all participants.
B. Provide Recreation Department staff at Hilltop Middle School and at Castle
Park Middle School as outlined in Attachment A.
C. Provide contractual classes in the area of recreation, as needed, as an incentive
for youth participating in Critical Hours programs at both Castle Park and
Hilltop Middle Schools.
D. Adhere to all program objectives as'required by the County Critical Hours
contract.
E. Notify YMCA Critical Hours Site Supervisors should staffbe unable to attend
any of the required days or if contractual services schedules will be changing.
F. Staffwill attend all trainings for Critical Hours and other appropriate trainings
provided by the Chula Vista Youth Coalition. This Coalition is comprised of
all of the agencies involved with the Middle School after school program.
G. Staff will participate in community events such as Safe Nights, school
orientations and other events sponsored by the Chula Vista Youth Coalition.
IlL COMPENS__ATION
~4. The YMCA agrees to compensate the City the sum of up to $4,798 fi.om the
Critical Hours Program funds granted to YMCA by the County to support
activities provided that meet the Critical Hours objectives. This amount is
based on $4,144 ($414.40 per month) for Hilltop Middle School and $2,432
($243.20 per month) for Castle Park Middle School where services are being
provided and must be reimbursable cost only, meaning costs as outlined in
Attachment A will be paid upon submittal of an invoice as detailed below.
This is also contingent upon the program being operational fi.om September 17
2003 - June 30, 2004.
All invoices must be accompanied by a computer-generated (not spreadsheet)
report for the funds being requested for reimbursement. A trial balance sheet,
general ledger or a report that shows revenue and expense £or this Subcontract
will be accepted. All invoices will show statTnames, positions, hourly rates,
and costs.
1~. Transfer payments shall be m~de to the City within one month of receipt of
payment fi.om the County to the YMCA and is contingent upon receipt of
monthly statistical reports, the Attachment 3 - CSA Debarment and OIG
Exclusion List Check, and the computer-generated report detailing all
program-related expenses. Failure to send in the requested required
Debarment form, and computer-generated report will result in a delay of
payment.
IV. TERM/TERMINATION
A. The term of this Subcontract shall commence on September 1, 2003 and
continue through Jane 30, 2004. This Subcontract may be terminated by
either party upon thirty (30) day advance written notice.
V. AMENDMENTS
A. Amendments to this Subcontract may be made with a mutual written
agreement by both parties.
VI. HOLD HARMLESS INDEMNIFICATION
A. Each party agrees to hold harmless the other, their elected and appointed
officers, trustees, agents and employees fi.om and a~ainst all claims or
damages, liability or costs and expense (includin4~ without limitation
attorney's Fees) arising out o£ the performance of this subcontract by the
parties, their a§ents, employees, subcontractors or others, except for only
those claims arising ~om the sole negligence or sole willful misconduct o£
either party, or their officers or employees. It is understood that such
indemnity shall survive the termination of this agreement.
B. The YMCA is required by the County to have $2 million in liability insurance
and shall name the County and the District as additionally insured.
VII. FINGERPRINT CLEARANCE
A. Each party is responsible for fingerprinting its employees who will be
working with students. If the City or Middle School discover that an
individual in their respective employment is placed at the school site who has
a serious or violent felony conviction as del'reed by the Education Code,
Section 44830.1, or a sex offense conviction or controlled substance
conviction as defined by the Education Code, Section 44011, that individual's
employment status and/or duties will be altered to comply with all local, state,
and federal laws/regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Subcontract as of the
day indicated in the terms of the Subcontract.
YMCA City of Chula Vista
Stephen
C.
Padilla,
Mayor
Title ?~/~ t ~ ~ ~ ~-
Date ~[].~']i)~ Date
Approved as to form by:
Ann Moore, City Attorney
Attachment A
City of Chula Vista
Recreation Department StalTmg
For Additional After- School Programs
At Hilltop and Castle Park Middle Schools
The City shall provide the following I staffand hours for the period of September 1, 2003
through June 30, 2004, on the days that school is in session, funded by the Critical Hours
Grant:
Hilltop Middle School
Fall: Monday - Friday 5 - 6pm for I l weeks
Tuesday and Thursday 3 - 5pm for 15 weeks
Winter and Spring: Tuesday and Thursday 3 - 5 pm for 23 weeks
Recreation Specialist - 207 hours = $2,30 l
Recreation Leader - 207 hours = $1,865
Total: 414 hours = $4,166
Castle Park Middle School
Fall: Tuesday and Thursday 3 - 5pm for 15 weeks
Winter and Spring: Tuesday and Thursday 3 - 5pm for 23 weeks
Recreation Specialist - 152 hours = $1,448
Recreation Leader - 152 hours = $1,184
Total: 304 hours = $2,632
Grand Total: $6,798
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 11/18/03.
ITEM TITLE: Resolution of the City Council o£ the City of Chula Vista approving a
four-party agreement between the City of Chula Vista; David Evans and
Associates, In¢, Consultant; Otay Project, LP, Applicant, and McMillin
Otay Ranch, LLC, Applicant, related to preparation of an Environmental
Impact Report for the Village 7 Sectional Planning Area Plan and
Tentative Maps, and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Planning and Buildin~
I~EVIEWED
City
Manager~?]~ (415t1~ Yore: Yes No~X )
McMillin Otay Ranch, LLC, and Otay Project LP (collectively named "Applicant") have filed a
Sectional Planning Area Plan (SPA) and Tentative Map applications for Village ? including a
site for the Sweetwater Union High School #13. The Environmental Review Coordinator has
determined that the proposed project requires the preparation of an Environmental Impact Report
(EIR). The item before the City Council is a request for the City Council to approve the
proposed contract with David Evans and Associates, Inc. for an amount not to exceed $215,675
to provide consultant services for the preparation of the CEQA required environmental
documents for the proposed project.
RECOMMENDATION:
That the City adopt a Resolution approving a four-party agreement between the City of Chula
Vista; David Evans and Associates, Consultant; and McMillin Otay Ranch, LLC, Applicant, for
consulting services related to the preparation of an EIR Village 7 Sectional Planning Area Plan and
Tentative Maps and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On July 15, 2003, the City Council directed staff by resolution to: 1) expedite the processing of
Otay Ranch General Development Plan Village 7 Sectional Planning Area (SPA) entitlements in
support of the acquisition and development of High School #13 by the Sweetwater Union High
School District; 2) waive the formal bid requirements for the environmental consultant for the
preparation of the EIR for Village 7; and 3) authorize the Purchasing Agent to issue a purchase
order not to exceed $$0,000 for the environmental consultant to begin work on the EIR prior to
staff returning to Council to formalize the Agreement with the consultant
Page 2, Item No.: ~
Meeting Date: 11/18/03
The Applicant has submitted an application for the processing of the Village 7 SPA including a
site for high school #13. Pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an EIR. Planning and Building Department staff does not have the available time
or expertise to prepare the needed EIR. Therefore, the Applicants must enter into a four-party
agreement for the preparation of the CEQA documentation.
Consultant Services Selection Process
The Environmental Review Coordinator issued a request for Statement of Qualifications (SOQ)
for environmental consulting services for the Village 7 SPA and TM that includes a site for high
school #13. A Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the SOQs and conduct interviews of the most qualified firms based on
established evaluation criteria. The Selection Committee reviewed and ranked the SOQs based on
company experience, quality of management team, capacity to perform the work, project
understanding, SOQ quality and clarity, local experience, and billing rates. The Selection
Committee interviewed the top two fu-ms and recommended DEA Inc. to perform the required
services for the City for Village 7.
DEA Inc. is uniquely qualified to serve as the Environmental Consultant for this contract based
on their familiarity with the project and project site, demonstrated ability to perform while
working as a Consultant to the City on this and other projects, their familiarity with project
requirements. DEA Inc. is very experienced in analyzing complex issues and preparing EIRs
that are adequate under CEQA. DEA Inc. represents that they are experienced and staffed in a
manner such that they can prepare and deliver the required services to the City of Chula Vista
within the necessary timeframes.
The Environmental Review Coordinator has negotiated the details of these agreements in
accordance with the Environmental Review Procedures.
Scope of Work
DEA Inc. will function as the Environmental Consultant to the City of Chula Vista under a
four-party agreement with the Applicants and under the supervision of the City's
Environmental Review Coordinator. The responsibilities of the Environmental Consultant will
include the following:
Review of the available project information;
Facilitate preparation of traffic, air quality and noise technical reports;
Prepare Screencheck, draft and final EIRs;
Prepare responses to comments received during public review;
Page 3, Item No.:
Meeting Date: 11/18/03
· Prepare Findings and the Mitigation Monitoring Reporting Program; and
Attend at team meetings and public hearings.
The scope of work for this contract addresses the proposed Village 7 SPA which includes a high
school site. A separate document to comply with CEQA is being prepared by the Sweetwater
Union High School District to specifically address the environmental issues related to a high
school.
Contract Payment
The total cost of the contract for consulting services is $156,540, with an additional $20,000 for
the optional task of preparing photosimulations, and a 25% contingency ($39,135) for
additional services to cover unforeseen issues that may arise during preparation of the EIR and
if determined to be necessary by the City's Environmental Review Coordinator. The project
applicant will pay all consultant costs, as well as reimburse any City staff time associated with
preparation of the Village 7 SPA EIR through a separate deposit accoum.
The City Attorney's Office has reviewed and approved the form of the contract.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. McMillin Otay Ranch, LLC, and Otay
Project LP will fully compensate the consultant.
Attachments:
1. Four Party Agreement between the City of Chula Vista, David Evans and Associates,
Inc., McMillin Otay Ranch, LLC, and Otay Project, LP.
J:\Planning\MARNIB\ORVillage7\contractstaffreport. doc
RESOLUTION NO.
APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; DAVID EVANS AND ASSOCIATES, INC, CONSULTANT;
OTAY PROJECT, LP, APPLICANT, AND MCMILLIN OTAY RANCH, LLC,
APPLICANT, RELATED TO PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT FOR THE VILLAGE 7 SECTIONAL PLANNING AREA
PLAN AND TENTATiVE MAPS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, on July 15, 2003, the City Council directed staff by resolution to: 1)
expedite the processing of Otay Ranch General Development Plan Village 7 Sectional Planning
Area (SPA) entitlements; 2) waive the formal bid requirements for the environmental consultant
for the preparation of the EIR for Village 7; and 3) authorize the Pumhasing Agent to issue a
purchase order not to exceed $50,000 for the environmental consultant to begin work on the EIR
prior to staff returning to Council to formalize the Agreement with the consultant; and
WHEREAS, the Applicant has submitted an application for the processing of the Village
7 SPA and Tentative Maps; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an E1R; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, the Environmental Review Coordinator issued a request for Statements of
Qualifications (SOQ) environmental consulting services pertaining to the proposed project; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications and conduct interviews of the most qualified firms
based on established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top two firms and recommended
DEA h~c. to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with the Environmental Review Procedures; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the enviromnental documents; and
WHEREAS, DEA Inc. is uniquely qualified to serve as the Environmental Consultant for
this contract based on their familiarity with the project and project site, demonstrated ability to
perform while working as a Consultant to the City on this and other projects, their familiarity
with project requirements, and proven ability to work with and interpret modeling data provided
by the San Diego Association of Governments; and
WHEREAS, DEA Inc. represents that they are experienced and staffed in a manner such
that they can prepare and deliver the required services to the City of Chula Vista within the
necessary timeframes; and
WHEREAS, the proposed contract with DEA Inc. to provide consultant services would
be in an amount not to exceed $156,540 with an additional $20,000 for optional tasks identified
in the scope of work and $39,135 for additional services should they be necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the four-party agreement between the City of Chula Vista; David
Evans & Associates, Inc., Otay Project, LP, and McMillin Otay Ranch, LLC to prepare an E1R
for the Village 7 SPA and TMs.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Jim Sandoval An{'f'l~(~e 6a
Acting Director of Planning and Building City Attorney
J:\attorney\reso\agreements\Reso - DEA contract
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
O'ff~'AC~n Moo
City Attorney
Dated: 10/29/03
AGREEMENT BETWEEN THE CITY OF CHULA VISTA;DAVID EVANS AND ASSOCIATES,
INC.; OTAY PROJECT, LP; AND MCMILLIN 0TAY RANCH, LLC RELATED TO THE
PREPARATION OF AN ENVIRONMENTAL IMPRACT REPORT FOR THE VILLAGE 7
SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAPS
Four. Party Agreement
Between
City of Chula Vista,
David Evans ~nd Associates, Consultant, and
McMillin Otay Ranch, LLC, Applicant
Otay Project, LP, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", David Evans and Associates, Inc., whose business form
and address are indicated on the attached Exhibit A, and the persons collectively designated on the
attached Exhibit A as Sectional Planning Area Plan Applicant ("Applicant"), McMillin Otay Ranch,
LLC, and Otay Project, LP whose business forms and addresses are indicated on the attached Exhibit
A, and is made with reference to the following facts:
2. Recitals, Warranties and Representation.q.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is collectively the owner of approximately 279 acres of
land within the approximately 421-acre property covered by the Village Seven Sectional Planning
Area (SPA) Plan or has an option or other entitlement to develop said Property. The Applicant
warrants that the property covered by the Village Seven SPA Application ("Property") commonly
known as, or generally located as, described on Exhibit A, Paragraph 1, includes other real property
not within the Applicant's ownership
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has collectively made applications ("Application") with the City for
approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph
3.
2.3. In order for the City to process the Application of Applicant, Work ofthe general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
11/6/2003 Four Party Agreement
Page 1
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
2.6. Additional facts and cimumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment o f Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
Four Party Agreement
11/6/2003 ' Page 2
3.2. Compensation o f Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
.checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
~n accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate of the costs of the additional work
which the City determines is or may be required. Applicant shall pay any and all additional costs for
the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time reduce the 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.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3. I i Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
1 l/6/2003 Four Party Agreement
Page 3
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. 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:
Four Party Agreement
! 1/6/2003 Page 4
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the mount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability hasurance including Business Automobile
Insurance coverage in the mount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each proj eot away fi.om premises owned or rented by Consultant, which names City and
Applicant 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 and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. 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.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
11/6/2003 Four Party Agreement
Page 5
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
Four Party Agreement
11/6/2003 Page 6
7.3. 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 o f 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.
7.4. 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.
7.5. 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 Attomey 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.
7.6. 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 the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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.
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.
11/6/2003 Four Party Agreement
Page 7
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. CitVs Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures.
No suit 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 of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
Four Party Agreement
11/6/2003 Page 8
11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for (1) those claims, damages, liability, costs and expenses (including without limitation,
attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers,
employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions,
those claims arising from the negligence or willful misconduct of City its officers, employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents or employees in defending against such claims, whether the
same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by
any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section
shall survive the termination of this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13. I. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with remm receipt requested,
at the addresses identified for the parties in Exhibit A.
11/6/2003 Four Party Agreement
Page 9
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. 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.
13.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing Law/Venue.
This Agreement shall be govemed by and construed in accordance with the laws of the State
of Califomia. 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.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
Four Party Agreement
11/6/2003 Page 10
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereofi
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance ora payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights of the parties trader this Agreement are cumulative and not exclusive ofanyrights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enfomed by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. 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.
(End of Page. Next Page is Signature Page.)
11/6/2003 Four Party Agreement
Page 11
Signature Page To
Four-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
McMillin Otay Ranch, LLC, Applicant
Otay Project, LP, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page I 0£3)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on
the date set forth adjacent thereto.
Dated: City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
Dated: Consultant: David Evans and Associates, Inc.
Karen L. Ruggels, '~/President
Four Party Agreement
10/29/2003 Page 12
Signature Page To
Four-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
McMillin Otay Ranch, LLC, Applicant
Otay Project, LP, Applicant
For Consulting Work to 1Se Rendered with regard to Applicants' Project
(Page 2 of 3)
Dated: Applicant:
McMillin Otay Ranch, LLC, a Delaware limited
liability company
By: McMillin Companies, LLC, a Delaware
limited liability company
By: 3 ~
Title: Xt .~>.
