HomeMy WebLinkAboutAgenda Packet 2004/01/13
CITY COUNCIL AGENDA
January 13,2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUIA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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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
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CALL TO ORDER
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January 13, 2004
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: JAMES MCVEIGH, NATURE CENTER BOARD OF TRUSTEES
· RECOGNITION OF TY COMPTON FOR HIS SERVICE AS CHULA VISTA'S PORT
COMMISSIONER
· PRESENTATION OF A COMMUNITY SERVICE AWARD BY THE YOUTH
ADVISORY COMMISSION TO COORS AMPHITHEATER MANAGEMENT
· REPORT BY CHUCK COLE, THE CITY'S LOBBYIST AND PRESIDENT OF
ADVOCATION, INC., ON THE GOVERNOR'S STATE BUDGET PROPOSAL
CONSENT CALENDAR
(Items 1 through 11)
The Council will enact the Consent Calendar staff recommendations 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.
1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 10.52.110 RELATING
TO THE PARKING OF VEHICLES FOR SALE, ADVERTISING OR
DEMONSTRATION PURPOSES (SECOND READING AND ADOPTION)
In an effort to clarify parking laws and to ensure consistency with federal and state law,
the proposed ordinance amends a section ofthe Municipal Code regulating the parking of
vehicles for sale, advertising, or demonstration purposes. This ordinance was introduced
on January 6, 2004. (Police Chief)
Staffrecomrnendation: Council adopt the ordinance.
2A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES
AND INDEBTEDNESS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
THE MERGED REDEVELOPMENT PROJECT (SECOND READING AND
ADOPTION)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES
AND INDEBTEDNESS WITH RESPECT TO THE BAYFRONTITOWN CENTER I
REDEVELOPMENT PLAN (SECOND READING AND ADOPTION)
In 2001, California redevelopment law was amended to allow local legislative bodies to
adopt ordinances removing time limits on the establishment of loans, advances and
indebtedness with respect to redevelopment plans originally adopted prior to January 1,
1994. The amendment allows agencies to incur debt at any time during the time that the
plans are effective. All Chula Vista redevelopment plans were originally adopted prior to
1994, and all of them currently have limitations on loans, advances and indebtedness.
Adoption of the ordinances removes the existing time limits and allows the City to issue
debt at any time during the effective life of the corresponding redevelopment plans.
These ordinances were introduced on January 6, 2004. (Director of Community
Development)
Staffrecommendation: Council adopt the ordinances.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, DAVID EVANS AND ASSOCIATES INc. (CONSULTANT), AND
ESPANADA CV, LLC (APPLICANT), FOR CONSULTING SERVICES RELATED
TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
ESP ANADA SPECIFIC PLAN, GENERAL PLAN AMENDMENT AND REZONE,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The applicant, Espanada CV, LLC, has filed specific plan, general plan amendment, and
rezone applications for the Espanada project. The Environmental Review Coordinator
has determined that the proposed project requires the preparation of an Environmental
Impact Report. The proposed resolution approves a contract with David Evans and
Associates, for an amount not to exceed $88,300, to provide consultant services for the
preparation of the CEQA-required environmental documents for the proposed project and
an additional $22,075 for additional services, should they be necessary. (Director of
Plarming & Building)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 01113/04
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CITY'S APPLICATION FOR GRANT FUNDS UNDER THE
CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC
LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000, FOR
CONSTRUCTION OF A NEW LIBRARY AT THE NORTHWEST CORNER OF
EAST H STREET AND PAS EO RANCHERO (RANCHO DEL REY LIBRARY);
MAKING ALL NECESSARY CERTIFICATIONS, INCLUDING CERTIFYING THE
LIBRARY PROJECT BUDGET AND COMMITTING LOCAL MATCHING FUNDS
AND SUPPLEMENTAL FUNDS; APPROVING THE JOINT COOPERATIVE
AGREEMENT WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT
FOR THE JOINT VENTURE PROJECT; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND ALL DOCUMENTS NECESSARY TO
COMPLETE THE GRANT APPLICATION
In August 2001, the Council directed staff to prepare a California Reading and Literacy
Improvement and Public Library Construction and Renovation Bond Act of 2000 grant
application for the construction of the Rancho del Rey branch library. In June 2002, the
Council approved the application package for Cycle 1 consideration. Unfortunately, the
City was not awarded a grant in that round. In March 2003, the Council approved an
application package for a Cycle 2 submittal for grant funds. In October, 16 projects were
funded, but, once again, Chula Vista's application was not funded. The City is now
ready to submit for Cycle 3 consideration. Applications are due on January 16,2004. It
is expected that the Bond Act Board will make awards totaling $100 million in June
2004, and this will be the final round of grant awards from the Library Bond Act of 2000.
(Assistant City Manager Palmer)
Staff recommendation: The Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING A NO-BUILD EASEMENT ON A PORTION OF THE OXFORD
STREET PARK SITE ASSOCIATED WITH THE CONSTRUCTION OF
BROADWAY PLAZA
On January 28, 2003, the Council approved the purchase of a 5.21-acre lot, located on
Oxford Street. General Services staff is currently designing a park for this site, which is
adjacent to the Broadway Plaza redevelopment site. The developer of that site has
requested that the Council approve the granting of a no-build easement on a portion of
the Oxford Street park site, associated with the construction of Broadway Plaza, in
exchange for the developer granting a public access easement over a portion of the
Broadway Plaza site between Naples Street and the park site. (Director of General
Services)
Staffrecommendation: Council adopt the resolution.
Page 3 .. Council Agenda 01113/04
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6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING RIGHT-OF-WAY CONTRACTS WITH EIGHT PROPERTY OWNERS,
PROVIDING MONETARY COMPENSATION AND OTHER CONSIDERATIONS IN
EXCHANGE FOR THEIR GRANTING OF EASEMENTS TO THE CITY
NECESSARY FOR THE CONSTRUCTION OF THE I-80S/OLYMPIC PARKWAY
IMPROVEMENT PROJECT (STM-328), AND AUTHORIZING THE CITY CLERK
TO ACCEPT SAID EASEMENTS ON THE CITY'S BEHALF (Continued from the
meeting of December 16, 2003)
Adoption of the resolution approves right-of-way contracts with eight property owners
providing monetary compensation and other considerations in exchange for their granting
of easements to the City necessary for the construction of the I-80S/Olympic Parkway
Improvement Project (STM-328), and authorizes the City Clerk to accept said easements
on the City's behalf. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE THREE-BID REQUIREMENT OF MUNICIPAL CODE SECTION
3.54.040 FOR THE CONSTRUCTION OF EAST PALOMAR STREET THROUGH
VILLAGE ONE WEST AND AUTHORIZING THE CITY ENGINEER TO A WARD
TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT BASED UPON BIDS
RECEIVED
The Otay Ranch Company has requested a waiver of the three-bid requirement for the
construction of East Palomar Street through Village One West, a TDIF facility.
Currently, the Municipal Code requires developers to obtain a minimum of three bids and
award the work to the lowest qualified bidder to obtain Transportation Development
Impact Fee (TDIF) credit for privately financing eligible TDIF projects. Adoption of the
proposed resolution authorizes the Director of Engineering to accept the work to
construct East Palomar Street as TDIF-eligible without complying with the three-bid
requirement. (Director of General Services, City Engineer)
Staffrecommendation: Council adopt the resolution.
8A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND
APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH
MUNIFINANCIAL FOR THE FORMATION OF MAINTENANCE COMMUNITY
FACILITIES DISTRICT FOR ROLLING HILLS RANCH SUB-AREA III,
NEIGHBORHOODS 9 TO 12, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AMENDMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH BEST
BEST & KRIEGER, LLP, FOR THE FORMATION OF MAINTENANCE
COMMUNITY FACILITIES DISTRICT FOR ROLLING HILLS RANCH SUB-AREA
III, NEIGHBORHOODS 9 TO 12, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
Page 4 - Council Agenda 01/13/04
On October 6, 1992, the Council approved the tentative map for Rolling Hills Ranch Sub-
Area III, Neighborhoods 9 to 12, currently owned by McMillin Rolling Hills Ranch,
LLC. In compliance with condition of approval number 61 of the tentative map,
McMillin Rolling Hills Ranch, LLC has requested that a maintenance community
facilities district be formed to finance the maintenance of a storm water pump station, a
Multiple Species Conservation Program lot, and other public facilities. The special taxes
collected from the properties located within these improvement areas would fund the
operation and maintenance of these facilities. By adopting the proposed resolutions, the
Council would waive the selection process and approve the third amendment to the
existing agreement with MuniFinancial; and approve the second amendment to the
existing agreement with Best Best & Krieger, LLP, to enable these consultants to form
the maintenance district for Rolling Hills Ranch Sub-Area III, Neighborhoods 9 to 12.
(Director of General Services, City Engineer)
Staffrecommendation: Council adopt the resolutions.
9A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH PLANNING AREA
"F", CHULA VISTA TRACT NO. 99-04, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE VARIOUS STREETS AND EASEMENTS, ALL AS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "F", CHULA VISTA
TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT,
BETWEEN NNP TRIM ARK SAN MIGUEL RANCH, LLC AND THE CITY OF
CHULA VISTA REGARDING MAINTENANCE OF PRIVATE OPEN SPACE AND
FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On February 29, 2000, the Council approved a tentative subdivision map for Chula Vista
Tract 99-04, San Miguel Ranch. On August 7, 2001, Council approved San Miguel
Ranch Phases I, 2 & 4 "A" Map No.1. Adoption of the proposed resolutions approves
the Planning Area "F" final map within Phase 2 of San Miguel Ranch by the developer,
Trimark Pacific- V entana, LLc. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
Page 5 - Council Agenda 01/13/04
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10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO CLAIM
AND APPROPRIATE CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED
TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE
AMOUNT OF $165,000 FOR THE ACQUISITION OF A MID-SIZE, CNG SHUTTLE
BUS FOR THE NATURE CENTER
The $165,000, along with a $135,000 Air Pollution Control District grant, would be used
to purchase a 30-foot, medium-duty, mid-sized, low-foot CNG bus to operate the Nature
Center Shuttle. (Director of Public Works/Operations)
Staffrecommendation: Council adopt the resolution.
II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $250,000 FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL,
PARKING LOT, TRAIL, AND DRAINAGE IMPROVEMENTS FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND RESERVE, $225,000 FROM
THE AVAILABLE BALANCE OF THE SLTPP TRANSPORTATION PARTNERSHIP
FUND, AND $75,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC
SIGNAL FUND FOR A TRAFFIC SIGNAL AND ASSOCIATED IMPROVEMENTS
NEEDED FOR THE CONSTRUCTION OF THE BONITA BRANCH COUNTY
LIBRARY AND HISTORICAL MUSEUM/PUBLIC SAFETY CENTER, AND
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT TITLED, "BONITA
LIBRARY IMPROVEMENTS" (PROJECT GG-184) (4/5THS VOTE REQUIRED)
On December 16, 2003, the Council approved a Conditional Use Permit and
conditionally approved, subject to future appropriation, the ground lease with the County
of San Diego for the Bonita Branch County Library and Historical Museum/Public Safety
Center. However, a four-fifths vote of the City Council is required to appropriate funds.
Since the necessary four votes could not be cast, the appropriation of funds was
continued to this date. (Director of Planning & Building, Director of General Services)
Staff recommendation: Council adopt the resolutions.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on lhe 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.
Page 6 .. Council Agenda 01/13/04
12. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY OVER
PORTIONS OF ASSESSOR'S PARCEL NUMBERS 639-080-21 AND 639-080-22
FOR CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING
PROJECT (CY-1O2)
In order to complete the construction of this project it is necessary to acquire permanent
right-of-way and temporary construction easements from the two gas stations on the
north side of Telegraph Canyon Road; one on each side of Halecrest Drive. (Director of
General Services, City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION
AND IMMEDIATE POSSESSION OF PORTIONS OF ASSESSOR PARCEL
NUMBERS 639-080-21 AND 639-080-22 FOR THE CONSTRUCTION OF
TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-1O2),
AND AUTHORIZING CONDEMNATION PROCEEDINGS BY OUTSIDE
COUNSEL TO ACQUIRE SAID PROPERTY IN THE MANNER PROVIDED
BY LAW (4/5THS VOTE REQUIRED)
13. CONSIDERATION OF APPROVAL OF PCS 04-01, A TENTATIVE SUBDIVISION
MAP TO DIVIDE APPROXIMATELY 53.38 ACRES INTO 39 LOTS, INCLUDING
TWO OPEN SPACE LOTS, BY THE EASTLAKE COMPANY
The project consists of three perimeter open space lots (Lots 1-3), four internal
recreation/open space lots (Lots 4-7), 14 private street lots (Lots 8-21), and 18 residential
lots (Lots 22-39). The residential lots would be developed as five separate condominium
villages joined together by the internal vehicular and pedestrian circulation system, open
space and other common facilities. (Director of PI arming & Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ESTABLISHING CONDITIONS OF THE TENTATIVE
SUBDIVISION MAP FOR EASTLAKE SUMMIT, CHULA VISTA TRACT
04-01
14. CONSIDERATION OF APPROVAL OF THE USE OF FISCAL YEAR 2003/2004
COPS FUNDING PER THE CITIZENS OPTION FOR PUBLIC SAFETY FOR LOCAL
LAW ENFORCEMENT SERVICES
The Police Department received $279,480 through State COPS for Local Law
Enforcement funding. State money is allocated to the Police Department for purposes
stipulated by the Citizen's Option for Public Safety (COPS) Program. The Police
Department proposes to use the funds to meet operational equipment needs, as well as the
local cash match requirement for the Local Law Enforcement Block Grant. (Chief of
Police)
Page 7 - Council Agenda 01/13/04
Staff recommendation: Counci] conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $279,480 FROM STATE COPS FOR LOCAL LAW
ENFORCEMENT AND AMENDING THE FISCAL YEAR 2003/2004
BUDGET TO APPROPRIATE $17,486 FOR THE LOCAL LAW
ENFORCEMENT BLOCK GRANT LOCAL MATCH AND AUTHORIZING
STAFF TO DESIGNATE THE REMAINING FUNDS OF $261,994 FOR
OPERATIONAL EQUIPMENT AND AUTHORIZING THE CHIEF OF
POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE
EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL
UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES (4/5THS
VOTE REQUIRED)
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.
15. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL
YEAR 2004 BUDGET AND THE FISCAL YEAR 2005 SPENDING PLAN FOR
PERSONNEL, SUPPLIES, AND SERVICES NEEDED TO OPERATE THE POLICE
DEPARTMENT HOLDING FACILITY, ADJUSTING THE SALARY OF THE
POLICE SERVICES OFFICER, APPROPRIATING FUNDS FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND, AND AMENDING THE
MASTER FEE SCHEDULE TO INCLUDE A $175 BOOKING FEE
The Police Department will be opening a new 150,000 square-foot facility in February
2004. As part of the new facility, the department will be operating a Type I holding
facility. In order to operate this facility as required by law, the department has requested
additional staffing. Additionally, the department is seeking conceptual approval for a
$175 booking fee charge. (Chief of Police)
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 BUDGET AND THE FISCAL YEAR
2005 SPENDING PLAN FOR PERSONNEL, SUPPLIES, AND SERVICES
NEEDED TO OPERATE THE POLICE DEPARTMENT HOLDING
FACILITY, ADJUSTING THE SALARY OF THE POLICE SERVICES
OFFICER, APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE
OF THE GENERAL FUND, AND AMENDING THE MASTER FEE
SCHEDULE TO INCLUDE A $175 BOOKING FEE (4/5THS VOTE
REQUIRED)
Page 8 - Council Agenda 01/13/04
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16. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING CHANGE
ORDER NO.4 FOR PHASE II OF THE SALT CREEK GRAVITY SEWER
INTERCEPTOR PROJECT
On two occasions, the micro-turmeling machine used on Phase II of the Salt Creek
gravity sewer interceptor project failed. Change Order No.4, in the amount of
$1,100,000, is for larger, more sophisticated machinery and equipment necessary to
guarantee the successful completion of the fina1830 feet of the 14.5-mile-Iong Salt Creek
sewer project. (Director of Public Works Operations)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO.4 FOR PHASE II OF THE SALT
CREEK GRAVITY SEWER INTERCEPTOR PROJECT (SW2I9) AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
17. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING CHULA
VISTA TRANSIT FUNDING AND OPERATIONS
At the Council meeting of February 11,2003, staff was directed to return to Council on
an annual basis with an updated report on Chula Vista Transit's funding and operations.
(Director of Public Works/Operations)
Staffrecommendation: Council accept the report.
18. CONSIDERATION OF ADOPTION OF A RESOLUTION SUPPORTING THE
LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT
The League of California Cities has asked its members to adopt a resolution supporting
the combined efforts of the League, the California State Association of Counties (CSAC)
and the California Special District Association, to place on the ballot and win voter
approval for the Local Taxpayers and Public Safety Protection Act. This Act is a
constitutional amendment that will protect local government revenue from being taken by
the State without voter approval. To date, approximately 200 cities have adopted the
resolution. Locally, this includes the cities of EI Cajon, Encinitas, Escondido, Imperial
Beach, La Mesa, and Santee. Cities that will consider this resolution in the near future
include Carlsbad, Del Mar, Lemon Grove, National City, and San Diego. (City Manager,
Intergovernmental Affairs Coordinator)
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SUPPORTING THE LOCAL TAXPAYERS AND PUBLIC SAFETY
PROTECTION ACT
Page 9 - Council Agenda 01/13/04
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ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MAYOR'S REPORTS
21. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Grippi v. City ofChula Vista (SDSC # GIC 801393)
. Griggs v. City ofChula Vista (SDSC # GIC 817580)
. Allsup v. City ofChula Vista
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. No. A-02-12-028)
23. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
ADJOURNMENT to an Adjourned Regular Meeting on January 14, 2004 at 4:30 p.m. in the
John Lippitt Public Works Center, 1800 Maxwell Road, and thence to the
Regular Meeting of January 20, 2004, at 6:00 p.rn. in the Council
Chambers.
Page 10 - Council Agenda 01113/04
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o,?\\o~
ORDINANCE NO. ~ ~~\) ~\J
~'~~fr~ G
ORDINANCE OF THE CITY OF CHULA VISTA ING
CHULA VISTA MUNICIPAL CODE SE~~ 10.52.110
RELATING TO THE PARKING OF VEHI S FOR SALE,
ADVERTISING OR DEMONSTRATION PURPOSES
WHEREAS, periodically, City staff identify certain sections of the Chula Vista
Municipal Code (CVMC) in need of amendment and clarification so that enforcement of
certain illegal activities are easier and to ensure that the Municipal Code is consistent
with federal and state law; and
WHEREAS, staff discovered that CMVC Section 10.52.110 could benefit from
such an analysis; and
WHEREAS, the Police Department and the City Attorney's Office recommend
amending Section 10.52.110 as presented below.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION 1. That Section 10.52.110 of the Chula Vista Municipal Code is amended to
read as follows:
10.52.110 Parking for sa-le--,advertising or demonstration purposes =.prohibited
when.
No operator of afl) \' ehiele shall par!; said vehicle UpOIJ any street or upon aHY public or
private property, ""ithout the ovo'Her's colJsent, in the city for the priHcipal purpose of
advertising or displaying it for sale, unless authorized by resolution of the council. In
addition, no No vehicle displaying advertising matter for the primary purpose of
commercial advertising, as prohibited by CVMC 5.08.030 through 5.08.060, shall park
upon any residential street in this city.
SECTION II. 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
u€<- ì. t-k-- ~.'-
Richard P. Emerson Ann Moore
Chief of Police City Attorney
I
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o'?\\O~
ORDINANCE OF THE CITY COUNCIL OF THE ~G fI-~O fl-O
CITY OF CHULA VISTA ELIMINATING ~fl-O~
TIME LIMIT ON ESTABLISHMENT ~ S,
ADVANCES AND INDEBTEDNES WITH
RESPECT TO THE REDEVELOPMENT PLAN FOR
THE MERGED REDEVELOPMENT PROJECT
WHEREAS, the City Council ("City Council") of the City of Chula Vista ("City") adopted
Ordinance No. 1827 on August 15, 1978 establishing the Redevelopment Plan for the Town Center
No. 11 Project Area, which was amended by Ordinance No. 2207 of the City Council adopted on May
19, 1987 to add certain tax increment provisions; amended by Ordinance No. 2274 of the City
Council adopted on July 19, 1988 to add territory; amended by Ordinance No. 2610 of the City
Council adopted on November 8, 1994 to add certain plan limits; and last amended by Ordinance No.
2817 of the City Council adopted on August 22, 2000 to merge with other project areas (as amended,
'Town Center II Redevelopment Plan"), which Town Center II Redevelopment Plan contains a time
limit of January 1, 2004 within which the Agency may incur debt in conjunction with
implementation thereof with respect to the original project area, and a time limit of July 19, 2008
with respect to the area added to the project area by Ordinance No. 2610; and
WHEREAS, the City adopted Ordinance No. 2059 on December 20, 1983 establishing the
Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, which was amended by
Ordinance No. 2611 of the City Council adopted on November 8, 1994 to add certain plan limits and
by Ordinance No. 2818 of the City Council adopted on August 22, 2000 to complete a merger of
plans (as amended, "Otay Valley Redevelopment Plan"), which Otay Valley Redevelopment Plan
contains a time limit of January 4, 2004 to incur debt in conjunction with implementation thereof;
and
WHEREAS, the City adopted Ordinance No. 2420 on November 27, 1990 establishing the
Redevelopment Plan for the Southwest Redevelopment Project Area, which was amended pursuant
to Ordinance No. 2467 of the City Council adopted on July 9, 1991 to include additional territory; by
Ordinance No. 2612 of the City Council adopted on November 8, 1994 to add certain plan limits; and
by Ordinance No.2819, adopted by the City Council of the City on August 22,2000 to complete
merger of plans (as amended, "Southwest Redevelopment Plan"), which Southwest Redevelopment
Plan contains a time limit of November 27, 2010 to incur debt in conjunction with implementation
thereof; and
WHEREAS, the City adopted Ordinances Nos. 2817, 2818, and 2819 on August 22,2000
effecting a merger of certain project areas and established the Redevelopment Plan for the Merged
Redevelopment Project ("Merged Plan"), which merged the Town Center 11 Redevelopment Project
Area, the Otay Valley Road Redevelopment Project Area, and the Southwest Redevelopment Project
Area; and
WHEREAS, the Merged Plan consists of the Town Center 11 Redevelopment Plan, the Otay
Valley Redevelopment Plan, and the Southwest Redevelopment Plan (each a "Constituent Plan" or
together, "Constituent Plans"); and
WHEREAS, the Constituent Plans each include provisions limiting the time in which the
Redevelopment Agency of the City of Chula may incur indebtedness in conjunction with
DOCSOC\953382v4\24212.0005 <Jlf I
".
implementation of such Constituent Plans, in conformity with the California Redevelopment Law,
California Health and Safety Code Sections 33000, et seq. ("CRL"); and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in 2001,
effective January 1, 2002, to provide that as to redevelopment plans originally adopted pre-January I,
1994 the legislative body of an agency (City Council) may enact an ordinance eliminating the
deadline on incurring indebtedness formerly required by Section 33333.6 of the CRL, and to further
provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or
Article 12 of the CRL, except that the redevelopment agency must make the payments to affected
taxing entities required by CRL Section 33607.7 from the date each constituent plan reaches the
previously existing deadline(s) to incur debt; and
WHEREAS, the enactment of this Ordinance is exempt from the California Environmental
Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") pursuant to CEQA
Guidelines Section I 5378(b)(4) (California Code of Regulations Section 15378(b)(4» because it is a
fiscal activity which does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment.
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
1. Each of the individual time limits to incur debt set forth in the Merged Plan and the
implementation thereof, including each of the Constituent Plans and the time limits therein contained,
are hereby eliminated; and the Redevelopment Agency of the City of Chula Vista is hereby
authorized to incur indebtedness and any other obligations with respect to the Merged Plan, and each
and any of its Constituent Plans, in accordance with all remaining provisions of each applicable
Constituent Plan and the Merged Plan, at any time during which each and any applicable Constituent
Plan is effective.
2. Except with respect to the amendments set forth herein, the Merged Plan and the
Constituent Plans shall remain unchanged and in full force and effect in accordance with their terms.
3. The City Clerk is hereby authorized to file a Notice of Exemption with the County of
San Diego pursuant to CEQA Guidelines Section 15094.
4. This Ordinance shall go into effect and be in full force and operation from and after
thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause this Ordinance to be published as set forth in City Charter
Section 3l2(b).
Presented by Approved as to form by
\
Laurie A. Madigan -~
Community Development Director
DOCSOC\953382v4\24212.0005 4t1.-;}
v
-.. ----------------..--.--------
ORDINANCE OF THE CITY COUNCIL OF t>-~Q t>-QO?\\O~
THE CITY OF CHULA VISTA ELIMIN~~~G
THE TIME LIMIT ON ESTABg OF
LOANS, ADVANCES AND I EBTEDNESS
WITH RESPECT TO THE BAYFRONTrrOWN
CENTER I REDEVELOPMENT PLAN
WHEREAS, the City Council ("City Council") of the Chula Vista ("City") adopted
Ordinance No. 1541 establishing the Redevelopment Plan for the Bayfront Redevelopment Project
Area ("Bayfront") on July 16, 1974, and
WHEREAS, the City Council adopted Ordinance No. l69lon July 6, 1976 establishing the
Redevelopment Plan for the Town Center I Redevelopment Project Area ("Town Center I"); and
WHEREAS, the City Council adopted Ordinance No. 1872 on July 5, 1979 which merged
the Bayfront Redevelopment Project Area and the Town Center I Redevelopment Project Area,
which merged project areas are hereinafter referred to as the "Bayfront/TC I Redevelopment Project
Area", thus creating the Redevelopment Plan for the BayfrontiTown Center I Redevelopment Project
Area; and
WHEREAS, the merged BayfrontiTC I Redevelopment Plan consists of the Town Center I
Redevelopment Plan and the Bayfront Redevelopment Plan (each a "Constituent Plan" or together,
"Constituent Plans"); and
WHEREAS, the Redevelopment Plan for the BayfrontiTown Center I Redevelopment
Project Area was amended by Ordinance No. 2146 of the City Council adopted on April 22, 1986 to
add certain financial limits thereto; amended by Ordinance No. 2608 of the City Council adopted on
November 8, 1994 to add certain plan limits; and amended by Ordinance No. 2734 of the City
Council adopted on June 23, 1998 to add certain plan limits (as amended, "BayfrontiTC I
Redevelopment Plan"); and
WHEREAS, the Bayfront/TC 1 Redevelopment Plan contains a time limit of January I, 2004
to incur debt in conjunction with implementation thereof with respect to the original project area, and
a time limit of June 23, 2018 to incur debt with respect to territory added to the BayfrontiTC I
Redevelopment Project Area by Ordinance No. 2734 in 1998, in conformity with the California
Redevelopment Law, California Health and Safety Code Sections 33000, et seq ("CRL"); and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in 2001,
effective January I, 2002, to provide that as to redevelopment plans originally adopted pre-January 1,
1994 the legislative body of an agency (City Council) may enact an ordinance eliminating the
deadline on incurring indebtedness formerly required by Section 33333.6 of the CRL, and to further
provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or
Article 12 of the CRL, except that the redevelopment agency must make the payments to affected
taxing entities required by CRL Section 33607.7 from the date each constituent plan reaches the
previously existing deadline(s) to incur debt; and
WHEREAS, the enactment of this Ordinance is exempt from the California Environmental
Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines
Section l5378(b)(4) (California Code of Regulations Section 15378(b)(4)) because it is a fiscal
DOCSOC\954990v4\24212.0005 )B-I
activity which does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment.
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
1. The time limits on incurring indebtedness in conjunction with the implementation of
the BayfrontiTC I Redevelopment Plan and therein contained are hereby eliminated; and the
Redevelopment Agency of the City of Chula Vista is hereby authorized to incur indebtedness and
any other obligations with respect to the BayfrontiTC I Redevelopment Plan, and each and any of its
Constituent Plans, in accordance with all remaining provisions of each applicable Constituent Plan
and the Merged Plan, at any time during which the Bayfron/TC I Redevelopment Plan and each and
any applicable Constituent Plan is effective.
2. Except with respect to the amendments set forth herein, the BayfrontiTC I
Redevelopment Plan, as amended and merged, shall remain unchanged, and in full force and effect in
accordance with its terms.
3. The City Clerk is hereby authorized to file a Notice of Exemption with the County of
San Diego pursuant to CEQA Guidelines Section 15094.
4. This Ordinance shall go into effect and be in full force and operation from and after
thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause this Ordinance to be published as set forth in City Charter
Section 3J2(b).
Presented by Approved as to form by
"-
/76-
Laurie A. Madigan
Community Development Director
DOCSOC\954990v4\242 J 2.0005 /).13-;-
------~-----_.__.._----_..---
COUNCIL AGENDA STATEMENT
Item No.: .3
Meeting Date: 1..Ll1IfI4
ITEM TITLE: Resolution of the City Council of the City of Chu1a Vista approving a
three-party agreement between the City of Chula Vista; David Evans and
Associates, Inc., Consultant; and Espanada CV, LLC, Applicant, for
consulting services related to the preparation of an Environmental Impact
Report (EIR) for the Espanada specific plan, general plan amendment, and
rezone, and authorizing the Mayor to execute said agreement.
SUBMITTED BY: 0"- of PImmillg ~d Boddm, f"
REVIEWED BY: City Manager ~~~~ (4/Sths Vote: Yes_No..1LJ
" "
The applicant, Espanada CV, LLC has filed specific plan, general plan amendment, and rezone
applications for the Espanada Project. The Environmental Review Coordinator has determined
that the proposed project requires the preparation of an Environmental Impact Report (EIR).
The item before the City Council is a request for the City Council to approve the proposed
contract with David Evans and Associates for an amount not to exceed $88,300 to provide
consultant services for the preparation of the CEQA required environmental documents for the
proposed project and an additional $22,075 for additional services should they be necessary.
RECOMMENDATION:
That the City adopt a Resolution approving a three-party agreement between the City of Chula
Vista; David Evans and Associates, Consultant; and Espanada CV, LLC, Applicant, for
consulting services related to the preparation of an EIR for the Espanada Project, and authorizing
the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The 4.6 acre project site is located in the City of Chula Vista on the north side of H Street
between Third Avenue and Fourth Avenue in a heavily urbanized area. The site is located is
Chula Vista's Central Area on the southern border of the Urban Core Area as described in the
General Plan. The project has been designed as a horizontal mixed use development. The project
consists of a high rise residential component, retail component, and restaurant component.
'3-1
Page 2, Item No.:3
Meeting Date: l.L1..liIl4
Pursuant to the California Environmental Quality Act (CEQA), the Environmental Review
Coordinator has determined that the proposed project requires the preparation of an
Environmental Impact Report (EIR). Plarming and Building Department staff does not have
the available time or expertise to prepare the needed EIR. Therefore, the applicant proposing
the project must enter into a three-party agreement for the preparation of the CEQA
documentation.
Consultant Services Selection Process
A request for proposal was distributed to the 28 persons or firms included on the City's list of
qualified Environmental Consultants, and six proposals were received. The Selection Committee,
designated by the Director of the Planning and Building Department, invited the three top-rated
firms to interview. The Selection Committee reviewed and ranked the proposals based on company
experience, quality of management team, capacity to perform the work, project understanding,
proposal quality and clarity, local experience, and billing rates.
The Environmental Review Coordinator and the Selection Committee have determined that
David Evans and Associates, through their proposal and the interview process, has demonstrated
the ability to perform the services as required for this project. David Evans and Associates
represents, and staff concurs, that they are experienced and staffed in a marmer such that they
can prepare and deliver the required services within the necessary time frames. The
Environmental Review Coordinator has negotiated the details of these agreements in accordance
with procedures set forth in Section 6.5.2 of the Environmental Review Procedures.
Scope of Work
David Evans and Associates will function as the Environmental Consultant to the City of
Chula Vista under a three-party agreement with the Applicant and under the supervision of the
City's Environmental Review Coordinator. The responsibilities of the Environmental
Consultant will include the following:
. Review of the available Project information;
. Preparation of an Initial Study and Notice of Preparation;
. Preparation of Screencheck, draft and final EIRs;
. Preparation of responses to comments received during public review;
. Preparation of Findings and the Mitigation Monitoring Reporting Program; and
. Attendance at team meetings and public hearings
,,' "
j't?"
Page 3, Item No.: 3
Meeting Date: l.L1..3Lili!
Contract P<\yment
The total cost of the contract for consulting services is $88,300, with an additional 25 %
contingency ($22,075) for additional services to cover unforeseen issues th<\t may arise during
preparation of the EIR and if determined to be necessary by the City's Environmental Review
Coordinator. The project applicant will pay all consultant costs, as well as reimburse any City
staff time associated with preparation of the Espanada specific plan, general plan amendment,
and rezone through <\ separate deposit account.
DEA will have contracts with the City with a combined total exceeding $50,000 (approximately
$300,000 dollars) within the upcoming 12 months; therefore, Council approval is necessary.
DEA is currently working on the environmental impact report for Otay Ranch Village Seven.
The City Attorney's Office has reviewed and approved the form of the contract.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The applicant, Espanada CV, LLC, will
fully compensate the consultant. The contract amount for consulting services is $88,300. The
contract allows the Contract Administrator to negotiate additional fees, which will be paid by the
applicant, not to exceed 25% of the total contract amount ($22,075) to cover unforeseen issues
that may be identified during the preparation of the EIR.
Attachments:
1. Vicinity Map
2. Three Party Agreement between the City of Chula Vista, David Evans and Associates,
Inc., and Espanada CV, LLc.
,.. /'
,::" :j
Attachment 1
SPECIFIC PLAN VICINITY MAP
Y5~ ~F"t ...... e
0 1000' 2000' N!J\1H
':< - ¡..¡.. PROJF.<:rVF$IG" CO",V'.",".
-../ :
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THREE-PARTY AGREEMENT BETWEEN CITY OF
CHULA VIST A, DA VID EVANS AND ASSOCIATES, INC,
CONSULTANT; AND ESPANADA CV, LLC, APPLICANT FOR
CONSULTING SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMP ACT REPORT (EIR) FOR ESP ANADA SPECIFIC
PLAN, GENERAL PLAN AMENDMENT, AND REZONE, AND
AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT
WHEREAS, the applicant, Espanada CV, LLC has filed Specific Plan, general plan
amendment, and rezone applications for the Espanada Project; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
project requires the preparation of an Environmental Impact Report (EIR); and
WHEREAS, the Environmental Coordinator and the Selection Committee have
dctcrmincd that the David Evans and Associates, through their proposal and the interview process, has
demonstrated the ability to perfoml the services as required for this project; and
WHEREAS, David Evans and Associates will function as the Environmental Consultant
to the City ofChula Vista under a three-party agreement with the Applicant and under the supervision of
the City's Environmental Review Coordinator; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Three-Party Agreement between City of Chula Vista, David Evans and
Associates, Inc., Consultant; and Espanada CV, LLC, Applicant, for consulting services related to the
preparation of an Environmental Impact Reporl (EIR) for the Espanada Specific plan, general plan
amendment, and rezone, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement on behalf of the City orChula Vista.
Presented by Approved as to form by
':~il'-])- n~ (~
Jim Sandoval Ann M ¿/
Director of Planning & Building City Attorney
.r"Il"""y'"",\Ag"cmcn','J P"'Y "1"""" Spec"-" PI'n
? ç'
J-./'
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
f~~/lI¿/J_/
i". ~~
. t7 nn Moore
City Attorney
Dated: 1/ ð ~6 If
Three Party Agreement between the City of Chula Vista;
David Evans and Associates, Inc., Consultant
And Espanada CV, LLC, Applicant, for consulting services
Related to the preparation of an Environmental Impact Report
(EIR) for the Espanada Specific Plan, general plan amendment, and
rezone.
3-~
- --------- -.-..-.--.----...-----------------
Three-Party Agreement
Between
City of Chula Vista,
David Evans and Associates, Inc., Consultant, and
Espanada CV, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicant's Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation ofthe State of California, the person designated
on the attached Exhibit A as "Consultant", David Evans and Associates, Inc. (herein after referred to
as "DEA") whose business form and address are indicated on the attached Exhibit A, and the persons
collectively designated on the attached Exhibit A as "Applicant", Espanada CV, LLC, whose
business forms and addresses are indicated on the attached Exhibit A, and is made with reference to
the following facts:
2. Recitals, Warranties and Representations.
2.1. WarrantvofOwnership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
22. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work ofthe general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
Three-Party Agreement
1/7/04 Page 1
/) rJ
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2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and ifnone are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required ofthe Consultant.
3_2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Three-Party Agreement
1/7/04 Page 2
'2-K
-J j
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments
of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant
is qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails orrefuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate ofthe costs of the additional work
which the City determines is or may be required. Applicant shall pay any and all additional costs for
the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corrcsponding reduction in the compensation associated with said reduction.
Upon failure to agree, the Fixed Fee maybe unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Tenns of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
Three-Party Agreement
1/7/04 Page 3
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3.3.1.1.3- Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days afterofthe use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each proj ect away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise
carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
Three-Party Agreement
1/7/04 Page 4
3-/0
_m ------- ----------- - ----
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course ofthe study or after its completion, except on written
concurrence ofthe City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed.by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access-
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
cormection with or arising from any such entry and access.
Threc-Party Agreement
1/7/04 Page 5
3-1/
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or ifnone are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless ofwhether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
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7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this Agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter ofthe Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration ofthis Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement.
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8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or ifthe Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision ofthis agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event oftermination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution ofthis agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance ofthis agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or dircction over Consultant's work.
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City ofChula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
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11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City reo Injuries.
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution ofthe work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees. Also covered is liability arising fTOm, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors and omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) except those claims arising from the negligence or
willful misconduct of City, it officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the termination of this Agreement.
11.2. Applicant to Indemnify City reo Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
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12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or furthernotice or demand in the same,
similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
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13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, iJlegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13. II. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance ofa payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
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13.12. Remedies.
The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
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Signature Page To
Three-Party Agreement
Between
City ofChula Vista,
David Evans and Associates, Inc., Consultant, and
Espanada CV, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page I of2)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto
on the date set forth adjacent thereto.
Dated: City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
Dated: Consultant: David Evans and Associates, Inc.
By: '_§:;~~@~~ ~
Karen L. Ruggels, Vi~dent
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Signature Page To
Three-Party Agreement
Between
City of ChuIa Vista,
David Evans and Associates, Inc., Consultant, and
Espanada CV, LLC, Applicant
For Consulting Work to be Rcndcrcd with rcgard to Applicants' Project
(Page 2 of 2)
Dated: ApplicanJ,:- - ---
rev Q,;A.h- ~Agr
rlz.~N
y:
Titl~: Fk-.-d9 ~r
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Exhibit A
Reference Date of Agreement: January 13, 2004
Effective Date of Agreement: Date of City Council Approval of Agreement
City: CityofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: David Evans and Associates, Inc. (herein after referred to as DEA)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 8989 Rio San Diego Drive, Suite 335
San Diego, CA 92108
Applicant: Espanada CV, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 303 H Street, Suite 300
Chula Vista, CA 91910
1. Property (Commonly known address or General Description):
The project site is located in the City ofChula Vista on the north side ofH Street between Third
Avenue and Fourth Avenue. The project site consists often separate parcels five of which are located
on H Street, two on Fourth Avenue, and three on Roosevelt Street.
2. Project Description ("Project"):
The project consists ofthe preparation of an Environmental Impact Report for the Espanada specific
plan, general plan amendment, and rezone. The specific plan will include a description of the
development area, development statistics, a generalized map ofthe land use locations, and individual
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development policies, requirements and regulations. Design guidelines will also be provided for
such project features as architecture, landscaping, lighting, and signage.
3. Entitlements applied for:
Proposed discretionary actions for the Property include: specific plan, general plan amendment,
rezone, and a design review permit.
4. General Nature of Consulting Services ("Services--Genera1"):
DEA shall prepare an EIR for Espanada Specific Plan, general plan amendment, and rezone, to the
satisfaction of the Environmental Review Coordinator and to meet State and City environmental
review requirements. The EIR shall be a Project EIR.
5. Detailed Scope of Work ("Detailed Services"):
DEA shall prepare an Environmental Impact Report (EIR) for the Espanada Specific Plan, general
plan amendment, and rezone, in accordance with the California Environmental Quality Act (CEQA).
DEA shall also work closely with the City ofChula Vista staff to ensure that the EIR for the project
shall meet all of the City's needs. The EIR must comply with the current California Environmental
Quality Act (CEQA) of 1970 (Public Resources Code Section 21000 et seq.); the current State
CEQA guidelines (California Administration Code section 15000 et seq.); the Environmental
Review Procedures of the City ofChula Vista; and the regulations, requirements, and procedures of
any responsible public agency or any agency with jurisdiction by law. All Detailed Services
described herein shall be performed by DEA to the satisfaction of the City's Environmental Review
Coordinator.
DEA shall consult with all trustee and responsible agencies, agencies having jurisdiction by law and
any other person or organization having control over or interest in the Development as necessary to
ensure that the EIR is current and complete as to issues raised by such agencies.
The Draft and Final EIR shall be prepared in such a manner that they will be meaningful and useful
to decision-makers and to the public. Technical data is to be summarized in the body of the report
and placed in an appendix. All documents shall be prepared in Microsoft Word 2000.
The EIR shall be prepared to include the required sections of an EIR, as set forth in applicable law
including State CEQA Guidelines Section 15122 - 15131. The document shall be formatted as
directed by the City and shall include, but not be limited to the following sections:
. Table of Contents
. Executive Summary
. Introduction
. Project Description
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. Environmental Setting
. Environmental Impact Analysis
. Cumulative Impacts
. Growth Inducing Impacts
. Alternatives
. Mitigation Monitoring & Reporting Program
. Irreversible Environmental Changes
. Effects Found not to be Significant
. References, Persons and Agencies Contacted and EIR Preparation
DEA shall compile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to
the NOP and any technical reports and relevant technical information generated for the EIR.
SPECIFIC TASK DESCRIPTION:
In providing environmental services for the Espanada Project, DEA shall perform the following
tasks:
Task 1- Initial Study and Notice of Preparation
Review of Existing Documents
DEA will review previous documents that pertain to the project, including, but not limited to:
1) The Gateway Specific Plan and Mitigated Negative Declaration
2) City ofChula Vista Zoning Code
3) Report of Preliminary Geotechnical Investigation Espanada H Street by SCST
4) Water Quality Technical Report by Project Design Consultants (PDC)
5) Preliminary Sewer Study Espanada by PDC
6) Phase 1 Site Assessment by Kahl Environmental Services
Project Initiation
DEA will participate in the project initiation meeting for the project. As a result of the project
initiation meeting, the schedule outlined in this proposal will be evaluated and coordinated with the
needs of the City and the applicant, and points of contact will be clearly identified. DEA will prepare
an environmental team contact list and distribute it to all team members. This list will provide
names, phone numbers, addresses, and areas ofresponsibility, and will include project applicant
representatives and City staff, as well as DEA team members.
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The DEA team will meet with the City staff and the applicant to review the proposed project and
obtain project information. Based on information provided by the City and the applicant, DEA will
prepare a detailed project description that will serve as the basis for the analysis.
Task la: Initial Study
DEA will prepare a draft Initial Study (Deliverable No.1) using the environmental checklist based
on the City ofChula Vista's Environmental Checklist Form or the Environmental ChecklistForm in
the State CEQA Guidelines (Appendix G) to assess the potential environmental impacts associated
with the Development and to identifY those issues that are potentially affected by the proposed
Development. The Environmental Checklist will form the basis to support which issues will be
addressed in detail in the EIR for the Development and which issues have been identified as not
significant and warrant no further discussion. City staff will review the draft Initial Study and, if
necessary provide comments to DEA. DEA shall incorporate the City's written comments and
provide the City with a final Initial Study (Deliverable No.2).
Task i a Deliverables:
. Draft initial Study and environmental checklistform
. Final Initial Study and environmental checklist form
Task 1 b: Notice of Preparation
DEA will prepare a draft Notice of Preparation (NOP) (Deliverable No.1). City staff will review the
draft NOP and, if necessary provide comments to DEA. DEA shall incorporate the City's comments
and provide the City with a final NOP (Deliverable No.2). DEA shall, in consultation with the City
of Chula Vista, distribute the document to the State Clearinghouse, each Responsible Agency, each
Trustee Agency, and public agencies, organizations and individuals that may be affected by the
project. The final NOP and the Environmental Checklist Form (Deliverable No.2) will be made
available for public review at local libraries and other appropriate locations. Comments received
during the 30-day public review period will be used to finalize the scope of the Draft EIR.
Task ibDeliverables:
. Five (5) copies of the Draft NOP
. Five (5) copies of the Final NOP
Task 2- First Screen check Draft EIR and Associated Technical Reports
DEA shall prepare a description of existing conditions for, collect data on, and analyze potential
impacts to the environmental issues identified in the project-specific Environmental Checklist Form
for the Development. The following is an outline ofthe contents for the Draft EIR. The preparation
of technical reports and any modeling required to complete these reports is addressed under the
individual issue discussions.
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. Executive Summary - This section provides an overview of the proposed project, including
a list of required discretionary approvals. The summary will also include a summary of
impacts and mitigation measures, known areas of controversy including issues raised by
agencies and the public, as well as a summary of alternatives to the proposed project.
. Introduction - The introduction will define the purpose, scope and legislative authority of
the EIR, requirements of the California Environmental Quality Act (CEQA) and other
pertinent environmental rules and regulations. This section will also describe the EIR
process, structure, required contents and its relationship to other potential responsible or
trustee agencies.
. Environmental Setting - The environmental setting will provide a description of the
existing site conditions. An overview of the local and regional environmental setting ofthe
project will also is provided in accordance with CEQA Guidelines Section 15125.
. Project Description - This section will provide the project location within the regional
context and a description of the project including proposed land uses, circulation, and
phasing. An overview ofthe project's background and objectives will also be provided, and
the required discretionary permits and approvals will be listed.
. Environmental Issues -- This section of the EIR will present an analysis of each of the
environmental issues identified in the project-specific Environmental Initial Study. The
analysis will identify potentially significant environmental impacts that could result from
implementation ofthe proposed Development and proposed mitigation measures to reduce
these impacts to below a level of significance.
. Other CEQA Mandated EIR Sections - This section will include the following areas, as
required by CEQA:
. Cumulative Impacts
. Growth Inducement
. Significant Irreversible Environmental Changes Which Would Be Involved in the
Proposed Action Should It Be Implemented
. Effects Found Not To Be Significant
Specific Issues to be Addressed in the Draft EIR:
Land Use, Planning, and Zoning
Existing plans, policies, and ordinances related to land use that affect the Development site will be
identified and reviewed. Documents to be reviewed include, but are not limited to:
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The Chula Vista General Plan and all related elements
The Chula Vista Zoning Ordinance as it relates to the specific property
The Gateway Specific Plan
The EIR will evaluate the Development for compatibility with adjacent land uses and surrounding
densities; identifY whether the Development has substantial conflicts with the established community
character; and identify inconsistencies or conflicts between the Development and the goals,
objectives, and policies of any applicable plan policy, ordinance, guideline, or regulation. The
analysis shall emphasize the transition between the proposed land uses and adjacent uses, either
existing or plarmed. The EIR will evaluate the impacts ofthe proposed physical improvements that
could result upon implementation ofthe Espanada Project. The EIR will include both a plan-to-plan
and a plan-to-ground land use analysis. The land use analysis will be contained in the EIR, and a
technical report will not be prepared for this issue.
Landform Alteration/Aesthetics
Development of this project will change the visual character ofthe surrounding area. An evaluation
ofthe proposed project and the visual impacts of development ofthe Property must be assessed. The
EIR will analyze the impact of the proposed development on community character. The necessary
text, maps and photo-documentation will be provided in the EIR describing the appearance before
and after the Development. A visual resource analysis will be conducted in conjunction with a site
visit evaluation. Key views will be identified and photographed within the viewshed of the site.
Photo Simulations
DEA will prepare computer-generated photo simulations, using state-of-the-art techniques. These
will provide an accurate depiction of the "before" and "after" project site conditions as viewed from
four different vantage points. Separate photos will depict the site "as is" and with the proposed
development. The determination of sensitive views and photo locations will be based on consultation
with City staff. The photo simulations may include optional elements, such as landscaping to assess
screening quality. Tasks associated with the preparation of the photo simulations include the
following:
. 3-D CADD Modeling of proposed structures (model setup)
. Scanning/editing four vantage point photos
. Scarming/editing additional site and/or vegetation photos
. 3-D CADD vantage point layout virtual rendering
. Photo imaging (merging master images and editing)
. Sheet layout and printing ("before" & "after" images with title information).
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Shade/Shadow Analysis
Computer modeling of the projects two proposed tower elements will be undertaken. The analysis
will include projections of shadows cast by the proposed project at various times of the day and year.
A discussion will be included in the EIR that will summarize the results of the shade/shadow
analysis and offer a determination of significance ofthe proposed project. Of particular concern will
be whether the project casts shadows on areas designated as open space/recreation and if the
proposed project will cast a perpetual shadow on residences or public areas.
Transportation, Circulation, and Access
The evaluation of transportation, circulation, and access issues will be based on a traffic study
prepared under separate contract to the City ofChula Vista by Darnell and Associates. Based upon
the traffic analysis, the EIR will identify potential impacts and recommend improvements to the
circulation system that will mitigate the project's traffic impacts to below a level of significance. A
copy of the final traffic technical report will also be included as an appendix to the EIR.
Air Quality
Subconsultant Giroux and Associates will complete an analysis of air quality impacts for the EIR
under the direction of DEA based on the state and federal ambient air quality standards and on
compatibility with the adopted air quality plan for the area. Air quality impacts fall into two areas:
(I) regional impacts, and (2) localized impacts. They are principally related to traffic on area
roadways and, to a Icsser extent, to large construction projects.
Giroux and Associates will complete an air quality analysis for the proposed project. This analysis
will involve the completion of a Caline carbon monoxide hot spot model for each circulation element
roadway based on traffic volumes developed by Darnell and Associates. An arbitrary receiver will
be placed at appropriate locations (if necessary), and a potential exposure level will be calculated.
In addition to the hot spot modeling, a regional discussion of air emissions will be developed based
on the proposed land uses. The air quality model URBEMIS will be used to project future emissions
generated by the project. This pollutant contribution will be compared to the regional air quality
conditions and an impact assessment will be made.
The modeling results will be summarized in the EIR. An air quality technical report will be prepared
by Giroux and Associates and will be included in the EIR appendices.
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Noise
Subconsultant Giroux and Associates will complete an analysis of noise impacts for the EIR under
the direction ofDEA. A noise analysis will be prepared to assess potential impacts associated with
short-term construction and vehicular impacts (utilizing the projected traffic counts).
The results of the acoustical analysis, in the form of a technical report, will be prepared by Giroux
and Associates and provided to City staff forreview. Giroux and Associates will prepare the noise
technical report in accordance with the requirements of the City of Chula Vista. City staff will
provide any comments on the acoustical analysis to DEA. The results ofthe acoustical analysis will
then be summarized in the EIR and the full written technical report will be included as an appendix
to the EIR.
Hydrology, Drainage, and Urban Stormwater Runoff
This section of the EIR will be prepared based on the drainage studies provided by the project
applicants. The drainage plans will be reviewed and approved by the CityofChula Vista Engineering
Department and incorporated into the EIR. The scope of work includes the following:
1. Based on information provided by the applicant prepared in conjunction with the specific
pIan, determine the potential for on- and off-site hydrologic impacts associated with the
proposed project. Also, describe any modifications to the drainage features that would be
anticipated to accommodate the proposed land use changes.
2. Describe necessary National Pollutant Discharge Elimination System (NPDES) permitting
requirements and best management practices (BMPs) based on consultation with the City of
Chula Vista Engineering Department. A list of BMPs appropriate and drainage fee
requirements for the project will be included as mitigation measures in the EIR. The
mitigation measures will be developed consistent with Order No. 2001-01 (NPDES No.
CASOI08758).
Geology and Soils
The discussion of Geology and Soils in the EIR will be based on a geotechnical study and Phase I
Environmental Site Assessment to be prepared by others. These studies will assess site conditions
and provides recommendations for earthwork construction. The conclusions and recommendations
of the studies will be summarized and any necessary site preparation measures will be included as
either standard conditions or as mitigation measures, as appropriate.
Public Services and Utilities
The ErR will document available services. A log of all contacts will be made and references will
be included in the EIR. DEA will complete the following tasks:
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1. Discuss park and recreation, library, schools, solid waste, gas, and electricity demands,
and assess the adequacy of facilities. Describe mitigation measures, if necessary.
2. Contact the City of Chula Vista Engineering Department and the project engineer to
document the current capacity/sizing of the sewer lines, current sewage generation rates for
commercial and residential uses, and any additional sewer facilities in the project area that
were discussed in previous EIRs.
3. Describe the sewage to be generated by the project and discuss any potential sewer capacity
impacts and mitigation measures, ifnecessary.
4. Contact the appropriate water provider to assess the issues associated with the provision of
potable and reclaimed water. Summarize the impact and mitigation requirements technical
studies for water and recycled water provided by the project applicants in the body of the
EIR.
5. Based on review of existing documents and contact with the Chula Vista police and fire
departments, describe current and anticipated response times, facilities, and personnel.
Determine whether the project will comply with the City of Chula Vista Thresholds
Standards Policy and describe mitigation measures that would be required for the project.
The EIR analysis will address services and facilities related to sewer and water, police, fire,
emergency medical service, recreation, schools, library, solid waste disposal, gas and electricity, and
telephone and cable. Other pub1ic facilities, such as transportation and drainage facilities, will be
appropriately referenced. In addition, the need for on-site and off-site public facility improvements
will be identified, impacts to public services and utilities will be assessed, and appropriate
mitigation, ifrequired, will be recommended. DEA will also prepare and distribute public service
letters to providers that are planned to serve the Espanada project. The responses to these letters will
be summarized in the EIR text. No technical report will be prepared for this issue.
Compliance with City Threshold and Standards Policy and Findings of Fact
In an effort to preserve the City's quality oflife, the City adopted a Growth Management Ordinance
(Chapter 19.09 of the Municipal Code) that contains Quality of Life Threshold Standards for 11
facilities and improvements. These include fire and emergency medical service, police, traffic, parks
and recreation, drainage, libraries, air quality, economics, schools, and sewer and water. The scope
of work for this section of the EIR will include the following:
1. Describe the City's threshold goals and standards for each of the 11 facilities.
2. Based on the analyses presented in the public services and facilities section of the EIR,
summarize the project's consistency with the established thresholds standards and
determine if the requirements have been satisfied.
Three-Party Agreement
1/7/04 Page 23
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Cumulative Impacts
The ErR will include a discussion of potential cumulative impacts. Cumulative impacts are defined
as those which by themselves may not result in signi ficant impacts, but when combined with similar
impacts from existing, approved but not yet built or plarmed projects could be cumulatively
considerable in their environmental effects, and therefore, potentially significant. Other cumulative
effects may be determined to be de minimus, and thus, not cumulatively significant. Issue areas
which are likely to be addressed in the Cumulative Impacts section ofthe project ErR include traffic
circulation, air quality, noise, public services and utilities, and biological resources. DEAwill
consult with City staff to update the list of projects and/or the appropriate "universe(s)" to be
considered in the cumulative impacts analysis.
Growth Inducement
The Growth Inducement section will focus on the potential of the proposed project to induce
economic or population growth and the construction of additional housing, either directly or
indirectly, in the surrounding environment. The project will be evaluated relative to the phasing of
community services and facilities to serve ncw development. The potential for the use of large
amounts of fuel or energy will be discussed. An important consideration will be compliance with the
Chula Vista growth management policies and threshold standards.
Alternatives
The Alternatives section of the EIR will be based on a description of "reasonable" project
alternatives, defined in consultation with City staff, which reduce or avoid potentially significant
impacts associated with the proposed project. Site-specific alternatives, if needed, will be developed
in response to the findings ofthe environmental analyses and the various technical studies and may
include alternative project design to mitigate one or more of the identified significant adverse
impacts ofthe proposed project. This may include a revised site plan or other feasible development
scenarios for the site. The No Project alternative is required by CEQA and will evaluate no new
development on the project site. The advantages and disadvantages of each alternative will be
compared to the proposed project and reasons for rejecting or recommending the alternative will be
discussed in the ErR.
Other Mandatory CEQA Sections
DEA will address all required CEQA sections, including all sections outlined above, in addition to
other mandatory sections, including Growth Inducement and Effects Not Found to be Significant.
The Development will be evaluated for its potential to induce economic or population growth
through construction of additional housing in thc surrounding environment, or by the provision of
community services and facilities to serve new development. DEA will also provide a summary of
those Effects Found Not to be Significant, with rationale provided as to how the conclusion of non-
Three-Party Agreement
1/7/04 Page 24
3-30
significance was reached. Additionally, Irreversible Environmental Changes will be discussed, as
will Unavoidable Significant Impacts. The discussion of mandatory effects will be contained in the
EIR.
Task 2: Deliverables
1. Twenty-five (25) copies of the First Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The First Screen check Draft EIR
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 3 - Second Screen check Draft EIR
DEA will incorporate City staff and legal counsel comments on the First Screencheck EIR and
prepare and submit twenty-five (25) copies of the Second Screencheck Draft EIR to the City for
review and comment.
Task 3: Deliverables
1. Twenty-five (25) copies of the Second Screencheck Draft EIR and Technical
Appendices, provided in three-ring binders. The Second Screencheck Draft EIR
shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing.
Task 4 - Third Screen check (Administrative) Draft EIR
DEA will incorporate City staff and legal counsel comments on the Second Screencheck Draft EIR
and prepare and submit five (5) copies of the Third Screencheck (Administrative) Draft EIR to the
City for review and comment.
Task 4: Deliverables
1. Five (5) copies of the Third Screen check Draft EIR and Technical Appendices,
provided in three-ring binders. The Third Screencheck Draft EIR shall be
prepared in Microsoft Word 2000 and shall be printed at single spacing.
Task 5 - Public Review Draft EIR/NOA/NOC
DEA will incorporate City staff and legal counsel comments on the Third Screencheck
(Administrative) Draft EIR and then prepare the public review Draft EIR acceptable to the City's
Environmental Review Coordinator. DEA will also prepare the Notice of Availability (NOA) and
Notice of Completion (NOC).
Task 5: Deliverables
1. Seventy-five (75) copies each of the NOA, NOC, Draft EIR and Appendices.
including ten (10) copies of the documents provided in three-ring binders and the
remainder bound.
Three-Party Agreement
1/7/04 Page 25
3~ 31
-....---------------------.--
Task 6 - Candidate Draft CEQA Findings of Fact/Statement of Overriding Considerations (SaC)
DEA will prepare Draft Candidate CEQA Findings of Fact and, if necessary, a Statement of
Overriding Considerations for review by City of Chula Vista staff and legal counsel. The Findings
will specify which mitigation measures have been incorporated into the project and those measures
that have not, and will explain why certain measures have been found to be infeasible. The Findings
will also identify feasible project alternatives that could reduce adverse environmental effects but are
not being implemented, with an explanation as to why they are considered to be infeasible.
Task 6: Deliverables
I. Five (5) copies of the draft Candidate Findings of Fact and Statement of
Overriding Considerations.
Task 7 - Response to Comments/Final EIR/MMRP/NOD
Task 7a: Responses to Comments
Following the close of public review, DEA will meet with City staff and review all comments
received. DEA shall prepare draft responses to comments and associated revisions to the Draft EIR.
DEA will submit five (5) copies ofthe draft responses to comments and amended EIR sections to the
City for review by City of Chula Vista staff and legal counsel.
DEA shall revise the draft responses to comments and amended EIR sections based on comments
submitted by City staff and legal counsel. DEA shall then submit the revised draft responses to
comments and amended EIR sections for review by the City. Any changes to the responses to
comments and amended EIR sections shall be subject to the approval of the City's Environmental
Review Coordinator. If additional studies or analyses are requested by the City as a result of the
comments received, DEA shall complete those studies based on the receipt of authorization from the
City's Environmental Review Coordinator.
Task 7a: Deliverables
I. Five (5) copies of the draft responses to comments and associated revisions to the
Draft EIR
2. Five (5) copies of the revised draft responses to comments and associated
revisions to the Draft EIR
Three-Party Agreement
1/7/04 Page 26
3- 3:J-
Task 7b: Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) will be developed at the draft ErR stage
and finalized after the close of public review. It will list and identify specific monitoring activities
that would be required on an issue-by-issue basis, and will establish a reporting system and criteria
for evaluating the success of the mitigation measures. In addition, the MMRP will outline the
appropriate time for mitigation of impacts, such as grading permits, final maps, landscape plans, or
other discretionary actions.
Task 7b: Deliverables
1. One (1) copy of the draft MMRP
2. One (1) copy of the revised draft MMRP
Task 7c: Final Candidate CEQA Findings of Fact and Statement of Overriding Considerations
Should the City determine that additional changes are needed to the draft Candidate CEQA Findings
of Fact and Statement of Overriding Considerations as a result of the comments received during the
public review period, DEA shall revise the draft Candidate Findings of Fact and Statement of
Overriding Considerations to incorporate these changes. Any changes to the Findings of Fact and
Statement of Overriding Considerations shall be subject to the approval ofthe City's Environmental
Review Coordinator.
Task 7c: Deliverables
1. Five (5) copies ofthefinal Candidate CEQA Findings of Fact and Statement of
Overriding Considerations
Task 7d: Final ErR
DEA will prepare a Final ErR, MMRP, Appendices, Candidate CEQA Findings of Fact and
Statement of Overriding Considerations (if applicable) and the Mitigation Monitoring and Reporting
Program (MMRP). DEA will provide thirty-five (35) copies of the final ErR and thirty-five (35)
copies ofthe ErR technical appendices to the City. DEA will also submit a full version of the Final
ErR in electronic format (Microsoft Word). In addition, a draft Notice of Determination and
California Department of Fish and Game (CDFG) fee certification letter for the project shall be
submitted by DEA to the City in preparation for filing with the County Clerk's office, upon project
approval.
Task 7d: Deliverables
1. Thirty-five (35) copies of the Final EIR, MMRP, Appendices, and Candidate
CEQA Findings and Statement of Overriding Considerations (if applicable),
including ten (10) copies of the Final E1R provided in three-ring binders and the
remainder bound. One (l) copy of a draft NOD and CDFG fee certification
letter.
Three-Party Agreement
1/7/04 Page 27
3-33
------------- ---_._._-------
2. One (1) reproducible master copy of the Final EIR suitablefor reproduction on
City equipment and not three-hole punched; and One (1) computer disk copy or
CD ROM version of the Final EIR and related documents that can be read by
Microsoft Word 2000.
Task 8 - Hearing/Meetings
DENs Project Manager will attend, at the direction of the City's Environmental Review
Coordinator, project team meetings throughout the Project duration. These include the following
meetings: One (1) project initiation and scoping meeting with the City, Applicant, and others; one
(1) project meeting or workshop if requested by the City; weekly meetings with City staff to discuss
the EIR and key issues as they arise; one (1) Resource Conservation Commission meeting; one (I)
Planning Commission meeting on the DEIR and one (1) Planning Commission hearing on the FEIR;
one (I) City Council hearing on the FEIR. DEA will attend weekly meetings with City staff. If
additional meetings are needed, they will be billed at a time and materials basis at an agreed to cost.
Additional meetings requested by the City will be considered additional work pursuant to Section
3.2.2 of this Agreement.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I: Draft NOP and Initial Study January 20, 2004
Deliverable No.2: Final NOP and Initial Study January 22, 2004
Deliverable No.3: Draft Technical Reports (air qualit)í noise) February 10, 2004
Deliverable No.4 First Screencheck EIR February 24, 2004
Deliverable No.5: Second Screencheck EIR March 30, 2004
Deliverable No.6: Third Screencheck EIR May 7, 2004
Deliverable No.7: Public Review Draft EIRINOCINOA May 24, 2004
Deliverable No.8: Draft Findings of Fact and Statement of July 7,2004
Overriding Considerations
Deliverable No.9: Draft FIR Response to Comments/MMRP July21,2004
Three-Party Agreement
1/7/04 Page 28
3.SLf
Deliverable No. 10: Final EIR/MMRPI Final Findings of Fact and sac August 4, 2004
Draft Notice of Detennination/CDFG fee lIT.
Deliverable No. 11: Meeting; and Hearings Per Task 8
Dates for Completion of all Consultant Services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of the City's
Environmental Review Coordinator, whichever is later.
7. Documents to be provided by Applicant to Consultant:
(X) site plans 0 tentative tract maps (X) architectural elevations (X) project description.
(X) other: Specific Plan, PFFP (if applicable), Technical Reports (i.e. Geotechnical
Investigation, Drainage Study, Water Service Study, and Sewer Service Study), and related
documents.
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Espanada CV, LLC
303 H Street, Suite 300
Chula Vista, CA 91910
Consultant: Karen Ruggels, Contract Manager, DEA, Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority ofthe
department.
( ) Category No.4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale ofreal property.
Three-Party Agreement
1/7/04 Page 29
-;2,,:2,5
......-' ~
() Category No.5. Investments in business entities and sources of income ofthe
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
11. Permitted Subconsultants:
Giroux and Associates
17744 Sky Park Circle, Suite 210
Irvine, CA 92714
Giroux and Associates will complete the noise analysis and air quality analysis under the
direction of DE A.
Three-Party Agreement
1/7/04 Page 30
::; ,3~
,- '
Exhibit B
Additional Recitals
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental
Review Coordinator has determined that the proposed Espanada Specific Plan, General Plan
amendment, and rezone, requires the preparation of an EIR; and
WHEREAS, it was determined by the Director of Planning and Building that staffhas neither
the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the environmental documents; and
WHEREAS, a Request for Proposal was distributed to 28 persons or firms included on the
list of qualified Environmental Consultants, and four proposals were received by the City; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the proposals and conduct interviews of the most qualified firms based on
established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top three firms and recommended
DEA Inc. to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, the proposed contract with DEA Inc. to provide consultant services would be in
an amount not to exceed $88,300 with an additional $22,075 for additional services should they be
necessary.
Three-Party Agreement
117104 Page 31
3 ~'"Î
,:::)/
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all ofthe General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
( X) Single Fixed Fee Amount: $88,300
EIR for the Espanada Specific Plan Plan, General Plan amendment, and rezone.
Milestone or Event Percent and Amount
of Fixed Fee
1. Signing of this agreement by aH parties and upon the 10% ($8,830)
request of the consultant.
2. Submittal ofNOP 10% ($8,830)
3. Submittal of First Screencheck Environmental Document* 30% ($26,490)
4. Commencement of Public Review 25% ($22,075)
5. Completion of Final Environmental Document 15% ($13,245)
6. Retention Percentage - See Section D. below 10% ($8,830)
7.25% Contingency Fee** $22,075
*For purposes of payment the first screencheck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A", Section 5) to the satisfaction of
the Environmental Review Coordinator. Payment shaH not be made until the City's Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
**The Environmental Review Coordinator in her discretion independently or upon request from the
Consultant, from timc to time, may negotiate additional services to be performed by the Consultant
under this Agreement in order to cover unforeseen issues that may be identified during the
Three-Party Agreement
1/7/04 Page 32
3-33
preparation of the environmental document ("Additional Services"). The cost of Additional Services
in cormection with the environmental document shall not exceed 25% of the total contract amount
($22,075).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() NoHo-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General
and Detailed Services herein required of Consultant for - including all Materials and other
"reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative
fee amounting to I 0% of the contract.
(X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $$88,300 (Plus
25% ifnegotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the City
Council. Nothing herein shall preclude Consultant ftom providing additional Services at Consultant's
own cost and expense.
Three-Party Agreement
1/7/04 Page 33
:::;< - -';;/1
:::? --,
----- -- -------.------------
Consultant's Rate Schedule
Hourly
Categorv of Employee Rate
Principal in Charge $148
Project Manager $88
Environmental Analyst $64
GraphicslW ork Processing $48
Graphics Specialist $60
Three-Party Agreement
1/7/04 Page 34
3-10
CONSULTANT'S COST BREAKDOWN- ESPANADA
Task Total Cost
Task 1 Initial Study/ Notice of Preparation
Initial Study Preparation (includes site tour, site analysis, literature review, Initial
Study) $2,416
Nap Preparation $1,272
Subtotal $3,688
Task 2 Prepare Technical Reports and First Screencheck
Land use $1,140
Landform/Aesthetics $1,340
Photosimmulations $17,000
Shade/Shadow Analysis $2,000
Air Quality $1,051
Air Quality Analysis (prepared by G&A) $2,000
Noise $1,051
Noise Study (prepared by G&A) $2,000
Traffic $1,140
Hydrology and Drainage $1,051
Geology and Soils $1,051
Public Services $1,140
Compliance with City Thresholds $1,108
Other Sections (includes Executive Summary, Project Description, Environmental
Setting, Cumulative Effects, Effects Found Not To Be Significant, CEQA Summary
Section, Growth Inducing Effects) $9,199
Alternatives $2,225
MMRP $1,140
Report Graphics/Word Processing $1,000
Subtotal Task 2 $46,636
Task 3 Revisions to First Screencheck Dract EIR $2,816
Task 4 Second Screencheck Draft EIR
Revise documents $2,520
Task 5 Third Screen check Draft (Administrative Draft)
Revise documents $1,880
Task 6 Public Review Draft EIR/NOA/NOC
Final Edits and Distribution $1,640
Task 7 Candidate Draft Findings and sac
Prepare, Revise and Finalize $2,000
Task 8 Responses to Comments/Final EIR/MMRP/NOD
Prepare drafts, revise and finalize $3,704
Task 9 Meetings and Hearings
Team Meetings (includes kick-off meeting and weekly team meetings) $3,344
Workshops/Hearings (includes 1 workshop, 2 Planning Commission hearings, 1 RCC
meeting, 1 City Council hearing) $2,888
Task 10 Project Coordination and Managemenl $5,600
Subtotal Task 3-10 $26,392
Subtotal EIR $78,300
Expenses $10,000
TOTAL $88,300
Three-Party Agreement
1/7/04 Page 35
3-'-1-/
Materials Separately Paid For by Applicant -
Cost or Rate
( ) Materials NA
Reports
Copies
( ) Travel NA
( ) Printing NA
( ) Postage NA
( ) Delivery NA
( ) Long Distance Telephone Charges NA
(X) Other -SANDAG Model Run Fees Actual
---- - - - -- --- ----- ------ - - --- -- - ---
Deposit
(X) Deposit Amount: $88,300- As agreed to by the Applicant, 50% ofthe Deposit ($44,150) is
to be made by Espanada CV, LLC prior to approval of this contract by the Chu1a Vista City
Council. Applicant agrees to provide the remainder ofthe deposit amount ($44,150) prior to
the CEQA required 45 day public review period for the EIR. Applicant agrees to deposit
within 10 days if City requests to do so, a sum (estimated to be up to $3,000) for additional
Materials separately paid for by the Applicant, and up to $22,075 if additional services are
required.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, ifthis paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing fTom the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
() Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
Three-Party Agreement
1/7/04 Page 36
3 -if;).
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(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First ofthe Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Milestone
C. City's Account Number: To be assigned after agreement is processed.
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. Ifthis space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $-
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction ofthe
Environmental Review Coordinator.
() Other:
Three-Party Agreement
1/7/04 Page 37
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COUNCIL AGENDA STATEMENT
ITEM~
MEETING DATE: January 13. 2004
ITEM TITLE: Resolution approving the City's application for
grant funds under the California Reading and Literacy
Improvement and Public Library Construction and
Renovation Bond Act of 2000 for construction of a new
library at the northwest corner of East H Street and Paseo
Ranchero (Rancho del Rey Library); making all necessary
certifications, including certifying the Library project
budget and committing local matching funds and
supplemental funds; approving the Joint Cooperative
Agreement with the Chula Vista Elementary School
District for the joint venture project; and authorizing the
Mayor to execute said agreement and all documents
necessary to complete the grant application,
SUBMITTED BY: Assistant City Manager palmer~
REVIEWED BY: City Manager f: p \V 4/5ths Vote: Yes - No ..x...
On August 20,2001 the City Council directed staff to prepare a "California Reading and
Literacy Improvement and Public Library Construction and Renovation Bond Act of
2000" grant application for the construction of the Rancho del Rey Branch Library. On
June 11, 2002, the City Council approved the application package for Cyc1e-I
consideration. Unfortunately, the City was not awarded a grant in that round. Therefore,
on March 25, 2003, the City Council approved an application package for a Cycle-2
submittal for grant funds.
On Tuesday, October 28, the California Public Library Construction and Renovation
Board considered 66 applications for state matching grants for public library construction
projects in California, They funded 16 projects totaling $108,157,632. Once again,
Chula Vista's application to construct the Rancho del Rey Branch Library was not one of
those funded. For the second time, the City received a "very good" overall rating and an
"excellent" rating on two of the four evaluation categories,
The City is now ready to re-submit for Cycle-3 consideration (see ATTACHMENT A-
Library Bond Act Application), Applications are due to the State Library on Friday,
January 16, 2004. It is expected that the Bond Act Board will make awards totaling
approximately $100 million in June, 2004. This will be the final round of grant awards
from the Library Bond Act of2000.
4-1
PAGE 2, ITEM 4
DATE: January 13,2004
RECOMMENDATION: That Council adopt the resolution. ..
(a) Approving the City's application for grant funds under
the California Reading and Literacy Improvement and
Public Library Construction and Renovation Bond Act
of 2000 for construction of a new library at the
northwest corner of East H Street and Paseo Ranchero;
(b) Certifying the project budget of$26,554,150 contained
in the Library Project Budget section ofthe Application
Form;
(c) Committing the City's local matching fund amount of
$6,334,379 identified in the Library Project Budget as
required by Education Code section 19995(a);
(d) Committing to provide supplemental funds of
$8,455,927 necessary to complete the project at the
level stated in the project budget;
(e) Certifying the availability of $6,334,379 in local
matching and $8,455,927 in supplemental funds
specified in the project budget when they are needed to
meet cash flow requirements for the project;
(f) Committing to operate the completed facility and
provide direct service; committing that the facility shall
be dedicated to public library direct service use for a
period of 40 years following completion of the project;
(g) Approving the Joint Cooperative Agreement with the
Chula Vista Elementary School District for the joint
venture program;
(h) Certifying the accuracy and truthfulness of all
information submitted in the Application Form and the
required supporting documents.
BOARD/COMMISSION RECOMMENDATION: At their meeting of March 19,
2003, the Library Board of Trustees approved the re-submittal of the grant application in
future rounds,
The Design Review Committee has met twice in workshop settings (March 4, 2002 and
April 15, 2002) to review the conceptual plans as they progressed.
At their meeting on May 13, 2002, the Resource Conservation Commission unanimously
recommended that Initial Study IS-02-40 and the Mitigated Negative Declaration be
accepted.
The Chula Vista Elementary School Board has approved a revised Cooperative
Agreement for the joint-venture program (see ATTACHMENT B - Joint Cooperative
Agreement).
I " ,-)
'i-if"
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PAGE 3, ITEM-L
DATE: January 13,2004
DISCUSSION:
The Chula Vista Public Library's October 2003 application to construct the Rancho del
Rey Branch Library received the following overall ratings!:
Ratio
216%
4
3
4
3
Yes
Some of the specific comments from the raters included:
. Needs Assessment: "A wide range of users groups was reached using a number
of methods. . ." "An in-depth and appropriate discussion of the library's collection
allocation plan." "Excellent analysis and conclusions regarding the community"
Service needs analysis was clear and consistent with Needs Assessment results."
. Plan of Service: "Goals and Objectives are unfocused," "A great vision
statement." "The plan of service did address the results of the Needs Assessment
very well, and the services were very clear, However, the goals section was
lacking."
. Joint Use Agreement: "The city is taking on virtually all planning,
implementation and funding for the joint venture service, with the school district
serving primarily in an advisory capacity." "This is not a mutually beneficial
partnership. The District's roles are mostly passive." "This agreement does not
reflect a well-balanced effort."
. Building Program: "Very Good general requirements. Excellent spatial
relationship narrative descriptions and spatial diagrams as welL" "Outstanding
description of the spatial relationships..." ".. .some spatial relationship
descriptions are conflicting."
. Conceptual Plans: "The conceptual plans meet many ofthe critical spatial
relationships called for in the building program, but there are a fair number of
spatial relationships that are not met or not met wel1." "The net-assignable and
non-assignable square footages match the building program requirements
exceptionally welL" "The majority of the spaces closely match building program
requirements."
1 Ratings are based on a scale of 1 to 4, with 4 being the highest or best ranking.
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PAGE 4, ITEM L
DATE: January 13, 2004
Based upon the rater's comments, staff has revised the goals and objectives section of the
plan of service in an attempt to address their concerns. Although the raters generally
praised the conceptual plan, staff disagrees with some of the very specific comments
about spatial relationships within the building and has chosen not to make any changes to
those plans.
The majority of negative comments are about the joint-use agreement with the school
district. The Council will recall that originally, the Library proposed building a 60,000
square foot joint-use library, in collaboration with the Sweetwater Union High School
District, at the Otay Ranch High School. Unfortunately, after months of discussion, the
high school district decided not to pursue that project with us. As a result, the Library
turned to the elementary school district. Although they were enthusiastic and supportive,
in these uncertain economic times, the district could not provide much in the way of
concrete elements within the partnership. Staff does believe that our "Born to Read"
program, which is the result of the partnership with the elementary district, is an
exceptional program,.. one from which the community will greatly benefit. However, it
appears that the raters are more concerned about equity of contribution.
Other parts of the original application, such as boundary survey of the site, the
geotechnical report, the title report and verification of site ownership have not changed in
this re-submittal.
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 Mitigated Negative
Declaration, IS-O2-040. Thus, no further environmental review or documentation is
necessary.
As stated above, final round of applications are due on Friday, January 16, 2004. During
the first and second cycles, the State Library took approximately six months to review
and rate the applications. Based upon State Library staff recommendations, the Library
Bond Act Board is expected to meet in June 2004 to make the final decisions as to which
grant applications are funded, Since the State Library expects as many, if not more,
applications in this final round the process will continue to be highly competitive.
FISCAL IMPACT:
During preparation of this application, the General Services Department advised the
Library that Worker's Compensation costs needed to be included as part ofthe project
costs, Therefore, Worker's Compensation Insurance has been included at a rate of 22%
of the estimated construction costs ($2,678,940).
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PAGES, ITEM ~
DATE: January 13, 2004
Additionally, the firm of Campbell-Anderson & Associates, Inc, has developed a new
cost estimate for the building construction and site development to incorporate the State
allowed cost-of-living increase since the second submittal of the second application for
round-two consideration. That cost-of-living escalator is one fifth of one percent through
the mid-point of construction and totals $905,800. That increase has been incorporated
into the building and site costs, which are now:
Building Costs $10,409,545
Site Costs $ 5,571,210
Sub-total $15,980,755
The other expenses are:
Books & Materials $ 3,470,600
FF&E $ 2,711,536
Interior Signage $ 81,634
Public Art $ 97,333
FeeslPerrnits $ 86,250
Worker's Comp Ins $ 2,678,940
Misc. $ 1,447,102
Sub-total $10,573,395
Grand Total $ 26,554,150
State Grant Share $ 11,763,844
DIP Share $ 14,790,306
Therefore, should the City of Chula Vista be awarded a Library Bond Act grant, the
project costs will total $26,554,150. Of that amount, the grant will reimburse the City
$11,763,844. The Public Facilities Development Impact Fee will pay for the remaining
$14,790,306, If the City is awarded the grant, the Library is expected to open in late fall
2006,
Because the entire application package is over 500 pages, only one complete package is
available in the Council Office for review by Council Members.
ATTACHMENTS
A - Library Bond Act Application
B - Joint Cooperative Agreement between the City and the District
4-5
RESOLUTION NO. 2004-
RES,OLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CITY'S APPLICATION
FOR GRANT FUNDS UNDER THE CALIFORNIA READING
AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT OF 2000
FOR CONSTRUCTION OF A NEW LIBRARY AT THE
NORTHWEST CORNER OF EAST H STREET AND PASEO
RANCHERO (RANCHO DEL REY LIBRARY); MAKING ALL
NECESSARY CERTIFICATIONS, INCLUDING CERTIFYING
THE LIBRARY PROJECT BUDGET AND COMMITTING
LOCAL MATCHING FUNDS AND SUPPLEMENTAL FUNDS;
APPROVING THE JOINT COOPERATIVE AGREEMENT
WITH THE CHULA VISTA ELEMENTARY SCHOOL
DISTRICT FOR THE JOINT VENTURE PROJECT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT AND ALL DOCUMENTS NECESSARY TO
COMPLETE THE GRANT APPLICATION
WHEREAS, on August 20, 200 I the City Council directed staff to prepare a "California
Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act
of 2000" grant application for the construction of the Rancho del Ray Branch Library; and
WHEREAS, on June II, 2002, the City Council approved the application package for
Cycle-I consideration, which was not funded in that round; and
WHEREAS, on March 25, 2003, the City Council approved an application package for a
Cycle-2 submittal for grant funds, which was not funded in that round; and
WHEREAS, the City will resubmit for Cycle 3 consideration; and
WHEREAS, the Bond Act Board willl11ake awards totaling approximately $100 million
in June 2004; and
WHEREAS, on March 19, 2003 the Library Board of Trustees approved the re-submittal
of the grant application in future rounds.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby:
(a) Approve the City's application for grant funds under the
California Reading and Literacy Improvement and Public
Library Construction and Renovation Bond Act of2000 for
construction of a new library at the northwest corner of East H
Street and Paseo Ranchero;
4-&
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(b) Certi fies tbe project budget of $26,554, 150 contained in the
LibrarÝ Project Budget section of the Application Form;
(c) Commits the City's local matching fund amount of$6,334,379
identified in the Library Project Budget as required by
Education Code section 19995(a);
(d) Commits to provide supplemental funds of$8,455,927
necessary to complete the project at the level stated in the
project budget;
(e) Certifies the availability of$6,334,379 in 10cal matching and
$8,455,927 in supplemental funds specified in the project
budget when they are needed to meet cash flow requirements
for the project;
(f) Commits to operate the completed facility and provide direct
service; committing that the facility shall be dedicated to public
library direct service use for a period of 40 years following
completion of the project;
(g) Approves the Joint Cooperative Agreement with the Chula
Vista Elementary School District for the joint venture program;
(h) Certifies the accuracy and truthfulness of all information
submitted in the Application Form and the required supporting
documents.
Presented by Approved as to form by
~
David Palmer A Moore
Deputy City Manager ity Attorney
JIAttorncylRcsolLibrary Ca Reading grant Rancho del Rcy LIbrary
4- rJ
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Section 20440, Appendix 1
APPLICA riON FORM
CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FUNDS
Administered by the California State Library, Office of Library Construction
The epplicant localjurisdiction, pursuant to the Education Code, TiUe1, Division 1, Part 11, Chapter 12, Articles 1-3, sections 19985-20011 and Title 5,
Division 2, Chapter 3, sections 20430-20444 of the California Code of Regulations, hereby makes application for a stete malching grant for the
construction or remodeling of the public library facility described herein and in all supporting documents:
APPLICA TION FORM INSTRUCTIONS:
* Limit comments throughout the entire form to the space provided unless otherwise stated.
* Single space responses, limiting type size to no smaller than 11 points if using a computer, or 12 pitch (elite) if a
typewriter is used.
* Attachments shall not be accepted unless required by regulation or called for in the application form,
* Applicants shall submit a completed Application Form and six additional copies of the form.
(See section 20440 for complete application submittal requirements)
PROJECT IDENTIFICATION
1. Official Name of Project: > Rancho del Rey Branch Library
2, Type of Applicant Jurisdiction: > (Check one only) City~ County 0 City/County 0 DistnctD
3. Grant Applicant Name: > City of Chula Vista
Legol nome of jurisdiction thot will own building
(FormuJtjputpOse projects, list the legol nome of the jurisdictions thotwlll own the public library portion of the multipurpose building.)
4, Authorized Official of the Applicant Jurisdiction: > Stephen C. Padilla
lIoyor, Chol",.rson of Soan! of SupelVlsors, Hod of Spec;ol Dlstrlcl, outhorizlld /0 sign tho oppllca/ion
Title: > Mayor Phone: > (619) 691-5044
E-mail: > spadilla@ci.chula-vista.ca.us
Address: > City of Chula Vista
276 Fourth Avenue, Chula Vista, CA 91910
5, Project Coordinator: > Paula Brown
Nome of Individual who will have administrative control over the projecl for the applicant local jurisdiction
Title: > Assistant Library Director Phone: > (619) 691-5068
E-mail: > pbrown@chulavista.lib.ca.us
Address: > City of Chula Vista, Library Department
365 F Street, Chula Vista, CA 91910
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6. Alternate Project Contact Person: > David J. Palmer
"the projecl coonlinetor Is une..ilabla, the contact person shall be authorized to acl in tire cepacity of the project coonlinator.
Title: > Assistant City Manager/Library Director Phone: > (619) 691-5170
E-mail: > dpalmer@chulavista.lib.ca.us
Address: > City of Chula Vista, Library Department
365 F Street, Chula Vista, CA 91910
7, Head of Planning Department: > Jim Sandoval
(For the applicanljurisdiclion, "applicable. Special Districts are exømpt)
Title: > Director of Planning and Building Phone: > (619) 691-5101
E-mail: > jsandoval@cLchula-vista.ca.us
Address: > City of Chula Vista, Planning and Building Department
276 Fourth Avenue, Chula Vista, CA 91910
8, Head of Public Works or General Services Department: > Jack Griffin
If Applicable: Head of Public Works or General Services Departmenl for the applicant jurisdiction. Special Districts are exempt
Title: > Director of General Services Phone: > (619) 397-6068
E-mail: > jgriffin@cLchula-vista.ca.us
Address: > City of Chula Vista, General Services Department
1800 Maxwell Road, Chula Vista, CA 91911
9, Operating Library Jurisdiction: > City of Chula Vista Public Library
Legal name of library that will operate Ihe public library
10. Library Director Name: > David J. Palmer
Public library director for the library jurisdiction thet will operate tire public library
Title: > Assistant City Manager/Library Director Phone: > (619) 691-5170
E-mail: > dpalmer@chulavista.lib.ca.us
Address: > City of Chula Vista, Library Department
365 F Street, Chula Vista, CA 91910
11, Alternate Library Contact Person: > Paula Brown
If the library director is unavailable, the contacl person shall be authorized to act in the capacity of the library director.
Title: > Assistant Library Director Phone: > (619) 691-5068
E-mail: > pbrown@Chulavista.lib.ca.us
Address: > City of Chula Vista, Library Department
365 F Street, Chula Vista, CA 91910
12, Library Building Program Consultant: > Beverely Simmons and Associates
(If applicable)
Title: > Consultant Phone: > (805) 659-2528
E-mail: > simmons415@aoi.com
Address: > 133 North Linden Drive
Ventura, CA 93004
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13, Technology Planning Consultant: > N/A
(If applicable)
Title: > Phone: >
E-mail: >
Address: >
14, Project Architect: > Gordon Carrier License # > C19621
Providing consfrucUon budget esUmete anrJIor conceptual pleas.
