HomeMy WebLinkAboutAgenda Packet 2003/12/09 CITY COUNCIL AGENDA
December 9, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHULA 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. PadiHa, 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
December 9, 2003
I declare under penalty of perjury that I am
employed by the City of Chula Vista In the
Office 01 the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirementa.
AGENDAoated 1'2-.-" 1)3 Signed ~Af1;0 l~r
CALL TO ORDER
ROLL CALL:
Councilmembers Davis, McCarm, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY DIRECTOR OF COMMUNITY DEVELOPMENT LAURIE
MADIGAN OF THE EMPLOYEE OF THE MONTH, DIEM DO, COMMUNITY
DEVELOPMENT SPECIALIST II
· OATH OF OFFICE: RICHARD WYLLIE, NATURE CENTER BOARD OF
TRUSTEES
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MELDY
RAVELO ODVIAR UPON HER RETIREMENT, COMMENDING HER FOR OVER
THIRTY YEARS OF DEDICATED SERVICE TO THE CITY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO HECTOR
MOLINA, DIARIO LATINO FOR PROVIDING A NEWSPAPER FOR THE
SPANISH-SPEAKING CITIZENS OF CHULA VISTA
· PRESENTATION BY JONATHAN TAMAYO, COMMUNITY HEALTH GROUP
REPRESENTATIVE, OF TEDDY BEARS COLLECTED FOR THE 13TH ANNUAL
SAN DIEGO COUNTY REGIONAL LAW ENFORCEMENT TEDDY BEAR DRIVE,
TO ASSISTANT POLICE CHIEF JIM ZOLL
CONSENT CALENDAR
(Items I through 10)
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.
I. WRITTEN COMMUNICATIONS
A. Letter of resignation ftom Marshall "Ty" Compton, Chula Vista's representative
on the Board of Port Commissioners, effective December 31, 2003.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
B. Memorandum from Councilmember Salas requesting an excused absence from
the City Council meeting of December 16, 2003.
Staff recommendation: Council excuse the absence.
2. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMEND1NG CHLrLA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATiNG
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND READING)
The California Border Alliance Group (CBAG) has requested the addition of a new
position of CBAG Program Manager and an additional CBAG Program Analyst. CBAG
covers all costs for the positions, including a three-percent administrative fee paid to the
City. Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in that section be adopted by ordinance. The Police Department
recommends the addition of the position of CBAG Program Manager to the unclassified
service. This ordinance was introduced on November 25, 2003. (Chief of Police,
Director of Human Resources)
Staff recommendation: Council adopt the ordinance.
3. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING
SECTION 2.66.255 TO THE CHULA VISTA MUNICIPAL CODE TO REGULATE
THE USE OF CITY SKATE FACILITIES, AND AMENDING SECTION 2.66.250
WHICH REGULATES THE RIDING OF BICYCLES, MOTORCYCLES, ROLLER
BLADES, ROLLER SKATES, AND SKATEBOARDS IN CITY PARKS (SECOND
READING)
Several skate facilities in City neighborhood and community parks are due to be
constructed over the next few years. Adoption of the ordinance creates reasonable and
enforceable rules and regulations for the new recreational facilities. This ordinance was
introduced on November 25, 2003. (Director of Recreation)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG CHANGE ORDER NO. 9 FOR THE PALOMAR STREET
IMPROVEMENTS FROM INTERSTATE 5 TO INDUSTRIAL BOULEVARD
(PROJECT ST922), AND AUTHORIZING THE DIRECTOR OF ENGiNEERING TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
The Council previously approved a resolution awarding a contract in the amount of
$2,168,930 to Daley - CCAC, a Joint Venture, for this project. Proposed Change Order
No. 9 is for revised pavement sections for portions of Industrial Boulevard and Palomar
Street that were necessary due to the presence of shallow Sweetwater Authority water
mains. (Director o f Engineering)
Staff recommendation: Council adopt the resolution.
Page 2 - City Council Agenda December 9, 2003
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE "A" MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
01-11, OTAY RANCH VILLAGE 11, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID SECOND AMENDMENT
Adoption of the resolution approves the second amendment to the "A" Map
Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11,
Otay Ranch Village 11. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH THE CITIES OF SAN DIEGO AND
NATIONAL CITY REGARDING THE INSTALLATION, SHAR1NG AND
MAINTENANCE OF THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT
PROJECT, AND APPROPRIATING $50,000 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND AND $50,000 FROM THE AVAILABLE
FUND BALANCE OF THE TRAFFIC SIGNAL FUND TO FINANCE CHULA
VISTA'S PORTION OF THE PROJECT (4/5THS VOTE REQUIRED)
The City of San Diego is completing a federally funded traffic signal communication and
management project, the "South Bay Interconnect Project", which extends through all of
Chula Vista. The project includes the installation of Single Mode Fiber Optic (SMFO)
cable trunk in an existing 1.5" conduit under Fourth Avenue fi:om the northerly city limits
to Main Street, and under Main Street westerly to Broadway and finally it travels
southerly under Broadway to the southerly City limits. The project within Chula Vista's
limits, involves the pulling of SMFO and the connections to all the traffic signals along
said route. It also involves the construction of access points for future connections to city
facilities by the City. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT AND ONE-YEAR EXTENSION OF THE
AGREEMENTS BETWEEN (A) THE CITY OF CHULA VISTA AND MACTEC
(PREVIOUSLY LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND
ENVIRONMENTAL SERVICES, INC.) AND (B) THE CITY OF CHULA VISTA
AND TESTING ENGINEERS-SAN DIEGO, INC. FOR PROVIDING CONSULTING
SERVICES FOR MATERIALS TESTING, GEOTECHNICAL, AND STORM WATER
MONITORING REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS DURING THEIR DESIGN AND CONSTRUCTION PHASES AND
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS AND EXTENSIONS
TO SAID AGREEMENTS ON BEHALF OF THE CITY
Page 3 - City Council Agenda December 9, 2003
The Council previously approved agreements with (a) Law Crandall, a Division of Law
Engineering and Enviromnental Services, Inc. (subsequently changed to MACTEC) and
(b) Testing Engineers-San Diego, Inc. for materials testing, geotechnical, and storm water
consulting services required for various Capital Improvement Program projects from
April 1, 2002 to December 31, 2003. Each of the agreements includes provisions giving
the City the option to extend the original agreements for up to two additional one-year
terms. Both MACTEC and Testing Engineers-San Diego, Inc. have indicated that they
are willing to extend their respective agreements for one additional year (January 1, 2004
through December 31, 2004) with no increase in rates. Staff recommends that the City
exercise said option based upon said consultants' satisfactory performances. (Director of
Engineering)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FISCAL YEAR 2004 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING A) UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$10,275 FOR EXPENDITURES ASSOCIATED WITH THE LITERACY PROGRAM,
B) UNANTICIPATED REVENUE IN THE AMOUNT OF $5,833 FOR LITERACY
TEAM'S EVEN START FAMILY LITERACY GRANT, AND C) UNANTICIPATED
GRANT REVENUE IN THE AMOUNT OF $4,000 IN WORKFORCE INVESTMENT
ACT 231 GRANT FUNDS (4/STHS VOTE REQUIRED)
The Chula Vista Literacy Team recently received two mini-grant awards totaling $10,275
for the Literacy program and an augmentation to the Even Start Family Literacy grant in
the amount of $5,833. In addition, the California Department of Education recently
notified the Chula Vista Literacy Team of an augmentation to the Workforce Investment
Act (WlA) 231 Grant in the amount of $4,000 for the fiscal year 2004. (Assistant City
Manager Palmer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 BUDGET, APPROVING A SALARY
INCREASE AND TITLE CHANGE FOR THE POLICE COMMUNICATIONS
OPERATOR SERIES, APPROVING THE CREATION OF THE FIRE DISPATCHER
SERIES, AND CREAT1NG A FIRE COMMUNICATIONS MANAGER
CLASSIFICATION (4/5THS VOTE REQUIRED)
Adoption of the resolution approves a salary increase and title change for the Police
Communications Operator series in order to remain competitive in the market. Adoption
of the resolution also approves the addition of the classification and salary range for the
Fire Dispatcher series and a Fire Cormnunications Manager. (Director of Human
Resources)
Staffrecommendation: Council adopt the resolution.
Page 4 - City Council Agenda December 9, 2003
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDiNG CONTRACT FOR THE DAVID A.
WERGELAND SHARK AND RAY EXPERIENCE PHOTOVOLTAIC SYSTEM 1N
THE CITY OF CHULA VISTA (PROJECT GG176A) TO INDEPENDENT ENERGY
SOLUTIONS INC., IN THE AMOUNT OF $27,324.95
Sealed bids were received for this project on November 18, 2003. The project will
provide for a fully functional 7.1KW (STC) grid-connected Photovoltaic System to be
installed at the recently renovated David A. Wergeland Shark and Ray Experience
located at the City's Nature Center. (Director of General Services)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaki'ng during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
11. CONSIDERATION OF TWO OPTIONS MEANT TO CLARIFY PREVIOUS CITY
COUNCIL'S ACTION ON A REZONE AND PRECISE PLAN FOR A ONE-ACRE
PARCEL LOCATED AT 825 BROADWAY
On October 14, 2003, the City Council placed on first reading two ordinances approving
a zone change and Precise Plan to allow the development of a residential (senior
housing)/retail mixed-use project at the northeast corner of Broadway and Sierra Way.
After thc meeting, a question arose concerning the type of vehicular access approved by
the City Council for thc project. A review of the meeting's minutes and public record did
not further clarify thc issue. Thus, the purpose of this public hearing is to make clear the
City Council's action with regard to the project's vehicular access. (Director of Planning
and Building)
Staff recommendation: Dependent upon clarification of the access issue, place the two
ordinances introduced on October 14, 2003 on second reading and adoption, which allow
access to the site only from the school access easement (items A and B below), or place
on first reading the revised ordinances which approve the Rezone and Precise Plan with
vehicular access to the site both from the existing school access easement and directly
from Broadway (items C and D below):
Page 5 - City Council Agenda December 9, 2003
Option 1:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE
MUNICIPAL CODE, REZONING A ONE-ACRE PARCEL LOCATED AT 825
BROADWAY FROM THE C-T-P (THOROUGHFARE COMMERCIAL, PRECISE
PLAN) ZONE TO THE C-C-P (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE
(SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING PRECISE PLAN (PCM-03-21) FOR A MIXED-USE RESIDENTIAL
AND RETAIL DEVELOPMENT LOCATED AT 825 BROADWAY WITHIN THE
SOUTHWEST REDEVELOPMENT AREA (SECOND READING AND ADOPTION)
OR
Option 2:
C. ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL RESCINDING
THE OCTOBER 14, 2003 ACTION OF THE CITY COUNCIL THAT PLACED AN
ORDINANCE ON FIRST READING WHICH APPROVED A ZONING MAP AND
REZONED A ONE-ACRE PARCEL AT 825 BROADWAY; AND INSTEAD
AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE
MUNICIPAL CODE, REZONING A ONE-ACRE PARCEL AT 825 BROADWAY
FROM THE C-T-P (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO
THE C-C-P (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING
PRECISE PLAN DEVELOPMENT STANDARDS FOR THE PROJECT (FIRST
READING)
D. ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL RESCINDING
THE OCTOBER 14, 2003 ACTION OF THE CITY COUNCIL THAT PLACED AN
ORDINANCE ON FIRST READING WHICH APPROVED A PRECISE PLAN FOR A
PROJECT LOCATED AT 825 BROADWAY; AND INSTEAD APPROVING A
REVISED PRECISE PLAN (PCM-03-21) FOR A MIXED-USE RESIDENTIAL AND
RETAIL DEVELOPMENT LOCATED AT 825 BROADWAY WITHIN THE
SOUTHWEST REDEVELOPMENT AREA (FIRST READING)
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
12. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE
IMPLEMENTATION OF A CITY COUNCIL POLICY FOR THE DEVELOPMENT
OF AFFORDABLE FOR-SALE HOUS1NG FOR LOW-INCOME BUYERS
Page 6 - City Council Agenda December 9, 2003
At the October 7, 2003, Council meeting, staff provided preliminary information
regarding a proposed policy for the development of future affordable for-sale housing
developments. Staff received comments and recommendations from members of the
Council regarding changes to the proposed development guidelines and the prioritization
system. Since that meeting, staff incorporated Council's input and made significant
changes to the proposed policy. Adoption of the resolution approves the final policy.
(Director of Community Development)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE IMPLEMENTATION OF A CITY COUNCIL POLICY FOR
THE DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS INCLUDING THE ESTABLISHMENT OF: 1)
DEVELOPMENT GUIDELINES; 2) PROGRAM REQUIREMENTS; AND 3)
BUYER SELECTION CRITERIA
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
A. Appointment of Deputy Mayor.
B. Ratification of appointment to the Nature Center Board of Trustees - James
McVeigh.
C. Consideration of appointment of Chula Vista's representative on the Board of
Port Commissioners, on an emergency basis, ensuring that Chula Vista is
continually represented.
15. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph 3~ Brown Act (Government Code 54957. 7).
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Grippi v. City of Chula Vista (SDSC No. GIC 801393)
Page 7 - City Council Agenda December 9, 2003
17. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· Two Cases
18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public fights-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
19. 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
20. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· One Case
ADJOURNMENT to the Regular Meeting of December 16, 2003, at 6:00 p.m. in the Cotmcil
Chambers.
Page 8 - City Council Agenda December 9, 2003
Honorable Steve Padilla
Mayor of the City of Chula Vista
Honorable Council Members for the City of Chula Vista
Patty Davis
John McCann
Jerry Rindone
Mary Salas
I hereby tender my resignation as San Diego Unified Port District Commissioner
representing the City of Chula Vista California as of this date December 31,
2003. It was indeed a privilege and an honor to serve the City of my choice, the
community I am so very fond of, and the people that make our City so great. I
ask for and accepted this position with humility and a sense of responsibility, that
hopefully I fulfilled it in some small way. Thank you and the City staff for your
cooperation.
MarShall 'Fy" Compton
\'~Tycc f,!~bfgc~;~46\corq,~)a~y\lYCO\F~oit(;omn~is ~cnResiql~i~tionl tr.h,~ov03 doc
December 4th, 2003
MEMO TO: Mayor and City Council
FROM: Patty Wasp ~~
5UB3'ECT: REQUEST FOR EXCUSED ABSENCE
Councilmember Mary 5alas has requested an excused absence
from the regular City Council meeting of December 16th, 2003
Council meeting as she will be away from the City.
Thank You.
Cc: City Manager
City Attorney
City Clerk
Tom Oriola
ORDINANCE NO. - ~rc~kO\~G ~k~)
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.0i0, RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS.
WHEREAS, the Human Resources Department has created new classifications
to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of
the Charter of the city, there are established the unclassified positions entitled deputy
city manager, administrative services manager, deputy fire chief, assistant fire chief,
assistant chief of police, assistant director of finance, assistant director of budget and
analysis, fiscal operations manager, funds development strategic planning manager,
purchasing agent, treasury manager, assistant director of human resources, director of
employee development, risk manager, assistant director of public works and operations,
assistant director of building and housing, deputy building official, building services
manager, building and park construction manager, parks and open space manager,
assistant director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, Western Chula Vista development manager, traffic engineer, deputy director
of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental services,
deputy director of planning, assistant director of planning, special planning projects
manager, general plan project manager, chief of staff, constituent services manager,
community liaison (assigned to the Office of the Mayor and City Council), California
border alliance group deputy executive director, California border alliance group budget
manager, California border alliance group methamphetamine strike force coordinator,
California border alliance group network administrator, California border alliance group
operations/intelligence coordinator, California Border Alliance Program Manager,
C:\Documents and Settings~sharonm\Local Settings\Temporary lntemet Files\OLKC7\Unclassified Position
Ordcbagprogmanagernoul,doc
Page 1 of 2
California border alliance group program analyst, California border alliance group
management assistant and California border alliance group network assistant.
SECTION I1: This ordinance shall take effect and be in full force and effect upon
its second reading and adoption.
Submitted by: Approved as to form by:
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
C:\Documents and Settings\sharonm\Local Settings\Temporary Intemet Files\OLKC7\Unclassified Position
Ordcbagprogmanagernoul.doc
Page 2 of 2
ORDINANCE LA VISTA. e~l~
SECTION 2.66.255 TO THE CHULA VIST3agl~ISI~ICIPAL
CODE TO REGULATE THE USE..~]~ SKATE
FACILITIES AND AMENDING SECTIIII~q' 2.66.250 WHICH
REGULATES THE RIDING OF BICYCLES, MOTORCYCLES,
ROLLER BLADES, ROLLER SKATES, AND SKATEBOARDS
IN CITY PARKS
WHEREAS, several skate facilities in City neighborhood and community parks
are due to be constructed over the next few years; and
WHEREAS, safety of skate facility users and the welfare of nearby residents are
major concerns of the City; and
WHEREAS, the City desires to operate the facilities without scheduled
supervision while encouraging voluntary compliance with the rules and regulations.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain:
SECTION I. That Section 2.66.250 of the Chula Vista Municipal Code is amended to
read as follows:
2.66.250 Riding bicycles, motorcycles, scooters~ roller blading, roller skating,
skateboarding prohibited in certain areas.
A. Prohibited areas. Except as provided in subsection (B) of this section, it is
unlawful to skateboard, roller blade or roller skate or ride a bicycle, tricycle,
scooter, motorized bicycle, motorcycle or motor vehicle on any path, bridle trail,
walk or sidewalk in any city park or recreation area.
B. Lawful areas. It is lawful to skateboard, roller blade or roller skate or ride a
bicycle, scooter or tricycle within a city park or recreation area~ on a path or in an
area designated by the director of parks and recreation by posted signage as
appropriate for that purpose.
SECTION II. That Section 2.66.255 of the Chula Vista Municipal Code is hereby added
to read as follows
2.66.255 City skate facilities regulations.
Skate Facility Ordinance Text Underlined is Added
Page 2 of 4 Text Redlined is Deleted
A., ?i S.g0pe. The following regulations shall apply to all City-maintained facilities or
~re~/s.designed for use by skateboarders, inline skaters, roller skaters and scooter
riders. ·
B. Definitions. As useff-i~this section, the following words or phrases shall have the
designated meanings.
"Activities area" shall mean that portion of a skate facility reserved or designed
for riding skateboards, in-line skates, roller skates, or scooters.
"Skate facility" shall mean any facility, structure, or area, whether integrated into
the design ora city park or built as a stand alone facility, which is meant to be
used by skateboarders, inline skaters, roller skaters or scooter riders. A "skate
facility" is comprised of both an activities area and a spectator area.
"Spectator area" shall mean that portion of a skate facility reserved for use by
persons viewing the skate facility's activities area. At a minimum, the "spectator
area" shall include all areas that are 30 feet or less from the outer edge of the
skate facility's activities area.
C. Hours of operation. The hours of operation for all City-maintained skate facilities
shall be from 8:00 a.m. until dusk, unless the park in which the skate facility is
located opens at a later time or closes at an earlier time, in which case the park's
operating hours shall control.
If needed to protect the public's health, safety or general welfare, the City
Manager and/or his designee may temporarily or permanently change a particular
skate facility's hours of operation after posting such non-standard hours in
compliance with subsection E. of this section.
The City Manager or his/her designee may also temporarily close a skate facility
for maintenance, special events, instructional clinics and other City-sponsored
activities. Such temporary closures shall be noted by the placing of signs in
conspicuous locations at or near the skate facility.
D. Regulations/prohibited activities. The following rules and regulations shall apply
to all City-maintained skate facilities.
I. Skate facilities shall only be used during the facility's hours of operation.
2. Only skateboards, in-line skates, roller skates and scooters shall be used,
ridden, or brought within the activities area ora skate facility. The City
Manager or his/her designee may restrict certain equipment from being
used within a specific skate facility after posting the restriction in
compliance with subsection E. of this section.
Skate Facility Ordinance Text Underlined is Added
Page 3 of 4 Text Redlined is Deleted
3. All devices or equipment used, ridden, or brought within the activities area
of a skate facility must be manually propelled, have nonmetal wheels and
be no more than 36 inches in length, lnline skates must have at least three
wheels and no more than five wheels per skate. No shoe skates or
bicycles may be used or ridden within the activities area of a skate facility.
4. No spectators or animals are permitted in the activities area of a skate
facility.
5. All persons in the activities area of a skate facility shall wear a helmet,
elbow pads, and knee pads designed for skateboarding or inline skating.
The required protective gear shall be properly worn (i.e., chin strap
attached) and be in good repair.
6. No portion of a skate facility may be modified, altered, or added to in any
manner and no unauthorized ramps, jumps or obstacles are permitted at
any time.
7. All children under the age of eight years old, in the activities area of a
skate facility, must be brought there, supervised and accompanied by an
adult.
8. No audio equipment may be used or played in the activities area or
spectator area of a skate facility unless equipped with and relying solely
on earphones for sound amplification.
9. No food, beverages, cans, or bottles (whether plastic or glass) shall be
permitted in the activities area of a skate facility. No alcohol or tobacco
products shall be permitted in either the activities area or spectator area of
a skate facility.
10. No person shall use the skate facility when it or any of its accoutrements
are wet or covered with other debris.
11. No person shall litter within 40 feet of a skate facility. All litter, trash, and
other refuse must be immediately placed in trash receptacles.
E. The skate facility shall be posted with signs in the following manner:
1. At each entrance to the skate facility, or if there is no defined entrance, on
the perimeter of the skate facility, facing its interior, and at intervals of not
less than 40 feet.
2. At a minimum, each sign shall state, in black letters on a white
background, not less that one inch in height, the facility's hours of
Skate Facility Ordinance Text Underlined is Added
Page 4 of 4 Text Redlined is Deleted
operation, what equipment may be ridden in the facility, and the following
language:
WARNING
Skateboarding, inline skating, roller skating, and scooter riding are
hazardous recreational activities. Use of this facility may result in serious
injuries or death. The City of Chula Vista does not assume any
responsibility for injuries or death.
Any person using this facility must wear a helmet, elbow pads, and knee
pads designed for skateboarding or inline skating. The required protective
gear shall be properly worn (i.e., chin strap attached) and be in good
repair. Any person failing to comply with this section shall be subject to
citation and penalties pursuant to Chula Vista Municipal Code section
2.66.250(F).
F. Penalties for violations of this section. Any violation of this section is punishable
as an infraction with a fine of $50 for the first conviction and $100 for the second
conviction. A maximum fine of up to $250 may be imposed for each conviction
thereafter. In addition, the City shall have the authority to seize and confiscate
any property, thing or device used in a skate facility's activities area or spectator
area in violation of this section. Any person cited and convicted of three or more
infractions of this section shall be permanently barred from the use of or entrance
to any City-maintained skate facility.
SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by: Approved as to form by:
-/ Ll
Buck Martin Ann Moore
Recreation Director City Attorney
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 12/09/03
ITEM TITLE: Resolution Approving Change Order No. 9 for the "Palomar Street
Improvements from Interstate 5 to Industrial Boulevard (ST922)" Project and
Authorizing the Director of Engineering to Execute Said Change Order on
Behalf of the City
SUBMITTED BY: Director of EngineeringS3~
REVIEWED BY: City Manager ~ (4/Sths Vote: Yes No X )
On February 18, 2003, the City Council approved Resolution No. 2003-070 awarding a contract in
the amount of $2,168,930 to Daley CCAC, a Joint Venture, for the "Palomar Street Improvements,
from Interstate 5 to Industrial Boulevard" project. Proposed Change Order No. 9, in the deductive
amount of $51,559.40 (see Attachment A), is for revised pavement sections for portions of Industrial
Boulevard and Palomar Street that were necessary due to the presence of shallow Sweetwater
Authority water mains.
RECOMMENDATION: That Council approve the Resolution approving Change Order No. 9
for the "Palomar Street Improvements From I-5 to Industrial Boulevard (ST922)" project and
authorizing the Director of Engineering to execute said change order on behalf of the City
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Due to the presence of shallow Sweetwater Authority water mains within portions of Industrial
Boulevard and Palomar Street, City staff redesigned pavement structural street sections for portions
of the project in order to avoid the additional cost and construction delays associated with the
lowering of these shallow water mains. The new design, which consists of 11" of asphalt concrete
over 6" of aggregate base over a geotextile grid, is equivalent to the original structural street section
and actually resulted in a cost savings of $51,559.40. In addition, Sweetwater Authority estimated
the cost to lower/relocate the water mains at approximately $400,000, about half of which the City
would have been required to pay.
City Council Policy No. 574-01 authorizes the Director of Engineering to approve change orders that
increase or decrease the base contract by $50,000 or less, up to a maximum cumulative amount of all
change orders based upon the base contract amount, which is $131,446.50 for this contract. All
changes orders of more than $50,000 (additive or deductive) or which cause the Director's maximum
cumulative change order authority to be exceeded require City Council approval.
Page 2, Item ~
Meeting Date 12/09/03
Prior City Council Actions and change orders for this project are summarized as follows:
Action Description Authorization Amount
Original Contractor's Base Bid as Awarded by City Council Res. 2003-070 $2,168,930.00
(Base Contract) Council on February 18, 2003
Change Order No. 1 Additional Caltrans Permit Cost Dir. of Engineering * $ 325.00
Change Order No.2 Standby for Construction Staking Dir. of Engineering * $ 1,809.00
Change Order No.3 Additional Temporary Pavement Striping Dir. of Engineering * $ 5,772.00
Change Order No.4 Add Video Detection to Traffic Signal Dir. of Engineering * $ 10,800.00
Change Order No.5 Additional Excavation and Backfill Required to Dir. of Engineering * $ 7,578.35
Install Storm Water Pollution Prevention Unit
Change Order No.6 Install Gravity-type Retaining Wall on Dir. of Engineering * $ 19,474.94
Industrial Boulevard
Change Order No.7 Perform Full-Width Pavement Grinding tc Dir. of Engineering * $ 11,632.40
Repair Pavement on Trenton Street
Change Order No.8 Concrete Slurry Abandoned Sewage Seepage Dir. of Engineering * $ 2,645.00
Pit on Palomar Street
Change Order No.9 Revise Pavement Design on Portions oJ Proposed for Approval <$ 51,559.40>
(Proposed) Industrial Boulevard and Palomar Street due by the City Council
to Shallow Sweetwater Authority Water Mains
Change Order No.lC Modification to Pedestrian Ramps Dir. of Engineering * $ 5,520.00
Change Order No. Install Modified Pin-on Curbs Dir. of Engineering * <$ 7,432.50>
I1
Total $2,175,494.79
· Per City Council Policy No. 574-01.
FISCAL IMPACT:
Proposed Change Order No. 9 represents a credit of $51,599.40 and is a positive fiscal impact to the
project. In addition, there was an additional savings of approximately $200,000 to the City since
relocation/lowering of the Sweetwater Authority water mains was not necessary as a result of the
pavement redesign.
Attachment: A - Proposed Change Order No. 9
kpa/dl
J:\EngineerLAGENDA\ST922 CCO9.113.doc
CHULAVISTA
DEPARTMENT OF ENGINEERING
CHANGE ORDER NO. 9 October 21,2003
0735-10-ST-922
CONTRACT: PALOMAR STREET IMPROVEMENTS IN THE CITY OF CHULA VISTA,
CA
CONTRACTOR: DALEY-CALIFORNIA COMMERCIAL ASPHALT CORPORATION A JOINT
VENTURE.
The following changes shall be made to the above referenced contract between the CITY OF
CHULA VISTA and DALEY-CCAC A Joint Venture (Contractor):
Revise the structural sections on Industrial Blvd and Palomar Street to 11 inches of asphalt
concrete on 6 inches of crushed aggregate base on top of Geo Grid Tensar Fabric due to the
shallow depth of the existing utilities.
ESTIMATED ADJUSTMENT OF COMPENSATION AT AGREED UNIT PRICE:
· Geo Grid Tensar B× 1200 (Purchased & Installed)
85,320 SQFT @ $ 0.53 / SQFT = $ 45,219.60
ESTIMATED INCREASE OF ASPHALT CONCRETE:
· AdditionalAsphalt Concrete
1,070 TONS @ $ 43.00 / TON = $ 46,139.00
ESTIMATED DECREASE OF CRUSHED AGGREGATE BASE'
· Reduction Of Crushe-d A~g~rega~e Base
7,522 TONS @ $19.00 / TON = < $142,918.00>
For written replies, respond to: 1 of 2
CI 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
~'1800 MAXWELL ROAD / CHULA VISTA, CALIFORNIA 91911-6158-7 (619) 691-5021
Palomar Street Improvements, ST-922
Change Order #9
· Total Cumulative Cost ............................................. < $ 51,5§9.40>
The adjustment of contract time for this change order will be 0 DAYS.
The items in this Change Order qualify for re~imbursement under Federal Guidelines
and are not in conflict with the requirements of the Environmental Impact Report.
ORIGINAL CONTRACT PRICE: $ 2,168,930.00
PREVIOUS CHANGE ORDERS: $ 60,037.31
THIS CHANGE ORDER: <~51~559.40>
REVISED TOTAL CONTRACT PRICE: $ 2,177,407.91
The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials,
equipment, incidental costs, profit and fees for performing the work in this contract change and
no additional compensation will be due. It is agreed by the undersigned that this work shall be
performed and materials furnished in accordance with the odginal contract, Green Book
specifications, newly provided plans and specifications, and applicable standard drawings.
This change order shall operate as an accord and satisfaction regarding subject matter and
Contractor hereby releases any and all claims to any further compensation, time extension,
damages for delay, disruption, acceleration, or any other claim arising out of or related to the
work described in this change order, other than as specifically set forth in this change order,
ORDEREd B~' A~CI~PTED BY y '- APPROVED BY
KIRK P. AMMERMAN WILLIAM JANDA ' CLIFFORD L. SWANSON
Deputy Dir~?f E??neering Daley-CCAC (A Joint Venture) Director of Engineering
2of 2
CITY OF CHULA VISTA ~/~- ~' "' -
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO. 9 FOR THE
"PALOMAR STREET IMPROVEMENTS FROM INTERSTATE 5
TO INDUSTRIAL BOULEVARD (ST922)" PROJECT AND
AUTHORIZING THE DIRECTOR OF ENGINEERING TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
WHEREAS, on February 18, 2003, the City Council approved Resolution No. 2003-
070 awarding a contract in the amount of $2,168,930 to Daley-CCAC, a Joint Venture, for the
"Palomar Street Improvements, from Interstate 5 to Industrial Boulevard" project; and
WHEREAS, proposed Change Order No. 9, in the deductive amount of $51,559.40,
is for the revised pavement sections for portions of Industrial Boulevard and Palomar Street that
were necessary due to the presence of shallow Sweetwater Authority water mains; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve Change Order No. 9 for the "Palomar Street Improvements from I-5 to
Industrial Boulevard (ST922)" project.
BE IT FURTHER RESOLVED that the Director of Engineering is hereby authorized
to execute said Change Order on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann IV~oore
Director of Engineering City Attorney
J:\Attorney\reso\ street\approve CO No. 9 I-5 to Industrial Blvd.
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 12/9/03
ITEM TITLE: Resolution Approving the second amendment to the "A" Map
Supplemental Subdivision Improvement Agreement for Chuta Vista Tract
No. 01-11, Otay Ranch Village 11, and authorizing the Mayor to execute said
second amendment.
SUBMITTED BY: Director o£ Engineering ~,Lfl
REVIEWED BY: City Manager ~ (4/5ths Vote: Yes No X)
Tonight Council will consider the second amendment to the "A" Map Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11
RECOMMENDATION: That Council adopt the resolution approving ~he second amendment to
the "A" Map Supplemental Subdivision Improvement Agreement allowing the developer to obtain
722 building permits but limit final inspections to a maximum of 533 dwelling units.
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 - 11) was approved on
October 23, 2001 by Resolution 2001-364, and revised on May 27, 2003 by Resolution 2003-231.
On March 4, 2003 by Resolution 2003-075 Council also approved the Supplemental Subdivision
Improvement Agreement (SSIA) for the first "A" Map of Village 11. The First Amendment for said
agreement was approved by Council on July 8, 2003 by Resolution 2003-353 to allow building
permits for the project but no final inspections until the Salt Creek Trunk Sewer is constructed. The
second amendment (Exhibit 1) before Council tonight would allow the Developer to obtain 722
building permits but limit final inspection to a maximum of 533 dwelling units. It is City's staff
opinion that the sewer system in place is sufficient to provide sewer service for the 533 dwelling
units with minor modifications which developer has agreed to install. The Developer has provided
cash security to the City for the necessary modifications.
FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, associated agreements and construction will be reimbursed by the developer.
Attachments: 1. Plat for Otay Ranch Village 11,
Exhibits: 1. Original Supplemental Subdivision Improvement Agreement
2. First amendment to the "A" Map Supplemental Subdivision Improvement Agreement
3. Second amendment to the "A" Map Supplemental Subdivision Improvement Agreement
J:\Engineer\Landdev~Projects\Otay Ranch Village 1 I\second a map ssia\sewer agreement CAS3 doc
57-/
ATTACH M EN~T (,~._~.
V~,LA GE ~,L ~VEN SPA PLAN Deeeiopme~t Concept
SF 3
\
SF 4
SF 4
SF 4
SF4
RM 2
Exhibit II.2.2-2
Village Eleven Land Use Plan
Brooldield Shea Otay, LLC 2-6 Octobm'2$, 2001
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder.s Use
OR~603F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OTAY P~A~NCH VILLAGE ELEVEN,
CHUI_J~ VISTA TP~ACT NO. 01-11
(Conditions 1-6, 8-19, 21-24, 27, 32, 35, 36, 40, ~3, 45, 48, 49,
50, 51, 55, 56, 57, 58, 59, 60, 63, 69, 78, 85, 86, 96, 109, 114,
115, 116, 118-121, 124, 125, 128, 130, 131, 140, 141, 142, 150,
151, 155, 164, 172, 174-177, 179, 180, 183, 184, 185, 189, 192,
193, 195, 196-200, 202-205 of Resolution 2001-364)
This Supplemental Subdivision Ip~rovement Agreement
("Agreement") is made this -~ day of~3~ , 2003, by
and between THE CITY OF Ch-JLA VISTA, Californi~ ("City" for
recording purposes only) and the signatories to this Agreement,
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability
Corporation ("Developer" or "Owner"), with reference to the facts
set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes of this Agreement the term
- ect" shall also mean "Property".
"Uroj
1
B. "Owner" or "Developer,, means the person, persons or
entity hav~ legal or an equitable interest in the property or
-_.ga
parts thereof and includes Owner's successors-in ~ntere
---~ st 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-!! ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of 5he
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 Re~lution. - -
E. Developer has requested the approval of tko first
Map .for the Project ("First Final Map"). Certain conditions of
approval of the Tentative Subdivision Map requires Developer to
~n__ into an agreement with the City prior to approval of the
First Final Map for the Project. Said agreement shall run with
the entire land contained within the Project.
F. City is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer h~s applied and Developer has agreed to the terms and
conditions set forth herein.
G. The following defined terms shall have the meaninc set
forth herein, unless otherwise specifically indicated:
a. "Complete Construction,, shall mean that the
construction of the improvements have been completed and have
been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any
interest in the Property or a portion.of the Property,
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 17, 2001 pursuant to Resolution No. 2001~363.
d. "PFFP" means the Otay Ranch Village Eleven Public
Facilities Financing Plan adopted by Resolution No. 2001-363,
and as may be further amended from time to time.
e. "FSEIR 01-02" means Final Subsequent Environmental
Impact Report and its attendant Addendum for the 0ray Ranch
General Development Plan Amendments/Village Eleven Sectional
2
krea Plan and Conceptual Tentative Map.
f. "Improvement Plans" means all the onsite and
-of~s~te improvements required to serve the lets created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signa'ge,
landscaping, irrigation, fencing and fire hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Agreement;Applicable to SUbsequent Owners.
a. Agreement Binding Upo~ Successors. This Agreement
shall be binding upon and inure no the benefit of 5he
successors, assigns and interes'ts of the parties as to anv or
all of the Property as described on xhlbl~ "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 succ.essor in interest thereto. City is
deemed the beneficiary of such covenants for and in '~
right and for the purposes of protecting the interest of
communiuy 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 o[ 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
3
City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden
of the Agreement rnns with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to
the satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or
its assignee, the City shall release the assignee of the
Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement
to the satisf~'ction of the City and such partial release will
not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burd~-n will not be completed.
e. Release of Individual Lots. Upon the occurrence
of any of the following events, Developer shall, upon receipt
of nhe 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 residentia1 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 lonq 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) shal'l 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
A ~
greemenu, 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 cf the
4
Resolution, Developer agrees to all of the terms, covenants and
conditions contained herein shall that binding upon and inure to
the benefit of the heirs, successors, assigns and representatives
of the Developer as to any or all of the Property.
3. Condition No. 2 - (Requirements and guidelines), in
satisfaction of Condition No. 2 of the Resolution, Deve!cper
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
inctuding~ 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 5ime, unless
specifically modified by the appropriate department head, with
apDrova~ of the City Manage~ ¼=~= -
- - -. T__~=~ plans may be subjec~ to minor
modifications by the appropriate deparmment 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 cf Condition Nc. 3 of the Resolution,
if any of ehe terms, covenants or conditions ~
con~a.~.ed herein
shall fail to occur or i~ they are bv ~hez_ terms, to
implemented and maintained over time, if any of suck conditions
fail to be so implemented and maintained according to 5heir terms,
the City shall have the right to pevoke 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 p osecu=e 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 ~armless). In
satisfaction of Condition No. 4 of the Resolution, Developer
agrees to indemnify, protect defend and hold the
C_~y 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 environmennal review
for the Project and any or all entitlements and approvals issued
by the City in connection with the Project. -
I~ z 3__
6. Condition No. 5 - (Comply with SPA Conditions). In
satisfaction of Condition No. 5 of the Resolution, the Developer
agrees to comply with all applicable Village Eleven SPA
conditions of approval, (PCM 99-15) as may be amended from time
to time. Developer further agrees as follows:
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
fur5her: -
i. Agrees to comply and remain in compliance
with the AQIP;
ii. Waives any claim that adoption of the final
AQIP constitutes an improper subsequent imposition of
the condition;
Acknowledges that the City Council may, from
nime-to-time, modify air quality improvement and energy
conservation measures related to new development as
various technologies and/or programs cha~g~ or become
available; and -' ~
iv. Agrees prior to or concurrent wi5h each Final
Map for the Project to modify the AQIP to incorporate
nhose new measures, which are in effect at the 5ime.
Developer further acknowledges that the new measures
~hall apply, as applicable, to development within all
zu5ure final map areas, but shall not be retroactive to
~hose areas which receive final map approval Drier to
effect of the subject new measures. ~
.=th. To implement the final O~ay Ranch Village Eleven
Wa5~_ Conservation Plan (WCP) approved measures and include
the measures as part of the Project. The Developer further:
i. Agrees to comply and remain in compliance
with the WCP;
ii. Waives any claim that the adoption of a final
WCP constitutes an improper subsequent imposition of
the condition; -
'iii. Acknowledges that the City Council may, from
time-to-time, modify water conservation measures
related to new development as various technologies
and/or programs change or become available; and
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.