Title: ¥,~.
10/29/2003 Four Party Agreement
Page 13
Signature Page To
Four-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
McMillin Otay Ranch, LLC, Applicant
Otay Project, LP, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page 3 of 3)
Dated: Applicant:
Otay Project, L.P., a California limited partnership
By: Otay Project, LLC, a California limited liability
company
By: Otay Ranch Development, LLC, a Delaware
Four Party Agreement
11/6/2003 Page 14
Exhibit A
Reference Date of Agreement:
Effective Date of Agreement: Date of City Council Approval of Agreement
City: city of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: David Evans and Associates, Inc. (hereinafter referred to as DEA)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 8989 Rio San Diego Drive, Suite 335
San Diego, CA 92108
Applicant: McMillin Otay Ranch, LLC, a Delaware limited liability company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 2727 Hoover Avenue, National City, CA 91950
Applicant: Otay Project, LP
Business Form of Applicant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 350 W. Ash Street, Suite 730
San Diego, CA 92101
1. Property (Commonly known address or General Description):
The Application covers that property generally known as Village Seven, which is located in the
north-central portion of the Otay Valley Parcel of the Otay Ranch General Development Plan area.
The proposed Village Seven SPA area is approximately 421 acres and is bound by the proposed
11/6/2003 Four Party Agreement
Page 15
alignments of SR-125 on the east, Birch Road on the north, La Media Road on the west and Rock
Mountain Road on the south.
2. Project Description ("Project"):
The project consists of the preparation of a Second-Tier Environmental Impact Report (EIR) for the
Otay Ranch Village Seven SPA Plan and Tentative Tract Maps including the site of the Sweetwater
Union High School District's High School #13 (the "Development"). The Otay Ranch Village
Seven SPA Plan would refine the goals objectives, and policies of the Otay Ranch General
Development Plan. The SPA Plan would encompass 241.5 acres of residential use, 9.3 acres of park
land, 6.3 acres of CPF use, 85 acres for schools, 7.2 acres for commercial use, and 17.1 acres
dedicated to arterials. The project also consists of two tentative maps, one for the Otay Project
ownership (98.6 acres), and one for the McMillin Otay Ranch ownership (180.3 acres).
3. Entitlements applied for: SPA and Tentative Subdivision Maps approval
4. General Nature of Consulting Services ~ "Services--General"):
Consultant shall prepare a Second Tier Environmental Impact Report (EIR) for the Village Seven SPA
and Tentative Maps in accordance with the City of Chula Vista Environmental Review Procedures; with
the criteria, standards and procedures of the California Environmental Quality Act (CEQA) of 1970, as
amended, (Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public Resources
Code Section 15000 et seq.); and with other applicable regulations, requirements and procedures of any
other responsible public agency or any agency with jurisdiction by law. If there are conflicts between
the City of Chula Vista's requirements and those of any other agency, the City of Chula Vista's shall
prevail when the City is the Lead Agency. All work performed by Consultant shall be to the satisfaction
of City's Environmental Review Coordinator.
5. Detailed Scope of Work ("Detailed Services"):
Based on the Existing Conditions Analysis and Report Preparation Services provided by DEA (October
2003), DEA shall prepare a Second Tier EIR for the Village Seven SPA and Tentative Maps project.
DEA shall consult with all trustee and responsible agencies, agencies having jurisdiction by law and any
other person or organization having control over or interest in the Development as necessary to ensure
that the EIR is current and complete as to issues raised by such agencies. The Draft and Final EIR shall
be prepared in such a manner that they will be meaningful and useful to decision-makers and to the
public. Technical data is to be summarized in the body of the report and placed in an appendix. All
documents shall be prepared in Microsofl Word 2000.
DEA shall compile supporting documents into separate volume(s) to be referred to as the Appendices to
the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to the NOP and any
technical reports and relevant technical information generated for the EIR.
Four Parly Agreement
11/6/2003 Page 16
The Detailed Services are generally divided into the following maj or tasks, which are discussed below:
Technical Studies, Draft EIR Preparation, Final EIR Preparation, Meetings and Hearings, and
Deliverables.
A. Technical Studies
a. Traffic Study
Transportation impacts will be addressed by Subconsultant Linscott, Law & Greenspan
(LLG) under the supervision of Consultant. Provided below are the specific subtasks
associated with LLG's efforts.
Project-to-Ground Analysis
Utilizing the existing conditions analysis prepared for Phase 1 (not a part of this
Agreement), add total project traffic onto existing conditions.
· Analyze the intersections and street segments in the study area.
· Estimate significant impacts and recommend mitigation measures as necessary.
Cumulative Plan-to-Plan Analysis
These tasks will be done for the eleven (I 1) land use scenarios.
· Determine the future year scenarios, which will be analyzed in the traffic study, which
will likely include opening Year (without SR 125), 2010, 2015, 2020 and 2030 analysis
with various network and land use assumptions.
· Determine futnre traffic volumes for all scenahos at the key intersections and street
segments. About 30 intersections and 50 street segments are assumed to be analyzed.
This proposal assumes the analysis of 11 scenarios.
· Determine the AM/PM intersection and daily street segment LOS for each scenario.
· Determine the intersection and street segment configuration necessary to accommodate
anticipated traffic for each scenario.
· Determine the amount of traffic theproposed project adds to each intersection and street
segment.
. · Conduct a Congestion Management Plan (CMP) analysis on the key freeways.
· Determine the significant impacts associated with the project for each scenario.
· Recommend measures to mitigate impacts to below a level of significance for each
scenario.
· Determine the LOS at all significantly impacted locations after mitigation.
Access Analysis
· Obtain a preliminary site plan for the project, including access points.
· Estimate AM/PM peak hour volumes at all access points.
11/6/2003 Four Party Agreement
Page 17
Conduct an LOS analysis of all access points.
· Recommend lane configurations at all access points.
· Conduct a peak hour signal warrant analysis at all access points.
· Review an Applicant - prepared intemal roadway analysis.
· Conduct a queue analysis for all four approaches.
PFFP-Related Analysis
· Work with City staff upon request of staff to determine up to four network links for
which it is desired to know at what traffic threshold the network link is needed.
· Direct SANDAG efforts to model the scenario both with and without the subject
network link.
· Analyze the adjacent intersections and street segments to determine LOS with and
without the network link.
· Determine the traffic threshold when each link is needed. Thresholds will be determined
for up to four roadway links.
· Incorporate the traffic threshold results into the traffic study.
· Upon request of staff, work with the preparer of the PFFP to incorporate the results of
the traffic study into the PFFP.
Report Preparation
· On or before December 11, 2003, prepare and submit a Draft Traffic Report with the
appropriate text, tabular and graphic material for review by the City.
b. Air Quality Study
Under the supervision of Consultant, Subconsultant Giroux and Associates will prepare an
updated atmospheric environmental setting section for the project area based on data fi.om
the San Diego APCD Chula Vista air monitoring station. Giroux and Associates will also
calculate temporary construction activity emissions using procedures identified within the
SCAQMD CEQA Air Quality Handbook (1993), as well as calculate regional vehicular
emissions using the California Air Resources Board (ARB) URBEMIS7G computer model.
The potential for any microscale air pollution "hotspot" formation at project area
intersections will be evaluated using a screening procedure based upon the CALINE4 line
source dispersion model. Identification of any potentially applicable mitigation measures,
including any relevant transportation control measures (TCMs) incorporated into the air
basin portion of the California SIP will also be presented in the air analysis report.
Discussion of the potential effects on local air quality of cnmulative development in the area
will also be presented in the air analysis report. Additionally, a comparison of air quality
impacts for altematives to those of the proposed project and a summary of findings in a
"stand-alone" air quality improvement plan (AQIP) in a setting/impact/mitigation format
will be included in the report.
Four Party Agreement
ll/6/2003 ~:~¢ Page 18
Report Preparation
On or before December 1, 2003, prepare and submit a Draft Air Quality Impact Report
with the appropriate text, tabular and graphic material for review by the City.
c. Noise Study
Under the supervision of Consultant, Subconsultant Giroux and Associates will perform
limited on-site ambient noise monitoring to update baseline noise characterization of the
area and develop a baseline noise exposure profile in terms of the CNEL noise metric using
the FHWA model with the latest California vehicle noise curves. (CALVENO).
Additionally, a no-project versus with-project mobile noise impact comparison will be
prepared and will include any viable project alternative development scenarios. The noise
report will identify specific sensitive receiver locations where mobile source noise impacts
may adversely affect Chula Vista residents and evaluate stationary noise impacts from
temporary on-site construction noise sources. The noise report will include a section that
relates project noise impacts to the Noise Element noise/land use compatibility guidelines in
the City of Chula Vista General Plan Noise Element and other applicable noise exposure
regulations. Giroux and Associates will also develop a noise impact mitigation plan for any
predicted noise impacts that exceed target noise exposure limits and summarize findings in
a "stand-alone" draft noise technical report in a setting/impact/mitigation format.
Report Preparation
· On or before December 1, 2003, prepare and submit a Draft Noise Impact Report with
the appropriate text, tabular and graphic material for review by the City.
B. Draft EIR Preparation
DEA will prepare the first screencheck Draft EIR in screencheck form for review by the City of
Chula Vista. The E1R and associated technical studies shall assemble all available data,
originate new studies and provide an assessment of the probable short- and long-term
cumulative impacts of the project. In addition, the draft and final EIR shall provide an
evaluation of all feasible mitigation measures, which could be carded out to reduce or eliminate
adverse impacts of the proposed project. The EIR, where appropriate and as directed by City
staff, shall also analyze all feasible alternatives to the project as proposed.
The EIR will be prepared in the following format:
Table of Contents
Executive Summary - This section provides an overview of the proposed project, including a
list of required discretionary approvals. The summary will also include a stmunary of impacts
and mitigation measures, known areas of controversy including issues raised by agencies and
11/6/2003 Four Party Agreement
the public, as well as a summary of alternatives to the proposed project.
Introduction - The introduction will defme the purpose, scope and legislative authority of the
EIR, requirements of the California Environmental Quality Act (CEQA) and other pertinent
environmental rules and regulations. This section will also describe the EIR process, structure,
required contents and its relationship to other potential responsible or trustee agencies.
Environmental Setting - The environmental setting will provide a description of the existing
site conditions. An overview of the local and regional environmental setting of the project will
also be provide in accordance with CEQA Guidelines Section 15125.
Project Description - This section will provide the project location within the regional context
and a description of the project including proposed land uses, circulation, and phasing. An
overview of the project's background and objectives will also be provided, and the required
discretionary permits and approvals will be listed.
Environmental Impact Analysis --This section is the "core" of the EIR. It will include a
discussion of Existing Conditions, Thresholds of Significance, Impacts, Level of Significance
Prior to Mitigation, Mitigation Measures, and Analysis of significance After Mitigation for each
environmental issue area identified in the Request For Proposals and refined during the Initial
Meeting.
Cumulative Impacts - The EIR will include a discussion of potential cumulative impacts. DEA
will review projects in the City of Chula Vista to develop the related projects list. Issue areas
which are likely to be addressed in the Cumulative Effects section of the project EIR include
traffic circulation, air quality, noise, public services and utilities.
Growth Inducement - The Growth Inducement section will focus on the potential of the
proposed SPA Plan to induce economic or population growth and the construction of additional
housing, either directly or indirectly, in the surrounding environment.
Significant Irreversible Environmental Changes - This section will include CEQA required
analyses of Significant Irreversible Environmental Changes Resulting from Project
Implementation.
Effects Found Not To Be Significant - This section will evaluate environmental effects found
not to be significant as part of the EIR process and during the initial study process.
Alternatives - The Alternatives section of the EIR will be based on a description of
"reasonable" project altematives, defined in consultation with City staff, which reduce or avoid
potentially significant impacts associated with the proposed project. The No Project altemative,
as required by CEQA, will be addressed in the EIR and will evaluate no new development on
the project site. The advantages and disadvantages of each alternative will be compared to the
proposed project and reasons for rejecting or recommending the alternative will be discussed in
the EIR.
Four Party Agreement
11/6/2003 (fi~,. ~'~/,, Page 20
References, Persons and Agencies Contacted and EIR Preparation
List of Preparers/Organizations Consulted
Key environmental issues to be addressed in the Environmental Impact Analysis are discussed below.
Thc evaluation of each issue area will be presented using the following format: 1. Existing Conditions;
2. Thresholds of Significance; 3. Impacts; 4. Level of Significance Prior to Mitigation; 5. Mitigation
Measures; and 6. Level of Significance After Mitigation.
Land Use, Planning and Zoning. Existing plans, policies, and ordinances related to land use
that affect the site will be identified and reviewed. Documents to be reviewed include, but arc
not limited to:
· The Chula Vista General Plan and all related elements
· The Chula Vista Zoning Ordinance as it relates to the specific property
· Otay Ranch General Development Plan and associated EIR
· City Of Chula Vista Draft MSCP Subarea Plan
The land use section will address the project's compliance with the GDP relative to land use,
development intensity, and infi-astructure. The analysis shall address compatibility with adjacent
land uses and intensities of development with particular emphasis on the transition between the
proposed land uses and adjacent existing land uses. As such, the EIR will include a plan-to-plan
and plan-to-ground analysis.
The project's compatibility with adjacent open space as identified in the City's Draft MSCP
Subarea Plan and the County of San Diego MSCP shall also be provided. As such, the EIR will
include both a plan-to~plan and a plan-to-ground land use analysis. The land use analysis will
be contained in the EIR, and a technical report will not be prepared for this issue.
Landform Alteration/Aesthetics. DEA will evaluate the potential for impacts to landform
based on substantial changes to the existing topography and the creation of extensive cut and fill
slopes. This section will also evaluate the potential change in the visual environment based on
the proposed development and will address the visual impact of the proposed project from
public vantage points. Visibility of the site from public vantage points will be identified and
documented with a photographic inventory. Changes in these views will be described.
As an optional task, if the City determines that a graphical presentation of the potential changes
to !he visual environment is desired, DEA will prepare computer-generated photo simulations,
using state-of-the-art techniques. These will provide an accurate depiction of the "before" and
"after" project site conditions as viewed from three different vantage points. Separate photos
will depict the site "as is" and with the proposed development. The determination of sensitive
views and photo locations will be based on consultation with City staff. The photo simulations
may include optional elements, such as landscaping to assess screening quality. Other factors,
such the availability of 3-D modeling of the project, will affect the cost for the photo
Four Party Agreement
11/6/2003 ~"~7 Page 21
simulations. Tasks associated with the preparation of the photo simulations include the
following:
· 3-D CADD Modeling of proposed structures (model setup)
· Scanning/editing three vantage point photos
· Scanning/editing additional site and/or vegetation photos
· 3-D CADD vantage point layout virtual rendering
· Photo imaging (merging master images and editing)
· Sheet layout and printing ("before" & "after" images with title information).
Traffic, Circulation and Access. Linscott, Law & Greenspan will provide an analysis of
traffic impacts of the proposed project, under the direction of DEA, based on the traffic,
circulation and access study outlined above. The draft Traffic Technical Report will be reviewed
by and subject to the approval of City staff including staff from the Traffic Engineering Section.
Comments will be provided by the City to LLG and DEA. A final Traffic Technical Report
based on City comments will be prepared and summarized in the EIR. If the proposed
development has significant traffic impacts, measures will be proposed to mitigate project
impacts. The final traffic technical report will be included as an appendix to the EIR.
Noise. DEA will incorporate the results of the noise analysis prepared by Giroux & Associates
to evaluate the impacts of the proposed project. This section of the EIR will address the
ambient noise environment of the property and assess potential impacts associated with short-
term construction and vehicular impacts. Noise impacts will be related to the City's Noise
Element land use compatibility guidelines, and appropriate mitigation measures will be
developed, as necessary. Giroux and Associates will prepare the noise technical report in
accordance with the requirements of the City of Chula Vista. City staff will provide any
comments on the acoustical analysis to DEA. The results of the acoustical analysis will then be
sttmmarized. The final noise technical report will be included as an appendix to the EIR.