Title: > Principal Phone: > (619) 239-2353
E-mail: > grc@carrie~ohnson.com
Address: > Carrier Johnson, 1301 Third Avenue
San Diego, CA 92101
15. Project Manager: > Jack Griffin
(ffapplicab/e)
Title: > Director of General Services Phone: > (619) 397-6068
E-mail: > jgriffin@ci.chula-vista.ca.us
Address: > City of Chula Vista, General Service Department
1800 Maxwell Road, Chula Vista, CA 91911
16. Construction Manager: > Matt Little
(ffapplicable)
Title: > Building Park Construction Manager Phone: > (619) 397-6066
E-mail: > mlittle@ci.chula-vista.ca.us
Address: > City of Chula Vista, General Services Department
1800 Maxwell Road, Chula Vista, CA 91911
17, Construction Cost Estimator: > Graham C. Anderson
(ffapplicable)
Title: > Principal Phone: > (858) 455-8086
E-mail: > gcanderson@campbellanderson.com
Address: > Campbell-Anderson & Associates, Inc.
5405 Morehouse Drive, Suite 310, San Diego, CA 92121
18, Hazardous Materials Consultant: > N/A
(ff applicable)
Title: > Phone: >
E-mail: >
Address: >
19, Project Interior Designer: > N/A
(If applicable)
Title: > Phone: >
E-mail: >
Address: >
tf- 10 3
I TYPE OF PROJECT I
New Public Library Building Gross Total Project Sauare Footaae
1, Construction of a New Public Library Building > 36,392 SF
2, Conversion of an Existing Building into a New Public Library Building > SF
3. Conversion and Expansion of an Existing Building into a New Public Library > SF
~ ---""""-_J
Gross Sauare Footalle
Remodeling: > SF
Expansion: > SF
Priority:
0 First Prioritv 'Joint Use'
0 Co-Location Joint Use
0 Joint Venture Joint Use
0 Computer Center 0 Shared ElectroniclTelecommunications
0 Family Literacy Center 0 Subject Specialty Center
0 Homework Center 0 Career Center
0 Other similar collaborative library services with direct benefit to K-12 students
Specify: > Joint after-school educational and recreational programs
D Second Priority "All Others"
Existing Public Library Building Gross Total Proiect Sauare Footalle
4, Remodeling an Existing Public Library Building > SF
5, Remodelin and Expansion of an Existing Public Library Building > SF
(Include bo/tl new & remodeled square footage.)
Gross Sauare Footalle
Remodeling: > SF
Expansion: > SF
D First Prioritv
A public library project in the attendance area of a public school that has inadequate infrastructure to support access to
computers and other educational technology.
"Inadequate infrastructure" Is defined as an incoming telecommunication connection to a school building of equal to or less
than 512 thousand bits per second (512K bps).
Name of Public School: > N/A
D Second Prioritv "All Others"
Field Act Applicability (Joint use projects on(y)
6, Is the project subject to the Field Act? > Yes 0 No 0
4--1/
4
Multipurpose Buildings (Multipurpose Building Projects Only)
Is the project a Multipurpose Building? > Yes 0 No [8J
IA multipuf/JOSe building is a multl-occupantfaci/i/y, part 01 which is a public library and part 01 which is used for other purposes.}
Types of Multipurpose Building Uses & Square Footage Allocations
Space Use SQFT % I
1, Dedicated to Public Library Use > SF %
(Including Public Ubllry / School LIbrary Usa, if Joint Usa Project) Lln,'SFdividodby
(LinoISF+Lin,'SF)
2, Dedicated to "Other" Uses SQFT
A. Specify: > SF
B. Specify: > SF
C. Specify: > SF
D. Specify: > SF
E. Specify: > SF
F. Specify: > SF
G. Specify: > SF
H. Specify: > SF
3, Subtotal: Dedicated to "Other" Uses > SF %
Add Lin.. 2A SF Lin,' SF dividod by
thru2HSF {Lin, I SF+ Lin, , SF}
4, Common Areas'
5, Subtotal: Total of Common Areas' > SF
Must equal Line 6 SF+ Line 7 SF
SQFT
6. Public Library Pro Rata Share of Common Areas' > SF
Line 5SF x
% in Une 1
7. "Othe( Uses Pro Rata Share of Common Areas' > SF
Une5SFx
%inUne3
8, TOTAL MULTIPURPOSE BUILDING SQUARE FOOTAGE > SF
Add Lines 1 SF, 3 SF, &5SF
9, SF ATTRIBUTABLE TO PUBLIC LIBRARY USE > SF
Une 1 SF+ Line 6 SF
"Common Areas" are tho.. areas 01 a multi-occupant building that are shared by all occupants, such as lobbies, veslibules, mechanical rooms, restrooms,
custodial areas, delivery, shipping and receiving areas, loading docks, kilchenettes, auditoriums, meeting rooms, conference rooms, and s/oraga areas that are used
by a" parties 01 a multipurpose building.
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PROJECT PLANNING INFORMATION
I Population Growth I
When providing the 1980, 2000, and 2020 population figures below, the applicant shall count only those residents:
(a) Within the official boundaries of the applicant jurisdiction, and
(b) Within the service area of the proposed project, but
(c) Exclude all people living within the boundaries of other special district, county, or city public library service areas, for
which there is no public library service contract with the applicant.
All Projects:
1. Public library project's service area 1980 population: > 17,240
2, Source: > U.S. Census Bureau, 1980 Census
3. Population Percentage Change from 1980 to 2000: > 173%
4. Public library project's seNice area 2000 population: > 47,134
5. Source: > U.S. Census Bureau, 2000 Census
6. Population Percentage Change from 2000 to 2020: > 15%
7. Public library project's seNice area 2020 population: > 54,439
8. Source: > City of Chula Vista General Plan; Existing Policies- 2030 Cities/County Forecasting Process
Joint Use Projects (Both Co-location & Joint Venture Projects):
9, Project's public school attendance area(s) 1980 student population: > 1,680
10, Source: > Chula Vista Elementary School District
11. Population Percentage Change from 1980 to 2000: > 228%
12, Project's public school attendance area(s) 2000 student population: > 5,505
13. Source: > Chula Vista Elementary School District
14. Population Percentage Change from 2000 to 2020: > 17%
15, Project's public school attendance area(s) 2020 student population: > 6,430
16. Source: > Chula Vista Elementary School District, City of Chula Vista General Plan
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¡Existing Library Facility Square Footage I
Existing Public Library:
1. The current gross square footage of the existing public library(s) being replaced is: > 0 SF
«no existing public librlry facility, enter "0."
Existing School Library: (Co-located Projects Only)
2. The current gross square footage of the existing schoollibrary(s) being replaced is: > SF
«no existing schoollibrlry facility, enter "0."
Library Facilities Master Plan
Describe the relationship of the proposed project to other existing or planned library facilities for the jurisdiction.
The Rancho del Rey Library has been planned for since 1967. The City's 1967 and 1996 Library Master Plans set standards
for library space in the City. The 1967 Master Plan, entitled Chula Vista Public Library Master Plan; Facilities Planning to the
Year 2010, was developed by a joint venture of HBW Associates from Dallas and Michael Feerer & Associates from San Diego.
The report, which was commissioned following the Montgomery annexation, the largest annexation in the State at that time,
was designed to assess the City's future library facilities needs and outline the most appropriate, cost effective long-term
strategy for public libraries in Chula Vista. The 1967 plan recommended that the City build three new regional libraries in the
Montgomery/Otay (southwest), Sweetwater/Bonita (the Rancho del Rey area), and the Eastem Territories (southeast Section),
joining the existing library in the Central/Baytront or northwest section of the City.
During the 1990's, the City began to implement the 1967 Library Master Plan. In 1993, the EastLake Library opened on the
campus of the EastLake High School. This branch was designed to serve as an interim service point until a permanent library
could be built in the Eastern Territories. In 1995, the 37,000 Gross Square Foot (GSF) South Chula Vista Library opened to
serve the Montgomery/Otay area. By early 1997 the City's Growth Management Oversight Commission was asking the Library,
Fire and Police Department to develop new master plans in light of expected growth of the City. Therefore, in December 1997,
the Library hired the firm of David M. Griffith and Associates to revise the 1967 plan. The 1996 Library Facilities Master Plan,
which was accepted by Council in December 1998, is the Library's current blue print for future development. This plan calls for
the construction of a 30,000 GSF branch library at the City owned Rancho del Rey site in the Sweetwater/Bonita area as soon
as possible. A second 30,000 GSF library is also recommended in the Eastern Urban Center in the Otay Ranch area of the
Eastern Territories in approximately 2015.
The City's population at buildout in 2030 is expected to be approximately 275,000. The four regional libraries are
geographically situated in each of the four quadrants of the City such that each will serve between 50,000-75,000 residents.
The proposed Rancho del Rey Library will be one of these four.
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Age of the Existing Library Facility I
See Definition of "Existing Public Library," section 20430.
All Projects
1. When was the existing public library building(s) that will be replaced or improved built? > N/A Year
"no exls6ng public IIbral}'fac/l/ty, enter "NI A"
If proposed projecl will replace more than one
building, list the oldest of the buildings.
Co-Located Jojnt Use Projects Only
In addition to the information listed above:
2. When was the existing school library building(s) that will be replaced or improved built? > N/A Year
"no exlsUng school libraI}' facility, enter "N / A"
If proposed project will replace more than one
building, list the oldest of the buildings.
¡Condition of the Existing Library Facility
See Definition of "Existing Public Library, "section 20430.
All Projects
3. When was the most recent structuraP renovation or
expansion of the existing public library building(s) that N/A Year
is to be replaced or improved by the proposed project? >
"no ex/sUng public libral}'facllity, enter "N / A"
If proposed project will replace more than one
building, list the oldest of the buildings.
Co-Located Projects Only
In addition to the information listed above:
4. When was the most recent structural' renovation or
expansion of the existing school library building(s) that N/A Year
is to be replaced or improved by the proposed project? >
"no exls6ng school 11mI}' facility, enter "N I A"
If proposed project will replace more than one
building, list the oldest of the buildings.
1 Perf1llnlng to lire load bearing elemenls of the building
4-/5 8
SITE INFORMATION
Ownership and Availability
Site
1. Is the library site currently owned by the applicant? Yes [8J NoD
2. Will the library site be owned by the applicant? Yes [8J NoD
3. Will the library site be leased by the applicant? YesD No [8J
4. If the library site will be leased, provide the name of the owner: >
5. Was the site acquired with funds from the "Class Size Reduction
Kindergarten-University Public Education Facilities Bond Act of 1998"? YesD No~
[See Education Code section 19995 (e)]
6. Is the site currently dedicated to the operation of a public library? YesD No [8J
Building (For Conve"ion Projects Only)
7. Is the building to be converted currently owned by the applicant? YesD NoD
8. Will the building be owned by the applicant? YesD NoD
Title Considerations
Site
9. Are there any exceptions to marketable record title? YesD No [8J
Building (ForConve"ion Projects Only)
1 O. Are there any exceptions to marketable record title? YesD NoD
Appraisal
(No appraisal is required if the value ot the land or building will not be claimed as an eligible project cost ora focal matching fund credit.)
Site
11. What is the appraised value of the library site? > $ 2,586,375
(or library portion of site, if multipurpose project)
12. Does the appraiser have a State Certified General Real Estate Appraiser's License? Yes [8J NoD
Building (ForConva"ionProjects Only)
13. What is the appraised value of the building? > $
(or library portion of building, if multipurpose project)
14. Does the appraiser have a State Certified Generai Real Estate Appraiser's License? YesD NoD
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I Site Use Potential I
Accessibility
Describe the accessibility of the proposed site for the residents in the library service area:
Equal Access
Discuss the site's accessibility to all parts of the library service area and its location in relationship to the geographic center of
the library service area. Discuss any natural and artificial barriers that may impede access to the site.
The site is accessible by vehicle, bicycle or on foot from all directions. The site is approximately one mile from the geographic
center of the 15 square mile library service area, the intersection of East "H" Street and Otay lakes Road. The site is adjacent
to a major east-west corridor East "H" Street, and is approximately two miles away from two freeways (one is future). East "H"
Street and Paseo Ranchero provide direct access to most of the library service area. The most northern part of the service area
can be accessed via East "H" Street to Otay lakes Road to Bonita Road. The site is located in a residential area, near single
family and multi-family homes, is next to a YMCA facility and future teen center, and is within walking distance of two elementary
schools and one middle school. Two potential artificial barriers and one natural barrier exist. The site is next to a fire station and
fire training facility. Pedestrian access is not available across the fire department property; however, there is a sidewalk in front
of the station. There is no access from behind the fire station to the library site, as San Diego Gas & Electric has an easement
nearby and must approve any access, such as pedestrian trail, through its easement. The City may seek such approval in the
future. The natural barrier is that the west end of the site is adjacent to Coastal Sage Scrub, which must be protected, given the
presence of endangered gnatcatchers and the fact that the habitat area is under the City's potential Multiple Species
Conservation Plan area. However, as indicated above and on page 11, access is readily available, just not from each and every
point along the site's boundary.
Public Transit Access
. Number of public transit stops located within Y. mile of site: > ~
If public transit is available in the library service area, describe the various public transit access opportunities for the site. If no
public transit is available in the library service area, enter "No Public Transit Service."
Chula Vista Transit (CVT) operates the public bus system for the City, and has two bus routes that serve the library site on East
"H" Street. These two routes represent 21% of the total CVT ridership or passenger count. There are two bus stops within 1/4
mile of the site, one of which is next to the site. CVT receives funding from Metropolitan Transit District Board (MTDB), a regional
agency that plans and provides regional system bus, light rail (trolley), and rail services. MTDB recently adopted a 20-year
strategic plan, Transit Works, with the goal of "making transit a desirable option that people will make it their first choice for many
of their daily travel needs. Such a vision is predicated on establishing local policies that focus on pedestrian-friendly community
design principles and transit priority measures." To this end, MTDB has developed five candidate Transit First showcase projects.
The only proposed showcase project outside of the City of San Diego is in Chula Vista along the "H' Street corridor between the
"H" Street Trolley Station near 1-5 in western Chula Vista and Otay Ranch via Southwestern College in eastern Chula Vista. One
of eight proposed stations is at East "H" Street and Paseo Ranchero, due to the proximity to the proposed library and existing and
future YMCA facilities.
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Pedestrian & Bicycle Access
Describe other access opportunities such as pedestrian walkways and bicycle paths. Discuss plans for amount and location of
bicycle parking, including local ordinance requirements.
There are sidewalks located on both sides of Pasco Ranchero and East 'H' Street, providing access from the Rancho del Rey
community, from the nearby bus stops, and from the adjacent YMCA facility and teen center to the library. There is a future
possibility of developing a trail from the north side of the fire station, adjacent to the teen center, around the back of the fire
facility to the library site. This action requires San Diego Gas and Electric's approval to access its nearby easement and grading
work. There are City designated bicycle lanes on both East 'H' Street and Paseo Ranchero and around Rancho del Rey
Parkway, which connects to Paseo Ranchero, and is the main road connecting the north rancho del Rey community. These are
designated bike lanes per the City's 1996 Bikeway Master Plan. East 'H' Street is also a designated regional bikeway. There
are twelve bicycle spaces planned at both entrances to the library, for a total of 24. There are no local ordinance requirements
regarding the provision of bicycle parking for public facilities.
Automobile Access
Describe the site's accessibility by automobile for residents of the library service area. Take into consideration traffic, traffic
systems, and availability of curb cuts.
The site, located at the northwest comer of East 'H" Street and Paseo Ranchero, is well situated for vehicular access from all
directions by residents of the library service area. The site is approximately two miles east of Interstate 1-805 and two miles west
of future State Route 125. East "H" Street is a six-lane prime arterial, a major east-west corridor that runs from Interstate 1-5 to
the eastem boundary of the City, and runs through the middle of the service area. Paseo Ranchero, which is a 4-lane north-
south collector, runs from Rancho del Rey Parkway, which connects the northem Rancho del Rey community, south to
Telegraph Canyon Road. Paseo Ranchero then changes name to Heritage Road and will eventually connect to Main Street at
the City's southem boundary. The average daily traffic count (ADT) on East "H" Street is over 50,000. There is an 8-phase fully
actuated traffic signal with protective/permissive phasing for north and south directions at the intersection of East 'H" Street and
Paseo Ranchero. Residents will be abie to access the site from a driveway to be constructed off Paseo Ranchero and from a
right tum in/out only driveway to be constructed off East "H" Street. Curb cuts for pedestrian access ramps will need to be
constructed for these driveways. Traffic Engineering has reviewed and approved the project's conceptual driveway plans. A
deceleration lane is planned on East "H" Street to provide a separate lane for entering the driveway from this busy street.
Proximity to Maior Thorouahfares
List the major arterial routes in the library service area with the most recent traffic counts (number of vehicles per day):
Number of Blocks Traffic Count
Street Name from Site Count Date
1. > East H Street (Terra Nova-Del Rey Blvd.) 2 53,265 1/22-1/25/02
2. > Otay Lakes Road (East H Street-Gotham) 3 27,977 04/16/02
3. > Bonita Road (Allen School-Otay Lakes) 8 36,593 3/12/02
4. > Telegraph Canyon Road (Paseo Ladera) 3 50,461 4/2-4/5/02
t-/--!Z 11
Library Automobile Parking
1. Number of library parking spaces available off street, on library site: .............................> 175 spaces
2. Number of library parking spaces available off street, off library site: .............................> 0 spaces
(within 500 feet of front door)
3. Number of parking spaces available on street: ...............................................................> 10 spaces
(within 500 feet of front door)
4. Total Number of Spaces Available for Library Parking: ...................................................> 185 spaces
Zoning Requirements
5. Number of on-site library parking spaces required by local zoning: . ..............................> 0 spaces
6. Was a zoning variance or waiver obtained for the project for parking? ...........................> YesD No~
7. If so, by how many spaces were the parking requirements reduced? .............................> 0 spaces
8. Provide number of square feet per parking space as required by local zoning: ............. > 0 SF
9. If no local zoning requirement, provide the average number of square feet 369 SF
per parking space used in the project calculations: ............. ........................ .............. >
Automobile Parking to Building Square Footage Ratio
10. Calculate: # of Square Feet of Parking 64,575 SF
= = > 1.77 SF of Parking/1 SF of Building
# of Square Feet of Building 36,392 SF
Library Bicycle Parking
11. Total Number of Spaces Available for on-site Library Bicycle Parking ..........................> 24 spaces
4- /C} 12
..-....--.----- ---
Parking Rationale
Describe the rationale behind the amount of parking that will be available for the project, including: (1) the location of the
automobile parking (on-site or off-site), both within and beyond 500 feet of the library entrance; (2) local zoning requirements;
(3) the availability of public transportation; (4) bicycle parking and bicycle and pedestrian paths; and (5) any other considerations
impacting automobile parking requirements including, but not limited to, parking partnerships with shared use agreements.
The on-site parking provides 175 spaces, of which six are handicapped (one is van accessible). All of the 175 parking spaces
are within 500 feet of the north front entrance. (The south entrance fronts on East "H" Street and Paseo Ranchero to provide
enby for public transit riders and pedestrians.) There are no local zoning requirements for automobiles or bicycle parking for
public buildings, including libraries, in the City's Municipal Code. We therefore used the parking at the South Chula Vista Library
as a guide for detennining parking at the Rancho del Rey Library, which was acceptable to the Planning and Building
department and Public Works Department- Engineering Division. The South Chula Vista Library is 37,000 square feet and has
187 parking spaces. Based on these numbers, the parking for the proposed 36, 392 square foot library would be 184 spaces.
We have provided 9 fewer spaces for a variety of reasons. The proposed library site is in the middle of the Rancho del Rey
community, within walking distance of many single-family residences and across the street from a large apartment complex. We
believe many residents will walk to the library, given its central location and proximity to the YMCA facility. We have provided 24
bicycle parking spaces, 12 at the north entrance and 12 at the south entrance, given that there are bicycle lanes on both Paseo
Ranchero and East 'H" Street. There are two public transit stops on East "H" Street that are within one-quarter mile of the
library. The current two routes serving this area account for over 20% of the entire City ridership, so we do expect a number of
library patrons to visit via public transit. In addition, there is a possibility of a major transit project for the "H" Street corridor, with
a major transit stop adjacent to the library. This project would be done by the County's regional transit authority, and if funded,
could significantly increase public transit ridership. There are an estimated 10 parking spots on Paseo Magda, the street
opposite the Paseo Ranchero driveway entrance, which are within 500 feet of the north front entrance. Finally, we could
consider a parking partnership with the YMCA, to allow overflow parking for library patrons at its facilities. However, we do not
feel we will need that space unless we have occassional special events at the library that call for one-time additional parking
spaces. We would then consult with the YMCA staff on an as-needed basis. There is no provision for parking expansion due to
the requirements in the Mitigated Negative Declaration regarding protection of the Coastal Sage Scrub areas on the west side.
Please note that the proposed library surface parking lot shown on Page 16 is 70,864 sq. ft., which includes the driveways and
book drop off area. The actual area with parking spaces only is 64,575 sq. ft., as shown on Page 12.
Visibility
Describe how visible and prominent the public library building will be within the library service area.
The Library site is located along a major east-west corridor, East "H' Street, which has an average daily traffic count exceeding
50,000 vehicles. The intersecting street, Paseo Ranchero, is one of the main entrances to the Rancho del Rey development
and has a YMCA facility, future YMCA teen center, a fire station and Methodist Church on it, and provides the main access to
two elementary schools and one middle school, which are within a one-mile radius of the site, The site is approximately one
mile from Southwestern College, a community college; is one-half mile from the start of the Rancho del Rey Business Center
that contains, among other things, K-Mart, Costco, Home Depot, a movie theatre, professional offices, and a continuing
education private university; and is approximately two miles from Terra Nova Shopping Center that contains a grocery store,
drug store, two sporting goods stores, clothing stores, and other retail and eating establishments, The library is proposed to be
situated on the comer of the site, at East "H" Street and Paseo Ranchero, and have a second story that is visible and very
prominent from this comer.
4-;)0 13
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Community Context & Planning
Describe the proximity of the proposed site to other facilities and areas of the community, and how that proximity enhances the
use of the library by the residents in the library selVÎce area. Describe the appropriateness of the proposed site including
whether the proposed library project will contribute to the establishment, redevelopment, or revitalization of a community or
downtown core, business district, or neighborhood. Describe how the proposed library is connected to other uses, including
public use facilities, by a full range of transportation and pedestrian options.
The proposed site is in the heart of the Rancho del Rey community of 47,134 people. It is on the same street as a City fire
station, YMCA facility and future YMCA teen center, and a church, and is within a one-mile radius of two elementary schools, a
middle school and community parle It is within 1/2 mile to 11/2 miles of a very busy major retaillbusiness center that has a
Home Depot, K-Mart and Costco. As indicated in other sections of this application, the site is connected by sidewalks, roads,
and transit systems to two other major retail centers nearby on East 'H' Street, and a community college within 1 to 11/2 miles
on East 'H' Street There is a San Diego trolley stop further west on 'H' Street near Interstate 5, about six miles from the library
site, accessible via public transit or automobile that runs from the U.S.lMexico border north to the City of San Diego. We
anticipate heavy usage of the library by the public for these reasons. We expect the library to contribute to the forming of a true
neighborhood. During the various town hall and focus groups meetings, the most common refrain was the desire for the new
branch library to selVe as a community center and focal point for the community. Except for parks (with no community centers)
and fire stations, there is no civic presence in the sprawling suburban stretch of northeast Chula Vista.
Site Selection Process
Describe the site selection process including community and planning department involvement, consultant assistance, as well as
any other pertinent activities associated with determining the best site for the library project
The library site was actually selected in 1987, with the City Council's adoption of the Rancho del Rey Sectional Planning Area
(SPA) I Plan for an 80B-acre portion of the Rancho del Rey planned development at a public hearing in December 1987. The
land, within a parcel to be dedicated by the developer to the City for parkland and other public facilities, was set aside for both a
library and a fire station, if the City later determined a need to build the library at this location. This area was set aside based on
the findings and recommendations in the 1987 Library Master Plan, which called for the building of a sub-regional library in the
Sweetwater/Bonita area. The 1987 Library Master Plan included five recommended factors to consider when selecting a library
site- proximity to users at other activity places, visibility, accessibility, neighborhood compatibility/image, and site size/suitability.
The library site at East 'H' Street and Paseo Ranchero all positively fit these criteria. The SPA I Plan was prepared by a planning
consultant for the developer, working closely with the City's Planning Department There was no existing community as this was
the first of three SPAs for the EI Rancho del Rey Specific Plan. The 1998 Library Master Plan reaffirmed the specific site in
Rancho del Rey as the recommended location for the next branch library. The public attending the Needs Assessment
community meetings also affirmed their support for this location.
'-I - ;2.1 14
Site Selection Summary
Describe why the proposed site was selected and why it is the best available location for the proposed public library project. If
there are problems with the proposed site, are there mitigating circumstances that lessen the negative impact of the problem or
problems? Describe any proposed design solutions that may moderate the site's drawbacks.
The site for the Rancho del Rey library is exceptional. It was selected because of its location in the middle of the Rancho del
Rey community. The master-planned community of Rancho del Rey was well planned and well laid out to provide services for
its residents. The library site is adjacent to housing, to community cultural and recreation centers as well as to large open space
and habitat resource areas. It is located on a major city thoroughfare- East "H" Street. so it is highly visible and accessible by
motorists, pedestrians, and bicyclists. A major bus stop, along this primary transportation corridor through the city, is directly
adjacent to the proposed facility. The other bus stop within a quarter-mile of the site is across East "H" Street. It is configured
well to take advantage of natural daylighting opportunities and has sufficient size to accommodate the needed building square
footage, its complete parking requirement in addition to large courtyard, landscape and terrace amenities. It is within walking
distance of two elementary schools and a middle school and is close to Southwestern Community College. It is near three major
retail centers. It is located in a community that has no public library service. It is located in a service area with nine elementary
schools and over ten day care centers and private schools, two middle schools, one high school and one community college.
The minor drawbacks to this site, if any, for the new library would be its adjacency to the fire training area west of the fire station
and the elevation of the site slightly below the intersection of East 'H" Street and Paseo Ranchero. To mitigate the impact of
water over-spray from fire fighter training activities, the landscape design has provided an 8' masonry wall and extensive
evergreen screen tree plantings. These measures should minimize both the visual proximity of the training tower, and reduce
the amount of water mist carried across the site by the prevailing westerly breezes. Mitigation of the grade separation between
the intersection and the main floor of the library has been accomplished by creating two floors within the library facility. The
lower floor will contain the public library. This floor will be approximately 8-10 feet below the current elevation of the
intersection. The second floor of the facility, including a second entry, will be slightly higher than the elevation of the intersection
and hold the community meeting rooms and library administration spaces. Another minor drawback is its proximity to a habitat
resource area, which we also consider as a positive. Its proximity prevents us from expanding the parking lot due to the need to
remain out of this environmentally sensitive area. However, we do not intend to expand this branch library, therefore, parking
expansion is not really an issue.
Please note that the appraised value and metes and bounds description of the library site is 4.75 aces, or 206,910 sq, ft. as
shown on Page 16. However, based on the mitigated Negative Declaration, we will not be able to develop .49 acres or 21,381
sq. ft. due to the presence of Califomia Gnatcatcher in the Coastal Sage Scrub. Therefore, we are only counting the
developable area of 185.529 sq. ft., or 4.26 acres, valued at $2,319,110, $12.50 sq. ft., in the appraised value of land in the
Library Project Budget. Page 9 under Appraisal lists the full appraised value of $2,586,375 for the entire 4.75 acres. Page 25,
line 5, shows the value ofthe developable acreage of 4.26 acres at $2,319,110.
Please note that the title report is for the entire 14+ acre parcel that is owned by the City, of which 4,26 developeable acres is
proposed for the library site.
4 - ;)~ 15
---
I Site Description I
Size
The total square footage of the library site should equal the square footage shown in 1 through 8 below:
All Projects (Except Multipurpose Buildings) SQuare Footaae
1. Proposed Library Building Footprint' > 31,799 SF
2. Proposed Library Surface Parking Lot > 70,864 SF
3. Proposed Library Parking Structure Footprint' > 0 SF
4. Future Library Building Expansion Footprint' > 2,000 SF
5. Future Library Parking Expansion > 0 SF
6. Required Local Zoning Set-Backs > 33,003 SF
7. Desired Aesthetic Set-Backs & Amenities > 35,374 SF
8. Miscellaneous & Unusable Space > 34,039 SF
9, Total Square Footage of Library Project Site > 207,079 SF
10. Proposed Under-Building Parking > 0 SF
, "footprint" mea.. fIle sque.. footage of su"eco e... of fIle site fIlet a building or structu.. occupies. For example, a single story 10,000 squa.. foot building would have a
10,000 aqua.. foot footprln~ but a two-s/Oly 10,000 squa.. foot building willi 5,000 squa.. feet on each level would have a footprint of 5,000 squa.. fee~
MultjlJurlJose Buildjna Projects Onlv A B C D
Library' Library Portion Other3 Other'
Dedicated of Common Common Dedicated
SQFT SQFT SQFT SQFT
1. Proposed Building >
- - -
2. Proposed Surface Parking Lot > - - - -
3. Proposed Parking Structure > - - - -
4. Future Building Expansion > - -
5. Future Parking Expansion > - - - -
6. Required Local Zoning Set-Backs > - - - -
7. Desired Aesthetic Set-Backs & Amenities > - - - -
8. Miscellaneous & Unusable Space > - - -
-
9, Total Square Footage of Multipurpose Project Site> - - - -
10. Proposed Under-Building Parking > - - - -
. Ubrary ...... that portion of the project that provides space for the delivery and support of public library direct services, i!!>lJ!J!i!J¡¡ joint use schoo/library
seIVicos (co-Iocation or joint venture).
, "Other" uses means any other spuce that does !!!It provide for the delivery and support of public library direct services.
i-f-;).3 16
Zoning
Classification
1. What is the current zoning classification of the site? > PCPK (Park/Open Space) Public buildings are allowed
2. Will the site have to be rezoned to build the project? YesD No [8J
Variance or Waiver
3. Will a zoning variance or waiver be needed to build the project? YesD No [8J
4. If so, list the date the variance or waiver has been or will be granted? >
(Oate)
Permits & Fees
Permit & Fees Identification
Provide a list of any site permits or fees that have been or will need to be obtained:
Date Obtained or
Permit or Fee Cost of Permit or Fee will be Obtained
5. >Traffic Signal Fee $ 40,250 03/30/05
6. >Building Permit/Plan Check Fee $ 20,000 03/30/05
7. >Sewer Capacity Fee $ 22,000 03/30/05
8. >Grading Permit Fee $ 4,000 03/30/05
Drainage
9. Is the site in the 100-Year Flood Plain? YesD No ¡:g¡
10. Do any watercourses that require control drain onto the site? YesD No [8J
11. Do any watercourses that require control drain off the site? YesD No [8J
12. Is the storm sewer system currently adequate to prevent localized flooding of the site? Yes [8J NoD
Describe any necessary mitigation measures regarding drainage.
The City is a Municipal Co-permittee under the California Regional Water Quality Control Board, San Diego Region Order No.
2001-01, NPDES No. CAS0108758 ('Order"), which regulates the treatment of urban runoff prior to its discharge into municipal
storm drainage systems. Appropriate erosion control measures are required during construction to prevent discharge of
sediment into the storm drain system. The parking lot is a Priority Development under the Order and is required to comply with
Standard Urban Storm Water Mitigation Plans and Numeric Sizing Criteria through implementation of permanent, post-
construction best management practices (BMPs), consisting of non-structural (maintenance practices) and/or structural (e.g.
biofiltration, mechanical filtration devices). Complying with the Order through appropriate BMPs mitigates a potentially
significant impact to below a level of significance.
4-J-'-I 17
--___n______--
California Environmental Quality Act (CEQA)
CECA Litigation
Are there any unresolved legal actions pending against the project regarding CEQA compliance? Is so, provide the case name,
court number, and a brief explanation.
No, not applicable.
Energy Conservation
Describe what measures (including building design, solar orientation, materials, mechanical systems, natural ambient lighting,
etc.) are planned to reduce energy consumption and operating costs for the library.
The City Council has approved a statement that all future City buildings (including the library) develop a plan to exceed TiUe 24
by 20%. The library is designed to minimize lighting and HVAC energy consumption by carefully controlling the amount of heat
and sunlight allowed into the building, through thoughtful architectural siting and building orientation, creative glazing design and
consideration for the location of library uses. When additional lighting and cooling are required to operate the building, highly
efficient mechanical systems have been provided to supplement natural systems. The library's long axis runs generally east to
west, thereby, greatly reducing the amount of low angle, heat-producing sunlight that can impact west facing spaces in the
Library. Clerestory windows, with deep overhangs and recesses, are placed high within the main library space to maximize
indirect natural daylight levels and to reduce the amount of harmful direct sunlight allowed in. Building functions that do not
require large quantities of natural daylight have been placed on the south and west sides to buffer the public spaces from the
sun's direct impact. Insulated, low-E glass is used to reduce the amount of heat transmitted through the windows. The
placement of solid materials, such as stucco and stone tile, around the building reduces the amount of glass on the south and
will be zoned to provide appropriate cooling for the library spaces. Variable frequency drives for air handlers and central digital
control of the mechanical systems will improve the building's operting efficiency. High efficiency indirect artificial lighting will be
used in combination with natural daylighting in the major public spaces. Task lighting will be integrated at reader stations to
supplement ambient light levels while reducing overall energy consumption. Photovoltaic panels installed on the roof will be
included to reduce the peak electrical demand. Drought tolerant plant material will be used in a majority of the outdoor area to
conserve water.
4-;):3 18
-._----- ------------
Historic Buildings
Historic Status
1. Was the existing building, if it is being renovated or expanded as part of the project,
or any buildings on adjacent properties, built longer than 50 years ago? YesD NoD
Is the existing library building project, or any buildings on adjacent properties:
2. On the National Register of Historic Places? YesD NoD
3. A National Historic Landmark? YesD NoD
4. A National Monument? YesD NoD
5. On County or Municipal Historic Designation list? YesD NoD
6. On the Califomia Register of Historical Resources list? YesD NoD
7. A Califomia Historical landmark? YesD NoD
8. A State Point of Historical Interest? YesD NoD
Federal Compliance
9. Will this project utilize Federal funds or require a permit or license from a Federal Agency? Yes D No D
10. If yes, has the review process required by section 106 of the National Historic YesD NoD
Preservation Act been completed?
If not, please explain.
4 -;).(p 19
State Historic Preservation Office (SHPO)
1. Has the State Historic Preservation Office been contacted regarding the project? YesD NoD
If yes, summarize any comments received from SHPO. Does the project meet the Secretary of the Interior's Standards for the
Treatment of Historic Properties? Please explain.
Local Historic Preservation Ordinance
2. Is there a local historic preservation ordinance that applies to the proposed project site or any
adjacent properties? Yes 0 NoD
If yes, briefly specify any applicable requirements or restrictions, such as height limits, etc. Further, describe any ways that the
proposed project's conceptual design plans are not substantially in compliance with the local historic preservation ordinance.
LL ;;. '7 20
.....,--,----
Geotechnical Report
Identify and summarize any special geologic conditions, including, but not limited to, compressible and expansive soils, tunnels
and mine shafts, unstable slopes, active seismic zones, excessive ground water and areas prone to liquefaction. Indicate if
these conditions will prevent the use or significantly increase the cost of developing the site for a public library building.
A geotechnical investigation was perfonned for the proposed library site located at the northwest comer of the East "H" Street
and Paseo Ranchero. The site was originally mass graded in the late 1980's as part of the overall Rancho del Rey development
and is adjacent to a City of Chula Vista Fire Station. A summary of the significantly reported geologic conditions for the site
follows. No mineshafts or tunnels were discovered at the proposed library site. Also, no compressible soils, expansive soils,
unstable slopes, or groundwater were encountered that will affect the proposed development. The potentially active La Nacion
fault was regionally mapped to parallel the eastem boundary of the proposed library site along Paseo Ranchero. Subsequent to
a fault hazard investigation through the proposed site, it was concluded that no faults or significant fault-related features were
observed within the proposed library site. The geotechnical investigation perfonned concluded that the proposed library site has
a low potential for geologic hazards such as liquefaction, seismic settlement, subsidence, flooding, tsunamis, inundation and
seiches. The original mass grading of the library site resulted in fill soils varying in thickness from 2 to 19 feet below the existing
grade. Additionally, up to 20 feet of alluvial soil appears to have been left in place beneath the fill during the initial mass grading.
Due to this, the proposed library building will need to be supprted on end-bearing, drilled caissons embedded in formational
materials, which will not significantly increase the cost of developing the site for a public library. Based on the conclusion of the
geotechnical investigation, the proposed library site is suitable for the planned development.
Demolition
Describe any necessary demolition of structures and the associated costs involved with the site.
(If no demolition, Indicate by 'N/A 'I
Structure(s) to be Demolished Demolition Cost Estimate
1. > N/A $0
2. > $
3. > $
4. > $
5. > $
6. > $
Total Demolition: > $
LL-;J.? 21
I
------
Utilities
Describe availability of utilities and associated costs if any utilities are not currently located within 100 feet of a property line of the site.
\i!lli!y Availability Cost to brinQ Service to Site IIneliQible)
1. Electricity Yes~ NoD > $
2. Fiber Optic Cable YesD No~ > $
3. Telephone Yes~ NoD > $
4. Gas Yes~ NoD > $
5. Cable TV Yes~ NoD > $
6. Storm Sewer Yes~ NoD > $
7. Sanitary Sewer Yes~ NoD > $
8. Water Yes~ NoD > $
Site Development
(All off-site costs beyond 100 foot utility tie-ins are local ineligible expenses, but shall be identified and included In the budget estimate under ineligible
site development costs.)
Site Development Costs Eliaible Ineliaible
1. Utilities ................................................................................ ... > $ 303,497 $15,175
2. Cut, Fill & Rough Grading """"""""""""""""""""""""""""" > $198,568 $ 9,928
3. Special Foundation Support (pilings, etc.).................................. > $ 55,193 $ 2,760
4. Paving, curbs, gutters & sidewalks .....""""'" ....""""""""""" > $ 560,029 $ 28,001
5. Retaining Walls """"""""""""""""""""""""""'" ...... .. > $ 52,575 $ 2,630
6. Landscaping ................................................... ........ .. > $ 341,040 $17,052
7. Signage ......... ....................................................... ........... > $14,152 $ 708
8. Lighting ..................................................."""""'" .................. > $106,140 $ 5,307
9. Removal of underground tanks ....... .........."""""""""""""'" > $0 $0
10. Removal oftoxic materials ............. ............." ....................... > $0 $0
11. Rockremoval...................... ................... ...................... > $0 $0
12. Traffic signals...............................................................' .......... > $0 $0
Other (Specify):
13. Site imp.- environmental; central equip. pad; overspray > $ 899,359 $ 44,968
14. Offsite irrigation, traffic controller; decerlation lane wlin 100' > $ 500,428 $ 62,290
15, TOTAL SITE DEVELOPMENT COSTS: .............' .. > $ 3,030,981 $188,819
4-;)q 22
FINANCIAL INFORMATION
¡Normal Public Construction Costs in the Applicant's Area
For projects with new construc60n only (i.e., construc6ng a totally new libllIY building or the expansion to an e./s6ng building)
Construction Cost Index Approach:
To justify the eligible projected construction cosl estimate for new construction, applicants shall complete the following:
1) January 2002 current costs per square fool:
A. For new facilities: $202 /SF
B. For square footage added to an existing building, i.e. "expansions": $238 /SF
Mul6ply tha appropriate County Locality Adjuslmant Factor (2B) by the appropriate new cost per square foot figure (2C) (S.. sec6011 20436 (c) (t) to obtain the
"Locally Adjusted Construction Cost per Squa", Foot" figu", (20):
2) A. County: > San Diego County Locality Appropriale = D. > $196/SF
B. Adjustment Factor: > 0.97 X C. New Cost/SF: > $202/SF
Name of Project County (Select: IA or IB)
.. .. . I I
3) A. Locally Adjusted Construction Cost Per Square Foot: > $~/SF
(Re.enter LIne 20)
The "Locally Adjusted Construction Cost per Square Foot" (3A) figure may be increased by 1/5 percent per month for each
month from January 1, 2002, through to the estimated mid-point of construction of the project.
Multiply the number of months (4A) times .002 (t/5%) to get an inflatIon facto, (48), Multiply the inflation facto' (48) 6mes the "Locally
Adjusted Construc60n Cost per Square Foot" figu,e (4C) to get an "AddItional Cost per Square Foot" figure (4D):
Number Inflation Locally Adjusted Additional $ISF
4) A. otMonths:> 11: X .002 = B. Factor:> .094 X C. Construction $ISF: > $196/SF = O. > $~/SF
(1/5%) (Re..nter3A)
" I:
Add the ,esulting "Additional Cost pe' Square Fool" figure (5A) /0 the "Locally Adjusted Construction Cost pe' Square Foot" figure (58) to get
the "Eligible Projected Construc60n Cost per Square Foot" figure (5C):
Additional Locally Adjusted = Eligible Projected
5) A. Cost/SF: > $ ~ ISF + B. Construction $ISF: > $196 ISF C. Construction $ISF: > $ 214 ISF
(Re....ter 40) (Re.enler4C)
..
The total "Eligible Projected Construction Cost' for the project is calculated by multiplying the "Eligible Projected Construction Cost per
Square Foot" figure (5C) by the total number of square feet of new construction:
6) The Eligible Projected Construction $ISF: > $214/SF
Multiplied By (Re-enter SC)
7) The Square Footage of New Construction: > 36.392 SF
Equals
8) The Eligible Projected Construction Cost: > $ 7.787.888
If the projected conslruction cosl estimated by the project architect is lower than the figure in Line 8, the applicant shall use the lower figure as the normal
public construction cost in the applicant's area.
A 10% project contingency amount is allowed and is calculated by multiplying the total Eligible Projected Construction Cost by 10%:
9) Eligible Contingency: (10% of Line 8) > $778.788
4'30 23
---..--- -----~------
Comparable Public Construction Approach:
As an altemate to lIIe Construction Cost Index approacl1 to estimati~ normal construction costs in the appUcanrs area, lIIe applicant may employ a local public
construction cost comparison approach to calculate the EI~ible Projected Ccnstruction Cost figure. {See section 20436 (c){311 List a minimum of three comparable public
construction projects lIIat have been bid within the ap¡>lcanrs County within lllree years of the Board's deadline for application.
Comparable public construdion projects are public libraries, community colleges, post offices, museums, courthouses, city halls, auditoriums, convention centers, civic
centers, senior citizen centers, publicschoob, and recreation centers.
The costs listed shall be for construction 01 the building onty and exclusive 01 any s~e acquisition, demolition, developmen~ utilities, or landscaping; surface
and under building parking; works 01 art; shelving; fumiture; bui~-in service desks, counters, workstations, or other casework; movable equipment; or
architectural and engineering fees.
Construction
Prolect Date Bid CostiSF ~~
A. > $_/SF ¡mm¡
B, > $ - 'SF mJm
C, > $ - ISF ¡mg
D, > $ - ISF
Eo TOTAL >$_/SF ¡miJJ,'Jj
10) Locally Determined Comparable Cost Per Square Foot ($IS F): ~
> $ _/SF Divided by > - = >$_/SF
R....nterUneE # of Projects Locally Delarmined Ccmparab/e
Cost par Squa.. Foot
,. ...0 . 0'00 0
The "Locally Determined Comparable Cost per Square Foot" (10) figure may be increased by 1/5 percent per month tor each month trom
January 1, 2002, through to the estimated mid-point ot construction ot the project.
Multiply the number of months (1IA) times .002 (1/5%) to gel an inflation factor (118). Multiply the inflalion fBctor(118) times the "Locally
Delarmined Comparabla Cost per Square Fool" figure (1IC) to gel the "Addilional Cost per Square Fool" figure (lID):
Number Inflation Locally Determined
11) A. at Months: > X ,002 = B. Factor: > X C. Comparable $ISF: > $ 'SF = D. > $_'SF
- (1/5%) - (RHnter 10)
o' " , : I
Adding the resulting "Addilional Cosl per Square Foot" figure (llA) 10 the "Locally Determined ConstrucUon Cost per Square Foot" figure (128
gives the "Eligible Projected Construc60n Cost per Square Fool" figure (12C):
Additional Locally Determined Eligible Projected
12) A. CosUSF: > $_'SF + B. Construction $ISF: > $_'SF = C. Construction $ISF: > $ _'SF
(R....nterl1D) (Re..nterIIC)
.. I
The "Eligible Projected Construction Cost" is calculated by multiplying the "Eligible Projected Construction Cost per Square Foot"
figure (12C) times the square footage ot new construction:
13) The Eligible Projected Construction $ISF: > $_/SF
Multiplied By (R....nterI2C)
14) The Square Footage of New Construction: > SF
Equals -
15) The Eligible Projected Construction Cost: > $-
It the projected construction cost estimated by the project architect is lower than the figure in Line 15, the applicant shall use the lower figure
as the normal Dublic construction cost in the aDDlicant's area.
A 10% project contingency amount is allowed and is calculated by multiplying the total Eligible Projected Construction Cost by 10%:
16) Eligible Contingency; (10% ofUne 15) > $-
Lj-3J 24
-----
Library Project Budget (All projects ezceol Multipurpose Projects)
If there are no costs in any line i18m below for the proJec~ specify by pulling a zero "0" in the blank provIded.
Line Items; Eligible Ineligible
1) New Construction...................................................................................> $ 7,755,147 $0
2) Remodeling Construction.......................................................................> $0 $0
3) Contingency ...........................................................................................> $ 775,515 $ 426,533
4) Appraised Value of Building ............................................. .....................> $0 $0
5) Appraised Value of Land............................. ................ .....................> $ 2,319,110 $0
6) Site Development..................................................................................> $ 3,030,981 $188,819
7) Site Demolition......................................................... .....................> $0 $0
8) Site Permits & Fees ......................................................... .....................> $ 86,250 $0
9) Site Option to Purchase Agreement....................... ...................> $0 $0
10) Furnishings & Equipment Costs............................. ....... ................> $2,711,536 $0
11) Signage............................. .............. ............................ ............> $81,634 $0
12) Architectural & Engineering Fees........................................... ..............> $ 984,500 $0
13) Construction Cost Estimator Fees .........................................................> $ 42,300 $0
14) Interior Designer Fees............................................ ............................> $190,000 $0
15) Geotechnical/Geohazard Reports...... .................................................> $ 32,300 $0
16) Hazardous Materials Consultant Fees ............... ................................> $0 $0
17) Energy Audit, Structural Engineering, Feasibility & ADA Studies ..........> $0 $0
18) Library Consultant Fee........................ ................................................> $41,500 $0
19) Construction/Project Management.........................................................> $0 $ 360,000
20) Other Professional Fees ................... .................... ...............> $ 47,450 $ 146,600
21) Local Project Administration Costs ....................' .......................> $0 $ 562,500
22) Works of Art............................................................. ...................> $0 $ 97,333
23) Relocation Costs & Moving Costs............................ ...............> $0 $105,000
24) Acquisition of Library Materials .............. ...............................................> $0 $ 3,470,600
25) Other (Specify): Library Automation/Materials Management > $0 $ 406,602
26) Other (Specify): Aerial photos of site/Artists rendering of plan > $0 $13,000
27) Other (Specify): Workers Comp Insurance > $0 $ 2,678,940
28) TOTAL PROJECT COSTS:...................................................."............, > $18,098,223 $ 8,455,927
4-r3;)- 25
Sources of Project Revenue (All projects except Multipurpose Projects)
29) State Matching Funds (65% of Line 28' Eligible Costs) ................................................................... > $11,763,844
30) Local Matching Funds (Line 28 Eligibie Cosls minus Line29)......................................... .................. > $ 6,334,379
{IIIust al.. equal the totsl of LInes 31- 35J
Sources of Local Matching Funds:
31) City.................................................................................................. > $ 6,334,379
32) County................................................. ............... ..................... > $0
33) Special District ............................... ............................................> $0
34) Private........................................ .............................................. > $0
35) Other (Specify): > $0
36) Local Credits [Land' and A&E Fees] ........... .................. .............. ................................... > $0
37) Adjusted Local Match [Line 30 minus Line 36] ......................... ..............................................> $ 6,334,379
38) Supplemental Local Funds [Same as Line 28 ineligible] . ....................................................... > $ 8,455,927
39) TOTAL PROJECT INCOME: [Add Lines 29, 30, and 38] ......................................................... > $26,554,150
1 Up toa lIIIIJCimumof$2Ø,OOO,OOO
, Land credit!S not allowed for land acqui~ by funds from the "Class Size Reduction /(j?dergarten-University P~blic Education FaclliUes Bond Act of 199B"
Projected Library Operating Budget
(New Public Ubreries, includIng Conversion Projects !!f!Æ MulUpurpose Projects)
INITIAL
START.UP ANNUAL
EXPENDITURES EXPENSES EXPENSES
1, SalarieslBenefits > $138,679 $ 1,399,294
2. Facilities Costs > $ 82,050 $ 396,137
Insurance
Maintenance [Including Custodial, Trash, Landscaping, etc.]
Security
Utilities
Other (Specify):
3. Equipment & Supplies Costs > $ 54,700 $ 27,350
Equipment
Supplies
4, Materials > $ 3,470,600 $ 213,000
Books, AV, Magazines, & Newspapers
Electronic Services & Subscriptions
Other Formats
5, Other Allocations (As applicable to the proposed project) > $ 309,313 $ 399,528
Administrative/Business Office
Branch Operations
Circulation Services
Facilities & Capital Coordination
Program Planning
Technical Services
Other (Specify):
6, Miscellaneous (Other) > $ 7658 $
7, TOTAL EXPENDITURES: > $ 4,063,000 $ 2,435,309
1-/-33 26
-- ----------- -------------
Multipurpose Project Budget (With Library Project Budget) (MuIUpurposIPro}&c/sOn/y)
If tho..,.. no C.." in Iny lioa i/embefowforUreprojoc~ specifybypultlng,zoro "O"in tho blankspaceprovidod.
A B C D E
Library' Library Portion Library Library Other'
Line Items: Dedicated a/Common Total Total Total
EIiQibie EIiQibie EIiQibie IneliQible IneliQible
1. New Construction sO $0 sO SO sO
2. Remodeling Construction SO sO SO $0 $0
Contingency SO SO $0 SO SO
3.
4. Appraised Value of Building sO sO sO SO SO
5. Appraised Value of Land SO SO SO SO SO
6. Site Development SO SO SO SO SO
7. Site Demolition $0 SO $0 SO SO
8. Site Permits & Fees sO sO SO SO Sa
9. Site Option Agreement SO SO sa $0 sa
10. Furnishings & Equipment Costs sO SO SO $0 SO
11. Signage Sa Sa SO SO SO
12. Architectural & Engineering Fees $0 SO $0 SO SO
13. Construction Cost Estimator Fees SO SO sO SO SO
14. Interior Designer Fees SO SO SO SO SO
15. Geotechnical/Geohazard Reports SO SO SO Sa SO
16. Hazardous Materials Consultant Fees Sa SO SO $0 sa
17. Energy Audit, Structural, ADA, & SO SO SO sO SO
Engineering Feasibility Studies
18. Library Consultant Fees SO SO $0 SO $0
19. Construction/Project Management SO SO sO SO SO
20. Other Professional Fees sa sa Sa sa Sa
21. Local Project Administration Costs SO SO SO $0 sO
22. Works of Art Sa sa Sa sO Sa
23. Relocation Costs & Moving Costs sa SO $0 SO sa
24. Acquisition of Library Materials sO SO sO $0 $0
25. Other (Specify): Sa SO SO SO $0
26. Total Project Costs: SO SO SO SO SO
Librarym.... lhatpollion of the projectthlt provides spaco for the delivery ,nd support of public library direct services, including joint use school
library services (co-location or joint ventu..).
, "Other" uses mesnS ony other sp,co th,t does not provide for the delivery and support of public library direct services.
L' - 34- 27
Sources of Multipurpose Project Revenue (Multipurpose Projects Only)
27. State Matching Funds (65% of Line 26 Eligible Costs') ................................................................... > $
28. local Matching Funds.............................................................................................................. > $
{Column C, Line 26 minus Line 27. Must a/so equa/the Iota/of Lines 29-33]
Sources of local Matching Funds:
29. City ........................................ ..................................................... > $
30. County........................................................................... ............... > $
31. Special District............................ .................................................... > $
32. Private.............................................................................................> $
33. Other (Specify): > $
34. local Credits [land' and A&E Fees] ............... ........................................ ..........................., > $
35. Adjusted local Match [Line 28 minus Line 34] . ..........."" ............................> $
..........
36. Supplemental local Funds] .......................... ...............................> $
..... ..........."
(Same as Line 26 Library (D) and Other (E) Totallnel~lble)
37, TOTAL PROJECT INCOME: [Add Lines 27, 28, and 36] .....................................................".. > $
1 Uploa maximum of$2D,DOO.OOO
, Land clOd't Is nol a/lowed for land acquilOd by funds from the "C/ass Size Reduction Klnderr¡arten.University Public Education Facililles Bond Acl of 199B"
¡SaeEducallon C<>daseetion 19995 (c) which references Part6B(commencing with seellon I_Dofthe Educstion Code)
Projected Library Operating Budget (Multipurpose New C<>nstrucllon and Conversion Projects Only)
INITIAL
START.UP ANNUAL
EXPENDITURES EXPENSES EXPENSES
1, SalarieslBenefits > $ $
2, Facilities Costs > $ $
Insurance
Maintenance (Including Custodial, Trash, landscaping, etc.)
Security
Utilities
Other (Specify):
3, Equipment & Supplies Costs > $ $
Equipment
Supplies
4, Materials > $ $
Books, AV, Magazines, & Newspapers
Electronic ServiceS & Subscriptions
Other Formats
5, Other Allocations (As applicable to the proposed project) > $ $
Administrative/Business Office
Branch Operations
Circulation Services
Facilities & Capital Coordination
p~ram Planning
T nieal Services
Other (Specify):
6. Miscellaneous (Other) > $ $
7. TOTAL EXPENDITURES: > $ $
4-35 28
Financial Capacity (New Construct/on and Conversion Projects Only)
Applicants with new public library projects shall describe their financial capacity to open and maintain operation of the proposed
library including anticipated revenue sources for library operations support.
The City of Chula Vista funds library operations with General Fund discretionary revenues such as Sales & Use Taxes and
Property Taxes. The Fiscal Year 2003 Proposed Budget for the City's General Fund totals 109.5 million. The General Fund
has achieved operating surpluses (revenues in excess of expenditures) averaging $7.1 million over the last 5 fiscal years. It is
estimated that annual operating costs for our new library proposal will be approximately $2.3 million. At approximately 2% of
the General Fund budget by the time the library would be operational clearly the City of Chula Vista has the fiscal capacity to
open and operate the facility.
PROJECT TIMETABLE
Provide the timetable for the proposed project.
Show estimated dates of completion for future activities, as well as actual dates for activities already compieted.
ACTIVITY DATE
1. Planning and Land Use Permits Obtained (If Applicable) > N/A
2. Site Acquired (Obtain possession by Purchase, Donation or Lease) > 04/12/93
3. Schematic Plans Completion > 09/06/04
4. Design Development Plans Completion > 11/24/04
5. Working Drawings (90%) Completion > 03/30/05
6. Construction Documents Completion > OS/24/05
7. Project Advertised for Bids > 08/02/04
8. Start of Construction > 06/07/05
9. Estimated Mid-Point of Construction > 12/08/05
10. Completion of Construction > 06/08/06
11. Opening of Library Building to the Public > 10/09/06
12. Final Fiscal & Program Compliance Review Completed > 07/31/07
Lj.-3(p 29
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APPLICATION CERTIFICATION
SIGNATURES
The parties below attest to and certify the accuracy and truthfulness of the application for California Reading and Literacy
Improvement and Public Library Construction and Renovation Bond Act of 2000 funds. If the application is successful, the
applicant agrees to execute the project on the basis of the application data provided herein including all supporting documents.
¡AUTHORIZED OFFICIAL OF THE APPLICANT JURISDICTION I
Signature of Mayor, Chairperson of Board of Supervisors, or Head of District, authorized to make application for the local
jurisdiction.
> > January 13, 2004
Signature Date
> Stephen C. Padilla > Mayor, City of Chula Vista
Name (type) Title (type)
LlBRARY DIRECTOR OF THE OPERATING LIBRARY JURISDICTION I
I hereby affirm that the library jurisdiction, for which I am the administrative agent, approves of the application and will operate the
facility as a public library after its completion.
> ÇL,~~. > January 13, 2004
Sig Date
> David J. Palmer > Assistant City Manager/Library Director
Name (type) Title (type)
. SUBMIT COMPLETED APPLICA TION FORM AND SUPPORTING DOCUMENTS ACCORDING TO
INSTRUCTIONS IN SECTION 20440
. MAIL APPLICA TlON AND SUPPORTING DOCUMENTS TO:
Bond Act Fiscal Officer
Office of Library Construction
1029 J Street, Suite 400
Sacramento, CA 95814-2825
LJ--31 30
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORM ALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~4r~ 4W
Dated: (/;J !t51
Joint Cooperarlve Ágreement between the
City ofChula Vista and The Chula Vista
Elementary Schoo] District for Cooperative Services
Located at and delivered from the Rancho del Rey Branch
Of the Chula Vista Public Library
4- 3 '6
Joint Cooperative Agreement
Between the
City of Chula Vista and the Chula Vista Elementary School District
For
Cooperative Services Located at and delivered from the
Rancho del Rey Branch
Of the
Chula Vista Public Library
January 2004
A. Parties
This AGREEMENT is made and entered into by and between the City of Chula
Vista, a chartered municipal corporation of the State of California ("City"), and
the Chula Vista Elementary School District ("District"), a political subdivision of
the State of California. This agreement is made with reference to the following
facts:
B. Recitals
Whereas, the California Reading and Literacy Improvement and Public Library
construction and Renovation Bond Act of 2000 ("Bond Act") declares the
following in the Bond Act's Sec. 19985.5:
. Reading and literacy skills are fundamental to success in our economy
and our society
. The Legislature and Governor have made enormous strides in
improving the quality of reading instruction in public schools
. Public libraries are an important resource to further California's
reading and literacy goals both in conjunction with the public schools
and for the adult population
. The construction and renovation of public library facilities is necessary
to expand access to reading and literacy programs in California's
public education system and to expand access to public library services
for all residents of California; and
Whereas, the City is applying for funds from the Bond Act and Sec. 19994, (a)(l)
states that "First priority shall be given to joint use projects in which the agency
that operates the library and one or more school districts have a cooperative
agreement"; and
Whereas, the Chula Vista Public Library's Literacy Team ("Literacy Team") and
the District have had over 10 years of cooperative agreement to provide a
federally funded Even Start Family Literacy Program; and
Whereas, the Literacy Team has recognized the call for after school literacy
tutoring for elementary school children and now offers the Library Educational
After School Reading Program ("LEAP") at two branch libraries to serve 3'd
through 6[h grade students; and
Whereas, the Educational Services division of the Chula Vista Public Library
("CVPL") and the District currently have a cooperative agreement for after school
programming; and
I
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Whereas, the CVPL and the District currently have a cooperative agreement for
Library Skills Instruction to Lauderbach Elementary School students; and
Whereas, the CVPL Strategic Plan 2002-2006 calls for priority to basic literacy
and community collaboration; and
Whereas, the CVPL Needs Assessment telephone survey and participation
showed tremendous support for children's services and programs; and
Whereas, the City and the District now seek to define the responsibilities and
rights of the Parties concerning the two programs described in this Joint
Cooperative Agreement.
Now therefore be it resolved the parties hereby agree as follows:
C. Definitions
The Rancho del Rey Branch Library ("Rancho del Rey branch") of the Chula
Vista Public Library System, its site, and its materials, at the NW corner of East H
and Paseo Ranchero are owned, operated, furnished, maintained, and managed by
the City.
Weekly hours of operation ("Hours") of the Rancho del Rey branch to the
public will be at least 58 hours. The exact configuration will be determined
before the beginning of the fiscal year in which the Rancho del Rey branch is
scheduled to open.
D. Condition Precedent
This Agreement shall not be etIective unless and until City receives the award of
grant funds pursuant to the California Reading and Literacy Improvement and
Renovation Bond Act of 2000 for the construction of the Rancho del Rey branch.
E. Term of Agreement
The City and the District agree to provide joint venture services consistent with
the intent of this agreement for a period of 20 years from the effective date of this
agreement.
The Effective Date ("effective date") of this agreement shall be 9 months before
the first day of the fiscal year in which the operation of the new Rancho del Rey
branch of the CVPL is projected open to the public.
F. Joint Use Services
(a) The City and the District agree to collaboratively maintain the Born
to Read Family Resource Center ("FRC"), a family literacy program:
i. The FRC will be located in the Children's Library at the Rancho
del Rey branch. It will be open to the public all posted public
hours of the Rancho del Rey branch. The goal of the FRC is to
provide children, infancy through kindergarten, and their parents,
caregivers, and teachers with an Early Education Specialist,
2
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library books and materials, parenting information, and
developmentally appropriate programming to support emergent
literacy and language skills.
ii. Roles and Responsibilities of the City and District
1. The City shall administer the Rancho del Rey Library and
the Born to Read Family Resource Center. The City and its
Library Director shall retain all authority for rendering of
services, standards of performance, hiring and control of
persormel, and other matters incident to the performance of
services pursuant to this Agreement. First year staffing
includes:
l. 1FTE Early Education Specialist
ii. 1.5FTE Library Associate
iii. I Southwestern College early childhood
education intern
2. The City shall provide a full-time professional employee
designated as the Early Education Specialist to manage the
delivery of service from the Born to Read Family Resource
Center.
3. The District's Early Intervention Department will provide
training and technical assistance to the FRC staff as part of
the District's ongoing staff development program.
4. The District will identify and provide content area
specialists to consult with FRC staff and patrons on topics
including early childhood speech and hearing, language
acquisition, behavior issues, special education services,
community resources for families, and others.
5. The District's Director of Early Intervention will serve as a
liaison between the District and the City to provide regular
input and feedback to designated library management on
statTmg, programming, operation, and ongoing evaluation
ofFRC services.
6. The District's Director of Early Intervention will be a
member of the hiring panel to select the FRC's Early
Education Specialist.
7. The District will provide curriculwn to be utilized by the
FRC staff and will make recommendations for the FRC's
materials and resource collection.
8. The District will work with the City to identify grant
sources for program enhancements, and will provide in-
kind services of the District grant writer in preparation and
submittal of requests for funding.
3
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9. The District will publicize and disseminate promotional
materials about the FRC to District parents and teachers.
(b) The City and the District agree to collaboratively operate and provide
structured After School Programming for the educational and recreational
enrichment of 151-6th grade elementary school children.
The goal of the City and District's After School Program is to offer daily
structured educational and recreational enrichment programs to students
I sl-6,h grade located on elementary school campuses designated by the
District administered from the Rancho del Rey library.
(c) Roles and Responsibilities of the City and District
i. The City and the District will jointly fund the After School
Program from a combination of general funds, State Library
funds, State Education funds, and grant resources. All funding is
subject to the annual budget approval process by the City
Council and the District Board of Education.
11. The City shall administer the After School Program. The City
and its Library Director shall retain all authority for rendering of
services, standards of performance, hiring and control of
persormel, and other matters incident to the performance of
services pursuant to this Agreement. The After School Program
will be designed, implemented and administered by the
Educational Services division of the Library from the Rancho del
Rey branch. First year staffing includes:
a. 1 FTE Educational Services Manager
b. 3FTE Extended Day School Supervisors
c. Trained hourly part-time statIwill be hired
for each participating school site
111. The District will provide training and technical assistance to the
After School Program as needed and requested by the City.
iv. The District will provide a liaison between the District, school
principals, and the City to offer regular input and feedback to
designated library management on statfmg, programming,
operation, and ongoing evaluation of the After School Program.
v. The District will provide school persormel to serve as members
of the hiring panels to select After School Program staff.
vi. The District will work with the City to identify grant sources of
funding, and will provide in-kind services of the District grant
writer in preparation and submittal of requests for funding.
4
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vii. The District will publicize and disseminate promotional
materials about the After School Program to all District parents
and teachers.
G. The City and the District agree that a Joint Decision making Panel ("Panel")
shall govern the details of the Born to Read Family Resource Center and the After
School Program
The Panel is comprised of the following District and City Employees
(a) District:
. Executive Director of Business Services
. Assistant Superintendent for Community and Goverrunent
Services
. Director of Early Intervention
(b) City:
. Library Director
. Assistant Library Director
. Educational Services Manager
H. Modifications to the Joint Cooperative Agreement
The Panel shall meet annually, no less than 6 months prior to the beginning of the
fiscal year in which the programs are to begin or be renewed to:
. review and recommend to the Chula Vista City Council and Chula Vista
Elementary School District Board of Trustees modifications or changes to
this Joint Cooperative Agreement between the City and the District.
. identify, plan, and implement services of the two Programs.
(a) The Panel will submit a recommendation to the Chula Vista City
Council and the Chula Vista Elementary School District Board of
Trustees, an armual Memorandum of Understanding (MOU) for each
ofthe two Programs. The MOUs shall be presented to the District and
City prior to each jurisdiction's budget approval process. These
MOUs shall include:
1. Services to be delivered during the July-June time period for
each 12 month period
ii. Level of services to be delivered during the July-June time
period for each 12 month period
iii. Service delivery methods
iv. Hours of service delivery during the July-June time period
v. Program operating budget
VI. Number of paid FTE personnel
vii. Supervisory responsibilities
viii. Source(s) of funding for the program
IX. Fiscal agent
x. Volunteers required from the
5
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Xl. City and District
xii. Ownership and location ofrequired furnishings, equipment, and
workspace
xiii. In Kind contributions of staff and services
XIV. IdentifY City and District staffliaisons
1. Field Act Applicability
(a) The Rancho del Rey Branch library building is not required to meet the
Field Act requirement as described in the State of California Division of
State Architect's letter to the State Librarian of California dated January
11,2001.
1. The Rancho del Rey branch does not meet either of the two
requirements that trigger the Field Act, as described in the
State of California Division of State Architect's letter to the
State Librarian of California dated January 11,2001. Those
requlfements are:
1. The building is located on school property, or
2. The building or portion of the building provides space for
required educational purposes for more than 24 pupils
enrolled in kindergarten or any of the grades 1-12 at any
one time in the building.
J. 40 Year Commitment
(a) The City agrees to deliver public library direct service from the Rancho
del Rey Branch of the CVPL for 40 years as required by the Bond Act.
(b) The City acknowledges and incorporates in this document, as required by
the Bond Act, California Education Code section 19999, and the Bond
Act's Final (Codified) Title 5 regulations section 20440 (e)(3)(G)
. California Education Code section 19999:
(a) A facility, or the part thereot~ acquired, constructed,
or remodeled, or rehabilitated with grants received pursuant to this
chapter shall be dedicated to public library direct service use for a
period of not less than 20 years following completion of the
project.
(b) The interest of the state in land or a facility, or both,
pursuant to the funding of a project under this chapter, as described
in subdivision (a), may be transferred by the State Librarian from
the land or facility, or both, for which that funding was granted to
a replacement site and tàcility acquired or constructed for the
purpose of providing public library direct service.
(c If the facility, or any part thereot~ acquired, constructed,
remodeled, or habilitated with grants received pursuant to this
chapter ceases to be used for public library direct service prior to
the expiration of the period specified in subdivision (a), the board
is entitled to recover, from the grant recipient or the recipient's
successor in the maintenance of the facility, an amount that bears
6
CIDowm,n" and Settmg'lpaulablMy Dnwmen"IWmd97IEASTSlIJE LIBRARY-PROP 141CVESD Early Ch,ldbood
I'roleClIJOINT AGREEMENTI"INAL MARC!I'O3 rev ofFINALMOII-Appvd by CY AttomeyI2-1-03.doe
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the same ratio to the value of the facility, or the appropriate part
thereof, at the time it ceased to be used for public library direct
service as the amount of the grant bore to the cost of the facility
or the appropriate part thereof. For purposes of this subdivision,
the value of the facility, or the appropriate part thereof, is
determined by the mutual agreement of the board and the grant
recipient or successor, or through an action brought for that purpose
in the superior court.
(d) Notwithstanding subdivision (t) of Section 16724 ofthe
Government Code, any money recovered pursuant to subdivision (c)
shall be deposited in the fund, and shall be available for the
purpose of awarding grants for other projects.
. Section 20440(e) (3) (G) of Title 5, Library Bond Act Regulations,
Library Construction and Renovation Bond Act of 2000
A commitment that the facility shall be dedicated to public library direct
service use for a period of 40 years following completion of the project,
regardless of any operating agreements the applicant may have with other
jurisdictions or parties.
K. Causes for Termination, Removal or Suspension
Either party may terminate for cause this agreement by giving written notice to
the other party of such termination and specifying the effective date thereof at
least 10 working days before the effective date of each term. Events triggering
the right of either party to terminate this agreement are:
(a) Complete destruction of facility
(b) Failure of City or District to fund the Programs
(c) Failure of City or District to comply with federal, state and agency
laws, policies and procedures.
L. Operation Expense, Maintenance and Repair
(a) Except as herein provided, the City agrees to operate, maintain and repair,
at its own expense, the Rancho del Rey branch, normal wear and tear
excepted.
(b) City agrees to maintain computer hardware and telephone as well as
furnishings provided by the City.
(c) Operational Matters
i. District statI assigned to City Library shall be required to sign
computer usage agreements and comply with City policies and
procedures on use of City provided computer equipment and
system.
ii. The City shall provide keys for District staff assigned to the
Library to access Library facilities.
7
(:IDacumeats and Settmgslpaulab\My Dacuments\Wo,d97\EASTSIDE LIBRARY-PROP l4\CVESD Eady Childhood
i'mJectVOINT !\GREEMENT\FINAL MARC[\'OJ ,cv ofFINALMOIJ-Appvd by CV AttomeyI2-1-0J.doc
4-,-/5
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M. Intellectual Freedom
(a) The District acknowledges and accepts that CVPL subscribes to the
American Library Association's Library Bill of Rights and Freedom to
Read Statement.
(b) Neither Party shall remove, label, or prohibit access to any book,
periodical, audio visual material, microfilm and/or public use computer
owned by the City and provided in the CVPL.
N. Standard of Employees
The District and the City are committed to provide a safe and positive work
environment, and will be responsible for handling personnel issues in a timely and
professional manner while acknowledging employee representation, and
compliance with federal, state and agency laws, policies and procedures.
O. Liability for Damage- Property and Personal
The City and District agree to defend, indemnify and hold harmless each other
against any and all claims asserted or liability established for damages or injuries,
including death, to any person or property, including an officer, agent or
employee of one of the parties, which arise from or are connected with or are
caused or claimed to be caused by the negligent acts or omissions in carrying out
the terms of this agreement; provided, however, that no duty to indemnify or hold
harmless one party shall arise or exist regarding the established sole negligence or
willful misconduct of that party.
P. Remedies for Breach
(a) Detàult in Performance
If a party shall default in the performance of any covenant or condition
required by this Agreement to be performed by such party, then the other
party will give the breaching party notice citing such default and demand
the breaching party or any person claiming right through breaching party
to correct such default noticed, and upon giving such notice, the breaching
party shall correct such default as soon as practicable, but in no event later
than 30 days. Failure of breaching party to correct default may be the
basis for an injunctive order, writ of mandate, or other equitable action.
(b) Waiver
Any waiver of a detàult by either party is not a waiver of any other
default. Any waiver of a default must be in writing and be executed by the
chief executive officer of the party in order to constitute a valid and
binding waiver. Delay or failure to exercise a remedy or right is not a
waiver of that or any other remedy or right under this agreement. The use
of one remedy or right tor any default does not waive the use of another
remedy or right for the same default or for another or later default.
Q. Miscellaneous
Notices
8
C\IJocuments and SettmgslpaulablMy IJocumentslWocd971FASTSIIJF LIBRARY-PROP 141CVESD Early Chlldbnod
I'n>iectVOINT AliREEMENTIFINAL MARCI]'])3 cev oIFINAI.MOIJ-Appvd by CY AttnrneyI2-1-1J3.dnc
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All notices and demands shall be given in writing by personal delivery or
first-class mail, postage prepaid. Notices shall be addressed as appears below
for the respective Party, provided that, if any Party gives notice of a change of
name or address, notices shall be appropriately modified to reflect such
changes. Notices shall be deemed received seventy-two hours after deposit in
the United States mail.
Notice to the District:
Chula Vista Elementary School District
Superintendent
84 East J Street
Chula Vista, CA 91910
Notice to the City:
City of Chula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 91910
R. Compliance with Law
Both parties shall at all times in the maintenance, occupancy, and operation of a
Facility, and in provision of service, comply with all applicable laws, statutes,
ordinances, and regulations of City, County, State, and Federal Governments, at
that party's sole cost and expense. In addition, both parties shall comply with any
and all notices issued by the other party under the authority of any such law,
statute, ordinance, or regulation.
S. City Approval
The approval or consent of City, wherever required in this agreement, shall mean
the written approval or consent of the City Manager unless otherwise specified,
without need for further resolution by the City Council.
T. Partial Invalidity
If a court of competent jurisdiction finds any term, covenant, condition or
provision of this agreement invalid, void, or unenforceable, the remaining
provisions will remain in full force and effect.
U. Entire Understanding
This agreement contains the entire understanding of the parties. Both parties, by
signing this agreement, agree that there is no other written or oral understanding
between the parties with respect to this agreement. Each party has relied on its
own examination of the premises, advice from its own attorneys, and the
warranties, representation, and covenants of the agreement itself. Each of the
parties in this license agrees that no other party, agent or attorney of any other
9
ClDommcms aDd Sclt,agslpaulablMy Documca,,\Wmd97\EASTSIDE I.IBRARY-PROI' 141CVESD Early Childhood
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party has made any promise, representation, or warranty whatsoever which is not
contained in this agreement.
The failure or refusal of any party to read this agreement or other documents, and
obtain legal or other advice relevant to this transaction constitutes a waiver of any
objection, contention, or claim that might have been based on these actions. No
modification, amendment, or alteration of this agreement will be valid unless it is
in writing and signed by all parties.
V. Disputes
Any dispute involving this Agreement may be submitted in writing to the City's
Library Director or his/her designee and to the District's Director of Operations
and the District's Early Intervention Director. The Parties, in good faith, shall
attempt to resolve said dispute.
W. Amendment
This Agreement may only be amended by the written consent of all the Parties at
the time of such amendment.
X. Further Assurances
Each Party hereto agrees to perform any further acts and to execute and deliver
any further documents that may be reasonably necessary to carry out the
provisions of this Agreement
Y. Governing Law
This Agreement has been executed in and shall be governed by the laws of the
State of California.
Z. Headings and Interpretation
This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and headings are for convenience and shall not be used in
construing meaning.
AA. Counterparts
This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
BB. Authority
The City and the District represent that the individuals signing this
Agreement have full right and authority to bind their respective Parties to
this Agreement.
Cc. Invalidity
If any term, covenant, condition or provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder ofthe provisions hereof shall remain in full force and etIect and
shall in no way be at1ècted, impaired or invalidated thereby.
10
CIDoeuments and SettmgslpaulablMy DoeomentslWmd9711'ASTSIDE LIBRARY-PROP 14\CVESD Early Cll1ldhood
I'm ectClOINT AGREEMENTIFINAI. MARCII'U3 "c. oIFlNAI.MOIJ-Appvd by CV AttomeyI2-I-O3doc
:-,. :..¡ 'g
IN WITNESS HEREOF, the City and the District have executed this Agreement
thereby indicating they have read and understood the same, and indicate their full and
complete consent to its terms:
Dated: ,2004
City ofChula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Y. Moore, City Attorney
Dated: ,2004
11
C\[)ocum,nt, and SettmgslpaulablMy DucumcotSlWmd97lEASTSIDI' I.IßRAR Y -PROP 141CVESD Early Childhuod
Pm cctUOINT AGREFMENT\FJNAL MARCH'OJ rev "r FINAI.MOU-Appvd hy CY AttumeyI2-I-O3.doe
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COUNCIL AGENDA STATEMENT
Page 1, Item: 5
-
Meeting Date: 01113/04
ITEM TITLE: Resolution granting a no-build easement on a portion of the Oxford
Street park site, associated with the construction of Broadway Plaza.
SUBMITTED BY: Director of Planning mldin~
Director of Recreatio
Director of General ServIces ~.»-, Ib
Director of Public Works Operations
REVIEWED BY: ~l¿/ (4/Sths Vote: Yes - No X)
City Manager - 1-¡/
t~ On January 28,2003 City Council approved the purchase ofa 5.21 acre lot located on Oxford Street.
General Services staff are currently designing a park for this site which is adjacent to the Broadway
Plaza redevelopment site.
The developer of that site has requested that the City Council approve the granting of a no build
easement on a portion of the Oxford Street park site, associated with the construction of Broadway
Plaza, in exchange for the developer granting a public access easement over a portion of the
Broadway Plaza site between Naples Street and the park site.
RECOMMENDATION:
That the City Council approve the granting of a no build easement on a portion ofthe Oxford Street
park site, associated with the construction of Broadway Plaza, in exchange for the developer granting
a public access easement over a portion of the Broadway Plaza site between Naples Street and the
park site. The easement granted by the City will only be recorded upon contemporaneous
recordation of the map containing the grant of easement by the developer for park access.
BOARDS/COMMISSIONS RECOMMENDATION:
N/A
ENVIRONMENTAL DETERMINATION:
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
DISCUSSION:
Back!!round
On January 28, 2003 City Council approved the purchase of a 5.21 acre lot located on Oxford Street
between Broadway and the trolley right of way. General Services staff are currently in the process of
designing a park for this site which is adjacent to the Broadway Plaza redevelopment site.
C:IWINDOWSITcmporary [otemet F;IesIOLKFO I OICoonc;IAgcndaStmt Oxfocd 5t 00 boMd?c
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Page 2, Item: c:;
Meeting Date: 1/13/04
As part of the Broadway Plaza redevelopment, the loading bay ofthe proposed Walmart Building is
too close to the property line to comply with the Building Code requirement for a 60' no build
easement between it and the property line.
The developer of the Broadway Plaza site requested that the City allow the imposition of a 20 foot
wide x 122 foot long no build easement on the adjacent city park site to meet this requirement.
At the same time, City staff identified that the park site had no access to it from Naples Street to the
north and requested that the Broadway Plaza development provide an access easement for
pedestrians to walk through the development to access the park. The recommended minimum width
of this easement is 20 feet.
Staff recommends granting the no build easement over a portion of the park site, given that the City
will receive land in the form of the access easement over the Broadway Plaza site that will
compensate for the loss of the use ofland associated with the creation of the no build easement.
In Staff's opinion the creation of a 20 foot wide no-build easement over the park site will not
constrain the future design of park amenities or impede the use of the site.
The granting of this no build easement will not detrimentally affect the City's ability to provide the
desired park components. Staff developed two draft park master plans and presented them to the
public. Neither draft park master plan proposed a building element for the no build easement area.
The current proposal is that the improvements in the public access easement granted to the City by
the Broadway Plaza developer shall be installed, to City Standards, by the developer and maintained
by the City to keep the appearance consistent with the park.
The easement granted by the City win on1y be recorded upon contemporaneous recordation of the
map containing the grant of easement by the developer for park access.
Fiscal Impacts
The City win be responsible for an additional 0.3 acres of landscape for maintenance in the access
easement area.
Attachments:
A Grant of Easement
B Site Map Indicating Pedestrian Access
ClWINDOWSITemporary ¡",emet FilesIOLKFO¡OICounci¡AgcndaStmt Dxl",;¡ 51 no budd.doc c- "".
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RESOLUTION NO 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING A NO-BUILD EASEMENT ON A PORTION OF
THE OXFORD STREET PARK SITE, ASSOCIATED WITH THE
CONSTRUCTION OF BROADWAY PLAZA
WHEREAS, On January 28, 2003 City Council approved the purchase ofa 5.21
acre lot located on Oxford Street between Broadway and the trolley right of way.
General Services staff are currently in thc process of designing a park for this site which
is adjacent to the Broadway Plaza redcvelopment site.
WHEREAS, As part of the Broadway Plaza redevelopment the loading bay of the
proposcd Walmart Building is too close to the property line to comply with the Building
Code requirement for a 60' no build easement between it and the property line.
WHEREAS, Thc developer of the Broadway Plaza site requested that the City
allow the imposition ofa 20 foot wide x 122 foot long no build easement on the adjacent
city park sitc to meet this requirement.
WHEREAS, At lhe same time, City staff identified that the park site had no
access to it from Naples Street to the north and requested that the Broadway Plaza
development provide an access easement for pedestrians to walk through the
development to access the park. Thc recommended minimum width of this easement is
20 foot.
WHEREAS, Staffrecommends granting the easement over a portion of the park
since in this case the City will receive land in the form of the access easement over the
Broadway Plaza site that will compensate for the loss of the use ofland associated with
the creation of the no build easement.
WHEREAS, The current proposal is that the improvements in the public access
casement granted to the City by the Broadway Plaza developer shall be installed, to City
Standards, by the developer and maintained by the City to keep the appearance consistent
with the park.
WHEREAS, The easement granted by the City will only be recorded upon
contemporaneous recordation of the map containing the grant of easement by the
developer for park access.
NOW, THEREFORE BE IT RESOLVED that City Council of the City ofChula
Vista hereby approves the grant of casement in substantially the form attached hereto on
a portion of the Oxford Street park site, associated with the construction of Broadway
Plaza.
5-9
IT IS FURTHER RESOLVED that the Mayor of the City ofChula Vista is hcreby
authorized to execute the granl of easement on behalf of the City.
IT IS FURTHER RESOLVED that the City Clerk is hereby directed to record the
no build easement only after a final parcel map is recorded which contains an access
casement from Naples Street to the park on Oxford Street.
Presented by Approved as to form
(~We m( (~~
Jack Griffin Ann e
Director of General Services City Attomey
.I Allmncy!Rc,"",""""',, ¡wild "."",cn!
- 4-
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A TT ACHMENT 1
PLEASE COMPLETE TIllS INFORMATION
RECORDING REQUESTED BY'
CITY OF CHULA VISTA
AND WHEN RECORDED, MAIL TO
City ofChuIa Vista
Engineering Department
276 Fourth Avenue
Chula Vista, CA 91910 THIS SPACE FOR RECORDER'S USE ONL Y
APN 618-200-59 EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of
Chula Vista, a municipal corporation (Grantor)
Does hereby GRANT to the Wal-Mart Real Estate Business Trust, a Delaware statutory trust
(Grantee), an easement for: No Building Construction
across the real property in the City of Chula Vista, County of San Diego, State of California, described
as follows:
See Exhibit "A" for Legal Description
See Exhibit "Boo for Plat
Attached Hereto
In Witness Whereof, Grantor executed this instrument this day of ,200
THE CITY OF CHULA VISTA, a municipal corporation
BY:
Its: Mayor
---------- _._._------ --.----
STATE OF CALIFORNIA )
) S.S.
COUNTY OF SAN DIEGO)
On the ~ day of , 2003, before me, the undersigned, personally appeared
, personally known to me to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that byhislher/their signature(s) on the instrument,
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Susan Bigelow, CMC
City Clerk of the City of Chula Vista
(SEAL)
/
5-(p
EXHIBIT "A"
LEGAL DESCRIPTION
A NO BUILD EASEMENT OVER A PORTION OF PARCEL I OF PARCEL MAP
18363, IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF TIlE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 26,
1999, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERL Y CORNER OF SAID PARCEL I OF
PARCEL MAP 18363; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE
OF SAID PARCEL, S 18°28'10" E, 228.42 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE
SI8°28' 10"E, 188.00 FEET; THENCE LEAVING SAID EASTERLY LINE
S71 °31' 50"W, 20.00 FEET; THENCE N 18°28' 1 0" W, 188.00 FEET; THENCE
N7l °31 '50"E, 20.00 FEET TO THE TRUE POINT OF BEGINNING.
AREA ~ 3760 S.F. MORE OR LESS.
Wal-Mart Chula Vista
.---" --1 NEJ.N.I02-115.1
-"" / 1211l/2003
...;
CITY OF CHULA VISTA
EXHIBIT "B"
--- --~PO'
Ô'J I ,lcJ
~ L~
II ~,~ PARCEL 2
~ ~
);/ PARCEL MAP AP.N. 618-200-054 ~
é¡ 20 00' I .......
lìfJ 18363 N71'31'SO"E T.P.OB. ~
PARCEL 1 - - - - - -Q" -
A.P.N. 618-200-059 8 "C
~ ~
cj
, PARCEL 1 U
20.00
N77'31'SO"E I AP.N. 618-200-050 0:::
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~ 16 NOTES:
I 1ì) INDICATES NO-BUILD EASEMENT ~
VICINITY MAP I AREA OF NO-BUILD EASEMENT 3,760 S.F.
NO SCALE
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- - ~- - - - -
OXFORD STREET ~
NE J08 NO. 102-115.1 MAP PREPARED BY O.K. NASLAND PE, PLS
~ NASLAND ENGINEERING . ADDRESS 4740 RUFFNER STREET
V crvn. ENGINEERING. SURVEYING, LAND PLANNING ¡:::' - 0 CI TY SAN DIEGO ZIP 92111
m"""""u""",,""Di,,,,CoIJJ,rnJ..92111'B58-292-mO -..) C
DATE 12/11/2"0' PHONE No. 858-292-7770 LS 5562
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COUNCIL AGENDA STATEMENT
Item -1-
Meeting Date: 1/13/04
ITEM TITLE: Resolution Approving right-of-way contracts with eight property
owners providing monetary compensation and other considerations in
exchange for their granting of easements to the City necessary for the
construction of the [-80S/Olympic Parkway Improvement Project (STM-328)
and authorizing the City Clerk to accept said easements on the City's behalf.
SUBMITTED BY: Director of General Services (j)
City Engineer X
at.-
REVIEWED BY: City Manager It pI'"' (4/5ths Vote:_No....x.J
The City Council is requested to adopt a resolution approving right-of-way contracts with eight
property owners providing monetary compensation and other considerations in exchange for their
granting of easements to the City necessary for the construction of the I-80S/Olympic Parkway
Improvement Project (STM-328) and authorizing the City Clerk to accept said easements on the
City's behalf.
RECOMMENDATION: That Council adopt a resolution approving the eight right-of-way
contracts and authorize the City Clerk to accept the appurtenant Easement Deeds.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
The City Council voted on June 6, 2003 to adopt a Resolution of Necessity and authorized the City
Attorney to pursue the acquisition of easements necessary for the construction of the I-80S/Olympic
Parkway Improvement Project. This resolution affected 14 property owners. Through negotiations,
all 14 owners have agreed to grant the needed easements to the City and have executed right-of-way
contracts and easement deeds- The eight contracts presented here exceed staffs approval limit of
$25,000 as established by City Ordinance No. 18097. These eight contracts are substantially in
conformance with the City's original offers and the monetary consideration is consistent with the
City's appraised values for the easements. The eight ownerships are identified on the attached R/W
acquisition exhibit by identification number (1.0.) and assessor parcel number (A.P.N.) and are all
located adjacent to Olympic Parkway and east of I-80S. The contract amounts totaling $306,731.00
are as follows:
Parcel ID APN CONTRACT AMOUNT
8 624-210-08 $66,680
9 624-210-09 $43,200
10 624-210-10 $31,200
II 624-210-11 $33,100
12 624-210-12 $34,200
13 624-210-13 $31,851
14 624-210-16 $40,400
6 624-210-20 $26,100
FISCAL IMP ACT: Funds for these right-of-way acquisitions have been appropriated from the
City's TDiF Program (STM-328).