6
7. Condition No. 6 - (Submittal of SPA). in satisfacsion
of Condition No. 6 of the Resolution, the Developer agrees to
prepare- au~- submit, to the satisfaction of, and as deemed
necessary by the Director of Planning and Building, an updated
Sectional Planning Area (SPA) Plan, and supporuing 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
FinancD 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 sat~sfaction of Condition No. 8 of the Reso!usion,
5he Developer agrees ~_.au the terms, conditions and 5ime limits
associated with this tentative mad ~hall be consistent with the
.... d Offer Agreement approved by Resolution No. 2000-116 by Uhe
City Council on April !1, 2000 ("Land Offer Agreement,,) and as
amended on August 7, 2001 The Developer and City cf Chula '~ ~
hereby agrees 5o comply with the provisions of the Land Offer
Agreement and all Amendments theretO, and to remain i~ 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, uhe
Developer asknow!edges and agrees that a reserve fund program has
been established by Resolution No. 18288 for the funding of the
Fiscal Impac5 of New Development (F.I.N.D.) Model for the Otay
Ranch Prejec5. The Developer agrees to provide funds to the
Reserve Fund as required by the Reserve Fund Program. Pursuant
to the provisions of the Growth Management Ordinance and the Otay
Ranch General Development Plan (GDP), the Developer agrees to
participate in the funding of the preparation of an annual report
monitoring 5he development of the community of Otay Ranch. The
Developer further acknowledges that the ahnual monitoring report
will aDalyze 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:
7
a. Developer acknowledges and agrees that, prior to
the construction-cf SKz!25~ the City shall stop issuing new
building permits for Village 11 when the Citv, in its sole
direction, determines that either: -
i. Building permits for a total 9,429 dwelling
units have been issued for Projects east of 1-805 (the
start date for counting the 9,429 dwelling units is
January 1, 2000); or, ---
ii. An alternative measure is selected by the
City in accordance with the City of Chu!a Vista Growth
Managemen,t Ordinance.
b. Developer acknowledges and agrees that
notwithstanding the foregoing thresholds, the City may
issue building permits if the City decides, in its sole
discreEion, 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
e}~ceeding the GMOC traffic threshold standard%;
ii. o%her .improvements are consnruc5ed which
~ovlde additional capacity; or
iii. the Cit\, selects an alternative me,bom of
implementing the GMOC standards. These traffic studies
would not require additional environmental review under
CEQA; however, any improvements proposed in these
5raffic 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 Agreemens, 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
s==-sfact~on 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.
8
13. Condition No. 13 (Envirorzmental). In sasisfaction of
Condition No. 13 of the Resolution, Developer hereby agrees, ~o
implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified
in Final EIR 01-02 (SCB#2001031120), the candidate CEQA Findings
and Mitigation Monitoring and Reporting Program (Final EIR 01-02)
for this Project.
14. Condition No. 14 (Other Agencies). In satisfaction
of Condition No. 14 of the Resolution, Developer hereby agrees to
comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources
Quality Control Board, the U.S. Fish and Wildlife Service and the
U.S. Army Corps of Engineers. Prior to any activity that may
potentially impact' biological resources, such as clearing and
grubbing, the Developer agrees t~- comply with all applicable
requirements prescribed in the Otay Ranch GDP/Vi!iage Eleven
Environmental Impact Report ~7 ~ ~
~_R 01-02 (SCE#200±,~3!120 , and
Mitigation Monitoring and Reporsing Program.
15. Condition No. 15 (U.S. Fish and Wildlife/Fish and
Game). In satisfaction of Condition No. 15 of the Resolution,
Developer hereby agrees, to comply wiuh =h_ Project s take
permit/aushorization from the U.S. Fish and Wildlife Service and
California Department of Fish and Game, and comply with the City
of Chula Vista MSCP Subarea Plan.
16. Condition No. 16 (RMP). In satisfaction of Condi5ion
16 of the Resolution, Developer hereby agrees that prior to the
approval of each final "B" map Developer shall comply with all
requirements and policies of the Otay Ranch Resource Management
Plan (RMP) as approved by City Council on October 28, 1993, and
Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved
by City Council on June 4, 1996, and as may be amended from time
to time by the City.
17. Condition No. 17 (Preserve Conveyance Schedule). In
satisfaction of Condition No. 17 of the Resolution, Developer
hereby agrees to comply with the requirements and policies of the
Otay Ranch Resource Management Plan "Preserve Conveyance
Schedule', as approved by City Council on June 4, 199~, as may be
amended from time to time.
18. Condition No. 18 - (Preserve Management)'. In partial
satisfaction of Condition No. 18 of the Resolution, Developer
hereby agrees to ensure ~hrough the maintenance of existing
fencing or gating, if sufficient, or the construction of new
9
fencing cr gating, if deemed necessary by the City, that cattle
from adjacent areas cannot access the land being conveyed.
19. Condition No. 19 ~ (SPA Plan). In satisfaction of
Condition No. 19 of the Resolution, Developer hereby agrees to
comply with all requirements of the Village Eleven SPA Plan Edge
Plan and Agricultural Plan prior to the approval of each final
"B" map for the Project.
20. Conditions No. 21, 22, 23 and 24 (Otay Ranch
Preserve). In satisfaction of Conditions No. 21, 22, 23 and 24
of the Resolution, Developer agrees to the following:
a. (Condition No. 21) Prior to the issuance of each
_ grading permi~ (including clearing and grubbing) for the
Project, the Developer shall comply with the requirements of
the RMP and Phase Two RMP To the satisfaction of the
Director of Planning and Building.
b. (Condition No. 22) The Developer shall convey fee
title, or upon the consent of the Preserve Owner/Manager
(POM) and any lien holder, an easement restricting use of
the !and to those permitted by the Otay Ranch Resource
Management Plan (RMP), to the POM upon the recordation of
each final map for an amount of land equal 5o the final
map's obligation to convey land to the Preserve. Where an
easement is conveyed, the Developer shall b~ required to
provide subordination of any prior lien holders in order to
.ensure that the POM has a first priority interest in such
land. Where consent and subordination cannot be obtained,
the Developer shall convey fee title. Where fee title or an
easement is conveyed, access to the satisfaction of the POM
shall also be conveyed, and each tentative map shall be
subject to a condition that the Developer shall execute a
maintenance agreement with the POM stating that it is the
responsibility of the Developer to.maintain the conveyed
parcel until the Habitat Maintenance District has generated
sufficient revenues to enable the POM to assume maintenance
responsibilities. Where an easement is granted, each
tentative map is subject to a condition that fee title shall
be granted upon demand by the POM. The Developer shall
irrevocably offer for dedication to the City or its
designee, fee title, upon the recordation of each final map
for an amount of land equal to the final map's obligation to
convey land to the Preserve. The Developer shall mainsain
and manage the conveyed parcel until the Preserve Community
FaczlzL_es District (CFD) has generated sufficient revenues
to enable the POM to assume maintenance and management
responsibilities.
c. (Condition No. 23) Upon request of the Director of
Planning and Building, Developer shall execute a maintenance
_~gr~e~ent with the City or its designee for the Otay Ranch
Preserve.
d. (Condition No. 24) Prior to issuance of a!!
grading permits and any other grant of approval for any
landform modification, the Developer shall identify and
protecn to the satisfaction of the Director of Planning and
Building areas of native vegetation, which shall remain
undisturbed pursuant to the MSCP and all Project Permits as
applicable to the Project.
21. Condition.No. 27 - (Multi-Family). In satisfaction of
Condition No. 27 ~f the Resolution, Developer agrees that the
-subsequent development of a multi-family lot which does not
require the filing of a "B" map shall meet, prior To issuance
of a. building permit for that lot, all uh_ applicable conditions
of approval of the tentative maD, as determined bv uh_ ~z=y
Engineer.
22. Condition No. 32 (Street Trees). In satisfaction of
Condition No. 32 of the Resolution, Developer agrees to the
following:
a. The Deve!ooer shall '
lns~a!~ all street trees in
accordance with Section 18.28.10 of the Chu!a Vista
Municipal Code. All street trees shall be planted in
parkways, or as otherwise approved by the Director of
Planning and Building. Street trees, which have been
selected from the revised list of appropriate ~ree 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 s~reet trees, which will be subject to the review and
approval of the Director of Building and Park Construction
and the Director of Planning & Building. Prior to any
utility installation, wood stakes shall be placed by the
Developer on site according to approved preliminary Street
tree plans and shall be painted a bright color and labeled
as future street tree location. Developer further agrees to
provide City documentation, acceptable by the Director of
Building and Park Construction and the Director of Planning
!1
and ~'~'
:u~_azng, that all utility companies have been given
notice that no dry utility line shall be located within five
feet of the wood stake ih any direction. Developer will
maintain st~eet-tge~ 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 nrees.
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
seleczion of smreet trees for t~e street parkways.
23. Conditions No. 35 (PFFP) . In sauisfaction of
Condition No. 35 of the Resolution, Developer agrees to install
oublic Fac~ ~ -
..... m_es in accordance with the Otay Ranch Village
~=ven SPA, Public Facilities Finance Plan (PFFP) as may be
amended from ~ime to time or as ~ ~ ' ~
=-~U__ee by the City Engineer to
....... ~ s~an~=_~ adopned by ~ne City of Chula V~
Developer acknowledge that the City Engineer and Direcmor of
Planning and Building may, an their discretion, modify the
sequence, sshedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
24. Conditions No. 36 (Public Improvements). In
o=~-sfact_~.= of Condition No. 36 df the Resolution, Developer
agrees to dedicate for public use all the public streets shown on
the tentative map '~ '
wl=h~n the subdivision boundary. Developer
further agrees to construct and secure all street improvements as
required by the PFFP, for each particular phase, as may be
amended from time to time. The Developer further agrees to
construct the public improvements and provide security
sanisfactorv to the City Engineer and City Attorney. -
25. Condition No. ~0 (Improvement Construction). In
saeisfaction of Condition No. 40 of the Resolution, Deve!ooer
=g_~es to secure in accordance with Section 18.16.220 of the
Municipal Code, the construction and construct full street
· mDrovemenes for all on-site and cfr-site streets as identified
in the Otay Ranch Village Eleven SPA, PFFP, as may be amended
from time tc time as deemed necessary to provide service to the
Project. Said improvements shall include, but not be limited to,
asphalt ~
_ ~ ...... ~e pavement, base, concrete curb, gutter and
12
sidewalk, sewer, reclaimed water and water uti!i~ies, drainage
facilities, street lights, traffic signals, signs, landscaping,
irrigation, fencing and fire hydrants. Street !icht locations
shall be subject to the approve! of the Si~y Engineer.
26. Condition No. 43 - (PFFP) . in partial satisfaction of
Condition No. 43 of the Resolution, Developer agrees ~o construcs
and secure, in accordance with Section iS.!6.220 of -~= Municiua!
Code, the required s~-=~ ..... .
~-=~- zmprovements listed below and pursuen~
ss Exhibi~ "B" per the ~ and/or ~= ~ ~' ' ~r==
Triggers as may be amended from ~ime to time.
~ East!eke Parkway, Olympic Parkway to Kestrel Falls Road
· HunEe Parkway, Olympic Parkway to ~v~nzng Star Street
27. Conditio~ No. 45 (PFDIF). in satisfaction of
Condition No. 45 of the Resolution, Developer agrees to
parqicipate in the funding of revisl~ns of the Public Facilities
Development Impact Fee (PFDIF) Program, which shall be prepared
--. Czus,, as directed and requested by the City Manager or his
designee and subject to the approval of the City Council and
Developer will receive appropriate crediz for such maru~ci at~ m
28. Condition No. 48 (Fire). in partial satisfacuion
of ~ondzu_on No. 48 of the Resolution, Developer agrees to comply
wi~h the Fire Department's codes and Do]ici== for Fire
Prevention, as may be ~
~ ~me .... ~ from Time to time. Developer
iurther agress than ~ ~ no ' of
~=_o, the zssuance any building
permit(s) for the Project, to provide she fol!owinc items prior
~c delivery cz combusu=ole maueriats on any construction site on
~he Project: -
a. ~a~er supu!v consisting of fire hydrants as approved
and indicated by ih6 Fire Departmenn during plan check to
satisfaction of the ~ir= Department. Any temporary water
sUDpiv source is subj=
~ - ~c~ ~o prior approval by-the Fire
Marshal; and
b. Emergency v~h_~l~ access conszs5ing 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
-- =n_ sas1szaction of the
Department of Public Works. Temporary street signs shall be
subject to the approval of the DeparTment of Pubiic Works and
Fire Department. Locations and identification of temporary
street signs shall be subject to review and approval by the
13
Department of Public Works and Fire Department.
29. Conditions No. 49 (Construction Timing) . in
sanisfaction 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.
30. 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 maD,
the Developer shall install additional fire hydrants uoon reuue~t
and to the satisfaction of the Fire Department. ~
_ 31. Conditiozis No. 51 (Turnaroumd) . In sazisfaction of
Condition No. 51 of the Resolution, Developer agrees ~o construct
a temporary- turnaround or streen ir~!provements, upon the recues5
of and as determined necessary by the City Engineer and
Marshal, as the end cf temporari!v stubbed streets ~= ~
. - ~-~a~_r than
150 ft. ~n length (as measured from the nearest s~=~ centerline
ineersection) . ~
32. Conditions No. 55 - (School Site) hn par ~ial
satisfaction of Condition No. 55 of the Resolu~is?., D~-~=~
a~rees ~,~ prior to approval of all final maps which include s
school ~ (S-l, ~' for '
.... S-~ the Project, DeveloD=~ agr~
censtrucu and secure uo the satisfaction ef the Citv Engineer,
~n= felle~,~ing improvements:
a. Ail necessary improvements for providing ingress and
egress us each school site. This requirement shall a!se
include but is net limited to any required modification
medlars, storm drainage system, s~ree% lights, and irrigation
improvements; and,
b. If warranEed and uuon the request cf the ,~
Engineer, traffic signal improvements for providing vehiculai~
ingress and egress to the School sites.
33. Conditions No. 56, 177 and 192 (Transit Stops). in
satisfaction of Conditions No. 56, 177 and 192 of the R-solu~_~n,
a. {Condition Ne. 56) Fund and install %ransin s5cp
facilities within the Tentative Map boundary when ~ ~ by
the City Engineer. Develope~ further agrees that the
improvement plans for said stops shall be prepared in
accordance with the transit stop details described in ~he
Village Eleven Design Plan and Village Eleven PFFP and as
14
approved by the Director of Planning and Building and City
Engineer.
...... b-~ (Condition No. 177) Developer further agrees to
not protest the formation of any future regional b
assessment district to finance the MTDB San Diego
LRT System.
c. (Condition No. 192) Deve!oDer further agrees to
ons~_~c~ and secure the transit stop =- '
forth in the PFFP. The schedule for constructing the transit
stops shall be approved or determined by the City Engineer
prior to approval of the aforementioned final map.
Developer further agrees to design, subject to the approval
of the City Engineer said transit stops in conjunction with
the improvement plans for the related street. Deve!oDe~
acknowledges and a~rees u~.at the City Engineer may reeuire
that Developer provide s~cu~y
..... ~ -- guaranneeing the
constance_on of said transi5 stops in a form of cash or any
· other form approved by the City w~i
~ --~ neer at his/her sole
discrenion. Since transi5 service availability may not
coincide with Project development, the Developer further
agrees to install said improvements when directed by the
City.
34. Condition No. 57 (ADA) In sa~sYact~ - of
· - - -o~ Condition
No. 57 of the Resoluuion, Developer agrees to construrn sidewalks
and construcu pedestrian ramps on all wa!kways to mean "Americans
with Disabilities Act" standards and as approved ~- .
Engineer. in ~h~ event ~he Federal Government adopts ~A
s~andards for street rights-of-way, which are in conflic~ with
the ta..d~_~ and aDDrova!s connained h~n all su~¼ approvals
conf!ictinc ~ -- ~ .....
~ w,~h those standards shall be updated to reflect
those standards. Unless otherwise required by federal law, City
D~A standards may be considered vested, as determined by Federal
regulations, only
- =~- construczion has commenced.
35. Condition No. 58 - (Pedestrian Bridge). In satisfaction
of Condition No. 58 of the m~solutlon, Developer agrees to
provide a pedestrian bridge connecting Village Eleven to the
Eastern Urban Center (Planning Area 12) crossing (east west)
over Eastiake Parkway just north of Hunte Parkway. Developer
acknowledges and agrees the timing of the construcuion of said
bridge will be determined by the City, consisten~ with the
requirements of Village Eleven SPA Plan, Public Facilities
Financing Plan (PPFP), as may amended from time to time, and
development of the EasUern Urban Center in Planning Area 12,
Developer further agrees that ~he bridge shall be c ~
a location as directed by the Director of Planning and Building
and the City Engineer. -- '
36. Condition No. 59 (Pedestrian Bridge). in satisfaction
of Condition No. 59 of the Resolution, Developer agrees to
provide a pedestrian bridge connecting Village Eleven to nhe
University Site (Village Ten) crossing (north - south) over Hunte
Parkway between Neighborhoods R-i6 and R-17 as depicted on the
Parks -=~=
, m .... etlon, Open Space and Trails Plan in the Village
Eleven SPA Plan. Developer acknowledges and agrees that the
timing of 5he construction of said bridge will be ~
- ~euermzned by
the City, consistent with the requirements of Village Eleven SPA
Plan, Public Facilities Financing Plan (PFFP), as may amended
from time ~o time,, and development of the University siue or
Village Ten, Deve%0per further asrees 5hat the bridge shall be
constructed in a location as ~ =
. - - d_r_ct~d by the Director of Planning
and Building and the City Engineer.-
37. Condition No. 60 (Private water in public'street) in
sanisfacnicn of Condinion No. 60 of the Resolution, Developer
agrees %0 not install privately owned water, reclaimed water, or
onher uti!isles crossing any public street. Developer furnher
acknowledges and agrees that 5he installation of sleeves for
fu5ure ccns5ruction cf privately owned facilities may be allowed
suslec~ nc 5he review and approval of the City ~
following is accomplished: a~c~neer if the
e. The D~_oD~r en%ers into an agreemen% with the
where lhe Developer agrees 5o the following:
i. Apply for an encroachmenE permit for
installation of the private facilities within the
pub!i~.righ5-of-way; and,
mz. MainEain membership in an advance notice such
as the USA Dig Alert Service; and,
iii. Mark out any private facilities owned by 5he
2eve!oper whenever work is performed in the area; and,
iv. The norms of this agreement shall be binding
uson the successors and assigns of the Developer.
b. Shutoff devices as determined by the City Engineer
are provided at those locations where private facilities
traverse public streets.
38. Condition No. 63 - (Street Name Signs). In satisfaction
of Condition No. 63 cf the Resolution, Developer agrees to
install permanent s5ree5 name signs prior to the issuance of the
first buil6ing permit for the applicable final map.
39. Condition No. 69 - (LOMb) . In satisfacsicn of Condition
No. 69 of the Resolution, Developer agrees that prior to transfer
cf responsibility of maintenance of any basins cn the Project,
and release of the grading bond to obtain a Letter of Map
Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program Maps to
reflect the effect of the drainage improvements, Developer
a~knowledges and agrees that it shall be the responsibility of
~ne Developer to revise the flood plain map no reflect all
modifications and to ensure that no DroDosed lot w~] be created
in said flood plain. - ....
40. Condition No. 78 - (NPDES). In satisfaction of
Condition No. 78 of the Reso!usion, Developer agrees to comD!y
with all app!icabl~~ regulations established by the United Sta~es
-Environmental Protection Agency (USEPA) as set forth in the
Nasiona! Pollutant Discharge
- ~ ....... Syssem (N.P.D.E.S.)
· per. it requirements for' urban runoff and storm waner discharge
and any regulations adopted by the City of Chu!a Vista pursuant
uo the N.P.D.E.S. regulations or requirements. Developer further
a~rees to file a Notice of Intent with the State Waner Resources
=-~==rol Board to obtain coverage under the N.-.D.d.S. General
==mit zor Storm Water Discharges Associated with Construction
Activity and shall implement a Storm Wate~ Poi!union Prevention
Plan (SWPPP) concurrent wi~h the commencemen~ of grading
activities. The SWPPP shall include honk conscrucuion and post
ccnstrucuion pollution prevention and pollution o.~==ol measures
~ sha]~ identify fundinc mechanisms for uos~ construction
control m=~--~ . _ ~he_ agrees ~o comply with all
. ~ ..... s The Developer f,,~ ~ -
%ne. provisions ef uhe N.P.D.E.S. and 5he Clean Wa5er Program
~ur~ng and af5er all phases of uhe deveiepment process, including
bu5 not iimized to: mass grading, rough grading, ccnssruction of
.... t and landscaping improvements, and construc5ion of dwelling
uni5s The m~
· ~=veloper shall design the Project's storm drains and
o~h~r.drainage facilities to include Best Management Practices to
mznmm~ze non-point source pollution, satisfactory to the City
Engineer. T~a San Diego Regional Water Q' =-'ty Control Board has
--- - ~]1 _
issued a new Municipal Storm W=ue_ Permit (Order No. 2001-01)
TN~ permit includes ~= ~1--' -
'- -~gu-~ons such as implementation of
Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric
Sizing Criteria for new residential deve!oument ~¼= Develoner
=_~es to comply with all relevant City regulations, when they
become effec5ive, including but no5 limited to incorporation into
uh~ design and implementation of the Project temporary and
p6rmanent suructural Best Management Pracnices and non-structural
miEigation measures that would reduce pollution of storm water
runoff to the maximum extent practicable.
41. Conditions No. 85, 86, and 155 (SDCWA and SDG&E) . in
partial saeisfaction of Condition No. S5 of the Reso!ution,
Deve]oDe~_ _ - agrees prior to the approval of the first zzna±~' ~ ma~
which includes these public facilities to enter into a Joinz ,Use
Agreement (JUA) with the City, SDG&E and SDCWA in a fcrm
acceptable 5o the City A~no_ney for ail public faci!i%ies
crossing -~ SDG&E and SDCWA - ~
.... e~s~menL=. Developer acknowledges
and agrees that such Agreement shall provide the
~ - - ~v with prior
rights ro~ its Right-of-Way, which crosses the easements.
Developer shall be responsible for any payment to SDG&E and SDCWA
£o ensure zhan the City has prior rights for any Right of Way
crossin~ %he SDG&E and SDCWA easements. Developer acknow]edces
and agrees that work proposed within another agency's easement
would
--~ .... the ,agencies signature on the applicable plans
prior no oermit issqance. The Developer further agrees no pay all
cosEs of any nature incurred bY the City as a result of
ennering into a JUA wi~h SDCWA and/~r SDG&E for public facilities
crossing those agencies' easements within the Projece inc!udinc
any and all costs for relocating public facilities au any time
pursuant zo ~he terms of any such JUA.
42. Condition No. 96 (Permitting agencies) in
· pa~la!
sauisfaction of Condi5ion No. 96 of ~he Resolution,
ag~=s ~ ob~a_n approval from all applicable permittinc
agencies, including but not limited to F~ ~ -
~-, prior ~o any work
within each of the agencies jurisdiction. Dove!oDer further
acknow_edg~ and agrees that all mitigation requirements will be
~~ po_~o ..... ty of um~ Developer.
43. Condition No. 109 - (Salt Creek Sewer). in partial
~_s~ac~o~. of Condition No 109 of the Resolution =
' - - , D~v~_ope_
agrees to not seek any building permits for the Project until
Salt Creek Trunk Sewer Improvements has been provided for as
indicated in the repor~ entitled " v
O ervz~w 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·
44. Condition No. 114 (Parks in partial satisfaction
of condition !14 of the Resolution, the Developer agrees that the
Project shall satisfy the requirements of the Park Land
Dedication ~.-d~nance (PLDO) . Project Developer further agrees
thau the Project's Neighborhood Park portion of the local park
recuiremenu skall be satisfied through the provision of a 7.0
net-acre Neighborhood Park (P-l). Developer further agrees that
~he remainin~ requirement shall be satisfied ~
18
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. ~
45. Condition No. 115 - (Parks). in partia!' satisfaction
of Condition No. 115 of the Resolution, Developer agrees to
provide an all weather access road to the neighborhood park site
(P-l) to the satisfaction of the Fire Marshal and Chief of Police
and at no cost to the City, upon request from the Director o~
Building and Park Construction. -
46. Condition No. 116 (PAD Fees). In satisfaction of
Condition No. 116 of the Resolution, Developer agrees to pay all
applicable Parkland Acquisition and Development fees (PAD Fees)
to the City in a~ordance with C.V.M.C Chapter 17.10 prior to
- approval of each final "B" Map, or, prior 5o issuance of building permits for condominiums, community apartments, or stock-
cooperatives not requiring the filing of a final "B" U~D
47. Conditions Nos. 118, 119, and 120 - (Park Site
Requirements). In satisfaction of Conditions Nos. 118, 119, 120
of the Resolution, Developer agrees to comply with the following
schedule for commencement of construction and delivery to the
C_zy of the Project's park site (P-l):
a. (Condition No. 118)
i. Prior to issuance of a building permit for
5he 360th dwelling unit for the p ' ~ -
ro]ec=, Developer
shall have commenced construction of Projec5's Park (p-
!), to the samisfaction of the Director of Building and
Park Construction. Developer shall complete
construction of the park within nine (9) months of
commencement of construction. For purposes of this
Condition No. 118, the term "complete construction,,
shall mean park construction has been completed
according to the City approved construction plans and
accepted by the Director of Building and Park
Construction. Furthermore "compete construction,, shall
mean prior to and shall not include the City's
established maintenance period required prior to
acceptance by the City for Public use.
ii. Prior to commencement of park construction.,
and Developer shall prepare, submit and obtain the
approval from the Director of Building and Park
Construction, City Engineer of a Park Master Plan for
the Project and prepare, submit and obtain the approval
from the Director of Building and Park Construction of
park construction documents and improvement bonds.
19
iii. At any time the Director of Building and Park
Construction-may; at his sole discretion, modify the
neighborhood development phasing and construction
sequence for the Project's park should conditions
change to warrant such revision.
b. (Condition No. !19) Developer agrees to rough
grade the Project's park site (P-l) to conform to the
approved Park Master Plan to the satisfaction of the City
Engineer and the Director of Building and Park Construction
and at no cost to the City.
c. (Condition No. 120) Developer agrees to install
underground ut'ilities to the property line of the Project's
park site (P-l) to the satisfaction of the Director of
Building and Parks Construct-~on and the City Engineer
concurrently with the installation of underground utilities
for any portion of the Project adjacent to the park site or
upon request of the Building and Park Construction Director,
whichever occurs earlier.
48. Condition No. 121 (Withhold Building Permits). In
satisfaction of Condition No. 121 of the Resolution, Developer
agrees tha5 au no time shall ~here 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 no the City's
required mandatory maintenance period. Developer acknowledges
that this is not intended to supersede any of the City's
maintenance guarantee requirements.
49. Condition No. 124 - (Town Square Park). In
satisfaction of Condition No. 124 of the Resolution, Developer
agrees, prior to issuance of the building permit for the 300th
dwelling unit issued within Phase Two of the Project, that
Developer shall complete construction of the Town Sguare {P-4),
within Phase Two, to the satisfaction of the Director of Building
and Park Construction. The term "complete construction,, shall
mean park construction has been completed according to the City
approved construction plans and accepted by the Director of
Building and Park Construction. Furthermore for purposes of this
Condition No.124 "Complete Construction' shall mean prior to and
shall not include the City's established maintenance period
required prior to acceptance by the City for Public use.
50. Condition No. 125 (Landscape Master Plan). In
satisfaction of Condition No. 125 of the Resolution, Developer
hereby agrees that within 30 days of the approval of this
Agreement, Developer shall submit and obtain the approval of the
Director of Building and Park Construction of a La~scape Master
Plan which shall include the
~o_!owlng major components:
a. Landscape Concept. '
b. Wall and Fence Plan indicating type, material,
heighn, and location.
c. Brush Management Plan, identifying three zones and
treatment.
d. Maintenance Responsibility Plan.
e. Planting Concept Plan.
7. Master Irrigation Plan.
51. Condition No. 128 (Open space Maintenance District).
In partial satisfaction of Conditio~ No. 128 of the Resolution,
in the event that Developer requests the formation cf a Community
Facilities District (CFD), Deve!ooer hereby
following: ~ agrees to the
~. a. The CFD shall be formed prior to ammroval of the
~lrst "B" map for the p
ro]~c~ .
b. Subject to the approval of the Director of
Engineering, Developer shall submit a list of amenities,
acreage and costs for all Open Space District lots including
but not limited to the cost of any detention basin
maintenance and ali costs to comply with the Department of
Fish and Game and the U.S. Army CorDs of Engineers permit
requirements, if any. -
c. Developer shall maintain the open space
improvements for a minimum period of one year or until such
time as accepted into the Open Space District by the City,
whichever occurs later.
d. If Council does not approve the CFD formation,
another financing mechanism such as a Master Homeowners
Association, or an endowment shall be established and
submitted to the City Council for consideration prior to
approval of the first B map for the Project.
e. The Developer shall provide all the necessary
information and materials (e.g., Tables, diagrams, etc.)
required by the City Engineer for processing the formation of
the proposed open space district.
21
52. Condition No. ~30 (Easements for trails), in
satisfaction of Condition No. 130 of the Resolution, Developer
agrees that prior to the approval of each Final Map that contains
a proposed public trail, Developer shall provide an easement to
the City, in a form approved by the City Attorney, for the trail
alignment.
53. Condition No. 131 (Regional Trails). in satisfaction
of Condition No. 131 of the Resolution, Developer agrees that all
trails shall be bonded/secured and constructed witk the approved
rough grading, and connect to adjoining existing and/or proposed
trails in neighboring development Projects, as determined by the
Director of Building and Park Construction.
54. Conditio~ No. 140 (Landscape Plans). In satisfaction
~ of Condition No. 140 of the Resolution, Developer agrees that
p-,or to the issuance of each construction e~ ·
p .mit for the
Project, 5he Developer shall prepare, submit and obtain the
approval of the City Engineer and the Director of Building and
Perk Construction, landscape and irrigation plans, for open
s~ace, parkway, medians and trails Developer fur =~ -
- - - ' th~_ agrees that
all plans shall be prepared in accordance with the current Chula
Vista Landscape Manual and the Village Eleven SPA, as may be
amended from time to time. Developer further agrees to install
=~ improvements in accordance wzth approved plans to the
satisfa~tis, n of the Director of Building and Park Consnruction.
55. Condition No. 141 (Landscape Plans). in parlial
satisfaction of Condition No. 141 of the Resolution and prior to
the approval of the first final "B" map, Developer a~=es to:
a. Submit evidence acceptable to the City Engz .....
and the Director of Planning and Building of the formation of
a Masher Homeowner's Association (5iHOA), or another financial
mechanism acceptable to the City Manager. The MHOA shall be
responsible for the maintenance .of those landscaping
improvements that are not to be included in uh~ proposed
financial mechanism. The City Engineer and the Director of
Planning and Building may require that some of those
improvements shall be maintained by the Open Space District.
The final determination of which improvements are to be
include! in the Open Space District and those to be
maintained by the MHOA shall be made during the Open Space
District Proceedings. The MHOA shall be structured to allow
nnex=~lon of future tentative map areas in the event the
City Engineer and Director of Planning and Building requires
such annexation of future tentative map areas. The MHOA
formation documents shall be subject to the approval of the
City Attorney; and, ~
22
b. Submit for City's approval the CC~R's, grant of
easements and maintenance standards and responsibility of the
MHOA's ~for the Open Space Areas within the Project area.
Developer shall acknowledge that the MHOA's maintenance of
public open space, trails, etc. may expose the City to
liability. Developer agrees to establish a .MHOA that will
hold the City harmless from any actions of the ~EOA in the
maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer
and the Director of Planning and Building of a list of all
Otay Ranch Village Eleven SPA and MHOA facilities and other
items .to be maintained by the proposed district. Separate
lists shall be submitted for the improvements and facilities
to be maintained by the Open Space District and those to be
maintained by a Master Homeowner,s Associaticn. Include a
description, quantity and cost per year for the perpetual
maintenance of said improvements. These lists shall include
but are not limited ~o the following f~ci!ities and
improvements:
i. All facilities located on open space lots such
as walls, fences, water fountains, lighting structures,
paths, trails, access roads, drainage snructures and
landscaping. Each open space lot shall also be broken
down by the number of acres of: 1) turf, 2) irrigated,
and 3) non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
ii. Medians and parkways along Ol_vmpic Parkway,
Easu!ake Parkway and Hunte Parkway, Birch Road, (onsite
and offsite) and all other street parkways proposed for
maintenance by the applicable Community Facilities
District or Homeowners' Association.
iii. The proportional share of the proposed
detention basin (temporary or permanent) located in the
Salt Creek Sewer Basin. This includes the cost of
maintenance and all cost to comply with the Department
of Fish and Game and the Corps of Engineers permit
requirements.
iv. The proportional share of the maintenance of
the median and parkways along that portion of Olympic
Parkway adjoining the development as determined by the
City Engineer.
v. Ail water quality basins serving the Project.
56. Condition No. 142 - (Open Space Lots). In satisfac£ion
of Conditicn No. 142 of the ResoluTion, Developer agrees to
execute and record an irrevocable offer of dedication of fee
znzarest :u zhe City on all final maps for all open space
shown on the tentative map and :o be maintained bt, -'
z.hrsugh -~- the
57. Condition No. 150 - (Maintenance District). in
satisfaczisn of Condition No. 150 of the Reso!uticn, Dev=Z~
agrees ~o not protest formation or :nc!usion in a maintenance
..... mcn or zone for ~ne maintenance of landscaped medians and
~: .... corrzeors along streets within or adjacent zc~¼= D~Oi=Cr
58. Condition No. i~1 (Landscape Funding Mechanism). in
satisfacticn of Condizion No. 151 of the Resolution, Developer
agrees thaz prior to issuance of any grading permit which
includes ~andscapisg and Irrigation (L&I) improvements to be
_ installed zn an open space lot to be maintained by the Community
r=__~zty D~str~ct (CFD), the Develoue~ sha~ ~'=~= a cash
aepos~t, ur .ether ~unezng mechanis~ acceptable no she City, in
the' City's sole discretion, with the City which will guarantee
zhe mainuenaxce of the L&! improvements until the Sizy accee~=
sad! impruvements. Developer further acknowledges and
........ = event the zmprovements are not maintained to City
~-=~-sards ~s determined by the City Engin=~r and ~m= ~' - ·
Building and Park Construction, the deposit shall be ~ =~
perform Eno maintenance. Developer further agrees that
amsunn of the deposit shall be euuivaient to the est!maned
cz maznuaznine the oDe~ space lots to City standards for a period
~ ...... ~ ("Minimum Deposit Amount") as de==rmzne~ by
ilz-.: Engineer. D=v=~ ..... further agrees than any ~'~"==d portion
........ s=,~ may be incorporated into t¼~ ~r~'s p=~=
Ac_o_~= .... etu .... d do the Dove!oDer, accord-~u .~
fei!owing: ~ uo
a. if, six months prior to the scheduled date cf
accepnance of Landscape and !rriganion imprcvements for
maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these
amounns shall be incorporated into the Reserve Account, er;
b. if the Reserve Account is at or above lhe Minimum
Deposin Amount, the unused portion of the deuosi~ may be
_ere ..... to the Dove!oDer in 6 ecual monthly in ~=
- - c--menUs over
the ....
.... six months of the maintenance ~erzed if the
maintenance is being accomplished to the sati~fa=-~on of the
Director of Building and Da~k Construction.
59. Condition No. 16% (Off site Right of Way). In partial
satisfacticn of Condition No.
. lo=, the Developer agrees to nozify
ihe City al least 60 days prior ~o considera£~on of a mad by
~ -_~_ ~ - . 7--~
if ~ny off-stye ~_~h~ ~- w~v can.no: be obtained as recuire~ tv
~r.e Cenciiions of ........ Only c zz-s!Ee cr
easements affected by -- ~' '~,~ of ~n= Subdivision ~aD
~ ~ cov .... by this sondi~ion. } Aider s=_~ no~z-' ~=r~ o~
..... D~- shall:
a. Pay the =',' ~
wav ~nd/or easements reouired by mke Conditicns cf ..==
of ~xe Lentative mad.
'- Deposit wish -~= n~
..... - ............ coal of
a~ .... hg said ' ' ~- = '~' and/e} e~sements, maze esnzma~e
to be ~pproved by uhe City Engineer.
:. Have all easements and/or right-of-way documents
and clara prepared and =~r=~ =' ~ ~ . ·
- - ~-~_s___ comp!ele wnzcn are
bv ~r.e City A~crxey. - -
for cfr-siLo l..u .... m ...... work relaEed Eo -~= =i
60. Condition No. 172 (Witb~hold Pe~its per PFFP) .
sazisfaczisx n~ Condiuisn No. 172 of -m= R: i
subjec- subiivisisx ~= =~,, ~_~= ~ nme
-,~ .... == eevezoDment ~hreshold iimius sen
.... ' .... - ..... p~--a=_o.~ Phasing D~=. as -
from time ~c lime, have been reached er in order
~ .... Prcjec5
..... = the comply wish nhe Grew%h Hanagemen5
Program as m=v be amended from ~ime to time.
uziii5ies and o~ serviues ='
~t .... exceed nhe adopned
{inv threshc!i standards or fail to comply with the
nnen el=ecu!ye Growth Management Ordinance, and GrowEh
tn=roue. Public
~=~=ule~ shall include, but _!el be !!miiei to, air
qu~!ity, d~={ ~-~ and
i~ ~ The recuir=i ~-,~' ~ ~ - .... ~ .....
-' PFFP or as amenaac or e~herwise .~e~- ~n '
ix _r~e .......... ed nave
:~c5 s .... completed er censnrucnec to the saEisfacuicn
= City. - ~ ~
c~ 5he The De%.e~oDer may propose chances in the
liming and secuencing of developmenz and 5he
2~
, -27
construction of i~provements 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
~nancing Plan (PFFP) for Otay Ranch Village Eleven SPA
the required public facilities, as identified in the
~FFP or as amended by the Am. nual Monitoring Program
nave not been completed.
b. To defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim, action or
proceeding aga.inst 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 clafm, action or proceeding and
on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable ~elevzslcn
companies "C ~-] = ' '
- am_e Company") are permitted equal opportuniuy
to place conduit and provide cable television service to each
lot within the subdivision. Developer agrees that the City
of Chuia Vista may grant access to cable companies franchised
by the City of Chu!a Vista to place conduit within the ~' 's
C_~y
easemen~ situated within tk~ Project. Developer shall
restrict access to the conduit'to only those franchised cable
television companies who are, and remain in compliance with,
all o5her rules, regulations, ordinances and procedures
regul==!ng 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 notic~e of such
determination and allow the Developer reasonable ~ime 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.
26
6!. Condition No. i~4 (Previous Agreements) . in
satisfaction of Condition No. !74 of the Resolution, Developer
agrees to comply with all previous agreements as they pertain
the Tentative-Map.
62. Condition No. 175 - (Street Sweeping). in satisfaction
of Condition No. 175 of the Resolution, Developer agrees
w!=h the City's current street sweeping franchisee, or
contract
other s~_~e==~- ~ approved by the Director of Engineering to provide
street sweeping for each phase of deve!oDment_ on a frequency and
level of service comparable to that provided for szmz!ar areas of
the City. The Developer further agrees to cause s5reet 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 ~.he s5reet or 60 days after the completion of
-all punch list items, whichever is shorter. The Dove!oDer further
agrees to provide the City Special Opera5ions Manager with a copy
of t. he memo requesting sureet sweep~g service, whick memo shall
include a mad of areas no be swep5 and the dane the sweeping will
63. Condition No. 176 (Regional Impact Fees). In
satisfaction of Condition No. 176 of the Resolumicn, Developer
acrees_ 5o not protest the formation ~_~= anv future r=gzon~!~ ~
benefit assessment s~ = ' -
~=s~r~c~ formed %o finance regional
facilities.
64. Condition No. ~179 (No Protest LRT Assessment
Formation). In satisfaction of Condinion No. 179 of the
Resolution, Developer agrees uo not protes5 the formation of any
potential future regional benefit assessment districn formed
finance the Light Rail Transit (LRT) .
65. Condition No. 180 (Open Space Lots). in satisfacuion
of Condition No.180 of the Resolution, Developer agrees
construct and secure open space landscape improvements within the
map area as set forth on Exhibit "B".
66. Condition No. 183 (PFFP). In satisfaction of
Condition No. 183 of the Resolution, Developer agrees 5o 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 ~he City.
Developer acknowledges and agrees that the City Engineer may
modify the sequence of improvemenE construction should conditions
change to warrant such a revision. The Developer furnher agrees
tc comply with Chapter 19.09 of the Chu!a Vista Municipal Code
27
(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 (19.0~.090) and Threshold Compliance Procedures
(19.09.100).