Air Quality. An analysis of potential air quality impacts will be presented in the EIR based
upon the results of an air quality analysis to be conducted by Giroux & Associates as part of
Consultant's work efforts. This updated analysis will be based on traffic projections to quantify
mobile source emissions. The project's relationship to regional air quality and land use
assumptions will be presented. In addition, the potential for CO "hot spots" and potential
impacts to any nearby sensitive receptors will be evaluated. The modeling results will be
summarized in the EIR. The final air quality technical report will be included in the EIR
appendices.
Biological Resources. The analysis of biological resources and potential impacts to sensitive
habitat and species will be prepared under the supervision of Consultant and based on review of
information contained in the GDP Final Program EIR, supplemented by a field review and
informational update, as City determines is necessary by Bonterra Consulting (whose fees are
not a part of this Agreement). The EIR will include an evaluation of direct and indirect impacts.
The analysis of potential impacts to biological resources will also discuss the project's
Four Party Agreement
11/6/2003 ~.2,~ ~ ~ Page 22
relationship to the City's MSCP Subarea plan. Measures to reduce impacts to below a level of
significance, will be presented in the EIR.
Cultural Resources. The cultural resources section will be prepared under the supervision of
Consultant based on information contained in the GDP Final Program EIR, as well as a record
search and field reconnaissance to be conducted by ASM Affiliates, Inc. (whose fees are not a
part of this Agreement). This information will be presented in the EIR, along with any proposed
mitigation measures, if significant resources could be adversely affected by the project.
Paleontological Resources. DEA will evaluate the potential that important paleontological
resources could be uncovered on the project site based on the underlying geology and telephone
conversations with staff at the San Diego Natural History Museum. Due to known presence of
fossil-bearing material, the project site is likely to have a moderate to high potential for
producing important paleontological resources. Standard mitigation measures would be
outlined in the EIR to ensure that, should important resources be uncovered as a result of
grading activities, appropriate measures would be taken to allow for recovery and curation.
Agricultural Resources. The project site has been historically used for agricultural activities.
Based on the analysis conducted as part of the Otay Ranch GDP Program EIR, and utilizing the
San Diego County Soil Series and State Farmlands Mapping, a project-specific assessment of
the soils which underlay the project site, the EIR will address the potential for loss of
agricultural lands. The EIR will evaluate the Agricultural Plan, prepared by the Applicant as
part of the SPA Plan. The Agricultural Plan will be evaluated against the Otay Ranch Program
EIR's conclusion that impacts to agricultural resources within Otay Ranch would be significant
and unmitigable.
Hydrology/Drainage/Water Quality. Based on the Hydrology and Drainage study prepared by
the Applicant, the EIR will address the hydrology of the site and any proposed alteration to on-
and off-site drainage. The EIR will focus on the incorporation of Best Management Practices
directed at minimizing sediment transport and urban nm-off. The EIR will address the potential
for direct and indirect impacts to sensitive downstream water bodies from potential changes in
runoff and water quality.
Geology and Soils. The discussion of Geology and Soils in the EIR will be based on the
geotechnical study prepared by the Applicant, as well as information available in the San Diego
Soil Survey. This section of the EIR will address the geological constraints on the project site,
including groundshaking, ground failure, landslides, erosion, and geologic instability.
Seismicity and seismic hazards created by faults present in the project site will be addressed.
Additionally, the EIR will include a discussion of the project's potential to aggravate or
intensify the wind and water erosion naturally occurring on the project site. A copy of the
geotechnical investigation for the site will be included in the Appendices.
Public Services and Utilities. DEA will evaluate the project's impacts to public services, such
as police, fire, emergency medical service, recreational resources (parks, recreation, open
space), solid waste disposal and schools; as well as public utilities such as water, sewer, gas and
11/6/2003 Four Party Agreement
Page 23
electric, telephone and cable. This section will be based on the reports prepared by the
Applicant (for sewer and water), as well as input from service providers. The project's demands
on public services and utilities and the potential impact, as measured by the City's standards for
service and thresholds, will be evaluated.
Compliance with the City Threshold and Standards Policy and Findings of Fact. In an
effort to preserve the City's quality of life, the City adopted a Growth Management Ordinance
(Chapter 19.09 of the Municipal Code) that contains Quality of Life Threshold Standards for 11
facilities and improvements. These include fire and emergency medical service, police, traffic,
parks and recreation, drainage, libraries, air quality, economics, schools, and sewer and water.
The scope of work for this section of the EIR will include the following:
1. Describe the City's threshold goals and standards for each of the 11 facilities.
2. Based on the analyses presented in the public services and facilities section of the
EIR, summarize the project's consistency with the established thresholds standards
and determine if the requirements have been satisfied.
Cnmulative Effects. The EIR will include a discussion of potential cumulative impacts.
Cumulative impacts are defined as those which by themselves may not result in significant
impacts, but when combined with similar impacts from existing, approved but not yet built
or planned projects could be cumulatively considerable in their environmental effects, and
therefore, potentially significant. Issue areas which are likely to be addressed in the
Cumulative Impacts section of the project EIR include traffic circulation, air quality, noise,
and public services and utilities. DEA will consult with City staff to update the list of
projects and/or the appropriate elements to be considered in the cumulative impacts
analysis.
Growth Indncement. The Growth Inducement section will focus on elements of the
proposed project which could induce future growth and development in the area, such as
expanded water and sewer service capabilities or the provision of improved roadway
connections. An important consideration will be compliance with the Chula Vista growth
management policies and threshold standards.
Alternatives. The Alternatives section of the EIR will be based on a description of
"reasonable" project alternatives, defined in consultation with City staff, which reduce or
avoid potentially significant impacts associated with the proposed project. Site-specific
alternatives, if needed, will be developed in response to the findings of the environmental
analyses and the various technical studies and may include alternative project design to
mitigate one or more of the identified significant adverse impacts of the proposed project.
The No Project alternative is required by CEQA and will evaluate no development on the
project site. As a subset of the No Project Alternative analysis, or as a separate alternative,
the project EIR will.also evaluate development as permitted tinder the existing Zoning and
other limitations placed on the project site. The intent of this alternative is to satisfy
CEQA's requirement to address development of the project site in accordance with any
Four Party Agreement
11/6/2003 Page 24
approved plans or existing zoning. The advantages and disadvantages of each altemative
will be compared to the proposed project and reasons for rejecting or recommending the
alternative will be discussed in the EIR.
Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and
Reporting Program (MMRP) will be developed at the drafi EIR stage and finalized after the
close of public review. It will list and identify specific monitoring activities that would be
required on an issue-by-issue basis, and will establish a reporting system and criteria for
evaluating the success of the mitigation measures. In addition, the MMRP will outline the
appropriate time for mitigation of impacts, such as grading permits, final maps, landscape
plans, or other discretionary actions.
Draft EIR Processing and Document Revisions
DEA will prepare three screencheck draft EIRs prior to preparation of the public review
version of the Draft EIR. The second, third and public review copies of the Draft EIR will
incorporate comments received on prior versions of the reports. Documents submitted as
part of each Screencheck review will be printed on different colored paper so as to clearly
distinguish a current version from a previous one. DEA will prepare the Notice of
Availability for public review distribution.
Final EIR Preparation
Upon completion of agency and public review, DEA will prepare written responses to all
letters of comment received. All comments received in response to the EIR will be
discussed with the City staff, and an approach to the responses will be subject to City
approval prior to preparation of the draft responses. Draft responses to comments will be
submitted to City staff for review. DEA will then revise responses in accordance with City
directions and will prepare the document for final distribution. LLG will assist in the
preparation of responses to public comments on the traffic study.
DEA will draft candidate Findings and a Statement of Overriding Considerations, if City
determines this to be necessary, for consideration by the decision-maker in certifying the
E1R. The Findings will include all measures which would be implemented to mitigate
potentially significant impacts; a statement, as appropriate, that the project mitigation may
be the responsibility of another agency; and an evaluation of project alternatives and why
each was found to be infeasible. A major portion of the Findings will be compiled using
information contained in the EIR. The Statement of Overriding Considerations will present
the social, economic or other reasons why the project should be approved even though
significant environmental impacts may result (i.e., why the project's benefits override the
environmental issues). These will be presented in draft form to the City, revised as City
determines to be necessary, and printed to accompany the Final EIR for review and
1 I/6/2003 Four Party Agreement
Page 25
consideration by the City of Chula Vista, Planning Commission, and ultimate adoption by
the City Council.
The draft Final EIR will include the EIR text with necessary revisions requested by City
staff or as a result of the Public Review process, Letters of Comment and Responses, the
Findings and Statement of Overriding Considerations (if applicable), and the Mitigation
Monitoring and Reporting Program. Following review and approval of the responses to
letters of comment and any changes to the text of the document, DEA will prepare a draft
Final EIR for review by City staff. DEA will also prepare the Notice of Determination and
California Department of Fish and Game Fee Certification.
D. Meetings and Hearings
DEA's work efforts will involve on-going project management to include regular
coordination with City staff and project team members. DEA's project manager will meet
weekly with City staff to discuss the EIR progress and issues as they arise. DEA will prepare
summary memos of all meetings attended. The scope of work includes attendance at the
following meetings and heatings.
Weekly meetings with City staff to discuss EIR progress and issues as they arise;
· One (1) Resoume Conservation Commission meeting;
· One (1) Planning Commission public hearing on the DEIR;
· One (1) Planning Commission hearing on the FEIR and related environmental
documents; and
· All City Council presentations on the FEIR and related environmental documents.
In addition, upon request of City staff, LLG will attend a total of eight meetings throughout
the preparation of the traffic study and will attend three public hearings as directed by City
staff.
E. Deliverables
1. Twenty-five (25) total copies of the First Screencheck Draft EIR, MMRP and Technical
Appendices, in three-ring binders will be provided to the City. The First Screencheck
Draft EIR shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
2. Following receipt of comments on the First Screencheck Draft EIRby City staff, DEA
will make the required revisions and provide twenty-five (25) total copies of the
Second Screencheek Draft EIR, MMRP and Technical Appendices in three-ting binders.
The Second Screencheck Draft EIR shall be prepared in Microsoft Word 2000 and shall
be printed at 1.5 spacing.
3. Following receipt of comments on the Second Screencheck Draft EIR by City staff,
Four Party Agreement
11/6/2003 Page 26
DEA will make the required revisions and provide five (5) total copies of the Th/rd
Screencheck Draft EIR, MMRP and Technical Appendices in three-ring binders. The
Third Screencheck Draft EIR shall be prepared in Microsoft Word 2000 and shall be
printed at single spacing.
4. Fol!o. wing City staffreview of the Third Screencheck EIR, DEA will make the required
revisions and prepare the document for public review. Fifty (50) total copies of the
Draft EIR, MMRP and Appendices, including ten (10) copies of the documents in three-
ring binders and the remainder bound, will be provided to the City. DEA will prepare
the Notice of Availability for the City, and the City will handle the public review
distribution.
5. Following the close of public review, DEA will meet with City staff and review all
comments received. DEA shall prepare draft responses to comments and associated
revisions to the Draft EIR. DEA will submit five (5) copies of the draft responses to
comments and amended EIR sections, including MMRP, to the City for review by City
of Chula Vista staff.
6. DEA will prepare Draft Candidate CEQA Findings of Fact and, if City determines to be
necessary, a Statement of Overriding Considerations for review by City of Chula Vista
staff and legal counsel. DEA will submit five (5) copies of the draft Candidate Findings
of Fact and Statement of Overriding Considerations with the draft responses to
comments.
7. Following City staff review, DEA shall revise the draft responses to comments,
amended EIR sections, draft Candidate CEQA Findings of Fact and, if necessary,
Statement of Overriding Considerations based on comments submitted by City staff.
DEA shall then submit five (5) copies each of the revised draft responses to comments,
amended EIR sections, draft Candidate CEQA Findings of Fact and Statement of
Overriding Considerations for review by the City. Any changes to these documents
shall be subject to the approval of the City's Environmental Review Coordinator. If
additional studies or analyses are requested by the City as a result of the comments
received, DEA shall complete those studies based on the receipt of authorization from
the City's Environmental Review Coordinator.
8. Upon approval of the reponses to comments amended EIR sections, Candidate CEQA
Findings of Fact and, if necessary, Statement of Overriding Considerations, DEA will
prepare a Final EIR, MMRP, Appendices, Candidate CEQA Findings of Fact and
Statement of Overriding Considerations (if applicable). DEA will provide fifty (50)
copies of the final EIR and fifty (50) copies of the EIR technical appendices to the City
including ten (10) copies of the FEIR in three-ring binders and the remainder bound.
DEA will also submit a full version of the Final EIR in electronic format (Microsoft
Word). In addition, a draft Notice of Determination (NOD) and California Department
11/6/2003 Four Paxty Agreement
Page 27
ofFish and Game (CDFG) fee certification letter for the project shall be submitted by
DEA to the City in preparation for filing with the Cotmty Clerk's office, upon project
approval. In addition, one (1) reproducible master copy of the FEIR suitable for
reproduction on City equipment and not three-hole punched will be provided. One
computer disk copy of the Elf and related documents that can be read by Microsoft
Word 2000 will also be provided.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
First Screencheck Draft EIR, MMRP and Technical Appendices - no later than
February 11, 2004;
· Second Screencheck Draft EIR, MMRP and Technical Appendices- one week after
Consultant receives City comments on first screencheck Draft EIR and has
incorporated those comments into this screencheck but no later than March 12,
2004;
· Third Screencheck Draft EIR, MMRP and Technical Appendices - one week after
Consultant receives City comments on second screencheck Draft EIR and has
incorporated those comments into this screencheck but no later than April 12, 2004;
· Public Review Draft EIR, MMRP and Technical Appendices - One week after
Consultant receives City comments on third screencheck Draft EIR and has
incorporated those comments into this screencheck but no later than April 26, 2004;
· Draft Responses to Comments received during public review and Findings and
Statement of Overriding Considerations - two weeks after end of public review but
no later than June 30, 2004; and
· Final Elf for public heating including final responses to comments, Findings and
Statement of Overriding Consideration - one weeks after Consultant received City
comments on drafts of these documents and has incorporated those comments into
the Final Elf but no later than July 21,2004.
Dates for Completion of all Consultant Services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of the City's
Environmental Review Coordinator, whichever is later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) grading plans ( ) architectural elevations (X) project description.
Four Patty Agreement
11/6/2003 Page 28
(X) other: Draft SPA for Village Seven, Geotechnical Investigation, Master Drainage Plan
with Water Quality Analysis, Master Sewer Plan, Master Water Plan, PFFP, Phase I
Assessment, Biological Resources Assessment, and Tentative Maps.
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Dave Gatzke, Vice President, McMillin Otay Ranch, LLC
Applicant: , Otay Project LP
Consultant: Karen L. Ruggels, Vice President, David Evans and Associates, Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( Category No. 1. Investments and sources of income.
( Category No. 2. Interests in real property.
( Category No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
( Category No. 4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale of real property.
( Category No. 5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
( Category No. 6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( Category No. 7. Business positions.
10. Insurance Requirements:
Four Party Agreement
11/6/2003 Page 29
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
1 I. Permitted Subconsultants:
Linscott, Law, and Greenspan (LLG) will complete the traffic analysis under the direction of DEA.
Giroux and Associates will complete the air quality and noise technical analysis under the
direction of DEA.
ASM Affiliates will complete the cultural resources analysis under the direction of DEA.
Bonterra Consulting will complete the biological resources analysis under the direction of DEA.
Four Party Agreement
11/6/2003 Page 30
Exhibit B
Additional Recitals
WHEREAS, on July 15, 2003, the City Council directed staff by resolution to: 1) expedite
the processing of Otay Ranch General Development Plan Village 7 Sectional Planning Area (SPA)
entitlements in support of the acquisition and development of the site of High School #13 by the
Sweetwater Union High School District; 2) waive the formal bid requirements for the environmental
consultant for the preparation of the EIR for Village 7; and 3) authorize the Purchasing Agent to
issue a purchase order not to exceed $50,000 for the environmental consultant to begin work on the
EIR prior to staff returning to Council to formalize the Agreement with the consultant.