Exhibit: 1-805/E. Orange Ave/Olympic Parkway Early Acquisition Exhibit.
File: STM-328 (/-805/0L YMPIC) J:\EngineerlAGENDA II-80S Agreement Acceptdoc
(p- /
D }
LEGEND
IõIIiIf TEJoPORARY CONSTRUCTION PERMIT
... TEIÆ'ORARY ACCESS PERM IT
ØZI ROW TAKE
~
,- ..._._-::.:::~:.-;~=:
R/W ÅCQuíSiTro"N-~
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cfr-
LV. AJ'.H. REASON FOR ACOCJSITlON APPROX- AfI£A OF AcousmoN
1 62H00-13 RETAIlING WALl 12.3 1112 G32.4 sf]
2 624-100-14 RETAilING WALl 3G.5 m2 <392.9 sf]
3 G24-100-15 RETAHHG.WALl 37J 1112 <399..fsf]
4 G2Hoo-1G RETAHHG WALl <14.7 m2 (45.2 sf]
5 G24-2I0-28 ca.lJlHA71ON RETAHNG WALL/SCUD WALl 34.3 m2 <369.3 sf]
G G24-2I0-2t1 caew.71ON RETAHNG WALL/SCUD WALl 44.5 m2 (479.0 sf]
7 G24-2I0-17 Io«JOFÐ) SIOCIAIJ( PANEL 7.6 1112 111.8 sf]
8 G24-2Io-œ RETAHIIG WALl NÐ SCUD WALL GG.9 1112 1720.2 sf]
9 G24-2I0-09 RETAHHG WAlL NÐ SCUD WALL 162.7 1112 aaoo.o sf)
10 624-210-10 RETAHNG WALl NÐ SCUD WALL 180.9 m2 G947.3 sf]
11 624-210-11 RETAHIIGWm NO SCUD Ull 158.2 m2 GTO2.9J
N 12 624-210-12 RETAHHG WAlL NÐ SCUD WALL 171J m2 a9OG.4 sf)
13 624-210-13 RETAHNG wm NO SCUD WALL 24.8 m2 (2G()2.8 sf)
14 624-2IO-1G RETAINING WALl 137.0 m2 a474.7 sf)
1805 / EAST ORANGE AVE.
/ OLYMPIC PARKWAY
EARLY R/ W ACQUISITiON
EXHIBIT
I /,
/ . ....
SCALE: 1 : 2000 !j) { JULY 26, 2002
RESOLUTION NO.2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RIGHT OF WAY
CONTRACTS WITH EIGHT PROPERTY OWNERS PROVIDING
MONETARY COMPENSA TlON AND OTHER
CONSIDERATIONS IN EXCHANGE FOR THEIR GRANTING OF
EASEMENTS TO THE CITY NECESSARY FOR THE
CONSTRUCTION OF THE I-80S/OLYMPIC PARKWAY
IMPROVEMENT PROJECT (STM-328) AND AUTHORIZING
THE CITY CLERK TO ACCEPT SAID EASEMENTS ON THE
CITY'S BEHALF.
WHEREAS, the City Council voted on June 6, 2003 to adopt a Resolution of
Necessity and authorize the City Attorney to pursue the acquisition of easements necessary for the
construction oIl-80S/Olympic Parkway Improvement Project; and
WHEREAS, this resolution affected fourteen (14) property owners; and
WHEREAS, through negotiations, all 14 owners have agreed to the needed easements
10 the City and have executed right-of-way contracts and casement deeds; and
WHEREAS, eight contracts presented here exceed staffs approval limit of$25,OOO as
established by City Ordinance No. 18097; and
WHEREAS, these cight contracts are substantially in conformance with the City's
original oftèrs and the monetary considcrations is consistent with the City's appraisal values for the
easements.
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe CityofChula Vista
does hereby approve thc right-of-way contracts with eight property owners providing monetary
compensation and other considerations in exchange for their granting of easements to the City
necessary for the construction ofthe I-80S/Olympic Parkway lmprovemcnt Project (STM-328) and
authorizing the City Clerk to accept said easements on the City's behalf, a copy of which shall be
kept on file in the office of the City Clerk.
Presented by Approved as to form by
k~i
Jack Griffin Ann Moore
Director of General Services City Attorney
.I"Ullomey"'eso\F,,,";c"'s\STM-J28
b:';
. -----.--------------'--------
THE A TT ACHED AGREEMENTS HAVE BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(A ~ 9-\ 9--L-
Ann Moore
City Attomey
Dated: ~ 7, ~o°'f
Right-of- Way Contracts with Eight Property owners
Providing monetary compensation and other considerations
In exchange for their granting easements to the City necessary for the
Construction of the I-80S/Olympic Parkway Improvement Project (CY-IO2)
'I
!p-
- --- - ----.....------..---------..------..
Page 1 of 3
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: 1-805/East Orange Ave.lOlympic Parkway
Grantor(s): APN 624-210-08
JOY C. GRITTS and PHYLLIS A. GRinS, Document No. RJW2-10 (Grant Deed) and
husband and wife as joint tenants TCE2-11 (Grant Of Temporary Construction and
Access Easement)
Situs Address (or location):
454 Rivera Court
Chula Vista, CA 91911-5510
Caltrans Parcel No.: 3287
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and JOY C. GRITTS and PHYLLIS A. GRITTS, husband and wife as joinl tenants, herein called the
"Grantor(s)"
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R/W2-10 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No.: TCE2-11 (Grant Of Temporary Construction and Access Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1- A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple interest in the real property described in the Grant Deed along
with a permanent footing easement and requires a temporary easement interest in the property
described in lhe Grant Of Temporary Conslruction And Access Easement. These interests are
for a public use for which the City has the authority to exercise the power of eminent domain.
Grantors are compelled to grant the rights sought by the City and the City is compelled to
acquire the rights being sought.
C. Both Grantor(s) and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. In the event escrow is not closed within thirly (30) days of opening due to a delay in delivering
title free and clear of liens and encumbrances, the Grantor(s) hereby irrevocably grant(s) to
City, its contractors, agents, and all others deemed necessary by City, the irrevocable right to
possession and use of the property described in the Grant Deed and the property described in
the Grant Of Temporary Construction Easement. This provision will override any and all con-
ditions contained in said documents. The deposit into escrow of the amount shown in Section
2A includes fuil payment for such possession and use.
(p -!j.
JANMAC. INCJExpropriation Consultants (Chula Vista\Document File\RofW Contracts\TCE2-11-A) 12/18103
--- --------- -----
CITY OF CHULA VISTA - ENGINEERING DEPARrMENT Page 2 of 3
RIGHT OF WAY CONTRACT. CITY OF CHUlA VISTA
2. The City shall:
A. Pay to the order of the grantor(s) the sum of $66,680 for the property conveyed by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction And Access
Easement when title to the property conveyed by the Grant Deed is vested in the City free and
clear of all liens, encumbrances, easements, leases (recorded or unrecorded) and taxes,
except encumbrances and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with land America Commonwealth, San Diego office, within ten (10) working
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC.
C. Deposil into escrow the amount shown in Section 2A. Pay all notary, escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance.
D Construct a retaining wall and replace the existing fencing within the part taken with a sound
attenuation wall and extend the existing side yard fences to a point of connection with the new
sound attenuation wall (using comparable materials).
E. Indemnify the Grantor(s) for costs associated with damage to the structural integrity of
Grantor's existing swimming pool which results directly from the construction of the retaining
wall and soundwall provided for herein. Such indemnification will be for a period of five (5)
years commencing upon completion of the retaining wall and soundwall structures. Completion
means when the physical construction on Grantor's property ends. If any dispute relating to
issues of damage responsibility (as to cause and effect) cannot first be settled by good faith
negotiation, the Parties agree before resorting to legal action, to attempt in good faith to settle
the dispute through mediation before a mediator to be agreed upon by the Parties. The Parties
agree to share equally the mediator's fees and to each bear their own costs and fees for such
mediation. Should legal action become necessary, the Parties agree to bring such action under
the laws of the State of California in the San Diego Superior Court system.
F Be responsible for the repair, maintenance and structural integrity of the soundwall and the
clearing of graffiti as needed.
G- Work around the avocado tree with the understanding that there is no guarantee that cutting
the root system will not impact the avocado tree in the after condition.
H. Secure the temporary access easement entry at the end of each working day and replace the
chain link fence upon completion of the soundwall project.
3- Grantor(s):
A. Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
JANMAC, INC./Expropriation Consultants {p-Jo (Chula Vista\Documenl File\RofW Contracts\TCE2-11-A) 12/18103
C11"\' 'OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of 3
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate taxes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A. a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negoliations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
therewith. No provision contained herein shall be construed against the City solely because it prepared
this agreement in its executed form.
6. Grantor(s), their(its) assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract. and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereof the Parties hereto have executed this agreement on the Z c¡ (,2 day
of {)í~DÞfil,(3,,£/d...... ,200 .3 .
JOY C. GRITTS and PHYLLIS A. GRITTS, husband and wife as joint tenants
1 /J ~ .
~ ( (~? /" ..
c .--.. C /1A~ ,,:/iÁ_d-/ <-2 _.xt.d~
{; Jg C. GRinS YLLIS A. GRinS
Recommended for Approval:
JANMAC INC. ~ CITY OF CHULA VISTA
t . ( L ENGINEERING DEPARTMENT
By: ~ - . N&-- Approved:
W-L- MacFARLAN ,S A
Expropriation Consultant to the
CITY OF CHULA VISTA By:
Dated: \ /L.../~~ Dated:
( I
In- "/
...- (Chula VístalDocument FilelRofW ContractsITCE2-11-A) 12/18/03
..----------.---------.. - ---..--
, Q~C , v,
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WA Y CONTRACT - CITY OF CHUlA VISTA
CITY OF CHULA VISTA. California Project: I-80S/East Orange Ave./Olymplc Parkway
Grantor(s) APN 624-210-09
ROBERT L. ATTEBERRY and LINDA L. Document No. RfW2-09 (Grant Deed) and
ATTEBERRY, husband and wife as joint tenants TCE2-10 (Grant Of Temporary Construction
Easement)
Situs Address (or location):
460 Rivera Court
Chula Vista, CA 91911-5510
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and ROBERT L. ATTEBERRY and LINDA L. ATTEBERRY, husband and wife as joint tenants, herein called
the "Grantor(s)"
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC_, Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: RfW2-09 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No. TCE2-10 (Grant Of Temporary Construction Easement)
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows
1 A The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement
B. The City requires the fee simple interest in the real property described in the Grant DeeD along
with a permanent footing easement and requires a temporary easement interest in the property
described in the Grant Of Temporary Construction Easement. These interests are for a public
use for which the City has the authority to exercise the power of eminent domain. Grantors are
compelled to grant the rights sought by the City and the City is compelled to acquire the rights
being sought.
C Both Grantor(s) and City recognize the expense, time, effort. and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation
D. The Grantor(s) hereby irrevocably grant(s) to City, ìts confractors, agents, and all others
deemed necessary by City, the irrevocable right to possession and use of the property
described in the Grant Deed and the property described in the Grant Of Temporary
Construction Easement. The possession and use of said property shall become effective upon
the execution of this agreement by all the parties and the deposit into escrow of the amount
shown in Section 2A which includes full payment for such possession and use-
&:,-8
JANMAC. INC/Expropnatron Consultants - ,II:,? (Chura VistalDocument FrlelRofW ConlractslTCE2-1 0)
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT ,Page 2"0
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2- The City shall
A. Pay to the order of the grantpr(s) the sum of $43,200 for the property conveye.d by the
Deed and the property conveyed by the Grant Of Temporary Construction Easement when titl
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrance,
and easements which in the sole discretion of the City, are acceptable-
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC-
C Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in Ihis transaction and the premium charged for a policy of title
Insurance.
D. Construct a retaining wall and replace the existing fencing within the part taken with a sound
attenuation wall and extend the existing side yard fences to a point of connection with the new
sound attenuation wall (using comparable materials)
3- Grantor(s)
A. Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable) ,!
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partie
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
e Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate-taxes
due in any year except the year in which this escrow closes, together with penalties and interes
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A. a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5- This contract is the result of negotiations between the parties and is intended by the parties to be
final expression of their understanding with respect to the matters herein contained. This
supersedes any and all other prior agreements and understandings, oral or written, in connection
I. 'I
i:-
JANMAC. INC./Expropriation Consultants (Chula Vista\Document File\RofW ContractslTCE2-1 0)
,-" ry OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 a
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepar
this agreement in its executed form-
6- Grantor(s), their(its) assigns and successors in interest, shall be bound by all the terms and condition
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder-
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereo~ the Parties hereto have executed this agreement on the -:2..~ day
of ~ , 2003-
ROBERT L- ATTEBERRY and LINDA L ATTEBERRY, husband and wife as joint tenants
Q~.~-~ ~~J;t
ROBERT L ATTEBERRY ~
Recommended for Approval:
JANMAC INC-
Bylù.L~~ ~~ CITY OF CHULA VISTA
ENGINEERING DEPARTMENT
WL MacFARLANE, SRfWA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
Dated \/2.\ ~ ~ By
I ' Dated:
(Chula VistalOocument File\RofW Contracts\TCE2-1 0)
Page 1 of
CITY OF CHULA VISTA - ENGINEERING DEPARThtENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, Califomia I Project: 1-8051East Orange Ave.lOlympic Parkway
Grantor(s): APN 624-210-10
¡ PATSY A. GOODMAN, a widow Document No. RIW2-08 (Grant Deed) and
I TCE2-09 (Grant Of Temporary Construction
Easement)
Situs Address (or location):
468 Rivera Court
Chula Vista, CA 91911-5510
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and PATSY A. GOODMAN, a widow, herein called the "Grantor".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R1W2-08 (Grant Deed - fee simple).
(2) Document No.: TCE2-09 (Grant Of Temporary Construction Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows'
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple ínterest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of TempD!ary
Construction Easement. . These interests are for a public use for which the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
C Both Grantor(s) and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantor(s) hereby irrevocably grant(s) to City, its contractors, agents, and all others
deemed necessary by City, the irrevocable right to possession and use of the property
described in the Grant Deed and the property described in the Grant Of Temporary
Construction Easement. The possession and use of said property shall become effective upon
the execution of this agreement by all the parties and the deposit into escrow of the amount
shown in Section 2A which includes full payment for such possession and use.
II
JANMAC. INCJExproprialion Consullants (Chula Vistaleocumenr FilelRofW ConrracrslTcEz-QS)
Gin OF CHULA VISTA. ENGINEERING DEPARTMENr Page 2 of
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2- The City shall:
A. Pay to the order of the grantor(s) the sum of $31,200 for the property conveyed by the
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
8. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC.
C- Deposit Into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance.
D Construct a retaining wall end re/J/ece the existincr fencine¡ within the /Jerl taken with a sound
attenuation wall and extend the existincr side vard fences to a /Joint of connection with the new
sound attenuation wall (usino com/Jarable materialsl.
3. Grantor(s):
A Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable)-
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partial
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantor's review of the lien priorities and payment demands, to
deduct and pay from the amount5.hown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate taxes
due In any year except the year in which this escrow closes, together with penalties and'Ínterest
thereon, andlor delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5 This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
JANMAC, INC.Æxproprialion Consultants d lir (Chol. ViSI.IOocumønl FilelRolW Conlracls\TCE2-O9)
, CI rv. OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of:
..
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
therewith. No provision contained herein shall be construed against the City solely because it preparec
this agreement in its executed form.
6- Grantor(s), their(its) assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
4
In Witness Whereo~ the Parties hereto have executed this agreement on the :7 - day
of ~ ,2003.
c:;::/
PATSY A. GOODMAN, a widow
~c2~_~
A TSY DDMAN
r Rec~mmended for Approv~l: --- - ----..-- I
JANMAC INC- i
j
. By.~.L~~ CITY OF CHULA VISTA
ENGINEERING DEPARTMENT ¡
! WL MacFARLANE, SRIWA Approved:
Expropriation Consultant to the I
CITY OF CHULA VISTA
\'A~/~~ By:
Dated:
/ Dated:
--
----- - ------..-
&-13 (Chula Vista\Document FlieIRotW Conl,aclsITCEZ.O9)
. ~- .~.~~_.~.," , .J
Page 1 of 3
'w
CITY OF CHULA VISTA - ENGINEERING OEPARThlENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: I-80S/East Orange Ave.lOlympic Parkway
Grantor(s): APN 624-210-11
i
MARIA ESPERANZA GARZA, a widow Document No. RIW2-07 (Grant Deed) and
TCE2-0B (Grant Of Temporary Construction
Easement)
Situs Address (or location):
I 476 Rivera Court
Chula Vista, CA 91911-5510
i
This Right.Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and MARIA ESPERANZA GARZA, a widow, herein called the "Grantor".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: RIW2-07 (Grant Deed - fee simple).
(2) Document No.: TCE2-0B (Grant Of Temporary Construction Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple interest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Tempor<il)'
Construction Easement. These Interests are for a public use for which the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
C Both Grantor(s) and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantor(s) hereby irrevocably grant(s) to City, its contractors. agents, and all others
deemed necessary by City, the irrevocable right to possession and use of the property
described in the Grant Deed and the property described in the Grant Of Temporary
Construction Easement. The possession and use of said property shall become effective upon
the execution of this agreement by all the parties and the deposit into escrow of the amount
shown in Section 2A which includes full payment for such possession and use.
JANMAC. INC./Expmpr;allon Consultant. 1£,/'1 (Chula Vist.IOocument Flle\RofW ContractsITCEZ-OB)
..if-fI
- /'
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT . Page 2
, RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall-
A Pay tD the Drder of the grantor(s) the sum of $33,100 for the property conveyed by the t
Deed and the property conveyed by the Grant Of Temporary Construction Easement when tit
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrance
and easements which in the sole discretion Dfthe City, are acceptable-
B. Open an escrow with land America Commonwealth, San Diego office, within ten (10) workin£
days after the Grantor(s) have(has) signed this contract and said contract has been approved
and signed by the City and delivered to JANMAC INC.
C Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance-
0- Construct a retaining wall and reDlace the existina fencina within the Dart taken with a sound
attenuation wall and extend the existina side yard fences to a Doint of connection with the new
sound attenuation wall (usina comoarable materials)
3. Grantor(s):
A Agree(s) to sign escrow instructions and provide those documents necessary to place title in
the condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable)
\
}
B Authorize the opening of an escrow and consent to the processing of lien releases, full or pdrtia
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C Authorize escrow, subject to Grantor's review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquentreal estate taxes
due in any year except the year in which this escrow closes, together with penalties_anrlinterest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow, This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer
D. Agree(s) that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantor(s) in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4 This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression Df their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
JANMAC. INC./E"proPrialion Consullonls b I eChulo Vìsta\Oocumonl Flle\RofW ConlractslTCE2-O8)
dh OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
I
therewith. No provision contained herein shall be construed against the City solely because it prepare
this agreement in its executed form.
6. Grantor(s), their(its) assigns and sui:cessors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
tn Witness Whereo~ the Parties hereto have executed this agreement on the 'itA day
of {J«i'-r ' 2003-
MARIA (zPERANZA GARZA, a widow
~&~~?r
MARIA PERAN GARZA
~ Re;o~men~ed for Approv~I:-- ---- ------ - ------- .---- -n_____..
JANMAC INC.
I By~.L\~\:L -- CITY OF CHUlA VISTA
ENGINEERING DEPARTMENT
, WL MacFARLANE, SRIINA Approved:
I Expropriation Consultant to the
I CITY OF CHULA VISTA
I Dated\/\-Ý~3 By:
I .. - -~ _J~ated'___~ ------- -
-_..~-- ------ ---~ -n --
eChu!a Vista\Oocumenl File\RofW Contracls\rCE2-DS)
- ---------'- , .~
; Page 1 c
7 CIl'( OF CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
! CITY OF CHULA VISTA, California ¡project: 1-80SIEast Orange Ave,IOlympic Parkway
I Grantor(s): i APN 624-210-12
! RICARDO ABUAN DIZON and LOURDES 'I Document No. RIW2-06 (Grant Deed) and
. OLIVARES DIZON, Trustees of the Ricardo Abuan TCEZ-o7 (Grant Of Temporary Construction
and Lourdes Olivares Dizon Family Trust dated I Easement)
March 10, 2001 Situs Address (or location):
484 Rivera Court
Chula Vista, CA 91911-5510
This Ri9ht Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City
and RICARDO ABUAN DIZON and LOURDES OLIVARES DIZON, Trustees of the Ricardo Abuan and
Lourdes Olivares Dizon Family Trust dated March 10, 2001, herein called the "Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC_, Expropriation Consultants, whose seNices have been retained by
the City:
(1) Document No_: RlW2-06 (Grant Deed - fee simple).
(2) Document No.: TCE2-07 (Grant Of Temporary Construction Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of a
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B The City requires the fee simple interest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Temporary
Construction Easement. These interests are for a public use for which the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
C. Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation-
D- The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described ¡¡I the Gia-nt Of temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
/'7 .
JANMAC. INC.lExprop".tion COnSUIlanls (Chula VISI.'Oocumenl FilelRolW ConlracISITCE2-D7) 06/26/03
---------"" r.-'
CITY ÒF CHULA VISTA - ENGINEERING DEPARTMENT Page 2 a
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2- The City shall:
A- Pay to the order of the grantors the sum of $34,200 for the property conveyed by the Grant
Deed and the property conveyed by the Grant Of Temporary Construction Easement when till
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrancei
and easements which in the sale discretion of the City, are acceptable.
B- Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance.
D. Construct a retaining wall and reo/ace fhe existina fencina within the Dart taken with a sound
attenuation wall and extend the existina side yard fences to a point of connection with the new
sound attenuation wall (usinc¡ camDarable materials!.
3- Grantors:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2A, including, but not limited to, W-Q Tax Reporting Form,
Statement Of Infonnation, Certification Of Trust (if applicable), partnership documentation -',
and/or corporation documentation (if applicable). )
B- Authorize the opening of an escrow and consent to the processing of lien releases, full or partia
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Granl Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount-shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquentreal estate taxes
due in any year except the year in which this escrow closes, together with penalties -antl"inlerest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D- Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4- This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or Written, in connection
JANMAC, INC.lExproprialion Consullants Þ -¡ g (Chula VistaIDocument FilelRofWContraasITCE2-07) 06126/03
~"""
¡ --
--- ,~. "UÁJDJÁ_a' '- r".'-t
"'TV OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 a
RIGHT OF WAY CONTRACT. CITY OF CHULA VISTA
\
therewith- No provision contained herein shall be construed against the City solely because it prepan
this agreement in its executed form.
6. Grantors, their assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
tn Witness Whereo~ the Parties hereto have executed this agreement on the 2. ~ 'C"ð... day
of M~ ' 2003.
RICARDO ABUAN ZON and LOURDES OLIVARES DIZON, Trustees of the Ricardo Abuan and Lourdes
Olivares Dizon Family Trust dated March 10, 2001
). By: ~p ~~---;¡)t;
Á'~RDD
LOURDES OLIVARES DIZON, Trustee
I ---- ----- --.. r ._n
Recommended for Approval:
JANMAC INC.
8y:~.L.~ - ¡ CITY OF CHULA VISTA
ENGINEERING DEPARTMENT
WL MacFARLANE, SRIWA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
\/\b/~~ 1:~____- ..-...-. -
Dated:
L- . I
_n__--___. -..---....--- -
(Chul. Visl.lOoeumen! FlielRolW ConlractsITCE2-07) 06/26/03
.~
Page 1,
"
CITY "F CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRAcT - CITY OF CHULA VISTA
¡ CITY OF CHULA VISTA. California , Project: I-80S/East Orange Ave.lOlympic Parkway
: Grantor(s): APN 624-210-13
I
I MARTIN HUERTA and TRACY A. HUERTA, Document No. RIW2-05 (Grant Deed) and
II husband and wife as joint tenants TCE2-06 (Grant Of Temporary Construction
' Easement)
Situs Address (or location):
490 Rivera Court
I Chula Vista, CA 91911-5510
I -
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City'
and MARTIN HUERTA and TRACY A. HUERTA, husband and wife as joint tenants, herein called the
"Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: RIW2-05 (Grant Deed - fee simple).
(2) Document No_: TCE2-06 (Grant Of Temporary Construction Easement).
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B. The City requires the fee simple interest in the real property described in the Grant Deed and
requires a temporary easement interest in the property described in the Grant Of Temporary
Construction Easement. These interests are for a public use for which the City has the
authority to exercise the power of eminent domain. Grantors are compelled to grant the rights
sought by the City and the City is compelled to acquire the rights being sought.
C. Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation.
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described in the Grant Of Temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
JANMAC, INCJE,P'DprialiDn Consultants (Chute VlstalODeument FII.,RotVV ContraaslTCEZ-OS)
CITY.OF CHUlA VISTA - ENGINEERING DEPARTMENT Page 21
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantors the sum of $31,851 for the property conveyed by the
Deed and the property conveyed by the Grant Of Temporary Construction Easement when til
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrancE
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) workin!
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C. Deposit into escrow the amount shown in Section 2A. Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance.
D. Construct a retaining wall and replace the existing fencing within the part taken with a sound
attenuation wall and extend the existing side yard fences to a point of connection with the neVI
sound attenuation wall (using comparable materials).
E. Disconnect and remove irrigation system along the existing slope fronting on Olympic Parkwa~
Install a new irrigation pipe within the back yard from the existing controller to the existing pipe
thai irrigates the slope fronting on Oleander Avenue.
F. If practical, work around the existing tree with the understanding that there is no guarantee tha
cutting the root system will not impact the tree in the after condition.
3. Grantors:
A Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or Corporation documentatio!l..(if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partia
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C. Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate taxes
due in any year except the year in which this escrow closes, together with penalties and interes1
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A. If the
amount of the lien demand(s) exceeds the amount shown in Section lA, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 50B6 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
JANMAC, INC.lExproprialion Consultants ¿ -,;)! (Chuta VIsta\Documonl Fllo\RotW ConlraclsITCE2-06)
74¡ / ,f
c~: Y'OF CHULA VISTA - ENGINEERING OEPARTMENT Page 3 (
RIGHT OF WA Y CONTRACT - CITY OF CHULA VISTA
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
therewith. No provision contained herein shall be Gonstrued against the City solely because it prepan
this agreement in its executed form.
6. Grantors, their assigns and successors in interest, shall be bound by all the terms and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
tn Witness Whereof, the Parties hereto have executed this agreement on the IS- day
of JIJ/ID - ,2003.
MARTIN HUERTA and TRACY A. HUERTA, husband and wife as joint tenants
~~~ ~ ~t1:ur A- ~-
MARTIN HUERTA TRACY A. HUERTA
Recommended for Approval: I
JANMAC INC.
BY:~~~.~ CITYOFCHULA VISTA
ENGINEERING DEPARTMENT
WL. MacFARLANE, SRIWA Approved:
Expropriation Consultant to the I
CITY OF CHULA VISTA I
-Ý"2.\4 ~ By: i
Dated: ,
I ,
Dated: ¡
(Chula Vislo\Oocumenl Filo\RofW ContraCI$ITCl:l-Q6)
",age 1 of
CITY DF CHULA VISTA - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHUlA VISTA
CITY OF CHULA VISTA, California Project: 1-805/East Orange Ave.lOlympic Parkway
Grantor(s) APN 624-210-16
JAMES L CASTRO and LOURDES CASTRO, Document No. RIW2-04 (Grant Deed) and
Trustees under that certain Declaration of Trust TCE2-05 (Grant Of Temporary Construction
dated August 30, 1995 Easement)
Situs Address (or location):
1493 Oleander Avenue
Chula Vista, CA 91911-5536
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called 'City",
and JAMES L. CASTRO and LOURDES CASTRO, Trustees under that certain Declaration of Trust dated
August 30, 1995, herein called the "Grantors".
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC INC., Expropriation Consultants, whose services have been retained by
the City
(1) Document No.: R/W2-04 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No.: TCE2-05 (Grant Of Temporary Construction Easement)
In consideration of which. and other considerations hereinafter set forth, it is mutually agreed as
follows
1 A The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement.
B The City requires the fee simple interest in the real property described in the Grant Deêa along
with a permanent footing easement and requires a temporary easement interest in the property
described in the Grant Of Temporary Construction Easement. These interests are for a public
use for which the City has the authority to exercise the power of eminent domain. Grantors are
compelled to grant the rights sought by the City and the City is compelled to acquire the rights
being sought.
C Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described in the Grant Of Temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
JANMAC, INC/Exproprialion Consultants (Chula VistalDocument FilelRofW ConlractsITCE2-0S)
'CITY OF CHULA VISTA - ENGINEERING DEPARTMENT Page 2 of
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A Pay to the order of the grantors the sum of $40,400 for the property conveyed. by the
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC
C Deposit into escrow the amount shown in Section 2A Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance.
D. Construct a retaining wall.
3. Grantors:
A Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable)
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or
reconveyances and/or subordination agreements associated with obtaining free and clear
to the fee simple interest being conveyed in the Grant Deed.
C Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, 10
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real E!state taxes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have beco¡ne.a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
D. Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be a
final expression of their understanding with respect to the matters herein contained. This contract
supersedes any and all other prior agreements and understandings, oral or written, in connection
therewith. No provision contained herein shall be construed against the City solely because it
this agreement in its executed form.
&.<)~
JANMAC. INC./Expropriation Consultants ~/ . "",' :: (Chula VistalDocument FilelRofW ConlractsITCE2-0S)
,GI'ry OF'CHULA VISTA - ENGINEERING DEPARTMENT Page 3 01
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
6. Grantors, their assigns and successors in interest, shall be bound by all the term.s and conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder.
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
-~ '1Í'-I
In Witness Whereo~ the Parties hereto have executed this agreement on the ./// day
of ,jlJ ¡oJ 6? ,2003.
JAMES L. CASTRO and LOURDES CASTRO, Trustees under that certain Declaration of Trust dated August
30, 1995
8y ~~.:;{ 11~ .£' (] ,
By .::7"1~:!-./ I...:ä._~-~
,AJI. S L. CASTRO ' lOl(JRDES CASTRO
Recommended for Approval:
JANMAC INC.
BylD.L~ CITY OF CHUlA VISTA
ENGINEERING DEPARTMENT
WL. MacFARLANE, S IWA Approved:
Expropriation Consultant to the
CITY OF CHULA VISTA
~~/C>3 By
Dated.
Dated:
h
"5
-d
(Chula VistalDocument FilelRolW ContractsITCE2-05)
.----..-......------.--..--- -'- --n -- .0._--
rdY~ I UI
CITY OF CHULA VISTA. ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
CITY OF CHULA VISTA, California Project: I-80S/East Orange Ave./Olympic Parkway
Grantor(s): APN 624-210-20
RAYMOND CRUZ and PAC ITA R. CRUZ as Document No. R/W2-02 (Grant Deed) and
Trustees of the Cruz Family Trust initially created TCE2-03 (Grant Of Temporary Construction
on June 22, 1992 Easement)
Situs Address (or location):
1500 Oleander Court
Chula Vista, CA 91911-5606
This Right Of Way Contract is made by and between the CITY OF CHULA VISTA, herein called "City",
and RAYMOND CRUZ and PACITA R. CRUZ as Trustees of the Cruz Family Trust initially created on June
22, 1992, herein called the "Grantors"
The documents listed below covering the property particularly described therein have been or will be
executed and delivered to JANMAC, INC., Expropriation Consultants, whose services have been retained by
the City:
(1) Document No.: R/W2-02 (Grant Deed - fee simple and a permanent footing easement).
(2) Document No.: TCE2-03 (Grant Of Temporary Construction Easement)
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction
of the proposed public improvement
B. The City requires the fee simple interest in the real property described in the Granl Deèð along
with a permanent footing easement and requires a temporary easement interest in the property
described in the Grant Of Temporary Construction Easement. These interests are for a public
use for which the City has the authority to exercise the power of eminent domain. Grantors are
compelled to grant the rights sought by the City and the City is compelled to acquire the rights
being sought
C Both Grantors and City recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for said property interests is in compromise and settlement, in lieu of such
litigation
D. The Grantors hereby irrevocably grant to City, its contractors, agents, and all others deemed
necessary by City, the irrevocable right to possession and use of the property described in the
Grant Deed and the property described in the Grant Of Temporary Construction Easement.
The possession and use of said property shall become effective upon the execution of this
agreement by all the parties and the deposit into escrow of the amount shown in Section 2A
which includes full payment for such possession and use.
~(p
JANMAC. INCJExpropriation Consultants (Chula VlstalDocument FilelRofW ConlractsITCE2-03)
CITY OF CHULA VISTA - ENGINEERING DEPARTMENT ' Page 2 of
RIGHT OF WAY CONTRACT - CITY OF CHULA VISTA
2. The City shall:
A. Pay to the order of the grantors the sum of $26,100 for the property conveyed by the
Deed and the property conveyed by the Grant Of Temporary Construction Easement when title
to the property conveyed by the Grant Deed is vested in the City free and clear of all liens,
encumbrances, easements, leases (recorded or unrecorded) and taxes, except encumbrances
and easements which in the sole discretion of the City, are acceptable.
B. Open an escrow with Land America Commonwealth, San Diego office, within ten (10) working
days after the Grantors have signed this contract and said contract has been approved and
signed by the City and delivered to JANMAC INC.
C Deposit into escrow the amount shown in Section 2A Pay all escrow, recording, and
reconveyance fees incurred in this transaction and the premium charged for a policy of title
Insurance.
D. Construct a combination retaining wall/sound attenuation wall and replace the existing fencing
within the part taken with a sound attenuation wall and extend the existing side yard fences to é
point of connection with the new sound attenuation wall (using comparable materials).
3. Granlors:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Section 2A, including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize the opening of an escrow and consent to the processing of lien releases, full or partia
reconveyances and/or subordination agreements associated with obtaining free and clear title
to the fee simple interest being conveyed in the Grant Deed.
C Authorize escrow, subject to Grantors' review of the lien priorities and payment demands, to
deduct and pay from the amount shown in Section 2A, the amount necessary to satisfy the
federal and state tax liens, judgement liens, lender demands and delinquent real estate.taxes
due in any year except the year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which have become a lien
at the close of escrow. This authorization is limited to the amount shown in Section 2A If the
amount of the lien demand(s) exceeds the amount shown in Section 2A, a written request for a
waiver of the deficient amount will be presented to the lien holder or lien holders by the escrow
officer.
0 Agree that the taxes for the tax year in which this escrow closes shall be cleared and paid by
the Grantors in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow.
4. This contract shall not be changed, modified, or amended except upon the written consent of the
parties hereto.
5. This contract is the result of negotiations between the parties and is intended by the parties to be
final expression of their understanding with respect to the matters herein contained. This
supersedes any and all other prior agreements and understandings, oral or written, in connection
¿,,!) 7
JANMAC. rNC./ExproPfiatlon Consullanls ;?!¡'" 'cé.,-ryé (Chura Vista\Documenl File\RofW Contracls\TCE2-03)
, cln' OF CHULA VISTA - ENGINEERING DEPARTMENT Page 3 of
RIGHT OF WAY CONTRACT - CITY OF CHUlA VISTA
therewith. No provision contained herein shall be construed against the City solely because it prepare(
this agreement in its executed form.
6. Grantors, their assigns and successors in interest, shall be bound by all the terms and' conditions
contained in this contract, and all the parties thereto shall be jointly and severally liable thereunder
No Obligation Other Than Those Set Forth Hereinabove Will Be Recognized
In Witness Whereo~ the Parties hereto have executed this agreement on the \ t:; \\\ day
of ~~ '-\""D\- 2003
\ ' .
RAYMOND CRUZ and PAC ITA R. CRUZ as Trustees of the Cruz Family Trust initially created on June 22,
1992
/" /) /J
By. By ~f.åtc.~ 1\, c:.~
RAYMOND CRUZ. Trustee PAC ITA R. CRUZ, Trustee U
Recommended for Approval:
JANMAC ING.
f 'l ~ CITY OF CHULA VISTA
By\J..), "^ '" ENGINEERING DEPARTMENT
WL MacFARLANE. SR A Approved
Expropriation Consultant to the
CITY OF CHULA VISTA
By
Dated "b/?<)/DS
I Dated:
(Chula VistalDocument File\RotW ContractsITCE2-03)
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 1/13/04
ITEM TITLE: Resolution Waiving the three-bid requirement of the Municipal
Code, Section 3.54.040 for the construction of East Palomar Street
through Village One West and authorizing the City Engineer to award
Transportation Development Impact Fee (TDIF) credit based upon bids
received
SUBMITTED BY: Director of General Services '()'.Y¡,
City Engineer ~ c
REVIEWED BY: City Manage¿ '/L- (4/5ths Vote: Yes_Nol)
f,J I)(V The City Engineer has received a letter from The Otay Ranch Company requesting a waiver of
the three-bid requirement for the construction of East Palomar Street through Village One West
(Station 3+35 to Station 35+58)1, a TDIF facility. Current Municipal Code requires developers
to obtain a minimum of three bids and award the work to the lowest qualified bidder to obtain
Transportation Development Impact Fee (TDIF) credit for privately financing eligible TDIF
projects. Tonight's action authorizes the City Engineer to accept the work to construct East
Palomar Street as TDIF eligible without complying with the three-bid requirement.
RECOMMENDATION: That the Council adopt the resolution waiving the three-bid
requirement of the Municipal Code for the construction of East Palomar Street through Village
One West (Station 3+35 to Station 35+58), a TDIF facility, and authorizing the City Engineer to
award TDIF credit based upon the bids received.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
The City of Chula Vista has established a variety of fees that reflect future development's fair
share of public facilities and capital improvements required to meet the demands of future homes
and businesses when they are constructed. Many of these public facilities include streets
constructed by developers in return for credit against the payment of fees collected at building
permit issuance. To facilitate and coordinate the TDIF credit or reimbursement for the cost of
these capital improvements, Council has incorporated certain criteria in the Municipal Code and
staff has implemented the TDIF Directive and Procedures that provides a process regarding the
eJigibility of construction costs.
I Drawing No. 00-009 (OR304C) for improvements 11- ¡
I
Page 2, Item ~
Meeting Date 1/13/04
Otav Ranch Companv's Request for Waivill!?: 3 Bid Requirement
Construction of East Palomar Street through Village One West (Station 3+35 to Station 35+58)
The City Engineer has received a letter from The Otay Ranch Company requesting a waiver of
the three-bid requirement for the construction of East Palomar Street through Village One West
(Station 3+35 to Station 35+58), a TDIF facility. The Municipal Code requires developers to
obtain a minimum of three bids and award the work to the lowest of the qualified bidders to
obtain TDIF credit for privately financing eligible projects. The goal of the bidding process is to
ensure an open, public process that secures the lowest competitive price for construction of the
public improvement. Bidders are required to present a bid that reflects the quantities, unit prices
and extensions of cost for each element ofthe work.
The letter from Otay Ranch Company (ORC) indicates that they used an informal bid process for
the various components of the street construction. The informal bid process consisted of making
contact with known contractors and notifying them of this job opportunity. According to ORC,
all of the contractors were notified of a deadline in which to submit their bids for consideration
by ORC. The bids are outlined in the attached letter from Otay Ranch Company (Exhibit 1).
Although the developer cannot provide evidence of its bid process, the letter does set forth the
bids received and the City Engineer accepts the letter as sufficient evidence of the developer's
actIOns.
Where more than one bid was received, the award was made to the lowest qualified bidder. In
the case of dry utilities, Otay Ranch reported that no other contractor wanted to bid against
Schilling, most likely because that firm has been the lowest qualified bidder on all previous dry
utility projects awarded by ORC.
Staff asked the auditing firm of Pacific Municipal Consultants to compare the unit costs of the
winning bids to those of recently completed road projects. The results of their analysis shows
that the unit prices in the contracts awarded by ORC fall within acceptable ranges for the various
categories of improvements covered by the informally bid items. Overall, the project's
construction costs fall in line with other similar projects constructed of similar size within a
similar timeframe. Considering this information. statT recommends waiving the 3-bid
requirement for this TDIF project allowing the costs audited by PMC to be eligible for TDIF
credit.
Council waiver of the 3-bid requirement is an exception to the Municipal Code and should not be
considered as standard practice. To this cnd, staff continues to develop guidelines, i.e. via a
Directive and Procedure, to further assist the development community in applying the rules
related to TDIF and Community Facility Districts (CFD's). The Municipal Code,
acquisition/finance agreements and existing Directives and Procedures outline the requirements,
but staff intends to update and consolidate the standard information in a single document for ease
in application of the rules. Such a document should serve to minimize these types of requests
although not eliminate them altogether, especially during times of busy construction activity
when it may be difficult to obtain multiple bidders. Additionally, CFD's finance most major
TDIF projects and the associated Acquisition/Finance Agreement requires a public bid process, a
more stringent bid requirement than TDIF requirements. Since the CFD bid process typically
carmot be waived, overuse of the waiver process is unlikely.
~-)...
----.----.--------_u .
Page 3, Item ~
Meeting Date 1/13/04
FISCAL IMP ACT: None to the City. The developer will receive TDIF credit for the
construction work and soft costs as determined by the City Engineer. Bid costs for the Otay
Ranch Village One West section of East Palomar Street are consistent with the audited
construction costs of other sections of East Palomar Street and with cost estimates used in the
TDIF program. There is no impact to the City's General Fund.
Exhibit I Letter to Cliff Swanson from Roy Peace (Otay Ranch) dated October 3, 2003.
J:\Engineer\AGENDA\TDIF soft cost and bid waiver.doc 12/8/03
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October 3, 2003
THE OTAY RANCH COMPANY
Mr. Cliff Swanson
Director of Engineering
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
RE: TDIF Bidding Process for East Palomar thru Village One West
(Station 3+35 to Station 35+58)
Dear Cliff:
The Otay Ranch Company has been informed that three of the five categories of
improvements for this portion of East Palomar did not meet the minimum 3-bid
requirements for TDIF facilities. As a result, our request for TDIF credit has been tabled
until additional information is provided by our firm.
In conformance with the TDIF program, it is our company policy to solicit a minimum of
three bids, In this case, we used an informal bid process as opposed to a public bid
process. We solicited bids by contacting known contractors and notifying them of this
job opportunity. All of the contractors we contacted were given a deadline in which to
submit their bids for consideration. Where more than one bid was received, we awarded
the work to the lowest bidder.
Our efforts resulted in the following bids (awarded bid shown in bold):
I. Surface improvements: 3 bids received
Hanson 5481,658.38
Marathon S476,096.50 (Bid incomplete. Seal coat price not
included.)
Hazard S490,557.38
2. Curb, gutter, & sidewalk: 2 bids received
American Concrete 5187,687.60
Rossi 5190,637.25
3. Storm drain: 1 bid received
Cass 5514,503.20 (total) $126,412.00 (storm drain portion)
350 w. ASH ""Er. 'U'õE 730. SAN DIEGO. CA92101 PH, ("'¡ "4.40S0 FX, (619) ""',4088 '-MAIL, ;,fo@o,"y",ch,com
-. . . ry-q
Mr. Cliff Swanson
Director of Engineering
CITY OF CHULA VISTA
Page 2
4. Landscaping: 4 bids received
Arid West $598,157,00
Brookwood $861,545.00
Stauffer's $779,492.00
Trugreen $1,063,001.00
5. Dry utilities: 1 bid received
Schilling $246,789.00 (total) $110,050.00 (streetlight portion)
We feel that each of the awarded bids is competitively priced. In the case of dry utilities,
no other contractor wanted to bid against Schilling because they have been the lowest
bidder on all of our previous dry utility projects,
Unfortunately, I am unable to show you evidence of our bidding efforts because many of
the files from this earlier period have been either lost or misplaced during a change in our
filing system. However, I am aware that your auditing consultant, PMC, has compared
our units costs to those of other similar projects and in every case found our unit prices to
be lower than at least one of the other winning bids. I hope this will help convince you
that the lack of three bids did not result in a higher cost for the project.
Thank you for your consideration and please let me know if additional information is
needed.
Sincerely,
THE OTAY RANCH COMPA."NY
~~
Roy Peace
Senior Vice President
cc: Donna Snyder, City ofChu1a Vista
Tom Bandy, Pacific Municipal Consultants
î¡-5
..- ._- --------.-.. .. .----..-...-
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITV COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE THREE-BID REQUIREMENT OF THE
MUNICIPAL CODE, SECTION 3.54.040 FOR THE
CONSTRUCTION OF EAST PALOMAR STREET THROUGH
VILLAGE ONE WEST AND AUTHORIZING THE CITY
ENGINEER TO AWARD TRANSPORTATION DEVELOPMENT
IMPACT FEE (TDIF) CREDIT BASED UPON BIDS RECEIVED
WHEREAS, the City Engineer received a letter from the Otay Ranch Company requesting
a waiver of the three-bid requirement for the construction of East Palomar through Village One
West (Station 3+35 to Station 35+58); and
WHEREAS, the letter from Otay Ranch Company indicates that they used an informal bid
process for the various components of the street construction; and
WHEREAS, Otay Ranch Company made contact with known contractors notifying them of
this job opportunity, and where more than one bid was received, the award was made to the lowest
qualified bidder; and
WHEREAS, therefore, with the exception of the three-bid requirement, Otay Ranch
Company has met all the other requirements of the Municipal Code, Section 3.54.040; and
WHEREAS, staff asked the auditing firm of Pacific Municipal Consultants to compare unit
costs of the winning bids to those of recently completed road projects; and
WHEREAS, overall, the project's construction eosts fall in line with other similar projects
constructed of similar size witbin a similar timeÜame; and
WHEREAS, considering this infonnation, statT recommends waiving the 3-bid requirement
tor this TDIF project allowing the costs audited by PMC to be eligible tor TDIE credit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby waive the three-bid requirement of Municipal Code, Section 3.54.040 for the
construction of East Palomar Street through Village One West and authorizes the City Engineer to
award Transportation Development Impact Fee (TDIF) credit based upon bids received.
Presented by Approved as to tonn by
~~1&L7
Jack Grimn Ann e
Director of General Services City Attorney
J:lattorncylrcsol brds\3-bid waivcr East Palomar
f-¡ - (¡:J
-- ---.- - -.- --- ~------_.-_.
COUNCIL AGENDA STATEMENT
Item B
Meeting Date 1/13/04
ITEM TITLE: Resolution Waiving the consultant selection process as impractical
and approving the Third Amendment to the agreement with MuniFinancial
for the formation of Maintenance Community Facilities District for
Rolling Hills Ranch Sub-Area Ill, Neighborhoods 9 to 12 and authorizing
the Mayor to execute said Amendment
Resolution Waiving the consultant selection process as impractical
and approving the Second Amendment to the agreement with Best Best &
Krieger, LLP for the formation of Maintenance Community Facilities
District for Rolling Hills Ranch Sub-Area III, Neighborhoods 9 to 12 and
authorizing the Mayor to execute said Amendment
SUBMITTED BY: Director of General Services ~ J.\
City Engineer ~
REVIEWED BY: Cì.:.- (4/Sths Vote: Yes_NoX)
City Manager ¡:... p(V On October 6, 1992, by Resolution No. 16934, Council approved the Tentative Map for Rolling Hills
Ranch Sub-Arearn, Neighborhoods 9 to 12, currently owned by McMillin Rolling Hills B,anch, LLC.
In compliance with condition of approval No. 61 of said Tentative Map, McMillin Rolling Hills
Ranch, LLC has requested that a Maintenance Community Facilities District be formed to finance the
maintenance of storm water pump station, Multiple Species Conservation Program (MSCP) lot, and
other public facilities. The special taxes collected fÌom the properties located within these
improvement areas will fund the operation and maintenance ofthese facilities. Tonight, Council will
consider waiving the selection process and approving the Third Amendment to the existing agreement
with MuniFinancial; and the Second Amendment to the existing agreement with Best Best & Krieger,
LLP to enable these consultants to form the Maintenance District for Rolling Hills Ranch Sub-Area
III, Neighborhoods 9 to 12.
RECOMMENDATION: That Council adopt the Resolution waiving the consultant selection
process as impractical and approving the Third Amendment to the agreement with MuniFinancial and
the Second Amendment to the agreement with Best Best & Krieger, LLP for consultant services
associated with the formation of a Maintenance Community Facilities District for Rolling Hills Ranch
Sub-Area III, Neighborhoods 9 to 12, and authorizing the Mayor to execute said Amendments.
-- ----BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Consultant Selection
On March 12,2002, Council, by Resolution No. 2002-062, approved agreements (Attachments 1 &
2), with MuniFinancial and with Best Best & Krieger, LLP (Best Best & Krieger) for special tax
consultant and legal services for the formation of maintenance CFDs within the City.
? I
..----------.---
Page 2, Item-.L
Meeting Date 1/13/04
Subsequently, the agreements with MuniFinancial and with Best Best & Krieger were amended for
the fist time on November 19,2002 (Attachment 3 and 4), to provide special tax consultant and legal
services for annexing Village 6 and Village II projects to the Improvement Area A of the existing
Otay Ranch Preserve Maintenance District (CFD 97-02).
The agreement with MuniFinancial was also amended for the second time on July 22, 2003
(Attachment 5), to provide special tax consultant services for the annexation of Village 12 to
Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2).
Working within the scope of work under the original agreements and subsequent amendments to the
agreements, MuniFinancial and Best Best & Krieger have provided special tax consultant services for
the Maintenance of Community Facilities Districts for Eastlake III Woods, Eastlake III Vistas,
McMillin Company Village 6, Otay Ranch Village 6, Brookfield-Shea-Otay Village 11, Freeway
Commercial Village 12, Eastlake Land Swap Parcels, and Improvement Area A of Otay Ranch
Preserve Maintenance District (CFD 97-02). These firms have extensive and up-to-date knowledge of
the Eastern Territories. Staff believes that MuniFinancial and Best Best & Krieger are in excellent
positions to provide the required special tax services for the proposed CFD formation. Therefore,
staff recommends that the City's selection process be waived in the interest of providing consultants
for the following reasons:
. The City has originally selected the most qualified consultants for maintenance CFDs
proceedings,
. These consultants have previously provided special tax consultant services to the City for
several maintenance CFDs in eastern Chula Vista,
. These consultants have demonstrated an ability to work et1iciently on past projects,
. These consultants possess extensive knowledge and experience in this type of projects, and
have mastered a unique understanding of the development issues in the City ofChula Vista.
Staff believes that the benefits of embarking on a new selection process for such a small project
would not be cost effective, and having new consultants on board would not outweigh the risks to the
City of trying to conduct these proceedings supported by documentation from consultants who may be
unfamiliar with the applicable market condition and the needs of the City. In staffs opinion, it is in
the best interest of the City to waive the formal consultant selection process and approve a Third
Amendment to the MuniFinancial agreement and a Second Amendment to the Best Best & Krieger
agreement.
Fees Estimates
MuniFinancial will provide special tax consultant services associated with the formation of
Maintenance Community Facilities District for Rolling Hills Ranch Sub-Area III, Neighborhoods 9 to
12, for a single fixed fee arrangement of $16,450.
Best Best & Krieger will provide special tax consultant services associated with the formation of
Maintenance Community Facilities District for Rolling Hills Ranch Sub-Area III, Neighborhoods 9 to
12, for a single fixed fee arrangement of$IO,OOO.
6')
~~ - ------ -----
Page 3, Item~
Meeting Date 1/13/04
Staff has verified that the fees are in line with levels that the City has previously paid, and has
reviewed the proposed amendments and considers them ready for Council approval. The City
Attorney has approved the proposed agreement as to form.
FISCAL IMP ACT: None, the developer will solely fund the costs of conducting the proposed
annexation proceedings.
Attachments: 1. Original Agreement between the City and MuniFinancial.
2. Original Agreement between the City and Best Best & Krieger, LLP.
3. First Amendment to the Agreement between the City and MuniFinancial.
4. First Amendment to the Agreement between the City and Best Best & Krieger,
LLP.
5. Second Amendment to the Agreement between the City and MuniFinancial.
JIEngineerILANDDEV\CFD'sIRolling ¡¡ill, R 9 ¡O 12lAgenda.doc
;
/
~_.__. .... ----.-- -------.
p,TíACHMF.I'r1 _J-
Parties a~d Recital Page (s)
Agreement between
City of Chula Vista
and
MuniFinancial
For Special Tax Consultant Services for the Formation of
Maintenance community Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
community Facilities Act of 1982
This agreement (" Agreement"), dated 'lAJI~.r( t.. /2 - lJ1J L-- the
for
purposes of reference only, and effective as of the date las1:
executed unless another date is otherwise specified in Exhibit A,
paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and MuniFinancial the entity
indicated on the attached Exhibit A, paragraph 4, as consultant,
whose business form is set forth on Exhibit A, paragraph 5, and
whç,se place of business and telephone numbers are set forth on
Exhibit A, paragraph 6 (" Consul tant" ), and is made with reference
to the follç,wing facts:
Recitals
Whereas, staff prepared and issued a Request for Proposals
(RFP) in November 2001 with the intent to negotiaçe separate
contracts for each of the proposed Community Facilities District
(CFO) within Eastlake III Woods & Vistas, McMillin Company Village
6, Otay Ranch Village 6, B~ookfield-Shea-Otay Village 11, Village
12 Freeway Commercial and Eastlake Land Swap Parcel; and,
.-
Whereas, a total of three (3) proposals were received and
reviewed by the City's consultant selection committee in January
2002; and,
WHEREAS, the City's consultant selection committee made their
final recommendation in late January 2002; and,
WHEREAS, the firm MuniFinancial was recommended as the
consultant to be awarded the contract to provide special tax
consultant services for the formation of maintenance districts
within Eastlake III Woods & Vistas, McMillin Company Village 6,
Otay Ranch village 6, Brookfield-Shea-Otay village 11, Village 12
Freeway commercial and Eastlake Land Swap Parcel; and
Standard Form Two party Agreement (Fourteenth Revision) Page 1
/ L/
1-'" - ~- -, -'"-~
.-.. .._---~ ----
WHEREAS, City staff had determined the proposal to be
responsible and has negotiated an agreement based on the proposal;
and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Previsions.)
--
.-
Standard Form Two Party Agreement (Fourteenth Revision) Page 2
loG
- ------ ----------- ._0_-..
Obligatory Previsions Pages
NOW, TI!EREFORE, BE IT RESOLVEù that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by che
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction. .-
D. Additional Services
In addi-cion to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services (" Addi tional Services"),
ard upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Standard Form Two party Agreement (Fourteenth Revision) Page 3
I ,j)
. -..-.. .----.....-
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
marlner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing u~der
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, a:l.d
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liabili ty Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Pa~agraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names ci ty as an Additional Insured, and which is primary to any
policy which the City may otherwise carry (" Primary Coverage"), and
which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, ~less Errors and Omissions coverage is
included in the General Liability policy.
.-
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services rëquired under this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) policy Endorsements Required.
Standard Form Two Party Agreement (Fourteenth Revision) Page 4
~ ,)
-. ._-----
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross -liabili ty Coverage required under
Consul':ant's Commercial General Liabili ty Insurance poLcy,
Consul':ant shall deliver a policy endorsement to the Ci':y
demonstrating same, which shall be reviewed and approved by ::Üe
Risj,: Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amOU:1t is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
--
(3) Other Security .-
In the event that Exhibit A, at paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
Standard Form Two Party Agreement (Fourteenth Revision) Page 5
¡;¿
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
te~m of the agreement. In addition the~eto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodi cally as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amoun~ due and payable there under is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making s11£h
payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
Standard Form Two Party Agre@ment (Fourteenth Revision) Page 6
9 '1
.-..-,...
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant j~.s deemed to be a "Consultant" ror the
purposes of the political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as detèrmined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Standard Form Two Party Agreement (Fourteenth Revision) Page 7
(/0
n__-- --.---------.---
Regardless of whether Consultant is designated. as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of tr.is Agreement which would constitute a conflict of
interes t as prohibited by the Fair political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's, which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated there under.
F. Specific warranties Against Economic Interests.
Consultant warrants and represents that neither Consultan:,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matte..!: of the Defined Services, or 'in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance o:f this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, cr
Standard Form Two Party Agreement (Fourteenth Revision) Page 8
I II
.~_. _.__.~-_.__.-
upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispu~e over the
te:::-ms of this Agreement.
=-5. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
pa:::-ticipates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
r..umbers and cost in dollar amounts of all contracts and
subcontracts relating to t~e preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. cor..sultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their pr~ncipals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
Standard Form Two Party Agreement (Fourteenth Revision) Page 12
'lId-
- ---- .-- -....------,,--------"---"-
This Agreement, together with any other writt~n document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties rela~ing to the subject: matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against w~ich enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
-
.-
Standard Form Two Party Agreement (Fourteenth Revision) Page 13
y /3
Signature Page
to
Agreement .between City of Chula Vista
and MuniFinancial
For Special Tax Consultant Services for the Formation of
Maintenance Community Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: )v1OKc.I-¡ I do, 200'Y City of Chula Vista
Attest:
~.M../L':j- 3'~
Susan Bigelow, Ci Clerk
Approved as to form:
J/zdf
.-
Dated: MuniFinancial
By: ~ N{~
Michael McNamara, Vice
President.
7J;d 1
By: ~
Paul Whitelaw, Vice
President
Exhibit List to Agreement
( ) Exhibit A.
Standard Form Two Party Agreement (Fourteenth Revision) Page 14
f )Lj
...,.-.. . ..._--,...
Exhibit A
to
Agreement between
City of Chula vista
and
MuniFinancial
1. Effective Date of Agreement ::ç--1bhJ(lf) I.( )B f LJ1Jv
2. City-Related Entity:
(X) city of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) O::her: a
[insert business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 9l910
--
4. Consultant:
MuniFinancial .-
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
5. place of Business, Telephone and Fax Number of Consultant:
28765 Single Oak Drive, Suite 200
Temecula, California 92590
Voice Phone (909) 699-3990
Fax Phone (909) 699-3460
Standard Form Two Party Agreement (Fourteenth Revision) Page 15
/ ¡:)
7. Gener-al ::>uties:
a. Eastlake III Woods & Vistas prolect. The Project consisting
of 2,061 residential dwelling units and 454.1 acres of non-
residential areas. The proposed district would finance the
maiDtenance of open space lots totaling 136.7 acres,
naturalized drainage channels, parkways and medians on
arterial roadways, extended detention basins. in-line storm
water treatment units, and other miscellaneous improvements.
b. McMillin Company Villaqe 6 prolect. The Project consists of
694 residential dwelling units (482 SF and 212 MF). The
proposed district would finance the maintenance of: open
space lots totaling 11.3 acres, parkways and medians of
arterial and collector streets, portions of two pedestrian
bridges, a portion of a major flood control channel, a
portion of a regional detention basin and, possibly, storm
water quality facilities which may include in-line storm
water treatment units.
c. Otav Ranch Company Villaqe 6 prolect. The Project consists
of 1392 residential dwelling units (401 SF and 991 MF), 26
acres of non-commercial developed areas. The proposed
dis~rict would finance the maintenance of: open space lots
totaling 9.5 acres, parkways and medians of arterial and
collector streets, portions of two pedestrian bridges, a
portion of a major flood control channel, a portion of a
regional detention basin and, possibly, storm water quality
facilities which may include in-line storm water treatment
units.
d. Brookfield-Shea-Otav Villaqe 11 prolect. The Project
consists of 974 single-family residential dwelling units,
1193 MF Units, 115-. Mixed Uses (10 acres). The proposed
district would finance the maintenance of: open space lots
totaling 53.0 acres, parkways and medians of arterial and
collector streets, offsite detention basins, storm water
quality fad lities, and monitoring/maintenance erosion
protection drop structures. The District would also De
responsible for trail and path maintenance including
pedestrian lighting and pedestrian bridge. maintenance.
e. Villaae 12 Freeway Commercial. The Project consists of 106
acres of commercial uses. The proposed CFD would finance the
maintenance of parkways and medians along Olympic Parkway.
f. Eastlake Land Swap Parcel. The Project consists of 65.0
acres Residential Dwelling Units and 50.7 acres of freeway
commercial. The proposed CFD wòuld finance the maintenance
Standard Form Two Party Agreement (Fourteenth Revision) Page 16
/ /ip
-.-..---..---..- ....--.-....-
Per Claim: $1,000,000
Aggregate: $1,000,000
10. Materials required to be supplied by City to Consultant:
A. Make 'available maps, records, plans, and any
documentation required for preparation of the Special Tax
Report, including estimated cost of maintenance of the
improvements to be included in the district. This
documentation would be provided by the developers of the
projects under consideration or City staff as
appropriate.
B. Retain a qualif ied legal counsel to provide guidance
during district formation proceedings.
C. Schedule and agendize project meetings, Council meetings
and hearings as required by the Government Code.
11. Compensation:
A. (x) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
$ 17,200 for Eastlake III Woods & Vistas
$ 16,450 for~cMillin Village 6
$ 16,450 for Otay Ranch Village 6
$ 16,450 for Brookfield-shea-Otay Village 11 .-
$ 14,310 for Village 12 Freeway Commercial
$ 14,685 for Eastlake Land Swap Parcel
Payable as follows for each CFD:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Deliverable No,l 25%
Deliverable No.2 25%
Deliverable No.3 25%
Deliverable No.4 25%
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
Sta.,dard Form Two Party Agreement (Fourteenth Revision) Page 20
X ,.)
.-. ~._-_..._- .----~--_.--..
due for each phase on a percentage of completicJ:l
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder 'shall be
considered as interest free loans, which mUS"L be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, ci:.y
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or mi lestones or Deliverables set
forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee for Said~hase
1. $
2. $
3. $
Standard Form Two Party Agreement (Fourteenth Revision) Page 21
y' / ð
-----,- ---..---'
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the qompensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been pa~d. Any payments made hereunder shall be
considered as interest free loans, which must be
recurned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention a:r.ount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant-in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions: .-
(l) ( ) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure _by Consultant of
time and materials in excess of said Maximum compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" ("Maximum Compensation") .
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
Standard Form Two Party Agreement (Fourteenth Revision) Page 22
p ,/
--------- ------------
At such time as Consultant shall have incurred time
and materials equal to ("Authorization
Limit"), Consultant shall not be entitled. to any
additional compensation without further authorization
issued in writing and approved by the City. Nothing
herein shall preclude consultant from providing
aèditional Services at Consultant's own cost and expense-
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Title Hourly Rate
Division Manager $180
Principal Consultant 145
Senior Project Manager 125
Project Manager 105
Senior Analyst 85
Analyst 75
Analyst Assistant 65
Prop~rty Owner 50
Serv~ces Rep
Support Staff 45
( ) Hourly rates may increase by 6% for services
rendered after [month], 19 ,if delay in providing
services is caused by City. .-
12- Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $ :
I) Copies, not to exceed $ ~
() Travel, not to exceed $------
() Printing, not to exceed $------'
Standard Form Two Party Agreement (Fourteenth Revision) Page 23
I <)0
--------------- ----------
( ) Postage, not to exceed $
( ) Delivery, not to exceed ~
( ) Long Distance Telephone Charges,
not to exceed $
( ) Other Actual Identifiable Direct Costs:
not to exceed $
, not to exceed $
13. Contract Administrators:
City: Sohaib AI-Agha, Senior Civil Engineer
Consultant: Lyn Gruber, Principal Consultant
14. Liquidated Damages Rate: N/A
( ) $ - per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. l. Investments and sources of income.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.-
( ) Category No. 4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
( ) Category No. 5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with Lhe City or
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
) Category No. 6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
Standard Form Two Party Agreement (Fourteenth Revision) Page 24
y: d I
employee's department to provide serVIces,
supplies, materials, machinery or equipment.
( ) Categorý No.7. Business positiûns.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
NONE
18 Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Based on Deliverables of Paraqraph 11
B. Day of the Period for submission of Consultant's
Billing:
( ) First of t~ Month
( ) 15th Day of each Month
( ) End of the Month .-
( ) Other:
C. City's Account Number: Will be assiqned for each CFD
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
Standard Form Two Party Agreement (Fourteenth Revision) Page 25
:¡ d ,:}-
. .0.0.0_0_- _._..0__00
sooner, the City shall be entitled to r-etain, at t:-:.eir
option, either the following "Retention Pe:r;centage" or
"Retention Amount" until the City determines tha:: the
Retention Release Event, listed below, has occurreò:
( X) Retention Percentage: 10 %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
--
.-
Standard Form Two Party Agreement (Fourteenth Revision) Page 26
't J~
----- ---<---
f;,'¡TACHMENT -~
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Best Best & Krieger LLP
For Special Counsel Legal Services for the Formation of
Maintenance Community Facilities Districts within the City
of Chula Vista Pursuant to the Mello-Roos Community
Facilities Act of 1982
This agreement ("Agreement"), dated ÌY1Mc.i< /.). ~ for
the purposes of reference only, and effective as of ~he date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and Best Best & Krieger LLP
the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant"), and is made
with reference to the following facts:
Recitals ,--
Whereas, the City desires to initiate proceedings pursuant to
the Mello-Roos Community Facilities Act of 1982 and the City of
Chula Vista Community Facilities District Ordinance enacted
pursuant to the powers reserved by the City of Chula Vista under
Sections 3, 5 and 7 of Article XI of the Constitution of the State
of California to form one or more community facilities districts
for the purpose of providing for the financing of the costs of
maintenance of certain landscaping and other improvements required
to serve certain new development, as described in Exhibi t A,
paragraph 7 within the City; and,
Whereas, the City desires to retain the services of special
counsel to assist and advise the City regarding the proceedings to
form such community facilities districts and the ongoing
administration of such community facilities dis-tricts; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
Standard Form Two Party Agreement (Fourteenth Revision) Page 1
<I
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement; and,
(End of Recitals. Next Page starts Obligatory Provisions.)
Standard Form ~wo Party Agreement (Fourteenth Revision) Page 2
1,;)5
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services (" Addi tional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care
Standard Form Two Party Agreement (Fourteenth Revision) Page 3
X (p
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limi t applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which l.S pr1.mary to any
policy which the City may otherwise carry ("Primary Coverage"), and
which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Standard Form Two Party Agreement (Fourteenth Revision) Page 4
/'"'. ,;:)'1
Ó
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorneyl which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credi t "), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
Standard Form Two Party Agreement (Fourteenth Revision) Page 5
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2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
terrrL of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered ~y Consultant
according to the terms and conditions set forth In Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable the reunder is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3 - Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
5. Liquidated Damages
Standard Form Two Party Agreement (Fourteenth Revision) - Page 6
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The provisions of this. section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Standard Form Two Party Agreement (Fourteenth Revision) Page 7
f/30
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Regaràless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's, which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated there under.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
(" Prohibi ted Interest"), other than as listed in Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Standard Form Two Party Agreement (Fourteenth Revision) Page 8
6/3/
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party, which may be In
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
1. Indemnification and Hold Harmless Agreement-
With respect to any liability, including but not limi ted to
claims asserted or costs, losses, attorney fees, or payments for
injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees,
agents, and officers, arising out of any services performed
involving this project, except liability for Professional Services
covered under Section X.2, the Consultant agrees to defend,
indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also
covered is liability arising from, connected with, caused by, or
claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or
omissions of the Consultant, its employees, agents or officers, or
any third party. The Consultant's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising
from the sole negligence or sole willful misconduct of the City,
its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or
services involving this Project, the Consultant agrees to
indemnify, defend and hold harmless the City, its agents, officers
and employees from and against any and all liability, claims,
costs, and damages, including but not limited to, attorneys fees,
losses or payments for injury to any person or property, caused
directly or indirectly from the negligent acts, errors or omissions
of the Consultant or Consultant's employees, agents or officers;
provided, however, that the Consultant's duty to indemnify shall
not include any claims or liability arising from the negligence or
willful misconduct of the City, its agents, officers and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate-any of the covenants,
Standard Form Two Party Agreement (Fourteenth Revision) Page 9
f'3 d--
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agreements or stipulations of this Agreement, City shall have the
right to ter-minate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
Standard Form Two Party Agreement (Fourteenth Revision) Page 10
f33
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limi ted by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1. 34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
I faith with City for the purpose of resolving any dispute over the
, terms of this Agreement.
I
Ii 15. Attorney's Fees
I
i
I Standard Form Two Party Agreement (Fourteenth Revision) Page 11
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f IJ+
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to. t?e subject matter
hereof. Neither this Agreement nor any prOV1.S1.on hereof may be
Standard Form Two Party Agreement (Fourteenth Revision) Page 12
6-35
amended, modified, waived or discharged except by an instrument in
w:r-iting executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
pe:rformance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page. ]
Standard Form Two Party Agreement (Fourteenth Revision) Page 13
6' 3ftJ
Signature Page to
Agreement between City of Chula Vista and
Best Best & Krieger LLP
For Special Counsel Legal Services for the Formation of
Maintenance Community Facilities Districts within the City
of Chula Vista Pursuant to the Mello-Roos Community
Facilities Act of 1982
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: , 19 - City of Chula Vista
Mayor
Attest:
_~C'UIL~~Q~
Susan Bigelow, Ci Clerk
~ ,'1, ()~
Best Best & Krieger LLP
By: Lt )(lI..~J..I..'\-e.ÅA
Warren Diven, Of Counsel
Exhibit List to Agreement
( ) Exhibit A.
Standard Form Two Party Agreement (Fourteenth Revision) Page 14
f'31
Exhibit A
to
Agreement between
City of Chula Vista
and
Best Best and Krieger
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: , a
[insert business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Best Best & Krieger LLP
5. Business Form of Consultant:
( ) Sole Proprietorship
(X ) Partnership
( ) Corporation
6" Place of Business, Telephone and Fax Number of Consultant:
402 West Broadway, 13th Floor
San Diego, California 92101-3542
Voice Phone (619) 525-1300 general
619) 525~1337 Warren Diven
Fax Phone (619) 233-6118
Standard Form Two Party Agreement (Fourteenth Revision) Page 15
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~-~"~~ ~ -----------
7. General Duties:
Consultant shall provide special counsel legal services to the
City pertaining to the formation of community facilities
districts; Eastlake III Woods & Vistas project, McMillin
Village 6 project, Otay Ranch Village 6 project, Brookfield-
Shea-Otay Village 11 project, Village 12 Freeway Commercial
project, and Eastlake Land Swap Parcel project ("Community
Facilities Districts' ') to finance the maintenance of
landscaping and other improvements and, on an as needed basis,
pertaining to the ongoing administration of Community
Facilities Districts formed for such purposes.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
formation of Community Facilities Districts.
Consultant shall provide the following legal services to
the City pertaining to the formation of each Community
Facilities District:
1. Preparation of all resolutions, notices, contracts,
and other papers and documents required in the
formation proceedings;
2. Advise the City staff and other consultants
regarding the required formation procedures and
examine the formation proceedings, step by step, as
such procedures are undertaken;
3. Appear at all hearings required as a part of the
formation proceedings, and attend any other meeting
where attendance is required or requested
4. Review the Report of the Special Tax Consultant as
it relates to the formation proceedings for each
community facilities district;
5. Review and examine the map showing the area and
boundaries of each community facilities district;
6. Review the method and formula utilized by the
Special Tax Consultant for the apportionment and
levy of the special tax within each community
facilities district;
Standard Form Two Party Agreement (Fourteenth Revision) Page 16
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7. Assist in any election procedure, as necessary
and/or required, including the preparation of the
form of all required election documents;
8. Prepare the Notice of Special Tax Lien for each
community facilities district;
9. Provide instruction and advice to City staff and
City consultants related to any of the foregoing;
and
10. Provide any and all other customary special counsel
services relating to the formation proceedings.
Onqoinq Administration of Community Facilities
Districts
In addition to the foregoing services pertaining to the
formation of the community facilities districts,
Consultant shall provide the following additional special
counsel services to the City related to the ongoing
administration of each of the community facilities
districts:
1. Advise and assist City staff and City consultants
regarding:
(a.) Calculation of annual special tax rate and
levy of annual special tax;
(b.) Interpretation and application of special tax
formula;
(c.) Annexation of territory to a community
facilities district; apportionment of special
taxes or authorized maintenance;
(d.) Cancellation or cessation of the Notice of
Special Tax Lien; and
(e.) Other issues related to the ongoing
administration of the community facilities
districts and the levy of special taxes.
2. Preparation of resolutions, notices, contracts, and
other papers and documents required related to any
of the foregoing.
3. Appear at all City Council meetings related to any
of the foregoing and attend any other meeting with
Ci ty staff and City consultants related to any of
the foregoing where attendance is required or
requested by the City.
Standard Form Two Party Agreement (Fourteenth Revision) Page 17
9" if ()
_.H
4. Provide any and all other customary special counsel
services relating to the ongoing administration of
such community facilities districts.
Such legal services pertaining to the ongoing
administration of the community facilities districts
would be provided only on an "as needed" basis upon the
request of the City.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: N/A
Deliverable No. 2: N/A
Deliverable No. 3: N/A
D. Date for completion of all Consultant services:
N/A
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(x) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
(x) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials required to be supplied by City to Consultant:
Such documents as are contemplated in the detailed scope of
work set forth above.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
Standard Form Two Party Agreement (Fourteenth Revision) Page 18
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amounts and at the times or milestones or for the Deliverables
se:: forth below:
Single Fixed Fee Amount: , payable as
follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not-commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
Standard Form Two Party Agreement (Fourteenth Revision) Page 19
Y~'-Id
.- .---.-... -. ...-.-.--.
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions:
Standard Form Two Party Agreement (Fourteenth Revision) Page 20
g-L/3
(1) ( ) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" ("Maximum Compensation") .
(2) ( X ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to $10,000 as to each community
facilities district (The "Authorization Limi t "),
Consultant shall not be entitled to any additional
compensation without further authorization issued in
writing and approved by the City. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant Name Hourly Rate
Partners and Of
Counsel Attorneys Warren Diven $195
and Various Others
Senior Associates
with 4 or more years
of experience Various $170
Junior Associates
with 4 or less years
of experience Various $140
Paralegals Various $105
Law clerks Various $70
( ) Hourly rates may increase by 6,," for services
rendered after [month], 19 , if delay in providing
services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Standard Form Two Party Agreement (Fourteenth Revision) Page 21
'ð -'-/"'¡
"--_."-------- -----
Cost or Rate
( ) Reports, not to exceed $ :
(X) Copies, not to exceed Consultant's current rate
(X) Travel, not to exceed IRS Rate
( ) Printing, not to exceed $ :
(X) Postage, not to exceed Actual Cost
(X) Delivery, not to exceed Actual Cost
( ) Long Distance Telephone Charges,
not to exceed $------.
(X) Other Actual Identifiable Direct Costs:
Facsimile, not to exceed Consultant's current rate
13. Contract Administrators:
City: Sohaib AI- Agha, Senior Civil Engineer
Consultant: Warren Diven
Best Best & Krieger LLP
402 West Broadway, 13th Floor
San Diego, California 92101-3542
Telephone: (619) 525-1337
Fax: (619) 233-6118
E-mail: wbdiven@bbklaw.com
14. Liquidated Damages Rate: N/A
( ) $ - per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
( x) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
Standard Form Two Party Agreement (Fourteenth Revision) Page 22
¡(. is
( ) Category No. 4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
( ) Category No. 5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplie:;;, materials, machinery or
equipment.
( ) Category No. 6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
Nonp
"'-
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants: N/A
:-~!':!Fmp
18 Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
Standard Form Two Party Agreement (Fourteenth Revision) Page 23
y.. 7(¡;;
( X) End of the Month
( ) Other:
C. City's Account Number:
19 Security for Performance (Not Applicable)
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
( ) Retention Percentage: - *
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Standard Form Two Party Agreement (Fourteenth Revision) Page 24
Y-Lj7
ATTACHMENT 3
-
FIRST AMENDMENT TO
the Agreement between the City of Chula Vista
and
MuniFinancial
For Special Tax Consultant Services for the Formation of Maintenance
Community Facilities District within the City of Chula Vista Pursuant
to the Mello-Roos Community Facilities Act of ¡ 982
Recitals
This First Amendment ('"First Amendment") IS entered into effective as of
¡qIA November, 2002 by and between the City of Chula Vista ("City") and
MuniFinancial, ("MuniFinancial"), with reference to the following facts:
WHEREAS, The City Council on March 12, 2002 approved the Agreement
"Original Agreement" with MuniFinancial, a California Corporation for Special Tax
Consultant Services for the Formation of Maintenance Community Facilities Districts by
Resolution No. 2002-062.
WHEREAS, MuniFinancial has been providing Special Tax Consulting services
for many Maintenance Community Districts within the new eastern areas of Chula Vista;
and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the Community Facilities District Formations; and
WHEREAS, the parties negotiated a new Scope of Work; and
-
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of MuniFinancial to provide Special Tax Consultant Services for the'-
annexation of Village 6 and Village II to Improvement Area A of the existing Otay
Ranch Preserve Maintenance District (CFD 97-2), and
NOW, THEREFORE, in consideration of the recitals and the;: mutual obligation of
the parties set forth herein, City and MuniFinancial agree as follows:
1. Exhibit A, Section 7 of the Original Agreement, entitled General Duties, is
hereby amended to read as follows:
A. Delete paragraph e and replace with the following:
e. Village1TFreewav Commercial. The Project consists of 106 acres
of commercial uses. Two CFDs would finance the maintenance of
parkways, medians and other public facilities.
Mun/Financial Page I of3 g.- L.J? CityofChula Vis/a. Amendment
.. ~
Signature Page
to Second Amendment to
Agreement between City of Chula VistB and MuniFinancial LLC
IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment
to the Original Agreement thereby indicating that they have read and understood same,
and indicate their full and complete consent to its terms:
DatedJipklj .:<;). ,2003 ula Vista
c:;2J;(
Attest:
/-l r
I~
Susan Bigelow, City Clerk
Approved as to form:
~*b
MuniFinancial
-~
~~~.-
frank ripepi, PresidentiC ?;P"
By: 1kP~
Paul Whitelaw, Vice President
Dated: ClpJ Ó},:) . ~OO)
J:lEÐgiDeerlLANDDEVlCPD'.\CfD Coo.ullaD' Agreement<lMuni Amendment 2-dnc
Page 3 00 ;? 91
------------- ------ ----------
B. Add new paragraph g to read as fol1ows:
g. Village 6 and Villa~e 11. The project consists of the annexation of
Village 6 and 11 to Improvement Area A of the existing Otay Ranch
Preserve Maintenance District (CFD 97-2). The C FD would finance
the maintenance of parkways, medians and other public facilities.
C. Delete the last paragraph of Section 7 of the Original Agreement, which
reads as follows: " The last two CFDs described above would not
have Tentative Maps entitlements. The City wiIl only pursue at this
time, the formation of "Interim" CFDs, which will be based on gross
acreage ofthe proposed land uses within the project."
II. Exhibit A, Section I1A of the original Agreement, entitled Compensation,
Single Fixed Fee Arrangement, Single Fixed Fee Arrangement, is hereby
amended to read as foIlows:
A. Delete the section entitled Single Fixed Fee Amount and replace it with
the following:
Single Fixed Fee Amount:
$ 17,200.00 for Eastlake III Woods & Vistas
$16,450.00 for McMillin Village 6
$16,450.00 for Otay Ranch ViIlage 6
$16,450.00 for Brookfield-Shea-Otay Vil1age 11
$13,960.00 for McMil1in Village 12 Freeway Commercial
$13,960.00 for Otay Ranch Village 12 Freeway Commercial
$14,685.00 for Eastlake Land Swap Parcel
$ 6,900.00 for annexation of ViII age 6 to Improvement Area A of
the existing Olay Ranch Preserve Maintenance District
(CFD 97-2)
$ 6,900.00 for annexation of Village 11 Improvement Area A 0[-
the existing Olay Ranch Preserve Maintenance District
(CFD 97-2)
III. All other tenns and conditions of the Original Agreement not modified by
this First Amendment remain in fuIl force and effect.
(End of Page, Next Page is a Signature Page)
MuniFinancial Page 2 of 3 i? S 0 City oJ Chula Vista, Amendment
. ...._.' ...- .-"--"'"
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MUNIFINANCIAL
City of Chula Vista MuniFinancial
By J11~}f/ ;;;;"""-d'~(
Michael McNamara, Vice President
By Iaa1 ~
Paul Whitelaw, Vice President
ATTEST:
~.U:B. ~
Susan Bigelow, City Cle~
~--
Approved in form by: .-
MuniFinancial Page3 OJ3;Î , ' City ofChula Vista, Amendment
, ':::;¡ I
~ --,--""--,, -,-,,---_.._~
, ATrACHMEN'I -~
FIRST AMENDMENT TO
the Agreement between the City of Chula Vista
and
Best Best & Krieger, LLP
For Special Counsel Legal Services for the Fonnation of Maintenance
Community Facilities District within the City OfChula Vista Pursuant
to the Mello-Roos Community Facilities Act of 1982
Recitals
This First Amendment ("First Amendment") is entered into effective as of
... i(illlv1L1 1'1 OetOOer 2002 by and between the City of Chula Vista ("City") and Best
Best & Krieger, LLP ("Best Best & Krieger "), with reference to the following facts:
WHEREAS, The City Council on March 12, 2002 approved the Agreement
"Original Agreement" with Best Best & Krieger, LLP for Special Counsel Legal
Services for the Fonnation of Maintenance Community Facilities Districts by Resolution
No. 2002-063.
WHEREAS, Best Best & Krieger has assisted the City with the Legal Counsel for
the fonnation of many Community Facility Districts; and
WHEREAS, City detennined additional work beyond the original Scope of Work
would be necessary to complete the Community Facilities Districts Fonnations; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Best Best & Krieger to provide Special Legal Counsel Services for
the annexation of Village 6 and Village 11 to Improvement Area A of the existing Otay
Ranch Preserve Maintenance District (CFD 97-2),
NOW, THEREFORE, in consideration ofthe recitals and the mutual obligation of
the parties set forth herein, City and Best Best & Krieger agree as foIlows:
1. Exhibit A, Section 7 of the original Agreement, entitled General Duties, is
hereby amended to add the foIlowing:
Consultant shall also provide special legal counsel services to the City
pertaining to the Annexation of ViIlage 6 and Village II to Improvement
Area A of the existing Otay Ranch Preserve Maintenance District (CFD
97-2),
11. AIl other tenus and conditions of the Original Agreement not modified by
this First Amendment remain in fuIl force and effect.
C:I WINDOWSITEMPIBest & Krieger Amendment I.doc Page I of2 f?' 5(;)-
. ) ..L.) :Ji2
,
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND, BEST BEST & KRIEGER, LLP
City ofChula Vista Best Best & Krieger, LLP
By úJ~l~~
Warren Diven, of Counsel
ATTEST:
~ tLÚ ~.~ Q~
Susan Bigelow, City Cle
Approved in form by:
ir£~
John
C:IWINDOWSITEMPIBest & Krieger Amendment I.doc Page2of2 .>(.53
ATTACHMENl
-
"
FIRST AMENDMENT TO
the Agreement between the City of Chula Vista
and
Best Best & Krieger, LLP
For Special Counsel Legal Services for the Formation of Maintenance
Community Facilities District within the City OfChula Vista Pursuant
to the Mello-Roos Community Facilities Act of 1982
Recitals
This First Amendment ("First Amendment") is entered into effective as of
(!<~,"161 ¡ r:r ~r 2002 by and between the City of Chula Vista ("City") and Best
Best & Krieger, LLP ("Best Best & Krieger "), with reference to the following facts:
WHEREAS, The City Council on March 12, 2002 approved the Agreement
"Original Agreement" with Best Best & Krieger, LLP for Special Counsel Legal
Services for the Formation of Maintenance Community Facilities Districts by Resolution
No. 2002-063.
WHEREAS, Best Best & Krieger has assisted the City with the Legal Counsel for
the formation of many Community Facility Districts; and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the Community Facilities Districts Formations; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Best Best & Krieger to provide Special Legal Counsel Services for
the annexation of Village 6 and Village II to Improvement Area A of the existing Otay
Ranch Preserve Maintenance District (CFD 97-2),
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Best Best & Krieger agree as follows:
1. Exhibit A, Section 7 of the original Agreement, entitled General Duties, is
hereby amended to add the following:
Consultant shall also provide special legal counsel services to the City
pertaining to the Annexation of Village 6 and Village 11 to Improvement
Area A of the existing Otay Ranch Preserve Maintenance District (CFD
97-2),
II. All other terms and conditions of the Original Agreement not modified by
this First Amendment remain in full force and effect.
C:IWINDOWSITEMPIBest & Krieger Amendment I.doc Pagelo£2 g- S'f
:" :L') /it;!
!
SIGNA TORE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND, BEST BEST & KRIEGER, LLP
City ofChula Vista Best Best & Krieger, LLP
By LJa ~~ 11...',"~~
Warren Diven, of Counsel
ATTEST:
~~ ~.~ Q~
Susan Bigelow, City Cle
Approved in fonn by:
ft7 ~ 11\ (úJ
JOhn~ , City Atto~
c:\ WfNDOWSITEMPIBest & Krieger Amendment I.doc Page2of2 1('
A rr ACHMENi 5
'-
SECOND AME:\DMEl'T TO
the Agreement between the City ofChula Vista
and
MuniFinancial
For Special Tax Consultant Services for the Annexation to Maintenance
Community Facilities District 97-0~ within the City Of Chula Vista
This Second Amendment is entered into effective as o~ ~ .>~, 2003 ("'Effective
Date") by and between the City of Chula Vista CCi ") d MuniFinancial, LLC,
("Consultant"), with reference to the following facts:
Recitals
WHEREAS. The City Council by Resolution No. 2002-062 on March 12, 2002
approved an Agreement "Original Agreement" with MuniFinancial, LLC for Special Tax
Consultant Services for the Formation of Maintenance Community Facilities Districts;
and
WHEREAS. the Original Agreement has been previously amended by a First
Amendment dated November 19, 2002, approved by Resolution No. 2002-466 to provide
for additional work associated with the annexation of Village 6 and Village II to
Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-
2); and
WHEREAS, MuniFinancial has been providing Special Tax Consulting services
for many Maintenance Community Districts within the new eastern areas of Chula Vista:
and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the Community Facilities District Fom1ations; and
.-
WHEREAS, the parties negotiated a new Scope of Work; and .-
\VHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of MuniFinancial to provide Special Tax Consultant Services for the
annexation of Village 12 to Improvement Area A of the existing Otay Ranch Preserve
Maintenance District (CFD 97-2), and
NOW. THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and MuniFinancial agree as follows:
I. Exhibit A, Section 7 of the Original Agreement, entitled General Duties, is
hereby amended to read as follows:
A. Delete paragraph g and replace with the following:
PagelofJ
? Sb c.~ :.~.?