67. 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.
68. Condition No. 185 (Offsite ROW). In satisfaction of
Condition No. 185 ~ 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.
69. Condition No. 189 - (A_n_nual 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 ~he Otay Ranch General
Development Plan (GDP), and as they may be amended from time to
lime, the Developer shall complete the following: (1) Fund the
preparation of an annual report monitoring the d~velopment of the
community of Otay Ranch. The annual monitoring report will
analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. An annual review
shall commence following the first fiscal year in which
residential occupancy occurs and is to be completed during the
second quarter of the following fiscal year. The annual report
shall adhere to those guidelines noted on page 353, Section D of
the GDP/SRP; and (2) Prepare a five year development phasing
forecast identifying targeted submittal dates for future
discretionary applications (SPA's and tentative maps), Projected
construction dates, corresponding public facility needs per the
adopted threshold standards, and identifying financing options
for necessary facilities.
70. Condition No. 193 - (Phasing Plan). In satisfaction of
Condition No. 193 of the Resolution, Developer agrees that any
proposals to modify the Village Eleven SPA approved phasing plan,
shall be submitted to the City for review and approval prior to
approval of the first final "B" Map. The Developer further
acknowledges and agrees that the PFFP shall be revised where
necessary to reflect the revised phasing plan.
28
71. 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 constrd~tion should conditions change to warrant such
a revision. The Developer further agrees that the City Engineer
may change the timing of constructio~ of %he public facilities.
72. Condition No. 196 - (Phasing Plan). In sa5isfaction of
Condition No. 196 of the Resolution, Developer agrees that the
Public Facility Finance Plan or revisions there5o 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 Chu!a Vista.
Developer acknowledges that the PFFP identifies a facility
phasing plan based upon a seu 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 nhe Village Eleven SPA's
facility improvement requirements to those identified in the
PFFP. Developer acknowledges that compliance with the City of
Chula Vista threshold standards, based on actual development
patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall' govern Village Eleven
SPA development patterns and the facility improvement
requirements to serve such development. In addition, Developer
acknowledges and agrees that the sequence in which improvements
are constructed shall correspond to any future Chula Vista
Transportation Phasing Plan or amendment to the Growth Management
Program and Ordinance adopted by the City and that the City
Engineer may modify the sequence of improvement construction
should conditions change to warrant such a revision.
73. Condition No. 197 - (Phasing Plan). In satisfaction of
Condition No. 197 of the Resolution, Developer agrees that prior
29
"
tO approval of any final map proposing the creation of a Multi-
family housing for the Project including Planning Areas R-17, R-
18, R-19, R-23, R-24, R-25 or MI3-1 as a condominium Project,
community apartment Project, or stock cooperative, as defined in
the applicable sections of the Government Code, Developer agrees
to process a subsequent tentative map for said proposed
condominium, community apartment, or stock cooperative p ' ~
ro3ecu in
said Planning Area pursuant to Section 66426 of the Subdivision
Map Act.
74. Condition No. 198 - (Code Require~ments). In
satisfaction of Condition No. 198 of the Resolution, Developer
agrees to comply with all applicable sections of the Chula Vista
Municipal Code. · Developer acknowledges and agrees that
preparation of the :~inal Map and all plans shall be in accordance
with the provisions of the Subdivision Map Act and the City of
Chula Vissa Subdivision Ordinance and Subdivision Manual.
Developer further agrees to underground all utilities within the
subdivisicn in accordance with Municipal Code requirements.
75. 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
Impac5 Fees.
b. Signal Participation Fees·
c. All applicable sewer fees, including but not limited
to sewer connection fees.
d. Interim SR-125 impact lee.
e. Salt Creek Sewer Basin and Poggi Canyon Sewer Basin
DIF.
~ The Pedestrian Bridge DIF.
g. The FIND Model reserve Fund Fee.
Developer agrees to pay the amount of said fees in effect at the
time of issuance of building permits
76. 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·
77. Condition No. 202 - (Code Requirements). In partial
satisfaction of Condition No. 202 of the Resolution, Developer
30
agrees to comply with C~uncil Policy No. 522-02 regarding
maintenance of natural channels within open spaces.
78,_~ondition No. 203 (Code Requirements). In partial
satisfaction of Condition No. 203 of the Resolution, Developer
agrees tha~ all proposed development should be consistent with
the Otay Ranch Village Eleven SPA Planned Community District
Regulations.
79. Condition No. 204 (Code Requirements). In partial
samisfaction 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 (19109.090), and public facilities finance plan
amendment procedures. -
80. Condition No. 205 (Code Requirements). In partial
satisfaction of Condition No. 205 of the Resolution, Developer
acknowledges that the City amending its Growth Management
Ordinance to add Section 19.09.105, to establish provisions
necessary to ensure compliance with ad~pted threshold standards
(particularly traffic) prior to construction of State Route !25.
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.
81. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1-6, 8-
19, 21-24, 27, 32, 35, 36, 40, 43, 45, 48, 49, 50, 51, 55, 56,
57, 58, 59, 50, 63, 69, 78, 85, 86, 96, 109, 114, 115, 116, 118-
172, 174-177, 179, 180, 183, 184, 185, 189, 192, 193, 195, 196-
200, 202-205 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.
82. 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.
31
83. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneousl~.wi~h the recordation of the Final Map.
84. 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
ibis Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
85. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or
perminted by this Agreement o~ by law to be served on or
delivered to either party shall be in writing and shall be
deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this
paragraph by giving .written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Engineering
DEVELOPER:
Brookfield Shea Otay, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or
limit the scope or intent of this Agreement or any of its
terms.
32
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no
force and effect. This Agreement is not intended to
supersede or amend any other agreement between the par[ies
unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact than a paruy 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 ~ttached hereto are incorporated by reference
into this Agreement.
f. Attorneys' Fees. If either par£y commences
litiga5ion for the judicial interpretation, reformauion,
enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against ute other for an amount
equal to reasonable attorney,s fees and court costs incu~=d
The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief soughn.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
33
EXHIBIT "B"
LIST OF SECURITIES
CV WO No Description Bond $ Bonding Company Name Bond
(Drawing #) number
OR-604C Eastlake Plovy Improvement. S761, 900 American Casualty Company 58606844
(02083-01 to I t) from Olympic Pkwy to KestTe[ of Reading, Pennsylvania
Falls Road
OR-605C Hunte Pkwy, from Olympic $922,400 American Casualty Company 58606845
(02143-01 to 13) Pkwy to Evening Star Street of Reading, Pennsylvania
OR-603I Backbone Improvements within $3,240,000 American Casualty Company 58606846
(02082-01 to 24) Phase l of Reading, Pennsylvania
OR-604C Landscape & Irrigation for OR $ 314,281.82 St. Paul F. ire& Marine SX0ddd
(02109-01 to 18) Village,,11 Phase I Eastlake Pkwy Insurance Company
OR-605C Landscape & irrigation for OR $ ' ~ ' a -
~.~,69 l.,o St. Paul Fire & Marine SX0453
(02107-01 to 18) Village I1 Phase 1 Hunte Pkwy Insurance Company
OR-603I Landscape & Irrigation for OR $-~.428,371.16 St. Paul Fire & Marine SX0452
(02108-0I to 45) Village 11 Phase I Backbone Insurance Company
hnp.
OR-603G Landscape & h"rigation for OR $ 561,725.89 St. Paul Fire & Marine SX0449
(02106-01 to 60) Village 11 Phase I Private Slopes Insurance Company
OR-603G Landscape & Irrigation for OR $ 1,872,425.64 St. Paul Fire & Marine SX0451
(02106-01 to 60) Village I 1 Phase l HOA Slopes Insurance Company
OR-603G Landscape & Irrigation for OR $ 209.189.70 St. Paul Fire & Marine SX0450
(02106-01 to 60) Village 1 I Phase I Park Site P-1 Insurance Company
Slopes
OR-603G Landscape & Irrigation for OR $ 1,548,788.42 St. Paul Fire & Marine SX0448
(02106-01 to 60) Village I 1 Phase I Temporary Insurance Company
Slopes
OR-603G Landscape & Irrigation for OR $ 242.245. I l St. Paul Fire & Marine SX0447
(02106-01 to 60) Village l 1 Phase 1 Water Quality, Insurance Company
Bashes
OR-603G Landscape & Irrigation for OR $1,480,688.47 St. Paul Fire & Marine SX0446
(02106-01 to 60) Village I 1 Phase I CFD Slopes Insurance Company
OR-603G Landscape & Irrigation for OR $1547,443.50 St. Paul Fire & Marine SX0445
(02106-01 to 60) Village I 1 Phase I CFD Preserve Insurance Company
Slopes
3'7
ME ORIGINAL OF THIS DO~UY~ '
~ ~R ~1~2
RECORDING REQUES~D BY~ ~
COMMONW~LTH ~ND TITLE COMPA~ ~ BI~ ~Y ~'8 O~ICE
TI~: 2:48
)
C!:v Clerk )
}
~HEN RECO~ED ~IL TO: )
CiUY OF CSi~ VISTA )
21~ Fourth Avenue )
Chuia Vis~, CA 91910 )
}~eve Space for Recerder's
OR-603F
FIRST ~EN~MENT TO THE SUPPLEMENTAL SUBDIVISION !MPROIrEMENT
AGREEMENT
FOR OTAY R3LNCH ViLL~.GE ELEVEN,
Ci~~-. VISTA TP_ACT NO. 0!-!!
This first amendmenm to the Supplemental Subdivision
!m~rovemen5 Agreement ("Original Agreement") is made this
[~'~ day of ~64~/~ , 2003, by and between THE CiTY OF CP~-D~-
\'iSTA, California ("City" for recording purposes only) and the
signatories uo this first amendment to the Agreement, EROOKFiELD
SH=_A OTAY, LLC, a California Limised Liability Corporauion; OSay
MFI LLC; OTAY R2/3 LLC; OTA~RT/!0 LLC and Shea Homes LimiSed
_=_~n__sh__ (collectivel~ referred 5o herein as ,'Developer" or
"O~.~.er"), with reference 5o the facts set forth below, which
r~_uals=~ ~-~.,=~-tu~e a Dart_ of this firsu amendment to 5he Original
A .... mont.
REC!T~S
A. This first amendment ~o the Original Agreement concerns
and affects certain real property located in Chula Vista,
California, more particularly described on E~ibit "A" attached
hereto and incorporated herein ("ProperEy")- The Property is
approved TenEative s~division Map Chula Vista Tract 0t-ll Otay
Ranch Vi!iago Eleven and is commonly ~o~ as Windin~alk. For
pu~oses of 5his firsE amendmenu to the Original Agreement Ehe
te~ "Projecs" shall also mean ,'Property".
B. "O~er" or ,'Developer" means the person, persons or
entity having a legal or an e~iSable interest in the property or
Darts thereof and includes O~er's successors-in-interest and
~ssigns of any property within the boundaries of the Property.
1
C. Developer and/or Developer's =redecesscr zn in5eress
~== app!men for and the City has approve! Tentative Subdivision
Mac commonly referred to as Chuza ' ~ Trace 01-~ '"Tentat±ve
Subdivision Map" or "Tentative Map") for 5he subdivision of
Property.
D. The City has adopted Resolution No. 2001-2~4
("Resolution") pursuant to which mt has approved ~he
Subdivision Map subject to certain conditions as more particularly
es~rlbed in the Resolution.
E. The City has adopted Reso!u~ion Number 2003-075
approving the "Supplemental subdivision improvement Agreement for
Otay Ranch village Eleven, Chu!a Vista Tract number 01-i1"
("Original Agreement") and is desirous of amending said
Original Agreement.
~ ~he City previously approved a version of ~¼' '
amendment 5o the Original Agreement by Resolution Number 2003-2S6
which listed the owner as BROOKPiELD SH~A OTAY, LLC, a California
l~
...... ~d Liability Company which was correc~ at that =ime. The
developer sc!d portions of the real properEy at issue subsequen=
nc City Council approval and prior ~o recordation of nhis firss
amendment to the Original Agreement.
G. The previously approved First Amendmens to the
SuDD!ementai Subdivision Improvement Agreement (Reso!ueion Number
20.5~-286) is no longer accurate due to the change in ownership.
NOW, THEREFORE, in exchange for the mutual covenanns, terms
ani conditions herein conEained, the parties agree 5o delete
Section 43 of the Original Age-eement and substitute in its place
ani stead the following new Section 43.as se5 forth below:
I. ~3. Condition No. 109 - (Salt Creek Sewer).
in partial satisfaction of Condition No. !09 of 5he
Resolution, Developer agrees ~o not seek final
inspection for any building permits for the Project
unEi! Salt Creek Trunk Sewer !mprovemenEs has been
provided for as indicated in the report entitled
"Overview of Sewer Service for Village Eleven SPA at
ERe Otay Ranch Project" (Village Eleven SPA Sewer
Report) prepared by Wilson Engineering dated March,
2001, or as amended by the Applicant and approved b!,
the Director of ~ = ~n
Eng_ne_r__g.
II. Previous A~reement.
Except as expressly provided herein all other provisions of
the Original Agreement shall remain in full force and effect, it
is hereby noted that the previously approved first amendment to
2
:he Origixal Agreemex: (resclu:ion 2~£~3-286) is hereby
superceded.
III. Building Permits.
Developer and Guest Builders understand and agree that the
Ci5y may wi%hhold the issuance of building permits for the
Project, should the Developer be ~etermined by the City to be in
breech of any of %he terms of tkzs Firs~ Amendment and Original
~ of
Ag~__m~n~. ~ City shall provide the Developer of notice
such determination and -n~ t~e Developer with reasonable time
to cure said breach.
IV. Miscellaneous.
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or
pezTnitted by this Agreement or by !aw to be served on or
delivered no either party shall be in writing and shall be
deemed 5u!y served, delivered, and received when personally
delivere~ no the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in nhe U.S. mail, certified cr registered mail,
return receipt requested, first-class postage prepaid,
addressed no the address indicated in this Agreement. A
parny may change such adiress for the purpose of this
paragraph by giving written notice of such change to the
other parmy.
CiTY OF C}/3x~A VISTA
276 Four:h .Avenue
Chula Vista, CA. ~!910
Annn: Director~f Engineering
DEVELOPER:
Brookfield Shea Onay, LLC
Otay MF!, LLC
Otay R2/3, LLC
Ouay RT/10, LLC
12865 Pcinue Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: {858) 481-8500
Shea Homes Limited Partnership,
10721 Treena Street, Suite 200
San Diego, CA 92131
A par5y may change such address for the purpose of this
paragraph by giving written notice of such change to the
other p~rty in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for .... ~ 4 ~
.... ~,_n_enc~ of reference and do not define, ~escribe sr
limit ~he scope or intent of this Agreement or any of ius
terms.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
4
[PAGE ONE OF TWO SIGNATURE PAGES TO THE FIRST Ai~ENDFiENT TO TEE
SUP_PLEI~ENTAL SUBDIVISION IF~PRO%rEM~INT AGREEM]KNT FOR OTAY RANCH
VILLAGE EL~--v-EI~, CI-IDT_~%V!STA TR-~CT NO. 01-1!]
IN WITNESS ~rtIE~EOF, the parties hereto have caused this Agreement
to be executed the day 5nd year first hereinabove set forth.
Mayor
AtSest:
Susan Bigelow O
Ci5y Clerk
Approved as To form:
A_~ Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
5
[PAGE TWO OF TWO SIGNATURE PAGES TO THE FiEST .Z~E-kOME!fT TO THE
,~-~,,~M~N. .-.=P.~mM~NT PO-~ OTAY RANCH VILLAGE ELEVEN, CHULA VISTA
TRACT NO. 01-11]
DEVELOPERS / OWNERS
MF L-.=; OTAY R2
~Epu~, ~, ,'?,/LETM
· / ,
~r.D~,_~. IsLD SHEA OTAY, LLC, a California Limited Liabili=y Comeanv
5y: Brookfle!d Otay LLC,
~:~elaware Limited Liability Company, Member~H~N~.D~0]%~ By:
By: Shea O=ay village 11, a California Limited Liability
Company, Member
By: Shea Homes Limi5ed Partnership, a California LimiSed
Partnership, its Sole .w~e~aber -
LLC, a Delaware limitedliabilitycompan~ ~
~y: j.P. Shea Ccmpar~-~HC., a Nc-~-ada Cor_~crat~cn, its General
SHEA HOMES LIMITED PA_RTNERSHIP, a California Limited
Partnership, As owner:
~y: J.F. Shea LLC, a Delaware Limited Liability Company,
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
SS.
County of San Diego
On August 14, 2003, before me1 Colette Kavanagh, Notary Public,
personally appeared Stephen P. Doyle and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacity, and that by their signatures on the
instrument the persons, or the entity upon
~'. ~o_~c~ ~o~ behalf of which the persons acted, executed
~____~__~~~ the ins trume nt.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notar,/Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reatlachrnent of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right Thumbprint
of Signer
Signer's Name: Top o~umb h.,.
[] Individual
[] Corporate Officer-Title: Vice President
E] Partner-- F, Limited D General
[] Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ~
SS.
County of San Diego
On August 14, 2003, before me, Colette Kavanagh, Notary Public,
personally appeared Stephen P. Doyle and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacity, and that by their signatures on the
instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and re attachrnent of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:.
Signer(s) Other Than Named Above:
Capacity Claimed by Signer RighlThumbpfint
of Signer
Signefls Name: To. of thumb here
[] Individual
[] Corporate Officer-Title: Vice President
[] Partner--U Limited E}General
G Attomeyin Fact .
[] Trustee
[] Guardian or Conservator
[] Other:
Signer is Representing:
State of California )
) s.s.
County of San Diego )
On August 13, 2003 before me, Sarah A. Cordon, Notary Public, personally appeared Teri
Shusterman and John B. Vance 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 insmmaent the persons, or the entity upon
behalf of which the persons acted, executed the insmmaent.
WITNESS my hand and official seal. ~
State of California )
) S.S.
County of San Diego )
On August 13, 2003 before me, Sarah A. Cordon, Notary Pubhc, personally appeared Teri
Shusterman and John B. Vance 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 inslrument.
WITNESS my hand and official seal. F~'x- ~&~o~oo~ ~ ~
EXHIBIT "A"
PROPERTY DESCRIPTION
Lo%s 1 through 9 together with Lots A through J of Chu!a Vis5a
Trac% No. 0!-!!, Otay Ranch Village 11 "A" Map No. i in the Ci~'2'
of Chula Vista, County of .~an D~iego, State of California,
according ~o Map thereof No. /~ , Field in 5he Office cf
the County Recorder of San Diego County on ~-/~-0~, 2003 as
~__= No. Z~O~-~$~O~,- of Official Records
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE "A" MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
NO. 01-11, OTAY RANCH VILLAGE 11, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID SECOND AMENDMENT
WHEREAS, the tentative map, Chula Vista Tract No. 01-11, was approved on
October 23,2001, by Resolution 2001-364, and revised on May 27, 2003 by Resolution 2003-23 t;
and
WHEREAS, on March 4, 2003 by Resolution 2003-075, Council approved the
Supplemental Subdivision Improvement Agreement for the first "A" Map of Village I 1; and
WHEREAS, the First Amendment for said agreement was approved by Council on
July 8, 2003 by Resolution 2003-353 to allow building permits for the project but pending final
inspections of the Salt Creek Trunk Sewer construction; and
WHEREAS, the Second Amendment will allow developer to obtain 722 building
permits with a limit of final inspections to a maximum of 533 dwelling units; and
WHEREAS, it is staff' s opinion that the sewer system currently in place is sufficient
to provide sewer service for the 533 dwelling units with minor modifications to be installed by
developer; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the second amendment to the "A" Map Supplemental Subdivision Improvement
Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, a copy of which shall be kept
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said second amendment on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann I¢(o~gr~/,~'
Director of Engineering City Attorney
J:\attorney\reso\SSIA\A Map SSIA Amend2 CVT No. 01-11
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND '~VILL BE
FOP, zMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~A/nn Moore
City Attorney
Dated: 1t/26/03
SECOND AMENDMENT TO THE "A" MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT, CVT NO. 01-11 FOR OTAY RANCH VILLAGE 11
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
OR-603F
SECOND AMENDMENT TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT
FOR OTAY RANCH VILLAGE ELEVEN,
CHULA VISTA TP~ACT NO. 01-11
This second amendment to the Supplemental Subdivision
Improvement Agreement ("Original 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 second amendment to the Agreement, BROOKFIELD
SHEA OTAY, LLC, a California Limited Liability Corporation; Otay
MF1 LLC; OTAY R2/3 LLC; OTAY R7/10 LLC and Shea Homes Limited
Partnership (collectively referred to herein as "Developer,, or
"Owner"), with reference to the facts set forth below, which
recitals constitute a part of this second amendment to the
Original Agreement:
RECITALS
Ao This second amendment to the Original Agreement
concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached
hereto and incorporated herein ("Property"). The Property is
approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay
Ranch Village Eleven and is commonly known as Windingwalk. For
purposes of this second amendment to the Original 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.
1
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 01-11 ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of the
Property.
D. The City has adopted Resolution No. 2001-364
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
E. The City has adopted Resolution Number 2003-075
approving the "Supplemental Subdivision Improvement Agreement for
Otay Ranch Village Eleven, Chula Vista Tract number 01-11"
("Original Agreement" and is desirous of amending said Original
Agreement.
F. Council previously approved First ~tmendment to the
Supplemental Subdivision Improvement Agreement (Resolution Number
2003-353) which allowed the Developer to obtain building permits
but not the final inspection for units within the Project until
Salt Creek Trunk Sewer improvements where provided.
G. Developer and City believe that there is adequate
capacity in the existing Citywide sewer system to provide sewer
services for up to 533 dwelling units within the project prior to
the construction of the Salt Creek Trunk Sewer improvements.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree to delete
Section 43 of the Original Agreement and substitute in its place
and stead the following new Section 43.as set forth below:
I. 43. Condition No. 109 - (Salt Creek Sewer)-
In partial satisfaction of Condition No. 109 of the
Resolution, Developer agrees:
a. not to seek more than 722 building permits
for the Project, and;
b. not to seek final inspection for more than
533 dwelling units for the Project
until the Salt Creek Trunk Sewer Improvements have 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.
2
II. Previous Agreement-
Except as expressly p~0vided herein all other provisions of
the Original Agreement shall remain in full force and effect. It
is hereby agreed by the parties that the previously approved
First Amendment to the Original Agreement {resolution 2003-353)
is hereby superceded and is of no further force or effect.
III. 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 Second Amendment and Original
Agreement. The City shall provide the Developer of notice of
such determination and allow the Developer with reasonable time
to cure said breach.
IV. Miscellaneous-
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or
permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be
deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Engineering
DEVELOPER:
Brookfield Shea Otay, LLC
Otay MF1, LLC
Otay R2/3, LLC
Otay R7/10, LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
Shea Homes Limited Partnership,
10721 Treena Street, Suite 200
San Diego, CA 92131
3
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party in the manner provided in this paragraph.
b. Captions- Captions in this Agreement are inserted
for convenience of reference and do not define, describe or
limit the scope or intent of this Agreement or any of its
terms.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
4
[PAGE ONE OF TWO SIGNATURE PAGES TO THE SECOND AMEND~_/qT TO THE
SUPPT.~-MENTAL SUBDIVISION IMPROVEMENT AGRE~ENT FOR OTAY RANCH
VILLAGE ELEVEN, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
5
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SECOND P~MENDMENT TO THE
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA VISTA
TRACT NO. 01-11]
DEVELOPERS/OWNERS:
OTAY M%FkLLC; OAAY R2/3 LLC and OTAY R7/10 LLC.
Its:
BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Company
By: Brookfield Ot~y LLC,
a Deli?2 Limit/~ Liability Company, M~~
By: /~~ ~h '~ By:
Name~~,~L~) VP Name: &-. ~/, ¢,~/ ~ ~.
By: Shea Otay Village 11, a California Limited Liability
Company, Member
By: Shea Homes Limited Partnership, a California Limited
Partnership, its Sole Member
LLC, A Delaware limited ~iabi~ity company,
By: J.F. Shea ~~x~~x~~, its General
Pa t 9
Name:%~.~~.~. Name: ~C. ~S0%~
SNEA HOMES LIMITED PARTNERSHIP, a California Limited
Partnership, As owner:
By: J.F. Shea LLC, a, ~taware
its Gen~a~//~ Par~ Limited Liability Company,
6
(Attach Notary Acknowledgment)
EXHIBIT "A"
PROPERTY DESCRIPTION
Lots 1 through 9 together with Lots A through J of Chula Vista
Tract No. 01-11, Otay Ranch Village 11 "A" Map No. 1 in the City
of Chula Vista, County of San Diego, State of California,
according to Map thereof No. , Field in the Office of
the County Recorder of San Diego County on , 2003 as
File No. of Official Records.
8
State of California )
) S.S.
County of San Diego )
On November 20, 2003, before me, Elizabeth G. Blust, Notary Public, personally appeared
John B. Vance and Joseph C. Anfuso, personally known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same in their
authorized capacity, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
N~uglic'in~f~ounty and State
Description of Document: Second Amendment to the Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Eleven, Chula Vista Tract
No. 01-11
Executed in triplicate
- The Remainder of this Page is Blank -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of San Diego
On November 20, 2003, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
[ they executed the same in their authorized
[
capacity, and that by their signatures on the
Public- Celil~omia ~ instrument the persons, or the entity upon
sa~ Diego county ~ behalf of which the persons acted, executed
~~ the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature o1' Notary Public
OPTIONAL
Though the information below ia not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and re attachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer Right mhumbpd./
of Signer
Signer's Name: Topolth~Jmb here
[] Individual
Corporate Officer- Title: Vice President
Partner--[] Limited FI General
[] Attomeyin Fact
Trustee
[] Guardian or Conservator
[] Other:
Signer is Representing:
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 12109103
ITEM TITLE: Resolution Approving an agreement with the Cities of San Diego
and National City regarding the installation, sharing and maintenance of the
South Bay Traffic Signal Interconnect Project and appropriating $50,000 from
the available fund balunee of the General Fund and $50,000 from the available
fund balance of the Traffic Signal Fund to finance Chula Vista's portion of the
Project
SUBMITTED BY: Director ofEngineering~/
Director of Conservatio~f and Environmental Services
REVIEWED BY: City Manage~ (4/Sths Vote: Yes X No.._.)
Thc City of San Diego is completing a federally funded traffic signal communication and m0nagement
o'cct the"Southba Interc ' ' '
pr ,j , y onnectProject",whichextendsthroughallofChuiaVtsta. Theproject
includes the installation of Single Mode Fiber Optic (SMFO) cable trunk in an existing 1.5" conduit
under Fourth Avenue from the northerly City limits to Main Street and under Main Street westerly to
Broadway and finally it travels southerly under Broadway to the southerly City limits. The project
within Chula Vista' s limits, involves the pulfing of SMFO and the connections to all thc traffic signals
along said route. It also involves the construction of access points for potential future
telecommunications and Intemet connections to city facilities by the City.
RECOMMENDATION:
That Council approve resolution approving an agreement with the Cities of San Diego and National
City regarding the installation, sharing and maintenance of the South Bay Traffic Signal Interconnect
Project and appropriating $50,000 from the available fund balance oftbe General Fund and $50,000
from thc available fund balance oftbe Traffic Signal Fund to finance Chula Vista's portion of the
Project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background:
The South Bay Interconnect project is a partnership between the Cities of Chula Vista, San Diego and
National City, and SANDAG. The purpose of the project is to build a regional communication
network that ties all the traffic signals along a major transportation corridor that parallels Interstate-5.
The network will facilitate coordinated traffic management and communication to allow traffic to
flow more conveniently between the participating jurisdictions. The project involves the installation
Page 2, Item ~
Meeting Date !2/09/03
of SMFO cable in the existing 1.5" conduit. The conduit in Chula Vista was installed by Global
Crossing and dedicated to the City at no cost as part ora negotiated agreement for their use of the
right-of-way. The project limits start in San Diego and extend south through National City and Chula
Vista to South San Diego. The northerly end of the conduit and SMFO wilt begin within the City of
S.an Diego at the imersection of 30th and Broadway and pass through National City and Chula Vista
ma Roosevelt Street, Eighth Avenue, Highland Avenue, Fourth Avenue, Main Street and Beyer
Boulevard, and end within the City of San Diego at the intersection of Coronado Avenue and Beyer
Boulevard. Improved communications between the participating agencies along a major
transportation corridor that parallels 1-5 will make it easier to use such corridor in case of emergency.
The project's original scope within Chula Vista's limits involved the pulling of 96 fibers in the 1.5"
conduit (36 were specified for Chula Vista's use in the traffic signal system) and the construction of
access points for future connections by Chula Vista. Staffworked with SANDAG and the City of
San Diego to expand the scope of the project in order to provide connections to all the traffic signals
along the route and also to maximize the number of fibers designated for City use. SANDAG and the
City of San Diego agreed that installation of fibers should be extended to all the 19 traffic signal
controllers along the route. SANDAG also authorized the City of Chula Vista to use federal funds to
cover the cost of the design and construction associated with the traffic signals. Staff informally
advertised the design phase, received four proposals and awarded the project to Kimley Horn and
Associates (KHA) for $28,000. KHA is also the design consultant on the overall project.
Fiber Optics Master Plan:
Staffrealized that an opportunity existed to lay the foundation for a fiber optic network that could
reduce the City's costs and enhance City communications between City facilities as well as enhance
traffic management options and improve the reliability of the traffic management system. The City
asked. KHA to develop a master plan that utilizes Fourth Avenue as the backbone of the network and
a major transmission route that serves the future east and west branch lines in the City. Meetings
were held with KHA and City stafffrom the Manager's Office, Engineering, MIS, Fire, Library, and
Police Departments to discuss the design project and to make sure that the master plan includes the
routes that will serve current and planned public buildings and facilities. As a result staff decided to
increase the total number of SMFO fibers fi.om 96 to 288 where 228 fibers will be designated for
Chula Vista's use. KHA confirmed the technical feasibility of the upgrade and estimated a price
difference of approximately $100,000 for that purpose. The estimate includes Staff's request for the
installation of stub-outs to all City facilities along this mute. Since the federalfimds are associated
with the traffic signal system, the cost of the design and construction work associated with non-
transportation facilities will be borne by the City of Chula Vista.
The fiber optics communication system will be the backbone of a traffic management system that will
allow multiple routing options and maintain the integrity and continued operation of the remaining
system if one signal connection goes down. Adequate fiber count will allow the City to add video and
other services to the traffic management system if the City chooses those options in the future. It will
also provide adequate capacity to meet the voice and data needs between City facilities that will
Page 3, Item ~
Meeting Date 12/09/03
eventually eliminate expensive monthly charges between thcilities. By pnllirlg the l~ximum number
of filx-rs in the conduit now we avoid the cost of future trenching to place additional conduit to
provide this level of reliability and program options in the future.
Staff will incorporate the installation of empty conduit in all future CIP road projects along the Fiber
Optics Master Plan mute. Adding conduit during the regularly scheduled CIP process will maximiTe
the potemial savings and benefits of the fiber optic sy~em while reducing the cost and service impacts
to streets.
A~reement with San Diego and National City_:
The agreement is made and entered into between three participating agencies, the City of San Diego,
the City of National City, and the City of Chuia Vista for the South Bay Traffic Signal Interconnect
project. The agreement sets forth the responsibilities of the participating agencies for installing,
sharing, and maintaining fiber optic cable within each participating agency's jurisdiction for the
purpose of communication and traffic signal intcgratiom
The following is a summary of key contract terms:
1. The purpose of the project is to build a regional communication network that ties all the
traffic signals along a major transportation corridor that parallels Interstate-5. The
network will facilitate coordinated traffic management and communication to allow traffic
to flow more conveniently between the participating jurisdictions. The project involves
the installation of SMFO cable in the existing 1.5" conduit. The conduit in Chula Vista
was installed by Global Crossing and dedicated to the City at no cost as part of a
negotiated agreement for their use of the right-of-way. Thc project limits start in San
Diego and extend south through National City and Chula Vista to South San Diego. The
northerly end of the conduit and SMFO will begin within thc City of San Diego at the
intersection of 30th and Broadway and pass through National City and Chula Vista via
Roosevelt Street, Eighth Avenue, Highland Avenue, Fourth Avenue, Main Street and
Beyer Boulevard, and end within the City of San Diego at the intersection of Coronado
Avenue and Beyer Boulevard. Improved communications betwecn the participating
agencies along a major transportation corridor that parallels I-$ will make it easier to use
such corridor in case of emergency.
2. Project funding: the Participating Agencies collectively applied for a Congestion
Mitigation Air Quality [CMAQ] federal and the City of San Diego accepted said Grant on
behalf of the Participating Agencies in the amount ors 1,411,000 and has applied and was
approved for a Program Supplement in the amount of $300,000. If Project costs exceed
identified funding, the City of San Diego has agreed to pursue additional grant funding
sources. If additional grant funding cannot be obtained, the participating cities shallshare
equally in any cost overruns.
3. San Diego is responsible for bidding, awarding and overseeing implementation of the
Project in accordance with specifications and contract documents approved by Chula
Page 4, Item ¢
Meeting Date 12/09/03
Vista and National City.
4. Chula Vista and National City shall be designated as third party beneficiaries of the
Project construction contract and performance bonds. San Diego shall also endeavor to
have the cities identified as additional insured parties under the contractors required
insurance policies.
5. Chula Vista and National City shall each have the right to inspect and test the work
installed in their respective jurisdictions prior to acceptance.
6. A total of 288 fibers shall be installed in Chula Vista's segment of the conduit. 228 of
these shall be owned by Chela Vista and available for Chula Vista's exclusive use. The
remaining 60 fibers shag be allocated as follows: 12 fibers are reserved for use by the City
of San Diego, 24 fibers are reserved for use by the Metropolitan Wastewater District, 12
fibers are reserved for center-to-center connectivity and 12 spare fibers to be shared
equally by the participating agencies. San Diego's fibers in Chula Vista must be used for
public purposes unless otherwise approved by Chula Vista.
7. San Diego shall oversee maintenance and repair of the Project's "main trunk".
Maintenance and repair costs not covered by warranty shall be subject to reimbursement
fi:om the city where the repair problem arose based upon a formula tied to the host city's
share of exclusive use fibers. Under this approach Chula Vista's share for non-warranty
repairs in Chula Vista would be 82.6%; however, Chula Vista bears 0% of repair costs
incurred outside of Chula Vista.
8. Each city is respous~le for maintaining and repairing its own "branch" lines within its
jurisdiction.
FISCAL IMPACT: Approval of the resolution wilt authorize the appropriation of $50,000 fi:om
the available fund balance of the General Fund and $50,000 from the available fund balance of the
Traffic Signal Fund. The funds will be placed into account # 13790-6401 for payment to the City of
San Diego to finance Chula Vista's portion of the South Bay Traffic Signal Interconnect Project.
Attachment: Copy of Proposed Agreement
J:~ngineer'u~GENDA~Fiber Optics Project. SMN.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA APPROVING AN AGREEMENT WITH THE CITIES OF
SAN DIEGO AND NATIONAL CITY REGARDING THE
INSTALLATION, SHARING AND MAINTENANCE OF THE
SOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT
AND APPROPRIATING $50,000 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND AND $50,000 FROM THE
AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL
FUND TO FINANCE CHULA VISTA'S PORTION OF THE
PROJECT
WHEREAS, the City of San Diego is completing a federally funded traffic signal
communication and management project, the "South Bay Interconnect Project," which extends
through all of Chula Vista; and
WHEREAS, the South Bay Interconnect Project is a partnership between the Cities of
Chula Vista, San Diego and National city, and SANDAG; and
WHEREAS, the purpose of the project is to build a regional communication network
that ties all the traffic signals along a major transportation corridor that parallels Interstate 5; and
WHEREAS, the South Bay Interconnect Project includes the installation of Single
Mode Fiber Optic (SMFO) cable trunk in an existing 1.5" conduit under Fourth Avenue from the
northerly City limits to Main Street and under Main Street westerly to Broadway and finally it travels
southerly under Broadway to the southerly City limits; and
WHEREAS, the project within Chula Vista's limits, involves the pulling of the
SMFO cable trunk and the connections to all the traffic signals along said route; and
WHEREAS, this project further involves the construction of access points for future
connections to the city facilities by the City; and
WHEREAS, staff has worked with the City of San Diego to expand the scope of the
project in order to provide connections to the traffic signals along the route and also to maximize the
number of fibers designated for City use; and
WHEREAS, the parties have negotiated an agreement that provides for the
installation, maintenance and operation of the project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve an agreement with the Cities of San Diego and National City regarding the
installation, sharing and maintenance of the South Bay Traffic Signal Interconnect Project in the
form presented and appropriates $i00,000 $50,000 from the available fund balance of the General
Fund and $50,000 from the fund balance of the Traffic Signal Fund) to be placed into account
#13790-6401 for payment to the City of San Diego to finance Chula Vista's portion of the Project.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is
hereby authorized to execute the South Bay Traffic Signal Interconnect Project agreement on behalf
of the City of Chula Vista in a final form approved by the City Attorney, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that staff is authorized and directed to take any and
all reasonable and necessary steps to implement the Project agreement.
Presented by Approved as to form by
Clifford Swanson n~r~e~ ~
Director o f Engineering C~ey ~ [,.~
J:\attorney\reso~street\SB Traffic Signal Fund
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTOP, zNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann ~oo(e , /'k
Dated: 12/3/o3
AGREEMENT WITH THE CITIES OF SAN DIEGO AND NATIONAL CITY
REGARDING THE INSTALLATION, SHARING AND MAINTENANCE OF
THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT
SOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT
FIBER OPTIC CABLE INSTALLATION, SHARING, AND MAINTENANCE
AGREEMENT
BETWEEN THE
THE CITY OF SAN DIEGO
AND
NATIONAL CITY
AND
THE CITY OF CHULA VISTA
Page 1 of 13
AGREEMENT BETWEEN
T}I~ CITY OF SAN DIEGO
AND NATIONAL CITY AND TiCll*~ CITY OF CHULA VISTA
THIS Agreement is made and entered into between the City of San Diego, National City,
and the City of Chula Vista [individually referred to herein as Participating Agency or
collectively referred to herein as Participating Agencies] for the South Bay Traffic Signal
Interconnect Project [Project].
RECITALS
A. Whereas, this Agreement sets forth the responsibilities of the Participating Agencies for
installing, sharing, and maintaining fiber optic cable within each Participating Agency's
jurisdiction for the purpose of communication and traffic signal integration; and
B. Whereas, Global Crossing Telecommunications, Inc., installed and provided one 1 ~/~
inch fiber optic conduit [Conduit] at no cost to the Participating Agencies, subject to the
terms and conditions of a letter agreement dated January 26, 2001, which is attached
hereto and incorporated by reference to this Agreement as Exhibit "A;" and
C. Whereas, each Participating Agency owns the length of Conduit installed by Globai
Crossing Telecommunications, Inc. within each Participating Agency's respective
jurisdiction; and
D. Whereas, for the purpose of obtaining funding for the installation of fiber optic cable in
the Conduit, the Participating Agencies collectively applied for a Congestion Mitigation
Air Quality [CMAQ] grant [hereinafter Grant] and the City of San Diego accepted said
Grant on behaif of the Participating Agencies in the amount of$1,411,000 and has
applied for a Program Supplement in the amount of $300,000; and
E. Whereas, pursuant to Program Supplement No. M017 [Program Supplement] and the
Master Agreement, Administering Agency - State Agreement for State Funded Projects
[Master Agreement], which are attached hereto and incorporated by reference to this
Agreement as Exhibits "B" and "C," respectively, the City of San Diego is the
Administering Agency for the Project; and
F. Whereas, in conformance with the Grant, the Project entails the installation cfa fiber
optic cable [Fiber Optic Cable] within the Conduit in accordance with the City of San
Diego's Plans and Specifications Drawing Number 31514D; and
Page 2 of 13
G. Whereas, in conformance with the Master Agreement and Program Supplement, the City
of San Diego shall let and administer the public works contract for installation of the
Fiber Optic Cable; and
H. Whereas, each Participating Agency has approved the Plans and Specifications and
contract documents [the Contract] for installation of the Fiber Optic Cable and the City of
Chula Vista and National City shall be specifically designated as third party beneficiaries
of the Contract; and
I. Whereas, each Participating Agency will be allocated a certain number of fibers within
the Fiber Optic Cable for the exclusive use of each Participating Agency in accordance
with the Plans and Specifications and this Agreement; and
J. Whereas, the City of Chula Vista desires the installation of 192 additional fibers within
the portion of Conduit located within the City of Chula Vista's boundaries, for the City of
Chula Vista's exclusive use, to be installed under the Contract, subject to the terms of this
Agreement;
K. Whereas, each Participating Agency agrees to comply with the terms and conditions of
this Agreement.