WHEREAS, the Applicant has submitted an application for the processing of the Village
Seven SPA and Tentative Maps including the site of High School #13;
WHEREAS, pursuant the Califomia Environmental QualityAct (CEQA) the Environmental
Review Coordinator has determined that the proposed project requires the preparation of an EIR;
WHEREAS, the Environmental Review Coordinator issued request for qualifications
environmental consulting services pertaining to the proposed project not-to-exceed $50,000;
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications and conduct interviews of the most qualified firms
based on established evaluation criteria;
WHEREAS, the Selection Committee interviewed the top two firms and recommended
DEA Inc. to perform the required services for the City;
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with the Environmental Review Procedures;
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the environmental documents;
WHEREAS, DEA Inc. is uniquely qualified to serve as the Environmental Consultant for this
contract based on their familiarity with the project and project site, demonstrated ability to perform
while working as a Consultant to the City on this and other projects, and their familiarity with project
requirements;
WHEREAS, DEA Inc. represents that they are experienced and staffed in a manner such that
they can prepare and deliver the required services to the City of Chula Vista within the necessary
timeffames; and
11/6/2003 Four Party Agreement
Page 31
WHEREAS, the proposed contract with DEA Inc. to provide consultant services would
be in an amount not to exceed $156,540 with an additional $20,000 for optional tasks identified
in the scope of work and $39,135 for additional services should they be necessary.
Four Party Agreement
11/6/2003 Page 32
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
0 Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(X) Single Fixed Fee Amount: $ 215,675 (including contingency fee and optional task
fee)
EIR for the Village Seven SPA and TMs
Milestone or Event Amount or Percent
Of Fixed Fee
1.Signing of this agreement by all parties and upon the request of the
Consultant. $15,654 (10%)
2.Submittal of first screencheck draf~ EIR, technical appendices and
MMRP* $46,962 (30%)
3. Commencement of Public Review $54,789 (35%)
Completion of Final Environmental Document, including responses
to comments, revisions to EIR text, if necessary, Findings and
Statement of Ovenfding Considerations, if necessary $23,481 (15%)
Retention Pementage - See Section D below $15,654 (10%)
· Optional Task if authorized by the City - photosimulations $20,000
7.25% Contingency Fee* *(for task(s) as determined at the sole
discretion of the City's Environmental Review Coordinator) $39,135.00
Subtotal
l~otal Fixed Fee Amount $215,675
*For purposes of payment the first screencheck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
11/6/2003 Four Party Agreement
Page 33
** Pursuant to Section 3.2.2 of this Agreement, the Environmental Review Coordinator in her sole
discretion independently and or upon request from the Consultant, may from time to time, negotiate
additional services to be performed by the Consultant under this Agreement in order to cover
unforeseen issues that may be identified during the preparation of the environmental document
("Additional Services"). The cost of Additional Services in connection with the environmental
document shall not exceed 25% of the total contract amount ($39,135).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for
Phase Said Phase
1. $
3. $
4. $
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Four Party Agreement
11/6/2003 Page 34
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant Fill perform all of the
General and Detailed Services herein required of Consultant for including all
Materials and other "reimburseables" ("Maximum Compensation"). The City will also
receive a standard administrative fee amounting to 10% of the contract.
(X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $156,540 (plus
optional task plus 25% if negotiated as set forth above) ("Authorization Limit"), Consultant
shall not he entitled to any additional compensation without further authorization issued in
writing and approved by the City Council. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost and expense.
11/6/2003 Four Party Agreement
Page 35
Rate Schedule
Hourly
Category of Employee Name Rate
Project Manager Karen Ruggels* $149
Senior Planner Elysian Mah, AICP* $86
Environmental Specialist $75
Environmental Analyst $64
Graphics/Word Processing Amy Slater* $58
*Other individuals fxom the Consultant firm may be substituted in place of the names listed
solely at the discretion of the City's Environmental Review Coordinator.
CONSULTANT'S COST BREAKDOWN
TASK TOTAL COST
Task 1 - Prepare Technical Reports and First Screencheck
Land Use, Planning, and Zoning $1,215
Landform Alteration/Aesthetics (not incl. Photosimulation) $1,215
Traffic, Circulation, and Access (EIR section only) $1,229
Traffic Impact Analysis - tech. report by LLG* $76,505
Air Quality (EIR section only) $909
Air Quality Impact Analysis - tech. Report by Giroux and Assoc. $2,000
Noise (EIR section only) $909
Noise Impact Analysis - tech. Report by Giroux and Assoc, $2,000
Cultural Resources (no technical report) $874
Review of Applicant's report (ASM Affiliates) $1,000
Paleontological Resources (no technical report) $753
Biological Resources (no technical report) $551
Review of Applicant's report (Bonterra) $1,000
Agricultural Resoumes $874
Hydrology and Water Quality $736
Geology and Soils $773
Public Services and Utilities $754
Thresholds Analysis $2,037
Other EIR Sections (includes Table of Contents, Executive $4,987
Summary, Introduction, Project Description, Environmental Setting,
Cumulative Effects, Effects Found Not to be Significant, Growth
Inducing Effects, Significant Irriversible Effects, References List of
Preparers)
Alternatives $3,781
MMRP $1,922
Report Graphics, Word Processing $2,710
Task 3 - Prepare Second Screencheck
Revise Documents $4,215
Four Party Agreement
11/6/2003 Page 36
Task 4 - Prepare Third ScreenchecldNOAJNOC
Revise Documents $3,605
Task 5 - Public Review Draft EIR/NOA/NOC
Final Edits and Distribution $3,426
Task $ - Candidate CEQA Findingsl$OC
Prepare, Revise, and Finalize $2,316
Task 7 - Response to Comments/Final EIR/MMRP/NOD
Prepare drafts, revise, and finalize documents $4,857
Task 8 - Meetings and Hearings
Team Meetings $8,920
Workshops. Hearings (1 workshop, 2 PC, 1 RCC and 1 CC hearing) $2,235
Task 9 - Project Coordination and Management $8,232
Expenses
Reproduction, Supplies, Mileage, Postage, misc. $10,000
TOTAL EIR $156,540
( ) Consultant's hourly rates may increase by 6% for services rendered after
Materials Separately Paid For by Applicant
Cost or Rate
( ) Materials None. Included in Cost.
Reports
Copies
( ) Travel None. Included in Cost.
( ) Printing None. Included in Cost.
( ) Postage None. Included in Cost.
( ) Delivery None. Included in Cost.
( ) Long Distance Telephone Charges None. Included in Cost.
( ) Other Actual Identifiable Direct Costs None. Included in Cost.
(X) Other -SANDAG Model Run Fees Actual
Four Patty Agreement
11/6/2003 Page 37
Deposit
(X) Deposit Amount: $156,540. As agreed to by the Applicant, 77% of the Deposit ($120,536)
is to be made by McMillin Otay Ranch LLC and 23% of the Deposit ($36,004) is to be made
by Otay Project, LP. Applicant agrees to deposit within 10 days if City requests to do so, a
sum (estimated to be up to $59,135 (contingency and optional task fees) for additional
services if such services are required by the City's Environmental Review Coordinator.
(×) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing fi:om thc amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of __ in subject account that shall be
immediately replenished upon the request of the City.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: In accordance with milestones identified herein.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
Four Party Agreement
11/6/2003
Page 38
( X ) Other: Upon completion of the milestones identified herein.
C. City's Account Number: To be assigned after agreement is processed.
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X)Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
City's Environmental Review Coordinator
( ) Other:
Four Party Agreement
11/6/2003 Page 39
COUNCIl, AGENDA STATEMENT
Item No.: t~
Meeting Date: 11/18/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a
Three-Party Agreement between the City of Chula Vista, Dudek &
Associates, Inc., Consultant, and Yacoel Properties I, LLC., project
applicant, for consultant services related to the preparation of an
Environmental Impact Report (EIR) for the Crossings Commercial retail
project and Tentative Parcel Map and authorizing the Mayor to execute
said agreement.
SUBMITTED BY: Director of Planning and Building~
REVIEWED BY: City Manager ~(~' (4/5ths Vote: Yes No X )
Yacoel Properties I, LLC has filed a general plan amendment, rezoning request, design review
application, tentative parcel map and grading plan application to facilitate the development of a new
shopping center within the Otay Valley Redevelopment Project Area. The project, encompassing 17
acres, is projected to include retail and restaurant uses totaling approximately 190,000 square feet of floor
area. The City's Environmental Review Coordinator has determined that the proposed project requires
the preparation of an Environmental Impact Report (EIR). The item before the City Council is a request
to approve the contract with DUDEK & Associates, Inc. for an amount not to exceed $111,613 to provide
consultant services for the preparation of an Environmental Impact Report (EIR).
RECOMMENDATION:
That the City Council adopt the Resolution approving a three-party agreement between the City of Chula
Vista, DUDEK & Associates, Inc. Consultant, and Yacoel Properties I, LLC, Project Applicant, for
consultant services related to the preparation of an environmental impact report (EIR) for the Crossings
Commercial Retail Project and Tentative Parcel Map and authorize Mayor to sign.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The applicant, Yacoel Properties I, LLC has presented a plan to the Agency, which will allow the
development of a seventeen acre parcel located at 4501 Main Street.. Discretionary actions required to
accomplish the expansion include amending the General Plan, a rezoning request, tentative parcel map,
grading plan and Design Review approval. A Precise Plan (if determined needed) would establish the
land uses, zoning and design guidelines for the project.
Page 2, Item No.: (SZ~
Meeting Date: _11/18/03
Pursuant to the California Environmental Quality Act (CEQA), the City's Environmental Review
Coordinator has determined that the proposed project requires the preparation of an EIR.
Because the Planning & Building Department does not have the staff to conduct this review and
prepare the Environmental Impact Report (EIR), an outside consultant was sought with the
expertise necessary to prepare the EIR.
Consultant Sevices Selection Process
The Environmental Review Coordinator issued a Request for Proposal (RFP) to environmental
consultants on the City's list of qualified consultants. Of those firms, seven submitted proposals
to prepare the EIR. A Selection Committee was appointed pursuant to Section 2.56.110 of the
Chula Vista Municipal Code to review the proposals and conduct interviews of the most
qualified firms based on established evaluation criteria. The Selection Committee reviewed and
ranked the proposals on company experience, quality of management team, capacity to perform
the work, project understanding, proposal quality and clarity, local experience, and billing rates.
The Selection Committee reviewed the top three proposals and determined that DUDEK &
Associates, Inc. was uniquely qualified to perform the required consultant services for the
Crossings Commercial Retail Project. Based on that conclusion, a three-party agreement was
negotiated by the Environmental Review Coordinator between the parties in accordance with the
Environmental Review Procedures.
Scope of Work
DUDEK & Associates, Inc. will function as the Environmental Consultant to the City of Chula Vista
under a three-party agreement with the Applicant and under the supervision of the City's Environmental
Review Coordinator. The responsibilities of the Environmental Consultant will include the following:
Review of the available project information;
Facilitate preparation of air quality and noise technical reports;
Prepare Screencheck, draft and final EIR;
Prepare responses to comments received during public review;
Prepare Findings and the Mitigation Monitoring Reporting Program; and
Attend team meetings and public hearings.
The scope of work for this contract addresses the proposed Crossings Commercial Retail Project which
seeks to develop a new shopping center consisting of retail and restaurant uses totaling approximately
190,000 square feet.
Contract Payment
The total cost of the contract for consulting services is $89,290, with an additional $7,500 for the optional
task of preparing photo simulations, and a 25% contingency ($22,323) for additional services to cover
unforeseen issues that may arise during preparation of the EIR and if determined to be necessary by the
City's Environmental Review Coordinator. The project applicant will pay all consultant costs.
The City's Risk Manager and Attorney's Office have reviewed and approved the form of the contract.
Page 3, Item No.: f
Meeting Date: 11/18/03
FISCAL IMPACT:
There will be no resulting fiscal impact to the City of Chula Vista. The applicant Yacoel Properties
LLC will fully compensate the consultant. The total EIi~ contract amount is $111,613.
Attachments:
1. Three Party Agreement between the City of Chula, DUDEK & Associates, Inc., and Yacoel
Properties I, LLC.
J:\Planning\BenG\CrossingsCCAGENDASTATEMENT.doc
RESOLUTION NO.
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY
O1~ CHULA VISTA, DUDEK & ASSOCIATES, 1-NC., CONSULTAiNrr
AND YACOEL PROPERTIES I, LLC., PROJECT APPLICANT FOR
CONSULTANT SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CROSSINGS
COMMERCIAL RETAIL PROJECT A_ND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
WHEREAS, Yacoel Properties I, LLC., "Applicant", has submitted an application for the
processing of the Crossings Commercial Retail Project; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Environmental
Review Coordinator has determined that the proposed project requires the preparation of an
Environmental Impact Report (EIR); and
WHEREAS, it was determined by the Director of Planning & Building Development that staff
does not have the available time and would need additional expertise support to perform the subject
work; and
WHEREAS, A Request for Proposal was distributed to various persons or firms included in the
City's list of qualified Environmental Consultants, and seven proposals were received by the City; and
WHEREAS, a selection committee was appointed in accordance with Section 2.56.110 of the
Chula Vista Municipal Code, to review the Proposals to prcpare an EIR and conduct interviews of the
most qualified firms based on established evaluation criteria; and
WHEREAS, the Sclection Committee interviewed thc top three firms and recommended
DUDEK & Associates, Inc., to perform the required consulting serviccs for the City; and
WHEREAS, the City of Chula Vista Environmental Review Coordinator has negotiated the details
of this agreement in accordancc with proccdur~s set forth in Sections 2.56.110 of the Chula Vista Municipal
Code and Sections 6.5.2 and 6.6 of the Environmental Review Procedures; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the EIR; and
WHEREAS, DUDEK & Associates, Inc. is uniquely qualified to serve as Environmental
Consultant for this contract based on their familiarity with the project and project area, demonstrated
ability to perform while working as a Consultant to the City on other projects, their familiarity with
project requirements, and proven ability to meet necessary timefi'ames; and
WHEREAS, DUDEK & Associates, Inc. represents that they are experienced and staffed in a
manncr such that they can prepare and deliver the required services to the City of Chula Vista within the
necessary fimefi'ames; and
WHEREAS, the proposed contract with DUDEK & Associates, Inc. to provide consultant
services would be in an amount not to exceed $89,290 with an additional $7,500 for optional tasks
identified in the scope of work and $22,323 for ac~dit~nal,s?vices should they be necessary.
NOW, THEREF(3RE, BE IT RESOLVED that the City Council of the of the City of Chula Vista
does hereby approve the Agreement between the City of Chula Vista; DUDEK & Associates, Inc.
(Consultant) and Yacoel Properties I, LLC (Applicant) related to the preparation of the Environmental
Impact Report (EIR) for the Crossings Commercial Retail Project, a copy of which shall be kept on file
in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby
authorize the Mayor to execute the Agreement between the City and "Consultant" and "Applicant".
Presented by Approved as to form by
James D. Sandoval
Director of Planning & Building Department City Attorney
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated:
Three party agreement between the-City of Chula vista
Dudek & Associates, and Y~coel Properties,I~,LELC related
for consulting services relater to the preparation of an
EIR for the Crossings Coa~aercial Retail and Tentative
Parcel Map
Three-Party Agreement
Between
City of Chula Vista,
DUDEK & Associates, Inc. Consultant, and
Yacoel Properties I, LLC., Applicant
For Consulting Work to be rendered with regard to Applicants'
Project
1. Parties.
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as of
the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State
of California, the person designated on the attached Exhibit A as
"Consultant", DUDEK, whose business form and address are indicated
on the attached Exhibit A, and the person(s) designated on the
attached Exhibit A as "Applicant", Yacoel Properties I, LLC.,
whose business form and address are indicated on the attached
Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land
("Property") commonly known as, or generally located as, described
on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the
Project described on Exhibit A, Paragraph 2, and in that regard,
has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on
Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of
Applicant, Work of the general nature and tyge described in Exhibit
A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or
resources to process the application within the time frame
requested for review by the Applicant.