¿ I,
......-......... ..---
g. Villal!es 6. 11. and 12. The project consists of the annexation of
Villages 6, 11, and 12 to Improvement Area A of the existing Otay
Ranch Preserve Maintenance District (CFD 97-2). The CFD would
finance the maintenance of parkways, medians and other' public
facilities.
II. Exhibit A, Section 11A of the original Agreement, entitled Compensation,
Single Fixed Fee Arrangement, is hereby amended to add the following:
$ 6,900.00 for annexation of Village 12 to Improvement Area A of
the existing Otay Ranch Preserve Maintenance District
(CFD 97-2)
III. All other terms and conditions of the Original Agreement and First
Amendment not modified by this Second Amendment remain in full force
and effect.
(End of Page, Next Page is a Signature Page)
-
.-
Page 2 of3 ;( ')
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
V[ST A WAVING THE CONS UL T ANT SELECTION PROCESS AS
IMPRACTICAL AND APPROVING THE THIRD AMENDMENT
TO THE AGREEMENT WITH MUNIFINANCIAL FOR THE
FORMATION OF MAINTENANCE COMMUNITY FACILITIES
DISTRICT FOR ROLLING H[LLS RANCH SUB-AREA III,
NEIGHBORHOODS 9 TO 12 AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT
WHEREAS, on March 12, 2002, Council by Resolution No. 2002-062, approved
agreements with MuniFinancia[ and with Best Best and Krieger, LLP for special tax
consultant and legal services for the fonnation of maintenance CFDs within the City; and
WHEREAS, the agreement with MuniFinancial was amended for the first time on
November 19, 2002, to provide special tax consultant services for annexing Village 6 and
Village II projects to the Improvement Area A; and
WHEREAS, the agreement with MuniFinancial was also amended for the second
time on Ju[y 22,2003, to provide special tax consultant services for the annexation of Village
[2 to Improvement Area A of the existing Otay Raney Preserve Maintenance District (CFD
97-2); and
WHEREAS, this linn has extensive and up-to-date knowledge of the Eastern
Territories; and
WHEREAS, MuniFinancial is in excellent position to provide the required special
tax services for the proposed CFO formation; and
WHEREAS, Consultant has completed substantial work on this project and has a
complete understanding ofthe issue and is uniquely qualified to perfonn this work and under
these circumstances, it would be impractical to solicit alternative bid proposals, therefore,
staff recommends that the consultant selection process be waived for the following reasons;
and
8 The City has originally selected the most qualified consultants for
maintenance CFDs proceedings
8 This consultant has previously provided special tax consultant services to the
City for several maintenance CFDs in eastern Chula Vista
8 This consultant has demonstrated an ability to work efficiently on past
projects
. This consultant possesses extensive knowledge and experience in this type of
projects, and has mastered a unique understanding ofthe development issues
in the City of Chu[a Vista.
/ .~:: Z
-.-----. ---.---.-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula
Vista does hereby waive the consultant selection process as impractical and approve the third
Amendment to the agreement with MuniFinancial for the fonnation of Maintenance
Community Facilities District for Rolling Hills Ranch Sub-Area Ill, Neighborhoods 9 to 12
and a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, the Mayor of the City ofChula Vista is hereby
authorized to cxecute said Amendment on behalf of the City ofChula Vista.
Presented by Approved as to fonn by
Jack Griffin
Director of General Services
.r"\ttomcy/Reso!^me"dm,,",!3nl ,n""dm,," Mc",;"""",;,'
J:\AttorneyIRESOIAMENDMENTS\3rd amendment MuniFinancial.doc ,}
. .. L~
If' ",)
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
C(
Dated:
Third Amendment to the agreement with MuniFinancial
For formation of maintenance community facilities
District for Rolling Hills Ranch Sub-Area III,
Neighborhoods 9 to 12
I (v()
THIRD AMENDMENT TO
the Agreement between the City of Chula Vista
and
MuniFinancial
For Special Tax Consultant Services for the Fonnation of Maintenance
Community Facilities District within the City of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
This Third Amendment is entered into effective as of , 2004 ("Effective
Date") by and between the City of Chula Vista ("City") and MuniFinancial,
("Consultant"), with reference to the following facts:
Recitals
WHEREAS, The City Council by Resolution No. 2002-062 on March 12, 2002
approved an Agreement "Original Agreement" with MuniFinancial for Special Tax
Consultant Services for the Fonnation of Maintenance Community Facilities Districts;
and
WHEREAS, the Original Agreement has been previously amended by a First
Amendment dated November 19, 2002, approved by Resolution No. 2002-466 to provide
for additional work associated with the annexation of Village 6 and Village 11 to
Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-
2); and
WHEREAS, the Original Agreement has been previously amended by a Second
Amendment dated July 22, 2003, approved by Resolution No. 2003-311 to provide for
additional work associated with the annexation of Village 12 to Improvement Area A of
the existing Otay Ranch Preserve Maintenance District (CFD 97-2); and
WHEREAS, MuniFinancial has been providing Special Tax Consulting services
for many Maintenance Community Districts within the new eastern areas of Chula Vista;
and
WHEREAS, City detennined additional work beyond the original Scope of Work
would be necessary to complete the Community Facilities District Fonnations; and
WHEREAS, the parties negotiated a new Scope of Work; and
W'HEREA~,t~e p_arties now desire to amend the Agreement to expand the Scope
of Work required of MuniFinancial to provide Special Tax Consultant Services for the
fonnation of Maintenance Community Facilities District for Rolling Hills Ranch Sub-
Area ill, Neighborhoods 9 to 12; and
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and MuniFinancial agree as follows:
Page 1 of3 6~&1
----------
1. Exhibit A, Section 7 of the Original Agreement, entitled General Duties, is hereby
amended to read as follows by adding a paragraph "h" as follows:
h. Rolling Hills Ranch Sub-Area ill, Neighborhoods 9 to 12. The project
shall also include the formation of Maintenance Community Facilities
District for Rolling Hills Ranch Sub-Area ill, Neighborhoods 9 to 12. The
CFD would finance the maintenance of storm water pump station and
Multiple Species Conservation Program (MSCP) lot and other public
facilities.
II. Exhibit A, Section II.A of the original Agreement, entitled "Compensation,
Single Fixed Fee Arrangement," is hereby amended by deleting the section
entitled "Sing]e Fixed Fee Amount" and replacing it with the fo1lowing:
Single Fixed Fee Amount:
$17,200.00 for Eastlake ill Woods & Vistas
$16,450.00 for McMillin Village 6
$16,450.00 for Otay Ranch Village 6
$16,450.00 for Brookfield-Shea-Otay Village 11
$13,960.00 for McMillin Village 12 Freeway Commercial
$13,960.00 for Otay Ranch Vi1lage 12 Freeway Commercia]
$14,685.00 for Eastlake Land Swap Parce1
$ 6,900.00 for annexation of Village 6 to Improvement Area A of the existing
Otay Ranch Preserve Maintenance District (CFD 97-2)
$ 6,900.00 for annexation of Village 11 to Improvement Area A of the
existing Otay Ranch Preserve Maintenance District (CFD 97-2)
$ 6,900.00 for annexation of Village 12 to Improvement Area A of the
existing Otay Ranch Preserve Mí\intenance District (CFD 97-2)
$16,450.00 for Rolling Hi1ls Ranch Sub-Area ill, Neighborhoods 9 to 12
ill. A1l other terms and conditions of the Original Agreement and the First and the
Second Amendments not modified by this Third Amendment remain in full force
and effect.
(End of Page, Next Page is a Signature Page)
Page 2 of3 i &,d--
- --------"-" --------
Signature Page
to Third Amendment to
Agreement between City of Chula Vista and MuniFinancial
IN WITNESS WHEREOF, City and Consultant have executed this Third Amendment to
the Original Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
Dated: ,2003 City of Chula Vista
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
MuniFinancial
~~~ ~ Á
an ripepi, Pre ident/ΠY
By: Jd;d~
Paul Whitelaw, Vice President
Dated:
llEnginee,ILANDDEV\CFD'sICFD Consultant AgreementsIMuni Amendment 2.doc
Page3 of3 I' ro3
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAVING THE CONSULT ANT SELECTION PROCESS AS
IMPRACTICAL AND APPROVING THE SECOND AMENDMENT
TO THE AGREEMENT WITH BEST BEST & KRIEGER, LLP FOR
THE FORMATION OF MAINTENANCE COMMUNITY
FACILITIES DISTRICT FOR ROLLING HILLS RANCH SUB-AREA
lll, NEIGHBORHOODS 9 TO 12 AND AUTHORIZING THE
MA YOR TO EXECUTE SAID AMENDMENT
WHEREAS, on March 12, 2002, Council by Resolution No. 2002-062, approved
agreements with MuniFinanciaI and with Best Best and Krieger, LLP for specia1 tax
consultant and legal services for the forn1ation of maintenance CFDs within the City; and
WHEREAS, the agreement with Best Best & Krieger was amended for the first time
on November 19, 2002, to provide special tax consultant and legal services for annexing
Village 6 and Village I I projects to the Improvement Area A; and
WHEREAS, this finn has extensive and up-to-date knowledge of the Eastern
Territories; and
WHEREAS, Best Best & Krieger are in excellent positions to provide the required
special tax services for the proposed CFD fonnation; and
WHEREAS, Consultant has completed substantial work on this project and has a
complete understanding of the issue and is uniquely qualified to perfonn this work and under
these circumstances, it would be impractical to solicit alternative bid proposals, therefore,
staff recommends that the consultant selection process be waived for the following reasons;
and
. The City has originally selected the most qualified consultants for
maintenance CFDs proceedings
. This consultant has previously provided special tax consultant services to the
City for several maintenance CFDs in eastern Chula Vista
. This consultant has demonstrated an ability to work efficiently on past
projects
. This consultant possesses extensive knowledge and experience in this type of
projects, and has mastered a unique understanding ofthe development issues
in the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula
Vista does hereby waive the consultant selection process as impractical and approve the
Second Amendment to the agreement with Best Best & Krieger, LLP for the fonnation of
g 61
. -- ..-..-------
Maintenance Community Facilities District for Rolling Hills Ranch Sub-Area III ,
Neighborhoods 9 to 12 and a copy of which shall be kept on fi1e in the office of the City
Clerk.
BE IT FURTHER RESOLVED, the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Amendment on behalf of the City ofChula Vista.
Presented by Approved as to fonn by
'~?ll !t fit' '~
Jack Griffin Ann nV
Director of General Services City Attorney
JAUomey!Reso!Ameml",e,,"!2"" "",eod""," Be" Best & K,¡eg"
J:IAttorneyIRESOIAMENDMENTSI2nd amendment best best & Krieger.doc ~5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
r/£A-fi1Jt '~
~ Moore
City Attorney
Dated: 1-&- ¿)i
2nd Amendment to the agreement with Best Best & Krieger, LLP
for the fonnation of the Maintenance Community Facilities District
for Rolling Hills Ranch Sub-Area III, Neighborhoods 9 to 12
/f£?
SECOND AMENDMENT TO
the Agreement between the City of Chula Vista
and
Best Best & Krieger, LLP
For Special Counsel Legal Services for the Fonnation of Maintenance
Community Facilities District within the City OfChula Vista Pursuant
to the Mello-Roos Community Facilities Act of 1982
This Second Amendment ("Second Amendment") is entered into effective as of
, 2004 by and between the City of Chula Vista ("City") and Best Best &
Krieger, LLP ("Best Best & Krieger "), with reference to the following facts:
Recitals
WHEREAS, The City Council on March 12, 2002 approved the Agreement
"Original Agreement" with Best Best & Krieger for Special Counsel Legal Services for
the Fonnation of Maintenance Community Facilities Districts by Resolution No. 2002-
063; and
WHEREAS, the Original Agreement has been previously amended by a First
Amendment dated November 19, 2002, approved by Resolution No. 2002-467 to provide
for additional work associated with the annexation of Village 6 and Village 11 to
improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-
2); and
WHEREAS, Best Best & Krieger has assisted the City with the Legal Counsel
for the fonnation of many Community Facility Districts; and
WHEREAS, City detennined additional work beyond the original Scope of Work
would be necessary to complete the Community Facilities Districts Fonnations; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Best Best & Krieger to provide Special Legal Counsel Services for
the fonnation of Maintenance Community Facilities District for Rolling Hills Ranch Sub-
Area III, Neighborhoods 9 to 12 Maintenance District, and
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Best Best & Krieger agree as follows:
I. Exhibit A, Section 7 of the original Agreement, entitled General Duties, is
hereby amended to add the following:
H:IUsersIWBDlMarketing\SpeciaJ Counsel Agreements\Chula Vista\Two Party Agmt CFD for Services - Best &
Krieger Amendment 2.doc Pagelof3 ;(-b7
-'~'
SIGNATURE PAGE TO SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND, BEST BEST & KRIEGER, LLP
City of Chula Vista Best Best & Krieger, LLP
By By LJ ('J. \." D 'U'TCA...
Stephen C. Padilla, Mayor Warren Diven, Partner
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
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H:IUserslWBDIMarketinglSpecial Counsel AgreementslChuIa VistalTwo Party Agmt CFD for Services - Best &
Krieger Amendment 2_doc Page 3 of3 -7
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 1/13/04
ITEM TITLE: Resolution Approving the Final Map for San Miguel
Ranch Planning Area 'T', Chula Vista Tract No. 99-04. Accepting on behalf
of the City ofChula Vista, the various streets and easements, all as granted on
said map, within said subdivision and approving the Subdivision
Improvement Agreement for the completion of improvements required by
said subdivision, and authorizing the Mayor to execute said agreement.
Resolution Approving the Final Map Supplemental
Subdivision Improvement Agreement for San Miguel Ranch Planning Area
"F", Chula Vista Tract No. 99-04, requiring Developer to comply with certain
unfulfilled conditions of Resolution No. 2000-068 and authorizing the Mayor
to Execute Said Agreement
Resolution Approving a Grant of Easements and
Maintenance Agreement, between NNP Trimark San Miguel Ranch, LLC and
City, regarding maintenance of private open space and facilities and
authorizing the Mayor to execute said Agreement
SUBMITTED BY: Director of General Services 'ò' J),
City Engineer ~
REVIEWED BY: City Manager C;f- ?:J.I (4/Sths Vote: Yes_NolO
fr'
On February 29, 2000, by Resolution No. 2000-068, the City Council approved a Tentative
Subdivision Map for Chula Vista Tract 99-04, San Miguel Ranch. On August 7, 2001 by Resolution
No. 2001-259, Council approved San Miguel Ranch Phases 1,2 & 4 "A" Map No. I. Tonight, City
Council will consider the approval of Planning Area "F" final map within Phase 2 of San Miguel
Ranch by the developer Trimark Pacific-Ventana, LLC.
RECOMMENDATION: That Council adopt the following Resolutions:
1. Approving the Final "B" Map & Subdivision Improvement Agreement for Planning Area F.
2. Approving the Final Map Supplemental Subdivision Improvement Agreement.
3. Approving the Grant of Easements and Maintenance Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The project is generally located north of Mount Miguel Road, west of the existing SDGE major
easement, within the area of San Miguel Ranch Phase 2. The "B" map for Planning Area "F"
consists of 46 numbered lots (Single Family Detached units) and 3 lettered lots, totaling a gross area
of 12.831 acres (see Exhibit 1).
The final map has been reviewed by the Engineering Department and found to be in substantial
confonnance with the approved Tentative Map. Approval ofthe map constitutes acceptance by the
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Page 2, Item ~
Meeting Date 1/13/04
City of all assignable and irrevocable general utility and access easements, tree planting and
maintenance easements, sight visibility easements, and emergency and pedestrian access easements
within the subdivision. Trimark Pacific-Ventana LLC, as current owner of planning Area F has
executed the appropriate Subdivision Improvement Agreement, providing bonds to secure the
construction of on site facilities within the subdivision and a Supplemental Subdivision Improvement
Agreement, which addresses several outstanding conditions of the tentative map.
Parks
The Master Developer (NNP Trimark San Miguel Ranch, LLC) has provided an Irrevocable Offer of
Dedication of Fee Interest for its portion of the land acquisition obligation for community parks
within San Miguel Ranch Phases 1,2, & 4 "A" Map No. (Resolution No. 19210). An PAD fees
have been paid.
Affordable Housing
Under the City's Affordable Housing Program and based on a total of 1,394 residential housing
units, which are currently anowed to be constructed within San Miguel Ranch, the developer has an
obligation to provide 70 affordable units for low income households and 70 affordable units for
moderate income households within the project. In order to ensure satisfaction of this obligation, an
Affordable Housing Agreement for San Miguel Ranch was executed on August 7, 200!.
As stipulated within the Agreement, "prior to the approval of the Final Map involving the 892nd
dwening unit for the Project or prior to the issuance of the 360th building permit for the Project,
whichever occurs first", the developer must submit a site plan application for Design Review
Commission (DRC) review and approval for a minimum of 48 low income units. At this time, the
developer has submitted an application for review for a proposed 120 unit condominium
development. Seventy (70) units are proposed for low income households and forty-five (45) units
for moderate income. A preliminary hearing regarding the proposal was held on November 17, 2003
and the final hearing by the DRC win be held in January 2004.
Grant of Easements and Maintenance Agreement
There is no CFD for maintance within San Miguel Ranch, therefore San Miguel Ranch Master
Developer NNP Trimark San Miguel Ranch LLC is responsible for an maintenance. The
Maintenance Agreement establishes specific obligations and responsibilities of the developer, which
win be transferred to the Home Owners Association, regarding the maintenance of private open
space and facilities within the right of way. This agreement also grants non-City crews permission to
maintain parkways in the public right of way and storm drain inlets equipped with water quality
facilities.
FISCAL IMPACT: None to the City. Developer has paid an costs associated with the proposed
Final Map and agreements.
Attachments:
Exhibit 1: Plat - San Miguel Ranch Planning Area "F", Chula Vista Tract 99-04, location map.
Exhibit 2: Developer's Disclosure Statement
J:IEngineerlLANDDEVIProjectslSan Miguel RanchlNeighburhood FIAII3 _SanMigueIRanch,F,doc
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CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH
PLANNING AREA "F"
VICINITY MAP
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City ofChula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following infonnation must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application
or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
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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 ofthe trust.
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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?
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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 ~
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City ofChula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official** may have in this contract?
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6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No ¿yes - If yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to
a current member of the Chula Vista City Council? Yes- No~
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** ofthe City ofChula
Vista in the past twelve (12) month~his includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No-
If Yes, which official ** and what was the nature of item provided?
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* Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
nENGINEERILANDDEV\FORMS-OFFICIAL \MISC\DISCLQSURE ST A TEMENT.DOC
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR SAN
MIGUEL RANCH PLANNING AREA "F", CHULA VISTA
TRACT NO. 99-04. ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA, THE VARIOUS STREETS AND
EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN
SAID SUBDIVISION AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 99-
04, San Miguel Ranch Planning Arca 'T', particularly described as follows:
Lot I of Chula Vista Tract NO. 99-04, San Miguel Ranch, Phases 1, 2, & 4, "A"
Map No. I, in the City of Chula Vista, County of San Diego, State of California.
Area: 12.83 I Acres No. of Lots: 49
Numbered Lots: 46 Lettered Lots: 3
is made in the manner and fonn prescribed by law and confonns to the surrounding
surveys; and that said map and subdivision ofland shown thereon is hereby approved and
accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the
public the following streets: A venida Belterra, Corte Anacapa and Plaza Pa1mera all as
shown on San Miguel Ranch Planning Area "F" map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts the easement,
sight visibility, tree planting and maintenance, general utility and access, public trail, and
assignable and irrevocable general utility and access easements all as shown on San
Miguel Ranch Planning Area "F" map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby abandons on behalf of
the City of Chula Vista certain General Utility and Access easement recorded August 21,
2001, in lot I ofChula Vista tract no 99-04 map 14261.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is
hereby authorized and directed to endorse upon said map the action of said Council; that
said Council has approved said subdivision map, and that those certain streets and
easements as granted San Miguel Ranch Planning Area "F" within said subdivision are
accepted on behalf of the City of Chula Vista as hereinabove stated.
.) ~7
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit
said map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement
Agreement dated January 13, 2004, for the completion of improvements in said
suhdivision, a copy of which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said agreements for and on behalf of the City
ofChula Vista.
Presented by Approved as to fonn by
/e-reæ Ç)/J/l W~
Jack Griffin Ann 0 e ¡//
Director of General Services City Attorney
J:Attorney\ResolMaps\Reso-F
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
@mA4t:or;W~
City Attorney
Dated: / - (0 - 0 tf
Subdivision Improvement Agreement
between the City of Chula Vista and NNP- Trimark San Miguel Ranch, LLC
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of , 2003, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and
TRIMARK PACIFIC-VENTANA, LLC, a California limited liability company, 613 West
Valley Parkway, Suite 200, Escondido, CA 92025, hereinafter called "Subdivider" with reference
to the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
SAN MIGUEL RANCH PLANNING AREA "F" (CVT 99-04) pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, _as an a1tel11a1iv~
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the perforn1ance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period oftime prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
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install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2000-068, approved on the
29th day of February, 2000 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01032-01 through 01032-06 inclusive, on file in the office
of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
SEVEN ffiJNDRED FOURTEEN THOUSAND DOLLARS AND NO CENTS ($714,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the tenns, conditions and
requirements of the Tentative Map Resolution; to do and perfonn or cause to be done and
perfonned, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict confonnity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals tills reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if pennanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second aïïiiivèisary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perfonn said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
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certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable IO said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED FIFTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($357,000.00) which
security shall guarantee the faithful performance of this contract by Subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED FIFTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($357,000.00) to
secure the payment of material and labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and
the bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($8,500.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit '"c" and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for paymentt1iêfeof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
secunty.
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10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incuITed
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and COITect any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
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14. Subdivider agrees to defend, indemnify, and hold hannless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 ofthe Government Code of the State of
California.
IS. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion detennines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, pennit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a fonn approved
by the City Attorney.
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SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH PLANNING AREA "F"
(CVT 99-04)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA Trimark Pacific- Ventan.a, LLC, a California
Limited liability companr ,
By: TPH, LLC, a California limited liability
Company, managing member
Mayor of the City ofChula
Vista By: Trimark Ventures, Inc., a California
ATTEST ~ 11;-
City Clerk By:
Approved as to form by Stephen E. Hester
Executive Vice President
City Attorney
(Attach Notary Acknowledgment)
~
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California ~ }
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County of I 1Á-I" ~
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personally appeared I--t. r- r ,
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I '." J, WARD 0 proved to me on the basis of satisfactory .-
1 i Commission # 1412~ evidence
, Notary Public. CaIIoØI ~
1 Orange County to be the person(s whose name(fl isfare"' ~
I . Mycomm.ExpIr8IApr3O, subscribed to the~in instrument and "
~ ',.; , acknowledged to me that hef~xecuted
~ ' the same in his~ authorized
~ capacity(je!!), and that by hisflm1'7!fiëi"'"r
g signature(*"n the instrument the person(s1;-ür
¡¡¡ the entity upon behalf ot which the person(sr--
g acted, executed the instrument.
~ my ~J'jd official sea~,
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~ OPTIONAL I
~ Though the inlormation below is not required by law, it may prove valuable to peesons relying on the document and could prevent ~
~ fraudulent removal and reanaehment of IhlS form to another document. ~
~ Description of Attached Document ~
~ Title or Type of Document: ~
~ Document Date: Number of Pages: ~
~'.....;,'Signer(s) Other Than Named Above: I..'
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~ Capacity(ies) Claimed by Signer:
¡¡¡ Signer's Name: ,I
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Signer Is Representing:
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LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $357,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $357,000.00
Exhibit "c" Improvement Security - Monuments:
Form: Bond
Amount: $8,500.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
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nAttomeylSIA ISan Miguel Area F
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I
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP SUPPLEMENT AL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING
AREA "1"', CHULA VISTA TRACT NO. 99-04, REQUIRING DEVELOPER
TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2000-068 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, thc developer has executed a Supplemental Subdivision
Improvement Agreement to satisfy remaining conditions of Resolutions 2000-068
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 99-04, San Miguel Ranch Planning Area "F", a copy of which
shaH be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is
hereby authorized and directed to execute said agreements for and on behalf of the City
ofChula Vista.
Presented by Approved as to fonn by
~
Jack Griffin Ann e
Director of General Services City Attorney
.I:Attorney\Reso\SSIA\Reso-F2
¡ j' I
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
{f7 ~~~
';2m nnMoore
City Attorney
Dated: (- {o - 0 Ý
San Miguel Ranch Planning Area "F" Final Map
Supplemental Subdivision Improvement Agreement
between the City ofChula Vista and NNP-Trimark San Miguel Ranch, LLC
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RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is )
a conveyance to a public agency )
of less than a fee interest for )
which no cash consideration has )
been paid or received. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SAN MIGUEL RANCH PLANNING AREA "F" FINAL MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 1,10, 12, 26,40, 54, 57, 103, 109, 140, 156, 173,
178, 179,187 and 194)
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This Supplemental Subdivision Improvement Agreement
("Agreement") is made this -----day of----, 2003, by and between
THE CITY OF CHULA VISTA, California ("City" or " Grantee" for
recording purposes only) and Trimark Pacific-Ventana, LLC, a
California Limited Liability Company ("Developer" or "Grantor"),
with reference to the facts set forth below, which recitals
constitute a part of this Agreement:
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RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Attachment "A" attached hereto and incorporated
herein ("Property"). The Property commonly known as Planning
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Area "G" of San Miguel Ranch is within approved Tentative
Subdivision Map Chula Vista Tract 99-04, San Miguel Ranch, C~ty
Of Chula Vista, California ('Resolution No. 2000-068 on Februä;ry
29, 2000 the "Resolution" and Resolution No. 2001-453 on DecernDer
17 2001 the "Amendment"), which project is commonly known as gan
Miguel Ranch. For purposes of this Agreement the term "Project"
shall also mean "Property".
B. Developer and/or Developer's prec.ecessor in interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract 99-04 San Miguel
Ranch ("Tentative Subdivision Map") for the subdivision of the
Property.
C. The City has adopted Resolution No. 2000-068
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more
particularly described in the Resolution and amended said
conditions via Resolution No. 2001-453 ("Amendment").
D. The Ci ty has adopted Resolution No. 2001-259 pursuant
to which it has approved the San Miguel Ranch Phases 1, 2, and 4
Supplemental Subdivision Improvement Agreement - A Map ("Previous
Agreement") which touched and concerned the Property.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with
the Tentative Subdivision Map described in this Agreement.
Developer understands that ,,-ubsequent final maps may be subject
to the same security terms and conditions contained herein.
F. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. " Developer" means the person, persons or entity having
a legal or an equitable interest in the property or parts thereof
and includes Developer's successors-in-interést and assignors of
any property within the boundaries of the map. This includes
Trimark Pacific-Ventana, LLC, a California Limited Liability
Company and any and all owners of real property within the
boundaries of the Property, and all signatories to this
Agreement.
--- b. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after the
final map has been recorded.
c. "PFFP" means the Public Facilities Financing Plan adopted
by Resolution No. 19631 on October 19, 1999 and amended by
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Resolution No. 2001-453 ("Amendment") on December 17, 2001 and as
may be further amended from time to time. ~.
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NOW, THEREFORE, in exchange for the mutual covenants, terms ánd
conditions herein contained, the parties agree as set forth
below.
1. Agreement Applicable to Subsequent OWners.
a. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property as described on Attachment "A" until released by the
mutual consent of the parties. For the purposes of this
Agreement the "Developer" shall also mean "Applicant"
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for
the purposes of protecting the interest of the community and
other parties public or private, in whose favor and for whose
benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are
owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise
<ill rights and remedies and to maintain any actions or suits at
law or in equity or other - proper proceedings to enforce the
curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portioJ,l of the Project to a Guest Builder,
Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the Guest
Builder, provided Developer obtains the prior written consent of
the City to such release. Such assignment to the Guest Builder
shall, however, be subject to this Agreement and the Burden of
this Agreement shall remain a covenant running with the land.
The City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of
the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the
satisfaction of the City, its ability to perform its obligations
under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
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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.1:the Developer or its assignee, t;he
City shall release the assignee of the Burden of this Agreeme'nt
as to such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City
and such partial release will not, in the opinion of the City,
jeopardize the likelihood that the remainder of the Burden will
not be completed.
e. Release of Individual Lots. Upon the occurrence of any
of the following events, Developer shall, upon receipt of the
prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's
obligation under this Agreement:
i. The execution of a purchase agreement for the sale
of a residential lot to a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's
Association;
iii. The conveyance of a school site as identified in
the SPA Plan to a school district;
The City shall not withhold its consent to such release
so long as the City finds in good faith that such release will
not jeopardize the City's assurance that the obligations set
forth in this Agreement will be performed. At the request of the
Developer, the City Manager lor Manager's designee) shall execute
an instrument drafted by Developer in a recordable form
acceptable to the City Manager (or Manager's designee), which
confirms the release of such lot or parcel from the encumbrance
of this Agreement.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released
from the encumbrance hereof.
2. Condition No. 1 - (General Preliminary) In partial
satisfaction of Condition No. 1 of the Resolution, The Developer
shall comply with all requirements and guidelines of the San
Miguel Ranch SPA Plan, Planned Community (PC) District
Regulations, Design Guidelines, Public Facilities Financing Plan,
Affordable Housing Plan, Air Quality Improvement Plan and Water
Conservation Plan, as may be amended from time to time, unless
specifically modified by the appropriate department head, with
the approval of the City Manager. These plans may be subject to
minor modifications by the appropriate department head, with the
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approval of the City Manager, however, any material modifications
shall be subject to approval by the City Council. -.;.
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3. Condition No. 10 - (General Preliminary) . °In
satisfaction of Condition No. 10 of the Resolution, the Developer
agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur or if they are, by their
terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to
their terms, the City shall have the right to revoke or modify
all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that
are derived from the approvals herein granted, institute and
prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The Developer
shall be notified 10 days in advance prior to any of the above
actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City
within a reasonable and diligent time frame
4. Condition No. 12 - (Indemnification). In satisfaction
of Condition No. 12 of the Resolution, the Developer agrees that
the Developer shall indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and
costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and any or all
entitlements and approvals issued by the City in connection with
the Project.
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5. Condition No. 26 - (Wall Installation). In partial
satisfaction of Condition No. 26 of the Resolution, the Developer
agrees to construct all walls in conjunction with improvements for
San Miguel Ranch Planning Area "F"
6. Condi tion No. 40 (ADA Standards). In satisfaction of
Condition No. 40 of the Resolution the Developer agrees that in
the event the Federal Government adopts "Americans with
Disabilities Act" ("ADA") standards for street rights-of-way,
which are in conflict with the standards and approvals contained
herein, all such approvals conflicting with those standards shall
be updated to reflect those standards. Unless otherwise required
be federal law, City ADA standards may be considered vested, as
determined by Federal Regulations, only after construction has
commenced.
7. Condition No. 54 - (Street Lights on Traffic Signal
Standards) . In partial satisfaction of Condition No. 54 of the
Resolution, the Developer shall construct and guarantee that
street lights and traffic signals will be designed and
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constructed, all as set forth below at locations shown on
approved drawing number 00041 and as approved by the qty
Engineer. '.
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a. Improvements
The Developer shall construct all improvements and provide
security satisfactory to the City Engineer in accordance with the
Public Facilities Financing Plan, as may be amended from time to
time and shall construct the land development work in and
adjoining said subdivision and as shown on Drawing number 00041
(Land Development Improvements"), at its own expense, without any
cost to the City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer. Developer further agrees to furnish the necessary
materials therefore; all in strict conformity and in accordance
with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
Developer shall complete construction of the Land Development
Improvements on or before the earlier of the second annlversary
date of Council approval of this Agreement or, if prior to
Council approval of this agreement, a construction permit was
issued for any portion of said Land Development Improvements,
then construction on that portion for which a permi t was issued
shall be completed on or before the second anniversary date of
issuance of said permit. It is expressly understood and agreed to
by Developer that, in the performance of construction of said
Land Development Improvements, Developer shall conform to and
abide by all of the provisions of the ordinances of the City of
Chula Vista, and the laws of the State of California applicable
to said work. Nothing herein is intended to preclude Developer
from requesting Transportation Development Impact Fee credits or
reimbursements from a Community Facilities District for eligible
improvements.
b Bonding.
1. Developer agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
Agreement, and to thereafter maintain until City acceptance of
the work referenced herein, an approved improvement security from
a sufficient surety, whose sufficiency has been approved by the
City Engineer- and ci ty Attorney in the sums as set forth on
Attachment "B", which security shall guarantee the faithful
performance in connection with the installation of the Land
Development Improvements as shown on Attachment "E"
2. Developer acknowledges and agrees that if the
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Land Development Improvements are not completed within the time
agreed herein, the sums provided by said improvement securities
may be used by City for the'c. completion of the Land Developmèþt
Improvements in accordance: with those approved plans ahd
specifications contained on drawing number 00041, or at t~e
option of the City, for those improvements shown on Attachment
liB" that are less than, but not greater to, the sums provided by
said improvement securities. Upon certification of completion by
the City Engineer and acceptance of said work by City, and after
certification by the Director of Finance that all costs hereof
are fully paid, the whole amount, or any part thereof not
required for payment thereof, may be released to the Developer or
its successors in interest, pursuant to the terms of the
improvement security. Developer agrees to pay to the City any
difference between the total costs incurred to perform the work,
inol uding limited and reasonable design and administration of
construction in substantial conformance with the approved plans
(including a reasonable allocation of overhead), and any proceeds
from the improvement security.
c Developer's Costs and Expenses. It is also expressly
agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer
thereof, be liable for any portion of the costs and expenses of
the work aforesaid, nor shall the City or the City's officer,
sureties or bondsmen, be liable for the payment of any sum or
sums for said work or any materials furnished therefore.
d. Plan Check fees and Additional Costs. It is further
understood and agreed by D~veloper that any engineering costs
( including plan checking, inspection, materials furnished and
other incidental expenses) incurred by City in connection with
the approval of the Land Development Improvements plans and
installation of Land Development Improvements described above, as
required by City and approveQ by the City Engineer shall be paid
by Developer, and that Developer shall deposit, prior to
recordation of this Final Map, with City a sum of money
sufficient to cover said cost.
e Maintenance Costs. Developer understands and agrees
that until such time as all of the Land Development Improvements
as covered by any particular bond are fully completed and
accepted by City, Developer shall be responsible for the care,
maintenance of, and any damage to, streets and any alleys,
easements, water and sewer lines. It is further understood and
agreed that Developer shall guarantee all of the Land Development
Improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission of
Developer, its agents or employees in the performance of this
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Agreement, and that upon acceptance of the work by City,
Developer shall grant to City, by appropriate conveyance, ~he
public improvements constructed pursuant to this agreemen): ;
provided, however, that said acceptance shall not constitute: a
waiver of defects by City as set forth hereinabove.
f. Indemnification Developer further understands and
agrees that City, (as "Indemnitee") or any officer or employee
thereof, sball not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and
property takings claims occasioned by reason of the acts
omissions of Developer, its subcontractors or suppliers, its
agents or employees, or Indemnitee (which are not the result of
Indemnitee's sole negligence or willful misconduct), related to
the construction of the Land Development Improvements. Developer
further agrees to defend, indemnify, protect and hold the
Indemnitee, its officers and employees, harmless from any and all
claims, demands, causes of action, liability, costs and expense
(including without limitation, reasonable attorney's fees) or
loss for bodily injury, death or property damages, including
thereto hazardous materials and property takings claims because
of or arising out of Developer's construction of the Land
Development Improvements or the acts or omissions of Developer,
its subcontractors or suppliers, its agents or employees, or
Indemnitee, related thereto; provided, however, that Developer
shall have no obligation to indemnify, defend, protect or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of .the Indemnitee or any officer or
employee thereof. Developer further agrees to defend, indemnify,
protect and hold the Indemnitee, its officers and employees,
harmless from any and all claims, demands, causes of action,
liability, cost and expense (including without limitation,
reasonable attorney's fees)- made or incurred by such third
parties pursuant to or arising out of contracts entered into by
such third parties with or on behalf of Developer or its
successors, assigns or agents concerning construction of the Land
Development Improvements provided, however, that Developer shall
have no obligation to indemnify, defend or hold Indemnitee or any
officer or employee thereof harmless from any such losses,
claims, demands, damages, causes of action, liability, costs and
expenses to the extent that they have arisen due to the sole
negligence or willful misconduct of Indemnitee or any officer or
employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Street Improvements as provided
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herein. It shall also extend to damages resulting from diversion
of waters, change in the volume of flow, modification of the
velocity of the water, erosiøn or siltation, or the modificat~on
of the point of discharge aš the result of construction of t'he
Land Development Improvements. The approval of plans for the
Land Development Improvements shall not constitute the assumption
by Ci ty of any responsibility for such damage or taking, nor
shall City, by said approval, be an insurer or surety for said
work and related improvements. The provisions of this paragraph
shall become effective upon the execution of this Agreement and
shall remain in full force and effect for ten (10) years
following the acceptance by the City of the Land Development
Improvements.
8. Condition No. 57 - (Sewer and Water). In partial
satisfaction of Condition No. 57 of the Resolution, the Developer
shall guarantee prior to the release of bonds for street
improvements that the "Engineer-of-Work. has clearly identified
all sewer (S) and water (W) lateral locations prior to the
construction of curbs so that the curb face can be stamped with
an "8. and "W., for the sewer and water laterals, respectively,
and the Developer shall propagate all curb face markings in order
to assure that the locations of the said utilities are
identifiable.
9. Condi tion No. 103 - (DG Walkways free from obstacles).
In partial satisfaction of Condition No. 103 of the Resolution,
the Developer hereby acknowledges and agrees that there shall be
no vertical obstacles or any obstructions such as public utility
vaults, boxes, etc. placed wi thin the decomposed granite (D. G.)
walkways within the project. In the event of any such obstruction
placed within the walkways, Developer agrees to immediately remove
such obstructions, upon reque5t of the City.
10. Condition No. 109 - (Walls within Open Space
Maintenance Districts). In satisfaction of Condition No. 109 of
the Resolution the Developer agrees that walls which are located
within the open space maintenance district shall have owners of
adjoining lots sign a statement when purchasing their homes that
they are aware that the wall is on Open Space property and that
they may not modify or supplement the wall or encroach onto Open
Space property. These restrictions shall also be reflectedin.-the
CC&R's for each lot, and a copy of said restrictions shall be
provided to the City for its approval.
11. Condi tion No. 140 (Landscape Improvements). In partial
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satisfaction of Condition No. 140 of this Resolution, Developer
agrees that prior to the acceptance of improvements for gny
portion of Planning Area F, Bhe Applicant shall install landscãpe
planting and irrigation improvements for Lots F-A, F-B and EI-A ~o
the satisfaction of the Director of Planning and Building.
12. Condition No. 156 (Landscaping Plans). In partial
satisfaction of Condition No. 156 of the Resolution, Developer
shall provide a landscaping plan for the Property, prior to
issuance of the first building permit for the Property, showing
that all single family residential lots have been designed to
accommodate a 5~' X 5~' (30.25 sq. ft.) tree planting area within
the street tree easement clear of utility lines, boxes, and
similar obstructions.
13. Condition No. 173 of Resolution No. 2000-068 (Fire
Protection) In partial satisfaction of Condition No. 173 of the
Resolution, the Developer shall provide sprinkler systems in all
homes that are on flag lots where the setback distance is greater
than 150' as measured from the nearest curb face
15. Condi tion No. 178 of Resolution No. 2000-068 - (Noise
Levels) In partial satisfaction of Condition No. 178 of the
Resolution, the Developer shall design all dwelling units to
preclude interior noise levels over 45 dBA and shield all exterior
private open space to limit noise exposure to 65 dBA.
16. Condition No. 1]9 (National Pollutant Discharge
Elimination System). In partial satisfaction of Condition No. 179
of the Resolution, the Developer shall comply with the following:
a. The development of the subdivision shall comply with
all applicable regulations.- established by the United States
Environmental Protection Agency (USEPA) as set forth in the
National Pollutant Discharge Elimination System (N. P . D . E . S .)
permit requirements for urban runoff and storm water discharge
and any regulations adopted by the City of Chula Vista pursuant
to the N.P.D.E.S. regulations or requirements;
b. File a Notice of Intent with the State Water Resources
Control Board to obtain coverage under the N.P.D.E.S. General
Permit for Storm Water Discharges Associated with Construction
Activity and shall implement ¿-..Storm Water Pollution Prevention
Plan (SWPPP) concurrent with the commencement of grading
activities;
c. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures
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and shall identify funding mechanisms for post construction
control measures;
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d. Comply with all tile provisions of the N.P.D.E.S. ahd
the Clean Water Program during and after all phases of t'he
development process, including but not limited to: mass grading,
rough grading, construction of street and landscaping
improvements, and construction of dwelling units;
e. Design the Project's storm drains and other drainage
facilities to include Best Management Practices to minimi ze non-
point source pollution, satisfactory to the City Engineer;
f. Incorporate in the project design water quality and
watershed protection principal and all post construction Best
Management Practices (BMP's) selected for the project, in
compliance with the NPDES Permit;
g. Prior to Final Map approval for the project, Developer
shall enter into an agreement with the City where Developer
agrees not to protest the formation of a facilities benefit
district or any other funding mechanism approved by the City to
finance the operation, maintenance, inspection, and monitoring of
NPDES facilities. This agreement to not protest shall not be
deemed a waiver of the right to challenge the amount of any right
of any person to vote in a secret ballot election. The above
noted agreement shall run with the entire land contained within
the Project;
h. Prior to Final Ma:g approval., building permits, or at
such time as required by the City Engineer, the Developer shall
submit and obtain approval from the City Engineer of a
maintenance program for the proposed post-construction BMP's.
The maintenance program shall include, but not be limited to: I)
a manual describing the maiDtenance schedule and activities of
said facilities, 2) an estimate of the cost of such maintenance
activities, and 3) a funding mechanism for financing the
maintenance program. In addition, the Developer shall enter into
a Maintenance Agreement with the City to ensure the maintenance
and operation of said facilities;
i. Prior to approval of any grading, construction, and
building permits for the project, the Developer shall demonstrate
to the satisfaction of the City Engineer compliance with all of
the applicable provisions of the municipal code, Model Standard
Urban Storm Water Mitigation Plans (SUSMP's) and Numeric Sizing
Criteria shall incorporate into the project planning and design
effective post-construction BMP's and provide all necessary
studies and reports demonstrating compliance with the applicable
regulations and standards. BMP's shall be identified and
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implemented that specifically prevent pollution of storm drain
systems to the Maximum Extent practicable (MEP) from certain
project feature, land use, a:t.eas, and activities. .
j. Comply with all relevant City regulations and policies
including, but not limited to, incorporation into the design and
implementation of the Project temporary and permanent structural
Best Management Practices and non-structural mitigation measures
that would reduce pollution of storm water runoff to the maximum
extent practicable.
17. Condition No. 187 - (Withhold Building Permits). In
partial satisfaction of Condition No. 187 of the Resolution, the
Developer acknowledges that the City may withhold building
permits for any of the phases of development identified in the
Public Facilities Financing Plan (PFFP) if the required public
facilities, as identified in the PFFP or as amended or otherwise
conditioned, have not been completed or constructed to the
satisfaction of the Director of Planning and Building.
18. Condition No. 194 of Resolution No. 2000-068 -
(Withhold Building Permits). In partial satisfaction of Condition
No. 194 of the Resolution, the Developer acknowledges and agrees
that issuance of any building permit for this project is
contingent upon satisfactioJ). of all applicable requirements of
the San Miguel Ranch Affordable Housing Agreement (approved by
Ci ty Council on August 7, 2001 by City Council Resolution 2001-
258) by the Master Developer NNP -Trimark Pacific Homes to the
satisfaction of the Director of the Community Development
Department. ~
19. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1,10,
12, 26,40, 54, 57, 103, 109, 140, 156, 173,178, 179,187 and 194,
of the Resolution. Developer further understands and agrees that
the some of the provisions herein may be required to be performed
OT accomplished prior to the approval of other final maps for the
Project, as may be appropriate.
20. Previous Agreement. It is the intent of the parties
that this San Miguel Ranch Planning Area "F" Supplemental
Subdivision Improvement Agreement - with Trimark Pacific-Ventana,
LLC, a California Limited Liability Company shall not supersede
the Previous Agreement. The terms and conditions of the Previous
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Agreement remain in full force and effect concerning the Project.
21. Recording. This Ag';reement, or an abstract hereof sh~}l
be recorded simultaneously with the recordation of the Final Map.
22. Building Pe=its. Developer and Guest Builders
acknowledge and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
dete.cmined by the City to be in breach of any of the terms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
23. Assignablity. Upon request of the developer, any or
all on-site duties and obligations set forth herein may be
assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment
will not adversely affect the City's interest. The City Manager
in his/her sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest
in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for
security as set forth elsewhere in this agreement. Such
assignment will be in a form approved by the City Attorney.
24. Implement Previously Adopted Conditions of Approval
Pertinent to Project. The Project shall comply, remaln In
compliance, and implement the terms, conditions, and provisions,
as City determines are applicable to the Property which is the
subject matter of this Ag.reement, of 1) San Miguel Ranch
Tentative Tract Map (CVT 99-04), previously approved by City
Council Resolution No. 2000-068 on February 29, 2000, 2)
Resolution No. 2001-453 and 3) San Miguel Ranch Phase I, II, and
IV Final Map Supplemental Subdivision Improvement Agreement,
which was approved by Resolu~on No. 2001-259 on August 7, 200l.
25. 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.
13
'.-
1/3/
CITY OF CHULA:i, VISTA -.
276 Fourth Avenue
Chula Vista, CA. 9l910
Attn: Director of Public Works
Developer:
Trimark Pacific-Ventana, LLC, a California
Limited Liability Company
613 West Valley Parkway, Suite 200
Escondido, California 92025
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any
other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that bpth parties participated equally in
the preparation and/or drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth
above and Attachments hereto are incorporated by reference into
this Agreement.
f. Attorneys' Fe.as. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
14
"
r. '3;).
--...-...-.-.. '--"'------"
[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "F"c
F-INAL MAP] .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney -
~-
[NEXT PAGE IS PAGE TWO OF SIGNn'URE PAGES]
15
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q3 -:2
/ .....,'
[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH PLANNING AREA "Fu:
F;[NAL MAP]
DEVELOPERS/OWNERS:
Trimark Pacific - Ventana, LLC, a California ~
Limited liability company
By: TPH, LLC, a California limited liability
Company, managing member
By: Trimark Ventures, Inc., a California
:;~'~ ~
Stephen E. Hester, Executive Vice President
/1 ~£f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
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I Vì ò+ctv ~ \ ',,--
I ",.
I, personally appeared ,..., " 'g'OII')
I , ;;:;;¿;:~naIlY known to me
~.' CJ proved to me on the basis of satisfactory
\()! evidence
~ . - - - - . . . - - -I " ~ .. ,."~". "'m..,-í-
!¡j .' J. WARD subscribed to the within instrument and
§,.:¡ J~ CII8IIIIIIIan# 1412465 acknowledged to me that he/she7'fl1ëÿë"xecuted
~' ~.... 1lall8yP\dc.CaIIomIa the same in his/~~~thorized
, .' OaIgeCounlV d capacity~ and that by hislAeT711íéir
MrCiMllL"",I\pr30. signature(oron the instrument the perso.aisr:or
~ j - - - - - - - - - - - the entity upon behaif of which the person(S¡-
§, acted, executed the instrument.
~ my hand i seal..~r
~ r M¿;r
~ 5'g""""",," P,b'" .,
~.' ~.,!
~ ~
~ OPT/ONAL ~
~ Though the infonnaÜon betow is not requi,.d by law, it may prove valuable to persons retying on the documenl and could wevent ~
~ I,.udulent removal and reaffachment 01 this Imm to another document. ~
~~".: Description of Attached Document ~.'..
I ~
'.' TItle or Type of Document: ~
~ Document Date: Number of Pages: ~
~ ~
~ Signer(s) Other Than Named Above: I~
~ Capacity(ies) Claimed by Signer;
@ Signer's Name: . ,.. ,
g individual Top o"oomb hOle ~
~ [J Corporate Officer - TItie(s): ~
~ Q Partner - [J Limited C Generai ,I
i{, C Attorney-in.Fact 'I
~ C Trustee I
I ' [J Guardian or Conservator
C Other:
Signer Is Representing:
. """"",1 """A,="'o"9350 " Solo A" , po ", 24{)2'Ch"'WOhh, CA"""2"2'~"lioo"OOIo".o. Pmd" 5907 R~.OI C,IITol.FIM "'00.876-66"
CJ/3£
ATTACHMENT "A"
,
LEGAL DESC~IPTION OF PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORINA, COUNTY OF SAN DIEGO, AND IS DESCREIBED AS FOLLOWS:
LOT I OF CHULA VISTA TRACT NO. 99-04 PHASES 1, 2, & 4 "Au MAP NO.
1, ACCORDING TO MAP THEREOF NO. 14261, IN THE CITY OF CHULA
VISTA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 21,
2001.
-
---
17
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q,3Þ
ATTACHMENT "B"
, -.
BOND EXHIBIT
o.
merlcan
3SM04985100 $875,000.00 Motorists FAITHFUL SIGNALS,
Insurance PERFORMANCE PHASES I,ll
Company & IV
merlcan
3SM04985100 $875,000.00 Motorists LABOR & SIGNALS,
Insurance MATERIALS PHASES I,ll
Company & IV
-
J, \Engineer\LANDDEV\Projects\san Miguel Ranch\Neighborhood F\SanMiguel F Map-SSIA.doc
18
.-
q..3'7
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT, BETWEEN NNP TRIMARK SAN MIGUEL RANCH, LLC,
AND CITY REGARDING MAINTENANCE OF PRIVATE OPEN SPACE
AND FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the grant of easements and maintenance agreement sets forth the master
developer's obligation to maintain landscaping in the public right of way; and
WHEREAS, the obligation will be assigned to the Master Homeowner's Association
(MHOA) after the landscaping has been established and tumed over to the MHOA to
maintain; and
WHEREAS, there is no community facilities district for maintenance within San Miguel
Ranch, therefore, the Home Owners Association (HOA) is responsible for all
maintenance; and
WHEREAS, the agreement also grants non-City crews pennission to maintain parkways
in the public right of way and stonn drain inlets equipped with water quality facilities;
and
WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of
the aforementioned private improvemcnts and recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Chula
Vista does hereby approve the Grant of Easements and Maintenance Agreement, between
NNP Trimark San Migucl Ranch, LLC, a Califomia Limited Liability Company,
regarding maintenance of private open spacc and faci lities within the right of way of
Chula Vista Tract No. 99-04, San Miguel Ranch Planning Area "F", a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula
Vista.
Presented by Approved as to fonn by
coO,
M gJv~ ~
Jack Griffin Ann W?
Director of General Services City Attorney
J.Attomcy\R""ISIAIRc>,,-F3
. 1 3K
_..-
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ó) )r1w
_-12 m~ . ."7-
n Moore
City Attorney
Dated: I~&-o'l
Grant of Easements and Maintenance Agreement
For Chula Vista Tract No. 99-04, San Miguel Ranch
San Miguel Ranch Planning Area "F" between the City of Chula Vista
And NNP-Trimark San Miguel Ranch, LLC
q-~ì
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH, SAN MIGUEL RANCH PLANNING AREA "F"
Map No
(DEDICA TED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is
made as of , 2003, by and between the CITY OF CHULA VISTA, a
municipal corporation ("City"), and NNP- TRIMARK SAN MIGUEL RANCH, LLC, a Delaware
limited liability company ("NNP").
RECITALS
A. This Agreement concerns and affects certain improvements with portions ofthe real
property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto
and incorporated herein ("Property"). The Property is part ofa planned residential development project
commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being the subject ofthe City
Council Resolution No. 2001-261 (the "City Resolution"). For purposes ofthis Agreement, the tenn
"Project" shall refer to the overall San Miguel Ranch project, including, but not limited to the "Property."
B. NNP is the Declarant under that certain Master Declaration of Restrictions For San
Miguel Ranch Master Association filed for record in the Official Records of San Diego County,
California (the "Master Declaration"). The Master Declaration provides for SAN MIGUEL RANCH
10/15/03 -1- 065550-0003238205.1
"r LfD
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MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA'") to maintain
certain areas in the Project. Furthennore, one or more sub-associations may be fonned ("SHOA")
for a particular project(s) within San Miguel Ranch, the purposes of which would include the
maintenance of certain amenities within the project over which the SHOA has jurisdiction.
e. The Property is or will become covered by the final map(s) (the "Final Maps") described
on Exhibit" A" attached hereto and referenced in the title to this Agreement.
D. In order for NNP to obtain the Final Maps and for the City to have assurance that the
maintenance of certain areas within the Project would be provided for, the City and NNP entered into
a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which NNP
agreed that maintenance of such areas shall be accomplished by the creation of a home owners
association. The Parcels shown on Exhibit "B" and Exhibit "D" attached hereto describe those
particular areas which were dedicated to the public on one or more of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to NNP easements for landscape maintenance purposes upon,
over and across the MHOA Maintained Public Areas as shown on Exhibits "B" and "D" in order
to facilitate the obligations ofNNP as set forth in Supplemental Subdivision Improvement Agreements,
adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the parties
agree as set forth below.
I. Grant of Easements. The City hereby grants to NNP and its agents, successors and
assigns, the following easements over the MHOA Maintained Public Areas: Non-exclusive easements
and rights-of-way over and across all Parcels described on Exhibit" A" for the purpose ofmaintaining,
repairing and replacing the following: the landscaping within portions of parkways in A venidaBelterra,
Corte Anacapa and Plaza Palmera as shown and described on Exhibit "B" attached hereto; and the
stonn water filtration devices within Plaza Palmera, Corte Anacapa and A venida Belterra as shown
on Exhibit "D" attached hereto.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 13(1) below.
2. Maintenance Responsibilities.
(a) NNP to Initially Maintain. NNP hereby covenants and agrees, at its so1èé~-
and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced,
those improvements within the MHOA Maintained Public Areas which are described on Exhibit
"C" attached hereto, at a level equal to or better than the level of maintenance set forth in
10/15/03 -2- 065550-0003238205.1
if!
------- _.--
the Section of the Master Declaration entitled "Level of Landscape Maintenance". Forpurposes
of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair
and replacement obligations described herein and on Exhibit "C" hereto and shall also include
repair and replacement at no cost to the City of any City owned property that is damaged during
performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C"
also refers to the maintenance responsibilities of City.
(b) Transfer to MHOA. Upon NNP's transfer of maintenance obligations to the
MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and
(ii) subject to the City determining that the requirements of Paragraph 3 below have been
satisfied, NNP shall be released fÌom such obligation. Transfer of maintenance obligations
to the MHOA may be phased (that is, there may be multiple transfers).
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA
shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released fÌom the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, NNP does not believe
it is likely that Maintenance obligations will be transferred to an apartment owner.
3. Assi!!nment by NNP and Release of NNP
(a) Assignment Upon NNP's transfer of the Maintenance obligations to the MHOA,
it is intended by the parties that the MHOA shall perform the Maintenance obligations either
itself or by contractors. Such transfer will release NNP fÌom its obligations only if all of the
following occur:
(i) MHOAAccepts Obli!!ation. TheMHOA has unconditionally accepted
and assumed all ofNNP's obligations under this Agreement in writing, such assignment
provides that the burden ofthis Agreement remains a covenant rurming with the land,
and the assignee expressly assumes the obligations ofNNP under this Agreement. The
assignment shall also have been approved by the appropriate governing body of the
MHOA by resolution or sirnilarproceduralmethod and approved as to form and content
by the City Attorney. The City shall not unreasonably withhold its consent to such
assIgnment.
- -- -.
(ii) MHOA's Master Declaration. The City has reviewed and approved the
MHOA's recorded Master Declaration to confirm that said document contains
appropriate maintenance, indemnity and insurance provisions. The City hereby
10115/03 -3. 065550.0003238205.1
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acknowledges that it has so approved the Master Declaration. This condition "(ii)"
will apply to any further amendments which require City's consent pursuant to
provisions of the Master Declaration or which would be contrary to the terms ofthis
Agreement.
(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all ofNNP's landscape maintenance bonds, a policy of public liability insurance ,'.'hich
at least meets the requirements of Section 5.1 (a) ofthe Master Declaration which reads
as follows:
"(a) General Liability Insurance. The Master
Association shall obtain a comprehensive general
liability and property damage insurance policy insuring
the Master Association and the Owners against liability
incident to ownership or use of the Master Association
Property. The limits of such insurance shall not be less
than $3 Million covering all claims for death, personal
injury and property damage arising out of a single
occurrence. The insurer issuing such insurance shall
have rating by A.M. Best of "A, Class V" or better with
no modified occurrences and as admitted by Best's
Insurance Guide. Such insurance shall include the
following additional provisions provided they are
available on a commercially reasonable basis:
(i) The City of Chula Vista shall be
named as an additionally insured party to such insurance
pursuant to the City's requirements the Master
Association do so;
(ii) The policy shall not contain a cross-
suit exclusion clause which would abrogate coverage
should litigation ensue between insureds;
(iii) The policy shall contain the
following severability clause (or language which is
substantially the same): "'The coverage shall apply
- separately to each insured except with respect to the
limits ofliability'."
10/15/03 -4- 065550-0003238205.1
) I í Î
-/.. '-1$
"","---- -.-.---- ----_.-----
The MHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, NNP
shall be released from its obligations under this Agreement, including its security and insurance
requirements. NNP acknowledges that it has a contractual obligation to perform the terms
and conditions of this Agreement until and unless released by the City from this Agreement.
At least sixty (60) days prior to such transfer, NNP shall give a notice to the City ofNNP's
intent to transfer its Maintenance obligations herein and provide the City with the appropriate
documents listed in Paragraph 3(a).
4. Assi!!nment by MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA from its
obligations only if all of the following occur:
(i) Transferee Accepts Obligation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations ofthe MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA by resolution or similar
procedural method and approved as to form and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confiill1 that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (Hi) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released from its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice
to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
10115/03 -5- 065550-0003238205.1
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5. NNP's Insurance. Until such time as the MHOA has obtained the general liability
insurance required by Section 5.1 (a) of the Master Declaration, NNP hereby agrees to procure and
maintain a policy of comprehensive general liability insurance written on a per occurrence basis in
an amount not less than One Million Dollars ($1,000,000) combined single limit, at its sole cost and
expense.
6. Indemnity. NNP hereby indemnifies the City as set forth in Section 6.3 of the Master
Declarat:on, which reads as follows:
"6.3 Indemnity. The Declarant and Master Association, respectively,
shall indemnify and hold the City, its officers, agents and employees
hannless from any liability, cost or expense, including reasonably
incurred attorneys' fees, which result from the Declarant's or the Master
Association's respective failure to comply with the requirements ofthe
Section above entitled "Continuing Obligation To Maintain Certain
Public Areas". Neither the Declarant nor the Master Association shall
have any liability under this Section by reason of (i) the other party's
failure to maintain or (ii) any Transferee's failure to maintain. It is
specifically intended that the City shall have the right to enforce this
Section. This Section may not be amended without the written consent
of the City Planning Director or City Attorney."
7. Indemnity If Transferee. The document whereby the MHOA transfers a Maintenance
obligation to an SHOA or apartment owner shall be signed by both the MHOA and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indemnification provision:
Indemnity. The [Transferee's name] shall indemnify and hold the City, its
officers, agents and employees, hannless from any liability, cost or expense, including
reasonably incurred attorneys' fees, which result from the Transferee's failure to comply
with the requirements ofthe obligations transferred hereby to Transferee. Transferee
shall not have any liability under this Indemnity by reason of another party's failure
to maintain. It is specifically intended that the City shall have the right to enforce this
Indemnity. This Indemnity may not be amended without the written consent ofthe
City Planning Director or City Attorney.
8. A!!reement Aoolicable to SubseQuent Owners.
(a) Agreement Binding Upon Any Successive Parties. This Agreement shall
be binding upon NNP and any successive Declarant under the Master Declaration. This
Agreement shall be binding upon MHOA and any Transferees upon transfer ofmaintenance
10115/03 -6- 065550.0003238205.1
q-...JS
obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit
of the successors, assigns and interests of the parties as to any or all ofthe Property.
(b) Agreement Runs With the Land. The burden ofthe covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties, public or private, in whose favor and for whose benefit such
covenants running with the land have been provided, without regard to whether the City has
been, remained or are owners of any particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and remedies and to maintain any
actions or suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this Agreement and the covenants may be
entitled.
9. Governinl!: Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
10. Effective Date. The tenns and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records ofthe San Diego County Recorder's Office.
11. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
12. Recordinl!:. The parties shall cause this Agreementto be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
13. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or pennitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
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.
.-----
10/15/03 -7- 065550-0003238205.1
Cf-4~
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IfTo City:
CITY OF CHULA VISTA
Department of Public WorkslEngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
IfTo NNP:
NNP-TRIMARK SAN MIGUEL RANCH, LLC
The San Miguel Ranch Company
85 Argonaut, Suite 205
Aliso Viejo, CA 92656
Attn: Mr. Stephen E. Hester
(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 tenns.
(c) Entire Agreement. This Agreement, together with any other written document
refeITed to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the perfonnance of its obligations under this
Agreement, NNP, its agents and employees, shall comply with any and all applicable federal,
state and local rules, regulations, ordinances, policies, pennits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby waITants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, tenninated orrescinded,
in whole or in part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
10115/03 -8- 065550.0003238205.1
I 1
- --~---
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shaH not be affected thereby and each term, covenant
or condition shaH be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted th:s Agreement.
It shall be conciusiveiypresumed that both parties participated equaHy in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
1 NNP- TRIMARK SAN MIGUEL RANCH, ilL., DoI,w~-;f>
limited liability company
~; ~ ~-~~
By/, ~~AAa~
~ 'IIœ PftIllident an';
Chief FInancIal Officer
10/15/03 -9- 065550-0003238205.1
) ¡¡g
._--
STATE OF CALIFORNIA )
DY"'-"'~ ) ss.
COUNTY OF-:sAI~ lJtL )
On III \7-¡ ¡oJ; ,~,beforeme, ~ . WOvvL
Notary Public in and for said State, personally appeared J~ yN ",c,. *~
personally known to me (Of ¡mJ"8à te ~p "n thp "aÐiBef-smîStactory evldeï'!t'e) to be the perso~
whose name~s/¡¡¡;:(subscribed to the within instrument and acknowledged to me that he/Bhdrtre"ý
executed the same in his/herftlrefr authorized capacity(,ieSJ, and that by his~signature(BYon
the instrument, the persol)(8J,or the entity upon behalf of which the person(st-acted, executed the
instrument.
WITNESS my hand and official seal.
Signatu~ rrvl1A-~ J. WARD
. CornmIIIIaII" 1412465
NaIaIY NIle . CcIIIOmb (Seal)
0Iang8 COI8IIy
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
OnD,,¿,1 \ \ ,200 3, before me, IJ., A lvi, I (-ere
Notary Public in and lor said State, personally appeared James H. McLennan
-
personally known to me (ru- prmTPd to m<>. GH tag Þa&i~acto~id~l1Ç.e)-to be the person{Bf'
whose nameJsJ'is/~ubscribed to the within instrument and acknowledged to me that he/§Þe1W
executed the same in hislþé'dt~uthorized capacity~and that by his~~signature!*ðn
the instrument, the pers~ or the entity upon behalf of which the person~ted, executed the
mstrument.
~ - - - - - - M~A~MI~; - - ~
WITNESS my hand and official seal. , Commission # 1418520
~. Notary Public - CaUlomla ~
~. . San Diego County ~
7f -' - - ~y:o,:m,-~8S~1~2~7
(Seal)
Signature ,. ,Ci- 17.4~
10/15/03 -10- 065550-0003238205.1
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EXHIBIT "A"
Lel!:al Description
Parcel A:
Portions of Corte Anacapa as dedicated for public useon CHULA VISTA TRACT NO. 99-04 SAN
MIGUEL RANCH, PLANNING AREA "F" according to Map thereof No. , filed with
the County Recorder of San Diego County on ,2003.
ParceIA-1:
Portions of Avenida Belterra as dedicated for public use on CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH, PLANNING AREA "F" according to Map thereof No. , filed
with the County Recorder of San Diego County on , 2003.
Parcel A-2:
Portions of Plaza Palmera as dedicated for public use on CHULA VISTA TRACT NO. 99-04 SAN
MIGUEL RANCH, PLANNING AREA "F" according to Map thereof No. , filed with
the County Recorder of San Diego County on , 2003.
Inlet Filters:
The inlet filter located within Plaza Palmera as dedicated for public use on CHULA VISTA TRACT
NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "F" according to Map thereof No.
, filed with the County Recorder of San Diego County on ,2003.
The inlet filter located within Avenida Belterra as dedicated for public use on CHULA VISTA TRACT
NO. 99-04 SAN MIGUEL RANCH, PLANNING AREA "F" according to Map thereof No.
, filed with the County Recorder of San Diego County on ,2003.
10/15/03 065550.0003238205.1
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EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
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EXHIBIT "C"
Maintenance ResDonsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways shown on Exhibit Landscaping in parkways Maintenance of curb, gutter,
"B" including irrigation, trimming sidewalks and pavement.
and pruning of trees, and
maintenance and irrigation of
turf areas.
Inlet filter (Storm Drain Routine cleaning and None
Filtration Devices) shown on replacement when required of
Exhibit "D" the filtration devices
10115103 065550-0003238205.1
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EXHIBIT "D"
Plats Showing Storm Drain Filtration Devices To Be Privately Maintained
10/15/03 065550-0003238205.1
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LEGEND
~ INDICATES INLET FILTER APPROXIMATE
LOCATION
. HUNSAKER INLET FIL TER MAINTENANCE EXHIBIT
~ ¿~I~?~~~ YES PHASE 5 VENT ANA
PlANNING 10179 H_~ s.... CHUL4 VISTA TRACT NO. 99-04
'NQNEIRING Sono;,g.c..92111 SAN MIGUEL RANCH PL4NN/NG AREA "F"
SURYrnNG PH(858ls....soo. fXl858I5581414
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NO SCALE
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. HUNSAKER INLET FILTER MAINTENANCE EXHIBIT
~ "A~,~9~~~ YES PHASE 7 VENTANA
"-,"..NG lO"'_~S",,( CHULA VISTA TRACT NO. 99-04
,"aNEWNG "" ,,",~û92121 SAN MIGUEL RANCH PLANNING AREA "F"
SURVEY1NG PH(6")SS&4SOO. FX(6")5S6-1414
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COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 1/13/04
ITEM TITLE: Resolution Authorizing the San Diego Association of Governments
(SANDAG) to Claim and Appropriate City OfChula Vista Prior-Year
Unallocated Transportation Development Act (TDA) Article 4.0 funds in
the amount of$165,000 for the Acquisition ofa Mid-side, CNG Shuttle
Bus for the Nature Center
SUBMITTED BY: Di,œ'o, o"'obl:, W 00'" OP'rnbm~
REVIEWED BY: City Manage~~ (4/5ths Vote: Yes_No...x...l
The One-Hundred Sixty Five Thousand ($165,000) along with a One-Hundred Thirty Five
Thousand ($135,000) Air Pollution Control District (APCD) grant will be used to purchase a 30-
foot Medium-duty, Mid-size, Low-foot CNG bus to operate the Nature Center Shuttle.
RECOMMENDATION: That Council adopt a resolution authorizing SANDAG to claim, and
appropriate $165,000 from the City of Chula Vista Prior-year unallocated (TDA) funds,
contingent upon action from the SANDAG Board. Resolution would also accept ownership of
bus to become part of the general City vehicle fleet.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Nature Center Shuttle
On May 23, 2002 the Metropolitan Transit Development Board (MTDB) made a policy decision
to eliminate the subsidy to Non-Transit Services. These are services that cater to niche markets
and are not tied to the regional transit network. MTD Board's decision was conveyed to Council
during the Fiscal Year 03 Budget Workshop and on February 11,2003 as part of Transit staffs
Chula Vista Transit (CVT) Operations and Funding Report. The CVT Nature Center Shuttle
(NCS) (Route 708) tàlls into the category of Non-Transit Services. Due to the Nature Center's
restricted access, the City's transit System, CVT, has been providing transportation to the visitors
of the Nature Center. TDA funds and a small share of the entrance fees have been subsidizing
this service since the opening of the Nature Center. To avoid negative impacts on the service to
the Nature Center, MTDB staff developed a phase-out plan whereby the City would take over the
administrative and financial responsibilities of the NCS by FY 2005. The following is the phase-
out plan developed by MTDB staff:
r I
Page2,Item~
Meeting Date 1/13/04
FY 2003 FY 2004** FY 2005**
MTDB CV MTDB CV MTDB CV
Administration X X X
Financial 85% 15% 50% 50% 0% 100%
Estimated Subsidy $62,002 $10,900 $37,470 $37,470 $0 $78,986
Actual Subsidv $53,937* $9518*
*Actual ** Estimate
The future funding of the NCS would likely be achieved through both an increase in NC visitor
fares as well as additional General Fund support. Final decision will rest with the Council per
recommendation of the Nature Center Director.
As part of the MTDB's Nature Center Shuttle divestiture plan, MTDB staff was to pursue
funding for an alternative fueled bus with the City proving the funding balance using its Prior-
year TDA unallocated funds. APCD has awarded MTDB a $135,000 grant to be used for the
purchase of a CNG bus for the Nature Center. Additionally, Transit staff will also be transferring
one or two of the City Trolley buses to operate as spares for the Nature Center Shuttle.
On April 24, 2003 the MTD Board executed an agreement to purchase seven (7) medium-duty,
CNG buses at an average cost of$300,000 each. The Nature Center Shuttle bus is part of this
procurement contingent upon availability and receipt of funds.
Funding Summary
Bus Purchase:
Nature Center Shuttle Bus
30-foot Low-floor CNG Bus
Cost:
Medium-Dutv CNG Bus $300,000
Revenues:
APCD Grant $135,000
Citv's Unallocated TDA Funds $165,000
Balance $0
I¿ "C,;....
Page3,Item~
Meeting Date 1/13/04
TDA Prior-year Unallocated Funds
Un allocated TDA Funds Snendin!!: Plan
Proposed
Total Funds Available Yr. Snent
Unallocated TDA Reserves $868,123
CaDi tal Reserve Account - Southwestern Colle2:e Drivewav UolITades $50,000 FY 04
Subtotal TDA Reserves $918,123
Unanticinated FY 04 Pre-Consolidation Credits:
Insurance Settlement $4,476
Fare Countin2: Eauioment Refund $153
Sale ofCitv Owned Buses $8,357
Diesel Tax Refund $69,168
Subtotal FY 04 Credits $82 154
Total TDA Funds Available $1,000,277
Pronosed Snendinp Plan:
Committed Projects
Nature Center Shuttle Bus Match $165,000 FY 04
Southwestern Colle2:e Drivewav UOlITade $100,000 FY 04
Subtotal Committed Projects $265.000
Pronosed Creation of Canital Reserve Accounts:
.:. Radio Antenna and Reneater Renlacement $50,000 N/A
.:. Liabilitv Claim Reserve $350,000 N/ A
.:. CNG Fuehn2: Station UO2:rades/ReDairs $335,277 N/A
Subtotal Pro nosed Reserve Accounts $735 277
Total Snendinp Plan $1,000,277
FISCAL IMPACT: CVT operations and capital programming contains no City ofChula Vista
General Fund contribution. A total of $165,000 would come from the City's prior-year
unallocated TDA fund reserves. An estimated balance of$835,277 would remain under the
control ofthe City.
File: DS-O22/036
C:\AndyTIMyFilesIDAT NWPDOCSIA113'S\AI13 Nature Center Shuttle Busjrc rev.doc
/....
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) TO CLAIM AND APPROPRIATE CITY
OF CHULA VISTA PRIOR-YEAR UNALLOCATED
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0
FUNDS IN THE AMOUNT OF $165,000 FOR THE ACQUISITION OF
A MID-SIDE, CNG SHUTTLE BUS FOR THE NATURE CENTER
WHEREAS, on May 23, 2002 the Metropolitan Transit Development Board
(MTDB) made a policy decision to eJiminate its subsidization of Non- Transit Services,
one of which is Chula Vista Transit's Nature Center shuttle; and
WHEREAS, to avoid negative impacts on the service to the Nature Center,
MTDB staff developed a phase-out plan whereby the City would take over the
administrative and financial responsibilities of the Nature Center shuttle by FY 2005; and
WHEREAS, the trolleys currently being used to transport Nature Center visitors
from its parking lot to the main facility are becoming obsolete and are powered by diesel
engines; and
WHEREAS, the City wishes to repJace the trolleys with a 30-foot medium-duty,
mid-size, low-foot CNG (compressed natural gas) bus that will greatly reduce the air
pollution and the expensive maintenance costs associated with the older trolleys; and
WHEREAS, the Air Pollution Control District has awarded MTDB a $135,000
grant to be used for the purchase of a CNG bus for the Nature Center; and
WHEREAS, SANDAG needs authorization from the City of Chula Vista to claim
and appropriate the City's prior-year unallocated Transportation Development Act
Article 4.0 funds in the amount of $165,000 to pay for the balance of the bus acquisition
costs (total of$300,000); and
WHEREAS, after purchasing the bus, MTDB will transfer ownership of it to the
City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula
Vista does hereby approve the claim and appropriation of prior year unallocated
Transportation Development Act (TDA) Article 4.0 funds in the amount of$165,000 for
the acquisition of a CNG bus to operate the Nature Center Shuttle.
/() if
.-.----------"-------
BE IT FURTHER RESOLVED that after the bus is purchased by MTDB, the City
ofChula Vista hereby agrees to accept ownership of the bus, which shall become part of
the general City vehicle fleet.
Presented by Approved as to form by
D 0--- "(. t+~.-.
Dave Byers Ann Moore
Director of Public Works City Attorney
,r..
......)
CITY COUNCIL AGENDA STATEMENT
Item:Jt-
Meeting Date: 1/13/04
ITEM TITLED: RESOLUTION: of the City Council of the City of Chula Vista
appropriating $250,000.00 for the construction of a traffic signal, parking lot,
trail, and drainage improvements from the available balance of the General
Fund Reserve, and $225,000.00 from the available balance of the SL TPP
Transportation Partnership Funds, and $75,000.00 ITom the available balance
of the Traffic Signal Funds for a traffic signal and associated improvements,
needed for the Bonita Branch County Library and Historical Museum / Public
Safety Center and establishing a new capital improvement project titled
"Bonita Library Improvements" (GG-184).
SUBMITTED BY: Director of General services~}I>r . ~
Director of Planning and Bui ding
REVIEWED BY: ¿j/¿
City Manager fr! Q<" (4/5ths Vote: Yes X No_)
On 12/16/03, the City Council, by a vote of 3-0-1-1, approved a Conditional Use Pennit and
conditionally approved, subject to future appropriation, the ground lease with the County of San
Diego for the Bonita Branch County Library and Historical Museum / Public Safety Center (see
Attachment A, 12/16/03, Item 14 Agenda Statement). However, a 4/5 ths vote ofthe City Council is
required to appropriate funds. Since the necessary four votes could not be cast, the appropriation of
funds was continued to this date. As ofthe date ofthis report, no additional progress has been made
on the negotiations between the City and the Bonita Centre, LLC, owners of the Shopping Center
south of the project site, regarding the agreement to construct the traffic signal and associated
improvements related to the construction ofthe Library. A report on the status ofthese negotiations
will be presented at the meeting.
ENVIRONMENTAL IMPACT:
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has detennined that the proposed project was
adequately covered in the previously adopted Mitigated Negative Declaration for the Bonita/Sunnyside
Brach Library, Project Number KL9540 (adopted December 9, 2003, by the County of San Diego
Board of Supervisors, the lead agency for this project under CEQA). Thus, no further environmental
review or documentation is necessary (see Attachment A, 12/16/03 Item 14 Agenda Statement, page
14-13).
RECOMMENDATION:
Adopt the attached Resolution approving the appropriation of $250,000.00 from the available
balance of the City General Fund Reserve for the cost of constructing a traffic signal, parking lot, a
jogging/equestrian trail, and drainage improvements, and $225,000.00 ITom the available balance of
the SL TPP Transportation Partnership Fund, and $75,000.00 ITom the available balance of the
11- I
--_.
Page No.2, Item:Jl
Meeting Date: 1/13/04
Traffic Signal Fund, toward the cost ofthe traffic signal and associated improvements required by
the previously-approved lease agreement between the City and County.
DISCUSSION:
Improvements:
Concurrent with construction ofthe project, the City and County have agreed to close offthe current
access drive to the golf course from Bonita Road, and provide a new traffic signal and driveway. It
will be constructed approximately 125 feet west of the existing driveway, and be shared by the
library and the Chula Vista Municipal Golf Course. The driveway will be aligned with the existing
access to the Bonita Centre located across Bonita Road. The current access will be replaced with
new curb, gutter and pavement improvements, and will be re-striped to provide additional parking
for the golf course. The new signalized driveway will improve operation of the intersection by
providing controlled vehicle and pedestrian access to the site, which will ensure that auto and
pedestrian traffic flows smoothly in an out of the site.
Also proposed is a realigned pedestrian/equestrian trail connection and related drainage
improvements for the trail. In addition. the City and County have agreed to pave and provide an
overflow parking for the golf course and trail users located on the 55,995 square foot city-owned lot
east of the library. This parking lot is estimated to provide 130 improved spaces, which would be
used for overflow parking for the golf course and trail users. All the improvements will be
constructed by the County, but the City is responsible for financing the cost and ongoing
maintenance ofthe overflow parking lot, traffic signal, trail connection, and drainage improvements.
Funding:
Presented this evening for Council consideration is a request for approval the appropriation of
$250,000.00 from the available balance of the General Fund Reserve for the cost of constructing the
traffic signal, parking lot, the jogging/equestrian trail connection, and drainage improvements
related to the branch library; and appropriation of $225,000.00 from the available balance of the
SLTPP Transportation Partnership Fund, and $75,000.00 from the available balance of the Traffic
Signal Fund, toward the cost of a traffic signal and associated improvements required by the lease
agreement between the City and County. A new capital improvement project, titled "Bonita Library
Improvements" with a project number ofGG-184 will be created to accomplish this project.
Due to issues beyond staffs control the agreement between the City and Bonita Centre, LLC could
not be finalized prior to the date of this report. Representatives of the Bonita Centre, LLC have
agreed in concept to fund up to $75,000 for the traffic signal improvements. Staff has been
negotiating an agreement to memorialize the Centre's commitment. Staff will provide an oral report
at the Council meeting on progress to finalize this agreement. The Traffic Signal Agreement will be
brought back for Council action at a future date.
/1-)
Page No.3, Item:Jl
Meeting Date: 1/13/04
CONCLUSION:
To enable construction ofthe Bonita Branch County Library and Historical Museum/Public Safety
Center, staff recommends adoption of the attached resolution approving funding for the
improvements required by the conditionally approved lease agreement with the County.
FISCAL IMPACT:
Construction and operation costs for the Bonita Branch County Library and Historical
MuseumIPublic Safety Center will be the responsibility of the County. Costs for certain required
improvements and maintenance are specified in the lease agreement with the Applicant. The City
will incur costs of approximately $250,000.00 for the cost of constructing the traffic signal, overflow
parking lot, the jogging/equestrian trail connection, and drainage improvements. The City will also
contribute $225,000.00 in SL TPP Transportation Partnership Funds and $75,000.00 in Traffic Signal
Funds toward the cost of a traffic signal at the main driveway to the library and associated
improvements. The $300,000.00 appropriation will fully fund the traffic signal and associated
improvements until such time as the Traffic Signal Improvement Agreement is finalized and funded
by the Bonita Centre, LLC. Upon receipt of funds from the Bonita Centre, LLC, the SL TPP
Transportation Partnership Fund will be reimbursed. There are currently available un-appropriated
monies in both funds to meet the costs. A new capital improvement project, titled "Bonita Library
Improvements" with a project number ofGG-184 will be created to accomplish this project.
ATTACHMENTS:
A 12/16/03 Item 14 Agenda Statement
(h, Ip 1 ann ;nglr;e hard,IBoni taLibcaryf und-emparl- due)
!I~3
----------_.-
SWEETWATER
REGIONAL
PARK
CHULA VISTA
MUNICIPAL
GOLF COURSE
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
ø APPLICANT, BONITA/SUNNYSIDE CONDITIONAL USE PERMIT
8RANCH LIBRARY
PRg~~CT Vacant lot west of the Chula Vista Request: Proposing: New County of San Diego Branch Library
AD Ss: Municipal Golf Course clubhouse with community meeting room and local history musem.
SCALE, I FILE NUMBER: Locato r
NORTH No Scaie PCC-O4-027
j:\cherylcliocators\locators04\pcc04027 .cdr 11.26.03 /I-I-j
CITY COUNCIL AGENDA STATEMENT
Item:--1:::L
Meeting Date: 12116/03
ITEM TITLED: PUBLIC HEARING: Consideration of a Conditional Use Permit to allow
the construction and operation of the Bonita Branch County Library and
Historical Museum /Public Safety Center, located on the north side of Bonita
Road, west of the Chula Vista Municipal Golf Course Clubhouse.
RESOLUTION: approving an agreement between the CityofChula Vista
and County of San Diego for the lease of approximately 1.55 acres ofland for
the construction and operation of the Bonita Branch County Library and
Historical Museum / Public Safety Center, and appropriate funds therefore.
RESOLUTION: approving an agreement between the City ofChula Vista
and Bonita Center, LLC, regarding construction of improvements related to
the Bonita Branch County Library and Historical Museum / Public Safety
Center, and appropriate funds therefore. .
RESOLUTION: granting a Conditional Use Permit to allow construction
and operation ofthe Bonita Branch County Library and Historical Museum
/ Public Safety Center, located on the north side of Bonita Road, west ofthe
Cho" VI", Moold", Golf coornflro~'
SUBMITTED BY: Director ofPla<:) and Building.
REVIEWED BY:
City Manager (4/5ths Vote: Yes _X- No-1
(Resolutions A and B)
The City currently owns a vacant parcel located on Bonita Road adjacent to and west ofChula Vista
Municipal Golf Course parking lot. (See Locator Map). The County approached the City with the
idea of leasing a portion of that vacant lot to construct the San Diego County Library - Bonita
Branch and Historical Museum/Public Safety Center. The City and County entered into a non-
binding LetterofIntent in March 2003 declaring their intention to pursue locating a branch County
library on this site.
Since March, staff has been working with the County to negotiate the tenns of the lease and process
the entitlements for the project. On December 9, 2003 the County Board of Supervisors approved the
ground lease agreement, the Mitigated Negative Declaration and authorized County staff to proceed
with negotiating professional design and engineering service contracts.
Presented this evening for Council consideration is the lease agreement between the City and County
and an agreement, in substantially final form, between the City and Bonita Centre, LLC providing
for a $75,000 contribution from the Bonita Centre, LLC to the cost of construction ofsome roadway
'4 f II _:5
7
.-- -'---..----'.-. . -.... . ..... -.-..
Page No. 2, Item:~
Meeting Date: 12/16/03
improvements and signalization at the realigned entrance to the City parcel, Chula Vista Municipal
Golf Course, and shopping center across the street.
The County of San Diego Department of General Services (Applicant) has submitted an application
requesting approval of a Conditional Use Pennit to construct and operate a branch public library and
community meeting room, a historical museum/public safety center, and an associated parking lot.
Because the proposed uses are classified as Public ( Quasi - Public and Museum uses, they require
approval ofaConditional Use Permit by the City Council pursuant to Section ]9.38.020(1) and Chapter
]9.45 of the Chula Vista Municipal Code.
ENVIRONMENTAL IMPACT:
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has detennined that the proposed project was
adequately covered in the previously adopted Mitigated Negative Declaration for the BonitafSunnyside
Brach Library, Project Number KL9540 (adopted December 9,2003, by the County of San Diego
Board of Supervisors, the lead agency for this project underCEQA). Thus, no further environmental
review or docwnentation is necessary (see Attachment B).
RECOMMENDATION:
Adopt the attached Resolution approving the proposed the ground lease between the City and
County, and appropriating funds therefore; the Traffic Signal Installation agreement, in substantially
final form, between the City and Bonita Centre, LLC and appropriating funds therefore; and the
Conditional Use Pennit in accordance with the findings and subject to the conditions contained
therein.
BOARDS AND COMMISSIONS RECOMMENDATION:
On December 10, 2003, the Planning Commission voted unanimously (6-0-1-0) to recommend
approval of this item.
PUBLIC INPUT:
Prior to filing ofthe Conditional Use Pennit application, the Applicant held a series offour public
meetings to obtain input from the community on the project. According to the Applicant, the public
gave input regarding the desired library services and accessory uses ofthe si te, such as the museum,
public meeting facility, and public safety center. Issues such as traffic, the pedestrian/equestrian trail,
and golf course parking were also discussed. In the Applicant's opinion, the project was well
received, and the community's input was helpful in detennining final uses and design for the project.
DISCUSSION:
t+-:ì- II-(P
_._----- ---.----- ._---.
Page No.3, Item: 14-
Meeting Date: 12/16/03
DISCUSSION:
Existing Site Characteristics:
The proposed library and historical museum will be located on a 65,883 square foot (1.55 acre)
portion of vacant City owned land located immediately adjacent to and west o£the Chula Vista
Municipal Golf Course at 4475 Bonita Road. The site is located on the north side of Bonita Road,
west ofthe existing golf course parking lot, and northwest of the intersection of Bonita Road and
atay Lakes Road (see Locator). The site is presently vacant, level and is used for overflow parking
for the golf course, and by trail users. Because of its proximity approximately 400 feet south of the
Sweetwater River, the property is located in the laO-year floodplain. The existing small, isolated,
low-quality wetland is located along the western edge of the site, and the 55,955 square foot vacant
portion of City-owned property located east of the library site are not a part of the area leased to
County (see Site plan, Attachment C-I).
Zoning and Land Use:
General Plan CV Municipal Code Existing Land Use
Zoning
SIIe Visitor Commercial Visitor Commercial Vacant
(CVP)
North Parks and Agricultural (AD) Municipal Golf
Recreation Course, existing
pedestrian trail
South Commercial Retail Central Commercial Von's commercial
(across Bonita Rd) (CCD) center
East Parks and Agricultural (AD) Golf CoUTse ParlOng
Recreation Lot
West Medium High Apartment Existing Apartments
Residential Residential (R-3GD)
(II-IS du/ac)
Project Description:
The County of San Diego Bonita/Sunnyside Branch Library and Historical Museum will include
two buildings on the same site. The branch library building will be 10,050 square feet in size, 1-
story, and 35 feet high, and will include an 8,000 square foot library and community meeting room.
The second building will include a 4,400 square foot museum and volunteer public safety center.
Outdoor areas include two outdoor patios to the rear of the library, and a 56 space parking lot and a
new driveway and traffic signal on the southeast side of the library. The project also includes wall
signage placed on a tower element and a monument sign at the entry to the site adjacent to Bonita
Road.