TERMS AND CONDITIONS
1. Effective Date. This Agreement shall be come effective upon execution of this
Agreement by the authorized representatives of all of the Participating Agencies.
2. Proieet Boundaries. The northerly end of the Conduit and Fiber Optic Cable will
begin within the City of San Diego at the intersection of 30th and Broadway, pass
through National City and Chula Vista via Roosevelt Street, Eighth Avenue, Highland
Avenue, Fourth Avenue, Main Street and Beyer Boulevard, and end within the City of
San Diego at the intersection of Coronado Avenue and Beyer Boulevard, in accordance
with Location Map hereto attached and incorporated by reference as Exhibit "D.'
3. Pro.ieet Scope. The Project scope shall entail installation of the Fiber Optic Cable
and associated components within the existing Conduit, in accordance with the Plans
and Specifications that are incorporated herein by reference. The City of San Diego
agrees to act as the Administering Agency for the Project. The City of Chula Vista and
National City each agree to cooperate with implementing of the Project including,
without limitation, providing adequate and timely access to the right of way within
their respective jutisdictions.
a. Partiei~atlnt~ Agency Approval of Pro.ieet Scope. By execution of this
Agreement, each Participating Agency signifies approval of the Project Plans and
Page 3 of 13
Specifications. The Plans and Specifications are available from the City of San
Diego, Development Services Department, Maps and Records Division, reference
Drawing Number 31514D.
b. Additional Fiber Optic Cable for the City of Chula Vis~ By the
execution of this Agreement, the City of San Diego shall include within the
Project scope the installation of 192 additional fibers within the portion of
Conduit located within the City of Chula Vista for the City of Chula Vista's
exclusive use [Additional Fibers]. In consideration for thc Additional Fibers, the
City of Chula Vista shall pay the City of San Diego for thc difference in the
Contract cost between the furnishment and installation a 288 fiber cable versus a
96 fiber cable of thc same length, based upon accepted unit bid prices. The City
of Chula Vista shall pay for the Additional Fibers within ten days of the execution
of the Agreement by all parties hereto.
c. Particioating Atency Approval of Contract Doenments. By execution
of this Agreement, each Participating Agency signifies approval of thc Contract
documents, and all of the terms and conditions therein. The Contract documents
are available from the City of San Diego, Transportation and Drainage Design
Division. The Contract documents shall indicate that the Project shall be
implemented from north to south. Prior to approving any material Contract
modifications or addendum before award of the Contract, the City of San Diego
shall obtain the other Participating Agencies' written approval of those deviations
or addendum, and such approval shall not be unreasonably withheld or delayed.
d. Particioatin~ Agency Desi~nntion as Third Party Benefielnries of the
Contract. The City of Chula Vista and National City, and their respective elected
officials, officers, employees, agents and representatives, shall be specifically
designated as third party beneficiaries of (i) the Contract (including Contractor's
indemnity obligations thereunder) and (ii) the bonds posted by the contractor
securing its performance under the Contract. Furthermore, the City of San Diego
shall endeavor to obtain designation of thc other Participating Agencies as named
additional insureds under the contractor insurance policies required under thc
Contract.
e. Change Orders. The City of San Diego shall pay for all Change Orders
necessary to complete the Project, including Change Orders arising from
unanticipated field conditions, subject to the following limitations:
i. The City of San Diego shall not be responsible to pay for any
Change Order that exceeds the grant money received by the City
for the Project;
Page 4 of 13
ii. In the event that a Change Order exceeds the grant money received
by the City of San Diego for the project, the City of San Diego
shall make a good faith effort to apply for and obtain additional
state or federal grant funding, if available, to pay for such costs;
iii. In the event that additional federal or state grant funding is not
available to pay for any Change Order that exceeds the grant
money received by the City of San Diego for the Project, the
Participating Agencies shall each pay one 1/3 of the Change Order
cost that is not covered by the grant money received by the City of
San Diego for the Project; provided, however, that each
Participating Agency shall have a duty to pay for any increases in
Contract cost, including those resulting fi'om delay claims, that are
directly or indirectly attributable to its negligent acts or omissions,
or a violation of any obligations arising under the agreement,
including the failure to provide right of way access in a timely
manrler.
iv. All Change Orders necessary to complete the Project shall be
approved and authorized solely by the City of San Diego as the
Administering Agency. In the event that an increase in Contract
cost is attributable to the negligent acts or omissions, or a violation
of any obligations arising under the agreement, of any other
Participating Agency, that Participating Agency shall take all
actions necessary to mitigate such increase, including timely
payment of said increase to the City of San Diego so that the City
of San Diego may pay its Contractor in accordance with the
payment terms of the Contract.
v. The City of San Diego shall notify each of the Other Participating
Agencies in the event of a proposed Change Order as soon as
reasonably possible.
vi. Each Participating Agency shall have the right to audit and review
all contract documents and any doeumentatinn provided by the
City of San Diego's contractor in support of a Change order.
4. Final Acceptance of Work. Pr/or to accepting any work within another Participating
Agency's jurisdiction, the City of San Diego shall first obtain from that Participating
Agency approval of the work and any system tests required by the Contract
documents, and such approval shall not be unreasonably withheld or delayed.
5. Rights to Use Fiber Optic Cable. The Plans and Specifications specifically
Page 5 of 13
designate portions of the Fiber Optic Cable for common use, spares, and exclusive
use within each Participating Agency's jurisdiction. By executing this Agreement,
each Participating Agency agrees, as follows:
a. That the Fiber Optic Cable shall be used in accordance with the Plans and
Specifications; and
b. Each Participating Agency shall own the Conduit within its jurisdiction and
shall own its exclusive use fibers within the Conduit no matter where
located. Exclusive use fibers located within another jurisdiction's Conduit
shall not be assignable or dedicated to private uses without the prior
written approval of the host Participating Agency.
c. That each Participating Agency shall have the right, by irrevocable license
granted pursuant to this Agreement, to use to the other Participating
Agencies' Conduit to maintain the Fiber Optic Cable installed pursuant to
this Agreement;
d. That each Participating Agency has the right and authority to modify or
redirect any fibers or connectors allocated for its exclusive use within its
own jurisdiction, without the consent of the other Participating Agencies,
as long as such modification or redirection will not have any adverse
impact, whether direct or indirect, on the other Participating Agencies'
exclusive or common use of the Fiber Optic Cable or the Conduit.
e. The Plans and Specifications allocate twelve fibers within the Fiber Optic
Cable for future, spare use [Spare Fibers]. Each of the Participating
Agency's shall have exclusive rights to four of the Spare Fibers; provided,
however, that the Participating Agencies shall agree to negotiate in good
faith for joint or exclusive use of the Spare Fibers whenever a Participating
Agency desires to place the Spare Fibers into service.
6. Payment of Fees. There will be no payable monthly rental fee by any of the
Participating Agencies for use of the Conduit or Fiber Optic Cable for public
purposes.
7. Maintenance~ Repair~ or Replacement of the Fiber Optic Cable/Conduit. In the
event that thc Fiber Optic Cable/Conduit, requires maintenance, repair, or
replacement [collectively referred to hercin as Maintenance], thc City of San Diego
shall have thc duty to undertake such Maintenance of the Fiber Optic
Cable/Conduit in a timely and reasonable manner, subject to the following
conditions:
Page 6 of 13
a. The City of San Diego shall have the authority to determine the nature and
extent of the Maintenance required, subject to the prior cement of the
other Participating Agencies, which said consent shall not be unreasonably
withheld or delayed; provided, however, that the City of San Diego shall
have the sole authority to supervise and direct the Maintenance work.
b. Except to the extent covered by warranty under the Contract, the City of
San Diego shall not be responsible in any manner for the Maintenance of
branching connections, which shall be defined as branch fiber optic cables
spliced onto the Fiber Optic Cable, including the splice itself, and all
equipment attached and/or associated with the branch fiber optic cables
[collectively referenced as Branching Connections].
c. Each Participating Agency shall have a duty to notify the City of San
Diego of any event within its own jurisdiction that has or may
detrimentally impact or affect the Fiber Optic Cable/Conduit. The notice
shall be given in a timely and reasonable manner so as to mitigate the e
extent of Maintenance required.
d. Each Participating Agency shall have a duty, to a reasonable extent, to
mitigate conditions detrimentally impacting the Fiber Optic Cable/Conduit
within its own jurisdiction, including the provision of fight of way access.
e. Each of the other Participating Agencies shall reimburse the City of San
Diego for Maintenance costs expended by the City of San Diego within
each Participating Agency's jurisdiction, not covered by the warranty of
the Contract, according to the following contribution formula:
Participating Agency (PA) Contribution = the # of fibers of PA exclusive use in PA Jurisdiction
Total # fibers in PA Jurisdiction excluding Fibers
Designated for Future Interagency Communications 1
f. The City of San Diego's duty to provide Maintenance shall not apply when
the Maintenance required is directly or indirectly attributable to the acts or
omissions of any other Participating Agency. In the event that
Maintenance is required as a result of the acts or omissions of any other
Participating Agency, that Agency shall undertake and pay for the
Maintenance in a timely and reasonable manner, subject to the prior
1 As of the date of this agreement, there are 12 fibers designated for Future lnteragency Communications; Chula
Vista's contribution is, therefore, 228/276 = 82.6 % for Maintenance in Chula Vista and National City's contribution
is 36/84 -~ 42.6% for Maintenance in National City. It is understood and agreed to by the Participating Agencies
that the allocation formula may be adjusted depending upon the re-allocation of fibers designated for Future
Interagency Communications.
Page 7 of 13
consent of the other Participating Agencies, which said consent shall not
be ur~reasonable withheld or delayed.
g. In the event of an emergency requiring an immediate repair of the Fiber
Optic Cable/Conduit system, each Participating Agency reserves the right
to make repairs to the Fiber Optic Cable/Conduit within its own
jurisdietinn, and to obtain reimbursement fi:om the other Participating
Agencies for valid costs incurred, if any is due and payable, in accordance
with the reimbursement formula set forth above.
8. Right of Entry. By executing this Agreement, each Participating Agency
authorizes the City of San Diego and its contractor(s) and subcontractor(s)
associated with the Project to enter upon each Participating Agency's right of way
and/or property for the purpose of implementing this Agreement and the Contract,
without payment of right of way fees. The City of San Diego shall require its
contractor for the Project to comply with each Participating Agency's right of
entry requirements, excluding payment of fees; provided, however, that said
requirements shall be presented to the City of San Diego, in writing, before the
publication of any Contract documents for award of the Project.
9. Indemnification of Waiver and Release of Clalmn .&~alnat Admlni.~terlno
Agency. The City of Chula Vista and National City [Participating Agencies] agree
to defend, indemnify, protect, and hold the waive and release any claims against
the City of San Diego, its agents, officers, and employees harmless fi:om and
.again. st any and all claims asserted or for liability established for damages or
lnjttrles to any person or property, including injury to any other Participating
Agencies' employees, agents, or officers, which arise out of or are in any manner
directly or indirectly or indirectly connected with the City's role as Administering
Agency of the Project; provided, however, that the other Participating Agencies'
duty to inden~fy and hold harmless this waiver and release of claims shall not
include any claims or liability arising fi:om the established active negligence, sole
negligence, or sole willful misconduct of the City of San Diego, its agents,
officers, or employees.
10. Indemnification for Acts or Omi~nions of any Participating Al~ene~r. Each
Participating Agency [Indernnitor] shall defend, indemnify, protect, and hold the
other Participating Agencies, their respective agents, officers, and employees
[collectively referenced as Indemnitees], harmless fi:om and against any and all
claims asserted or liability established for damages or injuries to any person or
property, including injury to any Indemnitee, which arise out of or are in any
manner directly or indirectly connected with the acts or omissions of the
Indemnitor pertaining to the installation, use, or Maintenance of the Fiber Optic
Cable, Conduit, and Branching Connectors; provided, however, that the duty to
Page 8 of 13
indemnify and hold harmless shall not include any claims or liability arising from
the established active negligence, sole negligence, or sole willful misconduct of
any Indemnitee, and their respective agents, officers, or employees.
11. Jurisd/etion~ Venue~ and Attorney Fees. The venue for any suit or proceeding
concerning th/s Agreement, thc interpretation or application of any of its terms, or
any related disputes shall be in the County of San Diego, State of California.
The prevailing party in any such suit or proceeding shall bc entitled to a
reasonable award of attorney fees in addition to any other award made in such suit
or proceeding.
12. Mandatory Assistance. If a third party dispute or litigation, or both, arises out of,
or relates in any way to this Agreement, each Participating Agency agrees to
assist the Other Participating Agencies in resolving the dispute or litigation.
Assistance includes, but is not limited to, providing professional consultations,
attending mediations, arbitrations, depositions, trials or any event related to the
dispute resolution and/or litigation.
a. Compensation for Mandatory, Assistance_ Thc Participating
Agency directly involved in a third party dispute or litigation shall
compensate the Other Participating Agencies for fees incurred for
providing Mandatory Assistance, unless thc fees incurred for thc
Mandatory Assistance arc determined, through resolution of the
third party dispute or litigation, or both, to be attributable in whole,
or in part, to the acts or omissions of thc Participating Agency
providing the Mandatory Assistance, in which case the
Participating Agency who paid fees shall be entitled to
reimbursement of all fees paid for Mandatory Assistance.
13. Mandatory Non-binding Mediation. If a dispute arises out of, or relates to this
Agreement, or the breach thereof, and if said dispute cannot be settled through
normal contract negotiations, the disputing Participating Agencies agree to settle
the dispute in an amicable manner, using mandatory mediation under the
Construction Industry Mediation Rules of the American Arbitration Association
[AAA] or any other neutral organization agreed upon before having recourse
in a court of law.
Page 9 of 13
a. Mandatory. Mediation Cos~- The expenses of witnesses for
either side shall be paid by the Participating Agencies producing
such witnesses. All other expenses of the mediation, including
required traveling and other expenses of the mediator [Mediator],
and the cost of any proofs or expert advice pmducod at the direct
request of the Mediator, shall be borne equally by the Participating
Agencies, unless they agree otherwise.
b. Selection of Mediator. A single Mediator that is acceptable to the
disputing Participating Agencies shall be used to mediate the
dispute. The Mediator will be knowledgeable in construction
aspects and may be selected from lists furnished by the AAA or
any other agreed upon Mediator. To initiate mediation, the
initiating Participating Agency (ies) shall serve a Request for
Mediation on the opposing Participating Agency (les). If the
Mediator is selected fi.om a list provided by AAA, the initiating
Participating Agency (ies) shall concurrently file with AAA a
"Request for Mediation" along with the appropriate fees, a list of
three requested Mediators marked in preference order, and a
preference for available dates.
c. If AAA is selected to coordinate the mediation [Administrator],
within ten working days fi.om the receipt of the initiating
Participating Agency's (ies') Request for Mediation, the opposing
Participating Agency (ies) shall file the following: a list of
preferred Mediators listed in preference order after striking any
Mediators to which they have any factual objection, and a
preference for available dates. If the opposing Participating Agency
(les) strikes all of initiating Participating Agency's preferred
Mediators, opposing Participating Agency (ies) shall submit a list
of three preferred Mediators listed in preference order to initiating
Participating Agency and Administrator. Initiating Participating
Agency (ies) shall file a list of preferred Mediators listed in
preference order, after striking any Mediator to which they have
any factual objection. This process shall continue until all disputing
Participating Agencies have agreed upon a Mediator.
Page 10 of 13
i. The Administrator.will appoint or the Participating Agencies shall agree
upon the highest, mutually preferred Mediator fi:om the individual
Participating Agencies' lists who is available to serve within the
designated time flame.
ii. If the Participating Agencies agree not to use AAA, then a Mediator, date,
and place for the mediation shall be agreed upon.
14. Integration. This Agreement and the exhibits and references incorporated into
this Agreement fully express all understandings of the Participating Agencies
concerning the matters covered in this Agreement. No change, alteration, or
modification of the terms or conditions of this Agreement, and no verbal
understanding of the Participating Agencies, their officers, agents, or employees
shall be valid unless made in the form of a written change agreed to in writing by
all of the Participating Agencies. All prior negotiations and agreements are
merged into this Agreement.
15. .C. ounterparts. This Agreement may be executed in counterparts, which when
taken together shall constitute a single signed original as though all Participating
Agencies had executed the same page.
16. No Waiver. No failure of any Participating Agency to insist upon the strict
performance by the other of any covenant, term, or condition of this Agreement,
nor any failure to exercise any right or remedy consequent upon a breach of any
covenant, term, or condition of this Agreement, shall constitute a waiver of any
such breach of such covenant, term, or condition. No waiver of any breach shall
affect or alter this Agreement, and each and every covenant, condition, and term
hereof shall continue in full force and effect to any existing or subsequent breach.
17. Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenfureeable,
invalid, or illegal.
18. Draftin~ Each Participating Agency agrees that it is aware of the
right to be advised by counsel with respect to the negotiations, terms, and
conditions of this Agreement, and the decision of whether to seek advice of
counsel with respect to this Agreement is a decision which is the sole
responsibility of each Participating Agency. This Agreement shall not be
construed in favor of or against any Participating Agency by reason of the extent
to which that Participating Agency contributed to or participated in the drafting of
the Agreement.
Page 11 of 13
19. ~Authoritv. The representative for each Participating Agency hereby
declares that proper authority has been obtained to sign on behalf of the
Participating Agency and each representative agrees to hold the Other
Participating Agencies harmless if it is later determined that such authority does
not exist.
20. Duration of Allreement The Agreement shall remain in force until such time as
all of the Participating Agencies concur that the Agreement should be terminated
or modified.
21. No Third Party Beneficiaries. There shall be no third party beneficiaries to the
terms of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the Participating Agencies, as
follows:
CITY OF SAN DIEGO
Dated: By:
Name:
Title: Engineering & Capital Projects Director
APPROVED AS TO FORM AND LEGALITY: CASEY GWINN, CITY ATTORNEY
Date: By:
Susan Y. Cola
Deputy City Attorney
CITY OF CHULA VISTA
Dated: By:
David D. Rowlands
City Manager
APPROVED AS TO FORM AND LEGALITY: ANN Y. MOORE, CITY ATTORNEY
By:.
Glen R. Googins
Senior Assistant City Attorney
Page 12 of 13
CITY OF NATIONAL CITY
Dated: By:
Name:
Title:
APPROVED AS TO FORM AND LEGALITY: GEORGE H. EISER, III, CITY ATTORNEY
By:
Name:
Deputy City Attorney
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 13 of 13
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 12/09/03
ITEM TITLE: Resolution Approving an Amendment and One-Year Extension of
the Agreements Between (a) the City of Chula Vista and MACTEC
(previously Law Crandall, a Division of Law Engineering and
Environmental Services, Inc.) and (b) the City of Chula Vista and Testing
Engineers-San Diego, Inc. for Providing Consulting Services for Materials
Testing, Geotechnical, and Storm Water Monitoring Required for Various
Capital Improvement Program (CIP) Projects during their Design and
Construction Phases and authorizing the Mayor to Execute Amendments
and Extensions to said Agreements on Behalf of the City
SUBMITTED BY: Director of Engineeringt~
REVIEWED BY: City Manager~) (4/Sths Vote: Yes No X~)
On April 23, 2002, the City Council adopted Resolution No. 2002-122 approving agreements
with (a) Law Crandall, a Division of Law Engineering and Environmental Services, Inc.
(subsequently changed to MACTEC) and (b) Testing Engineers-San Diego, Inc. for materials
testing, geotechnical, and storm water consulting services required for various Capital
Improvement Program (CIP) projects from April 1, 2002 to December 31, 2003. Each of the
agreements includes provisions giving the City the option to extend the original agreements for
up to two additional one-year terms. Both MACTEC and Testing Engineers-San Diego, Inc.
have indicated that they are willing to extend their respective agreements for one additional year
(January 1, 2004 through December 31, 2004) with no increase in rates. Staff recommends that
the City exercise said option based upon said consultants' satisfactory performances.
RECOMMENDATION: That City Council Adopt the Resolution Approving an Amendment
and One-Year Extension of the Agreements Between (a) the City of Chula Vista and MACTEC
(previously Law Crandall, a Division of Law Engineering and Environmental Services, Inc.) and
(b) the City of Chula Vista and Testing Engineers-San Diego, Inc. for Providing Consulting
Services for Materials Testing, Geotechnical, and Storm Water Monitoring Required for Various
Capital Improvement Program (CIP) Projects during their Design and Construction Phases and
authorizing the Mayor to Execute Amendments and Extensions to said Agreements on Behalf of
the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The construction of public works infrastructure improvements requires the use of quality
materials to assure their longevity and usefulness. In order to verify that materials used in City
construction pro.~ects meet the City's specifications, we obtain certifications from manufacturers
and material suppliers and require supplemental testing on a project-by-project basis.
7-/
Page 2, Item '7
Meeting Date 12/9/03
The City does not have the staffor the equipment to perform this highly specialized material and
soil testing and storm water monitoring in-house and it is more practical and feasible to hire a
consultant on an as-needed, on-call basis for this work. The services currently provided by
MACTEC and Testing Engineers-San Diego, Inc. have been performed on a contract basis by
various consultants for the last thirteen years and have increased the City's ability to assure that
quality materials are used in capital improvement projects.
Each of the agreements with MACTEC and Testing Engineers-San Diego, Inc. includes
provisions giving the City the option to extend the original agreements for up to two additional
years upon mutual agreement between the City and the Consultants. MACTEC and Testing
Engineers-San Diego, Inc. have expressed a desire to extend their respective agreements for one
year in accordance with said provision with no increase in rates.
As awarded by Resolution No. 2002-212, each contract was established at a maximum
compensation amount of $750,000. To date, the total cost of services for each contract has
amounted to about $350,000. Therefore, there is no need to increase the maximum
compensation amount for either consultant for the proposed one-year contract extensions.
Staff is satisfied with MACTEC and Testing Engineers-San Diego, Inc. and recommends
approval of an amendment and a one-year extension to the existing agreements from January 1,
2004 through December 31, 2004, with no increase in maximum compensation amounts.
FISCAL IMPACT: The estimated maximum cost of the existing agreements with MACTEC
and Testing Engineers-San Diego, Inc. is $750,000 for each consultant from inception (April
2002) through December 31, 2004. Funding for material testing, geotechnical, and storm water
monitoring consulting services are obtained from approved Capital Improvement Program (CIP)
funds, and, to a smaller degree, from developer fees. There will be no net cost to the City's
General Fund.
Attachments: A - Res. No. 2002-122 - Approving Law Crandall & Testing Engineers-San Diego, Inc. Agreements
B - First Amendment and Extension of Agreement for MACTEC (formerly Law Crandall)
C - First Amendment and Extension of Agreement for Testing Engineers-San Diego, Inc.
J:\Engineer~AGENDA\MACTEC & TESD Extensions.l 13.doc
~ TTACHME~qT ,'~...~
RESOLUTION NO. 2002-122'
RESOLUTION OF THE ~ COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGRh-~MENTS WITH LAW
C2,AINDAL~.. A DMSION OF LAW ENGIINE~RING AND
ENVIRO~AL SERVICES, INC., AND TESTING
ENG]]q~.~.RS-SAN DIEGO, INC., FOR MATER/ALS TESTING,
GEOTECHNICAL, AND STORM WA'rifl~ CONSULTING
SERVICES, REQUIRED FOR VARIOUS CAPITAL
IMI~ROVEMENT PROGRAM (CIP) PRO/ECTS DURING
THEIR DF, SIGN AND CONSTRUCTION PHASES, AND
AUTHORIZING TH]! MAYOR TO EX~CUTE SAID
WHEREAS, the construction of public works infras~ improY~ments and buildings
requires the use of quality materials and construction methods to nssum longevity and
WHEREAS, to assm-c that the City con~/nues to ob~n quality improvements, materials
testing, nnd geotcchnical e~g/neering, specialty inspection services are needed for projects built
with both public and private funds; and
WHEREAS. the procedures, as outlined in the City's Municipal Code for the selection of
consultants, were u~i!ized by staffin tho selection of Law Crandall and Teeing Engineers; and
WHEREAS, tho Requ~t for Propo~l (RFP) was sent to a City Bidder's List, and
advcrfised in thc St~r News and San Diego Union-Tn'bune newspapen and eleven responses to
the RFP v/crc rece/ved; and
WHERBAS, a Selection Committee was formed and evaluated and rated the proposals,
and n~-rowed them to the most qualified proponcnts who bc~t rcspOnded to, md met thc criteria
outl/ncd in, the RFP;, and
WHEREAS, four of thc firms wac "short-listed" for oral intervicws and wcrc thereafter
placed in final rank order;, and
WHEREAS, at the conclusion of thc process, Tcs~/n§ Enginecrs and. Law Crandall
ranked the highest because of ability to provide all of the services requested in a tlm¢ly manner
and bccause of the quality and depth of their professional and technical stnfr~ ~md
WHEREAS, the City has used.both consultants for similnr sendccs in the past and has
---- WHEREAS, staff' hn~ negotiated proposed contracts with Law Crandall nnd Test/nE
En~inccrs-Snn Die§o, Inc. to provide m,,t-i_'al te~dng (including specialty inspect/on),
Resolution 2002-122
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23'a dayofApril, 2002, by the following vote:
AYES: Councilmembcrs: Padilla, Rindon¢,'~alas and Ho~ton
NAYS: Councilm~nbers: None
ABSENT: Councilmembers: Davis
Shifl~"y Hoxton, l~ayor
ATTEST:
~A~ o~ c~o~ )
CO~ OF S~ D~ )
~OF ~~TA )
~ S~ Bige~w, Ci~ ~ of ~a Vi~ C~fo~ do h~y ~ ~ ~e ~go~g
~lufion ~. 2~-1~ ~ d~y p~ ~v~ ~d ~ by ~e ~W ~ ~ a
'~ m~ of~o ~a Vi~ CiW ~! held on ~e 23 ~y ofAp~ 2~.
~ ~his ~ ~y of~, 2~2.
7~z --
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT AND ONE-YEAR EXTENSION OF THE
AGREEMENTS BETWEEN (A) THE CITY OF CHULA VISTA AND
MACTEC (PREVIOUSLY LAW CRANDALL, A DIVISION OF LAW
ENGINEERING AND ENVIRONMENTAL SERVICES, INC.) AND (B) THE
CITY OF CHULA VISTA AND TESTING ENGINEERS-SAN DIEGO, INC.
FOR PROVIDING CONSULTING SERVICES FOR MATERIALS TESTING,
GEOTECHNICAL, AND STORM WATER MONITORING REQUIRED FOR
VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS
DURING THEIR DESIGN AND CONSTRUCTION PHASES AND
AUTHORJZING THE MAYOR TO EXECUTE AMENDMENTS AND
EXTENSIONS TO SAID AGREEMENTS ON BEHALF OF THE CITY
WHEREAS, on April 23, 2002, the City Council adopted Resolution No. 2002-122
approving agreements with (1) Law Crandall, a Division of La Engineering and
Environmental Services, Inc. (subsequently changed to MACTEC) and (2) Testing Engineers-
San Diego, Inc. for materials testing, geotechnical, and storm water consulting services
required for various Capital Improvement Program (CH?) projects from April 1, 2002 to
December 31, 2003; and
WHEREAS, each of the agreements includes provisions giving the City the option to
extend the original agreements for up to two additional one-year terms; and
WHEREAS, both MACTEC and Testing Engineers-San Diego, Inc. are willing to
extend their respective agreements for one additional year (from January 1,2004 to December
31, 2004) with no increase in rates; and
WHEREAS, staff recommends that the City exercise said option based upon said
consultants' satisfactory performances.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve two First Amendment and One-Year Extensions; one for the agreement
between the City of Chula Vista and MACTEC and one for the agreement between the City of
Chula Vista and Testing Engineers-San Diego, Inc. which provide consulting services for
materials testing, geotechnical, and storm water monitoring required for various capital
improvement program (C1P) projects during their design and construction phases.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
amendments and extensions to said agreements on behalf of the City.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director of Engineering City Attorney
THE ATTACHED AGREEMENT I-LAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTOP, zNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~o~,-.,._ '~ t~.,-,..~ ~,,..
Ann Moore
City Attorney
Dated:12/3/03
AMENDMENT AND ONE-YEAR EXTENSION OF THE AGREEMENTS BETWEEN
(A) THE CITY OF CHULA VISTA AND MACTEC, AND (B) THE CITY OF
CHULA VISTA AND TESTING ENGINEERS-SAN DIEGO, INC. FOR PROVIDING
CONSULTING SERVICES
7-¸7
FIRST AMENDMENT AND EXTENSION OF AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND MACTEC (FORMERLY LAW CRANDALL, A
DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.)
Whereas, the City of Chula Vista ("City") and MACTEC ("Consultant") entered into an
agreement for materials testing, geotechnical, and storm water consulting services on April 24,
2002 ("Agreement").
Whereas, the parties wish to amend and extend thc Agreement for another year commencing as
of January 1, 2004 and ending on December 31, 2004, all in accordance with Paragraph 8.D of
Exhibit A to the Agreement.
Now, therefore, the parties agree as follows:
I. Paragraph 8.D of Exhibit A to the Agreement (Page 19) shall be amended to read
as follows:
"Date for completion of all Consultant services: December 31, 2004. City has
the option to extend this agreement for a second term (fi.om January 1, 2005 to
December 31, 2005). Said extension shall be by mutual agreement between City
and Consultant. The City Contract Administrator shall give notice of election to
extend this agreement by sending notice by letter to Consultant not later than
three months prior to expiration of the term."
II. Paragraph 13 of Exhibit A to thc Agreement (Page 25) shall be amended to read
as follows:
"Contract Administrators:
City:
Kirk Ammerman, Deputy Director of Engineering
1800 Maxwell Road
Chula Vista, CA 9191 l
Voice Phone: (619) 397-6121
FAX Phone: (619) 397-6254
Consultant:
Pete Campbell
Engineering Services Manager
9177 Sky Park Court, Suite A
San Diego, CA 92123
Voice Phone: (858) 278-3600
Fax Phone: (858) 278-5300
First Extension of Agreement: MACTEC Page I of 3
Engineering Department File No. 0780
November 5, 2003
III. The parties further agree that all insurance policies to be maintained by
Consultant pursuant to the Agreement shall be modified for the extension period.
A certificate of insurance demonstrating such extension shall be provided to the
City within ten days after City's execution of this amendment.
IV. All other terms and conditions of the Agreement not specifically modified by this
amendment shall remain in full force and effect.
First Extension of Agreement: MACTEC Page 2 of 3
Engineering Department File No. 0780
November 5, 2003
SIGNATURE PAGE
TO
FIRST AMENDMENT AND EXTENSION OF AGREEMENT
Dated: ,2003 City of Chula Vista
By:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: tt ~t2 ~o3 ,2OO3 MACTEC
By:
~ eenn Services Manager g
Pete I~.aypbell, Engin ' '
Attachments: 1) Agreement
2) Consultant's letter of agreement to extension of contract dated October 21, 2003
J:\Engineer\NPDEShMiscellaneoushMACTEC Agreement Extension.doc
First Extension of Agreement: MACTEC Page 3 of 3
Engineering Department File No. 0780
November 5, 2003
'7 -/0
MACTEC
October 21, 2003
Mr. Kirk Ammerman, P.E.
City of Chula Vista
Public Works Department
1800 Maxwell Road
Chula Vista, California 919
Subject: Renewal of Materials Testing and
Geotechnical Consulting Services Contract
MACTEC Project 5014-03-0005
Dear Mr. Ammerman:
MACTEC Engineering and Consulting, Inc. is very interested in extending our current
agreement with the City of Cbula Vista dated April 24, 2002 for one additional year,
from January 1, 2004 through December 31, 2004 per Section 8.D of the agreement. We
would like to thank you for the opportunity to continue working with The City of Chula
Vista, as you are a valued client of ours and, as such, we are agreeable to maintain the
rates of our original agreement.
We look forward to another year of working with you and your staff. Please call me if
you have any questions.
Sincerely,
MACTEC ENGINEERING ANI) (,ONSUI.,1 lNG INC.
(F/KZ4 Lan, Engineering att(I Environtnental Services)
Engl'~ering services manager
PJC:ccl
MACTEC Engineering and Consulting, Inc.
9177 Sky Park Court, Suite A · San Diego, CA 92123
858-278-3600 · Fax: 858-278-5300
www,mactec.com
7-//
FIRST AMENDMENT AND EXTENSION OF AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND TESTING ENGINEERS-SAN DIEGO, INC.
Whereas, the City of Chula Vista (',City") and Testing Engineers - San Diego, Inc~
("Consultant") entered into an agreement for materials testing, gcotechnical, and storm water
consulting services on April 24, 2002 ("Agreement").
Whereas, the parties wish to amend and extend the Agreement for another year commencing as
of January 1, 2004 and ending on December 31, 2004, all in accordance with Paragraph 8.D of
Exhibit A to thc Agreement.
Now, therefore, the parties agree as follows:
I. Paragraph 8.D of Exhibit A to thc Agreement (Page 19) shall be amended to read
as follows:
"Date for completion of all Consultant services: December 31, 2004. City has
the option to extend this agreement for a second additional one-year term (from
January 1, 2005 to December 31, 2005). Said extension shall be by mutual
agreement between City and Consultant. The City Contract Administrator shall
give notice of election to extend this agreement by sending notice by letter to
Consultant not later than three months prior to expiration of the term."
II. Paragraph l 3 of Exhibit A to the Agreement (Page 24) shall be amended to read
as follows:
"Contract Administrators:
City:
Kirk Ammem~an, Deputy Director of Engineering
1800 Maxwell Road
Chula Vista, CA 91911
Voice Phone: (619) 397-6121
FAX Phone: (619) 397-6254
Consultant:
Thomas H. Chapman, Project Manger
7895 Convoy Court, Suite 18
San Diego, CA 92111
Voice Phone: (858) 715-5800
Fax Phone: (858) 715-5810
First Extension of Agreement: Testing Engineers-San Diego, Inc. Page I of 3
Engineering Department File No. 0780
November 5, 2003
"7-/Z
III. The parties further agree that all insurance policies to be maintained by
Consultant pursuant to the Agreement shall be extended for the extension period.
A certificate of insurance demonstrating such extension shall be provided to the
City within ten days after City's execution of this amendment.
IV. All other terms and conditions of the Agreement not specifically modified by this
amendment shall remain in full force and effect.
First Extension of Agreement: Testing Engineers-San Diego, Inc.
Engineering Department File No. 0780
November 5, 2003
Page 2 of3
7-/3
SIGNATURE PAGE
TO
FIRST AMENDMENT AND EXTENSION OF AGREEMENT
Dated:
,2003
City of Chula Vista
By:
Stephen Pa~lla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,2003
Testing EngiJneer
By: .
--
Attacbments:
I) Agreement
2) Consultant's letter of agreement to extension of contra¢t dated October 10, 2003
J:\Engineer\NPDES\Miscellaneous\MACTEC Agreement Extension.doc
First Extension of Agreement: Testing Engineers-San Diego, Inc.
Engineering Department File No. 0780
November 5, 2003
Page 3 of3
7 -I '-I
OTesting Engineers - San Diego, Inc. Established 1946
October 10, 2003
Mr. Kirk Ammerman, PE
Senior Civil Engineer
City of Chula Vista
1800 Maxwell Road
Chula Vista, CA 91911
Subject: Annual Contract
Material Testing, Geotechnical, and Storm Water Consulting Services
Dear Mr. Ammerman,
Testing Engineers - San Diego, Inc. appreciates the opportunity to be part of your quality
assurance team and we look forward to continuing this relationship.
We agree to a one-year extension of our current contract with no increase in rates.
Our current contract allows for a charge in prevailing wages for construction inspectors
and soils and materials testers based on the latest prevailing wage determinations.
Please let us know if you have any questions.
Thomas H. Cl:~pman '~ven Bradl'~y '
Principal, PE Principal Engineer
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 12/9103
ITEM TITLE: Resolution amending the FY04 Library
Department budget by appropriating a) unanticipated grant
revenue in the amount of $10,275 for expenditures associated
with the Literacy program, b) unanticipated revenue in the
amount of $5,833 for Literacy Team's Even Start Family Literacy
grant, and c) unanticipated grant revenue in the amount of
$4,000 in Workforce Investment Act 231 grant funds.
SUBMITTED BY: Assistant City Manager/Library Director~')
City Manager ('~ (4/Sths Vote: YES X NO )
REVIEWED
BY:
The Chula Vista Literacy Team recently received two mini-grant awards totaling $10,275 for
the Literacy program and an augmentation to the Even Start Family Literacy grant in the
amount of $5,833. In addition, the California Department of Education recently notified the
Chula Vista Literacy Team of an augmentation to the Workforce Investment Act (WlA) 231
Grant in the amount of $4,000 for the fiscal year 2004.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY04
Library Department budget by appropriating a) unanticipated grant revenue in the amount of
$10,275 for expenditures associated with the Literacy program, b) unanticipated revenue
in the amount of $5,833 for Literacy Team's Even Start Family Literacy grant, and c)
unanticipated Workforce Investment Act 231 grant funds in the amount of $4,000.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
a) The Chula Vista Literacy Team has received two California State Library one-time mini-
grants totaling $10,275:
The Chula Vista Literacy Team has been awarded $6,275 to collaborate with the Chula
Vista Family Clinic in their Reach Out and Read early literacy intervention program. Reach
Out and Read (ROR) is a national program that trains doctors and nurses to promote early
language and literacy development as part of standard pediatric primary cato. At each
well-child visit, trained medical staff at ROR--certified clinics advise parents of the
importance of reading aloud to children. During each visit, parents of preschool-aged
children aro given new, developmentally appropriate books to take home. In addition,
trained volunteers read to children in the waiting room, modeling road-aloud techniques for
parents. Chula Vista Public Library staff will use the majority of grant funds ($4,700), to
pumhase give-away books for the ROR program. The remaining funds ($1,575), will be
used to pumhase training and outreach materials. Reach Out and Read volunteers will be
trained in road-aloud techniques by the Family and Afterschool Literacy Supervisor at the
8-!
Page 2, Item: ~
Meeting Date: 12/9103
Literacy Center. This grant will allow the Library to augment and enhance its recently
implemented "Bom to Read' program.
The Chula Vista Literacy Team has also been awarded a one-time $4,000 mini-grant to
implement the Speaking ef Reading book discussion group for adult learners. The
purpose of this grant is to promote life-long learning, nourish an appreciation of literature
and give new readers an opportunity to participate in a book discussion format. Grant
funds in the amount of $2,500 will be used to offset the costs of discussion leaders, and
the remaining $1,500 will be used to purchase supplies and books which will be given to
participants to help build their home libraries or to share with family and friends.
b) Additionally, the California State Department of Education has advised the Chula Vista
Literacy Team that the Fiscal Year 2004 Even Start Family Literacy grant has been
augmented by $5,833. The Library partners with the Chula Vista Elementary School
District, which is the primary agency providing Even Start family literacy services. The
Library intends to pass $4,333 in grant augmentation funds through to the District to pay
for program activities and supplies. The remaining $1,500 will be used to purchase
instructional materials for the Literacy Team Center.
c) The Chula Vista Literacy Team's Workforce Investment Act (VVIA) 231 Grant has been
renewed for the Fiscal Year 04 with an augmentation in the amount of $4,000. Grant funds
in the amount of $4,000 will be used to provide additional hourly Literacy support staff.