11/11/03 Three-Party Agreement
Page 1
2.5. This agreement proposes an arrangement by which
Applicant shall retain, and be liable for the costs of retaining,
Consultant, who shall perform the services required of Consultant
by this Agreement solely to, and under the direction of, the City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit B.
3. Aqreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3'.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City,
and at Applicant's sole cost and expense, to perform to, and for
the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4,
entitled "General Nature of Consulting Services", ("General
Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the
benefit of City all of the services described in Exhibit A,
Paragraph 5, entitled "Detailed Scope of Work", ("Detailed
Services"), and all services reasonably necessary to accomplish
said General Services and Detailed Scope of Work, and shall deliver
such documents required ("Deliverables,,) herein, all within the
time frames herein set forth, and in particular as set forth in
Exhibit A, Paragraph 6, and if none are set forth, within a
reasonable period of time for the diligent execution of
Consultant's duties hereunder. Time is of the essence of this
covenant.
The Consultant does hereby agree to perform said General and
Detailed Services to and for the primary benefit of the City for
the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the
Consultant shall do so in a good, professional manner consistent
with that level of care and skill ordinarily exercised by members
of the profession currently practicing under similar conditions and
in similar locations, at its own cost and expense except for the
compensation and/or reimbursement, if any, herein promised, and
shall furnish all of the labor, technical, administrative,
professional and other personnel, all supplies and materials,
11/11~3 Three-PartyAgreement
Page 2
machinery, equipment, printing, vehicles, transportation, office
space and facilities, calculations, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by
the City or Applicant, necessary or proper to perform and complete
the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services
rendered by Consultant without regard to the conclusions reached by
the Consultant, and according to the terms and conditions set forth
in Exhibit C adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement, by
paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of
Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such
payment by the City, City shall promptly, not later than 15 days,
or in accordance with the Bill Processing procedure in Exhibit C,
if checked, pay said amount to the Consultant. City is merely
acting in the capacity as a conduit for payment, and shall not be
liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise
directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the
concurrence of City, determines that additional services
("Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the
Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional
services on a time and materials basis paid for by Applicant at the
rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between
the parties.
3.2.2. In the event that the City shall determine that
additional work is required to be performed above and beyond the
scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails
or refuses to arrange and pay for said Additional Services, the
City may, at its option, suspend any further processing of
Applicant's Application until the Applicant shall deposit the
City's estimate of the costs of the additional work which the City
determines is or may be required. Applicant shall pay any and all
additional costs for the additional work.
Three-Party Agreement
11/11/03 Page 3
3.2.3. Reductions in Scope of Work. City may
independently, or upon request from Consultant, from time to time
reduce the 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. Upon failure to agree, the Fixed Fee may be
unilaterally reduced by the City by the amount of time and
materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of
Consultant by Applicant, Applicant shall, upon execution of this
Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of
such trust being as indicated on Exhibit C and as hereinbelow set
forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to
retain from said Deposit all costs incurred by City for which it is
entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit
Amount, if any, shall accrue to the benefit of, and be used for,
Trust purposes. City may, in lieu of deposit into a separate bank
account, separately account for said deposit in one or more of its
various bank accounts, and upon doing so, shall proportionately
distribute to the Deposit Trust, the average interest earned during
the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned to
Applicant not later than 30 days after the termination of this
Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within
30 days after of the use of the Deposit in any manner. Nothing
herein shall invalidate use of the Deposit in the manner herein
authorized.
Three-Party Agreement
11/11/03 Page 4
3.3.1.1.5. At such time as City shall
reasonably determine that inadequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City may
make demand of Applicant to supplement said Deposit Amount in such
amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing the
original Deposit.
3.3.2. Withholding of Processing. In addition to use of
the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City
shall be entitled to withhold processing of Applicant's Application
upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. 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:
4.1.1. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount set forth in
the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance coverage
in the amount set forth in Exhibit A, Paragraph 10, combined single
limit applied separately to each project away from premises owned
or rented by Consultant, which names City, Applicant, and current
property owner 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 and Applicant in the
same manner as members of the general public ("Cross-liability
Coverage").
4.1.3 Business Automobile Liability Insurance including
Business Automobile Insurance coverage in the amount set forth in
11/11/03 Three-Party Agreement
Page 5
Exhibit A, Paragraph 10, combined single limit. Coverage to apply
to all "autos" owned, hired or borrowed by contractor.
4.1.4. Errors and Omissions insurance, in the amount set
forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance CoYeraqe.
4.2.1. 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.
4.2.2. Policy Endorsements Required. In order to
demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be
the responsibility of the City and the Applicant. The Consultant
shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or
after its completion, except on written concurrence of the City and
Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant
except in the presence of the City, or by writing an exact copy of
which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the
Applicant to ensure the adequacy of services performed by
Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
Three-Party Agreement
l 1/11/03 Page 6
The Applicant shall provide to the Consultant, through the
City, for the use by the Consultant and City, such documents, or
copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in
performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 7.
5.2. ProDerty Access.
The Applicant hereby grants permission to the City and
Consultant to enter and access the Property, to take any borings,
make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall promptly repair any damage to the
subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising
from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant
except in the presence of the City, or by writing an exact copy of
which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they
desire with the Consultant to ensure the adequacy of services
performed by Consultant.
6. Administrative ReDresentatives.'
Each party designates the individuals ( "Administrators', )
indicated in Exhibit A, Paragraph 8, as said party's contract
administrator who is authorized by said party to represent them in
the routine administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Desiqnated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to
the City Clerk on the required Statement of Economic Interests in
11/11/03 Three-Party Agreement
Page 7
such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City
Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this Agreement.
7.4. Promise Not to Acquire Conflictinq 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.
7.5. ~ut¥ to Advise of Conflictinq 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.
7.6. Specific Warranties Aqainst Economic Interests.
11/11/03 Three-Party Agreement
Page 8
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 the property which
is the subject matter of the Project, or in any property within 10
radial miles from the exterior boundaries of the property which is
the subject matter of the Project, or ("Prohibited Interest").
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
by Applicant or by any other party as a result of 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.
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.
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if
the Consultant breaches this agreement or if the Consultant refuses
or fails to pursue the work under this agreement or any phase of
the work with such diligence which would assure its completion
within a reasonable period of time. Termination of this agreement
because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Riqht to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this
agreement, the City shall have the absolute right at any time to
terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City
in the absence of default of the Consultant, the City shall pay the
Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination,
Three-Party A~eement
11/11/03 Page 9
less the aggregate of all sums previously paid to the Consultant
for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims
for damage or compensation arising under this agreement, except as
set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon
demand of the City, the Consultant shall deliver to the City, all
field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in
performance of this agreement, and all such documents and materials
shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall
provide a copy, at Applicant's cost, of all such documents to the
Applicant.
9.5. Applicant shall have no right to terminate Consultant,
and shall not exercise any control or direction over Consultant's
work.
10. Administrative Claims Requirement and Procedures.
No suit 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 of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set forth
in Chapter 1.34 of the Chula Vista Municipal Code, the provisions
of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City re. Injuries.
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
11/11/03 Three-Party Agreement
Page 10
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, or 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
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.
11.2. ADplicant to Indemnify City re. Compensation of
Consultant.
Applicant agrees to defend, indemnify and hold the City
harmless against and from any and all claims, losses, damages,
expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City
Indemnities"), in any way resulting from or arising out of the
refusal to pay compensation as demanded by Consultant for the
performance of services required by this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license from the City
and to otherwise comply with Chula Vista Municipal Code, Title 5.
Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code,
Title 5.
Three-PartyAgreement
11/11/03 Page 11
13. Miscellaneous.
13.1. Consultant Not Authorized To Represent City.
Unless specifically authorized in writing by City, neither
Consultant nor Applicant shall have authority to act as City's
agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit
A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event
not herein legally required to be given shall in itself create the
right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4. Entire Aqreement.
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.
13.5. 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; that all
11/11/03 Three-Party Agreement
Page 12
resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
13.6. Governinq Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. A/ly 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.
13.7. Modification.
No modification or waiver of any provision of this Agreement
shall be effective unless the same shall be in writing and signed
by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
13.9. Severabilit¥.
In the event that any provision of this Agreement shall for
any reason, be determined to be invalid, illegal, or unenforceable
in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this
Agreement or such other appropriate action as shall, to the maximum
extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein.
13.10. Headinqs.
The captions and headings in this Agreement are for
convenience only and shall not define or limit the provisions
hereof.
13.11. Waiver.
11/11/03 Three-Party Agreement
Page 13
No course of dealing or failure or delay, nor the single
failure or delay, or the partial exercise of any right, power or
privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a
payment by either party with knowledge of the existence of a breach
shall not operate or be construed to operate as a waiver of any
such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative
and not exclusive of any rights or remedies, which the parties
might otherwise have unless, this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this
agreement may have an affect upon persons not parties hereto, the
parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to
this agreement. Notwithstanding the foregoing, this is a three
party agreement and the City is an express third party beneficiary
of the promises of Consultant to provide services paid for by
Applicant.
(End of Page. Next Page is Signature Page.)
Three-Par~yAgreement
11/11/03 Page 14
Signature Page (one of two)To
Three-Party Agreement
Between
City of Chula Vista,
DUDEK & Associates, Inc., Consultant, and
Yacoel Properties I, LLC., Applicant
For Consulting Work to be rendered with regard to Applicants'
Project
(Page 1 of 2)
NOW THEREFORE, the parties hereto, having read and
understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated: City of Chula Vista
By:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
Dated: //-~/-/_..7~ Consultant:~UDEK & Associates Inc.
//A CalJ~foF~a Corporation
By: /~F~~~
~ek, President
11/11/03 d~ ~i Three-Party Agreement
~ Page 15
Signature Page (two of two) To
Three-PartyAgreement
Between
City of Chula Vista,
DUDEK & Associates, Inc., Consultant, and
Yacoel Properties I, LLC., Applicant
For Consulting Work to be rendered with regard to Applicants'
Project
(Page 2 of 2)
Dated: Applicant:
Yacoel Properties I, LLC.
A California Limited Liability
Company
By: Yacoel Properties I, LLC.
A California Limited Liability
Company
Claude Yacoel/
Title: Managing Member
Three-Party Agreement
11/11/03 Page 16
Exhibit A
Reference Date of Agreement: Noven%ber 18, 2003
Effective Date of Agreement: Date of City Council Approval of
Agreement
City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: DUDEK & Associates, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 605 Third Street, Encinitas, CA. 92024
Applicant: Yacoel Properties I, LLC.
Business Form of Applicant:
( ) Sole Proprietorship
(X) a California Limited Liability Co.
( ) Corporation
( ) Other:
Address: 2801 W. Coast Highway, Suite 380
Newport Beach, CA 92663
1. Property Location:
The Chula Vista Crossings Commercial Retail project site is located
at 4501 Main Street. It is bounded by Main Street to the north, a
telephone utility truck yard and vacant area to the east, a vehicle
and equipment storage yard and the Otay River Valley to the south,
and California Interstate-805 freeway to the west.
11/11/03 Three-Party Agreement
Page 17
2. Project Description ("Project"):
The project consists of the preparation of a Project Environmental
Impact Report (EIR) for the Crossings Commercial Retail Development
Project. The project proposes a new shopping center consisting of
retail and restaurant uses totaling approximately 188,000 square
feet. The project would involve a General Plan amendment, a
Rezoning, a Precise Plan (if determined necessary), a Tentative
Parcel Map (the "Development") and require Design Review Committee
approval.
3. Entitlements applied for:
Proposed discretionary actions for the Property include: Amending
the General Plan and a Rezoning request. Other proposed
discretionary actions include approval of a Precise Plan (if
determined necessary), tentative parcel map, grading permit and
Design Review approval.
4. General Nature of Consulting Services ("Services--General"):
DUDEK shall prepare a Project EIR for the Development to the
satisfaction of the City's Environmental Review Coordinator and to
meet State and City environmental review requirements.
5. Detailed Scope of Work ("Detailed Services"):
DUDEK shall prepare a Project Environmental Impact Report (EIR) for
the Development in accordance with the California Environmental
Quality Act (CEQA). DUDEK shall also work closely with the City of
Chula Vista staff to ensure that the EIR for the Development shall
meet all of the City's needs. The EIR must comply with the current
California Environmental Quality Act (CEQA) of 1970 (Public
Resources Code Section 21000 et seq.); the current State CEQA
guidelines (California Administration Code section 15000 et seq.);
the Environmental Review Procedures of the City of Chula Vista; and
the regulations, requirements, and procedures of any responsible
public agency or any agency with jurisdiction by law. All Detailed
Services described herein shall be performed by DUDEK to the
satisfaction of the City's Environmental Review Coordinator.
DUDEK shall consult with all trustee and responsible agencies,
agencies having jurisdiction by law and any other person or
organization having control over or interest in the Development as
necessary to ensure that the EIR is current and complete as to
Three-PartyA~eemem
11/11/03 P~e 18
issues raised by such persons or entities.
The Draft and Final EIR shall be prepared in such a manner that
they will be meaningful and useful to decision-makers and to the
public. Technical data is to be summarized in the body of the
report and placed in an appendix. All documents shall be prepared
in Microsoft Word 2000.
The EIR shall be prepared to include the required sections of an
EIR, as set forth in applicable law including State CEQA Guidelines
Section 15122 15131. The document shall be formatted as directed
by the City and shall include, but not be limited to the following
sections:
· Table of Contents
Executive Summary
· Introduction
· Project Description
· Environmental Setting
· Environmental Impact Analysis
Cumulative Impacts
· Growth Inducing Impacts
· Alternatives
· Mitigation Monitoring & Reporting Program
· Irreversible Environmental Changes
· Effects Found not to be Significant
· References, Persons and Agencies Contacted and EIR Preparation
DUDEK shall compile supporting documents into separate volume(s) to
be referred to as the Appendices to the EIR. The Appendices shall
include the Notice of Preparation (NOP), responses to the NOP and
any technical reports and relevant technical information generated
for the EIR.
11/11/03 ThreeqPaxty Agreement
Page 19
SPECIFIC TASK DESCRIPTION:
In providing environmental services for the Crossings Commercial
Retail project (the ~Development"), DUDEK shall perform the
following tasks:
Task 1- Initial Study and Notice of Preparation
I. Review of Existinq & Proposed Documents
DUDEK will review documents that have been or will be prepared for
the Crossings Commercial Retail project area, including, but not
limited to:
1) The City of Chula Vista General Plan.
2) City of Chula Vista Zoning Ordinance Text.
3) Biological Constraints Analysis prepared on September 29, 2003
for the applicant by URS Corporation consultants.
4) Traffic Analysis prepared on September 30, 2003 by Linscott,
Law & Greenspan (LLG) for the City and as approved by the City
Engineer.
5) Signalized Commercial Access Main Street Chula Vista
prepared on June 2, 2003 by Urban Systems Associates, Inc. for
the applicant.
5) Geotechnical Investigation prepared on July 1, 2003 for the
applicant by GEOCON, Incorporated, Geotechnical Consultants.
6) Phase I Environmental Site Assessment prepared on February 19,
2003 prepared for the applicant by URS Corporation
consultants.
7) Conceptual Drainage Plan to be prepared for the Applicant by
his engineering consultant.
II. Notice of Preparation
DUDEK will prepare a draft Notice of Preparation (NOP) (Deliverable
No. 1) . City staff will review the draft NOP and, if necessary
provide comments to DUDEK. DUDEK shall incorporate the City's
comments and provide the City with a final NOP (Deliverable No.1).
Three-Party Ag~ement
11/11/03 Page 20
£
The final NOP and the Environmental Checklist Form (Deliverable No.
2) will be made available for public review at local libraries and
other appropriate locations. Comments received during the 30-day
public review period will be used to finalize the scope of the
Draft EIR, including the project description.