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Page No.4, Item:l!!::
Meeting Date: 12/16/03
Analysis:
Lease:
Pursuant to the Letter oflntent between the County and City, staffhas negotiated a long-tenn ground
lease for the site (Attachment D). The lease is for a tenn of 50 years, commencing January I, 2004,
with one 10-year extension option. The Lease requires the County to construct an approximately
10,000 square foot library (including 2000 square feet of community meeting space) and an
approximately 4,400 square foot museum (including 400 square feet of public safety space). The
County will pay annual rent of $1 and will be responsible for all utilities, services required for
operation ofthe facility, and all maintenance oftheir leasehold. The lease also includes indemnity
and insurance provisions to protect the City against all claims including those resulting fiom the
proximity of the facility to the Chula Vista Municipal Golf Course.
Conditional Use Pennit:
The library and museum will operate 7 days a week. The hours of operation ofthe library will be
limited to Mondays through Fridays, lOam to 9 pm, and Saturdays and Sundays, 9 am to 5 pm. The
Community Room and Museum public spaces hours of operation shall be limited to Mondays
through Fridays, lOam to 10 pm, and Saturdays and Sundays 9 am to 10 pm.
There will typically be 6- 7 library employees and 1-3 museum employees on duty at one time, for a
maximum of 10 employees working at one time. The hours of operation are similar to adjacent
commercial and recreational uses. Most ofthe library's active areas such as the entry, parking lot and
children's patio will be located on the east side of the site and screened fiom adjacent residential
area. Thus, the library use will be compatible with those of the adjacent uses.
Access:
The site location is desirable for provision of public services because the site is in a highly
visible and~onveniently accessible location near the intersection of Bonita Road and Otay Lakes
Road, which is one of the main intersections in the area.
A traffic study was perfonned by the applicant, which showed that the project generates a total of
565 average daily automobile trips (ADT), including 29 inbound and 29 outbound trips during the
peak afternoon (P.M.) hour. The traffic generation is low enough that addition of the project traffic
does not alter the perfonnance of Bonita Road or other adjacent streets, and therefore no significant
traffic impact was identified.
ConculTent with construction ofthe proj ect, the City and County have agreed to close offthe CUITent
access drive to the golf course fiom Bonita Road, and provide a new, signalized driveway, which
will be constructed approximately 125 feet west of the existing driveway, and will align with the
existing access to the shopping center across Bonita Road. The current access will be replaced with
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Page No.5, Item:J5-
Meeting Date: 12/16/03
new curb, gutter and pavement improvements. It will be re-striped to provide additional parking for
the golf course. The new signalized driveway will improve operation of the intersection by providing
controlled vehicle and pedestrian access to the site, which will ensure that auto and pedestrian traffic
flows smoothly in an out of the site. Although it is not a part of the Library project, also proposed is
a realigned pedestrian/equestrian trail connection for the existing trail. All the improvements will be
constructed by the County, but the City is responsible for financing the cost and ongoing
maintenance of the traffic signal, trail connection, and related drainage improvements.
Staff has had on-going discussions with both American Golf Corporation, the operator of the Golf
Course, and the Bonita Centre, LLC, the owners of the Von's Shopping Center, regarding
construction of the new driveway, parking lot and traffic signal. American Golfhas consented to the
modification of the access drive and re-striping of the existing driveway and has offered their
assistance with screening issues. American Golf has recently expressed a desire to be actively
involved in the project and has offered their assistance in different aspects of the project (see
Attachment F). American Golf will be meeting with City and County staff to discuss
screening/netting to protect ftom errant golf balls, indemnification issues, and drainage issues.
The Traffic Signal Installation agreement between the City and Bonita Centre, LLC (see Attachment
E) when finalized will memorialize the Centre's commitment to provide $75,000 towards the cost of
improving and signalizing the intersection. Due to issues beyond staff's control the agreement could
not be finalized prior to distribution of this agenda statement. Staffwill provide an oral report to the
Council meeting on progress to finalize this agreement.
Parking:
The City does not utilize specific parking standards for libraries and museums, instead requiring that
parking standards for these uses be established by the Conditional Use Pennit or Site Plan approval.
Therefore, the County parking standards were utilized, resulting in 56 on-site parking spaces, at a
ratio of I space per 255 squàre feet. This exceeds the amount of parking provided for other recently
constructed County libraries.
Although not a part of the library site covered by the Conditional Use Permit, the City and County
have agreed to pave and provide access to a 55,995 square foot overflow parking lot east of the
library, between the golf course parking lot and the library. This parking lot is estimated to provide
130 improved spaces, which would be used for overflow parking for the golf course and trail users.
The Library and Musewn have been strategically located at the west end of the parcel to ensure that
the existing golf course facility and future uses ofthe remaining vacant land owned by the City can
be master planned to function cohesively in the future.
Grading and Drainage:
The project's conceptual grading plan indicates that deposition of 24,000 cubic yards of fill will be
needed to elevate the site 2 feet above the I OO-year floodplain to create aflood-ftee site. Submittal of
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Page No.6, Item: 1..1-
Meeting Date: 12/16/03
a detailed grading plan, and compliance with the regional N.P.D.E.S. permit, are required as a
conditions of approval of the project. Approval of a detailed grading plan will ensure that the site
will drain properly, that potential flooding will not significantly impact the project or downstream
improvements, and that maintenance of the drainage facilities will be provided. The City has agreed
to contribute funds towards the construction of drainage improvements.
An existing 2,780 square foot isolated, low-quality wetland is located along the western edge of the
library site. To accommodate construction of the library and museum, a small portion of the wetland
would be displaced, the remaining undisturbed wetland would be enhanced, and new, additional
wetlands would be provided. The resulting wetland area will be a total oD, 124 square feet in size, a
net gain of 344 square feet. The preparation of a wetlands restoration and revegetation plan to the
satisfaction of the California Department of Fish and Game, in conjunction with the Streambed
Alteration Agreement, are required by the Mitigated Negative Declaration.
Architecture:
The project requires Design Review approval by the City Zoning Administrator. Approval is
pending completion of the Conditional Use Permit process. Safety improvements such as walls,
window screens, and building projections have been built into the project to minimize potential
safety impacts from the project's adjacency to the golf course.
The project has been reviewed for compliance with the Chula Vista General Plan, Zoning and any
applicable codes and ordinances of the City. The library and museum arc pennitted in the Visitor
Commercial General Plan designation. Upon approval of a Conditional Use Permit, they are also
permitted in the Visitor Commercial zoning designation. Conditions of approval are included in the
resolution of approval, which ensure that the operation of the project will be in compliance with
applicable codes and ordinances, and will ensure that the project design and operation are
compatible with the surrounding land uses.
CONCLUSION:
This project will provide a significant landmark for the Bonita community. It is an attractive
building in a pleasant setting with a golf course as the back-drop. It is in an ideal location along
Bonita Road, because it is prominent, enabling a positive architectural statement for the community,
and convenient, providing easy access to the community. It is an important building because it will
provide a single destination at which the community will be able to access many different types of
essential information and public services, including library services and teclmology, educational
programs, historical and cultural infonnation, community events and meetings, and public safety
infonnation and services. For these reasons, staff recommends that the City Council approve the
long tenn lease of the property to the County and appropriate funds therefore; approve the Traffic
Signal Installation Agreement with the Bonita Centre, LLC and approve funds therefore; and grant
the Conditional Use Permit in accordance with the conditions listed in the attached draft City
Council Resolution.
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Page No.7, Item:l1::
Meeting Date: 12/16/03
FISCAL IMPACT:
The Applicant has paid the cost of processing this Conditional Use Pennit. Construction and
operation costs for the library project will also be the responsibility of the applicant. Costs for
certain required improvements and maintenance are specified in the lease agreement with the
Applicant. The City will incur costs of approximately $69,000.00 for grading, $31,000.00 for
drainage improvements, and $150,000.00 for the cost of paving and other related improvements, for
a total of $250,000.00. This expense will be paid for out of the City General Fund. The City will
also contribute $225,000.00 in SLTPP Transportation Partnership Funds (Fund #735) and
$75,000.00 in Traffic Signal Funds (Fund #225) toward the cost of a traffic signal at the main
driveway to the library and associated improvements. This $300,000.00 appropriation will fully fund
the traffic signal and associated improvements until such time as the Traffic Signal Improvement
Agreement is finalized and funded by the Bonita Centre, LLC. Upon receipt of funds ftom the
Bonita Centre, LLC, the SLTPP Transportation Partnership Fund will be reimbursed. There are
currently available un-appropriated monies in both funds to meet the costs.
ATTACHMENTS:
A. Planning Commi"ion Minutes
B. Mitigated Negstive Declaration
C. Figu..s
I. Site Plan
2. Floor Plan
3. Elevations
4. Concept Grading Plan
5. Concept L2ndscape PI",
D Lease Agreement with Applicant
E. Improvement Agreement with Bonita Center
F. American GolfCo",.""tion Letter
G. Owne",hip Disclosure Fonn
(h, \planning\richor<lzl¡x;c04-2 7 ccreport.doc)
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MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
6:00 p.m. Public Services Building
VVednesday, December 10,2003 276 Fourth Avenue, Chula Vista
ROLL CALLi MOTIONS TO EXCUSE:
Present: Castaneda, Madrid, O'Neill, Hall, Cortes, Felber
Absent: Hom
Staff Present: Luis Hernandez, Deputy Planning Director
Richard Zumwalt, Associate Planner
Elizabeth Hull, Deputy City Attorney III
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Castaneda
ORAL COMMUNICATIONS: No public input.
1. PUBLIC HEARING: lAV 03.16; Consideration of a Variance to allow a
carport addition to an existing residence to be located
within the required side yard setback at 520 Glover
Avenue.
Staff recommends that the public hearing be opened and the item continued to January 28,
2004.
MSC (Madrid/Hall) that the public hearing be opened and the item continued to January
28, 2004. Motion carried.
2. PUBLIC HEARING: PCC 03-51; Consideration of a Conditional Use Permit
for an expansion of an existing beer and wine liquor
license to include hard liquor for a retain store located
at 72 East " " Street.
Staff recommends that the public hearing be opened and the item continued to January 14,
2004.
MSC (Hail/O'Neill) that the public hearing be opened and the item continued to January
14,2004. Motion carried.
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Planning Commission Minutes - 2 - December 10, 2003
3. PUBLIC HEARING: PCC 04-27; Consideration of a Conditional Use Permit
to allow construction and operation of the Bonita
Branch County Library and Historical Museum/Public
Safety Center (County of San Diego Department of
General Services).
Background: Richard Zumwalt, Associate Planner reported that the project site is in the
portion that is located within the City of Chula Vista city limits in Bonita. The library and
museum will be located on a vacant I.SS-acre portion of the Chula Vista Municipal Golf
Course property, which is owned by the City. Currently the site is used for overflow
parking by trail and golf course users. Adjacent to the site is a small isolated low-quality
wetland located along the western edge of the property.
The County of San Diego Bonita/Sunnyside Branch library and Historical Museum will
include two buildings on the same site. The library building will be a one story, 35 foot
high, 9,900 sf building, and will include an 8,000 sf library and community meeting room.
The second building will include a 4,400 sf museum and volunteer public safety center.
Outdoor areas include two outdoor patios in the rear, a trail connection for jogging and
equestrian trail, and a 56-space parking lot on the southeast side of the library.
The library and museum will operate 7 days a week (10 a.m. to 9 p.m. M-F, and 9 a.m. to
5 p.m. Sat.-Sun.).
The current access drive to the golf course from Bonita Road will be closed off and a new
signalized driveway will be constructed approximately 125 feet west of the existing
driveway and will be aligned with the existing access to the shopping center across Bonita
Road.
County standards for museum parking were used because the City does not have specific
parking standards for these uses, therefore, the project will provide 56 on-site parking
spaces in addition to the overflow parking, which is estimated that it can support
approximately 130 spaces.
In conclusion, this project will provide a significant landmark for the Bonita community
and will provide a single destination providing different types of essential information and
public services, technology, education programs, historic and cultural information,
community events, public safety information and services.
Staff Recommendation: That the Planning Commission adopt Resolution PCC 04-27
recommending that the City Council approve the proposed Conditional Use Permit in
accordance with the findings and subject to the conditions contained therein.
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Planning Commission Minutes - 3 - December 10, 2003
Commission Discussion:
Cmr. Castaneda inquired if there was going to be any public safety presence from the City
of Chula Vista at the Center. Furthermore, since the jogging trail is moving closer to the
golf course, Cmr. Castaneda inquired if any safety measures, I ike netting or fencing, been
considered for errant fly balls coming from the golf course.
Mr. Zumwalt responded that staff had originally considered recommending fencing along
the trail, and it is still possible that it be incorporated as a condition of approval.
Ms. Hull further added that the project proposes the type of screening that has been
described, and American Golf has volunteered to provide consulting services to assist in
providing appropriate screening and protection.
Cmr. Hall stated that the proposal is a great use of the property and is more cohesive with
the character of the community, golf course and trail setting, than previous preliminary
proposals that had been considered.
Cmr. Madrid inquired about the construction timeline.
Public Hearing Opened 6:50.
David, pfiffer , Architect, 2150 W. Washington St., Ste. 303, San Diego, CA responded to
Cmr. Madrid's question and indicated that they anticipate to pull permits in
February/March 04, solicit bids in early Spring, and begin construction shortly thereafter,
with a projected completion of the project within 12 to 15 months after commencement of
construction.
Cmr. Castaneda inquire how the building design was determined.
Mr. pfiffer responded that four community workshops were conducted and the attendees
(approximately 30 to SO at each workshop) were asked to fill out a questionnaire; one
specific question asked what type of architectural design was appropriate for this project.
Approximately, 49 to 51 answered they wanted it to be Spanish/Rural, and 49"10 disagreed
with this recommendation. Therefore, since an architectural survey of Bonita Road
determined that it is very eclectic, a determination was made to use some of the more rural
materials, i.e. stone, wood-siding and colors, mixed with a more contemporary building
design.
Mr. Pfiffer reviewed a Power Point presentation of the project highlights as stated on the
staff report.
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Planning Commission Minutes - 4 - December 10, 2003
Paul Chellminiak, Consultant Project Manager for the County, 7742 Hershel Avenue, La
Jolla, CA stated that this is the sixth project in a program that the County embarked on
approximately six years ago to build new libraries, and it is the closing of a five year
Capital Improvement Program. As stated earlier, there was extensive citizen participation
in the design and planning of the facility, and the County and City worked very closely in
addressing community issues.
Cmr. O'Neill inquired how wide is the buffer zone along the wetland area.
Mr. Pfiffer responded that it is approximately 25 to 30 feet from the edge of the wetland to
the edge of the building.
Ms. Hull interjected that the County leasehold will not include the wetland area; they are
improving it as part of the project but it will remain on the City property, and are losing
approximately 25-30 feet of the leasehold property as the buffer area.
Nicole Cretelle, representing Supervisor Greg Cox, 1600 Pacific Hwy, Rm. 335, San
Diego, CA offered Supervisor Cox's regrets for not being able to attend tonight's meeting
due to a prior engagement. On behalf of Supervisor Cox, Ms. Cretelle offered his support
for the project and commended County staff, consultants and City of Chula Vista staff for
their outstanding effort in working together in bringing this project to fruition.
Additionally, Ms. Crete lie pointed out in the audience Mr. & Mrs. Scott, who volunteered
countless hours to lead the effort to fund-raise the construction of the museum, which has
also received overwhelming support from the community.
Mr. Robert Scott, 4546 Cresta Verde lane, Bonita, CA, President of the Bonita Sunnyside
Fire Protection District, stated that he helped raise part of the matching grant money, and
offered his appreciation for the outpouring of support from the community for this project.
Public Hearing Closed 6:55.
Cmf. O'Neill commended Supv. Cox for his commitment and work over the past 8 to 10
years to bring this quality public facility to our community.
Cmr. Cortes also extended his appreciation and thanked Supervisor Cox for championing
this project and having the foresight to bring this project to our community.
MSC (Hall/Felber) (6-6-1-0) that the Planning Commission Adopt Resolution PCC 04-27
recommending that the City Council approve the proposed Conditional Use Permit in
accordance with the findings and subject to the conditions contained therein. Motion
carried. Motion carried.
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Planning Commission Minutes - 5 - December 10, 2003
DIRECTOR'S REPORT:
Mr. Hernandez reviewed the upcoming calendar of meetings for January 2004, and
indicated that January 14th or January 29th are being targeted for a General Plan Update
Joint Planning Commission/City Council workshop.
ADJOURNMENT at 7:00 p.m. tathe Planning Commission meeting of December 17, 2003.
Diana Vargas, Secretary to Planning Commission
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"""" DEPARTMENT OF GENERAL SERVICES ""....nu""",
I 5555 OVERLAND AVENUE. SAN OIEGO. CA 92123.1294 ~==,
. MITIGATED NEGATIVE DECLARATION
.
. Project Name: Bonita/Sunnyside Branch Library
. Project Number(s): KL9540
This Document is Considered Draft Until it is Adopted by the Appropriate
. County of San Diego Decision-Making Body.
This Mitigated Negative Declaration is comprised of this form along with the
. Environmental Initial Study that includes the following:
a. Initial Study Form
. d. Traffic Study for the Proposed Project
e. Vernal PoollWetiand Assessment and Wetland Delineation
t Cultural Resources Report
. g. Soils Study
h. Flood Analysis
. 1. California Environmental Quality Act Mitigated Negative Declaration Findings:
. Find, that this Mitigated Negative Declaration re~ects the decision-making body's
independent judgement and analysis; and, that the decision-making body has
reviewed and considered the information contained in this Mitigated Negative
. Declaration and the comments received during the public review period; and that
revisions in the project plans or proposals made by or agreed to by the project
applicant would avoid the effects or mitigate the effects to a point where clearly
. no significant effects would occur; and, on the basis of the whole record before
the decision-making body (including this Mitigated Negative Declaration) that
there is no substantial evidence that the project as revised will have a significant
. effect on the environment.
.
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2. Required Mitigation Measures:
a. Anticipated impacts to 680 square feet of isolated, low value wetlands
south of an existing headwall would be mitigated through wetlands
restoration with an increase of the on-site wetlands by 344 square feet
(from 2,780 SF to 3,124 SF). Native wetland species present at the site
and in the nearby Sweetwater River will be utilized for revegetation within
the wetlands area, and indigenous native upland species will be utilized
within the wetlands buffer zone. Specific planting and design details will
be specified to the satisfaction of California Department of Fish and Game
prior to issuance of a Streambed Alteration Agreement for disturbance of
the wetland. The County will be responsible for maintenance and
monitoring of the wetland area until the mitigation success criteria have
been met to the satisfaction of the California Department of Fish and
Game, and the Regional Water Quality Control Board.
b. Potential cultural resource impacts due to construction disturbance of on-
site soils shall be mitigated through construction monitoring by a qualified
archaeological monitor following County-approved procedures and
standards. Monitoring shall be implemented to the satisfaction of the
County Department of General Services.
c. Haul trucks used to transport fill soils to the site will only be allowed to
enter or leave the site between the hours of 9:00 a.m. to 3:00 p.m. This
provision shalt be monitored and enforced by County personnel.
3. Critical Project Design Elements That Must Become Conditions of Approval:
The following project design elements were either proposed in the project
application or the result of compliance with specific environmental laws and
regulations and were essential in reaching the conclusions within the attached
Environmental Initial Study. While the following are not technically mitigation
measures, their implementation must be assured to avoid potentially significant
environmental effects.
a. improvement of library site parking areas to County standards for rural
areas;
b. structural design and engineering in compliance with County building
regulations;
c. compliance with applicable County and City regulations regarding grading
and erosion prevention;
d. compliance with applicable County regulations protecting drainage
courses;
e. compliance with County and City standards and procedures designed to
implement the Regional Water Quality Control Board's Basin Plan,
Surface and Groundwater Objectives;
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t f. Installation of any exterior library lighting consistent with County and City
IIC of Chula Vista lighting regulations.
g. Installation of parapet noise barriers around HVAC equipment to reduce
peak HVAC noise levels to 60 dBA or less at the nearest residential
. property boundary
h. The site shall be graded and maintained such that surface drainage is
II directed away from structures, and into the existing drainage swale at the
west side of the site (to be expanded and improved). Prior to construction!
II grading of the site, a Notice of Intent (NOI) must be filed with the State
Water Resources Control Board (SWRCB) for a General Construction
Storm Water Permit. Once construction is complete, the site owner and/or
. facility operator is required to investigate coverage under the General
Industrial Storm Water Permit by contacting the SDRWQCB at 619-467-
2952. In addition, if future uses allowed under the General Impact
.. Industrial Use Regulations (M54) involve contaminates and/or the planned
discharge of waste to waters of the State or ground/soil, a permit may be
required by the SDRWQCB.
~ i. Prior to opening the library, the County will relocate the site access to
Bonita Road, so that it lines up with the existing access to the shopping
-= center south of Bonita Road. The County will also close the existing
Bonita Road access to the golf course parking lot. Concurrently, the City
of Chula Vista will install a traffic signal at the new intersection, to be in
.. place prior to opening of the library for public use.
i. If any site contamination is discovered at the site durinG the process of
. preconstruction inspection. the County Department of General Services
will follow standard project procedures as follows. 1) conduct special
testinG of the site to determine the nature and extent of the potential
. contamination: 2) if such contamination is documented. reauest that the
County Deoartment of Environmental Health <DEH) identify and describe
appropriate protocols to be followed: 3) incorporate the protocols
. developed bv DEH into project construction documents: and 4) have DEH
provide oversiaht for anv remediation efforts.
ii 4. Results of Public Review
( ) No Comments were received during the public input period.
. ( ) Comments were received but did not address the draft Negative
Declaration finding or the accuracy/completeness of the Initial Study. No
. response is necessary. The letters are attached.
-= (X) Comments addressing the findings of the draft Negative Declaration
and/or accuracy/completeness of the Initial Study were received during
the public input period. The letters and responses follow.
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RESPONSE TO COMMENT LETTER FROM MARY ANN MANN, SWEETWATER I
AUTHORITY, DATED NOVEMBER 5, 2003
(See Attached Letter Following MND)
In response to comment on Section V.2, the statement in the Initial Study that the
Sweetwater hydrologic subarea is impaired for Coliform bacteria and metals is incorrect,
and has been deleted. This change does not result in any change in anticipated
impacts.
In response to comment on Section V.4, we could not find the statement that "the
project site is not located within an aquifer." We agree that the site is located above an
aquifer in the La Nacion hydrologic subarea, used for municipal, domestic, agricultural
and industrial purposes. Therefore, no change to the Initial Study is required.
In response to comment on Section V.5, the current site condition includes unimproved
land that produces a peak discharge of approximately 3.0 cubic feet per second of
runoff in the ten year storm. Development of the site with building, parking lots and
impervious surfaces increases the peak discharge in the similar ten-year storm to
approximately 5.8 cubic feet per second. The estimated increase in the rate of
discharge is insignificant compared to the total peak discharge of the overall drainage
basin. The peak basin discharge of the inclusive Sweetwater River basin is more than
20,000 cubic feet per second.
The project design incorporates site design, source control, and structural treatment
Best Management Practices (BMP's) in compliance with local and regional
requirements. Site design BMP's include the utilization of landscape and natural areas
for the discharge of surface drainage and the reduction of impervious surfaces to the
extent possible. Source Control BMP's include the control of hazardous material
storage, the limitation of the use of fertilizers and pesticides, the design of controlled
trash enclosures, the installation of efficient landscape irrigation systems, catch basin
stenciling, and good site housekeeping and maintenance. Structural treatment BMP's
include catch basin filter inserts, site maintenance, natural bio-filters and swale~, and
construction phase best management practices. Implementation of these BMP's would
reduce the potential for site discharge or urban runoff impacting water quality
downstream.
In response to comment on Section V.11, site development will include elevating the
proposed buildings to an elevation approximately one foot above the 100-year flood
level of the adjacent Sweetwater River. The proposed building pads have an elevation
of 75.7 and 75.9 feet above mean sea level (AMSL). The Sweetwater Dam inundation
area would have an elevation of approximately 76 feet ASML at the project site.
Furthermore, finish floor elevations would be at 76.20 and 76.45 feet ASML. Therefore,
no significant impacts associated with flooding are anticipated at the site.
In response to comment on Section XII, the proposed site plan requires potable water
service for fire protection, domestic, and landscape uses. Currently properties on the ~
east and west of the site are serviced from existing water mains in Otay Lakes Road I
and Bonita Road. The existing commercial center directly south of the site on the
southerly side of Bonita Road is served by an existing water main connecting Otay
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~ lakes Road to the main in Bonita Road. The installation of a new water main in Bonita
Road easterly of the required point of service for the site is unnecessary. The extention
of the existing water main in Bonita Road approximately 250 feet easterly will
adequately serve the site.
II RESPONSE TO COMMENT LETTER FROM GREG HOLMES, DEPARTMENT OF
TOXIC SUBSTANCES CONTROL, DATED NOVEMBER 10, 2003
. (See Attached Letter Following MND)
IÎ In response to comment (1), the proposed site is a vacant lot, with no uses other than
occasional parking by walkers and joggers. Review of databases maintained by U.S.
EPA (Envirofacts), California Integrated Waste Management Board (SWlS), California
II Water Resources Control Board (GeoTracker), and the County of San Diego
Department of Environmental Health (SAM) show no hazardous materials issues at the
proposed library site.
. In response to comment (2), the databases listed in (1) show no hazardous material site
with an open "case" nearby and upgradient. An Arco gas station (#1806) located at
IÍI 4498 Bonita Road, approximately one block east of the site and south of Bonita Road
has been the subject of remedial actions, but that work was completed in August 2003
according the DEH personnel. Therefore, no threat to human health at the proposed
~ library site is anticipated.
In response to comment (3), the hazards questions in the Initial Study utilize a set of
. questions adopted by the County of San Diego. The issue addressed in the first
bulleted item of comment (3) is addressed in Item IX.1, which states "The proposed
project would not involve uses that would contain, handle, or store any potential sources
. of chemicals or compounds that would present a significant risk of accidental explosion
of release of hazardous substances." The site is not located within one-quarter mile of
a school, although that is irrelevant here, given the absence of any hazardous materials
. other than typical cleaning products. The response to the question identified in the
second bullet has been given in the responses to comments (1) and (2) above. No
significant hazard to the public or to the environment are expected to occur as a result
II of development at the proposed site.
In response to comment (4), we have added Condition of Approval 3.j, which states that
. "If any site contamination is discovered at the site during the process of preconstruction
inspection, the County Department of General Services will follow standard project
procedures, as follows: 1) conduct special testing of the site to determine the nature
. and extent of the potential contamination; 2) if such contamination is documented,
request that the County Department of Environmental Health (DEH) identify and
describe appropriate protocols to be followed; 3) incorporate the protocols developed by
. DEH into project construction documents; and 4) have DEH provide oversight for any
remediation efforts that may be required."
í=' In response to comments (5), (6), (7) and (9), see the response to comment (4) above,
I In response to comment (8), no building structures are present on the proposed site.
16/"',3"7"" /;"')(
RESPONSE TO COMMENT FAX FROM VALERIE RADEK, SAN DIEGO COUNTY
LIBRARY, DATED NOVEMBER 17, 2003
(See Attached Letter Following MND)
The description of anticipated library staffing and hours was revised per Radek input.
ADOPTION STATEMENT: This Mitigated Negative Declaration was adopted and the
above California Environmental Quality Act findings made by the:
(Decision-Making Body)
on (Datelltem #)
~~ A . fldá{~
Jeffrey Redlitz, Project Manager
County of San Diego, Department of General Services
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SWEETWATER AUTHORITY GOVERNING BOARO
~.' 505 GARRETT AVENUE JAMES 'JIM" OOUO. CHAIR
POST OFFICE BOX 2326 w.o. "8UO" POCKLINGTON. VIe< CHAIR
R. MlTCt<EL .eAUCHA'"
CHULA VISTA, CALIFORNIA 91912-2326 NICKINZUNZA
(619) 420-1413 _GARET COOK 'NE""
. FAX (619) 42S-7469 R'CHARC A REYNOLDS
http://Www.sweetwater.arQ --. CA.RY F. WRIGHT
WANDA AVERY
November 5, 2003 TREASURER
. _SA FAP.oN.FRIEDMAN
MJV 7~]]? SECRETARY
Mr. Ralph Kingery
I BRG Consulting, Inc.
304 Ivy Street
San Diego, CA 92101-2030
. SUBJECT: COMMENTS ON DRAFT MITIGATED NEGATIVE DECLARATION
BONITA! SUNNYSIDE BRANCH LIBRARY, A.P.N. 593-240-24
LOWER SWEETWATER RIVER URBAN RUNOFF PROTECTION
. Dear Mr, Kingery:
. Sweetwater Authority has received the Draft Mitigated Negative Declaration, Initial Study, and
associated environmental reports for the pro posed Bonita I Sunnyside branch library facility.
The proposed project includes an 8,300 sq. ft. public library, a 1,600 sq. ft. community center,
8 and a 4,400 sq. ft. museum and public safety center. Development of the approximately 1.36-
acre site also would provide 56 parking spaces in a currently unpaved area used for unofficial
parking, landscaping with native plant species, and reconstruction and reconfiguration of an
IC-' existing wetland habitat. Between 17,000 and 24,000 cubic yards offill would raise the level of
the proposed structures and parking areas above the 1 CO-year flood elevation. Water service
and sewer service are planned for the project.
. The site is located downstream of Sweetwater Reservoir and lies entirely within the drainage
basin of the Lower Sweetwater River, as shown on enclosed Figure 1. In 2000, Sweetwater
Authority began utilizing groundwater from the alluvial and San Diego Formations at the
. Reynolds Demineralization Facility at Second Avenue, Chula Vista, north of SR-54 and the
Sweetwater River channel. The Demineralization Facility treats groundwater through reverse
osmosis and distributes it to the Authority's customers via the adjacent water distribution system.
Because Sweetwater Authority is utilizing groundwater from the Lower Sweetwater River Basin.
. we are interested in protecting water quality in the basin.
Specific comments are as follows:
. Section V. Water Resources
. Section V.2, of the Environmental Analysis states that the Sweetwater hydrologic subarea is
impaired for Coliform bacteria and metals. According to the Regional Water
Quality Control Board (J. Smith, telephone conversation with T. Murphree, July 10,
. 2003), no portion of the Sweetwater River watershed is impaired or on the 303d list. The
Sweetwater River flows into San Diego Bay, portions of which are impaired. Please provide
information relating to the basis of the applicanfs findings that this river is impaired.
. Section V.4. states that "the project site is not located within an aquifer. According to the
If records of the State of California, Department of Water Resources, the project site is located
within an aquifer.
/f,I-I1 /1- ':/.
-..J
r A Public Water Agency
0 H. '~'. ~" "'. , 0 J' "
..-.- - - . "-"u.-
Mr. Ralph Kingery ~-
Re: COMMENTS ON BONITA / SUNNYSIDE BRANCH LIBRARY
LOWER SWEETWATER RIVER URBAN RUNOFF PROTECTION "',-
November 5, 2003
Page 2
Section V.G. discusses the potential of the project to increase the rate or amount of suriace
runoff in a manner that would result in flooding on or off-site. As noted above the Authority has
an existing groundwater demineralization facility located downstream of this project. We request
that the applicant discuss the implementation of best management practices according to city,
county and regional standards to minimize flow of urban runoff into the river system that may be
detrimental to our facility.
The Section V.11. response states that the site will not be subject to the 1 GO-year flood plain
and will no longer be located in the Sweetwater Dam inundation area after the elevation is
increased by approximately five feet. Sweetwater Authority is only aware of a Sweetwater Dam
inundation map that was created for our predecessor, California American Water Company. in
1974. While we do not have jurisdiction of flood control, we caution the applicant that if this map
was utilized the information may not be currently accurate.
Section XII discusses the previous correspondence from Sweetwater Authority regarding a main
extension in Bonita Road. To clarify attached is a map showing the minimum requirements for
the new water main. Our standards require that any new water main be extended to the
centerline of the lot of a new development. Also, the final determination of the new water main
including diameter is based on the proposed fire flow and domestic requirements. It may be
necessary to extend this new main in Bonita Road to Otay Lakes Road.
Sweetwater Authority appreciates the opportunity to comment on the proposed Bonita I
Sunnyside branch library and to provide further awareness of the importance of watershed
management in San Diego County. If you have any questions, please contact Ms. Troy
Murphree at (619) 409-6815.
Sincerely,
SWEETWATER AUTHORITY
'tA\~ k 'f(\~
Mary Ànn 'Mann
Director of Water Quality
encl: as cited
pc: Mr. Jeffrey Redlitz, County of San Diego, Dept. of General Services
Mr. John Hammond, Sweetwater Community Pianning Group
Ms. Marilyn Ponseggi, Environmental Review Coordinator. City of Chula Vista Planning.
Department .
Ms. Troy Murphree. Sweetwater Authority
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. 5796 Corporate Avenue t;._. ..,.'.' ',' '" ,'" ',':]: '"', I
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Winston H Hickox Cypress, California 90630 ".
. Gray Davis
lIency Secretary , "" Governor
llfornia Environmental 1';..;,::
Protection Agency
. November 10, 2003
I Mr. Jeffrey Redlitz
Project Manager
. Departmet:lt.oLGener.al Services
County of San Diego
5201 Ruffin Road, Suite B MS 0650
San Diego, Califomia 92123.1666
. NEGATIVE DECLARATION FOR THE BONITA/SUNNYSIDE BRANCH LIBRARY
11 PROJECT (SCH#2003101112)
Dear Mr. Redlitz:
r The Department of Toxic Substances Control (DTSC) has received your Negative
Declaration (NO) for the above-mentioned Project.
. Based on the review of the document, OTSC's comments are as follows:
1) The NO needs to Identify and detennine whether current or historic uses at the
. Project site have resulted in any release of hazardous wastes/substances at the
Project area.
. 2) The NO needs to identify any known or potentially contaminated sites within the
proposed Project area. For all identified sites, the NO should evaluate whether
conditions at the site pose a threat to human health or the environment. A
II Phase I Assessment may be sufficient to id,entify these sites. Following are the
databases of some of the regulatory agencies: .
. . National Priority list (NPL): A IilOt is maintained by the United States
Environmental Protection Agency (U.S.EPA).
. . CalSites: A Database primarily is used by the California Department of
Toxic Substances Control.
. . Resource Conservation and Recovery Information System (RCRIS): A
database of RCRA facilities that maintained by U.S. EPA.
The energy challenge lacing C;jlifomia is re8/. Eve/)' Californian needs to take im_diale øclion to ",do"" onørgy consumption.
.. Fora/lsi of simple wa~ you can ",duce damandand cut your energy costs, søe our WelNœe 81 www,dtsc.ca.¡¡ov.
~ Printed on Recycled Paper
II /~ /1- '7
~---------'-~ ---,
Mr. Jeffrey Redlitz
November 10,2003
Page 2 of 4
. Comprehensive Environmental Response Compensation and Liability
Information System (CERCUS): A database of CERCLA sites that
maintained by U.S.EPA.
. Solid Waste Information System (SWIS): A database provided by the
California Integrated Waste Management Board consists of both open as
well as closed-and inactive SÐlid waste disposal facilities and transfer
stations.
. Leaking Underground Storage Tanks (LUST) I Spills, Leaks,
Investigations and Cleanups (SLIC): A list that is maintained by Regional
Water Quality Control Boards.
. Local County and City maintain lists for hazardoussubstanc6s' cleanup
sites and leaking underground storage tanks.
3) The ND does not specifically address the Hazards' section checklist of the
California Environmental Quality Act (CEQA) which includes the following
questions:
. Would the project emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile
of an existing or proposed school?
. Would the project be located on a site which is included on a list of
hazardous materials sites complied pursuant to Government Code
Section 65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
4) The ND should identify the mechanism to initiate any required investigation
and/or remediation for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight. If hazardous
materials/wastes were stored at the site, an environmental assessment should
be conducted to determine if a release has occurred. If so, further studies
should be carried out to delineate the nature and extent of the contamination.
Also, it is necessary to estimate the potential threat to public health and/or the
environment posed by the site. It may be necessary to determine if an expedited
response action is required to reduce existing or potential threats to public health
or the environment. If no immediate threat exists, the final remedy should be
implemented in compliance with state regulations and policies.
/~:A'~f 11~;;g
- --------------- -----
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IC' Mr. Jeffn:>y Redlitz
I November 10, 2003
Page 3 of 4
.
I 5} All environmental investigation and/or remediation should be conducted under
a Workplan which is approved by a regulatory agency that has jurisdiction to
oversee hazardous waste cleanup.
II 6) If the subject property was previously used for agriculture, onsite soils could
contain pesticide residues. Proper investigation and remedial action may be
I - necessary to ensure the -siteooes Mot pose -a risk to tAe futl:tre residents..
7) If any property adjacent to the project site is contaminated with hazardous
- chemicals, and If the proposed project is within 2,000 feet from a contaminated
site, then the proposed development may fall within the "60rdlijr Zone of a
Contaminated Property," Appropriate precautions should be taken prior to
I construction if the proposed project is within a "Border Zone Property."
8) If building structures are planned to be demolished/renovated, an investigation
~ should be conducted for Ute presence of lead-based paints and asbestos
containing materials (ACMs). If lead-based paints or ACMs are identified, proper
precautions should be taken during demolition activities. Additionally, the
contaminants should be remediated in compliance with California environmental
regulations and policies.
9) If during construction/demolition of the project, soil and/or groundwater
contamination is suspiSed, construction/demolition in the area should cease
and appropriate health and safety procedures should be implemented. If it is
determined that contaminated soil and/or groundwater exist, the ND should
identify how any required Investigation and/or remediation will be conducted, and
the govemment agency to provide appropriate regulatory oversight.
DTSC provides guidance for preparation of a Preliminary Endangerment Assessment
(PEA), and cleanup oversight through, the Voluntary Cleanup Program (VCP). For
additional information on the VCP. please visit DTSC's web site at www.dtsc.ca.aov.
J ¡ - ,:;:) "j
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.-... ......_.. ____0...
Mr. Jeffrey Redlitz
November 10, 2003
Page 4 of 4
If you have any questions regarding this letter, please contact Mr. Johnson P. Abraham,
Project Manager, at (714) 484-5476.
Sincerely,
~~... ...... . --. -,' - ,-
Greg Holrnes
Unit Chief
Southem California Cleanup Operations Branch
Cypress Office
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
Mr. Guenther W. Moskat, Chief
Planning and Environmental Analysis Sedion
CEQA Tracking Center
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
I'I-J.(., ¡{,,3D I
II Input from Valerie Radek. Fax of November 17. 2003.
.
- -
.
.
The Draft MNO Í$ avdable far pubnc revlaw lit the following loCations: county of
. San Diego, Department of General Serv\ce8, Project Management Division
Information Counter. 5555 Overland Drive, San Diego. CA 92123; CIty of Chula
Vista Library, 365 F Street, Chula ViSta. CA 91910; and Bonlta-6unnyslde
. lJtJrary. 5047 CØI'IIæI Avenue, CA 91902.
For Information on environmental review for tJ1js project. contact RalPh Klnger¡ of
BRG ConSulting, Inc. at (619) 298-7127, 11Ie Draft MHO Is being circulated for a
. 30-daY pubUc review period ~inning on Oetober 22. 200~ and ending on
November 21. 2003. WI1tten comments regarding tI1e adequacy of the Draft
MHO should be directed to Ralph KIngery. BRG consulting, Inc., 304 Ivy Street.
18 San Diego, Callfomla 91101.2030 and rnlnrt be re<:eiVed by NovembOr21. 2003.
All c:omment \etter8 received durlng the ao.day review period wiU be part of tn.
enwonmentel ('8YIeW reoord.
I A Final MHO incorpo~ng pubfic input will be prepared for conslde18l:lOn by the
County of San 01890 at a futUre public meeting. The date. time. and loCatIon of
. the public meeting will be provided by public notïce when they are determined.
Thi6 notice wa' published in the SAN DIEGO OAIL \' TRANSCRIPT and
distributed on r22
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. The library would be staff by six empIoye8I each day and WOUld be I;)pen for approxïmately 60 hours
per week. Hours of operation would be 1I'om 10 ÞN. to 8 PM on MondaY and Tueøday; 10 AM to 8
PM on Wednesday and ThursdaY; and 10 AM to 6 PM on Friday and Saturday. It Is 8xpected that
II the Friends of the Ubrary WIn operate a bcO\C8t0r8. The store will be staffed by volunteers with
scheduled hour& yet to be detennined.
.
.
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~áJ~)þø
Ann MO~
CIty Attorney
Dated: /.1. j/;;¿ /03
Agreement between the City of Chula Vista and County
Of San Diego for the lease of approximately 1.55 acres ofland for the
construction and operation ofthe Bonita Branch County Library
And historical museum/public safety center
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._-----
) LEASE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COUNTY OF SAN DIEGO FOR THE LEASE
OF CERTAIN PROPERTY WITHIN THE CITY OF CHULA
VISTA
THIS LEASE AGREEMENT is made and entered into this ~ day of
, between the City of Chula Vista, a Municipal Corporation, as lessor,
hereinafter called "City," and County of San Diego, as lessee, hereinafter called "County."
RECITALS
WHEREAS, the City owns certain property, including all improvements located upon the
property, at Bonita Road adjacent to and west ofChula Vista Municipal Golf Course parking lot in
the City ofChula Vista (as diagrammatically represented on Exhibit I); and
WHEREAS, the County desires to lease said property and to construct certain improvements
thereto in order to establish the San Diego County Library - Bonita Branch and Bonita Museum; and
WHEREAS, City has determined that locating a library on the identified site will assist in
meeting the need for library services needs of the citizens in the surrounding area; and
WHEREAS, the City and County entered into anon-binding LetterofIntent approved bytbe
County on March II, 2003 and approved by City on March 4,2003 by Resolution 2003-091,
declaring their intention to pursue the locating of a branch County library on this site; and
WHEREAS, City desires to lease said property to County for said purpose.
Now, therefore, in consideration ofthe covenants and conditions hereinafter contained, City
and County do hereby agree as follows:
1. Leasing Clause and Right of Entry
a. City hereby leases to County and County hereby leases from City, certain property hereinafter
described under the following terms and conditions contained within this lease agreement.
b. Subject Premises of Lease. City leases to County a certain parcel of real property, together with
all cunent improvements thereon, situated in the City ofChula Vista, County of San Diego, State of
CaJjfomia as described in Exhibit 2 attached hereto and incorporated herein ("Subject Premises").
c. County shall have access to and right to enter upon and travel over the access drive
and adjacent land ("City Site") for purposes of construction staging, wetlands improvement
and restoration and grading activities as described in Exhibit 3 attached hereto and
incorporated herein.
d. City hereby grants to County in the form of the attached easement (Exhibit 4), which
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shall be recorded against the property, a nonexclusive access easement over the access drive
as more particularly described in said easement for the term of this lease.
e. County agrees to provide City reasonable access to the Premises to allow City staff or a
designee of the City to maintain and repair the Spring Valley Trunk Sewer Line and other City
obligations pursuant to the term hereof.
2. Term.
a. Initial Term. The initial term of this lease shall commence on January I, 2004 and shall
expire on January I, 2054, unless earlier terminated pursuant to the provisions of this Lease.
b. Damage and Destruction. If, during the Term of this Lease or any extension thereof,
the Premises or Improvements are damaged or destroyed, and if such damage materially
interferes with County's use of the Premises, County shall, at its sole expense, repair the damage
and this Lease shall remain in full force and effect, provided that (i) such repairs can reasonably
be expected to be made within one-hundred twenty (120) days ftom the date County commences
to repair such damage, or such reasonable time as required to remedy the damage ("Repair
Period") in compliance with applicable laws and regulations.
Any repairs undertaken pursuant to this section shall be diligently pursued to completion
by County. Prior to commencing such repairs, County shall give City an estimate of the time
within which such repairs are expected to be completed.
If, in the sole judgment of County's Lease Administrator, the Premises cannot
reasonably be expected to be restored within the Repair Period, or such reasonable time as
required for such restoration, to substantially the same condition they were in before the damage
occun-ed, County may terminate this Lease by notice to the City given sixty (60) days after such
damage or destruction.
c. Extended Term. Upon the expiration of the Initial Term, the County may requestto extend
the term of the lease for one (I) successive ten (10) year period. The County shall exercise the
extension option by giving written notice to and subject to administrative approval ofthe City, such
notice to be provided no later than ninety (90) calendar days in advance ofthe expiration of the lease
term then in effect. Unless otherwise mutually agreed by the parties in writing, the terms and
conditions of this Agreement shall remain in effect during the Extended Term.
d. Holdover Tenancy. In the event the County elects not to extend the Term but retains
possession of the Premises upon the expiration thereof, with the City's consent the County's tenancy
shall be converted to a month to monthan-angement, subject to tennination by the City upon one (1)
months written notice, but otherwise on the same tenDS and conditions then in effect.
3. Rent.
County agrees to pay to City as rental for Subject Premises the sum of$I.OO per year payable
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----- -------
') on January I of each. year during the tenn hereof; and in addition hereto, County agrees to do and
perform the other covenants and conditions set forth herein, each of which shall be considered as
additional rent. At County's option, County may prepay the rent for the entire 50-year term in a
lump sum within 30 days of commencement ofthis Lease.
4. Purpose.
County shall use the Subject Premises solely for the following purposes: constructing,
maintaining and operating thereon, at the County's sole cost, an approximately 10,000 square foot
public branch library, which shall include approximately a 2000 square foot community space, and
an approximately 4,400 square foot museum/public safety center. The buildings and other facilities
shall be used as described herein and for all reasonable and lawful purposes incidental thereto.
County agrees to use Subject Premises solely for the purposes herein stated.
5. Responsibilities of County.
a. Grading. County shall grade the Subject Premises to finished rough grade elevations
consistent with FEMA Flood Maps to 2 feet above the laO-year flood level. County
shall seek and obtain a FEMA Letter of Map Revision for the site upon completion of
grading. County shall grade, compact, and prepare the City Site to be suitable for
subsequent parking lot construction or park occupancy only. City shall reimburse County
for the cost of the City's Site preparation reimbursement shall not to exceed $67,500.
Reimbursement amount to ¡ncl ude grading, compaction, si te preparation, project design,
and administration.
b. Site Improvements. County shall:
(I) Construct all necessary buildings, parking facilities and all other required
facilities, on-site and off-site improvements for said use as depicted on the
design development drawings (attached hereto as Exhibit 5 and
incorporated herein). Off site improvements funded and constructed by
the County to be limited to improvements to the City-owned wetland area
abutting the County Premises, construction of an access road with
associated curb, gutter, and surface improvements, and closing of existing
access road and installation of associated curb, gutter, and surface
improvements. Off site improvements funded by the City and constructed
by the County include grading, installation of underground storm-drain
piping, and surface parking lot improvements as defined in Item #4,
below.
(2) Install lighting to light the Subject Premises including library and
museum parking lots and building perimeter landscaping and courtyard
areas.
(3) Perform all mitigation measures identified in the Mitigated Negative
4/( < /1~'i1
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-----.- -------- -----.---------- .-
-------.------
Declaration and Mitigation and Monitoring Program dated October 22,
2003.
(4) County shall pave a portion of the City Site (as identified on Exhibit 5) for
general parking purposes. City shall reimburse County for the cost ofthe City
Site paving and improvements, reimbursement shall not exceed $150,000.
This amount to include site preparation, paving, subsurface drainage, and
project design and administrative costs.
(5) County shall construct the new access road (as identified on Exhibit 5)
concurrently with the grading and construction of the site. County shall
eliminate the previously utilized access driveway and provide access (as
identified on Exhibit 5) immediately following completion of the new access
road. Removal of existing access road will require surface improvements
necessary to allow the site to be utilízed for parking purposes. County
constructed access road will terminate at Bonita Road at a new signalized
intersection to be constructed by the County. County shall design, install and
construct traffic signal and related improvements which City shall reimburse
County for such costs. City shall reimburse County for the traffic signal
expenses, reimbursement shall not exceed $150,000. Intersection controls
and traffic signal will be completed in conjunction with the construction
schedule of the library/museum project.
(6) County shall submit construction drawings to City for plan review and
confonnance with use permit conditions of approval. All work shall be in
accordance with County building codes and standards and approved by
County prior to its issuance of certificate of occupancy.
County shall not make any other improvements or additions to the building and Subject
Premises without prior written approval of the City Manager or his designee. Said improvements
and additions shall include, but not be limited to, changes to the exterior, room additions, signs, and
new plantings except for non-structural alterations.
c. Drainage Improvements. County shall install underground drainage pipes originating
from the current discharge point under the golf course parking area, across the City Site, through the
Subject Premises, and terminating at the wetlands habitat area, to properly dispose of surface runoff
from the City's golf course parking lot and City Site as described in and consistent with the adopted
Mitigated Negative Declaration and so as to ensure there is no overflow water into surrounding area.
City agrees to reimburse County for the actual cost of constructing the drainage improvements across
City Site to a maximum amount of$31,000.
d. Liens. County shall keep the Subject Premises, existing buildings, County
constructed structure or facilities and the property upon which the building is situated or parking,
free from any liens arising out ofthe work performed, materials furnished, or obligations incurred by
County. Failure to keep Subject Premises free ofliens shall constitute a major breach and default, of
/~" 11- LIS
.) the covenants of this agreement and grounds for termination by City, at City's sole option.
e. County's Maintenance Obligation. County agrees to accept full responsibility forthe
maintenance and repair of Subject Premises, including landscaping. County shall, at County's sole
cost and expense, keep the Subject Premises, the improvements thereon, and every part thereof,
excluding the Spring Valtey Trunk Sewer tine, in good condition and repair, comparable to other
property held by the City in the general vicinity. City shall have no obligations to alter, remodel,
repair, decorate, or paint the structures located upon the leased Premises.
The County wilt be responsible fur maintenance and monitoring of wetland area until the
mitigation success criteria have met to the satisfaction of the California Department of Fish and
Game and the Regional Water Quality Control Board. Prior to finalization of the 1601 Permit
through the Department ofFish and Game, County shall seek and obtain City concurrence with long
term maintenance and monitoring responsibilities for the wetlands. Said concurrence shall not be
unreasonably withheld.
f. Utilities. County hereby covenants and agrees that all utilities and services necessary for
the use and occupation of Subject Premises shall be provided and paid for by County.
g. Possessory Interest Tax. County understands that the premise may be subject to
possessory interest tax. County shall be responsible for the payment of, and shall pay before
delinquent, all taxes, assessments and fees assessed or levied upon County, on premise or any
interest thereon, any bui Iding, structures, machines, app liances or to the improvements of any nature
whatsoever or any interest therein, or by reason of the business or other activities of County upon, or
in connection with the premises. The failure of County to pay such levied tax, resulting in the
establislunent ofa tax lien by any taxing agency, shall constitute a major breach, and default, of this
lease and constitute grounds for recovery of possession by City.
h. Damage and Destruction. If the improvements on the Subject Premises are, in whole
or in part, ruined by a calamity or a progressive degenerative process, the City shall be under no duty
to the County to undertake any repairs or provide substitute or replacement facilities during any
repair or reconstruction of the Subject Premises undertaken by County, or to pay the rental value
thereof, regardless of cause of the damage to the Subject Premises. Nothing herein shall be deemed
to re1ieve the County for damage to the Premises it may have otherwise caused.
l. Anti-Discrimination and Americans with Disabilities Act. County, for itself and its
successors and assigns, agrees that during the occupancy and use of the Subject Premises, County
will not, with respect to its operation of the Subject Premises, discriminate against any person
because of race, color, creed, religion, sex, sexual orientation, marital status, age, handicaps, ancestry
or national origin. In addition, County agrees to cause the Subject Premises to be in compliance with
the requirements of the Americans With Disabilities Act, and regulations promulgated thereunder.
6. City's Maintenance Obligation.
j It is intended by the parties hereto that City has no obligation, in any manner whatsoever,
1 V' r L..LJI- Lf ~
./ . >
.-..- - ...._----- ------
to repair and maintain the Subject Premises nor the structural improvements, including any
buildings, now located or to be constructed thereon, nor the equipment now located or to be
constructed therein, whether structural or non structural, all of which obligations are intended to be
that ofthe County, unless otherwise provided for in this Agreement. City shall be responsible for
maintenance ofthe access road, paved parking lot, drainage, and landscape improvements installed
by the County on City Site- County expressly waives the benefit of any statute now, or hereinafter in
effect which would otherwise afford County the right to make repairs at City's expense or to
terminate this Lease because of City's failure to keep the Subj ect Premises in good order, condition
and repair.
7. Compliance with Laws and Regulations.
County agrees to design, construct, maintain and operate Subject Premises in compliance
with all laws, rules and regulations applicable thereto.
8. Condition of Premises.
a. County hereby accepts the Subject Premises in their condition existing as of the
Lease Effecti ve Date or the date that County takes possession of the Subject Premises, whichever is
earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations
governing and regulating the use of the Subject Premises, and any covenants orrestrictions ofrecord
and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits
attached hereto. County acknowledges that City, nor City's agent, has made any representation or
warranty as to the present or future suitability of the Premises for County's intended purpose.
Specifically, County acknowledges the proximity of the Subject Premises to the Chula Vista
Municipal Golf Course and accepts all risks associated therewith, including any claims that may
result from errant golf balls.
Furthermore, City makes no representations as to the possibility of hazardous materials or
toxic waste being located on the Subject Premises. County has the right to inspect and conduct soils
tests and studies to thereby determine for itself that the soils condition is satisfactory for County's
intended purpose.
b. At the City's sole option, upon the expiration or termination hereof, County
shall surrender the Subject Premises to City in the same condition as when received, subject to
reasonable wear and tear, or shall return the Subject Premises to the City in its improved state,
including any structures, which Counly has constructed upon the Subject Premises.
9. Suspension of Operations.
a. In the event that County fails to maintain and operate Subject Premises for the
principal purpose for which the same are hereby demised or fails to maintain reasonable and
adequate supervision and maintenance of Subject Premises or further fails to remedy any such faults
or defects within 60 days after written notice to do so from the City, then County shall suspend all
operations unti I such faults or defects have been cured.
/0/-7-"3 II-"¡'?
------------ -------
) b. All of the conditions and covenants contained herein to be performed by County
shall be deemed to be conditions of County's right to possession of the Subject Premises, and if
after 180 days written notice to County, any default in said conditions is not remedied or corrected or
performed to City's satisfaction, City shall have the right to re-enter the Subject Premises, remove
County and retake possession thereof.
c. In the event that County abandons Subject Premises, the City may elect to
terminate this lease. Abandonment is herein defined to include, but is not limited to, any absence of
County ITom the Subject Premises for sixty (60) days or longer while in default of any provision of
this lease except where excused by law or circumstances beyond County's control.
10. Representatives of Parties to Agreement.
a. City designates the City Manager or his/her designee as its representative in
all matters under this contract (except execution hereof) and all notices gi ven to the City shall be so
addressed to the above designated representative at 276 Fourth Avenue, Chula Vista, CA 91910.
County designates the Director, Department of General Services as the County's Lease
Administrator of this contract and all notices sent to County shall be addressed to the
above-designated representative at 5555 Overland A venue, Suite 2500, Building 2, San Diego, CA.
92123-1294
II. Assignment.
Neither this agreement nor any duties or obligations hereunder shall be assignable by County
without prior written consent of the City, which consent may be withheld in the reasonable discretion
of the City. In the event of an assignment by County to which the City has consented, the assignee or
its legal representative shall agree in writing with the City to assume, perform, and be bound by the
covenants, obligations, and agreement contained herein. Any consent to an assignment shall not, in
the absence of express provisions to the contrary, constitute a release of the County from the
provisions of this Agreement.
12. Successors and Assigns.
Subject to the provision regarding assignment, this agreement shall be binding on the heirs,
executors, administrators, successors, and assigns ofthe respective parties.
13. Indemnities and Insurance.
a. Indemnity. County shall defend, indemnity, protect and hold hannless City from and
against any and all claims arising from County's use of the Subject Premises (including specifically,
but not limited to, deposit oftoxic or hazardous material in or about the Subject Premises, or uses of
such material in any structure on the premises) or from the conduCt of County's business or ITom any
activity, work or things done, permitted or suffered by County in or about the Subject Premises or
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....--.- --.--
elsewhere and shall further indemnify and hold hannless City fiom and against any and alJ claims
arising ITOm any breach or default in the performance of any obligation on County's part to be
performed under the tenus of this Lease, or arising from any negligence of the County, or any of
County's agents, contractors, or employees, and from and against alJ cost, attorney's fees, expenses
and liabilities incUITed or associated with any such claim or any action or proceeding brought
thereon; and in case any action or proceeding is brought against City by reason of any such claim,
County upon notice fiom City, shall defend the same at County's expense. County, as a material part
of the consideration to City, hereby assumcs all risk of damage to property or injury to persons, in,
upon or about the Subject Premises arising ITom any cause and County hereby waives all claims in
respect thereof against City.
County shall defend, indemnify, and hold harmless the City from and against any and
all claims arising or resulting ITom the proximity of the Subject Premises to the Chula Vista
Municipal Golf Course.
b. Exemption of City from Liability. County hereby agrees that City shall not be liable
for injury to County's business or any loss of income therefrom or for damage to the goods, wares,
merchandise or other property of County, County's employees, invitees, customers, or any other
person in or about the Subject Premises, nor shall City be liable for injury to the County, County's
employees, agents or contractors, whether such damage or injury is caused by or results fi-om fire,
flood, rain, water, steam, electricity, gas, or from the breakage, leakage, obstruction or other defects
of the land, grading, elevation of the land, pipes, wires, appliances, plumbing, or 1T0m any other
cause, whether the said damage or injury results from conditions arising upon the Subject Premises
or from other sources or places and regardless of whether the cause of such damage or injury or the
means of repairing the same are inaccessible to County. City shalJ not be liable for any damages
arising from golf related activities on the Chula Vista Municipal Golf Course.
c. County's Insurance Obligations. County maintains a policy of All-Risk Insurance
covering the County's improvements, personal property in the Premises, including any fixtures or
equipment in the Premises owned by County. The County utilizes a program of self-funding with
regard to any liability it may incur for personal injury or property damage arising out of its use or
occupancy of the Premises or the improvements thereon.
15. Subleases.
County shall not subleaSe any portion of the building or Subject Premises without prior
written approval of the City Manager or his designee.
16. Entire Agreement.
This Agreement supersedes any prior agreement and contains the entire agreement of the
Parties on the matters covered. No other agreement, statement or promise made by any Party or by
any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be
binding. Neither this Agreement nor any provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by the party aga;nst which enforcement of
/'¡É V£ /1- ~ '1
.._----- --.------- --.---..---.
~) such amendment, waiver, or discharge is sought.
17. Governing LawN enue.
This Agreement has been executed in and shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of California, and if
applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City ofChula Vista.
18. 1nvalidity.
If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
19. Waivers.
The waiver by one Party of the performance of any covenant, condition or promise shall not
invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant,
condition or promise. The waiver by either or both Parties of the time for perfoITlling any act shall
not constitute a waiver of the time for performing any other act or an identical act required to be
perfonned at a later time. The exercise of any remedy provided in this Agreement shall not be a
waiver of any consistent remedy provided by law, and any provision of this Agreement for any
remedy shall not exclude other consistent remedies unless they are expressly excluded.
20. Condemnation.
If the Subject Premises or any portion thereof are taken under the power of eminent domain,
or sold under the threat of the exercise of said power (all of which are herein called
"condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever first occurs.
21. Waiver of Relocation and Owner Participation Rights.
County hereby waives any and all rights to relocation benefits and/or owner participation
which might otherwise arise in connection with City's future use ofthe Premises including, without
limitation, such rights arising under the California Health and Safety Code and Government Code
and any and all other federal, state, or local laws, regulations or provisions which might otherwise
afford County such rights.
(End of page. Next page is Signature Page.)
9
/71 ~/ II"
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..-.-.....---.-.-..... -.--....... ......-.-.. .--_...
. SIGNATURE PAGE TO LEASE AGREEMENT
¡ .. / BETWEEN THE CITY OF CHULA VISTA
. ,"
AND COUNTY OF SAN DIEGO
CITY OF CHULA VISTA COUNTY OF SAN DIEGO
By:
Steve Padilla, Mayor Clerk, Board of Supervisors
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM BY
Ann Moore
City Attorney
Exhibit I Locater Map
Exhibit 2 Legal Description Leased Premises to County
Exhibit 3 Legal Description City Site
Exhibit 4 Legal Description Reciprocal Access Easement
Exhibit 5 Site Plan
C:\Documents and Settings\EIizabeth HulllMy DocumentslBonita Library Lease 11 25 03 fllla1.doc
10
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) COUNTY LIBRARY PARCEL
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACroN, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY II, 1869, MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 30,1972 AS FILED NO. 231593; THENCE NORTH 75°03'14"
EAST 178.10 FEET; THENCE SOUTH 06°44'19" EAST 192.39 FEET; THENCE
NORTH 83°15'41" EAST 17.92 FEET; THENCE SOUTH 06°44'19" EAST 180.00
FEET TO A POINT ON THE NORTHERLY RIGHT-Of-WAY LINE OF THE 50.00
FOOT HALF WIDTH SIDELINE OF BONITA ROAD PER STREET V ACA TION BY
THE CITY OF CHULA VISTA RESOLUTION 6514 DATED JULY 18, 1972, fILED
IN THE OFFICE OF SAID COUNTY RECORDER AUGUST 14, 1972 AS FILE NO.
213693, SAID SIDELINE BEING AN 850.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERL Y, A RADIAL BEARS SOUTH 00°20'45" WEST THROUGH SAID
POINT; THENCE WESTERLY ALONG SAID SIDELINE OF BONITA ROAD
ALONG SAID 850.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF
09°00'13" AN ARC DISTANCE OF 133.57 FEET; THENCE CONTINUING ALONG
SAID BONITA ROAD SIDELINE, TANGENT TO SAID 850.00 FOOT RADIUS
CURVE, NORTH 80°39'08" WEST 149.85 FEET TO A POINT ON THE WESTERLY
LINE Of SAID PARCEL 2 OF PARCEL MAP 958; THENCE ALONG SAID
WESTERLY LINE NORTH 09°22'30" EAST 290.04 FEET TO SAID POINT OF
BEGINNING.
/'
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1/1' 4t"" 7'
) WETLANDS EASEMENT
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NAcrON, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
- CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNED OF PARCEL 2 OF PARCEL MAP
NO. 985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 30, 1972 AS FILED NO. 231593; THENCE NORTH 75°03'14"
EAST 38.00 FEET; THENCE SOUTH 18°00'30" WEST 44.15 FEET; THENCE
SOUTH 01 °02'45" EAST 88.46 FEET; THENCE SOUTH 67°22' II" WEST 9.43 FEET;
THENCE SOUTH 00°50'39" WEST 60.67 FEET; THENCE NORTH 88°13'11" WEST
45.40 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE NORTH 09°22'30" EAST 186.00 FEET
TO SAID POINT OF BEGINNING.
1I~5'f
~
) RECIPROCAL ACCESS EASEMENT
.~""..
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AUGUST 30, 1972 AS FILE NO. 231593; THENCE NORTH 75°03'14"
EAST 306.55 FEET; THENCE SOUTH 14°09'00" EAST 178.16 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 14°09'00" EAST, 24.01
FEET; THENCE SOUTH 77°31'52" WEST 81.71 FEET TO THE BEGINNING OF A
TANGENT 10.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
84°16'11" AN ARC DISTANCE OF 14.71 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 06°44'19" EAST 165.14 FEET TO THE BEGINNING OF A
TANGENT 120.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
SOUTHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
05°25'16" AN ARC DISTANCE OF 11.35 FEET TO A POINT ON THE NORTHERLY
RIGHT-Of-WAY LINE OF THE 50.00 FOOT HALF WIDTH SIDELINE OF BONITA
ROAD PER STREET V ACA nON BY THE CITY OF CHULA VISTA RESOLUTION
NO. 6514 DATED JULY 18, 1972, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AUGUST 14, 1972 AS FILE NO. 213693
SAID SIDELINE BEING ON AN 850.00 RADIUS CURVE CONCAVE
NORTHEASTERL Y, A RADIAL BEARS SOUTH 02°39'55" EAST THROUGH SAID
POINT; THENCE WESTERLY ALONG SAID SIDELINE OF BONITA ROAD
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°41'47" AN ARC
DISTANCE OF 40.00 FEET TO A POINT OF CUSP WITH AN 80.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; A RADIAL TO SAID POINT BEARS NORTH
55°40'56" EAST; THENCE NORTHERLY ALONG SAID 80.00 FOOT RADIUS
CURVE THROUGH A CENTRAL ANGLE OF 05°25'15" AN ARC DISTANCE OF
7.57 FEET; THENCE TANGENT TO SAID CURVE NORTH 06°44'19" WEST 159.12
FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 59°56'03" AN ARC DISTANCE OF
10.46 FEET; THENCE NORTH 06°44'19" WEST 5.23 FEET; THENCE SOUTH
83°15'41" WEST 17.92 FEET; THENCE NORTH 06°44'19" WEST 18.99 FEET TO A
LINE WHICH BEARS SOUTH 77°31 '52" WEST FROM SAID TRUE POINT OF
BEGINNING; THENCE NORTH 77°31'52" EAST, 150.87 FEET TO SAID TRUE
POINT OF BEGINNING.
)/-55
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED IN SUBSTANTIALLY FINAL FORM
BY THE CITY ATTORNEY'S OFFICE AND WILL BE
FORM ALL Y SIGNED UPON AFPROV AL BY
THE CITY COUNCIL
~..M( æ:~ ¡iuq
Ann Mo
CIty Attorney
Dated: /.;Jj/.:;l !r:)3
Agreement between the City ofChula Vista The Bonita Centre, LLC
Regarding construction of improvements related to the
Bonita Branch County Library and Historical Museum
Public Safety Center
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) Traffic Signal Installation
Funding and Improvement Agreement
This Traffic Signal Installation Funding and Improvement Agreement
("Agreement") is entered into between the City ofChula Vista, a municipal corporation
("City") and Bonita Centre, LLC ("Bonita Centre"). City and Bonita Centre whenever
referenced collectively shall be referred to as Parties. This Agreement is made with
reference to the following recitals:
RECITALS
Whereas, the City and County of San Diego entered into a Letter ofIntent expressing
their desire to construct a branch public library on City property located on the City
owned lot immediately and adjacent to the Chula Vista Municipal Golf Course located at
4475 Bonita Road ("Library"); and
Whereas, Bonita Centre LLC owns the real property located at 4400 Bonita Road
("Bonita Centre"); and
Whereas, the Parties desire to improve the traffic flow in the area of the Library and
Shopping area by installing a new traffic signal and related improvements at the
intersection of Bonita Road and the access to the Library and Bonita Centre
("Improvements"); and
Whereas, the Parties believe the improved traffic flow will be beneficial to both the
Library and Bonita Centre and would like to jointly fund the installation of said traffic
signal and related improvements.
NOW, THEREFORE, in consideration of the Recitals and mutual obligations of the
Parties herein expressed, City and Bonita Centre agree as follows:
AGREEMENT
I. Obligation to Cause Construction. Subject to the tenns of this Agreement,
City shall cause the Improvements to be constructed.
2. Type of Improvements. The project involves the installation of a traffic signal
and associated improvements at the intersection of Bonita Road and the Bonita
Shopping Center westerly driveway. Traffic Signal System installation work
would include the installation oftraffie signal standards, mast anTIS, signal Light
Emitting Diode (LED) indications, detector loops, wiring, video detection system,
conduits, luminaires, pull boxes, internally illuminated street name sign (IlSNS),
signal controller and cabinet, meter pedestal with Unintenuptible Power Supply
(UPS), and Emergency Vehicle Preemption (EVPE).
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.---.___H ..___m... --~~-------
The associated improvements include the widening of the shopping center
driveway and the installation of a raised median on Bonita Road as shown on the
attached plat. These improvements are necessary to provide for improved
circulation of traffic accessing the library and shopping center. More specifically,
these improvements include the installation of curb, gutter, sidewalk, street lights,
pedestrian ramps installation of concrete and other improvements as shown on the
attached plat.
3. Total Construction Cost of Traffic Signal. The total cost for the construction
and delivery of the Improvements shall consist of all direct and indirect costs
incurred by City, or City's designee, in order to cause construction and
operation of the Improvement.
3.1 Bonita Center shall provide $75,000 to be used for the cost of design,
installation, and constmction of the Improvements. Said funds shall be
delivered to City no later than 5:00 p.m. on January 30, 2004.
3.2 City shall provide the balance of the funds necessary for the design,
installation and constmction of the Improvements, estimated to be Two
hundred twenty-five thousand dollars ($225,000).
4. Record Keeping. City, or City's designee, shall keep records of the costs of
constructing the Improvements ill accordance with the City's general
accounting practices and procedures.
5. Reimbursement of Bonita Centre. Bonita Centre shall be entitled to
reimbursement for the prorata share of the cost for the design, installation, and
construction of the Improvements if said Improvements are completed for less
than $ I 50,000.
6. Assignment. Bonita Centre hereby agrees that the obligations, rights and
duties of City may be assigned.
7. Attorneys' Fees and Costs. The prevailing party in any action or proceeding,
including arbitration or declaratory relief, arising from this Agreement shall
be entitled to reasonable attorneys' fees and cost incurred therein.
8. Tennination. This agreement is contingent upon the County proceeding to
construction with the Library. lfthe County fails to obtain a building permit
for a branch library at this location within one year trom the date upon which
the proposed Library has received all required entitlements, this Agreement
may be terminated by either Party and all funds deposited pursuant to Section
3 above shall be returned the Parties.
9. Time of Essence. Time is of the essence ofthis Agreement and all provisions
hereof.
) /. R
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) 10. Covenant of Good Faith, Fair Dealing, and Cooperation. The Parties shall take
no action which prevents or hinders the other party's performance of its
obligations created by this Agreement, or which deprives the other party of
the benefits hereof. The Parties shall act in good faith in performance of their
obligations, and shall assist and reasonably cooperate with each other in the
perfonnance of this Agreement and in executing such documents and
performing such acts as are necessary to fulfill this Agreement.
II. Notices. Any demand upon or notice required or permitted to be given byone
party to the other party shall be irl writing. Except as otherwise provided by
law, any demand upon or notice required or permitted to be given by one
party to the other party shall be effective (i) immediately upon personal
delivery, (ii) on the second business day after mailing by certified or
registered U.S. Mail, return receipt r~quested, or (iii) on the business day after
mailing by Express Mail or after deposit with a private deli vel)' service of
general use, postage or fee prepaid as appropriate, addressed as shown below:
¡fto City: City Manager
City OfChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
619-691-5031
¡fto Bonita Centre:
John S. O'Meara, Manager
Bonita Centre LLC
567 San Nicolas Drive, Suite 207
Newport Beach, CA 92660
949- 760-2776
12. Entire Agreement. This Agreement, and the exhibits and recitals irlcorporated
herein, fully express the understandings of the parties concerning the matters
covered herein. No change, alteration or modification of the terms or
conditions of this Agreement, and no oral understanding of the parties, their
officers, agents or employees, shall be valid unless made in a writing signed
by both Parties.
13. No Waiver. No failure of the Parties 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. No waiver of any breach shall affect or alter this
Agreement. Each and eveI)' covenant, condition and term hereof shall
continue in full force and effect notwithstanding any existing or subsequent
breach.
/ / ' 51
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14. Severalibity. The uneforceability, invalidity or illegality of any provision of
this Agreement shall not render any other provision of this Agreement
unenforceable, invalid or illegal.
15. Municipal Powers. Nothing contained in this Agreement shall be construed as
a limitation upon the powers of the City as a chartered city of the State of
California. Bonita Centre hereby acknowledges and agrees that City retains
its full and so]e discretion as to any and all matters which it is, by law, entitled
or required to exercise its discretion.
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~) Signature Page to
Traffic.8ignal Installation
Funding and Improvement Agreement
City of Chula Vista
Steve Padilla
Mayor
Attest:
City Clerk
Approved as to form by
Ann Moore
City Attorney
//* (PI
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---~.~.._~_...- _____n__u --
OE(.112003 3: 39 PM LEGAL DEPARTMENT NO. 5ó 71 P 2/3
<) -
lee
,;
American Golf Corporation~
December 11 , 2003
Ms. Elizabeth Wagner Hull
Deputy City Attorney
City of Chura Vista
276 Fourth Avenue
Chula Vista, CA 91910
By Facsimile (619) 409-5884 and Regular Post
Re: Chula Vista Municipal Golf Course/Library and Museum Project
Dear Elizabeth:
I am writing to follow on your letter dated November 25,2003 and our conversation
yesterday pertaining to the proposed library and museum project (the Project), and the
design and construction of attendant improvements. American Golf operates the City's
municipal golf course that will be located adjacent to the Project and a portion of the
Project's parking facility. The issues relating to the operation of the golf course in
connection with the Project are changes to the parking facility and the leasehold
interest, netting to prevent errant golf balls from entering the Project and its parking
facility, an Indemnity and hold harmless running to the City and American Golf with
respect to errant golf balls and drainage along the first fairway. There was also a
discussion concerning maintaining design consistency of the landscaping and signage
between the Project and the golf course.
With respect to the proposed changes to the golf course's parking facility as depicted in
the plans attached to your November 25 letter. and the resulting change in American
Golf's leasehold interest, American Golf accepts such changes and is prepared to
execute appropriate d",finitive agreements documenting same. The agreement will
reflect that gaff course patrons and employees will have continuing access to the golf
course parking facility during construction. American Golf would also recommend that
the parking facilities and signage for the golf course and the Project be consistent from
an aesthetic point of view.
O:IMorkILetters& MemosIHull-ChulaVls\. L;bral'j Plan 12-11-O3.doc /I-Í¿;d
295-1 - 28th SUcot . Saot, Monico, Califernla 90405 . Tel 13101 664-4000 . www.olT1oric."qolf.com
,,~ ,
.------ ----- -----.
JEC, 112003 3: 39PM LEGAL DEPARTMENT NO.5 6 71 P 0"
)')
Ms. Elizabeth Wagner Hull
December 11, 2003
Page 2
.,
As I mentioned in our conversation yesterday, American Golf will be pleased to review
the proposed plans of the netting along the first fairway that will be designed to prevent
errant golf balls from entering the Project. Our Regional Superintendent and Director of
Maintenance will assist the City and County in this regard. I have reviewed the
indemnity offered by the County to the City with respect to the operations of the golf
course. We would suggest that in addition to the indemnity running to the City. the
City's Lessee be included as an indemnified party. Alternatively. American Golf would
offer to the County a separate, Golf Play Easement that contains similar hold harmless
provisions. Please let me know how you would recommend proceeding in this regard.
During our conversation different drainage plans were discussed. including running
drainage under the first fairway. We also discussed the change in the permeability of
the lot once the Project is constructed. We look forward to participating with the City
and County in the drainage design.
Please let me k~ow if you need anything fu rther from American Golf at this stage of the
Project's development. I look forward to working with you as when we get to the
definitive agreements.
Regards. ..,
Ameri~1n,~r~ration
M~rk ~.~ F~I~-
Gene,:' Counsel
cc: Brian Jackson, Regional Director
O:\M.rk\Lelter~& MemGs\Hull.ChuiaVisla Library Plan 12., 1-O3.dGC
AMfRrCANC¡OLF CORPORATION. 295, - 28111 Stroet . Sonto Menioa. California 90405 . Telepho"e 13101 664-dOOO
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- Planning & Building Department
CI1Y OF Planning Division I Development Processing
) CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to CouncH Policy 101-01. prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula VIsta election must be filed. The following information
must be disclosed:
1. Us! the names of all persons having a financial Interest In the property that Is the subject of the application or the
contract, e.g.. owner, applicant, co~~, subcontractor, material supplier.
.c,1~ .F c.l¡,, 1f. VI~1'" (owM1"')
c,u..-c..,.f ÇAtI ÞI~~" O~HSt)
2. If any person" Identified pursuant to (1) above Is a corporation or partnership, list the names of alii ndivlduals with
a $2000 Investment in the business (corporation/partnership) entity. ".
JJJA
3. If any persOI'l' identified pursuant to (1) above Is a nol'l-profit organl:ætion or trust, list the names of any person
sarvil'lg as director of the I'lon-profit organization or as trustee or beneficiary or trustor of the trust.
",/".
4. Please identify every person, including any agents, employees. consultants, or independel'lt contractors you have
assigned 10 represent you before the City In this matter.
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5. Has any person' associated with this contract had any financial dealings with an official- of the City of Ghula
Vista as It relates to this contract within the past 12 months. Yes- No V"
If Yes, briefly describe the nature of the financial interest the offlciar' may have In this contract.
¿J.,Mr
6. Have you ~ade a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula VIsta GUy Council? No ðes - If yes, which Council member?
"'I"
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276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691.5101
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-------------- -----------
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:---~- Planning Building
- & Department
mY Of Planning Division I Development Processing
,. CHUIA VISTA
~W
APPLICATION APPENDIX B
Disclosure Statement - Page 2
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 (, months? (This Includes being a source of income, money to retire a legal debt, gift. loan, etc,)
Yes- No-
If Yes, which official.. and what was the nature of item provided?
II/It'
Date: 10. f". ,,') n.-:, p ~
Signature of Contractor! pplicant
DElv,/) fF~,F~ Print or
type name of ContractorfApplicant
. Person is defined as: any indMdual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, distric~ or other
political subdivision, -or any other group or combination acting as a unit,
.. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members,
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276 Fourth Avenue I Chula Vista I California I 91910 I (¡'19) ¡'91-51 01
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RESOLUTION NO. 2003- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE COUNTY OF SAN
DIEGO FOR LEASE OF APPROXIMATELY 1.55 ACRES OF
LAND FOR THE CONSTRUCTION AND OPERA nON OF
THE BONITA BRANCH COUNTY LIBRARY AND
HISTORICAL MUSEMIPUBLIC SAFETY CENTER, AND
APPROPRIATING FUNDS THEREFORE.
WHEREAS, the City owns certain property, including approximately 1.55 acres of land
and all improvements located upon the property, at Bonita Road adj acent to and west of Chula
Vista Municipal Golf Course parking lot in the City of Chula Vista (as diagrammatically
represented on Exhibit I); and
WHEREAS, the County desires to lease said property and to construct certain
improvements thereto in order to establish the San Diego County Library - Bonita Branch and
Bonita Historical MuseumlPublic Safety Center; and
WHEREAS, City has detennined that locating a library on the identified site will assist in
meeting the need for library services needs of the citizens in the sUiTOunding area; and
WHEREAS, the City and County entered into a non-binding Letter of Intent, dated
March 11, 2003, approved by the County on March 11,2003 and adopted by City Resolution
2003-091, declaring their intention to pursue locating a branch County library on this site; and
WHEREAS, City desires to lease said property to County for said purpose; and
WHEREAS, the lease provides for the County to construct, at City's cost, certain
improvements on the adjacent City retained land; and
WHEREAS, such improvements on the City retained land include an enhanced signalized
intersection, drainage, and paving for parking purposes; and
WHEREAS, said improvements are estimated to cost $550,000; and
WHEREAS, on October 15,2003 a duly verified application was filed with the City
Planning and Building Department by the County Department of General Services, requesting
approval of a Conditional Use Pennit to allow the construction and operation of a 10,050 square
foot Branch Public Library and 4,400 square foot Historical MuseumlPublic Safety Center, and
56 space parking lot; and,
WHEREAS, the development of the Project Site has been the subject matter ofa
Mitigated Negative Declaration (Bonita/Sunnyside Library, Project # KL9540) previously
adopted on December 9,2003 by the County Board of Supervisors, the lead agency pursuant to
the California Environmental Quality Act; and
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WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA), and has detennined that
the proposed project was adequately covered in the previously adopted Mitigated Negative
Declaration for the Bonita/Sunnyside Brach Library, Project # KL9540(adopted December 9,
2003, by the County Board of Supervisors). Thus, no further environmental review or
documentation is necessary; and
WHEREAS, the City Council considered all reports, evidence, and testimony presented
with respect to subject agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Lease Agreement between the City and the County, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby grant the City Manager
the authority to approve up to one ten-year extension of said Lease Agreement.
BE IT FURTHER RESOLVED that the City Council does hereby appropriate $250,000
from the available balance of the General Fund for the costs associated with the City funded
improvements identified in said Lease Agreement.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Lease Agreement for and on behalf of the City of Chula Vista.
Presented by
James D. Sandoval
Director of Planning and Building
H:\anomcyIBomb Library lea," agreement ",:>".doc
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RESOLUTION NO. 2003- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE BONITA CENTRE,
LLC, REGARDING CONSTRUCTION OF IMPROVEMENTS
RELATED TO THE BONITA BRANCH COUNTY LffiRARY
AND HISTORICAL MUSEUM/PUBLIC SAFETY CENTER,
AND APPROPRIATE FUNDS THEREFORE.
WHEREAS, the City and County of San Diego desire to enter into a Lease Agreement, to
construct a branch public library and historical museum/public safety center, on City property
located on the north side of Bonita Road, west ofthe Chula Vista Municipal Golf Course
Clubhouse ("Library"); and
WHEREAS, on October 15,2003 a duly verified application was filed with the City of
Chula Vista Planning and Building Department by the County of San Diego, Department of
General Services, requesting approval of a Conditional Use Permit to allow the construction and
operation of a 10,050 square foot Branch Public Library and 4,400 square foot Historical
Museum/Public Safety Center, and 56 space parking lot; and,
WHEREAS, the development of the Project Site has been the subject matter ofa
Mitigated Negative Declaration (BonitaJSunnyside Library, Project # KL9540) previously
adopted on December 9, 2003 by the County Board of Supervisors, the lead agency pursuant to
the California Environmental Quality Act; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA), and has determined that
the proposed project was adequately covered in the previously adopted Mitigated Negative
Declaration for the BonitaJSunnyside Brach Library, Project # KL9540 (adopted December 9,
2003, by the County Board of Supervisors). Thus, no further environmental review or
documentation is necessary; and
WHEREAS, the City Council oftbe City ofChula Vista will hold an advertised public
hearing to consider the Conditional Use Permit on December 16,2003, and consideration of a
Traffic Signal Installation Funding and Improvement Agreement with Bonita Centre, LLC
(Agreement), Lease Agreement with the County of San Diego; and
WHEREAS, Bonita Centre LLC owns the real property located at and adjacent to 4404
Bonita Road ("Shopping Center"); and
WHEREAS, the City and Bonita Centre desire to improve the traffic flow in the area of
the Library and Shopping area by installing a new traffic signal and related improvements at the
intersection of Bonita Road and the access to the Library and Shopping Center"; and
WHEREAS, the City and Bonita Centre believe the improved traffic flow will be
beneficial to the City, County Library and Shopping Center, and the City and Bonita Centre
would like to jointly fund the installation of said traffic signal and related improvements; and
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.-------- -----
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve in substantially final fonn and subject to review by the City Attorney
an Agreement between the City of Chula Vista and Bonita Centre LLC for installation of the
improvements, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED, that the City Council does hereby appropriated $225,000
from the available balance of SLTPP Transportation Partnership Fund (#735) and $75,000 from
the available balance of the Traffic Signal Fund (#225).
Presented by Approved as to fonn by
~¡Ír~
James Sandoval An oore
Director of PI arming and Building C ty Attomey
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RESOLUTION NO.
RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION AND OPERA nON OF THE BONITA BRANCH
COUNTY LIBRARY AND HISTORlCAL MUSEUMIPUBLIC SAFETY
CENTER.
!. REClT ALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and for the purpose of general description,
herein consists of 65,883 square feet (1.55 acres) located adjacent to 4475 Bonita Road
("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on October I 5,2003 a duly verified application was filed with the City ofChula
Vista Planning and Building Department by the County of San Diego, Department of
General Services, ("Applicant") requesting approval of a conditional use pennit to allow the
construction and operation of a 9,900 square foot Branch Public Library and 4,400 square
foot Historical Museum/Public Safety Center, and 56 space parking lot ("project"); and,
C. Lease Agreement
WHEREAS, on - 2003, the City ofChula Vista (City) and the County of San Diego
(County) entered into a lease agreement wherein the City agrees to lease the Project Site to
the County for the construction and operation of the project, and said lease agreement was
approved by the County on December 9,2003; and,
D. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of a
Mitigated Negative Declaration (Bonita/Sunnyside Library, Project # KL9540) previously
adopted by the County on December 9, 2003; and
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
December 10, 2003, and after staff presentation and public testimony, voted ----- to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and,
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Resolution
Page 2
E. City Council Record of Applications
WHEREAS, the City Clerk set the time and place for a hearing on said Conditional Use
Permit application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10
days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely December 16,
2003 at 6:00 p.m. in the Council Chambers, 276 Fourth A venue, before the City Council and
said hearing was thereafter closed; and,
WHEREAS, the City Council considered all reports, evidence, and testimony presented at
the public hearing with respect to subject application.
NOW THEREFORE BE IT RESOLVED, that the City Council hereby finds, determines and
resolves as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on December 10,2003, and the minutes and resolutions resulting
there from are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the proposed project was adequately covered in the previously adopted Mitigated
Negative Declaration for the Bonita/Sunnyside Brach Library, Project Number Kl9540
(adopted December 9,2003, by the County of San Diego Board of Supervisors, the lead
agency for this project under CEQA). Thus, no further environmental review or
documentation is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the proposed project has been reviewed in accordance with the
California Environmental Quality Act, and the Environmental Review Procedures of the City
ofChula Vista, and has determined that the proposed project was adequately covered in the
/'1+7 /I' 'iI
Resolution
Page 3
previously adopted Mitigated Negative Declaration for the Bonita/SUlll1yside Brach Library,
Project Number KL9540 (adopted December 9, 2003, by the County of San Diego Board of
Supervisors, the lead agency for this project under CEQA), and as such reflects the
independent judgment of the City Council of the City ofChula Vista.
V. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FINDS AS
FOLLOWS:
THAT THE PROOSED USE AT THIS LOCATION IS NECESSARY OR DESIRABLE TO
PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL
WELL BEING OF THE NEIGHBORHOOD OR THE COMMUNITY
Approval of the project will allow the applicant to provide a higher level of essential
public services to the community, including library services, a community meeting room,
and a local history museum. The facility will be an important architectural and civic
landmark for the Bonita community. Its location is desirable for provision of public
services because the site is in a highly visible and conveniently accessible location.
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 IMPROVEMNENTS IN THE VICINITY
The project will provide improvements that will ensure that auto and pedestrian traffic flows
smoothly in an out of the site, including adequate off-street parking, a realigned shared
driveway access with the adjacent Municipal golf course, a new traffic signal, and a
pedestrian trail connection. The architectural and landscape design is subject to review and
approval by the City Zoning Administrator, to ensure that it will be compatible with that of
the surrounding community. Safety improvements have been built into the project to
minimize potential safety impacts from the project's adjacency to the golf course. The hours
of operation ofthe project will be similar those of the adjacent commercial and recreational
uses. Thus, the project will be compatible with the surrounding neighborhood., and wíl1 not
be detrimental to the health, safety, and general welfare ofthe persons residing and working
in the vicinity-
THAT THE USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS
SPECIFIED IN THE CODE FOR SUCH USE.
The use is consistent with the requirements of the Visitor Commercial Zone, and project
conditions of approval require the operation to be in continuing compliance with all
applicable city codes and regulations.
THA T THE GRANTING OF THE CONDITIONAL USE PERMIT WILL NOT AD VERSELY
/ ¡. rid--
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Resolution
Page 4
AFFECT THE GENERAL PLAN OF THE CITY OR THE ADOPTED PLAN OF ANY
GOVERNMENTAL AGENCY.