FISCAL IMPACT:
Two one-time California State Library mini-grant awards totaling $10,275, will be appropriated
into the current year Literacy Budget. These funds may not be used to supplant existing
support for Literacy Team Center activities. All funds must be expended by June 30, 2004.
An additional $.5,833 will be appropriated into the current year Even Start grant budget. Of
these funds, $4,333 will be passed through to our partner agency, the Chula Vista Elementary
School District, via their purchase order contract.
WIA 231 grant funds will be appropriated into the current year budget. These funds will
provide additional instructional support staff at the Literacy Team Center.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY04 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING A)
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$10,275 FOR EXPENDITURES ASSOCIATED WITH THE
LITERACY PROGRAM; B) UNANTICIPATED REVENUE IN
THE AIMOUNT OF $5,833 FOR LITERACY TEAM'S EVEN
START FAMILY LITERACY GRANT; AND C)
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$4,000 IN WORKFORCE INVESTMENT ACT 231 GRANT
FUNDS
WHEREAS, the Chula Vista Literacy Team recently received two mini-grant awards
totaling $10,275 for the Literacy Program and an augmentation to the Even Start Family Literacy
grant in the amount of $5,833; and
WHEREAS, the Chula Vista Literacy Team has been awarded $6,275 to collaborate with
the Chula Vista Family Clinic in their Reach Out and Read (ROR) early literacy intervention
program; and
WHEREAS, the Chula Vista Public Library staff will use the majority of grant funds
($4,700) to pumhase give-away books for the ROR program with the remaining funds to be used
to purchase training and outreach materials; and
WHEREAS the California State Department of Education has advised the Chula Vista
Literacy Team that the Fiscal Year 2004 Even Start Family Literacy grant has been augmented
by $5,833; and
WHEREAS, the California State Department of Education recently notified the Chula
Vista Literacy Team of an augmentation to the Workfome Investment Act 231 Grant in the
amount of $4,000 for the Fiscal Year 2004; and
WHEREAS, the grant funds in the amount of $4,000 will be used to provide additional
hourly Literacy support staff; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby adopt the resolution amending the FY04 Library Department budget by
appropriating unanticipated grant revenue in the amount of $10,275 for expenditures associated
with the Literacy program; unanticipated revenue in the amount of $5,833 for the Literacy
Team's Even Start program; and unanticipated Workforee Investment Act 231 grant funds in the
amount of $4,000 to provide additional hourly Literacy support staff.
Presented by Approved as to form by
David Palmer Ann Moore
Assistant City Manager City Attorney
JSAttomey~Reso\grants~FY04 Library budget for literacy
COUNCIL AGENDA STATEMENT
ITEM C~
MEETING DATE 12/9/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending the
fiscal year 2004 budget, approving a salary increase and title change for
the Police Communications Operator series, and approving the creation
of the Fire Dispatcher series, and creating a Fire Communications
Manager classification.
SUBMITTED BY: Director of Human Resources /~. ~//~
REVIEWED BY: City Manager ~-~ (4/5th Vote: Yes X__ No--)
SUMMARY: Adoption of the resolution approves a salary increase and title change for
the Police Communications Operator series, in order to remain competitive in the market.
Adoption of the resolution also approves the addition of the classification and salary range for
the Fire Dispatcher series and a Fire Communications Manager.
RECOMMENDATION: To Approve the Resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Effective July 2004, the City will resume fire dispatch services. In order to staff the communications
center, we need to establish the classifications for these positions. Given that there is a clear and
distinctive difference between Police and Fire dispatch duties and responsibilities, we are
recommending increasing the salary ranges for the Police Dispatcher series at the same time that we
are establishing the Fire Dispatch salary ranges. Throughout San Diego County, Police dispatch
positions are compensated higher than Fire dispatch positions. The job is significantly more
complex and requires additional training to learn specific codes and procedures to follow.
Police Department - As a result of a recent salary survey, we found that the salary for the position of
Police Communications Operator 1I has fallen below the median. The Police Department has been
experiencing significant turnover in this position, related in part to the salary, but also as a result of
recent retirements. It has been difficult to attract qualified individuals who could successfully pass
not only the examination process but also the background investigation. By making the salary more
competitive, the city will attract more applicants and better qualified candidates. In an effort to
regain a competitive market driven salary, fill the current vacancies, attract new employees and retain
Item
Meeting Date:
present employees, we are recommending increasing the salary for each position in the series by 10%
effective 12/12/03.
The salary of the Police Communication Operator Trainee and Lead Communications Operator
positions are directly tied to the Police Communication Operator Il salary and will be adjusted
accordingly.
This series of positions has also been reviewed as part of Phase V of the citywide classification
study. Since we are bringing forward the request to add the following Fire Dispatch series, we are
also recommending that the titles be changed for the Police Communication Operator series as
follows:
Current Title Proposed Title
Communications Operator (Trainee) Police Dispatcher (Trainee)
Communications Operator I/ Police Dispatcher
Lead Communications Operator Police Dispatch Supervisor
Fire Department - The City is reestablishing Fire dispatch services within the City effective July
2004. In an effort to staffthose services by that date, we are requesting the establishment of the Fire
Dispatcher series and one new management position within the Fire Department. An organizational
chart of the Fire Dispatch Division is attached at the end of this report.
1. Fire Dispatcher - ($46,781.28 at step E, prior to 1/1/04 3% cola)
2. Fire Dispatcher Supervisor - ($53,798.47 at step E, prior to 1/1/04 3% cola)
3. Fire Communications Manager - ($76,521.30 per year)
Once the classifications have been approved, the Human Resources Department will proceed with
recruitments for each of these positions. After the first of the year, the Fire Department will request
from Council exact staffing levels and indicate funding sources. It will take several months to
recruit, select and train these individuals in preparation for the July 2004 implementation.
FISCAL IMPACT:
Police Communication Operator series adjustments will result in a $94,815 increase for the
remainder of FY 04, which will funded by the unanticipated salary savings within the current Police
Department budget, and an on-going cost of $195,320.
Attachments:
a. Organizational chart for the Fire Dispatch Center
b. Organizational chart for the Police Dispatch series
2
FIRE DISPATCH CENTER
Fire Communications Manager /
$76,521.30
(Mid Manager) ,
Micro Computer Specialist
(Fire)
$69,564.82
(Mid Manager)
Fire Dispatcher Supervisor
$53,798.47
(CVEA)
Fire Dispatcher
$46,781.28
(CVEA)
0
NOTE: Salaries do not include 3 '/o COLA effective 1/04.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2004 BUDGET,
APPROVING A SALARY INCREASE AND TITLE CHANGE
FOR THE POLICE COMMUNICATIONS OPERATOR SERIES,
AND APPROVING THE CREATION OF THE FIRE
DISPATCHER SERIES, AND CREATING A FIRE
COMMUNICATIONS MANAGER CLASSIFICATION
WHEREAS, effective July, 2004, the city will resume fire dispatch services; and
WHEREAS, there is a clear and distinctive difference between Police and Fire
dispatch duties and responsibilities, and based on these differences, staff is recommending an
increase in salary ranges for the Police Dispatcher series in concurrence with establishing Fire
dispatch salary ranges; and
WHEREAS, adoption of the resolution approves a salary increase and title change for
the Police Communications Operator series, in order to remain competitive in the market; and
WHEREAS, adoption of the resolution approves the addition of the classifications
and salary ranges for the Fire Dispatcher series and a Fire Communications Manager;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend the fiscal year 2004 budget, approving a salary increase and title change for the
Police Communications Operator series, and the creation of the Fire Dispatcher series, and creation
of a Fire Communications Manager classification,
Presented by Approved as to form by
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
J:\ATTORNEYXRESO\ Classification\salary increase-title change-Fire
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/09/03
ITEM TITLE: Resolution Accepting bids and awarding contract for the
"David A. Wergeland Shark and Ray Experience Photovoltaic System
in the City of Chula Vista, CA (GG176A)" project to Independent
Energy Solutions Inc. in the amount of $27,324.95.
SUBMITTED BY: Director of General Services
REVIEWED BY: City Manager ~) (4/5tbs Vote: __ No X
At 2:00 p.m. on Tuesday, November 18, 2003 the Director of General Services received sealed
bids for the "David A. Wergeland Shark and Ray Experience Photovoltaic (PV) System in the
City of Chula Vista, CA (GG176A)" project. The project will provide for a fully functional
7.1KW (STC) grid-connected Photovoltaic System to be installed at the recently renovated
David A. Wergeland Shark and Ray Experience located at the City's Nature Center. The work
shall include all labor, material, equipment, protection and restoration of existing site, design,
documentation, coordination and supervision necessary for a complete and operating system in
accordance with the contract documents.
RECOMMENDATION: That Council accept bids and award the contract for the "David A.
Wergeland Shark and Ray Experience Photovoltaic System in the City of Chula Vista, CA
(GG176A)" project to Independent Energy Solutions Inc. in the amount of' $27,324.95.
BOARDS/COMMISSION: Not Applicable
DISCUSSION:
In 1992, the City of Chula Vista became a charter member of the International Council of Local
and Environmental Intiativies (ICLEI). ICLEI's primary mission is to educate and promote
reduction of Carbon Dioxide (CO2) emissions. As a member, the City developed a reduction
strategy to reduce CO2 emissions by reducing the use of fossil based fuel and increasing the
City's energy efficiency. In 1997, with input from a diverse citizen advisory committee, the City
developed a CO2 Reduction Plan with twenty measures to implement the strategy to reduce CO2
emissions. One of the measures includes a citywide project to increase the use of renewable
energy in City facilities. In November 2000, the City Council adopted an updated plan. The PV
system will increase the City's current PV capacity to 41KW and expand the use to three
facilities which will include the John Lippitt Public Works Center, the new Police Headquarters
and if approved the facilities at the Nature Center.
The project will provide for a fully functional 7.1KW (STC) grid-connected PV System to be
installed at the recently renovated David A. Wergeland Shark and Ray Experience located at the
City's Nature Center. The work shall include all labor, material, equipment, protection and
restoration of existing site, design, documentation, coordination and supervision necessary for a
complete and operating system in accordance with the contract documents. The California
Energy Commission (CEC) program offers a rebate to Contractors for under 10KW PV system
Page 2, Item ~
Meeting Date 12/09/03
installed. The Contractor will take advantage of this program, with approval from San Diego
Gas & Electric (SDG&E), therefore providing the City with a PV system valued at a higher cost
than installation. Energy generated from a solar power (such as a PV system) over a period of
time is a substantial cost savings to the operation of the David A. Wergeland Shark and Ray
Experience and all facilities of the Nature Center.
The professional services of ILA ZAMMIT Engineering Group were retained for the preparation
of the project's scope of work and plans. Staff received and opened bids on Tuesday, November
18, 2003. Two Contractors submitted bids to perform the work as follows (listed in order of base
bid amount):
Contractor Address Base Bid Amount
Independent Energy Solutions, Inc. 1273 Linda Vista Drive $27,324.95
San Marcos, CA 92069
Hardy Diesels & Equipment, Inc. 15749 Lyons Valley Rd $37,937.44
Jamul, CA 91935
The low bid by Independent Energy Solutions, Inc. is below the projects estimated range of
$40,000 to $45,000 (less CEC rebate). Staff has reviewed the low bid, verified all references and
confirmed Contractor's License (80519) is clear and current. Staff recommends awarding the
contract to Independent Energy Solution, Inc. of San Mareos, California, in the amount of
$27,324.95.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this proposed project
for compliance with the California Environmental Quality Act (CEAQ) and has determined that
the project qualified for a Class 11 categorical exemption pursuant to Section 15311 of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
Wage Statement
This project is funded through CIP funds. Contractors bidding this project were not required to
pay prevailing wages to persons employed by them for the work under this project.
Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
Page 3, Item
Meeting Date 12/09/03
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Independent Energy Solutions, Inc.) $27,324.95
B. Contingency(Approximately 15%) $ 4,098.05
C. City Administration Costs (includinlg Staff Time and Material Testing) $ 4,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $35,423.00
FUNDS AVAILABLE FOR CONSTRUCTION
CIP (General Fund) $35,423.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $35,423.00
The above action of awarding the contract will authorize a total expenditure of $35,423.00 from
the budgeted CIP project. Upon completion of the project, only routine City maintenance will be
required.
Attachment (s): 1 - Disclosure Statement
File: GG176A
J:\General Services\Templates~Agenda Template.doc
Cid' of Chula Vista Disclosure Statement
Pursuant to Council Policy I01-01, prior to any action upon matters that will require discretonary action
by the Council, planmng Comrmssion and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign conlributons for a City of Chula Vista
election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the conlract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the Irust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No
If Yes, briefly describe the nature of the financial interest the official** may have in this
contract.
6. Have you made a contribution of more than $250 within thc past twelve (12) months to a current
member of the Chula Vista City Council? NoX__ Yes __ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gilt, loan, etc.) Yes No X
If Yes, which official** and what was the nature of item provided?
Date: N,"~v~mh~'F ~ a; :~nn~ Signamre~-~eC~o C~.~nlractor/Applicant____
Print or ty~fe name of Contractor/Applicant
* Person is de£med as: any individual, firm, co-partnership, joint venture, association, social club,
fi'sternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staffmembers.
Independent Energy Solutions
1273 Linda Vista Drive
14 Saa lfi~rcos CA 92069
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"DAVID A. WERGELAND SHARK AND RAY EXPERIENCE
PHOTOVOLTAIC SYSTEM IN THE CITY OF CHULA VISTA, CA
(GG176A)" PROJECT TO INDEPENDENT ENERGY SOLUTIONS,
INC. IN THE AMOUNT OF $27,324.95
WHEREAS, on Tuesday, November 18, 2003, the Director of General Services received
sealed bids for the "David A. Wergeland Shark and Ray Experience Photovoltaic (PV) System in
the City of Chula Vista, CA (GG176A)" project; and
WHEREAS, two contractors submitted bids to perform the work as follows:
Contractor Address Base Bid
Amount
Independent Energy Solutions, Inc. 1273 Linda Vista Dr., San Marcos, CA 92069 $27,324.95
Hardy Diesels & Equipment, Inc. 15749 Lyons Valley Rd., Jamul, CA 91935 $37,937.44
WHEREAS, the low bid by Independent Energy Solutions, Inc. is below the projects
estimated range of $40,000 to $45,000 (less CEC rebate); and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to
Independent Energy Solution, Inc. of San Marcos, California in the amount of $27,324.95; and
NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does
hereby accept bids and award the contract for the "David A. Wergeland Shark and Ray
Experience Photovoltaic System in the City of Chula Vista, CA (GG176A)" project to
Independent Energy Solutions, Inc. in the amount of $27,324.95.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is
hereby authorized and directed to execute said contracts on behalf of the City of Chula Vista.
Presented by Approved as to form by
Jack Griffin ~~r~meS~
Director of General Services
J:\attomcy\rcso\bids\|ndependent Energy Solutions
1
CITY COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 12/09/2003
ITEM TITLE: PUBLIC HEARING: Consideration of two options meant to clarify
previous City Council's action on a Rezone and Precise Plan for a one-acre
parcel located at 825 Broadway.
Option 1:
A. Ordinance: Amending the zoning map established by Section
19.18.010 of the Municipal Code, rczoning a one-acre parcel located
at 825 Broadway from the C-T-P (Thoroughfare Commercial, Precise
Plan) zone to the C-C-P (Central Commercial, Precise Plan) zone
(second reading and adoption).
B. Ordinance: Approving Precise Plan (PCM-03-21) for a mixed-use
residential and retail development located at 825 Broadway within the
Southwest Redevelopment Area (second reading and adoption).
OR
Option 2:
C. Ordinance: Rescinding the October 14, 2003 action o~' the City
Council that placed an ordinance on first reading which approved a
zoning map and rezoned a one-acre parcel at 825 Broadway; and
instead amending the zoning map established by Section 19.18.010 of
the Municipal Code, rezoning a one-acre parcel at 825 Broadway
fi:om the C-T-P (Thoroughfare Conunercial, Precise Plan) zone to the
C-C-P (Central Commercial, Precise Plan) zone and adopting Precise
Plan development standards for the project (first reading).
D. Ordinance: Rescinding the October 14, 2003 action o£ the City
Council that placed an ordinance on first reading which approved a
precise plan £or a project located at 825 Broadway; and instead
approving a revised Precise Plan (PCM-03-21) for a mixed-use
residential and retail development located at 825 Broadway within the
Southwest Redevelopment Area (first reading).
SUBMITTED BY: Director of Pla~ and Building -~
REVIEWED BY: City Manager~/ ] (4/5ths Vote: Yes No X)
Page 2, Item:_w~_
Meeting Date: 12109/03
On October 14, 2003, the City Council placed on first reading Ordinances approving a zone change
and Precise Plan to allow the development of a residential (senior housing)/retail mixed-use project
at the northeast comer of Broadway and Sierra Way. After the Council hearing, staffunderstood that
the City Council had approved staff's recommended alternative site design, which provides vehicular
access along Broadway, without precluding the use of the school access easement for ingress and
egress (see Figure 1). However, the applicant's understanding is that the City Council approved the
original site design, which has access only from the access easement (see Figure 2). A review of the
meeting minutes did not further clarify the issue. Thus, the purpose o fthis public hearing is to clarify
Council's action with regard to the project's vehicular access.
ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project was adequately
covered in the previously adopted Negative Declaration IS-03-008, and finds that no further
environmental action is necessary.
RECOMMENDATION:
Dependent upon clarification of the access issue, place the two ordinances introduced on October
14, 2003 on second reading and adoption, which allow access to the site only from the school
access easement (item A and B of the is item title), or place on first reading the revised ordinances
which approve the Rezone and Precise Plan with vehicular access to the site both from the existing
school access easement and directly from Broadway (item C and D of the is item title).
DISCUSSION/ANALYSIS:
On October 14, 2003, the City Council placed on first reading Ordinances approving a Rezone and
Precise Plan for a one-acre parcel at the northeast comer of Broadway and Sierra Way to allow the
development of a residential (senior housing)/retail mixed-use project. The proposed project featured
42 residential units, a parking facility with capacity for 45 vehicles and vehicular access via an
existing access easement along the north property line (see Figure 2). At the City Council hearing,
Engineering staff indicated that City and School District staff had been working together to develop a
"Traffic Control System" for the elementary school in order to alleviate some of the concerns
expressed by area residents about traffic congestion within the surrounding residential streets (Sierra
Way, K Street and Broadway).
The adopted Traffic Control System consists of creating two separate vehicular circulation loops for
morning and afternoon children drop-offs and pick-ups. The school Traffic Control System basically
divides the school traffic into two separate groups: One group, or approximately 50 percent of the
students, are dropped off using the school access easement that connects the school to Broadway, and
the other 50 percent uses the school's parking lot on "K" Street (see Figure 3). As part of this system,
the school gate located at the southeast comer of the school has been closed to stop and prevent
parents from picking up and dropping offkids along Sierra Way. According to area residents, the
//-2-
Page 3, Item: I]
Meeting Date: 12/09/03
closure of this gate has improved significantly the morning and afternoon traffic.
The Traffic Control System was tested about two weeks prior to the October 14, 2003, Council
hearing to allow staffenough time to properly evaluate actual traffic and vehicle stacking conditions
on all surrounding streets, school parking lot and school access easement. During the testing period,
Engineering staff noticed a significant vehicle stacking along the easement. The vehicle stacking,
which extended to Broadway, blocked the access to the proposed project parking facility for a period
of about 1/2 hour in the morning and 1/2hour in the afternoon. Although the stacking occurs for a
very short period of time, staff is concerned about providing continuous access for emergency and
normal vehicular traffic in and out of the project during these school peak periods. For this mason, at
the previous City Council hearing, staff recommended an alternative site plan showing access
directly from Broadway, with an internal circulation loop to allow an alternative route in the event
the school access easement was blocked by school moming or afternoon traffic (see Figure 1). Staff's
Broadway access recommendation was primarily to provide an alternative access point, but not
necessarily to preclude access to and from the school access easement. After staff's presentation and
public testimony, the City Council, in staff's opinion, endorsed staff's recommendation and
approved the project by unanimous vote.
After the Council heating, staff understood that the City Council, in response to staff's concerns
regarding the proposed project vehicular access, had approved the recommended alternative design
with direct access from Broadway, as illustrated in Figure 1. However, the applicant's understanding
was that the City Council approved the original site design with access only from the access
easement, as illustrated in Figure 2. Thus, staffand applicant are seeking clarification of Council's
action with regard to the project's vehicular access. The applicant has indicated that either one of the
alternatives works for them, but wanted confirmation of City Council's previous action.
Under staff's recommended site plan, the project remains as represented previously with the
following exceptions:
Access is provided along Broadway, resulting in a net loss of two on-site parking spaces and
removal ora 558 sq. ft. kiosk featured at the northwest comer of the project site (see Figure
1). The total number of required parking for the commercial and residential components
remain the same (one space per dwelling unit and 1 space for each 200sq.fi. of retail floor
area). The difference is that instead of three extra parking spaces, the project will have only
one on-site extra space. Thus, the Broadway access alternative can be achieved without
significant changes to the overall project. The applicant has considered the access along
Broadway and, although not the preferred solution, has agreed to provide the access if
Council favors this solution.
Staffrecommended Broadway access does not preclude the applicant from using the school
access easement. In fact, access from both, the school access easement and Broadway could
result in a much better internal circulation solution. In staff's opinion, any of the two
alternatives work, but staff's recommended Broadway access alternative would address the
traffic stacking and project access issues identified by staff.
Page 4, Item: 1t
Meeting Date: 12/09/03
The revised Precise Plan guidelines contain flexibility to grant the Zoning Administrator,
under the Design Review or site plan and architectural review processes, the authority to
make site design refinements. Staff will work with the applicant to refine council's preferred
vehicular access solution.
CONCLUSION:
For the reasons stated above, staff recommends that the City Council place on first reading the
revised Ordinances (items C and D), approving the rezone and Precise Plan with access along
Broadway, as represented in Figure 1 (access to and from the access easement can be retained with
this option).
FISCAL IMPACT:
See attached October 14, 2003 staff report, Attachment 2.
ATTACHMENTS:
1. Figures:
Figure 1, Staff Recommended Site Plan- Access from Broadway
Figure 2, Applicant's Proposed Site Plan- Access from School Easement
Figure 3, Traffic Control System/Closed Gate
2. October 14, 2003 City Council Agenda Statement
3. Ownership Disclosure Statement
J:\Planning~MichaelXPCC Reprn'ts\12-9 MAAC CC Rpt
//-¥
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~'RoJEcT ~ P.OJECTOESC.~O.:
· ~ ~PUC'N~:MAAC PROJECT MISCELLANEOUS
PROJECT
A~eRESS: 825-841 BROADWAY Request: Proposal for a Precise Plan for a mixed use
,, project consisting of 2,220 square feet units for senior
' SCALE: FILE NUMBER: ' citizens.
~ NORTH NoScale PCM-03-21 Related Case(s): SUPS-03-05"
J:\home\planning\cherr~lc\locators\pcm0321 .cdr 01.22.03
I
0
Z
BROADWAY - -'
'~ I
I
I
I
I
I
z~
0
z BROADWAY
//-7
FIGURE 3:
TRAFFIC CONTROL
SYSTEM & CLOSED GATE
PAGE 1, ITEM HO.:
MEETING DATE:
JOINT REDEVELOPMENT AGENCY / CITY CouNCiL
AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING TO CONSIDER (A) A PARCEL REZONE FROM THE
THOROUGHFARE. COMMERCIAL PRECISE PLAN (C-T-P) ZONE TO THE
CENTRAL COMMERCIAL PRECISE PLAN (C-C-p) ZONE AND A (B) PRECISE
PLAN (PCM-03-21) TO ALLOW FOR A MIXED-USE PROJECT THAT:
INCLUDES: (1) 41 APARTMENTS AFFORDABLE TO V~RY LOW-INCOME
SENIOR CITIZENS WITH ASSOCIATED SUPPORT SERVICES; (2) ONE
MANAGER'S APARTMENT; (3) 2,219 SQUARE FEEl' OF RETAIL SPACE; AND
(4) REDUCTIONS IN SETBACKS, PARKING AND OPEN SPACE LOCATED 825
BROADWAY TO BE DEVELOPED BY THE METROPOLITAN AREA ADVISORY
COMMITTEE (MAAC) PROJECT~
a. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VIST~
ADOPTING THE NEGATIVE DECLARATION (IS-03-008) AND
AMENDING THE ZONING MAp ESTABLISHED BY SECTION 19.13.010
OF THE MUNICIPAL CODE REZONING A 1-ACRE PARCEL LOCATED AT
825 BROADWAY FROM THE C-T-P (THOROUGHFARE COMMERCIAL,
PRECISE PLAN) ZONE TO THE C-C-P (CENTRAL COMMERCIAL, PRECISE
PLAN) ZONE
b. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING PRECISE PLAN (PCM-03-21) FOR A MIXED-USE
RESIDENTIAL AND RETAIL DEVELOPMENT LOCATED AT 825
BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT
AREA
c. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY 'OF
CHULA VISTA APPROVING THE MIXED-USE PROJECT AND ENTERING
INTO AN OWNER\TENANT PARTICIPATION AGREEMENT MTH THE
CHULA VISTA ELEMENTARY SCHOOL DISTRICT AND THE METROPOLITAN
AREA ADVISORY COMMITTEE FOR THE CONSTRUCTION OF A MIXED-USE
RESIDENTIAL AND RETAIL DEVELOPMENT AT 825 BROADWAY WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
d. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST~
CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO
FUTURE APPROPRIATION, IN THE FORM OF A RESIDUAL RECEIPTS
LOAN FROM HOME FUNDS IN AN AMOUNT NOT-TO-EXCEED
$300,000 TO THE METROPOUTAN AREA ADVISORY COMMITTEE
(MAAC) PROJECT FOR THE DEVELOPMENT OF THE PROPOSED 42 UNIT
PROJECT LOCATED AT 825 BROADWAY
SUBh~ ,~u BY: COMMUNITY DEVELOPMENT DIRECTOR ~_,~~
PLANNING AND BUILDIN, N~ DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR ~
4/5T.S VOTE: YES ~ .O ~
ATTACHMENT 2
PAGE 2, ITEM NO.:
MEETING DATE: 10/14/03
BACKGROUND
On June 10, 2003, a ioint meeting of the City of Chula Vista City Council and Redevelopment
Agency was convened to consider the development proposal submi~ed by the Metropolitan Area
Advisory Commiflee (MAAC} Proiect for: the pFoied commonly known as Seniors on Broadway.
The project is located at 825 Broadway'and includes 41 one-bedroom units affordable to very-
Iow income seniors, 1 two-bedroom manager's unit, communily space of 6,100 square feet and
2,200 square feet of retail space. At that time the City Council/Agency directed s-taft to work with
the developer and the community to address the issues that were raised.
Staff has been working with the developer and the school distrid to devise and implement
strategies to address the concerns. Subsequent to the public hearing on June 10, 2003, staff has
spent numerous hours, in particular, the Traffic Engineering Division, working with the School
District to review the traffic concerns and develop and implement a traffic control plan.
Incorporating both comments from the City Council/Agency, community members, school district,
developer and architect, many changes were negotiated and implemented. The details will
follow in the Discussion section of this repod.
This Agenda Statement is meant to summarize the issues as discussed at the previous public
hearing and from that obtained by written correspondence from members of the public and
provide information regarding how each issue has been resolved or to clarify information
previously presented. The Agenda Statement from the previous public hearing is also attached
(see Attachment 2). Also attached are the revised Ordinance adopting the Negative Declaration
and amending the zoning map which was modified to properly format the findings as previously
written (see Attachment 5) and the revised Ordinance approving the Precise Plan which was
modified to provide additional findings (see Attachment 6}.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), a Negative Declaration has been
prepared for the project. During the public review and comment period for the draft Negative
Declaration, a comment leJter was received from a member of the public, which raised
environmental concerns related to traffic and parking and commented upon the project
description. In response to the comment letter, Several factual corrections were made to the final
Negative Declaration, which did not change any of the conduslons of the draft Negative
Declaration. In order to approve the project, the Council would need to adopt the final Negative
Declaration, which was provided to the Council prior to the previous public hearing and
discussed during the hearing.
RECOMMENDATION
That the City Council and I~edeveJopment Agency take the following actions:
//-lO
PAGE 3, ITEM NO.:
MEETING DATE: .10/14/03
a) Adopt the City Council Ordinanc~ adopting the Negative Declarati0h and amending
the zoning map;
b) Adopt the City Council Ordinance approving the Precise Plan;
cl Adopt the Redevelopment Agency resolution approving the mixed-use proiect and the
Owner/Tenant. Participation Agree~,ent with the Chula Vista Elementary School District
and the MAAC Proiect; '
d) ~dopt the City Council resolution conditionally approving financial assistance for the
41 affordable senior units
,BOARDS/COMMISSIONS RECOMMENDATION
The Housing Advisory Commission reviewed and recommended unanimous approval of the
MAAC Proiect development and financial assistance for the Proiect on February 26, 2003 and on
April 23, 2003 respectively.
Following e~ensive discussion of the adequacy of the proposed off-street parking, the Resource
Conservation Commission unanimously recommended adoption of the Negative Declaration on
April 7, 2003.
The Design Review Comrnit~ee provided comments at two iniormal reviews of the Proiect
conducted on November 15, 2002 and March 3,. 2003. On April 21, 2003, the DRC cor~sidered
the Negative Declaration (IS-03-0081' Rezone application (PCZ-03-02) and Precise Plan
application (PCM-02-05) and recommended adoption of IS-03-008, PCZ-03-02 and PCM-03-21
to the Planning Commission by a 4-0 vote.
On May 14, 2003, the Planning Commission considered and recommended adoption of the
Negative Declaration, Rezone and Precise Plan to the City Council by a 6-0 vote (see A~tachrnent
4).
The proiect site is located at 825 Broadway between Sierra Way and 'K' Street and is currently
vacant. The site is owned by the Chula Vista Elementary School District and is adiacent to the
Chula Vista Charter School's recreation field. The proiect is'a combined Rezone and Precise Plan
proposal for an urban in-fill mixed-use project that will be developed by the MAAC Proiect.
The Proiect has been designed in cooperation with the Chula Vista Elementary School D/strict and
the Chula Vista Learning Charter School with the purpose of implementing an intergenerational
~change program. Ground floor community space including a community room, library and
service kltchen will provide the facilities to operate "Generations Together," a program to
cultivate th~ intergenerational exchange of experience between the senior residents and the
students of the adiacent Charter School. Examples of a~vities that will be provided include
culinary arts, arts and crafts, computer technology and graphic arts training.
II
PAGE 4, ITEM NO.:
MEETING DATE: 10/14/03
On June 10, 2003, the City Council heard public testimony for the proposed mixed-use project.
The issues that were raised at the hearing by the' public and Council members included:
· Zone change
· Traffic
· Parking ratio
· Setback reductions
· Balcony overhang
· Open Space reductions
· Environmental Review
· Limited noticing radius
· Quality of Life
The Council directed City staff to work with MAAC and the Chub Vista School District to resolve
these issues. In response, staff met with both the developer and School District on numerous
occasions and held several community meetings to update neighborhood residents about the
progress.
COMMUNITY OUTREACH
A community meeting was held on August 27, 2003, to present the information and changes that
had been made and to discuss additional efforts in place. The purpose of this meeting was to
update the community as to status of the project and to discuss what steps had been taken to
address the issues that both the City Council/Agency and members of the public had raised at the
hearing. Three members of the public attended the meeting and raised concerns that the
meeting notice was received too close to the date of the meeting, that the meeting was during the
end of the summer when many peopte may have been on vacation and that not enough residents
to the north of K street had been invited. The residents that attended agreed that the actions that
had already been implemented to address the concerns, particularly the closing of the gate on
Sierra Way at the Chub Vista Learning Charter School, had significantly improved the traffic
conditions within the neighborhood.
A second community meeting was held on October 1, 2003. Notices for the communi~/meeting
and this public hearing were sent 10 days prior to the date of the meeting to allow adequate time
for residents to prepare for the meeting. In addition, based on concerns raised at the August 27
meeting staff increased the noticing boundaries from 500 feet to approximately 1000 feet to
include more homeowners, particularly those north of K Street and east of the Chula Vista
Learning Charter School. This increased the number of mailings from 89 to approximately 430.
Two individuals amended the meeting where staff presented the Traffic Control Plan that had
been implemented on September 19~, providing the residents the opportunity to assess the
effectiveness of the Plan. In addition, staff addressed questions that had been posed at the
previous meeting .of August 27. At the conclusion of the meeting, one of the residents indicated
PAGE 5, ITEM NO.:
MEETING DATE: 10/14/03
that she was pleased with the changes that had been implemented and indicated that staff had
addressed the majority of her concerns. The resident did inquire as to the status of a letter from
the School District memorializing the agreement pertaining to the Traffic Control Plan. Staff has
requested such letter and is awaiting a response.~
Precise Plan
The Precise Plan for the proiect is designed to provide flexibility in the development of a project
including reduced setbacks, open space design and specific parking standards, which is
discussed further in the following sections. The Precise Plan guidelines are attached to the Precise
Plan Ordinance (see Attachment 5) as Exhibit "B".
Issue: Is a zone change really necessary.~
Response: The C-T zone in the CVMC does not allow mixed-used development. The request for
a rezone from the current C-T-P zone to a C-C-P zoning designation would allc~w the proposed
mixed-use project to be developed. The General Plan encourages mixed-use and residential
development along Broadway. Additionally, the City Council has adopted a Broadway
Revitalization Strategy that also promotes m/xed-use development. Staff believes that the zone
change is in keeping with the goals of the General Plan and the Redevelopment Plan, and will
allow the proposed project to be developed, thereby, introducing a quality mixed-use protect that
would improve the Broadway corridor.
.T, raffic
Issue: Existing traffic problem in the neighborhood surrounding the proiect. At the dote of the
previous public hearing the charter school was generating traffic that impacted the residential
streets during the morning drop-off period and the afternoon pick-up period. This was in large
part due to a gate located on Sierra Way that was open to the parents. In particular, the
neighbors were concerned that the proposed project would generate additional traffic that would
compound the exi~ng conditions.
Response: Staff and the Chub Vista Elementary School District met to discuss possible solutions.
Traffic Engineering worked with the School District regarding the traffic generated by the charter
school particularly on Sierra Way, Cedar Avenue, Date Avenue, Beech Avenue, East Park Lane,
and Ash Avenue (see Attachment 3-Figure 1). Parents and students had been using the school's
service gate .located near Sierra Way (see Attachment 3-Figure 2), which has impacted the
surrounding residences because parents parked their vehicles along these streets, and in some
cases blocked or partially blocked private driveways during drop-off and pick-up periods. The
School District recently agreed to close the gate thereby restricting access. Typi~lly, the City has
not' entered into a written agreement with the School District when similar plans have been
implemented at other schools, and there have been no confirmed cases in which either party was
in non-compliance. Nonetheless, a letter has been requested from the School District
memorializing this agreement. In a previous community meeting, neighbors reported to staff that
since the school closed the gate the traffic problem along Sierra Way and the residential streets
south of the school' has significantly diminished.
//-ta
PAGE 6. ITEM NO.:
MEETING DATE: 10/14/03
Engineering staff and the charter school developed a new traffic control system to distribute daily
pick-up and drop-off periods between K Street and the Broadway access points (see Attachment
3-Figure 3). The school has agreed to allow the~use of a portion of the paved playground during
the morning and afternoon peak hours as a turn around to allow parents to drop off and pick up
their children from the Broadway access point. The school has also issued a notice to parents
designating their drop off and pick up area. The concept is to distribute the school drop off and
pick up traffic evenly between the two access points and avoid an over concentration of traffic on
K Street or Broadway. The traffic control system has been implemented and is currently
operating. Since the implementation of the traffic control system the flow of traffic has improved
on K Street and the stacking of vehicles on Broadway has diminished.
The project will generate an estimated 340 daily trips. Staff anticipates the majority of these trips
will travel north and south along Broadway and a small number will travel east on Sierra Way
and K Street. The traffic control system operating during the peak drop-off and pick-up periods,
which is approximately 40 minutes each day, will allow the proiect residents to et~ter and exit the
project site without hindrance.
In summary, the gate at the Chula Vista Learning Charter School has been closed for drop off
and pick up of students thereby significantly decreasing vehicular traffic on Sierra Way and a
School Safety Patrol Division and Traffic Control Plan have been implemented, which include the
following major components:
a. Installing a new school crosswalk and marking "K" Street to include "SLOW SCHOOL
ZONE" on both approaches to the new school crosswalk.
b. Training for the School Patrol kid~ to safely implement the new crosswalk system
c. The School Distrid assigned drop off/pick-up locations for parents to better organize
circulation from the Broadway access road.
Parkinq
Issue: The redudion of on-site residential parking from 1.5 to a .8 space per residential unit and
the availability of adequate space for the retail portion of the project.
Response: The Chub Vista Municipal Code (CVMC) requires the project to provide designated
parking for both the residential and retail uses. The CVMC requires 74 spaces (63 for residential
parking and 11 for retail). The proposed Precise Plan for the subject site has been designed to
allow deviations in development standards for the development of urban infill proiec-~ such as the
MAAC Project senior development. The project is proposing a total of 45 spaces, a reduction of
29 spaces.
The current parking standard for a one-bedroom apartment is 1.5 spaces and 2 spaces for two
bedroom apartments. The residential portion of the project includes 41 one-bedroom units
exclusively for senior citizens and one two-bedroom unit for an apartment manager. Each unit
will have one designated parking space, anticipated to be sufficient because of the income
restridions on the project. This results in 42 designated spaces for 42 units and 3 for retail use.
PAGE 8,, ITEM NO.:
MEETING DATE: .10/'14/03
City Ratio
Carlsbad .5 to 1
Encinitas .75 to 1
Escondido 1 to 1
Approval of the Precise Plan for the project would allow a reduction in the required parking from
74 to 45 spaces. The change to the parking ratios was implemented due to the limited amount
of retail/commercial space, the amount of available street parking on Broadway, and comments
received by the community concerning the need to increase on-site residential parking. The
Precise Plan guidelines are a'ltached, as Exhibit "B', to the Precise Plan Ordinance (see
Attachment 5).
Setback Reductions
Issue: Building encroachments into the required setback standards.
Response: The CC zone in the CVMC requires the project to have a 25-foot front setback.
Approval of the Precise Plan would allow the building to have the reduced setback of six feet.
This setback is consistent with other existing retail/commercial uses in the general vicinity of the
projed site and is consistent with the Redevelopment Plan. The proposed setback will not impad
the public right-of-way. Included in this report is a cross section of the building as viewed from
the public'right-of-way (see Attachment 3-Figure 5). The reduced front setback brings the projed
closer to the public sidewalk, and allows for easy access to the retail uses for pedestrians as well
as motorists, typical in an urban setting.
~erhan_g
Issue: Concern regarding the projed's building encroachment into the required front setback.
Response: Approval of the Precise Plan would allow the building to maintain a 6-foot front
setback as measured from the side of the 10-foot wide public sidewalk furthest from Broadway.
The balcony overhang will project out approximately four feet from the face of the building, but
will be within the proposed 6-foot front setback and will not encroach within the public right of
way (see Attachment 3-Figure 5). Therefore, there is two feet between the balcony and the public
right of way.
Open Space Reduction
Issue: Reduction in the amount of open space.
Response: The CVMC requires the residential component to provide 400 square feet of
common open space per unit. In this case the proposed 42 units would be required to provide
16,800 square feet of open space. The project provides 6,100 square feet of total open space
an-site, which includes a large courtyard, a community room, lounge area, a library and a
recreation room. The project's unique 'U-shape' building design provides for an open space
courtyard that is partially enclosed by the building's three sides and screened from Broadway.