III. Initial Study
DUDEK will prepare a draft Initial Study (Deliverable No. 4) using
the environmental checklist based on the City of Chula Vista's
Environmental Checklist Form or the Environmental Checklist Form in
the State CEQA Guidelines (Appendix G) to assess the potential
environmental impacts associated with the Development and to
identify those issues that are potentially affected by the proposed
Development. The Environmental Checklist will form the basis to
support which issues will be addressed in detail in the EIR for the
Development and which issues have been identified as not
significant and warrant no further discussion. City staff will
review the draft Initial Study and, if necessary provide comments
to DUDEK. DUDEK shall incorporate the City's written comments and
provide the City with a final Initial Study to be made a part of
the first Screencheck.
Task 2- First $creencheck Draft EIR and Associated Technical
Reports
DUDEK shall prepare a description of existing conditions for,
collect data on, and analyze potential impacts to the environmental
issues identified in the project-specific Environmental Checklist
Form for the Development. The preparation of technical reports and
any modeling required to complete these reports is addressed under
the individual issue discussions.
I. EIR Sections
A. Introduction -- This section of the EIR will describe the
proposed Development's background, purpose and need, and
objectives. The introduction will also provide an overview of
the CEQA process and related permits and discretionary actions
required for implementation of the proposed Development.
B. Project Description -- This section of the EIR will describe
in detail the key features of the proposed Development,
including the "worst case" scenario for the Development
11/11/03 Three-Party Agreement
Page 21
evaluation.
C. Environmental Setting -- This section of the EIR will present
a discussion of existing conditions within the Property and
adjacent land parcels that could be affected by the proposed
development.
D. Environmental Issues -- This section of the EIR will present
an analysis of each of the environmental issues identified in
the project-specific Environmental Initial Study. The
analysis will identify potentially significant environmental
impacts that could result from implementation of the proposed
Development and proposed mitigation measures to reduce these
impacts to below a level of significance.
II. Specific Issues to be addressed in the Draft EIR:
A. Land Use, Planning, and Zoning
Existing plans, policies, and ordinances related to land use
that affect the Development site will be identified and
reviewed by DUDEK. Documents to be reviewed include, but are
not limited to:
The Chula Vista General Plan and all related elements; and
The Chula Vista Zoning Ordinance as it relates to the specific
property.
The EIR will evaluate the Development for compatibility with
adjacent land uses and surrounding densities; identify whether
the Development has substantial conflicts with the established
community character; and identify inconsistencies or conflicts
between the Development and the goals, objectives, and
policies of any applicable plan policy, ordinance, guideline,
or regulation, particularly in relation to the Otay Valley
Redevelopment Project Area and the existing General Plan
designation. The EIR will evaluate the impacts of the
proposed physical improvements that could result upon
implementation of the Development in the Otay Valley
Redevelopment Project Area in view of the proposed change from
an industrial land use to a commercial retail land use. The
EIR will include both a plan-to-plan and a plan-to-ground land
use analysis. The land use analysis will be contained in the
EIR.
Three-Party Agreement
11/11/03 Page 22
B. Landform Alteration/Aesthetics
The EIR will analyze the impact of the proposed Development on
existing landform and community character. The necessary text,
and maps shall be set forth in the EIR describing the
appearance before and after the Development.
C. Transportation, Circulation, and Access
The traffic sectiQn of the EIR will be based on the technical
report dated September 30, 2003 or subsequently revised
versions, prepared by Linscott, Law and Greenspan (LLG) for
the City. The City will, if necessary, provide comments to
LLG and DUDEK, which will be incorporated into the report.
The final Traffic Technical Report and any addendums will be
prepared by LLG and its contents summarized in the EIR by
DUDEK. A copy of the final traffic technical report will also
be included as an appendix to the EIR.
D. Air Quality
Sub-consultant Giroux & Associates will prepare for DUDEK a
written air quality analysis base~ on existing conditions and
existing and proposed land uses on the property and in the
vicinity. DUDEK will assess the projected air quality
impacts, as set forth in the air quality analysis and compare
them with State and Federal clean air standards.
The modeling results will be summarized in the EIR by DUDEK.
The air quality technical report will be included in the EIR
appendices.
E. Noise
DUDEK will prepare a written noise analysis based on existing
and proposed land uses on the property and in the vicinity.
DUDEK will assess the projected noise levels, as set forth in
the noise analysis and compare them with City, and State
guidelines, standards and ordinances.
The EIR will address potential construction-related noise
impacts. In addition, increased traffic anticipated from the
proposed Development could result in an increase in noise
levels along the southerly development boundary vicinity.
DUDEK will prepare an acoustical technical report that will
(1} describe the cumulative effect of road noise on
surrounding land uses and recommend mitigation measures, if
necessary; (2) Assess and evaluate noise levels for the uses
proposed on the site and the specific design and mitigation
features needed in order to buffer noise to any sensitive
11/11~3 Three-Party A~eeme~
P~e 23
habitat areas; and (3) identify the need for and location of
noise barriers, including the height, location, and types of
barriers capable of achieving the desired mitigation effect.
City staff will provide any comments on the draft acoustical
analysis report to DUDEK, which will be incorporated into the
final report. The results of the acoustical analysis will then
be summarized in the EIR and the full written technical report
to be prepared by Dudek will be included as an appendix to the
EIR.
Cultural Resources
DUDEK, through approved subconsultant Brian F. Smith &
Associates will perform a record search at local institutions
to obtain information concerning the locations of known
archaeological resources within or in the vicinity of the
project. These data will be incorporated into a technical
report providing a discussion of its archaeological resources.
Upon completion of this initial research, a project site-level
cultural resource survey will be conducted as determined by
the City's environmental Review Coordinator for the
Development to assess impacts to cultural resources sites
located within the Otay Valley Redevelopment Project Area as
well as identify appropriate mitigation measures for any
identified important resources.
A draft cultural resources analysis, in the form of a
technical report, will be prepared by Brian F. Smith &
Associates and provided to the City's Environmental Review
Coordinator for review. City staff will provide any comments
on the cultural resources analysis to DUDEK, which will be
incorporated into the final report. The results of the final
cultural resources analysis will be summarized in the EIR and
the full written technical report, to be prepared by Brian F.
Smith & Associates, will be included as an appendix to the
EIR.
Paleontological Resources
The EIR will address paleontological impacts and recommend
mitigation including but not limited to on-site monitoring
during grading, recovery and salvage of remains in a timely
manner, and methods for retaining all field notes,
photographs, and maps.
Three-Party Agreement
11/11/03 Page 24
H. Biological Resources
DUDEK will review the biological constraints analysis prepared
by LrRS Corporation for the Applicant dated SeptengDer 29, 2003
and provide third party review. DUDEK will also review
previous biological work conducted on, around and near the
site.
city staff may provide comments on the biological constraints
analysis to DUDEK, which will be incorporated into the report.
The results of the biological constraints analysis will be
summarized in the EIR and will be included as an appendix to
the EIR.
I. Agricultural Resources
DUDEK will evaluate the agricultural significance if any of
the area. This information may be summarized in the land use
text of the EIR and will not be a technical report.
J. Hydrology, Drainage, Urban Sto~aLwater Runoff, Water and Sewer
The EIR will present information concerning surface runoff,
including the amount and rate of runoff in the pre-development
and post-development scenarios. Other areas to be evaluated
include surface water quality as it relates to sedimentation
and other pollutants, effects on drainage courses, and off-
site effects.
The EIR shall address the following, both during and after
construction:
Will the proposal results in discharge of pollutants into
storm drainage systems, surface or ground waters, sensitive
areas, or impaired water bodies?
Will the proposed project result in any alteration of surface
or groundwater quality, including, but not limited to
temperature, dissolved oxygen or turbidity?
Will the proposal result in changes in absorption rates,
drainage patterns, or the rate and amount of surface runoff?
Review the hydrology and drainage, and water quality studies,
in order to describe the watershed/floodplain, storm drains,
drainage improvements, and detention features that exist or
are planned within the project area. DUDEK will also contact
the City of Chula Vista Engineering Department to verify the
I 1/11/03 Three-Party Agreement
Page 25
current status of planned and approved drainage improvements
in the project area.
Based on information provided by the Applicant, DUDEK will
determine the potential for on- and off-site hydrologic
impacts associated with the proposed project. Consultant will
also describe any modifications to the drainage features that
would be anticipated to accommodate the proposed project.
The EIR shall address the water quality protection guidelines
and principles, and Standard Urban Storm Water Mitigation Plan
(SUSMP) and Numeric Sizing Criteria, as set out in the
National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. 2001-01 (NPDES No. CAS0108758), in
the planning and design of the project. Also, the EIR shall
address the structural and non-structural construction and
post-construction Best Management Practices (BMPs) including
maintenance mechanism, and mitigation measure, which will be
developed and implemented to eliminate, or reduce water
quality impacts, to the Maximum Extent Practicable (MEP).
K. Geology and Soils
The EIR will summarize the geotechnical information found in
the Geotechnical Investigation (dated July 1, 2003) prepared
by GEOCON for the applicant specific to the project area. The
summary to be included in the EIR, of the geotechnical
information will include the findings, conclusions, and
recommendations for the project site. DUDEK will also
summarize in writing in the EIR, the geologic setting,
anticipated earth units, faults, and potential geologic
hazards. Recommendations for detailed geotechnical
evaluations and possible mitigation alternatives (e.g., deep
foundations, grading) will be included in the EIR.
L. Public Services and Utilities
DUDEK will provide the necessary EIR analysis, as determined
by the Environmental Review Coordinator, that addresses
services and facilities related to sewer and water, police,
fire, emergency medical service, recreation, schools, library,
solid waste disposal, gas and electricity, and telephone and
cable. Other public facilities, such as transportation and
drainage facilities, will be appropriately addressed in the
EIR as herein referenced.
Three-PartyAgreement
11/11/03 Page 26
In addition, the need for on-site and off-site public facility
improvements will be identified, impacts to public services
and utilities will be assessed, and appropriate mitigation, if
required, will be recommended as determined by the
Environmental Review Coordinator. This information will be
contained in the EIR text.
M. Compliance with City Threshold and Standards Policy and
Findings of Fact
DUDEK will review the Development for compliance with the City
of Chula Vista's growth management standards, to include the
following issues: drainage; traffic; fiscal; police; schools;
libraries; water; air quality; sewage; fire/emergency medical
services; and, parks, recreation, and open space. This
information will be contained in the EIR, and no technical
report will be prepared.
N. Alternatives
DUDEK will examine a reasonable range of alternatives that
could feasibly attain the basic Development objectives,
including alternatives that could reduce significant
environmental effects as identified in the environmental
analysis of the project. Each alternative will be evaluated
as to potentially significant environmental effects through a
quantitative comparative analysis on an issue-by-issue basis.
In addition, the CEQA mandatory ~No Project" alternative will
be addressed, to include a ~plan-to-ground" and "plan-to-plan"
analysis. Other project alternatives will be formulated in
conjunction with City staff, and could include one reduced
scale development alternative.
O. Cumulative Impacts
Cumulative effects could result from the incremental impacts
of the proposed Development. Environmental effects of past,
present, and reasonably foreseeable projects or plans in the
vicinity of the proposed Development will be included in the
environmental evaluation. DUDEK will focus on the potential
for any newly identified cumulative impacts that are
associated with the Otay Valley Redevelopment Project Area and
which were not addressed in a previous Environmental Document.
Indirect cumulative impacts and compliance with the City of
Chula Vista's adopted Threshold Standards and other applicable
policies and programs will also be evaluated. This
information will be contained in the EIR.
11/11~3 Three-Pa~yA~eement
P~e27
P. Other Mandatory CEQA Sections
DUDEK will address all required CEQA sections, including all
sections outlined above, in addition to other mandatory
sections, including Growth Inducement and Effects Not Found to
be Significant. The Development will be evaluated for its
potential to induce economic or population growth through
construction of additional housing in the surrounding
environment, or by the provision of community services and
facilities to serve new development. DUDEK will also provide
a summary of those Effects Found Not to be Significant, with
rationale provided as to how the conclusion of non-
significance was reached. Additionally, Irreversible
Environmental Changes will be discussed, as will Unavoidable
Significant Impacts. The discussion of mandatory effects will
be contained in the EIR.
DELIVERABLE: Twelve (12) copies of the First Screencheck Draft
EIR and Technical Appendices, provided in three-ring binders.
The First Screencheck Draft EIR shall be prepared in Microsoft
Word 2000 and shall be printed at 1.5 spacing.
Task 3 - Second Screencheck Draft EIR
DUDEK will incorporate City staff comments on the First Screencheck
EIR and prepare and submit twelve(12) copies of the Second
Screencheck Draft EIR to the City for review and comment.
DELIVERABLE: Twelve (12) copies of the Second Screencheck
Draft EIR and Technical Appendices, provided in three-ring
binders. The Second Screencheck Draft EIR shall be prepared
in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 4 - Third $creencheck (Administrative) Draft EIR
DUDEK will incorporate City staff and legal counsel comments on the
Second Screencheck Draft EIR and prepare and submit five (5) copies
of the Third Screencheck (Administrative) Draft EIR to the City for
review and comment.
DELIVERABLE: Five (5) copies of the Third Screencheck Draft
EIR and Technical Appendices, provided in three-ring binders.
The Third Screencheck Draft EIR shall be prepared in Microsoft
Word 2000 and shall be printed at single spacing.
Three-Party Ag~ement
11/11~3 Page 28
Task $ - Public Review Draft. EIR/NOA/NOC
DUDEK will incorporate City staff and legal counsel comments on the
Third Screencheck (Administrative) Draft EIR and then prepare the
public review Draft EIR acceptable to the City's Environmental
Review Coordinator. DUDEK will also prepare the Notice of
Availability (NOA) and Notice of Completion (NOC).
DELI¥~RABLES= Twenty-five (25) copies each of the NOA, NOC,
Draft EIR and Appendices, including ten (10) copies of the
documents provided in three-ring binders and the remainder
bound.
Task 6 Candidate Draft CEQA Findings of Fact/Statement of
Overriding Considerations (SOC)
DUDEK will prepare Draft Candidate CEQA Findings of Fact and, if
necessary, a Statement of Overriding Considerations for review by
City of Chula Vista staff and legal counsel. The Findings will
specify which mitigation measures have been incorporated into the
project and those measures that have not, and will explain why
certain measures have been found to be infeasible. The Findings
will also identify feasible project alternatives that could reduce
adverse environmental effects but are not being implemented, with
an explanation as to why they are not being implemented.
DELIVERABLE: Five (5) copies of the draft Candidate Findings
of Fact and Statement of Overriding Considerations.
Task 7 - Response to Comments/Final EIR/~4RP/NOD
I. Responses to Comments/Final EIR
Following the close of public review, DUDEK will meet with City
staff and review all comments received. DUDEK shall prepare draft
responses to comments and associated revisions to the Draft EIR.
DUDEK will submit five (5) copies of the draft responses to
comments and amended EIR sections to the City for review by City of
Chula Vista staff and legal counsel.
DUDEK shall revise the draft responses to comments and amended EIR
sections based on comments submitted by City staff and legal
counsel. DUDEK shall then submit the revised draft responses to
comments and amended EIR sections for review by the City. Any
11/11/03 Three-PartyAgreement
Page 29
changes to the responses to con~nents and amended EIR sections shall
be subject to the approval of the City's Environmental Review
Coordinator. If the City as a result of the comments received
requests additional studies or analyses, DUDEK shall complete those
studies based on the receipt of authorization from the City's
Environmental Review Coordinator.
II. Mitiqation Monitorinq and Reportinq Proqram
The Mitigation Monitoring and Reporting Program (MMRP) will be
developed at the draft EIR stage and finalized after the close of
public review around April 28, 2004. It will list and identify
specific monitoring activities that would be required on an issue-
by-issue basis, and will establish a reporting system and criteria
for evaluating the success of the mitigation measures. In
addition, the MMRP will outline the appropriate time for mitigation
of impacts, such as grading permits, final maps, landscape plans,
or other discretionary actions.