The project will not adversely effect implementation of the General Plan and will not alter
the land use pattern of the area because the proposed public facility use is permitted in the
commercial general plan and zoning designation for the site, upon approval of a
Conditional Use Permit.
VI. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL IN LIGHT OF THE
FINDINGS ABOVE, hereby grants approval of the Conditional Use Pennit subject to
compliance with the following conditions of approval:
1. Provide written evidence to the Director of Planning and Building by June 15, 2004,
that the applicant has implemented, or caused the implementation of all mitigation
measures and critical project design elements pertaining to the Project identified in
Mitigated Negative Declaration (M.N.D.)for the Bonita/Sunnyside Branch Library,
Project Number KL9540, as adopted on December 9,2003 by the County of San Diego
Board of Supervisors. Any such measures not satisfied by a specific condition of this
Conditional Use PeITnit approval shall be implemented to the satisfaction of the
Director of Planning & Building. Mitigation Measures shall be monitored via the
Mitigation Monitoring and Reporting Program approved in conjunction with the
above-referenced M.N.D.
2. Comply with requirements of the Chula Vista Fire Department Standard Operating
Guidelines and other project-related Fire Department requirements, prior to the
delivery of combustible materials to the site and prior to approval of construction
drawings, to the satisfaction ofthe City Fire Marshall.
3. Obtain approval of grading and improvement plans to the satisfaction of the City
Engineer by March 16,2004.
4. Obtain City approval of detailed landscaping, irrigation and water management plans
by June 15, 2004, which shall include the following:
a.) Details of the pedestrian/equestrian trail connection, including drainage across the
trail;
b.) Submit separate landscape plans on City "0" sheets for areas maintained by the
City;
c.) Plans should clearly identify and differentiate areas maintained by the City vs.
areas maintained by the County.
d.) Plans should reflect approved site improvements, grading and boundaries.
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Resolution
Page 5
The following conditions of approval will remain in effect after use or occupancy of the project
has commenced:
5. Hours of operation shall be as follows:
Mondays, Tuesdays, Wednesdays, Thursdays and Fridays: 10 am to 9 pm;
Saturdays and Sundays 9 am to 5 pm; 7 days a week.
6. Comply with all applicable City ordinances, standards, and policies except as otherwise
provided in this Resolution. Any violation of City ordinances, standards, and policies,
or any condition of approval of this Conditional Use Permit, or any provision of the
Municipal Code, as determined by the Director of Planning and Building shall be
sufficient grounds for revocation or modification of this Conditional Use Permit by the
City ofChula Vista.
7. This permit shall be subject to any and all new, modified, or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which City shall impose after advance written notice
to the permittee and after the City has given to the permittee the right to be heard with
regard thereto. However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive permittee of a substantial revenue source,
which the permittee can not, in the nonnal operation ofthe use permitted, be expected
to economically recover.
8. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this Conditional Use Permit, provided the
City promptly notifies the Applicant of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense.
9. This Conditional Use Permit shall become void and ineffective ifnot utilized within
one year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code.
10. The property owner and Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant 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 sale expense of the Applicant, and a signed stamped copy returned to the Planning
/4.~ /1'7'1
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Resolution
Page 6
and Building Department. Failure to return a signed copy and stamped copy of this
recorded document within thirty days of recordation to the Planning and Building
Department shall indicate the applicant's desire that the Project be held in abeyance
without approval. Said document shall also be on file in the City Clerk's office and
known as Document No. -
Signature of Representative of Property Owner Date
Signature of Representative of Applicant Date
YIll. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition all certificates or 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. No vested rights are
gained by Developer or a successor in interest by the City's approval of this Resolution.
IX. INY ALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision, and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
ß:LÞL !J~~ )/aU
James Sandoval An oore 0
Director of Planning and Building City Attorney
(H: IP ¡ann inglRic hardZIPccû4- 2 7Cup-cc Reso.doc)
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SWEETWATER
REGIONAL
PARK
CHULA VISTA
MUNICIPAL
GOLF COURSE
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION,
C) APPLICANT: BONITA/SUNNYSIDE CONDITIONAL USE PERMIT
BRANCH LIBRARY
:~~Ws: ~~",;';~i~~lt G.;1~té'~u~:. ~~u"~~~~~ Request Proposing: New County of San Diego Branch Library
with community m6ðting room and local history musem.
SCAlE: I FI.ENUMBER, Exhibit A
NORTH No Scale PCC-O4-Q27
j:\cherylcllocatorsUocators04\pcc04027.cdr 11.26.03 /4~2d- / / ~i çø
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $250,000.00 FOR THE
CONSTRUCTION OF A TRAFFIC SIGNAL, PARKING LOT,
TRAIL, AND DRAINAGE IMPROVEMENTS FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND
RESERVE, AND 5225,000.00 FROM THE AVAILABLE
BALANCE OF THE SLTPP TRANSPORTATION
PARTNERSHIP FUND, AND $75,000.00 FROM THE
A V AILABLE BALANCE OF THE TRAFFIC SIGNAL FUND
FOR A TRAFFIC SIGNAL AND ASSOCIATED
IMPROVEMENTS, NEEDED FOR THE CONSTRUCTION OF
THE BONITA BRANCH COUNTY LIBRARY AND
HISTORICAL MUSEM/PUBLIC SAFETY CENTER, AND
ESTABLISHING A NEW CAPIT AL IMPROVEMENT
PROJECT TITLED "BONITA LIBRARY IMPROVEMENTS"
(GG-184).
WHEREAS, the City of Chula Vista (City) owns certain property, including all
improvements located upon the property, at Bonita Road adjacent to and west of Chula Vista
Municipal Golf Course parking lot in the City (as diagrammatically represented on Exhibit I);
and
WHEREAS, the City and County of San Diego (County) have detennined that locating a
library on the identified site will assist in meeting the need for library services needs of the
citizens in the surrounding area; and
WHEREAS, on December 9, 2003, the County approved an agreement with the City
(Exhibit 2), to lease said property and construct certain improvements thereto in order to
establish the San Diego County Library - Bonita Branch and Bonita Historical Museum/Public
Safety Center; and
WHEREAS, the development of the Project Site has been the subject matter ofa
Mitigated Negative Declaration (Bonita/Sunnyside Library, Project # KL9540) previously
adopted on December 9,2003 by the County Board of Supervisors, the lead agency pursuant to
the California Environmental Quality Act; and
WHEREAS, on December 16,2003, the City Council conditionally approved, subject to
future appropriation, the lease agreement with the County (Exhibit 2), adopted by City
Resolution 2003-503, and approved a Conditional Use Pennit to a]]ow the construction and
operation of a 10,050 square foot Branch Public Library and 4,400 square foot Historical
Museum/Public Safety Center, and 56 space parking lot, adopted by City Resolution 2003-504;
and,
WHEREAS, the cost for grading, trail, and drainage improvements for the project is
5>250,000.00, which wi]] be paid from the General Fund Reserve, and the cost of traffic signal
and related improvements is 5300,000.00, of which $225,000.00 from the SLTPP Transportation
Partnership Funds (#735), and $75,000.00 from the Traffic Signal Funds (#225).
11-7'/
.-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the resolution appropriating $250,000.00 from the available balance of
the General Fund Reserve, and $225,000.00 from the available balance of the Transportation
Partnership Fund and $75,000.00 from the available balance of the Traffic Signal Fund, to
construct necessary improvements needed for the San Diego County Library - Bonita Branch
and Bonita Museum. A new capital improvement project, titled "Bonita Library Improvements"
with a project number of GG-184 will be created to accomplish this project.
Presented by Approved as to fonn by
James Sandoval
Director of Planning and Building
J.Atto,""cy/Re>o/c,na""/Bo,,," L,b,m'y
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-..- -.-------------- ---- - - ---_._-- ------.--
January 13, 2004
From:
Honorable Mayor and City Council
Andy Campbell, Special Consultant ~
To:
Via:
David D. Rowlands, City Manager
Re:
Item 11, Bonita Branch County Library and Historical Museum
This is a status report on the negotiations between the City of Chula Vista and
Bonita Centre, LLC, regarding the agreement to construct a traffic signal and
associated improvements related to construction of the Library. A meeting has
been scheduled for Wednesday, January 14, 2004 at 10 am between City
representatives and Bonita Centre, LLC, to discuss this agreement.
COUNCIL AGENDA STATEMENT
Item~
Meeting Date: 1/13/04
ITEM TITLE: Public Hearing regarding acquisition of certain rights-of-way over portions
of Assessor's Parcel Numbers (APN's) 639-080-21 and 639-080-22 for
construction of "Telegraph Canyon Road Street Widening Project" (CY-
102).
Resolution of the City Council of the City of Chula Vista
detennining and declaring the public interest and necessity for acquiring
and authorizing condemnation and immediate possession of portions of
APN's 639-080-21 and 639-080-22 for the construction of the Telegraph
Canyon Road Street Widening Project (CY-I02) authorizing
condemnation proceedings by outside counsel to acquire said property in
the manner provided by law.
SUBMITTED BY: Director of General serviccs~ J:)-
City Engineer ~
REVIEWED BY: City ManagerÚf'¡)¡J (4/Sths Vote: Yes_K_...No_)
/U'
The widening of Telegraph Canyon Road is onc of the Eastern Chula Vista Traffic Enhancement
Projects previously identified by thc City to help reduce congestion on the arterial roadways
leading to [-805. Design of the widening projcct is currently being proposed after an analysis of
many potential alternativcs. To accommodate the proposed widening, it is necessary to acquire
certain rights-of-way from several of the fronting properties on the north side of Telegraph
Canyon Road.
RECOMMENDATION: That Council:
I. Hold the Public Hearing regarding acquisition of certain rights-of-way over portions of
Assessors Parcel Numbers (APN's) 639-080-21 and 639-080-22 for the construction of
thc Telegraph Canyon Road Street Widening Projcct (CY-102), and
2. Approve the Resolution of Necessity to commence the eminent domain process and
authorize condcmnation proceedings by outside counsel, Linda Bartz & Associates, to
acquire said rights-of-way and to obtain immediate possession of the proper1ies in the
manner provided by law; and
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
The City initiated the Eastern Chula Vista Traffic Enhancement Program in 2001 to identify
traftÏc capacity adding improvements that could be implemented to provide traffic congestion
I .---------.------.-.-
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Page 2, Item: ~
Meeting Date: 1/13/ 4
relief on arterial roadways within Chula Vista. The construction of these facilities will help the
City to maintain the City's Growth Management Threshold Standards and quality of life. The
widening of Telegraph Road was identified as one of the most vital projects in tenus of
congestion relief.
The widening of Telegraph Canyon Road is also a project identified as part of the City's Traffic
Development Impact Fee program. On September 17, 2002, the City Council adopted a
Mitigated Negative Declaration (IS-02-35) and approved an agreement for the financing and
construction of the subject improvements. This agreement obligates four developers to construct
the Telegraph Canyon Road widening at no cost to the City provided findings set forth in Civil
Procedure Code Section 1240.030 are made by the City Council. The City Council is not
obligated by said agreement to adopt the resolution proposed tonight, rather City Council has the
discretion to either adopt or not adopt the resolution based on tonight's proceedings. The
subsequent approval by the City Council of the Monitoring Agreement in April 2003 set forth
certain time frames for the construction of the improvements to assure timely completion of the
widening. Again, the City Council is not obligated by said agreement to adopt the resolution
proposed, rather City Council has the discretion to either adopt or not adopt the resolution based
on tonight's proceedings.
The design of the project is nearing completion and involves the widening of westbound
Telegraph Canyon Road from approximately 800 feet west of Crest Drive to the I-80S
northbound ramp in order to add one westbound lane. Once completed this project will provide
for 4 westbound lanes, two mandatory right-turn lanes onto northbound I-80S and two westbound
through lanes. Upon completion, the project will decrease westbound traffic. congestion and
improve traffic flow by increasing roadway capacity thereby assuring that the City's Growth
Management Ordinance traffic thresholds will not be exceeded. This project will also improve
the existing opcrations of several signalized intersections, most notably at the Telegraph Canyon
Road/I-80S northbound ramps from level of service (LOS) E to D during the A.M. peak hour and
at Telegraph Canyon RoadlHalecrest Avenue from LOS D to C during the A.M. peak hour and
from LOS C to B during the P.M. peak hour.
In order to complete the construction of this project as proposed, it is necessary to acquire
pennanent right-of-way and temporary construction easements from the two gas stations on the
north side of Telegraph Canyon Road; one on each side of Halecrest Drive. An independent
appraiser has completed appraisals for each of the properties. Offers in the full amount of the
appraisals have been made to each of the affected property owners. City staff is cuo-ently
working with the property owners in an attempt to acquire the needed portions of these properties
through negotiation. Since construction of this project is crucial to ensuring that existing
roadway capacity is adequate to handle both existing development and previously approved
development and so that growth management thresholds are not exceeded, City staff
recommends that Council authorize the use of the City's eminent domain powers by adopting a
Resolution of Necessity. The adoption of a Resolution of Necessity at this time will allow the
City to obtain timely possession of the needed property in order to begin construction while
negotiations continue with the property owners.
I
Page 3, Item: ~
Meeting Date: 1/13/04
Environmental Review
This roadway widening project will not result in an increase in development east of I-80S beyond
the levels permitted under previously approved plans; therefore, the analysis contained in the
environmental document prepared for this project, Mitigated Negative Declaration IS-02-35,
analyzes the potential environmental impacts that would result from the construction of the
proposed improvements.
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 Telegraph Canyon Road Widening Mitigated Negative Declaration IS-
02-35, adopted September 17, 2002, and that no further environmental review or documentation
is necessary.
PUBLIC HEARING
In order to acquire real property for public purposes, pursuant to Government Code Section
7267.2, the City of Chula Vista must make an offer to purchase the property for an amount
constituting "just compensation". If an agreement for the voluntary purchase of the property
cannot be reached, the City may notice and conduet a public hearing to consider whether to
acquire the property by the exercise of its power of eminent domain. At such hearing, pursuant
to Civil Procedure Code Section 1240.030, the City must find and determine that:
A. The public interest and necessity require the project;
B. The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury;
C. The properties sought to be acquired are necessary for the project; and
D. Offers have been made to the record owners or have not been made because the owners
cannot be located.
Notice of Public Hearing
By letter dated December 10, 2003, City staff notified the property owners of a publie hearing
scheduled for Tuesday, January 13, 2004, at which time the City Council would consider
adopting a Resolution of Necessity for acquisition of portions of their property. The letter
informed the owners of their right to appear and to address the City Council with regard to the
City's right to acquire their property. Responses have been received from Rod Bisharat, owner
APN 639-080-21 (Union 76) and from Mr. Don Detisch, Esq., Attorney for Mr. Don Chrislock
the tenant of APN 639-080-22 (ARCO). Copies of these letters are attached for reference. As of
this date, no written response has been received from the owner of APN 639-080-22.
(
Page 4, Item: ~
Meeting Date: 1/13/04
DETERMINATIONS TO ADOPT A RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF PORTIONS OF THE PROPERTIES IDENTIFIED AS ASSESSOR'S
PARCEL NUMBERS (APN's) 639-080-21 and 639-080-22.
At tonight's hearing the City Council must detern1ine that the four conditions previously
referenced have been met. Provided below is supporting inforn1ation to be considered by the
City Council:
(a) Whether The Public Interest And Necessity Require The Project
The construction of the Telegraph Canyon Road Street Widening Project is crucial to the
existing development east of I-80S and to the continued planned and approved development
in the eastern portion of the City. The existing roadway capacity is not adequate to handle
the traffic volume due to existing development and previously programmed development.
The public interest and necessity require that Telegraph Canyon Road be widened east of 1-
805 in order to reduce existing traffic congestion and to minimize the potential for further
traffic congestion and delays by providing additional capacity for anticipated future traffic
volumes in eastern Chula Vista from currently programmed development. Due to existing
traffic volumes, traffic delays are nearing the capacity of the roadway. The Telegraph
Canyon Road/I-80S northbound ramps intersection currently operates at LOS E during the
A.M. peak hour. It is anticipated that with scheduled development the traffic delays along
this segment of Telegraph Canyon Road will be increased and the operations of the signalized
intersections along this segment will worsen creating excessive delays.
(b) Whether The Project Is Planned Or Located In The Manner That Will Be Most
Compatible With The Greatest Public Good And The Least Private Injury
Alternative alignments were analyzed during the design process. Since anticipated future
traffic volumes necessitate widening of the right-of-way to accommodate an additional lane,
the only option is to acquire land from the north side of Telegraph Canyon Road. Widening
on the south side poses a series of di fficult problems. On the south side of Telegraph Canyon
Road is a residential condominium complex on top of a substantial hill and retaining wall.
This would require the acquisition of residential land and the construction of a new retaining
wall approximately twice as high as the existing wall. Further, this alternative would
compromise the geometry of the roadway. Since it is a westbound lane that needs to be
added, widening on the south (eastbound) side would create a misalignment with the I-80S
underpass through lanes. In an attempt to minimize impacts to the two parcels located along
the north side of Telegraph Canyon Road, the proposed alignment shifts the westbound lanes
to the south including a southward shift and a narrowing of the eastbound-to northbound left-
turn lane onto Halecrest Drive. In addition, by opting to widen on the north (westbound) side
of Telegraph Canyon Road and reconstructing the existing median to the south, and
narrowing the east bound number I through-lane, a more desirable alignment is achieved
while minimizing the amount of private land to be acquired. The eastbound number 2 and
number 3 through-lanes remain unchanged in the vicinity of these two parcels. The number I
-.-.----- -----.-.-.-.-..--.
Page 5, Item: ~
Meeting Date: 1/13/04
through-lane is the lane closest to the center of the roadway, while the number 3 lane is the
lane closest to the curb line of the street.
Using this option, the project is planned or located in a manner that will be the most
compatible with the greatest public good and least private injury because, among other
things, the roadway and on-ramp improvements will primarily be located within existing City
and/or State right-of-way with the additional right-of-way being acquired uom only two
ownerships.
(c) Whether The Properties Sought To Be Acquired Are Necessary For The Project
The properties sought to be acquired are necessary for the project because they are located
within the proposed roadway widening alignment corridor. The temporary construction
easements are necessary for access and staging to construct the project within the areas to be
acquired. These temporary easements will be used for a period not to exceed six months and
will be restored to a condition similar to the existing condition.
(d) Whether The Offer For Purchase Required By Government Code Section 7267.2 has
been Made To The Owner Of Record
On May 14, 2003, in accordance with Government Code Section 7267.2, the City made an
offer to acquire the necessary property rights uom APN 639-080-21 (Union 76) to the
property owner of record. This offer was for the full amount determined to be Just
Compensation by an approved MAr appraisaL On November 12, 2003 in accordance with
Government Code Section 7267.2, the City made an offer to acquire the necessary property
rights from APN 639-080-22 (ARC 0) to the property owner of record. This offer was also
for the full amount determined to be Just Compensation by an approved MAr appraisaL
All statutory requirements necessary to exercise the power of eminent domain ("the right to
take") to acquire the properties described herein have been complied with by the City of
Chura Vista.
The adoption of the requested Resolution of Necessity will allow the City to initiate court
proceedings to acquire possession of the necessary rights-of-way for the subject project.
Commencement of the eminent domain proceedings will authorize the filing of complaints with
the Superior Court. The outside legal counsel services of Linda Bartz & Associates will be
utilized for the associated condemnation proceedings.
Ms. Bartz has reviewed the Resolution of Necessity and determined that the requested action is
in compliance with all applicable laws.
-------------------- --------"
Page 6, Item: IL
Meeting Date: 1/13/04
FISCAL IMPACT: None to the General Fund. The approved project is funded by the
development community under the City Transportation Development Impact Program (TDIF).
Attachments: Easements (2)
Letter From Mr. Bisharat
Letter ITom Don Detiseh
File No. CY 102
J:\EngineerlAGENDA \Final_Telegraph Canyon Reso ofNee.2.doe
01109/20043:01 PM
I I,
.~..._~.~... . .-.. _._----_._----~-_._---_.
, .'
Raed Bisharat
. SOl Telegraph Canyon Road, Chula Vista, California 91910
Phone: (619) 421-3000
December 2, 2003
City Clerk
City of Chula Vista
276 Founh Avenue
Chula Vista, CA 91910
Re: Telegraph Canyon Resolution of Necessity
Dear City Clerk,
I request to be heard on the above referenced item at your meeting of December 16,2003.
I wish to primarily address the Council on the following items of concern.
I. The proposed street widening is not in accordance with the City's General Plan.
2. No information has been presented that demonstrates or suggests that the proposed street
widening will improve traffic conditions when new homes are constructed but State Route
125 is not completed. (The only studies I have seen compare the current conditions with
those that will exist when traffic flows are decreased after 125 is completed.)
3. The proposed widening will provide no "public good" and will cause great private injury
to my family.
4. The negative declaration proposed for this project does not describe the project that is
actually proposed and adopts a forbidden piecemeal approach to avoid environmental
review and public discussion ofthe overall proposal. The description of the project by
City Staff is a follows:
"The-projectwouJd consist of widening the westbound side of Telegraph Canyon
Road ITom three lanes (one right only, one shared through/right, and one through
only) to four lanes (two right only and two through only). With the future
widening of the northbound on-ramp by Caltrans, the northern through only lane
would be converted to a shared through/right lane. The addition of the lane would
occur on the north side of the road for approximately 1,200 feet (0.2 mile) ITom the
I-80S northbound on-ramp to a point approximately 1,000 feet east ofHalecrest
Drive."
.... .---.- .------.------.--.-.--.-' ._....
Chula Vista City Clerk
December 2, 2003
Page two
We all know that the entire reason for this proposed action is meant to allow developers to
build more houses before planned regional infrastructure is in place to accommodate such
growth. Yet there is no mention in the project description of the building of more homes
and the interim increase in traffic throughout the eastern portion of the City. This
proposed widening must be analyzed as part of the proposal to build more houses at an
earlier time than otherwise permitted by City laws.
5. The City has not made an offer that meets the requirements of Government Code Section
7267.2 since it does not explain the damages to the remainder property. The City assumes
that the property will continue to be used for a gas station when in fact, such a use may
well be impossible if the proposed taking occurs.
I will ask that the proposed project be sent back to the drawing boards to be certain that the
Council and City Staff have the opportunity to realistically evaluate the consequences of its
actions not only to me but to all residents of the City.
/~~
SinCerel;~~
,(/ '-
Raed Bisharat
c:IBisharnt\City Clerk Itr lZ.()Z.()]
-------.---
LAW OFFICES of DON DETISCH
Attorney at Law
Donald W. Detisch 110 West C Street. Suite 1803
- San Diego. Califorma 92101
Of Counsel Tel. (619) 515-1140
Harold O. Valderhaug Fax (619) 235-9100
e-mail: detisch1aw@sbcglobal.net
December 30, 2003
c:'.\
VIA FACSIMILE & U.S. MAIL
Richard A. Ryals, Real Property Manager
City of Chula Vista
276 Fourth Avenue, MS E-lOO
Chula Vista, CA 91910
Re: Hearing Re: Resolution of Public Convenience and Necessity
Scheduled for January 13, 2004, 6:00 p.m.,
Chula Vista City Council Chambers
Dear Mr. Ryals:
I am writing to request the opportunity to speak at the above-referenced City
Council hearing. I am representing the owner of Don's Arco, Don Chrislock.
Mr. Chrislock and his family have been associated with this particular property for a
number of years and will be significantly impacted by the City's road widening
project. Inasmuch as Mr. Chrislock has not yet been provided an offer, it is difficult to
respond ro ail of the various issues to be addressed at the public hearing, one of which
requires the discussion of the adequacy of the offer made to property owners.
Preliminary discussions have been made by Chula Vista's appraisers but nothing has
yet been resolved. Mr. Chrislock is prepared, as is this office, to assist in that effort.
One other difficulty we are having, and believe it to be extremely important, is the lack
of the staff report which we assume will be presented to the City Council. A three or
four day review is hardly sufficient under the law to provide time to the prop8rty
owners and tenants to thoroughly review and understand the proposed public taking.
While prior discussions may have occurred, the resolution of necessity sets out the
accurate boundary lines for the take.
We are raising one other issue here as well: Mr. Chrislock, for several reasons,
is interested in the City of Chula Vista purchasing the property upon which his business
is located. He then proposes that he buy back from the City sufficient real property
upon which he can continue to operate his garage.
Page 2 of 2
December 30, 2003
To: Richard A. Ryals
From: Don Detisch
He contemplates using a certain portion of his compensation he will receive as
an offset against the purchase price. The exact details of this entire transaction are not
yet fully fmalized but he was interested in placing the concept of the buy back before
the council. The situation by and between Arco and Mr. Chrislock is not one of his
doing. It is occurring because of the City's actions in taking the property.
In any event, Mr. Chrislock is placing his confidence in the Chula Vista City
Council and believes that the proposal he is suggesting could prove to be a "win-win"
-":,, situation for both parties. Please provide this office with the necessary written
materials as soon as possible. In addition, Mr. Chrislock and I would be available to
meet with staff in advance if that would be helpful.
~
Donald W. Detisch, Esq.
DWD:jp
cc: Don Chrislock (via facsimile)
W,\ClientsICh,islock. DonlLecrecs\Ryals 12.30.Q3.wpd
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY
FOR ACQUJRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE
POSSESSION OF PORTIONS OF APN'S 639-080-21 AND 639-080-22 FOR
CONSTRUCTION OF THE TELEGRAPH CANYON ROAD STREET
WIDENING PROJECT (CY-I02) AND AUTHORIZING CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY IN
THE MANNER PROVIDED BY LA W.
WHEREAS, in connection with municipal purposes, the City ofChula Vista must acquire
interest in certain rights-of-way on portions of Assessor Parcel Numbers (APN) 639-080-21 AND
639-080-22 in Chula Vista, California, for construction of the Telegraph Canyon Road Street
Widening Project (CY-I02) ("Project"); and
WHEREAS, public interest, convenience and necessity require the acquisition of penn anent
right-or-way interests together with temporary construction easements in said real property more
particularly described and depicted in the attached Deeds and Exhibits A and B thereto, on file in the
City Clerk's Office, for said Project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has detennined that the Project was
adequately covered in a previously adopted Telegraph Canyon Road Widening Mitigated Negative
Declaration IS-O2-35 and that no further environmental review or documentation is necessary; and
WHEREAS, said Project is planned and located in a manner that will be most compatible
with the greatest public good and the least private injury; and
WHEREAS, said real property together with permanent right-of-way and temporary
construction easement interests therein, are necessary for the Project; and
WHEREAS, said real property is located entirely within the tcrritoriallimits of the City of
Chula Vista; and
WHEREAS, the CityofChula Vista is authorized to acquire said rcal property and right-of-
way interests together with temporary construction easements therein, for such public use by eminent
domain pursuant, inter alia, to California Constitution Article I, Section 19; California Govenmlent
Code Sections 37350.5,38900,39040 and 40404; and California Code of Civil Procedure Sections
1240.010,1240.110, 1240.120, and 1255.410; and
WHEREAS, offers to purchase the required interests in the real property necessary for the
Project have been made to the owners of record pursuant to Section 7267.2 of the California
Government Code; and
1
I
. - . _... .---.---.---.--. n_____-
WHEREAS, the persons designated in Section 1245.235 of the Code of Civil Procedure,
have been provided notice and a reasonable opportunity to appear and be heard on the matters
referred to in Section 1240.030 ofthe Code of Civil Procedure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
finds and detennines and hereby declares, by a vote of not less than two-thirds of its members, as
follows:
1 That the above recitations are true and correct.
2. That the staff report and all evidence presented at the public hearing on this matter
have been reviewed and considered.
3. That the public interest, convenience and necessity ofthe City ofChula Vista, and the
inhabitants thereof, require the Project and improvements and appurtenances thereto.
4. That the Project and improvements and appurtenances thereto to be constructed upon,
over, under, along and across the real property described and depicted in the attached
Deeds and Exhibits A and B thereto have been planned and located in a manner
which will be most compatible with the greatest public good and the least private
Injury.
5. That the Project was adequately covered in a previously adopted Telegraph Canyon
Road Widening Mitigated Negative Declaration IS-02-35 adopted September 17,
2002, and that no further environmental review or documentation is necessary.
6. That the penn anent real propcrty right-of-way interests together with temporary
construction easements, described and depicted in the Deeds and Exhibits A and B
thereto, arc necessary for the Project.
7. That the offers, as required by Section 7267.2 of the California Government Code,
have been made to the owners of record ofthe property to be acquired, and the notice
and opportunity to appear before the City Council as required by Section 1245.235 of
the California Code of Civil Procedure have been given.
8. That the City of Chula Vista, and all appropriate officers, representatives and
attorneys are hereby authorized and directed to acquire the real property described
and depictcd in the attached Deeds and Exhibits A and B thereto, in the name ofand
on behalf of the City of Chura Vista, and to that end are hereby authorized and
directed to commence and prosecute action{s) in eminent domain for the purpose of
acquiring said real property, and penn anent right-of-way interests together with
temporary construction easements therein, and to obtain court order{s) for immediate
possession in the manner provided by law.
2
¡
-- --- ------~-_.._---------
Presented by: Approved as to fonn by:
{^ ~
Jack Griffin Ann Moore
Director of General Services City Attorney
'All",""ey!Rc>o/St,cct!Tekgcoph Ca"yo" APNs
3
I,q
Recording requested by and
please rerum to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
City, only No Jee required
> (This space Jar Recorder's lise, only) >
Assessor's Parcel Number 639-080-21 Chula Vista CIP File No: CY-1O2
EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, Raed S,
Bisharat (Grantor) hereby grants to the CITY OF CHULA VISTA, the right of way and incidents
thereto for Street And Public Utility Purposes on, over, under, across and through that cerlain
real property in the City ofChula Vista, County of San Diego, State of Cali fomi a, more
particularly described as follows:
SEE ATTACHED:
EXHIBIT "A" FOR LEGAL DESCRIPTION
EXHIBIT "8" FOR PLAT
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and
road-building materials within said right of way at such locations as the City may deem proper,
needful or necessary, in the construction, reconstruction, improvement or maintenance of said
public street.
Signed this --- day of___. - --' 2O_-
Grantor(s)' signature(s):
--------- ----
(Notary Acknowledgment required for each signatory)
14> ----------- .--.
----- -------
This is to certifY that the interest in real property conveyed herein to the City ofChula Vista, a
governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula
Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council
adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly
authorized officer-
SUSAN BIGELOW, CITY CLERK
By: Date:
{<Ç ..---
-------
EXHI3IT ".4"
EAS::MENT RIGHT-O¡:-WAY DEDICATION
ïELEGRAPH CANYON ROAD
Being a portion of Quarter Section 88 of Rancho de la Nacion, in the City of Chula Vis:".
County of San Diego, State of Califomia, according to Map thereof No. 166 ñled in ;:~,:"
Office of the County Recorder of said Counry, being more particularly described 2S
follows:
Beginning on the Northerly Right-of-way line of Telegraph Canyon Road per documen;:
recorded October 18, 1995 as Document No. 1995-0469718 of Official Records with the
intersection of a portion of the Westerly line of Parcel 2 of Parcel Map No. 11390; thence
along said Northerly Right-of-way North 73°31'43" West 80.43 feet (North 73'29'48"
West 80.10 feet record) to the beginning of a tangent 3257.00 foot radius curve
concave Southwesterly; thence continuing along said Northerly Right-of-way
Northwesterly along said curve through a central angle of 00° 51'23" an arc distance oT
49.47 feet (Delta = 00°5230" Length = 49.75 feet record) to the beginning of a revers:"
20.00 foot radius curve concave Northeasterly; thence continuing along said Nollherlv
Right-of-way Northwesterly along said curve through a central angle of 90°55'14" an 2~C
distance of 31.74 (Delta '" 90°51'50" Length = 31.72 record) feet to the Easterly Righ:-
of-way line of Halecrest Drive 2S shown on Halecrest Estates Unit "A" , according to 1'12J
::hereof No. 4339, ñled in the Office of the County Recorder of said County; thence
I:"aving said Northerly Right-aT-way line along said Easterly Right-of-way Noõch
16°31'18" East 1.34 feet to a point of cusp at the beginning of a non-tangent 20.00 fo~)-
,adius curve concave Northeasterly, to which a radial line bears South 73 '28'42" EaSl;
;:hence leaving said Easterly Right-of-way Southeasterly along said curve through a
central angle of 83°17'30" an arc distance of 29.07 feet to the beginning of a revers:"
3261.00 foot radius curve concave Southwe5Ierly; thence Southeasterly along said CL'". ~
::hrough a central angle of 00'06'15" an arc di5t:anœ of 5.93 feet; thence North
15042'12" O:2st 4.00 feet to Ine beginning of a non-tangent 3265.00 foot radius curv:"
concave Southwesterly, to which à-radialline bears South 15"42'12" West; thence
Southeasterly along said curve through a central angle of 00'28'28" an arc distance o:~-
27.03 feet; thence South 16'10'40" West 4.00 feet to the Beginning of a non-tangen;:
3261.00 Toot radius curve concave Southwesterly; to which a radial line bears South
16°10'40" West; thence SouthE2sterly along said curve through a central angle of
00017'37" an arc distance of 16.72 feet; thence South 73'31'43" East 46.66 feet; then~:"
North 16°28'17" East 4.00 feet; thence South 73°31'43" East 25.'00 feet; thence South
16°28'17" West 4.00 feet; thence South 73'31'43" East 8.77 to said Westerly line aT
said Parcel 2; thence along said Westerly ¡¡De South 16028'17" West 4.00 feet to ,he
?oint of Beginning.
Containing 0.0185 acres
~ /7 /7~?
'. /' //
v-:::.c /..¿¿;, ~. s- 7-':?3
Robert G. Schoettmer, loS. 4324
Jb/1403Ba.OD2 I ~
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- --- --
Recording requested by and
please return to:
City Clerk
City ofChula Vista
P.O. Box 1087
ChulaVista,CA 91912
This illslmment benefits
City. onlv No Jee required
> (This 'pace Jor Recorder's use, only) >
Assessor's Parcel Number 639-080-22 Chula Vista CIP File No: CY-1O2
EASEMENT FOR STREET AND PUBLIC UTILITY
AND TEMPORARY CONSTRUCTION PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BP West
Coast Products LLC, a Delaware limited liability company (Grantor) hereby grants to the
CITY OF CHULA VISTA, the right of way and incidents thereto for Street And Public Utility
Purposes on, over, under, across and through that certain real property in the City of Chula Vista,
County of San Diego, State of Cali fomi a, more particularly described as follows:
SEE ATTACHED:
EXHIBIT "A" FOR LEGAL DESCRIPTION
EXHIBIT "B" FOR PLAT
TOGETHER with a Temporary Construction Easement consisting of 1 ,678 square feet, more or
less as shown on said Exhibit "B". Said Temporary Construction Easement shall have a duration
not to exceed six months. The right to use said Easement shall commence upon the start of
physical construction on Grantors property and shall tenninate upon the filing of a Notice of
Completion or at the end of said six months, whichever occurs first. In no event shall said
Temporary Construction Easement continue in effect after March 31, 200S.
Grantor hereby further grants all ingress and egress access rights to Telegraph Canyon Road over
the westerly 60.00 feet of southerly line of the remainder parcel of said property as shown as
"access control" on said Exhibit "B" Grantor grants all egress rights to Telegraph Canyon Road.
¡Pi
Grantor hereby further grants to City all trees, growths (growing or that may hereafter grow), and
road-building materials within said right of way at such locations as the City may deem proper,
needful or necessary, in the construction, reconstruction, improvement or maintenance of said
public street.
Signed this - day of ,2°-
Grantor(s)' signature(s):
BP West Coast Products LLC, a Delaware Limited Liability Company
By: By:
(Notary Acknowledgment required for each signatory)
This is to certifY that the interest in real property conveyed herein to the City ofChula Vista, a
governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula
Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council
adopted on June 5, 199O, and the grantee(s) consent(s) to the recordation thereof by its duly
authorized officer.
SUSAN BIGELOW, CITY CLERK
By: -----.-- ---------- Date: -------.--
- -.-,,--- ------- .-..---------.--
~ ~'-
EXHIBIT "A"
EASEMENT RIGHT-OF-WAY ACQUISmON
TELEGRAPH CANYON ROAD
Being a portion of the Northwesterly Quarter of Quarter Section 88 of Rancho de la
Nacion, in the City of Chula Vista, County of San Diego, State of California, according to
Map thereof No. 166, filed in the Office of the County Recorder of said County, being
more particularly described as follows:
Beginning at the most Southeasterly corner of Lot 134 of Halecrest Estates Unit "A"
according to Map thereof No. 4339, filed in the Office of the County Recorder of San
Diego County, said point being on the Westerly Right-of-way of Halecrest Drive as
dedicated on said Map No. 4339; thence leaving said Southeasterly corner along said
Westerly Right-of-way South 16°31'18" West (South 16°08'30" West record) 111.27 feet
to the TRUE POINT OF BEGINNING; thence continuing along said Westerly Right-of-way
South 16°31'18" West 13.03 feet to the beginning of a tangent 20.00 foot radius curve
concave Northwesterly; thence continuing along said Westerly Right-of-way
Southwesterly along said curve through a central angle of 86°58'24" an arc distance of
30.36 feet (Delta = 87°01'18" Length = 30.38 feet record) to the Northerly Right-of-way
of Telegraph Canyon Road as described in deed to the County of San Diego, recorded
August 13, 1957, in Book 6705, Page 57, of Official Records, being a point on the arc of
a reverse 3250.00 foot radius curve concave Southwesterly; thence leaving said
Westerly Right-of-way along said Northerly Right-of-way of Telegraph Canyon Road, and
Northwesterly along said 3250.00 foot radius curve through a central angle of 01 ° 14'42"
an arc distance of 101.82 feet to the Northeasterly boundary of California State
Highway Xl-SD-80S as described in deed to the State of California, recorded July 28,
1967, as file No. 110801; thence along said Northeasterly boundary North 28°14'40"
West (North 27°13'29" West record) 18.25 feet; thence leaving said Northeasterly
boundary South 76°53'40" East 114.55 feet to the beginning of a tangent 20.00 foot
radius curve concave Northwesterly;-thence Northeasterly along said curve through a
central angle of 86°28'45" an arc distance of 30.19 feet to the TRUE POINT OF
BEGINNING.
Containing 0.038 acres.
-~~ 11-12.-()3
Robert G. Schoettmer, loS. 4324
Jb/1403Ba.OO2
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CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: Jl1L1.3LIl4
ITEM TITLE: PUBLIC HEARING: PCS 04-01; Consideration of Tentative Subdivision
Map to divide approximately 53.38 acres into 39 lots, including two open
space lots - The EastLake Company.
RESOLUTION: Approving and establishing conditions of the Tentative
Map for EastLake Summit, Chula Vista Tract 04-01.
SUBMITTED BY: Director ofPlan~ng and BUildingt
REVIEWED BY: City Manage!} (4/5 Vote: Yes_No ~
Jr91' The applicant, The Eastlake Company, submitted an application for a tentative subdivision map to
subdivide 54.38 acres into 39 residential and open space lots ("Project") (see Exhibit A of the City
Council Resolution). The Project is located at the northeast comer of EastLake Parkway and
Olympic Parkway within the EastLake Greens residential community ("project site") (see
Attachment I, Locator).
The Environmental Review Coordinator has reviewed the proposed Project for compliance with
the California Environmental Quality Act and hereby finds that the Project, as analyzed in the
Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning
Program (FSEIR 97-04), would have no new effects that were not examined in said FSEIR
(Guideline 15168). Thus, no further environmental review or documentation is necessary.
RECOMMENDATION:
Approve the proposed tentative subdivision map based on the findings and subject to the conditions
contained in the attached City Council Resolution.
BOARDS AND COMMISSION RECOMMENDATION:
On November 17, 2003, the Design Review Committee considered the proposed project and,
after hearing staffs' and applicant's presentations, conditionally approved the project by
unanimous vote subject to certain conditions (see Attachment 2).
On December 17, 2003, the Planning Commission considered the proposed project and, after
hearing staffs' and applicant's presentations, took a no action vote (3-1-1), with Commissioner
Hom abstaining, Commissioner Cortes denying the project, and Commissioners Hall and Madrid
absent.
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Page 2, Item: I J
Meeting Date: -1,l1..3tO4
Chair Castaneda expressed concern that the Fire and Police are not meeting the thresholds for
service performance standards as stipulated in the City's Growth Management Ordinance, and
questioned whether the proposed project would contribute to this problem. Mr. Castaneda
pointed out that condition number 43.a.i. of the draft City Council Resolution, which states that
the City can withhold building permits if Regional development threshold limits set by the City,
have been reached or in order to have the Project comply with the Growth Management Program
as may be amended from time to time.
Staff responded to chair Castaneda's concern, and explained that the City's Growth Management
Program prescribes level of service thresholds to alert the City services that are being affected by
growth demands, and that the City Council has the option to decide the appropriate action to
address the issue. Commissioner O'Neill, who participates on the City's Growth Management
Oversight Committee (GMOC) shared that the recent survey of the residents of Chula Vista
indicated a high level of public satisfaction with the Fire and Police services. Commissioner
O'neill made the observation that although technically, the response time threshold is exceeded
by the Police and Fire, the "quality of life" is not compromised, as reflected by the response of
the residents ofChula Vista. With that in mind, a majority of the Planning Commission voted in
favor of the resolution including Commissioner Castaneda.
We would further note that Council approved the accelerated staffing and equipment for Fire
Station #7 in Otay Ranch, as well as the update to be prepared for the Fire Station Master Plan
and endorsed all of the other GMOC recommendations contained in their annual report including
a comprehensive review of our threshold standards this year.
DISCUSSION:
1. Background
The subject property is within Parcel R-9 of the EastLake Greens neighborhood, which was
targeted for 750 multi-family units (see Attachment 4, Figure 1). The subject property was
previously subdivided into four super lots associated with Chula Vista Tract 03-04 (see
Attachment 4, Figures 2A-2C). Lot 1 was recently approved for] 50 affordable apartment units
known as the Rancho Vista Apartments, and is currently under construction. Lots 2, 3 & 4 could
accommodate up to 600 units.
The proposed 600-unit multi-family development proposal, which consists of detached and
attached buildings of varying densities, was considered and was approved by unanimous vote by
the Design Review Committee on November 17,2003.
2. Existing Site Characteristics
The project site is an irregular shaped parcel located at the northeast corner of EastLake Parkway
and Olympic Parkway. The "Project site" has been previously mass graded into a relatively flat
pad in conjunction with improvements to EastLake Parkway. There is an approximately 20- to 25-
foot high slope separating the Project from the Rancho Vista Apartments to the north. The Project
contains slopes up to 15 feet along EastLake Parkway, up to 40 feet along Olympic Parkway and up
to 45 feet high on the east side adjacent to the utility corridor (see Attachment 4, Figures 3A-3D).
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Page 3, Item: /3
Meeting Date:.1,l13,l!I4
3. Zoning and Land Use
The project site is surrounded by the following land uses:
Surrounding Land Uses
Chula Vista GDP Land PC District
Municipal General Plan Use (Land Use Existing
Code Designation Designation District) Land Use
ErojßcLSite PC (Planned Medium High MH, Medium RM-25, Residential Vacant
Community) Residential High Multi-Family
Residential
South (across PC (Planned Medium-High Medium High RM-l, Residential Vacant
Olympic Community) Residential Residential Multi-Family (proposed 123-
Parkway) unit detached
residential,
Village II in
Otay Ranch)
East (across PC (Planned Low Medium M (Medium RC-IO (Residential existing
utility Community) Residential (3-6 Residential); P Condominium);OS- residential;
easement) dujac) (Parks & 4 (open space); RS- future park
Recreation); 5 (Residential
LM (Low- single-family)
Medium
Residential)
West (across PC (Planned
EastLake Community) Retail FC, Freeway FC, Freeway Commercial
Parkway) Commercial Commercial center under
construction
North PC (Planned Medium High Medium High RM, Residential ISO-unit
Community) Residential Residential Multi-family Rancho Vista
Apartments
4. Project Description
The project consists of three perimeter open space lots (Lots 1-3), four internal
recreation/open space lots (Lots 4-7), 14 private street lots (Lots 8-21), and 18 residential
lots (Lots 22-39) (see Tentative Map Site Plan, Attachment 4, Figure 3A). The residential
lots will be developed as five separate condominium villages joined together by the
internal vehicular and pedestrian circulation system, open space and other common
facilities (see Attachment 4, Figures 4 and 5).
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Page 4, Item: '3
Meeting Date: -¥L3,lO4
5. Analysis
r Hnc! IT",
The EastLake II SPA Plan (see Attachment 4, Site Utilization Plan) identifies the subject
site as a portion of Parcel R-9 with a target density of 5-15 dulac, and a maximum of 600
dwelling units. Thus, the proposed tentative subdivision map is in substantial compliance
with the EastLake II General Development Plan and EastLake II Sectional Planning Area
(SP A) P]an. At build-out, the Project will include 600 units at a density of 10.3 dulac.
Grading
The site is relatively flat except for a 25-foot high slope running along its northern border.
This slope provides for a physical separation between the Rancho Vista apartment complex
to the north, which is lower than the Project site. The site currently contains three sediment
basins in place from the previous mass grading operation. The site has manufactured
slopes on all sides ranging from 0 to 16 feet above Eastlake Parkway along the west
property line; 16 to 43 feet above Olympic Parkway along the south property line; 0 to 43
feet above the SDG&E corridor along the east property line; and 25 feet above the mass
graded pad immediately adjacent to the north (Rancho Vista Apartments) (see
Attachment 4, Figures 3D and E).
rirclJlHt;nn
Access is provided by gated entrances from Olympic Parkway and EastLake Parkway,
which connects to an internal primary "spine" road. The internal circulation is via a series
of private streets and driveways (see Attachment 4, Development Proposal Site Plan).
PHrk, Hnc! Opp.n SpHCP.
The Project is served by an existing 15-acre community park located just north of the
EastLake High Schoo] and an 11.8-acre Sunset View neighborhood park located east of
the 200-foot utility corridor within the EastLake Greens neighborhood. Both of these
parks are in close proximity to the Project. In addition, the Project is being conditioned to
provide a trai] connection to the Sunset View neighborhood park in the Greens
neighborhood (as discussed below).
The EastLake Company has satisfied parkland acquisition and development requirements
within EastLake II and III SPAs by dedicating land and paying development fees.
Pursuant to Section 11.4.5 of the EastLake II SPA (Design Guidelines Supplement for
"Land Swap Area" graphic for Parcel R-9), the Developer is required to provide a
pedestrian trail along the eastern edge of the Project between Olympic Parkway and
Eastlake Parkway. The SPA currently depicts the trail running through the 200-foot wide
corridor, which lies adjacent to the Project site on the east. In order to provide for the
trail at this location, the Developer will be required to secure a public easement to
construct and maintain the trail. In addition, the applicant is required to construct a
pedestrian connection between the pedestrian trail and the Sunset View neighborhood
park (Park P-3) [see Attachment 4, Graphic for Parcel R-9]. The applicant understands
and agrees to this requirement.
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Page 5, Item: I ~'
Meeting Date: -.1,l13,lO4
~nmmnn Open Sp"œ
Additionally, the project includes four internal recreational lots totaling over 3 acres for
pocket parks and recreational facilities to serve the residents of this 600-unit multifamily
project.
s.cho.ols
The Project is conveniently located in close proximity to both the EastLake High School
and the Olympic View Elementary School. The Chula Vista Elementary School District
has indicated that since the Project is in EastLake, school mitigation has been satisfied
through participation in Community Facilities District (CFD No. I), which has been
formed by the EastLake Planned Community.
Students from this project will attend Olympic View Elementary School, which is
expected to have sufficient capacity at project build-out.
Drainage
The Project proposes a private drainage system for the purposes of controlling storm
water run-off from the Project. The private drainage system will connect to the City
public storm drain systems in five different locations: one at the northwest corner of the
site, one at the entrance at EastLake Parkway, one along the southern portion of the
Project between the intersection of EastLake Parkway and Olympic Parkway and the
entrance along Olympic Parkway, and one east of the entrance along EastLake Parkway.
All of the public stonn drain systems will be checked during final design to verifY
adequate capacity is available to handle the Project run-off (see Attachment 4, Figures
3B-3D).
&=
The Project is served by a combination of public and private sewer systems. A sewer
study prepared for the Project indicates that the City's public sewer system will have
adequate capacity to handle the effluent generated by the Project.
The Project connects to the City's existing public main lines at the northwest corner of
the Project at EastLake Parkway, and another connection at the southerly boundary at
Olympic Parkway between the Project entry and intersection at EastLake Parkway.
PntBhle III RecyclecJ WBter
The Project will be serviced by a private system within the private streets. Three
connections to the Otay Water Districts public mainlines are being proposed. One
connection is at the northwest corner of the site and one connection at the entrances on
EastLake Parkway and Olympic Parkway.
6. Conclusion
For the reasons stated above, staff recommends adoption of the Resolution that the City Council
approves the tentative map based on the findings and subject to the conditions contained therein.
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Page 6, Item: /3
Meeting Date: -1,l1.3,lO4
FISCAL IMP ACT:
The applicant has paid for all costs associated with the processing of the EastLake Summit
Tentative Subdivision Map and will be responsible for paying corresponding Development
Impact fees and other applicable development fees, as they may be amended from time to time.
Attachment,
1. Locator
2. Design Review Committee Conditions of Approval
3. Planning Commission Resolution and Minutes
4. Figures: 1. EastLake Greens SPA Site Utilization Plan
2A-2D. Approved EastLake Land Swap Tentative Map, Chula Vista Tract 02-04
3A-3E. EastLake Summit Tentative Map approved Site Plan and Grading Plan
4. EastLake Summit Residential Villages
5. EastLake Summit Circulation
6. EastLake Greens Trails Plan
5. Disclosure Statement
.I:IPlanninglStanDIEastiakclLand Swap RcsidcntiallPCS 04-01TM .Ian. 13. 041CCRPTTM .Ian. 1304 wGMOc.doc
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OTAY RANCH
FREEWAY
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C HULA VISTA PLANNING AND B U I L DLN G DE PARTM E NT
LOCATOR ~~~CI~<;1T THE EASTLAKE COMPANY PROJECT DESCRIPTION:
C) TENTATIVE SUBDIVISION
PROJECT Northeast comer of Eastlake Parkway
ADDRESS. and Olympic Parkway Request: Proposing Tentative Subdivision Map: 39-
SCALE: lot residential subdivision/"The Summit at Eastlake".
I FILE NUMBER: Related Case(s): DRC-O3-81
NORTH ND Scale PCS-O4-01
j:lcherylcllocatorsllocators04Ipcs0401.cdr 12.02.03 Î3--r¡ ATTACHMENT 1
~~~
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CfTY OF
CHUlA VISTA
PLANNING AND BUILDING DEPARTMENT
December 9, 2003 __d
Bill Ostrem DEC 1 5
The EastLake Company 2:JO3
900 Lane Avenue, Suite 100 :
Chula Vista, CA 91914 l__~_~~~'::_- ----~~-------;
Subject: DRC 03-81 EastLake Summit Letter of Approval
Dear Mr. Ostrem:
On November 17, 2003 the Design Review Committee considered the site plan and architectural design
for the EastLake Summit 600 condominium project located at the northeast corner of Olympic Parkway
and EastLake Parkway. The Committee, after hearing staffs presentation and public testimony, approved
the project by vote (3-0-0-1, Mestler abstained).
The conditions are presented in the following Attachment "A". Unless otherwise specified, all conditions
shall be satisfied before issuance of building permits. If you are in agreement with these conditions,
please sign Attachment "A" and return the signed original to the Planning & Building Department,
attention Stan Donn, at your earliest convenience.
You have the right to appeal this decision to the Planning Commission. This office must receive a
completed appeal form, along with the corresponding deposit amount within 10 days of the date of this
letter. Forms are available from the Planning Department. In the absence of this appeal, the decision of
the Design Review Committee is final.
Failure to use this permit within one year ¡¡-om the date of this letter shall cause the permit to become null
and void unless a written request for an extension is received and granted prior to the expiration date.
If you have any questions in regards to this matter, please call me at (619) 409-5953.
Sincerely,
l)~~
Stan Donn, AICP
Associate Planner
cc: City Clerk DEe 1 1 2C!J3
Luis Hernandez, Deputy Planning Director
Jack Robson, Cornerstone Communities
Kevin Curtin, KB Homes -
Randy Safino, SB&O
],\P1anningIStonDIDRC Letters. ConditionslEL Summit DRC OJ-81 Co"ditJons Cover lIT Nov 17. OJ.doc
ATTACHMENT 2
276 FOURTH AVENUE, MS P-101 0 CHULA VISTA OCA¡ORNIA 91910
@ p,..C"",m. Roo""", P."" ...
-' .
December 9, 2003
ATTACHMENT "A"
DRC 03-81: EL Summit- Design Review Committee Conditions of Approval
1. Plans for features such as sprinkler systems, stand pipes and alann system must be
submitted and approved by the Fire Department prior to issuance of building pennits.
2.' Provide "2A 10BC" rated fire extinguishers (within 75 feet of travel distance).
3. Comply with all requirements of the Crime Prevention Unit of the Chula Vista Police
Department. This includes scheduling a security~valuation by Richard Preuss (691-
5127). Security hardware should be indicated on building plans and security
measures shall be in place prior to occupancy. Obtain a letter from the Police
Department for approval of the gated entry.
4. Electrical/Mechanical driveway gates must be provided with a Knox key entrance
operation and Opticon system, subject to approval by the City's Fire Marshall.
5. Each building in the project must have address numbers visible from the street.
6. Fire flow for the project is based on the largest building indicated on the preliminary
plans. Fire flow shan be a minimum of 1,500 GPM.
7. Obtain a construction permit from the Engineering Department to perfonn any work
in the City's right-of-way.
8. Incorporate in the project design all post construction BMPs selected for the project
in compliance with the model SUSMP requirements. Applicant shall provide all
necessary studies and reports to the satisfaction of the City Engineer demonstrating
compliance with the model SUSMP.
9. Obtain the approval of a maintenance program for the proposed post construction
BMPs. The maintenance program shall include but not limited to: 1) a manual
describing the maintenance activities of said facilities, 2) an estimate of cost of such
maintenance activities, and 3) a funding mechanism for financing the maintenance
program. In addition, developer shall enter into a Maintenance Agreement with the
City or any other maintenance mechanism, as detennined by the City Engineer, to
ensure the maintenance and operation of said facilities.
CITYOFCHULAVISTA J3~ ~/)
DRC 03-81
EastLake Summit Conditions of Approval
December 9, 2003 Page 2
10. Comply with all requirements of the Engineering Department including payment of
all required fees in the amount in effect at the time such fees are due such as sewer
capacity and cOlmection, development impact and traffic signal fees.
11. A graffiti resistant treatment shall be specified for all lighting, wall and building
surfaces. This shall be noted on the building plans. Additionally, the project shall
confonn to Sections 9.20.055 & 9.20.035 ofC.V.M.C regarding graffiti control.
12. Obtain approval of a trash "and recycling program from the City's Conservation
Coordinator.
13. Pay a deposit fee of $6,750.00 to the City's Department of Public Works- Transit
Division for bus stop improvements at near the entrance(s) on Olympic Parkway and
EastLake Parkway.
14. CC&Rs shall include a plan outlining all comm6IÍ areas to be maintained by HOA
including parking, driveway, etc. The CC&Rs shall. also contain language
maintenance responsibility for all fences.
15. On-street parking stalls shall be 10 feet x 23 feet.
16. Landscape nodes shall be 6 feet wide minimum at end of parking bays and 8 feet
minimum between parking stalls, which includes a 12-inch concrete step out area in
addition to the 6-inch curb wherever landscape abuts parking stalls.
17. Reduce standard size parking stall length from 19 feet to 17'12 feet to allow the planter
or walk to serve as wheel stop. Increase planter areas and concrete walks accordingly.
18. Distance from garage-to-garage shall be 34 feet minimum for all buildings, apd
distance from garage face to open parking stalls shall be 28 feet minimum to
minimize vehicular conflict.
19. Driveway aprons shall be 5 feet minimum from the face of building to curb.
20. All guests parking shall be identified by striping and/or signage on the parking plan.
Approval of this project is contingent upon approval of the Tentative Map PCS 04-01 by
the City ofChula Vista City Council.
The property owner and the applicant shall sign this document indicating that they have
each read, understood and agreed to the conditions contained.herein, and will implement
same. Upon execution, the original document with original signatures shall be returned
to the Planning & Building Department. No building pennits wi11 be issued or other
entitlements approved until the signed original has been received.
j;~ /t)
CITY OF CHULA VISTA j jl
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DRC 03-81
EastLake Summit Conditions of Approval
December 9, 2003 Page 3
Propertv Owner:
The EastLake Company
By:
J:\Planning\StanDIDRC Letters- ConditionslEL Surnrrut DRC 03-81 Conditions Itr. Nov. 17, 03.doc
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CITY OF CHULA VISTA I ~3 II
RESOLUTION NO PCS 04-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH
CONDITIONS OF THE TENTATIVE SUBDMSlON MAP FOR EASTLAKE
SUMMIT, CHULA VISTA TRACT 04-01 - THE EASTLAKE COMPANY
WHEREAS, duly verified application for a tentative subdivision map was filed with
the City of Chula Vista Planning and Building Department on August 7, 2003 by the
EastLake Company, Inc. ("Developer") requesting approval to subdivide 54.48 acres into 39
residential and open space lots ("Pr?ject"), and,
WHEREAS the area ofland, which is the subject of this Resolution, is located at the
northeast corner of Olympic Parkway and EastLake Parkway within the EastLake II
Planned Community ("project site"); and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental.Quality Act and hereby finds that
the Project, as analyzed in the Final Subsequent EnVironmental Impact Report for the
EastLake Trails/Greens Replanning Program (FSEIR 97-04), would have no new effects
that were not examined in said FSEIR (Guideline 15168). No further environmental review
or documentation is necessary; and, .
WHEREAS, the Planning and Building Director set the time and place for a hearing
on the tentative map 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 tenants within 500 feet of the exterior boundaries of the property at 'Ieast 10 days
prior to the hearing; and,
WHEREAS, the Planning' Commission having received certain evidence on
December 13, 2003, as set forth in record of proceedings herein by reference as is set forth
in full, made certain findings as set forth in their recommending Resolution PCS 04-0~
herein and recommended to the City Council approval of the application based on certain
terms and conditions; and,
WHEREAS, the hearing was held at the time and j'lace as advertised, namely 6:00
p.m., December 17, 2003, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the attached City Council
Resolution approving the Tentative Map for Chula Vista Tract 04-01 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.
jJ.;-!ð ATTACHMENT 3
Resolution PCS-04-01
Pal!e2
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this 17th day of Dec=ber 2003, by the
following vote, to-wit:
AYES:
NOES:
ABSENT:
Steve Castaneda, Chairperson
ATTEST:
Diana Vargas, Secretary
JolPlanning\StanD\EastlakelLand Swap ResidenrialIPCS 04-01 TM Jan. 13, 04\PC Resa TM.doc
~ "7
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Action Agenda
Planning Commission
Chula Vista, California
Council Chambers
276 Fourth Avenue
Wednesdav, December 17, 2003, 6:00 p.m. Chula Vista, CA 91910
CALL TO ORDER: Castaneda!", Madrid ~, O'Neill !", Hall ~, Cortes !", Hom !", Felber !"
1. PUBLIC HEARING: PCC-03-80; Consideration of a Conditional Use Permit to allow a
Dwelling Group consisting of three single-family dwelling units in
the R-15P' Zone, at 1198 Alpine Ave.
Action: Approved (4-0-1-0)
2. PUBLIC HEARING: PCS-04-01; Consideration of a Tentative Subdivision Map known
as Eastlake Summit, Chula Vista Tract 04-01 to subdivide
approximately 54.38 acres into 39 lots. Applicant: The Eastlake
Company.
Action: None (3-1-1-0) recommend City Council to consider
Growth Management Thresholds.
3. PUBLIC HEARING: PCC-04-10; Consideration of a Conditional Use Permit to
construct and operate a 24-hour gas station, 24-hour food mart
with sales of beer and wine and, a self-service carwash at the
intersection of Eastlake Parkway and Olympic Parkway.
Applicant: Chevron Products Company
Action: Approved (5-0-0-0) with amendments to the existing
conditions. The public restroom facilities shall remain open during
the convenience store hours of operation. The appropriate
language will be added so that the hours for sale of alcoholic
beverages will be conditioned to a 1-year review period and could
be amended depending on if there are any issues related from the
hours of alcoholic beverage sales.
4. PUBLIC HEARING: PCA-04-01; Zoning Ordinance Amendment to amend Section
19.58.022 of the Chula Vista Municipal Code regulating
accessory second dwelling units to increase the maximum size
limit, modify the on-site parking requirements and to clarify the
requirements for properties with nonconforming uses. Applicant:
City of Chula Vista.
Action: Approved (5-0-0-0) as presented with the exception of
item 1 that would allow an increase to the current maximum of
650 sq. ft. accessory unit.
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CHUlA VISTA
APPLICATION APPENDIX 8
Disclosure Statement
Pursuant to Coun il Poli y 101-01, prior to any a tion upon matters that will require dis retionary a tion by the Coun ii,
Planning Commission and all other offi ial bodies of the City, a statement of dis losure of ertain ownership or finan ial
interests, payments, or ampaign ontributions for a City of Chula Vista ele tion must be filed. The following information
must be dis losed:
1. List the names of all persons having a finan ial interest in the property that is the subje t of the appli ation or the
ontra t, e.g., owner, appli ant, ontra tor, sub ontra tor, material supplier.
The EastLake Company, LLC
JG Boswell Land Company
2. If any person" idEmtified pursuant to (1) above is a orporation or partnership, list the names of all individuals with
a $2000 investment in the business ( orporationfpartnership) entity. -.
JG Boswell
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as dire tor of the non-profit organization or as trustee or benefi iary or trustor of the trust.
4. Piease identify every person, in luding any agents, employees, onsultants, or independent ontra tors you have
assigned to represent you before the City in. this matter.
Bill Ostrem Randy Safino. SB&O Inc.
Guy Asaro Bill McKibbin
Curt Smith
5. Has any person" asso ¡ated with this ontra t had any fin an ial dealings with an offi ial" of the City of Chula
Vista as it relates to this ontra t within the past 12 months. Yes- No--x---
If Yes, briefly des ribe the nature of the finan ial interest the offi ial" may have in this ontra t.
6. Have you made a ontribution of more than $250 within the past twelve '"(12) months to a urrent member of the
Chula Vista City Coun iI? No.JL Yes - If yes, whi h Coun iI member?
. ¡' d '6 ATTACHMENT 5
276 Fourth Avenu,' I Chu!" Vi<ta I California 91910 I (6191691.5101
" ~\~
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~-- Panning UI Ing Department
CI1Y OF Planning Division I Dcvelopmcnt Processing
(HUlA VISTA
APPLICATION APPENDIX B
Dis losure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an offi ial" of the City of Chula Vista in the
past twelve (12) months? (This In ludes being a sour e of in orne, money to retire a legal debt, gift, loan, et .J
Yes - No-X-
If Yes, whi h offi lal** and what was the nature of item provided?
Date: August 4 , 2001 1
Signature of Contra torlA pli ant
NIL L (4---!~ OJçíè~ Print or
type name; of Contra tor/Appli ant
* Person is defined as: any individual, firm, o-partnership, joint venture, asso iatión, so ial lub, fraternal
organization, orporation, estate, trust, re eiver, syndl ate, any other ounty, Ity, muni Ipality, distri t, or other
politi al subdivision, -or any other group or ombination a ting as a unit.
** Offi ial in ludes, but is not limited to: Mayor, Coun iI member, Planning Commissioner, Member of a board,
om mission, or ommittee of the City, employee, or staff members.
I .- 'I
276 Fourth Avenue I Chula Vista I Calif'Hnia I 91910 I 16191 691.51l11
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA. APPROVING AND ESTABLISHING
CONDITIONS OF THE TENTATNE SUBDIVISION MAP FOR
EASTLAKE SUMtvrIT, CHULA VISTA TRACT 04-01
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit A, copies of which are on file in the Office of the
City Clerk, incorporated herein by reference, and commonly known as EastLake Summit
Tentative Subdivision Map, Chula Vista Tract 04-01; and for the purpose of general
description herein consists of 54.38 acres, commonly known as Parcel R-9 in the EastLake II
SPA, located at the northeast corner of EastLake Parkway and Olympic Parkway within the
EastLake Greens residential neighborhood ("Project Site"); and
B. Project; Application for Discretionary Approval ~
WHEREAS, on August 7, 2003, The EastLake Company ("Developer") filed a tentative
subdivision map application with the Planning & Building Department of the City of Chula
Vista requesting approval of the Tentative Subdivision Map to subdivide 54.38 acres into 39
residential and open space lots and to be developed with 600 single-family attached/multi-
family dwelling units. The tentative map also includes three open space lots ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) amended EastLake II General Development Plan
(GDP) approved by City Council by Resolution No 2002-64 on July 23, 2002; 2) EastLake II
Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2002-151 on
May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land
Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public
Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final
Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning
Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program
certified on November 24, 1998; 5) Addendum to FSEIR: 97-04 for the EastLake Land Swap
Residential project (15-03-009); 6) amended EastLake Comprehensive Affordable Housing
Program adopted by City Council Resolution 2001-220 on July 17,2001; 7) the amended
EastLake II Planned Community District Regulations and Land Use Map approved by City
Council Ordinance No. 2863 on August 6, 2002; 8) Chula Vista Tract Map 03-04 approved
by City Council Resolution 2003-1410n April 8,2003; and 9) DRC 03-81 approved by the
Design Review Committee on November 17, 2003; and,
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
December 17, 2003, and after hearing staff presentation and public testimony voted (xxxxxx)
I :.,:>
/ -,
Resolution xxxxx
Page 2
to recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and,
E. Council Record of Applíèations
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on January 13, 2004, 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 City Clerk set the time and place for a hearing on said tentative subdivision
map application, 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 10 days prior to the
hearing; and,
wHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on
January 13, 2004, in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, detennine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on December 17, 2003, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. PREVIOUS FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS;
APPROVALS
The City Council hereby finds that: 1) there were no changes in the Project from FSEIR 97-
04 which would require revisions of said environmental report; 2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken since
the previous environmental report; and 3) no new infonnation of substantial importance to
the project has become available since the issuance and approval of the prior environmental
report; and that, therefore, no new effects could occur or no new mitigation measures will be
required in addition to those already in existence and made a condition for Project
implementation. Therefore, the City Council approves the Project as an activity that is within
the scope of the project covered by the FSEIR 97-04 (Guideline 15162 and 15168).
IV. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and hereby finds that the Project, as analyzed
in the Final Subsequent Environmental Impact Report for' the EastLake Trails/Greens
Replanning Program (FSEIR 97-04) and Addendum to FSEIR 97-04 for the EastLake Land
Swap Residential project (IS-03-009), would have no new effects that were not examined in
I
Resolution xxxxx
Page 3
said FSEIR (Guideline 15168). No further environmental review or documentation is
necessary.
V. 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 FSEIR 97-04 and Addendum to FSEIR 97-04 for the EastLake Land Swap
Residential project (IS-03-009), and that said documents were 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.
VI. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for EastLake
. Land Swap Residential, Chula Vista Tract No. 04-01, is in conformance with the
elements of the City's General Plan, based on the following:
a) Land Use
The proposed subdivision provides for 39 lots, including 3 open space lots, to be
subsequently developed with a 600-unit condominium project. The site is designated
Medium-High density in the General Plan and Medium-High in the EastLake II SPA.
Thus, the project as conditioned is in substantial compliance with the EastLake II
GDP and SPA and EastLake Greens Neighborhood SPA, and is in substantial
conformance with the EastLake II General Development Plan and the adopted
General Plan.
b) Circulation
All on-site and off-site public streets required to serve the subdivision will be
constructed or DIF fees paid by the developer in accordance with the EastLake
Greens Public Facilities Finanèing Plan.
The public streets serving the Project will be sized as prescribed in the circulation
element of the General Plan and designed per City design standards and! or
requirements, or modifications accepted by the Director of Engineering. The required
and anticipated off-site improvements would be designed to handle this Project and
future projects in the area.
".
c) Housing
The project is consistent with the density prescribed within the EastLake SPA and
provides a mix of housing types at various densities for persons of various income
levels. Ten percent of the total number of housing units within the SPA area has been
dedicated to provide as affordable. Thus, the affordable housing requirement shall be
deemed to be satisfied upon the completion of construction of ISO units known as the
Rancho Vista Apartments, and the certification by CIC EastLake that 143 units have
been occupied and rent restricted for low income households.
~ ..- }.
Resolution xxxxx
Page 4
d) Conservation
FSEIR 97-04 addresses the goals and policies of the Conservation Element of the
General Plan and found the development of this site to be consistent with these goals
and policies. -.
e) Parks & Building Construction. ODen Space
The Project is served by an existing I5-acre community park located just north of the
Eastlake High School, and will be constructing a future I1.8-acre neighborhood park
(P-3) located east of the 200-foot utility corridor which runs parallel adjacent to the
east side of the Project. The Developer has satisfied all park dedication and
development fee obligations.
1) Seismic Safety
The proposed subdivision is in confonnance with the goals and policies of the
Seismic Element of the General Plan for this site. There are no known earthquake
faults on or around the project site.
g) Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for confonnance with City safety policies and have detennined
that the proposal meets the City Threshold Standards for emergency services.
h) Noise
Noise mitigation measures included in the FSEIR 97-04 adequately addresses the
noise policy of the General Plan. The project has been conditioned to require that all
dwelling units be designed to preclude interior noise levels in excess of 45 dBA and
exterior noise exposure over 60 dBA for all outside habitable areas.
i) Scenic Highway
The project site is located adjacent to designated scenic highways (Olympic
Parkway). The project will be developed in compliance with Section 8 of the Land
Use Element of the Chula Vista General Plan.
j) Bicvcle Routes
Although no designated regional off-street bicycle routes are included as compollents
of the internal circulation network, bicyclists will be readily able to share the internal
streets with motor vehicles due to low traffic volume and limited speeds allowed.
Bicycle route segments to connect to regional systems have been incorporated as
prescribed by the Circulation Element of the GeI).~ral Plan. On-street bike lanes are
included on the adjacent arterial highways. The bike lanes will be paved components
of the street systems indicated.
k) Public Buildings
No public buildings are proposed on the project site. The project is subject to RCT
fees prior to issuance of building pennits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has
considered the effect of this proposal on the housing needs of the region and has balanced
those needs against the public service needs of the residents of the City and the available
fiscal and environmental resources.
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C. The configuration, orientation and topography of the site partially allows for the optimum
setting of lots for passive or natural heating and cooling opportunities as required by
Government Code SectioI} 66473.1.
D. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such project.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VII. GENERAL CONDITIONS OF AFPROV AL
A.' Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with the Project
as described in the Tentative Subdivision Map, Chula Vista Tract 04-01, Final
Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning
Program (FSElR 97-04) and associated Mitigation Monitoring and Reporting Program
and Addendum to FSElR 97-04 for the EastLake Land Swap Residential project (IS-O3-
009), except as modified by this Resolution.
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of all mitigation
measures pertaining to the Project identified in the Final Subsequent Environmental
Impact Report for the EastLake Trails/Greens Replanning Program (FSElR 97-04) and
associated Mitigation Monitoring and Reporting Program. Any such measures not
satisfied by a specific condition of this Resolution or by the project design shall be
implemented to the satisfaction of the Director of Planning & Building and
Environmental Review Coordinator. Mitigation Measures shall be monitored via the
Mitigation Monitoring Program approved in conjunction with FSElR 97-04.
Modification of the sequence shall be at the discretion of the Director of Planning &
Building should changes in the circumstances warrant such revision.
C. Implement Public Facilities Financing Plan "
Developer shall install public facilities in accordance with the EastLake Greens Public
Facilities Financing Plan, as amended or as required by the Director of Engineering, to
meet the threshold standards adopted by the City of Chula Vista. The Director of
Engineering and Planning & Building Director may, at their discretion, modify the
seq~:nce of improvement construction should conditions change to warrant such a
reVIsIOn.
D. Design Consistency
The Developer shall develop the lots in accordance with the EastLake II Planned
Community District Regulations and Design Guidelines Supplement for "Land Swap"
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Resolution xxxxx
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area of EastLake Greens and in accordance with DRC 03-81 approved by the Design
Review Committee on November 17, 2003.
E. The conditions herein imposed on the grant of the permit or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by
the proposed development.
VIII. SPECIAL CONDITIONS OF APPROVAL
Unless otherwise specified, all conditions and code requirements listed below shall be
fully completed to the City's satisfaction prior to approval of each final map.
GENERAL/PRELIMINARY
1. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the property. (Engineering, Planning & Building)
2. Developer shall, comply, remain in compliance and implement, the terms, conditions and
provisions, as are applicable to the property which is the subject matter of this Tentative Map,
of 1) amended EastLake IT General Development Plan (GDP) approved by City Council by
Resolution No 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan
approved by City Council Resolution No 2202-151 on May 7, 2002; 3) EastLake Greens
Neighborhood Plan, Design Guidelines Supplement for "Land Swap" area of EastLake
Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan
all adopted by Resolution 19275 on March 24, 1998; 4) Final Subsequent Environmental
Impact Report (EIR) for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and
associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 5)
Addendum to FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009); 6)
amended EastLake Comprehensive Affordable Housing Program adopted by City Council
Resolution 2001-220 on July 17, 2001; and 7) the amended EastLake II Planned Community
District Regulations and Land Use -Map approved by City Council Ordinance 2863 on
August 6, 2002; and 8) Chula Vista Tract Map 03-04 by City Council Resolution 2003-1410n
April 8, 2003; and 9) DRC 03-81 approved by the Design Review Committee on November
17,2003. The Developer shall enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the land) and implementation
procedures as the City may require to comply with the above regulatory documents. Said
Agreement shall also ensure that, after approval of the [mal map, the developer will continue
to comply, remain in compliance, and implement such Pl<jIls. (Planning & Building)
3. If Developer desires to do certain work on the property after approval of the tentative map,
but prior to' recordation of the applicable final map, he may do so by obtaining the required
approvals and permits from the City. The permits can be approved or denied by the City in
accordance with the City's Municipal Code, regulations and policies. Said permits do not
constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will
be approved. All work performed by the Developer prior to approval of the applicable Final
map shall be at Developer's own risk. Prior to issuance of grading and/or construction permit,
the Developer shall acknowledge in writing that subsequent submittals (i.e., final map,
improvement plans) may require extensive changes, at Developers cost, to work done under
such early permit. Prior to the issuance of a permit, the Developer shall post a bond or other
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Resolution xxxxx
Page 7
security acceptable to the City in an amount detennined by the City to guarantee the
rehabilitation of the land if the applicable final map does not record. (Engineering)
4. If any of the tenDS, covenantš or conditions contained herein shall fail to occur, or if they are,
by their tenDs, to be implemented and maintained over time, and if any of such conditions
fail to be so implemented and maintained according to their tenDs, the City shall have the
right to revoke or modify all approvals herein granted, including issuance of building
pennits; deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; and institute and prosecute litigation to compel their compliance
with said conditions or seek damages for their violation. The Developer shall be notified 10
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame. (Engineering, Planning & Building)
5. Prior to approval of each final map, Developer shall agree to indemnify, protect, defend and
hol4 the City harmless from and against any and all claims, liabilities and costs, including
Attorney's fees, arising from challenges to the Environmental Impact Report for the Project,
and any or all entitlements and approvals issued by the City in connection with the Project.
(Engineering, Environmental, Planning & Building)
6. Any and all agreements that the Developer is required to enter into hereunder shall be in a
fonD approved by the City Attorney. (City Attorney)
7. The subsequent development of a multiple-family lot, which does not require the filing of a
subsequent final map, shall meet, prior to issuance of a building pennit for that lot, all the
applicable conditions of approval of the tentative map, as detennined by the Director of
Engineering and Director of Planning & Building. (Planning & Building, Engineering)
8. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee
title. Where an easement is required, the Developer shall be required to provide
subordination of any prior lien holders in order to ensure that the City has a first priority
interest in such land unless otherwise excused by the City. Where fee title is granted or
dedicated to the City, said fee title shall be free and clear of all encumbrances, unless
otherwise excused by the City.
9. Applicant shall submit and obtain approval by the City of a Master Final Map ("Master Final
Map") containing the entire Project's area. Said Master Final Map shall also show public and
private easements required to serve the lots created by said map to the satisfaction of the
Director of Planning & Building and the Director of Engipeering.
ENVIRONMENT ALIPRESERV ATION
10. Prior to approval of the Master Final Map, the Developer shall enter into a supplemental
subdivision agreement to implement, to the satisfaction of the Director of planning &
Building, all applicable mitigation measures identified in FSEIR 97-04, the associated CEQA
Findings of Fact and Mitigation Monitoring and Reporting Program and all addendum
thereto in accordance with the requirements, provisions and schedules contained therein, and
as further specified in these Tentative Map conditions. Modification of the sequence of
mitigation shall be at the discretion of the Director of Planning & Building should changes in
circumstances warrant such a revision. If any pennits are required to be obtained by
Resolution xxxxx
Page 8
Developer as set forth herein, Developer shall obtain said pennits with applicable agencies in
consultation with the City. (Engineering/Planning)
11. Implement, or cause the impfèmentation of all mitigation measures pertaining to the Project
identified in FSEIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring
and Reporting Program. Any such measures not satisfied by a specific condition of this
Resolution or by the project design shall be implemented to the satisfaction of the Director of
Planning & Building. Mitigation Measures shall be monitored via the Mitigation Monitoring
and Reporting Program approved in conjunction with FSEIR 97-04. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning & Building
should changes in the circumstances warrant such revision. (Planning & Building)
SUBDMSION DESIGN
.12. Install all street trees in accordance with Section 18.32 of the Chula Vista Municipal Code,
the City's Landscape Manual and approved cross-sections in the EastLake Greens
Neighborhood plan; or as otherwise approved by the Director of Planning & Building,
Director of General Services and Director of Public Works Operations. Developer agrees to
provide any and all special installation conditions as requested by the Director of Parks &
Building Construction for those trees identified in the SPA as having special installation
conditions. Street trees shall be shown on street landscape and irrigation plans submitted for
approval by the Director of Parks & Building Construction and the Director of Public Works
Operations prior to, or concurrent with the second submittal of street improvement plans
within the subdivision. Approval of the street tree improvement plans shall constitute [mal
approval of the species selection of street trees. Location of trees and planters shall be
contingent upon the location of street signs. Under no circumstance shall a tree or shrub
block the visibility of any street sign, regulatory, warning or guide traffic signs. (Planning &
Building, General Services, Public Works)
13. Prior to the issuance of each rough grading permit proposing to grade individual lots and
public streets for the Project, submit a study showing that all curb returns for any intersection
in excess of 4% grade; located within. the pennit boundaries, and all driveways, comply with
ADA standards at the front and back of sidewalks to the satisfaction of the Director of
Engineering. (Engineering)
STREETS, RlGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
14. Prior to approval of the Master Final Map for the Project, Developer shall construct and
secure, in accordance with Chapter 18.16 of the M¡micipal Code, full gravity sewer
improvements deemed necessary by the Director of Engineering to: 1) complete the gravity
sewer system within that portion of Eastlake Parkway extending from station 52+84.01 to
88+75.84 (near EastLake Greens R-26 project), and 2) provide sewer service to the proposed
Project.
If improvement plans have been approved by the City, the amount of the security for the
above noted improvements shall be 110% of the construction cost estimate approved by the
Director of Engineering. If improvement plans are being processed, 150% of approved cost
estimate. Or, if improvement plans are not being processed by the City, 200% of construction
cost estimate approved by the Director of Engineering. A lesser percentage may be required
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Resolution xxxxx
Page 9
if it is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or
other information is available to warrant such reduction. (Engineering)
15. Design all street vertical and horizontal curves and intersection sight distances to conform to
the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other
streets at or near a horizontal or vertical curve, shall meet intersection design sight distance
requirements in accordance with City Standards. When a conflict between the CaITrans
Highway Design Manual and adopted City standards exists, the adopted City standards shall
prevail. Lighted sag vertical curves will be permitted at intersections per AASHTO
standards and with approval of the Director of Engineering. (Engineering)
16. Developer shall demonstrate on the Master Final Map for the Project that all lots created by
said map have been provided private and/or public easements which ensure 1) legal access to
an approved public street, and 2) the ability to connect to public utilities.
17. Provide security in accordance with chapter 18.16 of the Municipal Code, for all public
facilities within the subdivision boundary or off-site, deemed necessary by the Director of
Engineering to provide service to the subject subdivision, in accordance with Chula Vista
Design standards, Chula Vista Streets Standards, Chula Vista Subdivision, and approved
Tentative Map, unless otherwise approved by the Director of Engineering. If improvement
plans have been approved by the city, the amount of the security for the above noted
improvements shall be 110% of the construction cost estimate approved by the Director of
Engineering. If improvement plans are being processed, 150% of approved cost estimate.
Or, if improvement plans are not being processed by the City, 200% of construction cost
estimate approved by the Director of Engineering. A lesser percentage may be required if it
is demonstrated, to the satisfaction of the Director of Engineering, that sufficient data or
other information is available to warrant such reduction. (Engineering)
18. Prior to approval of the Master Final Map, Developer shall construct and secure, in
accordance with Chapter 18.6 of the Municipal Code and City policy, all public and private
improvements within the Common Private Street (the main street connecting the proposed
Project's access points at Eastlake Parkway and Olympic Parkway) to the satisfaction of the
Director of Engineering.
19. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans
with Disabilities Act" (ADA) standards, as approved by the Director of Engineering. In the
event the Federal Govemment adopts new ADA standards for street rights-of-way, which are
in conflict with the standards and approvals for the Project, all such approvals conflicting
with those new standards shall be updated to reflect the' new standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by
federal regulations, once construction has commenced. (Engineering)
20. Prior to approval of the Master Final Map for the Project as to facilities 1, 2 & 3, Developer
shall: 1) enter into an agreement to locate, align, design and construct, and 2) provide
security by means of a cash bond or any other security, all as approved by the Director of
Planning & Building which shall remain in full force and effect until the facilities, as set
forth below, are constructed:
Facilitv #1: Construction of a 5-foot wide pedestrian trail from north of Olympic Parkway to
Eastlake Parkway, to the satisfaction of the Director of Planning & Building. The final
alignment shall be contained within a public easement as approved by the Director of
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Resolution xxxxx
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Planning & Building. Developer shall complete construction no later than the issuance of the
300th cumulative building pennit for the Project or at a later date as approved by the Director
of Planning & Building in hí.~lher sole discretion.
Facilitv #2: Construct, in conjunction with the construction of facility 1, three 6-foot wide
trail connections to the pedestrian trail (FaciIíty "I") in compliance with DRC 03-81 to the
satisfaction of the Director of Planning & Building.
Facilitv #3: Construction of a 6-foot wide trail connection from Facility #1 to Sunsetview
neighborhood Park P-3 and contained within a public easement to the satisfaction of the
Director of Plannin~ & Building. Developer shall complete construction no later than the
issuance of the 300 building permit for the Project, or at a later date as approved by the
Director of Planning & Building at híslher sole discretion. (Engineering, Planning &
Building)
21. Prior to approval of the Master Final Map for the Project, the Developer shall enter into an
agr~ement to secure and construct four pennanent traffic count stations, as indicated below:
General Location Number of traffic count stations
EastLake Parkway 2 stations
Olympic Parkway 2 stations
The traffic count stations shall be installed at such specific locations and in strict confonnity to
plans and specifications approved by the Director of Engineering. The Director of Engineering
may, at híslher sole discretion, waive the requirement to construct said traffic count stations if
Developer agrees to provide a cash payment in the amount deemed necessary by the Director of
Engineering, to complete the construction of said stations by the City or its designee.
GRADING AND DRAINAGE
22. Drainage shall be collected in an inlet and carried to the bottom of any slope in an
underground stonn drain, if the slope is over 10 feet in height and steeper than 4:1.
(Engineering)
23. Prior to approval of grading plans, demonstrate the adequacy of existing downstream
drainage runoff facilities or include, in the grading plans, the construction of detention
facilities, to ensure that the maximum allowable discharges after development do not exceed
the capacity of any existing downstream facilities, all to the satisfaction of the Director of
Engineering. The developer shall provide for the future,maintenance of the detention basin
facilities through the establishment of a Master Homeowners Association, or other funding
mechanism as approved by the City. (Engineering)
24. Construct energy dissipaters at all stann drain outlets, as required by the Director of
Engineering to maintain non-erosive flow velocities. (Engineering)
25. Submit to and obtain approval from the Director of Engineering and Director of Parks &
Building Construction of an erosion and sedimentation control plan as part of grading plans.
(Engineering, Parks & Building Construction) .
26. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by
the Director of Engineering and Director of Planning & Building. Lots shall be so graded as
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Resolution xxxxx
Page 11
to drain to the street or an approved drainage system. Drainage shall not be pennitted to flow
over slopes or onto adjacent property. (Engineering, Planning & Building)
27. Design and construct all gràding and pad elevations to be within 3 feet of the grades and
elevations shown on the approved Tentative Map or as otherwise approved by the Director of
Engineering and Director ofPlanning & Building. (Engineering, Planning & Building)
28. Obtain and submit to City staff notarized letters of pennission for all off-site grading work
prior to issuance of grading pennit for work requiring said off-site grading. (Engineering)
29. Provide a minimum of 3 feet of flat ground access from the face of any wall to the beginning
of the slope rounding for wall m~intenance, unless otherwise approved for HOA slopes by
the Director of Engineering. (Engineering)
30. Provide a setback, as detennined by the Director of Engineering based on Soil Engineer
recommendations, between the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins undeveloped property or property
owned by others. The Director of Engineering shall not approve the creation of any lot that
does not meet the required setback. (Engineering)
31. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be
steeper than 2:1 (two horizontal to one vertical), except for minor slopes as herein derIDed.
All constructed minor slopes shall be designed for proper stability considering both
geological and soil properties. A minor slope may be constructed no steeper than one and
one-half horizontal to one vertical (1.5:1) contingent upon:
a. Submittal and approval of reports by both a soils engineer and a certified engineering
geologist containing the results of surface and sub-surface exploration, and analysis.