The courtyard faces the charter school's large playground, which the residents will have access to,
PAGE 7, ITEM NO.:
MEETING DATE: ,10/14/03
Staff worked with the MAAC Protect staff to revise the original residential par'King ratios to be
more consistent with the proposed use of the building and the surrounding area.
The revised parking standard includes 3 designated spaces for retail use. The retail component
of the project is appro~dmately 2,200 sqbare feet of neighborhood serving commercial.
Therefore, it is anticipated that the resldbnis of the projed and the surrounding neighbors will be
the primary customers of the retail uses. In addition, there is sufficient frontage along Broadway
to provide for public parking spaces for the retail uses, which has a 2-hour limit per space (see
Attachment 3-Figure 4). Staff has surveyed the available street parking on several occasions and
has observed that the majority of spaces are always available. Staff believes that allowing the
use of the 2-hour parking limit on Broadway is reasonable to satisfy the parking requirement for
the retail portion of the project because the minimum size of the retail space will likely limit its use
to Iow volume retail. Parking along Broadway is more easily accessible in contrast to the
projed's parking lot, which is located off the access road and screened by a landscaped wall.
Parking along Broadway is typical for existing retail uses; therefore utilizing street parking for the
retail podion of the projed will be consistent with the existing retail uses along Broadway.
Additionally, public transit is within a reasonable distance that services the site in 1 5-minute
intervals.
In response to concerns regarding the proposed amount of parking, staff also conducted a
parking survey of existing Senior developments. The local apartment communities that were
surveyed indicated that even though many of them have parking well below the 1:1 ratio they
had more than adequate parking for their residents. Therefore, staff anticipates that the
proposed parking ratio of 1:1 for the residential units should provide sufficient parking for the
residents.
# of Parking
Senior Apartment Communities # of Units Spaces Parking Ratio
CHULA VISTA
Canterbury Court 207 143 .69 to 1
Congregational Tower 186 45 .24 to 1
Kiku Gardens 100 50 .5 to 1
Oak Terrace 36 28 .78 to 1
Park Fifth Avenue 48 40 .83 to 1
Park Way West 13 7 .54 to I
Rolling Hills Gardens 116 116 1 to 1
Town Centre 60 26 .43 to !
Villa Serena 132 145 1.1 to 1
COUNTY
Morton House 153 17 .11 to 1
Brookview 102 118 1.16 to 1
Tyler Court 75 55 .73 to 1
Redwood .Villa 92 63 .68 to 1
//-/6
PAGE 9, ITEM NO.:
MEETING DATE: 1_0/14/03
thereby providing bath private on-site open space ond occessible off-site open space for the
project's residents as provided in a written agreement between the Chula Vista Elementary School
District and the MAAC Project. Staff believes that this will provide adequate and accessible open
space for the project residents.
Limited Noticinq Arvn '
Issue: The neighbors questioned the method of circulating the public notice, stating that the range
of sending notices to the other neighbors was not sufficient.
Response: Originally, staff prepared a public notice for circulation of the Initial Study using a
500-foot radius, by combining the proiect site and ex/sting Charter School site properly
boundaries. Subsequently, staff used only the projed site boundaries for public noticing for the
project's discretionary application. As a result, some of the properly owners who received a
notice for the initial study did not receive a notice for the discretionary application. In response to
concerns raised, staff extended the noticing boundaries for this public hearing to include
approximately 1000 feet, which increased the number of notices from 89 to approximately 430.
Issue: The neighbors are concerned that the proiect will diminish their quality of life due to the
placement of a mixed use project, which will include residential un/ts, along Broadway amongst
existing primarily non residential uses.
Response: The project site is currently zoned to allow for a variety of retail and commercial uses
along Broadway. Staff believes that this project provides an opportunity for development of a
more vibrant yet compatible use for the site, which will have a minimal impact on the traffic
within the area. Additionally, due to the current zoning of the site and because the site is owned
by the school district, significantly larger retail and commercial uses can be established that do
not require any City discretionary approvals. These potential uses could potentially be
incompatible with the surrounding neighborhood and may be potentially inconsistent with the
goals for the revitalization of Broadway.
FISCAL IMPACT
The MAAC Project has requested direct financial assistance of approximately $300,000, or
$7,317 per unit, from the City to close its financing gap of $1.7 million. Staff is recommending
that the City conditionally approve financial assistance, subject to future appropriation, in the
form of a residual receipts loan in an amount not to exceed $300,000 to be financed through the
City's Community Housing Development Organization (CHDO) Home Investment Partnership
Program funds.
The loan amount of $300,000 will be appropriated at the time of execution of the City Loan
Agreement, Regulatory Agreement, Deed of Trust, and Promissory Note for the Community
Housing Development Organization Home Investment Partnership Program. Funds for staff
services are budgeted in the staff services portion of the Housing Division budget. For additional
information regarding the project financing see A~tachment 2 Sections 8 through 10.
/I-/7
PAGE 10, ITEM NO.:
MEETING DATE: 10/14/03
ATTACHMENTS
1. Locator Map
2. June 10, 2003 Agenda Statement
3. Figure 1: Map of Impacted Streets
Figure 2: Gate Location '
Figure 3: Map of Traffic Control System
Figure 4: Parking on Broadway
Figure 5: Building/Balcony Setback
4. May 14, 2003 Planning Commission Minutes
Planning Commission Resolution for Rezone
Planning Commission Resolution for Negative Declaration and Precise Plan
5. Ordinance adopting the Negative Declaration and amending the zoning map
6. Ordinance approving the Precise Plan
7. Redevelopment Agency Resolution approving the mixed-use project and entering into an
OPA
8. City Council Resolution conditionally approving financial assistance
J:\COMMDEV~STAFF.REP\I 0-14-03\MAAC Project.doc
ATTACHMENT 1
CHULA VISTAPLANNINGAND BUILDING DEPARTMENT
PROJECT PROJECT DESCRIP31ON:
AP~UCANT: MAAC PROJECT ' MISCELLANEOUS
PROJECT
ADD~ESS: 825-841 BROADWAY Request: Proposal for a Precise Plan for a mixed use
~)mject cons!sting of 2,220 square feet units for senior
sc.~u.~ I ~LE NU~',E~: =itizens.
No Scale PCM-03-21 Related Case(s): SUPS-03-05
J:\home~planning\cher~ylc\locators\pcm0321.cdr 01.22.03 ! / _/¢~'
---'~-_%~[TAC HMENT.2
OF OCTOBER 14, 200
AGENDA STATEMEN'
PAGE 1, ITEM NO.:
MEETING DATE: ,06/10/03
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING TO ~ONSIDER (A) A PARCEL REZONE FROM
THOROUGHFARE. COMMERCIAL PRECISE PLAN (C-T-P) ZONE TO THE
pCELANNTRAL COMMERCIAL PRECISE PLAN (C-C-P) ZONE AND A (B) PRECJSI
(PCM-03-21) TO ALLOW FOR A MIXED-USE PR
INCLUDES: (1) 41 APARTMENTS AFFORD. ....... OJECT THAT
· ~oL~ /u vERY LOW-INCOME
SENIOR CITIZENS WITH ASSOCIATED SUPPORT SERVIcEs: 2
MANAGER'S APARTMENT; r3t 2e~ .......... ( ) ONE
(4) REDUCTIONS IN SETBACKS, ~)~I~K~i~uA.~,-FE-E~'---O.F RETAIL SPACE; AND
BROADWAY TO BE DEVELOPED BY TH~M~mu UPEN SPACE LOCATED 825
COMMITTEE (MAAC) PROJECT. ETROPOLITAN AREA ADVlSI
a. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
ADOPTING THE NEGATIVE DECLARATION (IS-03-008 A
AMENDING THEZONING MAp ESTABUSN ....... ) NI~
su UT 5EC'J'ION 19.18.010
OF THE MUNICIPAL CODE REZONING A 1-ACRE PARCEL LOCATED AT
825 BROADWAY FROM THE C-T-P (THOROUGHFARE COMMERCIAL,
PRECISE PLAN) ZONE TO THE C-C-P (CENTRAL COMMERCIAL,
PLAN) ZONE
b. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VIST~
APPROVING PRECISE PLAN (PCM-03-21) FOR A MIXED-US
AREA /rll~ 1-HE SOUTHWEsT REDEVELOPMENT PROJECT
c. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING THE MIXED-USE PROJECT AND ENTERING
AREA ADVISORY COMMITTEE r-o- ~L,.[;)/_S~..I_CT~AND THE METROPOLITAN
,~ ,n~ ~-UNSTRUCTION OF A M
RESIDENTIAL AND RETAIL D~' ........... IXED USE
d. RESOLUTION OF THE CITt' COUNCIL OF THE CITY OF CHULA
/UKG ~U'PKUPKIATION, IN c~Bu --. _ __
LOAN FROM HOME FUNDsTI~I,-E, ,.--..-m.¥.r ~ RESIDUAL RECEIPTS
'" ~" AMOUNT NOT-TO-EXCEED
~.',.'~m~'NT OF THE PROPOSED 42
PROJECT LOCATED AT 825 BROADWAY
~UBI~II'i'ED B~: COMMUNITY DEVELOPMENT DIRECTOR
~ PLANNING AND BUILDING DIRECTOR
RL~D BY: EXECUTIVE DIRECTOR
4/STNS VOTE: YES ~ NO ~-~
'. PAGE 2, ITEM NO.:
.. MEETING DATE: 06/10/03
-_
BACKGROUND
The Metropolitan ,~,rea Advisory Committee (MAAC) Project is a not-for-profit social service
agency that specializes in the development of housing for Iow-income individuals and families.
MAAC Project is proposing a mixed-use project on a 1-acre site located at 825-841 Broadway.
The site is located directly to the west Df the existing Chub Vista Learning Community Charter
School, on the corner of Sierra and Broadway. The site is being leased from the Chula Vista
Elementary School District for a term of 75 years.
The project, commonly known as Seniors on Broadway, ("Project") will include 41 one-bedroom
units affordable to very-low income seniors and 1 two-bedroom manager's unit. The community
space (6,100 sq. ft.) and retail (2,200 sq. fl.) portions of the Project's ground floor will comprise
approximately 8,300 square feet of the buildlng's total 40,000 square feet. The lessees for the
commercial/retail space have yet to be identified.
The Project has been designed in cooperation with the Chub Vista Elementary Scbool District and
the Chula Vista Learning Charter School with the purpose of implementing an intergenerational
exchange program. Ground floor community space including a community room, library and
service kitchen will provide the .facilities to operate "Generations Together," a program to
cultivate the intergenerational exchange of experience between the senior residents and the
students of the adjacent Charter School. Examples of activities that will be provided include
culinary aris, arts and crafts, computer techhology and graphic arts training.
Pursuant to the California Environmental Quali~/Act (CEQA), a Negative Declaration has been
prepared for the proposal. During the punic review and comment period for the draft Negative
Declaration, a comment letter was received from a member of the public, which will be further
discussed under the Community Response section of the staff report. The comment teffer and
staff's written responses are provided in A~tachment 3.
RECOMMENDATION
That the Ci~/Council and Redevelopment Agency take the following actions:
a) Adopt the City Council Ordinance adopting the Negative Declaration and Precise
Plan;
b) Adopt the City Council Ordinance amending the zoning map;
c) Adopt the Redevelopment Agency resolution approving the mixed-use project and the
Owner/Tenant Pa~icipation Agreement with the Chub Vista Elementary School District
and the MAAC Project;
d) Approve the Ci~/Council resolution conditionally approving financial assistance for
the 41 affordable senior units
PAGE 3, ITEM NO.:
MEETING DATE: 06/10/03
BOARDS/COMMISSIONS RECOMMENDATION
The Housing ^dvisor7 Commission reviewed and recommended approval of the MAAC Proiect
development and financial assistance for the P, roiect on February 26, 2003 and on April 23,
2003 respectively.
Following extensive discussion of the adequacy of the proposed off-street parking, the Resource
Conservation Commission recommended adoption of the Negative Declaration on April 7, 2003.
The Design Review Committee provided comments at two informal reviews of the Project
conducted on November 18, 2002 and March 3, 2003. The DRC recommended approval of the
Proiect on April 21, 2003.
'l'he Planning Commission recommended approval of the Proiect on May 14, 2003.
The proiect site is located at 825 Broadway between Sierra Way and 'K' Street and is currently
vacant. The site is owned by the Chula Vista Elementary School District and is adiacent to the
Chula Vista Charter School's recreation field. The proiect is a combined Rezone-and P,=cise Plan
proposal for an urban in-fill mixed-use proiect that will be developed by the MAAC Proiect. The
proposed proiect is one of two mixed-use proiects currently proposed along Broadway. The other.
m/xed-use proiect is proposed to be located at 760 Broadway and would be comprised of 40
lane homes and nine loft apartments above retail/commercial uses.
The project requires a Precise Plan in order to develop a functional mixed-use development on
the 1 -acre property. The proiect wil~ provide affordable housing 'for senior citizens and introduce
new commercial/retail uses that could potentially compliment the existing uses in the area. The
Precise Plan will allow flexibility of the development standards that would enable the developer to
develop the lot. The rezone from the C-T-P zone to the C-C-P zone is necessary because the
latter zone allows for m/xed-use development.
1. ..COMMUNITY RESPON$;
During the public review and comment period for the draft Negative Declaration, a comment
letter was received from a member of the public, which raised concerns related to traffic at the
Chula Vista Learning Community Charter School and a variety of other issues. In response, start:
requested that members of the City of Chula Vista Police Department School Resource division
monitor the school during the morning drop-off period. On two separate occasions, three
officers were sent to the site to monitor the traffic, during which some traffic congestion was noted
on Sierra Way but no other significant issues were found
In addition, staff received phone calls from the public regarding issues related to traffic, parking
and design. In particular, one member of the public was concerned that they had received notice
regarding the community meeting and the draft negat/ve declaration but not the Planning
PAGE 4, ITEM NO.:
MEETING DATE: 06/10/03
Commission public hearing. Staff researched this issue, and it was determined'-that the mailing
list that was prepared for the community meeting and draft Negative Declaration had included
an expanded area that extended beyond the legally required 500 foot radius. The mailing that
occurred for the Planning Commission hearing only included the statutorily required properties.
Therefore, in order to clarify the noticb'issue and provide the affected residents with adequate
time and opportunity to review the details of the Project, staff held a community meeting on May
29 that was attended by 8 neighborhood residents, including the individual who submitted the
environmental comment letter. ^dditionally, the public hearing was postponed from the June 3
Redevebpment Agency/City Council meeting to June 10. The residents are still concerned about
the development and its impact on their homes, but as a result of the May 29~h meeting have a
better understanding of the Proiect.
2. SITE CHARACTERISTICS
Seniors on Broadway is bordered by K Street to the north, Sierra Way to the South, Broadway to
the west and the Chula Vista Charter School to the east. The property is currently undeveloped,
and the surrounding area is commercial and residential.
3. GENERAL PLAN~ ZONINGr AND LAND USE
General Plan Zoninq Current Land Use
Site: Retail C-T-P Vacant
North: Retail CrT Courtney Tires/Furniture Store
South: Retail C-T Mortuary
East: Retail C-T-P Charter School
4. PROJECT DESCRIPTION
The Project will be developed on a 1 -acre site within the City's Southwest Redevelopment Area.
The Project includes: (1) 41 affordable to Iow-income apartments for senior citizens; (2) one
manager's apartment; (3) 2,219 square feet of retail space; (4) 6,100 square feet of community
and common open space on-site; (5) a Social Services annex; and (6) 45 on-site parking spaces.
Additional parking spaces will be located on Broadway to provide parking for the patrons of the
retail uses. Seniors on Broadway will have direct access from Broadway by a driveway located at
the north end of the Project site.
The Project has been designed as a three-story "Un shape building with retail/commercial at
ground level and residential on the second and third levels. The parking area is adjacent and
north of the building, and is screened from view along Broadway by an architecturally designed
wall that will connect the social services kiosk at the northwest corner of the site to the main
building.
Each apartment will have a floor area of 534 square feet and will include one bedroom. The
manager's apartment will have a floor area of 814 square feet with two-bedrooms. The
PAGE S, ITEM NO.:
MEETING DATE: .06/10/03
apartments will be located above the retail/commercial uses and will reach a height of
approximately 35 feet. The Project will provide 6,100 square feet of on-site open space. The
open space includes a large courtyard, community room, lounge area, and library. The Charter
School's recreation field will provide additional off-site open space for use by the Project
residents. The proposed social serVices annex Will provide serVices and programs to assist the
on-site residents. Other oh-site impro~;ements include landscaping, lighting, drainage facilities
and paved parking.
5. DEVELOPMENT STANDARDS
The proposed C-C-P zone would allow mixed-use proiects when the residential developments
meet the R-3 zone development standards identified in the following table:
Standards (C-C Zone) Minimum
Required Proposed
Front Yard Setback 25 feet Retail-Apt: 5 feet*
Ext. Side Yard Setback None None
Rear Yard Setback: None None
Hei~/ht: 45 feet Retail-Apt: 35 feet
Parking (off-street)**: 74 spaces 45 On-site*
Standards (R-3 Zone) Minimum
Required Proposed
Front Yard Setback 15 feet Apartments: 6 feet (incl. balconies)*
Side Yard Setbacks 17 feet Apartments: 5 feet*
Rear Yard Setback 15 feet Apartments: 6 feet*
Height 28 feet Apartments: 35.5 feet*
Parking 63 spaces Apartments: 35 spaces*
) R-3 zones per Sections 19.56.040 and 19.56.04] of the CVMC.
** Requested flexibility from Section 19.58.205(D), independ.nt residential/commercial parking, per Sections 19.56.040
and 041of the CVMC.
6. ANALYSIS
The Project has been evaluated in accordance with the Chula Vista Design Manual (CVDM), the
Zoning Ordinance and the applicable provisions of the General Plan. The General Plan
(Chapter 10 Section 5.9) states that medium to high density residential development is potentially
desirable along certain sections of Broadway. The General Plan states that mixed-use
development should consider access, appropriate setbacks and screening from any adjacent
non-compatible uses, and that implementation of this policy should consider a special zone or
land use overlay that would establish specific development criteria for project design. Staff
believes the project as described is consistent with the General Plan, however as designed to
maximize the use of the site with a functional mixed-use project is deficient in meeting the
setback, residential parking and open space requirements of the Zoning Ordinance. City Council
PAGE 6, ITEM NO.:
MEETING DATE: 06/10/03
approval of the approval of the Precise Plan will allow the Project to deviate ~rom the Zoning
Ordinance development standards.
Re~,one ~
The proposed rezone from the C-T-P zone to'the C-C-P zone is requested by the developer and
properly owner because the C-C- P zone allows mixed-use development while the C-T-P zone
does not. Both zones are consistent with the General Plan Land Use Element, which designates
this area retail commercial. The CC zone will contribute to the public convenience and general
welfare by further assisting the City's efforts to satisfy the goals and objectives of Redevelopment
Agency and Chapter 10, Section 5.9, of the General Plan.
Precise Plan
Section 19.56.041 (B) states that the properly or area to which the P modifying district is applied,
is adjacent and contiguous to a zone allowing different uses, and the development of the Precise
Plan will allow the area designated to coexist between land uses which might otherwise prove
incompatible. The zones surrounding the site include Thoroughfare Commercial (C-T) to the
north and south, which allows a variety of retail and commercial uses, and Thoroughfare
Commercial, Precise Plan (C-T-P) to the east, which is the Chula Vista Charter School. Single-
family dwellings are further to the east.
The site is requested to be zoned Central Commercial with a Precise Plan modifier (C-C-P), it is
also subject to the development standards of the C-C and R~3 zone because the Project is a
mixed-use retail/commercial and residential development. The existing development standards
limit the developer's potential to maximize the use of the site with the Project. The project has
been designed with a high density residential concept with building encroachments into the
required setbacks, reduced common open space, reduced on-site parking spaces, and the
incorporation of a combined residential and retail parking area. These deviations are warranted
given the constraints to the site and the intent to develop the site with a functional use to meet the
policies of the General Plan.
The mixed-use proied's site design allows the proposed uses to function cohesively with the
surrounding uses, while visually and economically enhancing the area and promoting a
beneficial development for the general welfare of the citizens in the area and the City. The
Precise Plan can allow the Project to deviate from the development standards in an effort to
develop the site with a feasible mixed-use Project.
Buildinq Setbacks
Without the Precise Plan the Projed will be subject to the proposed C-C zone 25-foot front yard
setback requirement. The Project proposes a building setback of 6 feet front from the public
right-of-way along Broadway. The balconies for the apartments facing Broadway will also
encroach into this setback. The Project does not meet the building setback standards because of
the size of the site and the proposed site design, which is intended to characterize an urban
mixed-use development. However, the Project's proposed front yard setback is similar to the
setbacks of other.retail/commercial buildings along Broadway, and would be in keeping with the
General Plan goals of creating a more intensive urban environment along Broadway. The
//-
PAGE 7, ITEM NO.:.
MEETING DATE: 06/10/03
Precise Plan can allow for the redudion in the setback standards.
Parkinq
The site will contain residential and retail uses that have specific parking requirements as noted in
the Development Standards Table above. Based on the residential uses and retail/commercial
square footage, the CVMC requires 74 'parking spaces for the Project. Additionally, the code
requires that residential and retail parking need to be independent. However, the lot size and
project design limits the project's ability to satisfy the number of parking spaces and separate
residential and retail parking requirements on-site. The Precise Plan would allow for the
reduction of on-site parking.
The Project proposes a total of 45 parking spaces on-site. Approximately 34 spaces will be for
residential use, and the remaining 11 spaces will be for retail/cornmerclal parking for the project.
Additional on-street parking will be available along Broadway and Sierra Way. The curbside
parking is limited to 2-hour parking and can be used for loading, patrons and residents or
guests. The developer's request for a reduction in the parking standards from the required 1.5 to
.5 per residential unit is necessitated by the lot size, the project's design, other on-site
requirements (trash enclosures, open space) and the mixed-use nature of the project.
Additionally, there is a bus line that services the site in 15-minute intervals. Parking for the Project
is shown in the table below.
MAAC Seniors on Broadway Parking Table
Parking Type Parking Project Proposed Additional
Standard Requirement On-street parking
Retail/Commercial 1:200 sq.ft. 11 11 12-Sharecl*
Residential :1.5:1 du 63 21 (.5:1 du) 12-Shared*
Supplemental N/A N/A 13 12-Shared*
Residential
~e property along Broadway and typical standa~ curbside parking spaces.
The strict application of the City's parking standards would make the proposed Project infeasible.
The City has approved other mixed-use projects including Main Plaza which required a reduction
in parking standards.
To determine whether the proposed parking reduction was reasonable in this case, staff
contacted ~vo other cities in San Diego County, with similar urban characteristics, regarding the
parking standards for senior housing developments. The City of La Mesa eva~uates parking for
senior projects on a case-by-case basis. ~ development of 129 units was approved with a .4
parking space per unit, and another project of 81 units was approved using a .5 space per unit.
The City of El Cajon uses a .5 space per unit standard for all senior and disabled developments.
Although the developments illustrated above were strictly senior housing developments, and not
necessarily mixed-use projects, they provide a standard for what other local jurisdictions have
determined to be acceptable. Since neither city indicated that they were experiencing problems
with the .5 space per unit ratio for senior hobsing projects, staff recommended that standard to
the Planning CoMmission, and the Commission voted to forward that standard to Council for
PAGE 8, ITEM NO.:
MEETING DATE: 06/10/03
adoption as part of the precise plan. Although, the City has not previously approved affordable
housing developments with this level of reduced parking, based upon the income level of the
residents, the availability of public transportation, availability of a shuttle provided by the MAAC
Project, the limited amount of retail/commercial space, and the limited size of the development
site staff supports the proposed parking ratio.
Common Open Space
The Project will provide approximately 6,100 square feet of common open space on-site for the
residents. The open space consists an open landscaped courtyard, library, community room and
lounges. Without the Precise Plan, the residential component of the mixed-use project is subject
to the R-3 zone development standards. In this case, the common open space requirement is
400 square feet per unit (400 s.f. x 42 units = 16,800 s.f.), therefore; the Project does not meet
the common open space standard. However, the Precise Plan can allow for variations from the
common open space standard. Staff is recommending approval of the variation in the open
space standard for the three related reasons: 1) The restrictions on occupancy of this Project to
very-low income seniors; 2) the amenities provided that are geared towc~rd the intended
residents; and 3) the availability of adjacent school grounds during non-school hours. The Chula
Vista Elementary School District and developer have entered into a written agreement stating that
the residents can use the Charter School's activity field adjacent to the Project for outdoor
activities.
7. AFFORDABILITY
The developer is proposing to pursue tax credit financing to fund a portion of this Project. For tax
credit financing, Section 142 of the Internal Revenue Services Code, requires a minimum of
twenty perCent of the rental units in the Project to be available for occupancy by persons or
families whose income does not exceed 50 percent of the median income for the San Diego
Primary Metropolitan Statistical Area, or alternatively, at least 40 percent of the rental units are
required to be available for occupancy by persons or families whose income does not exceed 60
percent of the Area Median Income (AMI) for the Area. In each case, the units are to be made
available at affordable rents established by the applicable State law.
It is proposed that all 41 units will be affordable to and restricted for occupancy by very Iow-
income senior households of 62 years and older. Therefore, 21 units will be affordable to very
Iow-lncome occupants at 50 percent of AMI, (currently $31,900 a year for a family of four) and
the remaining 20 units will be available to very Iow-income households at 45 percent of AMI,
(currently $28,700 a year for a family of four). The restricted rents will be based upon HUD
income limits established for the current fiscal year.
mmmmm
45% 20 $507 $691 $121,680
50% 21 $576 $691 $145,152
Manager's Unit - 1 $676 $877 $8,112
PAGE 9, ITEM NO.:
MEETING DATE: .06/10/03
It is proposed that the income, rent, and age restrictions for the Seniors on Broadway
development will be maintained for a period not less than fifty-five years, as is required by the
State Tax Allocation Committee ('I'CAC). The income and rent restrictions outlined above are to
be incorporated into the Regulatory and Loan Agreements for both the tax credits and the City
Loan, which will be recorded agaihst, the properly. The affordable housing commitment will bind
all subsequent owners o~ Seniors on Broadway, so that the commitment remains in force
regardless of ownership, except in limited circumstances following a default and foreclosure on
the Project.
The Regulatory Agreement between the Housing Authority and the developer for the tax credit
financing will restrict 100 percent of the units, excepting the manager's unit, (41 units) for
occupancy by very Iow-income households at 50 percent or less of AMI. The restriction of these
units will be allocated through the 107 remaining units per Proposition C, which authorized the
development, construction and acquisition of 400 units of housing for persons of Iow-income
(Article XXXIV of the State Constitution). The Tax Credit financing will also require an independent
regulatory agreement restricting units for occupancy by very Iow-income households and will also
require a regulatory audit and annual tax credit certification. Compliance with strict property
management policies and procedures will also ensure that income and rent restrictions will be
maintained for the full 55-year compliance.period.
8. ,PROPOSED FINANCING OF PROJECT
Financing and development of this Project is a ioint private-public partnership. The developer will
be using Low Income Housing Tax Credit financing to support the maiority of the estimated $5.5
million cost of constructing the Project. MAAC Project will apply for approximately $3.8 million in
Low Income Housing Tax Credits. This will cover approximately 69 percent of the total
development costs.
With rents restricted to 45 and 50 percent of the Area Median Income (AMI) for a period of 55
years, the net operating income is insufficient to support a loan large enough to cover the proiect
costs. Therefore, there remains a financing gap of approximately $I .7milllon. It is proposed that
the remaining financing gap of $1 .Tmillion will be met by a combination of developer equity,
State Affordable Housing Program funds, private funds, and City assistance. The developer has
committed to deferring 4 percent of their fee as the developer of the Project for c~ total of
$22,955.
The MAAC Project has requested direct financial assistance of approximately $300,000, or
$7,317 per unit, from the City to close this financing gap. Staff is recommending that the City
conditionally approve financial assistance, subject to future appropriation, in the form of a
residual receipts loan in an amount not to exceed $300,000 to be financed through the Ci~s
Community Housing Development Organization (CHDO) Home Investment Partnership Program
funds. Every year the City receives funds that must be used solely by a ~certified" Community
Housing Development Organization (CHDO). This year the City released a Request for Proposals
for $500,000 in CHDO funds. The MAAC Project was the only organization to respond.
PAGE 10, ITEM NO.:
MEETING DATE: 06,/10/03
Cost Funds Financing
Gap
Project Cost: $ 5,461,594
Sources of Funds: ~
Tax Credit Financing $ 3,796,2291
Permanent Loan $ 1,142,41(~
Affordable Housing Program $ 200,00C
Subtotal $ 5,138,639 $ 322,955
Subsidies:
Developer Deferred Fee $ 22.955
City Subsidy (HOME) $ 300,00C
Subtotal $ 322,955
TOTAL $ 5,461,594 $ 5.461,594 $
Cost per Unit (41Units) $ 133,210
City Subsidy per Unit · $ 7,317
City Leverage $16 to $1
Project Development Costs
Development costs are one of the key variables determining the need for subsidies. It is
important, that those costs be reasonable. At a total project cost of approximately $5.5 million
including land, the average residential unit cost of approximately $133,210 is consistent with
typical affordable new construction for smaller senior developments.
Subsidy Analysis
The degree of leveraging of City Housing funds is an important factor which staff takes into
account in the evaluation of affordable housing proposals. In evaluating a proposal, staff
reviews the developer's track record, success in securing public and private financing, ability to
complete projecls on time and on budget and demonstrated ability to highly leverage City funds.
The MAAC Project has successfully demonstrated these qualities in other previously developed
affordable housing projects including the Laurel Tree Apartments in Carlsbad, the San Martin de
Partes housing development in San Diego, and the award winning Mercado Project in Barrio
Logan.
In most cases staff has been using a minimum of 5 1o 1 ratio as a general leveraging standard of
City funds, which encourages developers to be more competitive and creative. The proposed
City's assistance to this Projed equates to an average of $7,317 per unit and amounts to a very
high leveraging of $18 in private funds for every $1 of City funds.
Form of Assistance
Ci~/assistance will be provided in the form of a residual receipts loan secured by a promissory
note and deed of trust. Repayment of the loan will be deferred during construction. Once the
City has issued a'certificate of occupancy for all the units, the outstanding principal and interest
PAGE 11, ITEM NO.:
MEETING DATE: .06/10/03
on the loan will be amortized over fifty-five years. The outstanding balance s~al~ accrue with
simple interest at 3 percent per annum. Payment of prlncipal and interest, or portions thereof, on
the City loan shall be made on an annual basis, out of a fund equal to fifty (50%) percent of the
net cash flow of the Project after debt service on 'bonds, payment of deferred developer fee, and
reasonable operating expe0ses have been paid (Residual Receipts).
9. .DEVELOPMENT RISKS
In its role as lender to the Project, the City is exposed to three risks inherent to real estate
development. These risks generally include: 1) Predevelopment-project does not get to
construction, 2) Construction-project cannot be completed, cost overruns, contractor problems,
and 3) Operation-revenues do not cover expenses. Adding to these risks, the City's financial
assistance will be subordinated to conventional financing. While the City is vulnerable and may
face the loss of its loan due to its subordinated financing, subordination is necessary to attract the
private financing for the majority of the development costs.
A number of factors mitigate these risks. First, the development team has signlf~cant experience
and an excellent track record. The presence of other major financial commitments, such as the
tax credit investments, means that other stakeholders depend on the short and long-term success
of the project. By its nature, affordable housing presents some, but very limited market risk
because of the deeply discounted rents. There is significant demand for these units and the
vacancy rate b Iow. The revenue bas~ is very reliable. The operating costs of the Project are
standard. Should problems occur, the City will be involved with the Developer to assure proper
handling.
10. .CONDITIONS OF FUblDING
It is recommended that funding for Seniors on Broadway be conditional as follows:
1. Approval of other Funding: Developer must secure all other funding necessary to fund the
Project.
2. Maximum Funding Level: The City assistance is based upon information presented ~rlthin the
Affordable Housing Review Application for the Project as submitted by the MAAC Project. It is
expected that any substantive revisions in the financing assumptions, which would lead to an
increase in other resources available, would therefore reduce the level of City assistance. The
City assistance is a maximum level of participation.
3. Environmental Review and Land Use Approvals: All necessary review and approvals must be
obtained.
4. Properh/Management: Developer must select a qualified property management firm to
manage the Project.
5. Successful negotiation of an agreement with the City, which includes, among other things, the
following:
PAGE 12, ITEM NO,,:
MEETING DATE: 06/10/03
a) Funds shall be used only for those costs directly related to the residential units of the
Project.
b) The loan repayment will be secured by a Deed of Trust and Promissory note for the
properly on behalf of the. City of Chula Vista and recorded against the Projed
properly.
c) The term of the loan shall be fifl~-five (55) years.
d) The outstanding balance shall accrue with simple interest at 3 percent per annum.
e) Payment of principal and interest on the City loan shall be made, on an annual basis,
out of a fund equal to fifty percent (50%) of the "Residual Receipts', rental income from
the Project minus debt service on the bonds, payment of the deferred developer fee,
and reasonable operating expenses.
f) Developer will be required to operate the Project consistent wit~ the Regulatory
Agreement required by the Project's tax credit financing, the covenants imposed by the
Agreement, and any other project requirements.
g) Devebper shall enter into a loan agreement with the City consistent with the terms set
forth above and with such other terms as shall be required or approvec[ by the Ci~
Attorney.
h) This conditional approval remains subject to final approval by the City in its sole
discretion.
1 1~ ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the Seniors on Broadway Project for
compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-
03-008 in accordance with the California Environmental Quality Act. Based upon the results of
the initial study, the Environmental Review Coordinator has determined that there is no
substantial evidence, in light of the whole record before the City of Chub Vista, that the Project
may have a significant effect on the environment; therefore, the Environmental Review
Coordinator has prepared a Negative Declaration, IS-03-008.
12. CONCLUSION
The mixed-use Project is a unique urban-infill project that introduces new retail and affordable
residential uses along Broadway. The Project's design and intent to maximize the use of the site
with a functional development precludes the Project from meeting the development standards in
the C-C zone. However, due to the type and design of the project staff is recommending
approval of the deviations requested through the Precise Plan. Staff believes that the Project will
enhance the area and potentially become a model for architectural design for future
PAGE 13, ITEM NO.:
MEETING DATE: 06/10/03
development. Staff recommends that the ~City Council adopt the Negative Declaration and
approve the Rezone and Precise Plan.
Staff also recommends that the City Council approve the resolution conditionally approving
financial assistance, subject to future appropriation, in an amount not-to-exceed $300,000 from
the City's HOME funds. Staff's recommendation is based upon the following:
· The proposal's effectiveness in serving the City's housing needs and priorities as expressed in
the Housing Element of the General Plan and the HUD Consolidated Plan.
· The intent of the City to attempt to provide affordable housing opportunities to households
earning at or below 50% of AMI in order to receive future credits as outlined in the Housing
Element of the General Plan.
FISCAL IMPACT
The loan amount of $300,000 will be appropriated at the time of execution of the City Loan
Agreement, Regulatory Agreement, Deed of Trust, and Promissory Note for the Community
Housing Development Organization Home lnvestn.ent Partnership Program. Funds for staff
services are budgeted in the staff services portion of the Housing Division budget.
ATTACHMENTS
1. Locator Map
2. Negative Declaration
3. Comment Letter on Negative Declaration IS-03-008 and Staff Response Letter
J:\COMMDEV~TAFF.REP~06-10-O3~v~C Project Seniors on Broadway.doc
ATTACHMENT 3
IMPACTED STREET MAP
(t'MPACTED ~, I KEEl'S t*N YELLOW)
FIGURE I
ATTACHMENT 3
CLOSED GATE LOCATION
F~GURE 2
//~
ATTACHMENT 3
~P= TH-I? C~_."T [~,
~.~---'~A' ~'~7~: ~._~
TRAFFIC CONTROL SYSTEI~I
FI'GURE 3
ATTACHMENT 3
PARK~'NG ON BROADWAY
ON STREE~
PARKZNG
FI'GURE 4
ATTACHMENT 3
BUILDING/BALCONY SETBACK ~r~ ~-, ,4
APAJ~TME~T
STOREFRONT
BEOADWAY SIDEWALK 4'-.o" ~
BALCONY OVERHANG ALONG PROPERTY LINE
CHULA VISTA SENIOR HOUSING & MIXED USE DEVELOPMENT
MAAC PROJECT RODRIGUEZ * SIMON DESIGN ASSOCIATES
AUGUST 29, 2003
FXGURE 5
,/ /- ~ '7
ATTACHMENT
PJanning Commission Minutes 1 ~ - May 14, 2003
5. PUBLIC HEARING: Negative Declaration (IS 03-08); Rezone (PCZ 03-02) from
the Thoroughfare Commercial, Precise Plan {CTP) zone to
the Central Commercial Precise Plan (CCP) zone; and
Precise Plan (PCM 03-21) to allow for a mixes-use project
that includes: 1) 41 apartments affordable to Iow income
senior 'citizens with associated support services; 2) one
manager's apartment; 3) 2,219 sf of retail space; and 4)
reductions in setbacks, parking and open space. The
project site is located at 825 Broadway. Developer: MAAC.
Commissioner Hall stepped down from the dais and left the meeting as he had
another commitment to attend.
Background: The proposal is to develop a project on a 1-acre site surrounded by
commercial uses and located within the City Southwest Redevelopment Area. The
project includes 41 affordable apartments for senior citizens, one manager's
apartment, 2,219 sf of retail space, 6,100 sf of community and common open space
on-site, a social services kiosk, and 45 on-site parking spaces with additional on-
street parking spaces along Broadway and Sierra Way for patrons of the retail uses.
The project has been designed as a three story "U" shape building with retail at
ground level and residential on the second and third levels.
Based on the square footage of the project, the CVMC requires 74 parking spaces for
the project. The project proposes a total of 45 parking spaces with approximately 34
spaces designated for residential use, and the remaining 11 spaces for supplemental
parking for the project and additional on-street parking along Broadway and Sierra
Way.
Staff Recommendation: That the Planning Commission recommends adoption of
the ordinance for a Rezone and recommends adoption of the Negative Declaration
and Precise Plan Ordinance based on the findings and conditions contained therein
for the mixed-use project.
Commission Discussion:
Commissioner Cortes asked for clarification on the calculations for parking
req uirements.
John Schmitz, Principal Planner stated that both Planning and Community
Development staff did research to find out what is a typical parking requirement for a
senior project such as this. Their research found that half a space per unit is a fair
standard because for a variety of reasons, not everybody will have a vehicle. The fact
ATTACHMENT 4
Planning Commission Minutes - 12 - May 14, 2003
that this is an age-restricted project on a street that is served by public transit and in
close proximity with other services in the area, staff was willing 'to recommend
approval of the parking reduction.
Public Hearing Opened 9:40.
Lee Bates, 22 W. '35th Street, National City, CA, Project Manager for the MAAC
Project addressed the eligibility issue and stated that in California a Senior can be
defined as a person 55 years or older. In larger scale projects the 55 year
requirement is most prevalent, however, because this is a smalPscale project, in
comparison, the requirement will be 62 years of age or older.
They are pursuing affordable housing financing through a federal program called 202
Elderly Housing and the other is a 9% tax credit administered by the State.
Cmr. Castaneda inquired what means would be used to identify resident eligibility
and if the project's eligibility can be restricted to Chula Vista residents. He also asked
about the kiosk use.
Mr. Bates stated that they have to abide by strict Fair Housing Laws and because of
the tremendous waiting lists that usually develop with projects such as this, most
likely they would determine to do a lottery off of a waiting list.
Secondly, as previously stated, because the majority of the financing for the project is
coming from Federal and State funding, under the Federal statute, the eligibility for
the units and the way to access those units is based on Fair Housing Laws, which
require that the units be availability to the general public on a first-come-first-serve
basis.