III. Final Candidate CEQA Findinqs of Fact and Statement of
Overridinq Considerations
Should the City determine that additional changes are needed to the
draft Candidate CEQA Findings of Fact and Statement of Overriding
Considerations as a result of the comments received during the
public review period, DUDEK shall revise the draft Candidate
Findings of Fact and Statement of Overriding Considerations to
incorporate these changes. Any changes to the Findings of Fact and
Statement of Overriding Considerations shall be subject to the
approval of the City's Environmental Review Coordinator.
DUDEK shall prepare a Final EIR, which includes the Responses to
Comments and the Mitigation Monitoring and Reporting Program
(MMRP). DUDEK shall also prepare the final Candidate CEQA Findings
of Fact and Statement of Overriding Considerations. In addition, a
draft Notice of Determination and California Department of Fish and
Game (CDFG) fee certification letter for the project shall be
submitted by DUDEK to the City in preparation for filing with the
Count~ Clerk's office, upon project approval.
DELIVERABLE: Twenty-five (25) copies of the Final EIR, MMRP,
and Appendices, and Candidate CEQA Findings and Statement of
Overriding Considerations (if applicable), including ten (10)
copies of the Final EIR provided in three-ring binders and the
remainder bound. One (1) copy of a draft NOD and CDFG fee
certification letter.
Three-Party Agreement
11/l 1/03 Page 30
One (1) reproducible master copy of the Final EIR suitable for
reproduction on City equipment and not three-hole pu-~ched; and
One (1) computer disk copy or CD ROM version of the Final EIR
and related documents that can be read by Microsoft Word 2000.
Task 8 ~ Hearing/Meetings
DUDEK's Senior Project Manager will attend, at the direction of the
City's Environmental Review Coordinator, project team meetings
throughout the Project duration. These include the following
meetings: One {1) project initiation and scoping meeting with the
City, Applicant, and others; one (1) project meeting or workshop if
requested by the City; bi-weekly meetings with City staff to
discuss the EIR and key issues as they arise; one (1) Resource
Conservation Commission meeting; one (1) Planning Commission
meeting on the DEIR and one (1) Planning Commission hearing on the
FEIR; one {1) City Council hearing on the FEIR. DUDEK will attend
a total of fourteen (14) bi-weekly weekly meetings with City staff.
If additional meetings are needed, they will be billed at a time
and materials basis at an agreed to cost. Additional meetings
requested by the City will be considered additional work pursuant
to Sections 3.2.1 and 3.2.2 of this Agreement.
11/11/03 Three-Party Agreement
Page 31
C
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Dates for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Draft NOP Nov. 25,2003
Deliverable No. 2: Final NOP Dec. 4, 2003
Deliverable No. 3: Draft Technical Reports
(air quality, noise,
cultural resources ) Dec. 12, 2003
Deliverable No. 4: First Screencheck EIR Dec. 12, 2003
& Initial Study
Deliverable No. 5: Second Screencheck EIR Jan. 23, 2004
Deliverable No. 6: Third Screencheck EIR Feb. 27, 2004
Deliverable No. 7: Public Rev. Draft EIR/NOC/NOA March 16, 2004
Deliverable No. 8: Draft Findings of Fact & April 15, 2004
if needed SOCs
Deliverable No. 9: Draft EIR Response to May 6, 2004
Comments/MMRP
Deliverable No. 10: Final EIR/MMRP/ May 20, 2004
Final Findings of Fact
and SOC
Draft Notice of
Determination.
Deliverable No. 11: Meetings and Hearings Per Task 8
Dates for Completion of all Consultant Services: Date of City
Council approval of environmental documents, or completion of
all tasks to the satisfaction of the City's Environmental Review
Coordinator, whichever is later.
Three-Party Agreement
11/11/03 Page 32
7. Documents to be provided by Applicant to Consultant:
(X) Site plan
(X) Tentative Parcel Map
(X) Architectural elevations
(X) Project description
(X) Other: Precise Plan (if determined necessary),
Technical Reports (i.e. Traffic Study, Biological
Constraints Analysis, Geotechnical Investigation,
Conceptual Drainage Study, Studies), and related
general development documents.
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review
Coordinator
Applicant: Yacoel Properties I, LLC., Claude Yacoel
Consultant: DUDEK & Associates, Inc., Joseph Monaco
9. Statement of Economic Interests, Consultant Reportin~
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an 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 en~age in
land development, construction or
the acquisition or sale of real
property.
11/11/03 Three-Party Agreement
Page 33
( ) 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.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
(X) Business Automobile Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included
in Commercial General Liability coverage).
11. Permitted Subconsultants:
Brian F. Smith & Associates
12528 Kirkham Court # 3
Poway, CA. 92064
Giroux & Associates
17744 Sky Park Circle, Suite 210
Irvine, California 92614
Three-Paay Agreement
11/11/03 Page 34
Brian F. Smith & Associates will complete the cultural &
paleontological resources analysis under the direction of
DUDEK.
Giroux & Associates will complete the Air Quality analysis
under the direction of DUDEK.
I 1/11/03 Three-Party Agreement
Page 35
Exhibit B
Additional Recitals
WHEREAS, pursuant the California Environmental Quality Act
(CEQA) the City's Environmental Review Coordinator has determined
that the proposed Crossings Commercial Retail Project and Tentative
Parcel Map requires the preparation of an EIR; and
WHEREAS, it was determined by the Interim Director of Planning
and Building Department that staff has neither the available time
or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds for
the consulting services necessary for the preparation of the
environmental documents; and
WHEREAS, a Request for Proposal was distributed to 28 persons
or firms included on the list of qualified Environmental
Consultants, and seven proposals were received by the City; and
WHEREAS, a Selection Committee was established pursuant to
Section 2.56.110 of the Municipal Code to review the proposals and
conduct interviews of the most qualified firms based on established
evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top three
firms and recommended DUDEK & Associates, Inc. to perform the
required services for the City; and
WHEREAS, the City's Environmental Review Coordinator has
negotiated the details of this agreement in accordance with
procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, the proposed contract with DUDEK & Associates, Inc.
to provide consultant services would be in an amount not to exceed
$89,290 with an additional $22,323 for additional services should
they be necessary.
Three-PartyAgreement
11/11/03 Page 36
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of
Consultant as herein required, Applicant shall pay a single fixed
fee in the amounts and at the times or milestones set forth below:
(x) single Fixed Fee Amount: $89,290
EIR for the Crossings Commercial Retail Project and
Tentative Parcel Map.
Milestone or Event Percent and Amount
of Fixed Fee
1. Signing of this agreement by all 10% ($8,929)
parties and upon the request of the
consultant.
2. Submittal of NOP 10% ($8,929)
3. Submittal of First Screencheck 30% ($26,787)
Environmental Document* (to include
Initial Study Checklist)
4. Commencement of Public Review 25% ($22,323)
4. Completion of Final Environmental 15% ($13,392)
Document
5. Retention Percentage - See Section D. 10% ($8,929)
below
7. 25% Contingency Fee**
$22,323
11/11/03 Three-Part, Agreement
Page 37
*For purposes of payment the first screencheck shall completely
address and analyze all issues identified in the detailed scope-of-
work (described in Exhibit "A", Section 5) to the satisfaction of
the City's Environmental Review Coordinator. Payment shall not be
made until the City's Environmental Review Coordinator determines
that a complete screencheck document has been submitted.
**The Environmental Review Coordinator in her discretion
independently or upon request from the Consultant, from time to
time, may negotiate additional services to be performed by the
Consultant under this Agreement in order to cover unforeseen issues
that may be identified during the preparation of the environmental
document ("Additional Services"). The cost of Additional Services
in connection with the environmental document shall not exceed 25%
of the total contract amount ($22,323).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General
and Detailed Services of Consultant as are separately identified in
Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or
milestones set forth herein below ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall
not be entitled to the compensation for a Phase, unless Applicant
shall have issued a notice to proceed to Consultant as to said
Phase.
( ) Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material spent by Consultant in
the )erformance of said Services, at the rates or amounts set forth
herein below 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 Compensation amount, Consultant
agrees that Consultant will perform all of the General and Detailed
Services herein required of Consultant for $89,290 including all
Three-Party Agreement
11/11/03 Page 38
Materials and other "reimbursable,, ("Maximum Compensation,,). The
City will also receive a standard administrative fee amounting to
10% of the contract.
( X ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $89,290 (plus 25% if negotiated as set forth
above) ("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in
writing and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
Consultant's Rate Schedule
Hourly
Cateqor¥ of Employee Rate
Principal $150
Senior Project Manager $140
Environmental Specialist/Planner VI $125
Environmental Specialist/Planner V $125
Environmental Specialist/Planner IV $115
Environmental Specialist/Planner III $105
Environmental Specialist/Planner II $ 90
Environmental Specialist/Planner I $ 80
Analyst $ 60
Research Assistant $ 50
3D Graphic Artist $120
GIS Technician II $ 90
Senior Designer $ 90
Computer Processing $ 65
Clerical Administration $ 55
1 I/11/03 Three-Party Agreement
Page 39
M~efi~sSep~atelyP~dForbyApplicant
Cost or Rate
) Materials NA
Reports
Copies
) Travel NA
) Printing NA
) Postage NA
) Delivery NA
) Long Distance Telephone Charges NA
(X) Other -SANDAG Model Run Fees Actual
Deposit
(X) Deposit Amount: $89,290 -
As agreed to by the Applicant, Yacoel Properties I, LLC.
Applicant agrees to deposit within 10 days upon City's request
to do so: (a) a sum (estimated to be up to $3,000) for
additional Materials separately paid for by the Applicant and
(b) the sum of up to $22,323 if City requests Additional
Services of Consultant.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to
pay Consultant, if this paragraph is "checked", upon City's
receipt of billing by Consultant, and determination by City in
good faith that Consultant's billing is proper, a judgment for
which Applicant agrees to hold City harmless and waive any
claim against City, City shall pay Consultant's billing from
the amount of the Deposit. If Applicant shall protest the
propriety of a billing to City in advance of payment, City
shall consider Applicant's protest and any evidence submitted
prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing
Payments.
Upon determination by City made in good faith that Consultant
is entitled to compensation which shall remain unpaid by
Applicant 30 days after billing, City may, at its option, use
the Deposit to pay said billing.
Three-Party Agreement
11/11/03 Page 40
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X) Other: Milestone
B. Day of the Period for submission of Consultant,s Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Mileston~
C. City's Account Number: To be assigned after agreement is
processed.
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then
notwithstanding other provisions to the
contrary requiring the payment of compensation
to the Consultant sooner, the City shall be
entitled to retain, at their option, the
following Retention Percentage until the City
determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the
satisfaction of the City's Environmental Review
Coordinator.
( ) Other:
11/11/03 Three-PartyAgreement
Page 41
~ (It.-
:....--=
'~~~~
MEMORANDUM
ClW OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
November 14, 2003
TO:
Honorable Mayor and Members ofthe City Council
Donna Norris, Assistant City Clerk d~
FROM:
RE:
Revised Agenda
Attached is a Revised Agenda and an added item for the Meeting of November 18,
2003. In your notebooks, please add Item No. 9.5 and remove Item No. 12.
COUNCIL AGENDA STATEMENT
item ~,-~
Meeting 1]./18/03
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING THE CITY MANAGER, DIRECTOR OF
FINANCE AND DIRECTOR OF ENGINEERING AS THE AUTHORIZED
AGENTS FOR THE CITY OF CHULAVISTA FOR THE PURPOSE OF
OBTAINING STATE FINANCIAL ASSISTANCE UNDER CALIFORNIA
DISASTER ASSISTANCE ACT AND FEDERAL FINANCIAL ASSISTANCE
UNDER PUBLIC LAW 93-288
Director of Finance
SUBMITTED BY: Director of Engineering~_.~
REVIEWED BY: City Manage~
In accordance with Chapter 7 of Division 1 of Title 2 of the Government Code of
California, the Governor can proclaim a State of Emergency, which makes state
financial assistance available to local governments, including counties, cities and
special districts. In addition, the President of the United States may sign a
federal major disaster declaration (FEMA-1498-DR) authorizing the Federal
Emergency Management Agency (FEMA) to provide federal assistance as
authorized under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, P.L. 93-288.
In order for an agency to apply and receive reimbursement for costs incurred
related to a major disaster, an authorized agent must be designated by the public
entity established under the laws of the State of California.
RECOMMENDATION:
That the City Council adopt a resolution designating the City Manager, Finance
Director and the Director of Engineering as authorized agents to execute on
behalf of the City, the application and related documents necessary to obtain
state financial assistance under the California Disaster Assistance Act and for
federal financial assistance under Public Law 93-288.
BOARD/COMMISSION RECOMMENDATIONS: Not Applicable
DISCUSSION:
On October 25, 2003 several uncontrolled fires were burning simultaneously
throughout San Diego County requiring all available emergency personnel to
immediately respond on a mutual aid basis. The Chula Vista Fire Department
deployed resources necessary to provide immediate assistance for the Cedar
Fire, Camp Pendleton Fire, Paradise Fire and the Otay Fire also referred to as
the Mine Fire.
The Otay fire posed an extreme threat to the Otay Mountain range and Eastern
Chula Vista, which posed a danger to the City of Chula Vista's population and
property. The City of Chula Vista's Director of Emergency Services declared a
local state of emergency throughout the City on October 26, 2003.
Staff is working with various departments to identify and account for all costs
incurred related to the wildfires. We are required to submit all required
applications for assistance by November 25, 2003. In order to ensure prompt
payment of state and federal funding, the City must submit a Designation of
Applicant's Agent Resolution (OES from 130). If approved by Council, the City
Manager, Director of Finance and City Engineer will be designated as the City's
authorized agents for this declared emergency and any future emergencies
declared by the City's Director of Emergency Services.
FISCAL IMPACT:
FEMA will fund 75 percent of eligible emergency work and debris removal costs
associated with the wildfires under the Public Assistance Program. Based on
initial estimates, the City of Chula Vista has incurred approximately $200,000 in
costs, primarily related to overtime and callback costs, as a result of the fires. We
anticipate receiving approximately $150,000 in reimbursements from FEMA.
RESOLUTION 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING THE CITY MANAGER, DIRECTOR OF FINANCE AND
DIRECTOR OF ENGINEERING AS THE AUTHORIZED AGENTS FOR THE
PURPOSE OF OBTAiNING STATE FINANCIAL ASSISTANCE UNDER
CALIFORNIA DISASTER ASSISTANCE ACT AND FEDERAL
ASSISTANCE UNDER PUBLIC LAW 93-288
WHEREAS, in accordance with Chapter 7 of Division 1 of Title 2 of the
Government Code of California, the Governor can proclaim a State of Emergency, which
makes state financial assistance available to local governments, including counties, cities
and special districts; and
WHEREAS, in order for an agency to apply and receive reimbursements for costs
incurred related to a major disaster, an authorized agent must be designated by the public
entity established under the laws of the State of California; and
WHEREAS, staff is working with various departments to identify and account for
all costs incurred related to wildfires; and
WHEREAS, in order to ensure prompt payment of state and federal funding, the
City shall submit a Designation of Applicant's Agent Resolution (Exhibit A); and
WHEREAS, upon approval of the Designation of Applicant's Agent Resolution
form (Exhibit A) by the City Council, the City Manager, Director of Finance, and City
Engineer will be designated as the City's authorized agents for this declared emergency
and any future emergencies declared by the City's Director of Emergency Services.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula
Vista does hereby (1) approve the Designation of Applicant's Agent Resolution (Exhibit
A), designating the City Manager, Director of Finance, and Director of Engineering as
authorized agents for the City of Chula Vista for the purpose of obtaining Financial
Assistance under California Disaster Assistance Act and Federal Financial Assistance
under Public Law 93-288; and (2) authorize the Mayor and staff to complete the form
resolution and take any and all other actions necessary to implement same.