These results should be sufficient for the soils engineer and engineenng geologist to
certify that in their professional opinion, the underlying bedrock and soil supporting the
slope have strength characteristics sufficient to provide a stable slope and will not pose a
danger to persons of property. .<
b. The installation of an approved slope planting program and irrigation system.
c. "Minor Slope" is defined as a slope 4 feet or less in vertical dimension in' either cut or
fills, between single-family lots and not parallel to any roadway. (Engineering)
32. Construct temporary desilting basins at all discharge pojI).ts adjacent to drainage courses or
where substantial drainage alteration is proposed in the grading plan. The exact design and
location of such facilities shall be based on hydrological modeling, and detennined pursuant
to direction by the Director of Engineering. (Engineering)
33. Prior to approval of the Master Final Map for the Project, Developer shall enter into an
agreement with the City where Developer agrees not to protest the fonnation of a facilities
benefit district or any other funding mechanism approved by the City to finance the
operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to
not protest shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements and shall not
interfere with the right of any person to vote in a secret ballot election. The above noted
agreement shall run with the entire land contained within the Project. (Engineering)
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Resolution xxxxx
Page 12
34. Prior to issuance of grading pencits, Developer shall demonstrate that the grading plans are
in substantial compliance with the grading outlined in the Tentative Map. (Engineering,
Planning & Building) --
35. The Development shall comply with all applicable regulations established by the UiÚted
States Environmental Protection Agency (USEP A), as set forth in the National pollutant
Discharge Elimination System (NPDES), pennit requirements for urban runoff and stonn
water discharge, the Clean Water Act, and any regulations adopted by the City of Chula
Vista, pursuant to the NPDES regulations or requirements. Further, the Developer shall file a
Notice of Intent with the State Water Resources Control Board to obtain coverage under the
NPDES General Pencit for Stonn,Water Discharges Associated with Construction Activity
and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identify funding
mechanisms for post construction control measures. The developer shall comply with all the
proŸisions of the NPDES and the Clean Water Program during and after all phases of the
development process, including, but not limited to, mass grading, rough grading, construction
of street and landscaping improvements, and construction of dwelling units. The Developer
shall design the Project stonn drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, to the satisfaction of the
Director of Engineering. (Engineering)
36. Developer shall comply with all of the applicable provisions of the Stonn Water
Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal
Code), the Development and Redevelopment Project Stonn Water Management Standard
Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula
Vista Standard Urban Stonn Water Mitigation Plan to the satisfaction of the Director of
Engineering. -
37. Prior to approval of the Master Final Map wit1ùn the Project Developer shall enter into a
maintenance agreement with the CitY, where Developer agrees to operate and maintain in
perpetuity all private pennanent BMPs deemed necessary by the Director of Engineering to
provide service to the Project. Developer shall submit upon the City's request, and obtain
approval from the Director of Engineering of a maintenance program for the proposed
pennanent BMF's. The maintenance program shall include, but not be limited to: 1) a
manual describing the maintenance activities of said facilities, 2) an estimate of the cost of
such maintenance activities, and 3) a funding mechanism for financing the maintenance
program. (Engineering) ."
38. Prior to approval of each grading, construction, and building pennits for the Project,
Developer shall demonstrate, to the satisfaction of the Director of Engineering, compliance
with all the applicable requirements of the approved "The Summit at Eastlake Preliminary
Water Quality Technical Report" prepared by SB&O Inc dated October 3,2003..
SEWER
39. Design all public sewers in accordance with the following requirements:
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Resolution xxxxx
Page 13
a. Access points (manholes) to be located at centerline of street, cul-de-sac center, or at the
center of a travel lane, unless otherwise approved by the Director of Engineering.
(Engineering)
b. Provide improved all-weather paved access to all sewer manholes to withstand H-20
wheel load or other loading as approved by the Director of Engineering. (Engineering)
c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for
maintenance equipment. (Engineering)
d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved
by the Director of Engineering., Sewers serving 10 or less equivalent dwelling units shall
have a minimum grade of 1 'Yo. (Engineering)
e. All PCC paved sewer maintenance access roads shall be 6 inches in thickness and
contain #4 reinforcement bars at 18 inches on center each way to prevent differential
. displacement between concrete panels. (Engineering)
f. Sewer main pipes shall not run parallel and under slopes greater than 5: I unless
otherwise approved by Director of Engineering. (Engineering)
g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe,
as approvèd by the Director of Engineering. (Engineering)
h. Sewer connections to public systems along Eastlake Parkway and Olympic Parkway shall
be designed and constructed to the satisfaction of the Director of Engineering including
all-weather paved access that can withstand H-20 wheel loads. Upon request of the
Director of Engineering, Developer shall relocate any utilities and facilities required to
provide said access and connection. (Engineering)
WATER
40. Prior to approval of the Master Final Map, present verification to the Director of Engineering
in the form of a letter from Otay Water District indicating that the assessments/bonded
indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no
assessmentslbonded indebtedness exist on the parcel(s). (Engineering)
41. Prior to approval of the Master Final Map, present verification to the Director of Engineering
in the form of a letter from Otay Water District that, ,the subdivision will be provided
adequate water service and long-term water storage facilities. The Developer shall phase and
install water system improvements as required by the Otay Water District. (Engineering,
Planning & Building)
42. Prior to approval of the Master Final Map, the Applicant shall present verification to the
Director of Engineering in the form of a letter from Otay Water District that Otay Water
District is able to provide sufficient water supply pursuant to Section 66473.7 of the
California Government Code, as may be amended from time to time.
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Resolution xxxxx
Page 14
AGREEMENTSIFINANCIAL
43. Prior to the Master Final Map for the project, enter into a supplemental agreement with the
City wherein the Developer agrees as follows:
a. That the City may withhold building permits for the subject subdivision if anyone of the
following occurs:
1. Regional development threshold limits set by the City, have been reached or in order
to have the Project comply with the Growth Management Program as may be
amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with then effective Growth
Management Ordinance, and Growth Management Program and any amendments
thereto. Public utilities shall include, but not be limited to, air quality, drainage,
sewer and water.
iii. The required public facilities, as identified in tlÌe PFFP, or as amended or othelWise
conditioned have not been completed or constructed to the satisfaction of the City.
The Developer may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended, as approved by the City's Director of Planning & Building and the Director
of Engineering. (Engineering, Planning & Building)
b. Defend, indemnify and hold hanDless the City and its agents, officers- and employees,
from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, sèt aside, void or annul any approval by the City including approval
by its Planning Commission, City Councilor 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 subdivider of any claim, action or
proceeding, and on the further condition that the City fully cooperates in the defense.
(Engineering, Planning & Building)
c. Pennit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or unit
within the final map area. Developer further agrees to grant, by license or easement, and
for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to
cable television conduit within the properties situated within the final map only to those
cable television companies franchised by the City of Chula Vista, the condition of such
grant being that: 1) such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does not require
the trenches to be reopened to accommodate that placement of such conduits; and 2) any
such cable company is and remains in compliance with; and promises to remain in
compliance with the tenns and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the operation of cable
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Resolution xxxxx
Page 15
television companies as same may have been, or may from time to time be, issued by the
City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant.by such remedies as the City detennines appropriate, including
revocation of said grant upon detennination by the City of Chula Vista that they have
violated the conditions of grant. (Engineering, Planning & Building)
d. That the City may withhold the issuance of building pennits for the Project, should the
Developer be detennined by the City to be in breach of any of the tenns of the Tentative
Map Conditions or any Supplemental Agreement. The City shall provide the Developer
of notice of such detennination and allow the Developer reasonable time to cure said
breach. (Engineering, Planning & Building)
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project. (Engineering, Planning & Building)
f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP). (Engineering)
g. To not protest the fonnation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities. This agreement not to
protest shall not be deemed a waiver of the right to challenge the amount of any
assessment which may be imposed due to the addition of these new facilities and shall
not interfere with the right of any person to vote in a secret ballot election.
h. Indemnify, and hold harmless the City, its elected and appointed officers and employees,
from and against all fines, costs, and expenses arising out of non-compliance with the
requirements of the NPDES regulations, in connection with the execution of any
construction and/or grading work for the Project, whether the non-compliance results
from any action by the Developer, any agent or employee, subcontractors, or others. The
Developer's indemnification shall include any and all costs, expenses, attorney's fees and
liability incurred by the City. (Engineering)
44. Prior to approval of the Master Final Map, the Developer shall comply with all previous
agreements as they pertain to the Master Final Map area. (Engineering, Planning & Building)
45. Prior to approval of the Master Final Map, the Developer' shall provide evidence, satisfactory
to the Director of Planning & Building, that the school districts are satisfied. (Planning &
Building)
46. The Developer shall implement the final Air Quality Improvement Plan .(AQIP) measures as
approved by the City Council, and as may be amended from time to time, and to comply and
remain in compliance with the AQIP. (Planning)
47. The Developer acknowledges that the City Council may, f'\"om time-to-time, modify air
quality improvement and energy conservation measures related to new development as
various technologies and/or programs change or become available. The Developer shall
modify the AQIP to incorporate those new measures, which are in effect at the time, prior to
- .< i
,
Resolution xxxxx
Page 16
or concurrent with the Master Final Map approval within the Project. The new measures
shall apply, as applicable, to development within all future final map areas, but shall not be
retroactive to those areas, which receive Final map approval prior to effect of the subject new
measures. (Planning) ..
48. The Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures related to new development as various teclmologies and/or programs
change or become available. The Developer shall be required to modify the Water
Conservation Plan to incorporate those new measures, which are in effect at the time, prior to
or concurrent with the Master Final Map approval within the Project. The new measures
shall apply to development within all future [mal map areas, but shall not be retroactive to
those areas, which received final map approval prior to effect of the subject measures.
(Planning) , .
49. Prior to approval of the Master Final Map, the Developer shall be required to submit a
detailed acoustical analysis to the satisfaction of the Environmental Review Coordinator and
prepared by a qualified acoustical consultant that demonstrates that the building structures
are adequately designed such that second-floor interior noise levels, due to exterior sources,
will be at or below the 45 CNEL interior standard. Where exterior noise levels exceed 65
CNEL, additional measures shall be required to attenuate interior noise to the 45 CNEL
standard in compliance with the noise mitigation measures required in the FSEIR 97-04 and
associated Mitigation Monitoring and Reporting Program. (Environmental, Planning &
Building)
OPEN SP ACE/ASSESSMENTS
50. Conform to the design elements of the City's Landscape Manual for all landscaping, which
falls within the maintenance responsibility of the open space District. (Parks & Building
Construction)
51. Prior to approval of the Master Final Map for the Project, developer shall enter into a
maintenance and grant of easements agreement with the City to provide for the maintenance
of landscaping and improvements maintained by a Homeowners Association within City
right-of-way or such other public areas required by the City. (Engineering, Parks & Building
Construction)
EASEMENTS
52. Grant on the Master Final Map 15 foot wide easements (minimum) to the City of Chula Vista
as required by the Director of Engineering for constIUction and maintenance of sewer
facilities. (Engineering)
53. Notify the City, at least 60 days prior to consideration of the approval of the applicable final
map by City Council, if off-site right-of-way and easements cannot be obtained as required
by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of
the Subdivision Map Act are covered by this condition.) After said notification, the developer
shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the Tentative Map.
,-' W .
r - -'
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Resolution xxxxx
Page 17
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate is subject to the approval of the Director of Engineering.
c. Have all right-of-way and/or easement documents and plats prepared and appraisals
complete, as necessary to commence condemnation of proceeding, and as detennined by
the Director of Engineering.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements, or work related to the final map.
The Developer shaIl pay all costs, both direct and indirect, incurred in said acquisition.
Items a, b and c above shaIl be accomplished prior to the approval of the applicable final map.
(Engineering)
54. Grant on the Master Final Map a 20-foot minimum sewer and access easement for sewer
lines located between residential units, unless otherwise required by the Director of
Engineering. AIl other easements shaIl meet City standards for required width.
(Engineering)
MISCELLANEOUS
55. Prior to approval of any tentative and final map, submit copies of the map in a digital format.
The drawing projection shaIl be in California State Plane Coordinate System (NAD 83, Zone
6). The digital file shaIl combine all map sheets into a single CADD drawing, in DXF, DWG
or AIc View (GIS) format and shaIl contain the foIlowing individual layers:
Subdivision Boundary (closed polygons)
Lot Lines (closed polygons)
Street Centerlines (polygons)
Easements (polylines) ,
Street names (annotation)
Lot Numbers (annotation)
The digital file shaIl be submitted in accordance with the City Guidelines for Digital Submittal
on 3 Y2" disks CDs, or as an e-mail attachment or as otherwise approved by the Director of
Engineering. (Engineering)
56. Prior to approval of each grading, improvement and landscaping plan, submit copies of the
respective grading, improvement, and landscape plans in digital fonnat. The drawing
projection shan be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital files shaIl combine all sheets into a single CADD drawing for each set of plans, in
DXF, DWG or Arc View (GIS) format. The digital file shan be submitted in accordance with
the City Guidelines for Digital Submittal on 3Y2" disks CDs, or as an e-mail attachment or as
otherwise approved by the Director of Engineering. (Engineering, Planning & Building)
57. Prior to approval of the Master Final Map, Developer shaH enter into an agreement to
construct and secure to the satisfaction of the City Engineer, the foIlowing:
I ~" ~t ip
Resolution xxxxx
Pa~e 18
a. For horizontal control, a 'B' order (1" order) GPS monument per City of Chula Vista
Subdivision Manual Section 2-302.1.
b. For vertical control, a beñchmark per City of Chula Vista Subdivision Manual Section 2-
302.3.
",
;¡ ,
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Resolution xxxxx
Page 19
FIRE AND BRUSH MANAGEMENT
58. Provide fire hydrants every 500 ft. for single-family residential units and every 300 feet for
multi-family residential units:- An hydrants shan be operable prior to delivery of combustible
building materials, and minimum 20 feet wide, an-weather fire access roads shall also be
provided or an acceptable alternative approved by the Fire Marshall and in compliance with
the UFC. (Fire)
59. Prior to issuance of the first building permit, provide a 20-foot wide hard surface and
required fire hydrant with required water pressure to the satisfaction of the Fire Marshal.
(Fire)
60. Prior to delivery of combustible materials on any construction site, applicant shall, at a
minimum, provide for adequate water supply, vehicular access and temporary street signs.
Said access shan consist of minimum of first layer of hard surface with a minimum standard
width of 20 feet with temporary roads anowed on a case-by-case basis. An vehicular access
must be approved by the Director of Engineering. (Fire)
CODE REQUIREMENTS
6\. Comply with an applicable sections of the Chula Vista Municipal Code including Chapter
15.04 "Grading Ordinance" as amended. Preparation of the Master Final Map and an plans
shan be in acèordance with the provisions of the Subdivision Map Act and the City of Chula
Vista Subdivision Ordinance and Subdivision Manual. (Engineering)
62. Underground all utilities within the subdivision in accordance with Municipal Code
requirements to the satisfaction of the Director of Engineering. (Engineering)
63. Comply with an relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shan be responsible for providing all required testing and documentation
to demonstrate said compliance as required by the Director of Engineering. (Engineering)
.. ;-
64. Pay all required fees in the amount in effect at the time such fees are due, including the
fonowing fees, in accordance with the City Code and Council Policy:
The Transportation and Public Facilities Development Impact Fees
Signal Participation Fees
All applicable sewer fees, including but not limited to sewer connection fees.
Interim SR-125 development impact fee ".
Poggi Canyon Gravity Sewer Basin DIP
(Engineering, Planning & Building)
GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)/ PHASING
65. Developer shan comply with Chapter 19.09 of the Chula Vista Municipal Code (Gro\'<1h
Management) as may be amended from time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
(Engineering. Planning & Building)
¡-:; -.
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Resolution xxxxx
Page 20
66.lnstall public facilities in accordance with the Land Swap Supplemental Public Facilities
Financing Plan as may be amended from time to time, or as required by the Director of
Engineering to meet threshold standards adopted by the City of Chula Vista. The Director of
Engineering and Director of Planning & Building may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision.
(Engineering, Planning & Building)
67. If multiple development phases are proposed for the Project, Developer shall submit and
obtain approval for a development phasing plan by the Department of Engineering and
Director of Planning & Building prior to the issuance of the first building pennit within the
Master Final Map. The phasing pl~ shall include:
a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and
number of dwelling units in each sub-phase, and
b. . A table showing the subphase number, the lots included in the phase and the number of
units included in each phase.
Improvements, facilities and dedications to be provided with each phase shall be detennined
by the Director of Engineering and Director of Planning & Building. The City reserves the
right to require improvements, facilities and/or dedications as necessary to provide adequate
circulation and to meet the requirements of Police and Fire Departments. The Director of
Engineering and Director of Planning & Building may, at their discretion, modify the
sequence of improvements and construction should conditions change to warrant such
revision(s). (Engineering, Planning & Building)
HOMEOWNERS ASSOCIATIONS (HOA)/DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS CC&Rs)
68. Prior to approval of the Master Final Map, Developer shall enter into an agreement to
establish an HOA, or any other financing mechanism acceptable to the City for the Project.
69. Within 90 days of approval of the Master Final Map for the project, the Developer or its
successor in interest shall submit to the City a draft copy of the HOA or other financing
mechanism acceptable to the City for review by the Director of Planning &Building, Director
of Parks and Building Construction and Director of Public Works. Developer shall also
provide to the City satisfactory evidence demonstrating a budget sufficient to provide all
required maintenance. The approved financing mechanism shall establish the responsibilities
for common areas identified in the Maintenance Responsibility Map to be approved prior to
said Master Final Map. The financing mechanism shall include the following:
a. Provisions ensuring the maintenance of all private common facilities located within the
project including, but not be limited to: walls, fences, community theme walls, water
fountains, lighting structures, paths, trails, access roads, drainage structures, water quality
treatment facilities, landscaping, trees, streets, parking lots, driveways, and private
sewage, and water systems. Common facilities are to be identified or labeled in an
exhibit in the CC&Rs. Maintenance shall also be provided for any detention facilities for
the Project.
..¡
Resolution xxxxx
Page 21
b. Provisions, which clearly indicate the responsibility of the HOA to water and maintain
irrigation and planting within the public parkways, public easements, and adjacent slope
areas within the entire frontage of Eastlake Parkway.
c. Provisions, which clearly indicate the responsibility of the HOA to water and maintain
irrigation and planting within all areas within the project frontage along Olympic
Parkway between the back of trail and top of slope including areas identified on Map
Number 14591 as Lot "A" and Lot "B."
d. Languag~ naming the City of Chula Vista as a party to the CC&Rs, with the authority, but
not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner
as any owner within the HOA.' Should the City act to enforce the terms and conditions of
the CC&Rs, all costs associated with such action shall be paid for by the HOA.
e. "Before any revisions to provisions of the CC&Rs that may particularly affect the City can
become effective, said revisions shall be subject to the approval of the City. The HOA
shall not seek approval from the City of said revisions without the prior consent of 100
percent of the holders of first mortgages or property owners within the HOA unless
otherwise approved by the Director of Planning & Building.
f. The HOA shall indemnify and hold the City harmless from any claims, demands, causes
of action liability or loss related to or arising from the maintenance activities of the HOA.
g. The HOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the HOA.
h. The HOA is required to procure and maintain a policy of comprehensive general liability
insurance written on a per-occurrence basis in an amount not less than one million dollars
combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured. The policy shall not contain a cross-suit exclusion clause which
would abrogate coverage should litigation ensue between insured's.
i. Language assuring HOA membership in an advance notice service such as the USA Dig
Alert Service in perpetuity.
"
70. Future property owners shall be notified during escrow by a document to be initialed by the
owners of the maintenance responsibility of the HOA and their estimated annual cost. The
form of said document shall be approved by the Director of Planning & Building and the
Director of Engineering prior to approval of the Master Final Map for the Project.
(Engineering, Planning & Building)
71. Prior to approval of the Master Final Map, Developer shall submit and obtain approval of a
revised Maintenance Responsibility Map for the Project from the Director of Planning &
Building and the Director of Engineering, which shall include delineation of private and
public property. (Planning & Building, Engineering)
,¿
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Resolution xxxxx
Page 22
72. Prior to approval of the Master Final Map, pay a fee of$6,750.00 to the City's Department of
Public Works - Transit Division for bus stop improvements near the entrance(s) on Olympic
Parkway and EastLake Parkway.
-
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 of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
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. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
X. INY ALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
It is in the public's interest for City to require EastLake to indemnify the City against the
adverse risks and costs of a challenge to City's actions in approving the Tentative
Subdivision Map for EastLake Land Swap Residential, Chula Vista Tract 04-01 and related
discretionary approvals, if any; and
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
and directed to execute said agreement for and on behalf of the City.
Presented by: Approved as to form by:
; ;l21J};f) n!\'~
Jim Sandoval Ann ore
Director of Planning & Building City Attorney
I -"' -I
Resolution xxxxx
Page 23
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this - day of , 2004 by the following vote:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. - was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the - day of ,2004.
Executed this - day of , 2004.
Susan Bigelow, City Clerk
J:\PlanninglStanDlEostlakolLand Swap RosidontJallPCS 04-01 TM Jan. 13. 041TM2draftCondirionsCC Roso working doc. doc
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EXHIBIT A
COUNCIL AGENDA STATEMENT
Item: 14
Meeting Date: 1/13/04
ITEM TITLE: PUBLIC HEARING: TO NOTICE THE USE OF FY 03 -
04 COPS FUNDING PER THE CITIZENS OPTION FOR
PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT
SERVICES
RESOLUTION ACCEPTING $279,480 FROM
STATE COPS FOR LOCAL LAW ENFORCEMENT AND
AMENDING THE FY 03 - 04 BUDGET TO
APPROPRIATE $17,486 FOR THE LOCAL LAW
ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL
MATCH AND AUTHORIZING STAFF TO DESIGNATE
THE REMAINING FUNDS OF $261,994 FOR
OPERATIONAL EQUIPMENT AND AUTHORIZING THE
CHIEF OF POLICE TO UTILIZE (REPROGRAM)
SAVINGS RESULTING FROM THE EQUIPMENT
PROCUREMENT PROCESS FOR ADDITIONAL
UNSPECIFIED OFFICER SAFETY EQUIPMENT AND
SUPPLIES.
SUBMITTED BY: Chief of POIiC~'/
'Iv
REVIEWED BY: City Manager(¡ ~!v (4/5ths Vote: Yes....!... No _)
/"J
The Police Department received $279,480 through State COPS for Local Law
Enforcement funding. State money is allocated to the Police Department for
purposes stipulated by the Citizen's Option for Public Safety (COPS) Program.
The Police Department proposes to use the funds to meet operational
Department equipment needs as well as the local cash match requirement for the
Local Law Enforcement Block Grant.
RECOMMENDATION:
1. That Council hold a public hearing to notice the use of COPS funding to
pay for police equipment; and,
2. That Council adopt the Resolution accepting $279,480 from the State
COPS and appropriate $17,486 for the Local Law Enforcement Block
Grant (LLEBG) local match and authorizing staff to designate the
remaining funds of $261,994 for operational equipment; and,
;4-- I
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Page 2, Item ~-
Meeting Date: 1/13/04
3. That the Council authorize the Chief of Police to reprogram savings
resulting from the equipment procurement process for additional officer
safety equipment and resources.
BOARDS/COMMISSIONS RECOMMENDATIONS: The State appropriation
requires a Regional Oversight Committees' approval of the funds prior to
disbursement. In accordance, the Supplemental Law Enforcement Oversight
Committee (SLEOC) was established in San Diego County. The committee is
made up of the County of San Diego Sheriff, the County of San Diego CAO, a
regional City Manager and the District Attorney. The Committee recommends
approval of the State Local Law Enforcement funds as proposed.
BACKGROUND:
During FY 96 - 97 the State appropriated funds for local law enforcement
services per AS 3229, Chapter 134, Statutes of 1996. In accordance with this
legislation, the State has appropriated funds annually to local law enforcement
agencies. The City of Chula Vista's proportionate share of these funds for FY
2004 is $279,480. These funds are to be deposited in the City's Supplemental
Law Enforcement Fund and used for law enforcement personnel and equipment
needs as prescribed by the original legislation (AS 3229). Use of these funds
must supplement and not supplant. These funds have a twenty-five percent
(25%) in kind contribution requirement. In kind funds will be staff time associated
with procurement of equipment and training of personnel. The allocation of
future funds is subject to annual state budget deliberations.
DISCUSSION
The Police Department recommends that the City Council accept the State
allocation and approve use of the funds for equipment costs related to the
expansion of police services as stipulated by the Citizens' Option for Public
Safety (COPS) Program. The Department proposes to use the funds to
purchase necessary operational equipment for the new Police Facility to enhance
service delivery and improve the effectiveness of the department. After
reviewing equipment needs staff identified a list of essential equipment; in
general these items fall into two major categories - technology and equipment.
Some of the major purchases include new copy machines estimated at a cost of
$160,000. The additional $101,994 will be utilized to address operational and
equipment issues in the new facility. Examples of purchases would be additional
printers and other office equipment to properly outfit the new Police Facility.
/Ú ~ 9-
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Page 3, Item I~
Meeting Date: 1/13/04
FISCAL IMPACT:
Acceptance of the State COPS funding would make $279,480 available for local
law enforcement needs. These funds are proposed to be used for operational
equipment, overtime, and to meet the local match requirement for the Local Law
Enforcement Block Grant. In general the equipment to be purchased are one-
time expenditures and result in no impact to the General Fund. State COPS
funds have a 25% in kind contribution requirement. The in kind contribution will
be staff time associated with procurement of equipment, hiring and training of
new personnel. Consistent with grant requirements, the funds are recommended
to be used to supplement local law enforcement and not supplant existing funds.
;4/3
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $279,480 FROM STATE COPSD
FOR LOCAL LAW ENFORCEMENT AND AMENDING THE FY
03-04 BUDGET TO APPROPRIATE $17,486 FOR THE LOCAL
LA W ENFORCEMENT BLOCK GRANT (LLEBG) LOCAL
MATCH AND AUTHORIZING THE CHIEF OF POLICE TO
UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE
EQUIPMENT PROCUREMENT PROCESS FRO ADDITIONAL
UNSPECIFIED OFFICER SAFETY EQUIPMENT AND
SUPPLIES
WHEREAS, the Police Department received $279,480 through State COPS for
Local Law Enforcement funding; and
WHEREAS, the Police Department proposes to use the funds to meet operational
Department equipment needs as well as the local cash match requirement for the Local Law
Enforcement Block Grant; and
WHEREAS, the Police Department rccommends that the City Council accept the
State allocation and approve use of the funds for equipment costs related to the expansion of police
services as stipulated by the Citizen's Option for Public Safety (COPS) Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula
Vista does hereby hold a public hearing to notice the use of COPS funding to pay for police
equipment, accept $279,480 from the State COPS and appropriate $17,486 for the Local Law
Enforcement Block Grant (LLEBG) local match and authorizing staff to designate the remaining
funds of $261,994 for operational equipment, and authorize the Chief of Police to reprogram
savings resulting from the equipment procurement process for additional officer safety equipment
and resources.
Presented by Approved as to form by
~\:}'í(\{,\~~~\\ ~()'
Richard P. Emerson Aru1 Moore
Chief of Police City Attorney
rhllorneyhc>o!l1""",/LLEI\G l"nus 010(,04
¡tf-q
COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 01/13/2004
ITEM TITLE: Resolution Amending the Fiscal Year 2004 budget and the
Fiscal Year 2005 spending plan for personnel, supplies and services needed to operate
the Police Department Holding Facility, and appropriating funds from the available
balance of the General Fund; adjusting the salary of the Police Services Officer and
amending the Master Fee Schedule to include a $175 booking fee.
SUBMITTED BY: Chief of POliC~
REVIEWED BY: City Manage~ (4/5th Vote: Yes l No_>
The Police Department will be opening a new 150,000 sq. ft. facility in February. As part of
the new facility, the department will be operating a Type I Holding Facility. In order to
operate this facility as required by law, the department is requesting additional staffing.
Additionally, the department is seeking approval to add a $175 Booking Fee to the Master
Fee Schedule.
RECOMMENDATION: That Council adopt the resolution amending the Fiscal Year
2004 budget and the Fiscal Year 2005 spending plan for personnel, supplies and
services needed to operate the Police Department Holding Facility, and appropriating
funds from the available balance of the General Fund; adjusting the salary of the Police
Services Officer and amending the Master Fee Schedule to include a $175 booking fee.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City of Chula Vista Police Department currently operates a temporary holding facility
with approximately 300 sq. ft. of jail space with a total of approximately 1000 sq. ft. overall
for jail operations. There are three holding cells with a maximum capacity of six inmates,
which can only be held up to eight hours. The purpose of this facility is to temporarily hold
suspects after arrest, complete the booking information and prepare the suspect for
transport to County jail. If arrested suspects do not meet the County of San Diego's
requirements for booking (misdemeanors), into County jail they are released on their own
recognizance.
As the department moves into the new Chula Vista Holding Facility (CVHF), the
department will operate a Type I Holding Facility comprised of 11 cells occupying 1900 sq.
ft. of jail space with a total of approximately 8,500 sq. ft overall for jail operations. This
facility will hold up to 46 inmates, who can be held for a maximum of 96 hours before they
are to be released or transported to court for arraignment. As required by State law, the
CVHF will also have two sobriety cells that can accommodate an additional 12 inmates for
a maximum of 12 hours. The holding of inmates longer than eight hours requires specially
I '
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Page 2, Item ,'-\
Meeting Date 01/13/2004
trained staff in inmate management. Once inmates have been scheduled for arraignment,
they are transported to the South Bay County Courthouse. Once arraigned, the individuals
are then either released by the court or turned over to the County Sheriff for transport to
county jail.
BENEFITS
Operating a Type I holding facility will be beneficial to both the police department and the
Chula Vista community. First, by having suspects in our facility for more than eight hours
allows detectives to have much more contact with the suspect and be able to question
those who are willing to talk at anytime while in our custody. Currently, detectives can only
question the suspect at our facility during the eight-hour holding period. At that point, the
suspect must either be released or booked into County Jail. Once booked into County Jail,
it becomes increasingly difficult to question the suspect. The department has designed
special interrogation rooms throughout investigations wing of the building for this purpose.
This will aid detectives in handling their cases.
Second, the department will be able to act on the approximately 9000 misdemeanor/traffic
warrants in Chula Vista which typically go unserved, as they do not qualify to book into
County jail (the County will not accept these prisoners). The County is unable to accept
these lower level bookings due to State mandated overcrowding policies for jails. These
lower level offenses include assaulting a Police Officer, possession of a concealed
weapon, prostitution, DUI/Under the influence of controlled substances, and shoplifting.
With the new jail facility, the City will be able to serve these warrants, arrest the individuals,
and hold them for arraignment. This allows the department to expand its law enforcement
capabilities without having to rely upon other agencies.
Third, this will allow better utilization of Problem Oriented Policing strategy. State law
allows police to arrest and hold individuals who are committing misdemeanors who are
likely to continue their behavior after being cited. An example of this would be prostitution.
Currently, if an officer stops an individual for prostitution, they are most often cited and
released because the offense does not rise to the level for booking into County jail. The
individual then can reasonably expect to return to their former criminal conduct. It is not
unusual for officers to repeat this cycle of arrest-cite-release-arrest during their shift. The
current holding facility for the department does not have the rating or capacity to hold
individuals for any length of time other than to book into County jail. However, with the new
CVHF the department would be able to hold individuals up to 96 hours then either release
or send to court. This will have a significant impact on offender sweeps and will allow
officers the ability to make a substantial impact in key "quality of life" crimes.
STATISTICS, BUDGETS, OPERATIONS
Over the last three years, the City of Chula Vista Police Department has averaged about
4044 arrests each year that are bookable offenses. Each individual is booked at our facility
and then transported to either County jail in downtown San Diego or the Las Colinas
Women's Detention Facility. The City pays the County of San Diego $154 for each inmate
-
Page 3, Item £-
Meeting Date 01/13/2004
that is booked into jail awaiting arraignment. In fiscal year 2003, the department paid
$439,978 to the County of San Diego Sheriff's Department for booking services- The State
of California only reimbursed the City $269,192. This amount was based upon the
departments 1998 expenditures for booking fees to the County and has not been adjusted
by the State since adoption- This resulted in a direct cost to the City of $170,786-
With the new Type I holding facility, the department will continue to book violent inmates or
inmates with mental/physical problems directly into County jail as the County is trained and
equipped to handle these types of inmates. However, all other offenders would be booked
into the CVHF- The department estimates that approximately 400 inmates would need to
be booked directly to County jaiL The resulting booking fees ($61 ,600) would be completely
offset through the State via the booking fee reimbursement program.
Currently Peace Officers provide all of the transport duties of prisoners to any of the
detention facilities. This effecUvely removes that officer from his/her patrol duties for
upwards of 2 hours- In fact, one component of the Patrol Staffing Study includes peace
officer time spent transporting prisoners 1. Police Services Officer's would do all
transportation of inmates from the CVHF to the South Bay County Courthouse. The
transport time to the South Bay Courthouse is only 15 minutes; compared to the 2 hours
(average) it normally takes for an officer to currently drive and book-in a prisoner to County
jail facilities- The time-savings for the peace officer would be spent on community policing
and patrol operations- Additionally, the inmates would be able to be "batch" processed in
the CVHF. This means that instead of the multiple trips that are conducted each day (due
to holding time restrictions), inmates would be transported each morning in groups for their
arraignment.
Currently, there are 2100 felony arrest warrants and approximately 9000
misdemeanor/traffic warrants for Chula Vista residents- Most of the misdemeanor/traffic
warrants will go unserved, as they do not qualify to book into County jaiL With the new jail
facility, the City will be able to serve these warrants, arrest the individuals, and hold them
for arraignment if needed- With a conservative estimate of a 30% success rate in serving
these warrants, the department would be able to generate upwards of $440,000 in booking
fees. The revenue projections listed below are a conservative estimate of the booking fee
income. Additionally, the department would be able to arrest individuals who commit
serious misdemeanor offenses that would not qualify to be booked into County jaiL
Offenses that don't qualify for booking include assaulting a Police Officer, possession of a
concealed weapon, prostitution, DUI/Under the influence of controlled substances,
shoplifting and other offenses that the department deem serious, but due to space
limitations at county facilities, these types of offenses are not able to be booked.
Additionally, with each warrant that is served and processed, a portion of the funds goes
directly into the County criminal justice system.
1 Patrol Staffing Study would be adjusted to reflect this change in net officer time for patrol duties-
I)
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Page 4, Item ~
Meeting Date 01/13/2004
STAFFING PROPOSAL
Current holding facility operations include 5 Police Services Officers with supervision
provided by the on-duty watch commander (Lieutenant). A Police Agent provides additional
coverage during shifts where there are no Police Services Officers available.
Police Services Officers
In order to meet state and federal guidelines for jail operations for a Type I holding facility
of the size of CVHF, the department is requesting nine additional Police Services Officer's
(PSO). Since there are additional training requirements for the PSO's to operate in a Type I
facility, the department proposes increasing the current base salary of the PSO 10% to
reflect the increased responsibility and qualifications to operate in a Type I holding facility.
The PSO's will be on a 4-10 schedule (work four days a week, 10 hours a day; see
attached). This schedule will provide adequate coverage during critical times including
inmate booking, inmate feeding, inmate pre-arraignment preparation, and transportation to
court. This schedule has built in overlaps for shift changeover and inmate
processing/feeding.
CVHF Lieutenant
The department is requesting the addition of a police lieutenant to provide direct
supervision and management of the jail facility. There are several reasons why the
department is requesting management level oversight of the CVHF. First, the Lieutenant is
the appropriate level manager to make decisions in regards to inmate care and processing.
Oftentimes in an environment such as a holding facility, decisions need to be made quickly
and with authority. The lieutenant position has sufficient autonomy and authority to make
operational decisions. Second, the Lieutenant position is the appropriate level to deal with
vendors and the contracted agencies on a daily basis. Dealing with day-to-day complaints,
issues, etc. requires the same decision making ability outlined above. Third, the police
Lieutenant position will be able to provide immediate span of control oversight in the case
of an emergency that requires additional sworn personnel to help with a jail crisis. Fourth,
the Lieutenant will be able to provide a valuable interface between patrol, investigations
and the jail facility due to the rotation of Leutenants through each of these units. The CVHF
Lieutenant will be intimately familiar with the sworn concerns of jail functions/management.
During off-schedule times, the Patrol Watch Commander will provide functional oversight of
the CVHF. Therefore, having a lieutenant as the CVHF manager, there would be continuity
in ranks of supervision.
Senior Office Specialist
The department is also requesting one Senior Office Specialist to handle the day-to-day
clerical tasks, billings, and collection process for the jail facility. This position will be critical
in the paperwork processing that is necessary in conducting a Type I holding facility. State
15-'-1
'"..-- ---_.... ......"
Page 5, Item I ,;
Meeting Date 01113/2004
and Federal guidelines require extensive documentation for each inmate. It is critical that
the paperwork be complete, accurate and stored correctly. Additionally, this position will
handle the paperwork required to charge the $175 booking fee. This fee is attached to the
judgment by the court. This is not done automatically, and the request for the addition of
the booking fee must be sent in prior to the case adjudication. Once the court has levied
the $175 booking fee against the convicted individual, this position will initiate collection
procedures as well.
The FY 04 cost for staffing as proposed would be an additional $190,717 above the
currently budgeted jail operations budget. This figure assumes a staggered hiring and
reaching full staffing in April 2004. The FY 05 additional cost for staffing the CVHF would
be $704,753.
After the holding facility has been open as a Type I holding facility for at least a year, the
department will reevaluate staffing levels as well as whether a "lead" position at the PSO
level would be necessary. A lead position would be able to provide valuable oversight
(although not direct supervision) during swing and graveyard shifts when the CVHF
lieutenant is not on duty. Additionally, it is anticipated that the lead position would provide
training to new PSO's when hired much like a Field Training Officer in Patrol.
SUPPLIES AND SERVICES
In FY 2004, it is proposed that $10,000 be appropriated for CVHF related supplies.
In FY 2005, it is proposed that $85,000 be appropriated for inmate food, $50,000 be
appropriated to contract for medical services and $20,000 be appropriated for CVHF
related supplies.
REVENUE SOURCES
The department intends upon fully offsetting the cost of the additional staff through two
processes:
1) Create a $175 booking fee that will be charged to all prisoners who are convicted
of a crime as a result of their being arrested and placed in jail.
2) Contract with other law enforcement agencies to handle their prisoners prior to
adjudication.
Bookinq Fee
The department is proposing the addition of a $175 booking fee that will be charged to
each individual who is arrested, booked into CVHF and convicted of a crime related to the
original arrest. Booking fees are routinely charged in other Type I holding facilities
throughout the State of California, and the fee proposed is consistent with fees charged at
other facilities. California Government Code 29550.3 authorizes cities to collect a booking
fee from individuals when the conviction is ".. .in conjunction with the arrest if the person is
convicted of any criminal offense related to the arrest, whether or not it is the offense for
which the person was originally booked." The fee will cover the cost of incarceration at the
J <C.,
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Page 6, Item ~
Meeting Date 01/13/2004
CVHF. Each individual that is convicted will have the $175 booking fee attached to his or
her restitution order. Those individuals who are not convicted, will not be charged the
booking fee. The table below estimates the revenue that will be generated based upon
prior years statistics:
Estimated Conviction Collection Estimated
Arrests 1 Rate2 Rate3 Revenue
2004 4246 4161 2081 $364,112
2005 4477 4369 2185 $382,375
2006 4701 4588 2294 $401,450
Estimates based upon current year bookable arrests plus 5% Increase due to population Increase.
2 Conviction rate based upon County total conviction rates.
'Collection rate based upon State average of booking fee collection rates.
The department requests that the $175 booking fee be added to the Master Fee
Schedule and that the following language be added to Chapter II of the Master Fee
Schedule:
c. POLICE
3. Bookinq Fee
a. In accordance with California Government Code 29550.3, those
individuals who are arrested by the Chula Vista Police Department and
detained in the Chula Vista Police Department Holdinq Facility shall be
subiect to a $175 Bookinq Fee if convicted of a crime as a result of the
arrest by the Chula Vista Police Department.
Jail Services Contract
Currently the department is in negotiations with agencies that have expressed interest in
utilizing the CVHF to temporarily house their non-violent inmates prior to disposition. The
agencies are seeking bed guarantees in which they will pay for a minimum amount of jail
space to house their inmates. These guarantees would be paid regardless of whether they
have actual inmates in CVHF custody or not. It is estimated based on current discussions
that the minimum reyenue generated through both of these contracts would be $700,000
each year. The department does not anticipate that these bed guarantees will interfere with
normal jail operations forthe City. As the City's inmate inflow increases over the years, the
department will adjust the bed guarantees to adequately reflect the department's needs for
bed space.
I (¡;)
Page 7, Item (s:
Meeting Date 01/13/2004
MISCELLANEOUS ISSUES
Staff from the police department has been meeting with representatives from the San
Diego County Sheriff's Department, the District Attorney's Office, the South Bay
Municipal Court and other interested parties to work out the logistics associated with
this type of operation. The department is confident that solutions will be found to all of
the issues that have been presented. Some of the major issues that are being worked
on at this time include:
. The transfer of prisoners from CVHF to the Court
. Information flow from/to CVHF, the Court and Sheriff's Office
. How the Court will deal with larger number of cases
/5- 7
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Page 8, Item £
Meeting Date 01113/2004
FISCAL IMPACT
FISCAL SUMMARY FY 2004 and FY 2005
FY 2004
..11 IllIr, . I . ,. I' ,
Personnel FY 04 I $190,7171
Supplies/Services 04 I $10,000 1
Total Additional Expenditures I $200,717 I
. I' 'I.I~I.
Contract for Services (Est. April Start) I $173,000 1
Bookinq Fees !Est. April Start) 1 $90,000 I
. .Wi1I!!8.'.. . . . " .. :
FY 2005
ADDITIONAL EXPENDITURE FY 05 AMOUNT
Personnel FY 05 $704,753
Supplies/Services $155,000
Bookinq Fee 1$338,400)
TOTAL ADDITIONAL EXPENDITURES $521,353
ADDITIONAL REVENUE FY 05 AMOUNT
ESTIMATED ADDITIONAL COST FY 05 ($353,430)
As shown above, there is a positive fiscal impact to the general fund. All costs will be
covered through booking fees and holding facility contracts.
I' , /
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I) .
Kevl s;ed
-r. -=#/5
-Ltem
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 BUDGET AND THE FISCAL YEAR 2005
SPENDING PLAN FOR PERSONNEL, SUPPLIES AND SERVICES NEEDED TO
OPERATE THE POLICE DEPARTMENT HOLDING FACILITY, AND
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND; ADJUSTING THE SALARY OF THE POLICE SERVICES
OFFICER AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE A $175
BOOKING FEE.
WHEREAS, the Police Department will be opening a new 150,000 square feet
facility in February; and
WHEREAS, as part of the new facility, the department will be operating a Type I
Holding Facility; and
WHEREAS, in order to operate this facility as required by law, the department is
requesting an additional nine Police Services Officers, one Police Lieutenant and one Senior Office
Specialist; and
WHEREAS, because of the increased duties, responsibilities and training
requirements, the position of Police Services Officer requires a 10% salary increase to reflect the
new duties and increased responsibilities; and
WHEREAS, the department is seeking to amend the Master Fee Schedule to include
a $175 booking fee to offset the cost of incarcerating prisoners,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby amend the Fiscal Year 2004 budget $200,717 for related personnel, supplies and
services and the Fiscal Year 2005 spending plan $521,353 for related personnel, supplies and
services needed to operate the Police Department Holding Facility, and appropriating funds from
the available balance of the General Fund; adjusting the salary ofthe Police Services Officer and
amending the Master Fee Schedule to include a $175 booking fee.
Presented by Approved as to fonn by
(~J~ . ~(J,,""~~~\À \.0{
Richard . Em. n ru-~~Z- Ann Moore "
Chief of Police ) City Attorney
JJattomey/resolfi"anceIÑINE POLICE OFFICERS
. -... .. -,., --..-.-..- .----.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 BUDGET AND THE FISCAL YEAR 2005
SPENDING PLAN FOR PERSONNEL, SUPPLIES AND SERVICES NEEDED TO
OPERATE THE POLICE DEPARTMENT HOLDING FACILITY, AND
APPROPRIATING FUNDS FROM THE A V AILABLE BALANCE OF THE
GENERAL FUND; ADJUSTING THE SALARY OF THE POLICE SERVICES
OFFICER AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE A $ I 75
BOOKING FEE.
WHEREAS, the Police Department will be opening a new 150,000 square feet
facility in February; and
WHEREAS, as part of the new facility, the department will be operating a Type I
Holding Facility; and
WHEREAS, in order to operate this facility as required by law, the department is
requesting additional staffing; and
WHEREAS, because of the increased duties, responsibilities and training
requirements, the position of Police Services Officer requires a 10% salary increase to reflect the
new duties and increased responsibilities; and
WHEREAS, the department is seeking to amend the Master Fee Schedule to include
a $ I 75 booking fee to offset the cost of incarcerating prisoners,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
does hereby amending the Fiscal Year 2004 budget and the Fiscal Year 2005 spending plan for
personnel, supplies and services needed to operate the Police Department Holding Facility, and
appropriating funds from the available balance of the General Fund; adjusting the salary ofthe
Police Services Officer and amending the Master Fee Schedule to include a $ I 75 booking fee.
;m:oe £ Approved as to fDIm by
~K(1,!,~ \f\\J-~\~,
Richard P. Emerson Moore
Chief of Police City Attorney
Jhttomey/resol1inance/NINE POLIce OrrICERS
/ .. I
!
COUNCIL AGENDA STATEMENT
Item \~
Meeting Date 1/13/2004
ITEM TITLE: Resolution Approving Change Order No.4 for the "Phase
II of the Salt Creek Gravity Sewer Interceptor (SW2l9)" Project and
Authorizing the Director of Public Works Operations to Execute Said Change
Order on Behalf of the City
SUBMITTED BY: Director ofPub~ic Works operatio~
REVIEWED BY: iÞ'V
City Manager f~ ì)"..J (4/Sths Vote: Yes - No.xJ
On December 17, 2002, the City Council approved Resolution No. 2002-515 awarding a contract in
the amount of$2,447,067 to Modem Continental Construction Company of California, Inc. for the
construction of ai, 1 00 foot tunnel under Interstate 5 from the east side to the west side of the
freeway using microtunneling methods, the installation of a 42-inch gravity sewer line inside said
tunnel, and connection of the sewer to the METRO system. On two occasions, the microtunneling
machine became "stuck." Proposed Change Order No. 4, in the amountof$I,100,000 (Attachment
"A"), is for larger, more sophisticated machinery and equipment than specified in the original
contract that is deemed necessary to guarantee the successful completion of the final 830 feet ofthe
14.5 mile-long Salt Creek Sewer project
RECOMMENDATION: That Council adopt the Resolution approving Change Order No.4 for
the "Phase II of the Salt Creek Gravity Sewer Interceptor (SW219)" Project and Authorizing the
Director of Public Works Operations to Execute Said Change Order on Behalf of the City
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Microtunneling operations for the finall, 1 00 feet ofthe 14.5 mile-long Salt Creek Sewer began in
early May 2003. Unfortunately, the 66" diameter microtunnelingmachine has become "stuck" twice
and is now unable to advance, resulting in significant costs due to "down-time" and a rescue and
recovery operation. Fortunately, in both cases, the microtunneling machine has not become stuck
under the actual lanes of Interstate 5 and has been retrieved through the construction of recovery
shafts and hand-dug tunnels. The contractor is prepared to repair the 66" diameter machine and to
proceed with the tunneling operations from the recovery shaft; however, the contractor and City staff
are concerned that the tunneling could again be stopped due to some unforeseen circumstance and,
therefore, cannot be assured ofthe successful completion of the tunnel. If the 66" machine were to
become stuck again under the actual travel lanes ofInterstate 5, it would be particularly difficult to
complete the tunnel and the machine would probably have to be concreted in place and the City
would have to essentially start over with a new contract and a new tunnel alignment.
1/ - "
I .t)
Page 2, Item \~
Meeting Date 1/13/2004
City staff has been working with the contractor on a process that would guarantee that the project
does not again get stopped. In order to guarantee completion of the tunnel along the cUlTent
alignment, Modem Continental proposes the use of a larger, more sophisticated microtunneling
machine. Proposed Change Order No.4 would implement the contractor's proposal to complete the
project using a 94" diameter microtunneling machine. The larger machine, which includes an air
lock system that allows access to the cutting face, will enable the contractor to send workers through
the completed tunnel to the face of the equipment to work on any obstructions and certain types of
damage to the machine, should either occur. The significance of the proposed change order is that
the contractor would fully guarantee the successful completion of the remainder of the tunneling
operation using the larger equipment, excluding any unanticipated man-made obstructions beyond
the capability of the machine.
Due to the long lead-time to manufacture and deliver the 94" diameter steel casing needed to
implement Proposed Change Order No.4, staff executed Change Order No.3 to the contractor in the
amount of $50,000 for the sole purpose of manufacturing the steel rings needed to make the 94"
diameter steel casing that comprises the completed tunnel.
It should be noted that the cost to date of the overall project, constructed in four phases, is
approximately $27 million. The final cost of the entire Salt Creek Sewer project (all four phases)
will be approximately $30 million, including the proposed change order and environmental
mitigation costs. A total of$31.8 million was appropriated for this project.
The following is a snmmary of prior actions with regard to this project and actions recommended by
staff under the proposed resolution:
Action Description Authorization Amount
Original (Base Contract) Contractor's Base Bid as Awarded by City Council Res. 2001-515 $2,447,067.00
Council on December 17, 2003
Change Order No.1 Removal of man-made obstruction near Dir. ofEngineering* $ 46,073.46
jacking pit and repair to tunnel boring
machine
Change Order No.2 "Open for Business" Banners for businesses Dir. ofEngineering* $ 1,200.00
along Main Street at Interstate 5
Change Order No.3 Authorize manufacture and delivery of steel Dir/ of Engineering* $ 50,000.00
rings for 94" steel casing due to long lead
time in order to facilitate Proposed Change
Order No.4, if aooroved bv CitY Council
Proposed Change Order Complete Tunnel using Larger Microtunnel Proposed for City $1,100,000.00
No.4 Boring Machine and Guarantee of Council Approval
Completion
* Approved by Director of Engineering per City Council Policy No. 574-0 I Total $3,644,340.46
l~/).
,---,--------- ~----- - ------------'
Page 3, Item \~
Meeting Date 1/1312004
FISCAL IMPACTS:
Proposed Change Order No.4, along with prior Change Order Nos. 1 through 3, will increase the
contract amount from $2,447,067 to $3,644,340.46. Sufficient funds are available in the Salt Creek
Sewer (SW-2l9) Project Account to cover the increase in the contract amount.
Attachment: Proposed Change Order No.4
CitywidelPublic Works OperationslAl13's 20041SW219-Phase 2- CC03.113.doc 12/19/20031:24PM
/!'p#3
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CHANGE ORDER NO 4 FOR THE "PHASE II
OF SALT CREEK GRAVITY SEWER INTERCEPTOR (SW219)"
PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON
BEHALF OF THE CITY
WHEREAS, on December 17, 2002, the City Council approved Resolution No. 2002-515
awarding a contract in the amount of $2,447,067 to Modern Continental Construction Company
of California, Inc. for the construction of ai, I 00 foot tunnel under Interstate 5; and
WHEREAS, the 66" diameter microtunneling machine has become "stuck" twice and is
now unable to advance. resulting in signifIcant costs due to "down-time" and a rescue and
recovery operation; and
WHEREAS, proposed Change Order No.4, in the amount of $1,100,000 is for larger,
more sophisticated machinery and equipment than specified in the original contract that is
decmed necessary to guarantee the successful completion of the final 830 feet of the 14.5 mile-
long Salt Creek Sewer project; and
WHEREAS, the following is a summary of prior actions with regard to this project and
actions recommended by staff under the proposed resolution; and
ACTIO DESCRIPTION I AUTHORIZATION II AMOUNT I
Original (Base Contractor's Base Bid as Counci] Res. 200]-515 $2,447,067.00
Contract) awarded by City CouncIl on
December 17. 2003.
Change Order No. I Removal of man-made Director of Engineering $ 46,073.46
obstruction near jacking pit and
reoair to tunnel boring machine.
Change Order No.2 "Open for Business" banners Director of Engineering $ 1,200.00
Cor businesses along Main
Street at Interstate 5
Change Order No.3 Authorizing manufacture and Director of Engineering $ 50,000.00
delivery of steel rings 1,11' 94"
steel caSIng due to long lead
time in order to facIlitate
Proposed Changc Order No.4,
if approved by CIty Council
Proposed Change Order Complete tunnel using larger Proposed for City $1,100,000.00
No.4 Mierotunnel Boring Machine Council approval
and Quarantee of comnletion
/&-'-1
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Change Order No.4 for the "Phase II of the Salt Creek Gravity Sewer
Interceptor (SW2l9)" Project and authorizing the Director of Public Works Operations to
execute said Change Order on behalf of the City
Presented by Approved as to fonn by
~J
Dave Byers
Director of Public Works Operations
.I,tI"""y."",\.f¡"",cc\ ,"",g, ",.1",; "" 4
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--........
CITY OF
(HULA VISTA
DEPARTMENT OF ENGINEERING
January 7, 2004
0735-1 O-SW -219-2
CHANGE ORDER NO.4
CONTRACT: SALT CREEK SEWER INTERCEPTOR, REACH 9B PHASE II
CONTRACTOR: MODERN CONTINENTAL CONSTRUCTION, INC.
The following changes shall be made to the referenced contract between the CITY OF CHULA
VISTA and MODERN CONTINENTAL CONSTRUCTION, INC. (Contractor):
Overview of Chaoe:e Order:
On or about June 10, 2003, Contractor gave notice to the City of a "Differing Site Condition"
claim regarding subsurface conditions encountered by the Contractor on the tunneling on the
Project. On or about June 16,2003, the City issued a detennination that it found no merit to the
Contractor's claim. Since then the City and Contractor have met on several occasions to review
the circumstances giving rise to this dispute and have attempted to negotiate a resolution of the
same. This Change Order is the result of those negotiations.
Terms of Chaoe:e Order:
In consideration for the increased Contract Amount and Time Extension set forth by this Change
Order, Contractor agrees to the following:
1. Contractor shall utilize a 94-inch Micro Tunnel Boring Machine ("MTBM") to complete
the tunneling on the project in lieu of the 66-inch MTBM Contractor had been using.
Contractor guarantees that the 94-inch MTBM will be capable of completing all of the
remaining tunneling on the Project regardless of the nature or extent of any adverse
subsurface or latent physical conditions, even if completely unforeseeable, that may be
encountered, with the sole exception of significant, unanticipated man-made obstructions.
In providing this unqualified "performance guaranty" of the 94-inch MTBM, Contractor
waives all rights it might have otherwise had under the Contract to assert any future
claims for "Changed Conditions" or "Differing Site Conditions" associated with utilizing
the 94-in MTBM, except in the event a significant, unanticipated man-made obstruction
is encountered.
2. Contractor shall be fully responsible for providing and paying for all labor, equipment,
material and any other costs, direct or indirect, associated with or incidental to utilizing
the 94-inch MTBM to complete the remaining tunneling on the project. A general scope
For written replies, respond to:
0276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631/ (619) 691-5021
1!11800 MAXWELL ROAD / CHULA VISTA, CALIFORNIA 91911-6158/ (619) 691-5021
@ I
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SALT CREEK SEWER, PHASE II - ClP NO. SW-219
CHANGE ORDER NO.4
Page 2 of7
and sequence of this work is described herein below under sections "Proposed Work
Plan" and "Proposed Construction Sequence." Further, to the extent Caltrans' imposes
any requirements as a condition to approving the use of the 94-inch MTBM, the
Contractor shall be responsible for paying for any resulting additional costs.
3. Contractor shall complete the entire Project by June 9, 2004. Within five (5) working
days of execution of this Change Order, Contractor shall submit to the City for review
and approval a proposed construction schedule for the completion of all remaining
Contract work and all work associated with this Change Order within the adjusted
completion date of June 9, 2004.
4. Contractor agrees to accept this Change Order as full and complete satisfaction of its June
10,2003 Differing Site Condition claim. Contractor further hereby waives and releases
the City, and its employees and agents, fTom any and all claims, regardless of whether
currently known or unknown, for any additional compensation, time extension, or
damages for delay, disruption, impact or acceleration, that in any way arise fTom or are
incidental to the tunneling work performed by Contractor with the 66-inch MTBM,
including but not limited all claims based in whole or in part on alleged "Differing Site
Conditions" or "Changed Conditions" on the site.
5. Contractor shall obtain the consent of performance bond surety to this Change Order such
that surety agrees said bond shall remain in full force in accordance with this Change
Order. Said consent shall be evidenced by the surety's rider attached as exhibit hereto.
6. Except as otherwise expressly provided herein in this Change Order, Contractor agrees
that no other terms and conditions of the Contract are modified and that they remain in
full force and binding on Contractor.
CaItrans Contin!!:encv:
The use of the larger 94-inch MTBM on the remaining portion of the tunneling on the Project is
subject to and conditional on obtaining the approval of Caltrans. The City has requested that
Caltrans approve the use of the 94-inch MTBM. This request is still pending. Although the
City anticipates Caltrans will approve the request, the City cannot guarantee if and when
Caltrans will do so. Therefore, this Change Order is contingent upon Caltrans issuing such
written approval by January 30, 2004. If Caltrans fails to issue such approval by said date, the
City shall have the right, in its sole discretion, to declare this Change Order null and void. In the
event that occurs, the City and Contractor shall revert to the same rights and remedies as if this
Change Order never existed. Further, it is agreed this Change Order shall in no way constitute or
deemed to be an admission by the City that there is merit to the Contractor's Differing Site
Condition claim.
CITY OF CHULA VISTA ii/,'
fCr /
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SALT CREEK SEWER, PHASE II - CIP NO. SW-219
CHANGE ORDER NO.4
Page 3 of7
Proposed Work Plan
The following is the Contractor's Proposed Work Plan as accepted by the City:
Contractor will mobilize a Herrenknecht A VN-2000D, a larger tunnel boring machine (also
herein referred to as 94-inch MTBM) than the 66" Herrenknecht A VN-1200 presently on-
site. In order to utilize the A VN-2000D, Contractor would have to use the recovery shaft in
the infield to physically launch the MTBM and continue mining of the tunnel. The sequence
of operations is described in further detail below:
1. The recovery shaft is a 20' diameter shaft lined with Liner Plate and Bracing System as
designed by American Commercial, Inc. to provide support of the shaft.
2. Contractor will jack a 94" diameter steel casing while maintaining the minimum coverage
requirements over the crown of the pipe as stipulated by Caltrans. This will require
lowering the invert elevation of the 94" diameter casing approximately 25" below the
invert elevation of the existing 66" diameter casing presently installed.
3. Due to the size restraint of the recovery shaft and the size of the A VN-2000D, Contractor
will be required to hand mine a starter tunnel approximately 10 feet long prior to
launching the machine. The starter tunnel will require shoring using the methods
consistent with the previously utilized shoring methods associated with the recovery
tunnel.
4. Upon completion of the starter tunnel, an entrance wall will be constructed and a seal
installed prior to launching the machine. The jacking frame will be installed in the
recovery shaft along with the MTBM. The remaining casing will be jacked from this
location. However, the operation will be controlled from the existing jacking shaft as
well as the handling of all the spoil from the mining operation, located on Main Street
(sta. 12+60). The operators and workers will be in constant communication with each
other to maintain continuity in the mining operation.
5. It is anticipated that the jacking loads will exceed the thrust capacity of the jacking frame.
Therefore, an Intennediate Jacking Station (US) will be placed in-line at approximately
half the distance of the remaining length of tunnel to be mined.
6. The current traffic control plan approved for the Rescue and Recovery Plan approved by
Caltrans Pennit Rider dated October 20, 2003 will remain in place and will be monitored
and maintained during construction. Contractor will minimize traffic entering the infield.
Initial mobilization and demobilization of the equipment will require trucking and a
larger capacity crane (250 ton hydraulic crane) to assist with these operations. The
delivery of the pipe will occur in three (3) separate deliveries and be offloaded utilizing
CITY OF CHULA VISTA i'(P - 1
SALT CREEK SEWER, PHASE II - crp NO. SW-219
CHANGE ORDER NO.4
Page 4 of7
the support crane. During jacking operations a smaller capacity crane (65 ton Hydraulic
crane) will be required during microtunneling operations for support. Contractor will
work around the clock 7 days per week during all setup and mining operations. All major
deliveries will be perfonned during off-peak hours and coordinated with the City of
Chula Vista and Caltrans in order not to disrupt highway and ramp traffic and highway
operations.
7. Upon completion of the mining operation, all equipment and material will be removed
and the area restored to its original condition. This work will be coordinated with the
Caltrans on-site representative. Once the infield area restoration work is completed, the
traffic control apparatus will be removed.
8. The foregoing is a general description of the contractor's proposed Work Plan and in no
way limits or qualifies the Contractor's responsibility for paying all costs associated with
perfonning this work as provided under Paragraph 2 of"Tenns of Change Order" above.
Construction SeQuence:
The following is Contractor's proposed construction sequence as accepted by the City:
STEP No.1
MOBILIZE EQUIPMENT - The following equipment will be delivered and staged within
the infield to implement the mining operation with the new MTBM (A VN-2000D).
A 65-ton truck crane (support crane) will be staged adjacent to the recovery shaft to support
the mining operation and off-load materials as they are delivered to the infield during off-
peak hours.
A IO'x20' storage container and generator will be staged adjacent to the recovery shaft.
Delivery of both pieces of equipment will take place during off-peak hours.
A 250-ton hydraulic crane with 125 ft of boom will be mobilized to the infield during off-
peak hours and staged adjacent to the recovery shaft. The A VN-2000D and Jacking Frame
will be delivered to the infield during off-peak hours and staged adjacent to the recovery
shaft. The hydraulic crane will assist with the offloading and setting of the A VN-200D
MTBM and Jacking Frame. Once these 2 pieces of equipment are in the recovery shaft the
crane will be demobilized from the infield area during off-peak hours. This operation will
take 2 days to complete.
The booms for both cranes will be retracted during all phases to reduce visibility from the
adjacent freeway and ramps.
CITY OF CHULA VISTA ,. )
. "
i -.Y'
-. -...-----..---.-..--.----
SALT CREEK SEWER, PHASE II - CIP NO. SW-219
CHANGE ORDER NO.4
Page 5 of7
STEP No.2
DELIVER MATERIAL - The following material will be delivered and staged within the
infield.
Approximately 900 If of 94" OD steel casing pipe will be delivered in three (3) separate
deliveries. The deliveries will take place during off-peak hours and the material will be
staged adjacent to the recovery shaft. The 65-ton support crane will assist with the off-
loading of the material.
STEP No.3
MINING - Upon completion of the setup of the mining equipment, the A VN-2000D will be
launched and the mining operation will commence.
The mining operation will consist of 3 operators and 5 laborers. There will be an operator at
the control unit and at the separation plant. Both of these items are located at the initial
jacking pit located on Main Street east of the fTeeway right-of-way. The control unit operator
will be in constant communication with the personnel at the recovery shaft. A third operator
will be manning the 65-ton support crane at the recovery shaft. The 65-ton support crane
will service the mining operation including feeding pipe into the shaft as mining progresses
and offloading equipment or materials as needed. This operation will be conducted 7
days/week, 24 hours/day for an approximate 21-day duration.
STEP No. 4
REMOVE EQUIPMENT FROM SHAFT - Upon completion of the mining operation the
following equipment will be required to remove the MTBM from the recovery shaft.
The 65-ton support crane will assist with the removal of the jacking frame. This operation
will take I day to complete.
A 40' flatbed trailer with tractor will be mobilized during off-peak hours to the infield to
assist with the removal of equipment and excess pie and related materials. The crane will
load the truck and the truck will exit the area during off-peak hours. This operation will take
I day to complete.
CITY OF CHULA VISTA / &/ /0
-0_--0_------ -------
SALT CREEK SEWER, PHASE II-CIP NO. SW-2l9
CHANGE ORDER NO.4
Page 6 of 7
STEP No.5
CONNECT 66" OD PIPE TO THE 94" OD PIPE - Once the mining equipment has been
removed from the shaft, the connection of the 66" OD steel casing and the 94"OD steel
casing can be completed.
The 65-ton support crane will assist with the installation of the casing material needed to
make the connection. This operation will take 3 days to complete.
STEP No.6
BACKFILL RECOVERY SHAFf - Upon completion of the installation of the pipe, the
shaft will be backfilled.
A stockpile of material excavated from the recovery shaft is presently staged within the
infield. A CAT 446 or CAT 320 rubber tire backhoe and a 10-wheel dump truck will be
mobilized to the area to assist with the backfilling of the shaft. This operation will take
approximately 5 days to complete.
STEP No.7
RESTORE INFIELD AREA - Upon completion of the backfilling operation the infield area
will be restored to its original state.
Any excess material will be removed from the area. All equipment not essential to the
restoration operation will be removed from the infield. Trucking will take place during off-
peak hours.
All seeding and planting will be performed during the day.
STEP No.8
DEMOBILIZE EQUIPMENT - Upon completion of the restoration operation the traffic
control apparatus will be removed from the highway/ramp. This work will last I day and
will occur during off-peak traffic hours.
Operatinl! Condition of A VN-2000D MTBM:
MTBM shall be in a fully serviceable and rehabilitated condition, as mutually agreed upon by the
City and Contractor, prior to launch.
CITY OF CHULA VISTA 1&- í/
SALT CREEK SEWER, PHASE II - crp NO. SW -219
CHANGE ORDER NO.4
Page 7 o£1
Payment Schedule:
Mobilization: $275,000 Less Retention*
Launch MTBM: $275,000 Less Retention*
Completion of Yz of 94" Tunnel $225,000 Less Retention*
Completion of Tunnel $225,000 Less Retention*
Completion of Change Order No.4 Work $100,000 Less Retention*
* Retention release shall be as specified in the contract
Total Change Order Amount: $1.100.000.00
Original Completion Date: Noyember 5. 2003
Adjusted Completion Date: June 9. 2004
Original Contract Price: $2,447,067.00
Previous Change Orders: $ 97,273.46
This Change Order: $1.1 00.000.00
Total Contract Price: $3,644,340.46
The a!;(reed upon total price includes all time extensions, costs for furnishing all tools. labor.
materials. equipment. incidental costs. including: but not limited to all costs for delay. disruption.
impact. or acceleration. known or unknown. and all fees for performing the work in this contract
change and no additional compensation of any type will be due. It is agreed by the undersigned
that this work shall be performed and materials furnished in accordance with the ori~inal (base)
contract. Green Book specifications and applicable standard drawings.
d~~
Ordered By: Accepted By: Approved By:
William A. Ullrich Frank Nee Dave Byers
Ass!. Director ofPWOPS Modem Continental Director ofPWOPS
Construction, Inc.
Exhibit(s): Rider to Bond No. SW5557 for Faithful Performance, issued by United States
Fidelity and Guaranty Company, a Maryland Corporation
J:\Engineer\!NSPECT\Change Orders\SW -219 Change Order #4.doc
CITY OF CHULA VISTA 1(P/?
~~~
:~-
~~fl
CIlY OF
CHULA VISTA
DEPARTMENT OF ENGINEERING
:Jfem 4f: /~
January 7,2004
0735-1 O-SW -219-2
CHANGE ORDER NO.4
CONTRACT: SALT CREEK SEWER INTERCEPTOR, REACH 9B PHASE II
CONTRACTOR: MODERN CONTINENTAL CONSTRUCTION, INC.
The following changes shall be made to the referenced contract between the CITY OF CHULA
VISTA and MODERN CONTINENTAL CONSTRUCTION, INC. (Contractor):
Overview of Chanl!e Order:
On or about June 10, 2003, Contractor gave notice to the City of a "Differing Site Condition"
claim regarding subsurface conditions encountered by the Contractor on the tunneling on the
Project. On or about June 16, 2003, the City issued a determination that it found no merit to the
Contractor's claim. Since then the City and Contractor have met on several occasions to review
the circumstances giving rise to this dispute and have attempted to negotiate a resolution of the
same. This Change Order is the result of those negotiations.
Terms of Chanl!e Order:
In consideration for the increased Contract Amount and Time Extension set forth by this Change
Order, Contractor agrees to the following:
I. Contractor shall utilize a 94-inch Micro Tunnel Boring Machine ("MTBM") to complete
the tunneling on the project in lieu of the 66-inch MTBM Contractor had been using.
Contractor guarantees that the 94-inch MTBM will be capable of completing all of the
remaining tunneling on the Project regardless of the nature or extent of any adverse
subsurface or latent physical conditions, even if completely unforeseeable, that may be
encountered, with the sole exception of significant, unanticipated man-made obstructions.
In providing this unqualified "performance guaranty" of the 94-inch MTBM, Contractor
waives all rights it might have otherwise had under the Contract to assert any future
claims for "Changed Conditions" or "Differing Site Conditions" associated with utilizing
the 94-in MTBM, except in the event a significant, unanticipated man-made obstruction
is encountered.
2. Contractor shall be fully responsible for providing and paying for all labor, equipment,
material and any other costs, direct or indirect, associated with or incidental to utilizing
the 94-inch MTBM to complete the remaining tunneling on the project. A general scope
For written replies, respond to:
0276 FOURTH AVENUE / CHULA VISTA. CALIFORNIA 91910-2631/ (619) 691-5021
R 1800 MAXWELL ROAD / CHULA VISTA. CALIFORNIA 91911-6158/ (619) 691-5021
~ Po\\Consuml~r Recycled P¡1pC'r
SALT CREEK SEWER, PHASE II- CIP NO. SW-219
CHANGE ORDER NO.4
Page 2 of7
and sequence of this work is described herein below under sections "Proposed Work
Plan" and "Proposed Construction Sequence." Further, to the extent Caltrans' imposes
any requirements as a condition to approving the use of the 94-inch MTBM, the
Contractor shall be responsible for paying for any resulting additional costs.
3. Contractor shall complete the entire Project by June 9, 2004. Within five (5) working
days of execution of this Change Order, Contractor shall submit to the City for review
and approval a proposed construction schedule for the completion of all remaining
Contract work and all work associated with this Change Order within the adjusted
completion date of June 9, 2004.
4. Contractor agrees to accept this Change Order as full and complete satisfaction of its June
10, 2003 Differing Site Condition claim. Contractor further hereby waives and releases
the City, and its employees and agents, fÌ'om any and all claims, regardless of whether
currently known or unknown, for any additional compensation, time extension, or
damages for delay, disruption, impact or acceleration, that in any way arise fÌ'om or are
incidental to the tunneling work performed by Contractor with the 66-inch MTBM,
including but not limited all claims based in whole or in part on alleged "Differing Site
Conditions" or "Changed Conditions" on the site.
5. Contractor shall obtain the consent of performance bond surety to this Change Order such
that surety agrees said bond shall remain in full force in accordance with this Change
Order. Said consent shall be evidenced by the surety's rider attached as exhibit hereto.
6. Except as otherwise expressly provided herein in this Change Order, Contractor agrees
that no other terms and conditions of the Contract are modified and that they remain in
full force and binding on Contractor.
Caltrans Continl!encv:
The use of the larger 94-inch MTBM on the remaining portion of the tunneling on the Project is
subject to and conditional on obtaining the approval of Caltrans. The City has requested that
Caltrans approve the use of the 94-inch MTBM. This request is still pending. Although the
City anticipates Caltrans will approve the request, the City cannot guarantee if and when
Caltrans will do so. Therefore, this Change Order is contingent upon Caltrans issuing such
written approval by January 30, 2004. If Caltrans fails to issue such approval by said date, the
City shall have the right, in its sole discretion, to declare this Change Order null and void. In the
event that occurs, the City and Contractor shall revert to the same rights and remedies as if this
Change Order never existed. Further, it is agreed this Change Order shall in no way constitute or
deemed to be an admission by the City that there is merit to the Contractor's Differing Site
Condition claim.
CITY OF CHULA VISTA
SALT CREEK SEWER, PHASE II- CIP NO. SW-219
CHANGE ORDER NO.4
Page 3 of7
Proposed Work Plan
The following is the Contractor's Proposed Work Plan as accepted by the City:
Contractor will mobilize a Herrenknecht A VN-2000D, a larger tunnel boring machine (also
herein referred to as 94-inch MTBM) than the 66" Herrenknecht A VN-1200 presently on-
site. In order to utilize the A VN-2000D, Contractor would have to use the recovery shaft in
the infield to physically launch the MTBM and continue mining of the tunnel. The sequence
of operations is described in further detail below:
1. The recovery shaft is a 20' diameter shaft lined with Liner Plate and Bracing System as
designed by American Commercial, Inc. to provide support ofthe shaft.
2. Contractor will jack a 94" diameter steel casing while maintaining the minimum coverage
requirements over the crown of the pipe as stipulated by Caltrans. This will require
lowering the invert elevation of the 94" diameter casing approximately 25" below the
invert elevation of the existing 66" diameter casing presently installed.
3. Due to the size restraint of the recovery shaft and the size of the A VN-2000D, Contractor
will be required to hand mine a starter tunnel approximately 10 feet long prior to
launching the machine. The starter tunnel will require shoring using the methods
consistent with the previously utilized shoring methods associated with the recovery
tunnel.
4. Upon completion of the starter tunnel, an entrance wall will be constructed and a seal
installed prior to launching the machine. The jacking fÌ'ame will be installed in the
recovery shaft along with the MTBM. The remaining casing will be jacked fÌ'om this
location. However, the operation will be controlled fÌ'om the existing jacking shaft as
well as the handling of all the spoil fÌ'om the mining operation, located on Main Street
(sta. 12+60). The operators and workers will be in constant communication with each
other to maintain continuity in the mining operation.
5. It is anticipated that the jacking loads will exceed the thrust capacity ofthe jacking fÌ'ame.
Therefore, an Intermediate Jacking Station (US) will be placed in-line at approximately
half the distance ofthe remaining length of tunnel to be mined.
6. The current traffic control plan approved for the Rescue and Recovery Plan approved by
Caltrans Permit Rider dated October 20, 2003 will remain in place and will be monitored
and maintained during construction. Contractor will minimize traffic entering the infield.
Initial mobilization and demobilization of the equipment will require trucking and a
larger capacity crane (250 ton hydraulic crane) to assist with these operations. The
delivery of the pipe will occur in three (3) separate deliveries and be offloaded utilizing
CITY OF CHULA VISTA
SALT CREEK SEWER, PHASE II- CIP NO. SW-219
CHANGE ORDER NO.4
Page 4 of?
the support crane. During jacking operations a smaller capacity crane (65 ton Hydraulic
crane) will be required during microtunneling operations for support. Contractor will
work around the clock 7 days per week during all setup and mining operations. All major
deliveries will be performed during off-peak hours and coordinated with the City of
Chula Vista and Caltrans in order not to disrupt highway and ramp traffic and highway
operations.
7. Upon completion of the mining operation, all equipment and material will be removed
and the area restored to its original condition. This work will be coordinated with the
Caltrans on-site representative. Once the infield area restoration work is completed, the
traffic control apparatus will be removed.
8. The foregoing is a general description of the contractor's proposed Work Plan and in no
way limits or qualifies the Contractor's responsibility for paying all costs associated with
performing this work as provided under Paragraph 2 of "Terms of Change Order" above.
Construction Sequence:
The following is Contractor's proposed construction sequence as accepted by the City:
STEP No.1
MOBILIZE EQUIPMENT - The following equipment will be delivered and staged within
the infield to implement the mining operation with the new MTBM (A VN-2000D).
A 65-ton truck crane (support crane) will be staged adjacent to the recovery shaft to support
the mining operation and off-load materials as they are delivered to the infield during off-
peak hours.
A lO'x20' storage container and generator will be staged adjacent to the recovery shaft.
Delivery of both pieces of equipment will take place during off-peak hours.
A 250-ton hydraulic crane with 125 ft of boom will be mobilized to the infield during off-
peak hours and staged adjacent to the recovery shaft. The A VN-2000D and Jacking Frame
will be delivered to the infield during off-peak hours and staged adjacent to the recovery
shaft. The hydraulic crane will assist with the offloading and setting of the A VN-200D
MTBM and Jacking Frame. Once these 2 pieces of equipment are in the recovery shaft the
crane will be demobilized fÌ'om the infield area during off-peak hours. This operation will
take 2 days to complete.
The booms for both cranes will be retracted during all phases to reduce visibility fÌ'om the
adjacent fÌ'eeway and ramps.
CITY OF CHULA VISTA
SALT CREEK SEWER, PHASE II- CIP NO. SW-219
CHANGE ORDER NO.4
Page 5 of7
STEP No.2
DELIVER MATERIAL - The following material will be delivered and staged within the
infield.
Approximately 900 If of 94" OD steel casing pipe will be delivered in three (3) separate
deliveries. The deliveries will take place during off-peak hours and the material will be
staged adjacent to the recovery shaft. The 65-ton support crane will assist with the off-
loading of the material.
STEP No.3
MINING - Upon completion of the setup of the mining equipment, the A VN-2000D will be
launched and the mining operation will commence.
The mining operation will consist of 3 operators and 5 laborers. There will be an operator at
the control unit and at the separation plant. Both of these items are located at the initial
jacking pit located on Main Street east of the fÌ'eeway right-of-way. The control unit operator
will be in constant communication with the personnel at the recovery shaft. A third operator
will be manning the 65-ton support crane at the recovery shaft. The 65-ton support crane
will service the mining operation including feeding pipe into the shaft as mining progresses
and offloading equipment or materials as needed. This operation will be conducted 7
days/week, 24 hours/day for an approximate 21-day duration.
STEP No.4
REMOVE EQUIPMENT FROM SHAFT - Upon completion of the mining operation the
following equipment will be required to remove the MTBM fÌ'om the recovery shaft.
The 65-ton support crane will assist with the removal of the jacking fÌ'ame. This operation
will take I day to complete.
A 40' flatbed trailer with tractor will be mobilized during off-peak hours to the infield to
assist with the removal of equipment and excess pie and related materials. The crane will
load the truck and the truck will exit the area during off-peak hours. This operation will take
I day to complete.
CITY OF CHULA VISTA
SALT CREEK SEWER, PHASE II- CIP NO. SW-219
CHANGE ORDER NO.4
Page 6 of?
STEP No.5
CONNECT 66" OD PIPE TO THE 94" OD PIPE - Once the mining equipment has been
removed from the shaft, the connection of the 66" OD steel casing and the 94"OD steel
casing can be completed.
The 65-ton support crane will assist with the installation of the casing material needed to
make the connection. This operation will take 3 days to complete.
STEP No.6
BACKFILL RECOVERY SHAFT - Upon completion of the installation of the pipe, the
shaft will be backfilled.
A stockpile of material excavated fÌ'om the recovery shaft is presently staged within the
infield. A CAT 446 or CAT 320 rubber tire backhoe and a 10-wheel dump truck will be
mobilized to the area to assist with the backfilling of the shaft. This operation will take
approximately 5 days to complete.
STEP No. 7
RESTORE INFIELD AREA - Upon completion of the backfilling operation the infield area
will be restored to its original state.
Any excess material will be removed from the area. All equipment not essential to the
restoration operation will be removed fÌ'om the infield. Trucking will take place during off-
peak hours.
All seeding and planting will be performed during the day.
STEP No.8
DEMOBILIZE EQUIPMENT - Upon completion of the restoration operation the traffic
control apparatus will be removed fÌ'om the highway/ramp. This work will last I day and
will occur during off-peak traffic hours.
Operatinl! Condition of A VN-2000D MTBM:
MTBM shall be in a fully serviceable and rehabilitated condition, as mutually agreed upon by the
City and Contractor, prior to launch.
CITY OF CHULA VISTA
SALT CREEK SEWER, PHASE II-CIP NO. SW-219
CHANGE ORDER NO.4
Page 7 of?
Pavment Schedule:
Mobilization:
Launch MTBM:
Completion ofY2 of94" Tunnel
Completion of Tunnel
Completion of Change Order No. 4 Work
$275,000 Less Retention*
$275,000 Less Retention*
$225,000 Less Retention*
$225,000 Less Retention*
$100,000 Less Retention*
* Retention release shall be as specified in the contract
Total Change Order Amount: $1.100.000.00
Original Completion Date: November 5. 2003
Adjusted Completion Date: June 9. 2004
Original Contract Price:
Previous Change Orders:
This Change Order:
Total Contract Price:
$2,447,067.00
$ 97,273.46
$1.1 00.000.00
$3,644,340.46
The agreed upon total price includes all time extensions. costs for furnishing all tools. labor.
materials. equipment. incidental costs. including but not limited to all costs for delav. disruption.
impact. or acceleration. known or unknown. and all fees for performing the work in this contract
change and no additional compensation of any type will be due. It is agreed bv the undersigned
that this work shall be performed and materials furnished in accordance with the original (base)
contract. Green Book specifications and applicable standard drawings.
#~~
Ordered By:
William A. Ullrich
Asst. Director ofPWOPS
B.(7R
Frank Nee
Modem Continental
Construction, Inc.
O~¿b/
Approved Y'
Dave Byers
Director ofPWOPS
Exhibit(s):
Rider to Bond No. SW5557 for Faithful Performance, issued by United States
Fidelity and Guaranty Company, a Maryland Corporation
J :\Engineer\INSPECTIChange OrderslSW -219 Change Order #4.doc
CITY OF CHULA VISTA
..~ .. !.
1heStRlul
POWER OF ATTORNEY
Seaboard Surety Company
St, Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No.
24089
CerUficate No. 19 7 5 2 9 5
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collecfit'ely called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Gary J. Ginlietti, Richard A. Leveroni, Bette A. Botticello, Kathleen M. Flanagan, Kelly L. Corso, Stacy Rivera,
And Richard A. Ives.
Fannington Connecticut
of the City of , State , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
perfonnance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
4th November 2003
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this
day of
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
e
@ PETER W. CARMAN. V;œ P,,,;do",
--;/~e.rI~
State of Maryland
City of Baltimore
4th November 2003
On this day of , before me, the undersigned officer, personally appeared Peter W. Cannan and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
THOMAS E. HUIBREGTSE, Assistant Secretary
In Witness Whereof, I hereunto set my hand and official seal.
~jp~-~
My Commission expires the 1st day of July, 2006.
REBECCA EASLEY-ONOKALA, Notary Puhlic
86203 Rev. 7-2002 Printed in U.S.A.
"""-- . ,
INCREASE/DECREASE RIDER
RIDER to be attached to and fonn a part of Bond No. SW5557
United States Fidelitv and Guaranty Company
on behalf of Modern Continental Construction Co. of California. Inc.
in favor of Citv of Chula Vista. California
Two Million Four Hundred Forty Seven Thousand Sixtv Seyen & 00/10Oths ($2.447.067.00\
, dated January 16 2003
wherein
COMPANY is named as Surety,
, as Principal,
in the sum of
effective January 16 2003
IT IS HEREBY UNDERSTOOD AND AGREED that effective the 7th
January 2004 the penalty of this bond is Increase~oo:otl from:
Two Million Four Hundred Forty Seyen Thousand Sixty Seven and 00/100 - - - - - - - - - ( 2.447.067.00
Three Million Six Hundred Fortv Four Thousand Three Hundred Forty and 46/100 - - - - - ( 3,644.340.46
day of
) to
).
Provided, however, that the liability of the Principal and Surety hereon shall not be cumulative or in any event exceed the
larger amount referred to herein.
The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified.
Signed, sealed and dated this
8th
day of
January
, 2004 .
BY:
nstruction Co. of California, Inc.
Attorney-in-Fact
ACCEPTED
BY ¡/~4r~=
, (0 1
S-2547/GEEF 2/9B
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 1/13/04
ITEM TITLE: Report on Chula Vista Transit (CVT) Funding and Operations
SUBMITTED BY: Director ofPublicG Works operation~
REVIEWED BY: City Manager ~luJ \),-.1 (4/Sths Vote: Yes_No-X-l
At the Council meeting of February 11,2003, staff was directed to return to Council on an annual
basis with an updated report on CVT's Funding and Operations.
RECOMMENDATION: That Council accept this report
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Background
At the Council meeting of February 11, 2003, Transit staff presented a report to Council on the
City ofChula Vista's transit system, Chula Vista Transit (CVT). This is the updated annual
report on CVT's funding and operations as requested by Council.
CVT is part of the Metropolitan Transit System (MTS) which is a network oflocal and regional
transit operators. The MTS provides a seamless transit system composed oflocal, regional and
ADA paratransit services. MTS coordinates fares, transfers, routes and information services to
the region. Transit staff also works closely with the San Diego Association of Governments
(SANDAG) the region's transit funding, planning and policy setting agency.
Funding
CVT operating funds come from a combination of State Transportation Development Act (TDA)
funds, a V. of I percent of the State Sales Taxes, and passenger fares, which are used for
operations and for capital programming. Prior to July 200 I, the City would receive a direct
allocation of its TDA funds, but in 2001 regional transit funds were consolidated under the
Metropolitan Transit Development Board (MTDB), which has recently became SANDAG. This
report wiD refer to the new consolidated agency SANDAG instead of MTDB.
New Consolidated Transportation Agency
Effective July 7, 2003, the new consolidated transportation agency under SANDAG was initiated
consistent with Senate Bill 1703. The first phase incorporated the planning and programming
sections. The second phase effective October 13, 2003 transferred the development and
constructions sections. The transit operations section will remain under the Metropolitan Transit
System (MTS) board (formally MTDB). The new MTS Board is a consolidation of the MTDB,
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San Diego Transit and San Diego TroJley boards. On October 30, 2003 the MTS board held its
first meeting. On the same day the MTS board selected Mr. Paul C. Jablonski as the new Chief
Executive Officer and General Manager ofMTS. Since CVT is already part of the MTS transit
family no changes are expected at this time. The Council continues to be CVT's governing
board.
FY 03 Budget Results
The FY 03 CVT budget finished the year on the positive side. Transit operations expenditures
ended the year $221,114 under budget and revenues were $130,224 above projections. Transit
staff's goal is to maximize the effectiveness of transit funds while recognizing the revenue
constraints facing the region. The following line items had the most significant savings:
.:. Engine and Transmissions Rebuilds
.:. Public Liability and Property Insurance (No Claims)
.:. Electricity (Usage and cost lower than projected)
.:. CNG Fuel Station Maintenance
.:. City Staff Support Services (As needed basis)
The increase in fare revenues can be attributed to higher Regular Monthly Pass revenues.
AdditionaJly, Miscellaneous revenues and interest earned totaling $26,264 and $66,457
respectively were gained, but have not been included in the Table I below.
Table I
Service Bud!!et Actual. Difference
Chula Vista Transit - Expenditures $6,]45,530 $5,924,4]6 ($221,1]4)
Chula Vista Transit - Revenues $2,255,000 $2,309,938 +$54,938
Bavfront Visitor Infonnation Center $114,412 $79,645 ($34,787)
Southwestern Colle~e Transit StOD $19,500 $]9,500 $0
Net Variance +$310.839
. Unaudited
SANDAG Transit Operating Deficit
Since 1993, SANDAG has been managing a structural deficit, whereby recurring expenditures
exceed recurring revenues. MTDB has been able to manage the deficit by using non-recurring
funds. In order to address this structured deficit, the MTD Board has developed a Sustainable
Level of Service Plan, which is a fiscaJly constrained plan that sets forth a strategy to provide
services within the framework of recurring revenues and phases out the use of nonrecurring
revenues. The Sustainable Level of Service Plan consists of the foJlowing:
. Shifting of federal capital funds to operating purposes
. Reducing the level of Contingency Reserves and Capital Replacement Reserves
. Increasing Fares
. Reducing non-productive transit services
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SANDAG Sustainable Level of Service Plan Table 2:
FIVE-YEAR FINANCIAL PLAN SUMMARY
FY04 FY05 FY06 FY07 FY08 TOTAL
DEFICIT (mid-range) . (32.4) (34.5) (38.7) (39.4) (39.4) (184.4)
Policv Choices:
Reserves 6.4 5.6 12.0
Federal Capital Funds 21.0 21.0 21.0 21.0 21.0 105.0
TransNet 4.0 5.2 10.6 10.1 9.3 39.2
Service Reductions 1.0 2.0 3.1 4.3 5.4 15.8
CMAQ for MVE - 0.7 4.0 4.0 3.7 12.4
0.0 0.0 0.0 0.0 0.0 0.0
NOTE: This table focuses primarily on FY 04 and FY 05. Although the table
shows the use of an additional $21 million in federal funds for FY 04 through FY
08, this would come at the price of deferring capital projects which is a course of
action that can be pursued for a couple of years but is not something we would
recommend doing indefinitely. This approach for two years buys some time until
the TransNet reauthorization vote in November 2004. If that reauthorization is not
successful. more aggressive actions will need to be taken to reduce costs.