Mr. Schmitz stated that the kiosk is an annex of the building and it is to provide social
services strictly to residents of the building.
Public Hearing closed 9:55.
Notwithstanding the Commission's disappointment that eligibility cannot be restricted
solely to Chula Vista residents, the consensus was that overall the project uses and
density are suitable for this area, is in line with the vision set forth for the
redevelopment of this area, and will provide a valuable service to the community.
MSC (Cortes/Felber) (4-0-0-3) that the Planning Commission recommends
adoption of the ordinance for a Rezone and recommends adoption of the
Negative Declaration and Precise Plan Ordinance based on the findings and
conditions contained therein for the mixed-use project. Motion carried
ATTACHMEN'I
i~ESO[.,UTIO~ ~O. PC~ 03-0~
CITY OF CHULA ~STA ~CO~ED~G T~T THE CITY
CO~C~ ~PROVE A ~ZONE (PC~03-02) OF A ONE
AC~ P~CEL ~OM TH~ROUGHFA~ COMMERCIAL,
P~CISE PLAN (C-~-P) TO CENT~L COMMERCI~,
P~CISE PLAN (C-C-P) LOCATED AT 825 BRO~WAY.
WHEREAS, a duly verified application for a Rezone was filed on July 31, 2002, with the
City of Chula Vista Planning Department by the Metropolitan Area Advisory Conmaittee
(IvlAAC) "Developer"; and
WHEREAS, said Developer requests approval of the Rezone a 1-acre parcel from
Thoroughfare Commercial, Precise Plan Modifier (C-T-P) to Central Commercial Precise Plan
Modifier (C-C-P); and
WHEREAS, the Enviromnental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has prepared a Negative Declaration, which has been
recommended for adoption by the Resource Conservation Commission on April 21, 2003; and
WHEREAS, the Planning Director set the time and place for a hearing on said Rezone
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City and its mailing to property owners and residents within 500 feet
of the exterior boundaries of the property at least 10 days prior to the heating; and
WHEREAS, the hearing was held at the time and place as advertised, namely May 14,
2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, after considering ali reports, evidence, and testimony presented at said
public hearing with respect to the Rezone application, the Planning Commission voted to
recommend approval of the Rezone (PCZ-03-02); and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COM1ViISSION
does hereby recommend that the City Council adopt the attached Resolution approving Rezone
(PCZ-03~02) in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the Developer.
ATTACHMENT
PASSED AND APPROVED By THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of May 2003, by the following vote, to wit:
AYtgS: O'NEILL, CORTES, CASTANEDA, FELBER
NOES: ~~
ABSTAIN:
ABSENT: HOM, MADRID, HALL
.. 7u~s HalI, Chair ~
ATTEST:
J~Planning\Miehael\PCC Reporls~PCZ-03-02
ATTACHMENT
RESOLUTION NO. PCM 03-21
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMEDING THAT TIlE
REDEVELOPMENT AGENCY ADOPT NEGATIVE
DECLARATION (IS-03-008)"AND AN ORDINANCE FOR A
PRECISE, PLAN ALLOWING THE DEVELOPMENT OF A
RESIDENTIAL AND RETAIL MIXED-USE PROJECT
LOCATED AT 825 BROADWAY.
WHEREAS, a duly verified application for a Precise Plan was filed January 10, 2003,
with the City of Chula Vista Planning Department by the Metropolitan Area Advisory
Committee (MA_AC) "Developer"; and
WHEREAS, said Developer requests approval of the Precise Plan to allow for a mixed-
use project that includes 41 apartments affordable to low-income senior citizens, a manager's
unit, 2,219 square feet of retail/commercial space, open space and off-street parking; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has prepared a Negative .Declaration, which has been
recommended for adoption by the Resource Conservation Commission on April 2 I, 2003; and
WHEREAS, the Planning Director set the time and plfice for a hearing on said Precise
Plan and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners and residents
within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing;
and
WHEP,~AS, the heating was held at the time and place as advertised, namely May 14,
2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Precise Plan application, the Planning Commission voted
__ to recommend adoption of the Negative Declaration (IS-03-008) and approval of the
Precise Plan (PCM-03-21); and
NOW, THEREFORE; BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the Redevelopment Agency adopt the attached Negative
Declaration (IS-03-008) and the draft Ordinance for Precise Plan (PCM-03-21) in accordance
with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Redevelopment Agency and the Develope[.
ATTACHMENT,
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of May 2003, by the following vote, to wit:
NOES:
ABSTAIN:
ABSENT: HOM, MADRID, HALL . //~s Hall, Chai~ ~
ATTEST:
Diana Vargas, Secretary
J\Plannin gWiichaeI\MAAC~CM -03 -21
, . Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT '
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of 'all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, matedal supplier.
Metrooolitan Area Advisory Committee See attached certified copy of
(MAAC Project) Board of Directors/Executive Managers
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shams in the corporation or owning any partnership interest
in the partnership.
N^
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
Same as ~1) above
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes No
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
Carlos Rodr~,,~. Architect
Jan Laufik, Development Director
L~e Bates, Pro,~ect Manager
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes No xx If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAC~,S-~$ N/ECESSARY)
Date:
' ~ ~'" ~ Signature of c~nt~actd~/applicant
Mitchell Thomoson
Print or type name of contractor/applicant
* Person is defined as: ".4ny individual, firm, co-partnership, joint venture, association, social club, freaternal organization, corporation,
estate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district, or other political subdivision, or any
other group or combination acting as a unit.
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other Official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, matedal supplier.
H~rnpnl~ ~ Ar~,a Adv~nry ~nmm~ SEE ATTACHED LIST
(MAAC Pro,~ect~ EXECTTTTV~ MANAC~ERR g
BOARD OF DIRECTORS
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes __ No x~
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
.Tan I,mufik. Development Director
Lee Bates. Pro~ect Manager
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes No x~ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES. AS NECESS~,RY1/]
Signature df c~tractor/applicant
Mitchell Thompson
Print or type name of contractor/applicant
* Person is defined as: "An), mdividuaL firm. co-partnership, joint venture, association, social club, freaternal organization, corporation.
estate, trust, receiver. ~. ~dicate. this and any other county, city and count~, city rnunicipali~. '. d~trict, or other political subdivision, or any
SECOND READING AND
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE NEGATIVE DECLARATION
(IS-03-008) AND AMENDING THE ZONING MAP
ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL
CODE REZONING A 1-ACRE PARCEL LOCATED AT 825
BROADWAY FROM THE C-T-P (THOROUGHFARE
COMMERCIAL, PRECISE PLAN) ZONE TO THE C-C-P
(CENTRAL COMMERCIAL, PRECISE PLAN) ZONE
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of 1-acre located at 825 Broadway ("Project Site or Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on July 31, 2002, a Rezone application was filed by the Metropolitan Area
Advisory Committee (MAAC) ("Developer") with the Planning and Building Department of the
City of Chula Vista requesting an amendment to the adopted Zoning map or maps established by
Section 19.18.010 of the Chula Vista Municipal Code in order to rezone a 1-acre parcel located
at 825 Broadway from C-T-P, Thoroughfare Commercial Precise, Plan to C-C-P, Central
Commercial, Precise Plan Zoning District ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on May 14, 2003, and after hearing staff presentation and public testimony, voted 4-0 to
recommend that the City Council approve the Project, in accordance with the findings listed
below; and
D. Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on said
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of
the exterior boundary of the Project, at least ten (10) days prior to the heating; and,
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on May 14, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after heating
staff presentation and public testimony, voted 4-0 to recommend that the City Council approve
the Project, in accordance with the findings listed below; and,
WHEREAS, The proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on May 14, 2003, and the minutes and
resolution resulting there from, are hereby incorporated into the record of this proceedings; and,
Ordinance
Page 2
E. City Council Record on Application
WHEREAS, the City Council held an advertised public heating on the Project on June
10, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, the Council voted 5-0 to table the item to a date uncertain to
address several concerns that were raised at the hearing; and,
WHEREAS, the City Clerk set the time and place for the heating on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 1,000 ft.
of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and,
F. Discretionary Approval of Ordinance
WHEREAS, a duly called and noticed public heating on the Project was held before the
Redevelopment Agency of the City of Chula Vista on the Project and to receive the
reconunendations of the Planning Commission, and to hear public testimony with regard to the
same.
II The City Council of the City Chula Vista does hereby ordain as follows:
Section 1. The rezoning provided for herein is consistent with the City of Chula Vista
General Plan, public necessity, convenience and the general welfare and good zoning practice
support the amendment to the Municipal Code.
Section 2. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit A from
C-T-P (Thoroughfare Commercial, Precise Plan) to C-C-P (Central Commercial, Precise Plan).
Section 3. The Precise Plan modifier is appropriate for the rezoned parcel because the
circumstances set for in Chula Vista Municipal Code Section 19.56.041(B) exist with respect
thereto.
Section 4. Certification of Compliance with CEQA. The City Council does hereby find that
the Negative Declaration (IS~03-008) has been prepared in accordance with the requirements of
the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the
Environmental Review Procedures of the City Of Chula Vista, and hereby adopts the Negative
Declaration (IS-03-008).
Section 5. Independent Judgment of City Council. The City Council does hereby find that in
the exercise of their independent review and judgment, the Negative Declaration (IS-03-008) in
the form presented has been prepared in accordance with requirements of the California
Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista
and hereby adopts same.
t4 --'-'-ff -&
It--q¥
Ordinance
Page 3
Section 6.Effective Date. 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
~cin~nSga~p~t~ln~ing and Building Director ~At~omey ~'
J:\COMMDEV~RESOS~La. AC Project Ords and Resos\Ordinance l-Neg Dec and Zoning Map REVISED.doc
Ordinance No.
Page 3
Exhibit "A"
LOCATIOI
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR r,ao~cr M~r~o~OUTA~AR~A
~u~ AD~RY COMMIE (~q R~ONE
~s: 825 BRO~WAY Request: Pm~sing a zone change for a mixed use
pmje~
NOR~ No S~le~ PCZ~02
J:~lanning~ichae~C R~onc O~
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PRECISE PLAN (PCM-03-21)
FOR A MIXED-USE RESIDENTIAL AND RETAIL
DEVELOPMENT LOCATED AT 825 BROADWAY WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA.
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consists WHEREAS, the City Council held an advertised public
hearing on the Project on June I0, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth
Avenue and, after hearing staff presentation and public testimony, the Council voted 5-0 to table
the item to a date uncertain to address several concerns that were raised at the hearing; and, of 1-
acre located at 825 Broadway ("Project Site"); and,
B. Project; Applications for Discretionary Approval
WHEREAS, on January I0, 2003, a Precise Plan application was filed by the
Metropolitan Area Advisory Committee (MAAC) ("Developer") with the Planning and Building
Department of the City of Chula Vista requesting a Precise Plan to develop a mixed-use project
that includes 41 residential apartments for senior citizens above 2,219 square feet of
retail/commercial space, a manager's unit and reductions in setbacks, parking and open space
requirements ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the Design Review Committee held an advertised public hearing on the
Project on April 21, 2003, at 4:30 p.m. in the Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 3-0 to recommend that the City Council
approve the Project, in accordance with the findings listed below; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Department set the time and place for a hearing on said Project,
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, and its mailing to property owners within 500 feet of the
exterior boundary of the project, at least ten (10) days prior to the hearing; and,
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on May 14, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing
staff presentation and public testimony, voted 4-0 to recommend that the City Council approve
the Project, in accordance with the findings listed below; and,
Ordinance
Page 2
WHEREAS, The proceedings and all evidence introduced before the Planning
Commission at the public hearing on this project held on May 14, 2003, and the minutes and
resolution resulting therefi-om, are hereby incorporated into the record of this proceedings; and,
D. City Council Record on Applications
WHEREAS, the City Council held an advertised public heating on the Project on June
10, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, the Council voted 5-0 to table the item to a date uncertain to
address several concerns that were raised at the hearing; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 1,000 feet
of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and,
F. Discretionary Approval and Ordinance
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
II The City Council of the City Chula Vista does hereby ordain as follows:
A. Certification of Compliance with CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Negative Declaration IS-03-008. The City Council
has reviewed and considered Negative Declaration IS-03-008 and finds that no further
environmental review or documentation is necessary.
B. Independent Judgment of City Council
The City Council has exercised their independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the proposed project was adequately
covered in Negative Declaration IS-03-008, and that said document was prepared in accordance
with requirements of the Catifomia Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Environmental Review Procedures of the City of Chula Vista.
C. PRECISE PLAN FINDINGS
1. That such use will not under the cimumstances of the particular case be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
W" l
Ordinance
Page 3
The mixed-use project will introduce new retail and commercial uses and affordable rental units
for senior citizens who will have the oppommity to experience a unique living environment by
implementing property development standards. Additionally, the project will assist in
implementing a "Generations Together" program that brings together senior citizens and the
youth who attend the Chula Vista Charter School adjacent to the project site to participate in a
variety of character building programs. The project will not negatively impact the area because a
new traffic control system has been implemented alleviating the existing traffic congestion in the
area. The project will new introduce retail and residences into an area where these uses currently
exist. The project has been designed to function adequately on the 1-acre site and is not out of
scale with the surrounding area. The project also provides a transition from retail commemial
along Broadway to the residential uses toward the east, which is an appropriate function of a
mixed-use project.
2. That such plan satisfies the principle for application of the "P" modifying district as set
forth in CVMC 19.56.041.
Section 19.56.041(B) provides for the application of the "P" modifying district if the property or
area is an area adjacent and contiguous to a zone allowing different land uses, and the
development of a precise plan will allow the area so designated to coexist between land usages
which might otherwise prove incompatible.
The project site is located on Broadway and is adjacent and contiguous to the C-T (Thoroughfare
Commercial) zone, which allows various commercial and retail uses. Additionally, residential
uses are nearby to the southeast and northeast. The project will introduce retail and residential
uses that coexist allowing compatibility within the context of the existing land uses.
3. That any exceptions granted which may deviate from the underlying zoning requirements
shall be warranted only when necessary to meet the purpose and application of the
Precise Plan.
Development of the lot using the development standards of the C-C and R-3 zone would limit the
potential to maximize the use of the site with a mixed-use project. As a result, the project has
been designed with a high-density residential concept and zero lot line for the retail uses with
building encroachments into the required setbacks and the reduction in number of on-site parking
spaces. These deviations are warranted given the constraints to the site and the intent to
maximize the use of the property to meet other policies of the General Plan.
Parking: The project has been analyzed within an urban context, in which parking on the public
street is typical for retail and commercial uses having frontage along the public right-of-way.
Parking along Broadway is typical for the existing retail uses; therefore parking for the retail
portion of the project will be consistent with the existing retail uses along Broadway. The
CVMC requires the project to provide 74 spaces (63 for residential parking and 11 for retail).
The project is subject to on-site requirements including trash enclosures and open space, which
limits the developer's ability to meet the on-site parking requirement.
Ordinance
Page 4
The project will provide a total of 45 on-site parking spaces and will use a parking ratio of 1:1
for the 42 residential units providing a designated parking space for each unit. The remaining
three spaces would be available for retail parking. The project's retail space is approximately
2,200 square feet of floor area, which limits the number retail uses up to two small stores and the
parking space demand. The project has sufficient frontage along Broadway to provide for
parking spaces for the retail uses, which has a 2-hour parking limit, which will provide adequate
parking for the retail uses. Furthermore, public transit is available within a reasonable distance
that services the site, and operates in 15-minute intervals.
Setback reductions: The project site is currently zoned Thoroughfare Commercial, Precise Plan
(C-T-P) and is subject setback 10-foot front setback. However, the project's rezone from C-T-P
to Central Commercial, Precise Plan (C-C-P) (Ordinance __) requires a 25-foot front setback
for the project. The project will have a 6-foot front setback from the public sidewalk, and will
have balconies at the second and third floors that project into the setback. Other retail and
commercial uses along Broadway maintain zero or minimal front setbacks, which is typical for
commercial zones within an urban context. The proposed 6-foot setback is consistent other retail
and commercial front setbacks, and will not impact the public fight-of-way. Included in this
report is a cross section of the building as viewed from the public right-of-way.
On-site open space: The CVMC requires the project's residential component to provide 400
square feet of common open space per unit. In this case the 42 units would be required to
provide 16,800 square feet of on-site open space. The project will provide approximately 6,100
square feet of on-site open space, which includes a large courtyard, a community room, lounge
areas, a library and a recreation room. The project is immediately adjacent to the Charter
School's recreation field, which the residence will have access to as provided in a written
agreement between the Chula Vista Elementary School District and MAAC. Staff believes that
this will provide adequate and accessible open space for the project residents in addition to the
on-site open space.
4. The approval of the Precise Plan will conform to the General Plan and the adopted
policies of the City Of Chula Vista.
The project has been evaluated in accordance with the goals and objectives of Chapter 10
Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise
Plan, as described, will allow the project to be consistent with the goals and objectives of the
General Plan, Southwest Revedevelopment Area Plan and the Chula Vista Municipal Code.
D. TERMS OF GRANT OF THE PRECISE PLAN
The City Council hereby grants the Precise Plan (PCM~03-21) and Property Development
Standards subject to the following conditions:
Ordinance
Page 5
Planning and Building Department
1. The Developer shall incorporate the approved materials and colors for all buildings in
accordance with the materials and color board submitted on January 13, 2003, wkich
include an exterior stucco finish for the wall and buildings.
2. The Developer shall comply with all requirements of the Building Division including the
following codes for 2001:
California Building Code
California Plumbing Code
California Mechanical Code
· California Electrical Code
· Energy Code
· Handicap Accessibility Requirements
3. The Developer shall submit a concept landscape plan for review and approval by the
City's Landscape Planner to include the following to satisfy the City requirements:
A. Show an enhanced accented landscape treatment for entrances.
B. Provide raised planters at the comer and the overall Broadway elevation.
C. Provide canopy trees at the sidewalk along Broadway.
D. Provide planter cutouts within the on-sire parking lot.
E. Show all downspouts connected to the sewer and not across driveways or
planter areas.
F. Provide an irrigation or water source design for all raised planters.
G. Enhance the paving in the courtyard.
H. Provide a Water Management Plan per requirements of the City Landscape
Manual during building permit submittal.
I. Encourage the use of street furniture as appropriate with the type of retail use.
4. The Developer shall apply for and obtain approval of a planned sign program from the
Director of Planning and Building prior to the issuance of any grading or building
permits.
5. The Developer shall provide drop-off zones and waiting areas with appropriate seating
and overhead shelters. These should be located as close as possible near the primary
entrances.
6. The Developer shall provide a raised wood planter. The dimensions shall conform to the
ADA planter standards for individuals with reach limitations and mobility aids.
7. The Developer shall submit written restrictions for hours of operation for the tenants of
the retail/commercial uses to the Director of Planning for review and approval. The
hours of operation shall be such that there is no conflict with the residential units.
Ordinance
Page 6
Engineering Department
8. The Developer shall ensure that the development of the project complies with all
applicable regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES)
permit requirements for urban runoff and storm water discharge, and any regulations
adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements.
The Applicant shall file a Notice of Intent (NOI) with the State Water Resources Control
Board to obtain coverage under the NPDES General Permit of Storm Water Discharges
Associated with Construction Activity and shall implement a Storm Water Pollution
Prevention (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.
9. The Developer shall obtain a grading permit in accordance with the Subdivision Manual
and Grading Ordinance prior to the issuance of any building permits.
10. The Developer shall complete the applicable forms and comply with' the City of Chula
Vista's Storm Water Management Standards Requirements Manual.
11. The Developer shall implement Best Management Practices (BMPs) to prevent the
pollution of storm water conveyance systems, both during and after construction.
Permanent storm water requirements shall be incorporated into the project design, and
shall be shown on the plans. Any construction and non-structural BMPs requirements
that cannot be shown graphically must be either noted or stapled on the plans.
12. The City of Chula Vista requires that ali new development and significant redevelopment
projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-
01. According to said Permit, all projects falling under the Priority Development Project
Categories are required to comply with the Standard Urban Storm Water Mitigation
Plans (SUSMP) and Numeric Sizing Criteria.
13. Water quality and watershed protection principals shall be incorporated into the design of
the project. Such measures shall minimize the discharge of pollutants into the storm
drainage systems.
Fire Department
14. All buildings shall be fully fire sprinkled (NFPA13). The Developer shall install a
standpipe system, fire extinguishers, on site fire hydrant, Knox boxes, a Knox override
gate key switch and an optical gate opening system. The building shall have roof access.
Sweetwater Authority
15. Prior to the issuance of building permits, the Developer shall obtain a letter fi.om the
Chula Vita Fire Department stating fire flow requirements and submit the letter to the
Sweetwater Authority for review.
Ordinance
Page 7
Chula Vista Elementary School District
16. The Developer shall pay the appropriate school fees pr/or to the issuance of building
permits.
Special Operations
17. The Developer shall develop and implement an integrated solid waste and recycling plan
acceptable to the Special Operations Manager. The plan shall be designed to divert at
least 50 percent of the waste stream generated by the project through participation in the
City's residential recycling, yard waste, bulky pick up and household hazardous waste
programs outlined in Sections 8.24 and 8.25 of the Chula Vista Municipal Code and the
California Integrated Waste Management Act of 1989.
Standard Conditions
18. Any violations of the terms and conditions of this permit shall be ground for revocation
or modification development permits.
19. Ail development permits shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.14.260 of the Municipal
Code. Failure to comply with any conditions of approval shall cause this permit to be
reviewed by the. City for additional conditions or revocation.
20. Any deviation from the above noted conditions of approval shall require approval from
the City Council.
21. The Developer shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval of the Precise Plan, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer's installation and
operation of a facility permitted hereby, including, without limitation, ant and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. Developer shall acknowledge their agreement to this
provision by executing a copy of the Precise Plan where indicated below. Developer
compliance With this provision is an express condition of the Precise Plan and this
provision shall be binding on any and all of Developer's/operator's successors and
assigns.
22. The site shall be developed and maintained in accordance with the final approved plans
which will include revised site plans, architectural elevations, exterior materials and color
board, and landscape plans on file in the Planning Division, the conditions contained
herein, and the Chula Vista General Plan.
Ordinance
Page 8
23. Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
24. This Precise Plan shall be subject to any and all new, modified or deleted conditions
imposed after approval to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the fight to be heard with regard
thereto. However, the City, in exercising this reserved fight/condition, may not impose a
substantial expense or deprive the Permittee of a substantial revenue soume which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
25. The Developer shall be responsible for the building and landscaping maintenance in
accordance with the approved project and landscape plans unless the Director of
Planning and Building approves modifications.
E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Developer shall execute this document by sig~ing the lines provided below, said
execution indicating that the Developer and property owner have each read, understood
and agreed to the conditions contained herein. Upon execution, this document shall be
recorded with the County Clerk of the County of San Diego, at the sole expense of the
Developer and/or property owner, and a signed, stamped copy returned to the City Clerk
and Planning Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the property
owner/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval. Said document
will also be on file in the City Clerk' Office and known as Document No.
Signature of Property Owner Date
of 825 Broadway
Signature of Representative Date
F. iNVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that any one or more terms, provisions or conditions are determined by a
Ordinance
Page 9
Court of competent jurisdiction to be invalid, illegal or unenforceable, this ordinance and
the Precise Plan shall be deemed to be automatically revoked and of no further force and
effect ab initio.
III. APPROVAL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan including Property Development
Standards for the Project as represented in Exhibit "B".
IIII. EFFECTIVE DATE
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
Jim Sandoval ~--a~~,,//~Ann~nm
Acting Planning and Building Director ~t~ey
11-5
Exhibit "A"
EXHIBIT B
MAAC Precise Plan Guidelines
Property Development Standards for Commercial/residential Mixed-use projects:
1. Building Setbacks:
a) Building Setbacks:
Front: 5*
Side: 0
Rear: 0
Ext Side 5*
* Architectural Projections, such as open balconies, bay windows,
storefront canopies, etc. may encroach within the 5-foot building
setback with Design Review approval.
2. Parking:
a) Commercial
The number of required parking spaces shall be per Municipal Code
Section 19.62.050. However, on-street parking, up to 100 percent of
the required parking, is allowed on Project site street frontage only.
On- street parking stalls shall be 9 feet wide by 20 feet long.
a) Residential
Senior Housing: One space per unit, including caretaker unit
Multi-family development, per Municipal Code Section 19.62.050.
4. Building Height:
a) Three stories or 45 feet. whichever is less.
5. Open Space:
a) Senior Housing Projects may have reduced open space with approval of
the Precise Plan.
b) Required private patio areas may also be reduced for senior citizen
housing projects with approval of Precise Plan.
c) For standard multifamily projects, private and common usable open space
shall be provided as prescribed in Section19.28.090 of the Municipal Code
and City Of Chula Vista Design Manual.
6. The Zoning Administrator may approve subsequent modifications to the Precise
Plan by using the Design Review process.
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
RESCINDING THE OCTOBER 14, 2003 ACTION OF THE CITY COUNCIL
THAT PLACED AN ORDINANCE ON FIRST READING WHICH
APPROVED A ZONING MAP AND REZONED A ONE-ACRE PARCEL AT
825 BROADWAY; AND INSTEAD AMENDING THE ZONING MAP
ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE,
REZONING A ONE-ACRE PARCEL AT 825 BROADWAY FROM THE C-T-P
(THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE C-C-P
(CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING
PRECISE PLAN DEVELOPMENT STANDARDS FOR THE PROJECT
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose
of general description herein consist of one acre located on the east side of Broadway
between Sierra Way and "J" Street ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on July 31, 2002, Metropolitan Area Advisory Committee (MAAC)
("Applicant") filed a Zone Change application with the Planning and Building
Department of the City of Chula Vista requesting an amendment to the adopted Zoning
Map or Maps established by Section 19.18.010 of the Chula Vista Municipal Code,
rezoning the Project Site from C-T-P, Thoroughfare Commercial, Precise Plan to C-C-P,
Central Commercial Precise Plan ("Project"); and,
C. Planning Commission Record on Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
WHEREAS, the Planning Department set the time and place for a heating on said Project,
and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within
500 ft. of the exterior boundary of the project, at least ten (10) days prior to the heating;
and,
WHEREAS, The proceedings and all evidence introduced before the Plarming
Commission at the public heating on this project held on May 14, 2003, and the minutes
and resolution resulting there from, are hereby incorporated into the record of this
proceedings; and,
Ordinance
Page 2
D. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the heating on the Project
applications and notices of said hearings, together with its purposes was given by its
publication in a newspaper of general circulation in the city, and its mailing to property
owners within 1,000 fi. of the exterior boundaries of the Project Site at least ten days
prior to the hearing; and,
WHEREAS, the City Council held an advertised public heating on the project on June
10, 2003, at 6:00 p.m. in the council chambers at 276 Fourth Avenue, Chula Vista
California, and after hearing staff presentation and public testimony tabled the item to a
date uncertain to address several concerns that were raised by area residents at the
hearing; and,
WHEREAS, the City Council held an advertised second public hearing on the tabled
project on October 14, 2003, at 6:00 p.m. in the council chambers at 276 Fourth Avenue,
Chula Vista California, and after hearing staff presentation and public testimony
approved the Project by unanimous vote; and,
WHEREAS, the City Council held an advertised third public hearing to clarify the
proposed Precise Plan Guidelines on December 9, 2003 at 6:00 p.m. in the council
chambers at 276 Fourth Avenue, Chula Vista, California, and after heating staff,
presentation and public testimony clarified that the Precise Plan and associated
Development Standards, as represented in Exhibit "B" are approved; and,
E. Discretionary approvals Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was introduced
for first reading (December 9, 2003), the City Council of the City of Chula Vista
introduced and later approved an ordinance which authorized a Precise plan for a one-
acre parcel at 825 Broadway within the Southwest Redevelopment Area.
NOW, THEREFORE, the City Council of the City Chula Vista does hereby ordain as
follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its
public heating on the Project application held on May 14, 2003, and the minutes and
resolutions resulting therefrom are hereby incorporated into the record of this proceeding.
III. PREVIOUS NEGATIVE DECLARATION REVIEWED AND CONSIDERED
FINDINGS APPROVAL
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered and adopted Negative Declaration IS-03-008.
Ordinance
Page 3
IV. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the revised project for compliance
with the California Environmental Quality Act and has determined that the proposed
Project was adequately covered in previously adopted Negative Declaration IS-03-008
and finds that no further environmental review or documentation is necessary.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and concurs with the
Environmental Review Coordinator's determination that the proposed project was
adequately covered in Negative Declaration IS-03-008, and that said document was
prepared in accordance with requirements of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines and environmental Review procedures of the city
of Chula Vista.
VI GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the proposed MAAC Rezone is
consistent with the adopted Chula Vista General Plan and other adopted City policies
VII. FINDINGS FOR APPROVAL OF REZONE
REZONE FINDINGS:
The City Council of the City of Chula Vista finds that the Rezone of the Project Site from
C-T-P to C-C-P is compatible with surrounding commercial zone districts, and in
substantial conformance with the adopted General Plan.
PURSUANT TO SECTION 19.56.041(B) OF THE MUNICIPAL CODE, THE CITY
COUNCIL OF THE CITY CHULA VISTA FINDS THAT THE FOLLOWING
CIRCUMSTANCES ARE EVIDENT, WHICH ALLOWS THE APPLICATION OF
THE ("P") PRECISE PLAN MODIFYING DISTRICT TO THE SUBJECT SITE:
The C-C, Central Commercial Zone district limits the development envelope and does
not allow sufficient flexibility to create an urban mixed-use project. The Precise Plan
would provide design flexibility and better utilization of the site. The overall result is a
more compatible project with the surrounding land uses and built environment. However,
in order to ensure that the development of this property is compatible with the
surrounding land uses, a Precise Plan with pertinent property development standards is
necessary to allow the City sufficient control to achieve the intended urban design
character.
The City Council hereby finds that the proposed Rezone and Precise Plan Development
Standards are consistent with the City of Chula Vista General Plan, and public necessity,
convenience, the general welfare and good zoning practice support the amendments.
Ordinance
Page 4
VIII. APPROVAL OF REZONE
The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista
Municipal Code is herby amended to rezone the site to C-C-P, Central Commercial with
Precise Plan ("P") Modifying District, including property development standards,
depicted in Exhibit "B" from C-T-P, Thoroughfare Corrrmercial with Precise Plan ("P")
Modifying District.
IX. RESCINDING PRIOR COUNCIL ACTION
That the action taken by the City Council on October 14, 2003 to place a similar
ordinance on first reading, which approved a zoning map and rezoned a one-acre parcel
at 825 Broadway, is hereby rescinded.
X. EFFECTIVE DATE
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
Jim Sandoval Anne Moore
Planning and Building Director City Attorney
Ordinance No.
Page
Exhibit "A"
IIECT
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~ ~t,a'eoPou'r,~
( ~ ,~U=~N~AOV~SO~YCO~,rrTE~(~Aq R~ONE
~: ~25 BRO~WAY R~ue~ Proposing a zone ~ange f~ a mixed use
s~ I ~ ~ pmj~
NOR~ No ~leJ PCZ~2
J:~l=n~n~icha=t~C R~n= Ord 5-8.d~
Exhibit "B"
- L._.i_~.
EXHIBIT B
MA. AC Precise Plan Guidelines
Property Development Standards for Commercial/residential Mixed-use projects:
1. Building Setbacks:
a) Building Setbacks:
Front: 5*
Side: 0
Rear: 0
Ext Side 5*
* Architectural Projections, such as open balconies, bay windows,
storefront canopies, etc. may encroach within the 5-foot building
setback with Design Review approval.
2. Parking:
a) Commercial
The number of required parking spaces shall be per Municipal Code
Section 19.62.050. However, on-street parking, up to 100 pement of
the required parking, is allowed on Project site street frontage only.
On- street parking stalls shall be 9 feet wide by 20 feet long.
a) Residential
Senior Housing: One space per unit, including caretaker unit
Multi-family development, per Municipal Code Section 19.62.050.
4. Building Height:
a) Three stories or 45 feet. whichever is less.
5. Open Space:
a) Senior Housing Projects may have reduced open space with approval of
the Precise Plan.
b) Required private patio areas may also be reduced for senior citizen
housing projects with approval of Precise Plan.
c) For standard multifamily projects, private and common u~able open space
shall be provided as prescribed in Sectionl 9.28.090 of the Municipal Code
and City Of Chula Vista Design Manual.
6. The Zoning Administrator may approve subsequent modifications to the Precise
Plan by using the Design Review process.
7
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL RESCINDING
THE OCTOBER 14, 2003 ACTION OF THE CITY COUNCIL THAT PLACED AN
ORDINANCE ON FIRST READING WHICH APPROVED A PRECISE PLAN
FOR A PROJECT LOCATED AT 825 BROADWAY; AND INSTEAD
APPROVING A REVISED PRECISE PLAN (PCM-03-21) FOR A MIXED-USE
RESIDENTIAL AND RETAIL DEVELOPMENT LOCATED AT 825
BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT AREA
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Ordinance is
diagrammatically represented in Exhibit "A," copies of which are in the office of the City
Clerk, attached hereto and incorporated herein by this reference, and for the purpose of
general description herein consists of approximately one acre located on the east side of
Broadway between Sierra Way and "J" Street ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and
Building Department on January 13, 2003, by Metropolitan Area Advisory Committee
(MAAC) ("Applicant") requesting approval of a Precise Plan for a mixed-use project with 42
senior citizen residential units, 2,200 sq. R. of commercial retail space and associated parking
and landscaping. ("Project"); and,
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Precise Plan
on May 14, 2003 and, after hearing staff presentation and public testimony, voted 4-0-3 to
recommend that the City Council approve the Project in accordance with the findings and
subject to the conditions listed below; and,
WHEREAS, the Planning Department set the time and place for a hearing on said Project,
and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500
ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and,
WHEREAS, The proceedings and all evidence introduced before the Planning Commission
at the public hearing on this project held on May 14, 2003, and the minutes and resolution
resulting there from, are hereby incorporated into the record of this proceedings; and,
D. City Council Record on Applications
Ordinance
Page 2
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes was given by its
publication in a newspaper of general circulation in the city, and its mailing to property
owners within 1,000 fi. of the exterior boundaries of the Project Site at least ten days prior
to the hearing; and,
WHEREAS, the City Council held an advertised public hearing on the project on June 10,
2003, at 6:00 p.m. in the council chambers at 276 Fourth Avenue, Chula Vista California,
and after hearing staff presentation and public testimony tabled the item to a date uncertain
to address several concerns that were raised by area residents at the hearing; and,
WHEREAS, the City Council held an advertised second public hearing on the tabled
project on October 14, 2003, at 6:00 p.m. in the council chambers at 276 Fourth Avenue,
Chula Vista California, and after hearing staff presentation and public testimony approved
the Project by unanimous vote; and,
WHEREAS, the City Council held an advertised third public hearing to clarify the
proposed Precise Plan Guidelines on December 9, 2003 at 6:00 p.m. in the council
chambers at 276 Fourth Avenue, Chula Vista, California, and after hearing staff,
presentation and public testimony clarified that the Precise Plan and associated
Development Standards, as represented in Exhibit "B" are approved.
NOW, THEREFORE, the City Council does hereby ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced be£ore the Planning Commission at its public
hearing on the Project application held on May 14, 2003, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of'this proceeding.
III. PREVIOUS NEGATIVE DECLARRATION REVIEWED AND CONSIDERED
FINDINGS APPROVAL
The City Council of the city of Chula Vista has previously reviewed, analyzed,
considered and adopted Negative Declaration IS-03-008.
IV. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the revised Project for compliance
with the California Environmental Quality Act and has determined that the proposed Project
was adequately covered in previously adopted Negative Declaration IS-03-008 and finds that
no further environmental review or documentation is necessary.
Ordinance
Page 3
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and concurs with the
Environmental Review Coordinator's determination that the proposed project was adequately
covered in Negative Declaration IS-03-008, and that said document was prepared in
accordance with requirements of the California Environmental Quality Act (CEQA), the
State CEQA Guidelines and environmental Review procedures of the City of Chula Vista.
VI. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the proposed MAAC Precise Plan is
consistent with the adopted Chula Vista General Plan and other adopted City policies
VII. PRECISE PLAN FINDINGS
THAT SUCH USE WILL NOT UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE BE DETRIMENTAL TO THE HEALTH, SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY
OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY.
The mixed-use project will introduce new retail commercial uses and affordable rental
units for senior citizens who will have the opportunity to experience a unique living
environment. Additionally, the project will assist in implementing a "Generations
Together" program that brings together senior citizens and the youth who attend the Chula
Vista Charter School adjacent to the project site, to participate in a variety of character
building programs.
The project has been designed to function adequately on the one-acre site, and is not out of
scale within the context of the surrounding area. The project also provides a transition
from retail/commercial to residential uses, which is an appropriate function of a mixed-use
project.
THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR APPLICATION OF THE "P"
MODIFYING DISTRICT AS SET FORTH IN CVMC 19.56.041.
Section 19.56.041(B) provides for the application of the "P" modifying district if the
property or area is adjacent and contiguous to a zone allowing different land uses, and the
development of a precise plan will allow the area so designated to coexist between land
usages, which might otherwise prove incompatible. The project is located along Broadway,
which is a commercial corridor with a variety of commercial retail, service oriented, as
well as multifamily land uses. Additionally, residential uses are in the immediate vicinity
3
Ordinance
Page 4
of the project site to the southeast and northeast.
THAT ANY EXCEPTIONS GRANTED WHICH MAY DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN
NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE PRECISE
PLAN.
Development of the lot using the development standards of the C-C and Rq3 zone would
limit the potential to maximize the use of the site with a mixed-use project. The project
will provide a total of 43 on-site parking spaces, parking ratio of 1:1 for the 42 residential
units. The remaining space would be available for retail parking. The project's retail
space is approximately 2,200 square feet of floor area, which limits the number retail uses
up to two small stores. The project has sufficient frontage along Broadway to provide
approximately for 11 parking spaces with 2-hour parking limit. The available on-street
parking is adequate to serve the retail uses. Furthermore, public transit is available within
a reasonable distance that services the site.
The project site is currently zoned C-T-P (Thoroughfare Commercial, Precise Plan) and is
subject setback 10-foot front setback. However, the project's rezone from C-T-P to
Central Commercial, Precise Plan (C-C-P) requires a 25-foot front setback for the project.
The project will have a 6-foot front setback from the public sidewalk, and will have
balconies at the second and third floors that project approximately 4-5 ft. into the front
setback. Other retail and commercial uses along Broadway maintain zero or minimal front
setbacks, which is typical for commercial zones within an urban context. The proposed 6-
foot setback is consistent other retail and commercial front setbacks, and will not impact
the public right-of-way.
The Chula Vista Municipal Code requires the project's residential component to provide
400 square feet of common open space per unit. In this case the 42 units would be
required to provide 16,800 square feet of on-site open space. The project will provide
approximately 6,100 square feet of on-site open space, which includes a large courtyard, a
community room, lounge areas, a library and a recreation room. The project is
immediately adjacent to the Charter School's recreation field, which the residence will
have access to as provided in a written agreement between the Chula Vista Elementary
School District and MAAC. Staff believes that this will provide adequate and accessible
open space for the project residents in addition to the on-site open space.
THE APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND
THE ADOPTED POLICIES OF THE CITY OF CHULA VISTA.
The project has been evaluated in accordance with the goals and objectives of Chapter 10
ft--71
Ordinance
Page 5
Section 5.9 of the General Plan relative to mixed-use development along Broadway. The
Precise Plan, as described, will allow the project to be consistent with the goals and
objectives of the General Plan and the Chula Vista Municipal Code.
VIII. APPROVAL OF PRECISE PLAN
In light of the findings described herein, the MAAC Precise Plan, in the form attached hereto as
Exhibit "B" and incorporated herein, is hereby approved contingent upon Ordinance
No.__ being adopted and entering into effect, and subject to the following conditions of
approval:
1. The Applicant shall incorporate the approved materials and colors for all buildings in
accordance with the materials and color board submitted on January 13, 2003, which
include an exterior stucco finish for the wall and buildings.