Presented by Approved as to form by
DMi r areic~ oI~ a~fh~ ~n°a°nr ic:~ -- ~ey ~.~~
Clifford Swanson
Director of Engineering
J:Attomey\Reso\Designation
OFFICE OF
EMERGENCY SERVICES
EXHIBIT A P.A. No.:
· DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT_RESOLVED BYTHE CITY COUNCIL OFTHE CITY OF CHULA VISTA
(Governing Body) (Name of Applicant)
THAT CITY MANAGER OR
(Title of Authorized Agent)
DIRECTOR OF FINANCE , OR
(Title of Authorized Agent)
DIRECTOR OF ENGINEERING
(Title of Authorized Agent)
is hereby authorized to execute for and in behalf of the , a public entity
established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the
purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the , a public entity established under the laws of the State of California, hereby
authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Passed and approved ttfis 18TIt day of NOVEMBER ,20 03
(Name and Title
(Name and Title
(Name and Title)
CERTIFICATION
, duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy ora
resolution passed and approved by the of the on the
(Governing body) (Name of Applicant)
day of ,20__
Date:
(Oi~cial Position)
(Si~amre)
Offs Form 120 (tl-02} DAD Form
COUNCIL AGENDA STATEMENT
Item / 0
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 Parcels of Land and
Approving Placement of Delinquent Charges on the Next Regular
Tax Bill
SUBMITTED BY: Director of Finance/Treasurel'~
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 adopt the
resolution overruling all protests and assessing these charges
as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to 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 allows delinquent solid waste service
charges to be assessed as 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 solid waste service accounts that are over ninety days
Page 2, Item_ / 0
Meeting Date N~vemh~.r t fl~ 2D03
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 July 2003, City Council approved 337 property liens valued at $41,300. Since then,
Pacific Waste Services has identified and submitted an additional 561 delinquent
accounts valued at over $108,000 to the city for collection. Through the City's preliminary
collection efforts, 261 accounts have been resolved, and the remaining 300 accounts
valued at $36,500 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 prior to transmittal of the delinquent account list to the County 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.
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
Page 3, Item_
Meeting Date Novemh~_r
as liens on the respective parcels 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 $225,000 should be collected in FY 03-04. 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 $18,000 increase
in Franchise Fees, $4,500 in AB939 fees, and $13,000 in late charges for FY03-04.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REGARDiNG THE ASSESSMENT OF
DELiNQUENT SOLID 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
eliminate suspension of solid waste service as a remedy for failure to pay mandatory solid waste
service charges; 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 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, 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, the City Council held the required public hearing and considered any and ail
protests and objections presented; 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
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 solid waste 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 prior to transmittal of the delinquent account list to
the County.
Presented by Approved as to form by
Maria Kachadoorian
Director of Finance
J:\attomey~reso\ finance\solid waste delinquency 11 18 03
COUNCIL AGENDA STATEMENT
Item: /I
Meeting Date: 11/18/03
ITEM TITLE: PUBLIC HEARING: TO NOTICE ACCEPTANCE AND
APPROPRIATION OF LOCAL LAW ENFORCEMENT
BLOCK GRANT FUNDS.
RESOLUTION ACCEPTING $174,858 FROM THE
2003 LOCAL LAW ENFORCEMENT BLOCK GRANT AND
AMENDING THE FY 03-04 POLICE BUDGET AND
APPROPRIATING $143,384 FOR POLICE
TECHNOLOGY/EQUIPMENT, AND $31,474 TO SUPPORT
THE SOUTH BAY DRUG COURT AND AUTHORIZING THE
CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS
RESULTING FROM THE COMPETITIVE PROCUREMENT
PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER
SAFETY EQUIPMENT AND SUPPLIES.
SUBMITTED BY: Chief of Police~.~
REVIEWED BY: . City Manage~/'' (4/5ths Vote: Yes X No __)
The Police Department has recently received notice of a Local Law Enforcement
Block Grant (LLEBG) award in the amount of $174,858 from the Bureau of
Justice Assistance (BJA). These funds were allocated to the Police Department
based on a three-year average of Part I Violent Crimes. Part I Violent Crimes are
murder and non-negligent manslaughters, forcible rape, robbery, and aggravated
assaults as reported by the FBI. Acceptance and appropriation of these funds
requires a public hearing per stipulations of the Local Law Enforcement Block
Grant.
RECOMMENDATION
That the City Council accepts the $174,858 in Local Law Enforcement Block
Grant funds and amends the FY 03-04 Police budget as follows:
· Appropriate $143,384 from the Local Law Enforcement Block Grant funds
for police technology/equipment.
· Appropriate $31,474 from the Local Law Enforcement Block Grant to
support the South Bay Drug Court.
Page 2, Item / (
Meeting Date: 11/18/03
BOARDS/COMMISSIONS RECOMMENDATIONS
The Local Law Enforcement Block Grant requires a local advisory board approval
of the use of funds prior to disbursement. A local advisory board consisting of
the specific composition required by the grant was set up to review the grant
application. The local advisory board recommends approval of the Local Law
Enforcement Block Grant disbursements as proposed. The local advisory board
is comprised of listed representatives from the following agencies:
Local Law Enforcement Agency William Kolender
Prosecutor's Office Jessie Rodriguez
Court System Judge Jeffery Fraser
School System Claudette Inge
Non Profit Agency Jan Lane
BACKGROUND
The Fiscal Year 1997 Appropriation Act Public Law 104-208 provides for funding
under the Local Law Enforcement Block Grant program, established within the
Bureau of Justice Assistance (BJA), to local law enforcement agencies. The City
of Chula Vista is eligible to receive an award of $174,858 under this program.
Funding may be used in seven purpose areas, which address a wide variety of
activities from increasing personnel and equipment resources for law
enforcement to developing and supporting programs to enhance effective
criminal justice processes. The program's goal is to provide local jurisdictions
with opportunities to reduce crime and improve public safety through the
implementation of diverse strategy, hiring of additional local law enforcement
officers, payment of overtime, procurement of equipment and support of drug
COUrtS.
GRANTS REQUIREMENTS
The $174,858 grant allocation has a local match requirement of $17,486. The
one-time local match requirement will be met with State COPS 2003 Program
funding. The LLEBG funds must supplement and not supplant the existing Police
budget. The funds must be used to reduce crime and improve public safety
through activities such as hiring of new officers and support staff as well as
procuring equipment, and technological advances directly associated with local
law enforcement.
Page 3, Item /(
Meeting Date: 11/18/03
DISCUSSION
The Police Department and advisory board recommend use of the funds for the
implementation of the following projects: technology/equipment improvements
and support to the South Bay Drug Court. The following is a summary of the
proposed expenditures:
Technology/Equipment - $143,384
Staff is recommending using LLEBG funds to make technological improvements
and purchase additional equipment throughout the Department. At issue is the
pending move into the new police facility. Staff has identified additional
equipment needs such as computers, copiers, and electronic office equipment
(i.e faxes, printers, etc) that will be required due to the nature of the layout and
increased size of the facility.
Drug Court - $31,474
Staff is recommending the appropriation of $31,474 for the purpose of supporting
the South Bay Drug Court. This program provides intense follow-up monitoring
and assistance to those who qualify for other than standard incarceration. The
program exists throughout the County and has now been implemented in the
South Bay.
FISCAL IMPACT:
It is anticipated that all LLEBG funds will be expended on one-time purchases in
the current fiscal year. A one-time allocation of $31,474 will be used to support
the South Bay Drug Court. The one-time local match requirement of $17,486 will
be met through State COPS 2003 funding. This will result in no net impact to the
General Fund.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $174,858 FROM THE 2003 LOCAL LAW
ENFORCEMENT BLOCK GRANT AND AMENDING THE FY 03-04
POLICE BUDGET AND APPROPRIATING $143,384 FOR POLICE
TECHNOLOGY/EQUIPMENT, AND $31,474 TO SUPPORT THE
SOUTH BAY DRUG COURT AND AUTHORIZING THE CHIEF OF
POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM
THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL
UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES.
WHEREAS, the Fiscal Year 2003-04 Federal budget appropriates $174,858 to
the City of Chula' Vista Police Department from the Local Law Enforcement Block Grant
fund; and,
WHEREAS, these funds were appropriated based on a three-year average Part I
violent crimes for purposes stipulated by the Local Law Enforcement Block Grant
program; and,
WHEREAS, the City Council held a public hearing on November 18, 2003 to
notice use of the LLEBG funding in the amount of $143,384 for police
technology/equipment, and $42,462 to support the South Bay Drug Court; and,
WHEREAS, the Fiscal Year 2002-03 Police budget will be amended to add
$169,848 for equipment and personnel; and $31,474 for the South Bay Drug Court.
WHEREAS, the $17,486 local cash match requirement will be met from the State
COPS 2003 grant; and,
WHEREAS, if savings result from the competitive procurement process, the
Chief of Police will be authorized to utilize savings for additional unspecified officer
safety equipment and supplies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept $174,858 for local law enforcement from the Bureau of
Justice Local Law Enforcement Grant program.
~ Approved a/~to form by:
Ri~ch~rd P. Emerson A~n Moore u
Police Chief City Attorney
Council Agenda Statement
Item No.:
Meeting Date: 11/18/03
Item Title: Report on Western Chula Vista Planning and Development Activities
Submitted By: George Krempl, Assistant City Manager /~-~ Chris Salomone, Western Chula Vista Development Manager
Reviewed By: City Manager (4/Sths Vote: Yes No X )
The purpose of this report is to present the status of the various planning and development
activities underway in Western Chula Vista. The ongoing planning processes require
coordination and policy input as they evolve. The task of phasing and funding infrastructure to
accompany the eminent development will be challenging.
Recommendation:
That the City Council accept the report and direct staff to continue to coordinate planning,
development, infrastructure and community programs in Western Chula Vista.
Boards/Commissions Recommendation: Not applicable
Background:
The coincidental planning processes of the General Plan Update, the Urban Core Specific
Plan and the Port Master Plan will require coordination and ongoing policy direction. The
impact of these efforts will .shape the future of development in Western Chula Vista.
Implementing the recommendations of these plans will require policies, phasing and funding
mechanisms to assure the infrastructure is in place concurrent with the development. In
addition, a number of new development concepts and mixed-use projects are being advanced
in Western Chula Vista. This report is intended to preview some of the ideas and opportunities
to support the development and redevelopment of Western Chula Vista in a quality fashion.
Discussion:
Western Chula Vista Development Activity
Clearly, Western Chula Vista is in the early stage of a potential renaissance. The number and
variety of development proposals in Western Chula Vista is significant. Pt is important to begin
to see the impending development in the context of the planning efforts. With demand for
development remaining high and the increasing success of other cities' urban infill projects,
interest in Western Chula Vista is growing. The development community's confidence in this
market is witnessed by the projects that are coming unsolicited to the area. Mixed-use
housing and transit oriented proposals are being reviewed currently by City staff. These are
Page 2, Item No.:
Meeting Date: 11/18/03
clustered primarily in the northwest section of the City between Third Avenue and the I-5
freeway. Urban, market-rate, for sale residential development in Western Chula Vista is a
relatively untried concept. Projects in recent years have been affordable, subsidized
developments like Trolley Terrace or Main Street Plaza. The 49 unit Broadway Village project
is the first of these new market-rate units to be approved.
Urban Infrastructure Pro.qram
Staff is proposing that an urban infrastructure program or Master Public Facilities Financing
Plan (MPFFP) be developed to accompany infill development in Western Chula Vista.
Infrastructure must be planned and phased to accommodate new urban development in
accord with the best smart growth and transit oriented development practices. This will require
policies and funding mechanisms tailored to the special requirements of developing in an
already urbanized area. Schools, parks, sewer, traffic and other needed support facilities must
be timed and funded to address the impacts of a new urban population. This may result in
new approaches to providing parks in an urban setting or measuring and mitigating traffic
impacts. For instance, new definitions may be required for urban parks. Sewer and water
systems may need to be upgraded to serve more density and height in development.
Parks
Parks development in Western Chula Vista will demand new and creative approaches.
Providing parks at the three acres per thousand unit standard for new development is the goal.
The General Plan will contain criteria and policies for parks in Western Chula Vista. Several
other actions are proposed to address park issues in the near term. The City will develop a
new Master Plan for parks in Western Chula Vista. Unique solutions to the type, size and
location of these new parks will be required. The Master plan will be preceded by an updated
needs survey of residents in the area. Additionally, the PAD Fee Ordinance will be updated
and amended this Fall to allow collection of that fee at Building Permit, currently collected only
at the final map stage. This will capture apartment units. The PAD Fee will also be reviewed
for its applicability to the specific conditions of Western Chula Vista, which will involve higher
land and development costs.
Traffic
Staff is investigating an appropriate traffic level of service for the urban area. Quality urban infill
development presents challenges to traditional traffic mitigation. Creating a vibrant, pedestrian
friendly urban core may require new or novel approaches to traffic. Staff is exploring options to
measuring and mitigating traffic effectively in an urban setting. The State has adopted new
Urban Level of Service options to encourage transit oriented development. SANDAG, through
its Regional Comprehensive Plan, is hoping to link regional transportation to smart growth
planning to maximize resources for housing and other land uses. In the General Plan Update
the northwest sector could likely reflect the urban densities that will require new traffic solutions
involving transit links, pedestrian amenities and an appropriate level of service. The General
Plan Update alternatives for urban development will need to be carefully analyzed for traffic
impacts.
Page 3, Item No.:/_~
Meeting Date: 11/18/03
Regional Traffic
Several studies are underway that impact regional facilities in Western Chula Vista. SANDAG
is conducting a year-long analysis of the I-5/805 Corridors. The study will address the facility
requirements over a thirty-year period. Important elements of the study are the yellow car
transit system, the grade separation for the trolley, HOV, managed travel lanes and
accommodating proposed growth in the corridor. Another major project is the Regional
Comprehensive Program. One of the main objectives of the program is to link smart growth
planning with the provision of regional facilities. The idea is to use land-use as a guide for
transportation planning. City staff from Planning and Building, Engineering and Administration
are participating in this study.
The Transnet Extension of the gas tax is proposed to go to the voting public in November of
2004. Projects have been recently submitted by the City Council for inclusion in the program.
Focus groups have been held and the results indicate a probability of success. The project list
will be finalized early next year.
A Master Landscape Plan for the I-5 corridor is being researched by staff from CaI-Trans and
the City. The plan would include design recommendations for landscape, hardscape,
gateways and signage in the corridor. Staff will be bringing a recommendation forward in the
near future.
Capital Projects
Several major capital projects are underway in Western Chula Vista. The Police Department,
Civic Center, Oxford Street Neighborhood Park and Quintard Street Improvements are in
various stages of development.
Code Enforcement
Code Enforcement activities in Western Chula Vista is an important component of our ongoing
proactive efforts to upgrade and improve the community. The Beat Program is an important
ongoing activity. Also, a new comprehensive Graffiti Program is being considered for
implementation in the coming year.
Summary
Westem Chula Vista is experiencing unprecedented activity in planning and development. This
report is an update on several of the major issues and staff's approach to them. The need to
coordinate these various elements and review them comprehensively will continue to be a staff
priority. Staff will continue to keep City Council apprised and facilitate the coordination of the
process.
Fiscal Impact
There is no fiscal impact directly related to this item.
Memo
To: I~rmme Bennett, Deputy City Clerk
From: lamne L. ][ taft'son, Constituent Services Manager
Date: 11/4/2003
Re: Appoinn-nent to Nature Center Board of Trustees
Mayor Stephen C. Padilla would like to appoknt Ms. Judy Schulcnberg to the Nature Center Board
of Trustees, Please place this on the City Council agenda of November 18, 2003 for ratification.
If you have m~y questions, please contact me at x5812. II~ank you for your ~kssistm~cc.
Anne L. }lamson
Constituent Services M~mager
Mcmo
bkom: Dx[lie 14. l-l:~rlsoll, k, onslxmellt Dervlccs lVI~lager
Re: AppoLnunmlt to Resource Conser vadon Commission
Mayor Stephen C. Padi[ia would like to appoint Ms. Tracy Means to tim Resource Conservation
CommiSsion to fili the vacant position of Charles Bull, who resigned on August 19, 2002 and
whose rem~ expires on june 30, ~ .....
Please place this on the ~.~ council agenda of November 18, 2003 for mtificafiom if you have
any questions, please contact me at x5812. Thank you r%r your assis~me.
Anne L. Hamson
Constituent Services Mmmger