. Includes the fare increase implemented on July 1. 2003, as well as an additional $2
increase in the monthly pass on each of July 1, 2004 and July 1, 2005.
FY 04 CVT Service Reduction Plan
In the FY 04 budget, as part of this Sustainable Level of Service Plan, CVT was asked to reduce
expenditures by $44,000 through Service Reductions and/or Operating Efficiencies. In order to
minimize the impact on CVT services, Transit staff submitted the following plan:
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Table 3
Chula Vista Transit Share of Reductions
Based on 4.4% of Remonal Subsidy
Share of Reduction $44.000
Service Adjustments
Route 711 - Minor late trip reduction $33,397
Subtotal $33,397
Ooerational Efficiencies
Advertising $5,077
Fleet Maintenance - Bus Maintenance Audit $5,005
Materials to Maintain Other Equipment $100
Travel and Conference $488
Subtotal $10,670
Total Reductions $44.067
The above plan focused on meeting the reduction target mostly through reductions in non-
productive, late evening service and some operational efficiencies. Based on the Sustainable
Level Service Plan a continuation of service reductions and operating efficiencies are likely in
the future, negatively affecting the CVT's level of service.
FY 04 Budget
Since the funding consolidation, Transit staff actively participates in SANDAG's budget process.
Along with the region's other Transit agencies, CVT staff presents its proposed operating
budgets to SANDAG's Budget and Finance staff. Various budget meetings are held and budgets
are adjusted according to the available funds and SANDAG Board funding policies. The
following are SANDAG's FY 04 operating budgets for CVT:
Table 4
Service Total Bud..et Fare Revenue Net Subsidv
Chula Vista Transit - Expenditures $6,583,836 $2,395,000 $4,188,836
BaVITont Visitor Information Center $117,410 $0 $117,410
Southwestern College Transit Stop $19,890 $0 $19,890
Total 56,721.136 $2.395 000 $4.326,136
The budget includes approximately $250,302 for Non-Transit City Staff charge-backs,
Specialized Services and Risk Management, see Table. These funds reimburse the City's
General Fund. The Non-Transit City Staff supports Transit operations on an as-needed basis.
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Table 5
Activitv Available FundiD!!
Non-Transit Citv Staff $ 1 50,341
SoecÌalized Services $15,851
Risk Management $61,200
Bavfront Visitor Center (Staff) $22,910
Admn. Fees $14,500
Total $264,802
SANDAG conducts a mid-year review of all budgets to determine if actual costs and revenues
are reflecting estimates. Based on the review budgets are adjusted according to actual
expenditures and revenues.
Federal Capital Funding FY 03
The funding consolidation has also allowed CVT to participate in available Federal Transit
Administration (FTA) capital funds. CVT staff has submitted various capital project funding
requests to SANDAG. These request are then ranked by the Capital projects committee that is
composed of staff from the various transit agencies. The requests are ranked according to:
safety, replacement value, operating cost benefit, travel time savings and customer benefit.
Fiscal year 2003 capital purchases totaled $86,000 that consisted of the following:
.:. Fully Equipped Bus Maintenance Truck
.:. One Ton Hoist
.:. Miscellaneous Maintenance Equipment
.:. Bus Benches
.:. Trash Bins
.:. Bus Driver Seats
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Meeting Date 1/13/04
Federal Capital Funding FY 04
For the current fiscal year CVT has a total of$75,000 in capital funds available for the following:
.:. $25,000 for a staff service truck
.:. $50,000 for miscellaneous purchases
Federal Capital Funding for FY 05.
All FY05 projects submitted by City Transit Staff to the MTS are being recommended for
approval to SANDAG. It it's expected a total of$466,500 will be approved for the following
projects:
H Street Transit Center Bus-Side Pavement Replacement
CVT Maintenance Shop Forklift
CVT ADA Bus Stop Improvements
CVT Bus Security Camera System
Miscellaneous Operations Capital
Unalloeated Funds - Proposed Spending Plan
Part of the terms of the transit financing consolidation was to allow the respective agencies to
keep control of any unallocated balance and capital reserves. These funds can be used for a
variety oftransit projects or placed in a discretionary fund for future opportunities. The City's
current unallocated transit funds total $1,000,277. These funds are availahle to the City for its
discretion to spend on Transit related capital projects and/or operations.
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Meeting Date 1/13/04
Table 6
UnaDocated TDA Funds Spendinl!: Plan
Proposed
Total Funds Available Yr. Spent
Unallocated TDA Reserves $868,123
Capital Reserve Account - Southwestern College Driveway Upgrades $50,000 FY04
Subtotal TDA Reserves $918,123
Unanticipated FY 04 Pre-Consolidation Credits:
Insurance Settlement $4,476
Fare Counting Equipment Refund $153
Sale of City Owned Buses $8,357
Diesel Tax Refund $69,168
Subtotal FY 04 Credits $82,154
Total TDA Funds Available $1,000,277
Proposed Spendine: Plan:
Committed Projects
Nature Center Shuttle Bus Match $165,000 FY04
Southwestern College Driveway Upgrade $100,000 FY04
Subtotal Committed Proiects $265,000
Proposed Creation of CaDital Reserve Acconnts:
.:. Radio Antenna and Repeater Replacement $50,000 N/A
.:. Liability Claim Reserve $350,000 N/A
.:. CNG Fueling Station Upgrades/Repairs $335,277 N/A
Snbtotal Proposed Reserve Accounts $735,277
Total Spendine: Plan $1,000,277
Transit staff anticipates a $12,985 credit, derived from the sale of retired buses and an insurance
claim adjustment, toward the unallocated account. Additionally, Transit staff requested and was
granted a refund by the State's Board of Equalization for diesel fuel taxes for the period January
I, 2000 through June 30, 2002 in the amount of $1 02,032. Of this amount, $32,864 belongs to
SANDAG for it's portion of the consolidated funding period and the balance of$69,168 will be
credited to the City's unallocated TDA balance. After all credits have been accounted for Transit
staff estimates a total of $1.000.277 for the City's TDA Unallocated funds.
Operations
CVT is managed by the City Of Chula Vista's Department of Public Works Operations, Transit
Division. Two full-time City employees, the Transit Coordinator and the Assistant Transit
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Meeting Date 1/13/04
Coordinator, administer the transit system. The Department of Public Works Operations and
Transit Division also share two full-time employees: a Public Works Technician III and a Senior
Maintenance Worker. Transit also employees a part-time Temporary Expert Professional staff
to help monitor customer service and performance of our Transit Contractor. Other City staff
provides additional support on an as needed basis.
Service planning, scheduling, contract monitoring (operational and maintenance), community
relations, budget preparation and monitoring, funds programming, transit facilities monitoring
(bus stops, shelters, buildings), regional coordination and operations/capital procurements are
among some of the duties and responsibilities of the City's Transit staff.
The actual operation ofCVT is privatized and operated by ATCNancom. The service was
procured through a two-step, competitively bid process. The Transit Contractor is responsible for
the daily operations of the system and the maintenance of the fleet. All the personnel associated
with the direct operations ofCVT are employees of the Contractor; i.e. management, road
supervisors, mechanics, and bus operators. A TCN ancom employs approximately 96 Full-Time
Equivalent employees. A TCNancom is currently under a 5-year contract with the City, which
terminates on June 30, 2007. The contractor is compensated monthly, based on the number of
Revenue Miles operated. The following Table outlines the agreed upon per Revenue Mile rates:
Table 7
Period Per Revenue Mile Rate
July 1, 2002 - June 30, 2003 $3.1518
July 1,2003 - June 30, 2004 $3.2461
July 1, 2004 - June 30, 2005 $3.3432
July I, 2005 - June 30, 2006 $3.4433
July 1,2006 - June 30, 2007 $3.5464
Route Descriptions
Chula Vista Transit service is designed to serve the residents of the City of Chula Vista and its
visitors. Routes have been planned to serve all trip types. Eleven of the 12 routes have transfer
connections with the San Diego Trolley system at Bayfront/E Street, H Street, and Palomar
Trolley Stations. Additionally, CVT has transfer connections to two regional bus routes: MTS
Route 929 via 3'd Avenue and MTS Route 932 via Broadway. CVT routes are presently operated
with the following destinations:
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Table 8
CHULA VISTA TRANSIT ROUTES
Route Description
701 Serves the H Street Trolley Station and the Palomar Trolley Station via F Street, Hilltop
Drive and Main Street
702 Serves the H Street Trolley Station and the Palomar Trolley Station via 4th Avenue, 2n°
Street, Melrose Avenue and Palomar Street
703 Serves the H Street Trolley Station and the Palomar Trolley Station via 3'0 Avenue, J
Street, Crest Street, Oleander Avenue and Orange Avenue
704 Serves the H Street Trolley Station and Southwestern College via H Street, 4'" Avenue,
Naples Avenue and E. Palomar (Otay Ranch Village I). This Route also provides
express service between Southwestern College and H Street Trolley Station on a
limited basis
705 Serves the BayfrontlE Street Trolley Station and Southwestern College via E Street,
Bonita Road, and Otav Lakes Road
706 "Downtowner", is a clockwise loop route serving the H Street Trolley Station and
business district via 4th Avenue and 3'd Avenue
706A "Downtowner" is a counterclockwise loop route serving the Bayfront Trolley Station,
the Chula Vista Marina, KOA Campgrounds and the Chula Vista downtown business
district
707 Serves the H Street Trolley Station and Sharp Chula Vista Medical Center via East H
Street, Paseo Ranchero, East J Street and Paseo Ladera
708 Serves the Bayfront Trolley Station and the Chula Vista Nature Interpretive Center
709 Serves the H Street Trolley Station, Southwestern College and Eastlake via H Street,
Otay Lakes Road and Eastlake Parkway. This Route also provides express service
between Southwestern College and H Street Trollev Station on a limited basis
711 Serves Plaza Bonita Shopping Center, Southwestern College and Eastlake via Bonita
Mesa Road, Bonita Road, Central Avenue, Corral Canyon Road, East H Street and
Otav Lakes Road
712 Serves the Palomar Trolley Station and Sharp Chula Vista Medical Center via Palomar
Street, Melrose Avenue and Naples Street.
Transit staff continues to adjust schedules and routes as dictated by passenger demand, new
developments and traffic patterns. Since the last report to Council the following service changes
have been implemented:
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Table 9
Service
Route Chane:e Date Description Objective
701 February 1,2003 Discontinuation oflate evening Part of service reduction plan to
weekend trips. make svstem more productive
702 February I, 2003 Discontinuation oflate evening Part of service reduction plan
weekend trips to make system more
productive
703 February 1,2003 Discontinuation of early morning Part of service reduction plan to
and late evening weekend trips. make system more productive
705 February 1,2003 Discontinuation oflate evening Part of service reduction plan to
weekend trips. make system more oroductive
707 February 1,2003 Rerouting via Paseo Ladera and E. To increase productivity and
Palomar Street. serve new hil!h-densitv housinl!.
707 September 2, 2003 Route extended east on E. H Street To increase route productivity
via Paseo Ranchero and E. J Street by serving commercial corridor,
YMCA, future library site,
Employment Development
Department, Middle School and
hil!h densitY housinl!.
709 February 1,2003 Minor schedule adjustments Increase on-time oerfonnance
709 September 2, 2003 Discontinue duplication of service Increase productivity, reduce
loop to Eastlake H.S. costs and increase on-time
perfonnance. Reprogramming
of saved miles to serve unmet
transit needs
711 September 2, 2003 Discontinuation of last evening trip Increase productivity and
reduce costs. Reprogramming
of saved miles to serve unmet
transit needs
712 February 1, 2003 Minor schedule adiustments Increase on-time perfonnance
Operational Statistics
CVT operates approximately 1.4 million revenue miles per year and carried over 3.3 million
passengers in FY 03. As part ofMTS, CVT is classified as a Suburban Feeder Transit System.
CVT's system productivity exceeds the region's Suburban Feeder average productivity in three
of the five categories.
Table 10
Passengers! Average Operating Subsidy! Farebox
FY03 Revenue Mile Farel Cost! Passenger Recovery Ratio
Passene:er Revenue Mile
Suburban Feeder Ave:. 1.78 $0.73 $4.07 $1.56 31.7%
Chula Vista Transit 2.37 $0.69 $4.20 $1.08 39.0%
% Chane:e 33.1% (5.5%) 3.2% (30.8%) 23.0%
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Transit Contractor (A TC)
Fiscal year 2003 was A TC's first year as the City's transit contractor. Although, we have a
contractual relationship with A TC, transit staff considers A TC an equal partner in our mutual
goal to providing safe, reliable and efficient transportation to the visitors and residents ofChula
Vista. We try to emphasis that ATC employees provide and represent a City service that must be
delivered with the highest level of professionalism. The following is a list of accomplishments by
transit as part of this team effort:
Table II
Accomplishment Descrintion
Safety/Security trraining A TC reduced by 55.0% the number of both personal and property
accidents by focusing on safety and improved training. Monthly safety
meetings, "Total Quality Techniques" and ATC's "Workout" system are
being implemented to gather feedback from employees, creating new
ideas and solving problems.
Perlormance .:. On-Time Performance - Regional Standard 90.0%
95.0%
.:. Trip Completion - 99.90% Regional Standard 99.8%
.:. ADA Bus Stop Call-Outs - Region Average 75.0%
90.0%
.:. Road Calls per Revenue Industry Standard I 0-12Kmiles per
Mile - 10,210 Roadcall
.:. Wheelchair Passenger
Boarding - +65.0%
.:. Bicycle Passenger
Boardin!!.s - +728.0%
Customer Service 24 hour information telephone line; Postage paid comment cards on
board buses; Staff has been available to make Transit education
presentations to Veterans Home, Norman Park Senior Center, Chula
Vista H.S., etc.
Scheduling Adjusted schedules to improve performance and the overall efficiencies.
Fine tuning of schedules to make routes more efficient with the limited
resources at hand.
Stand-By Buses To better serve our riders Stand-By buses have been staged at the H
Street Transit Center and at Southwestern College to meet passenger
peak-load demands. Stand-By buses can quickly respond to service
quality issues.
Bus Roadeo Hosted the Local Bus Roadeo and the Southern California Regional Bus
Roadeo competitions. CVT driver won the local bus roadeo.
AdWheel Award CVT was awarded first place in the Americans Public Transportation
Association's AdWheel competition for CVT's Svstem Mao.
Maintenance Audits Conduct regularly scheduled independent maintenance audits of our
Transit Contractor maintenance oractices.
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Meeting Date 1 13 04
It saddens us to report to Council that on Monday, November 24,2003 an ATC driver was
involved in a fatal pedestrian/bus accident at the H Street Trolley Station. This is the first fatality
in CVT's history. City Transit staff will inform Council once the investigation of the accident is
finalized by the Chula Vista Police Department.
Organized Labor Activities
On November 21, 2003 A TC employees voted in favor of labor representation by the
Amalgamated Transit Union (ATU), Local 1309. Based on the fixed-cost, five-year contract we
have with A TC and the regional transit funding deficit, negotiations between A TC and A TU for
an initial agreement may be lengthy.
Bus Stop Maintenance
Transit staff has tried to be responsive to the community by addressing issues related to trash,
graffiti, and weed abatement at or near our bus stops. As previously mentioned Transit funds
half the salary of a Public Works Senior Maintenance Worker to respond to bus stop maintenance
issues. In our efforts to be pro-active the Transit Division has contracted with the County of San
Diego Probation Department for bus stop maintenance services. At a cost of only $364 per day
probation crews target specific route segments for maintenance as directed by Transit staff. To
date we have seen significant improvements to the appearance of our bus stops at an outstanding
cost benefit.
Nature Center Shuttle
Fiscal year 2003 was the first year of SANDAG's Nature Center Shuttle (NCS) phase-out plan.
As a reminder SANDAG Board's policy is to phase out subsidies to Non-Transit services. These
are services that cater to niche markets and are not tied to the regional transit network. The
following is the phase-out plan for the NCS developed by SANDAG staff:
Table 12
FY 2003 FY 2004 FY 2005
MTDB CV MTDB CV MTDB CV
Administration X X X
Financial 85% 15% 50% 50% 0% 100%
Estimated Subsidy $62,002 $10,900 $37,470 $37,470 $0 $78,986
Actual Subsidy $53,937* $9,518*
*Actual
The funding of the NCS would likely be achieved through both an increase in NC visitor fares as
well as additional General Fund support.
As mentioned in last year's report, SANDAG staff was pursuing funding for an alternative fuel
bus for the NCS through an Air Pollution Control District (APCD) grant. We are pleased to
inform Council that APCD awarded a grant in the amount of $135,000 for the NC shuttle bus.
The estimated cost for the 30-foot, low-floor, CNG bus is approximately $300,000. This grant
will require a $165,000 match, which would come from the City's unallocated TDA funds. The
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City's Transit Section will transfer the existing Trolley buses to the NC to have as back-up
vehicles. Additionally, the Transit Section is committed to assisting the NC in the continued
operation of the shuttle.
Capital Assets
Vehicles
The Table below shows the current CVT bus fleet. In May 03 eight buses were retired and put
up for sale at the County of San Diego auction. The $8,357 generated from the sale will be
credited toward the City's unallocated TDA account. The next CVT order of buses consists of
six CNG, 30 foot, low-floor buses and delivery is expected in 12 months. The complete
transition of the fleet from Diesel to CNG should be completed within the next four years.
Table 13
CVT VEHICLE FLEET INVENTORY
Manufacturer Model Year Quantity Lenlrth (Feet) Fuel Status
New Flyer 2001 10 40 CNG Active
New Flyer 2000 15 40 CNG Active
Gillig 1995 2 35 Diesel Active
Orion 1991 6 35 Diesel Active
Orion 1990 2 35 Diesel Active
Chance Trolley 1989 4 26 Diesel Active (2)lInactive (2)
Total 39
The CNG buses are owned by MTDB and leased to the City for one dollar a year per bus via an
agreement approved by Council on January 12, 1999.
Bayfront/E Street Visitor ¡'!formation Center
The City's Public Information and Transit personnel manage the Bayfront/E Street Visitor
Information Center (BVIC). This facility was built in cooperation with the County of San Diego
to better serve both the visiting public and permanent residents. The City contributed $3.4
million toward the construction of this facility. Regional TDA funds are allocated for the
operation and maintenance of the BVIC. The City's responsibilities include:
. Administration of visitor information center leases
. Operate and maintain the Information center and grounds
. Administer Budget
FY 04 current TDA allocation amounts to $117,410 for the operation and maintenance of the
BVIC
Southwestern College Transit Stop (SWCTS) /7-/3
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The SWCTS was built in 1995 by the County of San Diego with the City agreeing to the
responsibility for major maintenance and repairs. Transit staff oversee that the City's
maintenance responsibilities are met. The current annual allocation of TDA funds for the
SWCTS maintenance is $19,890. Transit staff is working with SWC on a project to redesign and
repave the bus entrance and exit. The new CVT buses are causing damage to the asphalt due to
the heavier weight and are taking up more lane space due to their length and width. The project's
goal is to repave with concrete and widen the driveways. The College will share halfthe cost.
Transit staff will return for Council's approval to spend approximately $150,000 of City 's
Unallocated TDA funds for this project.
Projected Growth
Two factors will probably have a negative impact on future transit ridership in Chula Vista. One
is the current downturn in the economy. CVT has been experiencing a decline in ridership since
the Third Quarter of FY 02. This decline continued into FY 03, but Staff expects ridership to
rebound with the economy in FY 04. The second and more serious potential negative impact is
the regional transit funding deficit. As mentioned in the funding section the balancing of the
funding deficit may require regional service reductions of over $35 million each year for the next
four years. City Transit staff will continue to work closely with MTS and SANDAG staffto
minimize impact on Chula Vista Transit services
Conclusion
Although FY 03 showed a negative trend, ridership is still showing solid numbers, and we
continue to experience above average productivity numbers. Due to the operating deficit, the
challenge for Transit staff and the other regional transit operators will be to maintain service
levels that can continue to meet passenger needs. One method will be to start targeting
unproductive CVT route segments and times spans and re-program these resources into more
productive services.
FISCAL IMPACT: CVT operations and capital programming contains no General Fund
contribution. The CVT's operating and capital programming costs are funded by SANDAG
Consolidated TDA Article 4.0 funds. By July 2004 (FY 05), the City will have to take over an
estimated $79,000 subsidy for the Nature Center shuttle.
File: DS-O27/035
C:lAndyT\MyFiles\DATA\WPDOCSIAI13'SIAI13 CVT Report on Operations and Funding -FY 04.doc
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 1/13/04
ITEM TITLE: Resolution 2004 Supporting the Local Taxpayers and Public Safety
Protection Act ')
SUBMITTED BY: David D. Rowlands&City Manager
Colleen M. Kelly, Intergovernmental Affairs Coordinator OÆJJ-.-
REVIEWED BY: City Manager (4/Sths Vote: Yes- NoX)
The League of California Cities has asked its members to adopt a resolution supporting the combined
efforts of the League, the California State Association of Counties (CSAC) and the California
Special District Association, to place on the ballot and win voter approval for the Local Taxpayers
and Public Safety Protection Act. This Act is a constitutional amendment that will protect local
government revenue from being taken by the State without voter approval. To date, approximately
200 cities have adopted the resolution. Locally, this includes the cities of: El Cajon, Encinitas,
Escondido, Imperial Beach, La Mesa and Santee. Cities that will consider this resolution in the near
future include: Carlsbad, Del Mar, Lemon Grove, National City and San Diego.
RECOMMENDATION: That the City Council approve the Resolution supporting the Local
Taxpayers and Public Safety Protection Act
BOARD/COMMISSION RECOMMENDATION: N/ A
DISCUSSION:
Background
The State government of California has a long history of usurping local revenue streams in order to
balance the state budget and allow the State to meet its own constitutional obligations. The City of
Chula Vista's 1993/94 budget message to the City Council featured a chronological list of city funds
taken by the State that included:
. Liquor License Fees
. Highway Carriers Tax
. Aid to Local Agencies
. Business Inventory Tax Reduction
. Business Inventory Tax Repeal
. Cigarette Tax Shift
. Water Fees
. Booking Fees/Tax Collection
. No/Low Property Tax Cities Cut
. Fines/Forfeitures Loss
. Growth in Fines
. Additional Cigarette Tax Shift
. Redevelopment Subventions
. Property Tax Shift (ERAF)
. Remaining Cigarette Tax
8 Mobile Home License Fees
/?~I
Item ---LL
1113/04 page 2
Over the objections of cities and counties, from 1998 through 2000, the State reduced another critical
local revenue resource, the vehicle license fee (VLF), lowering it 67.5%. Although the State
promised to backfill VLF losses to local government, the Legislature has failed to fulfill that promise
in the face of a State budget shortfall that exceeds $10 billion in the current fiscal year. In Chula
Vista, the VLF represents $12 million for fiscal year 2003/04, more than $8 million of which should
come as backfill from the State. While the Governor has acted, to the extent he is able, to keep cities
whole in the short term, the Legislature has made it clear that they are willing to sacrifice local
government services in order to protect State-supported programs.
On February 11, 2003, the Chula Vista City Council adopted a resolution supporting a voluntary
payroll deduction plan, Save Our Services (SOS). The funds collected through this plan are used
solely for the purpose of placing a measure on the ballot to protect local government revenues. To
date, employees of the City of Chula Vista have contributed approximately $2,000 to the SOS
program.
The League of California Cities' Proposal
The League of California Cities has joined forces with the California State Association of Counties
and the California Special Districts Association, to develop a constitutional amendment that would
prevent future raids on local government revenues. The proposed amendment, known as the Local
Taxpayers and Public Safety Protection Act, is an initiative that the League hopes to place on the
November 2004 ballot. The measure has been endorsed by the California Independent Public
Employees Legislative Council, a labor organization representing 69,000 public employees in
California, and is being considered for endorsement by the California Professional Firefighters, the
Police Officers Association, and the Building Industry Association.
As described by the League, the initiative would "require approval by a majority of the electorate
before a proposed state law may take affect that reduces the sales, property and VLF funds of cities,
counties and special districts. The initiative would also clarify the State's duty to reimburse in a
timely way for a new mandated program or higher level of service".
FISCAL IMPACT:
There is no direct fiscal impact associated with adopting this resolution. Successful passage of the
ballot measure would, however, safeguard existing local government revenue streams and the critical
services they fund. These services include police and fire protection, park, recreation and library
programs.
Attachments:
· Text of Local Taxpayers and Public Safety Protection Act
· Outline and Summary of the Local Taxpayers and Public Safety Protection Act
· Resolution 2003-054 (February 11,2003) Establishing a Voluntary Payroll Deduction Program to Protect City Services and
Revenues
C:\... \2004\agenda statements\local taxpayers & public safety protection act.doc
¡g,;:;.
THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT
SECTION ONE. Short Title.
These amendments to the California Constitution shall be known and may be
cited as the LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT.
SECTION TWO. Findings and Purposes
(a) The People of the State of California find that restoring local control over local
tax dollars is vital to insure that local tax dollars are used to provide critical local services
including police, fire, emergency and trauma care, public health, libraries, criminal
justice, and road and street maintenance. Reliable funding for these services is essential
for the security, well-being and quality of life of all Californians.
(b) For many years, the Legislature has taken away local tax dollars used by local
governments so that the State could control those local tax dollars. In fact, the Legislature
has been taking away billions of local tax dollars each year, forcing local governments to
either raise local fees or taxes to maintain services, or cut back on critically needed local
services.
(c) The Legislature's diversion oflocal tax dollars from local governments hanns
local governments' ability to provide such specific services as police, fire, emergency and
trauma care, public health, libraries, criminal justice, and road and street maintenance.
(d) In recognition of the hann caused by diversion of local tax dollars and the
importance placed on voter control of major decisions concerning government finance,
and consistent with existing provisions of the California Constitution that give the people
the right to vote on fiscal changes, the People of the State of California want the right to
vote upon actions by the State government that take local tax dollars from local
governments.
(e) The Local Taxpayers and Public Safety Protection Act is designed to insure
that the People of the State of California shall have the right to approve or reject the
actions of state government to take away local revenues that fund vitally needed local
servIces.
(I) The Local Taxpayers and Public Safety Protection Act strengthens the
requirement that if the State mandates local governments to implement new or expanded
programs, then the State shall reimburse local governments for the cost of those
programs.
(g) The Local Taxpayers and Public Safety Protection Act does not amend or
modify the School Funding Initiative, Proposition 98 (Article XVI, section 8 of the
California Constitution).
I
!~-3
(h) Therefore, the People declare that the purposes of this Act are to:
(1) require voter approval before the Legislature removes local tax dollars
from the control of Local Government, as described in this measure;
(2) insure that local tax dollars are dedicated to local governments to fund
local public services;
(3) insure that the Legislature reimburses local governments when the
State mandates local governments to assume more financial responsibility
for new or existing programs; and
(4) prohibit the Legislature from deferring or delaying annual
reimbursement to local governments for state-mandated programs.
SECTION THREE. Article XIIIE is hereby added to the California Constitution to read
as follows:
ARTICLE XIIIE Local Taxpayers and Public Safety Protection Act
Section 1. State-wide Voter Approval Required
(a) Approval by a majority vote of the electorate, as provided for in this section,
shall be required before any act of the Legislature takes effect that removes the following
funding sources, or portions thereof, from the control of any Local Government as
follows:
(1) Reduces, or suspends or delays the receipt of, any Local Government's
proportionate share of the Local Property Tax when the Legislature
exercises its power to apportion the Local Property Tax; or requires
any Local Government to remit Local Property Taxes to the State, a
state-created fund, or, without the consent of the affected Local
Governments, to another Local Government;
(2) Reduces, or delays or suspends the receipt of, the Local Government
Base Year Fund to any Local Government, witholt appropriating
funds to offset the reduction, delay or suspension in an equal amount;
(3) Restricts the authority to impose, or changes the method of
distributing, the Local Sales Tax;
(4) Reduces, or suspends or delays the receipt of, the 2003 Local
Government Payment Deferral; or
(5) Fails to reinstate the suspended Bradley-Burns Unifonn Sales Tax
Rate in accordance with Section 97.68 of the Revenue and Taxation
Code added by Chapter 162 of2003 Statutes; or reduces any Local
Government's allocation of the Property Tax required by Section
97.68 while the Sales Tax Rate is suspended.
2
:8 ~!..i-
! .
(b) A vote of the electorate, as provided in this section, shall also be required if
an act of the Legislature that establishes classifications or exemptions from the Local
Property Tax or the Local Sales Tax does not include a continuous appropriation to
reimburse Local Governments for the actual loss of revenue from those classifications or
exemptions.
(c) Prior to its submission to the electorate, an act subject to voter approval under
this section must be approved by the same vote of the Legislature as is required to enact a
budget bill and shall not take effect until approved by a majority of those voting on the
measure at the next statewide election in accordance with subdivision (d).
(d) When an election is required by this section, the Secretary of State shall
present the following question to the electorate: "Shall that action taken by the
Legislature in [Chapter- of the Statutes of -], which affects local revenues, be
approved?
Section 2. Definitions
(a) "Local Govemment" means any city, county, city and county, or special
district
(b) "Local Government Base Year Fund" means the amount of revenue
appropriated in the 2002-2003 fiscal year in accordance with Chapters I through 5,
commencing with section 10701 of Part 5 of Division 2 of the Revenue and Taxation
Code, adjusted annually based upon the change in assessed valuation of vehicles that are
subject to those provisions of law. In the eved that the fees imposed by those provisions
of law are repealed, then the Fund shall be adjusted annually on July I by an amount
equal to the percentage change in per capita personal income and the change in
population, as determined pursuant to Article XIIIB.
(c) "2003 Local Government Payment Deferral" means the amount of revenues
required to be transferred to Local Government from the General Fund specified in
subparagraph D of paragraph 3 of subdivision (a) of section 10754 of the Revenue and
Taxation Code in effect on August II, 2003.
(d) "Local Property Tax" means any Local Government's January I, 2003
proportionate share of ad valorem taxes on real property and tangible personal property
apportioned pursuant to the Legislature's exercise of its power to apportion property
taxes as specified in Article XIIlA, section I. "Local Property Tax" also means any
Local Government's allocation of the ad valorem tax on real property and tangible
personal property pursuant to Article XVI, section 16.
(e) "Local Sales Tax" means any sales and use tax imposed by any city, county,
or city and county pursuant to the Bradley-Burns Uniform Sales and Use Tax (Chapter I
of Part 1.5 of Division 2 of the Revenue and Taxation Code) in accordance with the law
in effect on January 1,2003.
3
/3 -5
., ...,.....,. .-.....-----..---.......-.-...-
(I) "Special District" means an agency of the State, fonned pursuant to general
law or special act, for the local perfonnance of governmental or proprietary functions
with limited geographic boundaries, including redevelopm:nt agencies, but not including
school districts, cornmunity college districts, or county offices of education.
(g) "State" means the State of California.
Section 3. Interim Measures
(a) The operation and effect of any statute, or portion thereof, enacted between
November 1,2003 and the effective date of this Act, that would have required voter
approval pursuant to Section I if enacted on or after the effective date of this Act (the
"Interim Statute"), shall be suspended on that date and shall have no further force and
effect until the date the Interim Statute is approved by the voters at the first statewide
election following the effective date of this Act in the manner specified in Section I. If
the Interim Statute is not approved by the voters, it shall have no further force and effect.
(b) Ifthe Interim Statute is approved by the voters, it shall nonetheless have no
further force and effect during the period of suspension; provided, however, that the
statute shall have force and effect during the period of suspension if the Interim Statute or
separate act of the Legislature appropriates funds to affected local governments in an
amount which is not less than the revenues affected by the Interim Statute.
SECTION FOUR. Article XIIIB Section Six (6) is hereby amended as follows:
SEe. 6. (a) Whenever the Legislature or any state agency mandates a new program or
higher level of service on any local government, the State shall annually provide a
subvention of funds to reimburse such local government for the costs of such program or
increased level of service, except that the Legislature may, but need not, provide such
subvention of funds for the following mandates:
W (1) Legislative mandates requested by the local agency affected;
(bj (2) Legislation defining a new crime or changing an existing definition of a
cnme; or
fej (3) Legislative mandates enacted prior to January I, 1975, or executive orders
or regulations initially implementing legislation enacted prior to January I, 1975.
(b) The annual subvention offunds required by this section shall be transmitted to the
local government within 180 days of the effective date of the statute or regulation or
order by a State officer or agency that mandates a new program or higher level of
service, or within 180 days of a final adjudication that a subvention of funds is required
pursuant to this section. For purposes of this section, the Legislature or any State
agency or officer mandates a new program or higher level of service when it creates a
new program, requires services not previously required to be provided, increases the
4
Z '
/)-rp
frequency or duration of required services, increases the number of persons eligible for
services, or transfers to local government complete or partial financial responsibility for
a program for which the State previously had complete or partial financial responsibility.
(c) If during the fiscal year in which a claim for reimbursement is filed for a subvention
of funds, the Legislature does not appropriate a subvention of funds that provides full
reimbursement as required by subdivision (a), or does not appropriate a subvention of
funds that provides full reimbursement as part of the state budget act in the fiscal year
immediately following the filing of that claim for reimbursement, then a local government
may elect one of the following options:
(1) Continue to perform the mandate. The local government shall receive
reimbursement for its costs to perform the mandate through a subsequent appropriation
and subvention of funds; or
(2) Suspend performance of the mandate during all or a portion of the fiscal year
in which the election permitted by this subdivision is made. The local government
may continue to suspend performance of the mandate during all or a portion of
subsequentfiscal years until the fiscal year in which the Legislature appropriates
the subvention of funds to provide full reimbursement as required by subdivision
(a). A local government shall receive reimbursement for its costs for that portion
of the fiscal year during which it performed the mandate through a subsequent
appropriation and subvention offunds.
The terms of this subdivision do not apply, and a local government may not make the
election provided for in this subdivisionJor a mandate in effect on January 1,2004 that
either requires safe working conditions for local government employees or establishes
procedural rights arising from and directly relating to local government employment.
(d) For purposes of this section, "mandate" means a statute, or action or order of any
state agency, which has been determined by the Legislature, any court, or the
Commission on State Mandates or its designated successor, to require reimbursement
pursuant to this section.
SECTION FIVE. Construction.
(a) This measure shall be liberally construed to effectuate its purposes, including
providing adequate funds to Local Government to fund local services such as police, fire,
emergency and trauma care, public health, libraries, criminal justice, and road and street
maintenance.
(b) This measure shall not be construed either to alter the apportionment of the ad
valorem tax on real property pursuant to Section I of Article XIIIA by any statute in
effect prior to January 1,2003 or to prevent the Legislature from altering that
apportionment in compliance with the tenns of this measure.
5
/2- ;'
(c) Except as provided in Section 3 of Article XIIIE added by Section Three of this Act,
the provisions of Section I of Article XIIIE added by Section Three of this Act apply to
all statutes adopted on or after the effective date of this Act.
SECTION SIX If any part of this measure or its application to any person or
circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not
affect other provisions or applications that reasonably can be given effect without the
invalid provision or application.
6
/3-3
THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT
An Outline and Summary
SECTION ONE. Short Title.
LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT
SECTION TWO. Findings and Declarations.
Explains the historical and legal basis for the initiative and sets forth its purposes. Specifically
states it does not amend or modify Proposition 98 (school funding guarantee)
SECTION THREE
Section 1. State-wide Voter Approval Required
(a) Requires approval by a majority of the voters before the legislature can:
(1) Property Tax. Reduce, or suspend or delay receipt of the percentage shares of the
property taxes of local governments (not ERAF or school share) or require local
governments to pay property taxes to the state, a state-created fund (e.g., ERAF), or
another local government (unless consented to). Includes RDAs.
(2) VLF. Reduce, or delay or suspend receipt of, the amount of revenue appropriated in
2002-03 to any city or county, plus annual growth, for the VLF and VLF backfill, unless
this amount is offset by replacement revenues (like the previous state general fund
backfill);
(3) Sales Tax. Restrict the authority to impose, or changes the method of distributing, the
Bradley Burns Local Sales Tax;
(4) VLF Loan. Refuse to repay cities and counties in 2006 for the VLF backfill loan to the
state made in the current budget year.
(5) Triple Flip. Refuse to retum the Y, cent of local sales tax authority suspended by the
"Triple Flip" legislation passed as part of the 2003 budget or fail to make the property
tax backfill payments to cities and counties while the Triple Flip is in existence.
(b) Tax Exemptions and Classifications. Also requires voter approval if the Legislature
establishes classifications or exemptions from the property or sales tax without
compensating local governments for the lost revenue.
(c) Reauired Leaislative Vote. Requires legislative approval of any proposal to reduce local
revenues by whatever vote is required by the constitution to approve the state budget.
Currently that is a 2/3 vote, but if the Budget Accountability Act is passed in March it will be
55%.
(d) Wordina of Ballot Question. States the wording of the question for the voters. This is
framed like a referendum question would be phrased under the constitution.
Section 2. Definitions (Abbreviated)
(a) "Local Government" means a city, county, city and county, or special district.
(b) "Local Government Base Year Fund" is the term used to describe the amount of the 2002-
2003 VLF or its successor if it is eliminated. If it is eliminated, the successor revenue
source will grow at a rate consistent with the "Gann Factor" in existing Article XIlIB.
(c) "2003 Local Government Payment Deferral" means the amount of the VLF "Gap' Loan that
was approved in the 2003 state budget.
(d) "Local Property Tax" means the ad valorem property tax (not parcel taxes since they are
not based on the value of the property) and the redevelopment property tax increment.
November 11, 2003
League of California Cities /fl-C)
--,---,- ,,-------------
(e) "Local Sales Tax" means only the Bradley Burns Sales Tax (before the Triple Flip) and not
any other sales taxes, such as transit taxes.
(D "Special District" means the standard special districts and also includes redevelopment
agencies.
(g) "State" means the State of California.
Section 3. Interim Measures (Retroactive Provisions)
This section subjects laws passed after November 1, 2003, which would require voter approval
under the ballot measure, to the voter approval requirements of Section 1 if the voters approve the
initiative in November 2004, Until approved by the voters at a subsequent statewide election, any
such law would be suspended unless the legislature provides a replacement for the lost local
revenue.
SECTION FOUR. Mandates.
This section amends and adds additional subsections to an existing section of the state constitution
requiring reimbursements for unfunded mandates. It applies oniy to mandated functions that are
eligibie for reimbursement. It does not apply to mandated functions that are not eligible for
reimbursement (e.g., federal mandates, mandates that also apply to the private sector as well like
civii rights mandates, mandates for which a funding source is provided, etc.). The changes are:
(a) No changes are made to this existing subsection.
(b) Prompt Pavment and Definition of Mandate. Requires state government to pay local
governments the reimbursements that are legally due within 180 days of the effective date
of a mandate or the final adjudication of the duty to pay. It also clarifies that the State
mandates a new or higher levei of service when it does a number of specific acts that shift
costs to local governments, including expanding eligibility for services, increasing the
frequency or duration of services, etc.
(c) Suspension of Unreimbursed Mandates. Provides that if the budget does not appropriate
the amount due for a mandated program or service that a local government may elect to
suspend compliance with the mandate, except for existing mandates that require safe
working conditions or establish procedural rights (e.g., Police Officer Bill of Rights), for
local government employees.
(d) Definition of "Mandate" . Restates the existing definition of a "mandate": an act of the
legislature or an order of a state agency that requires reimbursement under Article XIIIB,
SECTION FIVE. Construction
(a) Liberal Construction. Requires liberal construction by the courts to ensure the provision
of adequate local funds for critical local services.
(b) Propertv Tax Shares Not Affected. States the measure should not be construed either to
alter the apportionment of property taxes (to any local government, schools, ERAF, etc.) or
to prevent the Legislature from altering the apportionment as provided in the initiative (e.g.,
with voter approval if it would reduce the shares of local governments).
(c) Limited Retroactivitv. Clarifies the initiative is not retroactive except as provided in
SECTION THREE, concerning interim measures.
SECTION SIX. Severability
Allows the court to hold parts of the Act invalid without invalidating the entire Act.
November 11, 2003
League of California Cities /g_lo
, I
RESOLUTION NO. 2003-054
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A VOLUNTARY PAYROLL
DEDUCTION PROGRAM TO PROTECf CITY SERVICES
AND REVENUES
WHEREAS, as a general rule, City leaders are in a better position than State government
to make decisions governing local affairs, educate the citizenry as to the benefits of strong local
government, and advocate on behalf of Cities; and
WHEREAS, measures enacted through the legislative process, as well as by statewide
ballot initiatives, over the past 20 years have produced the unintended consequences of
destabilizing City finances and have weakened the ability of City residents to govern local affairs
through their elected community representatives; and
WHEREAS, the State of California is currently using over $800 million each year in City
property tax funds to balance the state budget; and
WHEREAS, the California Legislative Analyst's Office has projected that the State is
facing a structural budget deficit of over $10 billion per year over the next five (5) years, and
City services and revenues are at risk of further state raids; and
WHEREAS, the League of California Cities is currently conducting research on various
ways to secure constitutional protection of City services and revenues and may sponsor a
statewide ballot measure for this purpose in 2004 or thereafter; and
WHEREAS, Action for Better Cities was created by the Board of Directors of the League
of California Cities to advocate voter approval of constitutional protection of City services and
revenues and opposition to ballot proposals that reduce local democratic control of local service
and revenues; and
WHEREAS, elected and appointed city officials and employees have the opportunity to
provide leadership in Action for Better Cities through voluntary financial contributions to the
"SOS" Fund; and
WHEREAS, the expenditure of monies in the "SOS" (Save Our Services) Fund by
Action for Better Cities shall be limited and dedicated to ballot measure campaigns that are
designed to specifically strengthen the services and revenues of city governments.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that:
Section 1. There is hereby established the Voluntary Payroll Deduction Program of the City of
Chula Vista.
Section 2: Any unrepresented employee or member of the City Council of the City of Chula
Vista is eligible immediately to participate in the program. Represented employees may
participate after their representative has met and conferred with the City representative about the
program.
/g-JI
Resolution 2003-054
Page 2
Section 3. The pUipose of the program is to allow an employee or member of the City Council to
direct the City of Chula Vista to remit a portion of the salary payable pursuant to City ordinance
or resolution to charitable, educational, government, or other purposes for which non-profit
mutual benefit corporations are organized.
Section 4. Participation in the program is completely voluntary.
Section 5. The City Manager is directed to do all things necessary and proper to implement the
program established by this resolution, including, but not limited to, preparing appropriate forms
to be completed by participating employees and City Council members, informing City Council
members of the full range of charitable, educational, governmental, or other purposes for which
non-profit mutual benefit corporations are organized, carrying out the direction of the
participating employees or City Council members by remitting a portion of their salary as stated
in the appropriate forms.
Section 6. In establishing the program, the City Council specifically wishes to make its support
known for a voluntary payroll deduction to protect City services and revenues through
contributions to the "SOS" Fund, administered on behalf of the League of California Cities by
Action for Better Cities.
Presented by Approved as to form by
ø ..~ f2 c .v '~~
c~ . -v- ~-
David D. Rowlands, Jr. / 1 M. Kaheny
City Manager City Attorney /
I g - /~Y
I .
. ---.- -....------ -----------..--....
Resolution 2003-054
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuIa Vista,
California, this 11 th day of February, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Council members: None
ABSENT: Councilmembers: None
Jiæ! L
ATIEST:
~ d l:ï3:~J "'. --'
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNfY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2003-054 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of February, 2003.
Executed this 11th day of February, 2003.
~~ 13~
Susan Bigelow, City Clerk
/ g - /3
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SUPPORT THE LOCAL TAXPAYERS AND PUBLIC SAFETY
PROTECTION ACT
WHEREAS, the State has a long history of usurping local revenue streams in order to
balance the State budget; and
WHEREAS, the League of California Cities has joined forces with the California State
Association of Counties and the California Special Districts Association, to place the Local
Taxpayers and Public Safety Protection Act on the ballot; and
WHEREAS, this Act is a constitutional amendment designed to protect local
government revenue from being taken by the State without voter approval; and
WHEREAS, this measure has been endorsed by the California Independent Public
Employees Legislative Council and over 200 cities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofChula
Vista hereby supports the Local Taxpayers and Public Safety Protection Act.
Presented by
Approved as to form by
~ß1Jr/A/WI
David D. Rowlands, Jr.
City Manager
J:Attomey\Reso\Benefits\taxpayers & public safety act
/~'ILf
January 13, 2004
ELIZABETH G. HILL .
LEGISLATIVE ANALYST
On January 9, the Governor released his pro-
posed plan for addressing the state's large
budget problem. The Governor proposes an
approach that relies on substantial spending
cuts; a large shift of property taxes from local
governments; as well as additional borrowing,
deferrals, and fund shifts. Also, while raising
certain fees, the proposal avoids new taxes. The
Legisiature faces a formidable challenge in
evaluating the many important policy issues the
plan raises. These include the appropriate mix
between borrowing, spending reductions, and
revenue augmentations; the viability of certain
proposed solutions; and its multiyear approach
to eliminating the projected out-year structural
budget problem. .
AN LAO REPORT
Acknowledgments LAO Publications
This report was prepared by Dave Vasché and
Brad Williams, with the asistance of many
others throughout the office. The Legislative
Analyst's Office (LAO) is a nonpartisan office
which provides fiscal and policy information
and advice to the Legislature.
.
To request publications call (916) 445-4656.
This report and others, as well as an E-mail
subscription service, are available on the
lAO's Internet site at www.lao.ca.gov. The
LAO is located at 925 L Street, Suite 1000,
Sacramento, CA 95814.
2
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
OUR "BOTTOM LINE"
The basic budget problem currently facing
the state involves an ongoing projected struc·
tural imbalance between current-law expendi-
tures and revenues of roughly $15 billion annu-
ally. The Govemor's 2004-05 budget proposal
seeks to address this problem in 2004·05 largely
through a combination of major and wide-
ranging spending reductions, additional borrow·
ing, and a diversion of local property taxes for
the benefit of the state. It casts a wide net in
terms of its proposed cuts, includes significant
fee increases in higher education and other
areas, and does not impose tax increases.
Finally, the budget proposal is self-described as a
"workout plan" and acknowledges that it does
not fully address the structural budget problem.
LAO Assessment, The proposal has several
positive attributes, including realistic revenue
and case load assumptions, as well as real and
ongoing solutions from most areas of the bud-
get. As such, we believe that it provides a solid
starting point for budget deliberations. At the
TOTAL STATE SPENDING
The budget proposes total state spending in
2004·05 of $97.2 billion (excluding expenditures
of federal funds and bond funds). This repre-
sents a decrease of 0.2 percent from the current
same time, however, it presents the Legislature
with numerous policy issues and concerns. For
example, its reductions would have far-reaching
consequences for the scope of state services in
a variety of program areas. Some of its propos-
als lack detail or have savings estimates that may
not be achievable. And, even with the serious
spending reductions it proposes in 2004-05, the
plan does not fully address the state's ongoing
budget problem-leaving a roughly $6 billion
shortfall between expenditures and revenues in
2005-06. This means that further cuts, more
borrowing, revenue increases, or other solutions
beyond those included in 2004-05 would be
needed to achieve budgetary balance in the out
years.
In view of these factors, it will be necessary
for the Legislature to "look beyond" this pro-
posal and consider other options-including
additional savings proposals and revenue in-
creases-if it wishes to fully resolve the state's
chronic budget crisis.
year. General Fund spending is projected to fall
from $78 billion to $76.1 billion while special
funds spending rises from $19.4 billion to
$21.1 billion.
GENERAL FUND CONDITION
Figure 1 (see next page) shows the General
Fund's condition from 2002·03 through 2004·05
under the budget's assumptions and proposals.
LEGISLATIVE ANALYST'S OFFICE
Prior Year
In a very significant positive development.
the 2002-03 budget's condition has improved
by about $2.2 billion since the 2003-04 budget
3
was enacted last sum-
mer. This improvement
means that the state
needs about $2 billion
less in savings and/or
other budgetary solu-
tions to keep in balance
in 2004-05.
About one· half of
the improvement relates
to recent increases in
AN LAO REPORT
Figure 1
Governor's Budget
General Fund Condition
(Dollars in Millions)
Prior-year fund balance
Revenues and transfers
Bond proceeds
Total resources available
Expenditures
Deficit Recovery Fund transfer
Total expenditures
Ending fund balance
Encumbrances
prior-year revenue
accruals made by the
Controller, based on
information from the
state's tax agencies for
2002-03 and earlier years. Another one-fourth of
the improvement is related to lower estimates of
the amount of expenditures that were encum-
bered at the close of 2002-03, while the remain-
der is from reduced estimates of actual expendi-
tures during the prior year.
As a result of this improvement, the new
budget proposes that the amount of deficit
bond proceeds used to offset the accumulated
budget deficit through 2002-03 be reduced.
Specifically, the amount of bond proceeds has
been lowered from the earlier $10.7 billion
figure to $9.2 billion-a $1.5 billion reduction.
(This reduction is significant because the unused
bond proceeds will be available to offset bud-
getary shortfalls in the current fiscal year.) The
Governor is proposing that the remainder of the
$2.2 billion budgetary improvement be used to
increase the year-end 2002-03 budget reserve-
from zero at the time the 2003-04 budget was
enacted to $679 million. Thus, the state was
able to start the current fiscal year in a stronger
position than previously anticipated.
4
Reserve $679 $290 $635
$1,607
74,627
3,012
($79,247)
$75,016
3,012
($77,482) ($78,028)
$1,607 $1,219
$929 $929
-$1,474
71,322
9,242
($79,090)
$77,482
$1,219
76,407
2.4%
($77,626)
$79,074
-3,012
($76,062)
$1,563
$929
5.4%
-2.5%
Current and Budget Years
Under the budget plan, the large projected
budget shortfall for the budget year would be
eliminated and 2004-05 would conclude with a
small reserve. Specifically:
~ Revenues are projected to grow from
$74.6 billion in the current year to
$76.4 billion in 2004-05, an increase of
2.4 percent. As discussed below, the
revenue totals in both the current year
and budget year are affected by numer-
ous policy actions associated with prior
budgets as well as with the new pro-
posal.
~ ExpendUures are projected to decline
from $78 billion in 2003-04 to $76.1 bil-
lion in 2004-05. As shown in the figure,
the current·year spending totals have
been increased by the proposed transfer
of $3 billion in bond proceeds to a new
"deficit recovery" special fund. These
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
bond monies are then proposed to offset
General Fund spending in 2004-05.
HOW THE PLAN ADDRESSES
THE BUDGET SHORTFALL
The budget proposal addresses the shortfall
through about $16 billion in budgetary solu-
tions. It incorporates most of the mid-year
savings reductions proposed in late November
by the Govemor, and includes major new
savings proposals in 2004-05. As shown in
Figure 2, 45 percent of the total solutions is
related to program reductions/savings. The
remaining 55 percent is related to the use of the
proposed economic recovery bonds; other
loans and borrowing; a cost shift to local govern-
ments; and a variety of other revenues, transfers,
and funding shifts.
One- Time Versus Ongoing Savings. Of the
$14.4 billion in total savings in 2004·05, we
estimate that about $5.3 billion, or 37 percent, is
one-time and the remaining $9 billion, or 63 per·
Figure 2
Allocations of Governor's
Proposed Budget Solutions
(Dollars in Billions)
» The reserve at the end of 2004-05 is
projected to be about $635 million.
cent, is ongoing in nature, meaning that they will
provide budget benefits in future years.
Program Reductions/Savings
$0.8
The budget includes $7.3 billion in program
reductions and related cost savings in the
current and budget years combined. These
include a $2 billion reduction in Proposition 98
spending and a $950 million reduction in
transportation related to suspension of the
Proposition 42 transfer (the remaining portion of
the $1.1 billion suspension is reflected in the
local government category). In addition, the
budget includes over $700 million in reductions
in higher education, backfilled in large part by
student fee increases; a $1.4 billion reduction in
sociai services related to grant reductions, cost·
of·living adjustment
(COLA) deletions, and
elimination of state·only
services in In·Home
Supportive Services
(IHSS); a $1.1 billion
reduction in Medi-Cal.
primarily related to
10 percent provider rate
reductions; and a
$400 million unallocated
Program reductions/savings
Economic Recovery Bond:
Proceed amounts
Reduced debt service
Other-loans/borrowing
Local government-related
Transfers/other revenues and fund shifts
$6.5
$7.3
-1.4
3.0
1.3
1.0
1.8
0.8
1.6
1.3
2.6
1.8
1.6
reduction to corrections.
1.6
0.9
Totals
$14.4
Detail may not total due to rounding.
LEGISLATIVE ANALYST'S OFFICE
$1.9
$16.2
5
AN LAO REPORT
Economic Recovery Bond
This category accounts for about $2.9 biliion
of total solutions and involves about $1.6 biliion
in net new borrowing and $1.3 biliion in re-
duced debt-service costs.
As background, the 2003·04 budget as-
sumed that the state would sell the $10.7 biliion
deficit reduction bond authorized by the Legisla-
ture in 2003, and that the proceeds would be
used to eliminate the accumulated 2002-03
year-end budget deficit. Repayment of this bond
would require annual General Fund expendi·
tures equal to one-half cent of the state sales tax,
or about $2.5 biliion annually, beginning in
2004-05.
This budget proposes instead to use
$12.3 biliion in proceeds from the larger, up to
$15 biliion, economic recovery bond that wili
be considered by the voters in March 2004. The
use of this bond would result in near-term
budget-related savings in two ways.
» More Bond Proceeds. The proposal
would use a total of $12.3 billion in
proceeds from the Economic Recovery
Bond to offset a portion of the budget
problem. This $12.3 biliion in bond
proceeds is $1.6 biliion more than the
$10.7 biliion in proceeds assumed from
the smaller bond in the 2003·04 budget.
(Any unused balance of the net pro·
ceeds in excess of $12.3 biliion from the
economic recovery bond would be
available for use in the future.)
» Less Debt-Service Costs. Repayment of
the proposed bond would involve
annual General Fund payments to
investors equivalent to one-quarter cent
6
of the sales tax, or about $1.25 biliion
annually, beginning in 2004-05. Thus, the
lower debt service-related expenses
compared to those of the other bond
produces ongoing near-term savings of
about $1.25 biliion annually.
Other Loans and Borrowing
This category accounts for $2.6 biliion of the
budget's overall solutions. It includes about
$930 million related to a proposed pension
obligation bond sale, $947 miliion in Proposi-
tion 98 "settle up" obligations for 2002-03 and
2003-04 which are being deferred to after
2005-06, an increase in the loan amount to local
governments associated with 2003-04 backfill
payments, and loans from transportation funds.
Local Government-Related
This category accounts for $1.8 biliion of the
total solutions. It includes a $1.3 biliion property
tax shift from local governments to schools,
reduced funding for juvenile probation, the
elimination of booking fee reimbursements, and
a reduction in transportation funding related to
the suspension of the Proposition 42 transfer.
Transfers/Other Revenues and
Fund Shifts
This category accounts for $1.6 biliion of the
total solutions. It includes a one·time shift of
about $685 miliion of transportation funds to
the General Fund in 2003-04, $350 miliion in
new federal funds, a net of $75 miliion from a
Medi-Cal proposal involving a quality Improve-
ment assessment fee on managed care plans,
and $55 miliion in proceeds from a land sale at
the University of California (DC) Riverside.
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
TOTAL GENERAL FUND SPENDING
BY PROGRAM AREA
Figure 3 shows General Fund spending by
major program area. Total spending under the
proposal would fall by 2.5 percent in 2004-05,
reflecting decreases in some areas and increases
in others. There are numerous one-time factors
affecting almost every major program area in the
budget. For example, as discussed later:
>- The substantial increase in Medi·Cal
spending in 2004-05 reflects the expira·
tion of one·time savings from new
federal funds and an accounting change.
Figure 3
General Fund Spending
By Major Program Area
(Dollars in Millions)
>- Similarly, the jump in "other" education
spending reflects expiration of one-time
savings related to debt service and
retirement costs.
>- The increase in vehicle license fee (VLF)
subventions reflects a partial one-time
deferral in the current year.
>- Finally, the drop in "all other" spending
reflects the assumed use of pension
obligation bond proceeds in place of
state-funded retirement contributions in
Education Programs
K~ 12 Proposition 98
Community Colleges Proposition 98
UCICSU
Other
Health and Social Services Programs
Medi-Cal $10,554
CalWORKs 2,078
SSIISSP 3,004
Other 7,423
Youth and Adult Corrections $S,837
Vehicle License Fee Subventions $3,797
Deficit Recovery Fund Transfer
All Other
Totals
$26,106
2,642
5,874
3,6S3
$6,512
$77,482
LEGISLATIVE ANALYST'S OFFICE
$27,846 $27,233 -2.2%
2,244 2,414 7.6
S,530 5,080 -8.1
2,660 4,284 61.1
$9,765 $11,569 18.5%
2,060 1,995 -3.1
3,144 3,346 6,4
7,821 7,689 -1.7
$5,326 $5,732 7.6%
$2,703 $4,062 50.3%
$3,012 -$3,012
$5,918 $5,669 -4.2%
$78,028 $76,062 -2.5%
2004-05.
After adjusting for
these and other such
changes, spending on
most programs is at or
below what would be
required to maintain
current-service levels in
2004-05.
The Governor's
specific spending
proposals in individual
program areas are
discussed in detail later
in this brief.
7
AN LAO REPORT
THE BUDGET'S ECONOMIC AND
REVENUE PROJECTIONS
The Economic Forecast
The budget assumes that the recent
strengthening of economic activity will continue
for both the nation and state in 2004 and 2005.
The U.S. real gross domestic product is pro-
jected to grow 4.2 percent in 2004 and 3.6 per-
cent in 2005, reflecting continued growth in
consumer spending and accelerating gains in
business investment in equipment and software.
As shown in Figure 4, both employment and
personal income are forecast to accelerate in
California over the next year, although the gains
will remain moderate by historical standards.
The Revenue Forecast
The administration
projects that General
Fund revenues will grow
from $74.6 billion in
2003-04 to $76.4 billion
in 2004-05, a 2.4 per-
cent Increase. Both the
current-year and budget·
year revenue totals are
affected by numerous
policy-related actions.
For example, the cur-
rent-year total includes
the proceeds from the
tobacco bond autho-
rized in the 2003-04
budget. as well as
numerous loans and
transfers from special
funds. Likewise, the budget·year estimate in-
cludes new receipts from tribal compacts, fees,
and pension obligation bonds. Revenues from
the state's major taxes are projected to increase
by about 6 percent between 2003-04 and
2004-05, consistent with the moderate economic
expansion projected through the budget year.
LAO Assessment
The administration's underlying economic
and revenue assumptions are similar to those of
our November fiscal forecast, and appear
reasonable in light of recent economic and
revenue developments. While the
administration's forecast of total revenues and
Figure 4
Budget Forecasts Accelerating but Still Moderate
California Economic Growth
Year-Over- Year Percent Change, by Quarter
7%
6
5
4
3
2
Personal Income
- Wage and Salary Employment
o
·1
-2
-3
1 2 3 4
L 2002 ---1
Actual
8
1 2 3 4
L 2003 .J
Estimated
1 2 3 4
L 2004 ...J
Forecast
1 2 3 4
L 2005 ...J
Forecast
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
transfers exceeds those in our November report,
virtually all of the difference is due to policy·
related factors-that is, the numerous loans,
transfers, and fee proposals included in the
budget proposal. The administration's forecast of
collections from major taxes-which are devoid
of major policy changes-is down from our
November projection by just $184 million for
2003-04 and 2004-05 combined, a negligible
difference given the large size of the tax bases
involved. We will be updating our projections in
February to account for updated information on
revenue trends and on economic performance
at the end of 2003 and start of 2004.
EXPENDITURES BY MAJOR INDMDUAL
PROGRAM AREA
PROPOSITION 98
Figure 5 summarizes the budget's proposed
Proposition 98 allocations for K-12 schools and
Figure 5
Governor's Proposed
Proposition 98 Funding
community colleges. It shows a total of
$46.6 billion in 2004-05, an increase of
$752 million, or 1.6 percent, over the
Governor's current-year
estimate. This low
growth rate is due to the
Governor's proposal to
suspend the Proposi·
tion 98 minimum
guarantee for 2004-05.
The Governor's pro-
posed funding level is
approximately $2 billion
less than would be
required under the
minimum guarantee,
creating a $2 billion
maintenance factor that
would have to be
restored in future years.
(See shaded box next
page.) Suspension
would likely result in
annual savings of
roughly $2 billion for
several years in the
fu ture.
(Dollars in Millions)
K-12 Proposition 98
State General Fund $27,645 $27,846 $27,233 -$613 -2.2%
Local property tax revenue 13,609 13,664 14,709 1,046 7.7
Subtotalsb $41 ,254 $41,510 $41,942 $432 1.0%
CCC Proposition 98
State General Fund $2,244 $2,244 $2,414 $170 7.6%
Local property tax revenue 2,121 2,115 2,264 150 7.1
Subtotalsb $4,365 $4,359 $4,679 $320 7.3%
Total Proposition 98
State General Fund $29,889 $30,071 $29,647 -$443 -1.5%
Local property tax revenue 15,730 15,779 16,974 1,195 7.6
Totalsb $45,619 $45,868 $46,621 $752 1.6%
a These dollar amounts reflect appropriations made to date, or proposed by the Governor in the current
year. In order to meellhe minimum guarantee in 2002-03 and 2003-04, the Legislature would need to
appropriate an additional $518 million and $429 million, respectively.
b Totals may not add due to rounding. Total Proposition 98 amounts also include about $93 million in
funding that goes to other state agencies for educational purposes.
LEGISLATIVE ANALYST'S OFFICE
9
AN LAO REPORT
The Governor also proposes to fund Propo-
sition 98 below the minimum guarantee In
2002-03 and 2003-04, but does not propose
suspension in these years. Thus, for these years,
the state would need to appropriate additional
resources to settle up to the minimum guaran-
tee. However, the California Constitution does
not specify a timeline by which the state must
settle up. Under the Governor's proposal, the
state would not begin paying the settle-up
obligation of $947 million until 2006-07. This
effectively creates a $947 million loan from
Proposition 98 to the General Fund until that time.
While the Governor's budget proposes to
increase total Proposition 98 spending, General
Fund spending on Proposition 98 actually falls
by $443 million between 2003-04 and 2004·05.
This occurs because local property tax (LPT)
revenues increase by almost $1.2 billion. The
growth in LPT results from a combination of
natural growth in school LPT, a proposal to
transfer additional property tax revenues from
local governments to school districts through the
Education Revenue Augmentation Fund (ERAF).
and transfers of ERAF revenues from school
districts to local governments as part of the
How A PROPOSITION 98 SUSPENSION WOULD WORK
Over the long-run, the Proposition 98 minimum guarantee is determined by the growth
in K-12 attendance and growth in per capita personal income (referred to as the long-term
Test 2 level). The Constitution allows the Legislature to appropriate less for K·14 education
than this long-term Test 2 level under two circumstances: (I) the Legislature suspends the
requirements of Proposition 98 or (2) percapita General Fund revenues grow slower than
per capita personal income (known as a Test 3 level).
In either of these circumstances, the Constitution requires the state to restore in future
years the difference between the actual level of spending and the long-term Test 2 level of
spending. This difference is known as the maintenance factor. Generally, maintenance factor
is restored during Test 2 years (when the growth of General Fund revenues exceeds growth
in personal income). We estimate that under the Governor's proposal, the state would start
the budget year with a $2.5 billion maintenance factor obligation. Absent a suspension,
$500 million of this amount would have been paid off in 2004-05, leaving a $2 billion factor
at the end of the budget year. The Governor proposes to suspend the minimum guarantee in
2004-05, providing $2 billion less than Proposition 98 would require. Consequently, the proposed
suspension would increase the year-end maintenance factor obligation to $4 billion.
The Governor's proposal, beginning in 2005-06, would restore the maintenance factor
consistent with existing law. Thus, this maintenance factor would take multiple years to
restore, and under the most recent LAO forecast would only be partially restored by 2008·09.
As a result, the Governor's proposal would likely result in annual savings of $2 billion for a
number of years.
10
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
"triple flip" payment mechanism for the Economic
Recovery Bond on the March 2, 2004 ballot.
K-' 2 Education
Budget Fully Funds Growth, COLA, and
Some Program Expansions. The Governor's
bl1dget proposes about $1.9 billion in new K-I2
expenditures in 2004-05. Funds for these pro·
posals come from three sources. First, total K·I2
Proposition 98 funding is proposed to grow by
$432 million in the budget year. Second, the
budget proposes over $300 million in specific
program reductions. Third, the budget uses
$1.1 billion appropriated in the 2003-04 Budget
Act for one-time expenditures as ongoing
revenues in 2004-05. The one-time expenditures
in the current year reduced the amount of
deferred program costs from the level assumed
in the 2002·03 Budget Act. Rather than further
reduce the level of deferrals in 2004-05, the
Governor's budget proposes to direct these
funds to ongoing program expenditures.
The budget proposes to spend the $1.9 bil-
lion in available funds as follows:
> $750 million for a COLA (1.84 percent)
for revenue limits and most categorical
programs.
> $600 million to compensate for a 1 per·
cent growth in the number of K-I2
students.
> $ 500 million for other funding adjustments
including (1) categorical program increases
such as instructional materials ($188 mil·
lion) and deferred maintenance ($173 mil-
lion), and (2) funds to equalize school
district revenue limits ($110 million).
LEGISLATIVE ANALYST'S OFFICE
$2 Billion in Categorical Funding Trans-
ferred to Revenue Limits. The Governor pro·
poses to eliminate $2 billion in funding for
22 categorical programs, and fold those funds
into school district (and county office of educa-
tion) revenue limits. Districts would receive the
funds based on the distribution of the categori·
cal funds for those 22 programs in 2003-04-that
is, school districts would receive similar amounts
of monies as if the programs were still in place.
However, the districts would have full discretion
over the use of the funds. Accompanying the
categorical reform proposal will be trailer bill
language requiring greater "sunshine" on the
local budget process, and requirements for
increased opportunities for community and
school site participation in academic and budget
decisions. In addition, school districts would be
required to present local budgets that fully
restore their reserves for economic uncertainty
by 2005-06.
Greater District Fiscal Accountability
Proposed. The Governor proposes several
reforms to ensure greater fiscal stability for
school districts. Most significant of these is the
requirement that all districts' collective bargain·
ing agreements be subject to a I5-day review
and comment period on their budgetary impact
prior to school board adoption. The proposal
will also include (1) greater specificity for
defining fiscal insolvency, (2) guidelines for
making multiyear projections, and (3) clearer
authority for the Superintendent of Public
Instruction to assign the Fiscal Crisis Manage-
ment Assistant Team to districts in fiscal distress.
Comments, Issues, and Concerns
Suspension Reasonable Given Overall
Budget Situation. We believe that the proposed
11
AN LAO REPORT
suspension of the Proposition 98 minimum
guarantee merits serious legislative consider-
ation. Given the size of the structural deficit and
Proposition 98's share of General Fund expendi-
tures (roughly 40 percent), it would be very
difficult to close the budget gap without involv-
ing Proposition 98. In addition, the Governor's
proposed funding level provides sufficient
resources to fully fund growth, COLA, and some
additional expansion and program restorations.
The Legislature may want to consider addressing
the $947 million settle·up obligation through
either a suspension for those years or other
options that do not require additional General
Fund expenditures.
HIGHER EDUCATION
UC and CSU
The Governor's budget proposal would
reduce General Fund support for UC by
$198 million, or 6.9 percent, from the revised
2003-04 level. The California State University's
(CSU's) General Fund support would decline by
$221 million, or 8.4 percent. Most of these
reductions would be backfilled with new rev-
enue from proposed student fee increases of
10 percent to 40 percent. When General Fund
support and fee revenue are combined, UC and
CSU's funding would decline by 0.3 percent and
2 percent, respectively.
In keeping with legislative intent expressed
in the 2003-04 budget package, the Governor's
2004-05 budget proposal includes no funding
for enrollment growth at UC and CSu. In fact,
the Governor proposes to reduce the enroll-
ment of new freshmen at the two segments by
10 percent, with the foregone enrollment being
redirected to community colleges. The budget
12
also would eliminate General Fund support for
outreach programs, increase the student-faculty
ratio at both segments, restore various one-time
reductions from 2003-04, and fund increases in
various health benefits and retirement costs.
California Student Aid Commission
(CSAC)
General Fund support for CSAC would
increase by a total of $53.8 million. The budget
proposes to lower by 10 percent the income
ceiling for students qualifying for Cal Grants, and
would reduce the maximum Cal Grant award for
students attending private institutions by about
44 percent. In a departure from recent practice,
it would not increase the dollar amount of a Cal
Grant award for UC and CSU students to ac-
commodate proposed fee increases. At the
same time, the budget assumes substantial
growth in the number of Cal Grant awards.
HEALTH
Key Proposals by Program
Medi-Cal. The Medi-Cal budget proposal for
2004-05 reflects a significant increase in the
overall level of General Fund support for the
program. The increased cost is primarily due to
one-time budgetary solutions (federal funds and
accounting changes) in 2003-04 which do not
continue into 2004·05.
These additional costs would be partly offset
with spending reductions. The Governor's
budget proposal refiects the continuation into
the budget year of various reductions that were
proposed in November (but that have not been
enacted to date) for implementation beginning
in the current fiscal year. These proposals would
reduce the reimbursement rates paid to speci-
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
fied providers, which were already set to de·
crease by 5 percent. by a total of 15 percent;
impose enrollment caps on nonemergency
services for recent immigrants and undocu-
mented persons; and eliminate funding ear-
marked to increase pay for nursing home work-
ers. In addition, reductions proposed in the
spending plan to commence in the budget year
would reduce Medi-Cal expenditures by delay-
ing payments to providers by one week; estab-
lishing a "quality improvement fee" for managed
care health plans; and reducing the reimburse·
ments paid to certain clinics and hospitals.
The administration also proposes to pursue a
federal waiver to achieve Medi·Cal savings by
2005-06 by simplifying eligibility standards,
imposing copayments for services, modifying
benefit packages for certain optional popula·
tions. expanding managed care plans, and
implementing other changes.
Department of Developmental Services. As
announced previously. the 2004-05 spending
plan drops administration proposals presented in
November to cap caseloads for Regional Center
community services and to end certain services.
such as respite care. About $100 mlllion in
savings would be achieved in 2004-05 by
establishing copayments for families of persons
receiving services, standardizing statewide the
program reimbursement rates and services that
are provided, and taking other steps.
Other Health Programs. The budget plan
continues into 2004·05 a November proposal to
cap caseloads and reduce provider rates for
various programs starting in 2003-04. In addition
to the enrollment limit, Healthy Families Pro-
gram spending would be changed by making
benefits for recent immigrants part of a block grant
to counties, and further changed in 2005-06 by
LEGISLATIVE ANALYST'S OFFICE
modifying the premiums and benefits provided for
children of families with higher incomes.
Comments, Issues, and Concerns
The exact magnitude of savings that can be
achieved from proposed reductions in Medi-Cal
rates is uncertain at this time given recent
litigation over sImilar reductions enacted as part
of the 2003·04 budget plan. A preliminary
injunction issued by a federal district court in
December has blocked, at least for now. the
implementation of the first 5 percent reduction
in rates that was scheduled to take effect on
January 1, 2004. If the litigation prevented any
rate reduction from occurring, the state would
lose hundreds of millions of dollars in savings.
The state is appealing the decision.
SOCIAL SERVICES
Key Proposals by Program
IHSS. The budget retains the mid-year
proposal to eliminate the "residual" program.
which is funded exclusively with state and
county dollars. The proposal assumes that
24 percent of residual recipients will switch to
providers who are not "responsible relatives:'
thereby retaining eligibility for the federally
funded Personal Care Services Program. Net
savings from the elimination of the residual
program are estimated to be $366 million.
In addition, the budget limits state participa-
tion in provider wages to the minimum wage,
rather than the $ I 0.10 per hour level currently
authorized. This results in savings of $100 mil-
lion (including associated administrative savings).
Finally, the budget proposes savings of $26 mil-
lion by reducing services for recipients living
with able-bodied relatives.
13
AN LAO REPORT
California Work Opportunity and Responsi-
bility to Kids (CaIWORKs). The budget contains
savings proposals related to CalWORKs grants
and COLAs. as well as several CalWORKs policy
changes. As regards grants and COLAs, the
budget retains the mid-year proposal to
(I) reduce CalWORKs grants by 5 percent
effective April I. 2004, and (2) avoid both the
October 2003 and July 2004 COLAs. These
proposals result in savings of $135 million in
2003-04 and $407 million in 2004-05.
As regards program policy changes. the
Governor proposes (I) a 25 percent grant
reduction for cases in sanction status and
(2) stricter work requirements. These proposals
result in grant savings of $163 million, partially
offset by increased child care costs of $134 mil-
lion, for a net savings of $29 million. With
respect to state childcare programs, the budget
proposes several changes including increases in
family fees, reductions in payments to providers,
modifications to eligibility rules, and an elimina-
tion of dedicated funding for childcare for
families who have been off of cash assistance for
at least three years. For 2004·05, these child care
reforms would result in savings of $42 million in
CaiWORKs and $123 million in Proposition 98.
Supplemental Security Income/State
Supplementary Program. The budget proposes
to suspend the January 2005 state COLA
resulting in cost avoidance of $85 million. In
addition, the budget does not "pass through"
the federal January 2005 COLA, resulting in
savings of $62 million.
Comments, Issues, and Concerns
Major Reductions to IHSS. The Governor
proposes to reduce spending on IHSS by
$492 million (35 percent) compared to the
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requirements of current law. In evaluating the
proposed reductions, the Legislature should
weigh the budgetary savings against the impact
on aged and disabled individuals who will lose
services.
Governor's Welfare Refonn Proposal. The
Governor proposes to achieve higher rates of
work participation from stricter work require-
ments and greater sanctions. In evaluating this
proposal, the Legislature shouid weigh the
benefits of increased work participation versus
the potential adverse impact on children in
families whose parents are unwilling or unable
to comply with the new rules.
JUDICIARY AND CRIMINAL JUSTICE
General Fund spending for Judiciary and
criminal justice programs is proposed to in·
crease $425 million, or 6 percent. This increase
refiects the replacement of one-time federal
funding ($852 million) with General Fund
monies. The budget actually proposes approxi-
mately $600 million in reductions to judiciary
and corrections programs. However, it does not
provide specific details on how most of the
savings will be accomplished in 2004-05. In-
stead, it proposes large unallocated reductions
($400 million in corrections and about $70 mil-
lion in the courts) as a piaceholder for proposals
that will be submitted to the Legislature as part
of the May Revision. This will result in a signifi-
cantly compressed timeframe for legislative
review, particularly for an unspecified solution of
this magnitude.
The budget contains administrative and
programmatic proposals focused on improving
accountability and service delivery in the
California Department of Corrections (CDC)
and the Department of the Youth Authority. In
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
the case of CDC, this includes establishing over
1,200 additional positions in the prisons at a
cost of nearly $100 million. The budget also
proposes to implement information technology
projects and internal cost controls in the depart-
ment. The Youth Authority proposals involve
significant policy issues such as changing the
age jurisdiction of the department. authorizing
the transfer of wards to the adult prison system.
and reforming juvenile sentencing. The budget
also proposes to change the staffing of ward
living units to allow additional time for treatment
services. The budget indicates that additional
details regarding these proposals will be pro-
vided to the Legislature during the spring, thus
leaving limited time for legislative review and
consideration.
TRANSPORTATION
The budget proposes a number of actions in
the area of transportation in order to provide
savings to the General Fund.
2003-04 Mid-Year Changes
For the current year, the administration
proposes the following actions:
>- Shift the funding of local transportation
projects from an accrual basis to cash
basis in order to realize, for one-time
purposes only, approximately $800 mil-
lion in federal cash reimbursements. Of
this amount: (1) $406 million would be
transferred to the General Fund for debt·
service payments related to three trans-
portation bond issues, (2) $200 million
would be loaned to the General Fund,
and (3) the remaining $194 million would
remain in the State Highway Account
(SHA) for transportation expenditures.
LEGISLATIVE ANALYST'S OFFICE
>- Transfer $189 million from the Traffic
Congestion Relief Fund to the General
Fund.
>- Transfer about $60 million in non-Article
XIX (gas tax) SHA funds to the General
Fund instead of the Public Transportation
Account (PTA).
>- Retain in the General Fund $30 million
in additional "spillover" gasoline sales tax
revenue that otherwise would accrue to
the PTA.
Budget-Year Adjustments
For 2004·05. the budget proposes to:
>- Suspend the Proposition 42 transfer to
the Transportation Investment Fund of
about $1.1 billion in gasoline sales tax
revenue. Instead, the revenue would
remain in the General Fund. Specific
statutory authority for Traffic Congestion
Relief projects would also be removed.
>- Transfer about $47 million in non· Article
XIX (gas tax) SHA funds to the General
Fund instead of the PTA.
>- Transfer $745.000 from the Aeronautics
Account to the General Fund.
In total, the budget's transportation propos-
als would provide about $2.1 billion to the
General Fund over the two years.
Comments, Issues, and Concerns
The budget proposals to use transportation
funds to help the General Fund would signifi-
cantly reduce funding available for transporta-
tion-related improvements. The proposals raise a
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AN LAO REPORT
number of issues both in the short and the long
term, related to the funding of the state's trans-
portation programs. including the following:
»- Uncertain Transportation Funding
Hinders State and Local Project Deliv-
ery. If adopted, the administration's
proposal to suspend Proposition 42
would be the second suspension (in full
or in part) in the first two years of this
program, thereby creating uncertainty
regarding future Proposition 42 transfers
when the state faces a budgetary crisis.
Such uncertainty makes long-term
planning difficult, and money will be
wasted in stopping and restarting
projects, many of which are local priori·
ties. Furthermore, shifting local transpor-
tation funding to a cash basis reduces
local governments' ability to deliver
projects. Any future fluctuations in the
availability or timing of funding could
cause temporary shortfalls in available
funds and result in project delays.
»- One-Time Benefit Creates Ongoing
Bureaucracy. Shifting local transporta-
tion funding to a cash basis will require
Caltrans to project the future cash needs
of thousands of local projects annually
to ensure that their cash needs in any
one year do not outstrip available
funding. Caltrans does not currently
possess this capacity, and it is still
unknown what additional resources
Caltrans will need to make these projec-
tions on an ongoing basis.
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RESOURCES
The budget proposes substantially lower
state expenditures for resources and environ-
mental protection programs in 2004·05, mainly
in bond-funded programs. Although the budget
proposes some relatively small reductions in
General Fund expenditures-reflecting a combi-
nation of program reductions and funding shifts
to fees-the major feature of the Governor's
resources budget proposal relates to the use of
bond funds.
Bond Plan Incomplete. The budget pro-
poses expenditures of $136 million from bond
funds in 2004·05. This represents a reduction of
$3.9 billion, or 97 percent, from estimated
expenditures in the current year. In recent years,
bond funds have provided the majority of
funding for resources programs. The administra-
tion has indicated that the January budget
proposal for resources bonds is substantially
incomplete and that it will submit the balance of
the Governor's proposal in the spring. The
Governor's budget summary document, how-
ever, indicates that the Governor's resources
bond expenditure priorities include implementa-
tion of the CALFED Bay-Delta program, Lake
Tahoe environmental protection. and state park
facility improvements. In the interim, the adminis·
tration plans to evaluate opportunities to reorga·
nize and streamline the implementation of re-
sources conservation efforts receiving bond funds.
GENERAL GOVERNMENT
Retirement-Related Proposals
The administration is proposing major
changes in the retirement area for state employ-
ees, with an estimated General Fund benefit of
$950 million in 2004-05.
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
Modified Pension Obligation Bond. The
administration proposes replacing the current·
year $1.9 billion pension obligation bond
assumed in the 2003·04 budget with a bond of
one-half that amount. The new bond would
cover a portion of the state's 2004-05 retirement
contribution obligations, for a General Fund
benefit of $929 million. A recent Superior Court
decision ruled that the state cannot sell these
types of bonds without voter approval. but the
state has appealed the decision.
Increased Employee Contributions. The
Governor proposes increasing the percentàge of
salary that state employees contribute to retire·
ment. The budget assumes $14 million in
General Fund savings from increasing employee
contributions by 1 percent. This would require
renegotiating contracts with the state's collective
bargaining units.
Reduced Retirement Benefits for New
Employees. The administration proposes rolling
back retirement benefits for new employees to
those in place prior to the enactment of Chap-
ter 555, Statutes of 1999 (SB 400, Ortiz). This
would generate long· term savings as more
employees are hired, but only an estimated
$6 million in General Fund savings in 2004-05.
Indian Gaming Revenue
The state has signed compacts with 64
Indian tribes related to gaming on tribal lands.
Currently, pursuant to these compacts, tribes
contribute over $ I 00 million annually to state
accounts. These funds are then allocated to
nongaming tribes and various other purposes.
The administration proposes to have compact
tribes additionally contribute $500 million in
revenues to the General Fund in 2004-05. This
LEGISLATIVE ANALYST'S OFFICE
revenue proposal depends on the state success-
fully negotiating such a payment with the tribes.
Comments, Issues, and Concerns
Viability of Proposals. The administration's
major proposals in the general government area
of the budget (retirement and Indian gaming
revenues) are similar to those included in the
2003·04 budget. The courts thus far have
prevented the state from issuing pension bonds,
and the prior administration was unable to
generate any significant revenues from negotiat·
ing for increased tribal gaming revenues. As
such, the viability of obtaining the $1.4 billion in
budget solutions proposed in these areas should
be seriously questioned by the Legislature.
LOCAL GOVERNMENT
VLF Backfill. The budget provides funding
for General Fund backfill payments to cover the
full reduction in the VLF. The cost of the backfill
is $2.7 billion in 2003-04 (with an additional
$1.3 billion payable to local governments in
2006), and $4. I billion in 2004-05.
Property Tax Shift. The budget includes a
$ 1.3 billion shift of local government property
taxes to the ERAF. This $1.3 billion shift equates
to a roughly 25 percent increase in ERAF obliga-
tions, or a decrease in local government prop-
erty taxes of about 10 percent. These increased
ERAF property taxes reduce state K-14 spending
obligations by a commensurate amount.
Mandate Reimbursement Deferred. Finally,
consistent with legislative intent expressed in the
2003-04 Budget Act. the budget defers reim-
bursement to counties, cities, and special
districts for state mandates. Under current law,
local agencies must carry out state· mandated
requirements, regardiess of delays in state
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AN LAO REPORT
reimbursement. By the end of the budget year,
we estimate the state will owe local agencies
(mostly counties and cities) over $1 billion for
deferred mandate reimbursements.
Other Local Government Proposals. In
addition to the ERAF shift, the budget proposes
more than $400 million of other changes that
reduce local government funds or increase local
costs. These proposals include: reducing funding
for juvenile probation ($134 million), suspending
the Proposition 42 General Fund transfer for
local transportation programs ($179 million),
and eliminating booking fee subventions
($38 million).
CONSIDERATIONS FOR THE LEGISLATURE
We believe that the budget has many
positive features. Its underlying revenue and
caseload assumptions are reasonable, it pro-
vides an accurate depiction of the size of the
problem facing California, and many of its
solutions would provide real and lasting savings.
Given the magnitude of the problem, we also
believe that it is appropriate that the administra·
tion looked to all expenditure areas of the
budget for solutions. As such, the proposal
offers a solid starting point for budget delibera-
tions.
At the same time, however, the budget
poses serious questions and concerns for the
Legislature in several areas. For example, as
touched on earlier in this brief:
Some Budget Savings May Not Be Realized.
The amount of savings scored for various budget
proposals may not be fully achievable due to
legal and other factors. Examples include the
$400 million in corrections savings, the
$500 million in tribal gaming revenues, the over
$900 million in savings from pension obligation
bonds, and potentially hundreds of millions of
dollars in Medi-Cal savings from provider rate
reductions.
Does the Budget Push Too Much Off Into
the Future? One of the main features of recent
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budgets is that they have not meaningfully
addressed the ongoing structural budget short·
fall that has confronted the state since 2001-02.
While this budget does contain large amounts of
real and ongoing savings, it still leaves a signifi-
cant amount of the structural problem for future
years. Our initial projections-based on our
November economic and revenue assump-
tions-suggest the Governor's plan would leave
the state with a budget shortfall of roughly
$6 billion in 2005-06, even jf all of the savings
and other solution assumptions in the plan were
fully realized. Furthermore, the unaddressed
budget shortfall would be even larger if some or
all of the risky assumptions noted above fail to
materialize. We will be revising our estimate
next month of the out-year structural problem
under the proposal to refiect updated eco-
nomic, revenue, and expenditure assumptions.
However, regardless of the precise estimate, the
issue for the Legislature is how the projected
multibillion-dollar out-year problem should be
dealt with and whether it should be more
completely addressed at this time.
Should Additional Revenues Be Consid-
ered? There are several reasons to ask this
question. One involves the large magnitude and
potentially far-reaching effects of the proposed
LEGISLATIVE ANALYST'S OFFICE
AN LAO REPORT
budget reductions on state programs. A second
is the multibillion-dollar ongoing budget shortfall
that would still remain unresolved even under
the Governor's plan, and that would have to be
dealt with through more borrowing or further
spending cuts if additional revenues are "left off
the table." We believe the Legislature should
consider whether solutions involving taxes-such
as the elimination of selected tax expenditures
or increased tax rates-should be part of the
2004-05 budget plan. Even if limited tax in-
creases have certain negative effects on the
economy, these consequences should be
weighed against the negative consequences of
the alternatives, including deeper cuts in public
spending in infrastructure, education, and other
areas, or more borrowing.
What About Budgetary Reforms? The
Governor has stressed his intent to undertake a
broad-based comprehensive review and restruc-
turing of state operations that will improve
LEGISLATIVE ANALYST'S OFFICE
efficiency and produce fiscal benefits. While the
budget plan does include some examples in
these areas, such as an outline of future reforms
in the Medi-Cal area, many of the ideas are not
very well developed at this point. In fairness, the
administration has only been in office for three
months. However, if significant fiscal benefits in
these areas are to be achieved, it will be impor-
tant for the administration to translate its ideas
into specific proposals which can be considered
in a timely fashion by the Legislature.
Timely and Decisive Action Is Needed.
Finally, as was the case last year, we believe that
it is important that the Legislature act early and
decisively to address the budget shortfall, and
that it seek to maximize the amount of ongoing
solutions to the budget problem. Otherwise, the
state will both forego the full potential benefits
that different solutions have to offer, and will
face renewed budget shortfalls In subsequent
years.
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