2. The Applicant shall comply with all requirements of the Building Division including
the following codes for 2001:
· California Building Code
· California Plumbing Code
· California Mechanical Code
· California Electrical Code
· Energy Code
· Handicap Accessibility Requirements
3. The Applicant shall submit a concept landscape plan for review and approval by the
City's Landscape Planner to include the following to satisfy the City requirements:
a. Show an enhanced accented landscape treatment for entrances.
b. Provide raised planters at the corner and the overall Broadway elevation.
c. Provide canopy trees at the sidewalk along Broadway.
d. Provide planter diamond shaped planters within the on-site parking lot.
e. Show all downspouts connected to the sewer and not across driveways or
planter areas.
f. Provide an irrigation or water source design for all raised planters.
g. Enhance the paving in the courtyard.
h. Provide a Water Management Plan per requirements of the City Landscape
Manual during building permit submittal.
i. Encourage the use of street furniture as appropriate with the type of retail
use.
5
Ordinance
Page 6
4. The Applicant shall apply for and obtain approval of a planned sign program from the
Director of Planning and Building prior to the issuance of any grading or building
permits.
5. The Applicant shall provide on-site drop-off zones and waiting areas with appropriate
seating and overhead shelters. These should be located as close as possible near the
primary entrances.
6. The Applicant shall provide a raised wood planter at the front of the building. The
dimensions shall conform to the ADA planter standards for individuals with reach
limitations and mobility aids.
7. The Applicant shall submit written restrictions for hours of operation for the tenants of
the retail/commercial uses to the Director of Planning for review and approval. The
hours of operation shall be such that there is no conflict with the residential units.
8. The Applicant shall ensure that the development of the project complies with all
applicable regulations established by the United States Environmental Protection Agency
(USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES)
permit requirements for urban runoff and storm water discharge, and any regulations
adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements.
The Applicant shall file a Notice of Intent (NOI) with the State Water Resources Control
Board to obtain coverage under the NPDES General Permit of Storm Water Discharges
Associated with Construction Activity and shall implement a Storm Water Pollution
Prevention (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.
9. The Applicant shall obtain a grading permit in accordance with the Subdivision Manual
and Grading Ordinance prior to the issuance of any building permits.
10. The Applicant shall complete the applicable forms and comply with the City of Chula
Vista's Storm Water Management Standards Requirements Manual.
11. The Applicant shall implement Best Management Practices (BMPs) to prevent the
pollution of storm water conveyance systems, both during and after construction.
Permanent storm water requirements shall be incorporated into the project design, and
shall be shown on the plans. Any construction and non-structural BMPs requirements
that cannot be shown graphically must be either noted or stapled on the plans.
/! 173
Ordinance
Page 7
12. The City of Chula Vista requires that all new development and significant redevelopment
projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-
01. According to said Permit, all projects falling under the Priority Development Project
Categories are required to comply with the Standard Urban Storm Water Mitigation
Plans (SUSMP) and Numeric Sizing Criteria.
13. Water quality and watershed protection principals shall be incorporated into the design of
the project. Such measures shall minimize the discharge of pollutants into the storm
drainage systems.
14. All buildings shall be fully fire sprinkled (NFPA13). The Developer shall install a
standpipe system, fire extinguishers, on site fire hydrant, Knox boxes, a Knox override
gate key switch and an optical gate opening system. The building shall have roof access.
15. Prior to the issuance of building permits, the Applicant shall obtain a letter from the
Chula Vita Fire Department stating fire flow requirements and submit the letter to
the Sweetwater Authority for review.
16. The Applicant shall pay the appropriate school fees prior to the issuance of building
permits.
17. The Applicant shall develop and implement an integrated solid waste and recycling plan
acceptable to the Special Operations Manager. The plan shall be designed to divert at
least 50 percent of the waste stream generated by the project through participation in
the City's residential recycling, yard waste, bulky pick up and household hazardous
waste programs outlined in Sections 8.24 and 8.25 of the Chula Vista Municipal Code
and the California Integrated Waste Management Act of 1989.
18. Any violations of the terms and conditions of this permit shall be ground for revocation
or modification development permits.
19. All development permits shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.14.260 of the Municipal
Code. Failure to comply with any conditions of approval shall cause this permit to be
reviewed by the City for additional conditions or revocation.
20. Any deviation from the above noted conditions of approval shall require approval from
the City Council.
21. The Applicant shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees and representatives, from and
7
Ordinance
Page 8
against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval of the Precise Plan, (b) City's approval or
issuance of any other pemfit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer's installation and
operation of a facility permitted hereby, including, without limitation, ant and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. Applicant shall acknowledge their agreement to this
provision by executing a copy of the Precise Plan where indicated below. Developer
compliance with this provision is an express condition of the Precise Plan and this
provision shall be binding on any and all of Applicant's/operator's successors and
assigns.
22. The site shall be developed and maintained in accordance with the final approved plans
which will include revised site plans, architectural elevations, exterior materials and
color board, and landscape plans on file in the Planning Division, the conditions
contained herein, and the Chula Vista General Plan.
23. Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of
building permit issuance.
24. This Precise Plan shall be subject to any and all new, modified or deleted conditions
imposed after approval to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose
a substantial expense or deprive the Permittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
25. The Applicant shall be responsible for the building and landscaping maintenance in
accordance with the approved project and landscape plans unless the Director of
Planning and Building approves modifications.
IX CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any o f 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, deny, or further condition issuance of all future building permits,
Ordinance
Page 9
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation, not vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this ordinance shall be deemed
to be automatically revoked and of no further force and effect ab initio.
XI. RESCINDING PRIOR COUNCIL ACTION
That the action taken by the City Council on October 14, 2003 to place a similar ordinance
on first reading, which approved a precise plan for a project located at 825 Broadway, is
hereby rescinded.
XII. EFFECTIVE DATE
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:
Jim Sandoval Anne Y. Moore
Director of Planning & Building City Attorney
9
Ordinance No,
?ag,' 3
Exl~bit "A'
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~ M~raO~UT.~IAIt~
~ ~co,~(~q R~ONE
~ 825 BRO~WAY R~ue~ P~sing a zone change for a mixed use
~ I ~ ~ pmje~
~ NO~ No S~le~ ~Z~2
J:~l~nning~ich~C~C R~c O~
11-7 7
Exhibit "B"
/ ! -77
EXHIBIT B
MAAC Precise Plan Guidelines
Property Development Standards for Commemial/residential Mixed-use projects:
1. Building Setbacks:
a) Building Setbacks:
Front: 5*
Side: 0
Rear: 0
Ext Side 5*
* Architectural Projections, such as open balconies, bay windows,
storefront canopies, etc. may encroach within the 5-foot building
setback with Design Review approval.
2. Parking:
a) Commercial
The number of required parking spaces shall be per Municipal Code
Section 19.62.050. However, on-street parking, up to 100 pement of
the required parking, is allowed on Project site street frontage only.
On- street parking stalls shall be 9 feet wide by 20 feet long.
a) Residential
Senior Housing: One space per unit, including caretaker unit
Multi-family development, per Municipal Code Section 19.62.050.
4. Building Height:
a) Three stories or 45 feet. whichever is less.
5. Open Space:
a) Senior Housing Projects may have reduced open space with approval of
the Precise Plan.
b) Required private patio areas may also be reduced for senior citizen
housing projects with approval of Precise Plan.
c) For standard multifamily projects, private and common usable open space
shall be provided as prescribed in Section19.28.090 of the Municipal Code
and City Of Chula Vista Design Manual.
6. The Zoning Administrator may approve subsequent modifications to the Precise
Plan by using the Design Review process.
PAGE 1, ITEM NO.: ~ /~
MEETING DATE: 12/09/03
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: APPROVE A CITY COUNCIL POLICY FOR THE DEVELOPMENT OF
AFFORDABLE FOR-SALE HOUSING FOR LOW-INCOME BUYERS
INCLUDING THE ESTABLISHMENT OF: (1) DEVELOPMENT
GUIDELINES; (2) PROGRAM REQUIREMENTS; AND (3) BUYER
SELECTION CRITERIA.
SUBMITTED BY: COMMUNITY DEV.~PMENT DIRECTOR ~
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES ~ NO ~
BACKGROUND
At the October 14, 2003, meeting of the City Council staff provided preliminary information
regarding a proposed policy for the development of affordable for sale housing developments.
At that time, staff received comments and recommendations from members of the Council
regarding changes to the proposed development guidelines and the prioritization system. Since
that meeting staff has incorporated input received from Council and made significant changes to
the proposed policy. The final policy document is being presented for approval by the City
Council.
RECOMMENDATION
That the City Council approve the policy for the development of affordable for-sale housing for
Iow-income buyers including development guidelines, program requirements and buyer selection
criteria.
BOARDS/COMMISSIONS RECOMMENDATION
A the meeting of September 24, 2003, the Housing Advisory Commission recommended
approval of a City Council policy for the development of affordable for-sale housing including
development guidelines, program requirements and establishment of a prioritization system for
the selection of buyers.
DISCUSSION
At the City Council meeting of October 14, 2003, staff presented the ~,vo development options as
recommended by the Affordable Housing Working Group and the Housing Advisory
/2- -1
PAGE 2, ITEM NO.:
MEETING DATE: 12/09/03
Commission. Those ~wo options included variations of the Recapture Restriction/Equity share
model. This method allows for the City to share the equity with the homebuyer upon subsequent
sale instead of restricting resale of the unit. The first option had the Homebuyer qualifying for an
"Affordable Sales Price" with a Silent Second Loan to fill the gap behveen the affordable price
and the Market Rate Price. The Developer/Builder would provide the Silent Second Loan in favor
of the City, and upon resale the buyer would repay the silent second loan to the City along with a
portion of the equity based upon the percentage of the City's initial interest" (silent second loan
amount) in the properly. In option 2, the unit was sold to a qualified buyer at the "Affordable
Sales Price," and a Deed Restriction was placed against the properly. Upon resale the
Homeowner shared the equity with City based upon the length of time that the Homeowner
resided in the property.
During the previous meeting Council members requested that a new option be developed that
would implement the sale of affordable for sale housing using market rate pricing but with equity
share based upon the length of time the homeowner occupied the unit. The purpose of this
change is to encourage homeowners to reside in the property for a longer period of time by
having the City receive a higher percentage of equity based upon the occupancy period. An
example of how the revised option will work is described below.
REVISED DEVELOPMENT GUIDELINE:
1. Determine the "Affordable Sales Price" and "Market Rate Price" of each unit. The
Market Rate Price will be determined and mutually agreed upon by the City and
Developer based upon current real estate comparables and market analysis at the
time of development proposal.
2. Developer will provide a Silent Second Loan in favor of the City. The purpose of this
loan is to make the homeownership unit affordable to the Iow-income buyer while
maintaining the market value of the property. The Silent Second Loan is defined as a
loan that does not require any payments but becomes due and payable upon sale,
transfer, refinance, rental or change in title of the properly. The Silent Second Loan
amount is calculated based upon the difference between the Market Rate Price and
the Affordable Sales Price.
3. The equity share determines the amount of equity that both parties will receive upon
sale, transfer, refinance, rental or change of title on the properly and is based upon
the length of time that the Homeowner has occupied the properly.
Years of Occupancy City Equity Share Homeowner Equity Share
1-5 70% 30%
6-10 60% 40%
11-15 50% 50%
16-20 40% 60%
21-25 30% 70%
26-30 20% 80%
31-35 10% 90%
36-45 5% 95%
PAGE 3, ITEM NO.: /~
MEETING DATE: 12/09/03
Following is an example of how the calculation works.
A family of three purchases a two-bedroom unit for the market rate value of $250,000. The
household would qualify for the maximum allowable purchase price of $170,421 (Table 2) and
the Developer/Builder would provide a Silent Second Loan in favor of the City for the difference
between the market rate price and the maximum allowable purchase price equaling $79,579
(Table 3).
Five years later, assuming a sales price of $350,000, the Homeowner decides to sell the
property. The Homeowner would receive their initial downpayment amount of $5,112 plus
$28,000 (8% of the sales price) as reimbursement for the costs associated with the sale of the
properly plus their equity share amount of $26,193, which is 30% of the remaining equity. The
Homeowner would make full payment to the City on the principal of the Silent Second Loan
($79,579) PLUS 70% of the remaining equity based upon the length of occupancy (Table 4).
Therefore, the total amount repaid to the City upon resale would be $140,695.
SECOND LOAN & EQUITY SHARE
Current Sales Price (5 years later) $ 350,000
1st Loan $ (150,000)
2nd Loan $ (79,579
Borrower's Investment (Initial DP= 3% of $170,421 +Costs of Sale 8% of sales price) $ (33,112
Equity $ 87,309
Times Equity Share Percentage 70.0%
Equity Share (City) $ 61,116.30
TOTAL OWED CITY (Repayment of 2nd Loan &+Equity Share} $ 140,695
TOTAL EQUITY TO HOMEOWNER (Borrower's Initial Investment + Equity Share} $ 59,305
The Working Group did recommend having two alternative development methods available to
provide more flexibility for the City, but this new option balances the concerns expressed by the
City Council while still allowing the Homeowner with some equity upon resale.
PROGRAM REQUIREMENTS
The City Council did not request any revisions to the recommended Program Requirements as
presented at the October 14, 2003 City Council meeting. Therefore, the policy will include the
following program features and underwriting criteria:
1. Should subsidized financing, offsets, or incentives be proposed and obtained, the
development requirements of that program or granting Agency must also be met.
2. All "affordable" units will be sold to buyers meeting both the income-based and cost-
based measures of affordability. The income-based measure is the annual income at
80% of Area Median Income (AMI) based upon household size. The cost-based measure
will not exceed 36% of the gross income. Therefore, utilizing 2003 income figures, the
income for a household of four may not exceed $51,050, thereby meeting the income-
PAGE 4, ITEM NO.: /~
MEETING DATE: 12/09/03
based measure. In order to meet the cost-based measure of affordability, that same
family of four cannot expend more than $18,378 annually (36% of $51,050 for housing
costs.
3. If the City provides any type of financial assistance or incentive for the project (i.e. funding
for the construction of the project, density bonus, parking deviations, etc) the units will be
priced as affordable to buyers at the 70% of AMI level, but the maximum income level will
still be at 80% of AMI for qualifying households.
4. Developer will market two-bedroom units to households of three or greater and three
bedroom units to households of five or greater during the first 90 days of marketing.
After which, the developer may then market the affordable unit to any household size.
The Ninety-day marketing period shall be defined as the first day that the "affordable
unit" is marketed to the public pursuant to all normal Department of Real Estate
regulations and upon approval by the City. The termination of the marketing period will
be signified by a release to the Developer from the City.
5. City and Developer will jointly coordinate to develop a pool of qualified lenders.
Prospective homebuyers must be pre-qualified by one of these lenders in order to
purchase an affordable unit, although they may use any licensed mortgage broker or
lender of their choosing to process the loan.
6. Homeowner is required to attend a qualified "Homeowner Training Program" and
provide evidence to the City of their attendance.
7. The Borrower must sign a release authorizing the City to receive a copy of the buyer's
1003 (Mortgage Loan Application), Good Faith Estimate and Underwriting Transmittal
Summary (1008) or similar form from Lender.
The Developer is responsible for providing an informational packet to the Homebuyer detailing
the responsibilities of all of the involved parties, including the lender, City, Developer and
Homebuyer. The Lender is required to adhere to the criteria in determining the Homebuyer's
eligibility for an affordable for-sale unit. Appropriate documentation (as outlined above as #7)
must be forwarded to the City by the Lender. After review and verification that the Homebuyer is
qualified, the City will send an Approval Notice to the Lender confirming the Homebuyer's
eligibility.
1. Minimum contribution by buyer of three percent (3%) of the Purchase Price
2. Maximum liquid assets after downpayment and closing cost contribution not to exceed
$25,OOO
3. Non-occupant co-borrowers are not allowed
4. Maximum total housing ratio of 36%
5. Maximum debt-to-income ratios of 41% for FHA loans and 45% for all other loans
6. No cash-out refinancing allowed
PAGE 5, ITEM NO.:
MEETING DATE: 12/09/03
BUYER SELECTION CRITERIA
At the October 14, 2003 Ci~/ Counci~ meeting a number of concerns were raised regarding
some of the categories addressed in the proposed prioritization system. Therefore, staff is
presenting a Prioritization System that is significantly different from that previously reviewed. The
Priorifization System being presented was approved by Council for the East/ake Rancho Vista
rental development and has been reviewed by both the City Afforney's office for consistency with
state and federal laws.
The Developer will use the following criteria in order to determine priority for purchase of an
affordable for-sale housing unit. A point system has been established so that applicants with a
higher number of points will receive preference for units. The point system addresses the
concerns as previously raised and therefore includes points for public safety employees along
with credenfialed teachers and does not give priority to individuals who have or are already
residing in an affordable unit that are not displaced by some action beyond their control.
§ points Households which are displaced from their primary residence as a result of any of
the following: (i) expiration of affordable housing covenants applicable to such
residence; (ii) an action of City or Agency; (iii) closure of a rnobilehome or trailer
park community in which the household's residence was located; or (iv) a
condominium conversion involving the household's residence. One member in
the households must have resided in such housing as the primary place of
residence for at least one year prior to such action or event.
3 points Households with at least one member who has worked within the City, as that
person's principal place of full-time employment, for at least one year prior to the
date of application for such housing.
2 points Households with at least one member who is a Public Safety employee (fire and
police) or Credenfialed Teacher.
1 point All other applicants who do not meet any of the above criteria.
In keeping with some of the goals of the Affordable Housing Working Group the selection criteria
addresses a variety of issues not only related to the continuum of affordable housing but also
quality of life and iobs-housing balance. In order to implement this point based system, a
deadline would be established for a proposed development and applications would be sorted
according to the number of total points received. In the situation where there are applicants with
an equal number of points but not enough units available, a ~ot~ery will be held at a place and
time to be announced by the City and Developer.
SUMMARY
In summary, taking into consideration the Council's initial comments and recommended
changes, staff is proposing the implementation of a revised and finalized policy for the
t2_ -b"
PAGE 6, ITEM NO.: /~
MEETING DATE: 12/09/03
development of future affordable for sale housing developments to include the establishment of
one development option, program requirements and buyer selection criteria.
FISCAL IMPACT
these policies will have beneficial fiscal impacts associated with a more efficient and effective use
of the City's funding utilized for the development of affordable housing, including the Low and
Moderate Income Housing Fund, HOME funds and Community Development Block Grant Funds.
ATTACHMENTS
1. City Council Policy Document
J:\COMMDEV~STAFF.REP\I 2-09-03'~Affordable For Sale Policy- Rev.doc
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOME NUMBER DATE PAGE
BUYERS
12-09-03
ADOPIED BY: (Resolution No.) I DAIED: 12-09-03
AMENDED BY: Resolution Nc~. (date of resolution)
PURPOSE
The Housing Element of the City's General Plan (1999-2004) establishes goals and
policies for the City to address a number of important housing related issues. The
primary goal is to ensure that decent, safe housing is available at an affordable cost.
Obiedive 3 is 1o broaden the available housing types and increase home ownership
opportunities for Iow and moderate-income households. Goal 3 is to "ensure that an
adequate and diverse housing supply is available to meet the city's existing and future
needs". In addition Goal 4 is to "increase home ownership opportunities for Iow and
moderate-income households". To implement these goals, Policy 3.1, the Affordable
Housing Program, requires residential development projeds consisting of 50 units or
more to restrid a minimum of ten (10) percent of the units for occupancy by and
affordable to Iow- and moderate income households, with at least 5% of the units for
Iow-income residents and 5% for moderate income residents. In addition to the
development of affordable for-sale housing opportunities through the City's Inclusionary
Housing Program, this policy also pertains to any other for-sale development proposed to
have affordable units within the City.
This Policy establishes the procedures and guidelines for the development of affordable
for sale housing for Iow-income buyers, defined as households earning no more than
80% of the Area Median Income. The Area Median Income (AMI), based upon
household size, is determined annually by the U.S. Department of Housing and Urban
Development (Attachment 1). This policy will outline the development guidelines,
program requirements including underwriting criteria and the buyer seledion criteria.
Any Developer wishing to satisfy their affordable housing obligation through the
development of affordable for-sale housing within the City must adhere to the policies
contained herein. As part of the entitlement process, the Developer and the City will
enter into an Affordable Housing Agreement, which will outline the terms of the
development and which should refer to this policy and the procedures as described
further.
DEVELOPMENT GUIDELINES
The purpose of this policy is to provide affordable homeownership opportunities for Iow-
income households and to ensure that upon sale of the "affordable" unit the City receives
/2. -7
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOME NUMBER DATE PAGE
BUYERS
12-09-03
ADOPTED BY: (Resolution No.) J
DATED:
1
2-09-03
MENDED BY: Resolution No. (date of resolution)
adequate funds to continue to promote affordable homeownership programs throughout
the City.
To that end, the two primary components of this development process include the
establishment of a Second Trust Deed that is extended to the Homebuyer in favor of the
City and an equity share system based upon the Homebuyer's length of occupancy. The
City and Developer shall implement the development mechanisms as outlined below.
1. Determine "Affordable Sales Price" and "Market Rate Price" of each unit. To
understand the formula for the calculation of the Affordable Sales Price please
refer to Tables 1 and 2 below. The Market Rate Price will be determined and
mutually agreed upon by the City and Developer based upon current real estate
comporables and market analysis at the time of development proposal. The
Market Rate Price may be subjed to change upon the approval of the City during
the development/construdion period.
For purposes of understanding the calculation for the Affordable Sales Price the
assumptions utilized are indicated below in Table 1. All fadors will be subjed to the
normal costs and fees as associated with the purchase of the homeownership properly
based upon the real estate market and negotiations between the City and Developer at
the time of the development proposal. The criteria included that will remain constant are
the percentage of downpayment, term of the loan and the maximum total debt to income
ratio.
Table 1
CRITERIA VARIABLES
Downpayment 3% of Purchase Price
Interest Rate 6%
Term of Loan 30 years
Taxes & Insurance 1.5% of Purchase Price
HOA Fees and Mello Roos, if applicable $175/month
Closing Costs & Fees 2.5% of Loan Amount
Maximum Total Debt to Income Ratio 36% of monthly income
Table 2 utilizes the assumptions indicated in Table 1 to determine what the maximum
Affordable Purchase Price is based upon household size. This calculation is then
incorporated into the formula that determines what the Second Trust Deed amount will
be.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJE~CT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOME NUMBER DATE PAGE
BUYERS
12-09-03
ADOPTED BY: (Resolution No.) J
DATED:
t
2-09-03
AMENDED BY: Resolution No. (date of resolution)
Table 2
i-.Iomet~d Annual ~ Hous;ng Tc;~s, HO~ Fu~s D~,m Afl~°rdable
A~ailoble Ma~ Loan Purd~se
S~ Incom~' Incom~ Co~ @ Insuran~ Payment
fo~ P&I Price
36%
35,75( 2.979 1,073 334 739 123,277 3.813 127,09~
40,85( 3.404 1,226 361 865 144,293, 4,463 148,75~
45,95( 3,829 1,379 38~ 99g 165,309 5,113 170,421
51.05( 4,254 1,532 41.~ 1,116 186,324 5,763 192,087
55,10( 4.592 1,653 437 1,216 203,013 6.279 209,292
59,20( 4,933 1,776 45~ 1,31E 219,908 6,801 226,70<;
63,30( 5,275 1,899 48~ 1,419 236,803 7,324 244,12~
67,35( 5,613 2,021 502 1,519 253,491 7,840 261,331
· See Aliochmenl 1 for the 2003 Household Income Limit Chart.
2. Developer will provide a Silent Second Loan in favor of the City. The purpose of
this loan is to make the homeownership unit affordable to the Iow-income buyer
while maintaining the market value of the properly. The Silent Second Loan is
defined as a loan that does not require any payments bul becomes due and
payable upon sale, transfer, refinance, rental or change in title of the properly. A~
indicated in Table 3 based upon the market value of lhe home, as established by
the City and the Developer, a Silent Second Loan amount will be calculated based
upon the difference between the Market Rate Price (MRP) and the Affordable Sales
Price (ASP).
Silent Second Loan Amount=MRP-ASP
Table 3
Marlcel Value of Home
Max AFl
Second Trust Deed Amount
Household Size Purchase Price
(Table 2}
$ 230,000 $ 240,000 $ 250,000 $ 260,000 $ 270,000
I $ 127,090 $ 102,910 $ 112,910 $ 122,910 $ 132,910 $ 142,910
2 $ 148,756 $ 81.244 $ 91,244 $ 101,244 $ 111,244 $ 121,244
3 $ 170,421 $ 59,579 $ 69,579 $ 79,579 $ 89,579 $ 99,579
4 S 192.087 $ 37,913 S 47,913 $ 57,913 $ 67,913 $ 77,913
5 $ 209.292 $ 20,708 $ 30,708 $ 40,708 $ 50,708 $ 60,708
6 $ 226,709 $ 3,291 S 13,291 $ 23,291 $ 33,291 $ 43,291
7 $ 244,126 N/A N/A $ 5,874 $ 15,874 $ 25,874
8 $ 261,331 N/A N/A N/A N/A $ 8,669
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOME NUMBER DATE PAGE
BUYERS
12-09-03
(Resolution No.) J DATED: 12-09-03
ADOPTED
BY:
AMENDED BY: Resolution Nb. (date of resolution)
The equity share determines the amount of equity that both parties will receive upon sale,
transfer, refinance, rental or change of title on the property and is based upon the length
of time that the Homeowner has occupied the property.
Table 4
Occupant), Period (years) City Equity Share Homeowner Equity .Share
1-5 70% 30%
6-10 60% 40%
11 - 1 § 50% 50%
16-20 40% 60%
21-25 30% 70%
26-30 20% 80%
31-35 10% 90%
36-45 5% 95%
Following is an example of how the calculation works.
A family of three purchases a two-bedroom unit for the market rate value of $250,000.
The household would qualify for the maximum allowable purchase price of $170,421
(Table 2) and the Developer/Builder would provide a Silent Second Loan in favor of the
City for the difference between the market rate price and the maximum allowable
purchase price equaling $79,579 (Table 3).
Five years later, assuming a sales price of $350,000, the Homeowner decides to sell the
properly. The Homeowner would receive their initial downpayment amount of $5,112
plus $28,000 (8% of the sales price) as reimbursement for the costs associated with the
sale of the property plus their equity share amount of $26,193, which is 30% of the
remaining equity. The Homeowner would make full payment to the City on the principal
of the Silent Second Loan ($79,579) PLUS 70% of the remaining equity based upon the
length of occupancy (Table 4). Therefore, the total amount repaid to the City upon resale
would be $140,695.
/2 -,?0
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR) POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOMEJ NUMBER DATE PAGE
BUYERS
12-09-03
ADOPTED BY: (Resolution No.) J
DATED:
1
2-09-03
AMENDED BY: Resolution N(~. (date of resolution)
EXAMPLE TABLE
Current Sales Price (5 years later) $ 350,000
1si Loan S (150,000]
2nd Loan S (79,579)i
8orrower's Investment (Initial DP= 3% at $170,421 +Costs of Sale 8% of sales price) $ (33,112)
Equity S 87,309
Times Equity Share Percentage 70.0%
Equity Share (City) S 61,116.30
IOIAL OWl:L) ~.IIY (l(epayment at ~nd Loan &+l:qu~ty 3hore) S 140,695
TOTAL EQUITY TO HOMEOWNER [Borrower's Initial Investment + Equily Share) $ 59,305
Sale, transfer, refinance with cash-out or for purposes of debt consolidation or renting of
the property requires both repayment of the Silent Second Loan PLUS repayment of a
portion of the equity based upon the length of occupancy at the time of such adion. The
City will subordinate their second loan if the Homeowner wishes to obtain a straight rote
and term refinance (with no cash out or debt consolidation and neither the loan or the
equity share will be due). Should the Homeowner wish to add an individual to the Title of
the property or include the property in a Trust they must obtain City approval prior to
such adion. Either adion may result in the loan and/or equity share becoming due and
payable within 90 days of the adion and any decision regarding that will be at the
discretion of the City.
PROGRAM REQUIREMENTS
The City and the Developer will ensure the development meets all of the fallowing
requirements:
1. Should subsidized financing, offsets, or incentives be proposed and obtained, the
development requirements of that program or granting Agency must also be met.
2. All "affordable" units will be sold to buyers meeting both the income-based and
cost-based measures of affordability. The income-based measure is the annual
income at 80% of Area Median Income (AMI) based upon household size. The
cost-based measure will not exceed 36% of the gross income. Therefore, utilizing
2003 income figures, the income for a household of four may not exceed
$51,050, thereby meeting the income-based measure. In order to meet the cost-
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LoW-INCOME NUMBER DATE PAGE
BUYERS
12-09-03
ADOPTED BY: (Resolution No.)
DATED:
12-09-03
AMENDED BY: Resolution N~. (date of resolution)
based measure of affordability, that same family of four cannot expend more than
$18,378 annually (36% of $51,050) for housing costs.
3. If the City provides any type of financial assistance or incentive for the project (i.e.
funding for the construction of the project, density bonus, parking deviations, etc)
the units will be priced as affordable to buyers at the 70% of AMI level, but the
maximum income level will still be at 80% of AMI for qualifying households.
Please refer to Attachment 2.
4. Developer will market two-bedroom units to households of three or greater and
three bedroom units to households of five or greater during the first 90 days of
marketing. After which, the developer may then market the affordable unit to any
household size. The Ninety-day marketing period shall be defined as the first day
that the "affordable unit" is marketed to the public pursuant to all normal
Department of Real Estate regulations and upon approval by the City. The
terminationldhe marketing period will be signified by a release to the Developer
from the City.
5. City and Developer will jointly coordinate to develop a pool of qualified lenders.
Prospective homebuyers must be pre-qualified by one of these lenders in order to
purchase an affordable unit, although they may use any licensed mortgage broker
or lender of their choosing to process the loan.
6. Homeowner is required to attend a qualified "Homeowner Training Program" and
provide evidence to the City of their attendance.
7. The Borrower must sign a release authorizing the City to receive a copy of the
buyer's 1003 (Mortgage Loan Application), Good Faith Estimate and Underwriting
Transmittal Summary (1008) or similar form from Lender.
The Developer is responsible for providing an informational packet to the Homebuyer
detailing the responsibilities of all of the involved parties, including the lender, City,
Developer and Homebuyer. The Lender is required to adhere to the criteria in
determining the Homebuyer's eligibility for an affordable for-sale unit. Appropriate
documentation (as outlined above as //'7) must be forwarded to the City by the Lender.
After review and verification that the Homebuyer is qualified, the City will send an
Approval Notice to the Lender confirming the Homebuyer's eligibility.
/Z-tZ
COUNCIL POLICY
CITY OF CHULA VISTA
:SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOME NUMBER DATE PAGE
BUYERS
12-09-03
ADOPTED BY: (Resolution No.) J
DATED:
1
2-O9-03
AMENDED BY: Resolution N~. (date of resolution)
1. Minimum contribution by buyer of three percent (3%) of the Purchase Price
2. Maximum liquid assets after downpayment and closing cost contribution not to
exceed :$25,000
3. Non-occupant co-borrowers are not allowed
4. Maximum total housing ratio of 36%
5. Maximum debt-to-income ratios of 41% for FHA loans and 45% for all other loans
6. No cash-out refinancing allowed
BUYER ,SELECTION CRITERIA
The Developer will use the following criteria in order to determine priorily for purchase of
an affordable for-sale housing unil. A point system has been established so that
applicants with a higher number of points will receive preference for units.
5 points Households which are displaced from their primary residence as a result of
any of the following: (i) expiration of affordable housing covenants
applicable to such residence; (ii) an adion of City or Agency; (iii) closure of
a mobilehome or trailer park community in which the household's
residence was located; or (iv) a condominium conversion involving the
household's residence. One member in the households must have resided
in such housing as the primary place of residence for al least one year prior
to such odion or event.
3 points Households with at least one member who has worked within the City, as
that person's principal place of fuji-time employment, for at least one year
prior to the date of application for such housing.
2 points Households with at least one member who is a Public Safety employee (fire
and police) or Credentialed Teacher.
1 point All other applicants who do not meet any of the above criteria.
In the situation where there are applicants with an equal number of points but not
enough units available, a lottery will be held at a place and time to be announced by the
City and Developer.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: DEVELOPMENT OF AFFORDABLE FOR POLICY EFFECTIVE
SALE HOUSING FOR LOW-INCOME NUMBER DATE PAGE
BUYERS 12-09-03
ADOPTED BY: (Resolution No.) J DATED: 12-09-03 J
AMENDED BY: Resolution No'. (date of resolution)
CONCLUSION
Through the development and implementation of this policy, it is anticipated that the City
will either receive adequate funds to continue the development of affordable
homeownership opportunities or that the homebuyers that participate in this program
will continue to reside in the home thereby ensuring the continued affordability of the
unit.
ATTACHMENTS
1. County of San Diego Household Income Limits
2. Analysis of Affordable House Pricing
/z
County of San Diego Metropolitan Statistical Area 2003
Household Income Limits
Very Low Income
30% 35% 40% 50%
Hlhold
Size Annull Monthly 30.00% Annual Monthly 30.00~ Annual Monthly 30.00% Annual Monthly 30,00%
Income Income Monthly Income Income Idonthl Income Income Month~ Income Income Montht
ONE S 13.400 $1.117 S335 '$15.~ $1.304 $391 S 17.850 $1.488 S446 $22.3.50 S 1.863 SSSg
'r~No s15.300 $1.275 s383 Sl7.850 $1.4M s446 $20.40(3 si.700 s510 $2s.500 s2.125 ~
11~REE $17.250 $$.e3a $431 $20.100 $1.675 $303 $32.950 $1.913 S574 $38.700 $3.392 S718
FC~JR $19.~50 St.596 $479 S22.350 $t.8~3 1.559 $2S,SOO $2.t25 S63~; S3t.900 $3.65~ S798
FrVE $20.650 S$.721 S5~6 $34.100 $3.0ce S~03 S27.5,~0 S2.29~ $689 $34.450 $3.87t S86t
SO( $32.2~0 S1~0 $555 $25.900 $2.15~ ~>48 $29.600 $2.467 S740 $37.000 $3.083 $925
SEVEN S23.750 S1.979 S$9~ $37.700 $3.30~ $~g3 $31.650 $2.638 S791 $39.550 $3.296 S989
EIGHT i S25250 $3.10~ $631 S29~00 S2.aM S738 $33.700 i S2.808 $~43, $42.100 $3.508 S1.053
Low In, oma
60% 65% 70% 80%
H~hold
SIZe A~/IuII M(xlth/y 30.OOY, ~1 Mon~ ~.~ ~null M~lh~ 30.~ ~nual Monlh~ ~.~
~E ~,~ ~ ~70 S~.~ S2.421 ST~ $3t~ S2.~ S781 ~.7~ S2,979 ~
~0 ~.~ ~ S7~ S~ S2.7~ ~ $35.7~ S2.979 ~ P0.~ $3.4~ Sl.~t
~REE ~.4~ ~Tt ~1 ~7~ S3.1M S933 ~0~ ~.~ S1,~ ~5,~ $3.8~ S1.149
F~R ~ ~.1~ SW ~1.4~ $3.4~ Sl.0~ ~.~ $3.721 S1,116 ~1.~ ~ S1~76
F~ ~1~ M.~ S1.~ ~ S3.1~ S1.I~ ~e.~ ~.~1 Sl~ ~.1~ ~.5~ S1.37e
S~ ~.~ ~.7~ S1.110 ~8.1~ ~.~ S1~ $31.~ ~,317 S1~ S59~ ~,9~ S1.~
S~ ~7.4~ ~ Sl.IM SSl.~ ~ S1~ ~.~ ~.617 S1,~ ~,~ SS~TS S1~
E~ ~.~ ~213 S1~ $~.7~ ~.~ S1.~ S~.~ ~.913 SI.474 ~7.~ S5.613 S1.~
100% 115% 120% 140%
Hehold
SIZe AnfluII ~ly 30.004X AJ'muil MontMy ~.~ ~null M~ ~.~ ~n~t Mon~
~e ~ M~I ~ Inc~ Mortal Inc~e ~e Mon~ In,me Income
ONE ~.7~ M.7~ $4.118 S51.~ ~ S1~ ' S~.~ ~.461 S1.~ ~2.~ SS~
~O ~1.~ ~ $1~75 ~.~ ~.8~ S1.4~ ~1~ ~.1~ S1.~1 S7t.4~ s5.g~ S1.7~
~REE ~7,4~ ~.7~ SI.4~ ~.~ S5.~ S1.651 S~.~ M.742 $1.7~ ~,4~ S6.7~ SZ0t0
F~R ~.~ ~17 S1.5~ S73.370 ~.114 St.6~ S76,~ ~,~ Sl.914 ~9.3~ S7.443 S2~
S~ ST4.~ ~.167 S1.~ ~.1~ S7,~ S2,1~ ~.~ S7.4~ S2~; S103.~ ~.6~ S~S~
S~ $79,1~ ~ S1.978 S91.~ S7.~ S2.275 S~,9~ S7.913 S2.374 Sl10,7~ S9,~ S2.7~
EIG~ ~.~ S7.017 S2.1~ S~.~ S8.071 S2.421 S101,0~ ~,421 S2,S~ Sll7.9~ $3.925
prepared by Affof~ab~ Housing A~t~ons. Inc (858) 292.3300
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE IMPLEMENTATION OF A CITY COUNCIL POLICY FOR THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-INCOME
BUYERS INCLUDING THE ESTABLISHMENT OF: (1) DEVELOPMENT
GUIDELINES; (2) PROGRAM REQUIREMENTS; AND (3) BUYER SELECTION
CRITERIA
WHEREAS, The Housing Element of the City's General Plan establishes goals and policies for the
City to address a number of important housing related issues; and
WHEREAS, The primary goal is to ensure that decent, safe housing is available at an affordable
cost; and
WHEREAS, Goal 3 is to "ensure that an adequate and diverse housing supply is available to meet
the city's existing and future needs"; and
WHEREAS, Goal 4 is to "increase home ownership opportunities for Iow and moderate-income
households"; and
WHEREAS, the Affordable Housing Working Group ("Working Group") was established and
convened in August 2003, consisting of representatives from a broad cross sedion of industries related to
housing; and
WHEREAS, the Working Group is an ad-hoc group that is anticipated to meet on an as-needed
basis to evaluate and provide input regarding existing and proposed housing policies, programs and
processes to effectively meet the needs of City of Chula Vista residents and the communi~'; and
WHEREAS, the Working Group discussed and recommended implementation of City Council policy
establishing development guidelines for future affordable for sale housing developments, common
program and underwriting features and the establishment of buyer selection criteria; and
WHEREAS, The Housing Advisory Commission recommended that the City Council direct staff to
prepare a policy at their regularly scheduled meeting on September 24; and
WHEREAS, the Housing Advisory Commission recommended that the City Council adopt the policy
at their regularly scheduled meeting on December 3, 2003.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby
approve and implement a City Council policy for the development of affordable for-sale housing for Iow-
income buyers, including the establishment of development guidelines, program requirements and buyer
seledion criteria.
Presented by Approved as to form by
Laurie Madigan Ann Moa~/e '
Director of Community Development City Attorney
J:\COMMDEV~RESOS~AdopIed Affordable For Sale Policy.doc
/2 --/7
Memo
To: Lorraine Bennett, Deputy City Clerk
From: Anne L. Harrison, Constituent Services Manao~er
Date: 12/2/2003
Re: Appointment to Nature Center Board of Trustees
Mayor Stephen Padillu would like to appoint Mr. James tL McVeigh to the Nature Center Board
of Trustees. Please place this on the City Council agenda of December 9 2003 for ratification. If
you have any questions, please contact me at x5812. Thank you for your assistance.
Anne L. Harrison
Constituent Services Manager